BOARD OF COUNTY COMMISSIONERS COUNTY, FLORIDA

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

TUESDAY, JULY 19, 2011 - 9:00 A.M.

County Commission Chamber Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com

COUNTY COMMISSIONERS

Bob Solari, Chairman District 5 Joseph A. Baird, County Administrator Gary C. Wheeler, Vice Chairman District 3 Alan S. Polackwich, Sr., County Attorney Wesley S. Davis District 1 Jeffrey K. Barton, Clerk to the Board Joseph E. Flescher District 2 Peter D. O’Bryan District 4

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

2. INVOCATION Chaplain Kenneth Jones, VNA Hospice of Indian River County

3. PLEDGE OF ALLEGIANCE Commissioner Gary C. Wheeler, Vice Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation of Proclamation Designating July 18, 2011 through July 24, 2011 as Treasure Coast Waterway Cleanup Week in Indian River County 1

6. APPROVAL OF MINUTES None

July 19, 2011 Page 1 of 6 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT PAGE REQUIRING BOARD ACTION A. 2011 Election of Community Development Block Grant Citizens Advisory Task Force Chairman and Vice Chairman (memorandum dated July 13, 2011) 2

8. CONSENT AGENDA A. Approval of Warrants and Wires – July 1, 2011 to July 7, 2011 (memorandum dated July 7, 2011) 3-9

B. Errors and Insolvencies Report for the 2010 Tax Roll (memorandum dated July 12, 2011) 10-32

C. Out of County Travel to attend the Florida Shore and Beach Preservation Association 55th Annual Conference (memorandum dated July 12, 2011) 33-36

D. Tax Equity Fiscal Responsibility Act (TEFRA) Authorization to Advertise Public Hearing (memorandum dated July 11, 2011) 37-38

E. John and Donna Eck’s Request for a Partial Release of Easement at 6210 109th Street (Dales Landing Subdivision) (memorandum dated July 8, 2011) 39-47

F. Indian River Habitat for Humanity’s Request for Final Plat Approval for a Subdivision to be Known as Grace Woods West (memorandum dated July 7, 2011) 48-63

G. Federal Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Approval of Distribution of Grant Funds (memorandum dated July 12, 2011) 64-66

H. Work Order No. 1 – Kimley-Horn and Associates, Inc. Sebastian Harbor Preserve, Boundary Survey IRC Project No. 0008-09 (memorandum dated July 5, 2011) 67-76

I. Request for Use of Holman Stadium (memorandum dated July 7, 2011) 77-90

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None

July 19, 2011 Page 2 of 6

10. PUBLIC ITEMS PAGE

A. PUBLIC HEARINGS 1. Request for Authorization for the Utility Services Director to Submit an Application for a Community Development Block Grant in the Neighborhood Revitalization Category and Request for Authorization to Proceed with Consultant Selection Process (memorandum dated July 11, 2011) 91-123 Legislative

B. PUBLIC DISCUSSION ITEMS

Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes. 1. Request to Speak from Fred Mensing Regarding County Commissioners having or not having full time staff assistant, and

Permit & License on 60’ R/W prior to work being performed by C. N. Kirrie 124-125

C. PUBLIC NOTICE ITEMS None

11. COUNTY ADMINISTRATOR MATTERS

A. Request for Clarification 2010/2011 Florida Retirement System Savings (no back-up) ---

12. DEPARTMENTAL MATTERS

A. Community Development None

B. Emergency Services None

C. General Services None

D. Human Resources None

E. Human Services None

July 19, 2011 Page 3 of 6

12. DEPARTMENTAL MATTERS PAGE

F. Leisure Services None

G. Office of Management and Budget None

H. Recreation 1. Authorization to Issue Request for Qualifications for the South County Regional Park Multi-Purpose Athletic Field Expansion

Project (memorandum dated July 8, 2011) 126-128

I. Public Works None

J. Utilities Services None

13. COUNTY ATTORNEY MATTERS

A. Outside legal expenses in FVP Miami Lakes LLC v. Indian River County (memorandum dated July 8, 2011) 129

B. Hiring of Special Utility Counsel (Including Appraisal Services) Relating to Possible Acquisition of City of Vero Beach Water/Sewer System (memorandum dated July 12, 2011) 130-134

14. COMMISSIONERS ITEMS

A. Commissioner Bob Solari, Chairman 1. Sunshine

(memorandum dated July 11, 2011) 135-136

B. Commissioner Gary C, Wheeler, Vice Chairman None

C. Commissioner Wesley S. Davis None

July 19, 2011 Page 4 of 6

14. COMMISSIONERS ITEMS PAGE

D. Commissioner Joseph E. Flescher None

E. Commissioner Peter D. O’Bryan None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District 1. Approval of Minutes Meeting of May 17, 2011

2. Approval of Selection Committee’s Rankings for Design/Build Services (memorandum dated July 4, 2011) 137-143

B. Solid Waste Disposal District 1. Final Pay for Work Order No. 9, Amendment 2 to Geosyntec for Borrow Pond CUP Compliance Monitoring (memorandum dated July 11, 2011) 144-153

C. Environmental Control Board None

16. ADJOURNMENT

Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based.

Anyone who needs a special accommodation for this meeting may contact the County’s Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.

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

July 19, 2011 Page 5 of 6 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.

July 19, 2011 Page 6 of 6 PROCLAMATION

DESIGNATING JULY 18, 2011 THROUGH JULY 24, 2011 AS TREASURE COAST WATERWAY CLEANUP WEEK IN INDIAN RIVER COUNTY

WHEREAS, on Saturday, July 23, 2011, the Marine Industries Association of the Treasure Coast in conjunction with the Florida Inland Navigation District will conduct the 4th Annual Treasure Coast Waterway Cleanup; and

WHEREAS, this event will attract approximately 1,000 volunteers who will participate in cleaning up the waterways of Indian River, Martin and St. Lucie Counties; and

WHEREAS, 22 designated · sites throughout the three counties will serve as registration and disposal sites for the volunteers to work out of; and

WHEREAS, numerous waterfront homeowners associations have been recruited to cleanup their own waterfronts; and

WHEREAS, in 2010, nearly nine tons of trash was collected from approximately 125 miles of waterways with an expectation of a significantly larger amount to be collected this year with an increased volunteer effort.

NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, that the week of July 18, 2011 through July 24, 2011, be designated as "TREASURE COAST WATERWAY CLEANUP WEEK" in Indian River County, and all citizens are encouraged to use this occasion to foster appreciation for the Treasure Coast Waterways and assist in the cleanup efforts.

Adopted this 19th day of July, 2011. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

Bob Solari, Chairman

Wesley S. Davis Q ~;-(d?~ 7A

INFORMATIONAL ITEMS July 19, 2011

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

To: Members of the Board of County Commissioners

Date: July 13, 2011

Subject: 2011 ELECTION OF COMMUNITY DEVELOPMENT BLOCK GRANT CITIZENS ADVISORY TASK FORCE CHAIRMAN AND VICE CHAIRMAN

From: Darcy Vasilas, Commissioner Assistant District 3

At the July 12, 2011 Community Development Block Grant (CDBG) Citizens Advisory Task Force meeting, the members voted to re-elect Rev. William Mosley as Chairman, and elect Joe ldlette as Vice Chairman for the year 2011.

No Board action is required.

2 ZA

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: July 7, 2011

SUBJECT: APPROVAL OF WARRANTS AND WIRES July 1, 2011 to July 7, 2011

FROM: DIANE BERNARDO- FINANCE DIRECTOR

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

Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of July 1, ;Wll to July 7, 2011.

Attachment:

DB:MS

3 CHECKNBR CK DATE VENDOR AMOUNT 269421 6/30/2011 UT REFUNDS 73.58 269422 7/1/2011 1 ORANGE COUNTY HOUSING AND 633.03 269423 7/1/2011 I SANDY PINES 974.00 269424 7/1/201 I I ALL FLORIDA REALTY SERVICES INC 6,419.00 269425 7/1/2011 1 BREVARD COUNTY HOUSING AUTHORITY 543.03 269426 7/1/2011 1 GERALD T CAPAK 299.00 269427 7/1/2011 1 PAUL CARONE 525.00 269428 7/1/2011 1 CHERYL DOYLE 350.00 269429 7/1/2011 1 VERO BEACH EDGEWOOD PLACE (305-113) 987.00 269430 7/1/2011 1 GIFFORD GROVES LTD 1,922.00 269431 7/1/2011 1 GRACES LANDING LTD 6,873.00 269432 7/1/2011 1 MICHAEL JACKOWSKI 813.00 269433 7/1/2011 1 TERRY A LAWRENCE 77.00 269434 7/1/2011 1 LINDSEY GARDENS APARTMENTS 12,308.00 269435 7/1/2011 1 BRYAN D BLAIS · 975.00 269436 7/1/2011 1 RIVER PARK ASSOCIATES 7,675.00 269437 7/1/2011 1 RICHARD C THERIEN 875.00 269438 7/1/2011 1 CREATIVE CHOICE HOMES XVI LTD 454.00 269439 7/1/2011 1 CREATIVE CHOICE HOMES XVI LID 7,532.00 269440 7/1/2011 1 DAVID YORK 558.00 269441 7/1/2011 1 LILL YB YORK 359.00 269442 7/1/2011 I ST FRANCIS MANOR OF VERO BEACH 1,139.00 269443 7/1/2011 1 CITY OF VERO BEACH 786.00 269444 7/1/2011 1 SALLIE (WYNN) BLAKE 472.00 269445 7/1/2011 1 CCA HOLDINGS LIMITED PARTNERSHIP 3,248.00 269446 7/1/2011 1 TREASURE COAST HOMELESS SERVICES 709.00 269447 7/1/2011 1 FLORIDA POWER AND LIGHT 629.00 269448 7/1/2011 1 FULCHINI ENTERPRISES INC 304.00 269449 7/1/2011 I VENETIAN APARTMENTS OF VERO BEACH 917.00 269450 7/1/2011 STASKI ENTERPRISES INC 619.00 269451 7/1/2011 HERMOSA PROPERTIES LLC 417.00 269452 7/1/2011 PINNACLE GROVE LTD 6,523.00 269453 7/1/2011 VERO CLUB PARTNERS LTD 13,926.00 269454 7/1/2011 FORT PIERCE HOUSING AUTHORITY 1,924.12 269455 7/1/2011 INDIAN RIVER COUNTY HOUSING AUTHORITY 1,021.00 269456 7/1/2011 CRAIG MERRILL 1,189.00 269457 7/1/2011 CHRISTINE SALTER 541.00 269458 7/1/2011 HAGGERTY FAMILY LTD 327.00 269459 7/1/2011 I THE PALMS AT VERO BEACH 18,124.00 269460 7/1/2011 1 THE PALMS AT VERO BEACH 650.00 269461 7/1/201 I I DA YID AND PA TRICIA CONDON 591.00 269462 7/1/2011 1 HILARY MCIVOR 660.00 269463 7/1/2011 I BURLEY E MONDY JR 700.00 269464 7/1/201 I 1 PAULA LANE 422.00 269465 7/1/2011 1 VERO PINES LLC 305.00 269466 7/1/201 I 1 WARREN ROBERT BEANS 560.00 269467 7/1/2011 1 JOHN A CAPPELLO 367.00 269468 7/1/2011 I TCG SONRISE II LLC 594.00 269469 7/1/201 I I KARL LACHNITT 442.00 269470 7/1/201 I 1 PELICAN ISLE 5,830.00 269471 7/1/201 I 1 JOHNFBAER 6,982.00 269472 7/1/2011 1 CAMERON HORD 570.00 269473 7/1/2011 I SUNCOAST REAL TY & RENTAL MANAGEMENT LLC 2,434.00 269474 7/1/2011 I OAK RIVER PROPERTIES 1,675.00 269475 7/1/2011 I JOSERPOMPA 612.00 269476 7/1/2011 1 KENNEN COHEN 404.00 269477 7/1/2011 I INVESTORS REAL TY OF !RC 641.00 269478 7/1/2011 I BOGDAN HYTROS 99.00

4 CHECKNBR CKDATE VENDOR AMOUNT 269479 7/1/2011 1 COLETTA DORADO 540.00 269480 7/1/2011 1 MARILYN LEWIS 743.00 269481 7/1/2011 1 STEPHEN J SHORT SR 711.00 269482 7/1/2011 1 MICHAEL KANNER 1,133.00 269483 7/1/2011 1 RICHARD JOHN KELLER 513.00 269484 7/1/2011 1 ADINA GOLDMAN 458.00 269485 7/1/2011 1 INDIAN RIVER RDA LP . 745.00 269486 7/1/2011 1 SAMUEL P N COOK 360.00 269487 7/1/2011 1 BLAIR BURNS 610.00 269488 7/1/2011 1 DANIEL GOWER 499.00 269489 7/1/2011 1 STEVEN ROBERT HARTMAN 565.00 269490 7/1/2011 1 LAZY JLLC 425.00 269491 7/1/2011 1 ANTHONY STEWART 390.00 269492 7/1/2011 STEPHANIE FOUNTAIN 291.00 269493 7/1/2011 WINFRIED AND LESLIE ARENDT 682.00 269494 7/1/2011 SYLVIA MCNEILL 301.00 269495 7/1/2011 SKOKIE HOLDINGS INC 444.00 269496 7/1/2011 LILIAN N BEUTTELL 440.00 269497 7/1/2011 ROGER WINSLOW 495.00 269498 7/1/2011 RUTHIE SWAN 272.00 269499 · 7/1/2011 VINCENT PILEGGI 333.00 269500 7/1/2011 BENOIT TREMBLAY 768.00 269501 7/1/2011 WALTER BRYAN BRITTON 794.00 269502 7/1/2011 OSLO VALLEY PROPER TIES INC 1,607.00 269503 7/1/2011 VICKY L STANLEY 820.00 269504 7/1/2011 1 CORY J HOWELL 621.00 269505 7/1/2011 1 CHOICE RENTALS INC 471.00 269506 7/1/2011 1 WILLIAM JAMES STANGANELLI 426.00 269507 7/1/2011 1 TRADITIONAL PROPERTIES GROUP INC 750.00 269508 7/1/2011 1 THE CHARLES F FOWLER 1956 CHARITABLE UNI 780.00 269509 7/1/2011 1 OSCEOLA COUNTY SECTION 8 591.03 269510 7/1/2011 1 CAMACLEMADIERICH LLC 702.00 269511 7/1/2011 1 MINAKOEMARIE BOEDJARA TH TRUST 598.00 269512 7/1/2011 1 WYNNOWLE 607.00 269513 7/1/2011 1 SUZANNE D VERNON 800.00 269514 7/1/2011 1 ASSOCIATED HOME SOLUTIONS LLC 486.00 269515 7/1/2011 1 DONALD G COMBS 495.00 269516 7/1/2011 1 JOHN AND LA VERNE MATTHEWS 700.00 269517 7/1/2011 1 THE GUARDIAN 20,391.50 269518 7/1/2011 1 COLONIAL LIFE & ACCIDENT INS CO 105.96 269519 7/1/2011 1 AMERICAN FAMILY LIFE ASSURANCE CO 13,542.32 269520 7/1/2011 1 ALLSTATE· 833.34 269521 7/1/2011 1 RELIANCE STANDARD LTD 538.94 269522 7/1/2011 1 RELIANCE STANDARD LTD 6,373.89 269523 7/1/2011 1 PHYLLIS BROWN 126,700.00 269524 7/6/2011 1 ILLINOIS STATE DISBURSEMENT UNIT 142.32 269525 7/6/2011 1 CHAPTER 13 TRUSTEE 306.48 269526 7/6/2011 1 VB FIREFIGHTERS ASSOC 6,150.00 269527 7/6/2011 IR FEDERAL CREDIT UNION 46,907.19 269528 7/6/2011 CALIFORNIA STATE DISBURSEMENT UNIT 120.92 269529 7/6/2011 MISDU MICHIGAN STATE 478.85 269530 7/6/2011 ADMIN FOR CHILD SUPPORT ENFORCEMENT 192.03 269531 7/6/2011 ADMIN FOR CHILD SUPPORT ENFORCEMENT 194.65 269532 7/6/2011 ADMIN FOR CHILD SUPPORT ENFORCEMENT 108.62 269533 7/6/2011 OHIO CHILD SUPPORT 235.39 269534 7/6/2011 ROLFE&LOBELLO,P.A. 100.00 269535 7/6/2011 ADREU,PALMA&ANDREU 521.45 269536 7/6/2011 ECMC 143.05 269537 7/7/2011 FARM EQUIPMENT CO INC 4,418.71 269538 7/7/2011 STURGIS LUMBER & PLYWOOD CO 11.10

2 5 CHECKNBR CK DATE VENDOR AMOUNT 269539 7/7/2011 1 JORDAN MOWER INC 43.28 269540 7/7/2011 1 INDIAN RIVER AUTO PARTS LLC 122.68 269541 7/7/2011 1 INDIAN RIVER AUTO PARTS LLC 37.31 269542 7/7/2011 1 SSESINCDBA 2,107.64 269543 7/7/2011 1 TEN-8 FIRE EQUIPMENT INC 19,887.02 269544 7/7/2011 1 HARRISON UNIFORMS 2,469.95 269545 7/7/2011 1 COPYCO INC DBA 121.77 269546 7/7/2011 1 IKON OFFICE SOLUTIONS 246.08 269547 7/7/2011 I CHISHOLM CORP OF VERO 87.40 269548 7/7/2011 1 VELDE FORD INC 262.77 269549 7/7/2011 I SAFETY PRODUCTS INC 2,039.88 269550 7/7/2011 1 STEWART MINING INDUSTRIES INC 618.93 269551 7/7/2011 I RUSSELL CONCRETE INC 1,188.75 269552 7/7/2011 1 LIGHTSOURCE IMAGING SOLUTIONS LLC 303.34 269553 7/7/2011 1 SEWELL HARDWARE CO INC 6.76 269554 7/7/2011 1 INDIAN RIVER OXYGEN INC 720.47 269555 7/7/2011 I GENES AUTO GLASS INC 200.00 269556 7/7/2011 1 COCA COLA REFRESHMENTS USA INC 481.44 269557 7/7/2011 1 REPUBLIC SERVICES OF FL LP 177.34 269558 7/7/2011 1 VERO LAWNMOWER CENTER INC 107.44 269559 7/7/2011 1 THE GALE GROUP 26.25 269560 7/7/2011 I AMERIGAS EAGLE PROPANE LP 468.39 269561 7/712011 1 AMERIGAS EAGLE PROPANE LP 1,435.39 269562 7/7/2011 1 MIKES GARAGE & WRECKER SERVICE INC 175.00 269563 7/7/2011 I DAILY COURIER SERVICE 1,270.00 269564 7/7/2011 1 APPLE INDUSTRIAL SUPPLY CO 200.60 269565 7/7/2011 1 PHYSIO CONTROL INC 761.60 269566 7/7/2011 1 ALLIED ELECTRONICS INC 395.70 269567 7/7/2011 1 RELIABLE SEPTIC AND SERVICE 45.00 269568 7/7/2011 I SCHULKE BITTLE & STODDARD LLC 2,316.21 269569 7/7/2011 I VERO INDUSTRIAL SUPPLY INC 1,676.22 269570 7/7/2011 1 CARTER ASSOCIATES INC 2,400.00 269571 7/7/2011 1 HOMELAND IRRIGATION 3.20 269572 7/7/2011 1 R & G SOD FARMS 66.50 269573 7/7/2011 1 GENERAL PART INC 1,289.00 269574 7/7/2011 1 BLAKESLEE SERVICES INC 760.00 269575 7/7/2011 1 BAKER & TAYLOR INC 822. 18 269576 7/7/2011 1 MIDWEST TAPE LLC 113.44 269577 7/7/2011 1 RECORDED BOOKS LLC 362.40 269578 7/7/2011 1 ARAMARK UNIFORM SERVICES 1,043.97 269579 7/7/2011 1 LOWES CO INC 2,643.20 269580 7/7/2011 I JOHN DEERE COMPANY 17,254.16 269581 7/7/2011 1 K & M ELECTRIC SUPPLY 270.35 269582 7/7/201 I l PALM TRUCK CENTERS INC 498.38 269583 7/7/2011 1 COMMUNITY ASPHALT CORP 1,564.68 269584 7/7/2011 1 CITY OF VERO BEACH 82,329.96 269585 7/7/2011 1 AT&T 62.90 269586 7/7/2011 1 PETTY CASH 34.26 269587 7/7/2011 1 FLORIDA EAST COAST RAILWAY COMPANY 37,437.12 269588 7/7/2011 1 JANITORIAL DEPOT OF AMERICA INC 1,646.88 269589 7/7/2011 1 TREASURE COAST HOMELESS SERVICES 132.84 269590 7/7/2011 1 PUBLIX SUPERMARKETS 90.00 269591 7/7/2011 1 PUBLIX SUPERMARKETS 27.95 269592 7/7/2011 1 PUBLIX SUPERMARKETS 42.15 269593 7/7/2011 1 INDIAN RIVER COUNTY UTILITIES 86.23 269594 7/7/2011 1 TOTAL TRUCK PARTS INC 40.08 269595 7/7/2011 1 ACUSHNET COMPANY 2,041.62 269596 7/7/20[] I GEOSYNTEC CONSULTANTS INC 12,138.85 269597 7/7/2011 1 DUMONT COMPANY, INC 2,090.25 269598 7/7/2011 I OFFICE DEPOT BSD CUSTOMER SVC 454.20

3 6 CHECKNBR CK DATE VENDOR AMOUNT 269599 7/7/2011 1 AMERICAN RED CROSS NO TREASURE COAST CHA 8.00 269600 7/7/2011 1 FEDERAL EXPRESS 40.71 269601 7/7/2011 1 HD SUPPLY FACILITIES MAINTENANCE LTD 278.68 269602 7/7/2011 1 COMO OIL COMPANY OF FLORIDA 31.32 269603 7/7/2011 1 COMO OIL COMPANY OF FLORIDA 3 l.85 269604 7/7/2011 1 TRAFFIC PARTS INC 3,170.00 269605 7/7/2011 1 CORPORATION OF THE PRESIDING BISHOP 33.00 269606 7/7/2011 1 FLORIDA POWER AND LIGHT 342.35 269607 7/7/2011 1 FLORIDA POWER AND LIGHT 4,899.90 269608 7/7/2011 1 FLORIDA POWER AND LIGHT 2,026.39 269609 7/7/2011 I ACUSHNET COMPANY l,532.53 269610 7/7/2011 l ROBERT KEATING 365.00 269611 7/7/201 l 1 NIKE USA INC 90.54 269612 7/7/2011 1 JAMES GRAY JR 81.11 269613 7/7/201] 1 MORNINGSTAR INC 925.00 269614 7/7/2011 1 TAYLOR MADEGOLF CO INC 19.25 269615 7/7/2011 1 WASTE MANAGEMENT INC 2,459.98 269616 7/7/2011 I COMPLETE ELECTRIC INC 908.00 269617 7/7/2011 1 JOSEPH A BAIRD 604.81 269618 7/7/2011 1 JASON E BROWN 246.90 269619 7/7/2011 1 BARKER ELECTRIC, AIR CONDITIONING 905.00 269620 7/7/2011 1 CHRISTOPHER R MORA 133.58 269621 7/7/2011 1 INDIAN RIVER COUNTY HEALTHY START 5,616.73 269622 7/7/2011 1 GERALD A YOUNG SR 45.00 269623 7/7/2011 1 UNIVERSITY OF FLORIDA 130.00 269624 7/7/2011 1 RANGE ROAD MINE LLC 2,940.00 269625 7/7/2011 1 GK ENVIRONMENTAL INC 2,850.00 269626 7/7/2011 1 RONALD PRICE 500.00 269627 7/7/2011 l FLORIDA DEPT OF LAW ENFORCEMENT 504.00 269628 7/7/2011 l ADVANCED XEROGRAPHICS IMAGING l ,962.93 269629 7/7/2011 1 BRIDGE DESIGN ASSOCIATES INC l ,049.50 269630 7/7/2011 1 THE BREAKERS OF PALM BEACH 465.00 269631 7/7/2011 l SOUTHERN PLUMBING INC 190.80 269632 7/7/2011 1 RECHTIEN INTERNATIONAL TRUCKS 199.21 269633 7/7/2011 1 BENOIT & KAREN TREMBLAY 97.50 269634 7/7/2011 1 J C WELTON CONST INC 39,927.00 269635 7/7/2011 1 MICHAEL QUIGLEY 160.00 269636 7/7/2011 1 PUKKA INC 720.00 269637 7/7/2011 1 RUSSELL PAYNE INC 595.84 269638 7/7/2011 1 WILLIAM SHANDOR 280.00 269639 7/7/2011 1 JEAN PETERS 200.00 269640 7/7/2011 1 POL YDYNE INC 2,507.00 269641 7/7/2011 1 RANDOM HOUSE INC 34.00 269642 7/7/2011 1 SOUTHERN JANITOR SUPPLY INC 1,842.10 269643 7/7/2011 l CENTRAL PUMP & SUPPLY INC 168.16 269644 7/7/2011 1 UNITED FOR FAMILIES 100.00 269645 7/7/2011 1 DICKERSON FLORIDA INC 60,804.56 269646 7/7/2011 I DICKERSON FLORIDA INC 1,128.96 269647 7/7/2011 I BEACHLAND CLEANING SERVICE 1,078.00 269648 7/7/2011 l AMERICAN LIBRARY SALES 181.22 269649 7/7/2011 1 LARRY STEPHEN FAISON 60.00 269650 7/7/2011 l JOE RIVERA 60.00 269651 7/7/2011 1 DANE PFARR 60.00 269652 7/7/2011 1 JACK ICE AND JAVA INC l 80.00 269653 7/7/2011 1 VOYAGER FLEET SYSTEMS INC 20,023.03 269654 7/7/2011 1 1 ST FIRE & SECURITY INC 144.00 269655 7/7/2011 I KENNY CAMPBELL JR 60.00 269656 7/7/2011 1 MARY COLLIS 170.00 269657 7/7/2011 1 GIS INFORMATION SYSTEMS INC 3,486.76 269658 7/7/2011 1 CHRIS K BLAHNIK 299.00

4 7 CHECKNBR CKDATE VENDOR AMOUNT 269659 7/7/201 I I CEMEX 246.21 269660 7/7/2011 I LUCILENE SANTOS 150.00 269661 7/7/201 I I AUTO PARTNERS LLC 270.76 269662 7/7/2011 I GLADYS W1LLIAMS 50.00 269663 7/7/2011 I MICHELLE T VAN KEULEN 150.00 269664 7/7/2011 I EQ IBE ENVIRONMENTAL QUALITY COMPANY 15,978.21 269665 7/7/2011 I SHELLEY STUVEN 40.00 269666 7/7/2011 I SANDY ARACENA 60.00 269667 7/7/2011 I THATCHER CHEMICAL OF FLORIDA 3,853.20 269668 7/7/2011 I KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 144.72 269669 7/7/201 I I S & S AUTO PARTS 1,043.30 269670 7/7/2011 I GUARDIAN LOCKSMITH 214.00 269671 7/7/2011 I LYON FINANCIAL SERVICES INV 296.09 269672 7/7/201 I I TREASURE COAST SW1MMING LLC 150.00 269673 7/7/201 I I SUSTAINABLE ENGINEER & DESIGN LLC 950.00 269674 7/7/2011 I ACCUTECH INSTRUMENTATION INC 72.04 269675 7/7/2011 I GUETTLER BROTHERS CONSTRUCTION LLC 507,758.22 269676 7/7/2011 I BARRY TRAMMELL 120.00 269677 7/7/2011 I JULIE NORMAN 90.00 269678 7/7/2011 I STEVEN A ABBOND 60.00 269679 7/7/2011 I CHRISTIE JOHNSON 60.00 269680 7/7/201 I I YOUR AQUA INSTRUCTOR LLC 170.00 269681 7/71201 I I HUNTER SULLIVAN 117.00 269682 7/7/2011 I W1NDSTAR BUILDERS INC 875.00 269683 7/7/2011 I LLOYD W1LSON 400.00 269684 7/7/201 I I INDYMAC MORTGAGE SERVICES 500.00 269685 7/7/201 I I GENEAH J ESCOBAR 90.00 269686 7/7/2011 I STACY BENEZRA 100.00 269687 7/7/201 I I JOHN CAUDILL 50.00 269688 7/7/2011 I KELLY CRAIG 50.00 269689 7/7/2011 I MARY RIVAS 50.00 269690 7/7/2011 I SUPER 8 KISSIMMEE SUITES 140.00 Grand Total: 1,292,063.81

5 8 vv au:,,:, L>Dl'l l

CHECKNBR CK DATE VENDOR AMOUNT 1521 7/1/2011 I RANGER CONSTRUCTION IND INC 456,991.07 1522. 7/1/201 I I MILB VERO BEACH LLC 58,941.68 1523 7/5/201 I I FL RETIREMENT SYSTEM 436,027.64 1524 7/5/2011 I FL RETIREMENT SYSTEM 109.60 1525 7/5/2011 I FL RETIREMENT SYSTEM 474.48 1526 7/6/2011 1 BENEFITS WORKSHOP 4,126.45 1527 7/6/2011 I RANGER CONSTRUCTION IND INC 31,240.61 1528 7/7/2011 I IRS-PAYROLL TAXES 12,389.67 Grand Total: 1,000,301.20

9 CAROLE JEAN JoRDAN Tax Collector

July 12, 2011

Board of County Commissioners Attention: Bob Solari, Chairman 1801 27'h Street, Bldg A Vero Beach, FL 32960

Re: Errors and Insolvencies Report for the 2010 Tax Roll

Pursuant to Chapter 197.492 of the Florida Statutes, please find enclosed a certified copy of the Errors and Insolvencies Report and the Daily Summary for the 2010 Tax Roll. The Errors and Insolvencies Report shows the errors, double assessments, and insolvencies and the Daily Summary shows the discounts allowed.

If I may be of further assistance, please do not hesitate to contact me. Thank you.

Carole Jean Jordan Indian River County Tax Collector

CJJ:ekp Attachments

P.O. Box 1509. VERO BEACH, IL 32961-1509 PHONE, (772) 226-1338 • FAX: (772) 770-5009 www.lRCtax.com 10 / "~ - ·,✓ Indian River Countv Tax Collector: Carole Jean Jordan

Date Jul-12-2011 Error and Insolvencies Report

Tax Year 2010

Run Number All Tax Rolls

Start Correction Date

End Correction Date 06/01/2011

Include Insolvencies y

Include Litigation y

Report Sequence Account Number

Start Account Number

End Account Number

Disclaimer - The assessed values displayed on this report reflect the overall County assessed value and not necessarily assessed value of each authority represented on the parcel.

This is a certified copy of the Errors and Insolvencies Repo/4-t/ for

Carole Jearl' Jord·a,n · Tax Collector - ~· ~-

. .-...\ - uate , Jul-12-2011 Error and Insolvencies N.eport Page 18 or 18

Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status

L VLM VERO LAKES ESTATES MSTU STR LG -19.00 -19.00

L WWM WEST WABASSO STREET LIGHT-MSBU

M OSQ MOSQUITO CONTROL 1,128.10 -7,090.43 -5,962.33

R SJW ST JOHNS RIVER WATER 2,004.39 -11,132.20 -9,127.81

s SBD SCHOOL BOND 1,405.08 -8,843.33 -7,438.25

s SCI SCHOOL LOCAL 11,205.13 -66,939.67 -55,734.54 ····-··-······-··-···· s SSL SCHOOL - STATE LAW 23,432.06 -145,298.44 -121,866.38

T FEL CITY OF FELLSMERE -429.24 -429.24

T IRS TOWN OF IND RIV SHORES 69.62 -4,906.76 -4,837. 14

T ORC TOWN OF ORCHID 6.64 -8.51 -1.87

T SEB CITY OF SEBASTIAN 44.90 -5,868.53 -5,823.63

T SSA SEBASTIAN STORM WATER SERVICES -263.68 -263.68

T VEB CITY OF VERO BEACH 2,327.06 -4,605.95 -2,278.89 -- Correction Totals 78,892.20 -447,989.64 -369,097.44

Total Insolvent -35,096.10 -35,096.10

Total Litigation -35,096.10 -35,096.10

Grand Totals 78,892.20 -518,181.84 -439,289.64

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Tax Manager - Coovright - Manatron. Inc. Printed by : EPRETE

-N Indian River Countv Tax Collector : Carole Jean Jordan

Date Jul-12-2011 Daily Summary of Roll for 2010 as of Transactions Ending 06/01/2011 Page I of

Description Real Estate Tangible Railroads Grand Total Pct

DEBITS: TAXES LEVIED 240,160,444.44 88,944 9,545,059.25 12,244 221,448.32 702 249,926,952.01 101,890 BACK TAXES ADDED [86,295.18 II 23,791.20 3 704.79 I 210,791.17 15 CORRECTIONS TO ROLL 33,448.63 36 181.32 4 0.00 0 33,629.95 40 (1,393,534.72) 1,306 {132,769.10) 443 (507.33) 69 (1,526,811.15) 1,818 NET OF NON-E&I 0.00 0 0.00 0 0.00 0 0.00 0 TANGIBLE PENAL TIES 0.00 0 0.00 0 0.00 0 0.00 0 TOT AL LEVIED 238,986,653.53 90,297 9,436,262.67 12,694 221,645.78 772 248,644,561.98 103,763 CREDITS: TOT AL COLLECTED 236,847,607.58 103,602 9,054,369.88 2,026 218,864.63 33 246,120,842.09 105,661 DISCOUNTS ALLOWED {8,245,584.01) 0 (329,814.84) 0 {2,414.58) 0 (8,577,813.43) 0 INTEREST CHARGED [50,900.27 0 1,587.88 0 0.00 0 152,488.15 0 TOTAL CASH CREDITS 244,942,291.32 103,602 9,382,596.84 2,026 221,279.21 33 254,546,167.37 !05,661 97.68 % UNCOLLECTED (5,955,637.79) (13,305) 53,665.83 10,668 366.57 739 (5,901,605.39) (1,898) (97.68)% TOT AL CREDITS 238,986,653.53 90,297 9,436,262.67 12,694 221,645.78 772 248,644,561.98 103,763

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Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status

KASH! CHURCH FOUNDATION INC 78240 56,930 N -28.09 0 UNDER MINIMUM MENSING FREDERICK D III & RI 78520 54,690 N -79.45 43376 REDUCE VALUE & TAX M&VLLC 79600 1,295,650 N -4,823.85 43367 REDUCE VALUE & TAX FL ATL CITRUS PROP OWNRS ASSOC 79800 70 N -20.14 0 UNDER MINIMUM M&VLLC 79810 640,150 N -5,107.50 0 REDUCE VALUE & TAX FL ATL CITRUS PROP OWNRS ASSOC 79820 60 N -19.98 0 UNDER MINIMUM FL ATL CITRUS PROP OWNRS ASSOC 79870 50 N -19.81 0 UNDER MINIMUM FL ATL CITRUS PROP OWNRS ASSOC 79880 30 N -9.97 0 UNDER MINIMUM FL ATL CITRUS PROP OWNRS ASSOC 79930 40 N -19.64 0 UNDER MINIMUM FL ATL CITRUS PROP OWNRS ASSOC 79940 60 N -19.98 0 UNDER MINIMUM FL ATL CITRUS PROP OWNRS ASSOC 80000 90 N -29.96 0 UNDER MINIMUM FL ATL CITRUS PROP OWNRS ASSOC 80010 50 N -19.81 0 UNDER MINIMUM FL ATL CITRUS PROP OWNRS ASSOC 80060 50 N -19.81 0 UNDER MINIMUM FL ATL CITRUS PROP OWNRS ASSOC 80140 30 N -9.97 0 UNDER MINIMUM FL ATL CITRUS PROP OWNRS ASSOC 80260 40 N -10.14 0 UNDER MINIMUM FL ATL CITRUS PROP OWNRS ASSOC 80270 50 N -19.81 0 UNDER MINIMUM FL ATL CITRUS PROP OWNRS ASSOC 80380 30 N -9.97 0 UNDER MINIMUM FL ATL CITRUS PR OWNRS ASS INC 80660 40 N -19.64 0 UNDER MINIMUM PARENTELA VINCENT & DIANE 81010 627 N -20.82 0 UNDER MINIMUM CITY OF FELLSMERE 84310 380 N -28.09 0 UNDER MINIMUM INDIAN RIVER COUNTY 84780 11,400 N -28.09 0 UNDER MINIMUM MUELLER JAMES F & DOROTHY A 86240 61,360 N -114.11 43570 REDUCE VALUE & TAX NEW BETHEL AME CHURCH 88720 9,660 N -9.50 0 UNDER MINIMUM MT OLIVE MISSIONARY BAPTIST CH 88800 4,460 N -9.50 0 UNDER MINIMUM MT OLIVE MISSIONARY BAPTIST CH 88810 4,460 N -9.50 0 UNDER MINIMUM CHMILARSKI LEE A (TR) 97140 64,250 N -130.32 43579 ADD SENIOR EXEMPTION FELLSMERE CHURCH OF GOD (TRS) 97770 149,630 N -9.50 0 UNDER MINIMUM REDLANDS CHRISTIAN MIGRANT ASS 97940 14,250 N -9.50 0 UNDER MINIMUM JOURNIGAN HORACE & 100940 14,100 N -9.50 0 UNDER MINIMUM CITY OF FELLSMERE 101720 135,750 N -28.09 0 UNDER MINIMUM CITY OF FELLSMERE 103170 213,770 N -28.09 0 UNDER MINIMUM NARANJO DANIEL & 104100 55,770 N -167.70 43565 REDUCE VALUE & TAX PRESSLEY RANCH INC 104820 360 N -5.77 0 UNDER MINIMUM HOLMAN BL (LESS) & 104880 330 N -5.29 0 UNDER MINIMUM MITCHELL BETTY G (DT) 113780 73,140 N -553.94 0 L I HD - HOMESTEAD TAX DEFER INDIAN RIVER COUNTY HOUSING AU 125870 112,120 N -877.35 43495 GOVT OWN CANCEL BAL O'HAIRE MICHAEL 127440 450 N -6.66 0 UNDER MINIMUM KEAN JOHN & STEW ART B (TRS) & 127470 350 N -5.18 0 UNDER MINIMUM TUERK GEORGE R & 127490 790 N -12.87 0 UNDER MINIMUM LOST TREE VILLAGE CORP 127500 l,710 N -25.51 0 UNDER MINIMUM LOST TREE VILLAGE CORP 127510 l,OIO N -14.95 0 UNDER MINIMUM

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Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit. I Insolv. Reason/Status

HOEHN EDWARD G !IT & NANCY B ( 128200 1,625,530 N -2,081.28 43571 CORRECT SOH CAP VAN PELT DA YID S & ELIZABETH A 128650 3,437,200 N -2,438.84 43631 REDUCE VALUE & TAX VANNECK NANCY B (TR) 129290 50,000 N 515.32 43568 REMOVE HOMESTEAD EX SMITH ROBERT L (TR) & 130840 498,360 N -6,558.44 43628 VAB RULING EVANS PROPERTIES INC 130930 350 N -5.58 0 UNDER MINIMUM VERO BEACH COUNTRY CLUB !NC 135390 1,010 N -17.22 0 UNDER MINIMUM MAXWELL PROPERTIES INC 135410 1,064,370 N -90.29 43388 REDUCE LANDFU,L FEE STRUNK GLENN A & DOROTHY 135600 349,510 N 5,719.30 43595 REMOVED EXEMPTION FIRST PRESBYTERIAN CHURCH OF V 140740 27,140 N -17.00 0 UNDER MINIMUM R-MAX OF INDIAN RNER INC 142430 369,400 N -181.22 43389 REDUCE LANDFILL FEE WA VE VICTORIA VILLAGE LLC 142620 671 N -21.59 0 UNDER MINIMUM FELIX POPPELL POST#39 DEPT OF 148290 75,440 N -17.00 0 UNDER MINIMUM ROY AL PARK CONDO ASSN BLDG E 148920 0 N -17.00 0 UNDER MINIMUM ROY AL PARK CONDO ASSN BLDG W 149200 0 N -17.00 0 UNDER MINIMUM INDIAN RIVER COUNTY HOUSING AU 159980 55,510 N -228.82 43505 GOVT OWN CANCEL BAL INDIAN RIVER COUNTY 161000 360,700 N -28.09 0 UNDER MINIMUM ST VINCENT DE PAUL SOC !RC INC 161070 6,980 N -17.00 0 UNDER MINIMUM ST VINCENT DE PAUL SOC !RC !NC 161080 24,780 N -17.00 0 UNDER MINIMUM FIRST CHURCH OF CHRIST SCIENTI 161750 141,310 N -17.00 0 UNDER MINIMUM FIRST BAPTIST CHURCH OF VERO B 162100 100,940 N -17.00 0 UNDER MINIMUM HAGGERTYFAMILYLLC, THE 162340 42,710 N -728.35 0 CUTOUT HAGGERTY FAMILY LLC, THE 162340 42,710 N 338.86 43434 CUTOUT COMMUNITY CHURCH OF VERO BEACH 162620 53,180 N -17.00 0 UNDER MINIMUM COMMUNITY CHURCH OF VERO BEACH 162630 60,890 N -17.00 0 UNDER MINIMUM FIRST UNITED METHODIST CHURCH 162640 50,810 N -17.00 0 UNDER MINIMUM FIRST UNITED METHODIST CHURCH 162650 25,400 N -17.00 0 UNDER MINIMUM FIRST UNITED METHODIST CHURCH 162970 30,280 N -17.00 0 UNDER MINIMUM FIRST UNITED METHODIST CHURCH 162980 114,910 N -17.00 0 UNDER MINIMUM FIRST METHODIST CHURCH OF VERO 163030 47,500 N -17.00 0 UNDER MINIMUM FIRST METHODIST CHURCH OF VERO 163040 173,860 N -17.00 0 UNDER MINIMUM FIRST METHODIST CHURCH OF VERO 163050 64,390 N -17.00 0 UNDER MINIMUM CITY OF VERO BEACH ALLEY 163310 0 N -17.00 0 UNDER MINIMUM VERO BEACH THEATRE GUILD !NC 167370 25,570 N -17.00 0 UNDER MINIMUM ST FRANCIS MANOR !NC 169380 22,740 N -17.00 0 UNDER MINIMUM ST FRANCIS MANOR !NC 169390 22,740 N -17.00 0 UNDER MINIMUM EV ANGELICAL COVENANT CHURCH OF 170780 105,770 N -17.00 0 UNDER MINIMUM EV ANGELICAL COVENANT CHURCH OF 170790 68,110 N -17.00 0 UNDER MINIMUM EV ANGELICAL COVENANT CHURCH OF 170920 97,220 N -17.00 0 UNDER MINIMUM TRIPLES HOLDINGS LTD 173540 130 N -2.05 0 UNDER MINIMUM LISLE DORIS M (TR)(TOK)(H) 173560 1,420 N -22.78 0 UNDER MINIMUM TRIPLES HOLDINGS LTD 173600 250 N -4.01 0 UNDER MINIMUM

Tax Manager - Copvright - Manatron. Inc . Printed by : EPRETE ...... CJ1 uai::e ,JUl-lL-LUll li:rror and 1nsolvenc1es Keport Page 3 of 18

Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status TRlPPE CHARLES W & PAMELA R 173760 769,800 N -1,355.87 43552 REDUCE VALUE & TAX FOUNTAIN JOHN N JR 176570 380 N -23.16 0 UNDER MINIMUM COFFEY JAMES W & MARY ANN 176580 760 N -29.31 0 UNDER MINJMUM GILMORE JOSEPH A & STEPHANIE 176690 100 N -1.61 0 UNDER MINJMUM PRIMA VISTA CORPORA T!ON 176760 100 N -18.61 0 UNDER MINJMUM RJCORP 181480 1,896,000 N -1,660.28 43613 VAB RULING VERO BEACH CHURCH OF CHRIST 184120 40,970 N -17.00 0 UNDER MINJMUM VERO BEACH CHURCH OF CHRIST 184130 81,930 N -17.00 0 UNDER MINJMUM VERO BEACH CHURCH OF CHRIST 184150 20,930 N -17.00 0 UNDER MINJMUM VERO BEACH CHURCH OF CHRIST 184180 7,750 N -17.00 0 UNDER MINJMUM VERO BEACH CHURCH OF CHRIST 184200 15,500 N -17.00 0 UNDER MINJMUM VERO BEACH CHURCH OF CHRIST 184230 31,010 N -17.00 0 UNDER MINJMUM VERO BEACH CHURCH OF CHRIST IN 184270 58,600 N -17.00 0 UNDER MINJMUM VERO BEACH CHURCH OF CHRIST 184290 58,600 N -999.33 43393 ADD WHOLLY EXEMPT VERO BEACH CHURCH OF CHRIST 184310 45,140 N -17.00 0 UNDER MINJMUM VERO BEACH CHURCH OF CHRIST 184380 30,100 N -17.00 0 UNDER MINJMUM MACKEY LON& 1886IO 172,800 N -646.41 43458 ADD HOMESTEAD EXEMPT LISLE DORIS M (TR)(TOK)(H) 192950 800 N -12.82 0 UNDER MINlMUM UNITED REAL EST ATE VENTURES IN 193110 790 N -12.87 0 UNDER MINJMUM ODYSSEY (!I) DP V LLC 195190 1,850,000 N -5,563.99 43622 VABRULING BRACKETT DANIELS & BRANDY C 195510 655,000 N -1,545.66 43550 REDUCEVALUE&TAX BRACKETT DANIELS & BRANDY C 195510 17,110 N 265.27 43491 ARREARS ASSESSMENT PARKER MlCHAEL G 197480 64,810 N -522.34 43637 ADD HOMESTEAD EXEMPT WOODSIDE FIELDSTONE RANCH LLC 203230 5IO N -25.26 0 UNDER MINJMUM WOODSIDE FIELDSTONE RANCH LLC 203240 5IO N -25.26 0 UNDER MINJMUM WOODSIDE FIELDSTONE RANCH LLC 203250 510 N -25.26 0 UNDER MINJMUM WOODSIDE FIELDSTONE RANCH LLC 203260 510 N -25.26 0 UNDER MINIMUM SR 60 VERO LLC 203840 744,000 N -3,478.08 43618 VABRULING BOWER/VERO BEACH LLC 206210 2,125,000 N -9,339.80 43391 REDUCEVALUE&TAX 2105 COVE DR LLC 208220 792,650 N -3,511.77 43430 REMOVE IMPROVEMENTS CITY OF VERO BEACH 208920 248,610 N -28.09 0 UNDER MINIMUM CITY OF VERO BEACH 208940 227,690 N -28.09 0 UNDER MINJMUM PRICE WILLIAM ROBERT JR & CARO 208950 1,520 N -25.92 0 UNDER MINJMUM INDIAN RIVER COUNTY 209380 1,751,940 N -20.19 0 UNDER MINJMUM WINROW HAROLD E & GLORIA T 215370 1,994,420 N -2,581.19 43667 REDUCE VALUE & TAX SEBASTIAN METHODIST CHURCH INC 216230 20,625 N -24.18 0 UNDER MINIMUM SEBASTIAN METHODIST CHURCH INC 216380 10,590 N -15.55 0 UNDER MINJMUM CITY OF SEBASTIAN 217290 939,510 N -8,873.72 43517 GOVT OWN CANCEL BAL CITY OF SEBASTIAN 217300 238,620 N -2,240.75 43521 GOVT OWN CANCEL BAL CITY OF SEBASTIAN 217310 163,070 N -1,540.08 43520 GOVT OWN CANCEL BAL CITY OF SEBASTIAN 217320 120,630 N -1,138.38 43516 GOVT OWN CANCEL BAL

Tax Manager - Coovright - Manatron, Inc. Printed by : EPRETE -en uate , JUI-IL-2Ul I t;rror and Lnso1venc1es Keport l:'age 4 OI l8

Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status

CITY OF SEBASTIAN 217330 126,920 N -I,199.46 43519 GOVT OWN CANCEL BAL CITY OF SEBASTIAN 217490 I0,640 N -5.66 0 UNDER MfNIMUM SEBASTIAN METHODIST CHURCH INC 217870 21,190 N -26.I0 0 UNDER MINIMUM SEBASTIAN METHODIST CHURCH INC 217880 19,860 N -26.97 0 UNDER MINIMUM SEBASTIAN UNITED METHODIST CHU 217910 18,120 N -17.05 0 UNDER MINIMUM SEBASTIAN UNITED METHODIST CHU 217920 18,090 N -17.24 o· UNDER MINIMUM SEBASTIAN UNITED METHODIST CHU 217930 18,090 N -16.93 0 UNDER MINIMUM SEBASTIAN UMC 218220 20,060 N -19.55 0 UNDER MINIMUM SEBASTIAN UNITED METHODIST CHU 218240 22,800 N -17.65 0 UNDER MINIMUM INDIAN RIVER COUNTY 220070 I,690 N -2.52 0 UNDER MINIMUM STATE HWY 60/KINGS HWY LLC 222590 231,190 N -2,015.48 43546 REDUCE VALUE & TAX STATE HWY 60/KINGS HWY LLC 222620 356,870 N -3,I I0.90 43547 REDUCE VALUE & TAX STA TE HWY 60 / KINGS HWY LLC 222820 572,250 N -4,097.82 43545 REDUCEVALUE&TAX VERO BEACH LANDINGS LTD PTNR 231280 1,050,000 N -I,561.91 43569 REDUCE VALUE & TAX LAKE WILLIAM A (I/2) & BETTY 234090 II 7,500 N 143.06 43402 ADD VETERAN'S EXEMPT CHARLES L FUTCH POST NO I 89 235460 18,600 N -26.28 0 UNDER MINIMUM JOHNS ISLAND INC 241890 1,520 N -22.51 0 UNDER MINIMUM INDIAN RIVER JOINT VENTURE & 247580 4,000,000 N -I,618.99 43578 REDUCE VALUE & TAX INDIAN RIVER JOINT VENTURE & 247580 4,000,000 N -18,228.86 43564 REDUCEVALUE&TAX RO-ED CORP 250430 100 N -4.62 0 UNDER MINIMUM BONA JOHN R & CAROLL 253010 384,659 N -I,098.98 43624 VABRULING ALLEN MELISSA & 253490 314,880 N -603.23 0 ADD HOMESTEAD EXEMPT LA SOCAP A LLC 266640 646,850 N 9,800.92 43406 ARREARS ASSESSMENT LA SOC AP A LLC 266640 605,490 N 8,998.96 43405 ARREARS ASSESSMENT PURVIS LULA BELLE (LE) 267900 I,580 N -25.59 0 UNDER MINIMUM INDIAN RIVER COUNTY 268170 301,570 N -28.09 0 UNDER MINIMUM HIGHPOINTE LLC 268360 230 N -3.74 0 UNDER MINIMUM HIGHPOINTE LLC 268370 I,830 N -29.60 0 UNDER MINIMUM CLARK EDWARD & LOUISE 268980 I,370 N -22.18 0 UNDER MINIMUM DIAZ MARIO & RAQUEL 269670 570 N -26.23 0 UNDER MINIMUM JOHNSONWALTERO&JOANNEL 269690 570 N -26.23 0 UNDER MINIMUM DIMINO NICK 269710 570 N -26.23 0 UNDER MINIMUM SOWELL BROADUS F & PATRICIA B 269720 570 N -26.23 0 UNDER MINIMUM UNIVERSALIST FELLOWSHIP OF VER 270840 60,820 N -17.00 0 UNDER MINIMUM SANDALWOOD HMOWNRS ASSOC INC 280890 0 N -17.00 0 UNDER MINIMUM FEY HAROLD 288790 230 N -3.77 0 UNDER MINIMUM VERO BEACH INVESTMENTS LLC 289470 767,740 N -I,892.61 43543 REDUCE VALUE & TAX TUERK GEORGE R (TR) 289530 1,760 N -29.66 0 UNDER MINIMUM FIRST CHURCH OF THE NAZARENE I 295270 43,890 N -17.00 0 UNDER MINIMUM FIRST CHURCH OF THE NAZARENE I 295300 11,830 N -17.00 0 UNDER MINIMUM RAGSDALE MICHAELJ & SUZAN K 300670 72,710 N -696.86 43375 ADD HOMESTEAD EXEMPT

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Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status

HILLJAMES G & MARYS 301430 76,020 N -595.82 43503 TOT AL & PERM DlSABLE VON STEGERT EVELYN & 303100 131,260 N -720.39 43377 CORRECT EXEMPT CODE JOHNS ISLAND CLUB INC 305110 120 N -1.77 0 UNDER MINIMUM THOMAS CHARLES W & SUZANNE 306100 1,987,900 N -37,209.99 43431 REDUCE VALUE & TAX EV ANS PROPERTIES INC 306950 750 N -11.95 0 UNDER MINIMUM LEWIS JESSIE G & 307800 840 N -13.60 0 UNDER MINIMUM BARATTINIP 307810 1,430 N -23.14 0 UNDER MINIMUM STEWART JAMES H (TR) 308360 1,520 N -24.61 0 UNDER MINIMUM GRIMM MANAGEMENT LTD PTNR 308370 1,520 N -24.61 0 UNDER MINIMUM CAIRNS JOHN S & MARLENE A 313210 840 N -13.60 0 UNDER MINIMUM VILLAGE WALK INC 318330 760 N -12.31 0 UNDER MINIMUM CCA HOLDINGS LTD 320120 4,320,000 N -21,585.03 43623 VABRULING INDIAN RIVER COUNTY HOUSING AU 328380 97,050 N -847.16 43510 GOVT OWN CANCEL BAL LATOUR JORGE A 333020 230 N -13.02 0 UNDER MINIMUM RUBIO MIGUEL E & 333050 890 N -23. 77 0 UNDER MINIMUM EV ANS PROPERTIES INC 334800 750 N -11.95 0 UNDER MINIMUM HEAL TH CARE REIT INC 335180 460 N -7.44 0 UNDER MINIMUM SCHLITT MARGUERITE M (1/2) & 336270 1,520 N -24.61 0 UNDER MINIMUM PIONEER BAPTIST CHURCH INC 343540 20,810 N -17.00 0 UNDER MINIMUM PIONEER BAPTIST CHURCH INC 343550 20,810 N -17.00 0 UNDER MINIMUM LINS GEORGE 345040 I 14,410 N -251.86 0 CUTOUT CROOKED TREE LAND AND CATTLE C 35l060 400 N -6.43 0 UNDER MINIMUM ESCO LYNN (TRS) & 352130 1,370 N -22.18 0 UNDER MINIMUM GOFFALMAC 364110 61,470 N -495.80 43572 ADD HOMESTEAD EXEMPT BRANDZEL FREDERICK 365610 94,040 N -198.49 43661 CORRECT EXEMPT CODE GRAND HARBOR NORTH LAND LLC 370230 80 N -1.31 0 UNDER MINIMUM BENT PINE GOLF CLUB INC 370290 510 N -25.26 0 UNDER MINIMUM GEANY JOHN J (COTRS) & 371110 165,530 N -12,311.12 43387 REDUCE VALUE & TAX CARINI EUGENE & OLIVE B 371800 380 N -23.16 0 UNDER MINIMUM PEARSON FRED N (DT) 379630 66,040 N -618.70 0 L I HD - HOMESTEAD TAX DEFER BENT PINE GOLF CLUB INC 382700 510 N -25.26 0 UNDER MINIMUM BENT PINE GOLF CLUB INC 382710 510 N -25.26 0 UNDER MINIMUM TEMPLE BETH SHALOM OF VERO BEA 384490 26,900 N -17.00 0 UNDER MINIMUM WELCHEL GRADY L (TRS) 387180 112,110 N -688.24 43649 ADD HOMESTEAD EXEMPT CITY OF VERO BEACH SUB STAT!O 389870 311,170 N -28.09 0 UNDER MINIMUM ONE CORONA LN LLC 391170 3,500,000 N -16,189.90 43460 REDUCE VALUE& TAX ANZELC JOHN R & GERLINDE A 394510 368,440 N -603.23 43556 ADD HOMESTEAD EXEMPT CONDE CLARENCE P 395850 253 N -6.75 0 UNDER MINIMUM JORDAN WILLIAM O & CAROLE JEAN 395860 440 N -9.81 0 UNDER MINIMUM INDIAN RIVER FARMS DR DlST 398990 0 N -527.00 43605 DELETE DRAINAGE FEE AKERS CHARLES H JR & BETTY J 405430 85,360 N -611.34 43586 ADD HOMESTEAD EXEMPT

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Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status RANDOLPH STAClA H (DT) 408080 44,830 N -306.23 0 L l HD - HOMESTEAD TAX DEFER ROLINC& 421280 780 N -12.52 0 UNDER MINIMUM CITY OF VERO BEACH 421870 103,910 N -28.09 0 UNDER MINIMUM NMD PROPERTIES LLC 424890 530,000 N -1,051.52 43626 VAS RULING TREE-O-GROVES INC 431410 59,920 N -5,522.71 43461 ADD AG EXEMPTION INDlAN RrYER COUNTY HOUSING AU 445930 108,730 N -1,082.20 43506 GOVT OWN CANCEL BAL WILLIS JOHN J & IRENE 448400 72,470 N -41.25 43426 REDUCE VALUE & TAX INDlAN RIVER COUNTY HOUSING AU 451240 113,910 N -1,417.51 43509 GOVT OWN CANCEL BAL SOLA ARTURO 452290 110,000 N -235.37 43607 VAS RULING FLATT CARLTON WAYNE & 454580 62,730 N -594.73 43642 ADD HOMESTEAD EXEMPT VERDEROSA MILDRED V 456440 105,510 N -572.94 0 L l HD - HOMESTEAD TAX DEFER ROLINC& 456620 250 N -4.01 0 UNDER MINIMUM BETHEL WILLlAM 456930 13,450 N -l,l3L67 43656 REMOVE IMPROVEMENTS STANBRIDGE WILLlAM H & RUTH M 456940 18,470 N -324.78 43654 REMOVE IMPROVEMENTS STANBRIDGE WILLlAM H & RUTH M 456950 18,920 N -41 L86 43655 REMOVE IMPROVEMENTS THE ESTUARY DEVELOPMENT LTD 457290 I,ll0 N -16.45 0 UNDER MINIMUM EHRLICH ALAN S (TRS) 466110 311,330 N -4,466.39 0 L I GF - GOOD FAITH PAYMENT MILLER JOSEPH (H) 473660 38,680 N 404.74 43457 REMOVE HOMESTEAD EX BENOIT ROBERT W & 485080 44,270 N -64.61 43563 REDUCE LANDFILL FEE MCINTURF ENTERPRISES INC 487870 340 N -5.44 0 UNDER MINIMUM DENTON ROBERT JR & JEANETTE 489640 1,330 N -22.68 0 UNDER MINIMUM ROSELAND UNITED METHODIST CHUR 492390 53,450 N -LOO 0 UNDER MINIMUM ROSELAND UNITED METHODIST CHUR 492510 87,750 N -LOO 0 UNDER MINIMUM INDlAN RIVER COUNTY 493810 47,010 N -28.09 0 UNDER MINIMUM SUAREZ ROLANDO & PATR!ClA 504430 1,994,961 N -9,518.19 43444 REDUCE VALUE & TAX MARIE J PALMER GRANDCHILDREN'S 508760 206,300 N -519.06 43471 REDUCE VALUE& TAX SLADE JON JEFFREY & BONNIE S 510210 910 N -14.82 0 UNDER MINIMUM LGR RANCH CATTLE COMPANY LLC 512070 630 N -IO.IO 0 UNDER MINIMUM LA TT MAXCY CORP 512090 90 N -L44 0 UNDER MINIMUM CACVEROLLC 512180 1,520 N -24.61 0 UNDER MINIMUM COOPER HATTIE PEARL 513090 49,840 N 774.03 43380 REMOVE HOMESTEAD EX BROWN JESSE LEE & ETHEL M 513810 25,760 N -1,013.58 43639 RED VALUE/HURRICANE YORKER ROSETTA 517150 25,000 N 387.62 43633 REMOVE HOMESTEAD EX YORKER ROSETTA 517150 65,210 N 404.74 43632 REMOVE HOMESTEAD EX MANERA JOHN D (TR) 525430 669,270 N -15,490.52 43617 VAS RULING INDlAN RrYER COUNTY (l/2) & 526060 66,650 N -28.09 0 UNDER MINIMUM CROOKED TREE LAND AND CATTLE C 531070 1,090 N -17.47 0 UNDER MINIMUM RIVERFRONT PACKING CO LLC 531430 1,181,810 N -7,117.10 43381 REDUCE LANDFILL FEE BELCHER EN JR (ETAL) 537190 850 N -13.77 0 UNDER MINIMUM BALL GROVES LLC 537250 14,790 N -442.25 43602 REDUCEVALUE&TAX INDlAN RIVER COUNTY HOUSING AU 544800 115,870 N -860.09 43507 GOVT OWN CANCEL BAL

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Owner Name Account Number Assessed Value EX Increase Decrease Mm Code Corr No Lit./ lnsolv. Reason/Status

INDIAN RIVER COUNTY HOUSING AU 549600 77,930 N -381.33 43508 GOVT OWN CANCEL BAL CRICHTON JOHN A JR (1/2) & 550440 79,780 N -739.29 43435 ADD VETERAN'S EXEMPT MURPHY JOHN RIDGEWAY 557460 79,210 N -720.39 43580 ADD HOMESTEAD EXEMPT STEGBAUER FRED & 557520 78,890 N -313.76 43587 REDUCE VALUE & TAX GUNTHER MARGARET 557980 138,280 N -720.39 43476 ADD HOMESTEAD EXEMPT ESTUARY DEVELOPMENT LTD 558780 20 N -0.31 0 UNDER MINIMUM EVANS PROPERTIES INC 561610 600 N -9.54 0 UNDER MINIMUM BARATT A FAMILY LTD PARTNERSHIP 561930 20,180 N -944.03 434!9 REDUCE VALUE & TAX NORVAISAS CAMILLE 567210 23,560 N -381.4[ 43470 REDUCEVALUE&TAX WOLFF GORDON R JR 569220 760 N -[2.3! 0 UNDER MINIMUM HUMANA INC 571410 [50 N -2.44 0 UNDER MINIMUM FITZGERALD STUART& 571600 966,180 N -l,l94.l4 43606 REDUCE VALUE & TAX WICHERT EDWARD (TR) 572380 225,000 N -608.85 43392 ADD HOMESTEAD EXEMPT KARR EDWARD T (TR) 573230 l,520 N -24.78 0 UNDER MINIMUM LAMPREY DONALD H 573290 760 N -[2.40 0 UNDER MINIMUM CHOWN, GREGORY, WILCOX PTNRSHP 593420 210,672 N -l,09!.7! 43554 CORRECT EXEMPT AMOUN NEW PROSPECT MISSIONARY BAPT C 595500 5,930 N -17.00 0 UNDER MINIMUM PREMIER CHRISTIAN CHURCH 600090 4,520 N -17.00 0 UNDER MINIMUM PREMIER CHRISTIAN CHURCH 602340 4,560 N -[7.00 0 UNDER MINIMUM GUTIERREZ LEE RICARDO & LILLIA 602830 4,560 N -0.60 43600 UNDER MINIMUM INDIAN RfVER COUNTY 604450 2,550 N -38.99 43513 GOVT OWN CANCEL BAL SECRETARY OF HOUSING & URBAN D 604600 l !5,670 N -ll2.6l 43665 ADD GOVT EXEMPTION SECRETARY OF HOUSING & URBAN D 604600 115,670 N -2,143.73 43666 ADD GOVT EXEMPTION MCGINN JEFFREY H 612640 497,550 N -l,90l.l6 43627 VABRULING FORT DRUM VENTURE LLC 616980 430 N -6.89 0 UNDER MINIMUM PINNACLE GROVES LTD 617050 5,100,000 N -29,598.38 43629 VABRULING BROWN CURTIS LEE SR 617440 2,490 N -75.32 0 L I OT - OMITTED TAX TRS OF ST PETERS MISSIONARY BA 617710 5,930 N -25.00 0 UNDER MINIMUM SEGMENT MARKETS 85 INC 618000 1,040 N -16.84 0 UNDER MINIMUM RUSSELL VIRGINIA W FAMILY LTD 618060 1,350 N -21.86 0 UNDER MINIMUM BROWN CURTIS LEE 619970 4,750 N -111.91 0 L l OT - OMITTED TAX INDIAN RfVER COUNTY 620000 4,750 N -IO.OD 4344[ DELETE DRAINAGE FEE INDIAN RfVER COUNTY 620000 4,750 N -25.00 43442 REMOVE ST LIGHT FEE RIVERFRONT GROVES INC 620740 160 N -27.58 0 UNDER MINIMUM BEASLEY LEONA MCDOUGALD 622320 760 N -12.31 0 UNDER MINIMUM CHURCH OF GOD BY FAITH INC 622890 17,400 N -28.09 0 UNDER MINIMUM SUN AVIATION INC (LESS) 623350 62,380 N -17.00 0 UNDER MINIMUM CITY OF VERO BEACH 624[70 2,037,120 N -28.09 0 UNDER MINIMUM COOKIES & CRACKERS CORP 624660 529,100 N -6,069.26 43614 VAB RULING MHC HOLIDAY VILLAGE LLC 624670 724,640 N -3,355.34 43544 REDUCEVALUE&TAX REYNOLDS JOHN 627910 88,800 N -1,437.65 43610 ADD WHOLLY EXEMPT

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Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit/ lnsolv. Reason/Status

SCHUMACHER JOHN T & MARGARET 636990 10,260 N -19.00 0 UNDER MINIMUM & FRASER ELIZABETH M EDWIN W 640260 2,178,205 N -11,766.90 43467 REDUCE VALUE & TAX CAFE INVESTMENT GROUP INC 643740 2,930 N -89.44 0 L I OT - OMITTED TAX OMNI VENTURE INC 643750 2,930 N -89.44 0 L I OT - OMITTEDTAX ADKINS JEFFREY S & CAROLE S 645760 22,210 N -2,863.34 43548 REDUCE VALUE & TAX POWELL WILLIAM E & DRUSILLA 650250 88,360 N -662.05 43390 TOT AL & PERM DISABLE DUNCAN THEODORE R JR & MARGARE 650690 2,568,320 N -270.06 43432 REDUCE VALUE & TAX INDIAN RIVER COUNTY HOUSING AU 667470 81,640 N -379.52 43504 GOVT OWN CANCEL BAL BASS ROY & CINDY L 672870 123,010 N -347.38 43515 GOVT OWN CANCEL BAL WABASSO INN LLC 673110 9,500 N -389.53 43662 REMOVE IMPROVEMENTS CARNEAL CHARLES W (DEC) 673380 1,660 N -27.08 0 UNDER MINIMUM INDIAN RfVER COUNTY 674970 199,500 N -28.09 0 UNDER MINIMUM SOUTH PASSAGE ASSN INC 678750 1,850 N -29.96 0 UNDER MINIMUM SOUTH PASSAGE ASSN INC 678760 1,300 N -21.05 0 UNDER MINIMUM ROE FAMILY BEACH PARTNERSHIP 678770 1,290 N -20.88 0 UNDER MINIMUM ATLANTIS PROPERTIES OF VERO BE 678790 1,530 N -24.77 0 UNDER MINIMUM BAUR SHAUNA 678840 300 N -4.85 0 UNDER MINIMUM PAUL JOHN R (H) & JANET C 679550 262,990 N -2,504.58 43599 REDUCE VALUE & TAX W WABASSO CEMETERY ASSOC INC 683140 286,300 N -28.09 0 UNDER MINIMUM DAWSEY WOODROW 683260 1,620 N -26.40 0 UNDER MINIMUM DAWSEY WOODROW 683270 1,620 N -26.40 0 UNDER MINIMUM HUGH CORRIGAN Ill FAMILY LIMIT 685930 600 N -9.77 0 UNDER MINIMUM VERO BEACH GAMMA LLC 688710 1,594,030 N -5,667.85 0 L I GF GOOD FAITH PAYMENT VERO BEACH GAMMA LLC 688720 2,023,140 N -7,193.41 0 L I GF GOOD FAITH PAYMENT VERO BEACH GAMMA LLC 688730 321,220 N -1.142.45 0 L I GF GOOD FAITH PAYMENT VERO BEACH GAMMA LLC 688740 668,820 N -2,377.87 0 L I GF GOOD FAITH PAYMENT VERO BEACH GAMMA LLC 688750 569,400 N -2,024.74 0 L I GF GOOD FAITH PAYMENT VERO BEACH GAMMA LLC 688760 508,380 N -765.80 0 L I GF GOOD FAITH PAYMENT VERO BEACH GAMMA LLC 688770 508,380 N -1,807.47 0 L I GF GOOD FAITH PAYMENT PILLSBURY HOLDING CO 689200 123,170 N -437.91 0 L I GF GOOD FAITH PAYMENT BALZEBRE ANTHONY F 689210 129,420 N -460.14 0 L I GF GOOD FAITH PAYMENT BALZEBRE ANTHONY F & DOROTHY P 689220 64,320 N -228.69 0 L I GF GOOD FAITH PAYMENT BALZEBRE ANTHONY F 689230 99,180 N -352.61 0 L I GF GOOD FAITH PAYMENT BALZEBRE ANTHONY P & DOROTHY 689240 92,750 N -329.77 0 L I GF GOOD FAITH PAYMENT WARRINER CHERYL A (TR) 689450 354,030 N -646.41 43428 ADD HOMESTEAD EXEMPT RJR-JRR 2 LLC 689860 1,022,360 N -4,169.32 0 L I GF - GOODFAITHPAYMENT O'NEIL III GEORGE M 693370 339,810 N 1,266.14 43481 REMOVE HOMESTEAD EX MARINA & TRAD! 696120 28,170 N -888.19 43372 REMOVE IMPROVEMENTS SEBASTIAN INLET MARINA & TRAD! 696130 28,170 N -888.19 43373 REMOVE IMPROVEMENTS SEBASTIAN INLET MARINA & TRAD! 696140 28,170 N -888.19 43374 REMOVE IMPROVEMENTS KESSINGER MARYL & CALVERT DAN 696560 1,440 N -23.49 0 UNDER MINIMUM

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Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status

INDIAN RIVER COUNTY 697640 76,300 N -64.61 43538 DELETE LANDFILL FEE BETHEL ISLE NO 3 INC 697790 150 N -2.55 0 UNDER MINIMUM PRICE KEENA L 701070 286,940 N -96.51 43589 REDUCE VALUE & TAX CITY OF SEBASTIAN 707140 166,080 N -1,569.01 43518 GOVT OWN CANCEL BAL HULLFISH CLARENCE E 708530 I,350 N -21.65 0 UNDER MINIMUM KENNEDY KENNETH P & SARAC 710740 1,850,000 N -16,122.19 43612 VABRULING CITY OF VERO BEACH 711470 503,320 N -3,403.82 43477 REDUCE VALUE & TAX HELMET HOUSE CORP 713020 3,048,460 N 6,008.23 43386 INC ASSESSED VALUE VISTA HARBOR 713870 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 713980 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 714090 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 714200 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 714310 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 714420 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 714530 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR APT BLDG 714640 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR APT BLDG 714750 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR APT BLDG 714860 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 714970 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 715080 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 715190 0 N -17.00 0 UNDER MINIMUM R & H DEVELOPMENT CORP 715800 0 N -17.00 0 UNDER MINIMUM CAIN & BRANIGAN 715910 0 N -17.00 0 UNDER MINIMUM VAN ANTWERP FRANK & FLORRIE 725280 1,050 N -26.38 0 UNDER MINIMUM VAN ANTWERP FREDERICK W & FLOR 725300 230 N -1,156.00 43378 ADD AG EXEMPTION ANDERSON GEORGE 725480 37,280 N -392.09 43630 REDUCE LANDFILL FEE GA VORA FRANK E (COTRS) & MARG 736410 245,810 N -972.31 43492 ADD HOMESTEAD EXEMPT SELBY JANICE JOY & 737180 1,520 N -25.92 0 UNDER MINIMUM GROVER ALBERT D & 745570 180 N -2.94 0 UNDER MINIMUM PONS FRANCISCO & ELIZABETH S 745580 180 N -2.94 0 UNDER MINIMUM BENJAMIN LYNDA L 745610 330 N -5.38 0 UNDER MINIMUM COLAPRETE JOHN R & CATHERINE M 745630 180 N -2.94 0 UNDER MINIMUM DESTINATION SEBASTIAN LLC 745640 180 N -2.94 0 UNDER MINIMUM 12660 N Al A LLC 745660 180 N -2.94 0 UNDER MINIMUM 12790 N AlA LLC 745670 150 N -2.44 0 UNDER MINIMUM CORDNER HAROLD & LIANNE 745680 290 N -4.73 0 UNDER MINIMUM CORDNER HAROLD J & LIANNE K 745690 300 N -4.88 0 UNDER MINIMUM UNITED REAL ESTATE VENTURES IN 745700 70 N -1.14 0 UNDER MINIMUM MILTON GROUP PROPERTIES INC 745710 350 N -5.71 0 UNDER MINIMUM MARJOVEC SECOND FAMILY LIMITED 746080 1,494,000 N -6,088.93 43553 REDUCEVALUE&TAX INDIAN RIVER COUNTY HOUSING AU 748610 69,050 N -574.36 43501 GOVT OWN CANCEL BAL

Tax Manager - Coovright - Manatron, Inc. Printed by : EPRETE N> N> . uate . Jul-12-2011 l!:rror and insolvencies Keport rage lU ot '"

Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status

INDIAN RIVER COUNTY HOUSING AU 754490 83,650 N -608.20 43500 GOVT OWN CANCEL BAL TR OF HEAVENLY CHURCH OF FIRST 756460 1,140 N -18.58 0 UNDER MINIMUM INDIAN RIVER COUNTY HOUSING AU 762770 65,540 N -681.70 435!1 GOVT OWN CANCEL BAL SEACREST ESTATES INC 769700 480 N -7.82 0 UNDER MINIMUM FORT DRUM VENTURE LLC 774860 1,720 N -27.60 0 UNDER MINIMUM BIG SUR USA LLC 777310 48.000 N -3,002.26 43625 VAB RULING REDLANDS CHRISTIAN MIGRANT ASS 787650 218,230 N -3,557.66 43480 ADD WHOLLY EXEMPT PRESSLEY RANCH INC 791890 600 N -9.61 0 UNDER MINIMUM WELCH DOUGLAS GRAHAM (1/2) & 793290 97,400 N -1,253.76 0 L I OT - OMITTED TAX VISTA HARBOR 795560 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 795670 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 795780 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 795890 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 796000 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 796!10 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 796220 0 N -17.00 0 UNDER MINIMUM VISTA HARBOR 796330 0 N -17.00 0 UNDER MINIMUM O'CONNELL GERALD P & PATRICIA 796570 670,000 N -1,954.27 43609 VAB RULING BEASTON NANNETTE BURKE 805420 99,710 N -611.34 43456 ADD HOMESTEAD EXEMPT MARZOARlEL 809900 50,670 N -1,764.14 43585 REDUCE VALUE & TAX GOLDING JEFFREY & MARY BETH 810440 150 N -2.44 0 UNDER MINIMUM FORD BIT.LIB L & CHRISTINE L 812460 950 N -24.72 0 UNDER MINIMUM SWINNEY EDITH B 814270 116,680 N -206.25 43440 CORRECT EXEMPT AMOUN BEATTY BYRON H 821316 26,440 N -23.33 0 UNDER MINIMUM ALASTAIR C KENNEDY MD PA 821500 25,196 N -3.17 0 UNDER MINIMUM BOTTLING GROUP LLC 821548 1,066 N -16.21 0 UNDER MINIMUM INDIAN RIVER EXCHANGE PKRS INC 821779 457,219 N -537.58 43603 REDUCE VALUE & TAX CHEVRON U S A INC 822037 1,597 N -10.90 0 UNDER MINIMUM GENERAL EQUITlES INC OF CT 822222 19,409 N 357.84 43397 ARREARS ASSESSMENT GENERAL EQUITlES INC OF CT 822222 17,217 N 333.69 43398 ARREARS ASSESSMENT GENERAL EQUITlES INC OF CT 822222 11,826 N 234.93 43399 ARREARS ASSESSMENT REALTORS ASSN OF IR CTY INC 822600 26,110 N -18.93 0 UNDER MINIMUM SHAFRANSKI CONSTRUCTION INC 822758 26,162 N -18.81 0 UNDER MINIMUM CIT COMMUNICATIONS FINANCE COR 823120 1,404 N -23.17 0 UNDER MINIMUM SALLY BEAUTY CO INC 823277 26,084 N -18.50 0 UNDER MINIMUM M COOPER & CO INC 823438 83,829 N 1,147.63 43395 ARREARS ASSESSMENT M COOPER & CO INC 823438 94,453 N 1,876.42 43394 ARREARS ASSESSMENT M COOPER & CO INC 823438 77,165 N 1,578.40 43396 ARREARS ASSESSMENT JG TRUCKING INC 823802 25,703 N -13.82 0 UNDER MINIMUM VERO MOBIL MART INC 823936 26,233 N -19.96 0 UNDER MINIMUM FARM CREDIT LEASING 824017 2,143,193 N -404.74 43455 ADD TPP EXEMPTION

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Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status HALLMARK MARKETING CORPORATION 824185 5,032 N -29.11 0 UNDER MINIMUM JBT FOODTECH 824327 1,849 N -28.51 0 UNDER MINIMUM VERO ENTERTAINMENT !NC 824582 26,077 N -18.39 0 UNDER MINIMUM ROBIN LLOYD SR & ASSOC PA 824792 26,370 N -23.36 0 UNDER MINIMUM PC& STILE INC 824823 26,657 N -26.83 0 UNDER MINIMUM FAST FOOD ENTERPRISES #2 825168 26,158 N -18.75 0 UNDER MINIMUM AIR-SERV GROUP LLC 825258 4,884 N -18.52 0 UNDER MINIMUM AIR-SERV GROUP LLC 825261 2,034 N -7.66 0 UNDER MINIMUM AIR-SERV GROUP LLC 825265 5,254 N -22.62 0 UNDER MINIMUM AT&T CORPORATION 825327 147 N -2.51 0 UNDER MINIMUM BISHAI SAM! F 825683 0 N -4,182.41 43479 DELETE PARC EL ADT SECURITY SERVICES INC 826190 302 N -4.83 0 UNDER MINIMUM ADT SECURITY SERVICES INC 826191 1,747 N -21.20 0 UNDER MINIMUM NIEHAUS NURSERY CO 826195 25.421 N -6.81 0 UNDER MINIMUM ABBOTT LABORATORIES INC 826721 1,769 N -23.68 0 UNDER MINIMUM NUCO2 SUPPLY LLC 826801 1,282 N -16.08 0 UNDER MINIMUM KANTZLER GARRICK B MD PA 826836 26,687 N -27.30 0 UNDER MINIMUM TOYOTA MOTOR CREDIT CORP 827048 258,835 N -404.74 43452 ADD TPP EXEMPTION WABASHA LEASING LLC 827077 2,362 N -23.38 0 UNDER MINIMUM HOT SHOT AMUSEMENT INC 827122 25,697 N -12.42 0 UNDER MINIMUM WABASHA LEASING LLC 827695 389 N -4.65 0 UNDER MINIMUM MEL FISHER CENTER INC 828478 25,984 N -18.24 0 UNDER MINIMUM HILL-ROM COMPANY INC 829027 15,684 N ·253.92 43450 ADD TPP EXEMPTION POMODORO INC 829287 26,396 N -23.81 0 UNDER MINIMUM NORTHERN LEASING SYSTEMS INC 830278 687 N -7.10 0 UNDER MINIMUM THINGS REMEMBERED INC 831034 25.400 N -6.50 0 UNDER MINIMUM CHEVRON U S A INC 831342 90 N -0.65 0 UNDER MINIMUM ASHLAND INC 831351 1,840 N ·I 1.49 0 UNDER MINIMUM ASHLAND INC 831353 482 N -3.42 0 UNDER MINIMUM GE RAILCAR SVCS - CUST MANAGED 839739 7,947 N -18.42 0 UNDER MINIMUM FIRST UNION RAIL CORPORATION 839752 7,296 N -7.82 0 UNDER MINIMUM TARMAC AMERICA LLC 839816 2,497 N -10.26 0 UNDER MINIMUM GE RAILCAR SVCS - CUST MANAGED 839854 2,267 N -5.99 0 UNDER MINIMUM FIRST UNION RAIL CORPORATION 839867 2,081 N -2.54 0 UNDER MINIMUM FIRST UNION RAIL CORPORATION 839982 12,776 N -13.60 0 UNDER MINIMUM TARMAC AMERICA LLC 840046 5,526 N -20.86 0 UNDER MINIMUM GE RAILCAR SVCS· CUST MANAGED 840084 5,016 N -12.17 0 UNDER MINIMUM FIRST UNION RAIL CORPORATION 840097 4,606 N -5.17 0 UNDER MINIMUM CIT GROUP/CAPITAL FINANCE 841184 2,907 N -17.85 0 UNDER MINIMUM AMERICAN MUL Tl-CINEMA INC 841306 852,759 N -2,522. 11 43368 REDUCE VALUE & TAX ST LUCIE BATTERY & TIRE OF IND 841665 25,382 N -6.19 0 UNDER MINIMUM

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Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ lnsolv. Reason/Status

ADT SECURITY SERVICES INC 841917 1,786 N -22.68 0 UNDER MINIMUM SNAP ON CREDIT LLC 841975 19,923 N -24.07 0 UNDER MINIMUM SNAP ON CREDIT LLC 841977 7,092 N -9.0I 0 UNDER MINIMUM CATALINA MARKETING CORP 842020 4,384 N -21.48 0 UNDER MINIMUM WESTERN UNION FINANCIAL SVCS 842031 8,541 N -25.78 0 UNDER MINIMUM ST JUDE MEDICAL SC INC 842691 4,823 N -18.98 0 UNDER MINIMUM EXPERT PAINT & BODY INC 842888 63,553 N -14.05 43539 REDUCEVALUE&TAX LAKEWOOD VILLAGE RO ASSOC INC 8431!8 26,388 N -22.48 0 UNDER MINIMUM AMERICORP FINANCIAL LLC 843169 87,582 N -404.74 43454 ADD TPP EXEMPTION AMERICAN HUTS INC 843209 26,144 N -21.20 0 UNDER MINIMUM WACHOVIA FINANCIAL SERVICES IN 843223 387,953 N -404.74 43453 ADD TPP EXEMPTION DAVIES JEFFREY NEIL & JENNIFER 843690 190 N -3.09 0 UNDER MINIMUM NERI CARLA 843978 41,740 N -4,022.92 43551 REDUCE VALUE & TAX WM GREGORY CONSTRUCTION INC 845Il7 730 N -11.82 0 UNDER MINIMUM INDIAN RIVER COUNTY SOLID WAST 845148 370,0I0 N -28.09 0 UNDER MINIMUM BAKER SETH H DO PA 845169 206,61! N -3,501.49 43486 REDUCE VALUE & TAX CORPORATE SERVICES GROUP 845298 4,315 N -22.71 0 UNDER MINIMUM COCA COLA ENTERPRISES INC {CCE 846076 826 N -12.42 0 UNDER MINIMUM FIRST DATA MERCHANT SERVICES 846107 976 N -5.74 0 UNDER MINIMUM FIRST DATA MERCHANT SERVICES 846108 l,872 N -12.13 0 UNDER MINIMUM FIRST DATA MERCHANT SERVICES 846109 2,888 N -21.22 0 UNDER MINIMUM HERZOG CONTRACTING CORP 846174 6,986 N -2.78 0 UNDER MINIMUM HERZOG CONTRACTING CORP 846175 1,993 N -0.90 0 UNDER MINIMUM HERZOG CONTRACTING CORP 846176 12,233 N -4.8I 0 UNDER MINIMUM HERZOG CONTRACTING CORP 846177 4,4I0 N -1.83 0 UNDER MINIMUM MOTIV A ENTERPRISES LLC 846367 760 N -14.09 0 UNDER MINIMUM WALDORF EDWARD W & BETH B 846838 20,280 N -2,765.70 43549 REDUCE VALUE & TAX SAMA! JOHN M & SHELIA B 869550 30,800 N -485.70 43616 VAB RULING HANSEN JOHN CHRISTIAN & JOSEF! 869710 46,050 N -158.84 43620 VABRULING PEPSICO SALES INC 870736 460 N -5.66 0 UNDER MINIMUM CISCO SYSTEMS CAPITAL CORP 870758 2,548 N -28.39 0 UNDER MINIMUM VFS FINANCING INC 870791 3,512 N -56.86 43451 ADD TPP EXEMPTION COINSTAR INC 870797 3,808 N -21.28 0 UNDER MINIMUM WESTERN FINANCE & LEASE INC 870799 0 N -84.56 43653 DELETE PARCEL TROPICANA PRODUCTS SALES INC 880041 3,295 N -25.02 0 UNDER MINIMUM HALLMARK MARKETING CORPORATION 880096 3,202 N -21.06 0 UNDER MINIMUM VERO BEACH TITLE ASSOC IA TES LL 880183 26,661 N -28.34 0 UNDER MINIMUM WILBER SUSAN JEFFERY 880296 25,993 N -16.92 0 UNDER MINIMUM CHEVRON U S A INC 880799 852 N -5.55 0 UNDER MINIMUM DELTACOM COMMUNICATION INC 880829 25,483 N -8.24 0 UNDER MINIMUM GAMEZ RAUL GARCIA 880868 25,752 N -15.52 0 UNDER MINIMUM

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Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status

WESTERN UNION FINANClAL SVCS 880886 2,379 N -7.81 0 UNDER MINIMUM WESTERN UNION FINANClAL SVCS 880887 5,580 N -16.09 0 UNDER MINIMUM ELA VON INC 880913 5,550 N -22.23 0 UNDER MINIMUM KEY EQUIPMENT FINANCE INC 880943 1,534 N -28.19 0 UNDER MINIMUM MATTRESS GIANT CORPORATION 881229 25,083 N -1.35 0 UNDER MINIMUM BILLERO & BILLERO PROPERTIES L . 881517 25,608 N -11.27 0 UNDER MINIMUM PEPSICO SALES INC 881805 233 N -3.60 0 UNDER MINIMUM FLORIDA ATLANTIC CITRUS PROPER 882010 760 N -21.90 0 UNDER MINIMUM T O D DONUTS INC 882463 25,140 N -2.27 0 UNDER MINIMUM MINNESOTA REGIS CORP 882633 25,317 N -5.12 0 UNDER MINIMUM REGIONAL MEDICAL RESOURCES INC 882812 25,109 N -2.03 0 UNDER MINIMUM MAC-GRAY SERVICES INC 882863 6,828 N -17.28 0 UNDER MINIMUM MICHAEL THORPE REAL ESTATE INC 882998 25,177 N -3.02 0 UNDER MINIMUM AMERICAN RAILCAR LEASING LLC 883059 7,070 N -4.15 0 UNDER MINIMUM AMERICAN RAILCAR LEASING LLC 883076 2,017 N -1.32 0 UNDER MINIMUM AMERICAN RAILCAR LEASING LLC 883093 12,380 N -7.20 0 UNDER MINIMUM AMERICAN RAILCAR LEASING LLC 883I09 4,463 N -2.72 0 UNDER MINIMUM AY! JALISCO lil INC 883633 26,100 N -20.37 0 UNDER MINIMUM WISSEL CONSTRUCTION INC 883740 1,379,560 N 21,544.31 43407 ARREARS ASSESSMENT WISSEL CONSTRUCTION INC 883740 1,379,560 N 64.61 43424 ARREARS ASSESSMENT TI AMO SEMPRE INC 883789 60,977 N -52.72 43540 DELETE TPP PENAL TY TI AMO SEMPRE INC 883789 60,977 N -440.64 43541 REDUCE VALUE & TAX RESTAURANT TECHNOLOGIES INC 883887 6,512 N -19.37 0 UNDER MINIMUM DISH NETWORK LLC 883907 514 N -7.75 0 UNDER MINIMUM ROYAL CUP INC 884106 2,148 N -18.13 0 UNDER MINIMUM OSLO OAKS LANDSCAPE INC 884436 26,618 N -26.19 0 UNDER MINIMUM GATES HOUSE ENTERPRISES LLC 884441 25,800 N -13.63 0 UNDER MINIMUM NUCLEAR DIAGNOSTIC IMAGING LLC 884495 12,285 N -2,000.11 43604 REDUCE VALUE & TAX PRECISION SPREADING INC 884705 80,122 N -271.73 43542 REDUCEVALUE&TAX HARRIS SANITATION INC 884716 752 N -11.20 0 UNDER MINIMUM HARRIS CORP-GCSD 884751 14,903 N -0.43 0 UNDER MINIMUM HARRIS CORP-GCSD 884752 10,139 N -0.28 0 UNDER MINIMUM LOGGIALLC 885074 40,296 N -426.33 43370 ADD TPP EXEMPTION LOGGIALLC 885074 40,296 N -171.82 43369 DELETE TPP PENAL TY GSM REAL TY LLC 885084 33,318 N -2,211.81 43644 REDUCE VALUE & TAX GSM REAL TY LLC 885084 33,318 N -142.05 43645 DELETE TPP PENALTY VISION SERVICES INC 885204 26,533 N -24.83 0 UNDER MINIMUM HARRIS SMITH ENTERPRISES INC 885272 25,751 N -12.81 0 UNDER MINIMUM SOUTHERN FULFILLMENT SERVICES 885346 1,701,942 N -9,212.13 43371 REDUCE VALUE & TAX MEDTRONIC USA INC 885392 1,856 N -5.47 0 UNDER MINIMUM MEDTRONIC USA INC 885393 7,401 N -20.80 0 UNDER MINIMUM

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Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status

DELL FINANCIAL SERVICES LP 885403 869 N -10.14 0 UNDER MINIMUM DELL FINANCIAL SERVICES LP 885405 621 N -7.40 0 UNDER MINIMUM RESTAURANT TECHNOLOGIES !NC 885505 4,366 N -14.08 0 UNDER MINIMUM SEBASTIAN HMA PHYSICIAN MGMT I 885525 1,580 N 43438 DELETE TPP PENALTY SEBASTIAN HMA PHYSICIAN MGMT I 885525 1,580 N -32.24 43437 ADD TPP EXEMPTION GLOBAL CROSSING NORTH AMERICAN 885528 9 N -0.11 0 UNDER MINIMUM CORPORA TE SERVICES GROUP 885551 2,782 N -13.49 0 UNDER MINIMUM INDIAN RIVER SURVEY !NC 885575 26,224 N -20.87 0 UNDER MINIMUM HOME 4 DINNER LLC 885578 0 N -659.35 43658 DELETE PARC EL QUEST DIAGNOSTICS CLINICAL LAB 885599 22,403 N 434.20 43403 ARREARS ASSESSMENT QUEST DIAGNOSTICS CLINICAL LAB 885599 23,500 N 415.95 43401 ARREARS ASSESSMENT NEW LIFE MARBLE & GRANITE !NC 885825 0 N 43483 DELETE PARCEL NEW LIFE MARBLE & GRANITE !NC 885825 0 N 43482 DELETE PARC EL NEW LIFE MARBLE & GRANITE !NC 885825 0 N -19.79 0 UNDER MINIMUM HUNTINGTON LEARNING CENTER 885877 0 N -877.72 43577 DELETE PARCEL MANGIERI VICTOR 885915 26,141 N -18.47 0 UNDER MINIMUM MAGDALENA JOSEF ROSALINA 885996 25,544 N -10.70 0 UNDER MINIMUM GIRLCOOK !NC 886001 25,136 N -3.18 0 UNDER MINIMUM LODGENET INTERACTIVE CORP 886031 47,586 N -35. 78 43449 CORRECTEXEMPTAMOUN LIBERDA!NC 886043 51,153 N -505.93 43619 ADD TPP EXEMPTION CABLENET SERVICES UNLIMITED 1N 886048 0 N -959.86 43478 DELETE PARCEL CHEVRON U S A !NC 886049 852 N -5.5 I 0 UNDER MINIMUM CHEVRON U S A !NC 886052 1,484 N -9.62 0 UNDER MINIMUM ANDRESS & ANDRESS-DIETZ LLC 886058 25,320 N -5.18 0 UNDER MINIMUM FIRST BANK RICHMOND NA 886067 7,208 N -27.50 0 UNDER MINIMUM JONES DARWYN A & JILL JARVI 886890 1,418,820 N -1,376.24 43608 VAB RULING BERNAT TERRENCE E & KAREN A 887730 715,706 N -580.49 43459 REDUCE VALUE&TAX FREEMAN PAUL H (TR) 895090 380 N -23.16 0 UNDER MINIMUM VISTA II !NC 899840 760 N -12.31 0 UNDER MINIMUM INDIAN RIVER PROPERTY LP 908520 1,090 N -17.76 0 UNDER MINIMUM 3900 GROUP LLC 911420 2,887,870 N -86.06 43488 REDUCE LANDFILL FEE SOUTHERN CLASSIC HOMES LLC 912250 380 N -23.16 0 UNDER MINIMUM AMMIRATO SAL VA TRICE & 916590 20,130 N -758.32 43443 CHINESE DRYWALL ZAKHARY BAHGAT M 916910 104,210 N -1,124.73 43418 CHINESE DRYWALL INDIAN RIVER COUNTY HOUSING AU 922290 83,090 N -961.30 43498 GOVT OWN CANCEL BAL INDIAN RIVER COUNTY HOUSING AU 922700 83,680 N -870.48 43512 GOVT OWN CANCEL BAL CITY OF FELLSMERE 924450 2,170 N -85.50 43468 DELETE DRAINAGE FEE CITY OF FELLSMERE 924450 2,170 N -42.66 43446 ADD GOV'T EXEMPTION INDIAN RIVER COUNTY HOUSING AU 930100 77,170 N -857.85 43497 GOVT OWN CANCEL BAL INDIAN RIVER COUNTY HOUSING AU 930750 78,920 N -596.62 43499 GOVT OWN CANCEL BAL KYLES DETHRICE & 931380 51,010 N -554.42 43474 CHINESE DRYWALL

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Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit. / Insolv. Reason/Status

lNDIAN RIVER COUNTY HOUSING AU 931480 89,330 N -562.53 43496 GOVT OWN CANCEL BAL WINDSOR PROPERTIES 933210 1,520 N -24.78 0 UNDER MINIMUM FISCHER DONALD G & 939960 32,120 N -1,269.95 43383 CHINESE DRYWALL BROGNANO WILLIAM & 940260 274,520 N -603.23 43384 ADD HOMESTEAD EXEMPT M-R HOMES LTD 952250 143,730 N -258.55 43473 REDUCE VALUE & TAX M-R HOMES LTD 952290 159,600 N -314.40 43469 REDUCE VALUE & TAX M-R HOMES LTD 952300 159,600 N -99.24 43472 REDUCE VALUE & TAX SANT!LLES 283 7 LLC 960190 32,440 N -1,665.14 43558 CHINESE DRYWALL HARUMPHLLC 960210 29,840 N -1,544.99 43557 CHINESE DRYWALL SANT!LLES 2830 LLC 961810 29,920 N -1,560.55 43559 CHINESE DRYWALL BAKER DOROTHY M 963370 146,970 N -8.09 43382 ADD WIDOW'S EXMPT!ON DUNNIGAN JOHN & MARIA 964660 127,630 N -1,213.12 43485 REDUCE VALUE & TAX WALL WAYNE W & MARGARET B 965010 43,020 N -4,243.69 43576 CHINESE DRYWALL FLOOD DONALD E (1/2) & 969400 760 N -29.31 0 UNDER MINIMUM M-R HOMES LTD 971120 304,000 N -1,407.18 43463 REDUCE VALUE & TAX ROY AL PALM POINTE OF VERO BEAC 971470 0 N -17.00 0 UNDER MINIMUM LEES SUSAN & 980100 119,990 N -461.41 43429 REDUCE VALUE & TAX MCCLOSKEY GEORGE & 982050 159,900 N -1,403.81 43615 VABRUL!NG WOOD WINSTON E & ALMA W 990200 190,320 N 2,972.21 43408 ARREARS ASSESSMENT NABB RICHARD R & GINA G 990210 64,340 N 1,004.78 43425 REDUCE VALUE & TAX TEDESKO PETER A & SUSAN L 990220 31,450 N 491.16 43410 ARREARS ASSESSMENT BEAUGRAND KENNETH L & AUGUSTA 990230 158,480 N 2,474.95 434!1 ARREARS ASSESSMENT WHITE FORREST W (TR) 990250 77,730 N 1,213.91 43412 ARREARS ASSESSMENT GRANTHAM SUZANNE TINDELL (TR) 992410 1,220 N -19.57 0 UNDER MINIMUM FORT DRUM VENTURE LLC 992450 40 N -0.63 0 UNDER MINIMUM RINEHART SHEILA CLAY 1008580 122,400 N -603.23 43611 ADD HOMESTEAD EXEMPT PATTON PHYLLIS J 1009040 135,160 N -206.25 43385 CORRECT EXEMPT AMOUN HAMIL TON RALPH P & KA THERINE S 1010250 ll,970 N -267.47 43592 REMOVE IMPROVEMENTS ABT MICHAEL C & TAFF! 1030260 220 N -12.83 0 UNDER MINIMUM ABT MICHAEL C & TAFF! 1030270 220 N -12.83 0 UNDER MINIMUM lNDIAN RIVER COUNTY 1032540 73,110 N -l,268.64 43439 ADD GOV'T EXEMPTION KENNEDY FUMC LLC 1037980 0 N -17.00 0 UNDER MINIMUM ROSELAND UNITED METHODIST CHUR 1047210 35,390 N -LOO 0 UNDER MINIMUM HAHN KAREN 1058730 13,590 N 251.86 0 CUTOUT CRAWFORD ERIC 1058740 5,450 N 445.25 43601 ADDED ASSESSMENT T-MOBILE SOUTH LLC 9222730 1,714 N -27.38 0 UNDER MINIMUM T-MOB!LE SOUTH LLC 9222731 1,766 N -28.20 0 UNDER MINIMUM SPARTAN FOOD STORE INC 9222747 25,600 N -9. 71 43672 UNDER MINIMUM SPARTAN FOOD STORE !NC 9222747 25,600 N -404.74 43671 REDUCE VALUE & TAX SPARTAN FOOD STORE !NC 9222747 25,600 N -103.63 43670 DELETE TPP PENAL TY REDDY ICE CORPORATION 9222771 590 N -5.46 0 UNDER MINIMUM

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Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status

CHEVRON US A INC 9222775 3,193 N -21.70 0 UNDER MINIMUM MOORE RICHARD B MD 9222797 187,047 N -1,312.26 43487 REDUCE VALUE & TAX UNIVEST CAP IT AL INC 9222813 26,523 N -24.63 0 UNDER MINIMUM JOHNSONERICC TAMIR 9222831 25,814 N -13.89 0 UNDER MINIMUM INDIAN RIVER COUNTY 9223014 2,550 N -38.99 43514 GOVT OWN CANCEL BAL TUBE CITY IMS LLC 9224267 61 N -1.00 0 UNDER MINIMUM TUBE CITY IMS LLC 9224280 17 N -0.32 0 UNDER MINIMUM TUBE CITY IMS LLC 9224293 107 N -1.73 0 UNDER MINIMUM TUBE CITY IMS LLC 9224306 38 N -0.65 0 UNDER MINIMUM TREASURE COAST FIN'L PLAN INC 9224313 11,424 N 233.68 43400 ARREARS ASSESSMENT TREASURE COAST FIN'L PLAN INC 9224313 0 N 214.60 43416 ARREARS ASSESSMENT TREASURE COAST FIN'L PLAN INC 9224313 0 N 28.63 -8.30 43417 CHANGE MILLAGE CODE CARROLL REAL ESTATE GROUP LLC 9224317 0 N -140.56 43648 DELETE PARCEL REEL AMUSEMENTS LLC 9224329 0 N -2,783.06 43464 DELETE PARCEL VERO NORTH LLC 9224359 1,129,236 N -1,780.88 43588 REDUCE VALUE& TAX VERO BEACH DRY CLEANERS & LAUN 9224370 35,623 N -671.48 43635 REDUCE VALUE & TAX VERO BEACH DRY CLEANERS & LAUN 9224370 35,623 N 45.33 43636 ADD TANGIBLE PENALTY LITTLE CEASARS 9224418 185,000 N -788.72 43466 DELETE TPP PENAL TY LITTLE CEASARS 9224421 185,000 N -748.79 43465 DELETE TPP PENAL TY CHAVEZ JO INTERNAL MEDICINE PA 9224437 25,561 N -10.39 0 UNDER MINIMUM LODGENET INTERACTIVE CORP 9224489 42,472 N -31.96 43447 CORRECT EXEMPT AMOUN LODGENET INTERACTIVE CORP 9224490 17,004 N -222.24 43448 CORRECT EXEMPT AMOUN DOLBY LABORATORIES INC 9224513 67,988 N 1,317.66 43404 ARREARS ASSESSMENT PUGET SOUND LEASING 9224526 25,302 N -6.11 0 UNDER MINIMUM CITY OF FELLSMERE 9224565 91,200 N -1,792.92 43445 ADD GOVT EXEMPTION VAN ANTWERP FREDERICK W & FLOR 9224586 220 N -1,084.27 43379 ADD AG EXEMPTION SMITH TREVOR & 9224588 1,900 N -28.36 0 UNDER MINIMUM SMITH ELSON R JR 9224590 1,200 N -19.26 0 UNDER MINIMUM COOMBS TOOLS INC 9224681 47,710 N -3,141.33 43621 VABRULING JACKSON BROTHERS GROVES INC & 9224682 12,290 N 1,201.84 43413 ARREARS ASSESSMENT JACKSON BROTHERS GROVES INC & 9224682 44,160 N 1,710.55 43415 ARREARS ASSESSMENT JACKSON BROTHERS GROVES INC & 9224682 12,290 N 1,525.27 43414 ARREARS ASSESSMENT SCHACHT & CO INC 9224699 140 N -19.27 0 UNDER.MINIMUM LAWINGMAXC 9224712 22,840 N -338.86 43433 CUTOUT LAWINGMAXC 9224712 22,840 N 728.35 0 CUTOUT LAWINGMAXC 9224712 22,840 N 17.00 43427 CHG DRAINAGE-CUT OUT

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~ c.o _ Ua[e Jul- l2-2U l l t:rror and insolvencies Report Page 17 of 18

Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit./ Insolv. Reason/Status

District Type District Code District Name Increase Decrease Net C EMS EMERGENCY SERV DIST 8,184.67 -39,902.30 -31,717.63

C GNF COUNTY GENERAL FUND 14,820.63 -82,630.39 -67,809.76

C L04 LAND ACQUISITION BND 04 1,480.23 -9,110.47 -7,630.24

C LFL COUNTY LANDFILL FEE 64.61 -9,087.13 -9,022.52

C LND LAND ACQUISITION BND 444.67 -1,821.33 -1,376.66

C MUN COUNTY MUNICIPAL SERV 3,836.10 -20,380.96 -16,544.86

D FFD FELLSMERE FARMS WATER CONTROL -399.00 -399.00 ··················-········--·------··························------D !RF IR FARMS WATER CONTROL DIST 374.00 -2,462.12 -2,088.12

D SJD ST JOHNS DRAINAGE 3,386.88 3,386.88

D SRO SEB RIVER IMPROVEMENT DISTRICT -55.50 -55.50

D VLD VERO LAKES WATER CONTROL DIST -3.00 -3.00 ························-········--·····················-····-···--··--··--··········-··--··· F IND FLORIDA INLAND NA VIG 166.31 -923.59 -757.28 ·····················-··--·-············ H HSP HOSPITAL DISTRICT 4,153.40 -25,128.74 -20,975.34

SB! SEBASTIAN INLET 357.72 -590.37 -232.65

L FBL FLORALTON BCH STREET LIGHT DIS

L GFL GIFFORD STREET LIGHT DISTRICT -75.00 -75.00

L GIF EAST GIFFORD WATER SHED AREA -10.00 -10.00

L LWL LAUREL WOOD STREET LIGHT DISTRI

L MSL MOORINGS STREET LIGHT DISTRICT

L RRL ROSELAND ROAD STREET LIGHT DIS -4.00 -4.00

L VHL VERO HIGHLANDS STR LIGHT DIST

Tax Manager - Copyright - Manatron. Inc. Printed by : EPRETE w 0 .,Date , Jul-12-2011 Error and Insolvencies Report Page 18 of 18

Owner Name Account Number Assessed Value EX Increase Decrease Mill Code Corr No Lit/ Insolv. Reason/Status

L VLM VERO LAKES ESTATES MSTU STR LG -19.00 -19.00 ------L WWM WEST WABASSO STREET LIGHT-MSBU ------M OSQ MOSQUITO CONTROL 1,128.10 -7,090.43 -5,962.33 ------R SJW ST JOHNS RJVER WATER 2,004.39 -11,132.20 -9,127.81 ------··------··········--····-·--· s SBD SCHOOL BOND 1,405.08 -8,843.33 -7,438.25 ------······---·----····--·--·------·-··-· s SCI SCHOOL LOCAL 11,205.13 -66,939.67 -55,734.54 ------·········-················-··--····· s SSL SCHOOL· STATE LAW 23.432.06 -145,298.44 -121,866.38 ------· ···----···--·-···------·-----···--· T FEL CITY OF FELLSMERE -429.24 -429.24 -······--···-----··------···-·-········ T IRS TOWN OF IND RIV SHORES 69.62 -4,906.76 -4,837.14 ,--··-···-·--···-·-·---··-·-········- T ORC TOWN OF ORCHID 6.64 -8.51 -1.87 ------· T SEB CITY OF SEBASTIAN 44.90 -5,868.53 -5,823.63 ------························-··------T SSA SEBASTIAN STORM WATER SERVICES -263.68 -263.68 ------····-·········-······-·-·······-·--· T VEB CITY OF VERO BEACH 2,327.06 -4,605.95 -2,278.89 ------···-··········-···········---···· -- Correction Totals 78,892.20 -447,989.64 -369,097.44 Total Insolvent -35,096.10 -35,096.10 Total Litigation -35,096.10 -35,096.10 Grand Totals 78,892.20 -518,181.84 -439,289.64

// :.. :_·_::•

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Date Jul-12-2011 Daily Summary of Roll for 2010 as of Transactions Ending ,06/01/2011 Page I of

Description Real Estate Tangible Railroads Grand Total Pct

DEBITS: TAXES LEVIED 240,160,444.44. 88,944 9,545,059.25 12,244 221,448.32 702 249,926,952.01 101,890 BACK TAXES ADDED 186,295.18 II 23,791.20 3 704.79 1 210,791.17 15 CORRECTIONS TO ROLL 33,448.63 36 181.32 4 0.00 0 33,629.95 40 (1,393,534.72) 1,306 (132,769.10) 443 (507.33) 69 (1,526,81!.15) 1,818 NET OF NON-E&l 0.00 0 0.00 0 0.00 0 0.00 0 TANGIBLE PENALTIES 0.00 0 0.00 0 0.00 0 0.00 0 TOTAL LEVIED 238,986,653.53 90,297 9,436,262.67 12,694 221,645.78 772 248,644,561.98 103,763 CREDITS: TOTAL COLLECTED 236,847,607.58 103,602 9,054,369.88 2,026 218,864.63 33 246,120,842.09 105,661 DISCOUNTS ALWWED (8,245,584.01) 0 (329,814.84) 0 (2,414.58) 0 (8,577,813.43) 0 INTEREST CHARGED 150,900.27 0 1,587.88 0 0.00 0 152,488.15 0 TOTAL CASH CREDITS 244,942,291.32 103,602 9,382,596.84 2,026 221,279.21 33 254,546,167.37 105,661 97.68 % UNCOLLECTED (5,955,637.79) (13,305) 53,665.83 10,668 366.57 739 (5,901,605.39) (1,898) (97.68)% TOTAL CREDITS 238,986,653.53 90,297 9,436,262.67 12,694 221,645.78 772 248,644,561.98 103,763

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·~ager - Coovright - Manatron. Inc. Printed by : EPRETE N CONSENT AGENDA JULY 19, 2011

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

TO: Members of the Board of County Commissioners

DATE: July 12, 2011

SUBJECT: Out of County Travel to attend the Florida Shore and Beach Preservation Association 55th Annual Conference

FROM: Misty L. Pursel, Commissioner Assistant, District 1

Out of county travel is requested for commissioners and staff to attend the Florida Shore and Beach Preservation Association 55th Annual Conference in Miami, Florida on September 14 through September 16, 2011.

Attachment

33

CONFERENCE PROGRAM WEDNESDAY, SEPTEMBER 14, 2011 "Haw Can Design Professionals Contribute to Getting the Timing· Right" • The Keynote Address: Florida's Department of Thomas Pierro, Senior Coastal Engineer, Coastal Planning Environmental Protection and Beach Management & Engineering, Inc. Herschel Vinyard, Jr., Secretary, Florida Department of Environmental Protection • Looking Back at Over 30 years as the Sandman and Anticipating the Challenges Ahead • Recognizing the Legendary Miami-Dade County Senator Dennis Jones, District 13, Pinellas Shore Protection Project Brian Flynn, Special Projects Administrator, Miami-Dade • Pay it Forward or Pass it On: Anecdotal Words of Wisdom County Environmental Resources Management and Lessons Learned Regarding Project Performance, the Politics of Project Selection and Funding, and Public • The Value of Beaches to Local Tourism Perception Rolando Aedo, Executive Vice President, Chief Marketing A Roundtable Discussion with Florida's Senior Coastal Officer, Greater Miami Convention & Visitors Bureau Statesmen, including Tom Campbell, Ken Humiston, Erik Olsen, and Michael Walther • Budgeting for Florida's Federal Shore Protection Funding Needs, Post-Earmarks FRIDAY MORNING, SEPTEMBER 16, 2011 Jerry Scarborough, Chief, Coastal, Navigation, and Antilles Branch, Jacksonville District, U.S. Army Corps of Engineers • A Tribute to Charlie Stevens, Project Manager, Jacksonville District, U.S. Army Corps of Engineers • Beach Management: Doing More for Less Richard Bonner, Deputy District Engineer, retired, Jacksonville Michael Walther, President, Coastal Technology Corporation District, U.S. Army Corps of Engineers

• Expediting the Permitting Process for Beach • FY 2012 and Beyond: Florida's Federally-Authorized Beach Nourishment Projects: A Panel Discussion Projects and Funding Outlook Jeff Littlejohn, Deputy Secretary, Regulatory Programs, Colonel Al Pantano, District Engineer, Jacksonville District, U.S. Florida Department of Environmental Protection; Army Corps of Engineers Eric Summa, Environmental Branch Chief, Planning Division, Jacksonville District, U.S. Army Corps of Engineers; • longboat Pass Unites Local Governments Kevin Bodge, Senior Vice-President, Olsen Associates, Inc.; Tom Campbell, Executive Director, Coastal Planning & Dan Bates, Environmental Resources Management Director, Engineering, Inc.; Charlie Hunsicker, Director, Natural Resources Palm Beach County; Diana Ferguson, Rutledge, Ecenia & Department, Manatee County; Bruce St. Denis, Town Manager, Purnell, P.A. Town of Longboat Key

THURSDAY, SEPTEMBER 15, 2011 • The South Projects (Sand Transfer Plant, • How the Town of Longboat Key Funds its Beach Seawall, and Jetties), Rebuilding Three Projects for the Price Management Program: The Good, the Bad & the Ugly of One ... Juan Florensa, Public Works Director, Town of Longboat Key Leanne Welch, Environmental Program Supervisor, Palm Beach County Environmental Resources Management • Beach Management Program Sustainability Christopher Creed, Vice-President, Olsen Associates, Inc. • Hideaway Beach Erosion Control Project: Sustainable Beach and Scott Liggett, Director of Public Projects and Facilities, Fill Stabilization with Phased Construction of Erosion Control Town of Hilton Head Island, SC Structures Ken Humiston, Co-Founding Partner, Humiston & Moore • Optimizing Project Cost, Performance and Durability in Engineers a Slow Economy: Collier County, Beaches, Florida Gary McAlpin, Coastal Zone Management Director, Collier • The Role of the Federal Government in Water Resources County Michael Willis, Principal, Marlowe & Company, LLC

• When to Ask for State Funding for Your Project: • Improving lnteragency Coordination -- the Bureau of Ocean "The State's Perspective from the Governor's Office to the Energy Management, Regulation and Enforcement Legislature" Jennifer Culbertson, Biological Oceanographer, Bureau of Lisa Armbruster, Director of Governmental Affairs, FSBPA Ocean Energy Management, Regulation and Enforcement "What Goes Into a Local Sponsor's Decision Regarding When to Ask" • The Evaluation of Artificial Reefs as Appropriate Mitigation Charlie Hunsicker, Director, Natural Resources Department, for Beach Nourishment: An Innovative Look for Future Manatee County Methodology and Potential Cost Savings Lindsay Aylesworth, Marine Biologist, Coastal Planning & Engineering, Inc. Subject to change, actual program with specific times will be available online. 35 CONFERENCE REGISTRATION Early Registration Regular Registration Through August 13, 2011 After August 13, 2011

Member Registration $325 Member Registration $375 Non-Member Registration $375 Non-Member Registration $425 *Spouses $125 *Spouses $125 **Full Time Students $125 **Full Time Students $125 * Spouse registration fee includes Welcome Reception and Awards Banquet ** Students must provide current student ID

Florida engineers who CANCELLATION POLICY attend and sign in at the Cancellation Fee: $50 registration desk are eligible to receive CEU's. FSBPA must receive cancellation requests in writing, by email or regular mail, no later than August 31, 2011. Send requests to FSBPA FSBPA's exempt provider Cancellations, PO Box 13146, Tallahassee, FL 32317 or number is 0003914. E-mail: [email protected] HOTEL RESERVATIONS Eden Roe Renaissance Room Rates: $140* single/double plus taxes 4525 Collins Avenue For reservations online, visit www.fsbpa.com/hotel.html Miami Beach, FL 33140 For reservations by phone, call l .800.228.9290 or 305,531.0000 TO RECEIVE THE GROUP RATE, REFER TO THE GROUP CODE, FSBFSBA

36 Office of the INDIAN RIVER COUNTY ADMINISTRATOR

Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator

MEMORANDUM

TO: Members of the Board of County Commissioners

FROM: Joseph A. Baird County Administrator

DATE: July 11, 2011

SUBJECT: Tax Equity Fiscal Responsibility Act (TEFRA) Authorization to Advertise Public Hearing

DESCRIPTIONS AND CONDITIONS:

The Escambia County Housing Finance Authority is seeking to apply for District 9B Industrial Bond Allocation from the State of Florida. The funds generated will be used to finance first mortgage loans for single family housing within Indian River County. As Indian River County does not have a Housing Finance Authority, we have, in the past, joined in the bond financing pool of the Escambia County Housing Finance Authority.

The Escambia County Housing Finance Authority has asked Indian River County to hold a TEFRA Public Hearing. A copy of the TEFRA notice is attached that outlines all of the purposes of the Bond issuance. The TEFRA Public Hearing will be held on September 13, 2011 at 9:00 a.m., or as soon thereafter as the matter may be heard.

RECOMMENDATION:

Staff recommends that the Board of County Commissioners authorize advertising for a TEFRA Public Hearing to be held on September 13, 2011.

APPROVED AGENDA ITEM Indian River Co BY;ia=f11 )). Jjc=J Admin. Legal FO ~une 16 2009 Budget

37 NOTICE OF PUBLIC HEARING

For the purpose of Section 147(f) of the Internal Revenue Code of 1986, as amended, notice is hereby given that the Board of County Commissioners of Indian River County, Florida (the "Board"), will conduct a public hearing on Tuesday, September 13, 2011, at 9:00 a.m., or as soon thereafter as the matter may be heard, in the Board of County Commissioners Chambers, located at 1801 27th Street, Building A, Vero Beach, Florida 32960, to consider the approval of a plan of finance to provide capital including the issuance from time to time by the Escambia County Housing Finance Authority (the "Authority"), on behalf of Indian River County and other participating counties, of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds in multiple series from time to time.

The proceeds of such bonds together with funds from other sources available to the Authority, will be used to finance, or refund outstanding obligations, the proceeds of which will be used to finance the purchase of single family residences to be occupied primarily by first-time home buyers of moderate, middle or lesser income within Indian River County and various other counties in the State of Florida.

The bonds and interest thereon shall not constitute a debt or indebtedness of the Authority, Indian River County, Florida, or other participating counties or housing finance authorities within the meaning of any provisions or limitations of the statutes or Constitution of the State of Florida, Indian River County, Florida, or other participating counties or housing finance authorities, but will be payable solely from payments made from the revenues generated from the housing program.

All persons are advised that, if they decide to appeal any decision made at this public hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

At the time and place fixed for said public hearing persons who appear will be given an opportunity to express their views for or against the proposal to issue said bonds, and any written comments received by the Clerk of the Circuit Court, ex-officio clerk to the Board will be considered.

In accordance with the Americans With Disabilities Act, persons needing a special accommodation to participate in the proceeding should contact the County's Americans with Disabilities Act (ADA) Coordinator at least 48 hours prior to the proceeding at (772) 226-1223 (TDD# (772) 770-5215).

Chairman, Board of County Commissioners Indian River, Florida BY -s- Bob Solari, Chairman

38 CONSENT ITEM (Administrative)

INDIAN RIVER COUNTY MEMORANDUM

TO: Joseph A. Baird County Administrator

o ert M. Keating, Community Development Di e tor

THROUGH: Roland M. DeBlois, AICP ~ Chief, Environmental Planning & Code Enforcement

FROM: Kelly Buck Code Enforcement Officer

DATE: 7/8/11

RE: John and Donna Eck's Request for a Partial Release of Easement at 6210 109th Street (Dales Landing Subdivision)

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 19, 2011.

DESCRIPTION AND CONDITIONS

The County has been petitioned by John and Donna Eck, owners of a single-family residential lot at 6210 109th Street (in Dales Landing Subdivision), for release of a portion of a 20-foot wide side yard drainage and utility easement. The purpose of the partial release of easement is to allow for construction ofa pool (see attached maps).

ALTERNATIVES AND ANALYSIS

The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested partial release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact to utilities being supplied to the subject properties or to other properties.

RECOMMENDATION

Staff recommends that the Board, through adoption of the attached resolution, release a portion of the side yard drainage and utility easement, as more particularly described in said resolution.

39 JOHN AND DONNA ECK Release of Easement Page2

ATTACHMENTS

I. Map(s) depicting easement portion proposed for release. 2. Proposed County resolution releasing a portion of the easement.

APPROVED:

FOR: July 19, 2011 BY,,PQ ~ A~a,)

I.R. County Admin. Legal Budget Dept. Risk Mgr.

ease.bccmemo proj ./appl. no. 20 IO I 00025/66593

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=-ouNO 3/4" IRON ;,/PE 1/0 IDENTTFICA 710N S89" 43' 45"£ (M) ------j_ Jg~~1!1~r 203.19' (C) S89" 38' 22"£ (P) 5.00 ---+-= 210' +/- (~ 5.00 200.00' M

I L=50.63 (M) I R=40.00 30.74 L==50. 75' (P) / L1=72°J1'21" (M) D= 72°.f.1'10• (P)

GRAVE~ 47.13 / PAVER W~LK

: .. .CONCRETE . . . •. 21.55' _. DRIVEWAY '.. ·· .: -·. : \ 1 STORY WOOD FRAME WOOD~ :~:-~-~-· ... #6210 DECK LOT ...... FINISHED FLOOR-10. 1'

21.70'

\ TR£LLAC£ 39.04 STEPS

E:XISTING~.B' ELEVATION LOC,Hl \__ (Tl1'1CAL)

NOTE: HATCHED AREA OF EAS£MENT TO BE ABANDONED 20' U11U1Y & DRAJNAGE E:ASEJ.IENT SET IRON ROD \ .t CAP LB 4644 ·.- 243.68' M 10.0 S89" 43' 45"£ (M) [Q'J S89" 38' 22"£ (P)

/NE FOR CROSS SECT10N NOT PLATTED

PROJECT NO. 6513 DRAWING SCALE: 1"=20' PREPARED BY: CJG T,,.. 3_ ,1. nnn,,.-.,1 ,rn ,..., ...... f ~" RESOLUTION NO. 2011 -__

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A PORTION OF AN EASEMENT ON LOT 3, DALES LANDING SUBDIVISION

WHEREAS, Indian River County has an interest in a drainage and utility easement on Lot 3 of Dales Landing Subdivision; and

WHEREAS, the retention of a portion of the easement, as described below, serves no public purpose;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners oflndian River County, Florida that:

INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easement portion:

See aitached Exhibit A, Sketch ofLegal Description

This partial release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960.

THIS RESOLUTION was moved for adoption by Commissioner------~ seconded by Commissioner ______, and adopted on the ____ day of ------2011, by the following vote: Chairman Bob Solari Vice-Chairman Gary C. Wheeler Commissioner Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Joseph E. Flescher

The Chairman declared the resolution duly passed and adopted this ____ day of ------, 2011.

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA

By------Bob Solari, Chairman

Attested By: Deputy Clerk

ATTACHMENT 2 44 RESOLUTION NO. 2011 -

STATE OF FLORIDA COUNTY OF INDIAN RIVER

The foregoing instrument was acknowledged before me this ___ day of ______, 2011, by BOB SOLARI, as Chairman of the Board of County Commissioners oflndian River County, Florida, and by ______, Deputy Clerk for JEFFREY K. BARTON, Clerk of the Board of County Commissioners ofindian River County, Florida, who are personally known to me.

NOTARY PUBLIC

Printed Name: ------Commission No.:·,--,------Commission Expiration: ______

APPROVED AS TO LEGAL FORM: /111/JJ!/__. {)JO .(or: Alan S. Polackwich, Sr. County Attorney

ease.bccdoc proj/apl. no. 2010100025/66593

Cc: Applicant:

DONNA & JOHN ECK 29 KING GEORGES GRANT FREDERICKSBURG, VA 22405

45 .... '.------Exhibit "A" Sketch ofLegal Description for John Paul Eck at the Lot 3, Dales Landing Indian River County, Florida For the Abandonment ofa Portion of a Utility & Drainage Easement Not Valid WithoutAllSheets

SURVEYORS NOTES 1) THE BEARING BASIS FOR THIS SKETCH JS THE SOUTH LINE OF LOT J HOLDING A BEARING OF sa9•43•45"E AS MEASURED AND DEPICTED ON THIS SKETCH. THE BEARING SHOWN ON THE RECORDED PLAT IS sa9·3a•22·E. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRA11NG THE LEGAL DESCRIP110N TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER SJ-17, FLORIDA ADM/NISTRA11VE CODE, PURSUANT TO SEC110N 472.027, FLORIDA STAWTES. LEGEND R/W RIGHT-OF-WAY NO. NUMBER R RADIUS L LENGTH CH CHORD DISTANCE CB CHORD BEARING PSM PROFESSIONAL SURVEYOR AND MAPPER .ll DELTA N NORTH s SOUTH E EAST w WEST LEGAL DESCRIPTION A POR110N OF A 20.00 FOOT WIDE U11LITY AND DRAINAGE EASEMENT LYING IN LOT J, DALES LANDING SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE FORTY FOUR OF THE PUBLIC RECORDS OF IND/AN RIVER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT J, THENCE sa9•43'45"E ALONG SAID SOUTH LINE A DISTANCE OF 49.70 FEET; THENCE N00i6"15E A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; 71-/ENCE CONTINUING NOOi6'15"E A DISTANCE OF 10.00 FEET TO THE NORTH LINE OF A 20.00' WIDE U11LITY AND DRAINAGE EASEMENT; THENCE sa9·43•45"E ALONG SAID NORTH LINE A DISTANCE OF 40.00'; THENCE S00i6'15"W A DISTANCE OF 10.00 FEET; THENCE NB9•4J'45"W 10.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID U17L/TY AND DRAINAGE EASEMENT A DISTANCE 40.00' BACK TO THE POINT OF BEGINNING.

CONTAINING 400 SQUARE FEET, MORE OR LESS.

SKETCH OF LEGAL DESCRIPTION Drawn by, Checked by File name Date Scale Drawing Name SHEET •This is NOT a Boundarv Survey• CJG DMT 6513 4/04/2010 1"=20' 6513 1 OF 2

NOT VALID \l,11HOUT THE SIGNATURE AND Masteller, Moler, Reed& Taylor, Inc. THE ORIGINAL RAISED SEAL OF A FLORIDA UCENnVEYOR AND MAPPER. 11\ .P.HOFESSIOHALSlllll'EYO.KSAMJ AU.P.P.EHS ~ / j \ £AMJSlllll'Enl\T6Bl7SIJVESS#46✓✓ V 1655 27th Street, Suite 2 Vero Beach, Florida 32960 IL 4( Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P.LS. 5243 4 5 Exhibit "A" Sketch ofLegal Description for John Paul Eck at the Lot 3, Dales Landing ~ Indian River County, Florida - For the Abandonment ofa Portion ofa Utility & Drainage Easement Not Valid Without All Sheets

EXISTING RESIDENCE LOT 3 \

\ NOTE: HATCHED AREA TO BE ABANDONED \..£.QJNT OF COMMENCEMENT S. W. CORNER LOT .3 I k'-'"""'..U.-'-'-"-<-"-"--<-<.,.'-"-'..U.-'.L..,C.J (/)6 20' DRAINAGE & NO" 16' 15"E N89" 4.3' 45"W 40.00' U1LJTY EASEMENT 10.00' ..._____,..--POINT OF BEGINNING IRON ROD S89" 4.3' 45"E 49. 70' SOUTI/ PROP£RTY LINE & CAP LB 46# BEARING BASE

SKETCH OF LEGAL DESCRIPTION Drawn by, Checked by File name Date Scale Drawing Name SHEET "This is NOT a Boundar Surve " CJG DMT 6513 4/04/2010 1"=20' 6513 2 OF 2

NOT VALID v.m-1our THE SIGNATURE AND Masreller, Moler, .Reed& I'aylo,; Ine. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED VEYOR AND MAPPER. ffi_ P.RO.F.ESSEOJVAL Sl7.RPE.YO.RSA/VD AUPP.E.RS / I \ £AMJSl7.RPE17JV6BUS.INESSl#o# 1655 27th Street, Suite 2 Vero Beach, Florida 32960 ,.______Phone: (772) 564-8050 Fax: (772) 794-0647 ____,;a 7 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Joseph A Baird; County Administrator

nity Development Director

THROUGH: Stan Boling, AICP; Plannin~ Director~ {IJ\

FROM: John W. McCoy, AICP; Semor Planner, Current Development

DATE: July 7, 2011

SUBJECT: Indian River Habitat for Humanity's Request for Final Plat Approval for a Subdivision to be Known as Grace Woods West [2008040082-66616 / SD-08-09-08]

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 19, 2011.

DESCRIPTION & CONDITIONS:

Grace Woods West is a proposed small lot subdivision located on the north side of 11 th Street SW between 17th Avenue SW and 18th Avenue SW, directly north of the Thompson Life Long Learning Center. Consisting of 20 lots on a 4.45 acre site, the subdivision has a density of 4.5 units per acre. Currently, the property is zoned RS-6 (Residential Single-Family - up to 6 units per acre), and has an L-2 (Low Density 1 up to 6 units per acre) land use designation.

On September 25, 2008, the county granted preliminary plat approval for Grace Woods West. Subsequently, the applicant obtained a land development permit and constructed more than 75% of the required subdivision improvements. Now, as allowed by the land development regulations (LDRs), the applicant is requesting final plat approval and is proposing to bond-out for completion of the remaining required improvements. The applicant has submitted the following:

1. A final plat in conformance with the approved preliminary plat;

2. An Engineer's Certified Cost Estimate for remaining required improvements; and

3. A Contract for Construction of the Remaining Required Improvements

F:\Community Development\Users\CurDev\Final Plats\BCC staffreports\gracewoodswestfinalplat.rtf 48 ANALYSIS:

The Grace Woods West subdivision is the first small lot subdivision subject to the affordable/work force housing criteria now applicable to all new small lot subdivisions. Those criteria, which were enacted by the Board of County Commissioners in 2006, include a 10 year restriction on the initial rental and sales price for units in the subdivision, a re-sale price restriction, a limitation on the size of homes, and monitoring conditions. In this case, those criteria have been approved by the Planning staff and the County Attorney's Office, reference on the plat, and incorporated in the subdivision's covenants and restrictions.

At this time, approximately 90% the required Grace Woods West subdivision improvements have been completed. As provided for in the county's LDRs, the applicant is proposing to bond-out for the remaining required improvements (buffering, surveying and engineering,). Consistent with county procedures, Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements, while the County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements.

To guarantee construction of the remaining required improvements, a check, which represents 125% of the estimated cost to construct the required improvements, has been posted. In this case, the subdivision improvements (stormwater tracts, landscape easements) will be private, with the exception of the road right-of-way and certain utility facilities, which will be dedicated to and guaranteed to Indian River County. All requirements of final plat approval for Grace Woods West have been satisfied.

RECOMMENDATION:

Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Grace Woods West.

ATTACHMENTS:

1. Application 2. Location Map 3. Plat Layout 4. Contract for Construction/Cash Deposit and Escrow Agreement

APPROVED AGENDA ITEM: Indian River Coun Administrator Legal Budget Risk Management Department

F:\Community Development\Users\CurDev\Final Plats\BCC staffreports\gracewoodswestfinalplat.rtf 2 49 ,--,;::;18' 0'\6 if 79:, '!,- • ~~ . ·-o'<' ,'.); ; {,,_· "V . ~ ,~" i/.t ...0.NED ~ ,... bl Z ~1 ,!> ',-· [\) FINAL PLAT (PL TF) APPLICATION ~; ···"•'"•"" /;.? ' ,s; •·""•"''"'·'"'[(:\ '; r.:t.UrMr.r1. Vl'' PROJECTNAMEPRINT): Grace Woods West c)co8ol.foog()- ~0~1Qj"'~,,. -· al.,,., Cl - Lt:0;;1:> NOTE: THIS IS THE NAME THAT WILL BE USED FOR ALL REFERENCE TO THIS PR (SUCH AS "WOODY BIG TREE SUBDIVISION"). CORRESPONDING PRELIMINARY PLAT PROJECT NAME AND PLAN NUMBER: _::G:..:r:..:a:..:c:..:e:__:_W:..:o:..:o:..:d:::s:__:_W:..:e:..:s:..:t:______SD- 0 8 _ 0 9 08

PROPERTY OWNER: (PLEASE PRINT) AGENT (PLEASE PRINT)

Indian River Habitat for Humanity Masteller, Moler, Reed & Taylor, Inc. NAME NAME

4568 N. U.S. Highway No. 1 1655 27th Street, suite #2 ADDRESS ADDRESS Vero Beach, Florida 32967 Vero Beach, Florida 32960 CITY, STATE, ZIP CITY, STATE, ZIP (772) 562-9860 ext. 208 (772) 564-8050 . PHONE NUMBER PHONE NUMBER [email protected] [email protected] EMAIL ADDRESS EMAIL ADDRESS

Andrew R. Bowler, Taylor, PSM/President CONTACT PERSON RSON

PROJECT ENGINEER: (PLEASE PRINT) PROJECT SURVEYOR: (PLEASE PRINT)

Schulke, Bittle & Stoddard, LLC Masteller, Moler, Reed & Taylor, Inc. NAME NAME 1717 Indian River Blvd. Ste 201 1655 27th Street, Suite #2 ADDRESS ADDRESS Vero Beach, Florida 32960 Vero Beach, Florida 32960 CITY, STATE, ZIP CITY, STATE, ZIP

(772) 770-9622 (772) 564-8050 PHONE NUMBER(s) PHONE NUMBER(s)

[email protected] [email protected] EMAIL ADDRESS EMAIL ADDRESS Joseph W. Schulke, P.E. David M. Taylor, PSM/President CONTACT PERSON CONTACT PERSON 1801 21'1' Street, Vero Beach FL 32960 AiTACHMEffT 1 F:\Ccmmunity Deveiopment\Users\CurDev\Applications\Fina!PlatApplication.doc Revised January 2011 l of3 50 48!.0GS...... (24 UNITS) LO H (\J 'I'{ 1 lOTHSTSW TR ,.. L- ;e 1'l/i" (11 ~ RS-6 f ::c::s 0.3 c.:l ~ 1 11: j ! 9-.Y.l' j$ • ~ 136.83

7 ,,1-· 00001 , oaro lt~~: 20 I .:. I s 5 ~ !)1. ~ ~~ • 2 ;

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CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. SD-08-09-08-CFC (2008040082-66616)

THIS CONTRACT, made and entered into this u.±!!._ day of July, 2011, by and between INDIAN RIVER COUNTY HABITAT FOR HUMANITY, INC., a Florida nonprofit corporation, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County".

WITNESSETH:

WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and

WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River. County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed; and

WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Grace Woods West; and

WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows:

1. Developer agrees to construct on or before July 19, 2012, in a good and workmanlike manner, those improvements described as follows:

See Exhibit "A" attached hereto

lffACHMEffT 4 53 or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval of the Board of County Commissioners and made a part hereof for all purposes.

2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof.

3. In order to guarantee performance of this contract, Developer has simultaneously herewith furnished an executed cash deposit and escrow agreement, in a form to be approved by the County Attorney, between Developer and the Indian River County Office of Management and Budget, as the escrow agent, in the amount of $140,000.00, which amount is not less than one hundred fifteen percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the escrow deposit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval as to form by the County.

4. Up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property dam1;1ge, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements, including all those improvements to be constructed on existing publicly dedicated or County-owned property, such as street, sidewalk, bikepath, lighting, signalization, traffic control, drainage, water, or sewer improvements.

5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed.

2 54 Developer shall remain responsible for utility meter boxes to be in good repair and not covered with soil for the 1-year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner.

Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record.

6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the funds in escrow deposit shall be liable to pay for the cost of construction and installment of the required improvements to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County.

7. The parties agree that the County at its option shall have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the cash deposit for the final total cost of the improvements as well as the cost for the warranty. Developer shall remain wholly liable for any resulting deficiency, should the cash deposit be exhausted prior to completion of the required improvements and warranty. In no event shall the County be obligated to expend public funds, or any fund other than those provided by the Developer to construct and warranty the required improvements.

8. Any cash deposit provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing.

3 55 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written.

INDIAN RIVER COUNTY HABITAT FOR HUMANITY, INC., a Florida nonprofit corporation Developer By:dL~ Andrew Bowler, President sign:( print name;JYlh~~i],~ g,/~ ~:

INDIAN RIVER COUNTY, FLORIDA

Authority: Resolution No. 2005-121

APPROVED AS TO FORM ANDnFm

Bv:~'ll'Litt~ia""m=K-=."'o~e.,..Bra.cca...,alc-'--'-­ Deputy County Attorney

4 56 Gracewoods West 6/22/2011 Rev. 6/30/11 Construction Cost Estimate for Final Plat Bond

ITEM UNIT QUANTITY UNIT PRICE TOTAL COMPLETE %COMPLETE REMAINING

PAVING/ GRADING/ EARTHWORK Mobilization LS 1 $ 3,185.00 $ 3,185.00 $ 2,548.00 80% $637.00 Clearing & Demo LS 1 $ 17,148.00 $ 17,148.00 $ 13,718.40 80% $3,429.60 Demuck Site LS 1 $ 12,736.00 $ 12,736.00 $ 10,188.80 80% $2.547.20 Silt Fence LF 1,750 $ 0.79 $ 1.382.50 $ 1.106.00 80% $276.50 Lake Excavation CY 3,160 $ 4.02 $ 12,703.20 $ 10,162.56 80% $2,540.64 Site Grade SY 16,750 $ 4.00 $ 67,000.00 $ 53,600.00 80% $13,400.00 12" Stabilization SY 270 $ 3.85 $ 1,039.50 $ 831.60 80% $207.90 8" Stabilization SY 1,870 $ 2.77 $ 5,179.90 $ 4,143.92 80% $1,035.98 8" Coauina Rock SY 1,600 $ 9.96 $ 15,936.00 $ 12,748.80 80% $3,187.20 Asohalt Pavement SY 1,600 $ 11.14 $ 17,824.00 $ 14.~59.20 80% $3.564.80 Mod. Miami Curb LF 1,205 $ 9.14 $ 11,013.70 $ 8,810.96 80% $2,202.74 Pavement Markings LS 1 $ 2,510.00 $ 2,510.00 $ 2,008.00 80% $502.00 Street Signs EA 2 $ 200.00 $ 400.00 $ . 0% $400.00 Sod (On-Site Banks/ROW/Swales) SY 10,596 $ 1.45 $ 15,364.20 $ . 0% $15,364.20 Sod (11th ST SW/18th Ave Svv SY 1,392 $ 1.45 $ 2,018.40 $ . 0% $2,018.40 Grading (On-Site) LS 1 $ 3,800.00 $ 3,800.00 $ . 0% $3,800.00 Grading (11th-St. SW/18th Ave SW) LS 1 $ 2,750.00 $ 2,750.00 $ 2,200.00 80% $550.00 11 Subtotal $ 191,990.40 $ 136,326.24 $55,664.16 QoJ 1/1/

SANITARY SEWER Manholes EA 5 $ 1,617.80 $ 8,089.00 $ 8,089.00 100% $0.00 8" Gravity PVC LF 784 $ 17.85 $ 13,994.40 $ 13,994.40 100% $0.00 Double Service EA 6 $ 476.70 $ 2,860.20 $ 2,860.20 100% $0.00 Sinale Service EA 8 $ 424.20 $ 3,393.60 $ 3,393.60 100% $0.00 lVTesting LS 1 $ 500.00 $ 500.00 $ . 0% $500.00 Subtotal $ 28,837.20 $ 28,337.20 $500.00

WATER SYSTEM 8"x6" Wet Tao EA 1 $ 2,572.45 $ 2,572.45 $ 2,572.45 100% $0.00 6" PVC Water Main LF 643 $ 12.60 $ 8,101.80 $ 8,101.80 100% $0.00 Double Service EA 7 $ 811.65 $ 5,681.55 $ 5,681.55 100% $0.00 Single Service EA 6 $ 477.67 $ 2,866.00 $ 2,866.00 100''/4 $0.00 Fire Hvdrant EA 1 $ 1,828.00 $ 1,828.00 $ 1,828.00 100% $0.00 Jumper Assembly EA 1 $ 525.00 $ 525,00 $ 525.00 100% $0.00 6" Gate Valve EA 2 $ 730.00 $ 1,460.00 $ 1,460.00 100% $0.00 Testing LS 1 $ 1,795.00 $ 1.795.00 $ . 0% $1,795.00 Chanoes Per IRC LS 1 $ 805.00 $ 805.00 $ 805.00 100% $0.00 Subtotal $ 25,634.80 $ 23,839.80 $1,795.00

STORM DRAINAGE Modified Miami Inlet EA 4 $ 2,706.00 $ 10,824.00 $ 8,659.20 80% $2,164.80 Manhole EA 3 $ 2,215.00 $ 6,645.00 $ 5,316.00 80% $1,329.00 TvoeC EA 2 $ 1,825.00 $ 3,650.00 $ 2,920.00 80% $730.00 Tvne C (IRC R-0-W) EA 1 $ 1,825.00 $ 1,825.00 $ 1,460.00 80% $365.00 Control Structure EA 1 $ 1,915.00 $ 1,915.00 $ 1.532.00 80% $383.00 18" ADS Yard Drain EA 4 $ 1,205.00 $ 4,820.00 $ 3,856.00 80% $964.00 12" ADS Yard Drain EA 2 $ 985.00 $ 1,970.00 $ 1,576.00 80% $394.00 15" RCP LF 160 $ 22.60 $ 3,616.00 $ 2,892.80 80% $723.20 12"x18" ERCP LF 72 $ 26.50 $ 1,908.00 $ 1,526.40 80% $381.60 14"x23" ERCP LF 426 $ 29.45 $ 12,545.70 $ 10,036.56 80% $2,509.14 10" ADS LF 69 $ 12.50 $ 862.50 $ 690.00 80% $172.50 15"ADS LF 208 $ 16.45 $ 3,421.60 $ 2,737.28 80% $684.32 18" ADS LF 1135 $ 18.60 $ 21,111.00 $ 16,888.80 80% $4.222.20 24" ADS LF 157 $ 25.50 $ 4,003.50 $ 3,202.80 80% $800.70 18"CAP LF 6 $ 26.40 $ 158.40 $ 126.72 80% $31.68 Concrete Collar EA 1 $ 305.00 $ 305,00 $ 244.00 80% $61.00 MES EA 5 $ 295.00 $ 1,475.00 $ 1,180.00 80% $295.00 15" RCP rlRC R-O-Wl LF 109 $ 22.60 $ 2,463.40 $ 1,970.72 80% $492.68 18" RCP /IRC R-O-W) LF 12 $ 25.40 $ 304.80 $ 243.84 80% $60.96 14"x23" ERCP {JRC R-O-W) 144 426 $ 29.45 $ 12,545.70 $ 10,036.56 80% $2,509.14 1 ( ,, MES (lRC R-O-W) EA 7 $ 295.00 $ 2,065.00 $ 1.652.00 80% $413.00 1 Subtotal $ 98,434.60 $ 78,747.68 $19,686.92 O"' 1

57 ,. LANDSCAPE Trees Bald Cypress EA 7 $ 145.00 $ 1,015.00 $ . 0% $1,015.00 Dahoon Holly EA 6 $ 175.00 $ 1,050.00 $ . 0% $1,050.00 Live Oak EA 9 $ 300.00 $ 2,700.00 $ . 0% $2,700.00 Laurel Oak EA 8 $ 300.00 $ 2,400.00 $ . 0% $2,400.00 Silver Buttonwooct EA 38 $ 75.00 $ 2,850.00 $ . 0% $2,850.00 Wax Myrtle EA 26 $ 75.00 $ 1,950.00 $ . 0% $1,950.00 Slash Pine EA 10 $ 145.00 $ 1,450.00 $ . 0% $1,450.00 Fiddlewood EA 6 $ 85.00 $ 510.00 $ . 0% $510.00 East Palatka Hollv EA 7 $ 95.00 $ 665.00 $ . 0% $665.00 Southern Red Cedar EA 8 $ 85.00 $ 680.00 $ . 0% $680.00 Palms EA 42 $ 150.00 $ 6,300.00 $ . 0% $6,300.00 Shrubs Bougainvillea EA 396 $ 4.00 $ 1,584.00 $ . 0% $1,584.00 Green Buttonwood EA 26 $ 3.50 $ 91.00 $ . 0% $91.00 Marble Berrv EA 14 $ 4.00 $ 56.00 $ . 0% $56.00 Wax Myrtle EA 29 $ 3.50 $ 101.so $ . 0% $101.50 Yauoon HoUv EA 24 $ 4.00 $ 96.00 $ . 0% $96.00 Vibernum Susoensum EA 25 $ 3.50 $ 87.50 $ . 0% $87.50 Walter's Vibernum EA 33. $ 4.00 $ 132.00 $ . 0% $132.00 Mvrsine EA 25 $ 4.00 $ 100.00 $ . 0% $100.00 Simpson Stopper EA 30 $ 4.00 $ 120.00 $ . 0% $120.00 Florida Privet EA 20 $ 3.50 $ 70.00 $ . 0% $70.00 Saw Palmetto EA 15 $ 5.00 $ 75.00 $ . 0% $75.00 Irrigation LS 1 $ 12,500.00 $ 12,500.00 $ 10,000.00 80% $2,500.00 Mulch LS 1 $ 1,600.00 $ 1,600.00 $ . 0% $ 1,600.00 Subtotal $ 38,183.00 $ 10,000.00 $28,183.00

PROFESSIONAL Survevino CPCP, PRM) LS 1 $ 2,000.00 $ 2 000.00 $ . 0% $ 2,000.00 Surveyino (Construction Stakinol LS 1 $ 7,500.00 $ 7,500.00 •• 6,000.00 80% $ 1,500.00 SurvevinQ (AS-Builts)) LS 1 $ 5,600.00 $ 5,600.00 $ 4.480.00 80% $ 1,120.00 Enqineerino LS 1 $ 4.550.00 $ 4,550.00 $ 3,640.00 80% $ 910.00 Subtotal $ 19,650.00 $14,120.00 $ 5,530.00

TOTAL AMOUNT REMAINING Paving I Grading I Earthwork $191,990.40 $ 136,326.24 $ 55,664.16 9.., Sanitary Sewer $ 28,837.20 $ 28,337.20 $ 500.00 Water System $ 25,634.80 23.839.80 $ 1,795.00 Storm Drainage $ 98,434.60 •$ 78,747.68 $ 19,686.92 ,,., .. Landscape $ 38,183.00 $ 10,000.00 $ 28,183.00 Professional $ 19,650.00 $ 14,120.00 $ 5,530.00 w~ . ..o! I SUBTOTAL $ 402,730.00 $ 291,370.92 $ 111,359.08 ' OF $ 111,3s9.oa I I$ 13s.19a.as !

58 Grace Woods West Contract No. SD-08-09-08-CFC (2008040082-66616)

CASH DEPOSIT AND ESCROW AGREEMENT

THIS AGREEMENT is entered into this ll±._hday of July, 2011, by and between INDIAN RIVER COUNTY HABITAT FOR HUMANITY, INC., a Florida nonprofit corporation (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY):

WITNESSETH:

WHEREAS, Developer is effecting development of land within Indian River County and is required to provide surety supporting a contract with the County for the construction of certain required improvements related thereto;

NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows:

1. The Developer has tendered to the County Office of Management and Budget (Escrow Agent) the sum of One H1,mdred Forty Thousand and No/100 Dollars ($140,000.00), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations set forth in the aforementioned Contract for Construction of Required Improvements, which agreement is attached hereto and incorporated herein by reference (Contract).

2. Upon completion, the Developer may obtain a disbursement from the escrow account by making a written request to the Board of County Commissioners of Indian River County through the County's Public Works Director. The request shall specify the amount of disbursement desired and shall be accompanied by a sealed certificate from Developer's engineer describing the work completed, the actual cost thereof, and that the work for which disbursement is requested has been completed in accordance with County policies for construction as those policies relate to location, method, and type of construction.

59 3. Disbursement shall occur only after issuance of a Certificate of Completion in accordance with the Indian River County Code.

4. Within seven (7) working days after receipt of a disbursement .request, the Public Works Director shall cause an inspection of the work for which payment is sought. If the Public Works Director is satisfied in all respects with the work, the accompanying cost estimates and certifications, the Public Works Director shall deliver a written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Developer.

5. Upon default by Developer under the Contract, the County may elect to pursue any of the remedies made available therein. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County in accordance with the Contract. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has defaulted under the Contract and that said funds are necessary to complete the required improvements. All funds disbursed to County in excess of the final amount determined necessary by the County to complete the required improvements shall be returned to Developer, its legal representatives, successors or assigns.

6. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Developers at close of escrow.

7. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services for construction of the required improvements, while such funds remain subject to this escrow agreement, unless and until the County shall agree otherwise in writing. The County shall not be liable to any of the aforementioned parties for claims against the Developer or contractor relating to the required improvements.

8. This Agreement, together with the attached Contract, is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification,

2 60 extension, or revIsIon hereon or hereto shall be in writing, and executed by authorized representatives of each party.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The date of this agreement shall be the date of approval by the Board of County Commissioners, as first stated above.

INDIAN RIVER COUNTY HABITAT FOR HUMANITY, INC., a Florida nonprofit corporation Developer

By:~~ Andrew Bowler, President

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA

Authority: Resolution No. 2005-121

AND BUDGET

APPROVED~~HF!ClrKY: AS TO FOmf William K. DeBraal Deputy County Attorney

3 61 ~~-~~~x-~, '.'j;:~:\:. ..$·:•..

'·"---· 11•0 i. 2acio11• r:• bbOD "lb S• r: l. 7 l.O l. :I S"l l, l,11•

INDIAN RIVER HABITAT FOR HUMANITY 12890 Indian River County 6/30/2011 Grace Woods West Completion Bond 130,000.00

Northern Trust Bank x Grace Woods West Completion Bond 130,000.00

O') N) .. :);;~;~;~~;;;[~~~~@,~

ii~12&f,1; ii

.. f ~,s /! $,.. _,,',""fo.000 -,'·,_[!· :-_.'C,'aa .. . t; •::k:u:.:·· )~ii•i:_'··~ :.L ,'\ :iii~~: !' (f:!\;;·' ·rti ·::·'t:~:~·J.: :·6$ttAas ·.·~

1Adiilii1R(i:/et•¢,di:(rity; ·. l ~ ·. -::1 ..... :•.I·: .··.• - ·· ·· ·.·. ·... · · ~i•@~J:fu:j?le(r&J:ii'Btrrid:Sut;iplenient:' Sl!it~~ .. . ··~. ·1:.;;;::/.·.:?:-,..J,\ .. ~-,i.'.\0''_:·: :;···'.,: ·.-- :'·. :'-: ,, ,. _-, ' - i.._~-- " --- _,_,...., 11•oi.2cii.211• ,:• bbDD"lb so,: l. 7 l • Ll S"l l. l,11 1

INDIAN RIVER HABITAT FOR HUMANITY 12912 Indian River County 7/7/2011 GWW Completion Bond Supplement 10,000.00

Northern Trust Bank x GWW Completion Bond Supplement 10,000.00

a, w CONSENT AGENDA

INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET

TO: Members of the Board of County Commissioners DATE: July 12, 2011

SUBJECT: FEDERAL FISCAL YEAR 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) APPROVAL OF DISTRIBTJif'I~ OF GRANT FUNDS FROM: Jason E. Brown

BACKGROUND

For the past twenty fiscal years, Indian River County has been allocated grant funds from the Florida Department of Law Enforcement to fund local anti-drug abuse programs. The County received a letter dated June 8, 2011 from the Florida Department of Law Enforcement (FDLE) stating that Indian River County has been allocated $93,442 in federal grant funds for FY 2011/2012 to fund local anti-drug abuse programs. This amount is a decrease from the previous year when Indian River County received $117,686 in federal funds. The letter also requested that the Board serve as the coordinating unit of government in applying for the funds.

At the cormnission meeting on June 21, 2011, the Board accepted the invitation to serve as the coordinating unit of government and named Jason E. Brown, Director of Management & Budget, as the contact person.

For the current fiscal year (2010/2011), Indian River County was allocated $117,686 in federal grant funds, with no match requirement. Likewise, the fiscal year 2011/2012 grant amount of $93,442 will not carry a match requirement. The two programs currently funded are the Substance Awareness Council Drug Testing Program and Multi-Agency Drug Enforcement Unit (M.A.C.E.).

64 Board of County Commissioners July 12, 2011 Page 2 of2

PROPOSED FUNDING FOR FY 2011/2012

The Substance Abuse Council Advisory Board recommended funding the programs listed below:

Subgrantee: Title of Project Total Indian River County

Indian River County Multi-Agency Criminal $57,934 Sheriff's Department Enforcement Unit (M.A.C.E.) Indian River County Substance Abuse/Awareness Drug Testing Program $22,426 Council Indian River County Taser Replacement $13,082 Vero Beach Police Department

TOTAL $93,442

The original, complete grant applications and copies of the grant applications are on file in the Board of County Commissioners office. Copies are also available in the Budget Office. for review.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the Substance Awareness Council Advisory Board's recommendations and authorize the Board Chairman to sign the letter approving distribution of the funds to M.A.C.E., the Substance Awareness Council Drug Testing Program, and the Vero Beach Police Department, along with the grant applications and other necessary related documents for submittal to the Florida Department of Law Enforcement, Office of Criminal Justice Grants, prior to the deadline of Friday, July 29, 2011.

ATTACHMENT

Approval letter to Florida Dept. of Law Enforcement

APPROVED AGENDA ITEM: Indian River Coun Administrator

Risk Mana ement FOR: -~J=ul~y~1~9,~2=0=1~1 ____

65 BOARD OF COUNTY COMMISSIONERS 1801 27th Street, Vero Beach, Florida 32960-3388

July 19, 2011

Mr. Clayton H. Wilder, Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308

Dear Mr. Wilder:

In compliance with State of Florida Rule 110-9, F.A.C., Indian River County approves the distribution of $93,442.00 of Federal Fiscal Year 2011 Edward Byrne Memorial JAG Program funds for the following project~ within Indian River County:

Dollar Amount Subgrantee: Title of Project Indian River Countv /Federal Funds) Enforcement Indian River County Multi-Agency Criminal $57,934.00 Unit (M.A.C.E.)

Indian River County Drug Testing $22,426.00 Substance Awareness Council

Indian River County Taser Replacement $13,082.00 Vero Beach Police Department

TOTAL $93,442.00

Sincerely,

Bob Solari, Chairman Indian River County Board of County Commissioners

66 CONSENT

I

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Joseph A. Baird, County Administrator

THROUGH: Christopher R. Mora, P.E., Public Works Director AND Christopher J. Kafer, Jr., P.E., County Enginee

FROM: Thomas J. Croonquist, P.S.M., County Surveyor -<:>c.,,

SUBJECT: Work Order No. 1 - Kimley-Horn and Associates, Inc Sebastian Harbor Preserve, Boundary Survey IRC Project No. 0008-09

DATE: July 5, 2011

DESCRIPTION AND CONDITIONS

On October 19, 2010, the Indian River County Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping/GIS Services Contract 1032 with Kimley-Hom and Associates, Inc.

In June 2007 Indian River County was conveyed the tract of land known as Sebastian Harbor Preserve, consisting of approximately 162 acres ( see attached aerial exhibit). In perpetuation and defense of Land Boundaries owned by Indian River County, the Survey Section continuously assists the Conservation Lands Manager with identifying and marking boundary lines. We have been requested by the Conservation Lands Manager to perform a Boundary Survey and to stake the perimeter of Sebastian Harbor Preserve. Kimley-Horn and Associates, Inc. has provided a proposal to perform the requested Boundary Survey and perimeter staking.

Work Order No. 1 with Kimley-Horn and Associates, Inc. is to perform all related field and office Surveying and Mapping services in connection with the Boundary Survey and perimeter staking of the Sebastian Harbor Preserve. Sebastian Harbor Preserve was conveyed in Fee Simple to Indian River County by that certain Warranty Deed as recorded in Official Records Book 2176, Page 1829 of the Public Records of Indian River County, Florida, consisting of approximately 162 acres. The Boundary Survey will be depicted and certified on comprehensive survey documents to be filed and maintained within the County repository.

Attached, please find Kimley-Horn and Associates, Inc. Work Order No. 1 to provide the requested professional Surveying and Mapping services. Kimley-Horn and Associates, Inc. has submitted a Scope of Services outlined in the attached Work Order No. 1 for a lump sum fee of $27,015.00.

F:\Engineering\Tom Croonquist\Private\BCC Agenda ltems\2011\11-07-19 Sebastian Harbor Preserve 0008-09- Boundary­ KHA\07-07-2011 Memo BCC Agenda for Sebastian Harbor Preserve - Job No. 0008-09.doc 67 Page Two Work Order No. 1 Kimley-Horn and Associates, Inc For BCC Agenda July 19, 2011

FUNDING

Funding for this project in the lump sum amount of $27,015.00 is budgeted and available through the Secondary Roads Gas Tax, Account No. 10921441-033490-05007 -Annual Survey Services.

RECOMMENDATION

Staff recommends approval of the attached Work Order No. 1, authorizing the above mentioned project as outlined in the attached Scope of Services, and requests the Board of County Commissioners to authorize the Chairman to execute the attached Work Order No. 1 on their behalf.

ATTACHMENTS

1. Kimley-Horn and Associates, Inc. Work Order No. 1 2. Aerial Exhibit 3. Exhibit A - Scope of Services

DISTRIBUTION

1. Kimley-Horn and Associates, Inc. 2. Beth. Powell, Conservation Lands Manager 3. David Silon, P .S.M., Assistant County Surveyor

APPROVED AGENDA ITEM Indian River County Administrator

FOR: July 19, 2011 Budget

Legal

Risk Management

Public Works

Engineering

F:\Engineering\Tom Croon_quist\Private\BCC Agenda ltems\2011\11-07-19 Sebastian Harbor Preserve 0008-09 - Boundary­ KHA\07-07-2011 Memo BCC Agenda for Sebastian Harbor Preserve - Job No. 0008-09.doc 68 IA ~ Board of County Commissioners Administration - Bnilding A 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391

Project: Sebastian Harbor Preserve Boundary Survey Indian River County Project 0008-09

WORK ORDER NO. 1 (Engineering/Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH Kimley-Horn and Associates, Inc. In accordance with Contract No. 1032 2010-2011

This Work Order No. 1 is in accordance with the existing AGREEMENT dated October 19, 2010 between Kimley-Horn and Associates, Inc., (SURVEYOR) and Indian River County (COUNTY). This Work Order No. 1 amends the agreement as follows:

SECTION I - PROJECT LIMITS

This Work Order No. 1 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the Boundary Survey and perimeter staking of the Sebastian Harbor Preserve, being the lands that were conveyed in Fee Simple to Indian River County by the that certain Warranty Deed as recorded in Official Records Book 2176, Page 1829 of the Public Records of Indian River County, Florida, consisting of approximately 162 acres.

SECTION 11 - SCOPE OF SERVICES

As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 1; specifically detailed in the attached proposal Exhibit A.

Remainder of page left blank intentionally

C:\Documents and Settings\brtan.good\Local Settings\Temporary Internet Files\Content.Outlook\1MN13CMY\07-07-2011 IRC WO 6g No 1 - Job No 0008-09.doc IRC Work Order No. 1 Kimley-Hom and Associates, Inc Sebastian Harbor Preseive July 5, 2011 Page 2 of3

SECTION Ill - TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 90% Submittal shall be made at 60 calendar days after receipt of the Notice to Proceed. b. 100% "Paper Submittal" review submittal (final review prior to request for final deliverables) shall be made within 15 calendar days of receipt of the County's review comments from the 90% Submittal. c. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal".

2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 90% and 100% Phase Submittals for COUNTY review and comments. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, five (5) paper "hardcopy" signed and sealed sets and one (1) signed and sealed MYLAR set in adequate recording fashion (I.E. Borders). Sheeted and model space (as applicable) AutoCad drawing file in release 2004 through 2009, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. d. 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 Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections 11, 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, 11, and Ill of this Work Order No. 1, for a total lump sum fee of $27,015.00.

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 October 19, 2010 through October 19, 2011.

All invoicing shall include Project Number (0008-09), Work Order No. 1 (WO 1), Contract Number (1032), itemized man-hours and materials expended to complete the Scope of

(:\Documents and Settings\brian.good\Local Settings\Temporary Internet Files\Content.Oui:look\1MN13CMY\07-07-2011 IRC WO No 1-Job No 0008-09.doc 70 IRC Work Order No. 1 Kimley-Horn and Associates, Inc Sebastian Harbor PreseNe July 5, 2011 Page 3 of 3

Services. Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, Contract No: 1032 with the COUNTY and as stated in Section II, 111 and IV hereon.

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 ___ day of ______2011.

OWNER Kimley-Horn and Associates, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

(Signature) Bob Solari, Chairman

Approved by BCC ______

ATTEST: Jeffrey K. Barton, Clerk of Circuit Court Witnessed by:

Deputy Clerk

(Printed name)

(:\Documents and Settings\brian.good\Local Settings\Temporary Internet Files\Content.Outlook\1MN13CMY\07-07-2011 IRCWO No 1-Job No 0008-09.doc 71 s l j f V t i I l' ··.,

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N/.A DATE SHEE1 NUMBER 0 l!lil""'ll!!!i!!fn" kimleyJrem ~ """" "' --- Inc. 7/5/2011 AERIAL EXHIBIT g ~!l",.M

PROPOSAL EXHIBIT "A"

WORK ORDER NO. 1 {Engineering/Survey) Continuing Professional Surveying & Mapping/GIS Services, Contract 1032, 2010-2012

Indian River County Project No. 0008-09 Indian River County Work Order No. 01

Project Limits: This project is limited to those lands conveyed to Indian River · County as described in Official Records Book 2176, page 1829. Commonly known as Sebastian Harbor Preserve a.nd consisting of +-162 acres.

Survey Services pertormed within parts of Section 18, Township 31 South, Range 39 East, .Indian River County, Florida.

Project Scope:

The SURVEYOR shall provide Professional Land Surveying services to include the following:

Preparation of a Boundary Survey of those lands described in Official Records Book 2176, page 1829. The Boundary Survey will be pertormed in accordance with the Minimum Technical Standards set forth in Chapter 5J-17 of the Florida Administrative Code. Cut open the boundary lines or nearby offset, locate possible encroachments onto the property from adjoining parcels or from the property onto adjoining parcels and set sign posts (as provided by the County} at approximate 100 foot intervals along the perimeter of the property.

1} Establish a horizontal control network along the perimeter of the parcel being +/- 13,325 feet with ties to existing Indian River County Horizontal Control Monuments or published National Geodetic Control monuments adjacent to the project.

2) Establish horizontal control of project to Florida State Plane Coordinate System, East Zone, NAO 83/07. . .

3) Locate platted subdivision comers, block comers, lot corners as required for the retracement of the recorded legal description. Recover / re-survey section and 1/4 section corners, ties to government lot and section lines along and intersecting the parcel as needed. ·

4) Locate edge cif pavement of Englar Drive and adjacent roadway improvements{+/- 1350 feet).

M:\MISC\SUR\IEY',PJ~.OPOSALS\IlIDlANRIVER CO\Sebastian Harbor Preserve Proposal 7-7-11.doc 73 ~ii1i1 tr"I Kimley-Horn l!lli,.._11B LJ and Associates, Inc.

5) Indian River County to furnish boundary surveys, recorded plats, Right of Way Maps and/or relevant information helpful to the positioning of the project from Indian River County files. The SURVEYOR will research office archive survey records of relevant adjacent parcel boundary data.

6) The SURVEYOR will meet and correspond with Indian River County surveying division staff to review and discuss project progress and data.

Project Schedule:

90% Submittal shall be made at 60 days after receipt of Notice to Proceed.

100% "Paper" Submittal shall be made prior to the Final Deliverables for the project to ensure all previous comments have been addressed.

Project Completion and Deliverables:

Indian River County reserves the right to review and comment on matters that may not be listed below.

100% Review (prior to Final Deliverables): prior to the submittal The SURVEYOR is to ensure that all previous comments have been addressed. Indian River County to review the following items as pertinent to project and mapped on said submittal:

• Review all previous comments to ensure they have been properly addressed. • Letter of Acceptance from the County Surveyor, stating the Boundary Survey is acceptable.

Final Deliverables - Five (5) paper "hardcopy" signed and sealed set. Sheeted and model space (as applicable) AutoCAD 2007 or 2010 drawing file and PDF formats on CD.

Compensation:

Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, Contract No. 1032 with Indian River County.

I. Recover and tie into existing Indian River County Horizontal Control or published National Geodetic Control monuments adjacent to the project; Set tr:averse control points along the perimeter of the parcel being +/- 13,325 feet and tie to Florida State. Plane Coordinate System (NAD 83/07). Recover and locate property corners, subdivision corners/sectional corners. Calculate boundary.

Professional Surveyor and Mapper 10 hours@ $135.00 /hr...... $1,350

Survey i echnician 10 hours@$ 80.00 /hr ...... $ 800

M;\MISCiSURVEY\PROPOSALS\INDlAN RIVER CO\Seb:tstian Harbor Preserve Proposal 7-7-1 I.doc 74 li"'7 l!i!II n Kimley-Horn f&J fi!l!llll r__ , and Associates, Inc,

Survey Crew (2 person) 50 hours@$ 115,00 /hr,.,,.,.. $5,750

Total 1...... :...... $7,900

II. Locate encroachments along boundary lines (+-13,325 feet).

Project Surveyor 0 hours @ $ 110.00 /hr...... $ 0

Survey Technician O hours @ $ 80.00 /hr ...... $ 0

Survey Crew (2 person) 40 hours@$ 115.00 /hr...... $4,600

Total IL...... $4,600

Ill. Clear perimeter boundary line or nearby offset +- 13,325 feet, set sign posts at +- 100 foot intervals (+-132 sign posts).

Project Surveyor 0 hours @ $ 110.00 /hr...... $ 0

Survey Technician 8 hours@$ 80.00 /hr ...... _. $ 640

Survey Crew (2 person) 90 hours@ $115.00/hr...... $10,350

Total 111 ...... $10.990

IV. Data reduction/drafting of Boundary Survey and encroachments in AutoCAD format.

Project Surveyor 5 hours@$ 110.00 /hr...... $ 550

Survey Technician 30 hours@ $ 80.00 /hr ...... $ 2.400

Survey Crew (2 person) 5 hours@$ 115.00 /hr...... $ 575

Total JV ...... $ 3.525

M:""11SaSURVEY\P~OPOSAJ,S\INDJAN RIVER Cb\S=bastian Harbo. Preserve Propo&lll 7~7-l 1.doc 75 jjil"l lii'!Jll if'I Kimley•Horn lliri.J BiY i and Associates, Inc.

Total I-IV ..•...... $27,015 {Lump Sum)

INDIAN RIVER COUNTY PROFESSIONAL SURVEYING AND MAPPING / GIS SERVICES CONTRACT 1032- 2011 / 2012

Annual Surveying and Mapping Services - IRC Contract No. 1032

October 2010 through September 2011

HOURLY RATES BY EMPLOYEE CLASSIFICATION:

CLASSIFICATION

Professional Surveyor and Mapper (PSM) $135.00 Project Surveyor $1J0.00 Survey technician/CADD technician $80.00 Geodetic Processing Technician $100.00 GIS Specialist $115.00 GIS analyst I Technician $80.00 Administrative, Research, Clerical $40.00

Three-Man Field Crew $135.00 Two-Man Field Crew $115.00 GIS Data Collection- one person $80.00

Reimbursable Expenses

Blueprints (24" X 36") $2.00 Concrete Monuments $12.00 Global Positioning System (GPS) $10 per unit per hour

r

o , P.E. (<.ii~)"P!Qm and Associates, Inc.

M:\MISC\SURVEY\PROPOSALs\JNDIAN RIVl:."R CO\Sebastian Harbor Preserve Proposal 7-7~11.doc 76 CONSENT 2?.I INDIAN RIVER COUNTY FLORIDA BOARD MEMORANDUM

To: The Honorable Board of County Commissioners

Through: Joseph A. Baird, County Administrator

From: Michael Zito, Assistant County Administrat;i:.

Date: July 7, 2011

Subject: Request for use of Holman Stadium

DESCRIPTIONS AND CONDITIONS The Indian River County Bar Association ("User Group") has requested use of Holman Stadium at the Vero Beach Sports Village for a fundraising / charity event. The Indian River County Bar Association is a 501 (c)(6) non-profit organization conducting the event for the benefit of the United Way which is a 501 (c)(3) organization. The planned event is the "Sawbones vs. Jawbones", a co-ed softball game between local doctors and attorneys. The event is scheduled for July 30, 2011, from 6:00am to 10:00pm. MiLB has reviewed this request and has confirmed stadium availability as of this date.

Section 6.04 of the Facility Use Agreement between the County and MiLB allows the County use of the facility for up to ten days annually, exclusive of the "Harvest Festival". Any expenses associated with the use will be the responsibility of the User Group. No County funds or staff time will be utilized for the event. The group will also provide a $1,000,000 liability policy naming Indian River County and MiLB as additional insured. The User Group has requested waiver and deletion of the standard $10,000 security deposit required under Section G of the Stadium Use Agreement based upon the fact that their proceeds will benefit a local charity. The User Group has also requested waiver and deletion of the alcohol prohibition required under Section E of Exhibit 1 to the standard Stadium Use Agreement. The User Group is seeking special permission to have the Vero Beach Sports Village conduct beer and wine sales at the event in accordance with state and local law. The Vero Beach Sports Village and the User Group will be responsible for all required permits and liquor liability insurance, and to arrange for any additional security necessary to responsibly conduct beer and wine sales at the event.

Staff has attached a copy of the "Indian River County Holman Stadium Use Agreement" between the County and the User Group for the Board's review and approval.

RECOMMENDATION Staff reconunends that the Board approve the attached Agreement, authorize the County Administrator to sign and grant the User Group's request for waiver of the standard security deposit and deletion of the alcohol prohibition required under Section E of Exhibit 1 to the standard Stadium Use Agreement.

77 CONSENT

Attachments: Letter of Request from "Indian River County Bar Association." Indian River County Holman Stadium Use Agreement Section 6.04 of Agreement between IRC and MiLB

Indian River Co. An ~ ved Date J seph A. Baird Admin. .. ,:., -,/J-1/11 J I County Administrator Co. Attv. 'IT - 7: c•-· ,, Bud2et ,, 17/iz//, Fo . July 19, 2011 Dept. 1'-1). // Risk M!!r. V

78 Holman Stadium Use County Department Internal Review

Preliminary Review:

Check and Initial Date received Requested date 501 c3 documentation Board of Directors listing and approval MiLB approval of requested dates Proposed budget Estimated attendance Alcohol Exemption requested Alcohol Exemption granted

Approvals:

Date Comments*

County Administrator~

Recreation ~

Risk Management

Budget

Finance

County Attorney t· (2,. (l

Sheriff's Office 1)n1ll._

Emergency Services 1 -11.. I\

City Of Vero Beach

MiLB

Attach additional written comments if necessary

1 79 Indian River County Holman Stadium Use Agreement

This Holman Stadium Use Agreement ("Agreement") is made this ___ day of _____, 2011, by and between Indian River County Board of County Commissioners, a political subdivision of the State of Florida ("County") and the Indian River County Bar Association, Inc., a Florida not-for­ profit corporation, 1245 20th Street, Vero Beach, FL 32060 ("User Group").

BACKGROUND RECITALS

A. The User Group has requested the use of Holman Stadium facilities (collectively referenced as "Stadium") under the terms and conditions set forth in the Indian River County Holman Stadium Use Guidelines, attached to this Agreement as Exhibit 1 and incorporated herein in its entirety by this reference and under the terms and conditions set forth in this Agreement. B. The County will allow the User Group to use the Stadium under the terms and conditions set forth in Exhibit 1 and under the terms and conditions set forth in this Agreement. .

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties agree as follows:

1. PERIOD OF USE. This Agreement shall be in force July 30th, 2011, and includes all setup and clean up time.

2. NUMBER OF PARTICIPANTS EXPECTED. User Group estimates that the number of participants expected at the event is between 200 to 600.

3. DESCRIPTION OF EVENT. User Group states that the following is an accurate description of the event: A Charity Co-Ed Softball Game between Local Doctors and Attorneys.

4. INSURANCE. The minimum dollar amounts and types of insurance coverages required are set forth in Exhibit 2 attached hereto and incorporated herein in its entirety by this reference.

5. FEES. The User Group agrees to pay all Stadium use charges as set forth in Exhibit I, including, without limitation, the charges set forth in paragraphs C, D, F, G, H, and I. Where the User Group uses the services of MiLB for parking attendants, ticket takers, security personnel, clean-up crews, or concession operations, the User Group acknowledges and agrees that the County shall cause MiLB: (i) to provide a written invoice for such services to the User, together with a courtesy copy to the County within ten (10) business days after the conclusion of the event; and (ii) to remit the net funds, if any, to the User Group.

1 80 In addition, all costs for utilities and any other costs incurred by MiLB in connection with the User Group's use of the Stadium shall be set forth on the foregoing written invoice, and such costs shall also be deducted from the net funds, if any, and remitted to the User Group. Upon the County's receipt of the notice of invoice payments from MilB, the security deposit shall be returned to the User Group; provided, however, that in the event the costs invoiced by MiLB exceed the funds available, the County shall have the right to use the security deposit for such costs. In addition, the User Group agrees to be solely responsible to pay any and all additional charges required for the staging of the event.

6. INDEMNIFICATION AND WAIVER OF CLAIMS. The User Group assumes all risks and agrees to indemnify fully and save and hold harmless the County, its officers, employees, and agents (hereinafter individually and collectively referenced as "Indemnified County Parties"), and MiLB, their respective owners, share holders, officers, employees, representatives, agents, heirs, successors, and assigns (hereinafter individually and collectively referenced as "Indemnified MiLB Parties") against all claims, losses, damages, judgments, liabilities, accidents or injuries to person(s) or property, and causes of action, including reasonable attorney's fees and court costs, arising out of, or caused directly or indirectly, by the conduct, acts, omissions, negligence, or willful misconduct of any participant in the event, the User Group, its visitors, agents, and employees. The Indemnified County Parties, and·the Indemnified MiLB Parties shall not be liable for damages to, or loss of, personal property sustained by the participants in the event, the User Group, its visitors, agents, employees, or any person claiming by or through the User Group or any of the foregoing, resulting from any fire, accident, occurrence, theft, or condition in or upon the Stadium, provided such are not due to the sole negligence or willful misconduct of the Indemnified County Parties or the Indemnified MiLB Parties. This indemnification paragraph shall survive the expiration or sooner termination of this Agreement.

7. CANCELLATION. This Agreement is subject to cancellation by either the User Group or the County as set forth in Exhibit 1.

8. FACILITY UNAVAILABILITY DISCLAIMER. The County assumes no responsibility for circumstances that may require the closing of the Stadium facility due to conditions that would render it unfit for public usage due to inclement weather, state health department or other regulatory agencies requirements. In the event of such occurrence it is the responsibility of the User Group to obtain alternative facilities and the County shall have no liability whatsoever to the User Group.

9. GOVERNING LAW. The laws of the State of Florida shall govern this Agreement and any and all legal action shall be instituted in Indian River County

2 81 for all state court matters and in the Southern District of Florida for all federal court matters.

10. ENTIRETY OF AGREEMENT. The Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of this Agreement that are not contained in this Agreement. No supplement, modification, or amendment to this Agreement shall be binding unless signed in writing by the County and the User Group.

11. SEVERABILITY. In the event that any of the provisions of this Agreement are deemed unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected.

12. ASSIGNMENT. User Group shall. not grant, assign, or otherwise convey to anyone any or all of its rights to use the Stadium hereunder without the prior written consent and approval of the County and MiLB. The User Group shall use the- Stadium only in the manner contemplated in this Agreement.

13. THIRD PARTY BENEFICIARY. No person other than MiLB, the County, the Indemnified County Parties, the Indemnified MiLB Parties, and the User Group, and the successors of the User Group shall have any rights whatsoever under this Agreement.

14. B/\CKGROUND RECITALS. The Background Recitals are true and correct and form a material part of this Agreement.

15. DEFAULT. County shall have the right to terminate this Agreement and/or deny User Group use of the stadium if User Group defaults in the performance of any obligation hereunder, provided that in the event of such default, the County shall give the User Group notice of such default and twelve (12) hours to cure the default or a lesser time if appropriate to the default on the day of the event.

16. NOTICES. Any notices or other written communications from the User Group to the County shall be delivered by fax, overnight mail, hand delivery, or first class mail to the County Recreation Director. Any notices or other communications from the County to the User Group shall be delivered by fax, overnight mail, hand delivery, or first class mail to the User Group Executive Director. The names and address to be contacted are as follows:

As to the County: Indian River County Board of County Commissioners Attn: Michael C. Zito, Assistant County Administrator 1801 27th Street, Vero Beach, FL 32960-3398

3 82 As to the User Group : Indian River County Bar Association, Inc. Attn: William K. DeBraal Member, Board of Directors 1245 20th Street Vero Beach, FL 32960

IN WITNESS WHEREOF, the County and the User Group have caused this Agreement to be executed in their respective names as of the date set forth above.

USER GROUP: INDIAN RIVER COUNTY, FLORIDA:

By: -l,L.,'---'--"'-='+,----'--'-"'..c..::_---'----'=---­ By: ------­ William K. DeBraal County Administrator or Designee Member, Board of Directors

Approved as to form and legal semc;eoc~ ~

u£eo-~- _g,I ~ County Attornel

APPROVAL BY MILS VERO BEACH, LLC, SOLELY AS TO THIRD PARTY BENEFICIARY PROVISIONS MILS VERO BEACH, LLC j

By: Craig Ca Ian, Vice President National ssoci tion of Professional Baseball Leagues, Inc. Managing Member

4 83 EXHIBIT 1 Indian River County Holman Stadium Use Guidelines (Revised 04.13. 10)

A. Eligibility: Requesting user groups must be Not-for-Profit section 501 (c)(3) corporations based in Indian River County and serving Indian River County residents. Eligible user groups are limited to one use per lease year, May 1 through April 30.

8. Use of Premises: Use of the Holman Stadium facilities and/or the four (4) baseball practice fields and the two (2) half baseball practice fields ( collectively referenced as "Stadium") must be lawful and consistent with the use of Indian River County public facilities. In addition, use must be in compliance with section 6.04 of the Facility Lease Agreement dated April 21, 2009, between Indian River County, a political subdivision of the State of Florida, and MiLB Vero Beach LLC, a Florida limited liability company ("MiLB"), a copy of which section is attached hereto as Attachment 1 and incorporated herein in its entirety by this reference. Requested use and dates must . not .conflict with scheduled facility use by MiLB, Indian River County scheduled events, or events sponsored by the Treasure Coast Sports Commission. User group shall not exclude from participation in, deny the benefits of, or otherwise subject . anyone to discrimination in, the use or operation of the. Stadium for the event on the basis of age, sex, disability, race, color, national origin, religion, or ancestry.

C. Security: Security will be provided by the Indian River County Sheriff's Office or the Vero Beach Police Department and MiLB. The security provisions must have the prior written approval of both MiLB and either the Indian River County Sheriffs Office or the City of Vero Beach Police Department, as applicable. The user group shall be solely responsible for all costs associated with security and shall reimburse both MiLB for the cost of security personnel and the Indian River County .Sheriff's Office or the Vero Beach Police Department, as applicable, for event security and traffic control.

D. Insurance: Insurance requirements will be determined by the County's Risk Manager based on the type of event, anticipated attendance, and any other criteria as established for the determination of appropriate coverage. The County shall notify the user group during the review process set forth in paragraph K2 of these Guidelines of the types and amounts of required insurance coverage. Indian River County and MiLB must be named as additional insureds in the policy or policies of insurance. A certificate or certificates of insurance must be delivered to both the County's Risk Manager and MiLB containing the types and amounts of the required coverage, and showing the required additional insureds no later than ten (10) business days prior to the event date. In addition, the agreement to be executed by the user group and the County shall contain an indemnity from the user group to the County and MiLB for the costs

1 84 of any damage or destruction to the Stadium or liabilities associated with personal injury or death that occurs in connection with the use of the Stadium by the user group.

E. Alcohol: User groups are prohibited from allowing, selling, having, using, consuming, or providing, on any basis 1Nhatsoever, or allowing the sale, use, consumption, or provision, on any basis whatsoever of, any alcoholic beverages of any nature whatsoever from, in, around, or in connection 1Nith, the Stadium or premises at any tim&i3rior, during, or after the event at the Stadium or premises. A user group that violates this restriction will be prohibited from any future use of the Stadium.

F. Facility Use Costs: User group is responsible for any and all expenses associated with the use of the Stadium, including costs imposed by MiLB for use, including, but not limited to, parking attendants, ticket takers, security personnel, clean-up crews, concession operations, and utilities, all as set forth in Attachment 1.

G. Security Deposit: User group shall post a security deposit in the amount of a minimum of Ten Thousand Dollars ($10,000) in the form of cash, or a certified or cashier's check drawn on any United States bank, irrevocable direct pay letter of credit, or surety bond issued by a surety licensed to issue surety bonds in Florida and included in the most recent United States Department of the Treasury List of Acceptable Sureties, each of the foregoing payable to Indian River County to be held by the County, and in the case of an irrevocable direct pay letter of credit or surety bond, in form and substance acceptable to the County. The County reserves the right to increase the amount of the required security deposit due to the nature of the event, and the County shall notify the User group during the review process set forth in paragraph K2 of the Guidelines of any additional amount of security deposit. The User Group shall deliver the security deposit to the County Office of Management & Budget no later than ten (10) business days prior to the event date and, if applicable, execute a cash escrow agreement between the County and the User Group, in form and substance acceptable to the County, at the time the security deposit is tendered.

H. Facility Preparation and Cleanup: The user group is responsible for all costs associated with the Stadium cleanup and field restoration as set forth in Attachment 1. MiLB must approve cleanup and restoration. If the user group should fail· to restore the Stadium facility and grounds, MiLB will have the authority to initiate cleanup and restoration, and any additional costs will be the sole responsibility of the user group, as set forth in Attachment 1. The County reserves the right to deduct any such additional costs from the security deposit.

2 85 I. Television Rights: Any recording or taping of the event must have the prior written approval of both MiLB and the County, which consent may be granted, denied, or conditioned by either the County or MiLB at their sole respective discretion. Nothing contained herein shall be deemed or construed to require approval by either the County or Mi LB of any recording or taping of the event.

J. Concessions: Concession sales and operations must have the prior written consent of MiLB which consent may be granted, denied, or conditioned by MiLB in its sole discretion. The user group will reimburse MiLB for any concession service costs incurred by MiLB, as set forth in Attachment 1.

K. Procedures: 1. A written request must be submitted by the user group's chief executive officer or board of directors to the County Administrator or his designee at least ninety (90) days in advance of the requested use date. The request must include the following: requested date(s) of use, type of event, estimated attendance, purpose, proof of nonsprofit status, and a listing of current board of directors and executive director. The County will coordinate with MiLB to seek the written approval of the availability of the date(s) from MiLB.

2. Review and approval shall include: County Administrator, Recreation Department, Risk Management Department, Budget Department, County Attorney and Finance Department, and the Indian River County Sheriff's Office or the Vero Beach Police Department. Additional information may be requested during the review process, including, without limitation, proposed budget and estimated expenses and revenues for the event. It is the responsibility of the requesting user group to secure all appropriate approvals.

3. After the County Administrator or designee review, the user group will be notified in writing, within thirty (30) business days after the date the request was submitted, of the status of the request; the amount of the required security deposit; the types and amounts of required insurance coverages; and the date the request will be submitted for County Commission consideration. The County Administrator or designee will submit the request to the County Commission. The County Commission may approve, approve with conditions or deny the request. The approval or disapproval is at the sole discretion of the County Commission.

4. Execution of an agreement between the County and the user group with respect to the use of the Stadium; submission of proof of ability to obtain the required insurance coverages; delivery of security deposit, and, if applicable, execution of a cash escrow agreement between the County and the user group; and delivery of certificates of required insurance coverages.

3 86 L. Fiscal Reports: Within thirty (30) business days after the event, a summary of expenses, revenues, and estimated attendance signed by the executive director and the chairperson of the user group's board must be submitted to the County Administrator or his designee. In addition, the user group shall submit fully executed copies of any agreements that user group has obtained in connection with the event between the user group and MiLB and any other vendor or provider of food and merchandise concessions, beverages, and other items associated with the event.

M. No County Funding: County contribution is use of the Stadium on the date or dates requested by the user group. No County funding of any nature whatsoever, cash or in-kind, will be provided.

N. Permits: Any and all required permits and licenses and associated costs for use based on the Indian River County Code of Ordinances, Health Department or any other regulatory authorities are the sole responsibility of the user group. Proof of permits must be provided no later than thirty (30) calendar days prior to the reque·sted use date to the County Administrator or his designee. Failure to provide proof of required permits authorizes the County to remedy the situation including up to termination of the requested use. Any- expenses incurred by the user group associated with the use of the stadium facilities prior to the time of termination of the requested use pursuant to this paragraph are the sole responsibility of the user group.

0. Cancellation of event The County, in a declared emergency, may cancel the event at its sole discretion. If the user group proposes to cancel the use after the County Commission has approved the application and reserved the date(s), the user group must notify the County Administrator or his designee and MiLB in writing as soon as possible prior to the scheduled date of use.

P. Discretion The County Administrator shall have discretion to waive any procedural, time period or other such requirement of the Use Guidelines when he/she determines that such waiver is in the best interests of the County.

Q. Remedies Failure of the user group to comply with the terms of the agreement authorizes the County to cancel the event up to the date of the scheduled event, and may prohibit the use of the Stadium by the user group for future events at the sole discretion of the County.

4 87 ATTACHMENT 1

Section 6.04. The County's Use of Holman Stadium and the Practice Fields:

The County shall have the right to use Holman Stadium and/or the practice fields, for up to ten (10) days per Lease Year, together with any use associated with the community's annual "Harvest Festival" each year, at no charge to the County (other than reimbursing MiLB for any operating expenses incurred by MiLB as a result of the County's use of Holman Stadium and/or the practice fields). The dates during which the County may use Holman Stadium and/or the practice fields shall be selected by mutual agreement of the parties; provided that, if the parties cannot agree on the dates, MiLB's reasonable selection of dates shall be final and controlling. Provided, however, that MiLB will defer to the County and cooperate in scheduling and making the Facility available for the community's annual "Harvest Festival." The County may use Holman Stadium and/or the practice fields only for functions which do not directly compete with revenue­ generating events which have been otherwise arranged by MiLB. Moreover, the County's use of Holman Stadium and/or the practice fields must not interfere in any way with MiLB's use and quiet enjoyment of the Facility. The County shall not use or authorize the use of Holman Stadium and/or the practice fields in any manner which would have a material detrimental impact on Holman Stadium and/or the practice fields, and the County shall be and remain solely responsible for any damage or destruction to Holman Stadium and/or the practice fields by the County or its assignee. The County, or its assignee, shall be entitled to. retain the revenues from ticket sales for its- events, and concessions sold during the events when Holman Stadium and/or the practice fields are utilized by the County; provided, however, that although MiLB covenants to cooperate with the County in such endeavors, MiLB shall not be required to provide concession management services and/or any other related services during any County event. In all cases, MiLB shall be reimbursed by the County for any operating costs and expenses incurred by MiLB as a result of the County's use of Holman Stadium and/or the practice fields, including, but not limited to, the cost of any parking attendants, ticket takers, security personnel, clean-up crews, and the like provided by MiLB. Prior to using Holman Stadium and/or the practice fields as provided herein, the County shall cause MiLB to be named as an additional insured on the County's general liability insurance policy and shall deliver to MiLB a certificate of insurance which verifies the existence of the policy and the fact that MiLB is named as an additional insured. Lease Year means a twelve-month period commencing on May 1st of any calendar year of the Term hereof and ending on April 30 th of the following calendar year; provided, however, that the first Lease Year shall commence as of the Effective Date and end on the First April 30th following the Effective Date.

1

88 EXHIBIT2

INSURANCE REQUIREMENTS

Commercial General Liability wilh minimum combined single limit of $1,000,000 per occurrence for bodily injury and properly damage to ihdude coverage for premises/operalions, products/compleled operalions, tohlratlual liability and independenl conlractors. Workers' compensalion lo meet slatutory limits in compliance witl1 the Workers' Compensalion law of Ftoricfc1 and Employer's Liability of $100,000 for each accident, $500,000 disease (policy limits) and $100,000 disease (each employee). Business Auto Liability (if vehicles are involved) with $1,000,000 combined single limit per occurrence coverage for bodily injury and properly damage. Indian River County is to be an addHional insu,recl lo( CGL and BAL. MiLB will also be named as a1i additional insured on lhese policies.

89 Bill Debraal ll:ll-.la!'4illl\l~llfrul~~~~~l'P~fll\!ltll-.9!&lll;~~-MMl'l-~l From: Bill Debraal Sent: Thursday, July 07, 20111:36 PM To: Michael Zito Cc: Jill Krebs Subject: Use of Holman Stadium

Michael:

The Indian River County Bar Association (IRCBA) would respectfully request the use of Holman Stadium on July 30 from .G-10 pm for a charity softball game. between members of the local bar association and local doctors. The "Sawbones vs. Jawbones" sortball game has not been played in the past few years but the game used to be an annual event and the local doctors and lawyers are trying to revive the event. The IRCBA is a 503(c) (3) not for profit corporation. Funds raised for this event will be donated to the United Way of Indian River County.

Since this is a charity event with proceeds benefiting local charities, we would ask that the $10,000 security deposit be waived. We would seek permission to sell concessions and beer at the game, which would be provided by the IRCBA. An insurance certificate naming the County, the City and MiLB will be submitted with the application.

Should you need any additional information or have any questions, please contact me.

Bill DeBraal Indian River County Bar Association Member, Board of Directors 772-226-1426

----~

1 90 /DAJ- Public Hearing (Legislative)

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES BOARD MEMORANDUM

DATE: Julyll, 2011

TO: Joseph A. Baird County Administratov

FROM: W. Erik Olson ~"' Director of Utility Services

PREPARED AND Michael C. Hotchkiss ffe /j STAFFED BY: Capital Projects Manager of Utilities Services

SUBJECT: REQUEST FOR AUTHORIZATION FOR THE UTILITY SERVICES DIRECTOR TO SUBMIT AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE NEIGHBORHOOD REVITALIZATION CATEGORY AND REQUEST FOR AUTHORIZATION TO PROCEED WITH CONSULTANT SELECTION PROCESS

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of July 19,201 I.

BACKGROUND

The Community Development Block Grant (CDBG) cycle closes on August 15,2011. To submit a CDBG application for the 2011 cycle, the county must take several actions, including choosing a CDBG application category, holding two public hearings, holding a fair housing workshop and holding a CATF meeting.

On July 5, 2011, the Board of County Commissioners (BCC) took the first step in submitting a CDBG application in the 2011 cycle by conducting a Fair Housing Workshop and holding the 1st Public Hearing to consider applying for a CDBG. At that time, the BCC discussed several potential types of CDBG applications that the County could apply for.

After discussion, the BCC directed staff to proceed with the Community Development Block Grant (CDBG) application process .. F:\Utilities\UTILITY • Engineering\Projects • Utility Construction Pennits\lRC - West Wabasso Community Gravity Sewer System• UCP 4078\CDBG Grant Files\2nd Public Hearing\bcc agenda item - 2nd public hearing • West Wabasso Sewer Project.doc I

91 DESCRIPTION AND CONDITIONS

CDBG Program

Under the CDBG program, there are four grant categories from which Indian River County may apply for funds. These categories are: commercial revitalization, housing rehabilitation, neighborhood revitalization, and economic development. Based on the existing program rules, Indian River County may choose to apply for a grant in the commercial revitalization category, the housing rehabilitation category, or the neighborhood revitalization category. If awarded a grant in one of those three categories, the county may not apply for another grant in any of those three categories until the awarded grant is closed.

These grants are awarded to communities on a competitive basis. For the 2011 cycle, grant applications must be submitted to the Department of Community Affairs (DCA) no later than August 15, 20.1 L Attachment 2 is a breakdown of the scoring system used by DCA to rank Neighborhood Revitalization grant applications. As indicated, the maximum number of points a community can receive on an application is 1,000 points.

While Neighborhood Revitalization Community Development Block Grants, are primarily for potable water and sanitary sewer installation or replacement (including hook-ups), street paving, fire protection (including construction of fire stations) and drainage improvements in low/moderate income neighborhoods, commercial revitalization grants focus on commercial areas. The Third type of activity is the housing rehabilitation category that involves rehabilitation of residential structures. Other public improvements to infrastructure are also eligible, but are seldom funded.

A fourth CDBG category, the economic development grant category, is independent of the other three categories. In the same fiscal year that Indian River County applies for a grant in one of the first three categories, the county may also choose to apply for funds in the economic development category. Even iflndian River County has an open commercial revitalization, housing rehabilitation, or neighborhood revitalization grant, an economic development CDBG application may still be submitted to DCA for consideration.

ANALYSIS

CDBG Application

After assessing community needs, County staff determined that the West Wabasso Sewer Installation project would be the best CDBG considerable. This is due to the fact that this particular project is the most ready to proceed and the fact that the County can get the maximum number of points for this project in the competitive scoring of the grant application. In the case of the West Wabasso Sewer Installation project, plans for Sewer Improvements are nearly complete. F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - West Wabasso Community Gravity Sewer System - UCP 4078\CDBG Grant Files\2nd Public Hearing\bcc agenda item - 2nd public hearing - West Wabasso Sewer Project.doc 2

92 Recently, county staff and Guardian Community Resource Management, Inc., the county's last CDBG consultant, prepared the proposed Neighborhood Revitalization CDBG application. A copy of the application is on file in the Board of County Commissioners office. As drafted, the CDBG application requests approval of a $750,000 grant for the proposed West Wabasso Sewer Installation and Drainage Improvements. Table 1 lists the proposed activities for which the grant funds will be used. There is no County funding requirement to match the Grant to receive funds for this project.

Table 1: Proposed Activities

Activity Budget (Approximately)

Installation of Sewer Collection $670,000 System Drainage Improvements $20,000

Engineering $0

Administration $60,000

TOTAL CDBG BUDGET $750,000 Project Area

• The West Wabasso Sewer Installation and Drainage Improvements are proposed to be located on the north side of CR 510, west of 64th Avenue.

• Readiness to Proceed

• Because the West Wabasso Sewer Installation and Drainage Improvements plans have already been developed, the County gains 100 readiness to proceed points in the grant application.

CDBG Citizen Advisory Task Force (CATF)

On July 12, 2011, the CDBG Citizen Advisory Task Force met to evaluate potential CDBG projects and to make sure a recommendation to the Board of County Commissioners as to which category to submit a CDBG application. At that meeting the CATF voted to recommend that the BCC submit a CDBG application in the Neighborhood Revitalization Category.

Consultant Services

Guardian Community Resource Management, Inc. has prepared the grant application at no charge to the County. If the County is successful in obtaining a neighborhood Revitalization CDBG, the county will need to initiate a competitive process to hire a consultant to manage the program. That F:\Utilities\UTILITY • Engineering\Projects • Utility Construction Permits\IRC • West Wabasso Community Gravity Sewer System• UCP 4078\CDBG Grant Files\2nd Public Hearing\bcc agenda item• 2nd public hearing • West Wabasso Sewer Project.doc 3

93 consultant may or may not be Guardian Community Resource Management, Inc. Payment for administration of the grant will come directly from the CDBG.

ALTERNATIVES

With respect to the proposed Neighborhood Revitalizatipn CDBG application, the Board of County Commissioners has three alternatives. These are:

I. To approve the application as proposed; or 2. To approve the proposed application with changes; or 3. To reject the proposed application.

Staff supports either alternatives I or 2.

RECOMMENDATION

Staff recommends that the Board of County Commissioners:

• Open the public hearing; • Obtain public input on the application; • Approve the proposed application; • Approve the attached resolution to: • Authorize the Department of Utility Services Director to submit the application to the Florida Department of Community Affairs for their consideration; • Authorize the Department of Utility Services Director to submit any additional information and sign subsequent forms as needed; and • Authorize the Department of Utility Services Director to issue an RFP to hire a consultant to administer the grant if the grant is awarded.

Attachment(s)

I.) Location and service area maps for proposed West Wabasso Sewer Installation and Drainage Improvements 2.) Maximum Available Points - 2011 CDBG Neighborhood Revitalization Category application cycle 3.) Proposed Neighborhood Revitalization CDBG application will be available at the Board of County Commissioners office prior to the July 19, 2011 Board of County Commissioners meeting. 4.) CDBG application authorization resolution 5.) CDBG application project synopsis 6.) Indian River County Budget Office Grant Form

F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - West Wabasso Community Gravity Sewer System - UCP 4078\CDBG Grant Files\2nd Public Hearing\bcc agenda item - 2nd public hearing - West Wabasso Sewer Project.doc 4

94 APPROVED FOR AGENDA:

Indian River Co. Approved Date

Admin. Legal Budget Dept. FoR: _____:,Q~M'-'l.e:..e:"1...,,____L_;..J_q)-----=,;2=01'----'--1__ _ 7 0 Date

F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\lRC - West Wabasso Community Gravity Sewer System - UCP 4078\CDBG Grant Files\2nd Public Hearing\bcc agenda item - 2nd public hearing - West Wabasso Sewer Project.doc s

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Service Area Connect_to_Sewer, Yes No

0 20' 40 •-==Feet 1 in =.40 ft

Date:7/8/2011 Page 12of15 ...... N ' ,,f£i, ,.j'~I '{,..ii;-...,.. A -~~,~ SERVICE AREA MAP PROPOSED WEST WABASSO ' GRAVITY SEWER PROJECT GRID MAP

Legend Ill LiftStation @ Standard --Domestic - - - · Force - Collector

Address Points DEV_STATUS • \), SF • D,MF • D,COM * u Service Area Connect_to,:,Sewer Yes No

0 20 40 --==Feet' 1 in =40 .ft

Dale:·7/8/201f ,Page,13of"15 ...... N> 'N A

SERVICE AREA MAP PROPOSED WEST WABASSO GRAVITY SEWER PROJECT GRID MAP

Legend

11111 LiftStation @ Standard --Domestic ---·Force - Collector

Jl;ddress Points DEV_STATUS

D 0 SF • D,MF • D-COM (I) u

Service Area Connect_to_Sewer Yes No

0 20. 40 •-==Fe.et 1 in= 40 ft

Date':·'lis/2011 Page 14'9f.151, ...... w N (f?ii..... ~.,\ ·r:'\tt~y ,J A

SERVICE AREA MAP PROPOSED WEST WABASSO 11 GRAVITY SEWER PROJECT GRID MAP .

Le.s_end

[g LiftStation @ Standard -·- Domestic - - - · Force - CoU~ctor

Address Points DEV_STATUS D-SF • D- MF • D-COM •Cl> u

Service Area , Connect_to_Sewer' Yes No

0 20 40 Fe.et 1 in =.40 ft

Date: 7!812011 Page 15of15 ...... ~ INDIAN RIVER COUNTY 2011 CDBG APPLICATION CYCLE NEIGHBORHOOD REVITALIZATION CATEGORY PRE-APPLICATION SCORE (PENDING INCOME SURVEY & BOCC APPROVAL)

MAXIMUM AMOUNT THE COUNTY CANAPPLY FOR$ 750,000.00

Item Available Indian River Points County

I. Community Wide Needs Score 250.00 52.41

2. Grant History Score 100.00 0.00

3. Special Designation Score 20.00 0.00

4. County Employment (10.56%) 60.00 56.07

5. MBE Contract Last CDBG 25.00 5.00

6. Fair Housing 15.00 15.00

7. Leverage ($125,000.00) 25.00 25.00

8. Activity Goals 50.00 50.00

9. VLI Benefit Percentage (30.0%) 30.00 30.00

10. LMI Benefit Percentage (62.5%) 135.00 135.00

11. Cost per Unduplicated Beneficiary 40.00 40.00

12. Cost per LMI Household 100.00 100.00

(Need minimum of 84 LMI families)

13. Readiness to Proceed 100.00 100.00

14. Health and Safety 50.00

Total 1000.00 630.48

115 Project Narrative (Form G-2} The information below must be included in the project narrative: 1. Applications proposing more than one activity or service area must include a narrative for each activity and/or service area.

The proposed CDBG project consists of the following met need activities, inclusive of SHIP leverage for hook-ups and related fees and septic abandonment:

As part of the overall West Wabasso Sewer Improvements Plan Phase I project, CDBG funds will be used for improvements associated with Sanitary Sewer. While a portion of the West Wabasso Sewer neighborhood is served by sewer lines, there are some street_s lacking sewers.

Service Area 1: New Sewer Hookups (Met Needs Leverage) (641h Avenue, SG' h Street & SG' h Lane) (29 HU) {funded by SHIP not CDBG)

1. Install new sewer hookups to LMI households along 64th Ave., from CR 510 to a lift station located at 8630 54th Ave. 2. Install new sewer hookups along 64th Ave. from CT 510 to a lift station located in the 8700 block of 54th Ave. 3. Install new sewer hookups along 86th St. from 65 th St. to 641h Ave. 4. Install new sewer hookups along 86th Lane from 65 th Street. to 64th Ave.

Service Area 1: New Sanitary Sewer Lines {Met Needs CDBG) {641h Avenue, SG'h Street & SG'h Lane) {4,000 LF) The sanitary sewer improvements more specifically will include installation of sewer lines in the following locations:

1. Install new lift station in the 8700 block of 64th Ave. 2. Install manholes and about 2,000 LF of 8" gravity sewer along 64th Avenue from CR 510 to lift station located in the 8700 block of 54th Avenue. 3. Install manholes and about 1,000 LF of 8" gravity sewer along 86th Lane from 64th Avenue to 65 th Drive. 4. Install manholes and about 1,000 LF of 8" gravity sewer along 86th Street from 54th Avenue to 55 th Drive. 5. Restoration of pavement, sidewalks, swales, private property and ditches that are impacted as a result of sewer line installation

Service Area 1: Drainage Improvements 6436 -861h Lane {Met Needs CDBG) (1 EA) The storm sewer improvements more specifically will include dredging of outfall canal at the following locations:

1. Dredge outfall canal at 6436 -861h Lane and all points downstream.

2. For addressed and unaddressed needs, a narrative description of each proposed activity must include the following information:

• Activity description, including the need being met • Explanation of the need for CDBG funding • Proposed construction start and completion dates

...... en • Quantity and location of activity within the service area • Cost of the activity • How the activity meets a national objective • Purpose of the activity (if not readily apparent); and • Beneficiaries (Total, VU and LMI) of the activities.

The followinJ: matrix jlrovides additional information about the CDBG funded activities. Met Needs Activity Need Start/End Dates Location Quantity CDBG Funds Leverage National Obj. Beneficiaries Service Area About 4,000 linear feet of Design by 9/11 Install new sewer mains1 29 HU $670,000.00 $0 Benefit to low Total -70 #1: sewer main and and laterals and hookups along and moderate VLl-20 New Sewer th th th appurtenances. construction by 64 Ave., 86 Lane, 35 income HH LMl-40 Mains th th a 9/12 Street, 65 Drive, 55 Court, Over-10 th th 54 Drive, and 54 Court. 29 HH

Service Area To improve storm-water Design by 9/11 Improve storm water 50 HU $20,000.00 $0 Benefit to low Total-100 #1: conveyance in and conveyance from and moderate Vll -40 Drainage neighborhood. construction by neighborhood. income HH LMI -40 lmproveme 9/12 Over- 20 nts

Service Area Connections from lateral Design by 9/11 Hook-ups for income eligible 29 HU $0 $125,000 Benefit to low Total-70 #1 Hook-ups to HH and related fees, and units SHIP funds and moderate VLl-20 septic abandonment construction by income HH LMl-40 (local leverage) 9/12 Over-10 29 HH After funding is in place, the project design will be finalized Total Sewer Construction $670,000.00 and put out for Public Bids. Bid award should occur about Total Drainage Improvements $20,000.00 30 days after bids are opened and construction should Administration $60,000 commence within 60 days after that. Construction should Engineering iQ take about 9 months to complete and be operational. CDBG GrantTotal $750,000

Future Needs: TBD I I I I I I I I

__., __., -.J 3. Describe all activities to be undertaken and the projected cost, without regard to the funding source or whether such funding will be counted for leverage. The following table shows the total project cost for each activity.

Activity CDBG Leveraged Other Total Project Cost Funds funds

Sewer Mains $508,000.00 0 0 $508,000.00

Lift Station $130,000.00 0 0 $130,000.00 Sewer Hook Ups $32,000.00 0 0 $32,000.00 Drainage Improvements $20,000.00 0 0 $20,000.00 Construction Subtotal $690,000.00 0 0 $690,000.00 Engineering $0 0 0 $0 Grant Administration ~60,000.00 0 0 60,000.00 Total CDBG Budget $750,000 0 0 $750,000.00 SHIP Hook-Ups and Related Cost n/a $125,000 0 $125,000.00

4. Describe any activities in which a portion of the construction will occur outside of the applicant's jurisdiction.

None.

5. Describe any impact that proposed DOT or county road construction will have on the proposed CDBG funded activity.

No impacts on DOT or county road construction are anticipated. However, any paving that is removed to install the water and sewer lines will need to be restored to their original condition.

6. Specify whether any portion of the project area is located in a flood-prone area and whether the local government participates in the National Flood Insurance Program.

The project is located above the 100 year flood plain. Indian River County participates in the National Flood Insurance Program. Work is limited to utilities and related repairs within the improved R/W and no impact to any FIRM flood plain is expected. - -00 7. If complementary activities are being undertaken, explain how they relate to the project.

Any paving, landscaping, sidewalks or drainage improvements that are removed to install the sewer lines will need to be restored to their original condition.

8. If funds from other sources are being "leveraged," describe how the funds will be used (what they will pay for, etc.).

SHIP funds will be used for sewer hook-ups and related costs.

9. If the removal of public building architectural barriers to handicapped persons is being paid for with CDBG funds, identify:

• The location and function of each building and The barriers to be removed in each building • How the expenditure of CDBG funds will resolve the problem

Not Applicable

10. If using a survey that was completed for a previous CDBG project, state the sub-grant number and year the survey was conducted.

Not Applicable

...... c.o RESOLUTION NO. 2011 - __

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE UTILITY SERVICES DIRECTOR TO SUBMIT AN APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR A NEIGHBORHOOD REVITALIZATION SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT FOR FEDERAL FISCAL YEAR 2011, AND TO AUTHORIZE THE EXPENDITURE OF THE LOCAL FIRMS (STATE HOUSING INTIATIVES P ARTNERSIDPS(SHIP)) ON CDBG ELIGIBLE ACTIVITIES AS LEVERAGE FOR THE 2011 CDBG NEIGBORHOOD REVITALIZATION APPLICATION.

WHEREAS, it is the desire of the Indian River County Board of County Commissioners to submit an application to the Florida Department of Community Affairs for a Small Cities Community Development Block Grant in the Neighborhood Revitalization category to benefit persons of low and moderate income;

WHEREAS, the proposed Community Development Block Grant (CDBG) application is consistent with the Indian River County Comprehensive Plan; and

WHEREAS, construction of a West Wabasso Sewer / Drainage Project serves low and moderate income beneficiaries; and

WHEREAS, it is desirable to assist in the scoring of the County's 2011 CDBG Neighborhood Revitalization application to increase it's competitiveness and expand the scope of that grant to benefit the Citizens of Indian River County.

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

SECTION 1. The Board of County Commissioners hereby directs the County Clerk to execute all necessary certifications for the Community Developmeut Block Grant application to be submitted on or before August 15, 2011.

120 SECTION 2. The Board of County Commissioners directs the Utility Services Director to execute and submit an application to the Florida Department of Community Affairs for State approval.

SECTION 3. The Board of County Commissioners authorizes and directs the Utility Services Director to submit additional information in a timely manner as may be required by the Florida Department of Community Affairs. Attachment 4

SECTION 4. The Board of County Commissioners authorizes the Utility Services Director to sign any subsequent forms as needed for the CDBG application and project.

SECTION 5. The Indian River County Comprehensive Plan is hereby adopted as the County's Community Development Plan.

SECTION 6. The Board of County Commissioners does hereby commit to spend $125,000.00 in local SHIP funds on CDBF eligible activities identified in the Indian River County 2011 CDBG NR application as local government leverage in accordance with the applicable rules and guidelines as set for the by the department of Community Affairs, subject to grant award to the County.

SECTION 7 The Board of County Commissioners does herby commit to expend all local government leverage funds between the time of site visit and the time of administrative close-out for said application, in accordance with applicable rules and guidelines as set forth by the Department of Community Affairs.

SECTION 8. This Resolution shall take effect immediately upon its passage.

2 121 The foregoing resolution was offered by Commissioner ______, and seconded by Commissioner ______, and being put to vote, the vote was as follows:

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

The Chairman thereupon declared the resolution duly passed and adopted this 19th day of July, 2011.

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

BY ______Bob Solari, Chairman BCC Approved: July 19,201 I

ATTEST BY: ______Date: ______

Jeffrey K. Barton, Clerk

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

By:~4~ Date: ______Alanis. Polackwich, Sr. CoJity Attorney

3 122 GRANT NAME: West Wabasso Sewer Installation and Drainage Improvements GRANT#

AMOUNT OF GRANT: $750,000.00

DEPARTMENT RECEIVING GRANT: ---=D--'e-"p=artc=m=en""t--'o"-f-=Uc:ti=li"'tyc..cS=-ceccrv-"i""c.cces'------

CONTACTPERSON:_~M.,,,,ic~h&ae~l~C=•dH~o~tc~h~k~is~s ______TELEPHONE: 772-226-1821

1. How long is the grant for?------Two Years Starting Date: April, 2012 2. Does the grant require you to fund this function after the grant is over? ____Yes X No

3. Does the grant require a match? ____Yes X No If yes, does the grant allow the match to be In-Kind services? ----Yes ---No 4. Percentage of match to grant ---~0~-----=%

6. Where are the matching funds coming from (i.e. In-Kind Services; Reserve for Contingency)? NIA

7. Does the grant cover capital costs or start-up costs? X Yes ___N.o Ifno, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs)

8. Are you adding any additional positions utilizing the grant funds? ____Yes X No If yes, please list. (If additional space is needed, please attach a schedule.)

Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement - Contributions 012.13 Insurance - Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL

9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating?

Salary and Benefits Operating Costs Capital Total Costs

10. What is the estimated cost of the grant to the county over five years?

f.,>t/.•.·······•···•. Grant Amount Other Match Costs Not Covered Match Total First Year $ 750.000.00 $ 0 $ 0 $ 750,000.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ , ,, $ I' / / / $ $ 1/,,_ ll C , {/1,... : ,✓- Signatu re of Preparer: tfl.._. ,,u. "- . Date: 7-((-1( ~ 123 /DBL INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office,

PUBLIC DISCUSSION INFORMATION

Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action

Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission

NAME OF INDIVIDUAL OR ORGANIZATION: Fred Mensing

th ADDRESS: 7580 129 Street, Sebastian, Fl PHONE: 772-532-6035

1) County Commissioners having or not having full time staff SUBJECT MATTER FOR DISCUSSION: assistant 2) Permit & License on 60' R/W prior to work being performed by C. N. Kirrie

IS A PRESENTATION PLANNED? .• YES ~NO

IS BACK-UP BEING PROVIDED DYES ~NO

IS THIS AN APPEAL OF.A DECISION EJYES • 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?

Transmitted to Administrator Via: Interactive Web Form E-Mail _x_ Fax Mail MEETING DATE: Hand Delivered Phone F:\Cmmty Admin\ExecAsst\AGENDA\Fub!ic Discussion Items Fann.doc Board Approved J ln/06

124 LO\\

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!0 39\ld 9NISN3W ot>9068SGLL t>e :e0 · n0u901t0 12 5 DEPARTMENTAL /lHL

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services / Recreation Division

Date: July 8, 2011

To: The Honorable Board of County Commissioners

Thru: Joseph A. Baird, County Administrator

From: Michael C. Zito, Assistant County Administrator-#-

Subject: Authorization To Issue Request For Qualifications For The South County Regional Park Multi-Purpose Athletic Field Expansion Project

DESCRIPTION AND CONDITIONS:

South County Regional Park opened in 1992 and is located at 800 20th Avenue SW. Phase II was completed in 2001. The Park now features 4 competitive baseball/softball fields with concession stand, press box, restrooms, 2 practice diamonds, 2 tennis courts, 2 basketball courts, and playground including a play center, swing sets, picnic tables with pavilion and open green space for. outdoors sports. In 1992, as part of Phase I of the Park Master Plan, approximately 10 acres on the south side of the park were graded for 4 multipurpose athletic fields which have since served the community as active recreational green space. Growth within the County has now led to increased demand for utilization of the green space area to accommodate youth football and lacrosse programs and tournaments. The Indian River County Parks and Recreation Department is proposing a South County Regional Park Multi-Purpose Athletic Field Expansion Project. The project would consist of improving the green space area to construct 3 multi-purpose athletic fields surrounded by a walking trail in the location depicted by the attached preliminary design aerial photo (See Attachment 1).

ANALYSIS: As currently developed, South County Park recreational programming and tournament play is limited to baseball and softball. Over the past several years, organized competitive lacrosse has become the County's fastest growing sport while the growth and development of youth football has been limited only by the need for additional facilities. The footprint of the existing Master Plan for South County Park has several acres of green space that would be ideal for development of 3 multipurpose fields to accommodate the growing demand for lacrosse and youth football facilities.

According to a 2010 article appearing on the Gainesville Sun's Gator Sports.Com, lacrosse is now one of the fastest-growing women's sports in the United States. Between 2001-2009, the number of teams grew 127.3 percent at the high school level with more than 64,000 girls now participating in the sport. The University of Florida Gators premiered the Women's Lacrosse program as recently as February of 2010. The number of collegiate programs grew 49.8 percent between 1998 and 2008, trailing only golf (56.8 percent) as the fastest growing women's sport at the NCAA level.

Here in Indian River County, the success of the Vero Beach High School Girls Lacrosse Team winning its 6th consecutive State Championship has further ignited local interest in the sport leading

F:\Assistant County Administrator\AGENDA ITEMS\2011\07 JUL 2011\BCC Memo South County Park Multi-Purpose Field Expansion Project.doc 126 to increased demand for practice and tournament facilities. In addition to local lacrosse clubs attracting year round showcase tournaments, the Vero Beach Sports Village is currently hosting the 2011 Boy's Nike Lacrosse camp attracting many young players to improve their fundamental skills.

According to the Recreation and Open Space element of the County's Comprehensive Plan, user based facilities such as South County Park can usually be located in areas of high demand, as long as sites with sufficient size are available. Growth within the County is consistent with the increased demand to add recreational facilities to accommodate youth football and lacrosse.

The proposed facility expansion project would be procured by issuing a Request For Qualifications to design build the athletic fields and walking trail. The Engineering Division of Public Works would be tasked to generate a scope of work to include site preparation, irrigation, turf specifications, lighting, fencing, and bleachers along with providing an analysis of parking, restroom and concession needs. Based upon a review of recent projects in neighboring counties, the cost of this project including design and construction of the walking trail is estimated to range from $1,400,000 to $1,600,000, however, specific pricing and qualitative options unique to this particular site will be revealed by the competitive bidding process subject to Board review and approval at a later date.

FUNDING:

Funding for design and construction of the project is available from Recreation and Parks Impact Fees. Operational costs will initially be funded out of the Parks Division of the General Fund. Maintenance of the grounds at South County Park is currently performed by the Parks Division, however, the proposed facility once improved will also be attractive to a public private partnership under a lease maintenance agreement.

Account Information County Impact Fees / Parks / South County Acct: # I 032 I 072-066510-11006 Park Multi-Pnrnose Fields

RECOMMENDATION: Staff recommends that the Board authorize the issuance of a Request For Qualifications to design build 3 multi-purpose athletic fields and walking trail at South County Regional Park.

ATTACHMENTS: 1. Aerial Photo showing conceptual layout.

Indian River Count

For: ----'J,_,u,,_ly,__..l"'-'9,,_,2~0'--'1'""1 ______

F:\Assistant County AdministratoMGENDA ITEMS\2011\07 JUL 2011\BCC Memo South County Park Multi-Purpose Field Expansion Project.doc 127 NOTE: AERIAL PHOTOGRAPH TAKEN FROM DIGITAL ORTHOPHOTOS COVERING GRAPttlC SCALE INDIAN RIVER COUNTI, FLORIDA, TILE NUMBER 78836, 78837, AS PROVIDED FROM FLORIDA DEPARTMENT OF TRANSPORTATION, PUBLICATION DATE MAY 11, 2009. ~ LY i r ~ IMAGERY WAS ACQUIRED ON NOVEMBER 18, 2008 ANO DECEMBER 30, 2008. ci.·mTl '""".""' n.

'l ! f I I ! II ! i i ii 'I fl

No, I Rovio;o" ,-. o\TO 7-lJ-ff ~w INDIAN RIVER COUNTY TOWNSHIP £XHIBIT 1 MO 25th STREET Deporl'menf of Pub/le Works VERO BEACK , fL J2960 1:.ngmefJnng Division SOUTH COUNTY R£GIONAL PARK · 12) ss7-aooo @ .,, 8716 Y., ""'""'I¥' - __.. N) 00 J3A Informational Item- B.C.C. 07.19.11 0/foeif INDIAN RIVER COUNTY ATTORNEY

Alan S. Polackwich, Sr., County Attorney Wtlliam K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

MEMORANDUM

TO: Board of County Commissioners

FROM: Alan S. Polackwich, Sr., County Attome~\?

DATE: July 8, 2011

SUBJECT: Outside legal expenses in FVP Miami Lakes LLC v. Indian River County

You will recall that we hired the local firm of Murphy & Walker to defend us in this impact fee refund case. The Board asked to be kept advised of the fees/expenses incurred. We just received our first bill for services from May 9 through June 28 in the total amount of $3,591.

Indian River Co. A"'"' ved Date APPROVED FOR JULY 19, 2011 Administration B.C.C.MEETING--;JNF 'ATJ, ITEM ~ I '7 }JJ./} II County Attorney / -' .-, I?<(/ Budget "i" 7/,-,/,, e-S: Department ~-1 I ....1,.... COUNTY Risk Management ---= --- "--

F:\A11orney\Li11da\OENERALl,8 C CIAgenda MemoslFVP Lawsuit (Alty Fees & Expenses) Of.doc 129 13B Attorney's Matters - B.C.C. 07.19.11 0/fia!of INDIAN RIVER COUNTY ATTORNEY

Alan S. Polackwich, Sr., Connty Attorney William K. DeBraal, Deputy Connty Attorney Brooke W. Odom, Assistant Connty Attorney

MEMORANDUM

TO: Board of County Commissioners 4s.c FROM: Alan S. Polackwich, Sr., County Attorney

DATE: July 12, 2011

SUBJECT: Hiring of Special Utility Counsel (Including Appraisal Services) Relating to Possible Acquisition of City of Vero Beach Water/Sewer System

BACKGROUND.

On April 29, 2011, the Board of County Commissioners (5-0) and the City of Vero Beach City Council (4-1) voted to move forward with the possible acquisition of the city's water and sewer system by the county. Pursuant to that vote, the County Attorney, working with county utility staff, prepared a "starting point" purchase and sale agreement which was forwarded to the city on June 30, 2011.

Meanwhile, the city has hired two outside consultants to assist in analyzing its side of the transaction: (1) Thomas Cloud of the law firm of Gray Robinson, and (2) Gerry Hartman of GA! Consultants, who will perform an optimization analysis and a valuation of the city's water and sewer system. County staff anticipates that Mr. Hartman will produce a very high valuation which, if not effectively challenged, could jeopardize the transaction. Thus, staff believes that the county should hire its own legal and valuation experts, so that the positions taken by Mr. Cloud and Mr. Hartman can be effectively analyzed.

Indian River Co. A•oroved Date APPROVED FORAITORNEYS MAITERS Administration ~ 7/1,f/J) B.C.C.ME ~ Countv Attomev " r= 1·-z-1,.11 Budget ( M•~ I _;,/p I II Deoamnent I \l'I '-: t--eL 1-7 ,,-:,_ Risk Management --- -- " 130 Board ofCounty Commissioners July 12, 2011 Page Two

Staff recommends the hiring of the law firm of Nabors, Giblin & Nickerson which, in turn, will hire the appraisal/valuation firm of Raftelis Financial Consultants. The Nabors law firm, which has represented the county from time to time in the past, is based in Tallahassee and has extensive experience representing counties in utility acquisitions. The Raftelis firm is based in Orlando and also has extensive experience representing counties in utility acquisitions. The Nabors law firm has prepared a proposed engagement letter limiting the total fees of both firms to $50,000, without further Board approval. A copy of the proposed letter is attached.

It should be noted that on September 7, 2010, the Board hired the law firm of Messer Caparello & Self, P.A. to assist in electric and water/sewer issues. That firm has performed well and at reasonable cost to the county. Staff believes, however, that the Nabors/Raftelis combination has greater experience specifically in acquisitions, and will be able to more effectively analyze the positions taken by the city's consultants.

FUNDING.

Funding for this item will come from the Utility Enterprise Fund.

RECOMMENDATION.

County staff, including the County Attorney, recommends that the Board consider and approve the proposed engagement letter which will be delivered to Board members as soon as it is received from the Nabors law firm.

ASP:LAC

F:IA11orneyllinda\GENERAL\B C CIAgenda MemoslUtillties (Outside Ally.I" Emplaymt) OJ.doc

131 FORT LAUDERDALE 208 S.E. Sixth Street F1Jrt Lauderdale, Florida 33301 TALLAHASSEE Nabors (954) 525-8000 Tel Sulte200 (954) 525-.8::131 Fax 1500 M8han Drive Tallahassee, Florida 32308 {850) 224-4070 Tel Giblin& TAMPA (850) 224-4073 Fax Suite 1060 NickersonP.A. 2502 Rocky Point Drive Tampa, Florida 33607 A f T O R N E Y S A T L.A W (813) 281-2222 Tel (Bi3) 28i-Oi29 Fax July 13, 2011

Via Electronic Transmission and Overnight Delivery

Alan S. Polackwich, Sr. County Attorney Indian River County 1801 -- 27th Street Vero Beach, Florida 32960

Re: Special Utility Counsel

Dear Alan:

This letter is written pursuant to our telephone conversation to document the scope and terms for our engagement as special utility counsel to Indian River County (the "County") in the potential acquisition of the utility assets owned by the City of Vero Beach (the "City").

It is my understanding that the concept of such utility acquisition has been approved by both the County Commission and the City Council. It is my further understanding that the acquisition would also include utility assets which may be owned by the City and currently utilized to serve customers within the Town of Indian River Shores pursuant to an existing franchise agreement.

It is contemplated that such Special Utility Counsel services would include the following:

1. Direction on and supervision of a feasibility analysis for the purchase of the utility assets owned by the City consistent with acceptable methodologies. Such analysis would include appraisal analysis and methodologies. In this regard, we propose to utilize Raftelis Financial Consultants, Inc. ("Raftelis") to assist us.

2. Evaluate valuation and appraisal methodologies used by the City and their impact on the existing County utility rate structure. In this regard, we may also rely upon the utility appraisal expertise of Raftelis and the engineering judgment of the County Utility Engineer.

132 Alan S. Polackwich, Sr. July 13, 2011 Page2

3. Additionally, should a purchase be feasible, we expect to:

(a) Utilize, where necessary, the County Utility Engineer to perform engineering due diligence required to determine asset condition and the impact such condition may have on asset valuation, if any.

(b) Be available to assist the County in the negotiation of an acceptable acquisition price including terms of an acquisition agreement and the conduct of public hearings required under Florida law for utility acquisition by a county.

(c) Be available to utility staff as necessary to provide advice during such negotiations.

We propose that such legal services be provided on an hourly basis at the following hourly rates:

• NG&N Partners: $250.00 per hour • NG&N Associates: $200.00 per hour • NG&N Law Clerks: $ 50.00 per hour

In addition to such legal fees, the firm will expect to be reimbursed for actual costs incurred on long-distance telephone charges, travel expenses and overnight delivery charges. Photocopies will be billed at 25¢ per page. Such fees and costs would be billed on a monthly basis and submitted to the County for fees and costs incurred the previous month. Additionally, we will include in such monthly billings any hourly fees incurred by Raftelis in providing utility appraisal services at the hourly rates described later in this letter.

We agree that the fee to be incurred by the County for the hourly services of both NG&N and Raftelis will not exceed $50,000 without further authorization by the County.

Primary responsibility for this engagement by NG&N will be performed by Brian Armstrong, head of our Utility Practice, and me. We will assign other shareholders and associates to the engagement as necessary.

Primary responsibility for the performance by Raftelis will be performed by Mike Rocca with assistance from Raftelis appraisal experts at the following hourly rates:

• Project DirectorNP: $225.00 per hour • Manager (Rocca): $200.00 per hour • Additional Professional Staff: $125.00 per hour

133 Alan S. Polackwich, Sr. July 13, 2011 Page3

We are excited about the opportunity to work on this innovative local government project. Thank you for consideration of our Firm. If you have any questions, please feel free to call me at any time.

Very truly yours, (U1~ Robert L. Nabors

RLN/adm cc: W. Erik Olson, Utilities Director William K. Debraal, Assistant County Attorney Brian P. Armstrong

134 ADD-ON ITEM (13.C) 0Jfi Ce ojroposed 13-C/ Attorneys Matters/ 7-19-11 INDIAN RIVER COUNTY ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

MEMORANDUM

TO: Board of County Commissionl:._,.(=J

THROUGH: Alan S. Polackwich, Sr., coer;;'t) Attorney _ .fl-. FROM: William K. DeBraal, Deputy County Attorney w/JvlO'

DATE: July 15, 2011

SUBJECT: Request to Postpone Closing Date for Old Fire Station #9 in Sebastian

Background: At its meeting of May 9, 2011 the Board declared former Fire Rescue Station #9 surplus property and authorized it to be sold by auction. On June 20, 2011 an auction was conducted by the firm of Karlin Daniel and Associates, Inc. The winning bidder was Richard Peacock and the winning bid of $160,000 was approved by Board at its meeting of June 21, 2011.

Discussion: When the Board approved sale of the fire station by auction, the Board gave the winning bidder a due diligence period of 30 days after Board approval and closing within 45 days after Board approval. Mr. Peacock, the winning bidder, has satisfied every other condition set forth by the Board but is now asking to extend the closing date until September 15, 2011 rather than the proposed July 20 closing date. The reason for the request is to give Mr. Peacock additional time to gain approval of the purchase from the bankruptcy court. Unknown to the auctioneer or staff at the time, Mr. Peacock filed for bankruptcy protection in October 2010 and now must obtain bankruptcy court approval in order to spend funds subject to the jurisdiction of the bankruptcy court. Normally, a debtor who has filed for bankruptcy protection would first seek permission of the bankruptcy court prior to expending funds and entering into 'j D~ 1 so-:.!~-; I j ,k ~,,&It -1 j ,1,1~, ) 91. 6-tf-(I RI kt MEMORANDUM - BCC Old Fire Station July 15, 2011 Page 2

contracts to buy real property. However, Mr. Peacock has now filed a motion in bankruptcy court asking the judge to approve the purchase and sale retroactive to the date of the auction. In speaking with Mr. Peacock's attorney, he believes that Mr. Peacock's largest debtors will have no objection to purchase of the fire station.

Options and alternatives:

1. Approve the requested extension and set a new closing date with Mr. Peacock for September 15, 2011. 2. Refuse to extend the extension of the closing date and hope that the bankruptcy court rules on Mr. Peacock's motion before July 20, 2011. 3. Refuse to extend the closing date and direct staff and/or the auctioneer to contact the second high bidder to inquire if his bid ($159,500.00) is still on the table and direct staff to bring a contract for approval with the second high bidder to the Board meeting of August 16, 2011.

Recommendation: Since the fire station has sat vacant for several years, staff has no objection to extending the closing date for another two months. Staff recommends the Board select Option 1 and approve the request and extend the closing date until September 15, 2011.

c: Karlin Daniel Richard Peacock --fo . r iJ-!<_ t 1/ 'J:)w1 r:f-

~l e,f,4-fl-Q_~J}_ecc<> v

______... ' J,t~f"Uto ✓

)1000B9d PJ>">c;LjO!(j Case 10-42195-PGH Doc 129 Page 1 of 12

UNITED STATES BANKRUPTC COURT SOUTHERN DISTRICT OF FL RTDA WEST PALM BEACH DIVIS ON

In re:

RICHARD PEACOCK C se No.: I 0-42195-PGH

Debtor. Cl apter 11 ------I EXPEDITED MOTION FOR ENTRY OF ORDER A THORIZING DEBTOR TO ENTER INTO REAL ESTATE PURCHASE AND ALE CONTRACT WITH INDlA."1\/' RIVER COUNTY NUNC PRO TUN TO JUNE 20 2011

*Expedited Hearing Requested on or befo e July 20, 201 I*

The Debtor requests an expedited hearing on the otion for Entry of Order A uchorizing Debtor to Enter into Real Estate Purch 'e and Sale Contract with Indian River County Nunc Pro Tune to June 20, 20 ' to authorize the Debtor to enter into the Real Estate Purchase and Sale C ntract with Indian River County because closing is currently scheduled f JuJy 20, 2011 and the Debtor is not authorized to purchase the subject ea) property, unless the Sale Contract is :ipproved, after notice and a hcarin .

Debtor-in-Possession, Richard Peacock (the "Debtor' l by and through his undersigned

counsel, hereby files this Expedited Motion for Ent1y of Orde A uthoriz:ing Debtor to Enter into

Real Estate Purchase and Sale Contract with Indian River unty Nunc Pro Tune to June 20,

2011, and in support thereof, respectfully represents as follow

JURISDICTIO~

I. This Court has jurisdiction over this mot1011 u der 28 U.S ,C. ~§ 157 and 1334.

This is a core proceeding as defined in 28 U.s.c: § 157(b). V nue is proper under 28 U.S.C. §§

1408 and 1409.

2. The statutory predicates for the relief request d herein are sections I 05(a) and

363(b) of the Bankruptcy Code.

{ 1403/000/00081427}

00v86892'.LL Jul 14 11 03:26p Richard Peacock 7725893400 p,6

Case 10-42195-PGH Filed 07/01 /11 Page 2 of 12

CKGROUND

3. The Debtor filed a vol ntary petition for relief under Chapter J I of the

Bankruptcy Code on October 21, 2010 (t e uPetition Date") to restructure h1s debts and explore

opportunities to cut expenses. The Deb r is an individual who has been a real estate developer

for approximately thirty-five (35) years.

4. The Debtor is operating ·s business and managing his affairs as a debtor-in-

possession pursuant to 11 U.S.C. §§ 1 07(a} and 1108. As of the date hereof, no trustee,

examiner, or statutory committee has bee appointed in this Chapter 11 case.

5. The Debtor currently ow s the following real property: (i) the real property

located at 10880 Highway Al A, Vero each) Florida 32963 ~ (ii) the real property located at

1 3034 Grand Avenue, Coconut Grove, Flo · da 33133 (the "Rental Property"); and (iii) the real

2 property located at 116 Ocean Way, Vero each,'Florida 32963 (the "Investment Property").

6. Cmrentlyt the Debtor ope ates the Rental Property, which is encumbered by a

mortgage in favor of Coconut Grove B nk and is owed approximately $5,008,333 .33. The

Debtor ut1Jizcs the rental income generate from the Rental Property, which includes the secured

debt service, taxes, insurance and utilities The net profit generated from the Rental Property is

the Debtor's sole source of income and is tilized to pay the Debtor's living expenses. ! 7. Chase Bartle is the owner d holder of the promissory note and firs1 position

mortgage on the [nvestmen1 Property and ·s owed approximately $1,090,852.00 and PNC Bank

is the owner and holder of the line of er itor agreement and second position mortgage on the

Investment Property and is owed approxi ately $502,419.00. Further,·the Debtor estimates that

The !ega! description of the Re al Property is as follows: Lots 5 and 8 TR Marked l>Jbert V. Peacock, of CHAS J. PEACOCK PLAT, accordin to the PlaL thereof, Js recorded in Plat Book 6, at Page 32, of the Public Records of I\,1iami-Dade Conmy, Florida. 2 The legal dcscriptfon of the fnv stment Property is as foJlows: Seagrove South Sub Unit Two Blk/Bldg: Blk K Lot/Unit: Lot 10 PBVOR.

{ l 403/000/00081427} 2 Case 10-42195-PGH Doc 129 Filed 07/ 1/11 Page 3 of 12

the Indian River Tax Collector js owed approximately $27,72 .96 with respect to the Investment

Property.

8. The Debtor and Coconut Grove Bank reac ed an agreement regarding the

treatment of Coconut Grove Bank's claim in the Debtor's pl of reorganization and on June 22,

201 l, the Debtor filed the Second Amended P-lan of Reor nization [D.E. 11 OJ and Second

Amended Disclosure Statement [D.E. 111] (collectively, the 'Second Amended Documents")

to incorporate the tem1S of the agreement.

9. The treatment of Coconut Grove Bank's Jahn in the Second Amended

Documents was revised to provide that the Debtor shall exp e the Rental Property for private

.sale, under 1I U.S .C. § 363(b)(]) free and clear of all liens, c aims and encumbrances, pursuant

to a motion to approve a private sale, jn full satisfaction, ttlement and release of Coconut

Grove Bank~s Claims.

I 0. Thereafter, on June 27, 2011, the Debtor filed he Motion for Entry of an Order

Approving Proposed Purchase and Sale Agreement and App ving Sale of the Debtor's Rental

Property Free and Clear of all Liens, Claims and Enc:umbra es Pursuant to 11 USC§§ 105

and 363 (the "Motion to Approve Rental Property Sale") .E. 117]. The Debtor estimates

that he will net in excess of $1,000,000.00 from the sale of the ental Property.

1 1. Further, on July 1, 2011, the Debtor filed tl Motion for Entry of an Order

Approving Proposed Purchase and Sale Agreement and Appr ving Sale of Debtor's Investment

Property Free and Clear of all Liens, Claims and En cum bra es Pursuant to 1 I U.S. C. §§ 105 and 363 (the "Motion to Approve Investment Property ale',) [D.E. 127]. The Debtor estimates that the proceeds from tbe sale of the Investment Pr perty wm be sufficient to pay the allowed secured claims that encumber the Investment Property

{ l 403/000/00O81427} 3

00t£68SUL Jul 14 11 03:26p Richard Peacock 7725893400 p.5

Case 10-42195-PGH oc 129 Filed 07/01111 Page 4 of 12

12. As a result of the sale of 1e Rental Property, which is the Debtor's sole income

producing property, the Debtor has bee exploring new opportuniti~s Lu generate income to

maintain the ability to continue paying hi living expenses.

13. People have contacted the ebtor apd have indicated the desire for there to be a

company that restores and revives antiq e cars in the Vero Beach area and that sells antique

signage and other related memorabilia. e Debtor is familiar with this industry and submits

that in the exercise of his business jud ent that the old fire station located at 1640 US 1,

Sebastian, Florida w/PID #30382100001 99900026.0 (the "Fire Station,,) would be an idea]

location for such a busjness.

14. On or about June 20, 201 , an auction was conducted for the sale of the Fire

Station by Indian River County and the D tor was the successful highest bidder at sajd auction.

The Debtor was unable to seek Court appr val prior to submitting his bid for the purchase of the

Fire Station because auc6ons require the i mediacy of placing bids.

15. The pertinent terms of the Real Estate Purchase and Sa]e Contract (the ~·sale

Contract") between Indian River County nd the Debtor for the purchase of L½e Fire Station are

set forth below for summary and notic purposes onJy, and to the extent any terms are

inconsistent with the Sale Contract, 1he Sal Contract controls.

(a) Pursuant to the Sale Co tract, the Debtor agrees to purchase the Fire Station

for the sum of $160,00 00, plus the ten percent (10%) buyer's premium of

$16,000,00, which toget er equal the full contract prjce of $176,000.00 (the

"Purchase Price").

(b) The Purchase Price sha be paid as follows: $17,600.00 shall be held in

escrow with Karlin Dani 1 & Associates, Inc. (the '~Escrow Agent") and the

{ 1403/000/00081427} 4 Case10-42195-PGH Doc129 Filed07/ 1/11 Page5of12

remaining balance of $158,400.00 to be pad in full at closing, which shall be

on or before July 20, 2011.

(c) Additionally, the Debtor agrees to pay all t xes due and payable from January

l i 2011 and thereafter.

A true and correct copy of the Sale Contract is attached hereto as Exhibit "'A."

16. The Debtor estimates that in order to fund the ·nitia1 business operations, he win

need approximately $50,000.00 in operating capital, whic he wfll fund from his personal

savings account. As of May 31, 2011, the Debtor had approx mately S569, 764.54 in his savings

account.

RELIEF RE VESTED AND BASIS FOR RE

17. Through th.is motion and pursuant to Il U.S. . § 363(b), the Debtor seeks the

entry of an Order approving the Sale Contract and authorizi g the Debtor to purchase the Fire

Station.

18. Section 363(b) of the Bankruptcy Code pro des, in relevant part, that ' 1[t]he

trustee, after notice and hearing, may use, se11, or lease ot r than in the ordinary course of

busjness, property of the estate.n 11 U.S.C. § 363(b),

19. Courts interpreting section 363(b)(1) of the

transactions should be approved under Section 363(b)(l) whe the Debtor can prove: i) there is

a sound business reason for the purchase; ii) interested parti are provided \.vith adequate and

reasonable notice of the transaction; iH) the purchase price is ·rand reasonable; and iv) Debtor

is acting in good faith with the transaction. in ~e Delaware r Hudson Ry. Co., 124 B.R, 169,

176 (D, Del. 1991).

{ l 403/000/000 81427} 5

OOP8689ZLL Jul 14 11 03:26p Richard Peacock 7725893400 p.4

Case 10-42195-PGH oc 129 Filed 07101111 Page 6 of 12

20. The business judgment st ndard requires that courts follow the business judgment

of the debtor unless that judgment is tl product of bad faith, whim or caprice. In re Prime

Motor Inns, 124 B.R, 378, 381 (Bankr. .D. Fla. 1991) (citing Lubnzol Enterprises v. Richmond

Metal Finishers, 756 F.2d 1043, 1047 4th Cir:1985), cert. denied, 475 U.S. 1057, 106 S.Ct.

1285, 89 L.Ed.2d 592 (1986)). If a ebtor exercises reasonable business judgment in its

proposed use of assets pursuant to§ 363( ), the use shou]d be approved. See, e.g., In re Lorraine

Brooke Associates, Inc., 2007 WL 22576 8 (Bankr. S,D. FJa. 2007); In re Friedman's, Inc., 336

B.R. 891 (Bankr. S .D. Ga. 2005).

21. In the instant case, the btor submits that a sound business reason exists to

approve the Sale Contract and authorize the Debtor to purchase the Fire Station because the

• ·1 purchase of the Fire Station wm provid the Debtor with the opportunity to generate income

after the sale of his soie income producin property. The Debtor believes that the operation of a

business to restore and revive antique ca in the Fire Station wfll provide the Debtor with the

funds necessary to continue paying his ord nary living expenses.

Additionally, the Debtor s bmits that the purchase of the Fire Station will not

have an impact on the Debtor's Second . ended Plan of Reorganization that proposes to pay

the holders of general unsecured claims, o hundred percent (I 00%) of their allowed claim(s).

23. The Debtor submjts that th terms of the Sale Contract were negotiated in good

faith, are fair and reasonable and are in th best interests of the Debtor, the Debtor's estate, and

the Debtor's creditors.

24. Additionally, the Debtor sh uld be, permitted to enter into the Sale Contract to

purchase the Fire Station mmc pro tune to une 20, 2011 because the Debtor was unable to seek

Court approval prior to placing his bid at t auction and the Debtor's Second Amended Plan of

{ I 4•3/000/00081427} 6 Case 10-42195-PGH Doc 129 Page 7 of 12

Reorganization proposes to pay the holders of allowed gener unsecured claims the full amount

of their claims. The Debtor has tbe funds to pay the holders o allowed general unsecured claims

one hundred percent {100%) of their claims and therefore ould be pennitted to get a better

return on his assets so he can continue paying his· living ex enses in the future. See Atldns v.

Wain, Samuel & Co., 69 F.3d 970 (9th Cir. 1995) (findin that Bankruptcy Courts possess

equHab1e powers to approve retroactively a professional 's v uable but unauthorized services if

the failure to receive prior judicial approval is satisfactorily e plained and the banlaupt estate is

benefitted in a significant manner).

25. Accordingly, the Debtor should be permitted to enter into the Sale Contract to

purchase the Fire Station nunc pro tune to June 20~ 201 I.

WHEREFORE, the Debtor respectfuJiy requests t at the Court enter an order: (1)

granting the relief requested in the instant motion, (2) approv· g the Debtor's entry into the Sale

Contract to purchase the Fire Station that is attached hereto as xhjbit ' 1A"; and (3) granting such

further relief as is just and proper.

RespectfuUy submitted Bradley S. Shraiberg SHRAIBERO, FE & LANDAU, P.A. Attorneys for the Debtor 2385 NW Executive Cen er Drive, #300 Boca Raton, Florida 334 1 Telephone: 561-443-080 Facsimile: 56 l -998-0047 Email: bs.hraiberg@sf1-p .com

By: Isl Bradle I S. SI aibero Bradley S. Shraib rg Florida Bar. No. 21622 Lenore M . Rosett , Esq. Florida Bar. No. 64448

{ 1403/000/00081427} 7

OOvS68SUL Jul 14 11 03:25p Richard Peacock 7725893400 p.3

Case 10-42195-PGH Fifed 07101111 Page 8 of 12

l HEREBY CERTIFY that I a admitted to the Bar of the United Stutes District Court

for the Southern District of Florida and I am in compliance with the add1tiona] gualifications to

practice jn this Court set forth in Local

I HEREBY CERTIFY that at ·. e and correct copy of the foregoing was fumisl1ed via

Notice of Electronic Filing to those p ies registered to receive eJectronic notices in this

bankruptcy case this I st day of July, 2011

ectfully submitted, ey S. Shraiberg IBERG, FERRARA & LANDAU, P.A. eys for the Debtor NW Executive Center Drive, #300 Boe Raton, Florida 33431 Tel hone: 561-443-0800 ile: 561-998-004 7 : [email protected]

By: Isl Bradle S. Shraiber Bradley S. Shraiberg Florida Bar. No. l 21622 Lenore M. Rosetta, Esq. Florida Bar. No. 064448

{1403/000/00081427} 8 Jul 14 11 03:24p Richard Peacock 7725893400 p.1

Case 10-42195-PGH Filed 07/01/11 Page 12 of 12

AUCTION REGI RATION FOR REAL ESTATE I Karlin ·el & Associates, Inc. (772)22 0-2551 ~•l uae1rBr.1Ar • fl..,_tll71A\Jll:n "285 SW Martin Hig1tw11y P.O. Box IDJ.5 Palm Cit'J, FL J,~ 991 BlD #: :J f NAME:_.._------<_~_)_{_~----~---11--~COMl?ANYNAlt'LE: ______0 ADDRESS:_l_S:_%i_o_---;.-----=--~~CITY~ ¾,HJ ~cLsTATE:.f:..!::::z;iP CODE:2.:< 7~

BUSINESS PHONE #! _____-ff-1..,.__ __ JIOMEPHONE #: 77o2.-J,...2. I - d1 l) .J/.,;1- 0N? cVr- 1 ;.e- ,Py I rv s;~ CONDITIONS OF s'iE

I . EVER YTiilN3 IS SOLD .."AS:..=_.r.:.:S~!.$-~~I~S~"· "AS IS, \VHERE IS'' means that the property is parchased as it exists without any representati n or w:a.mmties whalso:venegarding its physical condition or quality. Any and alJ w:uTnnties regarding kelability of title are glVen by the Seller only and an: contiincd in lhc P1.1«:hase and .8.a)e Contrllct, 2. ALL SALES ARE SUBJECT TO ½ BUYER'S PRffiv!JUM, ADDED TO THE BID .PRJCE. 3. T.ic undcrsi gned hereby agr~s tha suit, action or legal proceeding arising out of or relating to the auction shall be brought st>fely and. x lusively in rhe courts offr.e State of Florida in and for Martin Counv', FJorica.. and consents to the jurisdi ti of s~c:li coun in any suit. action or procc:l:ding md waives any objection which it may have to the a g of vem.ie of any such suit, .e.ction or -proceediog in such courts.

Funher-1 the parties ackne>wledge d : Ihllt this Auction Registration and all tnnsactions contemplnted by this Auction Registration shall vemed by, construed and enforced in accordance with the: intc;maJ laws oftlie St.ate of Flondit witbou re ard to principles ofcC>tlflicts oflaws. 4. The undersigned, its agents, emplo e or any other partie:s acting on its behalf specifically agree to INDEMNIFY AND HOLD HAru S Auctioneer. Us officers, di:-eccors, agcn!s and cmp!Pyees from aay loss, bjurics or dnmages n."i.~.ng fr m -c)' activities nssociated with, connecr.cd with or in any way related to t..1-ie auction, :nclLJdini but not nmi t the rem.oval of auction i1ems from the premises, Further, the und~rsigned expressly RELEASE A tioneer, ;is officers, di.rectors, agents and employees from any md all acf:S oftheir own negligence or fau '• ether said ne,gligcnce or fau1t be i.n their individual or re~nnitive capacity, or in connection with the e igencc or fault of others. Further. the undersigned a.grees lu :NDEJvtNlFY AND HOLD ,....-u~'IIL,.l..l~s AuctioneCT sod/or Seller from any claims, demands, liability, loss or damage brought by third partilc:s Auctioneer and/or S~]lcr arising- from. our of or relating in any "N'aY to the Auction which are in a y attribi:i:abJe to any acts or omssions on L1e part of the Seller, or etrn"butable to any acls, omissions, 11u or negligence an the part of Auctioneer, its officen, directors, agents ()r miployces. 5. The undersigned. jn his o:r ber ind · d l ca?acity, PERSONALLY GCAR.ru'l.1TEES payment of !he Bid Price: to Seller and th<: Buy!?l"'s Pr ·u lo Auctionecr. In the event the undersigned is the successful bidder at the Auction, bu1 fajls to c]ose 1hp pu hasc as required by 2. Pun:hase and S!lle Contrae1, tluough no fault of the Seller, AuctiOD{:Or shall be btitl d to receive and recover from Buyer the difference betWeen the Buyer·s Premium a.net any nmounc ecc: ved by A1JCcionea from any forfeited deposit(s) pursuant to the Purchase and Sa.le Contract fo]lo g ,.,ye:r's defuult. 6. In the event that Auctioneu or Se er a required to tuke a:n:y uction to cnfor.ce the terms of this .Auction Registration, Auctioneer andlor S ler all be entitled to recover from Buyer all of thru rcasonnble attorneys' fei!S and coSts. Reasona lo a ey.t .fees shall include tho~c foes i.ncurr-ed before, during and a.flc::r liti,satio.n.. in.eluding those: incurre empting conection witllouf litigatioo, and in litigating in alJ trial end appella1e levels, as well as chose i fo any c,-ankruptcyproce~iogs and post-judgment procec:dings. 7 . THE UNDERSIGNED DOES ~.u..i~-u.,.,,.._,1., WAIVE THE RJGHT TO TRlAL BY n.JRY IN R.ES:PECT TO A.NY LITIGATION ARJSING CO .. crIONiWTTIITiilS AUCTION REGISTRATION OR THE AUCTION ITSELF. s. All pa.rties si.gping this Auction R · gistr ion iC1 any represenlati,·e capacity repn:sent that they have rhc authority to sign on behalf of sue pa cr~ntity. 9. 'The undersigned hereby acknowJ hat the subjecc property b-eing purcha~ i:it auction is befog sold s:rict1y on a subject to buyer's ins which hns occum:cl prior to et,Tcring this contract and the: bu)e'r hereby acknowled complet<: f; ty with the subject property ;nc!uding any faults or deficiencies. 10. Jt is further Pckno 1 d by the , igned ihat this Auction Registration bas beC!n read and ll.tlderstood ~rs{)4 be re sig-c.in 'it an tha, the undersigned undcrs:tan:Js and consents to its contents.

Signature~ ~ Individually and as ____~------[Tille) ?rial N11rne:: ------r!--1+--- of (Business Name) ______Jul 14 11 03:25p Richard Peacock 7725893400 p.2

Case 10-42195-PGH oc 129 Filed 07101/11 Page 10 of 12

f':IJ,:.C l\~u R.c,1I Cswt~· Pun;h~>«: end Sale: Contn11:1

ilft>rcs>itl All"ticm -~~c,mcm. rr ror isny r.:as clJJc:r Uuln (b,j lul'!I of Sellt!rlo mak.e Sellcr'!i Nia m~ec:i!ile ~fl~L· oili~ent c:JTcrt, Sc:lur r11i ls, negl~cu r.r rduscs 10 pt:riorm tl'tis lnt:l. tllc: l3U)"CT, lilJ Buy-.,.-'s sole and munially i;;,cclusi.,,.~ f'Qll~ies. R1PY ci1~1 ;c,;),,, :.j,lc:..:illi: perru~c:c or11: l,:.~110 rct:l'.i'1c 1 1clu:-11 cCBuyc-r's do:p<>.ii(,s;) , Bu)"Cr(1) l:ercby wtrivcS w,y ac:1lon for dan111ge3 n;~l:in$ frcir. ScH~1•1 l>!'esc::h. CONYEY.ANCE: St:Jlcr 5hi!ll conieylill ~ R&;il l'r?pa,y by s1.i111cocy wamlr.l,t.1rw1en. prno1:11I n:pr,;"==nta'li~e '.s:c,r ~~rrii~r1's dt't:\f, a:s app1oi,nntl! II> th: Sl81U$ o lkr u;ikss lh~ iNOllott i:s ~arll 10 ~q c;,,oer afll-~ coum h..1Yir1G)ll:-i~di<:cio11 in 1/u: i=Cc::r 19th, ,ub-j,ccl n,id e.;:i;uo:, in whi anee lifle sh:iU be ronveycd in accordtin111:wilh ,1,;C:1 onkr. OTl-i l?.R .-.al~EMEJ',-.S: Thi5 Cari cincally i11corpor;i1es by n:t°'-,-cn~ 111l limguiigc i11 the O~ng Annm,'lletrm:nts ,,r '"" Auo:tion. whr;:1lu:r ,,,:rbll/ crin wntmi,t, "01 the QUc::,on cafth~ .Rc:11 Propcny tlld in WI)' and :ill pn~r Dj,'Tt~m~m T!)II.OI:' bt:'IWQCll Buy<."Y :>no ~,:1ii:r') uiicm, K11rli11 D~ c: &:..A.swci;ru, ]T1C., lr.ol11l!m,. lxu not limlrr::I 10, the Ju:aJ E.n,ui: l'\L>Cliun Rt:i:istrllfio.111 for .R<:111 ~1n11: nml 13itl A.clmow 111. No•wi1.,:rt.inrii11; the f(n'Cl(O,lng, 11ny :md c.M:h ai:rc::mcnL exc:cu1c:tl prjo, IP !hi~ Co,nm.,1 by !ln.)'i:r :rn.i Juir2in Pani:J & :i:w:s, [ng,. sllgll nc;,1 b<: dct'mt!d mcri,:c-d in10t?1is Cof\tr11C1.1houl!h u·" (c:rrm rht!r~'l" •l•"ll I><: dci:111ei;I full;-, incurpocw<1d hi.- i , b11I slt:iU 1em:itn lle<:L1~-,:l)'. ,,$ bc11.\-n 0u.)"Or("J 11Ild Soller, no ollu:r pc- pn:w:1H Dl,IT~ncs nr rcpn:si::n~r1ons sh:11t Ix: bindinc upon .Ouyc,r Ill' St/le, ,ml~" rm'lutlcd 11111,is. C...,ntt.a,1. Nu modiiic:.11 · 10 w <1=h:11go m lhi:1 C.onrncr 1,hll ~ ~'nlld or lrinuing up.in me ponies u.nl<""H in wotin~ und ~><«~led cy Uw ponies iruendtc • bolll'ld hy ii, TITL£ M.\TISns. Tl~ pcOp<:11)' ~ "°' U ,iccl 10 llJ',:,"C!lli~l5. ~friC'IJ(ms;. limlwti:in~. ri~hlll of way, plonnini,: 11nd 7.\min.; "'t;i1lu1int1s. ~rid olhc:r ma.tiers nf n:.:11 .ifr<:·.;ring !he- rrnrkc:l:ltliU.ty cltflc- Propcny, Jr !he Scllm tit~ ),I; rtnuc:rcd u•m:irl;cl.:lbft:. 1hroui:)1 no fo11l1 of Bu)'ar. Ru. all, prior 10th~ Closi11~Du1c.nelify St:Uer in wrilirii,: of1bc t1cR:c1 u"u Selle:, -~ail hH-.·c: 30 cla~ frum d;:,1;: ur rcci:i1,1 ofsu ri111:atiu1110 cure !he dc-{c,,;r. JI~llc-r r11il:l \D 1imely cure !ht- ac;l'cc:1. "" iJcpm,illi:J ,:ma clo:.rn.i: l"ll1\-:l$ .o;J,oll, upon wn1:c-a dcmuncJ BU}'CI' und wi1:ii11 ~ ~)Ill iiftcrdernmd. be n:1umi:d 10 B\lyc-r. RfSK OF J.OSSr The Seller ~l1ull i;tclivc1 :.. subj,:o::, :n:111~/il~t.e 10 l11i:: Bll)'CI' ui r/:ie gmi; condiliori D~ fexl!W !lore oruur.1i,,n, lo the c;-Y,:01 111., -s11t>jc:c1 prnp.:cty i> cJ..-,;1ror~ a, Ji;' ilicllJ'lt!y (bma.sro by tirt or ,uhr::r ~wry, Sc;-JJ.:.,r or Bu)'Vr m.l)' ci:n~ 1tiis 1r.m:.a.:tion. Bllrc:r ,;Jn~)l roct:ivc:a ni{und CJf'd "Ii[:.:), .1!1:rr;u:, r,:J~;isi,,,g Buyc:r nnd S\!llln' from :aU n.thcr oblii:atiDfU under this c:.,r,mc1 . Sclk-r ur Bu:,.:r ,ns,yc;ina~I thi~ rn ',;,n upon pro~ w.tilltm norie, 10 1hc: D1'11;:r poitr within seven busi~s :!o:,'li ...i'rhc uccvm.:nco of1ho: rrr.: er 0111'1 ~suislry r ih~.s~c:1.illlcdclollng tl~il!, ff~i~. CA l1A C.:ITYI All~~ ~r~rilng 1ht& Pu and Se le Car.rrnct in f!n)I rep,n::.'l:JlU1live i:,r,ucir), n:pnm:m lhal lh11Yh•v~ che o-uthL>ri:y m sni;r, &Jn b.:hz.(f of such pcny ore h l'ROPER."l'l' TA.." OISCLOSIJfl f; ~u M Y: !3uy.:r .h0. c:h~rtyo of oll'J'lcn;h;P' o. p,,opc;rt,- i,rrproY-cmc:nt, Lrii:a~~ n::u;,:c~$ments orthc y lh:u c:ould n.wh in hignc:t llJ"~pcrly =. Cf you linvc: uny qui:i.uun~ ,oll('cmini; ...--JJuJlron. comor.:t 1hc 1.,111my pn, oppraiS1.T's uffico for mfoma1ion. L~DEMNIFlC..\ TIO'N: TIii! Bu)"Cr nncJ joinUy ill!d rO\-cr~lly, und aic.ir rt$p~cllvo~gi:r.~. cr.ipJoycc:.!I or Myol~ pani= ..ct,11u r:1n 1t-J0 HC>LO HARM L.ESS Karlin ~onfol &. ~oc:iin~. i1:" offi1.-.:rs. din-:::mr.i :>11d employee:$, fur .-in)' inj rlc er ctar.ases an,ing w,4r:r or ~u:im 10th,:,: rurctiu.w one: S..Jia Conrr.>ct. .JURlSLllCTION 11~0 VENUE: T.'ic u cl:: iE111Cd(~) nrn,by ~BtU th~t ~rt)' .$WI, DCl!or. or k:~ol 11roc-culin11 arising out orr>r rclnl>llJ: 10 Ilic, l\u1,,,ian s.Mll w btvu iµ-11 '°re, 3/'ld ~clu:sivcf), (a !he c:o&Jn:.s ~rrhe Si~te oiF1oricl.!l in .md ror Milrti:i Count)', Fle>ritlD, C'oml!ll\ 10 1l1ej.1ri~ui,;1ion or ~uob c rt i cny S\J>r, DCUDD or proccc:-dir,;s l1roQ Wl!i vc My ob-jc.ctioo whi,h ~y f'N)' tiav~ io 11,~ /,1:,rjni: ,,r VC'QUC Qf an:,, i,."t1c:1 Sliit, -.ctioll o p-ro ~r;tJiw& In 1ruc:h cc~rts. l?W'lh.c:., rh:- rmic-1CncknawJedgc ~ rJgrci: 1h11t 11ti:i. Pl.>,~hru.~ ;inJ Salt' C\;,nrr.t('[ s.h~ ll be;- ~vc-mc cy, nstrul'l:I i,IJ1Q enforced ill ei;0crd;1n<:a wilh U1C in1em:il J:,•.-.:1 ot11tc SIAJC or fk>n.!i> wi1ho"1 n:i,:;iro ro prin<:1pks vrconrli 13 o )a1n. A.'ITORNE\r'S FEE;$; In lh-1! l;'Hnt :iny p 1.)' I required LO,~ GO}' ~01/0.110 tnfo,ce lllc tcnmot llli:. Conanai:t, tha ~nilrna puriy hi: be cr,Utlct.f 10 rcrn,·.:r i>II u( il.S ,,.. 01111 Ill' ;:snornt')'•~ (o::s and co,IL Rcu~omiblt :1~1omcy'; re-c. ~h:ilJ inchule lhCSI: r~= 1m:um;rJ 1u) bi;foria. d1.mn2 i.r,.J .:nl"r ll1i3D1i0 • in diny tho•<: ift<'un•d In ;1,~rnprfni,: collec1ioo w:lholll Jili!IU1iut1, (b) ,n Hupt,n~ m ~111.rfa[ nnd r,ppdl:sr~ kvcJs., LCJ i11 :my b;i. p ;y P'f,;,c:c,,diio~ and (cr) in 1111y PQR-:jlldgmc11t p1oa:cding:. WA!Vl!:~ Of' JUC.1JT TO A Jt}R)( 'flt L: L PARTil::S C~ER.ETO HERE13Y WAfVIi. 'fH£J:R /UGHTTO A 'll~JAL L3Y JURY Wini RESPECT TO /\NY Lm AT "IN ,\RHfNC IN CONNliC-fl':;)N wrrH THlS CONTlV\Cr, lfllli; Sill()..,,. th" :sul>jt:,;t real e:muc i:s by· ~I we hereby cr;;nJr)' 1n.i1 ,ye- '-ltf= :,nc ocknuwlL!:i(lc: l.luir II is wbjcc1 ro Llil r1:;>1n c111»>$ nr.d 11,muu,,..:omcr.r .. rngd11 al lh" pc,u' ll pflhe oudicn_, wheUlcr verbal o_~ in wriling. We rurt.hcr <:s:nify llt~t Wt: ha'i'O <.::\ilmim,a ;he 11ropmy dc~ribcd ti~imbu : lho wo nrc lhoJ'Ou{;h'ty acqullinlcd with Its i:ondicicms and =pi,, u .such. nn'l't' p:; II 11: c- t I • 1 , • •• ,__ • - 11 I · . n . • ; i . , . • Case 10-42195-PGH Doc 129 Filed 07/ 1/11 Page 9 of 12

REAL ESTATE PURCHASE~ Ka rll n D ;rniel AND SALE CONTRACT & A.ssocfotes, Inc. IJ.,..-,1 R,.I f.•lllC llnlwr ,ill,' 'IW M..,.11 H"7• . hlR O,y, 1--1.~ ,.o. lk>• nus. Mll UtJ, l'I. ~PSI rn•1ia...,2Sn l'\,AAl

-or lht.eir :milJl}5, ~oo,,i:v~ no poJ ' ,1 .r;i!P111rcn1.~ trtR_Y ,.,:rulr ;,, ut:S,t/i1iwwl cinU./ W"/7T'IESS1;.,'lt-' i/c,wi,,c d~rribral ,..,.,; r.s/

T/i(' BJ1_,,y ar::r~ IU f'i-l)' 11.·.srr/otY rlri! .s,,.m a· tf,,cco- . w1,(cJ, W[l~ll,ur t'IJIJ/1/ IJ•~ ji,rt ,:iµJjl'UCf price aco .s• '1<4'1',t.,,et? - .,______------,------~--,.--,:;---,--,------' ;:; I se,,AQQ - ----~------~------..,,....,.-:------DMOWlCcd r:LOS!N(JD.,U£, wliJl:M -"-"':.,..:=-"'-"-'-fl------' Jm/r:.r~ 4J.k,r,l,td 1ij• otJicr p 1r1'PiSUlll1 q/ 'I uccw-·, ~i11url•ar,uoll:.rly 1.,/1/, dMln~ tf r1/J

PROC&l:.OS OP SA 1..1':: (;LOS1NG l' iOC£DtJR£1 n,,;" d~ snwl be ri:cord d upon C!e::ifilAl;le or fu11d:I, Pl\)Cc.,cds;oflhc. $:lie sha lt~ h::.l,J in e.scr01Y l>y K::rlin D;tnl I~ Assotia~ lnc. (&crow .AitMl) u I me E,ic1°"' A~ i.s sicisn~ll\llt all atl:c:t u:rms and condiliuns <)(' lhlii Con1nu;:1 an: Ml · lied. ESCROW: Esc;row Autnt (i,lllJthom:: Dltd aa;rccs b)lllC1Xp111M'C of ,my l'ulll-d~ I deposit thcn,promp1ty. ht>ld ~ Ul c-.crow "11<.l, ~ii!;,je-:r to c;J,:~;111,!c, disbur,c Lhcrn lri C\.'tlrd:llic,: wi1:i the 11::m" and C(;mwticn of.hJs Cc111·.r.ic:1. Ir, UJi, ullcmQt/\/'e,. E:$::ro-w A.i:cm S:,~I) ~"'" lhc r1i;111, b1.11 ..,.,, 1k ubli lien in ~w A~rnr '.s aole c~cr~rioo IO ~-ufc:r en1 Of" 11Jl ftrru:!.s holo in ncrow 10 a ~J\lsinu 11:.;c:nt :ii.-r~d upon hy Buy.:r :md cll.:r, In lhi: C'fQ!I Q(Ju,;h,. tnin,fr;,-, ~ Agon1 shall he- n:lit:M:Ll o(n/1 furtJ,11 lin.bili1~· "'ith rcspc-cc 10 lh1. Q"Un~rm-w run , znd ~ fw,d., n111 :,,ct ;:,cid gi dc-;,)OtiLc , p:quircd by Lluo Comrai::11llDll 1hcn:3'\o:r m: 1,-,id 10 ~nd d~p.,~iu,d .,.'irfJ sofd closing i;m1, fgilun: of11-l~cc; ofS\u'io,# sh,I not ,i,;=c 61l)"01"'f pc:rfom-Dncc. llin doub1 ~s 10 l:..~ r'.Hml'll ch11iC'J. or Ji:bilitlt'S'. •J Jhc: p;n\'isions oftids Comrocl, ~c v Ab'l:nl m:iy, :al ~cr.>.V Agant'S opt,aa. ,o,-,11nue 10 hold 1h:: !;Ubjcr.11 mi,uci of" rh o c w ut11II Lhc J».'li<:i: T1Jl.lUWly :,.gu,c: 10 i: dis:,uT3Mlrmi pr u11lil 5j~sn,cnrof!I CO-Jrl uf c:umpc1e.,1 juri~ietlon :;)1•11 d::10:rmln~, c ri1:tu, ~rlhc p~ni~ or f;scrow Asi:m xiy, in £5c:row Agcn.1':s •olc c:l1w.-.:1iun, in1~le.td the -1ubojr:c1 mimer of thl) e!.Cl'Qw or pun-11an1 to order ofCwn ckpolit ll'i:h tJ1e Clerk or Jhc Circuil Coun luw~ J"ri:::c!ic,ioo oflhc ~i:.")Jui:=. Upon n01ify;~ .l pnnir::, ~ne~of~ucll :wlillfl, ell I bilicy 011 the p11.n0(Eicrow A~ s-halJ Cully •~rmirunc. rw' 11> th~ c:xl.Cnl 0f.1CWUllrl ror llll)' ilt:n-G previow;ly oc:lvcnd uut fciel'CIW, /1.n)'>!lil bctW~P Bu;y,:rtsJ IU:XI SuJ:~ wh=:-lu ~crow Ag.mi,,. JTCdc II r: 'I b«:,.Ll:SII of actin,: iu .E..,i:,J'l]W Aw=,n b ,dcr, er in i:,.ny aufl wherein :escrow F,.g1m1 1nIerplc-on~ 1be subj~~t rrm"cr orfhc l:St'l'0', , f:,i:;row A.;ent r.hall rccOVt:rnll ,mo s fc:DS aml cosn iDCVfl':d by F~w Ag:n, ~•·I lh lhc f,:.:,; :and OU'l2 to M p:,,j(l rTQq) 0 our or11a<: C.SCl'Ol'WW i\l:ids or i:,quiY~lerll nd ch11T2cd 11nd D"'11.!U:d 4$ court CDSlS ill ravm c:,f1/lc pn:vail ini: pctrcy. Bath s,llr:r 'Bu;rcr op-cc lhlit &crow "\gc,,t.1hall t be lloblc 10 .wy p.,nya, poreon for mi.:sdrliY-.'f)' le Buyer or Sc:l"-:r of" iri;rns ,u uc: 10 rru.s =w, unl~6' ::;v;,h mas,jelh Is dtic 10 will/\.lJ br/;4j1Cb or 1hi9 C:intr.1c1 or o,-r<>c•~•es. [nc., irs axcn11, indcpcnd~1.:onlr.)c;tnr:'I, ufl'lccn;, dlr "n-' crrrploy= ~II nu1 tx held li::lbla 10 '1hcr or both Seller 11r>d B11v,,, for lh~ pn formlJT1(.T of my tr:mr. of thi:1 l'wn:~~11 11cl S:Ble Contr$C or ro, drlm:ii:= for 011: •••paformomx 1t,c11:"0f. n,., All4!tiuna;r ~h~II olso ,~cciv~ occru,:d i1llcrtSl 011 tmy i;mwi:d ru11ds hi;14 by lht: Auctioneer, FAIL.lm£ OV PER PORl'r1ANCC: T ll}'Cr (oils 10 pc:rlor.n &)ns Centro.er wj 1\ lJi,:nirn:, sp,:c:ifii:d, ir.clud1ni; p~ym.:111 of all ckpooit(s}, the deposit(~) poid b)• 8~·ycr p dcpuiill!) u~~ to b~ paid, 1UL1y be re 'ntd IJ-y or for 1hc, pccoum o(Sdl1..- !IS ;:i~~ '-'!>On liq"1.i.. ,oc1 d•nua""- ~<>:i•lde,uticn r, rhu r;;;,ai,~unon of!hi.s e«i1111c1 ~nd In fu sertkm.ent of 1m;, clainr5: W~llpJlo~ uml '. t>I• C'o,unw•, ar s..11...-. a., Scllc:f', option. 11,;Jy FO'°""d in cciu•L)· lc i:1·cn1 of O"ycr':s failur .. ul" P"rrarm::.nc:t' dc:~ritH:d aboc~ BuycT sh111l P3'1 rn K.:ir n D:tlli~I & A.=,;:ia~ lac .. 1he Buyer's 1'r('l'T'iUm • ..,li;ch a:imuum 0111: from .B~~r ay bit rcou~d 'b~• any arr,or.a,L n:~ci•cd · Kn:-lin ~id & .1\.$..WO,crt:$, In,. Jror.i any furfhl~ c1cpu~i11s, J>Ul'SUUTI Ti>~ Con Cl and .-e~iy-=

EXHIBIT A

9·d OOP86892:LL Case 10-42195-PGH Doc 129 Filed 0 Page 11 of 12

Daniel & Associates, me.

BID NUMBER: 3 ') wcansao Anal ~ce l!rolcer • FL AllfJ78AIJno7 BID ACKNOWLEDGEMENT 4285 S'rl Mani.n Highway P.O. Box 1035 AND RECElPT FOR DEPOSlT Palm City, ?~ 3f~~l ( 772) 220-2557 NJWE: ~' c ¼~_,& 'r' e o..£. 0 ~ cor:i:1?.AN":{ NAME: ADDRESS :______c TY : ______:_-_-_-:_'f-s-'l"_A_T_E_: ____ -_ -_:-_-::__1:_r_:e_C __ O_D_E_:::::::.::.::: BUS. TE~. #______ROME TEL.

T):l~ u.ndors;l.gne.d (b.ereioo..:fter "£1.uy.,.r•) bar by .. cktlc:,,,lE11!1gea: the~ ef.sbe luu1 ag:reea 1:0 purc-ba•e tho fol.l..o~•;;p AOC".l."IOa PnOPJ:H::n' #z ______• of the

-.X.:O='--""'¼------· 201i. r 1.NWnb 1 1 · $ 14:0QOO ,:c:uyor•,•=-- ______• ~"" e,----1--·------·--·· ======S ___l_(Cj~~- ·~C.J_C__•_Q ___ _ Totl\l C'oot~a.ct i>ri,;e------~------.------s __,_J...,fo=-'~o~D ... Q ____ _ Casb or Callh~~r•~ Ch~ek To='ler~~------$ ___5_·~0--_r_>-O.._ ____

CONDI:TXOJ:1S :t.. Tbia pulC'Cllaad ~u s'Ulbjeot to t:be t:• and COllJli~ioas cg~ in tho Pur~:l14go aad Sale C~ac~ wnic.b h&IJ ~a~~ po~t:•a And ava~1able o: SUY$r'a reviVff And t'-h-11 Auot~-o~•• o~•n~og aJl:DQWloamo.nt:s- 'l'l\Oo Tarm.a Qll(l CQ~C ono of tha i:a.:t.t1 Purcb o.l:l.d s.:.l.o C<:>otro..ct: a:t'ill i.:;co.rporatetl h~rein by ~o£aren~m, aot:w:!.tlul~c.n~ the aepa.:tat;o G.N:lir.:\lt.ic;>A t. t;ha Pu%'c:luu,e o.nd .SAl.e Contra.ct by tbie SAtian. sucn, no waxxlllJ.t:i9o ~ repre•Qllt:A:iann, o>.proam or .impltea, are :mato!I"' a11 t:C) cba a.c.c 1:1ey of any ouch at;at;miunlt:lil or ~ii£o=~ion. J. au~B~ acknowiedge~ eh~t b6 o~ Ith• b bean si:ivwii t:.ba opport t:Y eo inspect t:.'la pro.,erty ilJ1d to mmka D.ll indo:pancl•nt; o,.·~lvatian of: l:AQ p erty ....,J.tbau.t. ;x:1,g;ii.rd t.o et;..h.x- or not; :Bu:yo. oct"C&lly :1.nu~ctacJ t.he p11:,;ti;,ertl" o.nd 111.ltbou.1:. ~g-1>1rd to eta=-iwne• ar r$preM tatiox::.11= =a& b;y Sal.lo,r a.cd JCARLI:w ~L li ASSOCJ:A~s. me:. l"W:'c::.he.r, yer • clcn0W1ed.ge. ~I: :rea:: h&• i;,onO\lctec:i all. C\141 diligence end invuu c.i1l'•tion• Buy~ J:o•l..s. nocou11 ~~ ~;ppr,opr~aco rc~4.J:'~ ,::he pn:,pe t't:;y • l"bo ce;ni •sC>L!>•, a.11. ut:~t.•11 'by ~• t1o:iolU:" up001 the, ~ccep oc 0~ 4 bLd, 1$ an aclcl.owiodgelltent '. tha~ ,;nich bid iB t:.hG higbo•t bid. 5. Wl'lsth&r such bia ia M:~9~t~d ia sub ~ ~o whethGr or DOC \T.l t:hout :r1>•a11:V•. 6. 'l'ha t:c:.:nus •AS rs - 'Wlll:lW :t.S" :i.iOJ11. ••d as ~c c,xj,• t• vit~~t any .ro~z4aent~~~=u or v=l:lntias ~hatD ve.. =oal!l-¥"dlllg ieB phyw• l co.nditio~ g~ quailt~. Any oUl-13 11-14 wa.i:-c,::~t::l.~111, .reg-.o;-ding tho m.iz-Jcet;.a.b.i~ tY' o! tit.le ara go;l.ven S:"t;i.lllll a.:km:rw!."11dgo ~a AQTSl,I cbllt t.hi11 ll-id Acknowlcd',Jlll,11111t an~ a.1.l t:c-.aAoo.c;t = cc;>n~ampl11.1:ea .by -:;h:L.11 ll:id l.akoow.1-S~n~ iil:ii:.l.l ~o '°av-ern!!-d by, conAtruod .and 6n!orcgd ~n ~ocor tt.noo Vltb th~ int.a~i l WA of thQ 9tACG ot N1=:ide ~J!:.hnut reg&Id of p~i~c~p1~a o~ ooa~1iatQ o l4~P­ 9 . 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______...,.(~itlD)Of ______i~B-u-fl-i~,:u:,-s- --:~=---:-)------11

L'd OOvS689ZLL BCCAGENDA July 19, 2011 ITEM 14.A(1)

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

TO: Members of the Board of County Commissioners

DATE: July11,2011

SUBJECT: Sunshine

FROM: Commissioner Bob Solari

A discussion of the recent interpretation of the Sunshine laws by the City Attorney of the City of Vero Beach, which would essentially prevent individual discussions between a County Commissioner and a City Councilmember, on any City or County issue of mutual interest. _,,_ - ..-,3e- .. \..,-

135 Our recommendation to council, based on guidance from the Fla. attorney general's office, will be basically as C.O follows: City staff and/or city's consultant merely briefing an individual councilmember would be permissible. M However, if more than one councilmember to be in such staff briefing it must be at noticed public meeting. - No closed meeting (including telephonic) regarding a potential transaction between FPL (electric) or County (W & S) representatives with any one or more councilmember, whether for informational, due diligence, negotiations, or a mixture of purposes. (Whether with or without city staff or city consultant present). Any meeting, other than as noted above for a staff/city consultant briefing of an individual councilmember, where an eiected official(S) will be present will need to be with public notice, open to public, and minutes taken in order to avoid any potential perceived or actual sunshine law violation. This is for the protection of councilmembers, the city, anybody deemed an agent of the city. Further, it also serves to heip avoid a challenge to any potential or finalized transaction based on any alleged sunshine law violation.

Wayne R. Cement Acting City Attorney City of Vero Beach, Florida Telephone: 772-978-4730 Facsimile: 772-978-4733 Email: [email protected]

Please Note: Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local busi11ess are public records available to the public and media upon request. Your email communications, including your e1nail address, may therefore be subject to public disclosure.

1 Office of INDIAN RIVER COUNTY ATTORNEY

Alan S. Polackwich, Sr., County A.ttorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

MEMORANDUM

TO: Chairman Bob Solari

FROM: Alan S. Polackwich, Sr., County Attorney

DATE: July 11, 2011

SUBJECT: Discussions with City Council Members Regarding Water/Sewer Issues

Commissioner Solari, you have given me a copy of an email from the acting City Attorney to (presumably) City Council Members recommending that (1) council members refrain from any discussions with any county representatives regarding water/sewer issues, and (2) council members refrain from any discussions with anyone else ( except city staff and the city consultant) regarding water/ sewer issues, without public notice, a public meeting and formal minutes1• The recommendation is based on the Sunshine Law, and suggests that any such discussions would create a potential Sunshine Law violation.

You have specifically asked whether, in my opinion, a discussion between you and a City Council Member regarding water/ sewer issues would violate the Sunshine Law. My opinion is that it would not.

The Sunshine Law provides that "all meetings of any board or commission ... at which official acts are to be taken are declared to be public meetings open to the public at all times .... " The courts and the Florida Attorney General have interpreted the law to apply to all aspects of the decision making process, resulting in the general rule that two or more members of a board or commission ( collectively "board") cannot discuss any matter which may come before the board for action, except at a duly noticed, public meeting. Conversely, single members of a board are free to discuss issues with anyone who is not a member of the board, subject to two exceptions:

1 While the email speaks in terms of "meetings," under the Sunshine Law any discussion between two or more persons is considered a "meeting."

\.Jacmrosh HD: l,'.fel'J robe rt Oeskrnp S11mh111e Law • C,rv • :::aunty Drsc11ss1011s doc (1) if the single member has been delegated "decision making authority" by the board, discussions between the single member and a third person may be subject to the Sunshine Law, and (2) if the single member has discussions with a third person who, acting as a liaison, communicates the discussions to other board members, the discussions and the communication of the discussions to other board members, may violate the Sunshine Law.

In the present situation, I am not aware that any member of the City Council or the County Commission has been delegated "decision making authority" with respect to water/sewer issues; nor am I aware of anyone acting as a liaison to pass discussions along to other council or commission members. In the absence of these facts, I do not believe that discussions between a City Council Member and a County Commissioner would violate the Sunshine Law.

I should add that there are several court decisions and Florida Attorney General opm1ons dealing with similar issues. In Rowe v. Pinellas Sports Authority, three governmental entities were involved in a bond issue, and it was alleged that discussions among individual members and staff of the three governmental entities violated the Sunshine Law. The Florida Supreme Court rejected the allegation, stating:

The record shows, however, that no meetings involving these bonds occurred with two or more members of any one of the three governmental entities present. We do not construe [the Sunshine Law] to apply to the gatherings here between individual members and staff of the different governmental entities. By definition, then, no violation of the law occurred (emphasis added).

See also AG Opinion 99-55 (no violation for discussions between school board member and member of advisory committee appointed by school board); AGO Opinion 87-34 (no violation for discussions between member of city council and member of city planning and zoning board); AGO 84-16 (no violation for discussions between county commissioner and chairman of a private industry council which was appointed by the governor).

In summary, in the absence of a delegation of decision making authority or the communication of discussions through a third party liaison - neither of which are present in our situation - it is my opinion that a discussion between a City Council Member and a County Commissioner regarding water/sewer issues would not violate the Sunshine Law.

ASP:LAC

J,lac111 tash HD ·Usen robe1t. Deskrop. S1111slt111e la,11 - C, ry - Couury D1scusxrom.doc Bob Solari Wednesday,July 13, 2011 12:40 PM

Subject: FW: Sunshine Law memo Date: Tuesday, July 12, 2011 4:48 PM From: Alan Polackwich Reply-To: "Alan Polackwich" To: Bob Solari

FYI

Alan S. Polackwich, Sr. County Attorney, Indian River County 1801 27th Street Vero Beach, FL 32960 tele # 1-772-226-1424 fax # 1-772-569-4317 [email protected]

!From: Coment, Wayne [mailto:[email protected]] Sent: Tuesday, July 12, 2011 4:11 PM To: Alan Polackwich Subject: RE: Sunshine Law memo

Alan, Despite what you or Chairman Solari may have heard, there has been no written or verbal instruction from this office to any councilmember advising them that they cannot speak with Chairman Solari or anybody else. I believe the email you referred to was one intended for and sent to certain limited recipients and not to councilmembers. As part of a general email finalizing plans for those attending the cure meeting scheduled for July 19, 2011, that email also mentioned future recommendations based upon advice from the state Attorney General's Office in going forward with our potential utilities transactions (electric and water and sewer). These recommendations will be based upon multiple discussions with Pat Gleason of the AG's office and her advice given the high profile interest in our community of the issues surrounding

Page 1 of 3 the electric and the water and sewer transactions. Neither she, nor we, are unaware of the fact that her advice goes beyond the legal requirements of the Sunshine Law to focus strongly on the appearance of impropriety, the risk of discussions with different members of the same board (i.e., see Blackford, 375 So. 2d. 578), and the intensity of the public debate here in our community. We are attempting to protect our City Council and to protect any future decisions that may be made by our Council and by our community as a whole on these important issues. The 2010 Florida Supreme Court case of Sarasota Citizens for Responsible Government v. City of Sarasota, 48 So. 3d 755 is a cautionary tale that should not be ignored, and Ms. Gleason has strongly recommended that we follow the Sarasota County lead in this case to avoid the possible future unraveling of any decision that our City Council may reach in the coming months. To that end, I am drafting a memo on the Sunshine Law issues on which we have worked so closely with Pat Gleason and will be discussing these matters with the City Council at the July 19th meeting. I will be happy to share that memo with you once completed. Thank you and Chairman Solari for your interest and concern.

Wayne

from~ Alan Polackwich [mailto:[email protected]] Sent: Tuesday, July 12, 2011 2: 20 PM To: Coment, Wayne Subject: Sunshine Law memo

Wayne, Chairman Solari asked me whether he could speak with city council members about water/sewer issues. His question was in response to your email to (I assume) the city council members. Attached is my response to Chairman Solari ... I figured you might as well get it from me, rather than hear about it from someone else.

Page 2 of 3

JEFFREY K. BARTON

Clerk to the Board

May 17, 2011

EMERGENCY SERVICES DISTRICT MEETING MINUTES

The Board of Commissioners of the Emergency Services District of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on Tuesday, May 17, 2011. Present were Chairman Bob Solari, Vice Chairman Gary C. Wheeler, and Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O’Bryan. Also present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk Maureen Gelfo.

Chairman Solari called the meeting to order at 12:04 p.m.

15.A.1. APPROVAL OF MINUTES REGULAR MEETING OF APRIL 12, 2011

The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of April 12, 2011. There were none.

May 17, 2011 1 ESD

ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Minutes of the Regular Meeting of April 12, 2011, as written.

15.A.2. DECLARE FORMER FIRE-RESCUE STATION 9 SURPLUS; AND,

AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO SIGN AUCTION

DOCUMENTS WITH KARLIN DANIEL & ASSOCIATES, INC.

Commissioner Davis disclosed that he had a conflict of interest on this item, and would abstain from voting.

ON MOTION by Vice Chairman Wheeler, SECONDED by Chairman Solari, by a 4-0 vote (Commissioner Davis recused himself), the Board: (1) declared former Fire- Rescue Station 9 surplus, and authorized its sale by public action through Karlin Daniel and Associates, Inc.; and (2) delegated the authority to the County Administrator to execute all auction documents necessary for the sale of this real property, as recommended in the memorandum of May 9, 2011.

FORM 8B MEMORANDUM OF VOTING CONFLICT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

May 17, 2011 2 ESD

ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES

There being no further business, the Chairman declared the meeting adjourned at 12:05 p.m.

ATTEST:

______

Jeffrey K. Barton, Clerk Bob Solari, Chairman

Minutes Approved: ______

ESD/MG/2011Minutes

May 17, 2011 3 ESD 15A ;;;_

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Honorable District Board of Commissioners

THROUGH: Joseph A. Baird, County Administrator

FROM: John King, Director ~\~ Department ofEmer~cy~ervices

DATE: July 4, 2011

SUBJECT: Approval of Selection Committee's Rankings for Design/Build Services

It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting.

DESCRIPTION AND CONDITIONS:

On February 1, 2011, the Board approved staffs recommendation to solicit submittals from qualified firms to perform design/build services required to renovate two (2) existing fire-rescue stations, construct two (2) new fire-rescue stations, and for any other similar project that may require qualified professional services. Subsequently, the Indian River County Purchasing Division issued a Request for Qualifications (RFQ 2011036) and all seventeen (17) submittals received were determined to be complete and timely at the bid opening.

A review and selection committee appointed by the County Administrator rated the firms and the results of each members ranking were summarized and totaled. From those totals, the three (3) highest scoring firms were invited to make presentations to the Committee for a final ranking. Following the June 28, 2011 presentations, the Committee determined that the initial rankings held.

The firms are listed below in order of the Committee's final ranking.

I. Barth Construction, Inc (Vero Beach) 2. Summit Construction Management, Inc. (Vero Beach) 3. West Construction, Inc. (Lake Worth)

Included in the back up material is a sample Evaluation Matrix, the summary of the individual firm scores, and the Committee's final ranking. Each selection committee member's scores and rankings for the seventeen submittals are on file at the Emergency Services office.

137 FUNDING:

The five-year schedule of improvements in the Emergency Services portion of the County's current Capital Improvements Element (CIE) and the FY-2010/11 County Annual Budget is shown below. This schedule includes funding for Fire-Rescue Stations 13 and 14. The Board will recall staff delayed commencement of construction for Fire-Rescue Station 13 (43 rd Avenue and 4th Street) this fiscal year due to the current economic conditions; however, the development of a site plan is necessary as staff moves forward with the demolition of older structures, removing diseased trees, and for making allowances for the Historical Society's efforts to preserve the Old Forestry Tower.

As noted in the February 1, 2011 agenda item, Stations I and 7 may require renovations during the next few years as well. Although they are not included in the current CIE, they may be added in future years as appropriate. The anticipated improvements for Station 7 would be similar to those completed for Station 6 (south barrier island) in the aftermath of hurricanes Frances and Jeanne, which cost about $400,000. While the footprints of Station 6 and 7 are structurally similar, it has been our experience that unique issues arise at different locations which suggest the former costs are only an estimate and a qualified firm is required to provide an accurate assessment. Station I may need similar improvements and is larger than the other fire-rescue stations; therefore, the renovations costs could be substantially higher. No County funds are being requested at this time. At the appropriate time, staff will return to the Board and recommend funding for these projects from District Fund Balance unless otherwise noted in the CIE schedule below:

FY FY FY FY FY Revenue Project Description 2010/11 2011/12 2012/13 2013/14 2014/15 Resource Emergency Station9 - Replacement $88,332 Services District Emergency Station 13 - Addition $1,137,845 $1,486,705 Services District/ lmoactFee Optional 800 MHz Expansion $2,200,000 Sales Tax

Emergency Station 14 - Addition $2,200,000 Services Impact Fee Emergency Fire Engine $425,000 Services District Emergency Med Units $450,000 $450,0_00 Services District Emergency Quint $800,000 Services District $3,426,177 $2,361,705 $450,000 $3,000,000 $0 Total Expenses

138 RECOMMENDATION:

Staff recommends the Board approve the Short List final ranking as submitted and authorize staff to initiate contract negotiations with the highest ranked firm with the understanding that should no agreement be reached, staff would proceed to the next ranked firm etc. Upon the conclusion of such negotiations, staff will return with a contract for the Board's review and approval.

ATTACHMENT:

I. Section I: List of Firms 2. Section II: Sample Evaluation Matrix 3. Section III: Summary of Committee Rankings 4. Section IV: Final Rankings

APPROVED FOR AGENDA

FOR: July 19, 2011 Indian River Co. ~ ...... Admin. (I_, ~ 7/J'lhl j:;T' Co. Attorney ltJ~ 7~/t- ~(( Bvdget ( ''\ 1/11/1 I Josep Depl. JV L.Y y.11-11 County Administrator tA.J ,) Ri•kMgr. ,,~.. ,-,, General Svcs.

hrthasing

139 INDIAN RIVER COUNTY Department of Emergency Services Bid #2011036-RFQ for Design/Build for Fire Stations SECTION: I

NAME OF COMMUNITY: INDIAN RIVER COUNTY I NAME OF PERSON COMPLETING SUMMARY: JOHN KING, DIRECTOR OF EMERGENCY SERVICES

FIRM# A Abba Construction, Inc., Jacksonville, FL

FIRM# B Barth Construction, Inc., Vero Beach, FL

FIRM# C Canaveral Construction Co., Inc., Mims, FL

FIRM# D Certified General Contractors, Inc., Melbourne, FL

FIRM# E Collage Design and Construction Group, Inc., Lake Mary, FL

FIRM# F Construction Management Associates, LLC, Rockledge, FL

FIRM# G JCON Group Corp., Miami, FL

FIRM# H Lemartec Engineering & Construction Corp., Miami, F.L

FIRM# I P.A.V.C.O. Contracting Group, LLC, Melbourne, FL

FIRM# J Pillar Construction Group, LLC, Clermont, FL

FIRM# K Royal Concrete Concepts, LLC, West Palm Beach, FL

FIRM# L Summit Construction Management, Inc., Vero Beach, FL

FIRM #M Team Parks, Inc., Stuart, FL

FIRM# N The Morganti Group, Inc., Port St. Lucie, FL

FIRM# 0 Tucker Construction & Engineering, Inc., Winter Haven, FL

FIRM# P Welsh Construction, Melbourne, FL

FIRM #Q West Construction, Inc., Lake Worth, FL ...... i::. Bid #2011036-RFQ PAGE 1 0 Bid #2011036-RFQ PAGE 2 SECTION: II

SELECTION CRITERIA AVAILABLE FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM POINTS A B C D E F G H I J K L M N 0 p Q Professional Qualifications of Firm 0-6

Qualifications of Project Staff 0-10

Knowledge of Indian River County as Pertinent to 0-5 this Project

Project Approach 0-10

Permitting Expertise 0-5

Present Workload of Firm and of 0-5 Individuals

Capacity to Accomplish Work Within the Time 0-6 Frame to be Established by Indian River County

Experience in Fire Rescue Station Construction 0-20 Within the Past Ten (10) Years

Demonstration of Cost Control 0-10 Performance on Previous Similar Projects

Ability to Utilize Past Documents, Drawings, Etc., 0-5 to Facilitate the Project

Proximity of Firm 0-10

SU BM ITT Al COMPLETENESS letter of Interest 0-2 Proof of Registration 0-2 Disclosure of Relationships 0-2 Proof of Insurance 0-2 TOTALS 0-100

__., TOTAL SCORE PROVIDED BY: ------,---,-,-,------SIGNATURE. ______Date: --- ~...... Committee Member Name Bid #2011036-RFQ PAGE 3 SECTION: Ill

RANKING BY COMMITTEE FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM A B C D E F G H I J K p MEMBER L M N 0 Q

CHRIS MORA '8 I ' 5 ~ {2. Jo J/o ~ 11 LI ~ I;}- "' I'> 1L-f '1 LYNN WILLIAMS ID I ~ rz. Li //,;, ~ 3 Co l '-/ /0 ;)_ t'i S' r3 17 L/ ED PRIME ,~ I S' ,1.,, 3 I"> 11 !, 1 IS'" 4 a- 'l LO t"j 11 IQ ,,., BRIAN BURKEEN tt I /o 1-; 8 15' ~ (Q I/ IJ. 1 '3 J.. I i4 11 '-{

I~ ,.;- JOHN KING 5 l ~ 't i lZ. 3 7 I (p ;J. 10 Cl ,-, tL{ 'i TOTALS '-l'i 5 '31 55"° YJ, {o~ "{lo 3°?> ? '-(_ 1> J.{ '3 l \ S"t 31 7S° 1"1 )1

FINAL RANKING: 1ST O 2ND }_ 3RD Q 4TH E.. 5TH -----/-/

SIGNATURE OF EVALUATOR, ___..:;=..-;::,.-_,•:....:..:...~-'\------DATE '-/ ,38-·I\

__., .j::i,. N Bid #2011036-RFQ PAGE 3 SECTION: IV

RANKING BY COMMITTEE FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM FIRM A B C D E F G H I J K L M p MEMBER N 0 Q CHRIS MORA . I .;,. '3 LYNN WILLIAMS \ ~ :s ED PRIME I )- '3

I BRIAN BURKEEN I > 3

JOHN KING I ;).. '.S

TOTALS S' 10 ,,;-

FINAL RANKING: 1ST 7.:, 2ND L.. 3RD Gl 4TH _____STH _____

SIGNATUREOFEVALUATOR j_Q l:,,._6 DATE t. ',;l ~ · \ I 0 ...... ,I::=,. w /SBl

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

BOARD MEMORANDUM

Date: July 11, 2011 .. To: Joseph A. Baird, County Administrator • ~ Thru: W. Erik Olson, Director of Utility Services~ - From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District '}d.?n. Subject: Final Pay for Work Order No. 9, Amendment 2 to Geosyntec for Borrow Pond CUP Compliance Monitoring

BACKGROUND:

On April 9, 2009, the Solid Waste Disposal District (SWDD) Board approved Amendment 2 to Work Order No. 9 to Geosyntec Consultants, Inc. (Geosyntec) to provide Engineering services associated with Consumptive Use Permit (CUP·) compliance monitoring for construction and operation of borrow pond No.2 at Indian River County Landfill Facility.

The authorization was executed with a not to exceed budget of $201,842.64 and the following scope of work: Project Management/Meetings, Site Preparation and Monitoring and Reporting.

ANALYSIS:

Geosyntec has completed satisfactory all the assignments described in the scope of work for a total invoiced amount, including the final invoice, of $438.84. After final payment, the total amount paid to Geosyntec will be $201,791.31 which is under the approved budget by $51.33. Attached is Geosyntec letter report describing in more details the services provided under each task. As recommended by Geosyntec, Staff has rescinded the CUP Permit since no borrow pond activity is occurring and to eliminate the continued monitoring activities.

RECOMMENDATION:

SWDD staff recommends that its Board approve for payment Geosyntec final invoice in the amount of $438.84.

ACCOUNT INFORMATION:

Funding for the engineering and construction of the Segment 1 Closure is budgeted and available in the SWDD Landfill account number 41121734-033130.

ATTACHMENTs: Geosyntec Project Completion Report & Final Invoice (9 Pages)

Indian River Co.

Administration

SWDD Director

Budget or:~ l,Z '21J JI Legal Date Risk Manager

SWDD AGENDA Final Pay Geosyntec Amend 2, WO# 9 Page-1- 144 9 May 2011

Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74U, Avenue SW Vero Beach, Florida 32968

Subject: Project Completion Report and Transmittal of Final Invoice No. 12114092 IRC • Borrow Pond CUP/Compliance Monitoring Indian River County Landfill Facility

Dear Mr. Mehta:

INTRODUCTION

Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FL1684 - engineering services for the Consumptive Use Permit (CUP) compliance monitoring for the construction and operation of borrow pond No. 2. This project was completed under Amendment 2 to Work Order No. 9, authorized on April 14, 2009, pursuant to the Continuing Contract Agreement for Professional Services between Indian River County, Solid Waste Disposal District (SWDD) and Geosyntec, dated 10 August 2004, amended effective 11 August 2007. This report has been prepared as an attachment to our final invoice No. 12114092, dated 5 May 2011.

SCOPE OF WORK

The scope of work authorized under Amendment 2 to Work Order No. 9 was divided into three phases: (i) Phase 1 - project management/meetings; (ii) Phase 2 - site preparation; and (iii) Phase 3 - monitoring and reporting. In addition, Geosyntec performed additional work that was not included in the original scope of work. The following is a phase by phase summary of the work that Geosyntec performed under this work order.

Phase 1 - Project Management/Meetings

Under this phase, Geosyntec performed project planning and management responsibilities, such as meetings and correspondences with SWDD and St. John River Water Management District (District), invoices review and completion, project coordination, and project administration.

145 Phase 2 - Site Preparation

Under this phase, Geosyntec completed in accordance with the Permit conditions, the following:

• installation of 8 shallow groundwater monitoring wells and 3 staff gauges (Permit Condition 20); • delineation of transects at each of the 5 wetland areas where vegetation and soils are to be sampled (Permit Condition 21); and • identification of an approved rain gauge (Permit Condition 22).

Phase 3 - Monitoring and Reporting

Under this phase, Geosyntec performed the following:

• monitored continuously the total withdrawal of groundwater by each of the pumps used to dewater the borrow area; • monitored weekly the groundwater elevation at each of the 8 monitoring wells and 3 staff gauges; • monitored the daily rainfall as recorded by the rain gauge; • developed a matrix of the monitored parameters expressed as weekly values and uploaded it biannually into the District's database; and • conducted annual inspections of the 5 wetland areas and recorded the following: o soil surface elevation along each of the transect, o documented and surveyed environmental features within each of the wetland areas, o described plant communities along each of the transects, o described the soil characteristics of the top 25 inch layer of the wetland area, and o submitted baseline and annual monitoring reports to SJRWMD.

Due to lack of funding, Geosyntec has discontinued the weekly monitoring and annual reporting required by the subject Permit, effective March 1, 2011.

Additional Work not Included in the Scope of Work

In November 2009, the SWDD decided to discontinue the dewatering operation and mine future soil from the borrow pond in the wet (without dewatering), because of the extensive flooding that resulted from the disposal of the dewatering effluent during the last construction. The SWDD wanted to know if by eliminating the dewatering step from the mining operation it would be exempted from the monitoring and reporting requirements of the Permit. Because the Permit

146 does not provide for changes in the requirements, Geosyntec contacted the District's Project Manager for guidance and was advised to submit an application for permit modification. Geosyntec submitted to the District, on behalf ofthi,, SWDD, an application to modify the Permit to provide for exempting the SWDD from the monitoring and reporting requirements of the Permit during periods when the borrow pit is inactive and/or operated without dewatering. However, SWDD and Geosyntec were recently advised by a District's representative that the District would deny the application based on environmental considerations. The District's representative presented three (3) alternative scenarios for continuing the operation of the borrow pond and their consequences to SWDD. These are summarized in the table below:

Alternative Method of Operation Permit Wetland Monitoring No. Required and Reporting Required

1 Mining with Dewatering Yes Yes

2 Mining without Dewatering No No

3 Mining with re-circulating wet Yes No dredge

Alternative 1 represents SWDD's current method of operation. It is not cost-effective because of the intermittent nature of the borrow pond operation. SWDD would like to replace it with a less costly method of operation.

Alternative 2 represents SWDD's proposed method of operation (mining without dewatering). Although this method of operation does not require wetland monitoring and reporting, if SWDD decides to keep the permit, it would have to continue the monitoring and reporting in accordance with the permit requirements. If SWDD decides to discontinue the monitoring and reporting requirements it would have to apply to the District to rescind the permit. If after rescinding its permit, the SWDD decides to resume the dry excavation with dewatering, it would have to reapply for the Permit.

Alternative 3 is another method of soil mining from borrow ponds, which is used in commercial operations. This method of operation requires a permit but because the dewatering effluent is returned to the borrow pond and therefore, the.re is no impact on the groundwater elevation, the requirements for wetland monitoring and reporting are waived. Implementation of this method of operation would require the submittal of an application for permit modification. Mining with re­ circulating wet dredge, however, is a costly method ofrecovering soil from a borrow pond and is

147 used primarily where the borrow ponds is too deep for effective excavation with a mechanical bucket such as a dragline. Review of permits provided by the District for commercial borrow ponds utilizing this method of mining revealed that these facilities recover soil from depths of 50 to 60 feet. SWDD' s borrow pond is limited to a depth of 16 feet.

Based on the above discussion, Geosyntec recommends that SWDD adopt alternative 2 (mining in the wet without dewatering) as its method for recovering soil from the borrow pond. Geosyntec also recommends that the SWDD advise the District of its decision to switch to wet mining without dewatering and requests to rescind CUP number 2185. In the unlikely event that the SWDD decide at some future time to resume the dewatering operation it would have to reapply for a permit.

BUDGET

The approved budget for Work Order No. 25 was $201,842.64. The total invoiced amount, including,the final invoice is $201,791.31. Therefore, Geosyntec completed this project within the approved budget.

CLOSURE

Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact either of the undersigned at (772) 564-8717.

Sincerely

Tanhum Goldshmid, Ph.D. Senior Consultant

Kwasi Badu-Tweneboah, Ph.D., P.E. Associate

148 Mr. Himanshu H. Mehta, P .E. 9May2011 Page I

9May2011

Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River Conniy 1325 74th Avenue SW Vero Beach, Florida 32968

Subject: Project Management Report and Transmittal of Invoice No. 12114092 me - Borrow Pond CUP/Compliance Monitoring Indian River County Landfill Facility

Dear Mr. Mehta:

Geosyntec Consultants (Geosyntec) prepared this project management report to address the engineering services for the Consumptive Use Permit (CUP) compliance monitoring for the construction and operation of the borrow pond. The report presents: {i) a bndget overview for this project; (ii) summruy of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; (iv) a discussion of ongoing work, and (v) recommended actions for the site. The enclosed invoice reflects work that was performed through 30 April 2011. Table I provides invoicing details for the project.

PROJECT MANAGEMENT SUMMARIES

Geosyntec's Project No. FL1684: Borrow Pond CUP/Compliance Monitoring - Indian River County Landfill Facility {IRC Work Authorization No. 9 Amendment 2.

Budget Overview lovoice No. 12114092 (enclosed) dated 5 May 2011 for $438.84 is the 25 th and final invoice for Project No. FL1684. Listed below is a summruy of the budget, including invoiced amount and remaining budget.

Approved Budget: $201,842.64 lovoiced Amount: $201,791.31 Remaining Budget: $51.33

Geosyntec is within the budget appropriated for this project.

149 Mr. Himanshu H. Mehta, P.E. 9 May 2011 Page2

WORK COMPLETED TO DATE

The invoice includes charges outside of the scope of work related to permit modification to exempt SWDD from all monitoring and reporting requirements in the event the SWDD excavates the borrow pit in the wet (without dewatering); and project management and administration.

WORK REFLECTED ON ENCLOSED INVOICE

Charges reflected on enclosed invoice are mainly attributed to the following:

• Labor indicated as professional services ($426.06) is associated with project management and preparation of the letter report.

• Other expenses include communications fee ($12. 78).

ONGOING WORK

This is the final invoice for this project. A project completion report is attached to this invoice transmittal.

RECOMMENDED ACTIONS

None,

CLOSURE

Geosyntec appreciates the opportunity to provide services to Indian River County, Solid Waste Disposal District. If you have any questions regarding this correspondence, please feel free to contact me at 772.559.8359 or Dr. Kwasi Badu-Tweneboah at 904.858.1818.

Sincerely

Tanhurn Goldsbmid, Ph.D. Project Manager

Enclosure

150 Mr. Himanshu H. Mehta, P.E. 9 May2011 Page 3

Table 1

Summary of Invoices Submitted for Geosyntec's Project Number FL1684 IRC - Borrow Pond CUP/Compliance Monitoring Indian River County Landfill Facility

1293829 5/6/2009 $ 6,650.77 2 129388! 6/3/2009 $ 12,157.13 ------3 1293923 7/8/2009 $ 13,041.60 4 1294016 8/412009 $ 10,255.76 5 1294024 9/3/2009 $ 5,379.66 6 1294086 10/8/2009 $· 11,335.64 7 12931139 I 1/12/2009 $ 7,856.76 8 12931!85 12/11/2009 $ 4,349.42 9 12103008 1/12/2010 $ 5,045.85 JO 12103068 2/12/2010 $ 4,464.51 lJ 12103110 3/12/2010 $ 7,356.46 12 12103146 416/2010 $ 16,629.43 13 12103227 5/19/2010 $ 6,206.89 FL1684 14 12103233 6/412010 $ 14,448.04 15 12103309 7/15/2010 $ 7,155.44 16 12103343 8/1312010 $ 11,436.05 17 12103415 9/16/2010 $ 9,1!025 I 8 12103449 10/06/2010 $ 12,037.16 19 12103493 11/08/2010 $ 12,885.24 20 12104001 12/10/2010 $ 5 ,132.97 21 12114020 1/13/2011 $ 6,911.58 22 12114028 2/10/2011 $ 5,483.53 23 12114061 3/9/2011 $ 4,664.60 24 12114071 4/11/2011 $ 1,357.73 25 12114092 5/5/2011 $ 438.84 TOTAL $ 201,791.31

151 PLEAS I= REMIT PAYMENT TO: Gucsyntac Consultants 5901 Broken Sound Parkway, Suite 300 Boca Raton, Florida 33487R2n5 USA Tel {581) 995R09D0 Fax (561) 995R0925

INDIAN RIVER COUNTY Invoice#: 12114092 1325 74TH AVENUE S.W. Project: FL 1684 VERO BEACH, FL 32968 Invoice Date : 515/2011 Attention: HIMANSHU H, MEHTA, P .E. Project Name : IRC BORROW POND CUP/COMP MONITORING

For Professional Services Rendered through transaction date: 4/30/2011 IF YOU HAVE ANY QUESTIONS REGARDING THIS PROJECT, PLEASE CONTACT TAN HUM GOLDSHMID AT 772-564-8719.

AMENDMENT 2 to WORK ORDeR NO. 9

Professional Services $426.06

3.0% Communication Fee $12.78 Current Invoice $438.84

.,,,Amount Due This Invoice - $438.84

Statement

Prtor BIiiings $201,352.47 Project Budget $201,842.64

Current Invoke $438.84 Expended to Date $201,791.31

Bllled To Date $201,791.31 Conlract Balance $51.33 Paid To Date $199,994.74 ..Amount Due This Invoice .. $438.84

152 Project: FL 1684 - IRC BORROW PONO CUP/COMP MONITORING Invoice# :12114092

Phase : 01) PROJECT MANAGEMENT AND MEETINGS

Class I Employee Name Date Hours Rate Amount CLERICAL MURPHY, DARLENE 04/28/2011 2.00 49.96 99,92 SENIOR PROJECT PROFESSIONAL GOLDSHMID, TANHUM 04/01/2011 2.00 163.07 326.14

Total Phase : 01) PROJECT MANAGEMENT AND MEETINGS Phase Labor 426.06 3.0% Communication Fee 12,7B

Total Project Labor 426.06 3.0% Communication Fee 12.78

Total Project: FL1684 - IRC BORROW POND CUP/COMP MONITORING 438.84

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