Indian River County Board of County Commissioners meeting … · 2018-04-07 · June 9, 2009 Page 2 of 7 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION

June 9, 2009 Page 1 of 7

BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA

C O M M I S S I O N A G E N D A

COUNTY COMMISSIONERS

Wesley S. Davis, Chairman District 1 Joseph A. Baird, County AdministratorJoseph E. Flescher, Vice Chairman District 2 William G. Collins II, County AttorneyGary C. Wheeler District 3 Jeffrey K. Barton, Clerk to the BoardPeter D. O’Bryan District 4 Bob Solari District 5

1. CALL TO ORDER 9:00 A.M. PAGE

2. INVOCATION

Pastor Doug Vogt, First Church of God

3. PLEDGE OF ALLEGIANCE

Commissioner Gary C. Wheeler

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

None

6. APPROVAL OF MINUTES

A. Regular Meeting of May 12, 2009

County Commission Chamber Indian River County Administration Complex

1801 27th Street, Building A Vero Beach, Florida, 32960-3388

www.ircgov.com

TUESDAY, JUNE 9, 2009 - 9:00 A.M.


7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION PAGE

A. Appointment of Taxpayers’ Association Appointee to the Land Acquisition Advisory Committee (memorandum dated June 2, 2009) 1-3

8. CONSENT AGENDA

A. Approval of Warrants and Wires May 22, 2009 thru May 28, 2009

(memorandum dated May 28, 2009) 4-9 B. Third Updated 2009 BCC Committee Assignments

(memorandum dated June 2, 2009) 10-13 C. Abandonment of Access Easement along C. R. 512

(memorandum dated May 29, 2009) 14-17

D. Amendment to Tower and Ground Space Lease Verizon Wireless – Gifford Water Tower (memorandum dated May 29, 2009) 18-21

E. Property Acquisition – Tax Roll Removal & Tax Cancellation, Properties Acquired by Indian River County between March 17, 2009 and May 27, 2009 (memorandum dated May 27, 2009) 22-74

F. Mediated Settlement; Egan v. Indian River County (memorandum dated June 2, 2009) 75-84

G. Work Order No. 4, Additional Services (Engineering/Surveying) Morgan & Eklund, Inc. – Final Pay, Release of Retainage Old Dixie Highway (North), US 1 TO 69th Street, Local Agency program (LAP) Sidewalk Improvements Project Right-of-Way Mapping (+/- 4 miles) IRC Project No. 0845 (memorandum dated June 1, 2009) 85-86

H. Dunkelberger Engineering & Testing, Inc. for 53rd Street Roadway Improvements IRC Project #0107 Release of Retainage (memorandum dated May 29, 2009) 87-88

I. Professional Services with G. K. Environmental, Inc. for 16th Street (between 66th Avenue and 74th Avenue) Roadway Improvements IRC Project No. 9920 (memorandum dated May 29, 2009) 89-92


8. CONSENT AGENDA PAGE

J. Civil Engineering and Land Surveying Agreement for Bridge Replacements and Widening of 66th Avenue from South of SR60 to 59th Street, Amendment No. 7, IRC Project No. 0545 (memorandum dated May 29, 2009) 93-98

K. Approval to Allow the Exhibition of a Photo Display on Behalf of the Children’s Home Society in the County Administration Building “B” (memorandum dated June 3, 2009) 99-103

L. Consideration of Neighborhood Stabilization Program (NSP) Community Development Block Grant (CDBG) Service Providers Selection Committee Recommendation for Nonprofit Housing Organizations/Governmental Agencies (memorandum dated May 28, 2009) 104-106

M. CNL Net Lease Funding 2001, LP, a Delaware Limited Partnership State Road 60/58th Avenue Intersection Improvements Project #0632 (memorandum dated June 1, 2009) 107-114

N. Edward Byrne Memorial Justice Assistance Grant (JAG) Program – American Recovery and Reinvestment Act of 2009 – Grant Distribution (memorandum dated June 3, 2009) 115-134

O. Final Payment and Retainage Release Work Order #11, Applied Technology and Management Inc. (memorandum dated June 1, 2009) 135-139

P. Tourist Development Council 2009/2010 Budget Recommendations (memorandum dated June 3, 2009) 140-144

Q. Lease Extension, 7135 66th Avenue – 66th Avenue Widening and Improvements, County Project No. 0370, Justo Manuel and Blanca Lleo Hernandez, Tenant (memorandum dated May 27, 2009) 145-148

R. Lease Extension, 8865 91st Avenue, Vero Beach, Fl, CR510 Widening and Improvements, County Project No. 0610, Gina Hower, Tenant (memorandum dated June 1, 2009) 149-153

S. Lease Extension, 5165 66th Avenue – 66th Avenue Widening and Improvements, County Project No. 0370, David Robert Geary, Tenant (memorandum dated June 1, 2009) 154-157


9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE

None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. Ordinance Amendment to Provide Charging a Registration Fee for Sex Offenders and Predators, Career Felons and Convicted Felons (memorandum dated May 28, 2009) 158-166

Legislative

B. PUBLIC DISCUSSION ITEMS

Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes.

None

C. PUBLIC NOTICE ITEMS

1. Notice of Scheduled Public Hearing June 16, 2009 Board consideration of the approval of a plan of finance to provide capital, including the issuance from time to time by the Escambia County Housing Finance Authority, on behalf of Indian River County and other participating counties, of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds (memorandum dated May 12, 2009) 167

Legislative

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

1. Consideration of Agreements for Donation of County Owned Surplus Properties to Non-Profit Housing Organizations for the Provision of Affordable Housing (memorandum dated May 28, 2009) 168-208

B. Emergency Services

None


12. DEPARTMENTAL MATTERS PAGE

C. General Services

None

D. Human Resources

None

E. Human Services

None

F. Leisure Services

None

G. Office of Management and Budget

None

H. Recreation

None

I. Public Works

1. Work Order #5, Coastal Technology Corporation Inc., Sector 3 Beach Restoration Pre-construction services (memorandum dated June 1, 2009) 209-217

2. Resolution Authorizing the Florida Department of Transportation (FDOT) to Fabricate and Install “Stan Mayfield Memorial Highway” Signs on SR-60 West of I-95 (memorandum dated June 1, 2009) 218-219

J. Utilities Services

1. Vero Lake Estates Master Plan Water Phase II Project Timothy Rose Contracting, Change Order 1 & Final Payment – UCP 2958 (memorandum dated May 29, 2009) 220-226

13. COUNTY ATTORNEY MATTERS

A. Acquisition of Right-of-Way Along 66th Avenue, Gary D. Brown Revocable Trust (memorandum dated May 29, 2009) 227-243


14. COMMISSIONERS ITEMS PAGE

A. Commissioner Wesley S. Davis, Chairman

None

B. Commissioner Joseph E. Flescher, Vice Chairman

None

C. Commissioner Gary C. Wheeler

None

D. Commissioner Peter D. O’Bryan

None

E. Commissioner Bob Solari

1. County Administrator Joe Baird, the DUI and the process going forward (memorandum dated June 1, 2009) 244

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

B. Solid Waste Disposal District

None

C. Environmental Control Board

None

16. ADJOURNMENT

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 (TDD # 772-770-5215) at least 48 hours in advance of meeting.


The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library.

Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule:

Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m.,

Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m.

To:

Date:

Subject:

From:

June 9, 2009 INFORMATION ITEM

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

June 2, 2009

Appointment of Taxpayers' Association Appointee to the Land Acquisition Advisory Committee

Misty L. Horton Commissioner Assistant, District 1

Taxpayers' Association of Indian River County has unanimously selected Daniel C. Stump to the Taxpayer's Association position on the Land Acquisition Advisory Committee. This position has been vacant since April 1, 2009 with the passing of James Granse, leaving a vacancy on this committee.

Mr. Stump's term will expire in 2010.

Attachments: Taxpayers' Association letter dated May 29, 2009 Resume of Daniel C. Stump

F:\BCC\Agenda ltems\2009\Appointments & Resignations\LMC- Appl Daniel Stump.doc

1

TAXPAYERS' ASSOCIATION of Indian River County

P.O. Box 1751 Vero Beach, Florida 32961-1751

May 29, 2009

The Honorable Wesley Davis Chairman Indian River County Board of County Commissioners 1801 27'h Street Vero Beach, Florida 32960-3388

Dear Mr. Davis,

This is a follow up to my letter dated April 13, 2009 advising you of the Taxp11yers' Association of Indian River County's desire to make a recommendation for their representative to the Land Acquisition Advisory Committee.

The Board of Directors of the Taxpayers' Association of Indian River County, at the Executive Board meeting, Wednesday, May 6, 2009 unanimously selected Daniel C. Stump as their recommendation to fill the vacancy of their representative on the Land Acquisition Advisory Committee.

Mr. Stump has agreed to serve in that position if selected by the Indian River County Commission. He is available for interviews with County Commissioners if desired. Mr. Stump can be reach at 772 234-1779.

Enclosed with this letter is Mr. Stump's resume.

Thank you for your consideration.

Sincerely,

Paul A. Teresi, President Taxpayers' Association of Indian River County

Enclosure

2

FR0.'1

Residence;

Law Office:

Personal:

1973 - 197 4

197 4 - 1976

1977 - 1907

1980 - 1984

FAX t>O.

R E S U M E

OE'

DANIEL C. STUMP

M.Jy. 13 2009 03:35Pt1 P1

615 Camelia Lnne, Vero Oeach, Fl. 32963

4~~5 N. AlA, Suite 130 Vero Beach , F~ . 32963 Telephone Number : 772-234-1779 Fa x: 772 -234- 1791 Email: DStump03l1@aol . com

8.A., Michigan State Uni versir.y, 1969, ECONOMI CS J , D. , Univer sity of Detroit Schoo l o f Law, 1913 L.L.M. (Ta xation) , Wayne State Unive rsity Law School , 1906 CLU, Amer i can College , 1991 ChFC , Amer i can College , 1992

Member of t he St ate Bar of Michigan, 1973 Member o f the Florida Bar, 1975 Real Property, Probate, and Tr ust Law Section; Tax Law $ection

Age 62 , Ma.r~ied, Good Health

PR0fES3IONAL EXPERIENCE

Legal Research Cl er.k for Circui t Cour:t in Ingham Count y, Mlchiga n

Assistant Prosecuting Attorney f or Ingham Count y, Michigan

STUMP & S'l'UMP, ATTORNEYS AND COUNSELORS AT LMI 33 10 Bardavill e, ~te. 4 Lansing, Mich. 40906

Provided legal services concentrating in areas of Real Estate, Estate Planing, Busines s Planning

Served ~s an elected official on the Delta Township Bo~rd o f Trus t ees, E~ton Count y , Mi ch i gan

FROM FAX 1,0. Ma~. 13 2009 03:35PM P2

1982 Represented a land contract vendor in foreclosure action annotated in the Fourth Edition of American Law Reports. 121 Mich. App. 47 (1982) ;37 ALR 4th

279(1985)

1986 Taught Florida Court Rules at Thomas M. Cooley Law School, Lansing, Michigan

1987 Moved to Boca Raton and became licensed to sell life insurance, annuities, mutual funds

1989 Moved to Highland Beach and served on both the Town's Board of Adjustment and Cha.rt er Revi.ew Commission

1994 Resumed a full time civil law practice with empha.si.s j_n estate and tax planning and real estate closings, including the writing of title insurance. The Estate Planning involves preparation of wills and trusts, related documents and tax returns

2004 Received Certification as a mediator by Che Florida Supreme Cour.t in County-Circuit and Family.

2006-Present We moved to Vero Beach in December of 2005 and I opened my local practice in January 2006. I currently serve as Vice-Chairman of the Nineteenth Judicial Circuit Grievance Committee "B".

I currently serve as a member of the Boa.rd of Directors of the Indian River County Taxpayers Association.

I practice law full time as a sole practitioner and I specialize in estate planning, family law and real estate.

3

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: May 28, 2009

SUBJECT: AP PROV AL OF WARRANTS AND WIRES MAY 22, 2009 THRU MAY 28, 2009

FROM: DIANE BERNARDO- FINANCE DIRECTOR

In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes.

Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of May 22, 2009 to May 28, 2009. Attachment:

DB:MS

4

CHECKS WRITTEN

CHECKNBR CKDATE VENDOR AMOUNT 233468 5/22/2009 TEAMSTERS LOCAL UNION #769 6,814.00 233469 5/27/2009 ILLINOIS STATE DISBURSEMENT UNIT 142.32 233470 5/27/2009 CHAPTER13TRUSTEE 80.43 233471 5/27/2009 VB FIREFIGHTERS ASSOC 5,880.00 233472 5/27/2009 IR FEDERAL CREDIT UNION 56,241.36 233473 5/27/2009 COLONIAL LIFE & ACCIDENT INS CO 348.99 233474 5/27/2009 UNITED WAY OF INDIAN RIVER COUNTY 2,059.49 233475 5/27/2009 TEAMSTERS LOCAL UNION #769 15.00 233476 5/27/2009 AMERICAN CANCER/HEART SOCIETY 6.00 233477 5/27/2009 SAN DIEGO COUNTY OFFICE OF THE 132.25 233478 5/27/2009 MISDU MICHIGAN STATE 478.85 233479 5/27/2009 PENNSYLVANIA SCDU 300.00 233480 5/27/2009 NEW JERSEY FAMILY SUPPORT CENTER 50.00 233481 5/27/2009 BOARD OF COUNTY COMMISSIONERS 233.00 233482 5/27/2009 INDIAN RIVER CO BOCC 6,609.17 233483 5/27/2009 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 233484 5/27/2009 NYS CHILD SUPPORT 195.27 233485 5/27/2009 OHIO CHILD SUPPORT 235.39 233486 5/27/2009 WORLDWIDE ASSET PURCHASING LLC 208.80 233487 5/27/2009 DIVERSIFIED COLLECTION SERV 244.06 233488 5/28/2009 EVERGLADES FARM EQUIPMENT CO INC• 148.20 233489 5/28/2009 PORT CONSOLIDATED INC 33,157.42 233490 5/28/2009 PARKS RENTAL & SALES INC 351.85 233491 5/28/2009 SPEEDWELL TARGETS 355.00 233492 5/28/2009 PRAXAIR DISTRIBUTION SOUTHEAST LLC 98.87 233493 5/28/2009 JORDAN MOWER INC 53.84 233494 5/28/2009 INDIAN RIVER AUTO PARTS LLC 1,742.24 233495 5/28/2009 INDIAN RIVER AUTO PARTS LLC 218.61 233496 5/28/2009 COMMUNICATIONS INTERNATIONAL 18,655.03 233497 5/28/2009 TEN-8 FIRE EQUIPMENT INC 16,848.71 233498 5/28/2009 FISHER SCIENTIFIC COMP ANY 94.86 233499 5/28/2009 KJMLEY HORN & ASSOCIATES 6,094.00 233500 5/28/2009 NORTH SOUTH SUPPLY INC 205.77 233501 5/28/2009 VELDE FORD INC 1,692.30 233502 5/28/2009 SAFETY PRODUCTS INC 305.93 233503 5/28/2009 LIGHT SOURCE BUSINESS SYSTEMS 80.00 233504 5/28/2009 DELTA SUPPLY CO 129.23 233505 5/28/2009 INDIAN RIVER OXYGEN INC 67.50 233506 5/28/2009 KELLY TRACTOR CO 121.14 233507 5/28/2009 COCA COLA ENTERPRISE 794.40 233508 5/28/2009 REPUBLIC SERVICES OF FL LP 46,114.02 233509 5/28/2009 DEMCOINC 349.82 233510 5/28/2009 AMERICAN CONCRETE INDUSTRIES 16,030.00 233511 5/28/2009 DAVIDSON TITLES INC 1,258.66 233512 5/28/2009 ALBERTSONS SOUTHCO #4357 88.71 233513 5/28/2009 AMERIGAS EAGLE PROPANE LP 1,843.03 233514 5/28/2009 MARSHALL CA VEND!SH CORP 539.14 233515 5/28/2009 MIKES GARAGE & WRECKER SERVICE INC 626.00 233516 5/28/2009 APPLE INDUSTRIAL SUPPLY CO 110.67 233517 5/28/2009 HACH CO 196.35 233518 5/28/2009 LABOR FINDERS INC 686.00 233519 5/28/2009 DATA SUPPLIES INC/DSI 767.54 233520 5/28/2009 HD SUPPLY WATERWORKS, LTD 4,101.06 233521 5/28/2009 BOUNDTREE MEDICAL 946.94 233522 5/28/2009 PETES CONCRETE 1,075.00 233523 5/28/2009 ECOTECH CONSULTANTS INC 11,929.95 233524 5/28/2009 EGPINC 600.00 233525 5/28/2009 VERO INDUSTRIAL SUPPLY INC 547.00

5 1

CHECKNBR CKDATE VENDOR AMOUNT 233526 5/28/2009 ELPEXINC 144.08 233527 5/28/2009 ·FIRESTONE COMPLETE AUTO CARE 1,701.23 233528 5/28/2009 COSNER MANUFACTURING CO 766,00 233529 5/28/2009 CHILDCARE RESOURCES OF IRC INC 780.00 233530 5/28/2009 HOMELAND IRRIGATION 17,28 233531 5/28/2009 WILSONS PETROLEUM EQUIPMENT INC 213.30 233532 5/28/2009 GENERAL PART INC 2,181.30 233533 5/28/2009 GOODYEAR AUTO SERVICE CENTER 93.00 233534 5/28/2009 LESCO INC 210.13 233535 5/28/2009 BAKER & TAYLOR ENTERTAINMENT 1,147.87 233536 5/28/2009 HARRIS SANITATION INC 74,332.16 233537 5/28/2009 NORTHERN SAFETY CO INC 146.88 233538 5/28/2009 ARAMARK UNIFORM SERVICES 840.10 233539 5/28/2009 LOWES CO INC 1,479.38 233540 5/28/2009 ODYSSEY MANUFACTURING CO 16,134.53 233541 5/28/2009 PRECISION CONTRACTING SERVICES INC 5,945.00 233542 5/28/2009 JOHNSON CONTROLS INC 1,120.00 233543 5/28/2009 SHARPE REFERENCE 140.20 233544 5/28/2009 PALM TRUCK CENTERS INC 1,060.02 233545 5/28/2009 KRUGER INC 15,090.24 233546 5/28/2009 SEBASTIAN OFFICE SUPPLY CO 363.96 233547 5/28/2009 HARBOR BRANCH ENVIRONMENTAL LAB INC 4,230.00 233548 5/28/2009 ALL FLORIDA GMAC REAL ESTATE 425.00 233549 5/28/2009 GREENE INVESTMENT PARTNERSHIP LTD 3,354.16 233550 5/28/2009 RONALD JACKSON 550.00 233551 5/28/2009 LINDSEY GARDENS APARTMENTS 2,308.00 233552 5/28/2009 PER-SE TECHNOLOGIES INC 21,311.50 233553 5/28/2009 PARKS AND SON INC 4,006.80 233554 5/28/2009 CLERK OF CIRCUIT COURT 2,757.25 233555 5/28/2009 CLERK OF CIRCUIT COURT 90,559.92 233556 5/28/2009 INDIAN RIVER COUNTY HEALTH DEPT 61,241.74 233557 5/28/2009 INDIAN RIVER COUNTY 242,812.13 233558 5/28/2009 MEDICAL EXAMINERS OFFICE 28,426.41 233559 5/28/2009 VICTIM ASSISTANCE PROGRAM 4,976.87 233560 5/28/2009 ROGER J NICOSIA 6,760.00 233561 5/28/2009 ROGER J NICOSIA 1,500.00 233562 5/28/2009 CITY OF VERO BEACH 16,805.49 233563 5/28/2009 CITY OF VERO BEACH 1,895.35 233564 5/28/2009 CITY OF VERO BEACH 10,962.50 233565 5/28/2009 RUBBER STAMP EXPRESS & MORE INC 29.07 233566 5/28/2009 CAMP DRESSER & MCKEE INC 42,354.50 233567 5/28/2009 UNITED PARCEL SERVICE INC 22.32 233568 5/28/2009 SOUTHEAST STAFFING INC 3,122.00 233569 5/28/2009 PETTY CASH 132.29 233570 5/28/2009 INDIAN RIVER COUNTY SHERIFF 3,047.11 233571 5/28/2009 UNITED STATES POSTAL SERVICE 585.00 233572 5/28/2009 JANITORIAL DEPOT OF AMERICA INC 311.78 233573 5/28/2009 WAL MART 395.50 233574 5/28/2009 WAL MART 33.60 233575 5/28/2009 MARRIOTT FT LAUDERDALE NORTH 318.00 233576 5/28/2009 INDIAN RIVER COUNTY UTILITIES 16,068.14 233577 5/28/2009 TOTAL TRUCK PARTS INC 618.40 233578 5/28/2009 INTERNATIONAL GOLF MAINTENANCE 94,338.25 233579 5/28/2009 AQUAGENIX 371.00 233580 5/28/2009 EXCHANGE CLUB CASTLE 4,973.53 233581 5/28/2009 GEOSYNTEC CONSULTANTS INC 11,545.77 233582 5/28/2009 OFFICE DEPOT BSD CUSTOMER SVC 1,468.63 233583 5/28/2009 HOLIDAY BUILDERS 44,003.14 233584 5/28/2009 ST JOHNS RIVER WATER MGMT DISTRICT 500.00 233585 5/28/2009 JOEL V HERMAN 48.95

6 2

CHECKNBR CKDATE VENDOR AMOUNT 233586 5/28/2009 KILPA 1RICK TURF EQUIPMENT INC 287.28 233587 5/28/2009 MANPOWER 473.55 233588 5/28/2009 SPRINT SPECTRUM LP 398.66 233589 5/28/2009 SCRIPPS TREASURE COAST PUBLISHING LLC 481.26 233590 5/28/2009 SCRIPPS TREASURE COAST PUBLISHING LLC 500.00 233591 5/28/2009 TIMOTHY ROSE CONTRACTING INC 348,187.04 233592 5/28/2009 JOHN KING 188.87 233593 5/28/2009 FLORIDA POWER AND LIGHT 119,973.24 233594 5/28/2009 INDIAN RIVER COUNTY TAX COLLECTOR 45.44 233595 5/28/2009 INDIAN RIVER COUNTY TAX COLLECTOR 300.00 233596 5/28/2009 APPLIED TECHNOLOGY & MANAGEMENT 8,397.90 233597 5/28/2009 DERRICO CONSTRUCTION CORP 138,509.52 233598 5/28/2009 WASTE MANAGEMENT INC 133,535.91 233599 5/28/2009 JASON E BROWN 240.00 233600 5/28/2009 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 525.00 233601 5/28/2009 KAREN RACKARD 22.48 233602 5/28/2009 INTERNATIONAL MUNICIPAL LAWYERS 500.00 233603 5/28/2009 JOHN F BAER JR 630.00 233604 5/28/2009 JOHN F BAER JR 3,155.00 233605 5/28/2009 VENETIAN APARTMENTS OF VERO BEACH 561.00 233606 5/28/2009 REGATTA CONSTRUCTION LLC 968.73 233607 5/28/2009 ART ZYSKOWSKI 18.00 233608 5/28/2009 BRIDGE DESIGN ASSOCIATES INC 9,733.17 233609 5/28/2009 PINNACLE GROVE LTD 455.00 233610 5/28/2009 DAVID J SPARKS 380.00 233611 5/28/2009 QUILL CORPORATION 104.49 233612 5/28/2009 MIDWEST MOTOR SUPPLY CO 172.50 233613 5/28/2009 ECONOLITE CONTROL PRODUCTS INC 56,050.00 233614 5/28/2009 MARONDA HOMES 21,447.98 233615 5/28/2009 KB HOME TREASURE COAST 51.59 233616 5/28/2009 MICHAEL J QUIGLEY 120.00 233617 5/28/2009 REBECCA L MITCHELL 167.63 233618 5/28/2009 COMMERFORD, PAUL R 98.76 233619 5/28/2009 RUSSELL PAYNE INC 180.50 233620 5/28/2009 DODGERTOWNELEMENTARYSCHOOL 50.00 233621 5/28/2009 FLAGLER CONSTRUCTION EQUIPMENT LLC 44.02 233622 5/28/2009 ANN RANKIN 373.60 233623 5/28/2009 JEAN PETERS 70.00 233624 5/28/2009 PAULA CANTLON 80.75 233625 5/28/2009 CONTROL SYSTEMS DESIGN INC 2,160.00 233626 5/28/2009 VAN WAL INC 24.00 233627 5/28/2009 SYNAGRO SOUTH LLC 87,260.36 233628 5/28/2009 RANDOM HOUSE INC 73.04 233629 5/28/2009 PARGAS 673.00 233630 5/28/2009 FRANK BLAKE 400.00 233631 5/28/2009 SOUTHERN JANITOR SUPPLY INC 946.11 233632 5/28/2009 JOHNSTONE SUPPLY 190.48 233633 5/28/2009 MBV ENGINEERING 1,850.92 233634 5/28/2009 SUSAN HARTMANN/AGENT 577.00 233635 5/28/2009 CAPITAL OFFICE PRODUCTS 1,078.00 233636 5/28/2009 MASTELLER & MOLER INC 5,762.80 233637 5/28/2009 WHISPERING PALMS MHC LLC 266.00 233638 5/28/2009 BEACHLAND CLEANING SERVICE 1,795.00 233639 5/28/2009 TIFOSI OPTICS INC 31.93 233640 5/28/2009 GLOVER OIL COMPANY INC 29,621.86 233641 5/28/2009 AMERICAN LIBRARY SALES 877.39 233642 5/28/2009 GUSTA VO SALAZAR 400.00 233643 5/28/2009 CW NIELSEN 316.00 233644 5/28/2009 FELLSMERE ELEMENTARY SCHOOL 25.00 233645 5/28/2009 HIGGINSON BOOK COMP ANY 453.60

7 3

CHECKNBR CK DATE VENDOR AMOUNT 233646 5/28/2009 LIBERTY MAGNET SCHOOL 25.00 233647 5/28/2009 COLLEGE POINT LLC 521.00 233648 5/28/2009 ARDAMAN &ASSOCIATES 1,749.50 233649 5/28/2009 VEROMA MANAGEMENT 30,094.00 233650 5/28/2009 HFB OF FLORIDA LLC 575.00 233651 5/28/2009 MILLERS HEALTH MART PHARMACY 23.00 233652 5/28/2009 KEY EQUIPMENT FINANCE 113.24 233653 5/28/2009 YELLOW BOOK USA 186.00 233654 5/28/2009 JOEL SALZARULO 400.00 233655 5/28/2009 MARY COLLIS 40.00 233656 5/28/2009 MUNICIPAL WATER WORKS INC 3,781.80 233657 5/28/2009 SENIOR RESOURCE ASSOCIATION 140,768.04 233658 5/28/2009 THOMPSON FABRICATING 1,617.00 233659 5/28/2009 GETAWAY MARKETING INC 335.00 233660 5/28/2009 MARTHA CLEARY 1,179.00 233661 5/28/2009 PENINSULAR ELECTRIC DISTRIBUTORS INC 1,126.92 233662 5/28/2009 GARY MONROE 450.00 233663 5/28/2009 CRADLES TO CRAYONS INC 133.24 233664 5/28/2009 DA YID S BRIGGS 100.00 233665 5/28/2009 SMITH, SALLY 100.00 233666 5/28/2009 CRAIG JEROME 105.00 233667 5/28/2009 RANDOLPH MEADE III 40.00 233668 5/28/2009 VIRGINIA PINES 531.00 233669 5/28/2009 RENAE CHANDLER 80.00 233670 5/28/2009 COUNTRYWIDE HOME LOANS INC 204.02 233671 5/28/2009 SANDPIPER APARTMENTS 293.00 233672 5/28/2009 DYER CHEVROLET 398.46 233673 5/28/2009 L&L DISTRIBUTORS 511.83 233674 5/28/2009 OMNI CONTROLS INC 2,940.00 233675 5/28/2009 PAULA WHIDDON 486.00 233676 5/28/2009 NI COLACE MARKETING INC 3,073.06 233677 5/28/2009 INTERSTATE ENGINEERING CORP 212,040.25 233678 5/28/2009 WILLIAM BOLTON 180.00 233679 5/28/2009 WINNELSON COMPANY 1,525.00 233680 5/28/2009 IRAIDA PELAEZ 650.00 233681 5/28/2009 BRADLEY SMITH 536.00 233682 5/28/2009 HOYT C MURPHY INC REAL ESTATE 1,200.00 233683 5/28/2009 SULZER CHEMTECH USA INC 4,440.00 233684 5/28/2009 NICHOLAS GIOVENNETTI 360.00 233685 5/28/2009 AMERICAN LEAK DETECTION 1,500.00 233686 5/28/2009 KERRY WILLIAMS 300.00 233687 5/28/2009 SETRIA DEON JOHNSON 72.67 233688 5/28/2009 JAMES LETO 4,096.00 233689 5/28/2009 TERESA PEREZ 500.00 233690 5/28/2009 JOSE LUIS SANDOVAL 75.00 233691 5/28/2009 DA YID M KIERNAN 44.02 233692 5/28/2009 AMY JAMES 50.00 233693 5/28/2009 VAIRMMOSBY 50.00 233694 5/28/2009 GINNA OCONNOR 150.00 233695 5/28/2009 GIRL SCOUTS OF CITRUS TROOP 2032 50.00 233696 5/28/2009 EVELYN HA YES 0.00 233697 5/28/2009 AMANDA GEORGE 25.00 233698 5/28/2009 PAULA FRAMPTON 50.00 233699 5/28/2009 SHULER MASSEY 400.00 233700 5/28/2009 CRGR PROPERITES 400.00 233701 5/28/2009 DESANTIS PETER 1,500.00

Grand Total: 2,507,110.70

8 4

CHECKNBR 733

Grand Total:

WIRES SENT

CK DATE VENDOR 5/26/2009 BEACHLAND CLEANING SERVICE

AMOUNT 45,404.53 45,404.53

1 9

~~ June 9, 2009

CONSENT AGENDA

TO:

FROM:

DATE:




------Commissioner Wesley S. Davis, District~

June 2, 2009

SUBJECT: THIRD UPDATED 2009 BCC COMMITTEE ASSIGNMENTS

Attached is third update to the Committee Assignments for Each Commissioner for 2009.

WSD:mlh

10

COMMITTEE ASSIGNMENTS FOR EACH COMMISSIONER REVISED AS OF June 2, 2009

WESLEY S. DAVIS - DISTRICT 1

1. Agriculture Advisory Committee 2. Historic Resources Advisory Committee 3. Indian River County Canvassing Board (BCC Chairman serves) 4. Indian River Emergency Outreach Board 5. Marine Resources Council 6. Metropolitan Planning Organization

7. School Planning Elected Officials Oversight Committee (BCC Chairman serves) 8. Sebastian Watershed Action Committee 9. Southern Region Recreation Advisory Council-SJRWMD 10. St. Johns River Alliance 11. St. Johns River Water Management District Liaison 12. Tourist Development Council (Chairman) 13. Workforce Development Consortium of the Treasure Coast (BCC Chairman serves) 14. MPO Treasure Coast Transportation Council (BCC Chair serves)

JOSEPH E. FLESCHER- DISTRICT 2

1. Audit Selection Committee 2. Enterprise Zone Development Agency 3. Metropolitan Planning Organization 4. Parks and Recreation Committee 5. Southern Region Recreation Advisory Council-SJRWMD - (Alternate) 6. State Housing Initiatives Partnership (SHIP) Loan Review Committee 7. Transit Strategic Plan Advisory Committee 8. Treasure Coast Regional Planning Council (Alternate for Comm. Solari) 9. Treasure Coast Sports Commission 10. Utilities Advisory Committee 11. Value Adjustment Board (Vice Chair) 12. Workforce Development Board 13. MPO Treasure Coast Transportation Council (Vice Chair serves as Alternate)

F:IBCC\Misty\COMMITTEE ASSIGNMENTS FOR EACH COMMISSIONER 2008-2009.docx

11

COMMITTEE ASSIGNMENTS FOR EACH COMMISSIONER REVISED AS OF JUNE 2, 2009

GARY C. WHEELER - DISTRICT 3

1. Community Development Block Grant Advisory Committee

2. County Public Safety Coordinating Committee 3. Emergency Services District Advisory Committee 4. Florida Association of Counties Public Safety Committee-Chairman 5. Florida Law Enforcement Accreditation Council 6. Indian River County Senior Resource Center 7. Indian River County Hospital District Planning Advisory Committee 8. Juvenile Justice Committee 9. Medical Examiner's Budget

10. Metropolitan Planning Organization (MPO) 11. Treasure Coast Regional Planning Council (Vice Chair) 12. Value Adjustment Board (Alternate)

PETER D. O'BRYAN - DISTRICT 4

1. Beach & Shore Preservation Advisory Committee

2. Children's Services Advisory Committee 3. Conservation Lands Advisory Committee 4. Economic Development Council 5. Economic Development Division (County Liaison) 6. Land Acquisition Advisory Committee 7. Marine Advisory Narrows Watershed Action Committee 8. Metropolitan Planning Organization (Chairman) 9. Treasure Coast Regional Planning Council (Alternate Commissioner Wheeler)

10. Value Adjustment Board (Chair) 11. MPO Treasure Coast Transportation Council (MPO Chair serves) 12. Treasure Coast Council of Local Governments

F:\BCC\Misty\COMMITTEE ASSIGNMENTS FOR EACH COMMISSIONER 2008-2009.docx

•

12

AGENDA PAGE 13

COMMITTEE ASSIGNMENTS FOR EACH COMMISSIONER REVISED AS OF JUNE 2, 2009

BOB SOLARI – DISTRICT 5

1. Board of Trustees of the Law Library 2. Cultural Council of Indian River County 3. Florida Atlantic University Treasure Coast Advisory Committee 4. Mental Health Collaborative 5. Metropolitan Planning Organization 6. Public Library Advisory Board 7. Transportation Disadvantaged Local Coordinating Board 8. Value Adjustment Board 9. Affordable Housing Advisory Committee 10. Treasure Coast Regional Planning Council 11. Indian River Lagoon Advisory Board 12. Treasure Coast Homeless Services Council 13. 211 Advisory Committee

Consent June 9, 2009

Office of INDIAN RIVER COUNTY

ATTORNEY

William G. Collins II, County Attorney William K DeBraal, Deputy Couuty Attorney Marian E. Fell, Senior Assistant County Attorney George A. Glenn, Assistant County Attorney

MEMORANDUM

TO: Board of County Commissioners

THROUGH: ~lliam G. Collins, County Attorney

FROM: ~~m K. DeBraal, Deputy County Attorney

DATE: May 29, 2009

SUBJECT: Abandonment of Access Easement along C.R. 512

Romar Subdivision is located on the north side of County Road 512 just west of the County Road 510 intersection. This commercial subdivision was platted in 1979 and consisted of four lots. When the plat was recorded, the County received a 30' by 60' access easement to Lots 2 and 3. The access easement is located where the two lots abut County Road 512. Afterwards, Lots 2, 3 and 4 were annexed into the City of Sebastian.

The location is the site of the new Burger King which is being constructed to the west of the new Sunoco gas station. In March 2008, the property owner applied to the City of Sebastian to increase the size of Lot 2 to accommodate the new Burger King. When the original plat was recorded, the ingress easement granted to the County was intended to provide for shared access to Lots 2 and 3 to reduce the number of driveways needed for the ingress and egress to the properties. Since the boundary lines have been redrawn the shared access is no longer needed and the purpose of the County's easement has been eliminated.

The owners of the Burger King parcel have asked the County to abandon its access easement. Both Engineering and Community Development staff have reviewed the request and find no reason to retain the access easement.

Staff Recommendation: Staff recommends the Board release this easement and authorize the Chairman to execute the attached Release of Easement.

c: Todd Howder, MVB

\PPROVED FOR 1,p_q_ O(J . B.C.C MEE~~ ~H ~GENDA

COUNTY ATTORNr:7 ..

Pv \, I , c wvvl' @, /-i/ D 1 UM..-tt1,i,tl-y i)41t-f,·p..,~f u/:,,/1?

~-1- t/a/01 14

This instrument was prepared under the supervision of the County Attorney's Office

RELEASE OF EASEMENT

This Release of Easement is executed by the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("County"), whose address is 1801 2?1h Street, Vero Beach, Florida 32960,. to the City of Sebastian, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, Florida 32958, its successors in interest, heirs and assigns ("Owner").

WHEREAS, the County has an existing platted Access Easement across Lots 2 and 3 of ROMAR SUBDIVISION, recorded in Plat Book 10, Page 31, of the Public Records of Indian River County, Florida ("Access Easement"); and

WHEREAS, County staff has determined that the release of the Access Easement would not adversely affect the County;

NOW, THEREFORE, the County does hereby release and abandon all right, title, and interest that it may have to the area described on Exhibit "A" attached hereto and made a part hereof that was the platted Access Easement.

IN WITNESS WHEREOF, the County has caused these presents to be executed in its name this __ day of--------~ 2009.

Attest: J. K. Barton, Clerk

By __________ _

Deputy Clerk

Approved for form and n ll. Jult:JJ<. JQJ)J William K. DeBraal Deputy County Attorney

INDIAN RIVER COUNTY By its Board of County Commissioners

By ___________ _

Wesley S. Davis, Chairman

15

0,3/25/2009 14; 55 7723888248 CITY OF SEBASTIAN

Sketch and o.escription - Plottted Access Easement, Lots 2 & 3, Romar S/D

C.R. 512 (FELLSMERE ROAO) (F?/W VARIES)

DESCRIPTION

Thot cortoln Access Easement shown sh own a~ being th~ South ,30 feet of the West JO feet of Lot 2, and the South 00 feet of the East 30 faet of Lot 3, ROMAR SUBDIVISON, according to ·the Plot th~roof, os recorded in Plot Sook 10, Page 31, of the Public Records of lndicn River County, Florida.

GRAPHIC SCALE 0 10 2D -t:O

Legend: R/W ... R!~ITT or Wt.'( OJUl.•OtrlCU.I. RECORD:! aoox

~11~\l'I

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Notes, 1, Th\~ ia- not o !iurvny. .2. R11pn:idt.1t!-tlon~ ~f ti'lia- ~okh

ore not valid unla-a, it bl!!Ct.,

I

lhi:i 11lgnoture and ori9irio1 tojt;11Q' .'lllQ/ Qf O Florido liC!!!li:!l'Cd

________ ____ --51~F,1,;iyor-&-Ma~r.--~-----·---- ----- · - -

William 8. Zentz &; Associates, Inc. f'rofeas/onsl Surveylnr; &Mspplr,g

\A7 Y"L

cornne.1,n; OF A\!Tl40AIZATION (LB) Nt:., Sfl-!O 084 Old Dixie Highwoy Vero BJ:!och, Fl J.2$'iS2 ~hone, (772) 567-7552 r'ox : (772) 5$7-1751

SU1tv1mms SIGNA'l'tiRll ,~ SEAL

~ J 1. .5 -c:</0-f

EXH

JDfl No.

15:/-025

PAGE 02/03

---- ---------

16

03/25/2009 14:56 7723888248 CIT/ OF SEBASTIAN PAGE 03/03

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17

MEMORANDUM

TO: Board of County Commissioners

Office of Consent Agenda 619/2009

INDIAN RIVER COUNTY ATTORNEY

FROM: ~an E. Fell, Senior Assistant County Attorney

DATE: May 29, 2009

RE: Amendment to Tower and Ground Space Lease Verizon Wireless - Gifford Water Tower

On August 5, 1997, Indian River County entered into a Tower and Ground Space Lease ("Tower Lease") with PrimeCo Personal Communications, L.P., now known as Verizon Wireless Personal Communications d/b/a Verizon Wireless. The attached Amendment expands the leased premises by an additional 28 square feet to allow for the installation of a propane tank and associated items. The current rent is $14,409.31. As set forth in the Amendment, the annual rent will increase by $1,200 on August 1, 2009. Effective August 5, 2009, the aggregated rent will be upwardly adjusted by the 4% adjustment factor contained in the Tower Lease.

Recommended Action:

Approve the Amendment to Tower Lease with Verizon Wireless Personal Communications LP d/b/a Verizon Wireless in the form presented and authorize the Chairman to execute same.

Approved for BCC Meeting Consent Agenda - Jun77 9, 2009

By Gv~( ~µ,J/ County Attorney

18

Lessee Site I.D.: Gifford Water Tower, No. 62716

AMENDMENT TO TOWER AND GROUND SPACE LEASE

This Amendment to Tower and Ground Space Lease (the "Amendment") is made and entered into this ___ day of _____ ~ 2009 by and between the Indian River County Board of County Commissioners ("Lessor") and Verizon Wireless Personal Communications LP d/b/a Verizon Wireless ("Lessee").

RECITALS:

WHEREAS, Lessor and PrimeCo Personal Communications, L.P. (now known as Lessee), executed a Tower and Ground Space Lease, with a commencement date of August 5, 1997 (the "Agreement"), whereby Lessor leased to Lessee space on Lessor's tower and floor space (collectively, the "Premises") on Lessor's property located at 28th Court, Vero Beach, Indian River County, Florida; and

WHEREAS, the parties hereto desire and intend to amend certain terms of the Agreement as provided herein;

NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

I. Capitalized terms not defined in this Amendment shall have the same meaning as such terms have in the Agreement.

2. The Agreement is hereby amended as follows:

A. Paragraph 2 of the Agreement is an1ended to provide that the floor space for installation of the communication equipment described in the Agreement is hereby expanded to include an additional 4'x 7' (28 square feet) area (the "Additional Lease Area") for Lessee's installation of a 500 gallon maximum propane tank, as shown on Exhibit A-I attached to this Amendment and incorporated herein by reference. Lessor agrees that Lessee shall be pennitted to install· a propane tank on the Additional Lease Area, together with all applicable utility wires, poles, cables, conduits and pipes running from the Additional Lease Area to the Premises. Said tank will remain on the Additional Lease Area and become a part of Lessee's communication equipment. Exhibit A of the Agreement is hereby replaced by Exhibit A-I attached hereto.

B. Under Paragraph 3 of the Agreement, the Agreement is currently in the second (2nd) 5°

year extension period, which period is set to expire on August 4, 2012. There are two (2) additional, successive 5-year extension periods remaining under Paragraph 3 of the Agreement. Lessor hereby grants to Lessee two (2) ·additional, successive 5-year extension periods on the same terms as set forth in Paragraph 3 of the Agreement, so that as of the effective date of this Amendment, Lessee shall have four ( 4) additional, successive 5-year extension periods remaining under the Agreement after the current 5-year extension period.

C. Commencing on August I, 2009, the annual rent shall increase by One Thousand Two Hu.ndred and No/100 Dollars ($1,200.00) to reflect rental payment for the Additional Lease Area and shall increase at the same rate as annual rent increases pursuant to the Agreement.

l

19

D. Paragraph 19 of the Agreement is amended to provide that the Lessee's address for notices under the Agreement is as follows:

Lessee: Verizon Wireless Personal Communications LP d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate

3. The parties hereby reaffirm their rights and obligations under the Agreement as modified by this Amendment. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the date first above written.

LESSOR:

INDIAN RIVER COUNTY Board of County Commissioners

By: __________ _


A TIEST: J. K. Barton, Clerk

By:-----------

Deputy Clerk

Date Approved by BCC: ____ _

Approved as to form and legal sufficiency:

B~ I

LESSEE:

Communications LP

By: _ _,,_~--------

Name: Hans F. Leutenegger

Title: Area Vice President Nelwork

Date: -~·-..5+=jzo=-+-~M __

Marian E. Fell, Senior Assistant County Attorney

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oE OJ/ice if Consent Agenda


MEMORANDUM

To: Board of County Commissioners

From: ~ R. Keller, CLA, Legal Assistant

Through: ~an E. Fell, Senior Assistant County Attorney

Date: May 27, 2009

Re: Property Acquisition - Tax Roll Removal & Tax Cancellation Properties Acquired by Indian River County between March 17, 2009 and May 27, 2009

Pursuant to Section 196.28, Florida Statutes, the Board of County Commissioners may cancel and discharge any liens for taxes owed on properties it acquires as long as the properties were acquired for public purpose. Such cancellation is accomplished by resolution of the Board of County Commissioners.

Requested Action:

Authorize the Chairman to sign the attached resolutions canceling any remaining outstanding taxes on the parcels that were acquired by the County and the Clerk to send a Certified Copy of same to the Tax Collector so that any current taxes may be canceled.

Attachments: 1 O Resolutions with Deeds/Exhibits

Approved for Consent Agenda BCC Meeting - June 9, 2009

( " ':!::L ;;,_ IJ 0, ' , /1 By '-V CJii'.,(f l,vv /

County Attorney

22

Re: 661" Avenue (Cherry Lane Cattle LLC)

Parts of Tax Parcel IDs #32393100001007000005.0, #32393100001007000005.1, #32393100001007000004.0 and #32393100001007000004.1

RESOLUTION NO. 2009-__ _

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CANCELING 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 al/ 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 lahds 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, Florida Statutes;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:

•

•

Pursuant to the authority of Section 196.28, Florida Statutes, any and all liens for taxes, delinquent or current held or owned by Indian River County, against the property described in the Warranty Deed recorded in OR Book 2327, Page 1368 (the "Deed''), attached hereto and incorporated herein by this reference, are hereby canceled.

The property set forth on the Deed was recently acquired by Indian River County to obtain the ultimate right-of-way for 66th Avenue. ·

• The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector.

The resolution was moved for adoption by Commissioner--------~ and the motion was seconded by Commissioner --------~ and, upon being put to a vote, the vote was as follows:

Chairman Wesley S. Davis Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Gary C. Wheeler Commissioner Bob Solari

The Chairman thereupon declared the resolution duly passed and adopted this_· _ day of June, 2009.


By: __________ _

Deputy Clerk

Approved as suffic· ncy:

B /

to form and legal

-arian E. Fell

Senior Assistant County Attorney


By ____________ _


NOT AX CERTIFICATES OUTSTANDING

23

1981670 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2327 PG: 1368, 03/.17/2009 10:37 AM DOC STAMPS D $334.60

78"i5D f10 &,e-0. ' R/IN -661h Avenue #1-53, 154, 155 and 170

Parts of Tax Parcel IDs #32393100001007000005.0, #32393100001007000005. I. #32393100001007000004.0 and #32393100001007000004.1 · Instrument pre pated by 'and should be rewrncd to the County Allo.tncy's 0.iicc.

STATUTORY WARRANTY DEED

THIS INDENTURE, made this 2J__ day of F.:trw~ , 2009, between CHERRY LANE CATTLE, LLC, whose address is 1765 Commerce Av~. Vero Beach, FL 32960, GRANTOR, and IND/AN RIVER COUNTY, a pollt/ca/ subdivision of the State of Florlda, 1801 27th Street, Vero Beach, FL 32960, GRANTEE,

WITNESSETH THAT: GRANTOR, for and in consideration of the sum of Forty-Seven Thousand Seven Hundred Thirty-Three and 54/100 Dollars for the Land and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is

. hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S successors and assigns forever, the following described land, situate, lying, and being In Indian River County, Florida:

SEE EXHIBITS "A" ATTACHED HERETO AND MADE A PART HEREOF

AND GRANTOR does hereby fully warrant the title to the land set forth on .Exhibit "A," and will defend the same against the lawful claims of all persons whomsoever.

Signed in the presence of:

sign: (µ·,,, :i.,, Jf. ~o 1 ~ Witness

:;:·'l:i{it ~'"" 1tness

printed name:130.f"F'( ~ WrNe

STATE OF FLORIDA COUNTY OF IND/AN RIVER

CHERRY LANE CATTLE, LLC a Florida limited liability company

By~Member

The foregoing instrument was acknowledged before me this 22._ day of ?,tf!~r.«,fr,v1,(· 2009, by Russell Payna, Ma~_!\Wlll/:~er of CHERRY LANE CATTLE, LLC, a Florida limifed liability company. He is::e:ersonal/y knsi::1iiho me or produced __________ _ as identification. -··--··----·-

Notary Public: Aflix stamped seal with printed name, commission II & expiration date:

sign (d'e9, = -

24

BK: 2327 PG: 1369

SKETCH TO ACCOMPANY DESCRIPTION. EXHIBIT A THIS IS NOT A SURVEY!

LOCATION MAP: NOT TO SCALE .

'O' I ! 41tlh 2, "I : 25

. S.Giffot Rd. 0 1

30 g,. '-·-~

29 ,:, .J 28 ... -L .. -/ .. I "' -~~ m\:~[;;8; B~rbe,,..,: Ave. :t

~ ' =--P - r'~'t:i,, g I Charry I CHERRY LANE CAffiE, LLC

ps 'li ===,=. J3r "' !St. lone-C J6 ' 31 .e J'2 (n Cl,

°'· ---- ·· ~ol_ker t115fl5 Ave. 8 /8~

J,1£;.~ 'VERO

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' 6 ' .. ::,·::: .. ' ....

·.

LEGAL DESCRIPTION: PARCEL 153 A PARCEL OF LAND BEING THE NORTH 50.00 F~ET OF THE SOUTH 80.00 FEET OF THAT PARCEL OF LANO DESCRIBED IN OFFICIAL RECORDS BOOK 2200, PAGE 159 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING WITHIN TRACT 7, INDIAN RIVER FARMS COMPANY PLAT Of LANDS, ACCORDING TO THE PLAT THEREOF, Af, RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 31, TOWNSHIP 32 SOUlrl, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.

CONTAINING J,000 SQUARE FEET, MORE OR LESS.

BEARING BASED ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 31, TOWNSHIP 39 SOUTH, RAN.GE 32 EAST WHICH BEARS NORTH 89'39'03" WEST WITH ALL BEARINGS SHOWN HEREON BEING Ri::LATIVE THERETO.

CERTIFICATIO~: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH Of DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA AO~INISTRATl'IE CODE, iS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO 1HE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION ANO SKETCH IS FOR INFORMATIONAL PURPOSES ONLY ANO IS NOT VALID.

NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION Of THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE

PERRY C. WHITE SUBJECT PROP(RTY, OR ~ONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN PROFESSIONAL LAND SURVEYOR ANO MAPPER ·· ·· 1~~il:i%~~~ii~s.HWiG~~~:w~tNio ·· ..

·•· LIGEJ-IS£ .. NOr42!il, -STATE·Or FL0RIOk· · ··- · •····

DATE: 9/4/07 !,;$Ef;ll;tffS Of fiECctliD . ~

aARiCAOIS . '~-= _, I "'"'""" '"''""' 5

1-:-:: ao· ~Cl{1llli/

l flcy/_ PtW ,cyr

g S&£r TIil£ ~!E: DRAWN" Bl'

I oi702;01 .l(J ~

ADDITIONAL R/W p.,.,,,;.(cr•NVUBER ~·#IJl,(8EII Aa01(E>:ls u.s., 1N·e. !'l ~ ,Ofi·\Jiili.p,;fu . lt1}(6(11) _OOHIXO- Fsx: (561} &97•n51 WP00!05J 1053$0153 @ WoitParn9~a¢. i-1.,4~_3u1.1- ffl,~d5'tJ8.corn- SHEE:f 1 or 2

25

BK: 2327 PG: 1370

SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY!

LeoemPi lie- 8-'$!,UNE !RFC ~ 'INmli\N .RIVER Fl'iRMS COMPANY L-LEfT. .. .

O.R;B, - OPFfCIAI.. RECORDS BOOK P.8. - PLAT BOOK PG. - PAGE R - RIGHT R/W - RfGHT-.OF-WAY STA. - STATI.ON S.l.C,R. - ST. LUCIE COUNTY RECORDS I

I ------------------:---11, I TRACT 7 __...J--- P.B. 2, PG. 25, I ~ I ~L~ I

I I : A P0R'fl0N OF TRACT 7 I

P,B. 2, PG. 25, S.L.C.R. I I ADDRESS: 6liffO '33RD SJREEI I

TRACT 8 P.B. 2, PG.25,

S.L.C.R.

I VtRO BEACH FL . 3lW'66---l I-I PIO-J259510Do'Ot00700'0005.0 I I I 0.R,8. 2200, PG. f 59 I /

WEST LINE OF_,,.----/. EAST LINE OF TRACT 7--H EAST 10 ACRES OF I I ;,,

TRACT7 I / ';;2-

: r 'BE

I I I

S89' J9'03"E 60.00'

STA: .392+7i.4-1 OFFSET: 50.00 L

S00'25'18"W I I I

---1-----

STA: 392+ 11.4 I OFFSET: 50.00 L /gi

. I ~I / 1 50.00'

·'!--''-"-~-EXISTING 50' ~ '155' 11 Q.4 Nd0'2J'1fE

~ ~ 50.00 JS-1.+00

0,R.B. 1727 /1393

389+00 I 390+00 STA: 392+11.37 392+00 o L OFFSET: 0,01, R · .. "'

. 3&R'c>S7!/i/E~·CH&/i/RYIAN~ i STA:· 3.92t71.37 __ __ ___,_ OFFSET: .0,00 R

---rj . .. SOUTH-LINE OF TRACT 7 N8ffJ.9I03"iv SOUTH LINE OF THE NORTHEAST 6fil,Q(}'

60' SUB-clATERAl "A-4" CANAL ONE-QUilRTER OF SECTION 31-39-32 \NDJAN RIVER FARMS CO. PlAT OF LANDS . . . ,

·p;s:"2;· Pc~·zs~ s:cc:R: ···=~~··e,:NE CATTLE, uc

26

BK: 2327 PG: 1371


LOCATION MAP: NOT TO SCALE

-o' / 25 ! 41 tfu · . S.Giffor Rd. 26 gf

....L' ,0·1·2,,:_ ~ 20 ~ --~ ~-- ··- §! ~ / Borber.i: Ave. :c r ~

QWl:JER; ' ,=,-fit~;), iJ 1 • Cherry CHERRY LANE CATTLE, LLC

llS u '==• . J3r " /St. Lone J C

36 ' J1 ~- 32. 0-, ~ ~ ill 0, ,..._____ Walker auos Ave. ;§ °' "' ·,:1; ld& • VERO MALL5

< ~60,

' ' ' ... ·:.-:.~• ~:-:: -·· '

LEGAL DESCRIPTION: PARCEL 15.4

A PARCEL OF LAND BEING THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK. 2200, PAGE 159 OF THE PUBLIC RECORDS OF IND/AN RIVER COUNTY, FLORIDA, LYING WITHIN TRACT 7, IND/AN RIVER FARMS COMPANY PLAT Of LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 800K 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLOR/Di\, ALL SAID LANDS LYING WITHIN SECTION 31, TOWNSHIP 32 SOUTH, RANGE 39 EAST; IND/AN RIVER COUNTY, FLORIDA.

CONTAINING 0.310 ACRES, MORE OR LESS.

SEARING BAS.ED ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 31, TOWNSHIP 39 SOUTH, RANGE 32 EAST WHICH BEARS NORTH 89"39'03" WEST WITH ALL BEARINGS SHOWN HEREON BEING RELATIVE THERETO.

CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION ANO ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE Wl!H THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLO,RIOA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS .!< MAPPEffS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, ANO IS TRUE ANO CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL. PURPOSES ONLY AND IS NOT VALID.

NOTE: THIS IS NOT A SKETCH OF su~. BUT ONLY A GRAPHIC OEP/Cr/ON OF THE DESCRIPTION SHOWN HEREON.

~:~c~~~~o o~EllbNii\<irs11rtfN °foil:i~cnoN PERRY C. WHITE

PROFl;:SSIONAL lAND SURVEYOR AND MAPPER WiTf! THE PREPARATION, OF THE ilifORMATION SHOWN ..••. filllEON...JiOTEU.Al,/OS .. S~OWILHEREON ... Wl:RE •. No:r •.• . · LICENSE -N0i .. 421·3,·S1WFE· 0F· f'tORIOA ·

ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY ANO DATE: 9/4/07 EASEMENTS OF RECORD,

~

aAA'CADIS PROR:CI WNJ.GER I 0£PAA1'M£HT WJWiER SC#J.E: Q-!ECKEO 8'I'

g PCW "PCW ·I' " 80' p(j/1

~ SllEIT TITLE o,.n, "'"' 8Y i 0</02/01 BE.I

ARCA:DIS U.S., INC. ; ADDITIONAL R/W PROJ£.Cf NUil:BER OAA~ttG N'JldB(fl

fl 2081 Vista PaltWay Td:(561)6'117,7000 FBK(5S1)6Q7•m1 0r 2

WP00105J 1053SO154 @ W0$1Pa!m Bolld\ Rodda J:W11 www.aroe1Hs--us.oom Sfw I

27

BK: 2327 PG: 1372

SKETCH TO ACCOMPANY DESCRIPTION. THI$ IS NOT A SURVEY!

1.EGEl'.IW: Ii, - $~t!,/~t .. . .. mFc - INDl;\14 Rl'lllll FA'BMS C.0MPA'NY L - LEFT

b <X)

~.Ji.a. c.. 0FAerAL ·RoCORDS BOOK ~ L..---1 ---;--------, P.8. - Pl.AT BOOK ~ I PG. - PAGE 6 R - RI/Jttr "' I R/W - RIGHT-OF-WAY I STA. - STATION / S.LC.R. ·- ST. WCIE COU~TY RECORDS / __J

I ~-/ I TRACT 7 ~ I I

___..J---- P.B. 2, PG. 25, I / ----- I S.L.C.R. I I

I I I

: A PORTION OF TRACT 7 i / P.ij. 2, PG. 25, S.L.C.R. I I

I ADDRESS: 68to 33RD STREET I V&RO BEliOH, FL, 3W66 I I I PID-3;25$iltOQQ.°'1G0'/000005.1 I I

...J O.R.a. £MO, PG. 1"59 I I wrnr LINE Of.,,.....,-- I 1, _...1,

EAST 10 ACRES OF I ! __,/ TRACT 7 : EAST UNE OF TRACT 7~ · :

TRACT 8 P.B. 2, PG.25,

S.L.C,R,

~ I I o:: I STA: J92+1 J.4; I ,,i I OFFSET: 50.00 L STA: JB9+41.65

OFFSET: 50.00 L

N00.'23'1·8"E . 5Ch00'

389+00

------STA: 389+4 l.61 OFF'eCT: O.QO R

I z I I ~i I I fl! !1f I sas•3g'e3•e: 2ss.as· . . .. • . ' .. . .

JRf .

I L

390+00 N89'3!J'iGZ"W 21)9. 76'

N00'23' 1:B"E 5(J;00'

33R6STR/:ET(CHl=/!/RY LANE) - 0 STA: 392+!1 . .TI "' OFFSET: 0.00 R

--60' S=ERAL "A-4" .CA:J

INDIAN RIVER FARi.s co. PLAT or LANDS P.B. 2, PG. 25, S.L.C,R.

SOUTH LINE OF TRACT 7 SOUTH LINE OF THE NORTHEAST

ONE-QUARTER Of SECTION 31-39-32

-~--CHERRY 1.ANE CATTLE, llC

ffi SC&!: I~ ••80'

lV.lE: 0t/02/07

WP-001053

PO/I 81'

er, DRAMi/G HU1'6DI

1:bBiS0154

28

BK: 2327 PG: 1373



' I I 06 "8/ . , Z5 , 41 th . S.Glffor Rd, ~~ ._j_~ J()~1•zg:,:_.~2A

-- ' ~.' .. ,5:.~11 ~h•~,~ < r,~ ~ "' ij b= , JJ~ . t. Lone 33

C · 36 · • 31 · ' ' 1:, ;$· ''"'' "• 1---- -- - W lk ~ c.' Ul ~ .. ~ _':, . . • . . q ,-J~F ._ · ::: Ave, :..-; rn

~ CHERRY u\NE CATTLE, UC

'f,~ Bl.iJJ '"m.6&, ' ... d•:•: .-:-;-: --~

LEGAL DESCRIPTION: PARCEL 155 A P.ARCEL OF LAND BEING THE NOR1li 50.00 FEET OF 11-IE SOUTH 60,00 FEET OF 11-IAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2200, PAGE 157 OF THE PUBLIC RECORDS Of INDIAN RWER COUNT(, FLORIDA. LYING WITHIN TRACT 7, INDIAN RIVER FARMS COMPANY PLAT OF u\NDS, ACC.ORDING TO THE PLAT 11-IEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE .COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 31, TOWNSHIP 32 SOUTH, RANGE J9 EAST, INDIAN RIVER COUNTY, FLORIDA.

CONTAINING 0,309 ACRES, MORE OR LESS.

BEARING BASED ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 31. TOWNSHIP 39 SOUTH, RANGE 32 EAST WHICH BEARS NORTH 89"39'03" WEST WITH ALL BEARINGS SHOWN HEREON BEING RELATIVE THEREfO.

CRRI!fJCA'ilON: . . I fiERE!l'l' CERTIFY THAT THE O.ESCRIPTI.ON ANO ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SU8Vf"i'JNG STANDARDS, CHAPTER 61G17-6, FLORIDA /oJlMINISTRA'IM CODE, AS SET FORlH BY IBE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTIOI-I 472.027, FLORIDA STATIJTES, ANO IS TRUE ANO CORREcr TO THE BEST OF MY KNOWLEDGE AND BELiEF. UNLESS IT BEAAS THE SIGNAiURE AND iHE ORIGINAL Rf,jsEQ SEAL Of A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY ANO IS NOT VALID.

PERRY C, WHITE PROFESSIONAL l),NO SURVEYOR AND MAPPER LICENSE NO. 4213, STA"IE OF FLORIDA

..... __ D!,'/r.:._ -~l-4/.07 . _ . ... . ..... .

NOTE: 1111S IS NOT A Sl<ETCH OF SURVEY, BUT ONLY A GR>PHIC DEPICTION Of THE DESCRIPTION SHOWN HEREON, iHERE HAS BEEN NO FlaD WORK, VIEWING OF lliE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREl'ARAl!ON OF Tilt INFORMATION SHOWN HEREON. NOTE: I.ANOS SHOWN HEREON WERE NOT i\BSTRACTEO FOR RESTRICTIONS, RIGHTS-OF-WAY ANO

• ·· ·fA$.!Etlls-OF· RECORD:· ·-· . • .. - . - . 5W: r. &1' O&Tt:. O</Pl/97 I SH!ll mtE

!) ADDITIONAL R/W Tot(~l)~•lOXI fM:(~81lM7-7761 www_;~.o:ihl. SHED' I OF 2

· o~mtr W\16ER

WP001053 1053SO155

29

BK: 2327 PG: 1374

SKCTCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY!

wtGENiii: I!, - 8!$~blNE , IRFC - INIDIAN Rl\'ER PARMS COMPANY 'g L-U'fT tu O;R-,8, - OPl'IGIAL REC0R0S BOOK - 'I ';.. P,8, - PIAT BOOK '-------,-I -------PG.~ PAGE ~ j

1

R - R/Gffi' 15 I R/W - EIGHT-OF-WAY "' I I STA. - SfA1'10N I / 5'LC.R, - . ST, LUCIE C?UNTY RECO~DS : I

I I I I I I I ~ I ,______ I

I I TRACT 7 ---------7 I ------t! __ ~1-P,B. 2, PG. 25.----- I I

_ I j S.L.C.R. · I I - 1 I I I

I I I I I I ..-1

: I A PGRTI0N "Of TRACT 7 I EAST LINE_,....-- i I

I P,8, ?.,. PG, 2,5, s.t.cJ;, I OF TRACT 7 I I AODRESS: JiiRD STREET I 1

I I VERO: -~$H, l'l:, :i~966 I I I I [email protected]'Cl07000004. I I I I I O.R.8. 2200, PG, 157 I I

: I ~ /-+-329.86'---J

I I i I I

STA: 386+ 72.05 I : o I : OFFSET: 50.00 L I ·.,8

0, ~ II STA: J89+41.65 I

I "" OFFSET: 50,00 l

__ - __ -{ _ I S89"39'03"E 269,65' . j I :

N00'2~'1tE , @ [_.....----;:.S00'23't.8W -50;00 I - JS?+OO j _ 3/!M~ - _ _ QB) 50.00' !

JBS+OO JBG+OL ' N89"39103"W 2t9.65' I 389+00 I J90+00 g ·; -STA- 3B6+7201 ------------------ ..J I OFFSET: o.oo· R 83RD STRl:ET{CHERRY LANE) ~ \ g

60' SUB-::- "A-4" CANAl.r SOUTH LINE OF TRA;-;.:) STA: J89+41.61 IND/AN RIVER f"AllMS Ci!>. PLAT OF LANDS SOUTH LIN~ Of THE "NORTHEAST OFFSET' 0.00 R

P,B. 2; PG. 25; S.l.C.R. ONE-QUARTER OF SECTION 31-39-32

... --·~--• .... "·· ...• . ... ~

1ll53SD155

30

BK: 2327 PG: 1375



2s g/ / 25 / 41 th .. S.Glffon Rd, ....._ __ '!f ...L J "° -~ I ... :,:, ~ .••.

~~l~:~•rt/- ::•~,! <~ ~ bs 'li' = !33rd\ · St, Lona 33§

C 36 ' J1 r ~ 32 -~ ,S !\.,,,,,. 0• ~---·-·1w 1•- = c: IXl:l:ll:,."'-< er .•. a ""e'. Ave. !""'! !O

EXHIBIT A

QIW~R: CHE/lRY l.ANE CATTle:, LLC

·i, "iaJ ' ~~. • l==!==::(.._60/):=l;Jp;:~!S::!:!;::, == ... = ..... :;:;,:<!:;;,:,;;::,: =_=_;I

l£GAL DESCRIPTION: PARCEL 170 A PARCEL OF LAND BEING THE NORTH 50,00 FEET OF THE SO\ffil 80.00 FEET OF 'fliAT CERT.AJN PAACEI. OF LAND DESCRIBED AS PARCEL "A" RECORDED IN OFFICIAL RECORDS BOOK 2200, PAGE 157 6F 1HE PUBLIC

· ~~c~Ql 0fcb~i~cf~c5R J~ur~ ~~g}, ~N~EJgfm~ ll:f'C/u,} ci~g~,R~EF:;~iuiE~P':id'r¼'{ SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 31, TOWNSHIP J2 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.

CONTAINING 3,008 SQUARE FEET, MORE OR LESS.

SEARING BASED ON '!HE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 31, TOWNSHIP 39 SOUTH, RANGE 32 EAST WHICH BEARS NORlli 89"39'03" WEST WITH ALL BEARINGS SHOWN HEREON BEING RELAl'M: THl!RETO.

CERTI~1CA110N: I HEREBY CPiTIFY THAT THE OESCRIPTION ANO ATTACHED SJIETCH Of DESCRIPTION WERE PREl'AAED IN ACCORDANCE WITT! 11-IE SURVEYING STANOAROS, CIW'TER 61G17-G, flORIDA ADMINISJRATIVE CODE, >S SET FORTH BY l}fE FLORIDA 80,IRD Of PROFESSIOt-W. SURVEYORS & MN'PERS, PUR$U.\M' TO S!;CTION 472.027, FLORIDA STATIJTES, mo IS mue AND CORRECT TO THE BEST OF MY KNOWLEDGE ANO BEUEI'. UNLESS rr BEAAS l}fE SIGW.TURE N-lD THE ORIGlt-W. AAISED SEAL OF A FLORIDA LICENSED Sl/lM:YOR AND MAPPER, THIS LEGAL Dl:SCRIPTION AND SKEl'CH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT, VALID,

;;} .£4 NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A · ,V OIW'HIC DEPICllON OF TIJE DESCRIPllON SHOWN HEREON.

1/ / <-../'' TH.RE~ B~N _NO f]ElD WO~, "1E.)VING OF THE ! SUS.ECT PROPER!Y, OR .MONUMENTS SET IN CONN,ECllON

PERRY • WHIT W1Jr.1 THE PREl'MAlWN Of TIJE INFQRI.IA110N SHOWN PROFE JONA!. IJ.ND SUiM:l:OR .. AND MAPPER H®!QN, NOTE, WjD$ SHOWN HEREON WERE NOT LICENSE NO; ~213, SfATE Or FLORIDA ~l);!) _FOR REs'IRICTIOilS, RIGHTS-OF-WAY ANO DAT!fl. ·1~/15/08 f'AS.!1M~tfi1! OF ~CQRD.

31

BK: 2327 PG: 1376

SKETCH TO ACCbMPANY DESCRIPTION. THIS IS NOT A SURVEY!

LEGEND: @. - BASl!l.JNE IRFC - . iNDJ>N Rll/ER FARMS COMPANY L - LEFT O,R;B. ~ Ol'FIOW. RECORDS BOOK P.B. - PLAT BOOR PG. - PAGE R - RIGHT R/W - RIGITT-OF-"WAY STA. - ST~TilllN S.LC.R. - sr. 6U~E ~NTY RECO~DS

I I

I I -------------1 : /wcr 7, SECTION j~ I i ____.-t-P,B. 2, PG. 25, - I

---- i S.LC.R. I

---- I I I I I I

i : A PORTION OF TRACT 7 ~T LJNE_.,./'I

I ~ P.B. 2, PG, 25, S.L,C.R. OF TRACT 7 I

ADDRESS: 33RD STREET I I I VERO BEACH. A.., 32!il66 I I -/ PID-3239310000100.?000004.0 I J I O.R.B. 2200. PG. 157 I

S89' 39'03rE I ~ I I

60.000J' I °' / I / • I I STA: 386-+72.05 : STA: 386+ 11.~9 I ! ~ OFFSET: 50.00'L I OFFSET: 50.00 L I .,, !;;! I SOUlri~T CORNER I

._/ J I OFTRACT7- I

- N0©'.23'1i8'"( ~17

:_o, _ ~N00'2$'1'8"E ~ - - - - - - .c T -50'.00' , v..:_::J . 50-;0©' ~ fiM\ I

:. JB7+00 j J&BfllO . \!.'.'.)' I o J86 I STA: 386+ 72.01 '

- - - ,_.,+-'--'--~"'!-·-¼ nw,i;:r:-31,00'1 385+00

/ 30Rl)S'FREET(O.HIIR.RY LAN5)

389+00 390+.00 A. y '·- . ~~--,,a=sg,..,s'f: ~-

STA: ,l85+1 l.85 "-N!f9'39'0~"W J --;UTH LINE OF TRACT 7 --OFFSET: MO'L 60,00 _ E:?UTH LINE OF THE NORTH~~

60' SUB'-LAfERAl "A-4" CANAL ON QUAR:R OF SECTION 31 39 32 1No1AN RIVER FARus co; Pl.AT oF LANos < ~sis oF stAR1N~hwmv.1a: .

P.B. 2, PG. 25, S,L,C.R. CfiERl!iY LANE CATI'LE, UC ~. • A·1· c· '.Jio· ,,···s ~'"''"- ' %..""""' - ~ llO' r llY tf· -. , .. , . M. j '·, N ~mmu: Mm -~JR'(,~sr

!, ... :. ': '· ~ ... _,'. i t , , . g '"DITIONAL R/W ._~...,,11-""~""-~ .... iro--,....;~,'-;..,,.·• __ • .--_,u-ilol __ , "' A-"'"' ~ .. I • ., i'.J ·... ..;,.. " /UJ . '""'"N ,. 'A,J;,,:A'U - ,:;>,,. H'IV• :.:i . · , ! Z>/l\.-- T .. (56\)"7•7® F"'I"''""'"'' WP001053 'r0'5SSD17-0

,.:::, W&SfP-tilm·~FloM&,${11" WWW~ SHEU 2 (Jf 2

32

Re: 73" Street (Vero Grove Land, LLC) Part of Tax Parcel JD# 32390300000002000001.0

RESOLUTION NO, 2009-__ _


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



• Pursuant to the authority of Section 196.28, Florida Statutes, any and all liens for taxes, delinquent or current held or owned by Indian River County, against the property described in the Warranty Deed recorded in OR Book 2330, Page 774 (the "Deed"), attached hereto and incorporated herein by this reference, are hereby canceled.

• The property set forth on the Deed was recently acquired by Indian River County to obtain the ultimate right-of-way for 73rd Street.


The resolution was moved for adoption by Commissioner--------~ and the motion was seconded by Commissioner--------~ and, upon being put to a vote, the vote was as follows:


The Chairman thereupon declared the resolution duly passed and adopted this __ day of June, 2009.

INDIAN RIVER COUNTY, FLORIDA Attest: J. K. Barton, Clerk

By: __________ _

Deputy Clerk

Approved as to form and legal

suffi~ ._

By M,(ar,E.Fe!l ~ Senior Assistant County Attorney

By ____________ _


NO TAX CERTITTCATES OUTSTANDING

33

1983928 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL,.BK: 2330 PG: 774, 03/27/2009 09:50 AM DOC STAMPS D $0.70

This Instrument Prepared By: Gunster, Yoakley & Stewart, P.A. 450 E. Las Olas Blvd., Suite 1400 Fort Lauderdale, Florida 33301 ATTN: Dardelle De Vito-Hurley, Esq.

SPECIAL WARRANTY DEED

THIS SPECIAL WARRANTY DEED is executed this .2_ day of ~. 2008 by VERO GROVE LAND GROUP LLC, a Florida limited liability tompany, whose address is 12300 Alternate AIA, #I 11, Palm Beach Gardens, FL 33410 ("Granter") in favor oflNDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is I 840 25th Street, Vero Beach, FL 32960 ("Grantee").

(Wherever used herein the terms "Granter" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of cotporations)

Witnessetb: That Granter, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt and adequacy of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto Grantee, all that certain land situate lying and being in the County of Indian River, State of Florida, and more particularly described as follows:

years;

See EXHIBIT A attached hereto and made a part hereof (the "Property").

Subject to:

(I) General and special taxes or assessments for the year 2008 and subsequent

(2) Conditions, limitations, easements, restrictions, reservations, covenants and other matters ofrecord, if any, without intent to reimpose or reinstate same hereby;

(3) Applicable zoning ordinances, codes, rules and regulations; and ( 4) Any matters which would be disclosed by a current and accurate survey or

by a current physical inspection of the Property.

Together. with all the tenements, hereditaments and appurtenances thereto belo.nging or in anywise appertaining.

To Have and to Hold, the. same in fee simple forever.

And Gran tor hereby covenants with Grantee tha1 Gran tor is lawfully seized of the Property in fee simpJe; that Orantor has good right and lawful authority to sell and

O -COUNTY ATTORNEY'S OFFICE IND!~ wxg~ COUNTY

I slt(l'1tfi Street Vero Beach, Florida 32960 34

BK: 2330 PG·: 775

convey the Property, and Grantor hereby warrants the title to .the Property and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor.

BY ITS ACCEPTANCE HEREOF, Grantee on behalf of itself, and its successors acknowledges and agrees that the.Property is being conveyed by Grantor "as is, where is with all faults" and without any representations or warranties whatsoever. Accordingly, the acceptance hereof shall constitute a full and complete waiver and release by or on behalf of such parties of any and all claims, damages or liabilities against or of Grantor and all of their respective employees, officers, directors, shareholders, parents, subsidiaries, affiliates, managers, agents, predecessors, successors and assigns now accrued or hereafter to accrue, arising from or related to 1he Property.

IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written.

WITNESSES: GRANTOR:

'GROUP LLC, a

:hrd N~---= Signature of Witness d

Name:=f()D ~JQ\l Jtl¾' c~~

Signature of Witness

Name: ChnsHe )«Y\40

FrL 334668.2

35

BK: 2330 PG: 776

STATE OF FLORIDA ) )SS:

COUNTYO?<l~~~ )

Th~ ~goi\)j, Deed was acknowledged bef9r~ me this P- day of, )U11t', , 2or/Z, by lkl.,,'.)_lrtlot\, as Q> q,,e:v 0g!#{»/'81VERO GROVE LAND GROUP LLe,'° a Florida limited liability company, on behalf of :117.'company. who [ J is per~Ily I kl}own to . me, or [\/J has produced

!::JQ11c/a5 @v£r:S U cen $ e as identification.

CNotary Seal)

HI. 334668.2

SB50-tf2.1-74-t.f55-0/h..--.n--r--

_l3H~ Name ofNotary fyped, Printed or Stan1ped

[EXHIBIT A FOLLOWS]

,

36

BK: 2330 PG: 777

·--·..,. __ .,._ .,, __ _ ___ ..... _.,,_ ..., ___ .....__ 13:~

DESCRIPTION OF SKETCH 30' WIDE RIGHT OF WAY DEDICATION

LEGAL DESCRIPTION: 30' WIDE RIGHT OF WAY DEDICATION THAT PORTION OF GOVERNMENT LOT 3, SECTION 3, TOWNSHIP 32 SOUTH, RANGE 39 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 2, SECTION 3, TOWNSHIP 32 SOUTH, RANGE 39 EAST; ALSO KNOWN AS THE CENTER OF SECTION 3 TOWNSHIP 32 SOUTH, RANGE 39 EAST; RUN N00'06' 49"E ALONG WEST LINE OF SAID LOT 2 AND EAST LINE OF OAK ISLAND SUBDIVISION AS RECORDED IN PLAT BOOK 15 PAGE 38A A DISTANCE OF 30.00 FEET; THENCE DEPARTING WEST LINE OF GOVERNMENT LOT 2 RUN N89'43'48"E A DISTANCE OF 330.00 FEET TO THE WEST LINE OF LOT 1, COPELANDS LANDING SUBDIVISION, PHASE 1 AS RECORDED IN PLAT BOOK 13, PAGE 22A; THENCE S00'06'49"W A DISTANCE OF 30.00 FEET TO THE SOUTH LINE OF GOVERNMENT LOT 2 AND THE NORTH RIGHT OF WAY LINE OF 73RD STREET; THENCE S89'43'48"W ALONG THE SOUTH LINE OF GOVERNMENT LOT 2 AND THE NORTH RIGHT OF WAY LINE OF 73RD STREET A DISTANCE OF 330.00 FEET TO THE POINT OF BEGINNING, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY AND CONTAINING 9900 SQ. FT OR 0.23 ACRES MORE OR LESS.

BUCCANEER DEVELOPEMENT

!EXHIBIT "A"l

RE:CDN LAND SURVEYING, INC, Z CONSULTING SURVEYORS AND PLANNERS JOB NO. Q 1227 S. PA7RICK DRIVE, SUITE 314 IHY,,WN BY• (..) SATELLITE BEACH, FLORIDA 32937 rci~ E!!OK ... W (321) 505-2943 FAX (J21) 773--1608 aAn: Of SURVrr l?(JJ/QZ 0::: (772)0413-1262 LB NO 7457 ~~~~~

~====::!:"E::::co::;:"°':":•o::x.c::o":._ ___ _J_!I..."'""""' ~'="'~--.1

G.A:BR1ELG" o"Et:1.Es.r,Pls tLORJDAfoRE:~i~-91F'Ls 1908

37

BK: 2330 PG: 778

SKETCH OF DESCRIPTION 30' WIDE RIGHT OF WAY DEDICATION

Wl/2 Of" S1/2 OF 51/2 OF LOT 1 UNPLAT!£0

JJ0,00' D) SOUTI-1 LINE OF GOVERNMENT LOT 1 N 89"43'"8" E 329.95' S FOIJNO 112•,-'--=-'-'---=--'---==="-"""'-9S~:~~~·,=;~,¾::e~,~--~3~2'-"S~. ~R~G~E~, ~·~•~E~·---

IRON RO[) CONCRElE NO 1,0. MONUMENT

Nt/2 Of Nl/2 OF. SE1/4 OF NW1/4, LESS HWY R/W AS IN R BK 100, ·pp 497 (OR BK 488 P789)

UNPLAmD

'TRACT "A• RESIDENCE

LOT 13 "ESIDENCE

A PORTION CF GOVERNMENT LOT 2

CITRUS GROVES/RESIDENCE 10.19 ACREAGE

LOT 14 RESIDENCE

~~, PLAT BOOK 13, PAGE 22A

THAT PART OF S1/2 OF N1/2 Of SE1/4 OF NW1/4 LYING E 6F NEW US HWY NO 1

PG 47, LESS THE W 200 UNPLATTED

"' "'::; • ..J

i>--18 ~ 8~ z> . 8

!WC ISLAND SIJBDIVISIIII w PLAT BOOK 15, PAGES 38 THRU 38B 2:S

P.O.B. SOUTJ-IWEST CORNER GOVERNMENT LOT 2

CENTER SECTION SECTION 3, TOl\tolSHIP 32S RANGE 39E

FOUND 1n PIPE

BUCCANEER DEVELOPEMENT

..J ... ;

JO' RIGHT OF WAY DEDICATION

RECCN LAND SURVEYING, INC, CONSULTING SURVEYORS AND PLANNERS 1227 S. PATRICK DRIVE, SUITE 314 SATELLITE BEACH, FLORIDA 32937 (321) 505-2943 FAX: (321) 773-1608 (772)413-1262 LB NO 7457.

'\,l;::::::==::::::'=:::'"R.ECONctNBOX.COM

A PORTION OF GOVERNMENT LOT 2

LOT 12 RESIDENCE

LOT 7 RESIDENCE

LOT 6 RESIDENCE

3

~

LOT 5 RESIDENCE

LOT 4 RESIDENCE

8 LOT 3

8 RESIDENCE

., LOT 2

RESIDENCE

LOT 1 RESIDENCE

Cll'ElANIJS LANDING SUJIJIVISlllN, PIM$£ 1

PLAT BOOK 13, PAGE 22A

s oo~~~ir w

SOU'Jff LINE OF GOVERNMENT LOT 2

NORlH RIGHT OF WAY LINE Of 7JRD STREET

EXHIBi]J~~,Jp Z-l?fi co

SCALE r.,'!50' DATt llf' SURV""'. l?()Vill

SECTION TCIIINSW'

RANG!: --'~'~'·~--

38

Indian River County, Florida Property Appraiser - Property Data

Data For Parcel 32390300000002000001.0

Base Data .... ·-·--·········· .... ,=cc····=··· ---

! 32390300000002000001.0 '"'· ============="'<.• ! VERO GROVE LAND GROUP LLC

Site ' Address j 3480 73RD ST, VERO BEACH, FL 32967

~ .. ~.••-O<-----~---------~ [ + J Map this property.

Mailing Address Property Information

• Address: (~6-~0~=-~_£:~Y R.!)_! .. l_ll?,:~::J j Tax Code: L7... - . .. .. . . . .. . . . ill ! ) 0100 - SINGLE FAMILY .. !lj

: City State •Zip:

' Property Use: !- IMPROVED i_!.i, [CLEVELAND, OH 44128- ' p;- ·-·111

!5775 . _ _ Neighborhood: 1i:g1~1soi~-~~~~;B :;:

Real Appraiser & ~-RF - ROB "B" FOX-:-·~--.. j~ Date: 12/7/2005 i/

•~"•-····~;;·;;:·;:•· .,.l;

Legal Description -- Click here for full legal description

Secondary Owners

additional owners found.

Report Discrepancy

Copyright ©2007 Digital Data Technologies, Inc.

GISparcel shapefile last updated S/27/200912:16:08 AM. C4MA database last updated S/27/200912:33:19 AM.

h++..-...JJ .............. ; ____ ____ rr,._..__ - -

Page 1 of 1

39

Re: 49> Street & 661h Avenue (Brian Murphy)

Parts of Tax Parcel ID# 32391900006000000001.0&3.0








• The property set forth on the Deed was recently acquired by Indian River County to obtain the ultimate right-of-way for 49 th Street and 66th Avenue.

• The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution fo the Tax Collector.





By: __________ _

Deputy Clerk


s~ B;,: MarianE.Fett Senior Assistant County Attorney


By ____________ _


NO TAX CERTIFTCATES OUTSTANDING

40

19B4455 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2330 PG: 22B7, 03/31/2009 08:42 AM DOC STAMPS D $46.20

3S, ~ d.-~. L{.c, ol,.O ~~-

, R/W-ParQels 139 & 140 - 49th Street/66th Avenue Part of Parcel IDs #32-39-19·00006-0000·00001.0&3.0 Instrument prepared by and should be returned to the County Attorney's Office


THIS INDENTURE, made this _..&2. day of ~ , 2009, between BRIAN MURPHY, 6770 49th Street, Vero Beach, FL 32967, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, GRANTEE,

WITNESSETH THAT: GRANTOR'; for and in consideration of.-the sum. of Six Thounhd ·;:;ve. Hundred Twenty and 50/100 Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S successors and assigns forever, the following described land, situate, lying, and being in Indian River County, Florida:

SEE EXHIBITS "A" ATTACHED HERETO AND MADE A PART HEREOF

AND GRANTOR does hereby fully warrant the title to the land set forth on Exhibit "A" and will defend the same against the lawful claims of all persons whomsoever.

STATE OF FLORIDA COUNTY OF INDIAN RIVER . · /J I,( Th~ foreg9ing instrument was · acknowledged before me this .,,,2 L.. day of

Cl.A-OA-. ;J; , 2009, by BRIAN MURPHY, who Is personally known to me or produced r/.. ,JJ6 u as identifi.cation. /i .

sign A/)1 . Stamped seal with printed name and commission #:

41

BK: 2330· PG: 2288


LOCATION MAP: NOT -TO SCALE

~1~/Ll__g: t>1st · 1st. I r --II •

-o : 1:; o\ 59th :st.'7m 16,,,;

~ g JI •J-!"· ,a ~- Relief Ca[J_aJ. ~---- OWNER: ~ ~ : :§: 53rd <J ' St. ' =P= j s~~-.._ - --f ---

m BRIAN MURPHY

ii ,- --::i=::: io c • ., , 49th "' :St. 20 < 21 C i c,, .0::: 24 C 1-9 .i;·········••i~ -:-:-:-:•:-x-:-:-:•:❖:~-

Ji ~I 45th S

LEGAL DESCRIPTION: PARCEL 139

A PARCEL OF LAND BEJNG THE SOUTH 20.00 FEET OF PARCa 3 SHOWN ON THE "Roux· AFFIDI\/IT OF EXEMPTION AS RECORDED IN OFFICIAL RECORDS BOOK 1632, PAGE 2161 OF THE PUBLIC RECOROS OF SAINT LUCIE COUN1Y, FLORIDA, LYING WITHIN TRACT 8, INDIAN RIVER FARMS COPLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, ,,s RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FI.ORIDA, ALL SAID LANDS LYING WITHIN SECTION 19, TOWNSHIP 32 SOtml, RANGE 39 CAST, INDIAN RIVER COUNTY, FLORIDA.


SAID PARCEL OF LAND LYING WITHIN THOSE LANDS PS_ DESCRIBED IN OFFICIAL. RECORDS BOOK 1971, PAGE 788, PUBLIC RECORDS, 11'1DIAN RIVER COUNTY, FlDRIDA.

..

{EX8(BIT . "A""l CERTIFICATION: I HEREBY CERTIFY THAT. THE DESCRIPTION. AND ATTACHED SKE!tH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVE.YING STANDARDS, CHAPJER-61G17-ll, FLORIDA ADMINISTRATIVE CODE, "JS SEJ·f.ORJli BY lHE FLORIDA

. BOARD OF: . PROFESSIONAL SURVEYORS &: · MAPPERS, PURSUAflT iO SECTib~- 472.027, Fl.ORIOA srAMtS;· AND· IS lRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND· BEl.JEF. UN1..ESS rr- BEARS ,lHE SIGNATURE AND lHE ORIGINAl. RAISED SEAL OF -A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.

NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHfC DEPICTION OF THE DESCRIPllON SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING "OF lHE

PERRY C. WHrTE SUB.!ECT PROPERTY, OR MONUMEN!S SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN

PROFESSIONAL LAND SURVEYOR AND MAPPER HEREON. NOTE: LANDS SHOWN HEREON WERE NOT LICENSE NO. 4213, STATE OF FlDRIDA ABSTRACTED FOR RES!RJCTIONS, RIGHlS-OF-WAY AND DATE: 03/28/07 EASEMENTS Of RECORD.

l!

aARCADIS PROJECT ~ I DEP>JfilEHT &fAHAG£R SC<.e Cl!W<EDIN Pr:11 pr,,, 1• ~ 80' PCW

l f;J SHEEiiTilE DA1£: Of'.A."'N BY

I 2 0J/28/rrl .i,;

ADDITIONAL R/W PROJECT tiUlilBER DftA:IQ,IG NUl.!&R

j! ARCADIS U.S., INC. · ~

WP001053 1053SO139 2DD1Vls1aParlalm)' n!l;(581)697-7000 Fll::(561)R97-rni1 OF 2 @) . West.PmmBeaci1,Fkirlda33411 www.arcadls-uri.com '1/EIT 1

42

BK; 2330 PG: 2289

SKETCH TO ACCOMPANY DESCRIPTION.

I.EGEND: . l - BASELINE

THIS IS NOT A SURVEY! ~ .If

IRFC - INDIAN RIVER FARMS COMPANY L - LEFT

· O.R.B. - OFFICIAL RECORDS BOOK P .8. - PlAT BOOK PG. - PAGE

!L--------------R - RIGHT R/W - RIGHT-OF-WAY STA. - STATION S.L9.R. - ST. LUCIE COUN"TY RECORDS

20' O.E.~

-·-LINDSEY ROAD 149th STREET EC

- -·. STA: 495+55.59 : ·1· N89"53'13"W 213.51' OFFSET: 16.01 L "' --

SOUTH LINE :J STA: 497+69.10 TRACT 8 OFFSET: 16.00 L

30' SUB-LATERAL "A-8" CANAL INDIAN RIVER FARMS CO. PLAT OF LANDS

a; d ...J u;

"'.,,-u"' ~d ..... a.

c:-J a;; 0.:

STA: 497+69.12 OFFSET: 36. 00 L

S00-08'58"W 50.00'

P.B. 2, PG. 25, S.L.C.R. OWNER: BRIAN MURPHY

2 a PROJECT i,WW,ffi WAITTMENT liWOOffi SCl\l.£: CKECKED SY iio PCW PCW 1• .,. 80' PCW { ..... ·... ARCAD IS fi..,Slfill=.:c:·=mu:~--'--'-'"---+,:,",/_;m=j,-=,1::...o

7.----..;,':fl::::Jl,-.,---1

i ARCADIS U.S., -INC. 5 ADDITIONAL R/W PROJECT NUMBER -·· N\JMBEll

ii ,..,__ r.i:(581)"7-lllOO Fso(56l)E97-7751 . WP00I053 1053SD139 @) WastPalmBeach,Alllk!B3'M11 www.1m::ad\s,us.Q'.lm SHtE" 2 OF 2

43

BK: 2330 PG: 2290



OWNER: BRIAN J. MURPHY

LEGAL DESCRIPTION: PNiCa 140

A PARca OF LAND BE!NG THE SOUTH . 20.00 FEET OF PARCEL 1 SHOWN ON THE "ROUX" AFFJDIVIT OF EXEMFTIDN AS RECORDED IN omclAI. RECORDS BOOK 1632., PAGE 2161 OF THE PUBLIC RECORDS OF SAINT LUCIE COUtlTY, FLORIDA, LYING WITHIN TRACT .B, INDIAN RIVER FARMS CO.PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, /lS RECORDED IN PLAT BOOK Z PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNIY, FLORIDA. ALL SAID LANDS LYJNG WITHIN SECTION 19,. TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN .RI\IER COUNTY, FLORIDA,


SAID PARCa OF I.AND LYING WITHIN THOSE LANDS /lS DESCRIBED IN OFFICIAi. RECORDS BOOK 2003, PAGE 1779, PUBLIC RECORDS; INDIAN RIVER COUNTY; FLORIDA. ·

I EXH!~I T "A"I . CERTIFICATION: _ . . . . . . . . . . .. .. . ...

I HEREBY CERTIFY ·1HAT. THE DESCF!lf.'ilON AND ATI'ACHEli .SKEFCH OF DEScRiPiTON • WERE PREPARED IN ACCOR!WiCE WllH lHE SURVE.'IIIIG STANDARDS. CIW'l'ER· 61G17-B,. FLORIDA ADMINISTRATIVE CODE:, '>S SET f'ORlH BY THE FLORIDA . BOARD OF. PROFESSIONAL SURYEYClRS' & MN'PERS, PllRSlll,NI' TO SE'CIION 472.027, FLO~DA STATUTES, AND IS. TRUE . AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS .THE SIGNAlURE AND THE ORIGINAL RAISED SEAL OF A . FLORIDA LICENSED 'SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD.

PERRY C. WHITE PROFESSIONAL LAND SURVEYOR AND MAPPER

· LICENSE NO. 4213, STATE OF FLORIDA DATE: 03/29/07

. NOTE: 11-1IS JS NOT A SKETCH OF SURVEY, Bur ONLY A ·GRAPHIC DEPICTION Of THE DESCRIPTION SHOWN HEREON. lliERE HAS B.EEN NO FIELD WORK, VIEWING OF THE suaJECT PROPERIY, OR MONUMENTS SET IN CONNECllON WITH THE PREPARA1l0N OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT IJ3S'lllACTE() FOR RESTRICTIONS, RIGH!S-OF-WAY AND EASEMENTS OF RECORD.

44

BK: 2330 PG: 2291


• . --~ -~ '-------------~

-!-+-'- -0

~-..J. - -"'>--1--...l l.. - -

N89'53'13"\V - 59.91' SO~Jt~ J · 30' SUB-lATERAL "A-8" CANAL

INDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG. 25, S.L.C.R.

ll/ La PROJW "'-"'GER 00'""1MM ..,_

. i NI ARCADIS . ~ !:- PCW

i . ARCADIS U.S., I.NC. · ~ ADDmDNAL R/W . . j! ,oa,__ . To:(!81)897~"" Fax:1561)697-7751 @ WsetPalmBaai::h,Flo,kldMH ~ , SHEET _2 OF 2

@. OF SURVEY

OWNER; BRIAN J. MURPHY

"""" CIECK!lllll' t· .. 80' PC/I ..,...,., OOffll 8\' '1J/2ll/07 JJE

PRDJECr NUIQ DRIIWIHG HUWE!\

WP001053 · 1053SD140

45

Re: County Road 51 0 (Steven & Linda Jones) Part of Parcel ID #31383600000100000005.0

RESOLUTION NO. 2_009· __ _







• The property set forth on the Deed was recently acquired by Indian River County to obtain the ultimate right-of-way for CR 51 0 (85th Street).


The resolution was moved for adoption by Commissioner--------~ and the motion was seconded by Commissioner--------~ and, upon being put to a vote, the vote was as follows:



INDIAN RIVER COUNTY, FLORIDA Attest: J. K. Barton, Clerk

By: __________ _

Deputy Clerk


~ .-"~ Senior Assistant County Attorney

By ____________ _


NOT AX CERTJFICATES OUTSTANDING

46

1984456 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2330 PG: 2292, 03/31/2009 08:42 AM DOC STAMPS D $19.60

~-County Road 510 Project Thif.-~t,as,sa,,oo!IIN,-flOdi!hy

and 11!0111-3 be returned to the County Attorney'• Office

1801 27th Street Vero Beach, Florida 3Zl>60


THIS INDENTURE, made this ~ day of ~ 2009, between STEVEN JONES and LINDA MARIE JONES, husband and wife, whose address Is 3060 Peachtree Street, SW, Vero Beach, FL 32968, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, GRANTEE,

WITNESSETH THAT: GRANTOR, for and in consideration of the sum of Two Thousand Seven Hundred Twelve and 51/100 Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S successors and assigns forever, the following described land, situate, lying, and being in Indian River County, Florida:

SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF

AND GRANTOR does hereby fully warrant the title to the land set forth on Exhibit "A" and will defend the same against the lawful claims of all persons whomsoever.


sign: ~ Of• ~ Witness to bo/1) Lei<!.

p?nt.ed;;;;: J_. f.c;.A R. t<,'e ~ sign: .. ~ "-- <£ .. vJu./JC

Witness to both printed name:..:54,.,.1...nt.. L., Writ-'"

STATE OF FLORlDA .. ,1, , .

COUNTY OF--'~"'--'-.""'----'-~~--

The ,fcreQoi.ng . Instrument was acknowledged before me this GI. 7 day of --'--' ~---'---' 2009, by STEVEN JONES and LINDA MARIE JONES, husband and wife, who aia 13er::101u1lly 1t11own to Ille o.-,:noduced ~ )if¥ o~ as identification.

Affix stamped seal with printed name and commission #:

l'~,,,,~ Nofa,y Public State of Florida • r '1: lea R Keller -A.;:,. , .z My Commission DD782575 ~Off\.r.F- Expll'e505/1512D12

-..,,,v,,,v,..,.,_~

sign ---'""-''----tR--_~_,__ ___ _ NOTARY PUBLIC

47

BK: 2330 PG: 2293

__ j,

PARCEL 109

31383600000100000005,0

EXHIBIT A PARCEL 109.

BEING A PARCEL OF LANO LY.ING JN .THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, [ND[AN RIVER COUNTY, FLORrDA, AND BEING MORE

. PARTICULARLY DESCRI.BED AS FOLLOWS:

COMME°NCING AT THE NORTHEAST CORN~R. OF SECTrON 36, T-OWNSHJP 31 SOUTH, RANGE 38 EAST, THENCE ALONG THE NORTH LINE OF SAID SECTION 36, NORTH 89'32'1$' WE~-J A DISTANCE OF 1329.15 FEET TO A POINT AT THE NORTHEAST CORNER . OF THE NORTHWEST QUARTER OF THE NORtHEAST QUARTER OF SECTION; 36,. TOWNSHIP 31 SOUTfl, RANGE 38 EAST [BEARINGS ARE BASED ON:SAID NORTH LINE OF SECTION 36 AND ALL OTHER. BEARINGS SHOWN HEREON ARE RELATIVE THERETO); THENCE SOUTH 00'11'00" 'WEST, WITH •THE WEST LfNE OF 'SAJD NORTHEAST QUARTER OF- THE NORTHEAST QUARTER OF SECTION 36, A DISTANCE OF 40.00 FEET, TO A POINT' ON THE SOU.TH R[GHT OF WAY LINE OF WABASSO ROAD; THENCE NbRtH 8~'32'15" WEST A DISTANCE OF 210.00 FEET TO THE POINT OF BEGINNiNG;

THENCE NORTH 89'32'15" WEST A DIS·TANCE OF 127.21 FEET; THENCE · SOUTH oo· 11' 00" WEST, ·wnH THE '//EST' LINE OF THE EAST 10 ACRES

OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECT ION 36. TOWNSHIP 31 SOUTH, RANGE 38, A DISTANCE OF 18,00 FEET TO A POINT: THENCE SOUTH B9"32'1S" EAST A DISTANCE OF 127.21 FEET TO A POINT; THENCE NOR·TH 00•11'00·" WEST, A DISTANCE OF 18.00 FEET TO THE POINT OF BEGINNING;

GONTYAINING 2290 SQUARE FEET OR 0,053 ACRES, MORE OR LESS,

ABBREVIATIONS & LEGEND

P,0,8', P-•INT OF BEGINNING P.o.c. POINT OF CO¥MENCEMENT 0,R,B, OFFICIAL RECORD BOOK EXlST. EXISTING SEC. SECTION Ii. BASELINE · FD FOUND Pl· POINT OF INTERSECTION STA STATION C.R. COUNTY ROAD COR. CORNER

G, MARTIN BURDETTE, P,S,M, 4136 DATE: NOT VALID WITHOUT THE SIGNATURE AND RAISED.SEAL OF A·FLORIOA LICENSED SURVEYOR A MAPPER

BIA!DEft£ l l!!tlC'Ults. INC. 1111D STttltll.11.i Mt\'E' VERO MACH, FL :i,ms LB&U! na-zn-,ma . t. IW!flll e1matTTE, r.s.J.l.ir~s lll!Vl$!1)11 .. ,m

om OU ARTER TWNSHP TOWNSHIP Tl IF. TRUSTEES OF TM£

PG LT, RT. SQ.FT. R/W ACS,

INTERNAL IMPROVEM!:NT FUND . PAGE

LEFT RIGHT SQUARE FEET RIGHT OF WAY

ACRES · DEL TA

NOT A SURVEY INDIAN RIV£R COUNT-Y

FIJOHT oi: 1fAY liMPING

RIGHT OF WAY, f'ARCEL SKETCH P,4RCEL 109 COU~TY A.O~D 51 0 .. l'R£t.1~ Jt

llll't ll'l'ftO'IEll JT

"'"'" J'JlV,L ~ 5~Dll7

Sr.lDIIT

.... ~ ~el'U[l)·I! I 'llLD 90CI~ llll,'S BUIIOtT?f. II ASSD~IATU, JN~. .. ..

jst1,1.~, C,R. SU) ,11011 l,IDRTH 1W CR \;I:!. I TO IDcro· E...Sr er 75T/I tObl?T SHl:E'I' t tJF 3

48

" "' 1-"' "' r.!l Pi

0 01 01

"' .. t;l

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0 LO

Re: a2"' Avenue (Stephen Bailey Trust et al.) Part of Parcel ID #32383600000500000003.0







• Pursuant to the authority of Section 196.28, Florida Statutes, any and all liens tor taxes, delinquent or current held or owned by Indian River County, against the property described in the Warranty Deed recorded in OR Book 2331, Page 1534 (the "Deed"), attached hereto and incorporated herein by this reference, are hereby canceled.

• The property set forth on the Deed was recently acquired by Indian River County to obtain the ultimate right-of-way for 82nd Avenue.






By: __________ _

Deputy Clerk

Approved as io form and iegai

:~ff~J IMarianE.Fett



By ____________ _


NO TAX CERTIFICATES OUTSTANDING

51

1985038 RECORDED IN THE RECORDS OF JEFFREY K BARTO~, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2331 PG: 1534, 04/01/2009 02:00 PM DOC STAMPS D $0.70

This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to:

Jason A. Beal Atlantic Coastal Title Corporation 3850 2oth Street, Suite 6 Vero Beach, Florida 32960

ACTC File Number: 29077484. Parcel ID Number; Portion of. 32-38-36-00000-5000-00003/0

GENERALWARRANTYDEED

1979454 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDJAN RIVER COUNTY FL BK: 2325 PG:372, Paget of 4 03/06/2009 at 09:53 AM D DOCTAX PD $911 40 '

JEFFREY K BARTON, CLERK OF COURT

This deed, made as of lhis/lJ.1-l day of February, 2009, by Stephen M. Bailey, as Trustee of the Stephen M. Bailey Revocable Trust; Charles A. Sullivan, Sr., and Henrietta M. Sullivan, his wife (as Grantor); and Indian River County, a political subdivision of the State of Florida, whose postoffice address is: 1801 28th St, Vero Beach, FL 32960 (as Grantee);

(Wherever u.ted herein, the te11T1S "grruuor~ and "grantee" shall include singularandplaraJ, heirs, l.egal repre.'lentatives, and assign.t qfindividuals,. and 1he succe,vsrm; and a,vsign.t of cotporation.f, partner,fhip.v or other enlities; wherever the context .vfl admit.v or require.f.)

WITNESSETH:

That the granter, for and in consideration of the sum of $10.00 in hand paid by grantee. the receipt whereof is hereby acknowledged, does hereby g:tq.nt. bargain. sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand ·which the said graritor has in and to the following described parcel of land, to wit:

The South 90.00 feet of the West '113, LESS the West 113 of the following described property: The South 1/2 of the Sonlh 1/2 of the Southwest 1/4 of Section 36, Township 32 South, Range 38 East; AND the South 9.5 feet of the North 1/2 of the South 1/2 of the Southwest 1/4 of Section 36, Township 32 South, Range 38 East, Indian River County, Florida.

TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.

· TO HA VE AND TO HOLD the same in fee simple forever.

AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simplet that grantor has good right and lawful authority to sell and convey said land; thl!t granter hereby fuUy wan:ants the title to said land and will defend the same against the laYfhtl claims of all persons whomsoever; and that said land is free of all encumbrances, except tax.es for the year in which this deed is given; ·anc1 restdctions, resetvations, 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).

)'J'Re-recorded to add notary seal (second page)

ATLANTIC COASTAL TITLE CORPORATION A Full Service, Florida Title Insurance Agency

52

BK:· 2331 _PG: 1535

The grantor herein warrants and avers that grantor does not reside on the lands conveyed hereby, nor on contiguous land; nor does any member of grantor's family dependent upon grantor for snpport.

IN WITNESS WHEREOF, the said grantor has signed and sealed these presenm the day and year first above written.

~ delivered in the presence of:

State of FlQrida County of ltsll)i AJ :BL vr:R

phen M. Bailey, as Trustee P.O.Box352

Boca Raton, FL 33429

The foregoing instrument was acknowledged before me the date hereinafter given, by Stephen M. Bailey; who was/were either personally known to me; or produced identification of sufficient character so as to idenlify said individual(s) with reasonable certainty; and who did/did not take an oath.

Witness my hand and official seal in the County and State last aforesaid, J (Sil day of February, 2009.

Type ofidentification provided (Check One): M Driver's License [ J Passport [ I Government (State or Federal) ID Card [ I Resident Alien ID Card [ ] Other

C ;

Notary Public

~" "!I,;,. Notary Public State of Florida R ~,, "'f- /vlandoU Hatfield ~ !!- ~ i My Comrnission 0D716855 ~o, r,.O., ExJJires 09/19/2011

ATLANTIC COASTAL TITI.,E COP~»oRATION A Full Service, Florida Title Insurance Agency

53

BK: 2331 PG: 1536

State of Florida County of '.f''C\41 o 'I'> '9i ~ ve--r

Charles A. Sullivan, Sr. 162020th St

1 Vero Beach, FL 32960

-,, YdtJ C t-Cf-:~ L( J~ Henrietta M. Sullivan

162020th St Vero Beach, FL 32960

The foregoing instrument was acknowledged before me the date hereinafter given, by Charles A. Sullivan, Sr. and Henrietta M. Sullivan, who was/were either personally known to m~·- · produced identification of sufficient character so as to identify said individual(s) with reasonable certainty; and who did/did not take an oath.

Witness my hand and official seal in.the County and State last aforesaid, ~y of February, 2009.

Type of identification provided (Check One): [ ] Driver's Licen.se

½n,,?~A, Notary Public

[ ] Passport [ ] Government (State or Federal) ID Card [ J Resident Alien ID Card I J Other


54

(.J1 (.J1

:,( fil a, I

<b;;!~ :t:~~

flh-u I ':.! ;:.001,.; Z iE g;:z~ i'.l ~~~~ 'I.,

" ""i . ~·52 -75' mf>; J Wz <

)8 : ~ :'i

sr ..

"SKETCH AND DESCRIPTION

~ e=v----~

··1~ s \i <

lHE WEST 1/3 Of lHE SOUTH 1/2 OF THE soun-i 1/2 OF 11-IE SOUlH\lrEST 1/4 OF SECnON 36

SlEPHEN M. BAILEY & LUCfA H. BAILEY, HIS 'MfE PARCEL ID NUMBER! 32-3B-36-00000-5000-00004.0

omaAL RECORDS BOOK 674. PAGE 0655

11-IE SOUllf 9D FEET OF TtfE· v.t:ST 1/3 CF 1HE SOU1H

1/2 OF lHE s01.mt 1 /2. Cf' lHE SW 1/f. OF SECTION 36

SOUlH BOUNDARY Of SEBASTIAN RIVER. WATER

CONlROL DISTRICT

02 , b' . . " . . . . . . . . , . . . . . . .

I

-l

I I

I 261H SlREET (WAL.KER A\€NUE) •

Af>PfiOX(MAJE LOQ6..llot:! _ _<)F MARL ROAD _ J

I g,~= ~

l . . 1 £ , , , , , NOl1JlJ..1.JIJE-5ECJlOfLJ.___... , APP~OXIMPi,TE LOCA1J0N Of' C~NAL ,8

fl-I _ _I ___ J_~:'_s.~':!!~---------j· -- J ----------Wo ' · I} --... ~< .

~ 1<.1 • :z•~ " 45' RIGHT OF WAY PER PLAT <§ ) ~ OF WILDWOOD su_ BD!VISION PER INDIAN RIVER FARMS WATE'R CONTROL DISTRICT-~ ~ ' oJiJ , , PLAT BOOK 8, PAC£ 76 .. NORTH DIKE AND DITCH" G~ ~-~ NORTH UN£ TRACT 4 100- WIDE RJGHT-OF-WAY w~ i. m,-c.1£n::: · I • (P.B.l. 2~ PAGE 25. PUBLIC IJ~CORDS OF ST. L.UCfJE Ill - 1- JO COUNTY,, FLORIDA. SAID LAND NOW LYING AND BEING

r-f 30· IN INDIAN RIVER COUNTY. FLORIDA). I ! 60" ORIGIHAL RIGHT OF WAY PER /TI I.R.F.O.O. (1.R.F.W.C.D.)

! ! !J ' I '

WILDWOOD SUBI)IVISION P.B.I. 08-076

GRAPHIC SCALE

k•~ 100

l 200

! 400 800

( IN FEET ) 1 inch = 200 ft.

J.mEllil.: TV@. = TO'IMSHIP . RNG. = RANGE R/W = RIGHT OF WAY ID. = IDENTIFICATION P.8.1. = PLAT BOOK INDEX ·1.R.F.O.O. = INDIAN RIVER FARMS

DRAINAGE. DISTRICT 1.R.F.W.C.D. = INDIAN RIVER FARMS

WA TE:R CONTROL DISTRICT

1': i ~

EXHIBIT A, SHEET 2 OF 2

"

I CARTER ASSOCIATES, INC. I CONSULTING ENGINEERS AND LAND SURVEYORS

170B 21ST STREET VERO BEACH, FLORIDA 32960-3472

772-562-4191 (TEL) 772-562-7180 (FAX)

Pim.I. NO. 07-489S

D\/G. NO. J8357A

SHEET 2 or 2

gj

"' w w ....

;g

,... "' w ...,

Re: 66lli Avenue R/W (John A. Jackson Jr.) Parcel ID #32390700001001000002.0

RESOLUTION NO. 2009· __ _






• Pursuant to the authority of Section 196.28, Florida Statutes, any and all liens for taxes, delinquent or current held or owned by Indian River County, against the property described in the Warranty Deed recorded in OR Book 2332, Page 1686 (the "Deed"}, attached hereto and incorporated herein by this reference, are hereby canceled.

• The property set forth on the Deed was recently acquired by Indian River County to obtain the ultimate right-of-way for 66th Avenue.



Chairman Wesley 8. Davis Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Gary C. Wheeler Commissioner Bob Solari



By: __________ _

Deputy Clerk

to form and legal


By ____________ _



56

1985964 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2332 PG: 1686, 04/06/2009 01:40 PM DOC STAMPS D $0.70

bl -.f!, a,u.e . fhis instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to:

Jason A. Beal Atlantic Coastal Title Corporation 3850 20th Street, Suite 6 Vero Beach, Florida 32960 ·

ACTC File Number: 29077590 Parcel ID Number: 32-39-07-00001-0010-00002/0

GENERAL WARRANTY DEED

This deed, made as of this !st day of April, 2009, by John A. Jackson, Jr., a single person (as Grantor); and Indian River County, a political subdivision of the State of Florida, whose post office address is: 180127th St, Vero Beach, FL 32960 (as Grantee);

(Wherever used herein, the terms "grantorH and ''granleeH shall include singular and plural, heirs, legal representatives, and asslgns of individuals, and the successors and assigns of corporations, partnerships or other entities: wherever the context so admits or requires.)

WITNESSETH:

That the granter, for and in consideration of the sum of$ I 0.00 in hand paid by grantee, the receipt whereofis hereby acknowledged, does.hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit:

The North 132 feet of the South 396 feet of the North 10 acres of the East 20 acres of Tract 1, Section 7, Township 32 South, Range 39 East, according to the last general Plat of land's of the· ·INDIA.~ .RIVER FARMS COMPANY SUBDIVISION, as recorded in Plat Book 2, at Page(s) 25, of the Public Records of St. Lucie County Florida; said lands now lying and being In Indian River County, Florida.

LESS AND EXCEPT those lands conveyed by deed recorded in 0. R. Book 1863, at.Page 2163; and deed recorded in 0, R. Book 2270, at Page 1864; being more particularly described as follows:

Commencing at the Northeast corner of Section 7, Township 32 South, Range 39 East, Indian River County, Florida, described and bound as follows: Run North 89° 42' 24" West along the North line of Section 7, Township 32 South, Range 39 East, a distance of 80.00 feet to a point; thence run South 00° 18' 37" East along the West right of way iine of 66th Avenue, a distance oi272.63 feet


57

BK: 2332 PG: 1687

to a point; thence run North 89° 42' 24" West, a distance of 470.48 feet to a point. Said point being the Point of Beginning. Thence run South 00° 18' 37" East, a distance of 28.95 feet to a point; thence run North 89° 42' 24" West, a distance of 152.00 feet to a point; thence run North 00° 18' 37" West, a distance of 28.95 feet to a point; thence run South 89° 42' 24" East, a distance of 152.00 feet to a point. Said point being the Point of Beginning.

Pursuant to Rule 12B-4.013(4), F .A.C., a deed given to a governmental entity under the threat of condemnation, or as a part of an out-of-court settlement of condemnation, is not subject to documentary stamp taxes.

TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.

TO HA VE AND TO HOLD the same in fee simple forever.

AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple; 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 ofa11 persons whomsoever; and that 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).

IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written.

Signed, sealed and delivered in the presence of:

~

State of Florida County ofindian River

e Vero Beach, FL 32967

The foregoing instrument was acknowledged before me the date hereinafter given, by John A. Jackson, Jr.; who was/were either personally known to me; or produced identification of sufficient character so as to identify said individual(s) with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 1st day of April, 2009.

~A.BEAi. MY COMMISSION I DD 8Zl327

EXPIRES: Octobe!' 11, 2012 Sonotd'l'biu~PidcUndetwrhrl ~ NotaryP~b!ic


58

Re: 43rd Avenue (Jansu Adams Inc.) Part of Parcel ID #33390400001009000005.0




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, Florida Statutes;



• The property set forth on the Deed was recently acquired by Indian River County to obtain the ultimate right-of-way for 43rd Avenue.


The resolution was moved for adoption by Commissioner --------~ and the motion was seconded by Commissioner --------~ and, upon being put to a vote, the vote was as follows:




By: __________ _

Deputy Clerk

legal

Marian E. Fell Senior Assistant County Attorney

INDIAN RIVER COUNTY, FLORIDA . . .

By ____________ _



59

1987682 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2334 PG: 1685, 04/14/2009 03:03 PM DOC STAMPS D $98.70

Ri9ht of \Xay- 43q;i Avenue Tax ID #33-39-04-00001·0090·00005.0 lnStrumsnt prepared by and should be returned to the county Attomsy's Office 1801 27'1' Street, Vero Beach, FL 32960


THIS INDENTURE, made this ......!2_ day of APR tJ.- 2009, between JANSU ADAMS, INC., a Florida corporation, P.O. Box 7929, Jacksonville, FL 32238, GRANTOR, and lNDlAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32966, GRANTEE,

WITNESSETH THAT: GRANTOR, for and in consideration of the sum of Fourteen Thousand Seven Dollars for the Land and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land situate, lying, and being in Indian River County, Florida:


AND GRANTOR does hereby fully warrant the title to the said land, and will defend the same against the lawful claims of all persons whomsoever.

Printed name:

STATE OF FLORIDA

COUNTY OF J;v ~iA-AJ /?; Jl:;;/1....

JANSU ADAMS, INC. a Florida corporation

The foregoing instrument was acknowledged before me this _LL day of !?/»2; / , 2009, by Jam H. draws, Jr., as President of JANSU ADAMS, INC., a Florida corporation, who is ersonally know to me or produced

1 / . . ~·

sign: ;p/'~~ aryPublic

Stamped seal with printed name, Commission # & expiration date

60

BK: 2334 PG: 1686

- EXHIBIT "A" SKETCH TO ACCOMPANY DESCRIPTION.

THIS IS NOT A SURVEY!

i'a PROJECT MANAGER OfPAR1MEHT l,WW;ER

: .... ARCA01s ~ ,,~ir:F OESCRIPTl:~-W~ Ii ARCA.DIS G&M, INC. :3 FOR S.R. 60 & 43RD Al'EllUE RJGHT--QF-WAY

lia:1 VIS!a Pafkway Tel; (561) 697-7000· Fe):1 (561} 697-n51 AQUISJTION PARCEL NO, 1

0D @) WestPa!mBeach,Florida33411 www.arcadis-OS.com SHEET 1 Of 3

L

II I----' II '-----1.__J

ll 1------t-11 II '------1.__J

1----1 JI I

IIE

SCALE, Ci-lECKED 8Y P.c.w. P.C.W.

DATE, OAA'NN BY 10- -06 J.Af.

PROJECT NUMBER DRA'MNG NUMBER

WP001027 1027SD01A

61

BK: 2334 PG: 1687

EXHIBIT "A"

LAND DESCRIPTION: PARCEL 100 A PORTION OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 298, PAGE 399 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA BEING A PORTION OF TRACT 9, INDIAN RIVER FARMS COMPANY SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING, SITUATED AND BEING IN SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 4; THENCE NORTH 89'19'17" WEST, ALONG THE EAST-WEST ONE-QUARTER (1/4) SECTION LINE, A DISTANCE OF 369.59 FEET; THENCE SOUTH 00'40'43" WEST, A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF STATE ROAD 60 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, PROJECT NUMBER 88060-2525 AND TO THE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL OF LAND; THENCE SOUTH 00'01 '01" WEST, ALONG THE WEST LINE OF 44 TH AVENUE A DISTANCE OF 12.27 FEET; THENCE NORTH 89'31 '04" WEST, A DISTANCE OF 20.15 FEET; THENCE NORTH 77'06'05" WEST, A DISTANCE OF 58.27 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID STATE ROAD 60; THENCE SOUTH 89"19'17" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 76.96 FEET TO THE POINT OF BEGINNING.

CONTAINING 0.014 ACRES MORE OR LESS.

SUBJECT TO EASEMENTS, RESERVATIONS AND RIGHT-OF-WAYS OF RECORD.

BEARINGS SHOWN HEREON ARE BASED ON THE EAST WEST ONE-QUARTER SECTION LINE OF SAID SECTION 4, HAVING A BEARING OF SOUTH 89"19'17" EAST. ALL BEARINGS ARE RELATIVE THERETO.

CERTIFICA,TION; I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS &: MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS

. TRUE ANO CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.

NOTE: THIS IS NOT A SKETCH or SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT

PROFESSl0NAL· SURVEYOR· ·sc·MA-PPER· NO. 4213, STATE OF FLORIDA

.. PROl'ERT.Y, OR MONUMENTS .SET -IN CONNECTION- WITH--THE · · PREPARATION OF THE INFORMATION SHOWN HEREON.

DATE: 11-.Ll-06 NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY ANO EASEMENTS OF RECORD.

ii! • PROJECT 1.1,\NAGER I DEPARTMENT ilWiAGER ·. ARCA-JS P.c.w. P.c.w. f : . C . D f SHEET 11TLESKETCH OF DESCRIPTION @ ARCADIS G&M, INC. ~ FOR S.ll. 60 & 4.JRO AVE!l~ ~-Of-WAY I 2081\listaran<way T111:{661)697•7000 Fax:(561}697-ns, AQU!SmoN PAAca · @) Wes!PelmBeach,Florida33411 www.arcad~us.com SHEET 2 OF 3

DATE: 11-03--06

PROJECT NUMBER

WP001027

CHECKED BY P.C.W.

DRAWN 8Y JAF.

OAAWING NUl.(8£R

10275D018

62

BK: 2334 PG: 1688

· EXHIBIT "A'' SKETCH TO ACCOMPANY DESCRIPTION.

THIS IS NOT A 1URVEY!

-·- ,.~ I I \ 50.00'

101 +23.74 80.00' RT.

qr(;,(

1 . P.O.C. EAST 1/4 CORNER

SEC. 4-33-39

w 1--,..-0) -.,., mm +48./6 N00'01'01NE - - T v30

-00

·Rr. -r--t-12

·21

• 44TH AVENUE ~i I \ I I \

: ~~ \

-<o O>,.,, ix:,

"'

I ~ I W ~-2\i---'---1 !::::: -' I- -!-

_, =:, i:j ~ \ I ago::"' I ~ t=i"' \ I .::5 :::c I l=:f 85 \ I .----: u~ I ~8 \

. 0,

I i;; 3l

-Cl'> -0, co Cl) I U1........,,

~ I t--,----1-'-'-"~--""-.

I "' . +46.78

80.00'

y .,., "' ~ 80. 00' R . "' u..

- .,.,o dg I\ g l--:<0 t:;:;

-!- • C?iisw ~ oco:c ~ LL..'.o Ul

"' z-0:: " w ·<N a.. a (0

>-&g::i W I "' >a. . 0::..: 0 =:,::; z (/);;,; a: £El~;;::.'

+2

3.8

~ (50'_R_/,_,W),-- - -_-gt--1

92.27'RT. ~

soo·ci1'01"w

S89'31'04"E 20.15'

+03.74 92.33' R .

N77'06'05"W 58.27'

OWNER:

528.92'

( SCALE: N.T.S.

JANSU ADAMS, INC. (W02352) O.R.B. 298, PG. 399

rt't .10 At•.!'·:' SH"'QTVTC::T ,-,1 •• 1 v ,.J.Vzz 1"'1, ,: • -...-a .... """""'"'-...:. <

IP .B. 2, PG. 25 ... SLCRl LEGEND:

Cd - BASELINE <i;, - CENTERLINE

F.0.0.T.- FLORIDA DEPARTMENT OF TRANSPORTATION

O.R.B. - OFFICIAL RECORDS BOOK P.B. - PLAT BOOK PGS. - PAGES P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R/W - RIGHT-OF-WAY

~ - ACQUISITION PARCEL ~ NUMBER {§) - ADJOINING PARCEL NUMBER

'l\=--...:.:'-"56"9'21' 1.3"W - 76~87' S00'01°30"W

DEPARTMENT l.WW1ER

: • AR(ADJS i SHEET:hcH OF DESCR;;:N ii ARCADIS G&M, INC. ~ FOR S.R 60 & 43RD AVENUE RIGHT-Of-WAY ft 2081 Vi&laParkway Te[:{561}697-7000 Fax:(561)697-7751 AQU!SffiON PARCa NO. 100

@) We:stPalmB11ach,Florida33411 www.arcadis-us.com SHEET 3 Of 3

514.43'

SC/ol.E: P.c.w.

DATE, 11- -06

PROJECT NUMBER

WP001027

CH£CKED Of P.c.w.

OAAWN BY JAF.

ORAWTHG NUMBER

1027SO018

63

Re: 12" Street (Dogs for Life Inc.) Part of Parcel ID #33391100000100000007.0








• The property set forth on the Deed was recently acquired by Indian River County to obtain the ultimate right-of-way for 12th Street.






By: __________ _

Deputy Clerk

legal

Marian E. Fell Senior Assistant County Attorney


By ____________ _



64

19B8525 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2335 PG: 162B, 04/17/2009 03:25 PM DOC STAMPS D $SB.BO

Right of Way- 121h Street , Tax ID #33-39·11-00000-1000·00007.0 Instrument prepared by and should be il,tumed to the County Attorney's Office 1801 2ff' Sl!9et, Vero Beach,-FL 32960


THIS INDENTURE, made this ....!1._ day of ~ , 2009, between DOGS FOR LIFE, INC., a Florida non-profit corporation, P.O. Box 650023, Vero Beach, FL 32965, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32966, GRANTEE,

WITNESSETH THAT: GRANTOR, for and in consideration of the sum of Eight Thousand Three Hundred Fifty-Two Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land situate, lying, and being in Indian River County, Florida:



Signed i the presence of:

sign: -.!fl!~~..!.'£~ . .;c&Ju~:!...· l(!::::::!.Witness

Prfnted name: ,6:1/id.r{,(,_ L. lJ Yfj /,j"

sign: &,a- J2 · ~ Witness

Printed name: t,..-e<A 'R. f(£ t-l-e/!l.

STATE OF FLORIDA COUNTY OF INDIAN RIVER

DOGS FOR LIFE, INC. a Florid on-profit corporation

The foregoing instrument was acknowledged before me this _!1_ day of ~ , 2009, by g,,:;.Hf'flZO 1-F"FFJaW as P.X:.#'tUJ>fi!IVr of DOGS FOR LIFE, INC., a Florida non-profit corporation, who is personally knqwn tp rne er ~rad~ced

Stamped seal with printed name, Commission # & expiration date

Qi ideRtifisatiOA.

sign:_~_"---..,_tR._.~·-'~'--'----Notary Public

:C I ~ lea R Keller _.-,,.~~~ Notary Public State of Florida

~ ~ _, .z My Commission 00782675 7>r0~,,..,F Expires 05/15/2012

65

0)

"' ID ri

ii: I!) (') (')

"' ~

LEGAL DESCRIPTION; RIGHT OF WAY

A 15.00 FOOT WIDE STRIP OF LAND FOR lffE PURPOSE Of' ACQUIRING ROAD RIGHT OF WAY; SAID LAND LYING IN SECTION 11, TOWNSHIP 33 SOUTH, RANGE 39 EAST AND BEING A PORTION OF 1HDSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2254, PAGE 1949, OF THE PUBLIC RECORDS OF INDIAN RIVER CDUNlY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS

EX Htl1B·1I 0 50 100 ~--·

p C ~ 1/4, OF lHE SE 1/4,

SE OR Of THE SW

FOLLOWS, Of JHE NE 1/4. OF I GRAPHIC SCALE SECI 1!-3'-Jg I

COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER, OF THE SOUTHEAST ( JN FEET ) ~ J ONE-QUARTER, OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 11; THENCE RUN . NB9"36'D2"W, ALONG THE SOUTH LINE OF THE NORTHEAST. ONE-QUARTER OF SAID SECTION 11, J ~NPLATTED A DISTANCE OF 356.DO FEET; THENCE DEPARTING SAID SOUTH LINE RUN ND0-02'15'.W A DISTANCE OF 35.00 FEET TO A POINT NORTH RIGHT OF WAY LINE OF 12th STREET PER - - - - -OFFICIAL RECORDS BOOK 96, PAGE 348, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THE AFORESAID PARENT PARCEL FDR A POINT OF BEGINNING; THENCE CONTINUE N00'02'15"W, 15th AVENUE N00'02'15"W· ALONG THE WEST RIGHT OF WAY LINE OF 15TH AVENUE, A DISTANCE OF 15.00 FEET; THENCE 15.00'

ADDITIONAL 10.00 FOOT WIDE ROAD RIGHT Of WAY PER OFACIAL RECORDS BOOK 1366, PAGE - - - - -- - - .--i'7K DEPARTING SAID WEST RIGHT Of WAY LINE RUN NB9'36'D2"W, ALONG THE SOUTH LINE Of AN ---re __ BO1 AND PARALLEL TO SAID SOUTH QUARTER SECTION LINE, A DISTANCE OF 278.44 FEET TO A w R/W UNE POINT ON THE EAST RIGHT OF WAY LINE OF 16TH AVENUE; THENCE DEPARTING SAID SOUTH RIGHT Of WAY LINE RUN SD0-1D'54"E, ALONG SAID EAST RIGHT Of WAY LINE, A DISTANCE Of 15.00 TO THE SOUTHWEST CORNER Of THE AFORESAID PARENT PARCEL, SAID POINT ALSO LYING ON THE AFORESAID NORTH RIGHT OF WAY LINE OF 12\h STREET; THENCE RUN SB9'36'02"E, ALONG SAID NORTH RIGHT OF WAY LINE AND PARALLEL WITH THE SAID SOUTH QUARTER SECTION LINE,· A DISTANCE OF 278.40 FEET TO THE POINT OF BEGINNING.

CONTAINING: 4,176 SQUARE FEET, 0.10 ACRES, MORE OR LESS. NOifS 1. THIS SKETCH OF DESCRIPTJDN IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED

SEAL OF TI-IE FLORIDA OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON.

2, THIS SKETCH Of DESCRIPTION MEETS OR EXCEEDS ALL APPIJCABLE REQUIREMENTS OF TH[ MINIMUM TECHNICAL STANDARDS. AS ESTABLISHED IN CHAPTER 61017-B, FLORIDA ADMINISTRATIVE CODE.

3. THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS. RESERVATIONS, OR RIGHT Of WAYS NOT SHOWN AND MAY BE FOUND IN THE PUBLIC RECORDS.

4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FlELD SURVEY. EXISTING PROP£RlY CONDITIONS OR FEARIRES ARE NOT SHOWN.

11, TOWNSHIP 32 SOUTH, RANGE 39 EAST AS HAVING AN ASSUMED BEARING Of Na9·35'02"W.

DOGS FOR LIFE INC. P.1.D. No.

33-39-11-00000-1000-00007.0 PER ORB 2254, PG 1949

"- 1· - 0 wen 9 z7 ffi wn n xn ~ I "

~ ::lrJ wUUl 5~;;: II)~~

I I

L

5. THE BEARINGS SHOWN HEREON ARE BASED UPON THE SOUTH llNE OF NORTHEAST ONE-QUARTER OF SECTION L E R/W LINE

5. THIS SKEfCH Of DESCRIPTION WPS PREPARED WITH THE BENEFIT or A BOUNDARY SURVEY BY MASTELLER, __ __4 _ - _ i _ -~ ~ , 5 ~ MOLLER. REED &: TAYLOR, ]NC., ON n-iE DATE OF MARCH 12, 2008, FOR GREEN MEADOWS OF VERO BEACH, L.LC. 7 ~: I "-~ g

LEGEND & ABBREVIATIONS s00·19"s4"E ~": ~a'ii' AODL - ADDITIONAL . P.I.O. = PARCEL IDENTIFICATION lillMBER 16th AVENUE 15.00 ~::: .i""' COR = CORNER . PER PROPERTY APPRAISER'S MAP ~ m .z ul.,...

5 ~ ro .,, <O

6

ro 0 0

$ N

~

rn , ~ ~

0 rn • ~ "' "' I "' N

:;. rn • ;;-"' N o,. /

" u w ·e-0. ~ w 'ii 0 u

/ IRFWCD = 'rNDIM RIVER FAR~i:; POB = POINT OF BEGINNING --1- SW COR o:: ~ ! i) ff WATER Cr-N'f.ROl. O\STRICT POC = POINT OF COMMENCEMENT __ _ _ ' - - --- - -

PB = PLAT BbOK R/W = RIGHT OF WAY PBS = St. LUCIE COUNTY PV.T l;IOOK SEC = SECTION·· TOWNSHIP-RANGE VERO BEACH 7

1 CER-TIFICATION - ELEMENTARY I SCHOOL

't u • rn .;;; C

ki:@d,J ,r )· s:L) ifA::.-:-,, I 1/l '{ -0"6 --- . DAVID M: SILON P.S.M. DATE THIS IS NOT A BOUNDARY SURVEY

FLORIDA REGISTRATION No. 6139 SKETCH TO ACCOMPANY LEGAL DESCRIPTION

INDl!lli__fl_lYEB. ASSISTAl>II _c::oUNTY~URV£(0R PREPARED FOR INDIAN RIVER COlJNTY ENGINEERING DEPARTMENT

'NDIAN ~IVEB COUNTY ADMINISTRATION eu1LDINGl8. · /NO/AN RIVER COUNTY D>AWN av, SECTION ff I SKETCH ANIJ IJ£SCR/PT/ON OF • 1801 27lh STREET ~ • w 0.S/LON TOWNSHIP 3.'3.'S.''

vrno BEACH. fl. 32'16o -.,~. Oepartnyenl _of Pu~/~c. rrorks APPROVED av, •1 RIGHT OF WAY ACQUISITION (n>J 567-0000 , £ng,neer,ng 01V1s1on O.S/LON RANGE _39£. 1

SHEO

-~ w C 'in C

'" < ...

1/ ___ aJ

<.O <.O

Re: 49° St and 66'" Ave (Don and Pam Groves) Part of Parcel ID #32391900006000000002.0



WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taices, 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, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed lo make proper entries upon the records lo accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, Florida Statutes;



• The property set forth on the Deed was recently acquired by Indian River County to obtain the ultimate right-of-way for 491

h Street and 661h Avenue.






By: __________ _

Deputy Clerk

as to form and legal


By ____________ _



67

1993143 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2340 PG: 1896, 05/12/2009 10:37 AM DOC STAMPS D $35.70

61. '!' CJ· t)

3 C' '7 C! Aigh,of Way- 49th StreeV66'" Avenue Parcel ID #32-39-19-00006·0000-00002.0

C' - Instrument prepared by and should be returned to the County Attorney's Office


THIS INDENTURE, made this ::<.cfl day of O lvt; J , 20;;, between DON GROVES and PAM GROVES, husband and wife,'6780 49th Street, Vero Beach, FL 32967, GRANTOR, and INOIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, GRANTEE,

W/TNESSETH THAT: GRANTOR, for and in consideration of the sum of Five Thousand Seventy One and 50/1 oo Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S successors and assigns forever, the following described land, situate, lying, and being in Indian River County, Florida:

SEE EXHIBIT "A" ATTACHED HERETO ANO MADE A PART HEREOF

AND GRANTOR does hereby fully warrant the title to the land set forth on Exhibit "A" and will defend the same against the lawful claims of all persons who ver.


sign: 00-C£rb,1&,-b~ ~ Witness to both

printe~?~rnbrue-

s,gn:.,,,~=--d'~'---~=-----4,,.~~-----' Witness to both

printed name: Tcxm1y Scott

STATE OF FLORIDA COUNTY OF IND/AN RIVER

instrurrw!1t was acknowledged before me this ~ day of -';'.;;~~~mm~~2::;;00~1,, by DON GROVES and PAM GROVES, husband and wife. They ar p rsona y nown o or produced _____________ as identification.

Stamped seal w'1th prtnted name and commission#:

~:':,,. SANDRA B PACK .:.;_.J MY COMMISSION# DOS64866

'':.\.,~~' EXPIRES: JallC' Ul,21JIO t'"1flJIIHIA ~NollrySnoa.00111

sigk.'.Ja, d, o -6. fbck. NOTARY PUBLIC

68

BK: 2340 PG: 1897

.

.

EXHIBIT A SKITCH TO ACCOMPANY OESCRIPTI0N. THIS IS NOT A SURVEY!

LOCATION MAP: NOT TO .SCALE . -

{519111 ! . ·i 6•= ·~·- I • -:.11.L 0 . --.. - .. c ' st. 17 fliil1il! 16/, -o : 13 ·c: 59th

i g ~l ~1-~- ,a ~ • Relief , ..fBD.C!.! a,: : .5, 53rd < ~---- OWNERS; ,"'St .. ....J --- DON GROVES AND PAM GROVES -s-=-~l s~ '° ' . ~ C I G) I 49t (0. :St. 20 < 21

/;. . i 24§j 19 :;;;---········':! -:.❖~❖:-:.:-:+:-:

' • a,: . 45tn st.

LEGAL DESCRIPTION: PARCEL 141 ' A PARCEi. OF I.AND B.;INI, 1llE sovrn 20.0D FEIT OF PARCa 2 SHOWN .ON 11-IE "ROUX" AFFIDMT OF SCEMPTION

AS RECORDED IN OF~ RECORDS BOOK 1632, PAGE. 2161 OF THE PUBUC RECORDS OF SAINT WCIE ,C()UNJY, FLORIDA. LYING WillilN- TRACI' 8, INDIAN RIVER · FARMS CO.PLAT OF LANDS, ACCORDING TO THE PLAT 1llEREOF, AS RECORDED. IN PLAT BOOK 2, PAGE 25, PUBLIC -RECORDS, SAINT LUCIE COUNTY, flORlllA, A1L SAID . lANDS LYING WIJHIN. SECllON 19, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDlAN RNER COUNTY, f!DRIOA. , _ _-

COi'lfAINING {):098 _ACRES, MORE OR LESS.

So\lD. PARCEL OF LAND LYING WllHIN THOSE LANDS AS DESCRIBED IN OFFICIAL: RECORDS BOOK 1635, PAGE 2763, PUBLIC RECORDS, INDIAN RIVER COUI-IJY, FLQRIDA. '.

'. " " . ' ' . " - .. ' " '

. '

'•

CERllt=lCATION: I HEREBY CERTIFY 1!1A.T THE DESCRIPTION AND ATTACHED SKElCH ·oj:- llfSCRll'IION WERE PREPARED IN ACCORDANCE WITH lHE SURVEYING STANDARDS.· CHAPTER 61Gl7-5. FLORIDA·ADMINISTRATI\IE COO.,~ SE:r FORlll E1f THE FLORIDA

"BOARD OF. PROFESSIOIW. SURVE'roRS & MAPPERS, PURSUAllr 10 SECIION +72.l)2.7, RIDA STA1UlES, ANO IS lRUE ANO CORRECT TO 11-IE -BEST OF ll'f KNOWUDGE AND BalEl'. UNLESS rr 81:ARS lHE SIGNATURE AND 1HE ORIGINAL RAISED SE"Al. OF A FLORIDA LICENSED _ SURVEYOR AND MAPPER, THIS LE<W. DESCRIPTION NIO SKEICH IS FOR INFORMAlloNA\- PUR!'OSfS QNLY ANO IS NOT VAUO. • .

NOiE: IBIS IS NOT A SKfl'CK- OF SUIM:Y, eur ONIY A GRAPHIC llEPICTION OF THE: lll:'.SCRIJ'liQN SHOWN -HEREON. lHERE HAS BEEN NO FlElD WORK, \1£WING OF lHE .

PERRY C. WHITE SUBJE:tl' PROPER!)', OR MONUMEN!S SELIN CONNECTION WITH THE PREPARATION OF THE l~llbN SHOWN PROFESSIONAL LANO SURVEYOR AND MAPPER HEREON.. N0'lE: LANDS SHOWN HEREON WERE NOT LICENSE NO. 4213, STATE OF FIDR!DA ABS1llACTED FOR R£STRJCTIONS, RlGI-ITS-OF--VIAY AND

DATE: O'!i/~/07 cASEMENTS OF RECORD. ;,.-

aARCADlS. ff<Oltr""'-"ill ,-- r..sct ~...- Tit

f PCW - f'CI Pall

:f HET'lm.E ...... !IRAINT/t

I Ii! 03/2J/al J>F

ARCADIS U.S., INC. s ADOmoNAL R/W -- . .....,..,.,.., .. Ii '1Jl81 """l'IIIW<J T"(SB1}607-700J Ftx:(lilijtl97-77'1

SHm' 1 (If 2 Wl'001053 10538[)1,H

® W&t:lf:'ab:Baatll,Rol'lda:33411 IW,'U~

69

BK: 2340 PG: 1898

SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A S\JRVEY!

LEGEND: l- BASEUNE !RFC - INDIAN RIVER FARMS COMPANY L - LEFT O.R.B. - OFFICIAL RECORDS BOOK P.B. . - PLAT BOOK PG. - PAGE R - RIGHT R/W - RIGHT-OF-WAY STA. - STA110N S.L.C.R. - ST. LIJCIE; COUN1Y REC\JRDS

TRACT 7 P .B; i PG. 25, S,LC.R.

STA: 492+82. 19 · ·offs&: :is.co L

N00'09'46"E 19.99' ·

. 9 +92+00. iii ~g

STA: -1!12+82.l7 -OFFSET: 16.C\1 L

·QWNERS: DON GROVES ·ANO PAM (;ROVES

'b . "'

II • -i L----------,--,----,

WP001053 10535D1.4

70

Re: as'" Street (Allen Chapel AME Church Trs) Part of Parcel ID #31393200000300000001.0






NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IND/AN RIVER COUNTY, FLORIDA, that:


• The property set forth on the Deed was recently acquired by Indian River County to obtain the ultimate right-of-way for 85th Street.


The resolution was moved for adoption by Commissioner --------~ and the motion was seconded by Commissioner --------~ and, upon being put to a vote, the vote was as follows:




By:-----~,--,-----Deputy Clerk

Approved as to form and iegai

SU~

By MarianE.Fett Senior Assistant County Attorney


By ___________ _



71

l995075RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2342 PG: 1988, 05/21/2009 01:20 PM DOC STAMPS D $7.70

R/W - 85th Street T"" ID #31·39-32-00D00-3000·00001.0 ' . Instrument prepared by and should be returned to the County Attorney's Office


THIS INDENTURE, made this ./!,Q_ day of ~ , 2009, between WILLIAM WILSON, JR., as President of the Trustees of Allen Ch pef AME Church, P.O. Box 676, Wabasso, FL 32970,.GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, GRANTEE,

WITNESSETH THAT: GRANTOR, for and. in consideration of the sum of One Thousand Sixty and .88/100 Dollars and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land situate/lying, and being in Indian River County, Florida:

See Exhibit "/J:' Attached Hereto and Made a Part Hereof



sign:~~ Witness _

Printed name: <f7e0-e(cjc (fjt-e:NN

sign:~J2 .. ~ Witness ,,.,_,__ ,1.t.e.12

Printed name: J..£A ~. n -

STATE OF FLORIDA COUNTY OF INDIAN RIVER

TRUSTEES OF ALLEN CHAPEL AME CHURCH

ByW~W~Jl William Wilson, Jr., Pre dent

The foregoing instrument was acknowledged before me this .t1/.Q__ day of ~ 2009, by William Wilson, Jr., President as Trustees:9! All~ Chapel AME. C. hurch. They are personally known to me or produced ~ ~ as identification.

Affix stamped seal with printed name, Commission # & expiration date:

sign: !f?e.a (». ~. et2.e.A -Notary Public

,p-,P~~j\. Notary Public State of Florida • • Lea R Keller ~.::., , ,.; My Commission D0782675 ~ o, r,..fit"- Expires 05115/2012

I 72

BK: 2342 PG: . 1989

PARCEL 220

31393200000300000001.0

PARCEL 220 I EXHIBIT..._A __ ~

BEfNG A PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE APPARENT LOCALLY ACCEPTED NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECT! ON 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE RUNNING ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF TH£ NORTHWEST QUARTER OF SAID SECTION 32 NORTH 89"31'43" WEST,. !BEARINGS ARE BASED ON SAID NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 32 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO>, A DISTANCE OF 30.00 FEET TO A POINT; THENCE SOUTH 00"35'09" WEST, A DISTANCE OF 40,00' FEET TO THE POINT OF BEGINNING

'THENCE SOUTH 00'35'09" WEST, WITH THE WEST RIGHT OF WAY LINE OF 64th AVENUE, A DISTANCE OF 14,25 FEET TO A POINT; THENCE NORTH 63"07'29" WEST, A DISTANCE OF 32,04 FEET TO A POINT; THENCE SOUTH- 89" 43' 31" EAST, W l TH THE SOUTH RIGHT OF '1/AY Ll NE OF SAID C.R. 510 A DISTANCE OF 28. 73 FEET TO THE POINT OF BEGINNING

CONTAINING 205 SQUARE FEET OR 0,005 ACRES, MORE OR LESS.

ABBREVIATIONS & LEGEND

P.O.B. POINT OF BEGINNING P.O.C. POINT OF .COMMENCEMENT O.R.B. OFFICIAL RECORD BOOK EX 1ST. EXISJING SEC, SECTION Ii. BASELINE FD FOUND Pl POINT OF INTERSECTION STA STATION C.R. COUNTY ROAD COR, CORNER

NOTE:

D.R. OFFICIAL RECORD QTR QUARTER TWNSHP TOWNSHIP TJJF TRUSTEES OF THE

INTERNAL IMPROVEMENT FUND PG PAGE LT. LEFT RT. RIGHT SQ.FT. SQUARE FEET R/W RIGHT OF WAY ACS. ACRES I:,. DELTA

· }llS DESCRIPTION AND SKETCH IS NOT VALID UNLESS ALL SHEETS ARE INCLUDED.

lrl·z1-o) G. MARTIN BURDETif:. P,S,U. 4136 DATE:

INlfr VALID WIYHOUT THE SIGNATURE AND RJ !SEO SEAL OF A FLORIDA LICENSED SljWEYOR .!. MAPPER

1!!!i !1£Ttf. ! ~!AlES, !MC, 154 SlCM:IMI.L DIIIVE VE.I 11£.t.CH, fl 3296"

I~~~""""' G, ;~i-111 BIREm, P,S,W..ttJE JIIEVISIOII

LS 14-123.dgn 10/2912007 11:06:55 AM

NOT A SURVEY INPIAN RIVER COUNTY

RIGHT -fl WA.f IMPPINO

RIGHT OF WAY PARCEL SKETCH PARCEL 220 COIJNTY ROAD $10

161PSPZll:~IJIIOH l''IJ.a-llO,'S BOliDETTE a A550CU,T[$, INC. ___ __ --

ISULE&N;A

C,FI, SID FAOY 1ooa• £AST !SKEET f Of 2 OF TStH COURT TO 62ND AV£,

. I

73

BK: 2342 PG: 1990

·* XIST.

OTE:

0

,,

0 20 40 80 120 -- -Sc0le1 I· • •fO·,.. .... 100.00'

soo• 3S'09"W · 401

"

L

soo· 35•09•w...--:: N oo• 35 • o9 •• E 40.00' '-

64th AVE, <BROXTON RO, J

TOWNSHIP 31 SOUTH, RRIGE 39 EAST 268•44.51 15.00' CLD

C.R. 510

PARCEL 220

Io· g

!;;!J V>

;;;') ' "' r

"' V>

co ";

"' ti ~I

T IS DESCRIPTION ANO SKETCH IS NOT'VALIO UNLESS ALL SHEETS AR INCLUDED; NOT A SURVEY IN0IAN RIVER COUNTY

RIGHT OI' UY -ING

BEARJNGS SHOWN HEREDII ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM EAST ZONE NORTH AM£RICAN DATUM OF 1983/1999 READJUSTMENT. THE NORTH LINE OF THE NW DTR OF SEC, 32-31-39 BEARS NB9'31'43'W AND ALL BEARINGS SHOWN HoREON ARE RELATIVE THERETO

TIE & '5$11;:I r.ru, IWC. I -$tOIOM,l oitl wt

IIOOI, fl l2H6 .. ' 12 2,H.411 llN DIJIIXTit, P,S,.ll.•136

LS 14-123.dgn 10!29/2D0711:06:451',M

I

,, .. ,.

RIGHT OF WAY PARCEL SKETCH PARCEL 220

f'ULIII

FINAL JC l•ZOCl7

CM:CIIEI> .. 1·1007

IM!'E'PMPARil!l!I' IIUIUlETtt 4 ASSOCJ.UES, JNC,

C:,A, SIO FROM 1000• E.IS't

Df 15TH COURT TO 62ND AV£,

CIIJNTY IIOAII !H 0 ....

SHEET· 2 or 2

74

TO:

Indian River County, Florida Memorandum

Joseph A. Baird, Co

THROUGH: Jason Brown, Directo ,

FROM: Beth Martin, Risk Manag

DATE: June 2, 2009

SUBJECT: Mediated Settlement; Egan v. Indian River County

It is requested that the Board of County Commissioners consider the following at their June 9, 2009 regular meeting.

Background Karen Egan was injured on April 20, 2007 when a County-owned public transit bus operated by the Senior Resource Association (SRA) struck her automobile. Mrs. Egan was hospitalized and underwent back surgery as a result of her injuries; her car was a total loss. The SRA driver was cited at-fault by law enforcement. Mrs. Egan and her husband, J.B. Egan, represented by Grall, Glenn and Grall, filed suit against the County.

Recommendation On May 21, 2009 the County's Claims Review Committee consisting of the County Administrator, County Attorney, 0MB Director and Risk Manager with advice from Paul Berg, defense counsel, approved the May 8, 2009 mediated settlement of $70,000.00 for Mr. and Mrs. Egan. In keeping with administrative policy, staff now requests Board approval of this settlement.

If additional information 1s needed, please contact Beth Martin, Risk Manager, at Extension 1287.

APPROVED FOR AGENDA:

Indian River County Ar tt'8:Ved Date Administration l SJ Legal I'/ -i- 15/~ Budget (I- 6 ~ Risk Management n. I ,.

n6•1J.1-Department ./

"'l

a

75

TO:

FROM:

DATE:

SUBJECT:

Indian River County, Florida Memorandum

Joseph A. Baird; County Administrator Will Collins, County Attorney Jason Brown, Director, 0MB

Beth Martin, Risk Manager✓ May 19, 2009

Proposed Settlement; Karen and J.B. Egan

On May 21, 2009, the Claims Review Committee will meet to discuss the mediated settlement of Karen Egan's April 20, 2007 bodily injury claim and J.B. Egan's consortium claim which arose from this collision.

As a brief review of this claim, previously brought before this Committee, Ms. Egan was driving east on State Road 60 when her small car was struck by a Senior Resource Association bus. The bus driver, Tiffany Thompson, a former SRA driver, was cited atfault Mrs. Egan was transported by ambulance to Indian River Medical Center where she was treated for injuries including a spinal cord injury that required surgical repair; her car was a total loss. Although Mrs. Egan's health has improved significantly since this injury, she continues to have pain and will require ongoing palliative treatment.

The Egans, through their attorneys Erin Grall and Patrick Grall, settled their uninsured motorist claim for $120,000. While the County would not be able to introduce that settlement at trial, we persistently reminded the Egans that the County would certainly consider it for mediation purposes. With that said, the claims were valued at approximately $250,000. The negotiated settlement, pending approval of this Committee and the Board of County Commissioners, is $70,000.

Staff recommends settlement of this claim in the amount of $70,000. Please let me know if you have questions prior to our meeting.

Cc: Paul Berg, Defense Counsel

76

KAREN and JOSEPH B. EGAN, her husband

Plaintiffs

vs.

INDIAN RIVER COUNTY and SAFECO INSURANCE COMPANY OF ILLINOIS

Defendants

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA.

CASE NO: 2008-1397-CA-10

SETTLEMENT AGREEMENT AT MEDIATION

The parties hereto have reached the following agreements in full and complete

resolution of the above styled litigation:

1. The Defendant, Indian River County, agrees to pay to the Plaintiffs the total

sum of $70,000.00, subject to and contingent upon the approval of the Indian River

County Commission, said payment to be made within 20 days of the date of approval

of the settlement by the County. If the County Commission fails to approve this

agreement, then this entire agreement is null and void.

2. Following approval of this settlement by the County, the Plaintiffs shall

dismiss their lawsuit with prejudice, in exchange for the payment described in

paragraph 1 above.

3. Following approval of this settlement by the County, the Plaintiffs shall

execute a full and complete release of the parties named as Defendants in this action,

and all other persons, firms, corporations or other entities in privity with the named

77

releasee(s) at the same time as receiving the payment set forth in Paragraph 1 above.

4. The Plaintiffs agree to protect and hold harmless the released parties from

any claims and/or liens and to satisfy out of the settlement proceeds any said claims

or liens of any nature that may attach to the settlement proceeds before the balance

of the settlement proceeds are disbursed.

5. All parties agree to bear their own costs and fees.

6. This agreement is final and binding as of the date and time it is signed by or

on behalf of the parties.

7. Other agreements: The County expects the claim review process will take

from 30 to 90 days. The County agrees to use its best efforts to complete the

settlement process in an expeditious manner.

Done and agreed to on this 8th day of May, 2009 in Vero Beach, Florida.

Defendant/Representative

Attorney for Plaintiff

H. rennan, Mediator

78

s e C

FLORIDA-TRAFFIC CRASH REPORT LONG FORM

MAIL TO: DEPT. OF HIGHWAY SAFElY & MOTOR VEHICLES, TRAFFIC CRASH RECORDS, NEIL KIRKMA,'IJ BUILDING, TALLAHASSEE. FL 32399--0537

I DD NDTWRITE IN THIS SPACE

0 c ,.

4TEOF

1

c:: 1

_,..,,., TIME OF CRASH [TIME OFFICER NOTIFIED !TIME OFFICER ARRIVED l!NVEST.AGENCYREPORTNUMBER l"'qMVC nR~~R~OR~N~" ?R

3 ,.,_, u , 1 r. ~.::-~AM •,. 1, ·.3~A" •,. 1 r.351'5<JA. •,. z.oc::s, 142.'-I : , h ,.1 h -~ >,cCO~U~N."TY+,l;C;.ITY,."°'C~OiO~E....:+~F~EET,;,_;6 ~oc-{<=1~M;ll;E,IS~J=i'-'1~N..L~S-L.~.~E~."-"W='<:::'.-.!aaa!.C:::.ijC~ITY~O~R~T~OW'.J'N""'C::-"'dC'.'._L~::::'.~'...!(C~h=ec=k~lf~lo~C=10~0~,T~o~wJo)L_L~CJO~U~NLTY~~!...':tJ,./_.C:..~LJ

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3LANES r::l 1.DIVIDEO IONSTREET,ROAOORHIGHWAY

~ ZUNDMDEO IC\ +Ir, "'?1.-AC.e E ATTHEINTERSECT!ONOF (streetraadorhi~hway) or\ FE-ET MILE{S} I N S E w FROMINTERSECTIONOF {streef,roadorhighway)

i= lto+"' A✓e:r-i~E" I - 0000 DRIVER 1. Phantom

CTION 2. Hit & Run A 3.N/A

TRAILER OR TOWED VEHICLE INFORMATION

YEAR MAKE

02 ~ \Jt!J 4 I 5 6 7 ii:g~~~~rriage

1 I 5( ! 6 l 7 8 ~nf~~~hield

TYPE USE I VEH. LICENSE N_UMBER

Of) D'-1. ih-r-JI 1"2.?,~ TRAILER TYPE

STATE VEHICLE IDENTIFICATION NUMBER

- --------• I,,. SHOWFIRSTl'O!NT .-- -- !4 I] 12 ! l I [0 9 OFVEH!CLE 1-7

VEHICLE TRAVELLING ON AT Est MPH Posted Speedll EST. VEHICLE DAMAGE 1. Disabling [I] EST. TRAILER DAMAGE !DAMAGE ~ N ~ E W ...u,,_ o.--4-h-r, ID :2_,.... \\,: 2.Functional \ ANOCIRCLE

~ n IV D n llo A-,/EN'-<E: h ,LAce :;,v 3.ooo.00 J.NoDamag, OAJAAGSO.SS<{SI

j a> MOTORVEHICLE INSURANCE COMPANY (LIABILITY OR PIP) I $ POLICY NUMBER j VEHICLE REMOVED BY: 1. Tow Rotaffon List · 3. Driver i::7 -~ L- ,.,. r.J e)(c.e~-t- -suefL.L4!$, G.1-AS-EX-00000,q .. d ........,<i:\c:IS -re..........,) 2.TowOwner'sRequest 4.0lher ~

O ~ NAME OF VEHICLE OWNER {Check Box If Same As Oliver) 0 CURRENT ADDRESS (Number and Street)) ClTY AND STATE ZIP CODE

n > ::r. ...rt:>::C:"',N B.:Df.,:::,r?. C.Ou....r{'"/ l '2.40 2. ~-+h -::,T'-e.ee'l '1E1Zo~--·· ~ NAME OF OWNER ( Trailer or Towed Vehicle) CURRENT ADDRESS {Number and Street) CITY AND STATE I ZIP CODE

1o - -C r-c,AM=E~O~F~M~D~T~O~R~CA~R~R~,E~R~(~Co-mm~,~"~,a~,v~,~hic71,7,0'o~,,1~---~,,U~RR'E'N~T'A'D'DR"E~S~S7.(N7"-mb=,~,.="7'•s,=,=,,~1------~c~1T'Y-S'T~AT"E'AN=o~,=,,=c~o~, .. ,---~7u~,"D~O .. T-o,71C .. C~M~C~l~DE'N~T~IF'ICA~T .. ,D .. N-NU7 M7 8~E .. R""s

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1 ALCIDIRUG PHYSI.OEFI REIS. RACE SEX I INJ. I S. EQU!P.· I EJECT.

TYPE ENO. 1 Blood J Urine 5 None - r..J I ' 1 I I I I t'5\-Z.-Bl?>-'2:Z.-SZS-D fl.. Z I 28,ea•4R•f""' ::, .f"J I Z Z. ? HAZARDOUS MATERIALS PLACARDED JFYES. INDICATE NAME OR 4 DIGIT NUM8ER FROM DIAMOND OR BOX WAS HAZARDOUS RECOMMEND ORl'JER RE.EXAM, OR!VER'S PHONE NO. BEING TRANSPORTED ON PLACARD. AND 1 DIGIT NUMBER FROM BOTTOM OF DIAMOND. -----, MATERIAL SPILLE9L-=-i IF YES EXl'tAIN IN NARRATIVE . · .

1Yas2No rn 1;as2No. ~ I -tiY11.12No _ I Z.l 1v ... 2No ~ {"11"') 5t..,q-cRo3t DRIVER 1.P~antom ~ YEAR MAKE TYPE I USE VEH.UCENSENUMBER STATE VEHICLEIDENTIFICATIONNUMBER r 2 3 4 I 5 6 7 18,Undercarriage

ACTION ,.H,t&R"" " • ~ 01 01 "" -· ,,. ... a,.,; .,. ,- 19.0,ert"m

S h=='-s· !!-N l!f'A==.,';e="+t,:::,_.__+.._H.co=.:."'____c v.__..!A;:,._i-;TR,.:A~ILE"R::::TYc"P'=E-l~=B=t,_--'Y,=::n:>=-+-'-...... -"'-+-""'~=='-"-'-'=·loe:•-'c_:,:..,.c .... ::::.,7c,O:::'-i_.:_l""'=::,=---t t 15 I I 16 17 8 ~~-· Tw;;,a~,',,',hield

TRAILER OR TOWED VEHICLE INFORMATION _ - - -- SHOWFIHSTl'OINT

e - .._!~~!3 [2\\i 10 9 oFYEHIClE [D VEHICLE TRAVELLING f'N AT Est MPH IIPosted Speedll EST. VEHICLE DAMAGE 1. Disabling [iJ EST. TRAILER DAMAGE IOAMAGE

C N S E W ~ .+h j 2. Functional l ANO CIRCLE

1 ~ n n 111t o '"' ?L.-,AC.E: II. A\l&,1~ 4D 4D '< e;t,o .oo , No Damage ''"'""'"'" MOTOR VEHICL'E INSURANCE COMPANY (LIABILITY OR, P) POLICY NUMBER • IVEHJCLE REMOVED BY:

~ "'.SAf'"eC...o ,JI= f\lc2.'iC.,'\5°' C.l-¼ZtzS1:5 -rov-l

0

1. Tow Rotation List 3. Oliver

CURRENT ADDRESS (Number and Street)) CITY AND STATE

2. Tow Owner's Request 4.0lher OJ ZIP CODE ""ill NAME OF VEHICLE OWNER (Chee~ Box If Same As Driver) g

n > NAME OF OWNER { Traller or Towed Vehicle) CURRENT ADDRESS [Number and Street)

2 • CITY AND STATE ZIP CODE -

~ NAME OF MOTOR CARRIER (Commercial Vehicle Only) CURRENT ADDRESS (Number and Street) CITY, STATE AND ZIP CODE ! US DOT or ICC MC IOENTIFlCATlON NUMBERS

-~ ~=====-~..::::=::::=:===~--~====~:====~----------===:===~J:t;:;±'::::J'::::t:;t::;J:;::-:-t::±::j/ a> NAME OF DRIVER ( Take From Driver license) I PEDESTRIAN CURRENT ADDRESS (Number and Street)) CITY, STATE & ZIP CODE DATE OF BIRTH

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TYPE E~- 1 Blood J Urine 5 None e r I I . EZ:SO - 5 II - '-i ?,- •JI 1 -o (., ::, 28raa"4 R•'""' ;:> .T .

WAS HAZARDOUS MATERIAL PIACAROEO IF YES. INDICATE NAME OR FOUR DIGITNUMSERFROM DIAMOND OR SOX WAS HAZARDOUS RECOMMEND DRIVER RE-EXAM. ORIVER"S PHONE NO. BEING TRANSPORTED ON PLACARD ANO 1 DIGIT NUMBER FROM BOTTOM OF DIAMOND. r:::=i. MATERIAJ..SP1LLEl17--=i IF YES EXPLAIN IN NARRATIVE

> <• 2 ,o ~ "" 2No ~ ~ = "": ,o ~ "" 2No [zj I 'TI 2.J 51:., 1 - 57.,C.,Q i:. ~___JRAU.ER. 1r • " 1 ~ LOCATION

01 Automobile 01 Private Transportation 01 Single Semi Trailer 1 County of Crash 1 No Defects Known 1 Not Drinking or Using Drugs IN VEHICLE 02 Van 02 Commercial Passengers 02 Tandem SemiTrailer 2 Elsewhere in State 2 Eyesight Defect 2 Al coho!- Under lnffuence

C OJ light Truck/ p .U.- 2 or 4 rear tires OJ Commerci~ Cargo 03 Tank Trailer 3 Non-Resident Out of State 3 Fatigue/ Asleep 3 Drugs - Under lnfiuence 1 Front Left ._g 04 Medium Truck. 4 rear tires 04 Public TransportaHon 04 Saddle Mount/ Flatbed 4 Foreion 5 Unknown 4 Hearing Defect 4 Alcohol & Drugs - Under lnUuence co 05 HeavyTruck.-2ormorerearaxles 05 Public School Bus 05 BoatTrailer ""n! 5 Illness 5 Had Been Drinking ~ 06 Truck Tractor (Cab-Bobtail} 06 Private Schoo! Bus 05 Utility Jrailer 1 A 2 8 3 C 1 White 6 S&izure, Epilepsy, Blackout 5 Pending ALC/ORUG Test Results ~ 07 MotorHome(RV} 07 Ambulance 07 House Trailer 4 D/Chauffeur 2 Black 7 OlherPhvsicalDerect

,.2 08 Bus(driver+seatsfor9-15) OS law Enforcement 08 Pole Trailer S E/Operalor 3 Hispanic "' _s 09 Bus [ driver +seals far over 15) 09 Fire I Rescue 09 Towed Vehicle 6 El Oper.-Rest 4 Other 1 None

10 Bicycle 10 Mirrtary 10 Auto Transport 7 None 2 Possible ~ 11 Motorcycle 11 Other Government 77 Other REQU!RED J Non-Incapacitating O 12 Moped 12 Dump 1 Male 4 lncapacita~ng

U iJ All Terrain Vehicle 13 Concrete Mixer 1 Yes 2 Female 5 Falal(Wilhin30Days) 14 Train 14 Garbage or Refuse 2 No 6 Non-Traffic Fatality 15 low Speed Vehicle 15 Cargo Van 3 No Endorsement 77 Other 77 Olher Reouired

HSMV 90003 (REV. 01102) Page ..__.L._ Of _.:i_

1 Notlnuse 2 Seat Belt / Shoulder Harness 3 Child Restraint 4 Air Bag - Deployed 5 Air Bag • Not Deployed 6 Safety Helmet 7 Eye ProrecOon

2 Front Center J Front Right 4 Rear Left 5 RearCenter 6 Rear Right 7 In Body or Truck 8 Bus Passenger 9 Other . 1 No 2 Yes 3 Partial

s e C

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0

n

3

1. Phantom • YEAR MAKE TYPE f USE VEH. LiCENSE NUMBER STATE VEHICLE IDENTIFICATION NUMBER 2 I l DRIVER . 4 5

•6~ ACTION 2.H1t&Run

10] 19. Ov

3.NIA t6 17 2 ndshield

TRAILER OR TOWED VEHICLE TRAILER TYPE 1. Trailer INFORMATION , SHOW FIRST POINT

14 I !3 ;.,-r' t to g OF VEHICLE • VEHICLE TRAVELLING ON AT Est MPH rosted Sp~-ed EST. VEHICLE DAMAGE-.!. 1. Disabling

Q ~- RAILER DAMAGE DAll'IAGE

N s E w 2. Funcfonal ANO CIRCLE

D nnnn - - - · - -- ·· -3:NoDama ---- -- . - .. DAMAGED AREA!S)

MOTOR VEHICLE INSURANCE COMPANY (LIABILITY OR PIP) POLICY NUMBER i-VEr~-: 1,.Tow Rotafon List_ 3. Driv.er • _(!) - - - - . ---0 2. Tow Owner's Request 4.0ther ::c (!) NAME OF VEHICLE OWNER {Check Bex Ir Same As Driver) D CURRENf ADDRESS {Number and Street))

~ ClTY AND STATE ZIP CODE

> NAME OF OWNER ( Trailer or Towed Vehicle) - CURRENT ADDRE~S (N~ C!TYANDSTATE Z!P CODE

D C NAME OF MOTOR CARRIER (Commercial Vehicle Only) ~~_,s (Number and Street) Cl1Y ,STATE AND ZJPCODE US DOT or ICC MC IDENTIFICATION NUMBERS

"' ·c: I I I I -"' "' NAME OF DRIVER (Take From Driver license)~ CURRENT ADDRESS (Number and Slree!)) CITY, STATE& ZIP CODE DATE OF BJRTH ,:;,

"' CL DRIVERUCENSEN~ )STATE l DL: I REQ. ALCJDRUGTESTTYPE • RESULTS rC/DRUG HYS.OEF.I RES. l RACE SEX INJ. I $.EQUIP. !EJECT.

TYPE END. 1 $Iood 3 Urine 5 None I J I I I I I 2 Breath 4 Refused •

~R~~~S i lPlACARDED i IFYES. INOJCATE NAME OR 4 DIGIT NUMBER FROM DIAMOND OR BOX rAS HAZARDOUS RECOMMEND DRIVER RE-EXAM. ]°RIVER'S PHONE NO.

D ON PlACARO ANO 1 DIGIT NUMBER FROM BOTTOM OF DIAMOND. MATERIALSPlllED? IF YES EXPlAIN IN NARRATIVE - 1Y"-•2No D 1Yes2No 011 I D 1Yes2No 0 1Yes2No 0 f I

# PROPERTY DAMAGED - OTHER THAN VEHICLES EST.AMOUNT OWNER'S NAME ADDRESS CllY

1 ' # .PROPERTY DAMAGEi• -OTHER THAN VEHICLES OWNER'S NAME ADDRESS CITY STATE ZIP

2 I

- "' '" ,c 01 No Improper Driving/ Ac~on [j] m [1] 01 No Defects [j] m [1] 01 StraightAhead m m [j] 1 None [j] m [j] 02· Careless DllVing [Explain In Narrafive)

~l01v1 02 Der, Brakes

~~[2] 02 Slowing/ Stopped/ Stalled

@!J~!Z] 2 Farm

OJ FailedToYieldRight-of-Way OJ Worn / Smooth Tires 03 Making Left Tum 3 Pol1cePursurt [1][00 . 04 Improper Backing 04 Defective / Improper 04 Backing 4 Recreaional • 05 Improper lane Change

000 -lights

[ZJCZJ[ZJ 05· Making Right Tum 11 Passing 5 Emergency OperaHon

06 lmproperTum 05 Puncture/ Blo\_'/out 06 Changing Lanes 12 Driver!ess.or 6 Construction / Maintenance 07 AlcohOI • Under Influence 06 S!eering Mech. 07 Entering/ Leaving/ Parking Sp_ace Runaway Vehicle 08 Drugs - Under Influence

000 07 Windshield Wipers 08 Properly Parked 77 All Other {Explain I No!Applicable [j] m [1]

09 Alcohol & Drugs - Under Influence 08 Equipment/ Vehicle 77 PII other 09 Improperly Parked In Narrative) 2 Shipping Papers

OJ[I][ZJ 10 Followed Too Closely Defect /Exo!ain In Narrative\ 10 Making U-Tum 3 Vehicle Side 11 Disregarded Traffic Signal " 4 Oliver 12 Exceeded Site Speed limlt 19 Improper Load 01 On Road m m [j] 5 Other 13 Disregarded Stop Sign 20 Disregarded OtherTralfu: Control 02 fl!ot On Road ~00 14 Failed To Maintain Equip. /Vehicle 21 Driving Wrong Side/ way 03 Shoulder 01 Crossing Not a_t ln!ersecfion 07 Working [j] 0 [j] 1 Primarily 15 lmproperPassing 22 Fleeing Perice 04 Median 02 Crossing at Mid-block Crosswalk

lo Road l21[Z]lZ] Business ED 16 Drove left of Center 23 Vehicle Modinecl, 05 Tum Lane OJ Crossing at Intersection 08 Standing'Playing 2 Primanly 17 Exceeded Stated Speed Limit 24 Driver D"lstracnOn {Explain 04 Walking Along Road With Traffic In Road Residential 18 Obstrucfing Traffic !n Narrative) 01 None ~0[7 05 Walking Along Road Against Traffic 09 Standing In Pedestrian Island J Open Counby

77 All Other {Explain In Narrative) 02 Nearby 06 Working Oil Vehicle In Road 77 All Other(Explaln In NaJTative) 03 Entered 88 Unknown

' 01 Collision With MV in Transport( Rear End) 1 s Colrision With Ani(lJal 29 MV Ran !nto Ditch/Culvert [j] m -[j] 01 Interstate 07 ForeslRoad

-~ 01 Daylight

~ 02 Collis!on With WNin Trans[lort( Head On) 16 MV Hit Sign I Sign Post 30 Ran Orf Road Into Waier

@][Z][ZJ 02 U.S. I 08 Private Roadway 02 Dusk

03 Comsion With MVin Transport( Angle) 17 MV Hit UU!ity Pole/ light Pole 31 Overturned 03 State 77 All Other (Explain 03 Dawn 04 CoJITsion With MVin Transport( lert Turn) 18 MV Hit Guardrail 32 Occupant Fell F(Om Vehicle 04 County In Narrative) 04 Dark (Streetlight) 05 ColITsion With MVin Transport( Righi Turn) 19 MV HHence 33 Tractor!Trai!er Jackknifed

[ZjlZJ(Z] 05 Local 05 Dark (No Street light)

06 Collision With MV in Transport( Sideswipe) 20 MV Hit Concrete Barrier Wal! 34 Fire 06 Tumrike/Toll 68 Unknown 07 Collision With MV in Transport( Backed Into) 21 MV Hit Bridge/Pler/Abubnent/Rail 35 Explosion 08 Cnmsion With Panled Car 22 MV Hit Tree /Shrubbery 36 Downhill Runaway

[2J[Z]0 01 Ory 01 Clear 01 Slag/Gravel/Stone

09 Collision With MVon Roadway 23 Collision With Constructiori Barricade Sign 37 Cargo loss or Shift !}2 Wet

~ 02 Cloudy[QI] 02 Blacktop

~ 10 Collision With Pedestrian 24 Collision With TraffrcGate 38 Separafion of Units 03 Slippery OJRao D[ 03 Brick/Block 11 ·Collision With Bicyde 25 Collision With Crash Attenuators 3g Median Crossover

001Zl 04 !cy 04 Fog 04 Concrete

12 Collision With Blcyde (Bike Lane) 26 Collision With Fixed Object Above Road 77 All Other (Explain In 77 Al/Other 77 AIi Other 05 Dirt 13 Colftsion With Moped 27 MV Hit Other Fixed Object NaJTalive) (Explain In Narrative) {Exp!ain In 77 A!I Other {Explain In 14 Collision With Train 28 Comsion With Moveable Obiect On Road Narrative) Narrative\ ., 01 No-DefeclS 01 Vision Not Obscured 01 NoContro! 01 NotAtto,,s,etioolRRX-iog T'''

1

01. Straight- Level 02 Obstruction With Warning

~ 02 Inclement Weather [QJ] 02 Special Speed zone

~ 02 Al!ntersection 02. Straight· Upgrade f

~ 03- Obstruction Without Warning 03 Piirked / S!oppedVehic!e 03 Speed Control Sign OJ Influenced By Intersection ().2. Downgrade 04 Road Under Repair/ Construcfion 04 Trees/ Crops/ Bushes 04 School Zone · 04 Driveway Access OJ. Curve , Level 05 loose Surface Materials 05 Load On Vehicle 05 Traffic Signfj 11 PostedNoU-Tum 05 Railroad 11 Private Property 04. Curve - Upgrade/ 06 Should_ers - Soft/ Low / High 06 Building/ Fixed Object 06 Stop Sign 12 No Passing Zone 06 Bridge 12 Toll Booth Downnrade 07 Holes/ Ruts I Unsafe Paved Edge 07 Signs I Bmbaards 07 Yield Sign 77 All Othet {Explain In 07 Entrance Ramp 13 Public Bus Stop Zone 08 Standing Waler v1 08 Fog 08 Flashing Light Narrative) 0 08 ExitRamp 77 All Other (Explain In 01. Paved

~ 09 Worn/ Polished Road Surface 09 Smoke 77 All Other (Explain 12] 09 Railroad Signal 09 Parking Loi- Public Narrative) 02. Unpaved 77 All Other !Exolain In NarraUvel 10 Glare In Narrative\· . 10 Officer I Guard I F)al\l\trson 10 Park"inn Lot- Private 03. Curb

SECTION# NAME OF VIOLA TOR FL STATUTE NUMBER l'=A"J:u..,'1.6 ~ ~ 'di~ CITATION NUMBER

'1 \ 3\(p. tZ\ .,a, sc., 'l'-1 - E:XD -rn='l"~'f M. -n-!~o...l G - . -~

-;;, SECTION# NAME OF VIOLATOR FL STATUTE NUMBER CHARGE CITATION NUMBER -:::- - - - ~

0 --"' SECTION# NAME OF VIOLATOR FL STATUTE NUMBER CHARGE CITATION NUMBER 0 - ---- -> .....----

SECTION# NAME OF VIOLATOR Fl STATUTE NUMBER CHARGE CITATION NUMBER --- ~

Page --2.... Of --':L ~ 0

DIAGRAM

0

Page y Of

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0

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INDICATE NORTH WITH ARROW

81

.

FLORIDA TRAFFIC CRASH REPORT NARRATIVE/DIAGRAM

MAIL TO: DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, TRAFFIC CRASH RECORDS SECTION, NEIL KIRKMAN BUILDING, TALLAHASSEE, FL 32399-0500

I DO NOT WRITE IN THIS SPACE

TIME EMS NOTIFIED (FATALITIES ONLY) !TIME EMS ARRIVED {FATALITIES ONLY) DATE OF CRASH COUNTY I CITY CODE I INVEST. AGENCY REPORT NUMBER

- BAM BP~ - BAM E3PM 4 iz.o I 01 32 /52- :z o c, - I '•fZ.'-\ .. .... --·-- --· ... ---- --TNiRRAT/VE)--

HSMV CRASH REPORT NUMBER

'\o l<o'-!Co Z.3

"-\ ._._,A"=> -:,-.c::; f' 1-'12\.> L>,--r -n-1<= -s-n::,P ,_,. A:\ -n--F. =~~ec..--rr,---1'.J

oF l\o 4-ln A-.Jer--.lu.6 A·...,.-, l '1 4""' -Pt..A.c.-€ ( S'2.Cctl") _ ,J-\ WAS __ f'~b-.

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83

84

TO:

THROUGH: AND

FROM:

SUBJECT:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

Joseph A. Baird, County Administrator

James W. Davis, P.E., Public Works Director Christopher J. Kafer, Jr., P.E., County Engine r

Michael O'Brien, P.S.M., C.F.M., County Surveyor~

Work Order No. 4, Additional Services (Engineering/Surveying) Morgan & Eklund, Inc. - Final Pay, Release of Retainage Old Dixie Highway (North), US 1 to 69th Street Local Agency program (LAP) Sidewalk Improvements Project Right-of-Way Mapping (+/- 4 miles) IRC Project No. 0845

DATE: June 1, 2009 CONSENT AGENDA DESCRIPTION AND CONDITIONS

On March 3, 2009, the Board of County Commissioners approved Work Order No. 4 for additional services with Morgan & Eklund, Inc. (SURVEYOR) to perform professional Surveying and Mapping services directly related to the Right-of-Way mapping of Old Dixie Highway from US Highway No. 1 through the 69th Street intersection. Work Order No. 4 for additional services was approved for a not-to-exceed amount of $4,950.00.

Morgan & Eklund, Inc. has been paid $3,372.50 to date for Work Order No. 4, with $177.50 held in retainage. Morgan & Eklund, Inc. has submitted Invoice No. 1-09-1037, dated 05/26/09 for a total amount of $1,567.50. This is for current billing of $1,390.00 and release ofretainage in the amount of $177.50.

RECOMMENDATION AND FUNDING

Staff recommends payment of Morgan & Eklund, Inc. Invoice No. 1-09-1037, dated 05/26/09 in the amount of $1,567.50 for final payment and release of retainage for Work Order No. 4 for additional services.

Funding is budgeted and available in Secondary Roads Gas Tax - Other Contractual Services. Account# 10921441-033490.

ATTACHMENTS

Morgan & Eklund, Inc. Invoice No. 1-09-1037, dated 05/26/09

DISTRIBUTION

Morgan & Eklund, Inc. Indian River Coi.m

Phil Matson, MPO Staff Director Administration

David Silon, P.S.M., C.F.M., Assistant County Surveyor Bud et

APPROVED AGENDA ITEM Le a!

Risk Mana ement

Public Works

Engineering

f: gineering\capital projects\0725- 2007 annual prof. survey contract\2009 projects\morgan\wo 4 old dixie row map add serv 3-3-09\0725 bee agenda req_ wo4, add serve morgan eddund 06-01-09.doc

85

MORGAN & EKLUNDiINC. PROFESS[Ot,.,1ALSURVEY·CGJNSULTAJ',i'1"S

May 26, 2009

Indian,Rlver Qoµnty Attn: Ml·. Michael O;Bd¢n, I\S,1\t l 8lH 27th Street (Bldg A) Vero Beaeli Florida: 32960 .·.,_- . ' ,,_,., ',. : .

FllVA L 1/VVOICE

IRCP~9.jeet; Rixie 1-ligh<,yay f{ight,of-Wp.y Mapphrg, From us I Nc)rthr()691f1Stn:et m:c ProJtet No.9845 Co,1trnet#0725; \Vork0rder#4,.MorganEkhmd Contract Afuoµht$4,950,00 . l"revfous,lnvolce1 Jc9!)-JQ'N q11ted AprU l, 2099 Total.invokt:.a)JJO:il11t$Z,S:/iO.OO, les~.'i%retaitJiigc; $177.50 Curre11tlnvoice #: Ji09'~ I G:37 (;(;)mU1issiot1 #: :tns.11 Tcita! Pereeii/age G<iiriJJl/iJe\ 100%

RE; !nvpiccfor pN,fessio11al survey· scrvi<:¢$ rem:leted inc,11\jm)ction ·with additiolJal s¢rviceffor rightcoJtway location survey along Old Dixie lrighway from US I North to 6'1th Street.

Chl¢fS11rve~c,r (P .S,NO l O hours@:t12.b;OO/lrr , ........................ ;;.$ 1,.2.uo:oo

Ptojcet s t1J'yeydr 2hom:s,@$95;()0/hr "··»·••··•• ........... ,, ..... ;!!..•~ _x,l9Q.O)f Ti;till q u tl'CJ1(Ii1v.orce,.'.' ...... .......... ,$ l;~ 9.IJ.00 Plus priqrr.eta1nage held, inv,ii¢e t-0~-10?.Q ,latec!J\ptiLI. 20()9 .. J; Tri,fai ai:nount clue tbiS•illV(/i(:e~ ..... ., ... ,$

l17.50. l,5<i7Ji0

APPROVED BY THE INDIAN lUVER COUNTY SURVEYOR

-__ J~!....!':.:''..'.'.!.' o~e; __ _

DATE:

INITIAL: ,d?o/3 Oil, - t:=° uU..- \:°l t-..l<l'l

\2.-G,L. Q.l:.,/>t"11AC ~

Iten1ized Billin~: Total ffoun,fprevi<>lt'} & curret\t) .......... $· 4,9,1 [1,00 (I 00%) Les~preyj011s. irtyc:,ir;es, ..... , ............... $ J.55.0.QO Totallhlsinvolce .............. ,, ....... ; .... $ l /'390.0d Plus prior retaiiiage held, lnv<>.ke l-09-l ll20 dated Apri.I l; 2009 ... $ 177.50

Tor.ii amount due this invoice., ..... , ..•• $ 1,S67 ,50

0 Contract Bal;tll~e $1U,t)U

6745 U.S. HIUHWAY t, P-.0, BOX 70 l420. WABASSO, i?L 3l970-l 42:(J • PH•Nl:~;' ('1-72} 3$8-5:J.o•l • li'/\X: (772) 388~3 iQS ""jm<11qg;"'l.neimorguncklund.c::o111

!5tl0 s.g_ 3rd COURT:~ SlitTE 110, DEERF1ELD:BJ<~ACH, -FL 3341-1 ·• PHONB: (95ti} ~1:J:f ,M~:.t • F1\X:·CJS•l~A-21-01!51 -• f}W1lll6@:1rluil:.un-t:!kli1nd.c0ln

86

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM

Joseph A. Baird, County Administrator ~ .

James W. Davis, P.E., Public Works Direct · ... /

AND Yr.~ Christopher J. Kafer, Jr., P.E., County Engine~

Michael D. Nixon, P.E., Roadway Production Manager /IJIV

Dunkelberger Engineering & Testing, Inc. for 53rd Street Roadway Improvements IRC Project #0107 Release of Retainage

May 29, 2009 CONSENT AGENDA

DESCRIPTION AND CONDITIONS

On September 9, 2008, the Board of County Commissioners approved Work Order No. 7 with Dunkelberger Engineering & Testin,?, Inc. to provide additional field exploration, laboratory testing and final report for the design of the 53' Street roadway and drainage project for a not-to-exceed fee of $36,572.50.

Dunkelberger Engineering & Testing, Inc. has been paid $28,197.00 to date, with $3,133.00 held in retainage. All tasks for Work Order No. 7 have been completed and Dunkelberger Engineering & Testing, Inc. has submitted a Request for Release of Retainage dated May 14, 2009 in the amount of $3,133.00.


Staff recommends payment to Dunkelberger Engineering & Testing, Inc. for the Request for Release of Retainage in the amount of $3,133.00. Funding is budgeted and available from the Retainage Account Number 102-206002-02025 for 53rd Street/Kings Highway to US1.

ATTACHMENTS

Dunkelberger Engineering & Testing, Inc. Request for Release of Retainage dated May 14, 2009

DISTRIBUTION

Dunkelberger Engineering & Testing, Inc., Project Engineer

APPROVED AGENDA ITEM:

Indian River County

Administration

Bud et

Le al

Public Works

Engineering

F:\Engineering\Capita! Projects\0!07-53rd St, 58th. Ave-US #1\AGENDAS\BCC Agn Geotech Work Order No. 7 Release Retainage 05-29-09.doc

87

DUNKELBERGER engineering & testing, inc. www.dunkelberg~r-englneering .. com

Indian River County 1801 27th Street Vero Beach, FL 32960

Attention: Jill Williams

Subject: Request for Release of Retainage

• Fort Lauderdale • Lakeland • Port Saint Lucie • Sarr;1sota • West Palm Beach

May 14, 2009

Improvements to 53rd Street and Old Dixie Highway Work Order# 7 IRC Project No 0817, executed authorization received 9/09/08 PSL-07-2558 BG 11.4

Dear Ms. Williams:

We respectfully request the release ofretainage for the following:

• Invoice# 37648, dated 09/30/2008 $ 470.00 • Invoice# 37825, dated 10/31/2008 $2,140.00 • Invoice # 3 8102, dated 12/05/2008 $ 267 .00 • Invoice# 38393, dated 12/05/2008 $ 256.00

Total amount requested is $3,133.00

Please call me if you have any questions.

Thank You, ·-- ___ APPROVED DATE DIREGl"or, ····--········ ···-····--·-

li7iT111.cA• ·····-····-· ········-··. 1.ND.IA. N .. 111vu1. COUNl.Y Pull,lfi wunKi:_~·

! PO l! --- .. - ....... ______ ----·- --··------·--

Sincerely, DUNKELBERGER ENGINEERING & TESTING, INC.

Marcy Krysta Office Manager-PSL

cc: Corporate (Collections)

ACCT. ft I o,;t ~·,2.01lacJ;.-=c.-gs o ;i. J-··-··--·-·~--···•··--·--:....:.1

{:J/4 (o Cf (9 ',.( tY'-'I

.riJ1/ s--zz-c>,

State of Florida Board of Professional Engineers Authorization No. 6870

877.643.6832 88

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM

Joseph A. Baird, County Administrator ~ C)' James W. Davis, P.E., Public Works Directovf ~__,,... Christopher J. Kafer, Jr., P.E., County Engine

7v_ /

Michael D. Nixon, P.E., Roadway Production Manag~/

Professional Services with G. K. Environmental, Inc. for 16th Streett,etween "66th Avenue and 7 4th Avenue) Roadway Improvements !RC Project No. 9920

May 29, 2009 CONSENT AGENDA

DESCRIPTIONS AND CONDITIONS

On March 4, 2008, the Board of County Commissioners approved the renewal of the Continuing Contract Agreement for Professional Services with G.K. Environmental, Inc. for a three year term from 2008 - 2011.

The purpose of this agreement with G.K. Environmental, Inc. is for environmental assessment and regulatory permitting to address the Army Corp of Engineers recent permit comments pertaining to surface water impacts and Wood Stork habitat.

The attached agreement includes the scope of services and the associated costs for each task with a total fee of $3,250.00


Staff recommends approval of the attached agreement, authorizing the above mentioned project as outlined in the attached scope of services, and requests the Board to authorize the Chairman to execute the attached agreement on their behalf.

Funding is approved and budgeted in the amount of $3,250 from Secondary Roads Gas Tax Account No. 10921441-066510-01014 for 16th Street/66th Avenue to 82nd Avenue.

ATTACHMENTS

Professional Agreement from G.K. Environmental, Inc., dated May 22, 2009

DISTRIBUTION

G. K. Environmental, Inc.

Indian River Count A

APPROVED AGENDA ITEM Administration

Bud et

le al

Risk Mana ement

Public Works

Engineering

F:\Engineering\Capital Projects\9920-16th St, 74th Ave to 66th Ave\GK Environmental\BCC Agenda Item Continuting contract GK Env 05-29-09.doc 89

Mr. Mike Nixon, PE

G. K. ENVIRONMENTAL, INC. Environmental Consulting

GEORGER. KULCZYCKl,CEC,CES,CEI.

155 McKee Lane Vero Beach, FL 32960

Phone 772-567-9129 Fax 772-567-6245

May 22, 2009

Roadway Production Engineer Indian River County 1801 2?1h Street (Building A) Vero Beach, Florida 32960 Tel: 772-226-1986

RE: Professional Agreement for: 16th Street Project (between 66th Ave. & 74th Ave.)/ Road Expansion Proposal / Contract Environmental Assessment and Regulatory Permitting

Dear Mr. Nixon,

This letter is in response to the requested proposal in work order format for the above referenced project in Indian River County, Florida, · for environmental services as generally required for State and Federal Environmental Resource / Individual Permits. G. K. Environmental, Inc. (GKE) will be pleased to provide this scope of service with tasks completed under this contract and which are briefly outlined below:

PHASEI (Lump Sum $1,150.00)

1.0 ENDANGERED & THREATENED/ SPECIES OF SPECIAL CONCERN

1.1 Collection of Existing Data/ Meeting with IRC Staff 1.2 Endangered & Threatened / Species of Special Concern

Surveys Onsite 1.3 Agency (ACOE) Contact to Review Project and Coordination

Onsite (if necessary

90

PHASE II (Lump Sum $750.00)

2.0 PERMITTING SUBMITTAL ASSISTANCE (if necessary)

2.1 UMAM Preparation 2.2 Mitigation Alternatives Analysis

PHASE Ill (Estimated $850.00)

3.0 MITIGATION DESIGN / OPTIONAL SERVICES {if necessary)

3.1 Mitigation Design Estimated (not to exceed without authorization) cost for the above is $850.00

PHASE IV (Estimated / Hourly Billing / $500.00)

4.0 RESPONSE TO ACOE REQUESTS FOR ADDITIONAL INFORMATION (RAIi

4.1 RAI Responses Estimated (not to exceed without authorization) cost for 1 RAI response is $500.00.

TOTAL COST AS OUTLINED ABOVE................................. $ 3,250.00

GKE FEES/ COMPENSATION

Invoices will be submitted on a monthly basis at GKE hourly rates or as may be noted for each Task / Phase and are payable within 30 days of date of invoice(s). GKE hourly rates (2009) are $110.00 I hour for Principal Ecologist and $35.00 / hour for administrative I staff assistance, and if needed $75.00 / hour for CAD operator and $65.00 I hour for field biologist I chemist assistant.

Page 2 of3 GKE /Nixon/ PropA,11

i 6'h Street Road Expan..:ln I .'i-'n-00

Your endorsement below will serve as agreement by client to compensate G. K. Environmental, Inc. for services rendered in connection with this agreement.

If the above is acceptable, please sign below and mail or fax a copy to our office. Work will begin upon receipt of signed authorization.

Thank you for the opportunity for G. K. Environmental, Inc. to offer our professional services.

OWNER

Sincerely,

(]eorge R. Xu[czycfii

George R. Kulczycki, CEC, CES, CEI President, Principal Ecologist

G. K. Environmental, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

(Signature) Wesley S. Davis, Chairman (Printed name and title)

Approved by BCC ______ _

ATTEST: Jeffrey K. Barton, Clerk of Circuit Court

Deputy Clerk

Witnessed by:

(Signature)

(Printed name)

istrator

Page 3 of 3 GKE /Nixon/ Proposi

16th Street Road Expansi 2 5-22-

TO:


THROUGH: Joseph A. Baird, County Administrator *. James W. Davis, P.E., Public Works Direct

Christopher J. Kafer, Jr., P.E., County Engine

FROM:

Michael D. Nixon, P.E., Roadway Production Manager"1/

Arjuna Weragoda, P.E., Project Engineer Aw SUBJECT: Civil Engineering and Land Surveying Agreement for

Bridge Replacements and Widening of 66th Avenue from South of SR60 to 59th Street, AMENDMENT NO. 7

IRC Project No. 0545

DATE: May 29, 2009 CONSENT AGENDA


Arcadis G & M, Inc. is under contract with Indian River County to provide Civil Engineering and Land Survewng Services for Bridge Replacements and Widening of66th Avenue from South of SR60 to 59 h Street. The attached Amendment No. 7 includes the following:

• Consultant services for construction engineering services for this project, to include coordination with the FOOT relative to the improvements to SR60, revisions to the plans as required by the County and FDOT at the intersection of 66th Avenue and SR60, responding to the contractor's requests for clarification and additional information.

The total negotiated design cost for Amendment No. 7 is $15,000.00. This added to the current contract amount of $1,879,984.93 results in a new contract amount of $1,894,984.93.

Original Lump Sum Tasks $ 601,700.00

Original Hourly Rate Allowances $ 30,000.00

Amendment No 1 Lump Sum Tasks $ 870,261.00

Amendment No 1 Hourly Allowances $ 22,000.00

Amendment No 2 Lump Sum Tasks $ 98,607.00

Amendment No 3 Lump Sum Task (Utility Dept) $ 51,000.00

Amendment No 3 Lump Sum Task (Public Works) $ 69,106.00

Amendment No 3 Hourly Allowance (Public Works) $ 31,000.00

Amendment No 4 Lump Sum Task $ 33,165.00

F:\Public Works\ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St (Arcadis)\Admim\agenda items\Amendment No. ?.doc

93

Bridge Replacements and Widening of 66th Avenue from South of SRG0 to 59th Street, AMENDMENT NO. 7 Page 2

Amendment No 5 Lump Sum Task

Amendment No 6 Lump Sum Task

Amendment No 7 Not-To-Exceed Fee

Total Revised Contract Amount including

Amendment No. 7

RECOMMENDATIONS AND FUNDING

$ 66,970.93.

$ 6,175.00

$ 15,000.00

$ 1,894,984.93

Staff recommends approval of the attached Amendment No. 7 authorizing the above-mentioned professional services and requests the Board to authorize the Chairman to execute the attached Amendment No. ?on their behalf for a fee not-to-exceed $15,000.00. Funding for Amendment No. 7 is approved and budgeted from Optional Sales Tax Account No. 31521441-066510-06040 from 66th Avenue/SR 60 to 59th Street.

ATTACHMENT

Amendment No. 7 between Arcadis and Indian River County

DISTRIBUTION

Hank Deibel, P.E., Arcadis G & M, Inc.

APPROVED AGENDA ITEM Approved Date

Administration

FOR: May 29, 2009 Budget

·t ~ ·rm 11-&w,I Legal

Risk Management

Public Works

Engineering

F:\Public Works\ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St {Arcadis)\Admim\agenda items\Amendment No. 7.doc

94

BRIDGE REPLACEMENTS AND WIDENING OF 66TH A VENUE FROM SOUTH OF SR 60 TO 59TH STREET

PROFESSIONAL CIVIL ENGINEERING, GEOTECHNICAL ENGINEERING AND LAND SURVEYING SERVICES

AMENDMENT NO. 7 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES AGREEMENT BETWEEN ARCADIS AND INDIAN RIVER COUNTY, FLORIDA.

This is an amendment to the existing Engineering/Land Surveying Services Agreement (AGREEMENT) dated September 6, 2005 between ARCADIS (ENGINEER) and Indian River County (COUNTY). Tbis amendment addresses changes in "Section I - Project Limits and Description", "Section ill - Scope of Services", and "Section V - Compensation".

Amendment Description

This Amendment includes the following:

"SECTION I - PROJECT LIMITS AND DESCRIPTION" is being modified to incorporate the following:

The County is planning to construct the segment of 66th Avenue from South of SR 60 to north of SR 60. Consultant services are required for construction engineering services related to this project. Construction engineering services will include coordination with the FDOT relative to the improvements to SR- 60, revisions to the plans as required by the County and FDOT at the intersection of 66th Avenue and SR-60, responding to the contractor's requests for clarification and additional information, and other similar activities.

"SECTION V - COMPENSATION'' is being modified to incorporate the following:

The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to this Agreement fees in accordance with the following: ·

A. Professional Services Fee

1. The basic compensation mutually agreed upon by the ENGINEER and the

---------- ----------------GOUNTY followsc-: -- ----- -------------------- - --- --- ---

Compensation will be on an hourly basis at the hourly rates listed below:

Project Engineer Manager ............................................. $115.00 Project Engineer .................................................................. $95.00 Senior CADD Operator ....................................................... $70.00 Survey Project Manager .................................................... $106.40

Page I of4 C:\Documents and Settings\hdeibel\Local Settings\Temporary Internet Files\Content.Outlook\41 YHP0TT\66 th Ave Amendment No 7 5-21-09.doc

95

Professional Surveyor ......................................................... $75. 60 Survey GADD Tech ............................................................. $58.80 3 Man Field Crew .............................................................. $112.00 Sr. Field Coordinator .......................................................... $95.00 Field Coordinator ................................................................ $75.00

· Field Representative ............................................................ $70.00

The following is a summary of costs: Charge Associated with Change in Project Scope And Proiect Limits

Geotechnical Services (Tierra) ...................................................... $0. 00

Engineering (ARCADIS) ................................................................ $0.00

Signal Plans (ARCADIS) ................................................................ $0.00

Design Survey (6611' Avenue) (ARCADIS) ........................................ $0.00

Design Survey (Sidestreets) (ARCADIS) .......................................... $0.00

Right-of-Way Survey and Map (66'h Avenue) .................................. $0.00

Right-of-way Survey (Sidestreets) ..................................................... $0.00

Structural Design for 4 bridges (Bridge Design Associates, Inc.) ....................................................... $0.00

Landscape & Irrigation ..................................................................... $0.00 (Thomas Lucido & Associates)

Pond Surveys ........................................................................................ 0. 00

Water Main Plans ARCADIS) .................... ; ................................. $0.00

---·············-···(Lum_p Sun,.)_.__ -········-··-·-·-······-····-········- .. ·---

Corridor Study (AR CAD IS) .......................................................... $0. 00

Cultural Resource Assessment ...................................................... $0. 00

TOTAL PROFESSIONAL SERVICES ........................................... $0.00

Page 2 of4

New Total Compensation

$130,010.00

$816,890.00

$71,344.00

$169,500.00

$71,428.00

$117,821.00

$61,963.00

$207,222.00

$55,000.00

$20,000.00

$51,000.00

········~······-·-····---

$15,581.00

$8,925.93

$1,796,684.93

C:\Documents and Settings\hdeibel\Local Settings\Temporruy Internet Files\Content.Ontlook\41 YHP0TT\66 th Ave Amendment No 7 5-21•09.doc

96

-------- ---

HOURLY RATE ALLOWANCES

\ Allowance for Sketch and Legal Descriptions and staking ofparcels(375.00/each) ................. NTE $0.00 $61,000.00

Allowance for Survey 0-ew and Soft Dig Machine for Horizontal and Vertical Utility Locations at Potential Conflicts (Survey $112/Ilr) ...................................................................... NTE $0.00 $20,000.00

Allowance for Survey and Design Of a transition to match the existing pavement At the north end of the project ................................................ NTE $0.00 $12,000.00

Construction Engineering Services ............................... NTE $15,000.00 $15,000.00

TOTAL HOURLY RATE ALLOWANCES .................. NTE $15,000.00 $98,000.00

Page 3 of 4 C:\Documents and Settings\hdeibel\Local Settings I Temporary Internet Files\Content.Outlook\41 YHP0TT\66 th Ave Amendment No 7 5-21-09.doc

97

The AGREEMENT is hereby amended as specifically set forth here in. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein.

This Amendment No. 7 to the AGREEMENT regardless of where executed, shall be governed by and constructed by the laws of the State of Florida.

In witness whereof the parties have executed this Amendment this _____ day of __ _

--------------------------~2009.

ARCADIS US, INC. 2081 VistaParkway West Palm Beach, Fl. 33411

By: d~ Henry W. Deibel, Jr., P.E. Associate Vice President

WITNESSED BY:

jJ)ll!JJ[) f t: County Attorney ~ Approved as to Form and Legal Sufficiency


By:-----------Wesley S. Davis, Chairman Board of County Commissioners

Approved by BCC _____ _

Attest: Jeffrey K. Barton, Clerk of Circuit Court

By: ___________ _

Deputy Clerk

Page4 of4 C:\Documents and Settings\hdeibel\Local Settings\Temporary Internet Files\Content.Outlook\41 YHP0TT\66 th Ave Amendment No 7 5-21-09.doc

98

Date:

To:

Thru:

June 3, 2009

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

Department of General Services

The Honorable Board of County Commissioners


Consent Agenda

From:

Subject:

Thomas W. Frame, General Services Director ~ ~ .~

Approval to Allow the Exhibition of a Photo Display on Behalf of the Children's Home Society in the County Administration Building "B"

BACKGROUND: A request has been received from the Children's Home Society to display a group of photographs of children called the Heart Gallery Exhibit. It is hoped that it can be displayed in the County Administration Building "B" from Friday July 24 through Friday August 21. 2009.

The purpose is to raise community awareness of the need for adoptive homes in our communities for the 'hard to place' children currently in the foster care system.

In the past, we have accommodated and the agency provided acceptable form of release as requested by County Attorney with verification ofreleases to use the photographs of the children.

The Children's Home Society had requested a location of high foot traffic. The location that reasonably would be available would be the first floor lobby area of Building B.

I have attached copies of electronic communications that have occurred between this office and the Children's Home Society along with a couple of photographs that are representative of the photo exhibits.

RECOMMENDATION: Staff has no objection to the limited exhibit and recommends that the Board approve the photo display from July 24 through Friday August 21, 2009.

Approved Agenda Item

F:\General Services\Tom\Agenda rtems\2009\06 JUN\Heart Gallery Display Childrens Home Society.doc

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Sheila Votzi

From: Sent: To: Subject:

Hi there Sheila,

Frank Avilla [[email protected]] Tuesday, June 02, 2009 3:25 PM '[email protected]' Heart Gallery

Great talking with you earlier.

We would like to request having the Heart Gallery on display at the IRC Administration, Building B from Friday July 24 through Friday Aug. 21.

Please let me know at your convenience.

Thanks so much for all of your support in helping us find Forever Families for our difficult to place local children in the state foster care system.

Frank

Fra1t/l L AvllJIJa Children's Home Society of Florida, Treasure Coast Division Adoptions Marketing Specialist/Heart Gallery Coordinator 415 Avenue A, Suite 100 Fort Pierce, FL 34950 772-489-5601, ext. 250 (ph) 772-489-0583 (fax) [email protected] IMPORTANT NOTICE:This information is intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and exempt from disclosure under applicable state or federal law. You are hereby notified that any unauthorized copying, disclosure or distribution of this information is prohibited. If you have received this communication in error (or are not an employee or agent responsible for delivering this information to the intended recipient), please immediately notify the sender to arrange for the return or destruction of the information and all copies.

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Sheila Votzi

From: Sent: To: Cc: Subject:

Frank,

Sheila Votzi [[email protected]] Tuesday, June 02, 2009 4:22 PM Frank Avilla Tom Frame RE: Heart Gallery

It was nice to hear the update on the continued success in locating homes for so many children. Your request has been forwarded to Tom Frame, who will present it to the Board of County Commissioners for final approval. This will occur either June 16 or June 23. To the best of our knowledge, there is not a conflict for the dates you have indicated.

I will keep in informed as to the progress of this formality.

Best regard,

Sheila S. Votzi Staff Assistant IV Department of General Services Indian River County 1800 27th Street, Bldg B Vero Beach, FL 32960 (772) 226-1223 Phone (772) 226-1992 Fax [email protected]

~ Before printing this e-mail, think if it is necessary. Think Green!

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

_____________________ ............ - ....... --, ... .

From: Frank Avilla [mailto:[email protected]] Sent: Tuesday, June 02, 2009 3:25 PM To: '[email protected]' Subject: Heart Gallery

Hi there Sheila,

Great talking with you earlier.

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MEMORANDUM

TO: Joseph A. Baird, County Administrator

N HEAD CONCURRENCE:

Robert M. Keating, AIC Community Development Direct

THROUGH: Sasan Rohani, AICP > ._;f., Chief, Long-Range Planning

FROM: Bill Schutt, AICP ls ,'£_ . Senior Economic Development Planner

DA TE: May 28, 2009

Consent Agenda

SUBJECT: Consideration of Neighborhood Stabilization Program (NSP) Community Development Block Grant (CDBG) Service Providers Selection Committee Recommendation for Nonprofit Housing Organizations/Governmental Agencies

It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 9, 2009.


In late 2008, the Florida Department of Community Affairs allocated $4,680,825 in Neighborhood Stabilization Program (NSP) Community Development Block Grant (CDBG) funds to Indian River County. The purpose of the Neighborhood Stabilization Program is to provide local governments with funds to stabilize communities by purchasing foreclosed properties and selling or renting those units to income qualifying households.

Although $4.6 million in NSP funds was earmarked for the county, the county needed to submit a formal application to the state in order to obtain the funds. That application, which was approved by the Board of County Commissioners in March 2009, indicated that the County would work with local non-profit housing organizations/governmental agencies to implement NSP activities. Because

104

federal procurement requirements apply to the Neighborhood Stabilization Program, the county is required to select participating non-profit organizations through its standard RFP (Request for Proposals) process.

On April 7, 2009, the Board of County Commissioners authorized staff to issue a Request for Proposals (RFP) to select one or more non-profit housing organizations and/or governmental agencies to assist the county in implementing Community Development Block Grant Neighborhood Stabilization Program activities. That RFP was issued in early April with a proposal submittal deadline of May 6, 2009.

By the submittal deadline, two acceptable proposals were submitted. The two proposals were from:

• Treasure Coast Homeless Services Council, Inc. (with partner organizations) • Indian River County Housing Authority

Both of the proposers were then contacted for interviews.

On May 13, 2009, a consultant selection committee, comprised of Robert M. Keating, Community Development Director; Jason E. Brown, Management and Budget Director; and Michael Zito, Assistant Cotmty Administrator, reviewed the two proposals submitted by the housing organizations and interviewed each.

ANALYSIS

Based on the written proposals and interviews, the selection committee ranked the two housing organizations. The rankings were as follows:

Final Ranking

Programmatic Services

I. Treasure Coast Homeless Services Council, Inc.

2. Indian River County Housing Authority

Even though the Committee ranked the Treasure Coast Homeless Services Council, Inc. (with partner organizations) as number one (!), the selection committee concluded that both housing organizations are qualified. Further, both organizations agreed thatNSP CDBG funds should be divided equally between them (approximately $2.1 million for each organization).

With the NSP CDBG funds, the Treasure Coast Homeless Services Council, Inc. will focus its efforts on acquiring and rehabilitating housing units for rental to households primarily at or below 80% of the Area Median Income (AMI), while the Indian River County Housing Authority will focus its efforts on acquiring and rehabilitating housing units for sale to households at or below 120% of the AMI. It is anticipated that each housing organization will acquire a minimum often (I 0) housing units. The exact number of housing units that each housing organization will be responsible for, however, will depend upon a number of factors, including purchase price of homes and rehabilitation costs for the homes.

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RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the selection committee's ranking, agree to award NSP funds to both ranked proposers, and authorize staff to begin contract negotiations with both the Treasure Coast Homeless Services Council, Inc. and the Indian River County Housing Authority.

Indian River Co. Admin. Legal Budget De t. Risk Mgr.

F:\Community Development\Users\CDBG\2008 NSP\RFPs, RFQs, & RF Bids\RFP - Nonprofits\BCC item- CDBG NP Housing Recommendation.doc

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TO:

THROUGH:

FROM:

SUBJECT:

DATE:


MEMORANDUM


o-· James W. Davis, P.E., Public Works Directo~J AND - (J Christopher R. Mora, P.E., Assistant Public Works Director

Robert Webb, Land Acquisition Specialis~

CNL Net Lease Funding 2001, LP, a Delaware Limited Partnership State Road 60 / 58th Avenue Intersection Improvements Project # 0632 Parcel I. D. # 33-39-05-00010-0000-00004.0

June 1, 2009 CONSENT AGENDA


Indian River County plans to construct improvements to the intersection of State Road 60 and 58th Avenue. Additional right-of-way must be acquired along 58th Avenue near the State Road 60 intersection in order for the project to move forward.

One of the parcels impacted by the project is owned by CNL Net Lease Funding 2001, LP, a Delaware Limited Partnership, located at 1825 58th Avenue. The site is currently occupied by Ruby Tuesday restaurant . The roadway design necessitates the acquisition of a 1 O' x 245.9' (2,459.0 sq. ft.) strip of right-of-way along the eastern boundary of the parcel fronting 58th

Avenue.

CNL Net Lease Funding 2001, LP, a Delaware Limited Partnership has been provided with an appraisal of their property along with the "Notice to Owner" informing them of their legal rights regarding the acquisition process.

The property value was based on comparable appraisals of adjacent properties which were prepared by Armfield & Wagner Appraisal and Research, Inc. The commercial property was valued at $25.00 per square foot. Therefore the value of the 2,459.0 sq. ft. is $61,475.00.

The subject property is adjacent to Home Depot on the north side of College Lane which is a prime commercial corridor. The County offered CNL Net Lease $61,475.00 for the property and they accepted, CNL returned the executed "Agreement to Purchase and Sell Real Estate" contract for the Commission to approve.

There are no legal fees for this acquisition.

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Page2 CNL Net Lease (Ruby Tuesday) Property Acquisition SR60/58Av Intersection hnprovements BCC Meeting of June 09, 2009 - CONSENT Agenda

ALTERNATIVES AND ANALYSIS

1. Approve the property purchase for $61,475.

2. Reject the terms of the Agreement and continue negotiations.

RECOMMENDATIONS

Staff recommends Alternative No. 1 by which the Board of County Commissioners approves the $61,475.00 purchase and authorizes the Chairman to sign the Agreement.

Funding will be from Account# 10215241-066120-03021 which is budgeted Traffic hnpact fees District 2, State Rd. 60/ 58th Ave. intersection improvement.

ATTACHMENTS

1. Two "originals" of the Purchase Agreement with (Exhibits "A"),

DISTRIBUTION

1) James W. Davis, P.E., Public Works Director 2) Christopher R. Mora, P.E., Asst. Public Works Director 3) CNL Net Lease Funding 2001 LP a Delaware Limited Partnership

APPROVED AGENDA ITEM

FOR: June 09, 2009

~1"r-Al--~j CONSENT

Indian River Coun Administration Bud et Legal

Public Works Engineering Land Acquisition

Approved Date

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ORIGINAL AGREEMENT TO PURCHASE AND SELL REAL ESTATE

THIS AGREEMENT TO PURCHASE AND SEU.REAL ESTATE ("Agreement") is made and entered into as of the __ day of -==-----cc,---,---=--~ 2009 by and between Indian River County, a political subdivision of the State of Florida ("County"), and CNL Net Lease Funding 2001, LP, a Delaware Limited Partnership., whose mailing address is 450 S. Orange Avenue Ste 1100, Orlando, FL 3280l("Seller"), who agrees as follows:

1. Agreement to Purchase and Sell and Grant. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that certain portion of the real prope1ty located at 1825 58th Avenue, Vero Beach, County of Indian River, State of Florida and more specifically described in Exhibit "A," (the Property) containing approximately 2,459 square feet or 0.056 acre, zoned commercial general, located on 58th Avenue and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto.

2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the Property shall be Sixty-One-Thousand-Four-Hundred-Seventy-Five and 00/100 Dollars ($ 61,475.00). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority.

3. Title. Seller shall convey marketable title to the Property by special warranty deed, warranting against the acts of Seller and no others, conveying the Property to County, subject to current taxes and assessments, reservations in patents, all easements, rights-of-way encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, and all matters which an accurate survey of the Property or a physical inspection of the Prope1ty would disclose.

3.2 County may order an Ownership and Encumbrance Report with respect to the Property. County shall, within thirty (30) days from receipt of the Ownership and Encumbr;lilce Report, deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall have until the Curative Period to eliminate the title defects or to obtain title insurance endorsements, at County's expense, against such title defects, it being understood and agreed, however, that Seller shall have no duty or obligations whatsoever to eliminate or secure a title endorsement against any such title defects. If the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, as its sole and exclusive remedy, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.

4. Representations of the Seller.

4.1 Seller has the full right, power, and authority to sell and convey its interest in the Property as provided in this Agreement and to carry out Seller's obligations hereunder and under any other documents and instruments executed y Seller pursuant this Agreement, and, except as expressly provided to the contrary herein, all requisite actions necessary to authorize Seller to enter into this Agreement and to carry out Seller's obligations hereunder and under any other documents and instruments executed by Seller pursuant hereto has been, or on or before the Closing, will have been taken.

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4.2 From and after the Effective Date of this Agreement, Seller shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County, which shall not be unreasonably withheld, conditioned or delayed.

5. Default.

5.1 In the event of a default by the County, the Seller shall be entitled, as its sole remedy hereunder, to terminate this Agreement, and neither the Seller nor any other person or party shall have any claim for specific performance, damages or otherwise against the County.

5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date. (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: IN NO EVENT SHALL SELLER BE LIABLE TO COUNTY OR TO ANY OTHER PERSON CLAIMING THROUGH COUNTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY LOSS OF PROFITS, BUSINESS OR ANTICIPATED SAVINGS, WHETHER OR NOT SUCH CLAIMS HA VE ACURED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN COUNTY'S FAVOR). COUNTY HEREBY WAIVES AND RELEASES ANY AND ALL CLAIMS FOR SUCH SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES AND AGREES NOT TO SUE UPON, ASERT ANY THEORY OF LIABILITY FOR OR OTHERWISE CLAIM OR SEEK ANY SUCH SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.

6. Closing.

6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows:

(a) The Seller shall execute and deliver to the County a warranty special warranty deed conveying marketable title to the Property, and in the condition required by paragraph 3. (b) The Seller shall have removed all of its personal property and equipment from the Prope1ty and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7. Prorations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, Seller shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January 1 and November I, the Seller shall, in accordance with Florida Statutes Section 196.295, pay an amount equal to the current real estate taxes and assessments, prorated to the Closing Date.

8. Miscellaneous.

8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters.

8.2 Conveyance in Lieu of Eminent Domain. It is understood by the parties that this contract

2

11 0

is entered by SELLER under the threat and in lieu of condemnation.

8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties.

8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.

8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight'' courier service or facsimile transmission, as follows:

If to Seller:

If to County:

Matthew Rohrbach, Real Estate Specialist CNL Net Lease Funding 2001, LP 8377 E. Hartford Dr. Suite 200 Scottsdale, AZ 85255

Indian River County 1801 27th Street, Vero Beach, FL 32960 Attn: Robert Webb, Land Acguisition

Either party may change the information above by giving written notice of such change as provided in this paragraph.

8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instmments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.

8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses.

8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original.

8.9. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2.

8.10 Beneficial Interest Disclosure: In the. event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) ( a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, orregistered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that

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Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.

8.11 Access: County shall in all cases make a good faith effort to minimize the disruption of business conducted on Seller's premises, but in no event shall County unreasonably interfere with the conduct of such business. County acknowledges that access to the Seller's premises comes from internal circulation roads of the shopping center adjacent to the Seller's premises. Said shopping center's access points lie on 581

~ A venue and College Lane. County shall not block both points of entry to the shopping center at anytime ad reasonable access to the Seller's premises shall remain open during all typical business hours.

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above.

SELLER:

CNL Net Lease Funding 2001, LP, a Delaware limited partnership

By: USRP (SFGP), LLC its sole, general partner

Printed name and Title;

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

By:_-=c--cc---cc-=----c----=:--c---Wesley S. Davis, Chairman

By: c~&~ DateSigned: _______ _

C-arnlyn Craft Martin

Date Signed: __ 5-: ..... ,,,_/_z_/~-1,_/4=z'---(lJ0_.L._f __ _ ATTEST: J.K. Barton, Clerk

By: -------=,-----c----Deputy Clerk

Date Signed: ________ _

Date Signed: ________ _

Sufficiency:

4

112

' f ' I i l i ' J

i i ' I 4 I J

LOT 5 II! HOM£ DEPOT USA, INC., A \;; !u DELEWARE: CORPORATION li!§i HOME DEPOT Ar VERO I "',.

BEACH i:s: P.8. 15. PG. 28 P.O.B. "*

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It I,. i I 10.00'

S89"5750"E

I; ~ 5' UMfTED ACCESS £AS/iM£NT "- ~ i3

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1 t;;~7 __ ,o· 11 ~I c:-., :w:(:a, o.:

l& f j ~ -~H I CNL R<STAURANT NE:T LEAS£ I I 90' I

PROPER71E:S II, INC., A DEJ.EWA/iE L__ 6<Y -CORPORATION r·-- I

3339050001000IJOOOG04.0 - 10' If'<;> I LOT 4 10' ·-

HOM£ DEPOT AT te,O BcACH • I P.8. 15. PG. 28 /1 ;!;° ~ /

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0.R.B. 508 PG. 148 ~ t i ~~~

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20' INGRESS, £GRES~ U7TLJTY & 2o• ~ tti'i§ DRAINAGE' EAS£MENT :::J ~ - - N89"53'5t"W ,._,,,

C"OLLEGE LANE 10-00

• *~ I {ISO~ Rl'1HT OF WAY)

I 20' DRAINAOC CASEMENT 20' ; O.R.S. 1162 PG. 1062

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CRf" PAN111ER X. LLC, A FLOR/DA, LfMITEO UABIUTY COMPANY

3339D4ll000101200000.1.3

'?.'! ~!'.'?:. ~~ ··-· ···-··

60 120

SCALE AS SHOWN

CITY OF VERO BEACH, A MUNICIPAL CORPORATION

33390400001012000004..Q O.R.B. 404, PG. 864

(- ---, J,____,_ _____ ,__ __ ~~-----___Jl_____ _ __J

' • l l I

i :i, i( ¾f a: of . I L

SURVEYORS NOTES

1) THIS IS A SKETI::H OF LEGAL DESCRIPTION ONLY. NOT A 80UNOARY RETRACEMENT SURVEY.

2) THE BEARJNG BASE FOR THIS SURVEY IS BASED UPON 11-iE EAST LINE OF THE SOUlHEAST QUAR'fE:R Of SECTION 5, TOWNSHIP 33 SOUll-1, RANGE 39 EAST. SAID LINE BEARS SOUll-1 001)2'10" WEST.

3) lHE SCALE OF 11-ilS DRA\\!NG MAY HAVE BEEN OISTORlED DURING REPRODUC110N PROCESSES. '

:i •tr~&4 i

g: LEGEND ;:: 1 ~ f SECTION LINE . -~~ ~· f tt PROPOSED RIGHT OF WA y TAKING ,,l_;;;Jt, I - RIGHT OF WAY LINE , Pi 1bl.t ~ tlMtl: ",., ~lhrll ..,,. ~ ., the ~...,,j ~ 1· !!1 ----------- EASEMENTLINE ~11or-.-"""'-,....11tY~otldttiotW.;;,'7' ; f P.O.C. POINT OF COMMENCEMENT ~==iw~~7~~ .. ________ j ;;i;: J P.0.8. POINT OF BEGiNNING FlmldSIPtut... And Um w..,.,,.vb trbw ant1-,.. jt P.8. PLAT SOOK r;z::':1::,~1:,,,'ft,,,,~~~_,".r.,; , 1 PG. PAGE

i t O.R.B. OfFICIAL RECORDS SOOK £:t:: OEMt--wr. RS.u. »;. 51711 - I • .,,, __ _ N()1" ~ llnH:lUT lJ1t SftH..\n#tt »llJ 1HE OIWl/fN. RAl$E1) SSL

JU'------------~--~--------l.~"'c.""'=""""'=~"""""'~=..e'""""":==::.-""'=_,.:c::;,'-'""="'"------1 w s»U: AS NOtm ..,....,. JOmkitHom DA'IE SKETCH .OF H:Ef w.stlB£R

I lltllaem,,W PCS ...-.u andAssodates,fnc. S/22,/06 F y R p RC L 111 •"'-'•n ...,. @----~ ~ PR0P0SEDRIGHT0 WA F0 A E 1 OF2 i""""w.,. •-"""'-"'-"--~- '"'""'" INDIANRIVERCOUNTY,FLORJDA g f'HM ~-=-~ ~~ r-RMI# 047035040 113

LEGAL DESCRIPTION SY SURVEYOR ,

AU. THAT CERTAIN PIECE, PARCB. OR TRACT OF LANO S!lUA"IE. LYING ANO BEING IN" THE SOUTHEAST QUARTER OF SECTION s. TOWNSHIP 33 soun;, RANGE 39 EAST OF THE TALLAtiASSEE BASE f.,fERfOIAN, fNOIAN RIVER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS, TO v,m BEGINNING AT THE NORTHEAST CORNER OF LOT 4. HOME DEPOT AT VERO BEACH AS RECORDED IN PLAT BOOK 15, PAGE 28 IN lHE PUBLIC RECORDS OF INOIAN RIVER COUNTY~ fl.ORIOA. SAID POINT ASLO LYING ON lliE WESTERLY RIGHT OF WAY LINE OF 581H AVENUE (KINGS HIGHWAY);

lHENCE, BeAAfNG SOUTH 00'02"10• WEST, ALONG SAfO ~TERLY RIGHT OF WAY LINE, A DISTANCE OF 245.87 FEET TO A POINT ON ll-lE NORTHERLY RIGHT OF WAY LINE OF COLLEGE LANE;

'niENCE, LEAVING SAID WESTERLY RIGHT OF WAY LINE OF 5$TH Ave!UE (KINGS HIGHWAY). BEARING NORlH 89"53'51" WEST, ALONG SAID NOR1HERLY RIGHT OF WAY LINE OF COLLEGE LANE. A DISTANCE OF 10.00 FEET TO A POINT:

THENCE, LEAVING SAID NORTiiERLY RIGHT OF WAY LINE. BEARING NORTH 00'02'10" EAST, A DISTANCE OF 245.86 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY RIGHT OF WAY LINE OF 581H AVENEUE (KINGS HIGHWAY);

1l-!ENCE, BEARING SOUTii 59-•57•so,. EAST, ALONG SAIO WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 2.459 SQUARE FE£i OR 0.056 ACRES, MORE OR LESS. SUBJECT TO AU. EASEMENTS, CONDITIONS ANO RESTRICTIONS AS CONTAINED ¼1ltt!N lHE CHAIN OF lll\.E.

""" 8/2!1./08 -"" 0470JSCH0

LEGAL DESCRIPTION OF PROPOSED RIGHT OF WAY FOR PARCEL 111

!NDIAN RIVER COUNTY, FLORIDA 20F2

114


OFFICE OF MANAGEMENT AND BUDGET

TO: Members of the Board of County Commissioners

DATE: June 3, 2009

CONSENT AGENDA

SUBJECT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM-AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 - GRANT DISTRIBUTIO

FROM: Jason E. Brown Director, Management & Budget

Descriptions and Conditions

On April 15, 2009, Indian River County was notified by the Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, that $533,198 has been allocated in grant funds as part of the American Recovery and Reinvestment Act of 2009 to support a broad range of activities to prevent and control crime and to improve the criminal justice system. FDLE will distribute these funds in accordance with the Justice Assistance Grant (JAG) Countywide distribution provisions of Chapter · l lD-9, Florida Administrative Code (FAC).

At the commission meeting on May 5, 2009, the Board accepted the invitation to serve as the coordinating unit of government and named Jason E. Brown, Director of Management & Budget, as the contact person.

PROPOSED FUNDING FOR FY 2009/2010

The Substance Abuse Council Advisory Board has recommended funding the programs listed below:

Programs to be Funded Total

Indian River County Sheriffs Office $345,919

Vero Beach Police Department $78,650

Sebastian Police Department $28,329

Fellsmere Police Department $47,500

Indian River Shores Public Safety $32,800

$533,198

The original, complete grant application for the Indian River County Sheriffs Office is attached for your approval. As a condition of this award, the application must be accompanied by letters of approval representing agreement among at least 51 percent of all units of local government representing at least 51 percent of the County population as to the allocation of dollars to each project in the County. Copies of these letters are also attached.

F:\Budget\Ann\worddocuments\Grants091 O\Agenda for BCC Grant Approval Amer Recovery Act June 09.doc 115

Board of County Commissioners June 3, 2009 Page 2 of2

RECOMMENDATION

Staff recommends that the Board of Commissioners approve the recommendations submitted by the local units of government: Indian River County Sheriffs Office, City of Vero Beach Police Department, City of Sebastian Police Department, City of Fellsmere Police Department and the Town of Indian River Shores Public Safety Department and authorize the Board Chairman to sign the grant application for the Indian River County Sheriffs Office and the letter approving distribution of the funds to the local units of government for submittal to the state prior to the deadline of Friday, June 19, 2009.

ATTACHMENT

Approval letter to Florida Dept. of Law Enforcement Grant Application for Funding Assistance Approval letters from City of Vero Beach, Town oflndian River Shores,

City of Fellsmere and City of Sebastian May 4, 2009 Memo from Sheriff

DISTRIBUTION

Diane Bernardo - Finance


FOR: June 9 2009 Indian River Coun

Administrator

Risk Mana ement

F:\Budget\Ann\worddocuments\Grants091 O\Agenda for BCC Grant Approval Amer Recovery Act June 09.doc 116

Telephone: (772) 567-8000

June 9, 2009

BOARD OF COUNTY COMMISSIONERS 1801 27'" Street, Vero Beach, Florida 32960-3388

Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308

Dear Mr. Wilder:

In compliance with State of Florida Rule 110-9, F.A.C., Indian River County Board of County Commissioners approves the distribution of $533,198 of the Edward Byrne Memorial JAG Program -American Recovery and Reinvestment Act of 2009 funds for the following projects within Indian River County:

Subgrantee (City or County)

Indian River County Sheriffs Office City of Vero Beach Police Dept. City of Sebastian Police Dept. City of Fellsmere Police Dept. Town of Indian River Shores Public Safety

Sincerely,

Wesley S. Davis, Chairman Indian River County Board of County Commissioners

Tille of Proiect Law Enforcement Equipment Needs Law Enforcement Equipment Needs Law Enforcement Equipment Needs Law Enforcement Equipment Needs Law Enforcement Equipment Needs

COUNTY TOTAL

Dollar Amount (Federal Funds)

$345,919 $78,650 $28,329 $47,500 $32,800

$533,198

117

Application for Funding Assistance Florida Department of Law Enforcement

American Recovery Act - JAG Countywide

Subgrant Recipient

Organization ·Name: Indian River County Board of Commissioners

County: Indian River

Chief Official

Name: Wesley Davis

Title: Chairman

Address: 1801 27th Street City: Vero Beach State: FL Zip: 32960

Phone: 772-226-1442 Ext: Fax: Email: [email protected]

Chief Financial Officer

Name: Diane Bernardo

Title: Finance Director

Address: 1801 27th Street City: Vero Beach

State: FL Zip: 32960

Phone: 772-567-8000 Ext: 1205

Fax: 772-770-5331

Email: [email protected]

Application Ref# 2010-ARRC-91 Section #1 Page 1 of 2

Contract -ARRC-INRI- - -

Rufe Reference 11 D-9.006 OCJG-005 (rev. April 2005) 118



Implementing Agency

Organization Name: Indian River County Sheriff's Office

County: Indian River

Chief Official

Name: Dery! Loar

Title: Sheriff

Address: 4055 41 st Avenue City: Vero Beach State: FL Zip: 32960

Phone: 772-569-6700 Ext: 6404

Fax: 772-569-8144


Project Director

Name: Kimberly Poole

Title: Planner/ Grant Manager

Address: 4055 4st Avenue City: Vero Beach State: FL Zip: 32960

Phone: 772-978-6214 Ext:

Fax: 772-567-9755




Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) 119



General Project Information

Project Title: INDIAN RIVER COUNTY SHERIFF'S OFFICE LAW ENFORCEMENT NEEDS

Subgrant Recipient: Indian River County Board of Commissioners

Implementing Agency: Indian River County Sheriffs Office

Project Start Date: 10/1/2009 End Date: 9/30/2010

Problem Identification

The Indian River County Sheriff's Office (IRCSO) is requesting funds for two projects, a Mobile Crime Scene Van and Portable Radios for the County Jail. Currently the Indian River County Sheriff?s Office assists four of five Municipalities with major crime scenes. A Mobile Crime Scene Van would enable the IRCSO Crime Scene Technicians the ability to respond in a quick and efficient manner, with all needed equipment on-board the van. IRCSO also runs the County Jail. Currently the radios used within our jail are hot-seated, generally meaning that the radios may never get a full charge due to the oncoming shift using the same radios as the previous shift.

Project Summary

To purchase one Mobile Crime Scensi van from Sirchie Vehicle Division in the amount of $219,919.00, this will include all necessary needed equipment and materials.

To purchase 30 Portable Radios for the Indian River County Jail which will include all accessories such as: Extra Battery, Charger and Antennas (short and long).



Rule Reference 110-9.006 OCJG-005 (rev. April 2005) 120

Section Questions:



Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice?

Answer: Yes

Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice?

Answer: No






General Performance Info:

Performance Reporting Frequency: Quarterly

Federal Purpose Area: 001 - Law Enforcement Programs

State Purpose Area: E - Equipment Supplies - Purchase Equipment/Supplies

Activity Description

Activity: Equipment and Supplies Target Group: Equipment and Supplies Geographic Area: Countywide Location Type: Sheriff?s Office

Address(es) :

Indian River County Sheriff's Office 4055 41st Avenue Vero Beach , FL 32960

Objectives and Measures

Objective: 25.E.SI - Amount of funds expended on equipment and/or supplies

Measure: Part 1

Amount of funds to be expended to purchase equipment and/or supplies

Goal: $345,919.00

Objective: 26.E.SI - Types of equipment and/or supplies purchased with JAG funds

Measure: Part 4

Purchase equipment and/or supplies other than court supplies, computer software, or firearms

Goal: Yes

Objective: 27.E.SI - Number of units to directly benefit from equipment and/or supplies purchased with JAG funds

Measure: Part 2

Number of units that will directly benefit from equipment and/or supplies purchased with JAG funds

Goal: 4



Rule Reference 11 D~9.006 OCJG~005 (rev. April 2005) 122



Section Questions:

Question: If "other" was selected for the geographic area, please describe.

Answer: N/A

Question: If "othe~• was selected for location type, please describe.

Answer: N/A

Question: What is the physical address of your primary performance location? This is a physical location, not a mailing address. If your physical location is confidential, enter the address of the next highest level of your organization. Enter only one address.

Answer: 4055 41st Avenue, Vero Beach, Fl 32960



Rule Reference 110·9.006 OCJG.Q05 (rev. April 2005) 123



General Financial Info:

Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization.

Financial Reporting Frequency for this Subgrant: Monthly

Is the subgrantee a state agency?: No

FLAIR/ Vendor Number: 596000674

Budget:

Budget Category Federal Match Total

Salaries and Benefits $0.00 $0.00 $0.00

Contractual Services $0.00 $0.00 $0.00

Expenses $0.00 $0.00 $0.00

Operating Capital $345,919.00 $0.00 $345,919.00 Outlay

Indirect Costs $0.00 $0.00 $0.00

-- Totals-· $345,919.00 $0.00 $345,919.00

Percentage 100.0 0.0 100.0

Project Generated Income:

Will the project earn project generated income (PGI) ? No





American Recovery Act ~ JAG Countywide

Budget Narrative:

Operating Capital Outlay Description: Heavy Duty Major Incident Crime Scene Investigation Veh_icle and supplies Unit Cost: $219,919 Total Cost: $219,919 No Match

Operating Capltal Outlay Description: 30 Portable Radios Unit Cost: $4,200 Total Cost: $126,000 No Match

Application Ref# 2010-ARRC-91


Rule Reference 110-9.006 OCJG-005 (rev. April 2005)

Section #4 Page 2 of 3

125



Section Questions:

Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program?

Answer: N/A

Question: If benefits are to be included, are they reflected in the budget narrative?

Answer: N/A

Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan.

Answer: N/A

Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the. basis was established or updated.

Answer: N/A

Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriff's office.

Answer: Sheriff's Office - $1,000






Insert Standard Conditions Page here.



Rule Reference 11 D-9.006 OCJG-005 {rev. April 2005) 127



In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below.

Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable.

Signature:

Typed Name and Title:

Date: ------------------------------

Typed Name of Subgrant Recipient: Indian River County

Signature:

Typed Name and Title: Wesley Davis, Chair, Board of County Commissioners

Date:

Typed Name of lmplemen::~n~, :dian River County Sheriff's Office

Signature: ~ L.{V1 / Typed Name and lltle- Deryl B. Loar, Sheriff

Date: ub.~~q-----------



Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) 128

Application Ref#

Contract



Insert Certifications and Authorizations here.

2010-ARRC-91

-ARRC-INRI- - -

Section #7 Page 1 of 1

Rule Reference 11D-9.006 OCJG-005 {rev. April 2005) 129

Office Of The CHIEF OF POLICE

May 26, 2009

Mr. Clayton H. Wilder Administrator

City of Vero Beach 1055 - 20th STREET

VERO BEACH, FLORIDA 32960-6441 Telephone (772) 978-4600

Fax (772) 978-4691

Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308

Dear Mr. Wilder:

In compliance with State of Florida Rule 110-9, F.A.C., the City of Vero Beach (city or county) approves the distribution of$ 533 198.00 (total allocation available) of the Edward Byrne Memorial JAG Program - American Recovery and Reinvestment Act of 2009 funds for the following projects within Indian River (county):

Subgrantee

(City or County) Indian River County Sheriffs Office Vero Beach Police Department Sebastian Police Department Fellsmere Police Department Indian River Shores Public Safety

Sincerely,

Sabin C. Abell

Typed Name of Chief Official

Mayor Typed Title

Title of Project Law Enforcement Equipment Needs Law Enforcement Equipment Needs Law Enforcement Equipment Needs Law Enforcement Equipment Needs Law Enforcement Equipment Needs

County Total

Dollar Amount

(Federal Funds) 345,919 78,650 28,329 47,500 32,800 533,198

130

TOWN OF INDIAN RIVER SHORES

DEPARTMENT OF PUBLIC SAFETY 6001 NORTH A1A * INDIAN RIVER SHORES* FLORIDA* 32963

WEBSITE WWW,IRSPSD.ORG

EMAIL [email protected]

May 26, 2009

Mr. Clayton H. Wilder, Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308

Dear Mr. Wilder:

"BUILDING PRIDE THROUGH INVOLVEMENT"

WILLIAM J. SCHAUMAN, DIRECTOR

EMERGENCY POLICE, FIRE, AMBULANCE - 911

NON-EMERGENCY (772) 231-2451 FAX (772) 231-2444

In compliance with State of Florida Rule 110-9, F.A.C., the Indian River Shores Public Safety Department approves the distribution of $533,198.00 (total allocation available) of the Edward Byrne Memorial JAG Program - American Recovery and Reinvestment Act of 2009 funds for the following projects within Indian River (county):

Subgrantee

(City or County) Indian River County Sheriffs Office Vero Beach Police Department Sebastian Police Department Fellsmere Police Department Indian River Shores Public Safety

Sine


County Total

Kenyon

Mayor, Town of Indian River Shores Typed Title

Dollar Amount (Federal Funds)

345,919 78,650 28,329 47,500 32,800

533,198

131

!!'!!b~~lllllm ,~in,1 ~~, !ll !l!ll!r! ----·-···-·--- 21 ~outh Cgpnz:ss ~triit • fillsmiri, f1, 32948-6714 -·-·-·--------·----·-·-- Phoniz: 772.571.1360 • fax: 772.5n.1904 -·-----·-- ------e-mail:[email protected]

May 26, 2009


Dear Mr. Wilder:

In compliance with State of Florida Rule 11D-9, F.A.C., the City of Fellsmere approves the distribution of$ 533 198.00 (total allocation available) of the Edward Byrne Memorial JAG Program - American Recovery and Reinvestment Act of 2009 funds for the following projects within Indian River (county):

Subgrantee

(City or County\ Indian River County Sheriffs Office Vero Beach Police Department Sebastian Police Department Fellsmere Police Department Indian River Shores Public Safety

Sincerely,

Susa Adams, Mayor, City of Fellsmere


County Total

Dollar Amount

(Federal Funds) 345,919 78,650 28,329 47,500 32,800

533,198

132

Sebastian Police Department 1201 Main Street

Sebastian, Florida, 32958 772-589-5233 Fax 772-3881872 e-mail [email protected]

James Davis, Chief of Police

May 26, 2009


Dear Mr. Wilder:

In compliance with State of Florida Rule 11D-9, F.A.C., the City of Sebastian approves the distribution of$ 533,198.00 (total allocation available) of the Edward Byrne Memorial JAG Program - American Recovery and Reinvestment Act of 2009 funds for the following projects within Indian River (county):

Subgrantee (City or County)

Indian River County Sheriff's Office Vero Beach Police Department Sebastian Police Department Fellsmere Police Depart111ent Indian River Shores Publip Safety

Sincerely,

Richard H. Gillmor · Typed Name of Chief o

__ Mayor Typed Title ------


County Total

Dollar Amount {Federal Funds}

345,919 78,650 28,329 47,500 32,800

533,198

133

INDIAN RIVER COUNTY SHERIFF'S OFFICE

MEMORANDUM

Sheriff Dery[ Loar

May 4, 2009

TO:

VIA:

Jason Brown, Indian River County Budget Director

Deryl Loar, Sheriff

FROM: Kim Poole, Planner

SUBJECT: Distribution of 09 Recovery Act - Edward Bryne Memorial Justice Assistance Grant Formula Program: State Solicitation (09 Recovery Act - EBMJAG : State Solicitation)

The EBMJAG: State Solicitation is in the amount of $533,198.00. On Thursday, May 7, 2009, at 4 PM Command Members from the Indian River County Sheriffs Office, Vero Beach Police Department, Sebastian Police Department, Fellsmere Police Department and Indian River Shores Public Safety met at the Indian River County Sheriffs Office to agree on how the funds should be distributed. The following is the monetary breakdown that would assist all law enforcement agencies with these grant funds.

Should you have any questions, please feel free to contact Sheriff Deryl Loar at 978-6404 or Planner Kim Poole at 978-6214.

Indian River County Sheriffs Office

Sub-total

Vero Beach Police Department

Sub-total

Sebastian Police Department Sub-total

Fellsmere Police Department

Sub-total

Indian River Shores Public Safety

Sub-total

Total

KMP/ cc: Tim Elder, Undersheriff

$219,919 Crime Scene Van $126,000 30 Corrections Radios $345,919

$ 43,446 Mobile Data Terminals $ 20,527 Forensic Video Analysis System $ 14,677 Handheld Ticket Writers $ 78,650

$ 28,329 Fingerprint Live Scan System

$ 15,000 2 Honda Four Track Rancher A TV's $ 12,000 5 Stalker Dual Mounted Radar Units $ 6,500 5 Tasers with Taser Cams $ 11,000 1 O APS Ticket Writers $ 1,500 3 Vehide Radio Splitters $ 1,500 Crime Prevention/ Informational Literature $ 47,500

$ 8,000 I.T. Server $ 6,000 5 Mobile Data Terminals $ 2,000 2 Desk-top Computers $ 16,800 4 Handheld Radios $ 32,800

$533,198

134


TO: Joseph Baird County Administrator

THROUGH: James W. Davis, P.E.

FROM:

Public Works Director

Jonathan C. Gorham, Ph.D. Coastal Resource Manager

SUBJECT: Final Payment and Retainage Release Work Order #11

CONSENT AGENDA

Applied Technology and Management Inc.

DATE: June 1, 2009


On December 13, 2005, the Board approved a Contract with Applied. Technology and Management Inc. (ATM) for professional coastal engineering services in Indian River County. Work Order #11 to this contract provides for services related to permit required post construction biological and physical monitoring of the Sectors 1&2 beach restoration project for the summer 2008 season. Work Order #11 is in the amount of $401,361.00. ATM has submitted a Final Invoice in the amount of $72,464.02. All the tasks under this Work Order are now 100% complete. There were some cost sav~ngs due to better than expected conditions for the biological monitoring, and the total amount billed on the Work Order was $355,518.42. ATM is requesting the release of retainage in the amount of $35, 551·. 84


Staff recommends the Board approve the final payment and release of retainage for Work Order #11. The post-construction physical and biological monitoring contained in Work Order #11 is eligible for 46.65% cost sharing with the Florida Department of Environmental Protection under Grant Agreement 07IR3. Local funding of beach restoration includes a portion of local option tourist tax revenue as well as allocations of the one-cent sales tax. Funding is available and budgeted in the Beach Restoration Fund - Sectors 1&2 Post Construction Monitoring - Account #12814472-033490-08003. Funding is from the following: Final payment of $72,464 ~ 02i, account #128144 72-033490-08003. Release of retainage of $35,551.84,, account #128-206000-08003.

135

ATTACHMENT

Invoice# 28528 Retainage Invoice #28529

DISTRIBUTION

Finance Department Pete Seidle, ATM Inc.


Indian River Coun

Administration

Bud et

Le al

Public Works

Division 6-l-09

136

"100 S,Australil\n Ave,,Suite 300 West Pa.Im Beach,33401-5045

Tel: (561) 659-0041 Fax: (561) 659-3733

www.appliedtm.com

DR. JONATHAN C. GORHAM INDIAN RIVER COUNTY 4375 43rd Ave., Unit 102 Vero Beach, FL 32967

INVOICE NUMBER:

INVOICE DATE:

PROJECT NO. 08-1788 PROJ MGR: PETER SEIDLE

28528

5/19/2009

PROJ NAME: WO #11 - Sectors 1 & 2 Post Project Monitoring

PROFESSIONAL SERVICES THROUGH 05/29/09

SECTORS 1 & 2 POST PROJECT MONITORING

ATM LABOR/SERVICES

SUBCONTRACT LABOR/SERVICES:

TOTAL WO #11 - Septors 1 & 2 Post Project Monitoring

LESS RETAINAGE

TOTAL AMOUNT DUE

$

$

$

$

$

PLEASE INCLUDE INVOICE NUMBER WITH PAYMENT AND REMIT TO; APPLIED TECHNOLOGY AND MANAGEMENT, INC.

5550 NW 111 th Blvd GAINESVILLE, FL 32653

680.00

79 835.58

80,515.58

8,051.56

72 464.02

137

__.. w 00

r .. ,...,,,.,...,,.,,.,,.,,.,,,~ .. .,,..,, .. ~~""',.,.,,.,.,...,.,,~~-·-...... -.._,~,,,,.,,,.,.,.,~ .... ~,, .. .,,,.._,,,,H,,, .,........,,M,,,,,..,, •• ,,,~,,,,..,,,_ • .,~,-~, .... ,,._.,.,,,~...,.,_,.,,,,.~,w,~~-.... ,,,,.WO""#··r1~--·""'""' ..... ~,,.,,._,,,, . .e .. ~,,.,.,._..,, ..... .., •• >1-•=•w,,.y~,-~,..,,,.,, . .,,.,.,.,,,,.,"'~-,~·w.·•·•m,..., • .,..,.,,,,,_~,--~.----.... ,.,,.,,,,.. ... ,.., ..• , ... ,,,,.,,,.~, .. ,.=,,,,r:

I SECTORS 1 & 2 POST PROJECT MONITORING , f"'"~"">w,w.r,>,-'>><•(>'•1·,.,.,,..,.~,...,,,..,,,.....,...,..,,,,._,.,.,.,,,,.,,.,,,,_,...,,,,,,....,..,.,,,~,. . .,,,._,...,~,w~,,,.,,,_.,.""., . ..,..._...,,.,,,,,.,..,,,__,,.,,,.,.,,..,,,,,,,_...,,,.,.._.,,.., •. ,,..~,., ... , .. ,,.,,,_,, • .,,.,..,..,,_.,..-"""'""'Y''"'''"•''""'"'wQ><-,·•~••~-•~'"'.,,,."'"""·~"'""''n,..,,.,.,,,..,.,,,._,,_".",....'"'"",,.,.,.,._Y•.••,-.,~,,.,.,,_.,,.,,,, . .,.,,,,_.,,.,,,., .• ,,,,, •. ~,.,., . .,,,,,w,,,s,-..•~><,-••••·••••1

~- __ ~ _ ____ Totals to Date -I ----·- -~·-·-- ··-' ~ ~ Sub Amount

Percent I 1Task Total Previous including markup ATM Amount Total Billed To Remaining {Number Description Budget Invoiced this Invoice This Invoice Date Budoet Compiete ~ ·1 1 Biolnnleal Monitorino (Post-Const l 227,776.00 112,367.06 74,269.58 110.00 186,746.64 41,029.36 81.99%i

' 2 Nearshore Tuttle Abundance 9,303.00 9,303.00 9,303.00 . 100.00%1 'i 3 Aerial Photou:raphy 8,072.00 5,215.50 5,215.50 2,856.50 64.61%,i ' l 4 Sorrow Area Hvdro Sur'\ffl:U' 22,173.00 18,927.44 18,927.44 3,245.56 85.36%] ) 5 Beach Profile Survey 19,056.00 16,540.20 18,540.20 2,515,80 86.80%1 1 6 Phvsical Monitoring R00ort 35,300.00 38,464,80 . 38,464.80 (3, 164,80) 108.97%) ! 7 Sea Turtle Nest Mnltioring 74,389.00 67,462.50 5,566.00 285.00 73,313,50 1,075.60 98.55%i ~ 8 Aaency Coord and Proiect certification 5,292.00 6 722.34 . 285.00 7,007.34 11,715.34) 132.41o/~

' Total WO#11 401.361.00 275.002.84 79.835.58 680.00 355.518.42 45,842.58 88.58%i "M'"'v,,,,,\e,..>•w,r~~~,.,,..,..,.,..,.,,,,._,,~=••""'""'"M""'~•·""...,,, . ...,_.,.""~"'~"'""'~"''"..,,.~..,,~~.,_,..,..,_!~,,,,,.~,.,.,.,,;.,.,,_.,,,.,.,_,,,,....,,~,,!, . .,,,,-,.,...,..,,...,;,.,..,,.~,.,, .. ,.~"-"''~'..1,~,""'~'"""~""'"",:;.,_.A~,,.,=,v~.-.•...!•.,,•""~""""~"''"'""""""·'_,,_,,,~ •. ~~,=•V,<><•<....;..,.._.,.,,...,,,,..~,-•~~,..,.,-•~-,....,..,.-,,..,,,,.,..,,. .... ,,,_~...,,.,.,_,=~·•-,,.·..,,.•..-,--,•,,.,.., .. ,,;.

400 S.Australian Ave., Suite 300 We.st Palm Beach, 33401•5045

Tel:{561) 659-0041 Fax: (561) 659-3733

www.appliedtm.com

DR. JONATHAN C. GORHAM INDIAN RIVER COUNTY

4375 43rd Ave., Unit 102 Vero Beach, Fl 32967

INVOICE NUMBER: 28529

5/29/2009 INVOICE DATE:

PROJECT NO: 08-1788 PROJ MGR: Peter Seidle

PROJ NAME: WO#11 Sectors 1 & 2 Post Project Monitoring

RETAINAGE INVOICE TASK NUMBER

1

2 3 4 5 6 7

8

PERCENT RETAINAGE INVOICE TASK FEE COMPLETE AMOUNT BILLED

BiologicalMonitoring (Post $ 227,776.00 100.00% 186,746.64

Const) Nearshore Turtle Abundance $ 9,303.00 100.00% 9,303.00 Aerial Photography $ 8,072.00 100.00% 5,215.50 Borrow Area Hydro Survey $ 22,173.00 100.00% 18,927.44 Beach Profile Survey $ 19,056.00 100.00% 16,54020 Physical MonitorinQ Report $ 35,300.00 100.00% 38,464.80 Sea Turtle Nest Monitoring $ 74,389.00 100.00% 73,313.50 Agency Coordination & Project Administration $ 5,292.00 100.00% 7,007.34

Total 401,361.00 355,518.42

PLEASE INCLUDE INVOICE NUMBER WITH PAYMENT AND REMIT TO: APPLIED TECHNOLOGY AND MANAGEMENT, INC.

5550 NW 111 th Blvd GAINESVILLE, FL 32653

RETAINAGE DUE

18,674.66

930.30 521.55

1,892.74 1,654.02 3,846.48 7,331.35

700.73 35,551.84

139

Consent


OFFICE OF MANAGEMENT & BUDGET

TO: Members of the Board of County Commissioners

DATE: June 3, 2009

SUBJECT: TOURIST DEVELOPMENT COUNCIL 2009/2010 BUDGET RECOMMENQA.TIONS

FROM: Jason E. Brown Director, Management & Budget


On May 20, 2009, the Tourist Development Council (TDC) reviewed budget requests for fiscal year 2009/2010 to be paid from the Tourist Tax revenue. The rankings listed below are based on the rating system originally approved by the Board of County Commissioners on March 4, 2003 with a minor modification by the Tourist Development Council on May 16, 2007.

TOURIST DEVELOPMENT COUNCIL RATINGS SUMMARY (March 4, 2003 System) Fiscal Year 2009/2010 Funding Application

2008/2009 Total 2009/2010 2009/10 TDC Oreanization Fundine Points Rankine Reuuest Recommend.

Indian River County Chamber of Commerce and Sebastian $412,500 785 I $395,781 $358,313 Chamber of Commerce Treasure Coast Sports

$106,800 717 2 $118,000 $118,000 Commission

Vero Heritage $15,593 658 3 $15,000 $15,000

Cultural Council $74,000 646 4 $74,000 $20,562

Treasure Coast International $0 584 5 $33,500 $0 Kayak ahd Canoe Rally

Sebastian Chamber of $16,137 NA NR $0 $0

Commerce Blues Bash

Historical Society (Did not apply $3,607 NA NR $0 $0 for funding for FY 2009/20 I 0)

Total $628,637 $636,281 $511,875

After the rankings were compiled and the funds allocated, some members of the TDC voiced concerns about the ranking system. These members were concerned that the ranking system combined with the drop in revenues resulted in one agency receiving no funding and another receiving a substantial cutback in funds, while another higher ranked agency received an increase

140

Board of Commissioners Page 2 of3 June 3, 2009

in funding for the fiscal year. Through considerable discussion, a revised methodology was proposed. Under the proposal, agencies would receive a pro-rated portion of their request. This proration would be based upon the percentage of available points awarded to each agency multiplied by the agency's request. Since there were eight (8) TDC members compiling rankings and I 00 points were available from each member, a total of 800 points was available to each agency. The total points awarded are shown in the table below along with the final funding recommendations from the TDC.

Some modifications to this system were made during the meeting as well. First, the Treasure Coast Sports Commission (TCSC) request included a $15,000 bid fee for the Police and Fire Games in 2010. This same amount was added via budget amendment in the current fiscal year to fund the Games for this summer. The TCSC staff voiced concerns about not having enough funding to provide bid fees for the Police and Fire Games in addition to several possible new events at Dodgertown considering the arrival of Minor League Baseball as the new tenant. Therefore, it was determined that this $15,000 would be removed from the TCSC funding request, and would be added back next fiscal year if needed. Additionally, the Treasure Coast International Kayak and Canoe Rally reduced their funding request to $20,000. These factors, combined with the TDC's recommendation to use an additional $60,892 from reserves resulted in the final recommended allocation shown below.

TOURIST DEVELOPMENT COUNCIL RATINGS SUMMARY (Final Recommendation) Fiscal Year 2009/2010 Funding Application

2008/2009 Total 2009/2010 2009/10 TDC Organization Funding Points Ranking Request Recommend.

Indian River County Chamber of Commerce and Sebastian $412,500 785 I $395,781 $388,359 Chamber of Commerce Treasure Coast Sports Commission (I)

$106,800 717 2 $118,000 $92,314

Vero Heritage $15,593 658 3 $15,000 $12,338

Cultural Council $74,000 646 4 $74,000 $59,755

Treasure Coast International $0 584 5 $33,500 $20,000

Kayak and Canoe Rally

Sebastian Chamber of $16,137 NA NR $0 $0 Commerce Blues Bash

Historical Society (Did not apply $3,607 NA NR $0 $0 for funding for FY 2009/2010)

Total $628,637 $636,281 $572,766

(!) The Treasure Coast Sports Commission recommended fending does not include $15,000 that will be added via budget amendment mid-year if needed Once that fending is included, the total recommended amount will be $107,314.

141

Board of Commissioners Page 3 of3 June 3, 2009

Based upon the discussions at the May 20, 2009 TDC meeting, staff will work to develop this basic funding system with some modifications for presentation at the next quarterly meeting of the TDC. If a new ranking system is formally recommended by the TDC, then staff will present such recommendation to the Board for consideration.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the funding amounts recommended by the Tourist Development Council.

ATTACHMENTS

• Tourist Development Council Funding Allocation (FY 2009/2010 Recommendation vs. FY 2008/2009 Funding)

• Tourist Development Council Funding Allocation (Fiscal Year 2009/2010)


Indian River Coun

Administrator

FOR: June 9 2009 Risk Mana ement

142

__., .i::i,. w

Tourist Development Council Funding Allocation Fiscal Year 2009/2010

Agency Name

Chambers of Commerce

International Kayak and Canoe Rally

Cultural Council of Indian River County

Treasure Coast Sports Commission <3l

Vero Heritage, Inc.

Rental Fees

Total Expenses

Requested Amount

$395,781

$33,500

$74,000

$103,000

$15,000

$5,000

$626,281

Total Available Funding <1> :! $572,766 !

Total Points Awarded <4l

785

584

646

717

658

n/a

Percentage of Recommended Eligible Points Funding

98.1% $388,359

73.0% $20,000

80.8% $59,755

89.6% $92,314

82.3% $12,338

n/a $0

$572,766

Shortfall : I $0 I

Mid-year Budget

Amendment

$15,000

$15,000

Budget Including

Amendment

$388,359

$20,000

$59,755

$107,314

$12,338

$0

$587,766

(1) Available funding includes the use of an additional $60,891 in reserve funds as approved by the TDC on May 20, 2009. Including $56,000 in reserve funds initially budgeted, this allocation will result in the use of $116,891 in reserves to balance the budget in this fund.

(2) The International Kayak and Canoe Committee agreed to reduce their request to $20,000 during the meeting.

(3) TCSC request has been reduced by $15,000 for the bid sponsor fee for the Police & Fire Games for 2010. This amount will be added in during next fiscal year via budget amendment as needed.

(4) A total of 800 points were available to each agency. Eight TDC members were present and ranked the agencies. Each ranking allowed for a total of 100 points. The a/locations are delennined by multiplying the agency's request by the percentage of total points received in the rating process. At the meeting on May 20, 2009, the TDC approved a motion to utilize this process in a/locating funds to the various agencies.

TDC Funding Calculation 2009-10 Draft 5/22/2009

Tourist Development Council Funding Allocation FY 2009/2010 Recommendation vs. FY 2008/09 Funding

FY 2009/10 FY 2008/09 FY 2009/10 Recommended

Agenct Name Funding Reguest Funding

Chambers of Commerce $412,500 $395,781 $388,359

Sebastian Chamber of Commerce Blues Bash $rn,137 $0 $0

International Kayak and Canoe Rally $0 $33,500 $20,000

Cultural Council of Indian River County $74,000 $74,000 $59,755

lndian River County Historical Society $3,607 $0 $0

Treasure Coast Sports Commission <3l $106,800 $118,000 $107,314

Vero Heritage, Inc. $15,593 $15,000 $12,338

Rental Fees $0 $5,000 $0

Total Expenses $628,637 $641,281 $587,766

Increase (Decrease) % Increase from 08/09 {Decrease)

($24,141) -5.9%

($16,137) -100.0%

$20,000 n/a

($14,245) -19.3% --~

($3,607) -100.0%

$514 0.5%

($3,255) -20.9%

$0 nla

($40,871) -6.5%

(1) Available funding includes the use of an additional $60,891 in reserve funds as approved by the TDC on May 20, 2009. Including $56,000 in reserve funds initially budgeted, this a/location will result in the use of $116,891 in reserves to balance the budget in this fund.

(2) The International Kayak and Canoe Committee agreed to reduce their request to $20,000 during the meeting.

(3) TCSC request has been reduced by $15,000 for the bid sponsor tee for the Police & Fire Games for 2010. This amount will be added in during next fiscal year via budget amendment as needed. The amount shown under recommended funding includes the $15,000 for 2009110.

{4) A total of 800 points were available to each agency. Eight TDC members were present and ranked the agencies. Each ranking allowed for a total of 100 points. The allocations are detem,ined by multiplying the agency's request by the percentage of total points received in the rating process. At the meeting on May 20, 2009, the TDC approved a motion to utilize this process in a/locating funds to the various agencies.

__., TDC Funding Calculation 2009-10 Draft 5/26/2009 .i::=,. .i::=,.

IND/AN RIVER COUNTY MEMORANDUM

TO: Joseph A. Baird County Administrator

THROUGH: James W. Davis, P.E., Public Works Director~. And 1f

Christopher R. Mora, P.E., Assistan ublic Works Director ~

FROM: Louise Gates, Land Acquisition S crn · st

SUBJECT: Lease Extension, 7135 66t11 Avenue -

DATE:

66tll Avenue Widening and Improvements County Project No. 0370 Justo Manuel and Blanca Lleo Hernandez, Tenant

May 27, 2009


CONSENT

The County purchased the Hernandez property on October 3, 2006. The property consists of a 0.58 acre lot and a single family home. As part of the consideration for the purchase of the property, the County leased the property to Hernandez in a rent-free agreement, with the current lease scheduled to expire on June 30, 2009. The Tenant (Hernandez) has requested an extension to the lease. The County is not planning to begin road construction of the 66tll Avenue project within the next twelve months. The County has no objection to extending its lease with the Tenant, as long as the Tenant agrees to maintain the property in good condition, to pay all associated utility and maintenance costs, and to vacate the property once the 66tll Avenue project is within twelve months of commencement of construction.


1. Approve the Lease Renewal Agreement as presented, allowing Justo Manuel and Blanca Lleo Hernandez to remain in the premised and amending the lease to terminate once the 66th A venue project is within twelve months of commencement of construction.

2. Reject the lease renewal and schedule the structure for demolition.

RECOMMENDATIONS

Staff recommends Alternative No. 1 by which the Board of County Commissioners approves and authorizes the Chairman to execute the agreement to extend the lease.

145

Lease Renewal of7135 66th Avenue- Hernandez May 27, 2009 - Page Two of Two

Funding

No funding impact. The estimated value of the lease, at a market rental rate of$0.40 per square foot per month, equals $0.40 x 2,588 square feet= $1,035.00 per month or $12,422.00 per year.

ATTACHMENTS

1. One copy of the Lease Extension

DISTRIBUTION

I) James W. Davis, P.E., Public Works Director 2) Christopher R Mora, P.E., Assistant Public Works Director 3) Louise Gates, Land Acquisition Specialist


FOR June 9, 2009

Indian River Conn Administration Budget Le al Public Works Engineering Land Acquisition

Approved Date

146

LEASE EXTENSION

This Agreement for Lease Extension ("Amendment") entered into on the __ day of ~~--~• 2009, by Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County"), and Justo Manuel and Blanca Lleo Hernandez, husband and wife, ("Tenant'') whose address is 7135 66th Avenue, Vero Beach, FL 32967. .

WITNESSETH:

The County contracted to purchase Tenant's property on October 3, 2006. The property consists of a 0.58 acre lot and a single family home where Tenant resides; and

WHEREAS, the purchase of the property was in lieu of eminent domain, as the County is planning widening and improvements to 66th Avenue; and

WHEREAS, as part of the consideration for purchase of the property, the County agreed to lease-back the property to Tenant. The current lease expires on June 30, 2009; and

WHEREAS, the Tenant has requested an extension to the lease and the County is not planning to begin road construction of the 66th Avenue project within the next 12 months; and

WHEREAS, the County has no objection to extending its lease with Tenant. with lease extension to expire no later than twelve months prior to commencement of any phase of construction of 66th Avenue project, including utility relocation, drainage construction cir roadway construction.

NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Tenant agree as follows:

I. The foregoing recitals are incorporated as if fully restated herein. 2. The first and second paragraph of that certain Lease dated October 3, 2006 is hereby

amended to terminate twelve months prior to commencement. of any phase of construction of 66th Avenue project.

3. Except as amended herein, the terms and conditions of the Lease shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Lease, the terms of this Amendment shall control.

THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY

I

147

IN WITNESS WHEREOF, this Lease Extension is executed by the authorized representatives of the parties, as of the day and year first above written.

JUSTO MANUEL HERNANDEZ

---:S'-\'.'\ IJ.--1- V'\ 5/flJM Justo ez Date

BLANCALLEOHERNANDEZ

~1/L~ Blanca Lleo ~

~&Ul/ Date

William K. eB Deputy County Attorney

2

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

BY: ____________ _

Wesley S. Davis, Chairman Board of County Commissioners Approved bytheBCC: ___ _

ATIEST: J. K. Barton, Clerk of Court

BY: __________ _

Deputy Clerk of Court

148



THROUGH: James W. Davis, P.E., Public Works Director & ~ And

Christopher R. Mora, P.E., Assistant Public Works Director ~

FROM: Louise Gates, Land Acquisition Spe~

SUBJECT: Lease Extension, 8865 91st Avenue, Vero Beach, FL CR510 Widening and Improvements County Project No. 0610 Gina Hower, Tenant

DATE: June 1, 2009


CONSENT

The County contracted to purchase the Hower property on October 24, 2006. The property consists of a 0.31 acre lot and a single family home. As part of the consideration for the purchase of the property, the County leased the property back to the Tenant with no remuneration. The lease expired on April 30, 2009. The Tenant (Hower) has requested an extension to the lease. The County is not planning to begin road construction of the CR510 project within the next twelve months. The County has no objection to extending the lease, as long as the Tenant agrees to maintain the property in good condition, to pay all associated utility and maintenance costs, and to vacate the property once the 89th Street and CR510 project is within 12 months of commencement of construction.


1. Approve the Lease Renewal Agreement as presented, allowing Gina Hower to remain on the premises and amending the lease to terminate once the 89 Street and CR5 I 0 project is within twelve months of commencement of construction.


RECOMMENDATIONS

Staff recommends Alternative No. I by which the Board of County Commissioners approves and authorizes the Chairman to execute the agreement to extend the lease.

149

Lease Renewal of 8865 91 st A venue - Hower June 1, 2009-Page Two of Two

Funding No funding impact. The estimated value of the lease, at a market rental rate of$0.40 per square foot per month,

equals $0.40 x 1,460 square feet= $584.00 per month or $7,008.00 per year.

ATTACHMENTS


DISTRIBUTION

1) James W. Davis, P.E., Public Works Director 2) Christopher R. Mora, P.E., Assistant Public Works Director 3) Louise Gates, Land Acquisition Specialist


FOR June 9, 2009

Indian River Conn Administration Budget Legal Public Works Engineering Land Acquisition

Approved Date

150

LEASE EXTENSION

1bis Agreement for Lease Extension ("Amendment'') entered into on the __ day of -~--~' 2009, by Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County"), Gina Hower, ("Tenant") whose address is 8865 91st

Avenue, Vero Beach, FL 32967.

WITNESSETH:

The County contracted to purchase Tenant's property on October 24, 2006. The property consists of a 03 I acre lot and a single family home where Tenant resides; and

WHEREAS, the purchase of the property was in lieu of eminent domain, as the County is planning widening and improvements to 89th Street, and CRSIO, and

WHEREAS, as part of the consideration for purchase of the property, the County agreed to lease-back the property to Tenant. The current lease expires April 30, 2009; and

WHEREAS, the Tenant has requested an extension to the lease and the County is not planning to begin road construction of the 89th Street, and CR510 project within the next 12 months; and

WHEREAS, the County has no objection to extending its lease with Tenant, with the lease extension to expire no later than twelve months prior to the commencement of any phase of construction of 89th Street and CRS 10 project, including utility relocation, drainage construction or roadway construction.


1. The foregoing recitals are incorporated as if fully restated herein. 2. The first and second paragraph of that certain Lease dated October 24, 2006 is hereby

amended to terminate twelve months prior to commencement of any phase of construction of 89th Street and CRS IO project.



l

151

IN WITNESS WHEREOF, this Lease Extension is executed by the authorized representatives of the parties, as of the day and year first above written.

Gina Hower

Date

Approved as to form and legal sufficiency

A$JUL.{)JJ!) William K. DeBraal Deputy County Attorney

2


BY:. ____________ _


Approved by the BCC: -----~-

ATTEST: J. K. Barton, Clerk of Court

BY: ____________ _


152

EXIIlBIT"A"

Vero Lake Estates, Unit A, Lot 1 (Bk-Pg 4-70)

Commonly known as: 8865 91st Avenue, Vero Beach, FL 32967

PID #31-38-27-00004-00I0-00001.0

3

153



THROUGH: James W. Davis, P.E., Public Works Director C-r-~ And

Christopher R. Mora, P.E., Assistant Prrks Director

Louise Gates, Land Acquisition Speciu '\ FROM:

SUBJECT: Lease Extension, 5165 66th Avenue -

DATE:

66th Avenue Widening and Improvements County Project No. 0370 David Robert Geary, Tenant

June 1, 2009


CONSENT

The County contracted to purchase the Geary property on August 22, 2006. The property consists of a two acre lot and a single family home where Tenant resides. As part of the consideration for the purchase of the property, the County leased the property to Geary in a rent-free agreement, with the current lease scheduled to expire on June 30, 2009. The Tenant (Geary) has requested an extension to the lease. The County is not planning to begin road construction of the 66th Avenue project within the next twelve months. The County has no objection to extending its lease with the Tenant, as long as the Tenant agrees to maintain the property in good condition, to pay all associated utility and maintenance costs, and to vacate the property once the 66th Avenue project is within twelve months of commencement of construction.


1. Approve the Lease Renewal Agreement as presented, allowing David Robert Geary to remain on the premises and amending the lease to terminate once the 66th Avenue project is within twelve months of commencement of construction.


RECOMMENDATIONS

Staff recommends Alternative No. 1 by which the Board of County Commissioners approves and authorizes the Chairman to execute the agreement to extend the lease.

154

Lease Renewal of5165 66th Avenue Geary June 1, 2009 - Page Two of Two

Funding

No funding impact. The estimated value of the lease, at a market rental rate of$0.40 per square foot per month, equals $0.40 x 1,193 square feet= $477.00 per month or $5,726.00 per year.

ATTACHMENTS


DISTRIBUTION

1) James W. Davis, P.E., Public Works Director 2) Christopher R Mora, P.E., Assistant Public Works Director 3) Louise Gates, LAS


FOR June 9. 2009

Indian River Conn Administration Budget Legal Public Works Engineering Land Acquisition

Approved Date

155

LEASE EXTENSION

This Agreement for Lease Extension ("Amendment'') entered into on the -~day of June, 2009, by Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County"), and David Robert Geary, a single man, ("Tenant") whose address is 5165 66th Avenue, Vero Beach, FL 32967.

WITNESSETH:

The County contracted to purchase Tenant's property on August 22, 2006. The property consists of a two acre lot and a single family home where Tenant resides; and

WHEREAS, the purchase of the property was in lieu of eminent domain, as the County is planning widening and improvements to 66th Avenue; and

WHEREAS, as part of the consideration for purchase of the property, the County agreed to lease-back the property to Tenant. The current lease expires on June 30, 2009; and

WHEREAS, the Tenant has requested an extension to the lease and the County is not planning to begin road construction of the 66th Avenue project within the next twelve months; and

WHEREAS, the County has no objection to extending its lease with Tenant, with lease extension to expire no later than twelve months prior to commencement of any phase of construction of 66th Avenue, including utility relocation, drainage construction or roadway construction.


1. The foregoing recitals are incorporated as if fully restated herein. 2. The first and second paragraph of that certain Lease dated August 22, 2006 is hereby

amended to terminate twelve months prior to commencement of any phase of construction of 66th Avenue project.



1

156

IN Wl1NESS WHEREOF, this Lease Extension is executed by the authorized representatives of the parties, as of the day and year first above written.

DAVID ROBERT GEARY

·15~7

Wl1NESS:~~~e.d&i.~~

'T. hf.£DEJV{')<,'

2


BY:. ___________ _

Wesley S. Davis, Chairman Board of County Commissioners

Approved by the BCC: ______ _

ATTEST: J. K. Barton, Clerk of Court

BY: _________ _


strator


JIJA~{M[) Deputy County Attorney

157

/oA1-oJJice o/ BCC June 9, 2009 Public Hearing


William G. Collins II, County Attorney William K. DeBraal, Deputy County Attorney Marian E. Fell, Assistant County Attorney George G. Glenn, Assistant County Attorney

MEMORANDUM

TO: Board of County Commissioners • ~v~am K. DeBraal, Assistant County Attorney

May 28, 2009

FROM:

DATE:

RE: Public Hearing - ORDINANCE AMENDMENT TO PROVIDE CHARGING A REGISTRATION FEE FOR SEX OFFENDERS AND. PREDATORS, CAREER FELONS AND CONVICTED FELONS

State law requires certain sexual offenders, convicted felons and career felons to register their physical residential address with the sheriff's office in the county in which the offender resides. Currently there are over 800 people residing Indian River County required to register with the Sheriff's Department.

Upon release from incarceration or relocation from another county, the offender must visit the Sheriff's Department to register. For certain registrants, an officer must make a site visit to verify the address and make sure sex offenders are not living within 2,500 feet of a school, park or daycare. The Sheriff's Department receives no funds from the State for registering and monitoring sex offenders, predators, convicted felons or career felons. Currently, the Sheriff has a full time detective and an administrative assistant assigned to registration, tracking and monitoring. In order to offset the time it takes employees to register and track the registrants, the Sheriff proposes to charge a fee to be paid by the registrant in the amount of $50.00 for the initial registration, $25.00 for each annual reregistration and $10.00 for a change of address or other information. In order to implement charging the fees, the County ordinance would have to be amended to account for this provision. A proposed amended ordinance is attached to this memorandum together with a resolution which sets forth the fees.

APPROVED FOR_-,:· &S·· ~•-____:_C/_-_:D=---.:..C/~ B.C.C. MEETlft(, 17;

L~beJ!1wtz" COUNTY 1!,.JTQflNEY 158

Public Hearing Registration Fees May 28, 2009

In subsection 7 of the proposed ordinance, optional language is set forth concerning disposition of registration fees. Under Option 1, the Board can decide to have the funds go for reimbursement of costs incurred in administration of the registration program along with other listed programs. Option 2 provides for designation of funds during the budget workshop and hearing process.

Recommendation: Staff recommends the Board conduct a Public Hearing on the proposed ordinance and approval one of the Optional Languages from Subsection 7.

Should you have any questions concerning this matter, please do not hesitate to contact me.

cc: Jim Harpring, IRC Sheriff General Counsel

Indian River Co.

Admin.

Co. Atty.

Budget

Dept.

Risk Mgr.

159

ORDINANCE NO. 2009 -

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING INDIAN RIVER CODE SECTION 306.07, ESTABLISHING THE REQUIREMENT FOR THE COLLECTION OF REGISTRATION FEES FROM INDIVIDUALS IDENTIFIED BY· FLORIDA STATUTE AS A CONVICTED FELON, CAREER OFFENDER, SEXUAL OFFENDER OR SEXUAL PREDATOR, PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Board of County Commissioners of Indian River County is concerned for the welfare and safety of our children and adult citizens of Indian River County and;

WHEREAS, the Board is aware of the ever increasing national, state and local mandates, which require the County Sheriff to register, monitor and track individuals classified as Career Offenders, Convicted Felons, Registered Sexual Offenders and Sexual Predators and;

WHEREAS, the neither the Sheriff or the County receives funds from the State or federal government to defray the costs of administering registration programs required by law; and

WHEREAS, the Board recognizes that it is costly and time consuming for the Sheriff to register, track and monitor Career Offenders, Convicted Felons, Sexual Offenders and Sexual Predators, who have been released from custody, and who are required by Florida law to register with the Sheriff and have their addresses physically verified; and ·

WHEREAS, it is the intent of this ordinance to serve the County's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the entire County by supporting practices that enhance the tracking, monitoring and registration of these high risk offenders, and;

WHEREAS, the Board desires to establish an ordinance requiring the collection of a Registration Fee from individuals designated by Florida Statutes as a "Convicted Felon", "Career Offender", "Sexual Offender" or "Sexual Predator".

WHEREAS, each individual designated by the State of Florida, or by any other Statute of any other State of the United States, or by the Government of the United States or any agency thereof as a "Convicted Felon", "Career Offender", "Sexual Offender" or "Sexual Predator" and who is required by any such law to register in the State of Florida, as a "Convicted Felon", "Career Offender", "Sexual Offender" or "Sexual Predator" represents an increased risk of harm to the citizens ofindian River County; and

j

160


WHEREAS, protecting the citizens of Indian River County from harm is enhanced by recognizing the risks that said individuals represent while residing in Indian River County, and providing the necessary resources to ensure the proper registering, and tracking of their presence; and

WHEREAS, it is the intention of this Ordinance to be regulatory in nature and non-punitive, relating to the purpose of promoting, protecting and improving the health, safety .and welfare of all the citizens of Indian River County and to protect the children of Indian River County and other potential victim( s) from potential victimization by registered Convicted Felons, Career Offenders, Sexual Offenders and Sexual Predators.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF . COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:

SECTION I. ADOPTION

Section 306.07 of the Indian River County Code is hereby adopted to read as follows:

Section 306.07 Registration fees for career offenders, convicted felons, sexual offenders and sexual predators.

1. Definition. For the purposes of this section, a registrant shall be defined as follows:

.(a) Registered Sexual Offender or Registered Sexual Predator means an individual who is required to register with the Sheriff as a "Sexual Offender" or "Sexual Predator", as prescribed under Section 775.21, 943.0435 and 944.607, Florida Statutes · ( also known as the Florida Sexual Predator Act).

(b) Convicted Felon means an individual who is required to register with the Sheriff as a Convicted Felon as prescribed under Section 775. 13, Florida Statutes.

( c) Career Offender means an individual who is required to register with the Sheriff as a Career Offender as prescribed under Section 775.261, Florida Statutes.

2. Initial registration. When a registrant is required to register with the Indian River County Sheriff upon release from incarceration or upon their arrival in Indian River County as a temporary or permanent resident pursuant to Section 775.13, 775.261, 775.21, 943.0435 and 944.607, Florida Statutes, the registrant shall pay an initial registration fee that shall be set by resolution of the Board.

3. Fee for current registrants. For each Career Offender, Convicted Felon, Sexual Offender and Sexual Predator, that is currently registered, the initial registration fee

2 161


shall apply during their first initial registration or re-registration, following passage ofthis ordinance.

4. Required updates. Any registrant that is required by state law to periodically update or otherwise validate a registrant's information based on the requirements of

. Section 775.21, 943.0435 and 944.607, shall pay a re-registration fee to be set by resolution of the Board.

5. Change of Address. A registrant that reports to the Sheriff a change, modification or addition in either a temporary or permanent address ( excluding changes made during required quarterly/bi-annual re-registrations) whereby the individual's change of address requires personal verification shall pay a fee to be set by resolution of the Board.

6. Exemptions _and Failure to Pay Registration Fees. The Sheriff shall not refuse to register, re-register or modify an address, or required information of a registrant who does not pay the fee, at the time of registering, as required by this ordinance.

( a) The Sheriff shall immediately invoice all unpaid fees, and provide a copy to the. Convicted Felon, Career Offender, Sexual Offender or Sexual Predator; for payment: All invoiced fees shall be paid within thirty (30) days of invoicing.

(b) Any portion of invoiced fees which remain unpaid after thirty (30) days may result in civil enforcement in accordance with Fla. Stat. Ch. 125.0l(l)(t) and Ch.125.69 (!).

( c) The Sheriff shall report unpaid fees in accordance with standard accounting practices and the county may seek to recover said fees in a civil action in the same manner as other money due the county.

( d) The Sheriff shall not require the payment of any fee from an un-emancipated minor, Juvenile Sexual Offender or Juvenile Sexual Predator who is less than eighteen years of age; until said individual reaches eighteen years of age; at which time the applicable fees shall apply. Registrations with the Sheriff upon reaching age of majority or emancipation shall constitute an Initial Registration.

( e) The Sheriff shall not require the payment of any fee from an individual whose change of address is the result of their incarceration. An incarcerated individual's initial registration and re-registration fees ( quarterly or biam1ual) still apply, and shall be collected.

7. Disposition of Collected Registration Fees. Fees collected pursuant to this ordinance shall be remitted to the County and shall be used for reimbursement of expenses incurred by the Indian River County Sheriffs Office in the administration of this section Optional language 1 [ or for crime prevention, school resource

3 162


officer programs, safe neighborhood programs, programs and training in protecting children from harm by Sexual Offenders and Sexual Predators, drug abuse and prevention programs or for other law enforcement purposes. Any surplus funds remaining in the revenue account established for this program at the end of each fiscal year shall be transferred to the County's general fund.] Optional language 2 [During the budget workshop process, the sheriff and the county commission shall decide whether these fees shall be used for reimbursement of expenses incurred by the Indian River County Sheriffs office in the administration of this program alone, or also for pro grams and training in protecting children from harm by sexual offenders and sexual predators.]

8. Penalties. A person who fails to pay all applicable registration fees in accordance with this Ordinance, or who violates any part of this section shall be subject to a fine not exceeding $500.00 in accordance with Section 125.0l(l)(t) and Sectionl25.69 (I), Florida Statutes.

9. Applicability. This Ordinance shall apply to incorporated as well as unincorporated areas of Indian River County.

SECTION 2: Conflict and Severability.

In the event this Ordinance conflicts with any other ordinance of Indian River County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion.

SECTION 3: Inclusion in the Code of Laws and Ordinances.

It is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and made a part of the Code ofindian River County, Florida. The sections of this Ordinance may be renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed o "section", "article", or any other appropriate word, however Sections 2, 3 and 4 shall not be codified.

SECTION 4. Effective Date.

This Ordinance shall take effect upon filing with the Florida Secretary of State.

4 163

ORDINANCE NO. 2009 - __

This ordinance was advertised in the Press Journal on the_ day of May, 2009, for a public hearing on the 9th day of June, 2009, at which time it was moved for adoption by Commissioner -------~ and seconded by Commissioner _________ , and adopted by the following vote:

Chairman Wesley S. Davis Vice Chairman Joseph Fleischer Commissioner Peter O'Bryan Commissioner Bob Solari Commissioner Gary C. Wheeler

The Chairman thereupon declared the ordinance duly passed and adopted this_ day of ____ _, 2009.


By _________ _

Deputy Clerk·


Deputy County Attorney

INDIAN RIVER COUNTY, FLORIDA by its Board of County Commissioners

By ___________ _


BCC Approved:

ACKNOWLEDGMENT by the Department of State of the State of Florida, this __ · day of ___ ~ 2009.

5 164

RESOLUTION NO.

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING REGISTRATION FEES FOR CONVICTED FELONS, CAREER OFFENDERS, SEXUAL OFFENDERS AND SEXUAL PREDATORS.

WHEREAS, state and federal law requires require convicted felons, career offenders, sexual offenders and sexual predators to register their residency with the sheriff of the county in which they reside; and

WHEREAS, in 2008 the County had 824 individuals required to register their residency with the Indian River County Sheriff; and

WHEREAS, the County does not receive any state or federal funding to operate the registration program; and

WHEREAS, the Sheriff currently has one investigator/detective whose primary responsibility is to monitor offenders and predators, investigate suspected law violations regarding offenders/predators, insure community notification and provide assistance to other investigators or agencies regarding offenders and predators; and

WHEREAS, the Sheriff also employs a staff assistant that spends approximately 90% of his/her time assisting the investigator/detective in monitoring and registering the individuals; and

WHEREAS, the Board of County Commissioners enacted Indian River County Code section 306.07 requiring convicted felons, career offenders, sexual offenders and sexual predators to pay registration fees and the ordinance requires the fees to be set by resolution of the Board; and

WHEREAS, in order to offset the resources expended in registering and monitoring these individuals, a reasonable fee shall be charged pursuant to ordinance,

NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:

1. The above recitals are affirmed in their entirety.

2. Any individual who is required to register, re-register or report changes of either a temporary or permanent address, or modify statutorily required information to the Sheriff, as a Convicted Felon, Career Offender, Sexual Offender or Sexual Predator shall pay the following fees to the Indian River County Sheriff's Office for such services: Initial Registration - the sum of fifty dollars ($50.00). Re-registration - the sum of twenty-five dollars ($25.00).

1

165

RESOLUTION NO.

Address/ Information Change - the sum of ten dollars ($10.00).

3. Said payment shall be paid at the time of registration and shall be paid in exact change/cash or certified funds, certified check or money order; no personal checks. All fees are non-refundable and non-transferable to or from other counties or jurisdictions with similar registration fee structures.

4. All Registration Fees paid by a Convicted Felon, Career Offender, Sexual Offender or Sexual Predator shall be recorded, and a copy of the receipt provided thereof.

5. The effective date for these new fees is June __ , 2009.

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 Wesley S. Davis Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Gary C. Wheeler

The Chairman thereupon declared the resolution duly passed and adopted this __ day of ______ , 2009.


By __________ _

Deputy Clerk

1 m K. DeBraal Deputy County Attorney

INDIAN RIVER COUNTY, FLORIDA by its Board of County Commissioners

By ____________ _


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Office of the

INDIAN RIVER COUNTY ADMINISTRATOR

Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM


Joseph A. Baird County Administrator

May 12, 2009

Notice of Scheduled Public Hearing for Upcoming Board Meeting

Please be advised that the following public hearing has been scheduled:

June 16, 2009 Meeting:

• Board consideration of the approval of a plan of finance to provide capital, including the issuance from time to time by the Escambia County Housing Finance Authority, on behalf of Indian River County and other participating counties, of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds.

This notice of public hearing is provided for the Board's information. No action is required at this time.


BY: 4 .O•~ "!1. djjqu._q II l ' lf FCfY-: _June 9, 2009 __ _

Indian River Co Date

Administrator

)l)C,J_

167

Depaitmental Matters


MEMORANDUM


FROM: Sasan Rohani, AICP S · /(/ Chief, Long-Range Planning

DATE: May 28, 2009

SUBJECT: CONSIDERATION OF AGREEMENTS FOR DONATION OF COUNTY OWNED SURPLUS PROPERTIES TO NON-PROFIT HOUSING ORGANIZATIONS FOR THE PROVISION OF AFFORDABLE HOUSING

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 9, 2009.

BACKGROUND

In 2006, the legislature passed HB 1363 relating to affordable housing. According to HB 1363 (Section 125.379, Florida Statutes), each county shall, by July I, 2007, and every 3 years thereafter, prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title that is appropriate for use as affordable housing. The inventory list must include:

• Address of each parcel • Legal description of each parcel (property tax I.D. number) • Indication if the property is vacant or improved • Indication if the property is appropriate for affordable housing

According to Section 125.379 (!), F.S., the governing body of the county must review the inventory list at a public hearing and may revise the list at the conclusion of the public hearing. The Board shall then

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adopt a resolution that includes an inventory list of county owned properties that are appropriate for affordable housing.

The properties on the list that are identified as appropriate for use as affordable housing may be:

• Sold to generate funds for the provision of affordable housing • Sold with a restriction that requires the development of the property as permanent affordable

housing, or • Donated to non-profit housing organizations for the construction of permanent affordable

housing


Using County Property Appraiser data as a base, staff conducted a search for county owned properties. That search yielded 441 county owned properties. After extensive research and coordination with other departments, planning staff identified the designated use for each of the properties on the list.

Many of these properties were purchased by the county for right-of-way, storm water, conservation, or other county related uses. Other properties are park sites in various subdivisions that were dedicated to the county through the platting process. Based on its research, staff determined that only 10 of the 441 parcels on the original list were not designated for any specific public use. Further review indicated that one property on the list; lot 6 listed on attachment #1 (2356 42nd Place), is not buildable.

On June 19, 2007, the Board of County Commissioners held a public hearing and adopted Resolution 2007-068. That resolution identified the 10 properties that were determined to be appropriate for the provision of affordable housing.

At the same meeting, the Board directed the General Services Director to offer those ten properties to a non-profit housing organization with an established Community Land Trust (CLT), where that CLT had established criteria, processes, and procedures acceptable to the Board of County Commissioners.

Since then, the Coalition for Attainable Homes, Inc. has established a CLT and has applied to the Internal Revenue Service for a 50l(c)(3) non profit designation. As part of establishing its CLT, the Coalition developed the following:

Articles of Incorporation By-Laws Ground Lease

In March 2008, the Coalition for Attainable Homes requested that the Board of County Commissioners donate 9 of the 10 properties determined (as part of Resolution 2007-068) to be appropriate for the provision of affordable housing to the Coalition for the construction of affordable housing units.

To ensure that the surplus county properties would be used for construction of affordable homes for very low and low income households within a certain time period, staff drafted an agreement between the county and the Coalition for Attainable Homes, listing all the terms and conditions for transferring the co1mty surplus properties to the Coalition. That draft agreement was submitted to the Coalition for its review on March 17, 2008.

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In mid April, the coalition chairman sent an e-mail to the Community Development Director declining the lot donation offer due to the requirements of the proposed agreement. After the Coalition declined the offer, staff coordinated with two other non-profit housing organizations, Habitat for Humanity, Inc. (HFH) and Every Dream Has A Price, Inc. (EDHAP), to determine if those organizations were interested in the surplus lots. Subsequently, those organizations, as well as the Coalition for Attainable Homes, Inc. (CFAH), requested donation of some of the surplus county owned lands (attachments 2, 3 and 4). Of the 2 buildable county owned surplus lots, EDHAP requested ±, HFH requested 2,, and CF AH requested l (see attachment #5).

Although the June 19, 2007 action by the Board of County Commissioners approving the donation of the referenced county owned surplus properties to a non-profit housing organization had a provision that the donated lots be provided to an organization with an established Community Land Trust (CL T), the only organization with a CLT is the Coalition for Attainable Homes, and the Coalition does not have the capability to construct houses on all of the donated lots within a reasonable (3 year) timeframe. While the CLT model is probably the best way to ensure that the houses built on the donated lots stay affordable, there are other means to ensure affordability and/or to recoup the county's share of the properties' value at the time of resale.

In this case, both Habitat for Humanity and Every Dream Has A Price, Inc. have indicated that they are interested in obtaining the donated lots, and both have the capability to construct homes on the lots within a reasonable timeframe. Even though neither HFH nor EDHAP is a CLT, both I-IFH and EDHAP are affordable housing non-profit agencies with the capability to construct homes on the donated lots. Therefore, it would be reasonable for the Board of County Commissioners to eliminate the requirement that the surplus lots be donated only to a non-profit that has a CL T. As a matter of fact, the county received an email from the chairman of the Coalition for Attainable Homes, Inc., on January 5, 2009, indicating that the coalition prefers not to utilize the CLT for the donated lands.

Attached to this staff report are draft agreements (attachments 6, 7, and 8) between the county and Habitat for Humanity, Inc.; the county and the Coalition for Attainable Homes, Inc, and the county and Every Dream Has A Price, Inc. These agreements specify the terms of the donations and the use of the properties being donated. The agreements will, through deed restrictions, ensure the affordability of the units to be built. For Every Dream Has A Price, Inc., the affordability will also be accomplished by ED HAP holding ownership of the properties and utilizing the units as rental property for very low and low income households. With the agreement provisions referenced above, the affordability of the lots to be donated to Habitat for Humanity, Inc., Every Dream Has A Price, Inc., and Coalition for Attainable Homes, Inc. can be assured.

At this point, the Board must review the information provided herein and decide whether or not to donate the county surplus properties to Habitat for Humanity, Inc., the Coalition of Attainable Homes, Inc., and/or Every Dream Has A Price, Inc. for the provision of affordable housing for very low and low income households.

RECOMMENDATION

Staff recommends that the Board of County Commissioners review and approve the attached agreements, authorize the chairman to execute the attached agreements with Habitat for Humanity, Inc., the Coalition of Attainable Homes, Inc., and Every Dream Has A Price, Inc., and direct the General

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Services Director to coordinate with the County Attorney's Office to transfer the ownership of the referenced properties to these organizations with deed restrictions which indicate that affordable housing units must be built on the donated properties for very low or low income households within 3 years or the properties will revert to the county. Further authorize the Chairman to execute the county deeds after approval of the County Attorney's Office.

Attachments

I. Copy of the Resolution 2007-068 containing a list of county owned properties which are appropriate for provision of affordable housing.

2. Copy ofletter from Habitat for Humanity, Inc., requesting county surplus property. 3. Copy of letter from Every Dream Has A Price, Inc. requesting county surplus

property. 4. Copy of letter from the Coalition for Attainable Homes, Inc., requesting county

surplus property. 5. Confirmed list of properties requested for donation by non-profit housing

organizations. 6. Copy of Agreement between the County and Habitat for Humanity, Inc. 7. Copy of Agreement between the County and the Coalition for Attainable Homes,

Inc. 8. Copy of Agreement between the County and Every Dream Has A Price, Inc.

Approved Agenda Item:

"t"~ M!,,,,4 F ~ ~ JtJ/Jj

Indian River Co. Approved

Admin.

Legal

Budget

Date

Dept.

Risk Mgr.

F:\Cornmunity Development\Users\ VICKIE\SASAN\donationofaffordablehousingsurplusland2 replacementpage.doc

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· RESOLUTION NO. 2007 - 068

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE LIST OF COUNTY OWNED PROPERTIES APPROPRIATE FOR THE PROVISION OF AFFORDABLE HOUSING

WHEREAS, Section 125.379, Florida Statutes, states that by July I, 2007, and

every 3 years thereafter, each county shall prepare an inventory list of all real property

within its jurisdiction to which the county holds fee simple title that is appropriate for use

as affordable housing; and

WHEREAS, county staff has compiled a list containing 441 county owned

properties and identified the designated use for each of these properties; and

WHEREAS, county staff has determined that 9nly ten (10) properties in the list

are appropriate for affordable housing.

NOW THEREFORE, BE IT RESOLOVED by the Board of County Commissioners of

Indian River County, Florida that:

Section 1.

The above recitals are ratified in their entirety.

Section 2.

The Board of County Commissioners hereby adopts the attached list of county owned properties which are appropriate for the provision of affordable housing (Attachment "A").

The foregoing resolution was offered by Commissioner Bowden and

seconded by Commissioner __ D_a_v_i _s ----~' and being put to a vote, the vote was

as follows:

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RESOLUTION 2007-068

Chairman, Gary C. Wheeler ey_e_ Vice Chairman, Sandra L. Bowden ey_e_ Commissioner Wesley S. Davis ~ Commissioner, Joseph E. Flescher m___ Commissioner, Peter O'Bryan ey_e_

The Chairman thereupon declared the resolution duly passed and adopted this 19th

day of June 2007.

Board of County Commissioners of Indian River County

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

BY:~~~~~=---~-'-· ~ William G. Collins, II County Attorney

F: \Com mun ity Devel op men t\ Users\ VI CKIE\SASAN\a ffordab Iehous ings u rplus I andordi nance.d oc

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ATTACHMEi!T

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#

1

2

3

4 5 6

7

8

9

10

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Attachment "A" List of County Owned Property Appropriate for Affordable Housing (2007)

Parcel# Property Address Location,s Zoning Improved or Subdivision County Designated Use

I ( corresponding # to the county owned Jurisdiction Vacant properties (2007) list) 3 3-3 9-25-00006-0040-00022. 1 ( 4) 1 Im Ct. SW County RM-6 Vacant IR Farms No designated use (acquired through tax deed

OR BK 465 PG 970) 33-39-25-00006-0040-00022.3 (5) 1 I'" Ct. SW County RM-6 Vacant IR Farms No designated use ( acquired through tax deed

ORBK 1671 PG 1321) 3J-37-00-00004-0080-00194.0 (113) 1016 Booker Street Fellsmere FR! Vacant Hall, Carter and No designated use (acquired through Tax

James Sub Deed ORBK 1765 PG 1656) 32-39-22-00007-0090-00009.0 (246) 4716 33'" Avenue County RM-10 Vacant Smith Plaza 32-39-26-00000-3000-00016.0 (256) 4214 25"' Avenue Countv RM-10 Imnroved Metes and Bounds Dilanidated house 32-39-26-00005-00I0-00005.0 (263) 2356 42"' Place County RM-10 Vacant Spruce Park

Subdivision 32-39-26-00005-0050-00002.0 (266) 4256 25'" A venue County RM-10 Vacant Spruce Park No designated use (acquired through tax deed

Subdivision OR BK 1823 PG 1885 32-39-26-00005-0050-00008.0 (268) 4265 24'" Court County RM-10 Vacant Spruce Park No designated use (acquired through tax deed

Subdivision ORBK 1447 PG 3009) 32-39-26-00010-0080-00! 10.0 (271) 1865 38'" Place County RM-8 Vacant Geoffrey's WE No designated use (acquired through Tax

Sub Deed OR BK 1790 PG 570) 32-39-26-00010-0080-00111.0 (272) 1855 38'" Place County RM-8 Vacant Geoffrey's WE .No designated use (acquired through Tax

Sub Deed OR BK 1790 PG 573)

F:\Community Development\Users\VICKIEISASAN\affordablehousingattachmentA.doc

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AfFll_1:'unnrMT 1

Board of Directors

Rene J. Donars

Chair

Todd Heckman

Vice-Chair

Rev. Carol Trax Secretary

P. Andy Beindorf

Treasurer

Brian Adams

Bruce Barkett

Gene Billero Marti Bireley

Peter Clements

Sue Croom

Deputy Teddy Floyd James R. Goldsmith

Joe ldlette

Arthur R. Neuberger

Connie Poppell Jeffrey Smith

Rev. Timothy Womack

Freddie L. Woolfork

Board of Advisors

France T. Kenyon

Chair

Ben Bailey Ill

Susan Bailey Marcia R. Blackburn

W. Bradford Briggs

Bradford Burnham

C. William Curtis, Jr.

Nancy Curtis Rene J. Donars

Wheatie Gibb

William F. Glavin

Nancy Geodes

Kevin Grady

Thomas Hurley Ethel Marran

Alex MacWilliam Ill

John E. Moore Ill

Anna Nichols

Merry Parent

Sandra G. Rennick

David E. A. Riker

Dick Schroeder

Michael E. Schwartz

Peter J. Wallace

President/ CEO

Andrew R. Bowler

Indian River

Habitat for Humanity•

4568 N. U.S. Hwy. 1, Vero Beach, FL 32967 • Tel: 772-562-9860 • Fax: 772-562-8732 • www.irchabitat.org

July 22, 2008

Mr. Sasan Rohani, AICP Chief Long-Range Planning Section Planning Division Indian River County 1801 27th Street Vero Beach, FL 32960

Re: County Land Offer

DearSasan:

Following up on our meeting earlier today I am pleased to accept on behalf of Indian River Habitat for Humanity the following two parcels:

(1)

(2)

33-39-25-00006-0040-00022. l located on 11th CT

33-39-25-00006-0040-00022.3 located on 11th CT

In addition, if the two Geoffrey Subdivision parcels should come back to the County, Habitat would be willing to accept them as we already have property in that community.

Thank you, not only for this kind donation of land, but also for all you do to assist Habitat for Humanity in it's mission of providing simple, decent affordable homes for families in need in Indian River County.

Yours sincerely;

Andrew R. Bowler President / CEO

AN ECU·MENICAL CHRISTIAN MINISTRY 175

EVERY DREAM HAS A PRICE, INC.

May 26'\ 2009

Bob Keating Community Development Department Indian River County 1801 27th Street Vero Beach, FL 32960

RE: County Surplus Property

Dear Mr. Keating,

Please accept this letter as confirmation that Every Dream Has A Price, Inc. gratefully accepts the county's offer regarding the donation of county surplus property. Specifically, our organization would like to accept fo,,.., properties: parcel 31-37-00-00004-0080-00194.0 (#3), parcel 32-39-26-00000-3000-00016.0 (#5), parcel 32-39-26-00005-0050-00002.0 (#7), and parcel 32-39-26-0005-0050-00008.0 (#8).

As previously discussed in the April 24th meeting, measures will be taken to ensure perpetuity with regards to providing permanent affordable housing for very low income and low income individuals and/or families. Our organization intends to retain ownership of the land.

Please contact me at 713-6883 or at [email protected] to inform us about how to proceed with the acquisition of the f'"i,_ocj'lsurplus lots.

Sincerely,

0>,: -~•.~~.rz, -~ Julianne R. Price President

ATTACHMENT 3

176

COALJTION FOR ATTAINABLE HOMES, INC.

OFFICERS

1n1mediate Past

Chairman Jim Gokkrnfth

Chairman Tom Tierney

Vice Chairrr.an

Louise Htiblrnrd

S1;;ccre:t·ary Connl0 Popp0!1

Treasun::r,

TodcJ Heckman

BOARD MEMBERS

J<el/y Bro,vn

Jim Davis

Virginia Gallo

Gaye i<"lng

Hlchard St;;ri-;

ADMINISTRATOR

Huth Meyers

To create, support and advocate for attainable housing

June 25, 2008

Mr. Robert Keating Community Development Director Indian River County 1801 2th Street Vero Beach, FL 32960

Re: . Requesting Lots 4, 9 and 10 per FS 125.379

Dear Bob:

As indicated in our letter of June 9th, the Coalition discussed with Julianne

Price, of Every Dream Has a Price, and Andy Bowler, of Habitat for Humanity, our organizations' interests in the surplus lots offered by the County pursuant to FS 125.379. Based on this discussion, the Coalition respectfully requests lots 4, 9, and 10 on the attached list.

Each of our organizations will propose a strategy to meet the County's affordability goals and the statute's requirements. The Coalition will utilize these lots to establish a community land trust, thereby ensuring permanent affordability.

We look forward to working with the County to implement this important housing strategy. Please advise us as to how we should proceed.

Sincerely,

Tom Tierney Chairman

Attached: Appendix A

Cc: Sasan Rohani lTrACHMtNT 4

1717 Indian River Boulevard, Suite 301, Vero Beach, FL 32960 C (772.) 567-7970 ext. 104 t' (772)567-7960

177

County Owned Property Request by Non-Profit Housing Organizations

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1 2 3 4 5

6 7 8 9 10

Parcel# Property Address Location's Jurisdiction

33-39-25-00006-0040-00022. l 11 th Ct. SW County 33-39-25-00006-0040-00022.3 I Ith Ct. SW County 3l-37-00-00004-0080-00194.0 IO 16 Booker Street Fellsmere 32-39-22-00007-0090-00009.0 4716 33rn Avenue County 32-3 9-26-00000-3000-00016 .0 4214 25"' Avenue County

32-39-26-00005-0010-00005 .0 2356 42"d Place County 32-39-26-00005-0050-00002.0 4256 25th Avenue County 32-39-26-00005-0050-00008.0 4265 24'" Court County 32-39-26-00010-0080-00110.0 1865 38th Place County 32-39-26-00010-0080-00111.0 1855 38"' Place County

HFH: Habitat For Humanity, Inc. EDHAP: CFAH:

Every Dream Has A Price, Inc. Coalition For Attainable Homes, Inc.

F'.\Community Development\Users\VICKIE\SASAN\affordablehousingattachmentA.doc

F:\Community Development\Users\SHIP\Agreement - Everydreamhasaprice.doc

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Subdivision

IR Farms IR Farms HC&J Smith Plaza Metes and Bounds Spruce Park Soruce Park Spruce Park Geoffrey's Geoffrey's

ii) ~~

,,;

'

Request by Request by EFH EDHAP

X X

X ---

X

--- ---X --- ---

ATTACHMENT

Request by CF AH Confirmed Request

HFH HFH

EDHAP X CFAH

EDHAP

--- Not Buildable EDHAP

--- EDHAP X CFAH X CFAH

,.

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,, . ''

AGREEMENT BETWEEN INDIAN RIVER COUNTY AND

HABITAT FOR HUMANITY, INC. FOR

DONATION OF SURPLUS COUNTY OWNED LANDS

This Agreement for Donation of Surplus County-Owned Lands ("Agreement") is made and entered as of this 2nd day of June, 2009 ("Effective Date"), by and between Indian River County, a political subdivision of the State of Florida ("County"), and Habitat for Humanity, Inc., a Florida not-for-profit corporation ("Applicant").

BACKGROUND RECITALS:

WHEREAS, County, pursuant to the requirements of Section 125.379 Florida Statutes, prepared a list of County-owned land appropriate for the provision of affordable housing; and

WHEREAS, County, on June 19, 2007, following a duly noticed public hearing, adopted Resolution 2007-068, finding that ten (10) County-owned parcels, as set forth therein, were appropriate for the provision of affordable housing; and

WHEREAS, County agreed to donate the parcels to non-profit housing organizations for the construction of homes for very-low-income and low-income households; and

WHEREAS, Applicant is a Florida non-profit corporation and a corporation organized exclusively for charitable, religious, literary, scientific, and educational purposes as set forth in section 501 (c)(3) of the Internal Revenue Code of 1986, as amended ("Section 501 ( c)(3) Entity"), and specifically organized for the purpose of building homes for very-low-income and low-income households; and

WHEREAS, Applicant has formally requested that the County donate the parcels shown in Exhibit "A" attached hereto and made a part hereof (each such parcel herein referenced as a "Lot") to AppliCc)nt for the construction of homes for very-low-income and low-income households. ·

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, County and Applicant agree as follows:

ARTICLE 1 GENERAL REQUIREMENTS

1.1. Applicant shall construct and complete, through the receipt of a Certificate of Occupancy, one single family residence on each Lot within three (3) years of the date of the deed of conveyance of the Lots to Applicant. Applicant and County acknowledge and agree that one ( 1) of the Lots has the capacity to be subdivided into multiple Lots and each such subdivided Lot shall have one (1) single family residence on it and all such subdivided lots are, for all purposes herein, collectively included within the terms Lot and Lots. If a Certificate of Occupancy is not issued for any of the single family residences on any Lot within the referenced 3 year timeframe, the title to any such Lot shall revert to the County unless an extension of the three (3) year time frame is approved by the Indian River County Board of County Commispioners at a regularly scheduled meeti?g thereof.

ATTACHMENT 6 1

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1.2. With respect to the Lots, Applicant shall, consistent with SHIP program Rule 63-37, Florida Administrative Code ("FAC") verify the income of all original and subsequent applicants/buyers and qualify only those applicants whose incomes conform to SHIP approved low-income or very-low-income household criteria.

1.3. The sale price of each original home to be built on any Lot shall not exceed 2.5 times the County's median household income (Indian River County's current 2008 median household income is $57,000.00). Applicant covenants to obtain from the County's ProjectManager, or his designee, the new median income applicable to succeeding calendar years for the term of this Agreement.

1.4. Each home built on a Lot must be sold to a very-low-income or low-income (as such terms are defined in Florida Statutes section 420.0004) household, and be an owneroccupied unit. These homes shall not be used as rental property.

1.5. By April 1st of each year during the term of this Agreement, Applicant shall submit an annual report to the County Community Development Department indicating progress on utilization of the Lots. Once the homes are constructed, the annual report shall provide information on occupancy of the units and any changes to the unit's ownership.

1.6. Applicant may encourage its applicants to apply for County SHIP or HOME program down payment/closing cost and impact fee loan assistance at SHIP/HOME application acceptance times as advertised by the County. Applicant may also utilize the County's SHIP applicant list to find clients for homes. -

1.7. All appropriate building permits must be obtained for construction of housing units on the Lots [each such Lot as improved with the residential dwelling herein referenced as "Property'']. County agrees to use its best efforts to expedite the review and permitting of affordable housing units being built by Applicant.

1 .8. County shall convey each Lot to Applicant by Statutory County Deed containing covenants running with the land/deed restrictions to ensure that each Lot and each Property are permanently used for affordable housing, as such term is defined in Florida Statutes section 420.0004(3), including, without limiting the generality of the foregoing, a reversionary clause in favor of Indian River County as set forth herein. The sale and resale price of the Property must be "affordable" to the new Very-Low-Income or Low-Income (as such terms are defined in Florida Statutes section 420.0004) purchaser. Therefore, the deed restrictions will also prohibit any Property from being sold: (a) at a price that causes the household's monthly housing cost (principal, taxes, and insurance) to exceed thirty percent (30%) of the annual Adjusted Gross Income for a household that is Very-Low-Income or Low-Income (as such terms are definetf in Florida Statutes section 420.0004); or (b) to a buyer who is not eligible due to his or her household income exceeding the thresholds set forth in Florida Statutes section 420.004 for Very-Low-Income or Low-Income households. The Applicant shall pay the costs of: (a) documentary stamps on the deed of conveyance, and (b) recording the deed of conveyance.

1 .9. Applicant may, but shall not be obligated to, enter into a Shared Appreciation

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Agreement with purchasers of units to be built by Applicant on the Lots.

1.10. Contemporaneously with the sale of the Property to a homeowner, Applicant may obtain a "Right of First Refusal" to purchase the Property if the homeowner opts to sell the Property; provided that, upon exercise of such right, Applicant: (a) sells the Property to another purchaser who meets the definition of very-low-income or low-income persons as set forth in Florida Statutes section 420.0004; and (b} complies with the provisions of paragraph 1.11 of this Agreement in connection with the sale to the new homeowner.

1.11. Applicant acknowledges and agrees that (a} the Lots are, by statute, intended to be used for the construction of permanent affordable housing; (b) all prospective and actual purchasers of homes to be built by Applicant on the Lots shall receive written information and counseling concerning the deed restrictions on the Lots; (c} all deeds conveying the Lots and the Property shall specifically include the reference to the deed restrictions on the Lots; ( d} Applicant has a continuing obligation to monitor sales and resales of each Property; (e) the County must approve all subsequent sales and resales of each Property; and (f} the deed restrictions may be released only by a written instrument in recordable form, as more specifically set forth in such deed.

1.12. Applicant shall ensure that appropriately licensed persons, as applicable, construct or supervise the construction of the housing units built on the Lots. Applicant shall hold County harmless from any claim of lien filed under Chapter 713, Florida Statutes by any contractor, subcontractor or any other person or entity performing work or supplying materials on behalf of Applicant.

1.13. Applicant expressly acknowledges and agrees that: (a) it hasinspected the Lots and accepts the same As Is, Where Is in the condition existing as of the Effective Date, together with all defects, latent and patent, if any; (b} County has made no representations or warranties of any nature whatsoever regarding the Lots, including, without limitation, title, the physical conditions of the Lots; any improvements located thereon; the availability of utilities; or the suitability of the Lots for Applicant's intended use; (c) Applicant is entering into this Agreement based on its own independent investigation of the Lots and has satisfied itself as to the general and local conditions, particularly those bearing on the availability of water, sewer, electric power, communications facilities, and road access; and ( d) the County assumes no responsibility or obligation to provide any facilities of any nature whatsoever at the Lots and/or in connection with the construction of the housing units to be constructed thereon. 1.14. Applicant expressly acknowledges and agrees that it shall be solely responsible to obtain water, sewer, electric power, telephone, and television utilities for the Lots, including any associated security deposit or initial set-up charges. 1.15. Applicant acknowledges and agrees that is has the sole responsibility to pay any and all ad valorem taxes levied or assessed against the Lots, while the Lots are owned by the Applicant, including any special assessments imposed on or against the Lots and/or a Property for the construction or improvement of public works, and shall pay the same when due, unless exempt.

ARTICLE 2 DEFINITIONS

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2.1. County and Applicant agree that the definitions in SHIP Program Rule 67-37 FAC; Florida Statutes Chapter 420; and the County's Local Housing Assistance Plan, as any of the foregoing are amended from time to time, apply to terms used in this Agreement. Any term defined in the SHIP Program Rules and not otherwise defined in this Agreement shall have the meaning set forth in said Statutes and Rules or amended by the State of Florida through SHIP Program memorandums.

ARTICLE 3 COMPLIANCE WITH LAWS

3.1. Applicant shall maintain its existence as a not-for-profit corporation under the applicable laws of the State of Florida and its qualification as a Section 501 ( c )(3) Entity during the term of this Agreement. Applicant acknowledges and agrees that, in the event ( a) Applicant loses its status as Section 501 (c)(3) Entity; or (b) Applicant dissolves its corporate existence, and either of the foregoing occur while Applicant is still the owner of the Lots, then all right, title and interest of Applicant in and to the Lots shall automatically terminate and be rendered null and void, and all right, title and interest in and to the Lots shall automatically vest in Indian River County, a political subdivision of the State of Florida.

3.2. Applicant shall comply with all applicable Federal, State and local laws in its performance under this Agreement, including, without limiting the generality of the foregoing, all regulations applicable to the SHIP Program found in Chapter 67-37, FAC; Section 420 Part VII, Florida Statutes; and the Indian River County Local Housing Assistance Plan, as any or all of the foregoing are amended from time to time.

3.3 Applicant understands and agrees that the use of the Lots must comply with all state and local regulations applicable to construction of single-family residential dwellings.

3.4 The County and the Applicant acknowledge and agree that the clauses in this Agreement with respect to reversion of the Lots are governed by the exception found in Florida Statutes section 689.18(5): "Any and all conveyances of real property in this state heretofore or hereafter made to any governmental, educational, literary, scientific, religious, public utility, public transportation, charitable or nonprofit corporation or association are hereby excepted from the provisions of this section [reverter or forfeiture provisions of unlimited duration in the conveyance of real estate]."

ARTICLE 4 PROJECT RECORDS

4.1. Applicant covenants to maintain complete and accurate project records; inspection and monitoring reports; and any other documentation necessary or required to assure compliance with this Agreement (the foregoing herein collectively "Records"); and to retain all such Records for five years after the Certificate of Occupancy is issued for the last new housing unit constructed under this Agreement. Applicant shall maintain and retain, at its usual place of business, all required Records to demonstrate compliance with this Agreement and the County's Local Housing Assistance Plan. Records must be kept for each Lot; Property; and each household assisted to demonstrate that each household assisted is in compliance with County's Local Housing Assistance Plan.

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ARTICLE 5 EVALUATION AND MONITORING

5.1. Applicant agrees that County may carry out periodic monitoring and evaluation activities as determined necessary by County. Applicant agrees to furnish information, reports, files, and Records upon request to County or its designees, and make copies and/or transcriptions of such records and information, as is determined necessary by County.

5.2. County, the State, or any of their duly authorized representatives, upon giving five (5) days notice to Applicant, shall at all times have the right and option to monitor, inspect, audit, and review Applicant's compliance with this Agreement. All of the above mentioned entities shall have the right to inspect any and all Records, books, documents, or papers of Applicant in connection with this Agreement for the purpose of making audit examinations, excerpts, and transcriptions.

5 .3. Applicant agrees that continuation of this Agreement is dependent upon satisfactory monitoring and evaluation of activities and timely completion of the project according to the terms of this Agreement.

ARTICLE 6 NON-DISCRIMINATION CERTIFICATE

6.1 . In connection with its performance under this Agreement, Applicant certifies that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in connection with, any application for purchase of the homes to be built on the Lots because of race, creed, color, national origin, gender, familial status, handicap, religion, or age.

ARTICLE 7 INDEPENDENT CONTRACTOR

7.1. It is specifically acknowledged and agreed by the parties hereto that the Applicant is and shall be, in the performance of all activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the County. All persons engaged in any of the activities or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Applicant's sole direction, supervision, and control, and in all respects the Applicant's relationship and the relationship of its employees to the County shall be that of an independent contractor performing solely under the terms of this Agreement and not as employees, agents, or servants of the County.

ARTICLE 8 PUBLIC ENTITY CRIMES; DISCLOSURE OF RELATIONSHIPS.

8.1. Applicant certifies that it has complied with Paragraph (2)(a) of Section 287.133, Florida Statutes, which states that a "person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or

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perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list".

8.2. Pursuant to Section 105.08 of The Code of Indian River County, prior to signing this Agreement, the Applicant shall complete and return a duly notarized "Disclosure of Relationships" statement in the form set forth on Exhibit "B" attached hereto and made a part hereof.

ARTICLE 9 REMEDIES; NO ASSIGNMENT

9.1. Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes section 125.379 for the construction of permanent affordable housing. Accordingly, the parties acknowledge and agree that the County's remedy for breach of this Agreement by Applicant shall be as follows:

(a) Any use of any Lot by Applicant in violation of this Agreement shall result in reversion of the Lot to the County and Applicant shall, immediately upon request of County, execute and record a Quitclaim Deed conveying such Lot to the County;

(b) Any other default by Applicant under this Agreement that remains uncured for 30 days following notice thereof from the County to the Applii::ant shall be cause for the County to declare this Agreement in default and, thereafter, the Applicant shall be removed from the lists of: (i) eligible recipients of, and may not apply for, donation of future surplus lots; and (ii) eligible purchasers of future surplus lots, all of the foregoing as contemplated to occur pursuant to Florida Statutes section 125.379 in 2010.

9.2. No Assignment. Applicant shall not in any manner, assign, transfer, mortgage, pledge, encumber, or otherwise convey an interest in this Agreement or any part hereof (anyone of the foregoing events hereinafter referenced as an "Assignment"), without the prior written consent of the County, which consent shall not be unreasonably delayed, conditioned, or withheld. Any such attempted Assignment without County approval shall be null and void.

ARTICLE 10 MISCELLANEOUS

10.1. This Agreement 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.

10.2. 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 hereof that are not contained in this document. Accordingly, it is agreed that no deviation

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from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Applicant and the County.

10.3. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law.

10.4. The Applicant shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.

10.5. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Applicant shall survive the termination or expiration of this Agreement.

10.6. 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 or neuter, singular or plural, as the identity of the party or parties may require. The terms "hereof', "hereby", "herein", "hereto", and similar terms, refer to this. Agreement

10.7. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs.

10.8. The Applicant shall comply with the applicable provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement.

10.9. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument.

10.10. The Background Recitals are true and correct and form a material part of this Agreement.

1 0 .11 . Any notices required or allowed hereunder shall be in writing and given by certified mail, return receipt requested, or in person with proof of delivery, to the addresses below, or such other address as either party shall have specified by written notice to the other party delivered in accordance herewith:

APPLICANT: Andrew R. Bowler, Executive Director Indian River Habitat for Humanity, Inc. 4568 N. U.S. Hwy 1 Vero Beach, FL 32967

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.· ,'

COUNTY: Robert M. Keating, AICP Community Development Director and Project Manager Indian River County 1801 2ih Street Vero Beach, FL 32960

1 0 .12. The County and the Applicant mutually represent and warrant to each other that there are no brokers involved in this transaction.

10.13. Time shall be of the essence of the obligations of the parties under this Agreement

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their respective names as of the date first set forth above.

Attest: J. K. Barton, Clerk INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

By __________ _

Deputy Clerk By _____________ _ Wesley S. Davis, Chairman

BCC approval date: _________ _ Approved:

proved as to form and legal

~,;ea,~ ~ /M~


Date: 5""'~ .2"- - o, --------~-

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Paree]: 33392500006004000022.3 i Full Legal Descriptio'!

FARMS CO SUB

Parcel: 33392500006004000022.l ti Full Legal Description

IND RIV FARMS CO SUB PBS 2-25 N 280 FT

AOFE20A OF

OF S 1060 FT OFW 125FT OFE 135 FTOFW 10 A OFE20 A 0

F 1R 4 (OR l3K4Ci~1'P .... (970) .

187


COALITION FOR ATTAINABLE HOMES, INC. FOR


This Agreement for Donation of Surplus County-Owned Lands ("Agreement") is made and entered as of this 2nd day of June, 2009 ("Effective Date"), by and between Indian River County, a political subdivision of the State of Florida ("County"), and Coalition for Attainable Homes, Inc., a Florida not-for-profit corporation ("Applicant").




WHEREAS, County agreed to donate the parcels to non-profit housing organizations for the construction of homes for very-low income and low-income households; and

WHEREAS, Applicant is a Florida non-profit corporation and a corporation organized exclusively for charitable, religious, literary, scientific, and educational purposes as set forth in section 501 (c)(3) of the Internal Revenue Code of 1986, as amended ("Section 501(c)(3) Entity"), and specifically organized for the purpose of building homes for very low and low income households; and

WHEREAS, Applicant has formally requested that the County donate the parcels shown in Exhibit "A" attached hereto and made a part hereof (each such parcel herein referenced as a "Lot") to Applicant for the construction of homes for very-low-income and lowincome households.



1.1. Applicant shall construct and complete, through the receipt of a Certificate of Occupancy, one single family residence on each Lot within three (3) years of the date of the deed of conveyance of the Lots to Applicant. If a Certificate of Occupancy is not issued for any of the single family residences on any Lot within the referenced 3 year timeframe, the title to any such Lot shall revert to the County unless an extension of the three (3) year time frame is approved by the Indian River County Board of County Commissioners at a regularly scheduled meeting thereof.

1.2. With respect to the Lots, Applicant shall, consistent with SHIP program Rule 63-37, Florida Administrative Code ("F.A.C.") verify the income of all original and subsequent

ATTACHMENT 7

il t

188

applicants/buyers and qualify only those applicants whose incomes conform to SHIP approved low or very low income household criteria.

1.3. The sale price of each original home to be built on any Lot shall not exceed 2.5 times the County's median household income (Indian River County's current 2008 median household income is $57,000.00). Applicant covenants to obtain from the County's Project Manager, or his designee, the new median income applicable to succeeding calendar years for the term of this Agreement.

1.4. Each home built on a Lot must be sold to a very low or low income household, and be an owner occupied unit. These homes shall not be used as rental property.

1.5. By April 1st

of each year during the term of this Agreement, Applicant shall submit an annual report to the County Community Development Department indicating progress on utilization of the Lots. Once the homes are constructed, the annual report shall provide information on occupancy of the units and any changes to the unit's ownership.

1.6. Applicant may encourage its applicants to apply for County SHIP or HOME program down payment/closing cost and impact fee loan assistance at SHIP/HOME application acceptance times as advertised by the County. Applicant may also utilize the County's SHIP applicant list to find clients for homes.

1.7. All appropriate building permits must be obtained for construction of housing units on the Lots [each such Lot as improved with the residential dwelling herein referenced as "Property"]. County agrees to use its best efforts to expedite the review and permitting of affordable housing units being built by Applicant.

1.8. County shall convey each Lot to Applicant by Statutory County Deed containing covenants running with the land/deed restrictions to ensure that the lots and each Property are permanently used for affordable housing, as such term is defined in Florida Statutes section 420.0004(3), including, without limiting the generality of the foregoing, a reversionary clause in favor of Indian River County as set forth herein. The sale and resale price of the Property must be "affordable" to the new Very-Low-Income or Low-Income (as such terms are defined in Florida Statutes section 420.0004) purchaser. Therefore, the deed restrictions will also prohibit any Property from being sold: (a) at a price that causes the household's monthly housing cost (principal, taxes, and insurance) to exceed thirty percent (30%) of the annual Adjusted Gross Income for a household that is Very-Low-Income or Low-Income (as such terms are defined in Florida Statutes section 420.0004); or (b) to a buyer who is not eligible due to his or her household income exceeding the thresholds set forth in Florida Statutes section 420.004 for Very-Low-Income or low-Income households. The Applicant shall pay the costs of: (a) documentary stamps on the deed of conveyance, and (b) recording the deed of conveyance.

1.9. Applicant may, but shall not be obligated to, I enter into a Shared Appreciation Agreement with purchasers of units to be built by Applicant on the lots .

•

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189

1.10. Contemporaneously with the sale of the Property to a homeowner, Applicant may obtain a "Right of First Refusal" to purchase the Property if the homeowner opts to sell the Property; provided that, upon exercise of such right, Applicant: (a) sells the Property to another purchaser who meets the definition of very-low-income or low-income persons as set forth in Florida Statutes section 420.0004; and (b) complies with the provisions of paragraph 1.11 of this Agreement in connection with the sale to the new homeowner.

1.11. Applicant acknowledges and agrees that (a) the Lots are, by statute, intended to be used for the construction of permanent affordable housing; (b) all prospective and actual purchasers of homes to be built by Applicant on the Lots shall receive written information and counseling concerning the deed restrictions on the Lots; (c) all deeds conveying the Lots and the Property shall specifically include the reference to the deed restrictions on the Lots; (d) Applicant has a continuing obligation to monitor sales and resales of each Property; (e) the County must approve all subsequent sales and resales of each Property; and (f) the deed.restrictions may be released only by a written instrument in recordable form, as more specifically set forth in such deed.

1.12. Applicant shall ensure that appropriately licensed persons, as applicable, construct or supervise the construction of the housing units built on the Lots. Applicant shall hold County harmless from any claim of lien filed under Chapter 713, Florida Statutes by any contractor, subcontractor or any other person or entity performing work or supplying materials on behalf of Applicant.

1.13. Applicant expressly acknowledges and agrees that: (a) it has inspected the Lots and accepts the same As Is, Where Is in the condition existing as of the Effective Date, together with all defects, latent and patent, if any; (b) County has made no representations or warranties of any nature whatsoever regarding the Lots, including, without limitation, title, the physical conditions of the Lots; any improvements located thereon; the availability of utilities; or the suitability of the Lots for Applicant's intended use; (c) Applicant is entering into this Agreement based on its own independent investigation of the Lots and has satisfied itself as to the general and local conditions, particularly those bearing on the availability of water, sewer, electric power, communications facilities, and road access; and (d) the County assumes no responsibility or obligation to provide any facilities of any nature whatsoever at the Lots and/or in connection with the construction of the housing units to be constructed thereon.

1.14. Applicant expressly acknowledges and agrees that it shall be solely responsible to obtain water, sewer, electric power, telephone, and television utilities for the Lots, including any associated security deposit or initial set-up charges.

1.15. Applicant acknowledges and agrees that is has the sole responsibility to pay any and all ad valorem taxes levied or assessed against the Lots, while the Lots are owned by the Applicant, including any special assessments imposed on or against the Lots and/or a Property for the construction or improvement of public works, and shall pay the same when due, unless exempt.

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2.1. County and Applicant agree that the definitions in SHIP Program Rule 67-37 F.A.C; Florida Statutes Chapter 420; and the County's Local Housing Assistance Plan, as any of the foregoing are amended from time to time, apply to terms used in this Agreement. Any term defined in the SHIP Program Rules and not otherwise defined in this Agreement shall have the meaning set forth in said Statutes and Rules or amended by the State of Florida through SHIP Program memorandums.


3.1. Applicant shall maintain its existence as a not-for-profit corporation under the applicable laws of the State of Florida and its qualification as a Section 501 (c)(3) Entity during the term of this Agreement. Applicant acknowledges and agrees that, in the event (a) Applicant loses its status as Section 501 (c)(3) Entity; or (b)_Applicant dissolves its corporate existence, and either of the foregoing occur while Applicant is still the owner of the Lots, then all right, title and interest of Applicant in and to the Lots shall automatically terminate and be rendered null and void, and all right, title and interest in and to the Lots shall automatically vest in Indian River County, a political subdivision of the State of Florida.

3.2. Applicant shall comply with all applicable Federal, State and local laws in its performance under this Agreement, including, without limiting the generality of the foregoing, all regulations applicable to the SHIP Program found in Chapter 67-37, Florida Administrative Code; Section 420 Part VII, Florida Statutes; and the Indian River County Local Housing Assistance Plan, as any or all of the foregoing are amended from time to time.

3.3 Applicant understands and agrees that the use of the Lots must comply with all state and local regulations applicable to construction of single-family residential dwellings.

3.4 The County and the Applicant acknowledge and agree that the clauses in this Agreement with respect to reversi.on of the Lots are governed by the exception found in Florida Statutes section 689.18(5):"Any and all conveyances of real property in this state heretofore or hereafter made to any governmental, educational, literary, scientific, religious, public utility, public transportation, charitable or nonprofit corporation or association are hereby excepted from the provisions of this section [reverter or forfeiture provisions of unlimited d.uration in the conveyance of real estate]."


4.1. Applicant covenants to maintain complete and accurate project records; inspection and monitoring reports; and any other documentation necessary or required to assure compliance with this Agreement (the foregoing herein collectively "Records"); and to retain all such Records for five years after the Certificate of Occupancy is issued for the last new housing unit constructed under this Agreement. Applicant shall maintain and retain, at its usual place of business, all required Records to demonstrate compliance with this

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Agreement and the County's Local Housing Assistance Plan. Records must be kept for each Lot; Property; and each household assisted to demonstrate that each household assisted is in compliance with County's Local Housing Assistance Plan.


5.1. Applicant agrees that County may carry out periodic monitoring and evaluation activities as determined necessary by County. Applicant agrees to furnish information, reports, files, and Records upon request to County or its designees, and make copies and/or transcriptions of such records and information, as is determined necessary by County.

5.2. County, the State, or any of their duly authorized representatives, upon giving five (5) days notice to Applicant, shall at all times have the right and option to monitor, inspect, audit, and review Applicant's compliance with this Agreement. All of the above mentioned entities shall have the right to inspect any and all Records, books, documents, or papers of Applicant in connection with this Agreement for the purpose of making audit examinations, excerpts, and transcriptions.

5.3. Applicant agrees that continuation of this Agreement is dependent upon satisfactory monitoring and evaluation of activities and timely completion of the project according to the terms of this Agreement.


6.1. In connection with its performance under this Agreement, Applicant certifies that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in connection with, any application for purchase of the homes to be built on the Lots because of race, creed, color, national origin, gender, familial status, handicap, religion, or age.


7.1. It is specifically acknowledged and agreed by the parties hereto that the Applicant is and shall be, in the performance of all activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the County. All persons engaged in any of the activities or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Applicant's sole direction, supervision, and control, and in all respects the Applicant's relationship and the relationship of its employees to the County shall be that of an independent contractor performing solely under the terms of this Agreement and not as employees, agents, or servants of the County.


8.1. Applicant certifies that it has complied with Paragraph (2)(a) of Section 287.133, Florida Statutes, which states that a "person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on

5

192

a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list".

8.2. Pursuant to Section 105.08 of The Code of Indian River County, prior to signing this Agreement, the Applicant shall complete and return a duly notarized "Disclosure of Relationships" in the form set forth on Exhibit "B" attached hereto and made a part hereof.


9.1. Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes section 125.379 for the construction of permanent affordable housing. Accordingly, the parties acknowledge and agree that the County's remedy for breach of this Agreement by Applicant shall be as follows:

(a) Any use of any Lot by Applicant in violation of this Agreement shall result in reversion of the Lot to the County and Applicant shall, immediately upon request of County, execute and record a Quitclaim Deed conveying such Lot to the County;

(b) Any other default by Applicant under this Agreement that remains uncured for 30 days following notice thereof from the County to the Applicant shall be cause for the County to declare this Agreement in default and, thereafter, the Applicant shall be removed from the lists of: (i) eligible recipients of, and may not apply for, donation of future surplus lots; and (ii) eligible purchasers offuture surplus lots, all of the foregoing as contemplated to occur pursuant to Florida Statutes section 125.379 in 2010.

9.2. No Assignment. Applicant shall not in any manner, assign, transfer, mortgage, pledge, encumber, or otherwise convey an interest in this Agreement or any part hereof (any one of the foregoing events hereinafter referenced as an "Assignment"), without the prior written consent of the County, which consent shall not be unreasonably delayed, conditioned, or withheld. Any such attempted Assignment without County approval shall be null and void.


10.1. This Agreement 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.

10.2. 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,

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193

agreements, or understandings of any nature whatsoever concerning the subject matter hereof 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. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Applicant and the County.

10.3. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law.

10.4. The Applicant shall not pledge the County's credit or make •it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness .

. 10.5. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Applicant shall survive the termination or expiration of this Agreement.

10.6. 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 or neuter, singular or plural, as the identity of the party or parties may require. The terms "hereof', "hereby", "herein", "hereto", and similar terms, refer to this Agreement 10.7. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs.

10.8. The Applicant shall comply with the applicable provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement.

10.9. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument.

10.10. The Background Recitals are true and correct and form a material part of this Agreement

10.11. Any notices required or allowed hereunder shall be in writing and given by certified mail, return receipt requested, or in person with proof of delivery, to the addresses below, or such other address as either party shall have specified by written notice to the other party delivered in accordance herewith:

APPLICANT: Tom Tierney, Chairman, Coalition for Attainable Hornes, Inc. 1717 Indian River Blvd., Suite 301 Vero Beach, FL 32960

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194

COUNTY: Robert M. Keating, AICP Community Development Director and Project Manager Indian River County 1801 2?'h Street Vero Beach, FL 32960

10.12. The County and the Applicant mutually represent and warrant to each other that there are no brokers involved in this transaction.




By __________ _

Deputy Clerk By _____________ _


BCC approval date: _________ _

arian E. Fell Senior Assistant County Attorney

COALITION FOR ATTAINABLE HOMES, INC.

WITN~S:

sign~~ print name -lfa:1:b«/n<:.~('.,7er

By ~fJ,

sign~ printn~ ~I"\

Date: __ -5---'--/ 'l_Co_,_/_1-_DO_'\ __

8

195

Parcel: 32392600010008000111.0 I Full Legal Descriptio11

-·-·····--···-"'-····-······ 1 WE. GEOFFREYS SUB

I.BLK8LOT1U

! PBI 2-32 '""""~' -· ,_.,,,~_,..

Parcel: 32392600010008000110.0 I Full Legal Description

[w EGEoFFREYs smi-1 BLK8LOT llO ;=====-=-·-,·=--=·-···=···-=·-=·····=-====== ··•--···--··-·-----· lc:P=:Bc:_I 2::::-:.:::32,:_. ------·--------------·············j

Parcel: 32392200007009000009.0 ffl Full Legal Description

SMITH PLAZA SUB

BLK9LOT9

PBI 1-18

196

Exhibit B. Disclosure of Relationships

THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.

This sworn statement is submitted with that certain Agreement for Donation of Surplus CountyOwned Lands. 1. Thisswornstatementissubmittedby: CoAr...lTIDN J='c,1c. -ATr.4iNA~LE: t-fo/1£$ IN(,

(Name of entity submitting sworn statement} whose business address is: 1117 INl:ilAN l'Z.1\JEQ, 1?;,LVD .. '5u1T\:i. 3o\

Ve~c, 12,fAC.H, ~L ?,7.'t(pO ' and (if applicable) its Federal Employer Identification Number (FEIN) is ZG, - 14{ qt,, '2. I

2. Mynameis fl-fDJ..lAS W. TiEl'<-N£'( (Please print name of individual signing)

and my relationship to the entity named above is P.>oA~D C~ ,41 R

3. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means:

The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity.

4. I understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows:

Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in/aw, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild.

5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.]

__ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105.08, Indian River County Code, with any County Commissioner or County employee .

.LS._ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee:

197

1. 2. 3. 4. 5. 6. 7. 8.

Name of Affiliate Name of County Relationship or Entitv Commissioner or emoloyee

Cc,;/iho11 Iii -'l~\.,~61e tti"' )J :J1M. OA\JlS 1?,ol'l A-0 /,,\ f:.M{t)fR,

(signature)

s: I 2 (, I 1 co,

NOTARY PUBLIC· STATE OF FLORIDA .t"''

11111

'',-:. Sharon Brown a W ECornmission #DD651550 '--~/ Expires: MAY 01, 2011 r,,,.,, :BONDI!D THRU ATIANTIC aoNomo co., INC.

(date)

*

2 198


EVERY DREAM HAS A PRICE, INC. FOR


This Agreement for Donation of Surplus County-Owned Lands ("Agreement") is made and entered as of this 2nd day of June, 2009 ("Effective Date"), by and between Indian River County, a political subdivision of the State of Florida ("County"), and Every Dream Has A Price, Inc., a Florida not-for-profit corporation ("Applicant").




WHEREAS, County agreed to donate the parcels to non-profit housing organizations for the construction of homes and/or rental units for very-low-income and low-income households; and

WHEREAS, Applicant is a Florida non-profit corporation and a corporation organized exclusively for charitable, religious, literary, scientific, and educational purposes as set forth in section 501 (c)(3) of the Internal Revenue Code of 1986, as amended ("Section 501 (c)(3) Entity"), and specifically organized for the purpose of building, rehabbing, and revitalizing homes and/or rental units for very-low--income and low-income households; and

WHEREAS, Applicant has formally requested that the County donate the parcels shown in Exhibit "A" attached hereto and made a part hereof (each such parcel herein referenced as a "Lot") to Applicant for the construction of rental units for very-low-income and low-income households.



1.1. Applicant shall construct and complete, through the receipt of a Certificate of Occupancy, one or more affordable housing rental units on each Lot as permitted by the zoning of each Lot, within three (3) years of the date of the deed of conveyance of the Lots to Applicant. Applicant and County acknowledge and agree that one (1) of the Lots has the capacity to be subdivided into multiple Lots and each such subdivided Lot shall have one (1) single family residence on it and all such subdivided lots are, for all purposes herein, collectively included within the terms Lot and Lots. If a Certificate of Occupancy is not issued for any of the single family residences on any Lot within the referenced 3 year timeframe, the title to any such Lot shall revert to the County unless an extension of the

I i ~

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ATTACHMENT 199

three (3) year time frame is approved by the Indian River County Board of County Commissioners at a regularly scheduled meeting thereof. 1.2. With respect to the Lots, Applicant shall, consistent with SHIP program Rule 63-37, Florida Administrative Code ("F.A.C.") verify the income of all original and subsequent applicants/renters and qualify only those applicants/renters whose incomes conform to SHIP approved low-income or very-low-income household criteria. Applicant may use the County's SHIP applicant list to find clients for rental units/homes. 1.3. The rental amounts for each rental unit to be built on any Lot shall not exceed shall not exceed the maximum rent amount for Indian River County as identified in the most recent Rent Schedule by Number of Bedrooms in Unit published by the Florida Housing Finance Corporation ("FHFC"). 1.4. By April 1st of each year during the term of this Agreement, Applicant shall submit an annual report to the County Community Development Department indicating progress on utilization of the Lots. Once the rental units/homes are constructed and occupied, the annual report shall provide information as to the name of the tenant renting each unit; the total number of household members occupying the unit; the gross household income per rental unit; and the amount of rent that is charged. 1.5. All appropriate building permits must be obtained for construction of rental housing units on the Lots [each such Lot as improved with the residential rental dwelling herein referenced as "Property"]. County agrees to use its best efforts to expedite the review and permitting of affordable housing rental units being built by Applicant. 1.6. County shall convey each Lot to Applicant by Statutory County Deed containing covenants running with the land /deed restrictions to ensure that the Lots and each Property are permanently used for affordable rental housing, as such term is defined in Florida Statutes section 420.0004(3), including, without limiting the generality of the foregoing, a reversionary clause in favor of Indian River County as set forth herein. The deed restrictions will also prohibit any Property from being rented: (a) at a rent that causes the household's monthly housing costs to exceed thirty percent (30%) of the annual Adjusted Gross Income for a household that is Very-Low-Income or Low-Income (as such terms are defined in Florida Statutes section 420.0004); or (b) to a renter who is not eligible due to his or her household income exceeding the thresholds set forth in Florida Statutes section 420.004 for Very-Low-Income or Low-Income (as such terms are defined in Florida Statutes section

420.0004) households. The Applicant acknowledges and agrees that the Lots are, by statute, intended to be used for the construction of permanent affordable rental housing and the deed restrictions may be released only by a written instrument in recordable form, as more specifically set forth in such deed. The Applicant shall pay the costs of: (a) documentary stamps on the deed of conveyance, and (b) recording the deed of conveyance. 1. 7. Applicant shall ensure that appropriately licensed persons, as applicable, construct or supervise the construction of the rental housing units built on the Lots. Applicant shall hold County harmless from any claim of lien filed under Chapter 713, Florida Statutes by any contractor, subcontractor or any other person or entity performing work or supplying materials on behalf of Applicant. 1.8. Applicant expressly acknowledges and agrees that: (a) it has inspected the Lots and accepts the same As Is, Where Is in the condition existing as of the Effective Date, together with all defects, latent and patent, if any; (b) County has made no representations or warranties of any nature whatsoever regarding the Lots, including, without limitation, title, the physical conditions of the Lots; any improvements located thereon; the availability of utilities;

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or the suitability of the Lots for Applicant's intended use; (c) Applicant is entering into this Agreement based on its own independent investigation of the Lots and has satisfied itself as to the general and local conditions, particularly those bearing on the availability of water, sewer, electric power, communications facilities, and road access; and (d) the County assumes no responsibility or obligation to provide any facilities of any nature whatsoever at the Lots and/or in connection with the construction of the housing units to be constructed thereon. 1.9. Applicant expressly acknowledges and agrees that it shall be solely responsible to obtain water, sewer, electric power, telephone, and television utilities for the Lots, including any associated security deposit or initial set-up charges. 1.10. Applicant acknowledges and agrees that is has the sole responsibility to pay any and all ad valorem taxes levied or assessed against the Lots, while the Lots are owned by the Applicant including any special assessments imposed on or against the Lots and/or a Property for the construction or improvement of public works, and shall pay the same when due, unless exempt.


2.1. County and Applicant agree that the definitions in SHIP Program Rule 67-37 F.A.C; Florida Statutes Chapter 420; and the County's Local. Housing Assistance Plan, as any of the foregoing are amended from time to time, apply to terms used in this Agreement. Any term defined in the SHIP Program Rules and not otherwise defined in this Agreement shall have the meaning set forth in the foregoing Statutes and Rules or as amended by the State of Florida through SHIP Program memoranda.


3.1. Applicant shall maintain its existence as a not-for-profit corporation under the applicable laws of the State of Florida and its qualification as a Section 501 (c)(3) Entity during the term of this Agreement. Applicant acknowledges and agrees that, in the event (a) Applicant loses its status as Section 501 (c)(3) Entity; or (b) Applicant dissolves its corporate existence, Applicant shall promptly notify County. If either of the foregoing events occur prior to rental of any Property, then all right, title and interest of Applicant in and to the Lots shall automatically terminate and be rendered null and void, and all right, title and interest in and to the Lots shall automatically vest in Indian River County, a political subdivision of the State of Florida. If either of the foregoing events occur after rental of any Property Applicant shall transfer title to the Property to another Section 501 (c)(3) Entity specifically organized for the purpose of building, rehabbing, and revitalizing homes and/or rental units for very-lowincome and low-income households. 3.2. Applicant shall comply with all applicable Federal, State and local laws in its performance under this Agreement, including, without limiting the generality of the foregoing, all regulations applicable to the SHIP Program found in Chapter 67-37, Florida Administrative Code; Section 420 Part VII, Florida Statutes; and the Indian River County Local Housing Assistance Plan, as any or all of the foregoing are amended from time to time.

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3.3 Applicant understands and agrees that the use of the Lots must comply with all state and local regulations applicable to construction of rental unit residential dwellings. 3.4 The County and the Applicant acknowledge and agree that the clauses in this Agreement with respect to reversion of the Lots are governed by the exception found in Florida Statutes section 689.18(5):"Any and all conveyances of real property in this state heretofore or hereafter made to any governmental, educational, literary, scientific, religious, public utility, public transportation, charitable or nonprofit corporation or association are hereby excepted from the provisions of this section [reverter or forfeiture provisions of unlimited duration in the conveyance of real estate]."


4.1. Applicant covenants to maintain complete and accurate project records; inspection and monitoring reports; and any other documentation necessary or required to assure compliance with this Agreement (the foregoing herein collectively "Records"); and to retain all such Records for five years after the Certificate of Occupancy is issued for the last new rental housing unit constructed under this Agreement. Applicant shall maintain and retain, at its usual place of business, all required Records to demonstrate compliance with this Agreement and the County's Local Housing Assistance Plan. Records must be kept for each Lot; Property; and each household assisted to demonstrate that each household assisted is in compliance with County's Local Housing Assistance Plan.


5.1. Applicant agrees that County may carry out periodic monitoring and evaluation activities as determined necessary by County. Applicant agrees to furnish information, reports, files, and Records upon request to County or its designees, and make copies and/or transcriptions of such records and information, as is determined necessary by County. 5.2. County, the State, or any of their duly authorized representatives, upon giving five (5) days notice to Applicant, shall at all times have the right and option to monitor, inspect, audit, and review Applicant's compliance with this Agreement. All of the above mentioned entities shall have the right to inspect any and all Records, books, documents, or papers of Applicant in connection with this Agreement for the purpose of making audit examinations, excerpts, and transcriptions. 5.3. Applicant agrees that continuation of this Agreement is dependent upon satisfactory monitoring and evaluation of activities and timely completion of the project according to the terms of this Agreement.


6.1. In connection with its performance under this Agreement, Applicant certifies that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in connection with, any application for rental of the homes to be built on the Lots because of race, creed, color, national origin, gender, familial status, handicap, religion, or age.

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7 .1. It is specifically acknowledged and agreed by the parties hereto that the Applicant is and shall be, in the performance of all activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the County. All persons engaged in any of the activities or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Applicant's sole direction, supervision, and control, and in all respects the Applicant's relationship and the relationship of its employees to the County shall be that of an independent contractor performing solely under the terms of this Agreement and not as employees, agents, or servants of the County.


8.1. Applicant certifies that it has complied with Paragraph (2)(a) of Section 287.133, Florida Statutes, which states that a "person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 8.2. Pursuant to Section 105.08 of The Code of Indian River County, prior to signing this Agreement, the Applicant shall complete and return a duly notarized "Disclosure of Relationships" in the form set forth on Exhibit "B" attached hereto and made a part hereof.


9.1. Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes section 125.379 for the construction of permanent affordable rental housing. Accordingly, the parties acknowledge and agree that the County's remedy for breach of this Agreement by Applicant shall be as follows: (a) Any use of any Lot and/or any Property by Applicant in violation of this Agreement shall result in reversion of the Lot to the County and Applicant shall, immediately upon request of County, execute and record a Quitclaim Deed conveying such Lot to the County; (b) Any other default by Applicant under this Agreement thatremains uncured for 30 days following notice thereof from the County to the Applicant shall be cause for the County to declare this Agreement in default and, thereafter, the Applicant shall be removed from the lists of: (i) eligible recipients of, and may not apply for, donation of future surplus lots; and (ii) eligible purchasers of future surplus lots, all of the foregoing as contemplated to occur pursuant to Florida Statutes section 125.379 in 2010.

9.2. No Assignment. Applicant shall not in any manner, assign, transfer, mortgage, pledge, encumber, or otherwise convey an interest in this Agreement or any part hereof (any one of the foregoing events hereinafter referenced as an "Assignment"), without the prior written

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consent of the County, which consent shall not be unreasonably delayed, conditioned, or withheld. Any such attempted Assignment without County approval shall be null and void.


10.1. This Agreement 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. 10.2. 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 hereof 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. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Applicant and the County. 10.3. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.4. The Applicant shall not pledge the County's creditor make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 10.5. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Applicant shall survive the termination or expiration of this Agreement. 10.6. 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 or neuter, singular or plural, as the identity of the party or parties may require. The terms "hereof', "hereby", "herein", "hereto", and similar terms, refer to this Agreement 10. 7. If any legal action or other proceeding is broughtforthe enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.8. The Applicant shall comply with the applicable ·provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.10. The Background Recitals are true and correct and form a material part of this Agreement. 10.11. Any notices required or allowed hereunder shall be in writing and given by certified mail, return receipt requested, or in person with proof of delivery, to the addresses below, or such other address as either party shall have specified by written notice to the other party delivered in accordance herewith:

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APPLICANT: Julianne R. Price, President, Every Dream Has A Price, Inc. 2179 10th Ave. Vero Beach, FL 32960

COUNTY: Robert M. Keating, AICP Community Development Director and Project Manager Indian River County 1801 2ih Street Vero Beach, FL 32960

10.12. The County and the Applicant mutually represent and warrant to each other that there are no brokers involved in this transaction.




By __________ _

Deputy Clerk

By _____________ _ Wesley S. Davis, Chairman

BCC approval date: _________ _

an E. Fell Senior Assistant County Attorney

name ~1,'..e tJ;dCkffl5

sighl =h~ print name 7)y,0 n A 2.. PP,z...k-g_;_;

EVERY DREAM HAS A PRICE, INC.

Date: S IJ:¼ f 04 ~-,1-Y---"<---+I ~---7

205

Parcel: 32392600005005000008.0 /J Fu.II· Legal_ DescriptJon

f=l{t~9lt7s0? . ····. ·_ --~----.-" ... _.

"·~--- -,=-·" ' . :.".; -···---:.:.:-:;-:;:.';:~:·:.:· ·:. :;,..:,,;_ ., .. : .. ~---··••,--·,.·,.--·: :· ·:· ".'··----- .. ······~·:. ·.: .. : PBI 1-80 .····· .· · · -····-·-··-··············-····--- ----·-········-·············-·-······-~--

Parcel: 31370000004008000194,0 I Full Legal Description

1 HALL, CARTER & JAMES SUB L--······---··-··· -···· -- ··· ···· · ·· ···· cc:.:::c.:::::::::: ..• --.. ~~-i BLK 8 LOT 194 ;::::,;=======·=·····o;.;·· ;:c·;cc··· c;c····c:.:-·-cc;-·;:::;·····cc:c···::;;···""···,==:=:·;;c;···.c;;-"'····c::;-=··- ···-······ ! PB.S 3-2 & 31

Parcel: 32392600005005000002.0

j full Legal Description

SPRUCE PARKS1J1l

BLK5LOT2

PBI 1-80

Parcel: 32392600000300000016.0 i Full Legal Description

, BEG AT SECOR OF ANNIE GRAY BATTLE TRACT "" ............ ,. ,. ....... -- . . ....... , .. - .

i RUN w ALONGS LINE 520 FT; N 105 FI'FORBEG; W420FT;.N_ - . j 105 FT; E 420 FT; S 10

15 FTTO BEGD BK 31 PP 27 ·- -- ---· .. .. . , ... ,.. ..,,. _____ .. ··-• .. --~--~-~-.. -, ..... ··~---~--j ;:. .. "",.,., •. ,_

···-··-·-·

206

Exhibit B. Disclosure of Relationships

THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.

3. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means:

The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity.

4. I understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: ·

Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-/aw, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild.

5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.]

A I){) Neither the entity submitting this sworn statement, nor any officers, directors, "~utives, partners, shareholders, employees, members, or agents who are active in

management of the entity, have any relationships as defined in Section 105.08, Indian River County Code, with any County Commissioner or County employee.

__ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee:

207

Name of Affiliate or Entity

1. 2. 3. 4. 5. 6. 7. 8.

STATE OF COUNTY OF

Name of County Relationship Commissioner or emoloyee

The foregoing instrument was acknowledged before Al€\ this J..k k. day of MIM/1/ ,200-1._by -::1µ,hll.V\Vl:f '[_nu,,, of

f who is personally known to me or l:!as pr~d -----====-----as identification. --Notary Public _________ (affix seal) My Commission Expires: , ) LA.- n e. ,;,. 2, .)o 11

~f--~

N ant:!..tf 7?-, GA-Lvf!'b

~~ L-(,,1 ~bo7 _flJc/; ;q IJ f:1 u eX!, <!.,.o 1..,..,,, f/

2 208

I INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM

TO: Joseph Baird County Administrator

THROUGH: James W. Davis, P.E.

FROM:

Public Works Director

Jonathan C. Gorham, Ph.D. ~l.(:, Coastal Resource Manager

SUBJECT: Work Order #5 Coastal Technology Corporation Inc. Sector 3 beach restoration pre-construction services

DATE: June 1, 2009


At the May 12, 2009 meeting, the Board directed staff to proceed with bidding for the construction of the Sector 3 beach restoration project, including an option for the use of upland sand source materials as an alternative for project construction. Coastal Technology Corporation Inc. (CTC) is the County's consultant for professional coastal engineering services for the Sector 3 project.

CTC has prepared the attached scope and budget for Work Order #5 to accomplish this objective. Task #1 of the Work Order, in the amount of $46,914.00, includes services related to: (a) formulation and verification of the bid award process, (b preparation of bid documents and technical specifications and (c) review and evaluation of bids from both offshore and upland sand source bidders. Task #2 of the Work Order, in the amount of $150,888, includes services related to the modification of state and federal permits to authorize an upland sand source in the event an upland bidder is selected by the County. Task #2 will not be necessary if an offshore bidder is selected. Task #3 of the Work Order, in the amount of $49,614.00, includes services related to final preconstruction surveys and regulatory agency Notice-to-Proceed items.

In the event an offshore bidder is selected, it is anticipated that a Notice-to-Proceed (NTP) could be issued to the contractor by September 15, 2009. In the event an upland sand source bidder is selected, the date by which an NTP could be issued by the County will be delayed until Task 2 (permit modification) has been completed. In the event no Requests for Additional Information (RAis) are issu~q on the Joint Coastal Permit modification, a NTP could be issuecf' 'py January 1 7, 2010. If one RAI is issued, the earliest expectied NTP issue date would be March 6, 2010. Either of these NTP issuJnce dates would allow for the construction of at least a portion of the project prior to the May 1, 2010 deadline for sea turtle nesting season. If more than one RAI is issued, the project will pave to be delayed until the end of the 2010 sea

209

I

turtle nesting season in November 2010.


Staff recommends the approval of Work Order #5 with the stipulation that Notice to Proceed only be granted for Task 1 at this time. In the event an upland sand source is selected in the bidding process, staff will at that time provide Notice to Proceed for Tasks 2 and 3 of this Work Order. In the event an offshore source is selected, staff will at that time issue Notice to Proceed for Task 3 of this Work Order.

There is currently no state cost sharing approved for the tasks included in Work Order #5. Staff is working with the Florida Department of Environmental Protection to amend Grant Agreement O7IR2 that provides cost sharing for the Sector 3 project. It is anticipated that cost sharing will be made available on a 50% cost share basis. Local funding of beach restoration includes a portion of local option tourist tax revenue as well as allocations of the one-cent sales tax. Funding is from the Beach Restoration Fund - Sector 3 Beach Restoration - Account 128-14472-066510-05054. Funds are not currently budgeted for the services in this Work Order.

ATTACHMENT

Work Order #5

DISTRIBUTION

Finance Department Michael Walther, CTC Inc.


FOR 1,/Jor

Indian River Count

Administration

Bud et

Le al

Public Works

Division

210

WORKORDERNUMBER5 SECTOR 3 BEACH RESTORATION! PRE-CONSTRUCTION SERVICES

This Work Order Number 5 is entered into as of this day of __ ~ 2.QQ2_ pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of December 13, 2005 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Coastal Technology Corporation ("CONSULTANT").

The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The Consultant will petform the professional services within the timeframe more particularly set forth in Exhibit 2, attached to this Wark Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Notice to Proceed is limited to Task 1 of this Work Order. COUNTY shall provide Notice to Proceed for Tasks 2 and/or 3 at a later date as appropriate.· Pursuant to paragraph 1. 4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.

IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. ·

CONSULTANT BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

By:. _____ -,-_____ _ Wesley S. Davis, Chairman

Attest: J.K. Barton, Clerk of Court

By ___________ _

Deputy Clerk

APPROVED:

.......... . . . . . . '

.... . . . . . . .

211

EXHIBIT 1

Indian River County Sector 3 Bidding & Pre~Construction Phase Services

Scope of Work

Sector 3 Beach and Dune Restoration Project Bidding & Pre-Construction Phase Services

Introduction: On May 14, 2009 the Indian River County Board of County Commissioners directed County staff to:

(a) abandon the Upland Sand Source Request for Qualifications No. 2009044, and (b) move forward with the issuance of a solicitation to allow for the construction of the Sector 3

Beach and Dune Restoration Project (Sector 3 Project) via the use of the offshore sand source or an upland sand· source. · -

Upon authorization of the work proposed under this Work Order, Work Order No. 4 (associated with the Upland Sand Source Request for Qualifications No. 2009044) shall be terminated.

The objective of this Scope of Work is to provide services: (a) to formulate and execute a solicitation to receive bids for the Sector 3 Project construction with

sand from the currently proposed offshore sand source or from an acceptable upland sand source, and ·

(b) to fulfill expected pre-construction permit requirement

The following describes the work under this Scope of Work:

TASK 1 -BIDDING PHASE SERVICES In general, COASTAL TECH will assist the COUNTY with formulation and execution of a solicitation to provide for construction of the Sector 3 Project .via use of the proposed offshore sand source or· via an acceptable upland sand source to be tentatively identified in concert with the work under this Task and confirmed under Task 2.

Task la -Ranking Criteria & Contract Award Process: In concert with the COUNTY, for inclusion in the Bid Documents, COASTAL TECH will formulate:

(a) a draft written description of the bidding and construction contract award process and the associated expected schedule ("Bid/Award Process"), and

(b) draft criteria for-ranking of the bids ("Ranking Criteria").

Bid cost is expected to be the primary basis for contract award cited in the. Ranking Criteria, Bid/Award Process, and Bid Documents. Bid cost shall be the total bid cost with the unit price for sand adjusted via multiplication by the "ovetfill factor" per methods prescribed by the U.S. Army Corps of Engineers Shore Protection- Manual (per methods of James, 1975). Based upon previous analysis by COAST AL TECH of sand samples provided by local upland sand suppliers for other local projects, COAST AL TECH will calculate the expected ovetfill factor of known/documented upland sand sources for comparison with the offshore sand source; COASTAL TECH will meet with COUNTY staff to review the results, the draft Bid/Award Process, and the draft Ranking Criteria. In concert with COUNTY staff, COAST AL TECH will meet individually with each member of the COUNTY's Board of County Commissioners to review the draft Bid/Award Process, and the draft Ranking Criteria. COASTAL TECH will incorporate revisions as directed by the COUNTY.

Page I of 4 May 29, 2009

212

Indian River County Sector 3 Bidding & Pre~Construction Phase Services Scope of Work

Task lb - Technical Specifications: COAST AL TECH will revise the Technical Specifications prepared for use of the offshore sand source under Work Order No. 3 Sector 3 Design & Permitting· Task 2b - Final Design Plans and Specifications to include:

(a) provisions to identify those that are specifically applicable to the use of the offshore sand source,

(b) provisions that are specifically applicable to the use of an uplapd sand source - including the requirement that any information required by FDEP (under Task 2) relative to the upland sand source. shall be provided by the respective bidder - to be considered for Construction Contract award, and ·

(c) appropriate incorporation and revisions of the Geotechnical Standards and Geotechnical Requirements - previously prepared under Work Order No. 4.

COASTAL TECH will meet with the COUNTY to review the Technical Specifications. COASTAL TECH -will incorporate revisions as directed by the COUNTY.

Task le -Bid Documents: The COUNTY will prepare Bid Documents to include: (a) Bid/Award Process - prepared under Task la, (b) Ranking Criteria - prepared under Task 1 a, (c) the Technical Specifications - prepared under Task I b, (d) standard "front-end" documents as warranted for Bid Documents and a Construction Contract

as deemed appropriate by the COUNTY. COASTAL TECH will review the Bid Documents and recommend revisions as may be deemed warranted by COASTAL TECH, COASTAL TECH will meet with the COUNTY to review the _Bid Documents. The COUNTY will incorporate any recommended revisions as deemed warranted by the COUNTY.

Task ld - Bidding Phase: Prior to receipt of bids, during the bidding phase, COAST AL TECH will: (a) address questions from prospective bidders as directed by the COUNTY, (b) attend a pre-bid meeting to clarify the proposed construction and address questions posed by

prospective bidders, and (c) draft addendum to the Bid Documents - as requested by the COUNTY.

Task le-Evaluation of Bids: Upon receipt of bids, the COUNTY will verify that each_bid entails a valid bid ·including the COUNTY's insurance/bond requirements for the work. For the valid bids identified by the COUNTY, COASTAL TECH will:

(a) (a) Based upon the sand samples submitted by local uph;md sand suppliers with their bid, COAST AL TECH will calculate the expected overfill factor of upland sand sources for comparison with the offshore sand source, review the bids and prepare a summary-draftranking of the bids per the Ranking Criteria developed under Task la,

(b) meet with the COUNTY to review the results and confirm the recommended ranking of bids,

The following will subsequently occur: (a) If the top ranked bid entails use of the offshore source, COAST AL TECH will make a

recommendation to the COUNTY for Construction Contract award and assistthe COUNTY with negotiation of a Construction Contract.

(b) If the top ranked bid entails use of an upland source, COAST AL TECH will initiate and perform services under Task 2 and subsequently assist the COUNTY with negotiation of a Construction Contract.

Page 2 of 4 May 29, 2009

213

Indian River County Sector 3 Bidding & Pre-Constructioii Phase Services Scope qf Work

TASK 2 - DESIGN & PERMITTING- UPLAND SAND SOURCE In general, if, under Task le, the top ranked bid entails use of an upland source, COAST AL TECH will formulate an alternate design employing the top ranked upland source, prepare and submit a proposed modification to the existing JCP application, and process the JCP modification request via the Florida Department of Environmental Protection (FDEP) and U.S. Army Corps of Engineers (USACE).

Task 2a - Alternate Preliminary Design: In general, COASTAL TECH will prepare an alternate preliminary design for the Sector 3 Project employing the upland sand source for the top ranked bid as determined under Task le. The alternate design shall include:

(a) revisions to design templates and initial fill volume to maintain a "No Impact" (to existing hardbottom) design,

(b) an Opinion of Probable Costs for initial construction - based upon the unit prices obtained under Task l,

(c) assessment of the re-nourishment interval and determination of probable annual maintenance costs - based upon the unit prices obtained under Task I, and

(d) preparation of 81/," by 11" preliminary design Drawings (plan and cross-section) and the

existing permit sketches to be submitted Upon completion of the alternate design, COAST AL TECH will prepare a Design Document Addendum and provide five (5) copies of the Design Document Addendum to the COUNTY. COASTAL TECH will meet with the COUNTY to review the above and ~ubseguently incorporate revisions as may be required by the COUNTY.

Task 2b - EA Modification: COASTAL TECH will review and revise the existing Environmental Assessment (EA) to identify appropriate revisions to the EA to accommodate the upland sand source. COASTAL TECH will sub-contract with Dial-Cordy & Associates (DCA; the COUNTY's previous EA consultant) to revise the EA to incorporate the appropriate revisions. COASTAL TECH will review the revised EA and confer with the COUNTY and DCA to finalize the EA to reflect the alternate use of the upland sand source.

Task 2c - JCP Modification Request: COASTAL TECH will prepare and submit a JCP modification request incorporating the Design Document Addendum and the revised EA prepared under Tasks 2a and 2b respectively. The COUNTY will provide any JCP modification fee as may be required by FDEP. COAST AL TECH will review the draft permit modification request with the COUNTY and incorporate revisions as appropriate - prior to submitting the application to FDEP and · USACE. .

Task 2d - JCP Modification Processing: Subsequent to submittal of the JCP modification request, COASTAL TECH will serve as the COUNTY's agent for processing of the application through FDEP and the USACE. COASTAL TECH will make informal contact with FDEP and USACE staff to address staff questions regarding the JCP modification request and Project. COASTAL TECH will compile, clarify, and provide existing information as may be requested by FDEP, USACE, and state/federal commenting agencies. COASTAL TECH will represent the· project before FDEP and USACE staff toward obtainment of a modified JCP and to negotiate acceptable permits(s) for the Project. Any information required by FDEP relative to the upland sand source shall be provided by the respective bidder as identified in the Technical Specifications developed under Task lb.

It is expected that the FDEP will make three (3) requests for additional information (RA!) and that three (3) meetings will be required with FDEP staff in Tallahassee to favorably conclude the JCP modification request. It is assumed that existing information (including design details/analysis) will

Page 3 of4 May 29, 2009

214

Indian River County Sector 3 Bidding & Pre-Construction Phase Services Scope of Work

be sufficient to meet permit application requirements; however, FDEP may require additional surveys and studies which are beyond this scope, but may be provided by COASTAL TECH under separate authorization.

Task 2e - Alternate Final Design: Upon FDEP acceptance of the upland sand sources under Task 2d, COAST AL TECH will revise the Final Design Drawings and Contract Documents to incorporate the modified JCP and approved upland sand sources.

Task 3 - PRECONSTRUCTION SERVICES

Task 3a - Construction Contract Award: Upon award of.a Construction Contract by the COUNTY, in collaboration with COUNTY staff, COASTAL TECH will:

(a) sub-contract with Morgan and· Eklund, Inc. to provide a pre,construction physical monitoring survey·along FDEP reference monuments R-15 to R-60 at 1000' intervals,

(b) review the Contractor's construction Schedule, Schedule of Submittals, and Schedule of Values,

(c) prepare and provide an exhibit summarizing COASTAL TECH's (Engineer's) representatives, their responsibilities, and means of communication among- representatives with the Contractor and COUNTY,

(d) evaluate any substitutions as may be provided by the Contractor, (e) assist the COUNTY with .designation of its representative, and providing Mechanic's Lien

and financial information to the Contractor. (f) Review and provide comment on Contractor's daily reporting format to ensure that specific

construction and monitoring items will be properly reported following COUNTY'S notice to proceed to Contractor.

Task 3b - Permit Compliance: As is expected to be required by the FDEP Permit, COASTAL TECH will:

(a) arrange and attend a meeting between the COUNTY, DEP, FWC and the permitted person responsible for marine turtle egg relocation [The meeting will be scheduled to be concurrent with the pre-construction meeting at least 30 days prior to the commencement of work, with at least IO days advanced notice to FFDEP and FWC.],

(b) request and obtain a written notice to proceed from FDEP, (c) at least thirty (30) days prior to the requested date of the notice to proceed, confirm the

following has been submitted for review and approval by FDEP: • Written documentation that the FDEP approved ECL has been recorded in the

County Records, • A Sediment Quality Control/Quality Assurance Plan • A detailed Physical Monitoring Plan.

(d) arrange and attend a pre-construction meeting to occur at least 7-days prior to the commencement date of construction, with a minimum of 14 days advance written notification of the pre-construction meeting to: DEP Bureau of Beaches and Coastal Systems; DEP Northwest District Office; Florida Fish & Wildlife Conservation Commission, Imperiled Species management Section; the Contractor - and prepare a written summary of the meeting,

(e) verify that at least forty-eight (48) hours prior to commencement of authorized activity a written notice of commencement of construction is submitted to the Bureau of Beaches and Coastal Systems (Bureau) and appropriate FDEP District Office.

(f) verify that a complete copy of the FDEP Permit is kept at the work site and that the Contractor has reviewed the Permit.

Page 4 of 4 May 29, 2009

215

N) ....... O')

"""'-1:i>.

"""" q').J1in-0;9

EXHIBIT 2

Indian River County - Sector 3 Bidding & Pre-Construction Phase Services Dcrailed:summtuyofEstim~tcd Fees . - ·

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S:247,416 TMk Descriplion

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T l_

+-- -

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TO:

THROUGH:

FROM:

SUBJECT:

DATE:


MEMORANDUM


James W. Davis, P.E., Public Works Directo~

Christopher R. Mora, P.E., Assistant Public Works Director ~

Resolution Authorizing the Florida Department of Transportation (FOOT) to Fabricate and Install "Stan Mayfield Memorial Highway'' Signs on SR-60 West of 1-95

June 1, 2009


Indian River County has received a request from the Florida Department of Transportation (FOOT) to authorize a resolution which will allow them to fabricate and install a sign on SR-60 that designates a portion of the roadway as the "Stan Mayfield Memorial Highway''. The FOOT shall erect suitable markers to designate a portion of SR-60 beginning immediately west of the Interstate 95 interchange in Indian River County and ending at SR-441 in Osceola County as the "Stan Mayfield Memorial Highway''.


Staff recommends that the attached Authorizing Resolution be approved. From the Specific Appropriation 2021, $800 in nonrecurring funds from the State Transportation Trust Fund shall be used for these signs. There is no cost to Indian River County.

ATTACHMENTS

Authorizing Resolution


Indian River Count

Administration

Bud et

Le al

Risk Mana ement

Public Works

F:\Public Works\Luanne M\Agenda ltems\FDOT Memorial Highway Sign Authorizing Resolution 05-19-09.doc

218

RESOLUTION NO. 2009-__

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FABRICATE AND INSTALL SIGNS ON SR-60 DESIGNATING THE ROADWAY AS THE STAN MAYFIELD MEMORIAL HIGHWAY

WHEREAS, Stan Mayfield was elected to the Florida House of Representatives in 2000 and

served in that capacity until the time of his death on September 30, 2008; and

WHEREAS, Stan's leadership and commitment to our entire community helped facilitate

communication about the importance of Indian River County issues being heard and responded to in our

state government in Tallahassee; and

WHEREAS, Stan was instrumental in obtaining funds for the widening of SR-60 in the western part

of Indian River County; and .. WHEREAS, the State of Florida Department of Transportation desires to fabricate and erect

suitable markers to designate a portion of SR-60 beginning immediately west of the Interstate 95

interchange in Indian River County and ending at SR-441 in Osceola County as the "Stan Mayfield

. Memorial Highway";

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF

INDIAN RIVER COUNTY, FLORIDA that the Chairman is authorized to execute this resolution.

The resolution was moved for adoption by Commissioner ________ , and the motion

was seconded by Commissioner _________ , and, upon being put to a vote, the vote was

as follows: Chairman Wesley S. Davis Vice-Chairman Joseph E. Flescher Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan Commissioner Bob Solari

The Chairman thereupon declared the resolution duly passed and adopted this ___ day of

__ ,2009.


By:. ___________ _


ATTEST: Jeffrey K. Barton, Clerk

·By:. ___________ _

Deputy Clerk

William K. De raal Deputy County Attorney

F:\Public Works\Luanne M\Resolutions\STAN MAYFIELD MEMORIAL SIGN 05-19-09.doc 219

/J..JJ_

Date:

To:

From:

Through:

Prepared By:

Subject:

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES

BOARD MEMORANDUM

Friday, May 29, 2009 REGULAR AGENDA ITEM

Joseph A. Baird, County Administrat~. .

W. Erik Olson, Director of Utility Services ~ Michael C. Hotchkiss, P.E., Capital Projects Manager J1/ I/Art Pfeffer, Utility - Project Specialist A,9' Vero Lake Estates Master Plan Water Phase II Project Timothy Rose Contracting, Change Order 1 & Final Payment - UCP 2958

BACKGROUND AND ANALYSIS:

On, January 22, 2008, the Board of County Commissioner's awarded the Vero Lake Estates Master Plan Water Main Phase II project (IRC Contract No. 2008020) to Timothy Rose Contracting, Inc. of Vero Beach, Florida in the amount of $471,450.00. The Engineers total estimated amount for construction was $1,130,000.00.

A portion of this project was constructed by Sheltra and Sons Construction, Inc. under contract with the Indian River County Road and Bridge Division. This portion included a 12" water main from 104th Avenue to 101 st Avenue and was subsequently removed from the Timothy Rose Contract. Timothy Rose Contracting, Inc. has submitted two previous pay applications for a total of $318,430.80. All work on this project is now complete and a net reduction of $118,901.00 was made to the contract price.

The total net change for Change Order No. 1 is a deduction of$ 1 18,90 I. 00. The final contract price with Change Order No. I is $352,549.00. Deducting the previous payments of $318,430.80 will leave the final amount due of$34,l 18.20 to Timothy Rose Contracting, Inc.

RECOMMENDATION:

It is Staff's recommendation that the Board of County Commissioners approve Change Order No. 1, to decrease the contract amount by $118,901.00, approve Final Pay Application in the amount of $34,118.20 and authorize the Chairman to execute the same as presented.

FUNDING:

Funding for the Final Pay Application to Timothy Rose Contracting, Inc. in the amount of $34,118.20 is budgeted and available in the Vero Lake Estates Water Main Phase II Account in the Utility Capacity Fund.

ACCOUNT NAME ACCOUNT NUMBER AMOUNT Vero Lake Estates Water Main 472-169000-0753 l $34,118.20

Phase II

F:\Utilities\UTILITY - ENGINEERING\Frojects - Utility Construction Pennits\IRC - Vero Lake Estates Master Planned Water Main - UCP 2958\Agenda -Final Payment Tim Rose 042909.drn~

220

ATTACHMENT(S):

1) Change Order No. 1 - Timothy Rose Contracting (2Pages)

2) Application for Final Payment - Timothy Rose Contracting (3Pages)

APPROVED FOR AGENDA:

Indian River Co. Approved Date

Administration

Utilities

Utilities

Legal

Budget

F:\Utilities\UT!LJTY - ENGJNEERJNG\Projects - Utility Construction Permits\IRC - Vero Lake Estates Master Planned Water Main - UCP 2958\Agenda -Final Payment

Tim Ro~e 042909.doc

221

CHANGE ORDER No. __ 1.,_ __

PROJECT_~V~e~r:.o~L~a~ke=-=E~s=ta~te:.:s:....,_P.,_,_ha~s:.:e~l~I ___________________ _

DATE OF ISSUANCE _,_,10"'/0""'1.,..,/2::.::0=0,._8 _____ EFFECTIVE DATE __,_10=/,._01.,_,_/,.,20..,,0=8 _____ _

OWNER Indian River County Utilities Department

OWNER's Contract No., __ -=2"'95:.:8=----------

CONTRACTOR __ ~T~im~o:.:t~hiY~R~o~s~e~C~o~n~t~ra~c~ti"'n~g~. l~n~c.,_. _

M&M Project No. ---"'07.,_4.,_1,.._ __ _

ENGINEER Masteller & Moler. Inc.

You are directed to make the following changes in the Contract Documents: Description: Addition and deduction to contract amount due to Owner directed changes Reason for change order: Owner directed to make changes

-AUaehments;-(List-documeRts-suppoi:tir1g .. change)-!:E~x!!h!!ib!!.it!:;:-'~-~A:!.''""'-=···"'··-'"--"'.-""'""'"-"======~=

CHANGE IN CONTRACT PRICE

Original Contract Price

$ 471 450.00

Net changes from previous Change Orders No.Q_ to No.,~0~--

$ 0.00 Contract Price prior to this Change Order

$ 471 450.00

Net Increase (Decrease) in this Change Order

$ (118,901.00)

Contract Price with all approved Change Orders

$ 352,549.00

RECOMMENDED: APPROVED:

CHANGE IN CONTRACT TIME

Substa ial Completion: -----~Ready fo inal payment: ----~--

days e with all approved Chan e

ntial Completion: ______ _,_ Re dy for final payment: ______ _

Days or dates

By:--------Owner (Authorized Signature)

.

AOC~EPl];; : . -• ~__,,. ,·

,BV: •· _ '/'7"7 _.,, ~ p "'~ ~

Contractor (Authorized Signature)

Date: <{iB(c& Date: --------EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America

222

Item Description 1 12" Water Main 2 12" Directional Bore 3 8" Directional Bore 4 12" Gate Valve 5 12"x12" Wet Tap w/ 12" Valve 6 12"x8" Wet Tap W/ 8" Valve 7 Fire Hydrant Assembly 8 Air Release Valves 9 S1 Asphalt

Vero Lake Estates Water Main Extension

Phase Two Change Order 1 Exhibit

Unit Qty Unit Cost LF -1570 $ 23.00 LF -580 $ 82.00 LF -80 $ . 46.00 EA -2 $ 2,080.00 EA. -1 $ 4,600.00 EA -1 $ 2,900.00 EA -2 $ 2,630.00 EA -6 $ 3,838.00

Sq Yd 180 $ 17.40

Total Chg Cost $ (36,110.00)

$ (47,560.00)

$ (3,680.00)

$ (4,160.00)

$ (4,600.00) $ (2,900.00)

$ (5,260.00)

$ (23,028.00)

$ 3,132.00 ---10-- Base-Rock --· -- ·· - . -~-~· . -·-· - --··.- ···· -Sq-Yd- ···-·. --180 - $ . 016.00- -$ . ·---· - - -2,880,00,

11 12

Compacted Sub-Grade Sq Yd 180 $ 6.50 $ 1,170.00 8" Gate Valve EA 1 $ 1,215.00 $ 1,215.00

Total Change Order Costs $ (118,901.00)!

The reduction of some of materials is due to Indian River County Road and Bridge having contracted Sheltra & Sons to perform the installation of the water main from 104th Avenue to 101st Avenue. This reduced the amount of construction Tim Rose Construction bid on. The air release valves were deleted at the request of Indian River County Utilities_ The addition of roadway materials is due to directional bores being replaced by open cuts at four intersections at the request of Indian River County Utilities. The additional 8" gate valve replaced the 12"x8" wet tap w/ gate valve_

/lkb

File: 0741

VLE Chg Odr Exhibit_021909

223

I

l

J l

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I _,

I

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! l .,

APPLICATION FOR PAYMENT NO .. ___,~.L-__

ENGINEER's Project No. ____ _

' 1. Original Contract Price:

2.

3.

4.

5.

6.

7.

Net change by Change Orders and Written Amendments(+ or-):

Current Contract Price {1 plus 2):

Total completed and stored to date

Retainage (per Agreement):

0 % of completed Work: $ __ ~_.Gr ___ _

% of stored material: $ --- ·---------. · Total Retainage:

Total completed and stored to date less retainage (4 minus 5):

Less previous Application for Payments:

8. DUE THIS APPLICATION (6 MINUS 7): $ '3 ½ // g. ;;i._o

Accompanying Documentation:

CONTRACTOR'S Certification:

$ lf7!; ¼5'0, CO $- i /8, 101. 00

$ ?b_;;z, 541. tJO i

$ 35;:? S-if"J. e>o I

$ . ·.kr $ '35..;;? Sif1. t>O

$ 81 )t 1

L(-3o. 2,o

The undersigned CONTRACTOR certifies that (1) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances; (2) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (3) the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last progress payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below: •

Dated 05- ,:Z{;,-0'1

· otary Public \. .•.. ·--- - ,--My Commission expires: ;z I I -- ;;;?. o I;;)__ Payment of the above AMOUNT DUE THIS APPLICATION is recommended.

Dated ---d-f--'1=B+l'-"09+---, I '-"-r ~ A ,f~e;,, ENGINEER

EJCDC No. C-700-E {2002 Edition) Prepared by the Engineers Joint Contrad: Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification Institute. · ·

By: _____::':~-L------

00800-28

H\Projects\07 41\Bidding Contract Specifications IS pee Templatel2007'iJOB00\supplementaiy Condttions.doc 224

I PAYMENT APPLICATION TO: tian River County Utilities

BOO-27th Street

rro Beach, Fl. 32960

I ttn: FROM: rmothy Rose Contracting, Inc.

360 Old Dixie Hwy SW

era Beach, FL 32962

FOR: 1jRc Utilities .

~~:t~,:•:::.~:~:,~::~F WOR~ Continuatto Page is attached.

1. CONTRACT AMOUNT

2. SUM oJ ALL CHANGE ORDERS

3. CURRE~T CONTRACT AMOUNT (Line 1 +/- 2)

4. TOTAL COMPLETED AND STORED

(Colu.;f G on Continuation Page)

5. RETAI AGE:

a. 0.0 % of Completed Work

(Colt,mns D + E on Continuation Page)

b. 0.

10'/, of Material Stored

(Col mn F on Continuation Page)

Total R tainage (Line 5a + Sb or

Col mn I on Continuation Page)

6. TOTAL COMPLETED AND STORED LESS RETAINAGE1 ' {Line 4 ininus Line 5 Total)

7. LESS f REVIOUS PAYMENT APPLICATIONS

8. PAYMENT DUE I 9. BALAN~E TO COMPLETION

(Line 3 inus Line 6) $0.00

' SUMMAR)' OF CHANGE ORDERS ADDITIONS ! Total ch~nges approved in

previous /months $0.00

Total apP,roved this month $0.00

I TOTALS $0.o,b

I NET CHANGES ($118,901.0())

PAYMENT APPLICATION I

Page 1

PROJECT Vero Lake Estates Water Main APPLICATION# 3 Distribution to: NAME AND Vero Lake Estates Water Main Trans. Ph. II PERIOD THRU: 05/18/2009 [ii] OWNER LOCATION:

1800-27th Street PROJECT#s: UCP 2958 (ii] ARCHITECT Vero Beach, Fl. 32960

0112412008 (ii] CONTRACTOR ARCHITECT: DATE OF CONTRACT:

• • Contractor's signature below is his assurance to Owner, concerning the payment herein applied for, that: (1) the Work has been performed as required in the Contract Documents, (2) all sums previously paid to Contractor under the Contract have been used to pay Contractor's costs for labor, materials and other obligations under the Contract for Work previously paid for, and (3) Contractor is legally entitled to this payment.

$471,450.00 CONTRACTOR: T~•~ractinq, Inc.

($118,901.00) By //;;;:; / ____, Date: 5 7(,.,:,- 001 $352,549.00 ~....- //Timothy RoSei President •.

~ Florida $352,549.00

County of: Indian River

Subscribed and sworn to before

$0.00 me this 26th day of May 2009

$0.00 Notary Public: Vickie Lee Wright

My Commission Expires: March 11, 2012

$0.00 ENGINEER'S CERTIFICATION $352,549.00 Engineer's signature below is his assurance to Owner, concerning the payment herein applied for,

that: (1) Engineer has inspected the Work represented by this Application, (2) such Work has been

$318,430.80 completed to the extent indicated in this Application, and the quality of workmanship and materials conforms with the Contract Documents, (3) this Application for Payment accurately states the amount of Work completed and payment due therefor, and (4) Architect knows of no reason why payment

$34,118.20 1

should not be made.

CERTIFIED AMOUNT ............................................................................... , ......... /1':J"/' /jg'_~ ;;

(If the certified amount is different from the payment due, you should attach an explanation. Initial all

DEDUCTIONS the figures that are changed to match the certified amount.)

ENGINEER: ($118,901.00)

By C Jd:J.,,(g~((/4 6 Date 511. 8 0i. $0.00

Neither this Application nor payment applied for herein is assignable or negotiable. Pay~ent shall be ($118,901.00)

made only to Contractor, and is without prejudice to any rights of Owner or Contractor under the Contract Documents or otherwise.

Ln N N

A B C

ITEM# WORK DESCRIPTION SCHEDULED

AMOU~T

1 Furnish & Install 3300 Ln Ft 12" W $75,9,00.00

2 Furnish & Install 1 0000 LF 8" Wat $140,0.00.00

3 Furnish & Install 700 LF 12" Direct $57,4b0.00

4 Furnish & Install 700 LF 8" Directi $32,2,00.00'

5 Furnish & Install 17 Fire Hydrants, $44,7'10.00

6 Furnish & Install 4-12" GV & B@ $8,320.00

7 Furnish & Install 13-8" GV & B @ $15, 7,95.00

8 20x12 Wet Tap w/Tapping Valve $5,100.00

9 12x12 Wet Tap w/Tapping Valve $4,6,00.00

10 12x8 Wet Tap wfTapping Valve (2) $5,$00.00

11 I ,

Six (6) Air Release Valves @ 3838 $23,028.00

12 Temporary Jumper connections (2 $5,i00.00

13 Bacteriological Sample Points (18) $6,480.00

14 Fittings (1) Ton 5240.00/ton $5,240.00

15 Non Paved Road Restoraton 600 $3,QOO.OO

16 Non Paved Drive Restoration 800 $4,qoo.oo

17 Sod 13,300 LF @ 1.19/LF $15,827.00

18 Project Record Documents (As Bu $6,"50.00

19 Mobilization LS $12,000.00 I

20 C/O#1 1$0.00

21 Change Order# 1 ($118,~01 00)

TOTALS ' $352,~49.00

I

Page 2 of 2

PROJECT: Vero Lake Estates Water Main APPLICATION#·.

Vero Lake Estates Water Main Trans. Ph. II DATE OF APPLICATION:

PERIOD THRU:

PROJECT#s:

D I E F G H

COMPLETED WORK STORED TOTAL % BALANCE MATERIALS COMPLETED AND COMP. TO AMOUNT AMOUNT

PREVIOUS THIS PERIOD (NOT IN D OR E) STORED (GI C) COMPLETION

PERIODS (D+E+F) (C-G)

$39,790.00 $36, ·11 U.00 $0.00 $75,900.00 100% $0.00

$140,000.00 $0.00 $0.00 $140,000.00 10G% $0.00

$12,710.00 $44,690.00 $0.00 $57,400.00 100% $0.00

$28,520.00 $3,680.00 $0.00 $32,200.00 100% $0.00

$42,080.00 $2,630.00 $0.00 $44,710.00 100% $0.00

$8,320.00 $0.00 $0.00 $8,320.00 100% $0.00

$15,795.00 $0.00 $0.00 $15,795.00 100% $0.00

$5,200.00 $0.00 $0.00 $5,200.00 100% $0.00

$0.00 $4,600.00 $0.00 $4,600.00 100% $0.00

$2,900.00 $2,900.00 $0.00 $5,800.00 100% $0.00

$0.00 $23,028.00 $0.00 $23,028.00 100% $0.00

$5,200.00 $0.00 $0.00 $5,200.00 100% $0.00

$6,480.00 $0.00 $0.00 $6,480.00 100% $0.00

$5,240.00 $0.00 $0.00 $5,240.00 100% $0.00

$3,000.00 $0.00 $0.00 $3,000.00 100% $0.00

$4,000.00 $0.00 $0.00 $4,000.00 100% $0.00

$15,827.00 $0.00 $0.00 $15,827.00 100% $0.00

$6,750.00 $0.00 $0.00 $6,750.00 100% $0.00

$12,000.00 $0.00 $0.00 $12,000.00 100% $0.00

$0.00 $0.00 $0.00 $0.00 $0.00

$0.00 ($118,901.00) $0.00 ($118,901.00) 100% $0.00

$353,812.00 ($1,263.00) $0.00 $352,549.00 100% $0.00

3

05/2612009

0511812009

UCP 2958

I

RETAINAGE (If Variable)

(0 N N

Office o/ Attorney's Matters 06/09/09


William G. Collins II, County Attorney William K DeBraal, Deputy County Attorney Marian E. Fell, Assistant County Attorney George A. Glenn, Assistant County Attorney

TO:

THROUGH:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissioners L,/

v/ 1()"illiam G. Collins II, County Attorney

u1~liam K. DeBraal, Deputy County Attorney

May 29, 2009

ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVE GARY D. BROWN REVOCABLE TRUST

The Gary D. Brown Revocable Trust owns a 34.49 acre parcel of property on the northwest corner of 66th Avenue and 53rd Street. The Trustee, Gary Brown, is represented by Raymer Maguire of the law firm of Fixel, Maguire & Willis. The County has been negotiating with Mr. Brown for purchase of 6.333 acres of right-of-way including a parcel for a storm water treatment pond. The County needs right-of-way along both 66th Avenue and 53rd Street. Please refer to the sketch and legal description attached to the Agreement for Purchase and Sale. The breakdown of the property needed is as follows:

• 1 .376 acres for a pond site - parcel 403 • 2.271 acres for right-of-way along 66th Avenue and 53rd Street also parcel 403 • 2.686 acres ofTIIF/Murphy reservation shown in cross hatch on the parcel sketch

The parcel is zoned A-1, Agricultural, one unit per five acres and is outside of the urban Service Boundary. It is currently unimproved. The property was purchased by the trust in

.• January 2005 for a total price of $2,050,000 or $59,437.52 per acre.

The trustee has offered to sell the County the 6.333 acres needed for the same price as he bought it or $55,600 X 6.333 acres for a total of $352,003.60. The purchase price assigns full value to the TIIF/Murphy reservation. There would be no lease back provision.

APPROVED FOR __ /o_~-'Cf_-_O__,_Cj __ B.C.C. M~E)lli?-_·_.Jl _E Eg\JG.)4 R AGENDA

vC/ - ~~·~Uc-4 COUNT¥ ATTORNEY, . .

/3A

227

MEMORANDUM - ROW 66th Ave. Board of County Commissioners Page 12

In prior agreements with Mr. Maguire's clients, the County purchased the necessary rightof-way at appraised value with the price established by a mutually agreed upon appraiser. No appraisals were obtained in this matter as the purchase price is based on a previous appraisal from the corner of 33rd Street and 661h Avenue for the Cherry Lane Cattle parcel. The County has also paid the property owner's engineering fees and an attorney's fee of 7.5% of the purchase price for bare land. In this case there were engineering costs of $7,000 and an attorney's fee of $26,400.27 based on the 7.5% of the purchase price.

At the Board meeting of May 12, 2009, the Board approved the same purchase price per acre for the Ayoub parcel. Acquisition of these parcels will provide for over 0.4 miles of right-of-way along 661h Avenue and 53rd Street and complete acquisition of 661h Avenue right-of-way between 53rd and 5yth Street.

STAFF RECOMMENDATION: Staff recommends the Board approve the attached contract for purchase of the parcel Gary D. Brown Revocable Trust for $352,003.60 together with attorney's fees of $26,400.27 and engineering costs of $7,000.00 for a total of $385,403.87.

FUNDING: Funding is budgeted and available from Optional Sales Tax 661h Avenue/SR 60 to 59th Street Project account #31521441-066120-06040. ·

WKD c: Raymer F. Maguire Ill, Esq.

Indian. River Co. A~d Date ! ~i!AJin,. I....., '::I} ?,/lllo• ' Cq. Atty._ ~:_ ,.__. 6-'j..0 ' Budget ,, r .ti ~ ~ Dept. ( If C.3ou Risk Mgr. V l . ""- • >~-

228

AGREEMENT TO PURCHASE AND SELL REAL EST ATE BETWEEN

GARY D. BROWN, TRUSTEE OF THE GARY D. BROWN REVOCABLE TRUST

AND INDIAN RIVER COUNTY

THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the __ day of ---~ 2009, by and between Indian River County, a political subdivision of the State of Florida ("the County''), and Gary D. Brown, Trustee ("Seller''), who agree as follows:

WHEREAS, Gary D. Brown, Trustee owns a 34.49 ± acre parcel of property located at the corner of 53rd Street and 66th Avenue in Vero Beach, Florida. A sketch and legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and

WHEREAS, the County, is scheduled to expand 66th Avenue in the near future and the road expansion will impact and affect the Seller's property; and

WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to 66th Avenue; and

WHEREAS, the County has contacted Seller and has offered to purchase a 6.331 acre parcel of property from Gary D. Brown, Trustee, to be used as right-of-way as depicted on Exhibit "A" (the Property); and

WHEREAS, Gary D. Brown, Trustee, is represented by Raymer F. Maguire Ill of the law firm of Fixel, Maguire & Willis, 101 0 Executive Center Drive, Suite 121, Orlando, Florida; and

WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and

WHEREAS, Seller and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property;

NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows:

1. Recitals. The above recitals are affirmed as being true and correct and are in,.....r..i-,•v--.raterl haro.in 111vu1pv y '-I,,...,,...,,.,

Page 1 of 6 229

2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located on 66th Avenue, Vero Beach, Florida and more specifically described in the sketch and legal description attached as Exhibit "A", containing approximately 6.331 acres, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property").

3. Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be established by the Cherry Lane Cattle, LLC appraisals which is mutually agreed upon by the parties. The Purchase Price shall be THREE HUNDRED AND FIFTY TWO THOUSAND, THREE AND 60/100 DOLLARS ($352,003.60) based on 6,331 acres at $55,600 per acre. The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority.

4. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller except as noted in Exhibit "A"; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions").

4. 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii} accept title subject to existing defects and proceed to closing.

5. Representations of the Seller.

5.1 Seller is indefeasibly seized of marketable, fee simple titie to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances.

Page 2 of 6 230

5.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County.

5.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district.

6. Default.

6.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing.

6.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing:

7. Closing.

7 .1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the receipt of the Appraiser's Final Report. The parties agree that the Closing shall be as follows:

The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 4.

(b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof.

(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.

{ rl\ If fho Soller is ".:a nnn-r-.o.C!'irl.on+ ali.o.n or fnl"'.oign anti+v ~o.llo.r ch!:all rfalhu:::~,r tn tho \U/ I UIV '-'II I I. Y IIV I IVVIUVIIL IIV I I IVl,._,I 11 .._,IILILJI .._.._..,.._.., ._,, .,_.,. ,....,_,,.,;,._, LV' ._,,...,

County an affidavit, in a form acceptable to the County, certifying that the Seller and any

Page 3 of 6 231

interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980.

( e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction.

(f) From the $352,003.60 purchase price, the closing agent shall pay $7,040.07 to Paul Himmelrich and Co., 710 East Hillsboro Boulevard, Deerfield Beach, Florida 33441 and pay the balance of $344,963.53 of the purchase price ($352,003.60 - $7,040.07 = $344,963.53) to Seller.

8. Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller.

9. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents.

9.1 County shall pay the following expenses at Closing:

9.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement.

9.1.2 Documentary Stamps required to be affixed to the warranty deed.

9.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any.

9.1.4 Engineering costs incurred by Seller of $7,000. The costs shall be paid directly to the engineering firm.

9.1.5 Attorney's fees and costs of $26,400.27 which represents 7.5% of the purchase price.

9 .2 Seller shall pay the following expenses at or prior to Closing:

9.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property.

10. Miscellaneous.

10.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for a!! federal court matters.

Page 4 of 6 232

10.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties.

10.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.

10.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows:

If to Seller:

If to Seller's Attorney:

If to County:

Gary D. Brown, Trustee Gary D. Brown Revocable Trust c/o Paul Himmelrich and Co. 71 O East Hillsboro Boulevard Deerfield Beach, Florida 33441

Raymer F. Maguire Ill Fixel, Maguire & Willis 1010 Executive Center Drive Suite 121 Orlando, Florida 32803

Indian River County 1801 2ih Street Vero Beach, Florida 32960 Attn: Land Acquisition/Pamela Stewart

Either party may change the information above by giving written notice of such change as provided in this paragraph.

10.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.

10.6 ,A.ttorney's Fees and Costs. !n any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses.

Page 5 of 6 233

10.7 · Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original.

10.8 County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.

10.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for safe to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.

11. Wye River Farms. Inc. This Agreement is based on Indian River County's project specifications attached hereto as composite Exhibit "B" and as said plans relate to Parcels No. 119 and the remainder being implemented by County. Accordingly, if the project is not so implemented, Sellers shall have the same remedies as would have been afforded to them had the case been resolved by verdict with said plans and specifications having been made a part of the record at trial. Central & Southern Florida Flood Control District v. Wye River Farms, Inc., 297 So.2d 323 (Fla. 4th DCA 1974); cert. denied 310 So.2d 745 (Fla. 1975). This provision shall survive the closing.

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above.

SELLER:

By~Js-~ aryD.rown, Trustee

Date Signed: 3 / 7- 3 ) o q

~"!;"' sufficiency:

52•02-104/403\20

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

By:~---~------Wesley S. Davis, Chairman

Date Signed: _______ _


By_-=----------Deputy Clerk Date Signed: ________ _

Page 6 of 6

234

SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT .A SURVEY!


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LEGAL DESCRIPTION: PARCEL 403

EXHIBIT

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OWNER: GARY D .. BROWN (TRUSTEE) C/0 PAUL HIMM(LRICH & C

THAT PORTION OF LAND BEING 1HE WEST 324.73 FEET OF THE EAST 450.73 FEET OF THE SOUTH 184.51 FEET OF THE NORTH 284.51 OF TRACT 16, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, Si. LUCIE COUNTY, FLORIDA ALL SAID LANDS LYING WITHIN SECTION 18, "TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.

CONTAINING 1.376 ACRES, MORE OR LESS

SAID PARCEL OF LAND LYING WITHIN THOSE LANDS AS DESCRIBi::D iN OFFICIAL RECORDS BOOK 1828, PAGE 1134, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA.

ALL SAID LANDS LYING WITHIN SECTION 18, TOWNSHIP .32 SOUTH, RANGE 39 EAST, IND/AN RIVER COUNTY, FLORIDA.

CERTIFICATION: I HERES)'. CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH,ifli!E SURVEYIN(fiSTANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, /JS SET FORTH BY 1HE FLORIDA so.(::;; . - ' ' .. OFESS\ONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472,027, FLORIDA STATUTES, AND IS TRUE A" .. i -i'!'oHE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL -RAISE .,.A'''flORIDA . .LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR

.JINF'o:. ,l, ),';-f,JjR~OS[5 ;CiNLY,'AND IS NOT VALID . .'c•':}\i(!f· <;,l',./<·-:·~,• '';'i'/' · ,,· . -.· NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A

·• '\ :''f;Jih. ~li!'i\' ,:•:. ._- •· . ' .. · .· GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON .

.. . ~ :;:s~idrt±~~::i~~~(:)f : /'.}•:; . ~'':: . .. . . . . ~~~~~c~~R~~~~;o o~IE~iN~~~~TSVl~~~N~N °~o~~~Ci!ON . ,,: ,,:,::~~if,;,y\',\'(HITE\:v· · ,.,,.,.' ·-•· ·. WITH THE PREPARATION OF THE INFORMATION SHOWN ; ,:A )'':•~f?:~R~~10Nl\l,t;Al'JD SURVEYOR AND MAPPER HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ,· ii •S/~r,J~fFND,Jt2lJ, ,:~TAT~ or-FLORIDA ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND

-,:,;DAT£:)J'4/Q4¼D7 ,; . . EASEMENTS Df RECORD.

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LEGEND: Ip_ - BASELINE 0.8. - DEED BOOK O.R.8. - OFFICIAL RECORD P.B. - PLAT BOOX

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53rd STREET & 66th AVENUE VERO BEACH, FL., 32967

P!D-323918D0001 D 1500D0D1 .0 O.R.B. 1828, PG. 1134

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LOCATION MAP: NOT TO S~ALE

OWNER, GARY D. BROWN (TRUSTEE) C/O PAUL HIMMELRICH & CO.

LEGAL DESCRIPTION: PARCEL 104 A PARCEL Of LAND BEING WEST 46,00 FEET OF THE EAST 125.00 FEET OF THE NORTH 599.49 FEET OF TRACT 16, INDIAN RIVER FARMS CO. PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS; SAINT LUCIE COUNTY, FLORIDA. .

TOGETHER WITH:

THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEt."'T LESS THE EAST 266.65 FEET OF SAID TRACT 16.

TOGETHER WITH,

BEGIN AT A POINT OF INTERSECTION OF THE SOUTH LINE OF THE NORTH 559.49 FEET OF SAID TRACT 16 AND THE WESJ LINE OF THE EASi 126.00 FEET OF SAID TRACI 16; THENCE SOUTH. 89"28'48" EAST, ALONG SAID SOUTH LINE. OF THE NORtH 559.49 FEET Of" -TRACT 16, A DISTANCE OF 46.00. FEET; THENCE SOUTH ocn2'25:• WEST; ALONG SAID WEST LINE OF THE EAST BO.OD FEET OF SAID TRACT 16, A DISTANCE OF 529,76 FEET; THENCE. NORTH 89"56''06" WEST, ALONG THE NOfffH UNE OF THE SOUTH 100 FEET OF SAID TRACT 16( A DISTANCE OF 54.Z1 FFET; THENCE NORTH 44"29'58'' EAST, A DISTANCE OF 28.00 FEET; THENCE NORTH 01"03.'58" WEST, A DISTANCE OF 510.23 FEET TO THB POINT OF BEGINNING ..

ALL SAID LANDS LYING WITHIN SECTION 1 B, TOWNSHIP 32 SOUTH, RANGE 39 E;AST, INDIAN RIVER COUN1Y, FLORIDA.

CONTAINING 2.271 ACRES, MORE OR LESS

SAID PARCEL OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 1828, PAGE 113.4; PUllLJC RECORDS, INDIAN RIVER COUNTY, FLORIDA. . ..

LANDS SRbWt.J HEREON ARE ENCUMBERED BY A Tiff RESERVATION RECORDED IN DEED BOOK 35, PAGE 434, SAID. PUSLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, WHICH CONTAINS 2.686 ACRE-S, MORE OR LESS.

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CERTIFICATIO~f I HERESY CER11FY Tl'lAT TRE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED. IN ACCORDANCE WITH THE SORVEY!NG STANDARDS, CHAPTER 61'G17-6, FLORIDA ADMINISTRATIVE GODE, AS Str FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472,027, FLORIDA STATUTES, AND IS TRUE AND .CORR.ECT TO. THE: BEST OF MY KNOWLEDGE AND B.ELIEF. UNLESS IT BEARS. THE SIGNATURE AND THE ORIGINAL . RAISED SEAL OF A Fl:ORIDA LICENSED SURVEYOR AN0 MAPPER, THIS LEGAL DESCRIPT10N AND SKITCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS N01 VALID.

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PERRY ;((. WHITE . PROPtSSIONAL !AND SURVEYOR AND MAPPER LICENSE NO. 4213, STATE OF FLORIDA

DATE: 03/29/07

~ARCADlS ARCADIS U.S., Inc. 2081 Vlsla Parkway Te/; (561) 697-7000 ra~ /561) 697,7751

NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESGRIPT!ON SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING Of THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY ANO £1\SEMENTS OF RECORD.

PROJECT J.WlA£ER ! O[PNm!ENT WNAGER SCAf.£: CHtCK£D BY PCW PCW ;· = BO' PCW

~ SHEtr TinE OAT(: DRAWN BY 03/29/07 BEJ & JAF 0 ....

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1053SO1O4 WP001053 @) West Palm Beach, Florida 33411 WVNJ.arcadis-us.ccm SHE.IT 1 Of 6 2 37

SKETCH TO ACCOMPANY DESCRIPTION, THIS IS NOT A SURVEY!

OWNER: GARY D. BROWN (TRUSTEE) c/o PAUL HIMMELRICH & CO,

LEGEND: SEE SHEET 6 OF 6

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50' R/W PER STATE .OF FLORIDA. STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP

SECTlON NO. -B8530, ROAD NO. 505 COUN1Y ROAD 615, 66th AVENUE

OWNER: GARY D. BROWN (TRUSTEE) C/0 PAUL HIM~1ELRICH & CO,

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@ Wes\ Palin Besch, F!otida 334 \, 'fe.!:{5ei)DS7-7UDU For: (561)!i97-ll5i W',W,'.eri:adis• us.cur,1_ SHEET 3 Of S -~------- -----·- ------------------

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INDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG. 25, S.L.C.R. I •

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OWNER:

! LEGEND: GARY D. BROWN (TRUSTEE) c/o PAUL HIMMELRICH & co. ! SEE SHEET 6 OF 6

41

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SKETCH TO ACCOMPANY DESCRIPTION. THIS !S NOT A SURVEY!

LEGEND; D.S. - DEED BOOK _P.0.C. - POINT OF COM,iENCEMENT P .0. 8. - POINT OF BEGINNING P.B. ·- PLAT BOOK PG. - PAGE POT - POINT OF TANGENCY S.L.C.R. - ST. LUCIE COUNTY RECORDS STA - STATION T - TOTAL

Le. •

o! T\IF - TRUSTEES OF THE INTERNAL IMPROVEMENT FUND L') I

ti· ~I ENCUMBERED BY TIIF RESERVATION - m (f) .

TRACT 1 6, IRFC w ! w

TRACT 15, IRFC P.B. 2, PG. 25

P.B. 2, PG. 25 Vi ! i 53rd STREET & 66th AVENUE

WEST LINE--..____ I VERO BEACH, Fl., 32957 l I OF TRACT 16 1 PID-32391800001016000001.0 pi

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STA: 312+82.47 . : _,POT Sta. 493+49.85 ;; j OFfSEL 1233.22 L\ I ; 50' ADDITIONAL ~ !

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53rd STREET STA: 312+32.49 1'- N89'56'06"W g/997.75' ff) f 1' . . . OFFSET:_ 1E!.49 _L _, _ ., ,

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SOUTH LINE OF SEC'TIDN 18-32-39 SOUTH LINEJ I OF iRACT 16

60' SUB-LATERAL "A-9" CANAL INDIAN RIVER FARMS CO. PLAT OF LANDS

P.B. 2, PG. 25, S.L.C.R.

ovmER: GARY D BROWN (TRUSTEE) c/o PAUL HIMMELRICH & CO.

PROJECT 1.1.ANAGER ! DEPAITT'oiOO WJV;i;[R

r=PC=W ~~----'' _.!:EJL __ _ ~ SHEET TJllf D ~.

scAL.£: 1' == Bo'

CHtCKED 6'Y PCW

DAT2 ·------ - .. DRi\o/N 'iff

03/2e/07 BEJ & JAF

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" @ : ARCAD!S lLS,,-.i Inc, m faDDITiDNAL R/W _, PRO.IECT N!/1.lf.lfR

,_,o::~s,"' 104 £ 2081 \lis!a Parkway @ Wesl P<1lm Bec1ch.F/oritia 334i1

Tel: (561] 68J.7lJ00 F~x· (551) 897-Tr:.,i w-:1~v.a1cadis-us ,:orn S118./ 6 OF 6

, c..hJ ,,.} _[ l,.! . 42

Item not reproduced due to voluminous nature but is on file with BCC Office

I EX H I 8 I T 11 811

243

To: Date:

Subject:

From:



Members of the Board of County Commissioners June 1, 2009

June 9, 2008 ITEM 14.E.1

County Administrator Joe Baird, the DUI and the process going forward.

Bob Solari, District 5 Commissioner

I have requested that the County Attorney get together with Human Resources and whoever else he deems appropriate to put together a presentation for the Commission to be given at the June 9th meeting to discuss a process going forward which addresses the rights and duties of both the Canty Administrator and the County regarding the County Administrator's recent DUI arrest.

Most probably each Commissioner has a number of questions related to this matter. It might be helpful to pass them to the County Attorney as soon as possible so that he might have time to formulate a response in time for the meeting on the 9th

.

244