BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A

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1 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A TUESDAY, JANUARY 19, :00 A.M. County Commission Chamber Indian River County Administration Complex th Street, Building A Vero Beach, Florida, COUNTY COMMISSIONERS Peter D. O Bryan, Chairman District 4 Joseph A. Baird, County Administrator Bob Solari, Vice Chairman District 5 William G. Collins II, County Attorney Wesley S. Davis District 1 Jeffrey K. Barton, Clerk to the Board Joseph E. Flescher District 2 Gary C. Wheeler District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Stan Boling, Planning Director 3. PLEDGE OF ALLEGIANCE Joseph A. Baird, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating January 25 29, 2010 as Goline/Community Coach Public Transit Employee Recognition Week 1 B. Public Announcement for Vero Beach Electronics Recycling Event on January 23, 2010 (memorandum dated January 11, 2010) 2 January 19, 2010 Page 1 of 6

2 6. APPROVAL OF MINUTES PAGE None 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Resignation of Representative from Gifford Community to the Parks and Recreation Committee (memorandum dated January 12, 2010) 3 B Election of MPO Citizens Advisory Committee (MPOCAC) Chairman and Vice Chairman (memorandum dated January 11, 2010) 4 C Election of MPO Chairman and Vice Chairman (memorandum dated January 13, 2010) 5 8. CONSENT AGENDA A. Approval of Warrants and Wires December 29, 2009 to January 7, 2010 (memorandum dated January 7, 2010) 6-14 B. Lease with Cumberland Farms at Oslo Road and 27 th Avenue (memorandum dated January 11, 2010) C. Proclamation and Retirement Award for Robert D. Williams on his Retirement after Twenty-eight Years Service with the Board of County Commission Department of Emergency Services/Fire Rescue D. Authorization for the Supervisor of Elections to Use Former Stormwater Offices Located at the 43 rd Avenue Administration Annex rd Avenue Unit 102 (memorandum dated January 13, 2010) 30 E. Wabasso Beach Restoration Sectors 3 FDEP Grant Agreement No. 071R2 Amendment No. 1 (memorandum dated January 7, 2010) F. Work Order No. 14 (Engineering/Surveying) Masteller, Moler, Reed and Taylor, Inc. Dale Wimbrow and Donald MacDonald Parks Boundary Topographic Aerial Photogrammetric Survey (memorandum dated January 4, 2010) January 19, 2010 Page 2 of 6

3 8. CONSENT AGENDA PAGE G. Amendment and Extension of Hurricane Debris Removal Contracts for Omni Pinnacle, LLC and Ceres Environmental Services, Inc. (memorandum dated January 7, 2010) H. Traffic Control Device Ledger (memorandum dated January 6, 2010) CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Deryl Loar, Indian River County Sheriff Resolution in Support of Senate Bill 610 and House Bill 417 (memorandum dated January 12, 2010) PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes. 1. Request to Speak from Frank Zorc Regarding Communications between County and Piper, Unavailability of Communications, Appearance of Sunshine Law Violation Request to Speak from Brian Heady Regarding Issues Related to Vero Beach Electric Utility Request to Speak from Bruce Barkett, for City First Mortgage Corp., Regarding Matter of Lewis Barton Code Enforcement C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None January 19, 2010 Page 3 of 6

4 12. DEPARTMENTAL MATTERS PAGE A. Community Development 1. Approval of Contract Award for the Rehabilitation of Eight Homes Approved Under the Hurricane Wilma Community Development Block Grant Disaster Recovery Initiative (memorandum dated January 8, 2010) B. Emergency Services None C. General Services None D. Human Resources 1. Approval of County Attorney Employment Contract (memorandum dated January 11, 2010) E. Human Services None F. Leisure Services None G. Office of Management and Budget None H. Recreation None I. Public Works 1. Right-of-Way Reconsideration of Resolutions , and Regarding Acquisition of Right-of-Way for County Road Projects (memorandum dated January 12, 2010) rd Avenue Stormwater Retention Area, Right-of-Way, Margaret B. Durwin, rd Avenue, Vero Beach, Florida (memorandum dated January 11, 2010) Staff Update Sector 3 Beach Renourishment Project (no back-up) January 19, 2010 Page 4 of 6

5 12. DEPARTMENTAL MATTERS PAGE J. Utilities Services None 13. COUNTY ATTORNEY MATTERS None 14. COMMISSIONERS ITEMS A. Commissioner Peter D. O Bryan, Chairman None B. Commissioner Bob Solari, Vice Chairman None C. Commissioner Wesley S. Davis None D. Commissioner Joseph E. Flescher None E. Commissioner Gary C. Wheeler None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. Approval of FY 2009/10 EMS County Awards Grant: Purchase of Capital/Operating Equipment Using Non-Matching EMS Grant Funds and Grant Resolution (memorandum dated December 21, 2009) B. Solid Waste Disposal District None C. Environmental Control Board None January 19, 2010 Page 5 of 6

6 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) (TDD # ) at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at 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. January 19, 2010 Page 6 of 6

7 PROCLAMATION 5A DESIGNATING JANUARY 25-29, 2010 AS GOLINE/COMMUNITY COACH PUBLIC TRANSIT EMPLOYEE RECOGNITION WEEK WHEREAS, Indian River County is the designated recipient of state and federal public transportation grants and contributes local funding for public transportation services for its citizens; and WHEREAS, public transportation provides benefits to all citizens in the community, including congestion relief, greenhouse gas emission reductions, economic development, safety, and mobility benefits; and WHEREAS, Indian River County utilizes the Senior Resource Association to provide service through its Goline fixed route and Community Coach demand response systems; and WHEREAS, citizens from all walks of life in Indian River County rely on Goline and Community Coach to access medical services, educational opportunities, employment, shopping, and other life-sustaining activities; and WHEREAS, Goline and Community Coach employees operate six days a week, in all weather, often transporting clients with sensitive medical conditions, and are asked to respond to any number of unanticipated conditions and emergencies with professionalism and respect for the client; and WHEREAS, Goline and Community Coach are recognized as model small urban public transportation systems by FOOT, the Center for Urban Transportation Research, and by peers throughout the state due to the safety, comfort, and cost efficiency of the system; and WHEREAS, the success of public transportation in Indian River County is directly attributable to the tireless efforts of its drivers, dispatchers, planners, operators, and supervisors. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA the week of January 25, 2010, be designated in Indian River County as PUBLIC TRANSIT EMPLOYEE RECOGNITION WEEK.Adopted this 19th day of January, Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Wesley S. Davis Joseph E. Flescher Gary C. Wheeler 1

8 PUBLIC ANNOUNCEMENT 56 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: January 11, 2010 To: Thru: From: Subject: Joseph A. Baird, County Administrator W. Erik Olson, Director of Utility Service~ ~ Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District '}J.m Public Announcement for Vero Beach Electronics Recycling Event on January 23, 2010 PUBLIC ANNOUNCEMENT: The staff of the Solid Waste Disposal District (SWDD) is pleased to announce to the SWDD Board and to the public that the Vera Beach Electronics Recycling Event will be held on Saturday, January 23, 2010, from 9:00 am to 3:00 pm at the Indian River Mall in Macy's parking lot. This event is free to all residents of Indian River County and provides a great opportunity to bring outdated computers, televisions, and consumer electronics and to keep electronics waste and its hazardous components out of our landfill. Last fiscal year we had two successful events in Vera Beach and Sebastian, where we collected over 100,000 pounds or 50 tons of unwanted electronics. Nearly 1,500 cars visited the events and we passed out over 275 recycle bins. AERC Recycling Solutions will provide staff to collect and transport the electronics to their facility in Melbourne, Florida, where they have a Zero-Waste-to-Landfill policy and will disassemble and recover components for resale and recycling of metal, glass, and plastics. AERC will provide a certification of recycling for the event and have a strict policy to remove and erase all computer files, software, or other information contained on electronics. The cost by AERC to SWDD to host this event and a future event this year in Sebastian will be $1,500 and $10.00 per each television collected. Simon Mall has reduced their rate to $300 compared to last year's $500 charge for the use of the mall facilities. Therefore, the total estimated cost, assuming 400 televisions, is $5, Funding is available in the Recycling - Other Professional Services Account No The event will be co-hosted by Keep Indian River Beautiful {KIRB) as part of their scope of services with SWDD. Kristina Sturdivant, Executive Director of KIRB, and staff will provide educational and recycling information to the public. In addition, KIRB staff will provide recycling bins to residents that need new or replacement bins. APPROVED FOR AGENDA: For:9f:t~~ 11. d(j/0 I Indian River Co. Approved Date Administration rc I ) I j,.,j,o SWDD Director\ 1~5 1<1 ~ ' 11..o Budget { f'\ II} 10 Legal L&.i ijt?.-//;? SWDD Agenda- Public Announcement fore-event Page-1-2

9 7A January 19, 2009 INFORMATIONAL ITEM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Date: Subject: From: Members of the Board of County Commissioners January 12, 2010 Resignation of Representative from Gifford Community to the Parks and Recreation Committee Maria Resto Commissioner Assistant, District 2 Mr. Bill Wilson, representative from Gifford Community to the Parks and Recreation Committee submitted his resignation on January 4, His term would expire by the end of Anyone interested in serving on the Parks and Recreation Committee will need to submit an application and resume to Maria Resto at the Board of County Commissioners Office, County Administration Building A, h Street, Vero Beach, FL Applications can be accessed on-line at applications or at the Board of County Commissioner's Office. F:\BCC\Agenda ltems\2010\appointments & Resignations\PRC- Resignation of Mr. Wilson.doc 3

10 713 INFORMATIONAL ITEMS.January 19, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Date: Subject: From: Members of the Board of County Commissioners January 11, ELECTION OF MPO CITIZENS ADVISORY COMMITTEE (MPOCAC) CHAIRMAN AND VICE CHAIRMAN Darcy Vasilas, Commissioner Assistant District 3 At the January 5, 2010 Joint MPO Citizens Advisory Committee (CAC) and MPO Technical Advisory Committee (TAC) meeting, the members voted to re-elect Ms. Juliana Young as Chairman, and Mr. Robert Johnson as Vice Chairman of the MPOCAC for the year As such, Chairman Young and Vice Chairman Johnson would be the MPOCAC appointees to the MPO Regional Advisory Committee. No Board action is required. 4

11 INFORMATIONAL ITEMS January 19, 2010 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Date: Subject: From: Members of the Board of County Commissioners January 13, ELECTION OF MPO CHAIRMAN AND VICE CHAIRMAN Darcy Vasilas, Commissioner Assistant District 3 At the January 13, 2010 Metropolitan Planning Organization (MPO) Committee meeting, the members voted to elect Mayor Richard Gillmor as Chairman, and Commissioner Bob Solari as Vice Chairman of the MPO for the year As such, Chairman Gillmor and Vice Chairman Solari would be the MPO appointees to the MPO Regional Advisory Committee. No Board action is required. 5

12 CLERK OF CIRCUIT COURT INTEROFFICE MEMORANDUM TO: DATE: SUBJECT: FROM: HONORABLE BOARD OF COUNTY COMMISSIONERS January7,2010 APPROVAL OF WARRANTS AND WIRES December 29,2009 to January 7, 2010 DIANE BERNARDO- FINANCE DIRECTOR In compliance with Chapter , 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 December 29,2009 to January 7, Attachment: DB:MS 6

13 CHECKS WRITTEN CHECKNBR CKDATE 114/ /4/ / /4/ / / /4/ /4/ / /2010 I 114/ /2010 I 114/2010 I 1/4/ /4/ /4/ /4/2010 I 114/ /2010 I 114/2010 I 1/4/2010 I 1/4/2010 I 114/2010 I 1/4/2010 I 1/4/ /4/ /4/ /4/ /4/ /2010 I 1/4/2010 I 114/2010 I 114/2010 I 114/2010 I 1/4/2010 I 114/ / / /4/ / /4/ /4/ /4/ / /4/2010 I 114/2010 I 114/2010 I 114/2010 I 114/ /4/2010 I 1/4/ /4/ /4/2010 I 1/4/ /4/2010 I 1/4/2010 I 1/4/ /4/ VENDOR ALPHONSO JONES ORANGE COUNTY HOUSING AND SANDY PINES ALL FLORIDA GMAC REAL ESTATE GERALD T CAPAK PAUL CARONE CHERYL DOYLE EDGEWOOD PLACE ( ) GIFFORD GROVES LTD GRACES LANDING LTD MICHAEL JACKOWSKI PHILLIP G LANGLEY TERRY A LAWRENCE LINDSEY GARDENS APARTMENTS BRYAN D BLAIS RIVER PARK ASSOCIATES RICHARD C THERIEN CREATIVE CHOICE HOMES XV! LTD DAVID YORK LILLYBYORK ST FRANCIS MANOR OF VERO BEACH CITY OF VERO BEACH SALLIE (WYNN) BLAKE CCA HOLDINGS LIMITED PARTNERSHIP BRACKETT FAMILY LTC & PARTNERSHIP CHRISTIAN MILLIMAN FLORIDA POWER AND LIGHT LLONALD E MIXELL FULCHINI ENTERPRISES INC VENETIANAPARTMENTSOFVEROBEACH HERMOSA PROPERTIES LLC PINNACLE GROVE LTD VERO CLUB PARTNERS LTD FORT PIERCE HOUSING AUTHORITY CRAIG & KAREN MERRILL CHRISTINE SALTER HAGGERTYFAMILYLTD WILLIAM J KEISER & OANH HUYNH THE PALMS AT VERO BEACH CLEMEN CIA CAMACHO DAVID AND PATRICIA CONDON HILARY MCIVOR WALKER CLUB APARTMENTS PAULA LANE RONALD J RENNICK WARREN ROBERT BEANS DENIS AND NORMA JEAN ROCK TCG SONRISE II LLC GLENN STRUNK PELICAN ISLE MID FLORIDA RENTALS INC LUCY HORNE JOHNFBAER SUN COAST REALTY & RENTAL MANAGEMENT LLC OAK RIVER PROPERTIES MICHAEL MAZZARELLA JOSERPOMPA PATRICIA MACLEOD AMOUNT , , , , , , , , , , , , , , , , , ,

14 CHECKNBR CKDATE 1/4/2010 I 114/2010 I 114/2010 I 1/4/2010 I 1/4/2010 I 1/4/2010 I 1/4/2010 I 114/2010 I 114/2010 I 114/2010 I 114/2010 I 1/4/2010 I 1/4/2010 I 114/2010 I 114/2010 I 114/2010 I 114/2010 I 1/4/2010 I 1/4/2010 I 1/4/2010 I 1/4/2010 I 1/4/2010 I 114/2010 I 114/2010 I 114/2010 I 114/2010 I 1/4/2010 I 1/4/2010 I 1/4/2010 I 1/4/2010 I 1/4/2010 I 1/4/2010 I 114/2010 I 116/2010 I 116/2010 I 116/2010 I 116/2010 I 116/2010 I 116/2010 I 116/2010 I 1/6/2010 I 1/6/2010 I 116/2010 I 116/2010 I 116/2010 I 116/2010 I 116/2010 I 116/2010 I 116/2010 I 1/6/2010 I 1/6/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I VENDOR KENNEN COHEN INVESTORS REALTY OF IRC BOGDAN HYTROS COLETTA DORADO NANCY SAUNIER EMELE MONCION STEPHEN J SHORT SR MIKE KANNER ADINA GOLDMAN INDIAN RIVER RDA LP DONNA FINLAYSON-BROWN SAMUEL P N COOK LAZYJLLC ANTHONY STEW ART STEPHANIE FOUNTAIN WINFRIED AND LESLIE ARENDT KATHY NYSTROM PROPERTY MGMT ROBERT BAILEY SYLVIA MCNEILL SKOKIE HOLDINGS INC LILIAN N BEUTTELL ROGER WINSLOW RUTHIESWAN CHRIS WILSON GARY J P ARCELLIN EUGENE AND JULIE THERON VINCENT PILEGGI ANNE M HENNESSEY BENOIT TREMBLAY WALTER BRYAN BRITTON ZORAIDA OROZCO OSLO VALLEY PROPERTIES INC GEORGE WILLIAMS ILLINOIS STATE DISBURSEMENT UNIT CHAPTERI3TRUSTEE VB FIREFIGHTERS ASSOC I R FEDERAL CREDIT UNION THE GUARDIAN COMPBENEFITS COMPANY COLONIAL LIFE & ACCIDENT INS CO SAN DIEGO COUNTY OFFICE OF THE MISDU MICHIGAN STATE PENNSYLVANIASCDU INDIAN RIVER CO BOCC ALLSTATE ADMIN FOR CHILD SUPPORT ENFORCEMENT NYS CHILD SUPPORT OIDO CHILD SUPPORT RELIANCE STANDARD LTD WORLDWIDE ASSET PURCHASING LLC DIVERSIFIED COLLECTION SERV INC PORT CONSOLIDATED INC SPEEDWELL TARGETS BIRCHWOOD LABORATORIES INC STURGIS LUMBER & PLYWOOD CO JORDAN MOWER INC INDIAN RIVER AUTO PARTS LLC INDIAN RIVERAUTOPARTSLLC COLKITT SHEET METAL & AIC INC COMMUNICATIONS INTERNATIONAL AMOUNT , , , , , , , , , , ,

15 CHECKNBR CKDATE 1/7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ / /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ / /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ /7/ VENDOR TEN-8 FIRE EQUIPMENT INC VERO CHEMICAL DISTRIBUTORS INC COPY CO INC DBA IKON OFFICE SOLUTIONS ALARM PARTNERS KIMLEY HORN & AS SOC INC NORTH SOUTH SUPPLY INC VELDE FORD INC STEW ART MINING INDUSTRIES INC DATA FLOW SYSTEMS INC LIGHT SOURCE BUSINESS SYSTEMS SEWELL HARDWARE CO INC COLD AIR DISTRIBUTORS WAREHOUSE DELTA SUPPLY CO E-Z BREW COFFEE & BOTTLE WATER SVC INDIAN RIVER BATTERY GRAINGER INDUSTRIAL SUPPLY KELLY TRACTOR CO RING POWER CORPORATION VERO MARINE CENTER INC GRA YBAR ELECTRIC ZEE MEDICAL INC ALPHA HARDWARE MY RECEPTIONIST INC ULVERSCROFTLARGEPRINTBOOKS THE GALE GROUP DAVIDSON TITLES INC AMERIGAS EAGLE PROPANE LP MIKES GARAGE & WRECKER SERVICE INC DAILY COURIER SERVICE GAYLORD BROTHERS INC JAY M HOLBROOK APPLE INDUSTRIAL SUPPLY CO HACHCO LABOR FINDERS INC ICIPAINTS ACTION DIESEL PHYSIO CONTROL INC MASTELLER MOLER REED & TAYLOR INC SLP INVESTMENTS INC GALLS INC ROWMAN & LITTLEFIELD PUBLISHING GROUP IN PATTERSON POPE INC MEEKS PLUMBING INC HD SUPPLY WATERWORKS, LTD BOUNDTREE MEDICAL PETES CONCRETE EGPINC VERO INDUSTRIAL SUPPLY INC BRODARTCOMPANY SOUTHEAST POW -R MOLE INC PROFORMA IMAGING FLORIDA VETERINARY LEAGUE ELPEXINC FIRESTONE COMPLETE AUTO CARE BARTH CONSTRUCTION INC BARTH CONSTRUCTION INC ABCO GARAGE DOOR CO INC CARTER ASSOCIATES INC CHILDCARE RESOURCES OF IRC INC AMOUNT , , , , , , , , , , , , ,

16 CHECKNBR CKDATE 117/ / / / / / / / / / / /2010 I 117/ / / / / / / / / / / / / / / / / / /7/ / / / / / / / / / /7/ /7/ / / / / / / / / / / / / / /7/ / / / / VENDOR HILL MANUFACTURING CO INC R & G SOD FARMS GENERAL PART INC BAKER & TAYLOR INC MIDWEST TAPE NORTHERN SAFETY CO INC ARAMARK UNIFORM SERVICES ARAMARK UNIFORM SERVICES LOWES CO INC ODYSSEY MANUFACTURING CO JOHNSON CONTROLS INC PAKMAIL PAKMAIL PALM TRUCK CENTERS INC SVI SYSTEMS INC NORTRAX EQUIPMENT CO HARBOR BRANCH ENVIRONMENTAL LAB INC CLERK OF CIRCUIT COURT CLERK OF CIRCUIT COURT CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH RUBBER STAMP EXPRESS & MORE INC APPLE MACHINE & SUPPLY CO INDIAN RIVER ALL F AB INC AT&T AT&T AT&T AT&T UNITED PARCEL SERVICE INC FERGUSON ENTERPRISES INC INDIAN RIVER COUNTY SHERIFF FLORIDA EAST COAST RAILWAY COMPANY JANITORIAL DEPOT OF AMERICA INC PUBLIXSUPERMARKETS INDIAN RIVER COUNTY UTILITIES TOTAL TRUCK PARTS INC GREYHOUND BUS LINES INC GEOSYNTEC CONSULTANTS INC HERTZ EQUIPMENT RENTAL CORP OFFICE DEPOT BSD CUSTOMER SVC FEDERAL EXPRESS FEDERAL EXPRESS FEDERAL EXPRESS COMO OIL COMPANY OF FLORIDA KILPATRICK TURF EQUIPMENT INC MILNER DOCUMENT PRODUCTS INC SPRINT SPECTRUM LP SPRINT SPECTRUM LP SPRINT SPECTRUM LP PRIDE ENTERPRISES TIMOTHY ROSE CONTRACTING INC CORPORATION OF THE PRESIDING BISHOPRIC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT SHELL CREDIT CARD CENTER TITLEIST BAG BOY COMPANY GIFFORD YOUTH ACTIVITY CENTER STATE ATTORNEY AMOUNT , , , , , , , , , , , , , , , , , , , , , , , , ,

17 CHECKNBR CKDATE 1/7/2010 I 117/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 117/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 117/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/2010 I 1/7/ /7/ /7/2010 I 1/7/2010 I 1/7/ /7/ /7/ /7/ / /7/ /7/ /7/ /7/2010 I 1/7/2010 I 1/7/ /7/2010 I 1/7/2010 I 117/ /7/ /7/ /7/ /7/ /7/ /7/2010 I 1/7/ /7/ /7/ /7/ /7/2010 I 1/7/ /7/ / /7/2010 I VENDOR WASTE MANAGEMENT INC TOCOMA RUBBER STAMP & MARKING SYSTEM BRENDA DAVIS COX GIFFORD SEA WINDS BUILDING OFFICIALS AS SOC OF FLORIDA INDIAN RIVER COUNTY HEALTHY START CHANNING BETE CO INC UNITED HEALTH CARE INS COMPANY INDIAN RIVER FARMS WATER CNTRL DIST WESTSIDE REPROGRAPHICS OF VERO BEACH INC CHILDRENS HOME SOCIETY OF FL INC MASTER METER COM CAST COM CAST COM CAST ADVANCED XEROGRAPHICS IMAGING VORTECH PHARMACEUTICALS LTD PRICEWATERHOUSECOOPERS LLP PINNACLE GROVE LTD C & C ELECTRIC WORKS INC ST ELIZABETH CHURCH OF DELIVERANCE LOC PUMP & EQUIPMENT INC ECONOLITE CONTROL PRODUCTS INC RECHTIEN INTERNATIONAL TRUCKS HABITAT FOR HUMANITY BUREAU OF ECON & BUSINESS RESEARCH AND RITZ SEPARATION INC AUDIO VISUAL lnnov A TIONS RUSSELL PAYNE INC HULETT ENVIRONMENTAL SERVICES WETHERINGTON, WILSON L FLAGLER CONSTRUCTION EQUIPMENT LLC CINTAS CORPORATION NO 2 FLORIDA DEPT OF JUVENILE WSTICE THE GRILL PLACE BENTLEY SYSTEMS ATLANTIC TRUCK CENTER UNITED RENTALS SOUTHERN JANITOR SUPPLY INC P AK MAIL CENTER AM BEST COMPANY MARONDA HOMES ANIXTERINC CAPITAL OFFICE PRODUCTS MCMAHON ASSOCIATES INC DICKERSON FLORIDA INC ETR LLC GLOVER OIL COMPANY INC FLORIDA TRUST FOR HISTORIC PRESERVATIONS BILL BRESSETT SIMON, DONALD J LARRY STEPHENS ISLAND HOUSE TITLE LLC SWEARINGEN & ASSOCIATES INC UNITED MEDICAL INDUSTRIES CORP THOMAS, ALAN & PAULA CURRAN, BELINDA R J W CHEATHAM LLC HEART OF THE EARTH MARKETING PALM BAY FORD AMOUNT 1, , , , , , , , , , , , , , , , , , , , ,

18 CHECKN.BR CKDATE VENDOR AMOUNT /7/ ST FIRE & SECURITY INC 2, /7/ OHLRICH, ANN & DENIS T /7/ WACO ASSOCIATES, INC 2, /7/ SOD SERVICES LLC /7/ SOD SERVICES LLC 15, /7/ AIRVACINC /7/ MUNICIPAL WATER WORKS INC 1, /7/ A WM CONSTRUCTION INC 149, /7/2010 I GLOBALSTAR USA /7/ BRIEN SARTAIN /7/2010 I NODA, ELADIO RUIZ /7/2010 I APPRAISAL MASTERS INC 1, /7/2010 I EZELL, JOSEPH /7/2010 I PRESCOTT, GEORGE /7/2010 I LA ROSA, BARBARA J /7/2010 I TRAUTMAN, MARY ANN & EDWARD /7/2010 I WILLIAMS, ELENA S /7/2010 I COLBERG, PAUL 2, /7/2010 I GIBBONS JR, FRANCIS /7/2010 I CLO HOLDINGS INC /7/2010 I PHEN, CHERYL & JOE /7/2010 I SPEARS, CLIFF & LINDSEY /7/2010 I FRANK, ANDREA & RICHARD /2010 I NGUYEN, QUANG /7/2010 I BENSON, VIRGINIA /7/2010 I H & J CONTRACTING INC 153, /7/2010 I SOVEREIGN MEDICAL LLC 1, /7/2010 I AMERICAN WIRE GROUP /7/2010 I DYER CHEVROLET /7/2010 I L&L DISTRIBUTORS /2010 I CUSTOM PRODUCTS CORPORATION 1, /7/2010 I DAVID L HANCOCK ESQ 1, /7/2010 I PATTYS PRINTING & GRAPHICS INC /7/2010 I TRITELINC /7/2010 I BILL KRASINKIEWICZ /7/2010 I EXPRESS SUPPLY INC 7, /7/2010 I WOODSIDE HOMES OF SE FLA LLC /7/2010 I PLASTICS ENGINEERING & DEVELOPMENT INC /7/2010 I ALVAREZ, CLAUDIA /7/2010 I NO SKIDDING PRODUCTS INC /7/2010 I WILLIFORD, BRANDON /7/2010 I SHELBY HOMES AT MILLSTONE INC /7/ DI VOSTA HOMES L P /7/2010 I TITONE, MARK /7/2010 I MILLER, TISHEKA /7/ SHELBY HOMES AT OSLO INC /7/2010 I WHELAN, NANCY /2010 I BACKSTAGE LIBRARY WORKS INC 1, /7/2010 I INDY MAC BANK /7/2010 I MICHAEL & NJCOLE WHITE /7/2010 I INGENIX /7/2010 I LAKE MARY HOTEL ASSOCIATES LP /7/2010 I BARRYGSEAGALPA 15, /7/2010 I PURCELL, CYNTHIA /7/2010 I WEBB, JADE /7/2010 I BELL, DEBRA /7/2010 I EDWARDS, TRAVIS /2010 I STAPLES, ROSIE /2010 I PARKER, CURTICE L /7/2010 I ROBERTS, JOSHUA LEE

19 CHECKNBR CKDATE VENDOR AMOUNT /7/2010 I FAMACKLLC /7/2010 I YETMAN, BRYAN /7/2010 I MC HOWELL, STANISLAUS /7/2010 I DEVELOPMENT SECRETARY OF HOUSINGS & /7/2010 I DORAN SALLY /7/2010 I SKINNER, ALMA /7/2010 I NICHOLS, KEVIN M /7/2010 I MCGARY, WARREN & SHERRIE /7/2010 I ENDRES, KRISTINA /2010 I CUMMINGS, JENNIFER JOY /7/2010 I HOLMES, KENNY /2010 I CLEAVER, PAUL D /7/2010 I BLAND, JESSICA /7/2010 I CORBETT, JAMES R & EILEEN /7/2010 I PAGAN, ISABEL /7/2010 I BANK OF NEW YORK /7/2010 I FEE, GEORGE /7/2010 I SCOTT, ELISHA /7/2010 I FREIJO, OSCAR /7/2010 I DEUTSCHE BANK NATIONAL TRUST CO /7/2010 I FLINN, JAMES E /7/2010 I NATIONSTAR MORTGAGE /7/2010 I ERAMO SR, JOSEPH J /7/ CHIARENZA, JOSEPH /7/2010 I PASSAGE ISLAND HOMES INC /7/2010 I DALY, MATTHEW J /7/2010 I BARNETT, ESSIE MAE /2010 I KLOCK, JENNIFER /7/2010 I BROWN, THERESA /7/2010 I REARDIN, CHARLENE /7/2010 I LANGFELDER, JENNIFER /7/2010 I RYBAKOVA, BELA /7/2010 I BAYOLO, DR JUAN & MOTA, MIRIAM /7/2010 I WARREN, LATASHA /7/ TORKAMAN, AMIR H /7/2010 I CANTU, IRASEMA /7/2010 I GENEVIVE BRADLEY /7/2010 I JEFFREY STRAUSS DDS /7/ MICHELLE POWERS /7/ CRAWFORD STAN Grand Total: 2,382,

20 WIRES SENT CHECKNBR Grand Total: CKDATE 12/30/ /30/ /31/ /31/ /31/ /31/ /31/2009 1/4/2010 I VENDOR MILE VERO BEACH LLC IRS-PAYROLL TAXES INDIAN RIVER COUNTY SHERIFF INDIAN RIVER COUNTY US BANK US BANK BANK OF NEW YORK FL RETIREMENT SYSTEM AMOUNT 82, ,358, , , , , , ,003,

21 Office of CONSENT: 1/19/1 01 INDIAN RIVER COUNTY ATTORNEY William G. Collins II, County Attorney William K DeBraal, Deputy County Attorney Marian E. Fell, Senior Assistant County Attorney George A. Gleun, Assistant County Attorney MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Board of County Commissioners ~William G. Collins, County Attorney ~ William K. DeBraal, Deputy County Attorney tj{/j January 11, 2010 Lease with Cumberland Farms at Oslo Road and 27 1 h Avenue On November 3, 2009 the Board approved purchase of the Cumberland Farms site for the Oslo Road and 2ih Avenue Improvement Projects. Within the Agreement was a condition that the County would allow Cumberland Farms to remain on the property UJider a written lease. Cumberland Farms will agree to vacate the property within 60 days notice by the County, said notice not to be given before July 1, No rent shall be charged during this time but Cumberland Farms will keep any policies of insurance in effect and name the County as additional insured. Attached you will find a lease agreement that sets forth the above-mentioned conditions. Recommendation: Staff's recommendation is to approve the Lease and authorize the Chairman to execute the Lease on behalf of the Board of County Commissioners. APPROVED FOR. I - I q -I 0 U,,.,Yt ' ul1 B.C.C MEETING,- ~SENT AGENDA COUNTY_ATTORNEY; Admin. (ag) Budget ~ Dept ('-l Risk Mgr. Dale )/ 1/.f/ J!J 1-l:l--10 I.. t 4..-;e;. 15

22 LEASE AGREEMENT BETWEEN CUMBERLAND FARMS, JNC. AND INDIAN RIVER COUNTY, FLORIDA TillS LEASE AGREEMENT (the "Agreement") is entered into by and between Cumberland Fanns, Iilc., a Delaware corporation ("Tenant"), I 00 Crossing Blvd., Framingham, MA 0 I 702, and Iildian River County, a political subdivision of the State of Florida, th Street, Vero Beach, FL 32960, (the "County") as of the date set forth below as the effective date (the "Effective Date"). BACKGROUND FACTS WHEREAS, the Board of County Commissioners intends to acquire through the power of eminent domain the real property located at th Street SW a/k/a Oslo Road, Vero Besch, Florida, (the "Ptenlises" and "Cumberland Farms") the sketch and legal description for which are attached as Exhibit "A" and incorporated by reference herein; and WHEREAS, Tenant owns and operates a service station and convenience store on the Premises ("the Business"); and WHEREAS, as part of the negotiations in the eminent domain lawsuit styled Indian River County v. Cumberland Farms, Case No CA010762, Parcels No. 45A and 45B, the County has agreed to lease the Premises back to Tenant following the transfer of title to the Premises to the County pursuant to an Order of Taking and subsequent good faith deposit into the Registry of the Circuit Comt; and WHEREAS, Tenant is desirous of entering into this Agreement and has represented to the County that they have the competency and experience to perform the services set forth in this Agreement; and WHEREAS, the County will become the owner of th Street SW, Vero Besch, Florida upon making its good faith deposit, and Tenant desires to continue operating its Business until the Premises are needed for the construction of the County's planned roadway improvements and appurtenances; and WHEREAS, it is the County's intent to lease to Tenant for a period commencing on the date on which the County takes title to the premises pursuant to an Order of Taking and subsequent good faith deposit into the Registry of the Circuit Court and terminating sixty (60) days after written notice by the County, which notice shall not be issued prior to July I, 2010; and WHEREAS, Tenant and the County's contact information for notices regarding this Agreement is: FORCOUN'IY: Indian River County c/o Tom Frame, Director General Services ' Street V ero Beach, Florida FOR TENANT: Cumberland Farms, Iilc. c/o Michael Fleming I 00 Crossing Blvd. Framingham MA

23 NOW THEREFORE, in consideration of the mutual benefits to be derived from this agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bolllld agree as follows: SEC'llONl-LEASE Background Facts. The Background Facts are agreed to be true and correct and are incorporated herein by this reference. I. Property and Terlll of Lease. The County leases to Tenant and Tenant leases from County, the property located at th Street SW, Vero Beach, Florida 32962, currently known as Cumberland Farms, consisting of approlcimately 1.1 acres, as more particularly described on Exhibit "A" attached hereto-and incotporated by reference herein. The term of the lease shad commence on the date on which the County takes title to the Premises pursuant to an Order of Taking and subsequent good faith deposit into the Registry of the Cirouit Cowt (the "Effective Date") and shall terminate sixty (60) days after written notice by the County, which notice shall not be issued prior to July l, 2010, No rent shall be charged under this Agreement 2 Leog1b or Lease. The Lease shall be subject to early tennination pursuant to its terms. Extension of the lease shall be at the sole pleasure of the Board of County Commissioners. 3. Use of Leased Premises. During the tcnn of this Agreement, Tenant shall use the leased Premises for operation of a service station and convenience store and for no other purpose. Tenant shall not use the Premises, or any part thereo~ or penni! the same to be used for any illegal, immoral, or improper purposes; nor make, or penni! to be made, any disturbance, noise, or annoyance whatsoever detrimental to the Premises or the comfort and peace of the inhabitants of the vicinity of the Premises. Violation of this term of the lease shall be grounds for immediate cessation of the operation of the Business and eviction from the Premises following notice and an opportunity to cure. 4. Utilities and Equipment. Tenant shall pay all utilities including garbage removal. Tenant shall be responsible for all maintenance and repair of any equipment or fixtures in or on the Premises. 5. Assignment and Subletting. Tenant shall not assign the lease or the leasehold estate granted to them under the lease to any other person, finn or entity. Any attempted assignment of the lease or the leasehold estate granted under the lease shall be void and may, at the sole option of the County, be deemed an event of default under the lease. 6. Probibldon on Encumbrances. Tenant shall not mortgage, pledge, or encumber the lease, in whole or in part, or the leasehold estate granted under the lease, to any other person, finn or entity. Any attempt to do so shall be void and may, at the sole option of the County, be deemed an event of default under the lease. This covenant shall be binding on Tenant's successors in interest. 7. Employees Hired by Tenant AU Tenant's employees shall be considered to be at all times its sole employees and not employees or agents of Indian River County. 8, Complaints Conceroing Operatioos. The County or its representative may submit a written report to Tenant enumerating problem areas encountered. Tenant will provide written documentation of action to be taken to resolve problems. 2 17

24 9. Termination. This Agxeement may be tenninated by. Tenant upon thirty (30) days advance written notice. The COWtty rese!ves the right to terminate this Agreement at any time, upon five (5) days advance written notice to the Tenant if any term of this lease is breached and remains in breach following notice and an opportunity to cure or if Tenant is notified of problems with operation of the Premilles and Tenant has not cured the deficiencies. 10. Bankruptcy. If Tenant is adjudged bankrupt, either voluntary or involuntary, the County may terminate this Agreement effective on the day and time the bankruptcy petition is filed. SECI10N ll-operation OF BUSINESS 1. Conduct of Business. Tenant sball conduct its Business in strict accordance with the laws of the State of Florida and all local ordinances. Violati()J) of this part of the Agreement shall be cause for immediate termination of this Agreement and immediate cessation of the operation of the Business. A. Tenant will be required to pay all taxes and timely rennit any reports or paperwork associated with the Business. 2.. Hours of Operation. Tenant shall abide by all laws and ordinances regarding the hours of operations for the Business. 3. Improvements. Tenant agrees that s1l improvements and any changes made to the Premises shs1l be at their sole expense and must have the prior approval of the County or its representative, Further, the forgoing approval shall not be deemed to be the approval of the County Building Department or any other regulatory arm of the County. 4. Occupational and Other Taxes. Tenant shsll pay all taxes which shall be imposed or assessed by any and all governmental authorities in connection with the Business or operation conducted under this Agreement. 5. Compliance with Laws. Tenant shall meet all federal, state, county and municipal laws, ordinances, policies, and rules applicable to the operation of the Business. 6. Public Relations. Tenant shall maintain good public relations with usen; of the facility and cooperate with Indian River County officials in s1l matters pertaining to the area. 7. Garbage and DisposaL Tenant shall comply with the standards of franchise garbage and disposal collection specifications. 8. Personal Property. Any and all personal property placed on the Premises by the Tenant or its employees shall be at their own risk and the County shall not be liable for any damage or loss to said personal property for any cause whatsoever. 3 18

25 SEC110N ill -INSURANCE!. Indemolfteation and Insurance. Upon the Effective Date, Tenant shall not operate the Business until they have obtained all the insurance required under this section, and until such insurance has been approved by the County. Tenant will purchase and maintain such insurance as follows: A. Workers' Comt'ensation Insurance: Tenant shall procure and maintain workers' compensation msurance to the. extent required by.law for all employees to be engaged in work under thi~ Agreement. In case any employees are to be engaged in hazardous work under this Agreement and are not protected under the workers' compensation statute, the Tenant shall provide adequate coverage for the protec!ion of such employees. B. Public Liability Insurance: Tenant shall procure and shall maintain broad fonn commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance m amounts not less than shown below. The Countr shall be an additiodal named insured on this policy with respect to all claims arismg out of the operations or work to be performed. C COmmercial General Liability $500,000 combined single limit for bodily (other than automobile) injury and property darriage, or current limits of liability, whichever is greater D. i) Preinises/Operations it) Products/Completed Operations iii) Personall'njury iv) Contractual Liability Business Auto Liability Owned/Leased Automobiles ii)non-owned Automobiles iii) Hired Automobiles $500,000 combined single limit for bodily i11jury and property damage, or current i) i) limits of liability, whichever is greater ii) E. Storage Tank Liability Insurance coverage in the amount of $1,000,000, or current limits of liability, whichever is greater, aball be maintained on the leased premises throughout the term of this lease. The CoWlty shall be named as an additional insured on this policy. 2. Proof of Insurance: Tenant shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by Tenant must state that the COunty will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement naming County as Additional Insured must accompany the Certificate of Insurance. 3. General Requirements of Insurance. Tenant's insurance coverage shall be primary. All above insurance policies shall be placed with insurers with a Best's rating of no less that A-VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be per occurrence policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River Comtty Risk Management Department upon execution of this AgreemenL The insurance companies selected shall send written verification to the Indian River County Risk Management 4 19

26 20 Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel ortemrinate said policies of insurance. 4. IndemJiificatlon. The Tenant shall indemnify, defend, save, and hold hannless the County, its agents, officers, and employees, from any losses, fines, penalties, costs, damages, claims, demands, suits, and liabilities of any nature, including attorney's fees, (including regulatory and appellate fees), arising out of or because of any acts, action, neglect, or omission by the Terumt, or due to any accident, happening, or occurrence on the Prcnriscs or arising in any manner from the exercise or attempted exercise of the Tenant's rights hereunder whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to the sole negligence of the County. The Tenants obligation to indemnify, defend and pay for the defense or at the County's option, to participate, and to associate with the County in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the County's notice of claim for indemnification to the Teoant. The Tenant's inability to evaluate liability or its evaluation of liability shall not excuse the Tenant's duty to defend and indemnify within seven days after such notice by the County is given by registered mail. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the County solely negligent shall excuse perfonnance of this provision by the Tenant. The Tenant shall pay all costs and fees related to this obligation and its enforcement by the County. The County's failure. to notify the Tenant of a claim shall not release the Tenant of the above duty to defend. 5. Notice of Claims. The County and Tenant shall give prompt notice to the other of any third party claims made against either or both of them, and shall cooperate fully with each other and with arty insurance carrier to the end that all such claims will be properly investigated, defended and adjusted. 6. Failure to Maintain Insurance. Failure to maintain such insurance will be deemed as a cause for termination of this Agreement. SECI'ION IV- COUNTY RESPONSmiLITIES 1. Obligations to Provide Facilities. County leases the Premises in "as is" condition. Tenant shall be responsible for all repairs and maintenance to the leased Premises and properties. Tenant has inspected the Premises and facilities and agrees that they are adequate facilities and the facilities adhere to current federal and state safety standards. SECTION V- DEFAULT, REMEDIES 1. Default by Tenant In the event Tenant is in default under the terms of this Agreement, after three (3) days writteo notice and opportunity to cure, County may, in addition to any right of termination provided in this Agreement, maintain an action for damages arising from the default. 2 Default by County. In the event that County is in default under the terms of this Agreement after any grace period or notice and cure period expressly provided herein, Tenant may, in addition to any right of termination contained in this Agreemen~ exercise any right or remedy available at law or equity including, withcut limitation, an action for damages arising out of the breach. 5

27 SECTION VI-MISCELLANEOUS 1. In CO!Ulcction with this Agteement, the parties agree to cooperlite in good faith and to perf'om1 no act, or allow any omission, which would inhibit the other party from performing its obligations under this Agreement. 2 This Agreement, together with the Exhibits, constitutes the entire Agreement between the parties with respect to the subject matter hereof and merges all prior and contemponmeous communications. This Agreement shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed on behalf of County and Tenant by their respective duly authorized representatives. 3. Any notice which either party is required or may desire to give to the other under this Agr~ellt shall be in writing and shall be given by registered or certified mail, retmn receipt requested, postage prepaid, addressed to the party at its address shown on the First Page of this Agreement. If County or Tenant wishes to chan~ its respective address for purposes of notice under this Agreement, they may do so by giving to the other written notice of change of address. 4. Nothing in this Agreement shall be construed to create a partnership, a joint venture or agency relationship between the parties. Neither party shall have any authority to enter into agreements on behalf of the other, or otherwise to bind or obligate the other in any manner. The language of this Agreement shaji not be construed more strongly against either party, regardless of which party is responsible for its drafting. 5. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereoj; and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 6. The parties agree that any litigation arising from this Agreement shall be brought in Indian River County, Florida. 7. In the event of acts or occurrences beyond the control of Tenant, including, without limitation, acts of God, fire, flood, and hurricanes, that damages the Premises to the extent that it prevents Tenant from safely operating the Business, then this Lease shall be deemed terminated and the County h,as the tight to take possession of the premises and exclude Tenant from the Premises. 8. Tenant shall be responsible for obtaining, and shall pay for, any such required permits, fees, and licenses. 9. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of Tenant to the County is that of a commercial leasing tenant, and not that of employee. 6 21

28 10. If any of the provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or Wlenforceable provision had never been contained hetein. In witness, the County and Tenant have caused these presents to be executed in their names the year first written above. AS TO TENANT:..., -- _,(! A/ /0~p- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By:,~--- f\1\ork I. ~... s.ij J>;.., 0 -{ 12-t~, Chainnan F~><" cumberland Fanns.lnc. ' c.~~ ~"''"'. /2,.1'$"/0<j Board of County Commissioners WITNeSS:~~-~:>s, f \~v~..o~t.k.:tc:>h Approved by the BCC: ATieST: J.K. Barton, Clerk of Court WITNESS: RJ.l..,a b 2'skm O«o,..._,By:-----=:--.,...,:::--:-=-,..-- ~~we::;. f11/j:jl7allfjency William K. De>Braal Assistant County Attomey tl _vt 7 22

29 PARCEL <SA hllr(ij Gllf'> L. - - Ll!lll<- L I I I ) ~ I! I ~ I I I I I I I I I I I n I ~ 0 I ~ I ~ I i! I ; >; I, I ; I s. I., 23

30 t, 1 ';:.0., ' LEGAl, DESCRIPT!ON BY SUR\'I;I'OR lw[hc. ICAAINC.IH!IIIlH OD'tl'tt tut, A~ M V.S.TEAI.' JIIOH'r Of WAY U'i 01' ~ "2HK.f.\fYNf. A. lllst.u<:e Of Ul.06 FEET TO A POIHT1 lliai<x, Lti.WfO: fkt [I.St'Dti.Y NCKT OF WAV UHC 01' SAID»m A'v NUC, ICAAWO SOJIH 11':&6'1:0 tut, A OI$T.ule( ~ ll.tl! n:et TO A POIMf; IHtHc:t. ~G". SCIUlli oo i:u'"21" Sf, A QSfAHC Of 1U4 fetj lo A POINT: 'IMtliC(, KAIIIM!i 10Unt" -'4'41'21" fat, A OIS.fl.ttCt_ «4t.l1 F'E T TO "" PQNf ful WaRTH f:l 'IKt IOUHIRLV fllcht t'l WJ.'t lk OF' $AIO QIUN'N ROAO edi (Oii.O MAD) {tui SUIEET SW); thencc, IEMINO HOitTH ll~'ls wes-t, ~.an: fmt HORTI-DI.'I' N<lltl' Of WAY l.llf " or 'UIO COUNTY fiimo 101 (0$.0 ftoao} (ltb snteo SW), A OISTNict Of' 110.~1 I'm TO TMt PDilT or itohwfo, M A8C'tt: Qt$CIIIOtl) f'ftditlt.s CON1'M4 Nl ~Of" :li,,ut SQUNtt nt'r (Ill: M07 lol;lftc:c, WORt OR \ K. tua.ut To-...U.-USOGttl. CONDI11CH'I ~ 11' 1~ A$ CCIHfNNm \III"Mit M OUoiN or mu:. 24

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32 26 lllil~li 11 (" 11'1 n.1ij~ t(.4>1i.ilt {JtiU.Sl J IIG~.JJ., cl \litoit. r.lrn~!.egal DEscRIPTION 8Y SURvt'rOR All. 1\oCA.T c:trtatl tg'l p.w:a, 01 l'ra.ct 01' LNcO SI'JUA~'I'WO NO ISIHC IN A POII'KOII 0 'JitAC'r l:i,. ~ :J,._...U SOlml. I XI last, ols lht lfawe IS D&SM;MATm ot 'JWt LAS:J CINEIW.: pt.af t1 UMDS fll' M.vi 111\U F-.IIN$ eca..nr1, FUD J11 lic Of'PICE' Of' ftc c:t.doc. 111 'IH:l CCIIJI{T_ Olf sr ~~.,.k,.1/x.za,. UD UHDS rlllll ~-..a AltO llqto 1M KlCAN ll'io.coutm'.. UJCil cc..tmty, A.:OIIIDJo.. W 80CIC Sit;.. ~=~"'-== ::C.'1...~A~ = Cl 1"1;10 ttdua IINEJt. ceutt'i'. SM) \.limbs tbto UOIIC ~y DICSCUID lis FUl.DWI. to vtf: COir.IUEKOMO FOR APP!Dic Af lhc SCU'nftlar COII:Jtljl Of' SoW SfCliOH :1~ t.uc:r., 11tA1t1ND MCI'IH 00'11'u~ Wf, ALONQ K Wl:if UH CF sajo st:t:tjo!t 2l, A Dm'AHCt CF HO.~ fut 'JO A POINT: 1HDfc:C. \.tollweg.laid CST UHt. R~ Ull.ttlt MV1~" EAST, A. tutmicc r:l' 44.~ rut TO' TH PIIMT NC JOLACt ~ ~ 01 'ME.ODH DOCMIED I'HtOC.: ntchct. COHM' tcrjttt III'WID" (A$T, A. NT.._"1% r:1.at:j.fl' 1Ul n:& A f'qiht ttl ntf \1Q1 UN " Of' IMOfCIII:D: I'U>tE. ~ ~ II K."Y~.l SOOK 21, P «1m: PI*JCi R coitos CW" loud MilAN ~ ~. ~ nt Net. 8tMM SCIUJW Cio'20'W v.cst', ALCHC SoC!Jo(IT u, 1t DtSTANGt ~ fut lo A f'qh'i' n,(m) lot HOifflf 01 lnt t10ft'd01.v 1!100 Of' WAY UH Of ;AID ~Tl' tro.t.o R& ccao JIIOt\Df <"" ;fhul Jliri'),j ntthct. L A'IN: SAI1 YG'I ~ ~tj;mjo HOA.tH atistl'r.:s n. Al.OKG A UHt n.oo rw *"tnt ~ lrho PAIIAUD. MfN 1) MOifbeL'r IIKHT Of WlltY LMC ~ PIJ: CI.INTY ROALI I~ (~ aoaii) (tlh l'lftul' SW),. DISTAHC( t;l,:h,4 ftit TO A,.Oirftl»!iNC, K.UIIIfiJ NOII'nf -H'47'U' 'IIUJ. II- DISrNICt 01 4~~ FaT Yl) A ~: ltitncc, BE1N'Q I(Oft'IH Olnt'%11 1::1\ST, A DISTANt! 01 IU4 rti'f TO A I"QHT; ~~ KGIITH lc"i7'lo' liiec'r, i. Oln.wc:t OF :U:.:tl rut TO 1Ht ~CttfT Of K loii:iu: Oft t.u1. -..ct' TO AU. tuench-t!h C'CI'OfiONS A.No ~ AS CONTAIHD) 'IIIITHIN lht CliUt tji 'IJU. AB!M: DCSCIIIIIiED ~S amrj.jr AN AREA (6" to,ijd JCIIJAII a!:t M 0,45 -~ 'J c.. 2. "' 20F2

33 CERTIFICATE OF VOTE I, Diane M. Boissonneault, hereby certify that I am duly elected Assistant Secretary of Cumberland Farms, Iuc., a Delaware corporation, having a usual place of business in Framingham, Middlesex County, Massachusetts, and hereby certify that the following is a true copy of a record of vote passed at a meeting of the Board of Directors of said corporation which was held the 14th day of August, 2009, at which time a majority of Directors were present: VOTED; To authorize the purchase, sale, mortgaging or leasing of real property or to guarantee obligations in connection therewith, and to delegate to Joseph H. Petrowsld, Chief Executive Officer and President of CF[, Ari N. Haseotes, Exec. V. P. CFI, and President of the Store Division, Joseph W. Keane, Chief Financial Officer and Treasurer, Mark G. Howard, Chief Legal and Administrative Officer & Secretary; Diane M. Boissonneault, Assistant Secretary; Ronald E. Grabarek, Vice President of Real Estate or Mark L. Russell, Director of Real Estate Administration; each acting singly, all of the powers of the Board of Directors which relate to the approval of transactions by the Company involving the purchase, sale, mortgaging or leasing of real property, or the guarantees in connection!herewith, provided that the total aggregate an:iount involved in any single purchase, sale, mortgage or lease transaction does not exceed $2,000,000; and that Joseph H. Petrowsld, Ari N. Haseotes, Joseph W. Keane, Mark G. Howard, Diane M. Boissonneault, Ronald E. Grabarek or Mark L. Russell acting singly, is authorized for and on behalf of the Company to execute any and all docwnents and to take any other actions necessary to carry out the intent, tenns and.purposes of any transaction authorized by this vote. I further certify that this vote has nol been rescinded and is still in force and effect. A True Copy Attest Dated at Framingham, Massachusetts this 24th day of September, Q;~v< Cr5lane M. Boissonneault Assistant Secretary 27

34 rrfiis is to certify tliat CJ?.p6ert (}), 'Wi{{iams is liere 6y presentecf tliis ~tirement }Iwarcf for outstanding performance ana faitliful service to I ncfian (j_qver County CJ3oarcf of County Commissioners Por q'wenty-p.ilj!it years of service On tliis 5tli cfay of January 2010 ~b.~!peter 0 '!/Jryan!/Joara of County Commissinner, Cliairman

35 PROCLAMATION HONORING ROBERT D. WILLIAMS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WHEREAS, Robert D. Williams retired from Indian River County effective January 5, 2010; and WHEREAS, Robert D. Williams has been employed with Indian River County since February 4, 1981, starting as a firefighter. On July 8, 1984, Robert was promoted to Driver/Engineer, which is the position he held until his retirement; and WHEREAS, Robert D. Williams has served this County and the Public with distinction and sefjlessness. During his 28 years of service saving lives and property, he was dedicated and his wprk was greatly appreciated by the employer and co-workers alike. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Robert D. Williams' tifforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service Robert has given to Indian River County for the past 28 years. BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 1ffh day of January BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

36 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services Consent Agenda ~D Date: To: Thru: From: January 13, 2010 The Honorable Board of County Commissioners Joseph A. Baird, County Administrator Thomas W. Frame, General Services Director ~ujq.u..~ Subject: Authorization for the Supervisor of Elections to Use Former Stormwater Offices Located at the 43rd Avenue Administration Annex rd Avenue Unit 102 BACKGROUND: Currently located adjacent and south of the Supervisor of Elections Office is an office that had been previously utilized by the Public Works Department to house the Stormwater Division and Coastal Engineering Division. Initially, the area which contains approximately 3,200 square feet was built and set aside for records storage and management. However with the need to provide better offices for both Coastal Engineering and Stormwater the space was committed to meet those needs. With the downturn of the economy and the downsizing of various offices in Public Works, space became available within the current location of Public Works in Building A of the Administration Complex. With space available and by locating these divisions into Building A, it also provides a closer point of oversight by the Public Works Director. The area is now unoccupied, and the Supervisor of Elections has requested that it be added to her existing offices. The purpose of requesting and using this area will be to provide a training area for Elections employees and workers. Ms. Clem has offered to share the room as a meeting room when not in use by her office. RECOMMENDATION: Staff recommends that the Board approve the assignment of the office area located in Unit I 02, 'd Avenue to the Supervisor of Elections as a training room with the understanding that when not in use and with the approval of the Supervisor of Elections, the space can be reserved by Board staff for meetings. Approved Agenda Item Indian River County Apll)\oXed Date Administration ~., ~ IIPJI;o County Attorney / ;,?-r!( fl Budget (APi Department.-r-6tC dt.,y, v ( 30

37 INDIAN RIVER COUNTY, FLORIDA.,BOARD MEMORANDUM TO: Joseph Baird County Administrator THROUGH: Christopher R Mora, P.E. ~ Public Works Director FROM: SUBJECT: DATE: James D. Gray, Jr. rji'dd Coastal Engineer ~ CONSENT AGENDA Wabasso Beach Restoration - Sectors 3 FDEP Grant Agreement No. 071R2- Amendment No. 1 January 7, DESCRIPTION AND CONDITIONS On December 31, 2007, Indian River County and The Florida Department of Environmental Protection (FDEP) entered into Grant Agreement No. 071R2 to commit State funds for the design and permitting phases of the Sector 3 (Wabasso Beach) Restoration Project. The attached Amendment No.1; (a) extends the expiration date on the grant to April 31, 2011; (b) amends Table 1 to create additional eligible Project subtasks by transferring $69,140 from subtask Emergency Dune Restoration (completed) into subtask Design and Permitting - ECL ($24,646 State cost share 50%) and subtask 3.2 Construction Bidding Services ($46,914 State cost share 47.42%): and (c) changes the local sponsor project manager to James Gray. RECOMMENDATIONS AND FUNDING Staff recommends approval and execution of Amendment No. 1 to FDEP Agreement No. 071R2, (3 originals). Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the project is available and budgeted in the Beach Restoration Fund, Sector 3 Beach Restoration Account No ATTACHMENTS 1. Amendment No. 1 to FDEP Grant Agreement 071R2 (3 originals) 2. Indian River County Grant Form No. 071R2- A-1 APPROVED AGENDA ITEM Indian River County Agproved Date Administration ~ 1Q- I I 'I /0 Budget "' I 15 to Legal [,~ I '/.3-1'0 Risk Manaaement Public Works {~ l-13-\0 Division Jb lltbo F \P:nhlic: Work~:~\ TstmP.!:I0\07TR?. FnF.P C'..n~nt\Ao<mda Tt<".m.<:~\mP.mn sto-p.n.ia FnRP A~Jn'U'>.rnP.ntNn 07JR?. limp.nilmp.rtt 1 ifnc: 31

38 GRANT NAME: FDEP Wabasso Beach Nourislnnent Project Agreement 07IR2 GRANT#07IR2-A-l AMOUNT OF GRANT: $1,137, ~~ DEPARTMENTRECElVINGGRANT:...::.Pn.=b:.:h:.: c--'w"-o:.:r;::k:::.s/..::c.:::oa:.:s.::tal::.e=n=<gm<= =e:.:erm:.: ""g., CONTACTPERSON:_~Jam~e~s~D~.Gr~a~L~I~r. TELEPHONE: ext l. How long is the grant for?_--"a""p=ril=-=-3"'1,-=2"-0"'11= Starting Date: December 31, Does the grant require yon to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In-Kind services? 4. Percentage of match to grant -----~5,;0' LllYo 5. Grant match amonnt required --"$"-57J.J0!,!0"-'2'-'7..!8"'9 Yes 6. Where are the matching funds coming from (i.e. In-Kind Services; Reserve for Contingency)? Beach Preservation Fnnd Acconnt No X X Yes Yes X No No c No 7. Does the grant cover capital costs or start-np costs? If no, how much do you think will be needed iu capital costs or start-up costs: (Attach a detaillistiug of costs) $ X Yes ----~No 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (lf additional space is needed, please attach a schedule.) Acct. Description Position Position Regular Salaries Other Salaries & Wages (PT) Social Security Retirement- Contributions lnsmance - Life & Health Worker's Compensation S/Sec. Medicare Matching TOTAL Yes X No Position Position Position 9. What is the total cost of each position iuclnding benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the connty over five years? Grant Amonnt Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ Fifth Year $ $ 32

39 AGENDA COPY AMENDMENT No: DE-P.AGRE-EMBNI'Ne;-0; FLORJDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORJDA AMENDMENTTOGRANTAGREEMENTFOR WABASSO BEACH RESTORATION TillS AGREEMENT entered into on the 31" day of December, 2007, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida and the INDIAN RIVER COUNTY, whose address is ili Street, Vero Beach, Florida a local government, (hereinafter referred to as the "LOCAL SPONSOR"), is hereby amended as follows: WHEREAS, the LOCAL SPONSOR has requested and the DEPARTMENT has agreed to extend this Agreement; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: Paragraph 2 is hereby deleted in its entirety and replaced with the following: This Agreement shall begin on the last date executed and end on April31, 20ll. Pursuant to Section (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its subcontractor beginning on or after December l, 2007, may be eligible for cost sharing by the DEPARTMENT. If work identified in the approved Project Work Plan is completed prior to the date shown in the first sentence of this paragraph, the modification will be reduced to writing in an amendment to this Project Agreement. Paragraph 6 is hereby deleted in its entirety and replaced with the following: The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consists of the restoration and maintenance of approximately 6.1 miles of Atlantic shoreline between FDEP Reference Monuments R20 and R55. In addition, the project includes emergency dune restoration for Wabasso Beach Park, Baytree, Marbrisa and Sea Grape trail. The DEPARTMENT during the construction phase will only cost share on work done within the critically eroded section of the project, R20 to R51.3. The life of the PROJECT is defined as ten (10) years commencing upon execution of this Agreement and re-initiated upon execution of subsequent amendments to this Agreement for additional funding. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07IR2, Amendment No. l, Page I of 5 33

40 Paragraph 7 Table I is hereby revised as follows and the following language is hereby added to ---th.,-agr~ement~ TABLE 1 Task# Eligible Project Tasks Estimated Project Costs Federal DEP Local Total 2.0 Design and Permitting 2.1 Design and Permitting $342, $342, $685, Design and Permitting - ECL 2009 (50%) $12, $12, $24, Design and Permitting Subtotal $0 $354, $354, $709, Construction Emergency Dune Restoration $190, $190, $380, Construction Bidding Services 2009 (47.42%) $22, $24, $46, Construction Subtotal $0 $212, $215, $427, TOTAL PROJECT COSTS $0 $567, $570, $1,137, Prior written approval from the DEPARTMENT's Grant Program Administrator shall be required for changes between approved Project Tasks costs. Informal changes by the DEPARTMENT's Grant Program Administrator may not exceed 10% of the total budget amount and may not change the Total Project Costs. The DEPARTMENT's Grant Program Administrator will transmit a copy of the written approval and revised budget to the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes to Project Task costs greater than 10% will require a formal amendment to the Agreement. Any change to the Total Project Costs require formal amendment. Paragraph 8 is hereby deleted in its entirety and replaced with the following: The DEPARTMENT has determined that 100 percent of the PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $567, for this PROJECT or up to 50 percent of the non-federal PROJECT cost for task 2.1, 2.2, and 3.1, and up to percent of the non-federal PROJECT cost for task 3.2 due to lack of Legislative funding, if applicable, for the specific eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and agreed that for portions of the PROJECT which are located within lands owned and managed by the DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the DEPARTMENT. Paragraph 14 is hereby revised to replace the fourth sentence as follows: The cumulative amount retained for each eligible Task Scope of Work shall be disbursed to the LOCAL SPONSOR upon notification to the DEPARTMENT with an executed notice of completion (Attachment D) and after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement, all applicable DEPARTMENT permits and the applicable scope of work for said item. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 071R2, Amendment No. 1, Page 2 of 5 34

41 Paragraph 19 is hereby deleted in its entirety and replaced with the following: The LOCAL SPONSOR's Project Manager for all matters is James Gray, Phone: 772/ The DEPARTMENT's Project Manager for all technical matters is Guy Weeks, Phone: 850/ and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/ or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. Paragraph 22 ishereby deleted in its entirety and replaced with the following: Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR James Gray Indian River Connty ;, Street Vero Beach, FL DEPARTMENT Dena VanLandingham, Grants Program Administrator Department of Environmental Protection Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida (850) Dena.vanlandingham@dep.state.fl.ns Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. Paragraph 25 is hereby revised to add the following as subparagraph C: C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment F, attached hereto and made a part hereof, within four (4) months following the end of the Grantee's fiscal year. Attachment F should be submitted to the DEPARTMENT's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida The Grants Development and Review Manager is available to answer any questions at (850) Paragraph 35 is hereby deleted in its entirety and replaced with the following: The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter 287, F. S. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed scope of work. REMAINDER OF PAGE lntentionall Y LEFT BLANK DEP Agreement No. 07IR2, Amendment No. 1, Page 3 of 5 35

42 Paragraph 38 is hereby deleted in its entirety and replaced witb the following: The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines witbin tbe current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in tbe Grantee's cost or time, shall require formal amendment to this Agreement. Minor modifications which will be handled witb a change order include notification of a change in Contract/Project Manager, modification of deliverable due dates when such change does not involve a contract extension, and modifying tbe scope of services when such modification would not involve a decrease/increase in price or an extension of the contract performance period. All references to Attachment(s) A and C, respectively, are hereby deleted and replaced witb references to Attachment(s) A-1 and C-1. Attachment(s) A and Care hereby deleted in tbeir entirety. Attachment( s) A -1 and C-1 as attached hereto are hereby added to the Agreement. Attachment F as attached hereto is hereby added to tbe Agreement. In all otber respects, tbe Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07IR2, Amendment No. 1, Page 4 of 5 36

43 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. INDIAN RIVER COUNTY Commission Chair FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By:ki:JJkY Secretary or llesignee Date: FEID No._~5"-'9'-C-6~0!.!!0~06~7~4 Date: ----'--1 +/.u;(o'-+/-1-'l Q.L _ ~~f~~~;ction Grant Program Administrator APPROVED as to form and legality: Attorney Department of Envi Attorney *If someone other than the Commission Chair] signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A-1 Project Work Plan (2 pages) Attachment C-1 Request For Payment, Parts I - III (3 pages) Attachment F Certification of Applicability to Single Audit Act Reporting (1 Page) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 071R2, Amendment No. 1, Page 5 of 5 37

44 ATTACHMENT A-1 PROJECT WORK PLAN WABASSO BEACH RESTORATION The PROJECT consists of the restoration and maintenance of approximately 6.1 miles of Atlantic shoreline between FDEP Reference Monuments R20 and R55. In addition, the project includes emergency dune restoration for Wabasso Beach Park, Baytree, Marbrisa and Sea Grape trail. The DEPARTMENT during the construction phase will only cost share on work done within the critically eroded section of the project, R20 to R51.3. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at Three (3) originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 2.0 D.esign and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida. 2.1 Design and Permitting Coastal Technology Corporation, Inc. has been retained by Indian River County to conduct design and permitting activities associated with the Wabasso Beach Restoration Project. Tasks included as part of the design and permitting efforts include the following: Plan Formulation, Design, Permit Application, FDEP Permit Processing, USACE Permit Processing and NEPA Compliance and Project Administration and Coordination, engineering and geological analyses, controlled aerial photography, biological mapping and characterization, turtle abundance and QA/QC coordination of investigations. Total cost for the described tasks is $1,429, The described activity costs are shared and conducted in concert with contract 07IRI. 2.2 Design and Permitting - ECL 2009 Coastal Technology Corporation, Inc. and Morgan & Eklund have been retained by Indian River County to conduct design and permitting activities associated with the Wabasso Beach Restoration Project (Sector 3). Tasks included as part of the design and permitting efforts include establishment of the Erosion Control Line. Initially this will involve surveying and plotting the mean high water line, preparing the legal description and coordination with the Department of Environmental Protection for review and approval ofmhw survey. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07IR2, Amendment No. I, Attachment A-I Page l of2 38

45 3.0 Construction Emergency Dune Restoration Work performed and costs incurred associated with the design, permitting and placement of fill material within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services and beach fill. Construction shall be conducted in accordance with any and all permits issued by the Department. Total cost for the described services is $450, The scope of work was approved on November 30, Construction Bidding Services 2009 Coastal Technology Corporation, Inc. has been retained by Indian River County to conduct bidding services that involves the ranking and contract award process, technical specifications, bidding phase and review of bid documents. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07IR2, Amendment No.1, Attachment A-1, Page 2 of2 39

46 ATTACHMENT C-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUESTFORPAYMENT-PARTI Name of Project: WABASSO BEACH RESTORATION PAYMENT SUMMARY Grantee: INDlAN RNER COUNTY Billing Number: DEP Contract Number: 07IR2 Billing Period: ----r=,.-::---:--==----,==cc:::----:-:=:-:-- Billing Type: D Interim Billing D Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total $._,-,---,-,---,-,--- *if applicable Cost Summary: $ $. $ State Funds Obligated $. Local Funds Obligated $. Less Advance Pay $. Less Advance Pay $ Less Previous Payment $. Less Previous Credits $. Less Previous Retained $. Less This Payment $. Less This Credit $. Less This Retainage (lo%) $. Local Funds Remaining $ State Funds Remaining $. Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 07IR2, Amendment No. 1, Attachment C-1, Page 1 of3 40

47 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUESTFORPAYMENT-PARTll REIMBURSEMENT DETAIL Name of Project: Grantee: Item# Date OF INVOICE Invoice# Amount Paid Vendor(1) { ij:, i <. t.~ <. '.. Item# Billing# Billing Period: DEP CONTRACT NUMBER Eligible Total Amount Project SOW/BID # (3) Vendor Name-- Check or Debit# Eiligible for State Item (2) Share (4).,'., ";,)?;... : <:. ' ,Tofiil~fg~i~lliif~j{{~/i)i'i)'jci~~~ < Notes and invoice adjustment explanations per Item # (6). ' Invoice Adjustments (To be completed by OEP: Reasons for changes noted below) Changes per BSCS Changes per BBCS Approved Project Manager (5,S) Accountant (5,6) Eligible Cost < : " >h\i' : i'i ' !L :'":''~ Certification: 1 certify that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name/Signature of Project Administrator Date Name/Signature of Project Financial Officer Date rorm Instructions: (1) Grantee: enter exact amount of check or debit. :2) Grantee: enter the subtask ID# from the Eligible Project Item table of the DEP Grant. :3) Scopes of work and bids that have been approved for DEP cost share may be assigned a tracking identifier number. Grantee: Insert this tracking number when applicable. :4) Grantee: Insert only the amount of vender payment that is assumed to be eligible for DEP cost share. :s) Grantee: DEP Project Managers and accountants will make necessary corrections or adjustments within the terms of the contract and in accordance with state rule. '6) DEP staff: Enter the total amount of line item increase or decrease: if the adlustment is a decrease. preceed the amount with the" " (minus> sign. ~ DEP Agreement No. 07IR2, Amendment No. I, Attachment C-1, Page 2 of3...

48 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUESTFORPAYMENT-PARTIII PROJECT PROGRESS REPORT Name of Project: WABASSO BEACH RESTORATION Grantee: INDIAN RIVER COUNTY DEP Contract Number: 07IR2 Report Period:~~~~--~~~~ ~~~~ ~~~~ Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task No: Eligible Project Item: 2.0 DESIGN AND PERMITTING 2.1 DESIGN AND PERMINTING 2.2 DESIGN AND PERMINTING- ECL CONSTRUCTION EMERGENCY DUNE RESTORATION 3.2 CONSTRUCTION BIDDING SERVICES 2009 DEP Agreement No. 07IR2, Amendment No. 1, Attachment C-1, Page 3 of3 42

49 ATTACHMENTF CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Grantee's Name: Grantee's Fiscal Year Period: FROM:. TO: Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: $_ Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: $ Please identify grants to be included in the Single Audit that are provided by the Department of Environmental Protection CSFA# CFDA# DEP GRANT AGREEMENT NUMBER CERTIFICATION STATEMENT: I hereby certify that the above information is correct: Name Date Title DEP Agreement No. 07IR2, Amendment No.1, Attachment F, Page 1 of 1 43

50 /, I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works Director Qv- (;{('~ AND Christopher J. Kafer, Jr., P.E., County Engine?:, Michael O'Brien, P.S.M., C.F.M., County Surveyor /11"~ Work Order No. 14 (Engineering/Surveying) Masteller, Moler, Reed and taylor, Inc. Dale Wimbrow and Donald MacDonald Parks Boundary- Topographic- Aerial Photogrammetric Survey IRC Project No Continuing Professional Surveying & Mapping/GIS Services Contract 0725 DATE: January 4, CONSENT AGENDA DESCRIPTION AND CONDITIONS On November 6, 2009, the Board of County Commissioners approved the one-year ( ) extension of the original agreement with Masteller, Moler, Reed and Taylor, Inc. for various professional Surveying and Mapping/GIS services in Indian River County under the Contract Number This project is part of the Public Works Department/Engineering Division and Survey Section longrange goals - completing updated and detailed surveys of the county-owned lands, parks and facilities. Dale Wimbrow and Donald MacDonald Parks encompass approximately 7 4 acres and are bordered by the Saint Sebastian River and Roseland Road. The two parks are heavily wooded with various recreational facilities and buildings, marina, boat ramps, camping, recreation buildings, trails, etc. The purpose of this project is to provide a detailed survey for short and long range planning, design and an informational map for on-site staff and the public. Currently, there are no Boundary and Topographic Surveys for either Dale Wimbrow Park or Donald MacDonald Park in County files. Staff has requested updated survey information. The survey will include accurate boundary determination, high-resolution aerial photography, planimetrics (Contours), elevations and feature locations throughout and surrounding the property. Attached, please find the Masteller, Moler, Reed and Taylor, Inc. Work Order No. 14 with the Engineering Division/Surveying Sectiojl, providing the requested professional surveying and map~ing se~ices: Masteller, Moler, fw~d and Taylor, Inc. submitted a Proposal and Scope of Serv1ces outlined 1n the attached Wor1f0rder No. 14 for a lump sum fee of $36, f:\public works\engineering division projects\0957- donald mcdonald-dale wimbrow park\survey\work order 14\0725 bee agenda req_wo14_ mmr&t wimbrow_macdonald_parks 1-12-lO.doc 44

51 BCC Agenda Item from Michael O'Brien, County Surveyor MMR & T, Inc. Work Order No. 14 Dale Wimbrow and Donald Macdonald Parks Page 2 of 2 RECOMMENDATION Staff recommends approval of the attached Work Order No. 14, 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 Work Order No. 14 on their behalf. FUNDING Funding for this project in the lump sum amountpr,~.3~,56.o:bo>isbudgeted and available through the Tree Ordinance Fines Fund/Parks DevelOpment Account No Other Professional ServiCel;,.. ATTACHMENTS 1. Location Map 2. Masteller, Moler, Reed and Taylor, Inc. Work Order No. 14 for Professional Surveying Services through the Annual Surveying and Mapping Services Contract #0725 DISTRIBUTION 1. Dave Taylor, P.S.M., Masteller, Moler, Reed and Taylor, Inc. 2. David Silon, P.S.M., C.F.M., Assistant County Surveyor 3. David Fleetwood, Parks Superintendent APPROVED AGENDA ITEM FO';, January ~ 1 ~mr 1/, db oc) Indian River County A!JQVed Administration Budaet Date Lea a I 11 fpll) r-rlo Risk Manaaement Public Works J-6-10 Engineering / f:\publie works\engineering division projects\0957- donald mcdonald-dale wimbrow park\survey\work order 14\0725 bee agenda req_wo14_ mmr&t wimbrow_maedonald_parks 1-12-lO.doe 45

52 Dale Wimbrow & Donald MacDonald Parks Location Map 46

53 IRC Work Order #14 Dale Wimbrow and Donald Macdonald Parks Page 1 of 3 Board of County Commissioners Administration - Bnilding A (South) th Street Vero Beach, Florida Telephone: (772) FAX: Project: Dale Wimbrow and Donald MacDonald Parks - Indian River County Boundary, Topographic Aerial Photog ram metric Survey Indian River County Project 0957 WORK ORDER NO. 14 (Engineering/Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH Masteller, Moler, Reed & Taylor, Inc. In accordance with Contract No This Work Order No. 14 is in accordance with the existing AGREEMENT dated November 6'h, 2009 between Masteller, Moler, Reed & Taylor, Inc. (SURVEYOR) and Indian River County (COUNTY). This Work Order No. 14 amends the agreement as follows: SECTION I- PROJECT LIMITS This Work Order No. 14 is for the SURVEYOR to perform surveying services of a Boundary and Topographic Survey of County owned park lands lying along the north side of Roseland Road and lying in Sections 22, 23, 28 and 29 of the Fleming Grant. The area of the property is approximately 74 acres. The subject lands to be surveyed are generally referred to as Dale Wimbrow and Donald MacDonald Parks with Tax Identification # whose limits are described in Official Record Book 75, Page 139, Indian River County. SECTION II - SCOPE OF SERVICES As agreed upon between Masteller, Moler, Reed & Taylor, Inc. and Indian River County, the SURVEYOR shall provide Professional Land Surveying services to complete all. tasks as outlined in this Work Order No. 14 described as follows: 1. Scope of Services - Reference Attached EXHIBIT A. Proposal and Man-Hours f:\public works\engineering division projects\0957- donald mcdonald-dale wimbrow park\survey\work order 14\0725 _i rc _ wo 14 _ wimbrow _macdonald _parks _1-12 -lo.doc 47

54 IRC Work Order#14 Dale Wimbrow and Donald Macdonald Parks Page 2 of 3 SECTION Ill- TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. Time of FINAL project completion shall be within 90 calendar days of receipt of the COUNTY review comments. 2. Deliverables: a. As defined in attached Scope of Services - Reference Attached EXHIBIT A. Proposal and Man-Hours. b. Work Product and digital versions are to prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third-party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of COUNTY and will be available for use by the public at large. c. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections II, Ill and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV- COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, and Ill of this Work Order No. 14 for a total lump sum fee of$ 36, All and/or any additional services not described hereon shall be pre-approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of November 6'h, 2009 through November 5th, All invoicing shall include project identification, Work Order No. (WO 14), Contract Number 0725, itemize man-hours and materials expended to complete the scope of services. Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, contract No: 0725 with the COUNTY and as stated in Section II, Ill and IV hereon. Remainder of page left blank intentionally f:\public works\engineering division projects\0957- donald mcdonald-dale wimbrow park\survey\work order 14\0725 _ire_ wo 14_ wimbrow _macdonald_parks_l O.doc 48

55 IRC Work Order#14 Dale Wimbrow and Donald Macdonald Parks Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this of day OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Masteller, Moler, Reed & Taylor, Inc. (Signature) Peter D. O'Bryan (Chairman) Approved by BCC. )24u ; v /'1, /;4 vir-: ~ s;lr(lf (Printed name and title) Masteller, Moler, Reed & Taylor, Inc. l ATTEST: Jeffrey K. Barton, Clerk of Circuit Court Witnessed by: Deputy Clerk (Signature) Masteller, Moler, Reed & Taylor, Inc. (Printed name) f:\public works \engineering division projects\0957- donald mcdonald-dale wimbrow park\survey\work order 14\0725_irc_ wo 14_ wimbrow macdonald_parks_l-12-1 O.doc 49

56 EXHIBIT A Masteller, Moler, Reed & Taylor, Inc th Street, Suite 2 Vera Beach, FL Phone: Fax: mmrpsm@bellsouth.net AGREEMENT FOR PROFESSIONAL SERVICES PROJECT: CLIENT NAME: SITE ADDRESS: Dale Wimbrow Park Indian River County- Michael O'Brien Roseland Road Sebastian, FL PHONE: PHONE: MAILING ADDRESS: Work- (772) Fax- (772) th Street Vera Beach, FL Dale Wimbrow and Donald MacDonald Park- Indian River County Project #0957 Boundary and Topographic Survey IRC Contract# Masteller. Moler. Reed & Taylor Work Order #14 MM RT, Inc. is pleased to provide you with this proposal for surveying services for the performance of a Boundary and Topographic Survey of approximately 74 Acre County owned park lands lying along the north side of Roseland Road and lying in Sections 22, 23, 28 and 29 of the Fleming Grant which includes the following: Park Property Description & Project limits: The subject lands to be surveyed are generally referred to as Dale Wimbrow and Donald MacDonald Parks with Tax Identification # and is described in Official Record Book 75, Page 139, Indian River County Public Records. Scope of Services: Task 1: Aerial Photography & Planimetrics: 1. Establish horizontal and vertical control as necessary. Horizontal control shall be based upon the Florida State Plane Coordinate System, East Zone, 1983/1990 Final adjustment and vertical datum shall be based upon the National Geodetic Vertical Datum of 1929 (NGVD '29). Conversion to the North American Vertical Datum of 1988 (NAVD '88) shall be provided on the survey drawing. 2. Obtain and coordinate with sub-consultant for performance of aerial photography. Establish locations for aerial targets. Set targets and obtain horizontal and vertical location as necessary. MMRT is solely responsible for work by sub-consultant, including invoicing, payments etc. 3. The sub-consultant shall acquire new color aerial photography and produce planimetric and topographic mapping with a one foot (1 ') contour interval for the site and produce an orthorectified image with a 0.5' ground pixel at a scale of 1"='. 4. Limits of planimetrics shall include project limits as defined above and shall extend a minimum of 1 00' beyond the property lines as well as entire Saint Sebastian River and Roseland Road right of way. 5. Field tie from witness line to existing top of bank, edge of mangroves and edge of water to confirm data provided by sub-consultant. 6. Integrate data provided by sub-consultant with boundary, traverse witness line information as necessary. Task 2: Boundary and Topographic Survey: Boundary Survey: 7. Perform a boundary survey per the description provided the County and Atlantic Title Company search. Title search shall be provided by the County within 30 days of Notice to Proceed. All easements and encumbrances identified by Title search shall be depicted on the survey drawing. PTP /Contracts/3071.doc 50

57 8. Legal description shall be provided per record and survey. The description and boundary shall include all calls to Sebastian River "safe upland line" as per directions provided on recorded legal description. 9. Recover existing monumentation on and adjacent to the site for the establishment of section lines, right of way and property lines as applicable. Recover and or re-establish/record Certified Record Corner report for section corners called for in description or within property limits as required by Florida Statutes. 10. Boundary corners for subject property shall be monumented with 4" by 4" concrete monuments with IRC survey disc stamped as agreed. Boundary survey shall depict complete ties to Roseland Road right of way geometry extending a minimum of 1 00' in each direction of property lines. 11. Traverse along the Sebastian River (northerly boundary) as necessary to create "Witness" line and complete a closed traverse as required by Florida Minimum Technical Standards. Witness line shall be monumented at key intervals with 4" by 4" concrete monuments with IRC survey disc stamped as agreed. 12. Provide two sets of inter-visible pairs of control points at each site for future survey needs. Provide State Plane coordinates all survey control and boundary corners with an accuracy of +I- 0.05'. 13. Determine approximate Riparian right lines as applicable. Prepare Boundary survey and provide overall survey sectional control map as separate sheet. Topographic Survey: 14. Topographic features and items within site, 10' along property lines. Locations shall be obtained along the entire Roseland Road (R/W to R/W) extending a minimum 100' feet in both directions of property lines. 15. All buildings, restrooms, pavilions, camp sites, docks, boat ramps, parking areas, utilities (above ground), utilities include water and sewer services (hook-ups) and/or facilities. Designate special needs, handicap or group events sites. 16. All Roads, paved or un-paved, trails, paths located and identified. 17. Provide location of any river or navigational channel markers, either conventional or via Planimetrics. 18. All signs and identification markers i.e. traffic signs and direction of travel, trails, Informational, camping, recreation etc. Signs are to be clearly identified by unique and separate symbol with descriptions upon the survey and legend. 19. Parking striping, markers including handicap designations. Time of Completion and Deliverables: 20. Time of 90% review submittal shall be 90 calendar days from notice to proceed. Time of Final completion shall be within 30 calendar days from receipt of County review comments. 21. Deliverables are to include two sets of drawings, one with aerial photography and one without. The line work with aerial photography shall be in a logistic color format to clearly identify individual lines and purposes. A line legend (color) shall apply. 22. Cover Sheet with standard project identifications, job/contract numbers, certifications, location map (aerial view) etc. Sheet shall include survey notes, all survey reference materials used, abbreviations, symbol/line legend etc. 23. Key/sheet map index sheet. 24. Overall Survey Control, Sectional Control map sheet(s). Including Certified Corner Reports existing and/or to be established as per this survey. 25. Boundary and Topographic Survey sheet(s). 26. Detail or other sheets as applicable to clearly depict survey needs. 27. Provide five copies with aerial photography and five copies without and a CD containing all data provided by sub-consultant, the CAD file, DWF and PDF of the survey drawing. Based upon the man hour estimate attached as Exhibit "A" we propose to perform the above described scope of services for a lump sum fee of $11, for Task 1 and $25, for Task 2. terms of this Agreement. 01/04/2010 Date Page 2 of 2 51

58 EXHIBIT "A" -MAN-HOURESTIMATE Dale Wimbrow and Donald MacDonald Parks - IRC Project #0957 Boundary and Topographic Survey Task Description 1 2 3,4 5,6 Establish horizontal and vertical control as necessary. Horizontal control shall be based upon the Florida State Plane Coordinate System, East Zone, 1983/1990 Final adjustment and vertical datum shall be based upon the National Geodetic Vertical Datum of 1929 (NGVD '29). Conversion to the North American Vertical Datum of 1988 (NAVD '88) shall be provided on the survey drawing. Project Manager- P.S.M. Field Operations Supervisor 3-man Field Crew Clerical Obtain and coordinate with sub-consultant for performance of aerial photography. Establish locations for aerial targets. Set targets and obtain horizontal and vertical location as necessary. Project Manager- P.S.M. Field Operations Supervisor 2-Man Field Crew Clerical The sub-consultant shall acquire new color aerial photography and produce planimetric and topographic mapping with a one foot (1') contour interval for the site and produce an orthorectified image with a 0.5' ground pixel at a scale of 1 "=50'. Project Manager- P.S.M. Consultant Fee Clerical Field tie from witness line to existing top of bank, edge of mangroves and edge of water to confirm data provided by sub-consultant. Verify line work provided by consultant, including buildings, roads, trails, etc. Integrate data provided by sub-consultant with boundary, traverse witness line infonmation as necessary. Project Manager- P.S.M. Field Operations Supervisor 2-Man Field Crew Senior Survey Technician Deliverables are to include two sets of drawings, one with aerial photography and one without. The line work with aerial photography 20 to 27 shall be in a logistic color fonmat to clearly indentify individual lines and ** purposes. A line legend (color) shall apply. Provide five copies with aerial photography and a CD containing all data provided by subconsultant, the CAD file, DWF and PDF of the survey drawing. Project Manager- P.S.M. Hours Rate 2 $ $ $ $45.00 Task Sub-total 4 $ $ $ $45.00 Task Sub-total 2 $ $4, $45.00 Task Sub-total 2 $ $ $ $85.00 Task Sub-total 2 $ Total $ $ $2, $45.00 $3, $ $95.00 $ $90.00 $1, $ $4, $90.00 $4, $ $ $1, $ $2, $

59 EXHIBIT "A"- MAN-HOUR ESTIMATE Dale Wimbrow and Donald MacDonald Parks - IRC Project #0957 Boundary and Topographic Survey Task Description 7,8 Senior Survey Technician Clerical Printing, including color sheets- square feet Perform a boundary survey per the description provided the County and Atlantic Title Company search. All easements and encumbrances identified by Title search shall be depicted on the survey drawing. Legal description shall be prov.ided per record and survey. The description and boundary shall include all calls to Sebastian River "safe upland line" as per directions provided on recorded legal description. Project Manager- P.S.M. Field Operations Supervisor Senior Survey Technician 2-Man Field Crew Hours 8 Rate Total $ $ $45.00 $ $0.30 Task Sub-total Task 1 Total* 4 $ $ $ $ $45.00 $1, $11, $ $ $ $2, Recover existing monumentation on and adjacent to the site for the establishment of section lines, right of way and property lines as applicable. Recover and or re-establish/record Certified Record Corner report for section corners called for in description or within property limits 8, 9, 10 as required by Florida Statutes. Boundary corners for subject property shall be monumented with 4" by 4" concrete monuments with IRC survey disc stamped as agreed. Boundary survey shall depict complete ties to Roseland Road right of way geometry extending a minimum of 100' in each direction of property lines. Project Manager- P.S.M. Field Operations Supervisor 2-Man Field Crew Monuments Traverse along the Sebastian River (northerly boundary) as necessary to create "Witness" line and complete a closed traverse as required by 11 Florida Minimum Technical Standards. Witness line shall be monumented at key intervals with 4" by 4" concrete monuments with IRC survey disc stamped as agreed. Project Manager- P.S.M. Field Operations Supervisor 2-Man Field Crew Monuments Provide two sets of inter-visible pairs of control points at each site for 12 future survey needs. Provide State Plane coordinates all survey control and boundary corners with an accuracy of+/- 0.05'. Task Sub-total 1 $ $ $ $11.00 Task Sub-total 2 $ $ $ $11.00 Task Sub-total $4, $ $ $2, $55.00 $3, $ $ $7, $66.00 $7,

60 EXHIBIT "A" -MAN-HOUR ESTIMATE Dale Wimbrow and Donald MacDonald Parks - IRC Project #0957 Boundary and Topographic Survey Task Description Project Manager- P.S.M. Field Operations Supervisor 2-Man Field Crew Determine approximate Riparian right lines as applicable. Prepare 13 Boundary survey and provide overall survey sectional control map as separate sheet. 14 Project Manager- P.S.M. Senior Survey Technician Topographic features and items within site, 10' along property lines. Locations shall be obtained along the entire Roseland Road (RJW to RJW) extending a minimum 1 00' feet in both directions of property lines. Project Manager- P.S.M. Field Operations Supervisor 2-Man Field Crew All buildings, restrooms, pavilions, camp sites, docks, boat ramps, parking areas, utilities (above ground), utilities include water and sewer 15, 16 services (hook-ups) and/or facilities. Designate special needs, handicap or group events sites. All Roads, paved or un-paved, trails, paths located and identified. Project Manager- P.S.M. Field Operations Supervisor 2-Man Field Crew Provide location of any river or navigational channel markers, either conventional or via Planimetrics. All signs and identification markers I.E traffic signs and direction of travel, trails, Informational, camping, ' ' recreation etc. Signs are to be clearly identified by unique and separate symbol with descriptions upon the survey and legend. Parking striping, markers including handicap designations Project Manager- P.S.M. Field Operations Supervisor 2-Man Field Crew Hours 1 Rate $ $ $ Task Sub-total 2 $ $85.00 Task Sub-total 1 $ $ $ Task Sub-total 1 $ $ $ Task Sub-total 1 $ $ $ Task Sub-total Total $ $95.00 $ $1, $ $ $ $ $95.00 $ $1 ' $ $ $1, $1, $ $95.00 $ $1 '

61 EXHIBIT "A" -MAN-HOUR ESTIMATE Dale Wimbrow and Donald MacDonald Parks - IRC Project #0957 Boundary and Topographic Survey Task Description Hours Rate Deliverables are to include two sets of drawings, one with aerial photography and one without. The line work with aerial photography shall be in a logistic color format to clearly indentify individual lines and purposes. A line legend (color) shall apply. Cover Sheet with standard project identifications, job/contract numbers, certifications, location map (aerial view) etc. Sheet shall include survey notes, all survey reference materials used, abbreviations, symbol/line legend etc. Key/sheet map 20 t 0 27 index sheet. Overall Survey Control, Sectional Control map sheet(s). Including Certified Corner Reports existing and/or to be established as per this survey. Boundary & Topographic Survey sheet(s). Detail or other sheets as applicable to clearly depict survey needs. Provide five copies with aerial photography and five copies without and a CD containing all data provided by sub-consultant, the CAD file, DWF and PDF of the survey drawing. Project Manager- P.S.M. Senior Survey Technician Clerical Printing, including color sheets - square feet 2 $ $ $ $0.30 Task Sub-total Total $ $2, $ $15.00 $2, *Note: Task 1 and Task 2 totals each include half of item 1 ** Deliverable items as applicable to Task I Task 2 Total* Total Cost $25, $36,

62 (!!\PICKETT 'iiiiiiii!flj~ SURVEYING & PHOTOGRAMMETRY December 8, 2009 David Taylor Masteller, Moler, Reed & Taylor, Inc th Street, Suite 2 Vero Beach, FL RE: Dale Wimbrow and Donald MacDonald Parks Pickett# Dear Mr. Taylor: This is in response to your request for a proposal from Pickett & Associates, Inc. (Pickett) to provide professional and mapping services in connection with the above referenced project. For purposes of this agreement, Masteller, Moler, Reed & Taylor, Inc. will be referred to as the CLIENT. The subject property contains approximately 75 acres and is identified on Exhibit A and attached hereto and made part of this agreement. As requested, listed below are the fees associated with this project: Photogrammetric Mapping Acquire new color aerial photography and produce planimetric and topographic mapping with a 1' contour interval for the site. Produce an orthorectified image with a 0.5' ground pixel. Deliverables will be in ACAD and tif/tfw digital formats. For these services we propose a lump sum fee of Four Thousand Dollars ($4,000.00). Mapping work shall meet or exceed the Florida Minimum Technical Standards requirements as set forth in Rule 61G17. Planimetric features visible and identifiable on the photography will be shown per map scale standards. Contours in partially obscured areas will be dashed and accuracy standards will not apply in these areas. Areas totally obscured will be left blank and designated as such. It is our understanding that the CLIENT will supply the necessary ground control. It is recognized that this site is heavily vegetated and will require extensive ground verification and supplementation. Pickett & Associates, Inc. 475 South First Avenue Bartow, FL (863)

63 PICKETI &ASSOCIATES, INC. As a condition of this Agreement, CLIENT agrees to accept Pickett's "Terms and Conditions of Agreement" attached hereto as Attachment "B" and made part of this agreement. If the preceding items are satisfactory to you, please indicate the authorized tasks and sign the following as your agreement to its content. Receipt of a signed copy of this agreement will serve as our notice to proceed. Sincerely, PICKETT &ASSOCIATES, INC. -r _J't.S>ll-\o,G T. Jeffrey Young, PSM, CP Vice President, Director of Photogrammetry Enclosures: Attachment "B" Exhibit "A" Accepted by: Date: Page 2 of 5 57

64 PICKETT &ASSOCIATES, INC. ATTACHMENT "B" PICKETT & ASSOCIATES. INC. TERMS AND CONDITIONS OF AGREEMENT This engagement of Pickett & Associates, Inc., (Pickett), by CliENT is under the following terms and conditions and is an integral part of the accepted Proposal between CliENT and Pickett. 1. The fee estimate for the proposed scope of services is valid for 60 days from the date of proposal. 2. Payment to Pickett is the sole responsibility of signatory of this Agreement and is not subject to third party agreements. 3. All schedules set forth in the attached scope of services commence upon receipt of a signed Agreement and, if requested, a retainer. All retainer amounts will be applied to the last invoice. 4. Requests for additional services must be authorized in writing before additional work can begin. Any fee adjustment required will be established at that time. 5. Invoices will be rendered biweekly and become due upon receipt. Any invoice outstanding for more than 30 days after date of invoice will be subject to a financing charge of 1-1/2 percent per month. Invoices will be rendered on a Pickett standard form. Special formats requested by the CliENT may require additional compensation. 6. Pickett shall be entitled to collect its costs and reasonable attorney's fees incurred in the collection of any amounts due it hereunder including all costs and reasonable attorney's fees incurred in any litigation resulting from the collection or enforcement of any of the terms of this contract. 7. Invoice payments must be kept current for work to continue. If the CliENT fails to pay any invoice due to Pickett within 45 days of the date of invoice, Pickett may, without waiving any other claim or right against CliENT, suspend services under this Agreement until Pickett has been paid in full all amounts due Pickett and/or any of its consultants and subcontractors. All payments due Pickett under this contract are to be made at Pickett's business located at 475 South First Avenue, Bartow, Polk County, Florida. Except as Pickett elects otherwise, venue for any proceedings brought under the terms of this contract will be in Polk County, Florida. 8. Pickett agrees to carry the following insurance during the term of this Agreement: workmen's compensation, general liability, professional liability and comprehensive automobile liability. Certificates of insurance will be furnished upon request. If the CliENT requires insurance coverage or limits in excess of Pickett normal policies, and it is available, CliENT agrees to reimburse Pickett for such additional expense ~ Page 3 of 58

65 PICKETT &ASSOCIATES, INC. 9. The CLIENT shall, at all times, indemnify and save harmless Pickett and its officers, agents, and employees on account of any claims, damages, losses, litigation, expenses, counsel fees, and compensation arising out of any claims, damages personal injuries, property losses and/or economic damages sustained by or alleged to have been sustained by any person or entity, and caused in whole or in part by the acts, omissions or negligence of the CliENT, its agents, employees, or subcontractors in connection with the project. 10. For any damage on account of any error, omission or other professional negligence, Pickett liability will be limited to a sum not to exceed $50,000 or the fee received under this Agreement less third-party costs, whichever is greater. 11. Pickett shall not be responsible for failure to perform or for delays in the performance of work, which arises out of causes beyond the control and without the fault or negligence of Pickett. 12. All documents including drawings, digital files and specifications prepared by Pickett pursuant to this Agreement are instruments of service in respect to the project. They are not intended or represented to be suitable for reuse by the CliENT on extensions of the project or on any other project. Any reuse without written verification or adaptation by Pickett for the specific purpose intended will be at the CLIENTs sole risk and without liability or legal exposure to Pickett; and the CLIENT, or whoever shall reuse said documents, shall indemnify and hold harmless Pickett from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting there from. Any such verification or adaptation will entitle Pickett to additional compensation at rates to be agreed upon by Pickett and the person or entity seeking to reuse said documents. 13. In entering into this Agreement, CliENT has relied only upon the warranties or representation (a) set forth in this Agreement; or (b) implied in law. No oral warranties, representations or statements shall be considered a part of this Agreement or a basis upon which the CLIENT relied in entering into this Agreement. No statements, representations, warranties, or understandings, unless contained herein, exist between CliENT and Pickett. 14. In the event that any survey staking is destroyed by acts of nature or parties other than Pickett, the cost of re-staking shall be considered as additional services and will be provided upon authorization by the CLIENT. 15. In the event all or any portion of the work prepared or partially prepared by Pickett is suspended, abandoned, or terminated, the CliENT shall pay Pickett all fees, charges, and services provided for the project, not to exceed any contract limit specified herein. 16. Pickett's services under this agreement do not include participation in any litigation. Pickett agrees to serve as an expert witness provided that a separate contract is negotiated and agreed upon. ----~ Page 4- of 5 59

66 PICKETT &ASSOCIATES, INC. Exhibit A e Page 3 of{~ 60

67 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works Director ~ Amendment and Extension of Hurricane Debris Removal Contracts For Omni Pinnacle, LLC and Ceres Environmental Services, Inc. DATE: January 7, 2010 CONSENT AGENDA DESCRIPTION AND CONDITIONS In August, 2005, the County entered into agreements with Omni Pinnacle, LLC and Ceres Environmental Services, Inc. for hurricane debris removal. In 2007, the Board of County Commissioners approved extensions of both agreements to cover calendar years 2007 and The agreements were likewise extended in The contracts are now expired (as of December 31, 2009) and it is time once again to renew the contracts to provide debris removal coverage for the County for the upcoming 2010 hurricane season. If authorized by the Board, this will be the final 12-month extension allowed under the original agreements. The contracts will provide coverage for the County through December 31, In 2011, the County will need to either extend the agreements with Omni Pinnacle and Ceres once again, or request new bids for debris removal. The agreements allow for a consumer price increase (CPI) adjustment to the contract prices. In previous years, both Omni Pinnacle and Ceres have exercised this provision and raised their unit prices accordingly. In 2009 however, the CPI fell1.8%. At staffs request, both Omni Pinnacle and Ceres agreed to drop their unit prices by 1.8% to stay in line with the CPl. The 1.8% reduction is reflected in the attached contract documents. FUNDING Staff will seek reimbursement from FEMA and the Federal Highway Administration. RECOMMENDATIONS Staff recommends that the Board of County Commissioners approve the extension of both debris removal agreements and authorize the County Administrator to execute the extension upon review and approval of the County Attorney and review and approval by all applicable staff. ATTACHMENTS Updated Bid Form with reduced unit prices (per CPI adjustment) from Omni Pinnacle, LLC and Ceres Environmental Services, Inc. Draft Third Extension to Agreement for Disaster Debris Removal for Omni Pinnacle, LLC and Ceres Environmental Services, Inc. DISTRIBUTION Omni Pinnacle, LLC Ceres Environmental Services, Inc. APPROVED AGENDA ITEM Indian River County Administration Legal Budget Public Works Dept. blic Works\Hurricane 2010\0mni & Ceres renewal of contract BCC Agenda doc 61

68 THIRD EXTENSION TO AGREEMENT FOR PROVIDING DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Extension to that certain Agreement to provide disaster debris removal and disposal services is entered into effective as of January 1, 2010 by and between Indian River County, a political subdivision of the State of Florida ("County") and OMNI PINNACLE, LLC, a Louisiana corporation authorized to do business in the State of Florida ("Contractor''). BACKGROUND RECITALS A. Effective August 23, 2005, the County and the Contractor entered into a Disaster Debris Removal and Disposal Agreement, as amended by the Amendment and Extension effective as of July 1, 2007 (as so amended, herein referenced as the "Contracf'), extended a second time effective as of January 1, 2009, and is extended a third time effective as of January 1, B. Article 8 of the Contract contains the term and renewal provisions and Article 5 of the Contract contains the price increase provisions. C. Pursuant to the Contract, the parties desire to renew the Contract by this Extension. D. This Contract shall be binding on the parties for the initial term that commenced August 23, 2005 and ends June 30, The initial renewal term shall commence effective as of July 1, 2007 and shall end on December 31, 2008; the second renewal term shall commence January 1, 2009 and end December 31, 2009; and the final renewal term shall commence January 1, 2010 and end December 31,2010. All renewal terms are subject to sooner termination in accordance with the terms of this Contract. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Third Extension. 2. From the date of this Third Extension, the parties agree that the prices set forth in the Contract will be a decrease from the rate in the 2009 Contract, due to the yearly CPI being a negative, as set forth on Exhibit A attached hereto and made a part hereof. 3. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the day and year first set forth above. OMNI PINNACLE, LLC By~~~~~~~ (Authorized Signature) Printed name and title: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By:_,..-,---=-...,._,-=---.,...-,,...,-..,-.,.-, Joseph A. Baird, County Administrator, Pursuant to authority delegated on January 19, 2010 BCC agenda item (Corporate Seal} Approved as to form and legal sufficiency: Date 62

69 .../-PIt> f?y lt!-l/1 Cf INDIAN RiJIER CoUNTY../ PURCIIASINGDIVISJON m STREET, SUITEN-118 VEROBEA.CH FL (772) EXT 1416 FAX (772) INVITATION TO BID FORM SPECIFICATIONS FOR: HURRICANE DEBRIS REMOVAL AND DISPOSAL CONTRACT BID NUMBER: 7076 BID OPENING DATE: JULY 13, 2005 AT 2:00 PM BID OPENING LOCATION: PURCHASING DIVISION m STREET, SUITE N-118 VERO BEACH FL THE UNDERSIGNS HEREBY CERTIFY THAT THEY HAVE READ AND UNDERSTAND THE CONTENTS OF THIS SOLICITATION AND AGREE TO FURNISH ALL LABOR, MATERIALS AND EQU1PMENT AT THE PRICES SHOWN BELOW SUBJECT TO ALL INSTRUCTIONS, CONDmONS, SPECIFICATIONS, AND ATTACHMENTS HERETO. FAILURE TO HAVE READ ALL THE PROVISIONS OF THIS SOLICITATION SHALL NOT BE CAUSE TO ALTER ANY RESULTING CONTRACT OR REQUEST ADDmONAL COMPENSATION. EACH UNIT PRICE SHALL INCLUDE AN AMOUNT CONSIDERED BY CONTRACTOR TO BE ADEQUATE TO COVER CONTRACfOR'S OVERHEAD AND PROFIT FOR EACH SEPARATELY IDl!.NTIFIED ITEM. BIDDERS ARE REQUESTED TO BID ON ALL ITEMS. Unit Price for Vegetative Debris Collection and Transportation to debris staging area provided by Connty: 8 79 Eight dollars and seventy-nine cents per cubic yard $ ICY. (Unit Price Words) Upit Price for Vegetative Debris Collection and Transportation to debris staging area provided ~Y (:ontractor:. N'ine dollars and twenty-sl.x cents per cubic yard $ ICY (Unit Price Words) Invitation to Bid Form Page 14(a) Addendum No. 1 -Page 3 of 10 63

70 ,.,-., ~ Unit Price for Mixed Debri$< 11 Collection and Transportation to County Landfill Seventy-seven dollafs and fifty-eight c~on $ fr.n (Unit Price Words) Unit Price for Constrnction & Demolition Debris (C& D(2) Collection and Transportation to County Landfill: Sixty-seven dollars and twenty-four cen~rton $ rrn (Unit Price Words) Unit Price for Mixed Debris< 1 > Collection and Transportation to Contractor's S~g Area for transport to Okeechobee Landfill 'Nine dollars and thirty-one cents percubicyard $ 9.31 ICY ' 4 (Unit Price Words) Unit Price for Construction & Demolition Debris (C& D(2) Collection and Transportation t~ Contractor's Staging Area for transport to Okeechobee Landfill: Nine dollars and thirty-one cents percubicyard $ 9.31 ICY Unit Price for Transportation of Mixed Debris< 11 from Contractor's Staging Area to Okeechobee Landfill (cost associated with landfill disposal fees will be a pass-through cost. with the Contractor invoicing the County at actual cost, without" any additional fees): Thirty-six dollars and twenty-one cents perton $ ([N (Unit Price Words) Unit Price for Transportation of Con!jtruction & Demolition Debris (C&D(2 1 ) from Contractor's Staging Area to Okeechobee Landfill (cost associated with landfill disposal fees will be a pass-through cost, with the Contractor invoicing the County at a~tn~ cost,, without any additional fees): Thirty-_six dollars and twenty-one cents perton $ fr.n (Unit Price Words) (1) lv.lixed Debris is primarily vegetation with building deb1is such as roofing, siding, insulation, dry wall, signage and other light construction debris. (2) C&D includes but is not limited to building deb lis such as roofing, siding, insulation, dry wall, signage, plywood, lwnber fencing, and other miscellaneous construction deblis. Invitation to Bid Form Page 14(b) AddendwnNo.l-Page4 of j

71 Unit Price for Vegetative Waste Consolidation (grinding & chipping) at County or Contractor's site: Twc;_ dollars and eighty-five cents per cubic yard $ ICY (Unit Price Words) Unit Price for Hauling Mulch from County or Contractor's site to a State Approved Dis,.Posal ~ire, provided bv Contractor: :S::.;e::..v:..:e::.;n::.;t::.Yc..-...:e...:i:.:g:...h_t_c_e_n_t_s_:--~-----.J:Per cubic yard $_ _7_8----"/CY (Unit Price Words) Unit Price for Providing Air Curtain and Burning Vegetative Debris at County or Contractors. site:. Two dollars and seventy-_four cents per cubic yard $ ICY (UnitPriceWords) c..., ,.~ Unit Price for Cutting Down, Removing and Disposing Hanging Limbs in Right-of Way: N_in_e_d_o~l_l_a_r_s_a_n_d_f_o_r_t_y_-_t_w_o_c_e_n_t_s_-.tper cubic _y_ard"": $ ICY (Unit Price Words) Unit Price for Excavation, Removal, and Disnosal of Stumps in Right-of-Way: Twelve 'dollars and forty-one cenes percubicyard $ ICY (Unit Price Words) Hazardous Waste Removal, Trans~rt, and Disposal: Ninety-two do liars and six 'cents per 55 gal barrel $ /barrel (Unit Price W?rds) Bio-hazardous Waste Removal, Transport, and Disposal: Ei.ghty-five cents perpound $.85 /LB (Unit Price Words) Dead Animal Collection, Transport, and Disposal: Ei~hty-five' cents perpound $.85 ILB (Unit Price Words) Invitation to Bid Form Page 14(c) - Addendum No.1- Page 5 of 10

72 H ureau ot Labor Statistics Data Page 1 of 1 Search: All BLS.gov.. for;...j.-125 YEARS ;;: BuREAU OF LABOR STATISTICS Newsroom 1 Tutorials I Release Calendar :@'! Home Subject Areas Databases & Tables Publications Economic Releases A- Z Zndex I About BLS Databases FONT S~ZE:!'::::) ±J Change Output Options: from; 1999 To: 2009 Olnclude graphs Data extracted on: October 2.6, 2009 (10:49:00 AM) More Formiltting Options~ Consumer Price Index- All Urban Consumers Ser:ies l:d; CUUR0300SAO,CUUS0300SAO Not Seasonally Adjusted Area South urban Item: All items Base E'e1:'iod: ~100 Year Jan Feb Ma..~P.~ M_a,v Jun Jul ~u~ -~~~-. Oct Nov Dec Annual HAlFl HALF ' _ ) ' : i " ~o~s ~ '~~-?.--.o~~ :~o-~--~7~)_o8.~~-~~-~-=~~~~-;_?j~.3-2~--:~n.j0~;21_2.3_a:{ 2~2. 6S0,21ci.1o8 205:559 2o3.50t o7. 77? _ s 2009: oot; SjZ09.343;zoa.at9 209.o.Odzos.912~ I I I Quick Unks Tools V At a Glance Tables D Economic News Releases El Databases & Tables s Maps Calculato~s 9 Inflation a Location Quotient D Injury And Illness Help tj Help & Tutorials s A to Z Index fl FAQs v Glossary D About BLS El Contact Us ;!.1)._(,5- :z.o'lj.'ltj..-:. 3.73'?> 3.73"'-':-.ZI:t.(;;S;:; r.%'% r--j I.S~ Info 9: What's New o BLS fj Find It! DOL 0: Join our J\/lailing Lists &I Privacy & Security :; Unklng K Copyright Information Frequent1v Asked Questions 1 Freedom of Information Act 1 Cvstomer Survev bfs.qov u.s. Bureau of Labor Statistics 2 Massachusetts Avenue, IIIE Washington. DC I Teleohone: ( I Oo vou have a Oab ouestion? 66

73 PUBLIC WORKS INVI'I'ATIONTOBIDFOR.I.VI OMA)J?W;J/Ac'LE ;<poi SPECIFICATIONS.FOR: RoluucANE DEBRlS R:Ellfov.U.AND DlsPosAL CONTRACT BID NUMBER: 7076 BID Ol'ENING DATE:.JnLY 13,2005 AT 2:00PM BID OPENING LOCATION:PURCHAS.ING DIVISION IBSTlw:T, SUJnM~l18 VERO BEACH FL THE UNDERSIGNSBE.'REBY.CER.TIFYTHAT TB:EYIIAVE READ AND tjn»eltst".an:iltiot"cont.i!:n1's 01!?:':EI:IS so:ocri'ation AND AGREE TO FURNISH.A.U.LABOR, limterlals AND EQUIPM!l:NT AT DIE l'rlcll:s SHOWN B:Et.OW SUBJECT TO ALL lnstruc'l'ions, CONDITIONS. SPECIFICATIONS,~ ATTACHMENTS :a:ereto. FADAJ.R:E TO RAVE READ.ALL THE PROVISIONS OF THIS SOIJClTAnON SHALL NOT BE CA'DSE TOALTEllANYRESULTING CONTRACT OIU~EQUEST.ADDn10N.AL co~~on. EACH ljnit.e'bice SRAI.l.JNCLUDEAN AMODNT CONSlDERllD liy CONTR.ACTOR TO lie AD:EQUA.T.E 10 COV.ER CON'I'ltACTOJl' S OVERliX4.D AND l'rof.ll' l'orbacb: SEPARATELY Jl)li\N'l'IF.W) li'd BIDDE:aS.ABE REQUESTED TO BID ON ALL l'l'ems. l ' I I l l. ~~~!":~::;;:av~f,t;~»t!n Blld Transportation toj ';~~rg.v~ Eight dollars and iiiil!ty cants. percubicyard $ -6-;-S& ICY (Unit Price Wards) Unit Price for Vegetativ11 Debris Cell&etion and Tr&lll!Portation to debris staging_~ pro'videdbycojrtrac:tor:& "'~"Wmc.(.A 1.;\<..JI ~ $Cf. Nine dol.lare Bnd 'ft8- comts per cubic yard $ 9 a a ICY (Unit Price Words) Invitation to Bid Form Page 14{a) A.ddemlumNo.l :Prrge 3 oflo t'l 'd 6611 'ON 1'1-lSH [l)(ll"9l 'loi 67

74 VfloLW """""""'. ' Unit Pri~:' for Mh:ed Debns!ll Collection Bl!d Transportation to County Landfill Sre=by f:fui# Cloll:a:CS dtt6 U0 CULtS. petton $ 'i'5. 68 J1N (Unit Price Words),.8-r; is ~.s.. A ;,..,. r-jl J,..d""'-ff7, a;;~ :It 19. (}V ~.:;;e--'ev\.j.., et9t.. r)tsii&.ri of f"'j,.ft I.J<- C""'vt.f-; Unit Price for CoJUtmction & Demolition Deb.ris (C& ntl) Collection and 6. 0 Transportation to County Landfill:.1 ~ I g-f7 Sit"1:l ±ve ma t10 c:enes per ton S ;s. 99. fin, etmitprloe. Words) ' ~.SiAl; S=t PiiJ i" C$,;t;lf""t- ~ -ff>s -=;.~ srr7 e 1ttf dd{an e>.d ~ fwo u.j-<: Unit Friee for Mixed Debris(l) Collection nd TriiD!ipomtion to Contrac:to:r's Staging Area for trusport to Obeebobee ~diill./1 ~ :J. 0 tf ~ Nine llo1lars ADd ~ants per eubie yard $ ~;~. ao ICY (UnitPrice w~ I' - 6riy ~I>' Uldt Price lor Co.1141l11Cfion & Demolition Debris {c& l)ll~ Collection ud Tran&!Mirtatlon to Contractor' a: Staging.Area for transport to Okeechobee Landfill: Nlne dol.lare and--: oanta: percubioyarcl. $ ~ /C'f UJiit Price tor Trampo. r:it:"" f;;r"-1-""--'"-'"'.,lj opi#!jt q.rjg D!Mhed l>ebrls(ll frojd Contractor's Staging Area to Okeechobee L11ndfill (cost IIS!Ioda.ted With landfiu. dls)josal fees..,m ba a pass--through cgst, ~ the Contractor Invoicing the County at ac:tual cost, without any additi~al 1- fees); ~ ~S",li/?C 7 'l'iu.rty f.1ve do~lars and":!>& cents per ton S!IS. ee ffn (Unit Pri Words).. : ) '"" ce '> /a../y ~~x.-lolbr< A"'<> D6H"f h...,.- c.../s- U.Ilit.Price fortranspormtion of ConstrUction & DemolJtion Debris (C&D(l? fradl. Coatnc:tor's stagingareli to Okeechobe~.Lmdfill (CGS"t IISSOciated with landfill disposal fae.s will be a pass-through Qlst, with the ContrActor invoicing the County at act1aa1 cost, without any additional feoa): ~ JJ 5 {,!.7!l'hirty f.z...,.. aollara and J? cents pc:rfon $?"9 fin (th:litpricewords) ) "' ~-7 ~II<..:J IJ<-IC A-J;;> Et)J-'f ~... ~. (1) Mixet/ Debris Is pt:bnarily 11egetlltion with building ikbris such as ro~jjing. sitli>rg. Cnsuiatltm, dry walt.rtgnt:lge and other light construction debris. (2) C&:D ~au lnjt Is 710t limited tc but1dr'ng debris such as roofing, siding. tnmkmon, dry wtzl4 Jignage. plywoot( lumber fonctng. anti othur miscellaneous con.rtnu:tion debris. Invitatlon to Bid.Fo:rm Page 14{b) li/e "d 66Ll 'ON WJ6H LOW9i 'lr.f 68

75 ',,., = Unit Price for Ve~tive Waste Consolidation (grinding & chipping) at County<! Contractor's site:.jt-!1.il!il 'II 2 qo. Two dollars and ~} ir,.. cenpc:r cubic yard $ 2.1!l ICY (Unit Priee Words) ~--rz;;;.. ~1/A.L<: 4.r> loit>ni c:~. Unit Price for H21lling MuJch from County or Contractor's site td a State Approve(! q Di.spoaal Site provided by Contractor:. r1t "':. 1 I ceuanlt fioe dp...ej! J pc:rcubicyard S.~ ICY ((Jnit Priee Words) "":> ~"""r-i ceajr< Unlt Price for Providing Air c:urta;n and :Surn!ng Vegetai:iVo Debris at County o~ ~~~ Contractor's site:., ( 6. -""' E>~HTY co;jrs 'I > Z ~o aoll.u:a u.d ail:le11y fi; a nes per cubic y.ard $ ~ ICY (Unit Price Words) Ullit Price for Cuttiag»'TR Removiug and Disposing Hau.ging Limbs in Rieht-of- q Way: ~-, ~,..,..;.a.;"'. :! 'I J!{ -ff f 3_. Nine dcllars eo.nd ~cents per cubic yard S ICY (Unit Price Words) I I 1 I I l I l Unit Price for Excavation, Removal, and ))isposai of Stumps in Right-of-Way: 'l'walva dollars alld... oents pcrcubicyard S '12w99 ICY <-j. (Unit Price wljds) /i 4 1 "/2- c;. 1f1::::'-r!_,-ft,,.. 5 Hazardous Waste Removat ort, and Disposal: 9:J:;::'!;i' 1L '13 7 Boighl;t Ittue ilollmxs aua no oenl::$ perssgal..bsrrel S 89.eo lbam:"l }... (Unit Price Wrpds) ~ ~~~ 6Ji& iloii J i :' "!pz:c '""" --:ljjj,i!fj -11,.,.-. chll""" Mr>.<\<..~ ""'i).t-7.&'1 Bl azardoru Waste ~monl, 1'rall&port, and Disposal: ~. &~& gh~ :: &s oent.s per pound $ as I.LB.~ '> fl', <g~>pri~~o:~ st:.jcj.j.cm->1'> t/. $'/ Dead Anfm1l CoDer:tio11, Transport, and Disposal: Eighty Ll:azoe =enu pc;rpound $.-a.a. ILB.l- (Unit Price Wo~ds) '..J+: fre..f..s -'l> t:l6.<1t'f 5t"utr.s ~- Invitation to Bid Form Page 14(c).'Of v/i> 'd 6W 'ON 69

76 ACORDm CERTIFICATE OF LIABILITY INSURANCE DATE {MM/DDIYYYY) 12/30/2009 PRODUCER (504) FAX: (504) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ellsworth Corporation HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3636 s. I-10 Service Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 8210 Metairie LA INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:. Landmark AmeriCan rns. Omni Pinnacle, LLC INSURER B: QBE Specialty Ins. Co. 90 Glen Court INSURER C: Landmark AmeriQan!ns ~ INSURER o: New Hampshire Ins. co. Pearl River LA INSURER E: Ironshore Specialty Ins. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOl\NITHSTANDING ANY REQUIREMENT, TERM OR CONDITlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY MAVE BEEN n.educed BY PA;U CLAIMS. ~~~: ~~~} TYPE OF INSURANCE POLICY NUMBER Pr?k+~Y,r,Jg~E Pgi'fJ.~~~N LIMITS ~NERAL LIABILITY LHA EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY ~~~~~JOE~~~~nce' $ 50,000 A I CLAIMS MADE ~ OCCUR Bl.anket Add '1. Insured & 5/7/2009 5/7/2010 MED EXP CAn one erson $ 5,000 B - - ~'LAGG~l~lE LIMIT AnES PER: POLICY X j~rt LOG ~TOMOBILE LIABILITY r- c ha DEDUCTIBLE ANY AUTO Blanket Waiver of Subrog PERSONAL & AOV INJURY $ 1,000,000 as requi.red by written GENERAL AGGREGATE $ 2,000,000 Contract. PRODUCTS- COMP/OP AGG $ 2,000,000 COMBINED SINGLE LIMIT (Ea accident) 5/7/2009 5/7/2010 tx ALL OWNED AUTOS QSILA BODILY INJURY (P.er person). SCHEDULED AUTOS ~ HIRED AUTOS Bl.anket Add 1 Insured & BODILY INJURY r=- (Per accident) ~ NON-OWNED AUTOS Bl.anket Waiver of Subrog as requi.red by written 1- contract. PROPERTY DAMAGE (Per accident) $ $ $ 1,000,000 RRAGE UABIUTY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ ~ESS/UMBRELLA LIABILITY CAOH NOC 7,000,000 OCCUR D CLAIMS MADE AGGREGATE 7,000,000 LHA /7/2009 5/7/2010 $ RETENTION $ 10,000 $ D WORKERS COMPENSATION AND WC x I T~*~I~JNs I IOJ,ii- EMPLOYERS' U~BILtTY ANY PROPRIETOR/PARTNER/EXECUTIVE Bl.anket Waiver of Subrog E.L. EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? as required by written 9/21/2009 9/21/2010 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below contract. Incl. USL&H E.L. DISEASE -POLICY LIMIT $ 1,000,000 E OTHER CONTRACTORS 016NB /7/2009 5/7/2010 LIMITS: POLLOTION LIABILITY Per Occurrence 2,000,000 I Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS It is agreed that ~e certificate holder is named as Additional Insured on the General Liabil.ity policy, as required by written contract. un1ncc,....,,..c, 4.TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Indian River County Public Works Dept. EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR. TO MAIL th Street ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Vero Beach, FL FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ACORD 25 (2001/08) INS025 (010S).08a.~ ",_ IH~ll, Mehrtens/HMM.~ h'f-~ ACORD TH - -

77 THIRD EXTENSION TO AGREEMENT FOR PROVIDING DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Extension to that certain Agreement to provide disaster debris removal and disposal services is entered into effective as of January 1, 2010 by and between Indian River County, a political subdivision of the State of Florida ("County") and CERES ENVIRONMENTAL SERVICES, INC., a Minnesota corporation authorized to do business in the State of Florida ("Contractor"). BACKGROUND RECITALS A. Effective August 23, 2005, the County and the Contractor entered into a Disaster Debris Removal and Disposal Agreement, as amended by the Amendment and Extension effective as of July 1, 2007 (as so amended, herein referenced as the "Contracf'), extended a second time effective as of January 1, 2009, and is extended a third time effective as of January 1, B. Article 8 of the Contract contains the term and renewal provisions and Article 5 of the Contract contains the price increase provisions. C. Pursuant to the Contract, the parties desire to renew the Contract by this Extension. D. This Contract shall be binding on the parties for the initial term that commenced August 23, 2005 and ends June 30,2007. The initial renewal term shall commence effective as of July 1, 2007 and shall end on December 31, 2008; the second renewal term shall commence January 1, 2009 and end December 31, 2009; and the final renewal term shall commence January 1, 2010 and end December 31,2010. All renewal terms are subject to sooner termination in accordance with the terms of this Contract. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Third Extension. 2. From the date of this Third Extension, the parties agree that the prices set forth in the Contract will be a decrease from the rate in the 2009 Contract, due to the yearly CPI being a negative, as set forth on Exhibit A attached hereto and made a part hereof. 3. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the day and year first set forth above. CERES ENVIRONMENTAL SERVICES, INC. By~~~~~~~ (Authorized Signature) Printed name and title: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Jos_e_p.,-h"""'A,-."""'B'"""a...,.ir"""'d:-, -;;C;-o-u-nty:--cAo-d-:-m-i;-n.,-is...,.tr-a"'"to_r_, -- Pursuant to authority delegated on January 19, 2010 BCC agenda item (Corporate Seal) Date Approved as to form and legal sufficiency: Lc~~~ij William G. Collins, II, County Attorney 71

78 INDIAN RivER COUNTY PURciusiNG DIVISION m STllEET, SUTTEN-118 VEROBEACH FL (772) EXT 1416 FAX (772) INVITATION TO BID FORM ZC/0 /1AtecV~ fn~ - C~.B~S SPECIFICATIONS FOR: HURRICANE DEBRIS REMOVAL AND DISPOSAL CONTRACT BID NUMBER: 7076 BID OPENING DATE: JULY 13, 2005 AT 2:00PM BID OPENING LOCATION:PURCHASING DIVISION m STREET, SNTE N-118 VERO BEACHFL THE UNDERSIGNS HEREBY CERTIFY THAT THEY HAVE READ AND UNDERSTAND THE CONTENTS OF 'IBIS SOLICITATION AND AGREE TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT AT THE PRICES SHOWN BELOW SUBJECT TO ALL INSTRUCTIONS, CONDITIONS, SPECIFICATIONS, AND ATTACHl\IIENTS HERETO. FAILURE TO HAVE READ ALL THE PROVISIONS OF THIS SOLICITATION SHALL NOT BE CAUSE TO AL1J]:R ANY RESULTING CONTRACT OR REQUEST ADDITIONAL COMPENSATION. - EACH UNIT PRICE SHALL INCLUDE AN AMOUNT CONSIDERED BY CONTRACTOR TO BE ADEQUATE TO COVER CONTRACTOR'S OVERHEAD AND PROFIT FOR EACH SEPARATELY IDENTIFIED ITEM. BIDDERS ARE REQUESTED TO BID ON ALL ITEMS. Unit Price for Vegetative Debris Collection and Transportation to debris staging area provided by County: lfe ;i.e_ dvl!.a r.5 v.- -1-h-Q( ~ per cubic yard (Unit Price Words) $ Q' os ICY _ Upit Price for Vegetative Debris Collection and Transportation to debris staging area provided tjy Contractor: f:u? tit;j{arsv- Se.U.Vrt ~ per cubic yard $!OC} ICY (Unit Price Words) Invitation to Bid Form Page 14(a) _ Addendum No. 1- Page 3 of 10 72

79 Unit Price for Mixed Debri~(l} Collection and Transportation to County Landiill 0 1 U? httn?ti4!cftf:#trfit::e..pdollftv:s.,_ se~- perton $1'-B?_!!TN (UmtPrice Words) S.W-Wl ~ Unit Price for Construction & Demolition Debris (C& Dl 2 >) Collection and Transportation to County LandfiJ.I: tja.e k..undf'# tr::lif --fll~..p dt/mr.sy-.s.w±'fftj-per ton (U "tpricewords) ~~ $ I</::!,?.! /TN Unit Price for Mixed Debris(!) Collection and Transportation to Contractor's Staging Area for transport to Olreechobee Landfill 3"-.' -12{ ~ drijim.s v.. fh ty{'j-skjt C-hfsper cubic yard $ II - ICY (Unit Price Words) Unit Price for Construction & De~olition Debris (C& D(2~ Collection and Transportation t~ Contr~_ctor's Staging Area for transport to Okeech_obee Landfill: ~ d&tlats..._ --thi.ri-?{-,s.f-l.f.- cj.-d::s per cubic yard $ If~ ICY Unit Price for Transportation of Mixed Debris< 1 > from Contractor's Staging Area to Okeechobee Landfill (cost associated with landfill disposal fees will be a pass-through cost, with the Contractor invoicing the County at actual cost, without" any additional fees):. +~-.tujoti.ulbtrs 11 ~-f{!4r. c..u:bperton $~~!TN (Unit Price Words). Unit Price for Transportation of Construction & Demolition Debris (C&Dtl~ from Contractor's Staging Area to Olwechobee Landfill (cost associated with-landfill disposal fees will be a pass-through cost, with the Contractor invoicing the County at actual cost, without any additional fees): s; 7 +a.;~~"-twot&liius "- ~tym c. 1!fierton $~-!TN (Unit Price Words) (1) lvi'txed Debris is primarily vegetation with building debris such as roofing, siding, insulation, dry wall, signage and other light construction debris. ' (2) C&D includes but is not limited to building debris such as roofing, siding, insulation, dry wall, signage, plywood, lumber fencing, and other miscellaneous construction debris. Invitation to Bid Form Page 14(h) AddendumNo.l-Page4 oflo 73

80 Unit Price for Vegetative Waste Consolidation (grinding & chipping) at County or Contractor's site: o<f No doliars "- MUr' C!-eALf--S per cubic yard $?{ - ICY (Unit Price \\tords) Unit Price for Hauling Mulch from County or Contractor's site to a State Approved Di~osal ~ite; provided bvcontractor: 6{)-t..! doji.ftrs '<~ trl-j ~~ ~ per cubic yard ICY (Unit Price Wor s) Unit Price for Providi.rig Air Curtain and Burning Vegetative Debris at County or Contractor'~ site: _. - 0 /l,f chll_tu,- '~- I'Ll+l.?tq ~~d,.?l C-0d;s per cubic yard $ J 9 ~ ICY (Unit Price Words) Unit Price for Cutting Down, Removing and Disposing Hanging Limbs in Right-of- ~2~ -:-ff-b.l.e doll.j:lj-.s "- /'1l.AU;(;'1 ~0< per cubic yard $ ! ICY (Unit Price Words) ~ Unit ~rl,ce ~or Excavatiof!, Rt:moval, and Disposal of S~mps in Right-of-%. Y: cfr do(lao "'"" S&X~ -c.?ljki- ~ per cub1c yard $ J...,Q - ICY (Unit Price Words) Hazardous Waste Removal, Transport, and Disposal: 1> 7 j'vd_.lu.endr~s/y do/14-r..s,._,_ffjk!d;..- per 55 gal. barrel $-.5Qb- /barrel (Unit Price W?rds) S-e-l-l C-fA1.;fs Bio-hazardous Waste Removal, Transport, and Disposal: '+AK'...f-f dvl( ar:.s,._ +.!kr! C#!t=fS per pound (Unit Price Words) Dead _Animal ~op.ection, Transport, and Disposal: perpound (Unit Price Words) -1--h!CM.. dbllar:s v- TJ!/J c.:mcts ~to $<.->- /LB $ 3~ ILB Invitation to Bid Form Page 14(c) AddendumNo.l-Page 5 of 10 74

81 tadjui J - a Th"'VITATION TO BID FORM SPECIF1CATIONS FOR: HURRICANE DEBRIS REMoVALANl> DISJ>OSAL CoNTR.Acr BID NUMBER: 7076 BID OPENING DATE: JllLY 13, 2005 AT 2:00PM BID OPENING LOC.4..TION: PURCRASJNG DIVISION ""STREET, SUIT N-118 VER.O BEACRFL TBE UNDERSIGN& HEREBY CERTIFY THAT THEYHA VE READ AND UNDERSTAN» TBE CONTENTS OF THIS SOLICITATION AND AGREE. TO FURNISH. ALL LABOR. MATERIALS AND EQlJIPMENT AT TBE PRICES SHOWN BELOW SUBJECI' TO ALL INSTRUCTIONS, CONDmONS, ~CATIONS,.AND ATTACHMENTS HERETO. FA1LURE TO HA v.e READ.ALL THE PROVISIONS OF THIS SOLICITATION SHALl, NOT BE CAUSE TO.AL'I'ERANY RESULTING CONTRACT OR REQUEST ADDITIONAL COMP'ENSATION. EAcJl UNIT PRICE SHALL INCLUDE AN.AMOUNTCONBIDEREDBY CONTRACI'OR TO BE ADEQU.A"'I'E TO COVER CONTRACTOR'S OVEJUIEAD_.AND PROFIT FOR EA.CB: SEl'AlU..TELY WENiiFlED rmm- BIDDERS ARE REQUESTED TO BID ON AIL ITEMS. Unit Price for Vegetative Debris Collection and Transportation to debris staging area provided by Co~: t.a... f\. Y7 r:j J.-.'f-" F o ~ -e\,' ""+- ~ tc~d P."- c J-eve~ '$ w... :- C.C-"' per cubic yard ~.$-.L>- - Jc~ r Ml' (Unit Price Words) "3. "17 )(.?(~o 7 ~ 0 '7. ;;zc Upit Price for Vegetative Debris Collection and Transportation to debris staging area pr~~~~;~r:~~li~ (;.,rw.a-1 percubicyard S~/CY $/~ (Unit Price Words) t" jtj. ;;;_.p' Invitation tfr Bid Form Page 14(a) Adrie1uiW11Nt>.l Page 3 of 10 75

82 Unit Price for Construction & Demolition Debris (C&- no.~ Collection and. IL) fo. '-/ I Transportation to County ;Landfill:, ~ f;" O~"--t. k'"""'t.~ Tl-tv--f~ ~.-,,~ r:..jilsrr perton $~--rin /l{j. ll ~ (Unit Price Words) W Unit Price for Mixed Debris 11 l CoDeetion and Transportation to Con~eging. _,Atea for tradsport to Okeechobee Landfill. _ 'J'..!f II S 7 -fc,;...,. rkltuj6~.j,..,... f.,-~:.,("~c.uj1" percnbicyard -$.-ICY~ (Unit Price Words) I>~ U:Dit Price for Construction & Demolition Debris (c& D~ Collection and TfllllSPortatio~ to Co~~etor's Staging Area for ~rt to Okeec1:b::J,:Ddfill: 4 I J ::, 7 'te'- ~li.t-rj ~4 luo--a--t; t:a5wf &AJ per cubic yard ~CY ~ ~ Unit Pr.i...-e for Transportation of Mixed Debris 11 > fro~ Contractor's Sta,uing Ar.ea tn Okeechobee Landfill (cost associated with landfill disposal fees will be a pass-through cost, with the contractor invoicing the Co1111ty at actual cost. without ~Y additional _ 3 1 J fees):j... _ "- _1 1 _...,~ ;~_. 'IAfVV'7 lv-n <~..:J(,,I per ton.~ - fl'n ;;! 'l.r r~ (Unit Price Words) w Unit Price for Tramportation of Construction & Demolition Debris (C&Dll~ from Contractor's Staging Area to Okeechobee landfill (cost associated with landfill ~IJ!IBI fees w.iil be a p2!1b-thron,.oh C:ost, with the Contractor invoicing the County at oz3. 11 ~cost,_ ~ontanr; additional fees}:. ~ ~!""'P t!.l vrr per ton -!IN.l <:~ _ r r (Unit Price Words) M,P (1) Mixed Del:ms is primarily vegetation with building debris such as roofing. siding. i'nsulation, dry wall, signage and other light ctm&tnlctirm debris. (2) C&D includes but is not limited to building debri;; such as roofing, siding, insulation, dry wall, Signage, plywood, 17l!'!'lber _,.ftmcmg. and other miscellaneous CCiifN-trudion debris. Invitation to Bid Form Page 14(1>) Atitientbon.Nc.J-Page 4 oflo 76

83 ; ~ i Unit Price for Vegetative Waste Consolidation (grinding & chipping) at County or,~ «o /) Contractor';; site:. ~ - r,-...&>_ <::-eii.fr ~ TU~ C.sl--'Y~percubicyard $--' - ICY..;).;vf (UnitPriceWords) ~ Unit Price for Hauling Mulch from County or Contractor's site to a State Approved ~sal!;lite provided l,ty Contractor:., tj t( f..,v-r d.t;,llm" ~~A f--. u..r- hdercubicyard $.P-:J-;ey t ~ (Unit Price Words) 1>1 Unit Price for Providing Air Curtain and :Burnillg Vegetative Debris at County or Contrado:r's site: r!!&-- ;. 9'! (MI<.. <L.ilw r"'-(1 Gt f,..+-) I>'..-.. c.era-7 per cubic yard $~' ICY!f.f Ylf, (Unit Price Words) ' w Unit Price for Cutting Down., Removing and Disposing Hanging Limbs in Right-of-. Way: I -.J I 6f:n '.L - I"" ~ -t YJ 7Y- '/Lv-.ly k~ ={(0..._,...,~ '-' v LII""Hpercubicyard :ti-5"-::::r.vv ICY Jq 7 - I o(" J (OnitPriceWords) Unit Price for Excavation, Remm'lll, and Disposal of Stumps in Right-of:-Way: f..;.-3 ;"~.l..otlw.r percubicyard S.!i!frrgi"/CY~ Jl'<o/ {Unit Price Words) 'J ~ n~ C./ /_ 1 Mt' Ha7.ardous Waste Re,noval, TraD!Ipon, and Disposal: -6zV-C ~~.!.-.. d la. 1 vve. I} C:ktlwf per 55 gal. barrel (Unit Price WC?fds) 1. Bi&'-bazard41us Waste Removal, Transport, and Disposal: Th,..,._::... eli llw:r Der pound (Unit Price words) Dead ADimal Collection, Transport, and Disposal: -rla.v--"-.ltllf-+-.r ~ ~ perpound (Unit Price Words) s;. q6, ~/barrel.,( 5fb. ;&;. f'p<2. ) 9 s--3', 0 CJ JLB f > 3 14>...,oa - ~ $-~ JI:Bst 3.;(~ _j.ofdv ~ Invitation to Bid Form Page 14(e) AtiJioulmn. No.1 -Page 5 of lfl 77

84 ACORD ru CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 12/28/2009 PRODUCER (952) FAX (952) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Christensen Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insuranc~ Resources Int'l. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Bren Road West Minnetonka, MN INSURERS AFFORDING COVERAGE NAIC# INSURED CERES ENVIRONMENTAL SERVICES. INC. INSURERA: ACE American Insurance Company th Ave INSUREAB: Westfield Insurance Companies Minneapolis, MN rnsuaerc: Commerce & Industry Insurance INSURERD: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD '""'u", cu. "u' nl no ~""'"~ ANY REQUIREMENT. TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT A IN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ _TYPEOFI POLl~ ~ ~~ LIMITS A B I GENERAL LIABILITY I >'tuu~ 06/03/2009 UUf._, I ~ COMMERCIAL GENERAL LIABILITY ~RENTED I $ lv-h CLAIMS MADE fxl OCCUR 1 ooe pemool I $ ~[Eq'ujpment Flac;ter LIMIT: $1,000,000 /INJURY I tk 11 liabi LIMIT: $1,000,000 GENERAL. I 'LIMIT I COMPIOP AGG I $ h POLICY fxl ~... n LOG LIABILITY ANY AUTO lk ' ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ~ANY AUTO =:J OCCUR I DEDUCTIBLE I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY LIABILITY D CLAIMS MADE CMM UUf -/ /03/2010 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) I AUTO ONLY. OTHER THAN AUTO ONLY: EACH 12/1 ~~, uu/2010 X~"-'' 2,000,000 $ $ '$ EAACC :$ 1,000,00~ 50,00~ 5,00~ 1,000,00C 2,000,00C 2,000,00C AGG $! I I I I I_'-"'YI 0 J/;'":---=-~~ E.L EACH ACCIDENT $ 2, 000, 00C ( ~~~~~~~~~~~~lli5~~ecutive E.L DISEASE EA F"PI nvf' $ 2, 000, 00C I "'" o"";b;. ~~o!~.. I I E.L DISEASE POLICY LIMIT $ 2, 000, 00( ~~~u l>'tuu> uu1../ /03/2010 $1,000,000 Each wnw.. oun Pollution 11 liability ~~ ~0~ 06/03/ /03/2010 $1,000,000 - Each Claim I V_S,PECIAl River., Board o1" co11111issioners, wn1cn all Departments, etc. ATIMA is listed as Additional Insured under the General Liability policy with regards to: Indian River tount-,v Public Works Renewal 1 Hurricane Debris Removal and Disposal Contract 10 days cancel notice for nonpayment of premium, 30 days for all other valid reasons* Job# 3082 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Indian River County Board of County Commissioners Attn: luanne Marino th St Vero Beach, Fl ACORD 25 ( ) EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ke 11 y Preston/KP ACORD CORPORATION

85 INDIAN RIVER COUNTY, FLORIDA PUBLIC WORKS DEPARTMENT- TRAFFIC ENGINEERING DIVISION INTER-OFFICE MEMORANDUM CONSENT TO: Joseph A. Baird County Administrator FROM: Christopher R. Mora, P.E. Cvv- Public Works Director SUBJECT: Traffic Control Device Ledger- BCC CONSENT AGENDA DA'fE: January 6, 2010 DESCRIPTION AND CONDITIONS The Public Works Director is to provide a Traffic Control Device Ledger update for ratification by the Board of County Commissioners as specified in Section of the Indian River County Code. The last ledger update was approved by the Board in July, RECOMMENDATIONS & FUNDING It is recommended that this ledger update (EXIDBIT "A" - attached) be approved. There is no funding impact generated by this action. ATTACHMENT Indian River Approval Date Draft Resolution and Ledger Documents APPROVED AGENDA ITEM Public Works Traffic Engineering Gv-- 0vv to 1-7 -tg F:\Traftic\Maya\BCC AGENDA ITEMS - RESOLUTIONS\LEDGER Ul'DATE FOR BCC\IedgCl' update for bee january 2010.doc 79

86 RESOLUTION NO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING TRAFFIC CONTROL DEVICES AUTHORIZED BY THE DIRECTOR OF PUBLIC WORKS. WHEREAS, the Board of County Commissioners has directed the Director of Public Works to maintain a ledger listing the traffic control devices maintained by the County (Section , Indian River County Code); and WHEREAS, the code requires this ledger to be presented to the Board of County Commissioners for approval; and Resolution, WHEREAS, the ledger has been presented and is attached as Exhibit "A" to this NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: The Board of County Commissioners hereby accepts and approves the traffic control device ledger which is Exhibit "A" to this resolution. The resolution was moved to adoption by Commissioner and the motion was seconded by Commissioner, and, upon being put to a vote, the vote was as follows: Chairman, Peter D. O'Bryan Vice Chairman, Bob Solari Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler F:\Traffic\Maya\BCC AGENDA ITEMS- RESOLUTIONS\RESOLUTION\resolution traffic control devices ledger january 2010.doc 80

87 RESOLUTION NO Page2 of2 Traffic Control Devices Resolution The Chainnan thereupon declared the resolution duly passed and adopted this day of,2010. Attest: J. K. Barton, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan Chainnan F:\Traffic\Maya\BCC AGENDA ITEMS- RESOLUTIONS\RESOLUTION\resolution traffic control devices ledger january 2010.doc 81

88 RESOLUTION NO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING TRAFFIC CONTROL DEVICES AUTHORIZED BY THE DIRECTOR OF PUBLIC WORKS. WHEREAS, the Board of County Commissioners has directed the Director of Public Works to maintain a ledger listing the traffic control devices maintained by the County (Section , Indian River County Code); and WHEREAS, the code requires this ledger to be presented to the Board of County Commissioners for approval; and Resolution, WHEREAS, the ledger has been presented and is attached as Exhibit "A" to this NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: The Board of County Commissioners hereby accepts and approves the traffic cmi.trol device ledger which is Exhibit "A" to this resolution. The resolution was moved to adoption by Commissioner motion was seconded by Commissioner vote was as follows: and the and, upon being put to a vote, the Chairman, Peter D. O'Bryan Vice Chairman, Bob Solari Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler F:\Traffic\Maya\BCC AGENDA ITEMS- RESOLUTIONS\RESOLUTION\resolution traffic control devices ledger january 2010.doc 82

89 RESOLUTION NO Page 2 of2 Traffic Control Devices Resolution The Chairman thereupon declared the resolution duly passed and adopted this day of,2010. Attest: J. K. Barton, Clerk By:. Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan Chairman F:\Traffic\Maya\BCC AGENDA ITEMS- RESOLOTIONS\RESOLUTION\resolution traffic control devices ledger january 2010.doc 83

90 EXHIBIT ''A'' INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January,2010 TABLE OF CONTENTS Traffic Signals.... Page 2 Flashing Beacons Page 6 20 M.P.H. School Flashing Beacons... Page 7 Speed Warning/Driver Feedback Signs.... Page 8 Traffic Cameras..... Page 8 Speed Limit Zones... Page 10 School20 M.P.H. Speed Limit Zones Page 15 Traffic Calming Page 17 Page 1 of17 84

91 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January, 2010 I. TRAFFIC SIGNALS h Street and 20'h Avenue 2. 4th Street and 27th Avenue h Street and 43rd Avenue 4. 4'h Street and 58th Avenue 5. 4th Street and Old Dixie Highway 6. 4th Street/Indian River Boulevard and U.S th Street SW and 20'h Avenue 8. S'h Street SW and 27th Avenue 9. gth Street and 6'h Avenue 10. gth Street and 20th Avenue 11. 8th Street and 27 1 h Avenue 12. S'h Street and 43rd Avenue 13. 8th Street and 58th Avenue 14. gth Street and Old Dixie Highway 15. gth Street and U.S th Street and 6th Avenue 'h Street and 20'h Avenue h Street and 27'h Avenue th Street and 43rd Avenue th Street and 58th Avenue 'h Street and Commerce Avenue th Street and Indian River Boulevard th Street and Old Dixie Highway th Street and U.S h Place and U.S h Street and 14'h Avenue 16th Street and 17th Avenue 16'h Street and 20'h Avenue 16th Street and 27'h Avenue 16th Street and 43rd Avenue 16 1 h Street and Old Dixie_!!!~~ay 32. *17'" Lane S\V and 27'" Avenue 1 Street and Avenue 17th Street and Indian River Boulevard 17 1 h Street/Causeway Boulevard and SR A-1-A *Ne" Traffic Signal Page2 of17 85

92 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January, 2010 I. TRAFFIC SIGNALS (continued) h Street and U.S h Place and 6 1 h Avenue '' Street and 6 1 h Avenue ''Street and 14 1 h Avenue ''Street and Indian River Boulevard rd Street and 14 1 h Avenue rd Street and U.S 'h Street and 43rd Avenue th Street and 58 1 h Avenue h Street and 66 1 h Avenue 'h Street and St. Lucie Avenue 'h Street and U.S.l nd Street/Aviation Boulevard and U.S th Street arid lo'h Court SO. 37th Street and Indian River Boulevard th Street and U.S 'h Lane/Old Dixie Highway and U.S ''Street and U.S ' 1 Street and 43rd Avenue '' Street and S8'h Avenue 'h Street and 43rd Avenue 'h Street and U.S th Street and S8'h Avenue rd Street and U.S *57 1 h Street and 58'" Avenue th Street and U.S st Street and 66 1 h Avenue 'h Street and CR Aviation Boulevard and 27th Avenue 65. Bahia Mar Road and SR A-1-A 66. Barber Street and Schumann Drive 67. Barber Street/Pelican Pointe Drive and U.S College Lane and 58 1 h Avenue 69. CR 510 and 58th Avenue 70. CR 510 and 66'h Avenue 71. CR 510 and CR 512 *New Tmffic Signal Page3 of17 86

93 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January, 2010 I. TRAFFIC SIGNALS (continued) 72. CR 510 and SRA-1-A 73. CR 510 and Treasure Coast Elementary 74. CR 510 and U.S CR 512 and 1-95 (NB) 76. CR 512 and 1-95 (SB) 77. CR 512 and 101'' Avenue 78. *CR 512 and 108'" Avenue CR 512 and Barber Street CR 512 and Delaware Avenue CR 512 and Easy Street CR 512 and Fleming Street CR 512 and Roseland Road CR 512 and Sebastian River Middle School (West Driveway) CR 512 and Willow Street/BOth Avenue CR 512 EB and U.S. 1 CR 512 WB and U.S. 1 Fred TuerkDrive and SRA-1-A Highland Drive and U.S 1 Jackson Street and U.S. 1 Jaycee Park and SR A-1-A John's Island Drive and SR A-1-A Main Street and U.S. 1 Oslo Road and 20th Avenue Oslo Road and 27th Avenue Oslo Road and 43rd Avenue Oslo Road and 58th Avenue Oslo Road and Old Dixie Highway Oslo Road and U.S.1 Roseland Road and U.S. 1 Royal Palm Place/Boulevard and Indian River Boulevard/SR 60 St. Edward's School and SR A-1-A Schumann Drive and U.S. 1 Sea Oaks and SRA-1-A Sebastian High School (North Intersection) and CR 510 Sebastian High School (South Intersection) and CR 510 * Ne\\ T! affic Signal Page4 of17 87

94 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January, 2010 I. TRAFFIC SIGNALS (continued) 105. SR 60 and 43'd Avenue 106. SR 60 and 58th Avenue 107. SR 60 and 66th Avenue 108. SR 60 and 74th Avenue 109. SR 60 and 82"d Avenue 110. SR 60 and 90th Avenue 111. SR 60 and 98th Avenue 112. SR 60 and 1-95 (NB) 113. SR 60 and I-95 (SB) 114. SR 60 and Indian River Mall 115. SR 60/20th Street and 6th Avenue 116. SR 60/20th Street and 20th Avenue 117. SR 60/20th Street and 27th Avenue/Buena Vista Boulevard 118. SR 60/20th Street and Indian River Boulevard 119. SR 60/Beachland Boulevard and Mockingbird Drive 120. SR 60/Beachland Boulevard and Riverside Park Drive 121. SR 60/Beachland Boulevard and SR A-1-A 122. SR 60/Merrill Barber Bridge and Indian River Boulevard 123. SR 60 Eastbound/19th Place and 14th Avenue 124. SR 60 Eastbound/20th Street and loth Avenue 125. SR 60 Eastbound/20th Street and Commerce Avenue 126. SR 60 Eastbound/20th Street and U.S SR 60 Westbound/20th Place and 10 1 h Avenue 128. SR 60 Westbound/20 1 h Place and 11th Avenue 129. SR 60 Westbound/20 1 h Place and Commerce Avenue 130. SR 60 Westbound/20 1 h Place and U.S SR 60 Westbound/20 1 h Street and 14th Avenue 132. *ll.s. 1121' 1 Street and 10 1 h Awnue 133. U.S. 1/21 st Street and 11th Avenue 134. Vista Royale Boulevard and U.S. 1 NEW TRAFFIC SIGNALS UNDER DESIGN OR CONSTRUCTION th Street SW and 43'd Avenue th Street and 66 1 h Avenue 137. College Lane and Indian River State College 138. Aviation Boulevard and 34th Avenue/Airport Drive 'd Street and Old Dixie Highway h Street and 66th Avenue 141. Round Island Park and SR A-1-A 142. SR 60 and 53'd Avenue *New T1 affic Signal PageS of17 88

95 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January,2010 n. FLASHING BEACONS 1. 1'' Street SW and 27th Avenue Intersection Control Beacon 2. gth Street and Indian River Boulevard Intersection Control Beacon 3. gth Street west of U.S. 1 Railroad Warning Beacon 4. 21' 1 Street SW and 27 1 h Avenue Warning Beacon 5. 21' 1 Street and U.S. 1 at Curve Warning Beacon 6. 41'' Street and 66 1 h Avenue Intersection Control Beacon 7. 41' 1 Street and Old Dixie Highway Four Way Red Beacon h Street and 66 1 h Avenue Intersection Control Beacon 9. 45th Street and Old Dixie Highway Four Way Red Beacon h Street and 58 1 h Avenue Intersection Control Beacon h Street and Old Dixie Highway Four Way Red Beacon h Street and 51' 1 Court Intersection Control Beacon rd Street and 58 1 h Avenue Intersection Control Beacon h Street and 58'h Avenue Intersection Control Beacon h Street and Old Dixie Highway Intersection Control Beacon tb ' th Street and 58 Avenue Intersection Control Beacon h Street and Old Dixie Highway Intersection Control Beacon th Street and 58'h Avenue Intersection Control Beacon 19. CR 510 and 64th Avenue Intersection Control Beacon 20. CR 510 at 90 1 h Avenue Curve Warning Beacon 21. CR 512 and CR 507 Intersection Control Beacon 22. CR 512 and Cypress Street Intersection Control Beacon 23. Highland Drive and 6 1 h Avenue SW Intersection Control Beacon 24. Highland Drive and Old Dixie Highway Four Way Red Beacon 25. Oslo Road and 74 1 h Avenue Intersection Control Beacon 26. Oslo Road and 82"d Avenue Intersection Control Beacon 27. South Carolina and CR 507 One Way Red Beacon 28. SR60/Beachland Blvd. and WB Barber Bridge Warning Beacon 29. SR60/I.R. Boulevard Main Relief Canal Warning Beacon 30. SR60 EB/20 1 h Street and Commerce Avenue Warning Beacon 31. SR60 EB/20 1 h Street and Commerce Avenue Railroad Warning Beacon 32. SR60 WB/20 1 h Place and U.S. 1 Warning Beacon Page6 of17 89

96 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January, 2010 II. FLASIDNG BEACONS (continued) NEW FLASHING BEACONS UNDER DESIGN OR CONSTRUCTION I'' Street SW and 43rd Avenue 33rd Street and 66th Avenue 37th Street and 66'h Avenue 49th Street and 43rd Avenue 53rd Street and 43rd Avenue 53rd Street and 51'' Court 53rd Street and Indian River Boulevard Intersection Control Beacon Intersection Control Beacon Intersection Control Beacon Intersection Control Beacon Intersection Control Beacon Intersection Control Beacon Intersection Control Beacon III. 20 M.P.H. SCHOOL FLASIDNG BEACONS 1. Beachland Elementary School on SR 60/Beachland Boulevard 2. Citrus Elementary School on 4th Street 3. Citrus Elementary School on 27'h Avenue 4. Dodgertowu Elementary School on 43rd Avenue 5. Fellsmere Elementary School on CR Glendale Elementary School on gth Street 7. Highlands Elementary School on 6th Avenue SW 8. Gifford Middle School on 45th Street 9. Osceola Magnet School on SR60/20'h Street 10. Osceola Magnet School on 6'h Avenue 11. Oslo Middle School on 20th Avenue SW 12. Rosewood Elementary School on 16'h Street 13. Sebastian Elementary School on CR Thompson Elementary School on 18'h Avenue SW 15. Vero Beach Elementary School on 12th Street Page 7 of17 90

97 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January,2010 IV. SPEED WARNING/DRIVER FEEDBACK SIGNS 1. Old Dixie Highway north of 69th Street- southbound 2. Old Dixie Highway south of 65th Street- northbound v. TRAFFIC CAMERAS 1. 4th Street and 58th Avenue 2. gth Street and U.S th Street and U.S th Street and 58th Avenue 5. 15th Place and U.S ih Street and U.S th Place and 11th Avenue 8. 20th Street and 14th Avenue 9. 20th Street and Commerce Avenue (EB) 't Street and U.S rd Street and U.S th Street and U.S th Lane and U.S 't Street and U.S th Street and U.S rd Street and U.S th Street and U.S th Street and CR Barber Street and U.S CR 510 and SRA1A 21. CR 510 and U.S CR 510 and 66th Avenue 23. CR 510 and Treasure Coast Elementary School 24. CR 512 Eastbound and U.S CR 512 Westbound and U.S CR 512 and Easy Street 27. CR 512 and Roseland Road 28. CR 512 and CR CR 512 and Sebastian River Middle School 30. CR 512 and 101't Avenue 31. CR 512 and 108th Avenue 32. CR 512 and BOth Avenue 33. Jackson Street and U.S Main Street and U.S Oslo Road and 58th Avenue 36. Roseland Road and U.S Schumann Drive and U.S. 1 PageS of17 91

98 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January, 2010 V. TRAFFIC CAMERAS (continued) 38. SR 60 and 20th Avenue 39. SR 60 and 27th Avenue 40. SR 60 and 43rd Avenue 41. SR 60 and 58th Avenue 42. SR 60 and 66th Avenue 43. SR 60/Beachland Boulevard and Riverside Park Drive 44. SR 60/Merrill Barber Bridge and Indian River Boulevard 45. SR 60 Eastbound/20th Street and U.S SR 60 Westbound/20th Place and U.S SR 60 and 74th Avenue 48. SR 60 and 82"d Avenue 49. SR 60 and 90th Avenue 50. SR 60 and 1-95 (NB) 51. SR 60 and 1-95 (SB) 52. SR60/20th Street and 6th Avenue 53. SR60/20th Street and Indian River Boulevard NEW TRAFFIC CAMERAS UNDER DESIGN OR CONSTRUCTION 54. 4th Street and U.S th Street and Old Dixie Highway 56. 4th Street and 27th Avenue 57. 5th Street SW and 27th Avenue 58. 8th Street and 20th Avenue 59. 8'h Street and 43'd Avenue th Street and 27th Avenue th Street and 27th Avenue th Street and 43'd Avenue th Street and SRA1A 't Street and Indian River Boulevard th Street and Indian River Boulevard 't Street and 43rd Avenue '' Street and 58th Avenue th Street and 43'd Avenue th Street and 51'' Court rd Street and 58th Avenue 71. Highland Drive and U.S Oslo Road and U.S Oslo Road and 20th Avenue 74. Oslo Road and 27th Avenue 75. Oslo Road and 43'd Avenue 76. Vista Royale Boulevard and U.S. 1 Page9 of17 92

99 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January,2010 VI. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS ROADWAY FROM SPEED LIMIT(M.P.H.) * Lane S\V Avenue Avenue 35 17thLaneSW 20th Avenue 6th Avenue 35 Oslo Road West End 82"d Avenue 35 Oslo Road 82"d Avenue 58th Avenue 55 Oslo Road 58th Avenue U.S. I 45 Oslo Road U.S. I Indian River 35 5th Street SW 58th Avenue 43rd Avenue 45 5th Street SW 43rd Avenue 27th Avenue 35 5th Street SW 27th Avenue 20th Avenue 40 5th Street SW 20th Avenue 12th Avenue 35 1st Street SW 66th Avenue 58th Avenue 45 l't Street SW 43rd Avenue 27th Avenue 35 1st Street SW 27th Avenue 20th Avenue 45 1't Street Old Dixie Hwy U.S. I 35 2"d Street 20th Avenue Old Dixie Hwy 30 4th Street 74th Avenue 58th Avenue 35 4th Street 58th Avenue 43rd Avenue 45 4th Street 43rd Avenue U.S th Street 90th Avenue 82"d Avenue 45 *8 111 Street 82"" Avenue 66' 11 Avenue 40 8th Street 8th Street 8th Street 66th Avenue 27th Avenue Old Dixie Hwy 27th Avenue Old Dixie Hwy I.R. Blvd *Speed limit of 40 mph established on Street between 82"" Avenue and 66' 11 Avenue. Page 10 of17 93

100 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January,2010 VI. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS (continued) ROADWAY FROM TO SPEED LIMIT(M.P.H.) 12th Street 82"d Avenue 74th Avenue 45 12th Street 66th Avenue 58th Avenue 35 12th Street 58th Avenue 43rd Avenue 40 12th Street 43rd Avenue 20th Avenue 35 12th Street 20th Avenue Old Dixie Hwy 35 12th Street Old Dixie Hwy U.S th Street U.S.1 6th Avenue 30 12th Street 6th Avenue I.R. Blvd 35 16th Street 82"d Avenue Pointe West Drive 45 16th Street 58th Avenue 20th Avenue 30 16th Street 20th Avenue U.S th Street U.S.1 I.R. Blvd 45 College Lane College Entrance 58th Avenue 35 26'" Sti eet 7-f" Avenue 66'" Avenue ~0 26th Street 66th Avenue 58th Avenue 40 26th Street 58th Avenue 43rd Avenue 35 33rd Street 66 1 h Avenue 58th Avenue 40 37th Street U.S.1 I.R. Blvd 35 41st Street 66th Avenue U.. S st Street U.S.1 I.R. Blvd 45 45th Street West end of pavement 66'h Avenue 35 45th Street 66 1 h Avenue 43rd Avenue 45 45th Street 43rd Avenue U.S th Street U.S.1 I.R. Blvd 45 Page 11 of17 94

101 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January,2010 VI. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS (continued) ROADWAY FROM TO SPEED LIMIT(M.P.H.) 49th Street 58th Avenue 33rd Avenue 45 49th Street 33rd Avenue U.S.l 30 53rd Street Old Dixie Hwy. U.S.l 53rdStreet U.S.l I.R. Boulevard 45 *57'h Street 66'h Avenue 58tl' Avenue 40 65th Street 66th Avenue Old Dixie Hwy 45 65th Street Old Dixie Hwy U.S.l 40 69th Street 82"d Avenue Old Dixie Hwy 45 69th Street Old Dixie Hwy East End 35 73rd Street Cemetery Road U.S.l 35 77'h Street 74th Avenue U.S.1 45 CR510 CR ' E of Elem. School 45 CR ' E ofeiem. School 66 1 h Avenue 55 CR510 66th Avenue 58 1 h Avenue 35 CR510 58th Avenue U.S.1 40 CR512 SR60 W Fellsmere City Limits 55 CR512 W Fell Cty Lmt E Fell Cty Lmt 30 CR512 E Fell Cty Lmt 1 Mile E of Fell 45 CR512 1 Mile E of Fellsmere Wofl CR512 Wofl-95 E ofl CR 512 E ofl-95 CR CR512 CR510 Easy Street 45 CR512 Easy Street Indian River Drive 35 Roseland Road CR th Place 45 Roseland Road 125th Place U.S.1 35 Roseland Road U.S.l I.R. Drive 35 Page 12 of 17 95

102 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January, 2010 VI. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS (continued) ROADWAY FROM TO SPEED LIMIT(M.P.H.) CR507 CR512 South Carolina 30 CR507 South Carolina North County Line 55 Willow Street 85'h Street Fellsmere City Limits 45 82"d Avenue Oslo Rd SR "d Avenue SR60 69th Street 35 74th Avenue 12'h Street 26'h Street 45 66th Avenue SR60 33rd Street 45 66'h Avenue 33rd Street 45th Street 45 66'h Avenue 45th Street 77th Street 55 66'h Avenue 77th Street Sebastian City Limits 45 58th Avenue South County Line Atlantic Boulevard 45 58'h Avenue Atlantic Blvd 26'h Street 35 58'h Avenue 26th St 200' South of 81 '' St 45 58th Avenue 200' S of 81 st St CR rd Avenue South County Line 13th Street SW 55 43'd Avenue 13th Street SW 5th Street SW 45 43rd Avenue 5th Street SW 4'h Street 40 43rd Avenue 4th Street 2700Block 35 43'd Avenue 2700Block 4000Block 45 43rd Avenue 4000Block 49th Street 35 27'h Avenue South County Line 17th Street SW 50 27th Avenue 17th St SW Oslo Road 45 27th Avenue Oslo Road 14th Street 40 27th Avenue 14th Street SR60 35 Page 13 of17 96

103 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January, 2010 VI. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS (continued) ROADWAY FROM TO SPEED LIMIT(M.P.H.) 20th Avenue 21'' Street SW 17'hLaneSW 35 20th Avenue 17th Street SW Oslo Road 30 20'h Avenue Oslo Road 1 '' Street SW 45 20'h Avenue 1 '' Street SW SR60 35 Old Dixie Hwy South County Line 12'h Street 40 Old Dixie Hwy 12'h Street Seminole Avenue 35 Old Dixie Hwy Seminole Avenue 20'h Street 30 Old Dixie Hwy U.S. I 49'h St 35 Old Dixie Hwy 49th St CR I.R. Drive South U.S. I Sebastian Cty Lmt 30 I.R. Drive Sebastian City Lmt North U.S. I 30 6'h Avenue U.S. I 21'' Street 30 I.R. Boulevard U.S. I 37'h Street 45 I.R. Boulevard 37th Street Grand Hbr Blvd 55 I.R. Boulevard Grand Harbor Blvd 53rd Street 45 NOTE: In accordance with Florida Department of Transportation speed zoning regulations, Florida Statutes Chapter 316, and nationally adopted traffic engineering practices (M.U.T.C.D.-Manual on Uniform Traffic Control Devices), the speed limit on County roadways shall be set as close as possible to the 85'h percentile speed; that is, the speed which 85 percent of free-flowing vehicles are traveling at or below. In residential areas, the speed limit on paved roadways shall be posted at 30 miles per hour. Page 14 of17 97

104 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January, 2010 Vll. SCHOOL 20 M.P.H. SPEED LIMIT ZONES SCHOOL LOCATION A.M. P.M.* HOURS HOURS ELEMENTARY BEACHLAND SR60 BEACHLAND BLVD 7:45-9:15 2:45-3:45 CITRUS 4TH STREET 7:45-9:15 2:45-3:45 27TH AVENUE 7:45-9:15 2:45-3:45 DODGER TOWN 43RD AVENUE 7:45-9:15 2:45-3:45 FELLSMERE CR512 7:45-9:15 2:45-3:45 GLENDALE 8TH STREET 7:45-9:15 2:45-3:45 IDGHLAND 6TH A VENUE SW 7:45-9:15 2:45-3:45 J.A. THOMPSON 18TH AVENUE SW 7:45-9:15 2:45-3:45 OSCEOLA MAGNET 6TH AVENUE 7:45-9:15 2:45-3:45 PELlCAN ISLAND SCHUMANN DRIVE N/A N/A ROSEWOOD 16TH STREET 7:45-9:15 2:45-3:45 SEBASTIAN CR512 7:45-9:15 2:45-3:45 VEROBEACH 12m STREET 7:45-9:15 2:45-3:45 MIDDLE SCHOOLS OSLO 20TH A VENUE SW 7:15-8:15 2:20-3:20 GIFFORD 45TH STREET 7:20-8:10 2:35:3:10 Page 15 of17 98

105 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY January,2010 VIII. TRAFFIC CALMING ROADWAY 1. soth Avenue 2. 53rd Avenue 3. 30th Avenue FROM SR60 SR60 45th Street TO 26th Street 26th Street 49th Street CALMING DEVICE Speed Humps Speed Humps Speed Humps INDIAN RIVER COUNTY TRAFFIC CALMING POLICY To be considered for traffic calming measures, a County roadway must be a paved, straight and uncontrolled residential street at least one-half mile long, and exhibit the following characteristics. Uncontrolled is defined as containing no STOP signs, traffic signals or other traffic control devices. County arterials, collectors, and other thoroughfare plan roadways designed to promote traffic flow will not be considered. Characteristics (street meets three or more of the following): I. High speed- average vehicle speeds greater than 35 miles per hour 2. Heavy traffic- traffic volume greater than 1000 vehicles per day 3. Cut-thru traffic- greater than 50% cut-thru traffic 4. Crash history- pattern of traffic crashes that would be alleviated by traffic calming measures 5. Pedestrians- within one-mile proximity of school, park or recreation area with high pedestrian activity Once a location has been determined by the Public Works Director to be eligible for traffic calming measures, one or more of the following measures may be applied: I. Speed limit enforcement by appropriate law enforcement agency 2. 4-way STOP control if warrants are met as contained within the Manual On Uniform Traffic Control Devices 3. Speed humps 4. Roundabout, small traffic circles, chicanes or other geometric features to slow traffic, if adequate right-of-way is donated to the County Prior to implementing #3 or #4 above, a petition demonstrating two-thirds (67%) neighborhood consensus must be received and verified. Page17of17 99

106 9A INDIAN RIVER COUNTY SHERIFF'S OFFICE MEMORANDUM Sheriff Deryl Loar January 12, 2010 TO: FROM: SUBJECT: The Board of County Commissioners Indian River County SheriffDeryl Loar~ Resolution in Support of Senate Bill610 and House Bill417 As you are aware, based on a recent ruling by the Public Employees Relations Commission, when there is an impasse between the Sheriff or other constitutional officer and a collective bargaining unit in negotiations on a collective bargaining agreement, the impasse must be presented to the Board of County Commissioners for resolution. The Board recently ruled on an impasse between the Sheriff and the union concerning working hours. The Florida Senate and the Florida House of Representatives have begun debate on the above-referenced legislation. These legislative proposals will specifically identify the Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections and the Clerk of Court as the legislative body of their respective employees rather than the Board of County Commissioners. The attached Resolution states that the Board of County Commissioners supports the adoption of proposed Senate Bill 610 and proposed House Bill 417. Both Senate Bill 610 and House Bill 417 are included with the Resolution for yonr review. I strongly nrge the adoption of the attached Resolution. Thank you for yonr consideration. Attachments: Resolution SB 610; HB

107 RESOLUTION NO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA SUPPORTING A BILL TO IDENTIFY THE SHERIFF, TAX COLLECTOR, PROPERTY APPRAISER, SUPERVISOR OF ELECTIONS AND CLERK OF THE CIRCUIT COURT AS THE LEGISLATIVE BODY OF THEIR RESPECTIVE EMPLOYEES AND NOT THE BOARD OF COUNTY COMMISSIONERS WHEREAS, the Board of County Commissioners of Indian River County, Florida, has made the following determinations: 1. Several years ago, the Florida Supreme Court reversed long-standing precedent by finding that constitutional office's deputies are entitled to engage in collective bargaining. 2. Currently, two Florida Sheriffs (Clay County and Pasco County) have been immediately impacted by the Public Employees Relations Commission (PERC) decision regarding the negotiation's impasse with the Fraternal Order of Police. 3. Both suits are from a situation in which a union has questioned the existing impasse resolution language in F.S (10) because it contains a requirement that a "Legislative Body," in these cases, a constitutional officer, have, among other requirements, the authority to appropriate funds. 4. Based on the PERC ruling regarding impasse negotiation, the Sheriff of Indian River County was recently compelled to present impasse negotiations to the Board of County Commissioner for resolution. 5. The Florida Senate has begun debate on Senate Bill 610 (SB61 0) and the Florida House has begun debate on House Bill 417 (HB417) to identify the Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections and Clerk of the Court as the legislative body of their respective employees and NOT the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioner of Indian River County, Florida: Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: This Board supports the adoption of proposed Senate Bill 610 (SB610) and proposed House Bill417 (HB417). 1 01

108 RESOLUTION NO Section 3: The Clerk to the Board of County Commissioners is hereby directed to send a copy of this resolution to Governor Charlie Crist, the County's Legislative Delegation and the Executive Director of the Florida Association of Counties. Section 4: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this date of, ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By:~-~---~---- Peter O'Bryan, Chairman APPROVED AS TO FOR AND CORRECTNESS By: :-::-::IT.::--'-;;.f!C:-/------: ;:-><---I.:L'~-""'--' Wi Collins, County Attorney 102

109 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB l A bill to be entitled 2 An act relating to collective bargaining; amending s , F.S.; specifying that for resolution of a 4 collective bargaining impasse certain constitutional 5 officers are each deemed the "legislative body" with 6 respect to their employees; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (10} of section , Florida 11 Statutes, is amended to read: Definitions.-As used in this part: 13 ( 10} "Legislative body" means the State Legislature, the 14 board of county commissioners, the district school board, the 15 governing body of a municipality, or the governing body of an 16 instrumentality or unit of government having authority to 17 appropriate funds and establish policy governing the terms and 18 conditions of employment and which, as the case may be, is the 19 appropriate legislative body for the bargaining unit. For 20 purposes of s , the Board of Governors of the State 21 University System, or the board's designee, shall be deemed to 22 be the legislative body with respect to all employees of each 23 constituent state university. For purposes of s L the 24 board of trustees of a community college shall be deemed to be 25 the legislative body with respect to all employees of the 26 community college. For purposes of s , the sheriff, tax 27 collector, property appraiser, supervisor of elections, and Page 1 of2 CODING: Words s!fisker are deletions; words undertined are additions. hb

110 FLORIDA H 0 U S E 0 F REPRESENTATIVES HB clerk of the circuit court shall each be deemed to be the 29 legislative body for their respective employees. 30 Section 2. This act shall take effect July 1, Page 2 of2 CODING: Words slfiskeil are deletions; words underlined are additions. hb

111 Florida Senate SB 610 By Senator Fasano ll l A bill to be entitled An act relating to collective bargaining for certain public employees; amending s , F.S.; specifying that for purposes of resolving an impasse the sheriff, the tax collector, the property appraiser, the supervisor of elections, and the cleric of the circuit court are each deemed the "legislative body" for their respective employees; providing an effective date Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection {10) of section , Florida 14 Statutes, is amended to read: Definitions.-As used in this part: 16 {10) "Legislative body" means the State Legislature, the 17 board of county commissioners, the district school board, the 18 governing body of a municipality, or the governing body of an 19 instrumentality or unit of government having authority to 20 appropriate funds and establish policy governing the terms and 21 conditions of employment and which, as the case may be, is the 22 appropriate legislative body for the bargaining unit. For 23 purposes of s , the Board of Governors of the State 24 University System, or the board's designee, is sfiall ee deemed 25 to be the legislative body with respect to all employees of each 26 constituent state university. For purposes of s the 27 board of trustees of a community college is shall se deemed to 28 be the legislative body with respect to all employees of the 29 community college. For purposes of s , the sheriff, tax Page 1 of 2 CODING: Words s'!:riclteh are deletions; words underlined are additions. 105

112 Florida Senate SB collector, property appraiser, supervisor of elections, and 31 clerk of the circuit court are each deemed to be the legislative 32 body for their respective employees. 33 Section 2. This act shall take effect July 1, Page 2 of 2 CODJ:NG: Words striel:en are deletions; words underlined are additions. 106

113 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION /fj/31- Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section (10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section (2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Frank Zorc ADDRESS: th Avenue, Vero Beach PHONE: or SUBJECT MATTER FOR DISCUSSION: Communications between County and Piper, unavailability of communications, appearance of sunshine law violations IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION DYES ~YES DYES ~NO DNo ~NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D YES WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Ability to view all communications between Indian River County and Piper EJNo Transmitted to Administrator Via: Interactive Web Form Fax Mail Hand Delivered Phone MEETING DATE: F:\County Admin\ExecAsst\AGENDA\Public Discussion Items Form. doc Board Approved 1117!06 107

114 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION /0!3 :;_. Any ol'ganization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section (10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section (2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Brian Heady ADDRESS: ' Street, Vero Beach PHONE: SUBJECT MATTER FOR DISCUSSION: Issues Related to Vero Beach Electric Utility IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION CJYES CJYES DYES ~NO ~NO ~NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D YES DNo WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Traosmitted to Administrator Via: Interactive Web Form _X_ Fax Mail Haod Delivered Phone MEETING DATE: F:\County Admin\ExecAsst\AGENDA\Public Discussion Items Fonn.doc Board Approved lln/06 108

115 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section (10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section (2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Bruce Barkett, for City First Mortgage Corp. ADDRESS: PO Box 3686 Vero Beach, PHONE: SUBJECT MATTER FOR DISCUSSION: Matter of Lewis Barton Code Enforcement IS A PRESENTATION PLANNED? EJYES DNO IS BACK-UP BEING PROVIDED EJYES DNO IS THIS AN APPEAL OF A DECISION DYES EJNo WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Reduction of Lien ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D YES DNo WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form Fax Mai~ Hand Delivered Phone MEETING DATE: 109

116 BRUCS:: D. BARKETT CALVIN B. BROWN GE::ORGE G. COLLINS, JR.* JANET CARNEY CROOMAt MICHAEL J. GARAVAGLIA RONALD KEITH LAWNol<*ll. LISA N. THOMPSON***o AARON V. JOHNSON C. DOUGLAS VJTUNAC GoUin, BroWl!ll, Caldwell, Barkeu & Garavaglia CHARTERED PJ'TORNEYS PIT LAW 756 BEACHLAND BOULEVARD, VERO BEACH, FLORIDA POST OFFICE BOX , VERO BEACH, FL TELEPHONE: R:I.CSIMILE: WEBSITE: WILLIAM W. CAL.DWEU..., OF COUNSEL STEVEN L. HENDERSON, OF COUNSEL tboard CERTIFIED CONST/l:UCTION LAW ~BOARD CERTIFIED REAL E$'00 umaster OF LAWS "ll'.xallon *UMASTER OF LAWS REAL PROPERTY OEVE..OPM~ 4ALSO ADMITTED IN AR Ll.ALSO A.OMITTfm IN DC AND SC DAL.SO ADMJTT 0 IN THE COMMONWEALTH OF ~ ~ January 13,2010 Joseph A Baird Indian River County Administrator Indian River County Administration "' Street, Building Vero Beach, Florida INRE: Dear Joe: Matter of Lewis Barton 2025 Surfside Terrace V ero Beach, Florida This law firm represents City First Mortgage Corporation with respect to the above referenced Code Enforcement lien. You are aware this matter was recently brought to the Board's attention by another law firm, but due to a misunderstanding and miscommunication, nobody attended the hearing on behalf of City First Mortgage Corporation. Consequently, the Board was not presented with any evidence with which to make a decision. City First Mortgage Corporation is a small private mortgage lender. It is, in fact, a family held business. Accordingly, City First's loan to Barton has been a nightmare. City First has been forced to litigate foreclosure and other issues for over six ( 6) years, including several appeals, to the end result that it finally obtained a Final Judgment and was awarded title to the property at the foreclosure sale. REAL PROPERTY LAW & REAL ESW"E CLOSINGS ZONING & LAND USE WIU..S, l'rust & ESW"E PLANNING CNIL & BUSINESS irlal PRACl1CE CORPORATE & BUSINESS ORGANJZISJ'IT 1 0 CONSTRUCDON LAW o INSURANCE LAW ADMlNISTR.IU'lVE & GOVERNMENTAL LAW PERSONAL INJURY WRONGFUL DEPJ'H CRIMINAL PROBAJ'E & l'rust ADMINISTRPJ'ION

117 Joseph A. Baird January 13,2010 Page Two I enclose a copy ofthe Final Judgment for your distribution to the County Commission. It is a complicated judgment due to the length of the litigation and the nature of the damages. However, you will see on page 6, in paragraph D., that the Final Judgment amount is $1,238, I also enclose a copy of the Contract for sale of the house. This Contract is scheduled to close on January 29th. You will see that the Contract purchase price is $960,000.00, which is $278, less than the Judgment amount. In addition, I have been told my client that it has incurred significant other costs which are not reflected in the Judgment, but you can see just between the difference from the Judgment award and the Contract amount that City First will be losing money in this transaction. The purpose of this letter to offer the County $90, to settle the Code Enforcement liens against this property. It would appear that the Code Enforcement action has served its purpose: the property has been or will be brought up to Code; this $90, will reimburse the County for its costs in doing so; and the wrongdoer- -the original property owner- has been evicted and has taken nothing from the transaction. Certainly, City First was not the wrongdoer in this debacle, but is simply trying to get this property sold to a buyer who will replace the existing mess with a home which is in compliance with the law, and whose owner can begin to pay property taxes accordingly. '~ BRUCE BARKETT For the Firm BB:sm Ends. 111

118 ~-.-,: )~,mn~(":r-',/; :::'.- -,_:: :_: :_;...:-;:-:,_ :-,~-~:~as5 6.;:-.'R corded IN THE RECORDS OF JEFFREY K BARTON, R'IvER'"Co-,FL, BK: 2335 PG: 1751, 04/17/ :11PM., =<>=«-'~? tj IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA {/ CITY FIRST MORTGAGE CORF., v. Plaintiff, LEWIS BARTON, NATIVE COUNTRY BROADCASTING & PRODUCTIONS, INC., INDIAN RIVER COUNTY, FLORIDA, PILING PRODUCTS, INC., WILLIAM B. And JANE BOSWELL ROBINSON, BARKER ELECTRIC AIR CONDITIONING AND HEATING, INC., STORCH & MORRIS, P.S., THE TERMINAL MARKETING COMPANY, INC., MARSHALL ENTERTAINMENT NSURANCE, INC., and all other parties in possession, Defendants. r SECOND AMENDED F:NA~GMENT i..! - ' " c This matter came on to be heard on Marcfloo9, on the plaintiff's Motion for Entry of Amended Finai Judgment. Motion for Ano/'Fees and Costs for the original trial, and Motion for Appellate Attorney Fees and Co.~lS and Post-Judgment Fees, and the court having heard the testimony of the witnesses and~fng reviewed the evidence and the court file and making the following findings of fact; I I. On May 25, 2006t'!J:"' court entered a Final Judgment in this mortgage foreclosure case. The coun fj:pciosed the mortgage awarding the plaintiff $900, in principal plus accrued interestlfrom July 1, 2004, through the Final Judgment, less payments\., made by Lewis Barton and escrows in the sum of $98, The court also found for the t..., # f) ly defendant/counter-plaintiff, Lewis Barton, on his claim that the plaintiff had violated the Florida Deceptive and Unfair Trade Practices Acl, and awarded him $312, in damages. This t 112

119 t amount was set off from the sum awarded to the plaintiff. The court reserved jurisdic tfto,/j, detenni:~ atto::~:e~:di::~:; litigation ""' pending llie mortgaged prop!juffercd substantial damages as a result of two hurricanes. Pursuant to the plaintiff's IZf6tions the trial coun entered orders on November 18, 2004, and August 22,2005, whichie 1/7' the insurance proceeds from this Joss be paid into llie trust account of Barton's attorney./. result oflliese fj orders $1,277, was deposited into the trust account of Barton's Wtsel. As pan of the original Final Judgment the court authorized these insurance proceeds be used to pay the sum due and owing to the plaintiff with the balance of the funds to remain in trusl 3. On June 29, 2006, the parties entered into a stipulation concerning the release of a portion of the monies held in trust. Under llie terms of'jl agreemen~ City First received ;, $900, on the condition that the acceptance wou(?jop the accrual of the continuing per diem interest on this amount. The parties also agrec;rl::t..ftat Barton would receive $ &5 as a distribution from llie trust account and the bal;uthe funds would remain in trust pending the resolution of "the motion for rehearing anutional post judgment proceedings and any appeal including resolution of attorneys fe d costs unless otherwise agreed by the parties. The court entered and order approving 1 4. On April , this court entered an additional order directing the payment of llic 2004 property taxes in the arnj$t!;r $15,332.73, be paid from the $188, being held in trust. As of the date of the en~{ of this order there remains $173, held in trust. These funds are being held by Calvin B. Brow~ counsel for the plai.ntiff. 5. Both parties appealed the Final Judgment en[ered by the trial court. In City irsl Mortgage v. Barron, 988 So.2d 82 (Fla. 4lli DCA 2008} llie Fourth District Court reversed llie Page 2 of9 113

120 portion of the final judgment which awarded Banon $3!2, for his FDUTPA #. claim. The court went on to hold; We also find error in the uial court's failure to award the lender interest from the inception of the loan. While the trial coun detennined that the lender was not able to tf' foreclose the mortgage until July 1, 2004, the borrower stil1 owed interest for the entire life of the Joan. Smiley v. /) h' Manufactured Hou.s. Assocs, //1 Ltd, 679 So.2d 1229,,#' 1232 (Fla. 2d DCA 1996). The original interest mte shoul! be applied from the inception of the loan through June 30, 2004, and the default rate from July I, 2004 through the final judgment. We therefore reverse and remand the case to the trial court to recalculate the amount of interest owed to the lender. /1 /1 /;~I The promissory note which was admitted as Plaintifrs #8 and is the subject of this foreclosure has an interest rate of 10.99% per annum. ~~ate specifically provides: In the event the holder exercises the option to _z{leleratc the indebtedness, as hereinabove provided, then the principal of th~ PJOmissory Note and all accrued interest thereon shall bear interest from ih~date of acceleration at the maximum amowlt allowed by Applicable la'yf'l" Ifthis note is converted into a final judgment then interest shall continue trfas ~rue on the principal at the highest rate allowable under law, afier en![, ' 9f'a final judgment of foreclosure rate through the date of the clerk's sale. Jh fjidition, after maturity hereof, the principal of the Promissory Note and all~'i.rued interest thereon shall bear interest at the maximum ammmt allowt"..d by Applicable laws. When this note is in default, interest shall accrue at f{e)ighest rate allowable under Jaw. If this note is converted into a final jud!!if then interest shall continue to accrue on the principal at the highest rat allowable under law, after entry of a final judgment of foreclosure rate ugh the date of clerk's sale. The highest rate allowable by law r~;ps $900, loan is 25% per annum. 7. On July 16, 2008)//f[District Court entered an order granting City First's motion for attorney fees conditioned J! the trial court determining that City First was the prevailing party. The Mandate was issued on September 19, City First is the prevailing party in the appeal and is therefore entitled to an award or reasonable fees and costs. Page 3 of9 114

121 PG: In accordance with this court's Final Judgment dated May 24, 2006, as m~ by the decision of the Fourth District Court of Appeal dated July 16,2008, the court ~etermines -r that the appropriate interest be awarded to the plaintiff, City First Mortgage Corp. Jaws: Description ~..! Interest from promissory note date of 9104/03 to a/ note rate of 10.99% on $ principal amount (300 $ per diem) Interest from default date of7/j/04 to initiulfinaljudgmenl date of rate of 25% per annum an $ principal amount (692 days X $ per diem) t!" ~ii 1, I ' 426, Credit for escrow amounts paid by Bar/on pursuant to trial court~ finding of fact in final judgment Total Interest Amount Due/or Amended Final Judgment t (98,685.86) $ 409, To/a/ Final Judgment Amount inclusive of$900, cipal $1,309, lnlerest on Final Judgment amount of$ I,3_09, I j qpr /o 6130/06 date of principal repayment at flj}fa;/r rate of25% per annum (36 days X $ per diem) lj ;/ '! ;/ Credit/or $900, payment on 6130/06 KJI $ 32, (900,000.00) I~ -~ :) Net Amount of Amended Final Judgment ~ing Interest from 7/J/06 S I 9. The court finds that thra:taintiff's attorney. Michael J. Higer. Esq. reasonably expended hours as trial cojj,orthe Plaintiff at 11 reasonable hourly rate of$ per hour. for a total fee of $136,8/}$. The Plaintiffs attorney. Fred L. Kretschmer. Jr. Esq. reasonably expended 278 hou~s trial counsel for the Plaintiff at a reasonable hourly rate of $ per hour, for a total fee of $48, The Plaintiff's attorney, Calvin B. Brown, Esq., reasonably expended 40.4 hours as trial counsel for the Plaintiff at a re2sonable hourly rate of $ per hour, for a total fee of$14, The court finds lhat the Plaintiff's appellate anomey, Jane Kreusler-Walsh, Esq., (» / Page4of9 (;, r~ f II ;; II (/,;o t 115

122 1755.n reasonably expended ho~s as appellate counsel for the Plaintiff at a re=mablefjf $ per hour. The Plamuffs additional appellate anomeys. Barbara Compaaru, Es«om the law offices of Jane Kreusler-Walsh, P.A. reasonably expended 8.6 hours as appej~unsel for the Plaintiff at a reasonable rate of $ per hour. Further. the Plainr. additional appellate attorney, Rebecca Vargas. from the Jaw offices of Jane Kreusifr-Walsb, P.A. reasonably expended 12.5 hours as appellate counsel for the Plaintiff at,~~onable rate of $ per hour. Further, the paralegal's for appellate counsel reasonabli)(pended 5.64 hours at a reasonable rate of $75.00 per hour for a total appellate fees of $70,42J?'OO. 11. In accord with the itemized attorneys' fees set forth in paragraph 2 and paragraph 3 above, the Plaintiff is entitled to a recovery of total attorney fees in the amount of 5270, In addition to the attorneys' fees outlined abovqthe Plaintiff is also entitled to P")i recover its trial and appellate cosls incurred in this a~ffn ~hich are itemized in Plaintiffs Exhibit #7, which the court finds to be $9~50.44 for6ellate costs and $14, for tria) costs fora total of$24, n 13. The Plaintiff is entitled to the entry/.'' Amended Final Judgment for the above referenced amount of $441,501.80, together ~Yomeys' fees of $270, and costs of $24,173.72, for a total amended fmal judgm~t~owlt of $735, that shah accrue interest at 25% per annum from July I, lnte/9n this amount ($735,692.77) from July 1, 2006 to //"'' March 30,2009 (998 days) at a per di7f of$503.90, equals $502, The total Amended!I Final Judgment amount shall be $1,238, The post-judgment accrues at the 25% per " annum rate as the underlying toarjj;.&cumcnts sp~cifically provide that post-judgment interest,.. shall accrue at the highest rate a~piwed by Jaw, which is the default rate of25% per annum. See Whitehersrv. Camp. 677 So.2d!f36/ (Fla. I" DCA /996). 14. Calvin B. Brown, currently holds a sum of $173, in his escrow account. The court finds it is appropriate to order Mr. Brown to pay this amount to the Plaintiff as a credit toward the amounts due to the Plaintiff as set forth herein. Page 5 of9 #./ t 116

123 ORDERED AND ADJUDGED as follows: A. The Plaintiff, CITY FIRST MORTGAGE CORP., Defendant, LEWIS BARTON (2025 Surfside Terrace, Vero Beach, Indian R;~~ounty, Florida, SSN: Marcy 30, 2009, at 25% per annum. the total amount of$1,238, which shall accrterest from B. Calvin B. Brown, is hereby ordered to pay to the Plaintiff the sf/;jj!jf$173, which Mr. Brown is holding in his escrow account. The check or drafi sh~'6., made payable to City First Mortgage Corp., within three (3) days of the date of this Aninded Final Judgment. The payment of the $I73, amount shall be applied by the Plaintiff as a panial payment against the total amount awarded to the Plaintiff in this Amended Final Judgment. C. The Plaintiff, CITY FIRST MORTGAGE CORP., holds a lien for the total sum set forth in paragraph A superior to any claim or estate ofla~defendants, LEWIS BARTON, NATIVE COUNTRY BROADCASTING & PRODUC1:fONS, INC.. PILING PRODUCTS, INC., WILLIAM B. & JANE BOSWELL ROBINSON~ORCH, HANSEN & MORRIS, P.A., nlk/a STORCH & MORRIS, P.A., THE TERMINJ(; MARKETING COMPANY, INC., and jl " MARSHALL EKTERTAINMENT INSURAN<; ~ )i~c. and any other persons or entities i " claiming or asserting any interest in the Mong~~1Propeny since the filing of the notice of lis ::~:: in this action on the followj~ n~ifoed property Located in Indian River County, Lot 13, SURFSIDE E A TES, according to the map or plat thereof as recorded in lat Book 6, Page 62, Public Records of INDIAN RIVER C~l TY, FLORIDA (the "Mortgaged Pro e<tg") D. If the total sum s;fll:'orth in paragraph A of $I,238, together with all interest accruing from the w e of this Amended Final Judgment and all costs accruing subsequent to the entry of this Amended Final Judgment are not paid to the Plaintiff. the Clerk of Court shall sell the Mortgaged Property nt public sale on _l,.f<.!.<!,&...l,..,~iz..l at II :00 A.M., to the highest bidder for cash, except as described t the Indian River ffi"fty " Courthouse, lh Avenue. Vero Beach, Indian River County, Page6of9 117

124 1757 Florida, in accordance wilh of lhe Florida Slatules. The P!ainlif! shall advance emended final judgmenl cosls incurred in lhis aclion and shall be reimbursed for such a:: t a the Clerk of Court if the Plaintiff is nor the purchaser of the Mortgaged Property,to/} above referenced. judicial sale. If the Plaintiff is lhe purchaser of the Mortgaged Propert~~judicial sale, the Clerk shalj credit the Plaintiffs bid up to the amount of this final ju{gment together with interest and costs accruing subsequent to the entry of this amended fin~jt.tigmcnt~ or such part of it, as is necessary to pay the bid in full. The foreclosure sale sh~l~t occur unless a /.' representative of the Plaintiff is present at the time of the sale.!/ E. Upon the filing of the Certificate of Title, the Clerk shajl distribute the proceeds of the sale, so far as they are sufficient by paying, first, all of the Plaintiff's post-amended Final Judgment costs; second, documentary stamps affixed to the Certificate of Title; third, the tota1 sum due to the Pl~tiff, less the items paid, plus interest fn the entry of the Amended Final Judgment to the date of sale; and shall thereafter retat n y surplus proceeds pending further order of this court. The Clerk shall immediately report e 1 amount of any such swplus, if any. to -fl the court for entry of further orders. further. in the ~ent that the amount realized from the sale //,} shall be insufficient to pay the total amount d_~/ >,f the Plaintiff. the Clerk shall repon the deficiency to this court for such other further orp,g~{tbat this court deems just and proper. ' ;~ F. Upon filing the Certificate ofi~tle. the Defendants. LEWIS BARTON, NATIVE f.f ";\ COUNTRY BROADCASTING & PROD~iC:JliONS, li'c., WILLIAM B. & JANE BOSWELL /.!~::? ROBINSON, BARKER ELECTRIC ifl. CONDITIONING & HEATING, INC., STORCH,.'/ HANSEN MORRJS, PA., nlk/a STORCH & MORRIS, P.A., THE TERMINAL MARKETING COMPANY, INC., MARSHALLP,trERTA!NMENT INSURANCE, INC., and all persons claiming under or against said lfendants since the filing of the notice of lis pendens shall be foreclosed of all estate or claim9i"n lhe Mortgaged Property and the purchaser at the sale sbal1 be let into possession of the Mortgaged Property. G. In accord with the decision of the Fourth District Court of Appeal dated July 16, Page 7 of9 118

125 t..(l 2008, the Defendant, LEWIS BARTON, shall take nothing on his counterclaim and the PI n, BK: 2335 PG: 1758 CITY FIRST MORTGAGE CORP., shail go hence without day as to all causes o f,;on asserted in such counterclaim. {) H. NOTICE PURSUANT TO AMENDMENT TO SECTION 4~HLA. ST. (2006). IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, TH /;m MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT ~~<SONS WHO ARE El ititled TO BE PAID FROM THE SALE PROCEEDS Pi:'~U~NT TO THE FINAL JUDGMENT. IF YOU ARE A St:BORDINATE LIENHO~~ER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN SIXTY (60) DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. IF YOU ARE THE PROPERTY OWNER, Y~TA Y CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HA? A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HA"UO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO C~M ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH 7J'?! CLERK OF THE COURT, " AVENUE, VERO BEACH, FLORIDA 32~M~LEPHONE: ), WITHIN TEN (10) DAYS AFTER THE SALE TO SitE IF THERE IS ADDITIONAL MONEY //'il FROM THE FORECLOSURE SALE 'I;{L):'f THE CLERK HAS IN THE REGISTRY OF THE COURT. //"",, IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEOI'iE TO HELP YOU CLAIM THE ADDITIONAL Mcihi'Y, YOU SHOULD READ VERY CAREFULLY ALL!!-' " PAPERS YOU ARE REQUI'n TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING A.'ID TH.AT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY t?f'jorney, YOU MAY CONTACT FLORIDA RURAL LEGAL Page 8 of9 119

126 BK: 2335 PG: 1759 t SERVICES, 200 S. INDIAN RIVER DRIVE, SUITE 101, FORT PffiRCE, FL9J (felephone: ),TO SEE IF YOU QUALIFY FINANCIALd\,rOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MA Y~E IJ:.E TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGG T OTHER OPTIONS. IF YOU CHOOSE TO CONTACT FLORIDA RURAL LEG [SERVICES, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OFI/rJf!JS NOTICE. I. The court retains jurisdiction of this action and the partiej}t:r the purpose of entering any further orders including, without limitation. the entry of an{deficiency judgments and/or writs of possession. County, Florida. Nunc Pro Tunc, March 30,2009. Conformed Copy furnished to: Calvin B. Brown, Esq. Fred L. Kretschmer, Jr., Esq. Michael Higer, Esq. William G. Collins, Esq. Louis B. Vocelle, Jr., Esq. David A. Cairns, Esq. Glen D. Storch. Esq. Eugene J. O'Neill, Esq. Piling Products, Inc. Marshal) Entertainment Insurance, ID~ The Tenninal Marketing CompanyitJ>t:' Jane Kreusler-Walsh, Esq. /1 David E. Peterson, Esq. II {'/ City First Mortgage Corp., Creditor 5821 Hollywood Blvd., Suite 200 Hollywood, FL Lewis Barton, Debtor 2025 Surfside Terrace v~-l Page 9 of9 # :; t 120

127 . l.~ ' PARnES AND DEscRIPTION OF PROPERTY "' i. saw; Aflo PUt;iC!irAst;:, c...,~;<=~7:":"~~~~~..f!;!:!e~g,gl~-e---~~~- ~ ~"'~~ ~m :3' ' v 4 5"' f l".,. ~ 1'Cl:' wa~~~~~ t2~ 1.. lw {.:t 15. 1~ g, Pi.JRCHA$E p~jqi:': ~-...::9.::.Go"''"' o~:.i!~.i!c;:,. ;=;,iill,._. 1r w w. S!fJi.. ~1!a) $:'--~,..; g"'u:;, -"''""o:"'lio'"'."'o"'a ~ (b) $ -~~~-"Q"-'; G=.Q zy?<' ( ).;,;,.~~--.., ,u'"'. :w (d) $c... _'-'s""ii"',"$"':_..""oll!~o;.; : -~D-o,_.., 2ii> ftl fe)$ --.-;.~~~-~:o..!-.-"'qllo;;_.,,,_,..,..~-~.wlli j:ffi\'c:a?flfofthi! f>mper\y Willi 1i\iitictng ~OOcy-. ~t'.the c~ illffier:rt(s) or ipprm>al(s). ~ below (the..... ~.. tiumaltinte~tj<l!:lies. ~~~~~-~~- elth<irparjy may carre :tllis~ct ~rtgagebrokertb. :.:. ~~=~$~1$~~=::Su!i~:a=rth~~~ ;1({2) Seller Finan<:ioo> &:iy!if wm execute a ')ii( 1\r: ti second p~@e rnooso/ note. and mqrt~ to Sel~r i()

128 st option W Buyer defauns; Will give Buyer the right to prepay without penalty all or part of the prtncipal at any iime(s) With 52 interest only to date of payment; will be due on conveyance or safe; will provide lor release of contiguous paroels, ~ 53 applicable; and will te::jtlire Buyer to keep ffabijlly insu-ance on the Property, with Seller as additional named insured Buyer 54 authorizes Seifer to obt?m croon, erriployment and oiher necessary information to determine creditworthiness for the ss financing. Seller...;a, Wi!tin 10 days from Effective Date, give Buyer written notice of Whether or not Seller will make the loan. 56' 0 (Zl) Mortgage Assumption: Buyer will subject to and assume and pay existing first mortgage tc or sa lnii in tile approximate amqunt of $ currently payable at 59' " 65 $ per month including prtnclpal, interest, Q taxes and insurance and having a Q lil<e9. Q other (descrite) --:...:..-.: interest rate cf % Which 0 will o will not escalate upon assumption. Any varlance in 11)(>. ir\or;tg~e will be ad'justed in the balance due at closing with no adjustment to purchase price. Buyer wilt pu~-~eller's escrow account dollar tor dollar. If the lender disapproves Buyer, or the interest rate upon transfer ~ ~% or the assumption/transfer fee exceeds $. either party mey elect to pay the l>,ces.s,.'fai!lng which this agreemettt wra terminate and Buyer's deposn(s) will be returned... '< >,:. ;:::. :.:'_;:.: -;;:::':. ':... ::.::::-.:.:. ":.:::;..:.. :.. : ~. ~. ;. :, ~.: ::. =.;., CLOSING. : :.\:~::,, er 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the.deed.and possession de!iverbli :on Januarv 29th f'oosing Date"). Unless the Closing Date is ~y xtencied by!he Buyer and.sel!e.r or "' by any o!her provision in this Contract, the CtosfDg Date shall prevan CNer all 0\(IElOiroe Peliods. incluctlng, but not fimlted 10, ro flnancing and feasiblilly stt.dy periods. If on Ck:Jsilg!)ate insurnnce underwriting.il'.s~~. Bt.lyer ry1ay postpone closing up to n 5 days after 1he insurance suspension Is lifted. If this transaction does npt <;1\l~ ~'ll.qy _reasqt, ~!ly~ wil lnmec!alely return all 12 Seller-prcMcledtitle evidence, S!JIW'fS, association documenis anct other items. :_ :.:. ::.:_\\ ;, ;<: :.;., rn 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where:~~~~~~-~ and may be conducted 74 by mail or e!ectro!lic means. _If title instjrance Insures Buyer (or title defects atising be~. ihe._titre binder effective date and,. recording of Buyer's deed, closi1g ageilt wm cllsbtmw at c!o!;jnji.1fle1jjet sale proceeds to s~rllr (in!ocal cashier's clled<s if Seller "' requests in writtlg at least 5 days pier to ciosing} and brokel<\iie.lee!; tq. E.l!Pker as per ParagraPh 17; irl addition to other expenses n provided In this Contract, Seller and Buyer will P"f the co~~~-~--:.. ~ (a)sellercosts:.:.c-:;-,-;,... ' "' Taxeson1hedeed., :;......,:.:';\._'." :_:_~-\X.> - "' Reco1dlngCeestordoeumenfsneededtocure1itle -,.: :.'.<:.,: :;.: ;.:'...';:: 81 Tille evidence (lfappficable under Paragraph 8) -~., : >.: ; '., ; ~ ;_.. : : ~ a~--~~ ~~~~~----~~~~~ (b) B!lYer Costs:...,;-::::;:.,:..... TaxeS and recording fees on ~>lnp n:iprt.u~ : : < as Recording fees on the deed a{ldfuancing $~ as Loan expsnses.:... :!,.::~).:, :::- ~--~~;::~:-::.' : =sketch "' Lender's!rue policy at!he ~neous ~iaie:._: : :,::\~li.(:}\\t;~~:p:'~:<.:":.. 91' Olher:..,. '...,..,:' e2 (c) Trtle Evi<:l~ti9e.iml:l.lnsuranCe;":~.('l).or (2); 93' )((1) }11.iitle_~~-y.;y be a P~l) (l(a)(1) owrer's title Insurance oomrnilment o Seller wil select the tille agent and 94.. ::Wif.P,ey.for the.~q.~poficy, seamfj. "examrnation and refated charges a o Buyer 'Nil! select the 1itle agent and pay for 95', ~. '-':lh".l>wner's 1itle PQI.ic;)\ ~.h. examination and related chefij's or Q Buyer wii select the title agent and Seller V>ill pay for oo. ~: >~.'~. ~:~tn?:owners title policy,_~qh. examination and related dlarges. 97' "'.\\0 {;lj.~er will proiiicle M :apstract as specified In Paragraph 8(a)(2) as title evidence. 0 Seller o Buyer wii pay for the 98 3>~J:?.Jw\1 ~ lll]d~~t. the title agent. SeUer wil pay fees tor title searches prlor tc closing, Including tex search and oo lieq ~fees. and~cwil pay fees for title searches after ClOSing (a any), title examinalion fees and closing fees. 100 (d) PrOfa.ti~_:i]Je ~-items will be made current and prorated as of the day before Closing Data: real estate taxes, 101 lnterest,"b~,',i!~m(lnts. teases and other Property expanses and revenues. If taxes and assessments for the Clllrent 102 year cannot be 'de!etrmined, the previous year's mtes wili be used with adjustment tcr any exemptions. PROPERlY TAX too DISCLOSURE{Sl(MMARV: auyer SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE 104 AMOUNT OF PROPER1Y TAXES THAT BUYER MAY BE OBUGATED TO PAY IN THE YEAR SUBSEQUENT TO tos PURCHASE A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS lriggers REASSESSMENTS OF THE tos PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY OUESllONS CONCERNING 1or VAWATION,'CONTACTTHE COUNTY PROPERTY APPRAISER'S OFFICE FOR RJRTHER INFORMATION. tos {e) Special ~mem by Public Body: Regarding. special assessments, imposed by a public body, SeNer will pay (ij the full 109 amount of liens that are certiffed, ~ed and ratilied before closing and the amount of the last esllmate of the assessment 110 Buyer L-.J L-J and Seller c.l!:...j L_j acknowfedga receipt of a copy of this page, which is Page 2 of 7 Pages. VAC-9 Rev Florida Assodalion of flealtors" An Rights Reserved ~~ This software; 1a licensed to [Cheryl Gerstner - Palm. Pointe Realty} www~ transac.tiondask.cm~t.... ::. 122

129 n 1 if an improvement is substantially c6mpleted as of E!fectlve Date but has not resulted In a fen before dosing, and Buyer will pay n2 all ather amounts. If special assessments may be paid in lnstaffments 0 Buyer)8( Sef/er (lf left blank. 8uye!) shall pay insiallinents 11a due after closing. If Seller is checked, Seller will pay lhe assessment in fuu prfor to or at lhe time of dosing. Public body does n not include a Homeowner ksociatlon or CondominUn Associalion. 115 (f) Tax Withhoiding: If Seller is a "foreign parson as datlned by FIRPTA, Section 1445 of lhe Internal Revenue Code us requires Buyer to withhold 10% of me amount reafged by me Seller on me transfer and remit lhe withheld amount to tha n7 Internal Revenue Service (IRS) unless an exemption applies. The primary exemptions are (i) Seller provides Buyer With an 11s affidavit that Seller is not a "foreign person', (2} Seller provides Buyer with a Wl!hholding Certificate providing for reduced or us eliminated withholding, or (3) the gross sales price is $300,000 or less, Buyer is an incfjviduill Who purchases ltle Prope<ty to 120 use as a residence, and Buyer or a member of Buyer's family has delinite plans to reside at me Property for. at least 50% at 121 lhe number of days the Property is in use during each of lheiirst two 12 month pariodsaitertransfer. The t(lsr~ Suyer 122 and Seller to have a U.& fedem! taxpayer identification number ('11N"). Buyer and Seller agree to SX?QW!! <)l]d delmer as 123 directed any Instrument, affidavit or statement reasonably necessary to comply With RRPTA requfrefl.l!'!)ts. ~ng applying 124 for a TIN within 3 days fi'om Effective Date and delivering their respective TIN or Social Sea;rity 11Ull1i;>Ei<S ip:tne.ciosilg,ti(jent 125 If Seller applies for a wtthhoi:jlng certificate but the application is strn pending as of c!osing;.~t-~i,p!~~;m.~.)q% tax in 126 escrow at Seller's expense to be disbursed In aocordence with the final determination of the lfl$, PJ:QIIjded ~!'!lll~~.rs}juesls 127 and gives Buyer notice of the pending appllcalion in eccordance With Section If Buyer ctq?.s.notpay sl)fl!91@n!.pi l~ at 12a dosing to meet me withholding requirement, Seller will deliver to Buyer at dosing the lldff\ionaj cash necessery.w~ji)e 129 requirement Buyer will timely disburse lhe funds to the IRS and provide Seller with Q\lPl\lS ohhe tax forms and r~_;.y_ : ' {g) 1031 Exchange: If either SeRer or Buyer wishes to enter into a ike-kind exchilri~.(elilher simulla!leou$ly with cl~ng or 1a1 alter) under'section 1031 of the Internal Revenue Code ("Exchange''). the o1f1er.p&_rty-will oooparate in all reasoilabfa rospelc[s 132 to effectuate the Excl)enge incflldlng execuling docurnems; provided, howe~er. m;n.lhe cooparatlng party will incur no liability 133 or cost related to the Exchange and thet the closing shalf not be oonfinganj: jipon; i:ll<tended.or.ctelayed by 1he Exchange. 134 PROPERTY coi'idm<;;t.i'::'kt'\.c <~X''< 1as 6. LAND USE: Seller wm deliver lhe Property to Buyer at the lime agreed i~ ltll'p.!~!)t:'.as is" condition, with condili()ns 136 resulting from Buyer'~> Inspections and casualty damage, If any, excepted:'~.el!!lr.;wlll.malntain the landecaping and 13T grounds In a comparable condition and will not engage in or permit any activity tl\at WP\ll\1!Jlaterlally alter 1he Property's sa condition Without the Buyer's ptior written consent.,_..:, ; ;. ~ - ;_. ;:~<; }. 1S9 (a) Flood Zon&: Buyer is advised to verify by survey. wlth.;!h~.lroder and with appropri,ate. government agencies Which 1<o Hood z~:>ne_the Property is in, Whether flood lnsuran~. ip.f~~-~-~ ~'r\-~ctlons appf,tf> Improving_ the Property and 1 1 rebofldingrn lheeventofcasuatty.. '.-.., "...,... ' ' 142 (b) Government Rtlgulation: euy:er is advised th;rt:clj;;ij~ ~ '-~~~~-'l'f:l9ulations. and 1eve1s ot service whfch 1.a affect Buyer's intended use at the Property wrll notitifijji\:1unds loj:'(jejt1wli!:1g.'tl)is Contract if the Feasibffity Study 144 Period has. expired or if Buyer has checked choice (c)(21 ~~\lr.. /';:::<'~.::: ::, ~.: :~.. : : 145 (c)ln_$pections: (check (1) or(2) belo"1. >_:.: :'-:;;';...':: '-'..':".. 146' )((1) Feasibility Study:. BuyS{ l(i'hf,;a~:f!:uyer's 6Xp8llSf?.~.~i\(l!l;l..:...L deys tram El'fec:live Date \ryasb!tiiy Study,.,_ Pertod"), detennlne Whether.,l(l~.:PrPpeW c<l.suitable, in '!311Y!\'!:'~.. so/e and. albeolute discrelion, for real.d~t:ial 1<a...!-!~e,');Ju!J,1/)!> feasibiltty ~;i?efiod, Buyer may oonduct a Phase I environmental 149 assessment and any ot!j!lf~ls,- ~~,- ~eys and inv:~s {"Inspections") that Buyer deems necessaiy to 100 determine to Buye(s:ila!i9faction the<l'!(~s engineenng,';architectural and ertliironmental propet:ties; zoning and 1 zoning res1lict~; 'inai~9n stat~~~.f.lf!d ;{JI'ljQ(l;_.waila!Jilfty of access to public roeds, water. and other utlfties; 152 consistency with local;';~-~- rm:;~;gc>wj!j;~t plans; aval'l!billty of permits, go~ approvals, and 1ss licenses; and other ~[Qlls,'\l.l~:E!!,lyer;~m~ 'appropriate to determone the Property'S suitablltty tor the Buyer's 154 intended usa n the Pro~. )1:1~ ~;\ezoned,'btjyei'wiu obtain the rezoning tram the appropriate government agencies. 1ss Seller wil.l!ioo.all docurnerns,ll.l!y!'r=~ ~ to file in connection with developrneht or rezoning approvals. 1 SB Se!l!lr.~:!i!UY:~r, its agentr;;!g)pirn,~_and asslgns, the rght to enter lhe Property at eny time duling the Feasibiftty 1sr s.woy:~r:!p.i;l:i9f.1he ptx.pose of'~iqg.lnspections; pro\lided, however, that BUyer, its agents,_contractors and iss..~~9s.'enter:j!j;e,:!"-(or~ and corl!:(t.i~:f{i)sileetions at their own risk. Buyer will indemnify and hold Seller harmr;>ss 100.:. -:?fi:ol]l.:losses, darqjl9~,:.q:~sts. claims i1n<:f expenses of any nature, including attorneys' fees, expenses and fiabjifty 100.; ~ :..':inc.lirred In applcatioil'loi::i:a;ronlng or related proceedings, and from ftabili!y to any parson, arising from the conduct of 1 '\i'\a(ly.';\lnd au lnspectiq;)?;'9f,':iijy wo!k authorized by Buyer. Buyer will not engage in any aativily thet c~d result in a "''._.., qq~:tr!jctjon Ren beil)g ljl~.-.against the Property without Seller's prior Wlitlen consent. If this transaclion does not 163 't;io?e; 'auy!n' WiD, atj:itiyer's expense, (1) repair all damages to the Property resulting from the Inspections and 1S< reilii,i:dt.i;._ri9p.eq;)' :io)t~ 'Condition tt was in prior to conduct of the Inspections, and (2) release to Seller all reports 165 and 0\1)~. 'AI~. ~arated as a result of lhe Inspections.. '66 Buyer.WJ!l\~e:ti~r\ lritten notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's 167 determinetiqri 'Qt:Whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement 1ss will constitute.8c6eptance of the Property as suitable tor Buyer's intended use In its as is" concfrrion. If the Property 100 is unacceptable to Buyer and written notice of this tact is timely delivered to Seller, this Contract will be deemed 110 terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) wdl be returned after Escrow m Agent receives proper autholizalion from au interested parties. 1?2' 0 {2) No FeasibUity Study: Buyer is satisfied that the Property is suitable for- Buyefs purposes, indiidjr\g belhg 173 satisfied mat eliher public sew'lp696 and water are available to the Property or lhe Property wiu be approved for the ""' Buyer L.._j U and Seller r.jf:.j L_) adknowledge receipt of a copy of this page, Which is Page 3 of 7 Pages. VNJ-9 Rw fXJ7 Ffolida Assodalfon of-.,,;... Ai Rlgtrts Reserved /?Ji!fls.~ Thia software ie licensed to [C'hel:]rl. Geratne.r: ~ Pa.lm J;;lcinte n.eal.ty] www. tranaa.ctiond.esk~com- 123

130 ' Hill !4 inslallalion of a we!! and/or private sewerage disposal system and that existing zoning and other pertinent regulations and restrtctions, such as subdivision or deed resf1ictions, concurrency, growth management and environmental concilions, are acceptable to Buyer. This Contract Is not contingent on Buyer oondupting any further investigations. (d) Subdivided lands: ~this Contract is for the purchase of subdlvided lands, defined by Rorida Law as (a) Any contiguous laod which 1s di<irded or is proposed to ba divided for the purpose of disposition into 50 or more lots, parcels, units. or interests; or (b) Nrj land, whether contiguous or not, which is divided or proposed to ba divided into 50 or more lots, parcels, units, or interests which are offered as a part of a common promotional plan.", Buyer may cancel this Contract for any reason whatsoever for a period of 7 business days from the date on which Buyer ro:ecutes this Contract. If Buyer elects to cancel within the period provided, all funds or other property paid by 1;\uyer Will be refunded Without penany or obligation wtthin 20 days of the receipt of the notice of cancellation by the ~f'p<>r f!isk OF LOSS; EMINENT DOMAIN: If any portion of the Proparty is materially damaged by cai"t!~~f~;~ closlng, 100 or Seller negotiates wnh a governmental authority to transfer all or part of the Property in lieu of eminbi)t, 9~[!1 proceedings, 181 or if an eminent domain proceeding is initiated, Seller Will promptly infonn Buyer. Erther party;mayp'jnci;l{ t.f)is Contract 1as by written notice to the other wtthin 1 0 days from Buyer's receipt of Seller's notification, fauiqij'.w.tl!gb JIA)'iir. 'yviu close in "'" accordance wl'th this Contract aoo receive au payments made by the goveinliient authority, l.f any TffLE. ' :':,:'; <:'., '\::t~:'\: ' TffLE: Seller wm convey ma!ketable fitle to the Property by statulory warranty deeg.()(.trustee, personal representative 192 or guardian deed as appropriate to Seller's status, ',;:;:.:;: ;; :....,. ',''.\ :.:; ::: 193 (a} Trtle Evidence: Trtle evidence Will show legal access to the Property. '!fl.d. marketable title of record in Seii!'X 1n *' accordance Willh currel)l tnle standards adopted by tihe Ronda Bar, sub)eqt:~.tq.ltte follo;v[ng title excepuons, none. of 196' which pre11ent Buyer's intended use of the Property as residential ',': cpvenants, easements and 1ss '"" there is no light of entry; current taxes; mortgages that Buyer wilf assume;.i;llld ~rl!(lpes tihat Seher wil dtsoharge at 198 or before closing. Seller wiu delver to Buyer Seller's choice of one of tha follow!!lg.~ Pf.ti!la evidence, which must be generally accepted in the county where the Property is locate>q~jn Paragraph 5(c) the selected type). Seller will u~ opt!on {1) in Palm Beach County and option {2) in Miami-Dacf!?,9qt,i{rty,,;.. rest!iclions of recoro; matters of plat; existing zoning and government.. ~~; ~ mineral rlghls of record n ""' (1) A title insurance commitment Issued by a Rorlqil:'floe.Q.sed title insurer in. ~'i!(n~>;li)t.of the purchase price and = subject only tci litfe exceptions set forth in this Col!lf.act ilo<j.\:!elivj;>red no 1a1er than 2 ~.WIP.re Closing Date. 203 (2) An existing absuact of title from a reputable.. <'l:l\l.~fid9 :a~.li[m ~lim is nqt:.~. then absirnc! must be """ certlffed as correct by an existing firm) purporting!q,i:>~)m :;,Q.::ui:~ll;l.:syr~. of the ~ments affecting title to the ""' Property recorded in the public records ol the CO!,!l1!Y.,\((I)ere the.f'rgp(l[lyjs.loqil\!;ld and certffied to Effective Date. 200 However If suoh an abstract Is not available to Seiler, 1h8!) il prior ow fs 1itle jj9!icy acceptable to the proposed insurer xt1 as a base for relssuance of coverage. Seller Will p~y,::foi:\eppie!1 '.\{~1. po~cy.~tlons and an update in a format 200 acceptable to Buyer's closing agent from the policy~!.ive,.c\!!\!;l)1nd certified to Buyer or Buyer's closing agent. 209 together With copies.of all doc!j.~,l:ecited In the pr!q!'.:pl?~cy~ in the update. It a prtor policy is not available to 210 Seiler then (1) above w!ll be (lw.!;lj!~.!w.i$1.q8. Tille evfden~e.wil!,l;>e i:telivered no later than 10 days before Closing.Date. 2H (h). Trtle Examlnalion: Buyer~\YII!.~rn(O.!"::ti: 1'ii~e eliidence il!jg fi'!lw written notice to Seiler, wnhin 5 days from receipt 212 of title evidence but no later:lf}ar).oiosing Pat<>, ;bf any defects.'~ illake the ntie unmarf<etabla: Seller WIU have 30 days 21a from recelpt of Buyer's.I),CJ!ice; j:jf dafects...('.'cl,\rative Period") to.~ the detects at Seller's expense, If Seller cur~ the 214 defects within the Cvlf!1We. ~0d, Sell(>f.o}.il!.~liy8f JII'!i!J:611 nonce to Buyer and the parties wm close the transaction on 21s Closing Data orwithin:'u~y!l:tr.qll).. f!\iy~~ s;te~im:qi.~!?)l!'>r's notice if Closing Date has passed, If Seller Is unable to 21.a cure the deleol:s within the.~.e<!fi<?d;"se!i!"(\niil :d~y~r written nolice to Buyer and Buyer will, Within 10 days from 211 receipt of &Iter's notice; 9i!!Jer'c<\nc!"t!his Contract i::jr ~;~.ccept title wnh existing defects and close the transaction. 21s (c) Survey;,~~ may, ptb)o;p.iptiloo pate and at al.yer's expen~e. have the Property rurveyed and daliver wrttien 219 notice WJ1e!!l>!.. 'yi!!ttun,!) days frof(l :~ptq)' Survey but no later tihan 5 days p~or to closing, of any encroachments on 220 tihe Pl:QP.~.e~a.9~1s bylhe,f.'/!iil~.r:nprovet:nents on other Iande or deed restriction or zoning violations. Any 221 Sl!Ctl.:E!flqql!Ch~t :\)r:,\ipl~ will ba.ft~ 1:1 in the same manner as a title defect and Buyer's and Seller's obligatiens ~.Ptl;9 errnlned if.l.?yi;cy;cli!ace with subparagraph {b) above. m.7:.'{d):~ ConstruC<Ii,oil:C,QVW>f Une: lf any part of the Property Ues seaward of the coastal9(lnstruction control line as 224 ':': ~~1D Sectlon 161.QS?:.9Lit\9 ROfida S1atutes, Seller shall provide Buyer with an alii davit or survey as required by law =,~!~,~e line's locallpi:l.!::o:the Proparty, unless B>Jyer waives this requirerrienl in writing. The Proparty being putehased = ~y;~ ~.to coast'lf:~ and to federal, state; or local regliations that govern coastal property. including delineation 227 of the,dol;lstai9jllst~~,pntrq! fine, rigid coastal protection structures. beach nooristment, and the protection of mama 228 turtles.'~:.~ ban be obtained from the Florida Department of Enviro!1fl1el"'laa Protection. including whether = there are ~t. ~siqn conditions assode ted with the shcreline of the Property being purchased. = lli(buyerwaiv;;$'iheri9htto receive a CCCL a1lidavlt or survey,.._:_.._ MISCELLANEOUS EFFECTIVE DATE; TIME; FORCE MAJEUHE: = (a) Ellootive Date: The "Effective Date" of this Contract is the date on which the last of tihe parties illllials or slgns and 234 delivers fmal Otter or counteroffer. Time is of the essence for all provisions of this Contract 2S5 (h) Time: All fime periods expressed as days will be computed in business dsys (a "business day Is every calendar day 238 except Saturday, Sunday and f191ional legal holidays). If any deadline falls on a Saturdsy, Sunday or national legal 237' Buyer L_j L_j and Seller~ L_j acknowledge receipt of a copy of thls page, which Is Paga 4 of 7 Pages. VAC-9 Roc 4107 Q 2007 Florida Associatk>n of REM.lORs" All Righ!s Resehied ~ 'l'his software- i.s licensed t.o (ChGryl. Se:rs-t:n.e.r - Palm Points Realty] WWY.tra:nsa.c.iondesk.com- $ 124

131 238 holiday, performance wir be due the next business day. All flme periods will end at 5;00 p.m. local time {meaning in the <39 courrty where the Property is located) of the appropriate day. z<o (c) Force Mai.eure; Buyer or Seller shall not be required to perform any obligation under this Contract or be able to 2<1 each other for damages so long as the performance or non-performance of the obugation is deiayed, caused or prevented 242 by art act of God or Ioree majeure. M act of God" or "Ioree majeure" is defined as hurricanes. earthquakes, ~oods. tire, 243. unusual transportation. delays, wars, insurrections and any other cause not reasonably within the control of the Buyer or 244 Seller and which by the exercise of due diugence the non-performing party is unable in whole or In Pari to prevem. or '"'' overcome. All time periods, inclucfmg C!oslfig Date, will be extended. (not to exceed 30 days) for the partod that the Ioree "" majeure or act of God is in- place. In the event that such "act of God" or "force majeure" event continues beyqnd the 30 2<T days in this sub-paragraph, either party may cancel the Ccintrect by dellvemg written notice to the otlle.r.,)li)\l fluyer's z4s deposit shall be refundad. "...,., NOTICES: All notices shall be in Wnftr]g and will be delivered to the parties and Broker by ma~;:~~~~:,i delivery or zso electronic media. Buyer's failure to dallver timely written not!ce to Seller, when such notice is re.quij:ecl py ;it!is Contract, 251 re9arding any contingencies will render that contingency nllll and vciid and the Contract w!u'.l:~i,; ~~_![Lieq as if the ""' corrungency did not exist, Any notice, document or Item deliveied to or received by an af\omey arjlcerisei3 ~t<eludlng a 253 transaction broke~ representing a party will be as effective as if cteuvered to or by "that part~c:\ :;:.;. '-:: ~~'i >.>::: '~ : COMPLETE AGREEMENT: This Contract is the entire agreement between BuyetMd s~i~r. Except'i~i~b.~~l!Jle = agreements, no prior or present agreements will bind Buyer, Seller or Broker u,r!l~: inj:mporated into this :9>J1t@<it Modifications of this Contract wift not be binding unless iii writing, signed or lnitial!!!;i,'!hd..qerwered by the party to be.l:?9und This Contract, signatures, initials, documents referenced in this ContraQt,:'.c().(tnterparts and written modificalicins 258 C9fW11U'lica!ed electronically or on paper Will be accepiable for all purposes, if)(il!.lf!ing.peliirery,llf.ld.~l be binding. Handwi'l'tten 259 or typewriltbr] tenns inserted in or attaci1w to!his Contract prevaj over pr~p~n\"e<l,terms. If ij!ly..pipvisicn of this COntract is or 200 becomes invalid or unenforceable, all remaining provisions will continue to bl?jl)iiy.:~e- Eltly."f Bnd Seller will use diligence 261 and good faith in performing all obligallons under this Contract This Contract Will not be.r~ in any pubrjc records. """ 12. ASSIGNABILITY; PERSONS sound: Boyer may not assign this Con~g- ;~;~~~~ written consent. The tenns """ "Buyer; "Seller; and "Brol<er" may be slnguiar or plural. This Contract!s binding!j0.1h~ 1!\l!fS, administrators, executors, 264 personal r~ and assigns (if P<lrmittedl of Buyer, fl.el)!i~.?nd Broker. ' '.\..,\,'. - DEFAULT ANo.BisP.Ui~.AESPLUTION :. :,. :-:: ' DEFAULT: {a) Seller Default ffi for arli reason othertt~l:fl'ii.life.. ~i?ii\1!1!r:!9,rna!>e Se!ler;s title marketable after dligent effort, w SeBer fails, refuses or neglects to pertonn this Contraet;:.li!~ ma. ow.'.!? ;r>;>~ye a return of Buyer's depooit without "" waiving the right to seek damages or to seek speqffic P8lfu.o:Qai:J.G!;! as per f'a.rafll<lp.fl.~!l.:: ~~er wih also be liable> to Broker for ""' the lull amount olthe brokerage fee. (b~ Buyer Defaul!: If Bqy~,flli#l to P\3ffe>iril!!)Is i:!qm(ai;f within the time specilied, including 210 tinely payment of all deposits, Seller may choose to reta!n;a.pp.'cqll~; P.t'~ ~ pe;d and a!)<:8d to be paid as C!uidaled 211 damages or to seek specific performaope..as.per P~>ragraph ;til; ill1d.brllker will, upcn damaml, receive 50% of au daposits "" paid and agreed to be paid (to be sp)it.~~.~[1)9ng Brokers) ~P.!9-1lle.fun amount of the btokerai!e tee. --~-~-. --~: ~ , DISPUTE RESOlUTION: l]11s~90otm~fvvjii~.construed uni:!ei[)]9ti\1!l faw. M controv!lfsies, claims, and olher matters in 27< question arising out of or relf!!ing l:o.jhls traij?.j\c;!{q!l or this Contrl)QJ:'P,c lts breach will be settled as follows: 275 (a} Disputes concernji)qf.l.!lfi{lement to.~~ts; made and ag~ to be made: Buyer and Seller will have 30 days from the date ~onfficti~g ~!lfl.clfl,.s ~.~ tq;!rtt~!j!p..f.iq.,f\l.srive 1be dispute ttrou~h mediation: If that lalf?. Escrow Agent 2ro 211 will submit the dispu~; lf.. ~.'@Jired;by.~I;.!Pfl.t;f<'I J!IW,ito,~ow Agent's ch01ce of arbitration, a: Rorida co011 or the Rorida Real Estate C~~!9M:ffii:C"l. '~r;<m1:j '{lllller wil be bciund by ait>j resliiing award, judgment or or<:ler. A m m broker's obligation under ~.. ~.7,\?.:.FS and the'fi'\ec niles to timely notify!he FREC of an escrow dispute and timely..., resolve the.. ~~ dispute lhl.tllj9\l:tj:l9dif!l!ion, arbitration, irlterpleader, or an escrow d!s!jursement order, ~ the broker so,., chooses;~ ilnly.to brokers and.tloes.n9t apply to title C<Jil'l)anfes, atiomeys or other escrow companies. 2B2 (b)_.af(mil i:fi,iilipiit~; :t?uyer and ~.U~r.:WJi! have 30 days from the date a dispute arises be1ween them to attempt to 2s:> re?dlye)l:lii.lni<t!:~r;;tl)roi!qh mectlatioi);:~ailing which the parties wik resolve the ispute through neutral binding 2!14.. :\l)j;b/~ioo In the.:'i;qc;!l)ty.. VVIJ.ere the Prqperty fs located. The arbttrator may not alter the Contract terms or award any 2e& :::.;,r~[lg,!:jy not provicteg ::fpr, lpjhls Contract. The award Will be based on the greater weight of the evidance and will 200 <, =~t<~.tti '~!ldings of taot '@q :~.cofltracrual authority on which it Is based. If!tle parties agree to use discovejy, it will 287..,_,pi<:Jrl.:acoordance withithf!:f'loflda Rules of Civil Procedure and the arbitrator wiu resolve all discovery-related 2aa '{lj~.'}\w dispu!j>$2~.'13 real estate licensee namect In Paiagraph 17 will be submitted to arbitration only if the. """ fice@ 's.~r, c;qn;;eintl>,!rl writing to become a pertyto the proceeding. This clause will survive clcsing. 200 (c) Mediation ;iind.'ai1;>itral:ion; Expenses: "Mediation" is a process in which parties attempt to resolve a dispute by 291 subrnittl!i9 ~~.#?::?.D.~ mediator who facilitates the resolulico of the dispute but who Is not empowered to in'pose a = settiement 9.11:'!!1~:.~ Mediation will be in accoidance with the rules of!he Amerlcan Arbitration Association i AM") or = other mediator agreed on by the perties. The parties will equally cf!llioo the mediation fee, if any. "Arbitration" is a process in 294 wtich the-parties resolve a dispute by a hearing berore a neutral person who decides the ~and whose decision is 295 binding on the parties. Arbitration wid be in accordance with the rules of the AM or other abitrator agreed on by the parties r Each party. to ait'} arbitration will pay Its own tees, costs and expenses, including attorneys' fees, and will equally spfrt 1he arbitrators' fees and admin)s!rative lees of arbitration. In a civll acnon to enforce an arbitration award, the prevailing paty to the 29$ arbitration shall be entilted to recover from 1he nonprevailing perty reasonabki attomays' fees, costs and expenses. = Buyer( ) ~and Seller~( ) acknowledge receipt of a copy of this page, which is Page 5 of 7 Pages. VAQ.9 Rev. 4/07 <> 2007 Florida A~n ofreai.rors" All Rights Reserved [O~ Thi.a software is licensed to (Cheryl Gerst:nex - Palm PoiAte Realty] I'Orms 125

132 300 ESCROW AGENT AND BROKER ESCROW AGENT: Buyer and Seller authonze Escrow Agent to receive, deposit and ho!d funds aild other items in 302 escrow and, subject to clearance, disburse. them upon proper authorization and in accordance with Rorida JaW and the terms 300 of this Contract, including dlsbteslng brokerage fees. The parties agree that Escrow Agent will not be liable tc any person tor 304 misdelivery of escrowed items tc Buyer or Seller, unless the misdelivery is due to Escrow Agent's wirlful breach of this = Contract or gross negfigehoe.. It Escrow Agent interpleads the sl!biect matter of the escrow, Escrow Agent will pay the 30<l tiling fees and costs from the deposit and will recover reasonable attorneys' tees and costs tc be paid from the so1 escrowed funds or equivalent and clhaq;jed and awarded as c<;>urt costs in favor of the prevailing party. All claims 308 against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate., :'.\ PROFESSIONAL ADVICE; BROKER L!ABtlfTY: Broker adlijses Buyer and Seller to verify ad faots and.113p@~~ntaf10ns 310 that are important to them and to consu~ an approprtate professional' for legal.acmce (for example, lni![j)rat.iog.<xmtraots, 31 1 determining the effect of laws on the Property and transaction, staius of 1il!e, foreigtl investcr reportinjj.r~ulrements, the 312 effuct of property lyiflg partially or totally seaward of the Coastal Coostructidn COntrol Line, etc.hwil.'lqritax, ptoperty 31a conditlon, environmental and olfler speciafized advice. Buyer acknowiectges that Broker doe~ ~notr~qe_ '\n,tne Property 314 and that all representations {oral, written or otherwise} by Broker are based on Seller rep~oo!?.uo/l&qf,'rij.bllgjecorcts. 315 Buyer agrees to rely ~!ely on Seller, professional inspectors and governmental agencies for.ll.,mication i;li'.:l!:le.bf>lperty s1s condftioij and facts. that materially affect Property value. Buyer and s:e11er resp~ w111 :i>ey aff costs "ij!)d -~flll.~, 317 Including reasonable attorneys' fees at an levels, incurred by Broker and Broker's olfl@fl?.. c;l[rectcrs, agents and,~ffip.)c?y~!'$. s1s In conaection ~ or arising from Buyer's or Seller's misstatement Or t~1ure tq,p onn contractual obhgalion'l.~l!)ler,. 319 and Seller hold harmless and.release BrOker and Broker's olficocs, directors,,11,9!'f!ll!:and employees from elf flabil(ty..for 320 loss or damage based on (1] Buyer's or Seller's misstatement or fauure l~.j? 9DJ1 contractl,(al obfli)ations; {2) BrOker's "'" perton'nance, at Buyer'S and/or Sel!er's request, of any task beyond tl:(e ;l>qqp.~ bf servi.qll$}!;'9ulated by Chapter 475, m F.S., as amended, including Broker's referral, recomrrjendatlon or rel~j!t.l<?.[(p.f...any.11.\'[.ig!{l:; :(3) products or se!vices = pll)vide<i by any vendor; and {4) expenses incijrred by any vandor. BuyerjJ!lcl ~!mp ~.Pil:assume full responslbhity for 32~ sefecfing and compensating their respective vendors. This paragraph will.not.m~~."'?.t'ql<er of statutory obligatfons. For 32<; purposes of this paragraph, Broker Will be treated as a party to this Contract. Thi~Pafll9~apf) will!luflllve closing BROKERS: Ths licensee{s} and brokerage(s) nerned below. are cdlec!ively ~\lii.~'~.ker." Instruction to ClosJng 327 Agent: Seller and Buyer direct closing agent to disbtxs\! \!! :~n.ll the fufi amount 'Of.:lh\1. bipk(!f<'.ge fees as specilied In 328 separate!jrol<eraga agreements with the parties and C P.er~.:~ents between ' 1he,"~'*'' except to the extent 329 Broker has retained such fees from the escrowed tunds.. 'ln,l!je)l.b$ll!l9e? of Sl.(ch tiroker~;~ga agreements, closing agent will 330 disburse brokerage fees as indicated below. This paragraph \vilhlo:t. :pe!.1s.sd to modify!'loy MLS or other offer of 331 compensation made by Seller or listing broker to coop6re~j:lq };>rokers.:\\::::; ;.;... i ;;!: : ':~>:,. 332" Charyl Ger~Jtner :_L.\~~-~- -- :~::_:~~:_-~:\\_~ ~;;::Pointe Realty. :m- SellingSalesAssociateiUca1SeNo. BK:iQ3l.99..Sal'nfi~Foeol$or%ofi'VItmsePrfcB/ ~3'-' Cheryl Gers~;;~/ -~\\\. ::~ :~;\;?.-\\ ~- : Palm POinte Real. ty 335' UstinQ Sales AsSociale'Licmse No....,_ 'Jllc:l.G319 9 Lis6ij{j~ fee:($ or% 01 Pure/lase PrfcB/ _; ~ -...-:-- -=.:::_\~ ~-,_:. '._:~.\~::-.-.:~-- ',.;,~.'::y \ >.:.:.:.'. ADDITIONAL :r<=rms.,_ ~_I;; :: ~ 8 : "::~o::::~;:&~~t ;~i;j:i:~,~;:'t1~ ~:~ting, partially built structure 339 ' or aeawau being,;~$.ii}b.}:- the se.'lier.. 340' 2. all C.9~l!t;ations o,~:o:.ap:y.,~.!jha.ll be ca:lendar rather than busciness days Depi?slpJr~l:t:>renced :lii.:'pa;~;.ag:raph 2 (a) : will. be made and verification of : dep<?.~~:~;o:~1,g_:~~\i?:~videilj;p ~:\'!"'cl1er and seller a agent within 24 hours of 344" a0;c:_~j?t~ce; '\,'' >;-;;.';.,: <:,::c.'. -} i,;\s.,'1';:p e:; and.'1\)lx"::': ~~ree to split coat of T:ttle Insurance equally, Buyer to -.;8~~,';'.\'!~,. b tle age~!; : : '.'. 347' s<<fl.\l!\s.'-.referral \.().I/:~.t;he listing side will be paid to DECO Realty Corp. by :,... the.~~~j:~~ bro~~'i' ::::> 349'-.:;:--:-~;: :-_..,.\.\ '- ':_<..--:-: " --~ -~:.\~~~.: ~-:~ :.~ :: : 351"... -::- :;. 3.1)2. ~.:.... ~,.: = Buyer { J U and Seller~ L ) ackndwiedge receipt of a copy of tlis page, which is Page 6 of 7 Pages. VAC-9 Rat Rorida Association of~ All Rights Reserved lnsla~ This ao tware is licensed to [Cheryl Gerstner - Palm Pointe Realty] ~ 126

133 365' 'l66' $7' 368' :)00" 310' s?r """ 373'" 374' 37?r.. :.:.: _... '. -,.. :: :: :.;':: -~.-:.. :-.: :'-, :<-: -._,.,...-;..._., ~ :: ~...., _,.....' : This is Intended to be a legally binding contract. If not fully qnderstood, see!<. ~e.l'iciyice of an _attorney prior to signing. ' :m OFFER AND ACCEPLANCE :':\\ '.. 378' (CheCk if applicable: 0 BUyer received a wrttien real property dlsefosure staief:n.;.nt"tr9m Sr>.ller:.!:?!>fore making this Offer.) 379 Buyer offers to purchase the Property on the above terms and condltioris. '!Jnlfflq.{Qi&.:gci{l)ract is signed by Seller and a 380' copy delivered to Buyer no later than s,oo a am.)(p.m. on.:tan~fr. : ". -~l.tb.. ao~o this" offer WJl be ""' revoked and Buyer's deposit refunded subject to clearance of funds. >,-,_-... : c: -; ', : COUNTER.~f)~ECTION. -; ;_!\\ :;-.. = a Seller counters Buyer's offer (to accept the cour!ler ~- l'!w!1r~. sign or initial the couq(e!: offereci terms and deliver a 384 copy of the acoeptanoe to Seiter. Unless othe!wfse stated, tl:le tirwjnr accepjance of any counteroffers shan be 2 days from 385' the date the. counter is delivered. 0 Seller rejects Eiuyen;"~i~ --,,:-:\ ::'.)'\.: :_,-:> :--.. _ ':\':-~~ :.. ; ::..::.~~--: ~,\\: :: ~. ':. 386' Date: ~ ' E ~ m.m ~ \~ ~... : -~-;... Buyer. ~----~~ Printl.l,~~. --~.'~'\::,..', David o. Kateb. :..,,... '..... :. ::. '. "'\ :;~,;: ~~~ ~:~::" - ':" - n ;ji}cj = Date: "'<X:ili~~:\.;...;';:_ ::o :_::<<_=~:.~.;_:~:: ~M.L-:. -~-;L--~-- =.., :....._,. ;_:Pn~,~~\-,_~ 'a~()!..<~;;5c..;;S!."u~""'"!.!oi"'d"'a~T~e;:r=ra"""c"a-LL,c"----~---- SS<' Date: ',<-~>: ' :., ' Selle~-:-::.::~.-_.~,: _,_.-._.----~ ' PhoOO;..,...: ,...,_.:-Printnarrie:' ~ : ~ :; FexE-:mail ~~:..:_:. :.._ ::: ~ :_.):i :fctress: -----"58"'2~l::H<>=l,_,l,_,yw'-'.:::ood.=,_,.,a,_l vd_.,. "-''-'''-'s,_,t:oa:..._,2:::.0::.0!..,_,l!.,_,oc:i,_,l,_ywo=o::::d,,'--'fl=--"3:::.30:.:2:.:1=-..._ - ~,.:.;,. : --::..:."' -...;,,--.: '~:-~ ~~:;~~-~/!~ :.~>:. ~~~-::_:\ :~:'.: ' ~, ::.-.. : ;_...,_ Buyer ( J (. :;_.:;~: Seller ( f r) L J acknowledge receipt of a copy of this page. which is Page 7 of 7 _Pages. The RoridaAs$oclation of Fle:N:roRs and local Boan:l/A$sociat of~ make no «i{xe&e:ntation as fd the legal vafici1y oraooquacy of any pstmsion of thfs form in any specffi-; trnnsacli:ln. Ttis standaldi::l!ed fonn shoukf nat be used in ~~s orvdh ex:teosive ide.:s- or &dc.liiions. This 1onn isavmlablefor ua&by dleenti;e real. est:de induslry and Is not folended. to rden!ify tbe user as a ~ RsluoR.is a ~ collec::fuae membeiship mmk 1batmay be used only by ~:eal estate ffceftsees win are ~of the Natioreal AssoolaSioo offsaors OIOd who subscribe-to its Code of Elblcs. TheO!lP)'I'ight.ICM$offhel..lniedSates_(17 tl.s. ~ fumjtfla~-~dba-kfr.:fmsbyenyrr.eans~ ~a-~bms. VAC-9. Rev Florida As$oda!ion of REAlloos' All Rights ReseNed Thi.s software is licensed to {Chez:yl. Gerstn.e:r: - Palm Pointe ReaLty] www-.transactiondeek.com. -~ 127

134 Department Matters Community Development INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator opment Director THROUGH: Sasan Rohani, AICP; Chief, Long-Rang FROM: DATE: RE: Brian Richardson; SHIP Rehabilitation Inspector '($.R January 8, 2010 Approval of Contract Award for the Rehabilitation of Eight Homes Approved Under the Hurricane Wilma Community Development Block Grant Disaster Recovery Initiative It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of January 19, DESCRIPTION AND CONDITIONS To assist local governments in their recovery from the effects of the 2005 hurricanes, the federal government appropriated $5.2 billion in Community Development Block Grant (CDBG) funds for disaster relief, long term recovery, and restoration of infrastructure in the areas most impacted by the hurricanes. Although Indian River County incurred only minor damage from one of the 2005 hurricanes, Hurricane Wilma, the county was allocated $176, in CDBG funds for disaster recovery. Consistent with CDBG administrative rules, staffhas undertaken the required steps to proceed with CDBG implementation. Those steps included soliciting and obtaining intake applications from homeowners within the unincorporated county; preparing all required DCA and HUD forms, including an Environmental Assessment review; and obtaining the release of funds for the project. Staff has also verified applicants' income, asset, ownership, and residency information. Based on the criteria in the Hurricane Wilma CDBG Disaster Recovery Plan, staff then ranked all of the applications. F:\Community Development\CDBG\DRI Wilma \Staff Reports\BCC APPROVAL OF 4th CONTRACTORS BIDS rtf. rtf 128

135 The only activities allowed nnder the Hurricane Wilma CDBG Disaster Recovery Plan are replacing entry doors, installing storm shutters, and replacing roofs on single family owner occupied residences. On November 3, 2009, the Board ofconnty Commissioners approved the fourth group of Hurricane Wilma CDBG Disaster Recovery Initiative applicants. In the fourth group, there were eight applicants. Since then, staff has developed scopes of work, issued invitations to bid, and accepted bids from licensed contractors to secure services for needed rehabilitation work. The next step in the grant process is for the Board to approve the contract award for the rehabilitation work activities associated with each of the eight houses. After the Board approves the contract awards, staff will prepare a Deferred Payment Loan (D PL) mortgage and a rehabilitation contract for each house to be rehabilitated. According to CDBG program rules, CDBG funds used to rehabilitate single-family homes constitute interest free conditional grants that last for a period of five years and are secured by mortgages on assisted properties. After recording the mortgage and Notice of Commencement, staff will issue an otice to Proceed to the contractor for each house. ANALYSIS On December 16, 2009, contractors attended a mandatory pre-bid conference conducted by staff. After the mandatory pre-bid conference, contractors submitted sealed bids for the eight homes based on work write-ups provided by connty staff. On January 6, 2010, the bids were opened and reviewed by staff. Staff then evaluated the bids that were submitted and identified the low bidder for each house. For each of the Hurricane Wilma CDBG assisted properties, the table below identifies the applicant name and address, the list of rehabilitation work activities, the rehabilitation work bid amonnt, the contingency amonnt, and the contractor with the low bid. For each of the housing rehabilitation projects, staff has set aside a 20% contingency amonnt to cover any unexpected costs that may occur. Applicant Name Rehabilitation Bid Contingency Total Contractor and Address Activities Amonnt Amonnt Award Bell, Audrey Shutters, $ 5, $ 1, $ 6, A. Thomas Canst. Co "' Ct. Doors, Roof Ft. Pierce, Fl. Bell, Lena Shutters, $ 5, $ 1, $ 7, A. Thomas Canst. Co '" Ave. Doors, Roof Ft. Pierce, Fl. Rue, Jacque Shutters, $ 6, $ 1, $ 8, McAlhany Canst. Co '" Ave. Doors, Roof Vera Beach, Fl. Butler, Sharon Shutters, $ 5, $ 1, $ 6, McAlhany Canst. Co '' St. SW Doors, Roof Vera Beach, Fl. Johnson, Sally Shutters, $ 2, $ $ 2, McAlhany Canst. Co ' Ave. Doors Vera Beach, Fl. F:\Community Development\CDBG\DRJ Wilma\StaffReports\BCC APPROVAL OF 4th CONTRACTORS BIDS rtf.rtf 129

136 Hinglebine, Roof $ 6, $ 1, $ 7, McAlhany Canst. Co. Richard V ero Beach, Fl 'h Ct. Raulerson, Shutters, $ $ $ 1, A. Thomas Canst. Co. Eddina Door Ft. Pierce, Fl ' Ave. sw McKinney, Shutters, $ 5, $ 1, $ 6, McAlhany Canst. Co. Candace Doors, Roof V ero Beach, Fl th St. One requirement of the CDBG program is that the county must ensure that no conflict of interest exists between the Board of County Commissioners and contractors performing the rehabilitation work. Such a conflict of interest would occur if a contractor is related to a Board member. Whenever a conflict of interest exists, DCA rules require that a request for a waiver of conflict of interest be filed with the DCA and that the conflict of interest be acknowledged at a public meeting. Where conflicts of interest occur, those members having conflicts may not vote on any matters relating to the project in which they have conflicts. FUNDING For the referenced rehabilitation activities, funding in the amount of $45, is budgeted and available in the CDBG Hurricane Wilma Disaster Recovery Fund I Other Contractual Services account. The source ofthat funding is from the Hurricane Wilma Community Development Block Grant Disaster Recovery Initiative. (Account # ) At this time, the Board is to consider approving the contract awards for the Hurricane Wilma CDBG Disaster Recovery Plan rehabilitation work activities. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the following contractors and total awards for each of the following applicants: I. Bell, Audrey ( 'd Ct.) to A. Thomas Canst. Co., Ft. Pierce, Fl. for the total amount of $6, Bell, Lena ( h Ave.) to A. Thomas Canst. Co., Ft. Pierce, Fl. for the total amount of$7, Rue, Jacque ( th Ave.)to McAlhany Canst. Co., Vera Beach, Fl. for the total amount of$8, F:\Community Development\CDBG\DRI Wilma\Staff Reports\BCC APPROVAL OF 4th CONTRACTORS BIDS rtf. rtf 130

137 4. Butler, Sharon ( " St. SW) to McAlhany Const. Co., Vero Beach, Fl. for the total amount of $6, Johnson, Sally ( 'd Ave.) to McA!hany Const. Co., Vero Beach, Fl. for the total amount of$2, Hinglebine, Richard ( th Ct.) to McAlhany Const. Co., Vero Beach, Fl. for the total amount of$7, Raulerson, Eddina ( 'd Ave, SW) to A. Thomas Const. Co., Ft. Pierce, Fl. for the total amount of $1, McKinney, Candace (6000 8th St) to McA!hany Const. Co., Vero Beach, Fl. for the total amount of $6, ATTACHMENT 1) List of Bids for CDBG # 08DB-D A 12 Indian River Co. Admin. Legal Budget Dept. RiskMgr. Approved.,... Date _;j-t- '/131/0 6/ yfl( 1fnfJe I Approved Agenda Item: F:\Community Development\CDBG\DRJ Wilma\StaffReports\BCC APPROVAL OF 4th CONTRACTORS BIDS rtfrtf 131

138 BW No.: 20100» Bid N#ll!t: CD,BG. Bld.~M~Ik 01/0G/:!01.0 Tfl)'le:-2c; Hurrtctnc wnm. Harddllne Indian Rive.,. Cta~_n.rn~~rehas_l\l_g.Di.Vi~ion 1&:0% :!7lhSirett.:;Vuo.at.c!LFL "319ilil' 17'/:!)'567~~.',et;J~1l Wl~ntlill ~:w!h:lllm~_l.all!!bun.. ~' l::: -~-a. 1'.' a:-.- 1$ BELLI A' ee.ll, L... w N ATTACHMENT 1

139 133

140 134

141 SUBJECT APPLICANT PROPERTY ADDRESS PHONE SCOPE OF WORK Roof, Shutters, Doors, Garage Audrey Bell Property # 'd Court Door Lena Bell Property# th Ave Roof, Shutters, Doors Jacque Rue Property# th Ave Roof, Shutters, Doors Sharon Butler Property # " St. SW Roof, Shutters, Doors Sally Johnson Property # "' Ave Shutters, Doors Richard Hin~:Jiebine Property# 'h Ct Roof Eddina Raulerson Property # "' Ave. SW Shutters, Door, Garage Door Candice McKinney Property # th st Roof, Shutters, Doors..., 1 F:\Community Development\CDBG\DRI Wilma\Group 4\Hurricane Wilma Group 4 Applicants info for contractors. doc 135

142 /;L DJ_ HUMAN RESOURCES DEPARTMENT INDIAN RIVER COUNTY MEMORANDUM TO: FROM: Joseph Baird County Administrator James Sexton CJ:tr.x:J..J Director ofh~~ Re~ DATE: January 11, 2010 SUBJECT: Approval of County Attorney Employment Contract Per the Board's direction given at the January 5, 2010 Commission Meeting, staff met with the successful County Attorney candidate, Mr. Alan S. Polackwich, to negotiate an employment agreement. Attached for the Boards' consideration is the tentative agreement between Indian River County and Mr. Alan S. Polackwich. A summary of the contract terms are as follows: Base Pay- $150,000 annually Auto Allowance - $ monthly Severance - $0 Termination (without cause) or non-renewal- 30 days' notice Termination for cause- No notice requirement and no severance provisions Vacation Accrual- 15 days annually Recommendation Staff recommends approving the employment contract between Indian River County and Alan S. Polackwich. Attachment: Employment contract between Indian River County and Mr. Alan S. Polackwich County Attorney Compensation Analysis APPROVED FOR AGENDA: Approval Date Admin. r~ 1;.>~/;o 1//'-(/1 Legal Or:J Budget ~ 1/l't qo Dept. ~ ta'jj RiskMgmt. - ''"

143 EMPLOYMENT AGREEMENT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND ALAN S. POLACKWICH THIS AGREEMENT made and entered into on January 19, 2010 by and between the Board of County Commissioners and Indian River County, Florida, a political subdivision of the State of Florida, hereinafter called "County" and Alan S. Polackwich, hereinafter called "County Attorney," for employment commencing February 23,2010. WITNESSETH: WHEREAS, Indian River County desires to employ the services of Alan S. Polackwich as County Attorney, and WHEREAS, Alan S. Polackwich desires to accept employment as Indian River County Attorney, and WHEREAS, the State of Florida has developed a Senior Management Class within the Florida Retirement System, and WHEREAS, the County Attorney has been designated a member of the Senior Management Class, and WHEREAS, designated membership in the Senior Management Class requires that: 1) employees serve at the pleasure of their employer, and 2) employees may not have a continuing contract, and WHEREAS, the County Attorney, as a County Officer works directly for the Board of County Commissioners, NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. COUNTY ATTORNEY'S DUTIES In consideration of County Attorney's employment by the County, County Attorney shall devote full time and attention to the practice of law on behalf of Indian River County and shall not undertake any compensated outside legal work, unless otherwise authorized by the County. County Attorney's law practice on behalf of the County shall be under the direction of the Board of County Commissioners of Indian River County, who shall determine the matters to be assigned to County Attorney, the specific duties to be performed by County Attorney, and reasonable standards of performance to be maintained. 137

144 SECTION 2. GENERAL POWERS OF THE COUNTY Subject to the Rules of Professional Conduct, as established and amended by the Supreme Court of Florida, and all applicable laws, regulations, and rules of court, the County shall have the power to review all work performed; to determine the time and manner of the performance of all work, and to determine standards of performance, all of which shall be reasonable. SECTION 3. ETIDCS, UNLAWFUL CONDUCT, AND ARRESTS A. County Attorney shall abide by and perform all assigned duties in accordance with the ethics of the legal profession and all federal, state, and county laws, regulations and ordinances regulating the practice of law. B. County Attorney shall immediately notify the County Commission within 3 days of contact when information has been filed by a prosecuting official against him/her, when indicted by a Grand Jury, or when arrested, for any offense or violation of law; or if any disciplinary action is imposed by the Supreme Court of Florida including, but not limited to, probation, suspension, or disbarment. The Commission shall determine if it is in the best interests of the County to: 1) Retain County Attorney in his/her regular position pending court disposition; and/or 2) Place County Attorney on leave with or without pay until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or 3) Initiate disciplinary action up to and including termination. In the event that County Attorney is retained pending the resolution of the charges, and pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of the Officer, or which would tend to affect the Officer's relationship to the job or fellow workers, or negatively reflect on the reputation of County government, County Attorney may be terminated from employment, without severance or compensation per Section 9. Severance of this agreement. SECTION 4. ANNUAL COMPENSATION For all services rendered County Attorney shall be paid a salary (base pay) of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) annually, payable in 26 bi-weekly installments of $5,769.23, as adjusted for necessary deductions. County Attorney's salary shall be increased by any cost-of-living increases granted other County employees and with the same effective date. Salary increases per Section 7. Terms shall be adjusted as of the commencement date of this Agreement, unless otherwise authorized by the County. In addition to salary, County Attorney's compensation includes a car allowance of$ monthly. 138

145 SECTION 5. ADDITIONAL BENEFITS County provides employees with a number of benefits that are set forth in the Indian River County Administrative Policy Manual. These rights and benefits are available to County Attorney on the same terms and conditions that they are available to a full-time, regular non-contract employee; provided, however, specific terms of this employment agreement shall control and govern if there is any conflict with benefits and rights afforded under the County Administrative Policy Manual. County Attorney shall accrue fifteen days of vacation leave annually in monthly installments of 9.38 hours. Vacation leave shall not accrue above the maximum allowed by the County Administrative Policy Manual. In addition, Continuing Legal Education as necessary to maintain certifications and Bar membership, and additional Continuing Legal Education deemed relevant or appropriate by County Attorney will be paid by County. The term "Continuing Legal Education" includes travel, lodging, and per diem expenses. County shall pay County Attorney's Florida Bar dues, Florida Bar section fees, board certification or recertification fees, and local bar association dues. County Attorney is included in the "Senior Management Service Class" of the Florida Retirement System. SECTION 6. CONTRACT The County Attorney acquires no property rights in employment but has only contractual rights set forth or incorporated by reference in this employment agreement. SECTION 7. TERMS This employment contract is for one year from the commencement date written above. The Contract is not continuing in nature and must be renewed on an armual basis. Renewals shall be under the same terms as this agreement or as otherwise agreed to by the parties, except that Section 4. Annual Compensation may be increased. County shall provide County Attorney at least 30 days' written notice in the event of non-renewal. SECTION 8. TERMINATION A. This contract may be terminated at will by the County or by County Attorney upon 30 days' written notice given to the other party. Any accrued armualleave and sick leave will be paid in full, less regular deductions, in the event a contract is terminated or not renewed. B. The Board of County Commissioners may also, for cause, terminate the employment of County Attorney at anytime whatsoever, by affirmative vote, of not less than three (3) members of the Board. County Attorney shall be entitled to a hearing before the Board if, within five (5) business days of termination, he so requests in writing to the Chairman of the Board of County Commissioners. In the event County Attorney is terminated for cause, County shall be under no obligation to pay severance or provide 30 days' notice per Section 9. Severance of this agreement. The term "for cause" shall be deemed to include: gross negligence in the handling of County affairs; willful violation of the provisions of law; willfully disregarding a direct and lawful order, demand, or policy of the Board of County Commissioners; conduct unbecoming a public employee; habitual drug abuse; conviction of a felony; or conviction of any crime involving moral turpitude or relating to official duties; or loss or suspension of license to practice law in the State of Florida. For the purposes of 139

146 this paragraph, if the County Attorney pleads guilty or nolo contendere or if found guilty of a felony, he shall be deemed to have been convicted, notwithstanding a suspension of sentence or a withholding of adjudication. SECTION 9. SEVERANCE If the County terminates this contract at any time or in the event of the County's failure to renew an employment agreement with County Attorney, County shall not be obligated to pay any severance or maintain County Attorney health insurance coverage or pay County Attorney health insurance premiums, provided, however, County shall provide no less than a 30 days' notice of termination without cause. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. Attest: J.K. Barton, Clerk INDIAN RIVER COUNTY Board of County Commissioners By: BCC Approved: Date: COUNTY ATTORNEY Noted: Joseph A. Baird, Administrator 140

147 County Attorney Compensation Package Analysis Proposed Contract vs. Current Budgeted Position Proposed Increase Item Description Current Budget Contract (Decrease) Salary: Base Salary $135,203 $150,000 $14,797 Deferred Compensation $33,000 $0 ($33,000) Auto Allowance $4,200 $4,200 $0 Total Salary $172,403 $154,200 ($18,203) Benefits: Social Security Matching $6,622 $6,622 $0 Retirement Contribution $18,239 $20,231 $1,992 OPEB $1,501 $1,501 $0 Health & Life Insurance $6,332 $9,252 $2,920 Worker's Compensation $230 $262 $32 Medicare Matching $2,500 $2,236 ($264) Total Benefits $35,424 $40,104 $4,680 Total Salary & Benefits $207,827 $194,304 ($13,523) %Increase (Decrease) 10.9% % 0.0% -10.6% 0.0% 10.9% 0.0% 46.1% 13.9% -10.6% 13.2% -6.5% Note: This analysis assumes benefit rates for fiscal year On September 15, 2009, the BCC provided a general range of $125,000 to $175,000 for total compensation for the County Attorney. This assumes dependent health insurance coverage provided by the County ($735/mo. employer contribution and employee pays $217.50/mo. employee contribution). If the candidate chooses single coverage, the cost would be reduced by $2,880 per year. This a/so assumes Senior Management retirement class. Draft 1/11/

148 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM DEPARTMENTAL MATTERS TO: FROM: DATE: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., c.,._, Public Works Director January 12, 2010 Right-of-Way: Reconsideration of Resolutions , and Regarding Acquisition of Right-of-Way For County Road Projects BACKGROUND In 2007 and 2008, the Board of County Commissioners adopted three resolutions pertaining to the acquisition of right-of-way for County road widening projects... Resolution approved March 13, 2007 Resolution approved August 12, 2008 Resolution approved September 16, 2008 The above resolutions were designed to accelerate the right-of-way acquisition process by implementing a more rigorous timetable for property owner notifications, negotiations, appraisals, unconditional offers and ultimately, eminent domain proceedings. In 2007/2008, County staff implemented the new right-of-way acquisition procedures and the number of right-of-way parcels processed by staff increased substantially. The County Budget Office evaluated the fiscal impact of the new right-of-way acquisition procedures and their analysis follows. FUNDING ANALYSIS Since the County accelerated right-of-way acquisition in fiscal year 2007/08, right-of-way expenditures have risen dramatically. In fiscal year 2005/06, right-of way expenses totaled $3,342,533. By 2007/08, right-of-way costs had risen to $13,338,616, an increase of 299% over that time. The dramatic rise is evident in the graph shown on the next page. F:\Traffic\CRM\My DoctuJl~,nts\Land Acquisition\RO.W. acquisition procedures.bcc

149 Right-of-Way Acquisition BCC Agenda: January 19, 2010 REGULAR AGENDA I DEPARTMENTAL MATTERS I PUBLIC WORKS Page 2 Right-of-Way Historic Expenditures Millions $14 $12 $10 $8 $6 $4 $2 $0 2004/ / / / /09 09/10 (1) Fiscal Year 1 )FY 2009/10 amount is through This equals $14.4 million on an annualized basis. In addition to rising absolute expenditures, the ratio of right-of-way outlays to transportation construction expenditures has increased markedly. In just two years, rightof-way costs jumped from 13.2% of total transportation construction expenses to 44.8%. Through three months of the current fiscal year, this portion stands at 74.1 %. Please see Table 1 below for a five-year history of this trend. Table 1 -Right-of-way Percentage of Total Expenses Fiscal Year 2004/05 Right-of-way 20.0% I 27.9% c~-n-s--tr-u -c-ti_o_n_, 8_0.0% -I 72.1% I I 13.2% Fiscal Year 2007/ % Fiscal Year 2008/ % Fiscal Year 2009/ % I ----~-----~ % 60.8% 55.2% 25.9% t ' F:\Traffic\CRM\My Documents \Land Acquisition\R..O. W. acquisition procedures.bcc

150 Right-of-Way Acquisition BCC Agenda: January 19, 2010 REGULAR AGENDA I DEPARTMENTAL MATTERS I PUBLIC WORKS Page 3 At the same time right-of-way expenses were increasing, County revenues to fund transportation expenditures were falling dramatically. Impact fees-our primary revenue source for road construction-vary dramatically with the economy. In times of faster growth and heavy construction activity, impact fees can rise radically. Conversely, when construction activity drops off these fees fall precipitously. Traffic impact fees reached a peak of $32.8 million in fiscal year By last fiscal year, collections had fallen to approximately $1.6 million-a decrease of 95% from their apex. See traffic impact fee - historic revenue table below. Traffic Impact Fees- Historic Revenues Millions $35 $30 $25 $20 $15 $10 $5 $0 2004/ / / / /09 Fiscal Year As a result of falling impact fee (plus sales tax and gas tax) revenues, the County five-year Transportation Capital Improvements Plan has been cut back substantially over the last few years. In fiscal year , the five-year transportation plan totaled $315.6 million. Over the last three (3) years, this plan has been pared back to $199.4 million. This represents a decrease of $116.2 million or 36.8%. See Table 2 on the next page. F:\Traffic\CRM\My Documents\Land Acquisition\RO.W. acquisition procedures.bcc

151 Right-of-Way Acquisition BCC Agenda: January 19, 2010 REGULAR AGENDA I DEPARTMENTAL MATTERS I PUBLIC WORKS Page4 Table 2 - Historical Five-Year Transportation Work Program Five-Year Work Inc. (Dec.) from % Inc. (Dec.) Program PriorY ear from Prior Year FY $315,606,541 nla nla FY $288,814,887 ($26,791,654) -8.49% --- FY $246,067,791 ($42,747,096) % FY $199,436,187 ($46,631,604) % As a result of the parameters established in Resolutions , and , the County is compelled to move forward with right-of-way acquisition on road projects that have reached the 60% plan design level. This leaves no discretion for the County to decelerate right-of-way acquisition in the face of falling revenues. Therefore, the vast majority of reductions in the five-year work program have had to come from construction and engineering. As revenues continue to fall, the County has only one option-continue to push back construction on various road projects. At the same time, since many of these projects have reached the 60% design point, we must continue to fast track right-of-way acquisition on these same projects. The end result of these falling revenues and rising right-of-way expenses has been to draw down the County's cash balances available for transportation improvement projects. At the end of fiscal year , cash balances for these projects stood at $107.9 million. By the most recent quarter, this had fallen to $41.8 million ($53.7 million after the S.R. 60 loan receivables are accounted for). If freed of the constraints of Resolutions , and , the County would have the option to prioritize the most urgently needed road projects. All phases including design, right-of-way, and construction could be fully funded for the top ranked roads. Then lower priority roads could have some or all phases delayed until funding becomes available. This would allow for a more focused approach whereby the County could fast track the priority road projects. Conversely, the current framework will result in the acquisition of hundreds of additional parcels without the ability to complete construction due to the lack of funding. F:\Traffic\CRM\My Documents \Land Acquisition\R..O. W. acquisition procedures.bcc

152 Right-of-Way Acquisition BCC Agenda: January 19, 2010 REGULAR AGENDA I DEPARTMENTAL MATTERS I PUBLIC WORKS Page 5 RECOMMENDATION Staff recommends that the Board of County Commissioners approve and adopt the attached Resolution, thereby amending previous Resolutions , and to implement a more focused approach to right-of-way acquisition, targeting only those projects that are close to full-acquisition status and which are fully-funded I scheduled for construction within the first three years of the County 5-year Capital Improvement Program. These roadways include th Avenue between 4th Street and 16th Street 2. Oslo Road between 58th Avenue and 2ih Avenue 3. 53'd Street between 58th Avenue and US th Street between 82"d Avenue and 74th Avenue 5. 26th Street between 43rd Avenue and US th Avenue between SR60 and 41st Street 7. 43'd Avenue between 18th Street and 26th Street ATTACHMENT: 1. Resolution APPROVED AGENDA ITEM: Indian River County Administration Attorney Budget Public Works Land Ac:guisition Approved Date t-13-to (rv# t3- JO F:\Traffic\CRM\My Documents\Land Acquisition\R.O.W. acquisition procedures.bcc

153 RESOLUTION NO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING RESOLUTIONS ; ; AND REGARDING ACQUISITION OF RIGHT-OF-WAY FOR COUNTY ROAD PROJECTS. WHEREAS, in order to accelerate the right-of-way acquisition process by implementing rigorous timetables for property notifications, negotiations, appraisals, unconditional offers and eminent domain proceedings, the Board of County Commissioners adopted Resolution on March 13, 2007; Resolution on August 12, 2008; and Resolution on September 16, 2008; and WHEREAS, these acquisition policies have resulted in a dramatic increase in the proportion of road project revenues expended on right-of-way acquisition rather than construction of 299%; and WHEREAS, over the past five years the percentage of total road project expenditures related to right-of-way acquisition has risen from 20% of the total to 7 4.1% of the total; and WHEREAS, over the same period of time, impact fees, the primary source of funds for road projects, have decreased from a peak of $32.8 million in fiscal year 2004/05 to approximately $1.6 million in fiscal year 2008/09; and WHEREAS, this has necessitated a 37% reduction in the 5-year work program and a 39% reduction in cash balances; and WHEREAS, amendment of the aforementioned Resolutions will allow a more focused approach whereby the County could fast-track priority road projects and avoid the acquisition of hundreds of additional parcels without the ability to complete construction due to lack of funding; NOW, THEREFORE, be it resolved by the Board of County Commissioners of Indian River County Florida that Resolutions ; and are hereby amended to apply only to roadway improvement projects in which right-of-way acquisition is substantially complete, and are fully funded/scheduled for construction within the initial three years of the county capital improvement program. The foregoing resolution was moved by Commissioner----,---,----,- and seconded by Commissioner, and upon being put to a vote, the vote was as follows: 1 147

154 RESOLUTION NO Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler The Chairman thereupon declared the resolution duly passed and adopted this 19th day of January, BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey K. Barton Clerk of Court By ~--~~~----~~ Peter D. O'Bryan, Chairman By:, ----:::-----::-::----- Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY Wv!!:( &tf~ WILLIAM G. COLLINS II COUNTY ATTORNEY 2 148

155 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher Mora, P.E., Public Works Director~ Robert Webb, Land Acquisition Specialis& 43'd Avenue Stormwater Retention Area, Right-of-Way Margaret B. Durwin 'd Avenue, Vero Beach, Florida Parcel I. D.# DATE: January 11, 2010 DESCRIPTION AND CONDITIONS Indian River County is currently in the design phase of the four-lane widening of 43'd Avenue between Oslo Road and 26th Street. The project has been designed in three phases; Oslo Road to 12th Street, 12th Street to 19th Street, and 19th Street to 26th Street, which includes the intersection of 43'd Avenue and State Road 60. The phase from Oslo Road to 12th Street is designed to have 7 stormwater retention basins. Staff has been negotiating with property owners for land needed to construct these stormwater retention areas and has selected 4 sites needed for this purpose. The site being presented at this time is located at 'd Avenue, and is owned by Margaret B. Durwin. This is the last of the sites required to service the designated retention basins for this section of the 43rd Avenue project. The parcel is an 8.33 acre parcel zoned RS-3 with the potential of future development of 25 residential lots. The acquisition of the 1.76 acres will decr-ease the number of potential lots by 5. Margaret B. Durwin, has reviewed her optiops and has received the "Notice to Owner". She is a willing seller and has agreed to sell the acres for $200,000. Mrs. Durwin has also executed a 1 0-foot temporary construction easement across the front of her properties fronting 43'd Avenue, parcels and

156 PAGE TWO BCCAgenda There are no attorney's fees or appraisal fees.. ALTERNATIVES AND ANALYSIS 1. Approve the Agreement as presented; 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 $200, purchase and authorizes the Chairman to execute the Agreement. Funding will be from Account # Traffic Impacts fees /District IW43'd Avenue Oslo to 12th St. ATTACHMENTS I. Two "originals" of the Purchase Agreement with (Exhibits "A"), DISTRIBUTION 1) Christopher Mora, P.E., Public Works Director 2) Michael Zito, Asst. County Administrator 3) Margaret B. Durwin 4) Hank Diebel, P.E. Arcadis APPROVED AGENDA ITEM Indian River Approved County Administration ~ Budget ' [,... Legal w~ Public Works Engineering ~fff Land Acquisition ( "'.A Date 1/11/to t/r~/tiio I -r>!... {t) /-/3-10 J-n It? t-t3-to 150

157 ORIGINAL AGREEMENTTOPURCHASEANDSELLREALESTATE THIS AGREEMENT TO PURC SE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the / ~iij 2010 by and between, Margaret B. Durwin (Seller")whose address is P.O. Box 3 2, 32964, Vero Beach, Florida and Indian River County, a political subdivision of the State of Florida ("County"), who agree as follows: 1. 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 at rd Avenue, Vero Beach, County of Indian River, State of Florida and more specifically described in Exhibit "A," containing app,roximately acre, 76,666.0 square feet more or less, for a storm water retention pond fronting 43 d Avenue along with all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property''). 2. Purchase Price, Effective Date.' The purchase price (the "Purchase Price") for the Property shall be Two-Hundred-Thousand-Dollars & 00/100 ($200,000.00) (see Exhibit "A"). 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 warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; 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. 3.2County may order an Ownership and Encumbrance Report with respectto the Property. County shall, within thirty (30) days from receipt of the Ownership and Encumbrance 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 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. 4.Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2From 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. 4.3There are no existing or pending special assessments affecting the Property, which are or may be assessed by any govemental authority, water or sewer authority, school district, drainage district or any other special taxing district. F:\Engineering\Robert Webb\43rd ave.capital\durwin43rdaj.vere1entpurchaseagree.doc 151

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