AGENDA ORDER ANDI PROCEDURE OF COUNCIL MEETING TUESDAY, FEBRUARY 4,2025 5:30P.M. 1. CALLTOORDER 2. INVOCATION: 3. PLEDGE OF ALLEGIANCE: ROLL CALL: 6. MAYORSREPORE: CONSENT AGENDA: A. Approval of minutes: Haley ANNOUNCE BUSINESS FROM AUDIENCE PROCEDURE: 7. COUNCILMEMBERS CONCERNS, COMMENTS, LIAISON REPORTS: Announcement of upcoming meetings: Haley Sippin ont the Circle Event: Jim Griffin & Marcia Davis D. Waiver of Civic Center Fees: Kevin Cortina Plant #4 Water Tower Demolition: Boggus Road Management Plan: Kramer 9. OLDBUSINESS: 10. NEW BUSINESS: 11. BUSINESSI FROM AUDIENCE: 12. CITY ATTORNEY'S BUSINESS: 13. CITVADMINISTRATOR BUSINESS: A. Whisper Lake MHP Annexation Escrow Agreement B. Partial Release of Development Agreement for dediçation of ROWt to Highlands County: Noethlich/Swaine A. Commercial Land Contract between MacBeth Associates and City of Sebring: Noethlich/Ross MacBeth/Swaine Commercial Contract between AACHENER: SERVICES and City of Sebring: Noethlich/Swaine Project Report A. Bills for Approval 14. CITY CLERK'S BUSINESS. AND ANNOUNCEMENIS B. Appointment to Planning & Zoning Board Anyp person who might wish to appeal any decision made byt the City Council of Sebring, Florida, in public hearing or meeting is hereby advised thath he willr need a record oft the proceedings andi fors such purpose mayr need to ensure that av verbatim record oft the proceedings isr made whichy willi include thet testimony and evidence upon which: sucha appealist to bel based. The City Council of Sebring, Florida does not discriminate upont the! basis of anyi individual's disability status. This non- discrimination policy involves every aspect of the Council's functions, including one's access to, participation employment or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act should contact Mrs. Kathy Haley, CMC, City Clerk, at 471-5100. CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 AGENDA ITEM#: 8-Consent Agenda PRESENTER: Bishop BACKGROUND: Item 8. A through 8 F are on the consent agenda for Council action. Should any member of Council wish that an item be removed from the agenda, they should sO indicate. That particular item will be removed and discussed individually at the appropriate place on the agenda. All remaining items will be presented for approval collectively. RPQUESTEDMOTION: Approve consent agenda as presented. COUNCIL ACTION: APPROVED DENIED TABLED TO: Moved by: - Seconded by: Carlisle Havery Mendel Stewart Bishop. OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 PRESENTOR: Haley AGENDA ITEM#: 8A-A Approval of Minutes BACKGROUND: The minutes from your regular meeting on January 21, 2025 were emailed to you on January 23, 2025. REQUESTED MOTION: Approve minutes as presented. COUNCIL ACTION: APPROVED DENIED OTHER Moved by: ;Seconded by: DEFERRED Carlisle_ Havery Mendel Stewart Bishop CITY OFSEBRING AGENDA ITEM SUMMARY MEETINGI DATE: February 4, 2025 PRESENTER: Haley AGENDA: ITEM#: 8B-Announcement of Upcoming Meetings BACKGROUND: The following meetings and/or workshops are scheduled between January 22nd, and February 4, 2025. Date 02/10/25 02/11/25 02/13/25 02/18/25 Time 5:30 p.m. 5:30 p.m. 5:00 p.m. 5:30 p.m. Meeting Participant(s) Liaison Stewart Liaison Mendel Community Redevelopment Agency Liaison Havery Planning and Zoning Board Historic Preservation Commission City Council Meeting Mayor/City Council/City Clerk COUNCIL ACTION: APPROVED DENIED TABLED1 TO: Moved by: Seconded by: Carlisle Havery, Mendel Stewart Bishop OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 AGENDAI ITEM#: 8C-Sippin On the Circle PRESENTER: Jim Griffin and Marcia Davis BACKGROUND: The Rotary Club of Highlands County and the Highlands Art League have partnered together to host an event named Sippin' on the Circle (Attachment A). Jim Griffin and Marcia Davis will be at your meeting to present the event and answer: any questions. The following are being requested: Establish event date for Saturday, March 29, 2025 Establish event hours from 1:00 p.m. to 8:00 p.m. Authorize detour and closure of roads from 7:00 a.m. to 10:00 p.m. as presented in Authorize no parking in the event area during the event as deemed appropriate by event (Attachment B) organizer and Sebring Police Department Permission to display banners at Circle Park advertising event Usec of City Stage Grant a variance from City's Open Container Ordinance within the confines of the event area during event hours conditioned upon obtaining any necessary State Permits Use of Palm Parking Lot Fees for Services: (See Attachment C) Application fee Police Services Fire Services Public Works TOTAL $ 25.00 $300.00 $350.00 $1231.00 $1906.00 Note: Event organizers are requesting waiver of fees REQUESTED MOTION: Approve event as presented conditioned upon providing the appropriate Insurance Certificate showing at least $1 million dollars of] Liability Insurance and naming the City as additional insured at least ten days prior to the event. COUNCIL ACTION: APPROVED DENIED TABLED' TO: OTHER Moved by: Carlisle Havery ;Seconded by: Mendel Stewart Bishop ATTACHMENT A City of Sebring Special Event Application Page One of Two Section 01 Organization Information Name of Organization Street Address 1971 La Keview Dr. Sebring Telephone Number 863 632- OA02 Personi in Charge /Contact Person Marca Dovis Street Address Email Address Grr ehqye. brq Section 02-EventI Information Name ofE Event Sppi on the Circle Rain Date (ifa applicable) Desired Location oft thee event: Your musti include overvew Circle food trucks Event Participation- Anticipated: Number of: Participants: 40 Katay Clab of Highlands Couaty + Highlande Art keayuc City Fax Number State, FI Are youa 501(C)3 or other non-profit Organization? Ifyes, Corporate Name: Affiliation Flonila Mobile Phone Number ZipCode 33870 LNoves ZipCode 33815 Phone Numbero on DayofEvent: 8l3 63a- 0208 0a/24/25 Ending" Time ofE Event 8:00 51i5 Kak K ewoed sbing Telephone Number manager @ hiahlends! Bu3 634-0202 863 632-0202 Event Repetition DMonthly EAmaDattyafEiento (mm/qd/year) Dother: Multi-day? NoLes Starting Time of Event lfyes, howr many? ane :00 pm pm map thal outlines the location andlayou! bfyoure event. General description of thee event: Samples ot cralt beer misie, beer truck, Spectators: 10,000 Issue Vendors: 15 Vehicles: Crchan! Event Questionnaire Please answer] EACH question so that wer may adequately assist you with planning fory your event. Special) Events Coordinator Action Doy you need any streets orr roadways closed for thee event? Doy you need any parkingr restrictions enacted fort the event? Willy youl beu using acity parkt toh hold your event? related athletice event, balloon fest, etc.) exhibitions, burnout contests, etc.) hazardous materials, chemiçals or other conditions? Will therel be any fireworks or pyrotechnics? If"yes", permission willl ber needed toc close roadways. State Road closures (US 27, SR17, ONo EehrgueD DOT approval. Countya andl local roads require City Council or County DNo Rves', ""yes", permission to close city parking lots and public parkings spaces must bes grantedb by DNoe Facility availability must be verified and City Council approval may ber required. Commission: approval. the city counçil Isthee event considered' "high-risk"?(e.g sea-plane fly-in, boatr races, water- If"yes", safety aspects oft thes speciale event need tob bec coordinatedy with public safetye entities. Will there be any special demonstrations: at thee event? (i.e. stunt shows, driving F"yes",s safety aspects oft thes speciale event needt tol bec coordinated with public safety entities. Does the event pose: any speciald concer for publics safety duet to the presgnceof Ir"yes", safetya aspects oft thes speciale eventi need tol bec coordinated with public safety entities. Will yout bes selling, serving or distributing: alcohola att thee event? ONo Ehes r"yes", thee event needs tob bel licensed throught thel Division ofA Alcoholic Beverages and Willp peoplet bea allowed to consume alcohol while aty your event? Diolfes F"yes", ina addition to: an: alcohol liçense, an" alcohol variance" may have tob beg granted by LNo Ces CNo Dves ENO Des GNo Dves If"yes", the vendorr must bel licensed andt thes safety aspects oft thes speciale event need tob be Tobacco (DABT). Licensure information cabb be obtained at (850)4 488-8284. Dioles r"yes", provide thes event coordinator with acopy OfDBPRI Form HR: 5030-034 which outlines foody vendorn notification: andl licensure requirements. If"yes",ay variançe fort the city's' Noise Ordinance" might ber necessary. Thiss should be coordinated with publics safety entities. the Sebring City Council. Willf food vendors bec cooking ors servingf food att thee event? Will therel beab band, DJC ord other music'entertainment, att thee event? ONo Eves requestedt through the Sebring City Council. DNo Mes Ir"yes", rental may bea arrangedt through the City ofs Sebring. No K'es must bec completed and approved. Does your eventr necessitate theu use ors setup ofa any temporary structures suchzs Ir"yes", permits may ber necessary and these structures may have to bei inspected Doy youy want to display or hang any banners ors signs above ther roadway in - r'yes', then approvalr may ber necessary. Forb banners ons stater roads, al DOT Banner Request Isthee event "animal related" (animal rides, rodeos, Z00S, races, etc.) )n Eho Cves r'yes", ensuret that safe and appropriate animal handling measures have been puti inp place. tents, canopies, buildings, stages. etc.? Will your event utilize the City Stage? refèrencet toy your event? DNo Kes *** Local road closures require application submittal 30 days prior to event*** *** State road closures require application 45 days prior to event *** *Return Hold Harmless Agreement City of Sebring Hold Harmless Agreement Page Two of Two Indemnification/old Harmless Agreement Applicant hereby agrees to indemnify and hold the City of Sebring ("City") harmless from any and all damages, loss or liability occurring by reason ifany injury to any person or damage to property which may occur as a result ofthe special event by Applicant or its officers, agents, representatives, guests, employees, invitees, or persons contracting with any ofthem or by an act or omission, neglect, or wrongdoing of Applicant or its officers, agents, representatives, guests, employees, invitees, or persons contracting with any of them and Applicant will, ati its own cost and expense, defend and protect the City against any and all claims or demands which may be claimed tol have arisen as a result of or in connection with the special event by Applicant or its officers, agents, representatives, guests, employees, invitees, or persons contracting with any of them or by an act or omission, neglect, or wrongdoing of Applicant or its officers, employees, agents, representatives, guests, invitees, or persons contracting with any oft them. Applicant does hereby remise, release, satisfy, quit claim and forever discharge the City from any and all actions, claims and demands that it ever had, now has, or may have against the City as a result ofthe special event by Applicant or its officers, employees, agents, representatives, guests, invitees, or Ifrequired by City Council, Applicant agrees to maintain liability insurance for the event in an amount ofat least $1,000,000 combined single limit coverage of] Bodily Injury and Property Damage. Applicant will have the City named as an additional insured on Applicant'sl liability policy and will provide a current Certificate ofl Insurance In any action brought for the enforcement of the terms ofthis agreement through the courts, the City shall be entitled to recover reasonable attorney's fees, paralegal fees, court and other costs, to and including appeal from persons contracting with any ofthem. prior to the event as evidence of Applicant's compliance. Applicant. Marcia Davi's Printedl Name MarciR Dani Signature Treasarer/ Board Member Relationship1 tol Event Organizationy Abt2t 1-22-35 Date Vitness CITY OF SEBRING STAGE RENTAL AGREEMENT Betery Clabof Highlands Caenhy and Highlands A,t agrees to rent the stage from the City of Sebring as follows: ("Renter") league Rental fee (includes setup and breakdown) $150.00 (payable in advance) Stage tol be located at: circle in front of Circle Theatre Date(s) to be used: March d9, a0a5 Set up date: Take down date: March 38, 3025 March 30, ao5 ASSUMPTION OFRISK: Renter knows of the existence oft the danger inherent in the use ofthe stage, realizes and appreciates the possibility of injury as a result of that danger, and having a reasonable opportunity to avoid it, voluntarily exposes himself/herselfto the danger. RELEASE: Renter fully and forever releases and discharges the City of Sebring and the City of Sebring Community Redevelopment Agency (collectively the "City), their employees, agents, elected officials and all other persons or entities acting on behalf of the City from any and all liabilities, claims, demands, damages, expenses, attorney's fees and costs, whether known or unknown, that Renter now has or may have against the City relating to any matter connected to the transportation or use of the stage. Renter acknowledges that the rental fee has been discounted to reflect valuable consideration in favor of] Renter to support this release. DAMAGE, AND INDEMNITY: Renter agrees toi indemnify, hold the City harmless and pay the costs of repair or replacement, as necessary, for any damage to the stage during the dates set forth above and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, its employees, agents, elected officials and all other persons or entities acting on behalf oft the City from and against all claims, actions, liabilities, losses (including economic losses), costs, including attorney fees and all costs of litigation, and judgments of every name and description arising out of or incidental to the use of the stage or performance of this agreement, unless caused by the sole negligence of the City, its employees, agents, elected officials and all other persons or entities acting on behalf of the City. Any cost or expenses, including attorney fees (including appellate or bankruptcy fees), incurred by the City to enforce this agreement shall be borne by the Renter. This indemnification shall also cover all claims brought against the City, its employees, agents, elected officials and all other persons or entities acting on behalf of the City by any employee of Renter, subcontractor, or anyone directly or ATTORNEYS FEES AND COSTS: In any action brought by either party for the interpretation ore enforcement of the obligations of the other party, including the City'sr right toi indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorney's fees, paralegal fees, court and other costs, whether incurred before or during litigation, on appeal, USE: Renter shall use the state with reasonable care and in accordance with all laws and regulations. Hanging spotlights from the awning is prohibited. Pedestal spotlights are allowed. indirectly employed by any oft them. in! bankruptcy ori inj post judgment collections. Renter: Name of] Business or Individual: Rtay Lhb of Higklande Gunty/Highlan Art league Printed Name: Title: Address: Home Telephone #: Office Telephone #: Cell Telephone #: Email Address: Marcia Dabis Treasurec POBos 1693 863- 632-0304 manager C highlands art league.. org AGREED TO this day of 20 Rus Two Withésses STATEC OF. FloridA COUNTY OF Highiands mAcdic DAviS whoi is personally known to me or whoj produced Maraa Dans Printed Name: Moncia Davis Signature Ralthr The foregoing instrument was acknowledged before me this 32 day of SAn 2025 by asi identification. FL LC Notary Commission) No. My commissionexpires. IMRENEERNbY Notary Public-State of Floridal Commission # HH 219036 My Commission Expires January 24, 2026 u Badf ATTACHMENT B F nve 2N G E Sippin on the Circle St sRAs Road Closure and Detour Parksl 69 Lme St - Park Children's Museum of the Highlands Sebring Middle School ECenet - AA Sebring Fire Dept Ave Sl S a Miasiuntum P 5 Center AV Highlands Little Theatre Highlds ArtLe.ue D SWall S 0 Rose Ave - - Highlands op County n Legend SRe State Road Glosure Local Road Gloseve Paiing Resfetlous Nerthbeund Detour Southbound Detour e s 3 S 6 6 62 - 1 nve 2N C C Sippin on the Circle St spes Event Site (17) PaIksI Lime St - Park Children's Museum of V the Highlands Sebring Middle School AA ECenet Ave - * Sebring Fire Dept S S a S A Nastuntum 5 AV Cener Highhds ArtLeue D S Wall 0 Highlands Little Theatre Rose Ave - - Highlands County op mi G se Legend Event Area s n a S o 6 - - ATTACHMENT C SEBRING POLICE DEPARTMENT ESTIMATE 307 North Ridgewood Drive, Sebring, Florida 33870 (863)471-5108 DEPARTN LAW ENFORCEMENT SERVICES RELATING TO: Highlands Art League /Rotary Club of Highlands County, Sippin' Ont the Circle POE Box 1693, Sebring, FL33871 (863)632-0202 enrondus03@onallcom Qty. 1.00 1.00 ESTIMATE NUMBER 2025SOTC-01 ESTIMATE DATE January 24, 2025 EVENT DATEMarch 29, 2025 Unit Price 45.00 $ 5.00 $ Hours 6 6 Description Amount Police Officer @ $45 per hour (4:00F PM-10:00PM) $ 270.00 30.00 SPD Marked Patrol Vehicle $ THIS IS NOT A BILL/INVOICE SUBTOTAL $ TOTAL 300.00 $300.00 DIRECT INQUIRIES REGARDING ESTIMATE TO: Police Inspector Tommy Haralson (863) 471-5108 email: mpAARmyPESRcON A Tradition of Professional Law Enforcement Dedicated to Family and Community! EBRIN EBRING ciy OW THE CIRCLE OEPARIT CITY OF SEBRING - FIRE DBPARTMENT 301 North Mango Street Sebring, Florida 33870 (863) 471-5105 Bill To: Rotary Club of Highlands County EVENT: Sip'n on the circle 2025 ESTIMATE NUMBER Fire 1282025 ESTIMATE DATE January 28, 2025 Qty. 7.00 7.00 UNIT HR HR Description Rate Per Unit $ $ Amount Rescue Cart 1 (Hrs. for Sat.) Rescue Cart EMT 5.00 $ 45.00 $ 35.00 315.00 (Hrs. for Sat.) Second EMT will covered by on-duty staff TOTAL $ 350.00 Estimate only DIRECT INQUIRIES TO: Assistant Chief Riley (863) 471-5105 email: rkgleyemysebring.com This estimate was created using the best information available at the time it was created. Invoice may differ. from estimate. Invoice will be billed by actual hours worked. EBRING chy OW THE CIRCLE CITY OF SEBRING - PUBLIC WORKS Estimate 1421 Hawthorne Drive Sebring, Florida 33870 (863)471-5115 Bill To: Name: Rotary Club of Highlands County Invoice Number Address: PO Box 1693 City, State, ZIP: Sebring, FL: 33871 Sippin' On The Circle Craft Beer Fest Estimate Date January 30, 2025 Event: Qty. 1.00 1.00 2.00 8.00 1.00 UNIT ea. ea. ea. ea. ea. Description Road Closure/Breakdown Dumpster Employee on Site During Event Stage Rental Rate Per Unit $ 350.00 $ 75.00 $ $ 200.00 $ $ 32.00 $ $ 150.00 $ Amount 350.00 75.00 400.00 256.00 150.00 Blues Cans/Trash Pick-up (1 days @ $75/day) $ SUBTOTAL $ 1,231.00 PAY1 THIS AMOUNT DIRECT INQUIRIES TO: Iris Cruz (863) 471-5115 email: riscruxmysebring.com MAKE ALL CHECKS PAYABLE TO: City of Sebring Attn: Finance Department 368 South Commerce Avenue, Sebring, Florida 33870 PLEASE NOTE THE INVOICE NUMBER ON YOUR PAYMENT. PAYMENT IS DUE UPON RECEIPT OF THIS INVOICE. CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 PRESENTER: Kevin Cortina AGENDA ITEM#: 8D -Waiver ofCivic Center Fees BACKGROUND: Attached please find correspondence from Mr. Kevin Cortina, representative for the Spanish Congregation ofJehovah's Witnesses. Mr. Cortina is requesting the use oft the Civic Center on April 12, 2025 to hold a Religious Service to remember Christ's Death. The meeting will be open to the public and no collections will be taken or admission charged. Mr. Cortina is also requesting waiver ofall Civic Center fees. REQUESTED MOTION: Approve request as presented. COUNCIL ACTION: APPROVED DENIED TABLEDTO: OTHER Moved by: Carlisle Havery Seconded by: Mendel Stewart Bishop. JACKSTROUP CIVIC CENTER 355 W CENTER AVE SEBRINGI FL33870 Sebring City Hall 3685Commerce. Ave Sebring FL3 33870 863-471-5100 Ph/863-471-5142fax EBRING cmy oW T46 CiRas FACILITYRENTAL AGREEMENT Date of Application: '/s/as Application Received by: GRB Name ofl Indwdua/Organtzation Responsible for Rental Agreement" 6/ Kevin Corting Spaniih Congregation oF Sehovah's witnesses Organization! Name (if applicable) Streeta address, City, State, Zip: Contact Phone Number: 3621 Hammeck Rh. Serins FL 33872 Email: 843014 3858 Corhnakwe Omail . coY Individual must be 21 years of age and the person executing this Agreement. Must present Photol ID Address on Agreement and Photo ID must be the same. Date of Event: Type of6 Event: City Resident Non- City Resident $35 (inside city limits)/$50 (outside city limits) per hour fee City Resident/Business: NoK Flat Rate: $150.00 $200.00 Microphone Needed: Yes_ V No April 12, 20a5 Yes Religias Sesvice opew o the F-blic WEEKDAY RENTAL RATE-8:00 AM1 TO5 5:00 PM (MONDAY1 THROUGHI FRIDAV) Total: After 5:00PM there will bea an additional Number of additional hours requested: PIe Sales Tax** Total Due: G Deposit ($250.00 For Resident/9300.00 For Non- Resident) WEEKEND RENTAL RATE- -8 8:00 AM1 TO MIDNIGHT SATURDAF-SUNDAT Flat Rate: $1,000.00 $1,250.00 Total: / UoA City Resident Non- City Resident Ift the renter wishes to reserve the Civic Center the day prior and/or the day after the scheduled event for the purpose of decorating, etc, the rental rate would be $200.00 per day plus tax for these purposes only Sales Tax** Total Due: 1. Deposit ($600.00F For Resident/$700.00 for Non-Resident) Revised 7/23 JACKS STROUP CIVIC CENTER 355 W CENTER AVE SEBRINGFL33870 Sebring Cityl Hall 3685C Commerce Ave Sebring FL 33870 863-471-5100 Ph/863-471-5142Fax EBRING chu oW 76 CIRCE FACILITYRENTAL AGREEMENT Approximately 14 working days are required for processing of the rental deposit refund. Refunds will be sent to the **Is your organization exempt from Florida Sales Tax? Ves_ No_ Ifyes, please attach a copy of your DR-14 tax exemption form. "*Government Entity using façility for a government purpose = No Charge **** Deposit Fees may Iindividua/organiation that is responsible for thel Rental Agreement. bev waived for frequent users. Official Use Only Amount Paid: Receipt No: Amount to be Refunded: Paid by: Check_ Authorized By:. Credit Card Verified By:. Cash_ Date: Payment Received By:. Ihave received a copy of the rules for use of the Jack Stroup Civic Center (page 4 oft this agreement) and will abide by those rules. It is understood and agreed that the Responsible Party, upon execution of this agreement, assumes all liability for destruction of property, injury to person or property during the period of the use of the facility, and that all rules are followed. The Responsible Party further agrees, by the execution of this agreement, to defend any suits or causes of action brought against the City and to hold the City harmless for any causes of action ofi its acts or omission arising out of the use of the premises. Also, Responsible Party agrees to pay the City of Sebring for any additional overtime charges that are incurred because ofy your event. 1a8la5 Date Party Kevin Cortinn Printed Name of Responsible Party Keys/Microphone Pick-Up Keys picked up on Microphone picked up on Keys/Microphone Returned Keys returned on Microphone returned on. by. by. by by. 2. Revised 7/23 JACKS STROUP CIVIC CENTER 355 W CENTER AVE SEBRING FL: 33870 Sebring City Hall 3685Commerce Ave Sebring FL33870 863-471-5100 Ph/863-471-5142fax EBRING chy on T46 CIRCE ROOM: SET UP FORM (This form must be submitted to City Hall 2 weeks prior to the event) Please use the diagram below to show the requested placement of the tables and chairs. Name of Organiation/Responsible Party: Spanih Congryptian Behovnkn Wineyes Date of Event: Ap 1, 2025 Type of Function: Reliyuns Sovks opbr o public Number of People Attending: Tables: Long: (amount) Round: (amount) Chairs: (amount) Exit Kitchen Restrdoms Stage Spare Room Exit 3. Revised 7/23 JACK STROUP CIVIC CENTER 355 W CENTER AVE SEBRING FL3 33870 Sebring City Hall 368 S Commerce. Ave Sebring FL 33870 863-471-5100 Ph/863-4715142Fax EBRING cny on 76 CIRCE FACILITY RULES 1. Reservations must be made at Cityl Hall Office during normal business hours. 2. Responsible person must be atl least 21 years of age and hold a valid Driver'sL License. 3. The Civic Center canl be used during the hours of 8:00am to! 5:00pm (Monday through Friday) and 8:00am through 12:00am midnight Saturday/Sunday). The event must end, building cleaned and everyone, including materials and 4. No tacks, staples, nails, tape, pushpins, etc. mayl be used in decorating walls or ceilings. Nothing is to be stapled to 6. Alcohol is permitted inside the building only. No alcoholic beverages are permitted outside unless a waiver of the 8. The keys (one fort the center and one for the dumpster) must be picked upa at City Hall during normal business hours and must ber returned to the City Office during normal business hours the next business day. Only applicant or 10. Kitchen facilities are available and shall be the responsibility of the user to provide for all utensils, tablecloths, broom, dust pans, etc. and for the removal of same upon completion of event. Kitchen facility, tables, and chairs are to! be left ina a clean manner. Floors are to be left broom clean. No substances shall be placed on the floor to enhance dancing or for any other purpose. User shall provide own, garbage bags and deposit garbage in locked 11. No outside electrical equipment or sound systems may be brought in unless cleared byt the City Administrator's 12. Ify you are using the City's microphone, it will be your responsibility to make sure your pick the microphone up at City Hall at the time you pick up your rental keys. Microphone must be turned in to City Hall when returning your rental 13. Responsible party shall lock doors; turn off! lights. AC/Heating unit shall not be turned lower than 72 degrees during 14. No telephone reservation willl be accepted. Payment must be made int full at time of reservation. If payment is made less than 30 days before the event, a personal check will not be accepted (only cash, cashier's check, credit card or money order). Refunds, unless otherwise. approved by Council, will not be given without at least a 60-day 15. Int the event the fire alarm is pulled for a non-emergency purpose you willl lose your full deposit. 16. No outside furniture (tables, chairs, etc.) are to be brought in unless all bottoms have a rubber sole to prevent scratching on the wood floor. Scratching of floor will resulti inl loss of your full deposit. Proof of rental for chairs, 17. The deposit will be refunded onlyi ift the! building and grounds have been cleaned and lefti in good condition and all rules have been followed. Failure to comply with any of the cleaning and/or rules or any damage will resulti in 18. Violation of any of these rules may result in forfeiting your right to rent thet facility in thet future. THERE WILL BE A$15.00 CHARGE DEDUCTED FROM YOUR DEPOSIT IF THE KEYS ARE NOT RETURNED THE NEXT BUSINESS DAV. equipment, vacated by hours! listed. the tables or chairs. SMOKING IS PROHIBITED INSIDE THE BUILDING open container ordinance has been granted by City Council. 7. Fire! Laws prohibit occupancy of more than 265 people. designee can pick upt thel keys. 9. No tables, chairs or other city equipment will be removed from the premises. dumpster located outside the! building. Office. DJ SYSTEM IS ALLOWED keys. event. notice. Reservations can be made six months in advance. table caps must be approved at the city office. forfeiture of your deposit. AFTER HOURS EMERGENCY: PLEASE CALL 863-991-3606 4. Revised 7/23 Renee Brady From: Sent: To: Cc: Subject: Robin Ballard Tuesday, January 28, 2025 3:30 PM Scott Noethlich; Renee Brady cortnakewin@gmail.com FW: Civic Center Agreement Good afternoon. Please see below email request from Kevin Cortina. Have a great day! Robin Ballard EBRING cnyon THE CIRCE 368 S Commerce Ave Sebring FL: 33870 863.471.5100 From: Kevin Cortina corinakevinegmal.com, Sent: Tuesday, January 28, 20253:26PM To: Robin Ballard robinbalard@mysebring.com> Subject: Re: Civic Center Agreement January 28, 2025 Dear Mr. Scott Noethlich - My name is Kevin Cortina acting as a representative for the Spanish congregation of Jehovah's Witnesses. The following is to request to be placed on the next available agenda to go before City council, to request a waiver of fees concerning the use of the Jack Stroup Civic Center for the date of April 12, 2025. We plan on conducting a religious service consisting of a Bible discourse to remember Christ's death. This meeting is open to the public and no collections will be taken or 1 admission charged. We are very grateful for your consideration of this request. Sincerely yours, Kevin Cortina (representative) OnTue, Jan 28, 2025 at 11:58. AM Robin Ballard obinpalardemysebrng.comPwrote: Good afternoon. April 12, 2025 is available. To request waiver oft fees, please reply to this email with the completed agreement, along with a copy of your 501(c)3. Ini the body of your email, you will request to be placed on the next available agenda to go before council to request waiver of fees, explain the reason for the request, the purpose of the event and that iti is open to the public. Please address the email to Scott Noethlich, City Administrator. On receipt, Iwill forward the email to him and his assistant who will reach out to you. Ihave puty youi in the calendar pending council. Please let me know ify you have any questions or need assistance. Have a great day! Robin Ballard 2 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 PRESENTER: Boggus AGENDAI ITEM:# 8E-P Plant #4 Water Tower Demolition - ITB #25-002 Bid Acceptance Recommendation BACKGROUND: On January 3, 2025, submittals for ITB #25-002, Water Tower Demolition were opened (please see Attachment A = Bid Tabulation Sheet). Staff requested a "Bid Recommendation" (Attachment - B) from Craig A Smith and Associates (CAS). CAS is the engineering firm the City hired to create bid specifications and engineering oversite for this project. Attached is CAS's letter of bid recommendation which finds "Milburn South East LLC as the lowest most responsive and responsible bidder in the amount of $264,000.00. The 2024/2025 FY approved budget includes funding for the demolition of this water tower in the amount of $300,000.00. Milburn South East LLC's bid came in at $36,000.00 under budget. Attachments: A.ITB #25-002 Notice of Intent to Award and Tabulation Sheet. B.Craig A Smith Bid Review and Recommendation Letter. For Council's consideration, Staff submits the following recommendations: 1. Accept Milburn South East LLC bid in the amount of $264,000,00. 2. Instruct the City's Attorney to prepare the necessary contract for the completion of this project. REQUESTED MOTION: Approve Staff's recommendations as presented. COUNCIL, ACTION: APPROVED Moved by: DENIED Carlisle_ TABLED TO OTHER Seconded Stewart Havery Mendel Bishop Attachment -A Sebring Water Tower Demolition! Bid Results H20 Towers LLC Milburn SEI LLC Champlon Services ITEMNO DESCRIPTION BIDITEMS1-5 Qty. UNIT UNIT COST 1 LS $1,000.00 LS $0.00 LS $0.00 TOTAL UNITCOST TOTAL UNIT COST TOTAL MOBILIZATION $10,000.00 $30,000.00 $30,000.00 $25,000.00 $25,000.00 MAINTENANCE OF TRAFFIC (M.O.T.) PRE-CONSTRUCTION: VIDEO1 TAPES TANKI DEMOLITION; CONTINGENCY ALLOWANCE: Addendums Acknowledged Contractors Questionnaire Form Acknowledgment of OSHA Standards Contractor Qualification! Form Floridal Trench Safety Act Submittal Were alll items submitted with! bid suhittal $0.00 $0.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $4,000.00 $4,000.00 $1,000.00 $1,000.00 LS $198,400.00 $198,400.00 $222,000.00 $222,000.00 $415,000.00 $415,000.00 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes BID1 TOTAL, ITEMS 1-5 $218,400.00 $264,000.00 $455,000.00 Cityo ofs Sebring Water Tower Demolition 0823085/08908:2023 00410-11 EBRING OW THE CIRCIE JOHN SHOOP, MAYOR COUNCIL: ROLANDI BISHOP, PRESIDENT JOSH STEWART, PRO-TEMPORE HARRISONI HAVERY LENARD CARLISLE TERRYMENDEL CITYCLERK/TREASURER KATHYHALEY, CMC SCOTT NOETHLICH CITYA ADMINISTRATOR PENNY ROBINSON ASSISTANTO CITY ADMINISTRATOR chy 368 SO. COMMERCE.AVE. SEBRING, FL 33870 (863)471-5100 (863)471-5142IFAX, NOTICE OF INTENTTO AWARD DATE: BID: January 24, 2025 ITB 25-002 PROJECT NAME: CONTRACTOR: Water Tower Demolition Milburn Southeast LLC This notice is to inform all respondents to the above referenced solicitation of the City of Sebring's intent to recommend the above contractor to the City Council for award as the lowest responsive and responsible bidder. Any person who is adversely affected by the agency decision or intended decision can file with the agency a notice of protest in writing within 72 hours after the posting of A final decision based on thel best interest oft the City of Sebring will be made by City Council at the the notice of decision or intended decision. February 4, 2025 meeting. Jamee Cook City of Sebring, Purchasing. Agent Phone: 863-471-5110 368 South Commerce Avenue; Sebring, Florida 33870 Attachment -B Cs CRAIGA SHITHBASSOCIATES PUMUIMAREGMeN January 24,2025 Ms. Jamee Cook Purchasing Agent City of Sebring 368 South Commerce Ave. Sebring Florida 33870 RE: BID RECOMMENDATION FOR CITY OF SEBRING WATER TOWER DEMOLITION PROJECT CAS PROJECT NO.: 08-23-065 Dear Ms. Cook, Craig A. Smith & Associates (CAS) has performed its review of the three (3) bid proposals received on January 3rd, 2025 at 3:00 pm, for the water tower demolition project. Our review strictly tabulates bid item totals and evaluates the overall submittal packages from the three (3) bidders (see the attached bid comparison for the bid results). Based on the copies of the contract forms provided, we have reviewed the bid proposals for document completeness including addendum acknowledgements, contractor's license, and references. The bid results for the three responsive and responsible bidders are as follows: H20 Towers LLC. Milbum South East LLC Champion Services. $218,400.00 $264,000.00 $455,000.00 H20 Towers is the apparent lowest bidder with a bid total price of $218,400.00. However, their bid did not follow the contract specifications which stated that the water tower Inli lieu of this the second lowest bidder, Milburn South East LLC with a bid price of We have verified that Milburn South East LLC. has satisfactorily completed projects as aGeneral Contractor for similar work. Is spoke with the city of Tampa who had numerous demolition projects with Milbum South East LLC which were always successfully completed. Their other references were also contacted and all had nothing but Milburn South East LLC. has submitted the required forms and documents in accordance with the bid requirements. Based on their bid total and our review, document completeness, reference checks and their previous track record, CAS hereby recommends the award to Milburn South East LLC as the lowest most responsive and responsible bidder with al bid total of $264,000.00. cannot be tipped over rather it must be dismantled in plaçe. $264,000 is the lowest most responsive and responsible bidder. accolades concerning their work. 954.782.8222 DccrlciBcach 14255 NayponCemeyDme L33142 V crgasmt.com T ee 00 Paichasing Agent AI HNWERSSGCTAYIS Page 2of2 CAS Project No 08-23-065 Upon your selection and approval, CAS wil contact the contractor and issue the Notice of Award. Ifyou have any questions or require additional information, please contact me directly. Sincerely, CRAIG A. SMITH & ASSOCIATES GregA. Gianataua Greg Giarratana Senior Supervising Engineer Enclosures CC Jay Angell, City of Sebring Utilities Daniel E. Shonk, PE NCas-elPiopriscnes, Vdages_ TownsiSebringi08- 23-065 Sebnngl OWEMENGINEERINGICORRESPONDENCELATenLTR-12425-RecomAward Lettero doc 954.782.8222 425 Newport Center Dne XPAIRASIANcOIV CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 AGENDA ITEM#: 8F-Road Management Plan PRESENTER: Kramer BACKGROUND: Our road network is a critical asset, serving as the backbone of our transportation system, supporting economic activity, public safety, and quality oflife. However, challenges such as deteriorating road conditions, traffic congestion, accidents, and inefficient maintenance practices are impacting road performance and increasing costs. To apply for funding from the Florida Department ofTransportation to assist with road and sidewalk reconstruction, a Pavement Management Plan (PMP) must be developed. The PMP will include an identification and development of pavement inventory; defining the pavement network into PMP (branches, sections, and samples); performing Pavement Condition Index (PCI) surveys of City maintained roadways; developing a pavement management database; determining current PCI values; and creating a summary report allowing enhanced decision making, improved maintenance efficiency, cost savings, safety enhancements, Kimley-Horn and Associates, Inc. met with stafft to assist with the application process for the FDOT SCOP grant program and explained the need for the PMP to qualify for funding. They are a part of our Library of Engineers and their service agreement to develop the PMPi is The current road condition report that the City has is very outdated and not a useful tool to adequately keep track ofthe current road conditions. Staff feels that this PMP will be of great value to the City of Sebring for maintaining our road systems as well as the grant funding that it sustainability as well as providing transparency & accountability. attached. will open. REQUESTED MOTION: Authorize the consultant services agreement with Kimley-Horn and Associates, Inc. to develop a Pavement Management Plan for $70,250 using Infrastructure funds. COUNCIL ACTION: APPROVED DENIED TABLEDTO: OTHER Moved by: Seconded by: Carlisle Havery. Mendel Stewart Bishop CONSULTANT SERVICES AUTHORIZATION (Development of Pavement Management Plan) THIS AUTHORIZATION is made this day of February, 2025 by and between CITY OF SEBRING, al Florida municipal corporation (herein referred to as the "CITY") and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation authorized to do business in Florida, (herein referred to as the "CONSULTANT"). In consideration of the mutual promises made herein and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, CITY and 1. CITY and Consultant entered into a Contract for Continuing Services dated July 30, 2024 2. The parties wish to include the development of a Pavement Management Plan as a 3. Consultant shall render the services and deliverables set forth in the Scope of Work for Pavement Management Plan, which is attached hereto and incorporated herein, in a 4. Unless sooner terminated as provided in the Contract, the term of this Authorization is forap period not to exceed 12 months beginning from the Kickoff Meeting date. 5. CITY agrees to pay Consultant the total lump sum of Seventy Thousand Two Hundred and Fifty Dollars ($70,250.00) for the satisfactory performance and delivery of work and deliverables described or referenced in paragraph 3 above. The total lump sum includes all out- of-pocket expenses, and such expenses shall not be separately billed by Consultant for reimbursement by CITY. Consultant shall submit detailed, monthly invoices based on Consultant's estimate of proportion of work completed. CITY shall review each of Consultant's applications for payment to determine that the application is acceptable in both form and substance. If acceptable, CITY shall make payment for such amount as is due thereunder within thirty (30) days following receipt of said applications for payment. If unacceptable, CITY shall sO notify Consultant, and Consultant shall provide such additional documentation as is reasonably 6. The Contract may be terminated as provided in the Contract for Continuing Services, and in the event CITY does so, Consultant shall grant CITY unlimited license to use the Work Product Consultant hereby agree as set forth below: (the "Contract"). separate Consultant Services Authorization under the Contract. professional manner. necessary to satisfy CITY's concerns. to complete any on-going projects, conditioned on the following: Page 1of3 A. Use by CITY of the Work Product is at CITY's sole risk and without liability or legal exposure to Consultant or anyone working by or through Consultant, including Consultant is paid by CITY all monies due under subparagraph 5 above. design professionals. B. 7. All documents provided by Consultant to CITY shall be in both hard copy and in digital, 8. The Contract shall be deemed a "continuing contract" under Section 287.055, Florida Statutes. Provisions may be amended and updated periodically as deemed appropriate by the parties to reflect changes in professional business practices and general economic conditions without invalidating the effect of the nature of the Contract. The Contract is terminable by hyperlink formats. either party with thirty (30) days written notice to the other party. -Intentionally Blank- Page2of3 IN WITNESS WHEREOF, the CITY and CONSULTANT have made and executed this Contract as of the day of February, 2025. Two Witnesses as to City: CITY OF SEBRING, a Florida municipal corporation By: Attest: By: (Printed Name), Roland Bishop, Council President (Printed Name). Kathy Haley, City Clerk (corporate seal) Two Witnesses as to Consultant: KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation authorized to do business in Florida R R (Printed Name). Justin Ham By: Mark E. Wilson, as its Senior' Vice President Worthington IAND aR - EE) NC Page e3of3 SCOPE OF WORK-F Pavement Management Plan Identification of Project: Project: City of Sebring Pavement Management Plan Client: City of Sebring, FL Kimley-Horn Project Manager: Paul Reit, PE Project Understanding Itis estimated that the City of Sebring has approximately 60 centerline miles of publicly maintained roadway infrastructure. The City desires to develop and implement al Pavement Management Plan (PMP) to identify pavement conditions for further investigation and project planning. The PMP will include an identification and development of pavement inventory; defining the pavement network into PMP (branches, sections, and samples); performing Pavement Condition Index (PCI) surveys of City maintained roadways; developing a pavement management database; determining current PCI values; and a creating a summary report. The survey and inventory will be conducted using a Pavement Condition Index inspection procedure as identified by the ASTM D 6433-24 Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys." The survey methodology is strictly a visual inspection performed by experienced pavement engineers in a' "boots on ground" method. The data collection includes approximately one sample per block- With this project understanding in mind, the specific scope of services to be provided by Kimley-Horn are to-block segment. described below. Specific Scope of Basic Services: Task 1-F Pre-Inspection System Development (Kick-Off Meeting, System Inventory, and Network Definition) A. Kimley-Horn will prepare for, and attend, a project kick-off meeting with City of Sebring staff. Project objectives, schedule, milestones, communication methods, and base information will all be discussed. Kimley-Horn will prepare meeting minutes after the meeting and circulate the minutes to meeting B. The City will provide all existing GIS mapping files, CAD files, maintenance data, recent record drawings, pavement compliant information, and any other updated information related to the City's Kimley-Horn will request to utilize any existing roadway GIS information available through the City to define the existing roadway network. If no GIS information exists, Kimley-Horn will use an existing publicly available GIS shapefile (Highlands County Open GIS Data Portal). The file willl be reviewed by Kimley-Horn for completeness and accuracy of the existing City street network. Kimley-Horn will assign each street as "City maintained" or "Non-City maintained." The developed street assignment will be submitted to City staff as an exhibit for review prior to inspection. Any roadways not maintained by the City will not be included fori inspection or this study. Iti is assumed that the City will provide markups of the maps and will be used as the basis for the development oft the network for the PMP. . Kimley-Horn will divide the existing roadway network into branches and sections as defined by. the ASTM D6433-24. Each street will make up a Branch. Each branch will be further segmented into Sections. Sections will be determined by street intersection, change in construction (age or material), participants. roadway pavements for development of the pavement network database. orc observed condition difference. A section ist the planning-level unit that condition data willl be analyzed Kimley-Horn will develop a PAVERTM database using the defined system inventory. The database will be calibrated to identify branchi identification, section data, and inspection data. The Section data will consist of the following: pavement, geometry, to, from, surface type, and estimated construction history. Construction history willl be updated based on al limited aerial review and documents received from the at, along with planning project development. City. Task 2- Data Collection (Visual Inspection) A. Kimley-Horn will prepare an inspection plan that identifies the areas of inspection. Each segment is assigned a number of inspected samples, based on an approximate 20% sample rate of the total available samples. The visual inspection area of a sample unit, as defined by ASTM D6433-24, is approximately 2,500sf+1,000: sf for flexible pavements, and 20 slabs: t 8 slabs for rigid pavements. B. Kimley-Horn will perform a visual pavement inspection to collect all pavement data. All data collection will be performed during day-time hours by "feet on the ground" method using measuring equipment accurate to the nearest one (1)foot. Inspections will bey performed in dry weather conditions by trained pavement inspectors. The pavement inspection process will locate, identify, and categorize all distresses visible in-field conditions in accordance with ASTM D6433-24 for flexible pavements (Dituminous asphalt concrete) and rigid pavements (Portland Cement Concrete). Pavement Structures such as brick paver or stamped concrete are not defined by the ASTM D6433-24 standard methodology, therefore, should any facilities of this material be encountered, ity willl be rated subjectively Kimley-Horn visual pavement inspection does not include the following items: Non-Destructive Deflective Testing (NDT), Subsurface Geotechnical Exploration (pavement cores, soil analysis, material testing), Ground Penetrating Radar (GPR) Exploration, American with Disabilities Act Code Assessment for sidewalks and or ramps, Line of Sight Assessment, Stormwater Infrastructure (inlets, basins, gutters, structures, swales, ponds, etc.), Signage Inventory or Assessment, Lighting/Visibility Assessment, Landscape Assessment (vegetation, planters, medians, barriers, etc.), Pavement D. Kimley-Horn will provide an online tracker website to convey the inspection progress during the by field personnel. Marking Assessment, or Construction Observation. inspection duration. Task 3- Data Analysis and Reporting A. Kimley-Horn will process the collected distress data (type, severity, and quantity) and calculate a Pavement Condition Index (PCI) for each sample, section, branch, and overall network level. The PCI will be calculated utilizing the developed PAVERTM pavement database. The distress mechanisms (load, climate, and other) willl bei inventoried and calculated for each segment. Each segment inventory (length, width, surfacei type, estimated construction history, and observed maintenance) willl be updated within the PAVERTM, database based on the observed conditions during the inspection. B. Kimley-Horn will develop al Pavement Condition Index (PCI) Exhibit depicting the condition results at the section level. The exhibit will be color coded to represent the ASTM D6433-24 rating system and annotated to detail the condition information. The exhibit will bel based on the GIS development during the System Inventory task and the developed database. 2 . Kimley-Horn will develop at technical report (Pavement Management Plan Report) that will describe the methodology and summarize the pavement inventory, pavement conditions results, distress analysis, and general recommendations. At ar minimum, thet technical report willi include: Methodology Summary, Pavement Inventory Summary, Pavement Condition Index (Network, Branch, Section, and Sample), D. Kimley-Horn will deliver a draft Pavement Management Plan Report for staff to review and comment. E. Kimley-Horn will revise the draft Pavement Management Plan Report one (1) time based on staff comments. Kimley-Horn will provide up to two (2) hard copies and one (1) electronic PDF copy of the and Photo Appendix. The draft report willl be provided by electronic PDF. final Pavement Management Plan Report to City staff. F. Kimley-Horn will prepare and deliver a presentation of the findings to City staff. Additional Services Services requested that are not specifically included will be provided under an amendment of this scope of services or as a new and separate IPO agreement or can be performed on an hourly basis upon written authorization. Any other services, including but not limited to the following, are not included in this PCI Prediction Modeling/Condtion Forecasting - Determines the pavement deterioration rate based on the current condition and estimated age at the time of inspection. Forecasted pavement conditions would be determined based on the performance model analysis. Forecasted pavement conditions can assist in the Maintenance & Rehabilitation (M&R) Policy and Cost Development = Determines a cost to several maintenance and rehabilitation policies for the repair and treatment of roadways. Typical maintenance policies include AC Crack Seal, Surface Seal, AC Patching - Shallow, and AC Patching - Deep. Typical rehabilitation techniques include mill and overlay and reconstruction. Each policy would be assigned a cost per square foot or linear foot. Each pavement segment would be analyzed for the M&R policy most Budget Scenario Analysis - Evaluation of the applied M&R costs to develop various funding scenarios. Each scenario provides greater insight ini the development of maintenance budgets, rehabilitation budgets, the effect of no budget or other budget amounts, evaluating the budget to maintain current condition and Project Planning = Development of a project plan for the City that identifies, prioritizes, and assigns a planning-level cost/policy to each pavement section as determined by the analyzed data, engineering DRIVE Tool DRIVE (Database for Roadway Inventory Visualization and Evaluation) Tool is a software tool that can be utilized by City staff to develop maintenance and capital renabilitation plan for every segment of the City's roadway network. The DRIVE tool allows for not only viewing of the condition data, but the ability to run and compare budget scenarios to make pavement rehabilitation decisions. Kimley- Horny would utilize the data collected to populate the DRIVE tool and provide recommended treatment types and costs for the City. Training on the tool would also be provided for City staff to utilize the DRIVE tool. Agreement: timing of projects, aiding in the development of Capital Improvement Plans (CIP). appropriate and provided a cost of the treatment. others. judgement, and City staff Involvemenlfedback. 3 Legend City County Private State Unimproved Sebring Boundary Datypi Sebring Pavement Management Plan Sebring Roadway Estimation- 57 Centerline Miles Estimated Samples 700 @: 20% oft total area EBRING cny OW THE CIRCLE CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 PRESENTER: Swaine AGENDA ITEM: 12A- Whisper Lake MHP = annexation Escrow Agreement BACKGROUND: Whisper Lake mobile home park is located in the County and the City provides utility service to the park. After the recent sale of a unit in the park, the new unit owner needed to establish a new utility account with the City. Sec. 23-1 of the Sebring Code requires an irrevocable annexation consent from the owner of the real property, where an outside City customer desires new water service. CHC, IV LTD is the owner of Whisper Lake mobile home park. The proposed Escrow Agreement attached as Exhibit Aj provides that CHC, IVI LTD's signed irrevocable annexation consent will be held in escrow until the earlier of: 1)a written agreement between the parties modifying the terms of the agreement; 2) a determination by the Sebring City Council at a public meeting that the City should not annex the subject properties; or 3) February 7, 2025. This time frame will allow the owner to investigate how the mobile home park will operate if annexed and to satisfy any concerns of the owner's lender. REQUESTED MOTION: Staffrecommends Council approve the Escrow Agreement as presented. COUNCIL ACTION: APPROVED DENIED TABLED TO: OTHER Moved by: Seconded by: Carlisle Havery Mendel Stewart Bishop. AGREEMENT THIS AGREEMENT (the* "Agreement") is made this 20Paye ofvanuary, Acbss by and between the CITY OF SEBRING (hereinafter the "City") and CHC IV, LTD, a Florida limited partnership, (hereinafter the "Owner") on the following terms and conditions, to wit: 1429 and 3501 Whisper Lake Boulevard in unincorporated Highlands County; and WHEREAS, the Owner owns the Whisper Lake mobile home park located at 1100, 1427, WHEREAS, the City requires the owners of all unincorporated real property to sign a Declaration ofCovenant for voluntary annexation into the City when a new water customer located on the unincorporated real property seeks to institute City water service on the site; and WHEREAS, the City has not been willing to provide water service to new customers on the Owner's real property absent a signed Declaration of Covenants, but is willing to grant a service request if Owner exccutes a Declaration of Covenant ("Declaration") and that signed Declaration is held in escrow; and WHEREAS, signing the Declaration and having it held in escrow is simply a way to NOW THEREFORE, in consideration of the mutual promises contained herein, the provide utility service to the subject real property. parties agree as follows: 1. The above recitals are true and correct. 2. Robert S. Swaine, attorney for the City, will act as Escrow Agent. Owner shall fully execute the Declaration shown as Exhibit A and deliver the original to Escrow Agent. 3. Once Escrow Agent receives copies of this Agreement and the Declaration, and confirms that both been fully and properly executed by the Owner, the City shall tur on utility service for the subject properties once it has received all documents and information that it customarily requires from an applicant for a new utilities account. Owner shall promptly deliver its exeçuted originals ofthis Agreement and the Declaration to Escrow Agent. 4. Escrow Agent is directed to hold the original Declaration in escrow and not record it until the earlier of: A) a written agreement between the parties modifying the terms of this agreement and directing Escrow Agent as to the Declaration; B) a determination by the Sebring City Council at a public mecting that the City should not annex the subject properties; or C) February 7, 2025. Upon the occurrence ofitem 4(B), Escrow Agent is directed to return the original unrecorded Declaration to Owner. Upon the occurrence ofitem 4(C), Escrow Agent shall record, or cause to bc recorded, the fully executed Exhibit A in the Public Records of Highlands County, Florida and deliver the original recorded Declarations of Covenant to the City. Page 1of5 Febply AGREED TO this 20ayo ofJanuary, 2024 by the City of Sebring. Two Witnesses as to City: ahhhll CITY OF SEBRING, a Florida municipal corporation RR302 Lenard Carlisle, Jr., Attest: mLenludy Kathy Haley, City (Printed Name). TFEN FHht (Printed Name) 460bm shmal Ballard f (corporate AGREED TO this 26"de day of. January, 2024 by CHC,IVLTD. Two Witnesses as to CHC, IVLTD: Kaos (Printed Name). CHC,IVTD,al Florida limited partnership By: 9EAA Mpe uasknPro Centlry Properties MHP, LLC, its General Partner, by Benjamin D. E. Falk, its Vice President and CFO (Printed LGeiger Ak Page 2 of5 Exhibit A Prepared by: Roberts.S Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL33870-3702 DECLARATION OF COVENANTS SUBDIVISION: WHISPER LAKE PHASESI&I CHC, IVI LTD, a Florida limited partnership (herein called "Declarant") is the owner in fee simple of certain real property (herein called the "Property"), located at 1100, 1427, 1429 and 3501 Whisper Lake Blvd., in Sebring, Highlands County, Florida, more particularly described on Schedule' "A" attached! hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive these services: water service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring (herein called the "City"), the Property shall be subject to annexation into said city limits ifand when the City Council determines such annexation is in thel best interest of the City. This declaration shall be considered an irrevocable petition to the City for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. Ifannexed, Declarant consents to all applicable non-ad valorem assessments This covenant shall run perpetually with and bind thel land, and shall inure to the benefito of by the City to facilitate any future annexation of the Property. levied on the real property within the City. and be enforceable by the City. Page 3 of5 The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaration for the Declarant and that it is fully enforceable under its terms. Dated this day of Two Witnesses: 2024. Declarant: CHC, IV LTD, al Florida limited partnership By: (Printed Name), Address: Century Properties MHP, LLC, its General Partner, by William D. Drost, its President and CEO (Printed Name) Address: STATE OF FLORIDA COUNTYOF. The foregoing instrument was acknowledged before me this day of 2024 as by means of D physical presence or D online notarization, of CHC, IV LTD, a Florida limited partnership, by Century Properties MHP, LLC, its General Partner, by William D. Drost, its President and CEO, who D is personally known to me or D produced identification. Notary Public (affix notarial seal) Return to: City of Sebring Utilities Dept. 321 N. Mango Street Sebring, FL33870 Page 4 of5 Schedule "A" Lots I to 187 of WHISPER LAKE PHASEI I, unrecorded, including all roads, recreation areas and canal lying in Section 14, Township 34 South, Range 281 East, Highlands County, Florida; and Lots 188 to 254, of WHISPER LAKE PHASE II, according to the plat thereof recorded in Plat Book 14, Page 51 oft thel Public Records ofH Highlands County, Florida, Being more particularly described as follows: being mpre particularly described as follows: 89° 35' 03" East (on an assumed bearing) 656.17 A parcel of land in the NW 1/4 of Section 14, Township 34 South, Range 28 East, said parcel Commencing. at the Northwest corer of said NW 1/4 of Section 14; thence run South to the Point of Beginning; thence continue South fsst 35/86" East 665.73 feet along said" North line, to a point of intersection; thence run South 86° 41' 19" East 1040.21 feet, toan intersection with the, Westerly, right of way line of State Road S-17 A; thence run South 45 12" 29" West 257.23 feet along said Westerly right of way line, to a point of curvature of a curve to the lefr; thence, along said, Westerly right of way line, on the of, said curve to the left, having a, radius of 844,48 feet, and central angle of 135 01" run Southerly 673.82 feec; thence run Norch 86° 41' West 601.10 feet,poa point of curyature of a curve to the lefc; thence along,the arc, of said curve to the, left, having a radius of 1298.33 feet and a central angle. of 2 53 44", run Westerly 65.61 feet Said lands istuate inl Highlands County, Florida, and containing 26.3872 acres, more or less. A portion of Section 14, Township 34 South, Range 28 East; Highlands County, Florida, being more particularly described as follows: Commence at the Northwest corner of Section 14; thence North 88°28'20" East and along the North line of Section 14 a distance of 165.25 feot for Point of Beginningi thence continue North 88°28'20" East and still along said line a distance of 490.52 feet; thence South 1°31'40" East a distance of 811.67 feet; thence North 88°28'20" East a distance of 610.14 feet to the Point of Curvature of a curve concave to the South; thence in a Edsterly direction and along the arc of said curve to the right (curve having for its elements a radius of 1168.52 feet. and a central angle of 3°13'00") a distance of 65.63 to the Point of Tangency of said curve; thence South 88°18'40" East a distance of 598.61 feet to a Point on the Westerly right-of-way line of State Road South 17-A said point being on the arc of a curve concave to the East; thence in a Southerly direction and along said right-of-way line and along the arc of said curve to the left (curve having for its elements a radius of 844.48 feet and a central angle of 7°00'06") a distance of 103.20: thence South 88°28'20" West a distance of 1459.08 feet; thence North 19°41'40" West a distance of 999.84 feet to Point of Beginning. along.the North line of said NW 1/4, of cangency; thence run North 890 35'03" Wesc 612.40 feet; thence run North 52039 24'57". East 811.67 feet. to the Point of Begimming. and Containing 11.091 acres. Parcel Identification Numbers: C-14-34-28-061-00A0-1880 C-14-34-28-060-00A0-0010 C1,425-06-0P0.000 C14,3425-00000P0.000 Page 5of5 FIRST AMENDED ESCROW AGREEMENT THIS AGREEMENT (he-"Agrement"): ist made this day ofJanuary, 2024, by and between the CITY OF SEBRING (hereinafter the "City") and CHCI IV, LTD, a Florida limited partnership, (hereinafter the "Owner") on the following terms and conditions, to wit: 1429 and 3501 Whisper Lake Boulevard in unincorporated Highlands County; and WHEREAS, the Owner owns the Whisper Lake mobile home park located at 1100, 1427, WHEREAS, the City requires the owners of all unincorporated real property to sign a DeclarationorCovenant for voluntary annexation into the City when ai new water customer located on the unincorporated real property seeks to institute City water service on the site; and WHEREAS, the City has not been willing to provide water service to new customers on the Owner's real property absent a signed Declaration of Covenants, but is willing to grant a service request if Owner executes a Declaration of Covenant and that signed Declaration is held ine escrow; and WHEREAS, signing the Declarations and having them held in escrow is simply a way to WHEREAS, the parties executed an Escrow Agreement on February 20, 2024 and wish NOW THEREFORE, in consideration of the mutual promises contained herein, the provide utility service to the subject real property; and for this First Amended Escrow Agreement to supersede the prior Escrow Agreement. parties agree as follows: 1. 2. 3. The above recitals are true and correct. Robert S. Swaine, attorney for the City, will act as Escrow Agent. Owner has fully Escrow Agent is directed to hold the original Declaration until the earlier of: A)a executed the Declaration shown as Exhibit A and has delivered the original to Escrow Agent. written agreement between the parties modifying the terms oft this agreement and directing Escrow Agent as to the Declaration; B) a determination by the Sebring City Council at a public meeting that the City should not annex the subject properties; or C) December 31, 2029. Upon the occurrence ofi item 4(B), Escrow Agent is directed to return the original Declaration to Owner. Upon the occurrence ofitem 4(C), Escrow Agent shall record, or cause to be recorded, the fully executed Exhibit A in the Public Records of Highlands County, Florida and deliver the original recorded Declarations of Covenant to the City. 4. Owner shall disclose the existence of the signed but unrecorded Declarations of Covenant to any prospective purchasers oft the: subject properties. Page 1 of5 AGREED TO this Two Witnesses as to City: day of 2025 by the City of Sebring. CITY OF SEBRING, a Florida municipal corporation By: Attest: By: (Printed Name) Lenard Carlisle, Jr., Council President (Printed Name) Kathy Haley, City Clerk (corporate seal) 2025 by CHC, IVLTD. AGREED TO this 26"day of Januany Two Witnesses as to CHC, IVLTD: R CHC, IVLTD, a Florida limited partnership By: bHdh Century Properties MHP, LLC, its General Partner, by President and CEO (Pénted William D. Drost, its (Printed Name) Gornoik S Page 2 of5 Exhibit A Prepared by: Robert S.Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL33870-3702 DECLARATION OF COVENANTS SUBDIVISION: WHISPER LAKE PHASES I&1 II CHC, IVI LTD, a Florida limited partnership (herein called "Declarant") is the owner in fee simple of certain real property (herein called the "Property"), located at 1100, 1427, 1429 and 3501 Whisper Lake Blvd., in Sebring, Highlands County, Florida, more particularly described on Schedule "A"attached hereto. For good and valuable consideration, and in exchange for the right for the Property toj pay for and receive these services: water service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring ( herein called the "City"), the Property shall be subject to annexation into said city limits ifand when the City Council determines such annexation is in the best interest oft the City. This declaration shall be considered an irrevocable petition to the City for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the: same may be amended from time to time. Ifannexed, Declarant consents to all applicable non-ad valorem assessments This covenant shall run perpetually with and bind the land, and shall inure to the benefit of by the City to facilitate any future annexation oft the Property. levied on the real property within the City. and be enforceable by the City. Page 30 of5 The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaration for the Declarant and that it is fully enforceable under its terms. Dated this day of 2024. Two Witnesses: Declarant: CHC, IVLTD, a Florida limited partnership By: (Printed Name). Address: Century Properties MHP, LLC, its General Partner, by William D. Drost, its President and CEO (Printed Name). Address: STATEC OE FLORIDA COUNTYOF The foregoing instrument was acknowledged before me this day of 2024 by means ofD physical presence or D online amabfCic.IT. Floridal limited partnership, by Century Properties MHP, LLC, its General Partner, by William D. Drost, its President and CEO, who Disp personally known to me or D produced asi identification. Notary Public (affix notarial seal) Return to: City of Sebring Utilities Dept. 321 N. Mango Strcet Sebring, FL33870 Page 4 of5 Schedule "A" Lots It to 187 of WHISPER LAKE PHASE I, unrecorded, including all roads, recreation areas and canal lying in Section 14, Township 34 South, Range 28 East, Highlands County, Florida; and Lots 188 to 254, of WHISPER LAKEI PHASE. II, according to the plat thereof recorded in Plat Book 14, Page 51 of the Public Records of Highlands County, Florida, Being more particularly described as follows: being mpre particularly described as follows: A parcel of land in the NW 1/4 of Section 14, Township 34 South, Range 28 East, said parcel Commencing, at the Northwest cormer of said NW 1/4 of Section 14; thence run South 89° 35' 03" East (on an assumed bearing) 656.17 feet along che North line of said NW 1/4, to the Point of Beginning; thence continue South 899 35' 06" East, 665.73 feet along said North line, to a point of intersection; thence run South 86° 41' 19" East 1040.21 feet, toan intersection, with the Westerly, right of way line of State Road, S-17 A; thençe run South 45 12" 29" West 257.23 feet along said Westerly right of way line, to a point of curvature of a curve to the left; thence along said, Westerly right of way line, on the arc of. said currve to the left, having a. radius of 844.48 feet, and central angle of 45_43' 01" run Southerly 673.82 feet; thence run North 86° 41" 1 West 601.10 feet,toa point of curvature of a curve to the left; thence, along, the arc, of said curve, co the, left, having a radius of 1293.33 feet and a central, angle., of 2 53' 44", zun Westerly 65.61 feec Said lands istuate in Highlands County, Florida, and containing 26.3872 acres, more or less. A portion of Section 14, Township 34 South, Range 28 East; Highlands County, Florida, being more particularly described as follows: Commence at the Northwest corner of Section 14; thence North 88°28'20" East and along the North line of Section 14 a distance of 165.25 feot for Point of Beginningi thence continue North 88°28'20" East and still along said line a distance of 490.52 feet; thence South 1°31'40" East a distance of 811.67 feet; thence North 88°28'20" East a distance of 610.14 feet to the Point of Curvature of a curve concave to the South; thence in a Eàsterly direction and along the arc of said curve to the right (curve having for its elements a radius of 1168.52 feet. and a central angle of 3°13'00") a distance of 65.63 to the Point of Tangency of said curve; thence South 88°18'40" East a distance of 598.61 feet to a Point on the Westerly right-of-way line of State Road South 17-A said point being on the arc of a curve conçave to the East; thence in a Southerly direction and along said right-of-way line and along the arc of said curve to the left (curve having for its elements a radius of 844.48 feet and a central angle of 7°00'06") a distance of 103.20; thence South 88°28'20" West a distance of 1459.08 feet; thence North 19°41'40" West a distance of 999.84 feet to Point of Beginning. of tangency; thence run North 890 35'. 03" West 612.40 feet; thence run North 59249395 24'57" East 811.67 feet. to the Poinc of Begimmning. and Containing 11.091 acres. Parcel Identification Numbers: C1,42500-00ADIBD C-14-34-28-060-060-00A0-0010 C-14-34-28-061-061-00P0-0000 C-14-34-28-060-060-00P0-0000 Page 5 of5 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 PRESENTER: Noethlich/Swaine AGENDA ITEM#: 12B-Partial Release of Development Agreement for Dedication of Right-of-Way tol Highlands County BACKGROUND: The City and CRF - Sebring MHP, LLC ("CRF") entered into a Development Agreement dated March 5, 2021 regarding the extension of wastewater utility lines toi its real property on the South and East side ofLittle Redwater Lake. CRF is moving forward with the development of that real property and needs to dedicate land to Highlands County for additional right-of-way to serve the development. Highlands County has asked for the Development Agreement to be released as to the area REQUESTED MOTION: Approve Partial Release as presented and authorize Council President Bishop being dedicated to Highlands County for right-of-way purposes. to execute the Partial Release and deliver it to the developer. Attachments: Attachment 1-2 2021 Development Agreement Attachment 2-1 Proposed Partial Release COUNCIL ACTION: APPROVED DENIED TABLED TO: Moved by: Seconded by: Carlisle Havery, Mendel Stewart Bishop. OTHER ATTACHMENT 1 3/17/2021 10:49:02 AM REC FEES: $103.50 D.C. MBRENES JEROME KASZUBOWSKI CLERK OF COURTS, HIGHLANDS CO. Prepared by and Return to: Timothy F. Campbell, Esquire Clark, Campbell, Lancaster & Munson, P.A. 500 Southl Florida Avenue, Suite 800 Lakeland, Florida 33801 lamphel@rclmlw.com DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ('Agreement") is made as of the 1 day of AGuc5L 2021, by and between the City of Sebring, 368 S. Commerce Avenue, Sebring, Florida 33870, (the "City"), and CRF - Sebring MHP, LLC, a Florida limited liability company, or its assigns, whose address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 (the "Developer"). WHEREAS, Developer is considering the purchase of all or a portion of a parcel of real property described in Exhibit "A," attached hereto and incorporated herein by reference ("Property"), that is located within the City of Sebring utility service area, for the development of an approximately 340-unit mobile home community ("Development Project"); and WHEREAS, the Development Project will generate significant utility revenues and provide WHEREAS, in order for Developer to purchase the Property and make the investment to develop the Development Project, it is necessary that wastewater utilities be available at the an economic benefit to the City, and; property boundary of the Property; and WHEREAS, the City is interested in encouraging the Development Project, in part, as a result of the economic benefit to the City and the additional City utility revenues that the Development Project will generate, and; WHEREAS, Florida state law requires that real property annexed to the boundary of an incorporated municipality must lie contiguous to the boundary oft the municipality, and; WHEREAS, at the present time, the Property is not contiguous to the municipal boundary WHEREAS, the Developer has agreed to execute a voluntary annexation agreement sO that the Property can be annexed by the City at such time that the Property becomes contiguous of the City, and; to the municipal boundary of the City; and WHEREAS, in order for the City to receive the benefits set forth herein, and as an inducement for Developer to purchase the Property, execute a voluntary annexation agreement, and develop thel Development Project, the City and Developer hereby enter into this Development Agreement. NOW, THEREFORE, for and in consideration of the covenants and promises set forth herein, the sum of Ten and no/I00 ($10.00) Dollars, and other good and valuable consideration herein specified, the receipt and sufficiency of which is hereby acknowledged, the parties agree 1. Recitals. The Recitals set forth at the beginning of this Agreement are hereby incorporated into this Agreement as if more specifically set forth herein as findings off factt toserve 2. Developer Obligations. As a condition precedent to receiving the benefit of this a. Purchase all or a portion of the Property for the Development Project; b. Execute a declaration of covenants in the form set forth in Exhibit' "B." C. Develop all or a portion of the Development Project; d. Design, engineer, permit and construct all wastewater improvements within the Property from the connection with the City's Wastewater Forcemain Extension that are necessary to serve the Development Project (collectively, the Wastewater Improvements) at Developer's sole cost and expense, pursuant to final construction plans approved by the City in an expedited manner in accordance with the City's as follows: as the public purpose and legal basis for this Agreement. Agreement, Developer shall do the following (the' "Developer Obligations"): customary plan approval process; e. Dedicate the Wastewater Improvements and a utility easement at least fifteen feet wide for the ownership, operation and maintenance of the Wastewater f. Own, operate and maintain the wastewater lines between the sewer g. Pay the standard wastewater connection fees and charges to the City for h. Design, engineer, permit and construct a connection from the City's existing twelve inch (12") potable water line, and all water lines and fire hydrants within the Property to serve the Development Project pursuant to City specifications (collectively, the "Public' Water Improvements) at Developer's sole cost and expense, pursuant to Improvements to the City; collection line and each home within the Development Project; each connection to the City's wastewater system; final construction plans approved by the City in an expedited manner in accordance with its customary plan approval process; i, Dedicate the Public Water Improvements and a utility easement at least fifteen feet wide for the ownership, operation and maintenance of the Public Water j. Own, operate and maintain the water lines between the meter for the Public Water Improvements and each home within the Development Project; and k. Pay the standard water connection fees and charges to the City for each I. Ifthe City completes the design, permitting and construction of the Wastewater Force Main Extension and receives the final approval from the Florida Department of Environmental Protection or other applicable agencies to operate the Wastewater Force Main Extension, Developer shall pay the City, within thirty (30) days after ther receipt of an invoice, supported by appropriate invoices and documentation, one- half oft the City Force Main Construction Costs Incurred (defined below) (the' "Developer's Cost Contribution", buti in no event: shall Developer's Cost Contribution be greater than 3. CityObligations. Subject to the Developer's completion of the Developer Obligations Improvements to the City; home that connects to the City's potable water system. $200,000.00 (the "Developer's Maximum Cost Contribution'). as set forth above, the City shall be obligated as follows (the "City Obligations"): a. Design, engineer, permit and construct (the "City's Work") an extension of the City's existing eight inch (8") municipal wastewater force main to the Property as generally depicted in Exhibit "C" (the Wastewater Force Main Extension"), all pursuant to the City's competitive bid process and substantially within the following time line: Design: Commence within thirty (30) days after the Effective Date, and Permitting: Commence within thirty (30) days after the completion of the Bidding Process: Commence bid process for the approved and permitted plans for the Wastewater Force Main Extension within thirty (30) days after receipt of written notice from Developer that it has closed on the purchase of the Construction Contract: Enter into construction contract with City's selected contractor to construct the Wastewater Force Main Extension within sixty (60) days after the bidding process providing for commencement of construction of the Wastewater Force Main Extension pursuant to the approved and permitted plans within thirty (30) days after the effective date of the construction diligently pursue until completion, design plans, and diligently pursue unti completion. Property, and diligently pursue until completion., contract and completion of construction within thirty (30) days after b. Promptly and diligently pursue the City's Work for the Wastewater Force Main Extension, provide monthly status reports to Developer regarding the City's Work, and provide an invitation to Developer to attend any design, engineering, construction or regulatory meeting whether it bei in person, or by video or telephone conference; tod design, engineer, permit (including any reimbursements to the Developer, ifa any, as set forth above) and construct (or the portion thereof completed by the City) the Wastewater Force Main Extension, supported by appropriate Invoices and documentation, ("City d. Own, operate, maintain and replace, if and when necessary, the Wastewater Force Main Extension, the Wastewater improvements, the Public Water Improvements (including the individual house meters), and all other City owned wastewater improvements and Public Water Improvements at the City's sole cost and expense, except those portions described in paragraphs 2.f. and 2.j. of this Agreement 4. This Agreement may be duly recorded in the public records of Highlands County, 5. This Agreement is governed by and interpreted in accordance with the laws of the 6. Any notice hereunder shall be given in writing to the party for whom it is intended, in 7. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. All rights hereunder may be assigned by the Developer to successors in interest to all or any portion of the Property and to other parties as specifically authorized. above, provided that notice of each assignment shall be given in writing to the City. 8. No modification of this Agreement shall be valid or binding unless such modification is inwriting, duly dated, and signed by both parties. This constitutes the entire agreement between the parties. Neither party shall be! bound by any term, conditions, statement, or representations, commencement of construction. Provide the Developer with a report of the final costs incurred by the City Force Main Construction Costs Incurred"); that Developer shall continue to own, operate and maintain. Florida. State of Florida. person or by certified mail, at the addresses first set forth above. oral or written, not contained herein. 9. Further Assurances. In addition to the obligations required to be performed by the parties hereto, the parties agree to perform such other acts, and to execute, acknowledge, and deliver such instruments, documents and other materials, as either party may reasonably request inc order to effectuate the consummation oft the matters contemplated herein. 10. Time of Essence. Time is oft the essence of this Agreement and in the performance of all conditions and covenants to be performed or satisfied by either party hereto. Waiver of performance or satisfaction of timely performance or satisfaction ofa any condition or covenant by one party shall not be deemed to be a waiver of the performance or satisfaction of any other condition or covenant unless specifically consented to in writing. Whenever a date specified herein shall fall on a Saturday, Sunday or legal holiday, the date shall be extended to the next succeeding business day. For purposes of the foregoing, "Business Day" will mean any day, other than a Saturday, Sunday or legal holiday, on which the City of Sebring is open for business. 11. The effective date of this Agreement ("Effective Date") shall be the date upon which. the last of the parties hereto executes this document, which date shall be inserted at the beginning of this Agreement. IN WITNESS WHEREOF, and as authorized by the City Commissioners, the parties have executed this Agreement to be effective as of the Effective Date. Two Witnesses as to City: Abhhl TnyHtht CITY OF SEBRING, al Florida municipal CD.A terard B. Carlisle, Jr., Coundl Presideh. corporation Attest:, y: HIII, GATY OF" (Printed Toslla Kathy Haley, CityClelk, Name). ossta Date: Gnuart/s STATEOFFLORIDA COUNTY OF POLK 2021 (corporate-seal) a C Thef foregoing instrument was acknowledged before mel by meansof B physical presence Lg B.Celsle Jr as PresidtGh, bindofth the Cty of Sebring, aFlorida municipal corporation, who is personally known to me or 0 who produced online notarization, this St day of gnkan 2021, by asi Identification. (NOTARY SEAL) 16.2 2083 EXPPES FBayE Public- State Florida Notary Print Name: My Commission Expires: of Two Witnesses as tol Developer: Qupchtp) Eunlllyn (Printed Name/ Date: December 3L,2 2020 CRF-SEBRING MHP, LLC, a Florida limited liability company (Printed Name). AMMLUCHIA By: Century Properties- -N MHP, LLC,a Florida limited liability company, its Manager hilidils William D. Drost, President BY: Ccbuptr STATE OFFLORIDA COUNTYOFPOLK Thet foregoingi instrument was acknowledged beforer mel by meansof R physical presence or D online notarization, this 31* day of December, 2020, by' William D. Drost, as President of Century Properties - MHP, LLC, al Florida limited liability company, the Manager of CRF-SEBRING MHP, LLC, a Florida limited liability company, B who is personally known to me or D who produced (NOTARY'SEAL) as identification. Abihthhw Notary Public- State ofF Florida, Print Name: EhehahASire My Commission Expires: 04/19/2022 M NotaryPublics State ofFlorida MyCommiasion Elizabeth/ AS Suco GG1 184505 Expies 04/102022 V Exhibit"A" (Property) PARCEL (CI)48-A00059000); All of Government Lots 6 and 7, a/ka the East 1n2 of the Soutbeast 1/4, of Section 12, Towaship 34 South, Range 28 East, Highlands County, Florida, and that portion of Government Lots 5 and 8akla West I2 oft the Southeast 1/4 of Section 12, Township 34 South, Range 28 East, Highlands County, Florida, particularly described as follows: Beginning ai a point on the Southeast corner of sald Government Lot 8, whichi is 59 feet Nortb of the Southeast corner ofs said Government Lot 8, thence N 400 W, along the Northerly side ofa county road, 950 feet to . point, thence N: 34928' Eto ap poiat of (he East lIne ofs said Govermment Lot 5, thence South The South 3/4 oft the West 12 of the Southeast 1/4 ofthe! Northwest 1/4, and the South: 3/4 of the East 1R2 oft the Southwest 1/4 of the! Northwest 1/4, and the West i of the Southwest 1/4 oft the Northwest 1/4, and Northwest 1/4 oft the Northeast 1/4 of the Southwest 1/4, and Northwest 1/4 oft tbe Soutbwest 1/4, and Southwest 1/4 ofthe Soutbwest 1/4, all lying in Section 7,Township: 345 South, Range 291 Easl, Highlands County,Floridaj AND The West four acres of the East 1/4 of Section 13, Township 34 South, Range 28 East, Highlands County, along the East! line ofsaid Government Lots5 and8t to the point ofbeginning; AND ACL/CIERADMAAW: PARCEL (CI3415A00050000: Florida, lying Northeast ofa abandoned rallroad Exhibit "B" Preparedl by: Roberts S. Swalne Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Bowers Block CRF-S Sebring MHP, LLC, al Florida limited liability company (herein called" "Declarant"), is the owner. in fee simple of certain real property (herein called the "Property"), located at 25341 Beacon. Avenue, Sebring, FL 33870 in Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, andi in exchange for the right for the owner oft thel Property to pay for and receive the service(s) with respect to thel Property checked below from the City of Sebring: M water service M sanitary sewer service D fire hydrants a fire protection service Declarant hereby declares that thel Property shall be subject to the following covenant, which shall constitute a covenant running witht the Property and shall be binding on: all parties having any right, title or When the Property becomes contiguous to the city limits oft the City of Sebring, thel Property shall be subject to annexation into said city limits ifa and when the City of Sebring City Council determines such annexation isi in the best interest oft the City. This declaration shall be considered ani irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, fori itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring toi facilitate any future The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Section 171.0413, Florida Statutes, as the same may be amended from time to time. Ifa annexed, Declarant consents to all applicable non-ad valorem assessments levied on the This covenant shall run perpetually with and bind thel Property, and shall inure to the benefit of and The undersigned covenants under the penalty of perjury that they are fully authorized to sign this interest int thel Property, their heirs, successors and assigns. annexation of thel Property. Property within the City of Sebring. bee enforceable by the City of Sebring. Declaration for the Declarant and that itis fully enforceable underi its terms. Dated this day of 20_ Exhibit' "B" (Three Pages) Two Witnesses: (Printed Name). (Printed Name) STATE OF FLORIDA COUNTYOFPOLK Declarant: CRF- Sebring MHP, LLC,a Florida limited liability company By: Century Properties MHP, LLC,a Florida limited liability company, its Manager By: William D. Drost, its President IHEREBY CERTIFY that the foregoingi instrument was acknowledged before me this day of December, 2020, by means of B physical presence or D online notarization, by William D. Drost, as President of Century Properties MHP, LLC, al Florida limited liability company, the manager of CRF- Sebring MHP, LLC, al Florida limited liability company, who is personally known to me or who produced asi identification. Return to: City of Sebring Utilities Dépt. 321 NI Mango St Sebring, FL: 33870 Notary Public Commission No.: (affix notarial seal) Exhibit "B" (Three Pages) Schedule "A" tol Declaration of Covenants PARCEL (CI2328-A00050); All of Government Lots 6 and 7, a/k/a the East in of the Southeas! 1/4, of Section 12, Towaship 34 South, Range 281 East, Highlands County, Florida, and that portion of Government Lots Sand 8alkla West 12 ofthe Southeast 1/4 of Section 12, Township 34 South, Range 28 East, Highlands County, Florida, particularly described AS follows: Beginning at a point on the Southeast corner ofs sald Government Lot 8, which is 59 feet North of the Southeast corner of said Government Lot 8, thence N 400 W, along the Northerly side ofa county road, 950 feet to point, thence N3 34028' Et to a poist oft the East line of said Government Lot 5, thence South The South 3/4 oft the' West 12 oft the Southeast 1/4 oft the Northwest: 1/4, and the South 3/4 of the East 12 ofthe Southwest 1/4 oft the Northwest 1/4, and the West 1n2 oft the Soothwest 1/4 of the Northwest 1/4, andl Northwest 1/4 ofthe? Northeast 1/4 oft the Southwest 1/4, and Northwest 1/4 of the Southwest 1/4, and Southwest 1/4 ofthe Southwest 1/4, alll lying in Section 7,Township 34 South, Range? 291 East, Highlends County, Florida; AND The West four acres of the East 1/4 of Section 13, Township 34 South, Range 28 East, Highlands County, along the East line ofsaid Government! Lots! Sand8t to the point of beginning; AND ACILCINGRACNR: PARCEL C12348-A090459000) Florida, lying' Northeast ofabandoned railroad Exhibit "B" (Three Pages) ATTACHMENT2 Thisi instrument prepared by: Michael E. Workman, Esquire Clark Campbell Lancaster, Workman & Airth, P.A. 500S S. Florida Avenue, Suite 800 Lakeland, Florida 33801 PARTIAL RELEASE This Partial Release (the "Partial Release") is entered into by and among the City of Sebring (the "City"), and CRF- Sebring MHP, LLC, a Florida limited liability company, CRF - Sebring RV,LLC,a Florida limited liability company, and CRF - Sebring II, LLC, a Florida limited liability company (collectively with the City, the "Parties"), with respect to the following described real property: EXIBIT-ACATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF (the "Released Real Property") and the following described document that affects the Released Real Property: Development Agreement recorded March 17, 2021, in Official Records Book 2809, Page 471 ofthe Public Records of Highlands County, Florida (the "Document"). WHEREAS, CRF - Sebring RV, LLC is a successor-in-interest to CRF - Sebring MHP, LLCby virtue of special warranty deed recorded in Book 2905, Page 1802 of the Official Records of Highlands WHEREAS, CRF - Sebring II, LLCisa a successor-in-interest to CRF- Sebring RV,LLC by virtue ofs special warranty deed recorded in Book 3067, Page 359 oft the Official Records ofHighlands County. NOW, THEREFORE, the Parties do hereby release, exonerate and discharge of and from the Document, the Released Real Property described on Exhibit "A", attached hereto and by this reference made a part hereof. This Partial Release does not in any way impair, alter or diminish the effect or obligation contained in the document described above with regard to the remainder of the real property County; and described therein. IN WITNESS WHEREOF, the City has caused this instrument to be executed by its authorized officer this day of 2025. Witnesses: Name: Address: Name: Address: CITY OF SEBRING, a Florida municipal corporation By: Name: Attest: By: Name: Title: City Clerk Title: City Council President [CORPORATE SEAL] STATE OF FLORIDA COUNTY OF online notarization this me L or has produced The foregoing instrument was acknowledged before me by means offX] physical presence or LJ Council President ofthe City of Sebring, al Florida municipal corporation, Jwho is personally known to day of 2025, by as identification. Notary Public as City IN WITNESS WHEREOF, CRF Sebring MHP, LLC has caused this instrument to be executed by its authorized officer this 28" day of. January, 2025. Witnesses: CRF - Sebring MHP, LLC, a Florida limited liability By: Century Properties MHP, LLC, a Florida limited company Wgaden BE Népe: Madisen_Neberg Address: 500Southl Florida Avenue, Suite 800 Lakeland, Florida: 33801 Address: liability company, its Manager ANA By: willion Drost Its: Presidenk andCED Name: Gzorroiin Sacta Adagacoss:s 500SouthrFlorida7 Avenue, Suite 800 Lakeland, Florida: 33801 STATE OF FLORIDA, COUNTY OF POLIC The foregoing instrument was acknowledged before me by, means ofIXJphysical presence or U as Manager ofCRF-S Sebring MHP,LLC,2Florida limited liability company, U who is personally known online notarization this 28 day of January, 2025, by Mllam DOST as mancwer ofCentury Properties MHP, LLC,al Florida limited liability company, tor me N or has produced FL DC as identification. Glap GABRIELA GORNOSKI Notary Public. State off Commission #HH6 627900 My Comm. Expires Feb 9, 2029 Boncedt through National Notary Assn. Notary Florida IN WITNESS WHEREOF, CRF - Sebring RV, LLC has caused this instrument to be executed by its authorized officer this 28 day of January, 2025. Witnesses: ypalon Name: Address: Address: 500 South Florida Avenue, Suite 800 Lakeland, Florida: 33801 CRF - Sebring RV, LLC, a Florida limited liability By: Century Properties MHP, LLC, a Florida limited company liability its company, Manager BHnR By: Williom Drost Its: Prcsidentad_CED. Galyns Name: Ghlanela Gonoshs Address: Address: 500-South-florido: Avenue,Suite 800 Lakeland, Florida: 33801 STATE OF FLORIDA COUNTYOF POLK The foregoing instrument was acknowledged before me by means pf[ [x] physical presence or U online notarization this 28 day of January, 2025, by wlam Drost as Manager of CRFSebring RV,LLC, a Florida limited liability company, LJ who is personally known as MManoey to me d orl has produced ofCentury Properties MHP, LLC, ,a Florida limited liability company, Pu DC as identification. F GABRIELA GORNOSKI Notary Public- State of Florida Commission #HH 627900 My Comm. Expires Feb 9,2 2029 Bonded through Mational Notary Assn. IN WITNESS WHEREOF, CRF - Sebring II, LLC has caused this instrument to be executed by its authorized officer this 28" day of. January, 2025. Witnesses: CRF - Sebring II, LLC, a Florida limited liability By: Century Properties MHP, LLC, al Florida limited company voadty KL, Name: Moolson Ncberg Lakeland, Florida: 33801 MeBhsspsomfooy Avenue, Suite 800 liability company, its Manager Ihll MB - By: Ailliona Orsk Its: Presidenk odcED Name: Gonnow GHgto AdaBdess: 500-Souh-Fioride: Avenue, Suite 800 Lakeland, Florida 33801 STATE OF FLORIDA COUNTY OF POLK The foregoing instrument was acknowledged before me by means pfIX] physical presence or U online notarization this 28 day of January, 2025, by wliam Dnoit asl Manager of CRP Sebring ILLC, al Florida limited liability company, L who is personally known to as WahooRY me MPor has produced ofCentury Properties MHP, LLC, al Floridal limited liability company, FC DL GABRIELA GORNOSKI Notary Public- State ofF Florida Commission #HH6 627900 My Comm. ExpiresF Feb9,2029 Bonded through National Notary Assn. as identification. MSEy EXIIBIT-APLEGAL DESCRIPTION Al PORTION OF SECTION 7, TOWNSHIP 34 SOUTH, RANGE 29 EAST AND A PORTION OF SECTION 12, TOWNSHIP 34 SOUTH, RANGE 28 EAST, HIGHLANDS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE ATTHE SOUTHWEST CORNER OF SAID SECTION 7, SOUTHEAST CORNER OF SAID SECTION 12, AND RUN NO0P0445"W ALONG THE COMMON LINE BETWEEN SAID SECTIONS 7 AND 12,A DISTANCE OF 20.00 FEETTOTHE APPARENT MAINTAINED RIGHT-OF-WAY BOUNDARY OF BEACON AVENUE AND THE POINT OF BEGINNING; THENCE S89°5349"E, ALONG SAID MAINTAINED RIGHT-OF-WAY BOUNDARY, 465.88 FEET; THENCE N00P0330"W, 32.94 FEET; THENCE $89959'54"W, 458.24 FEET; THENCE $89°5950"W, 1310.05 FEET1 TO A POINT ON A CURVE CONCAVED NORTHEASTERLY, HAVING A RADIUS OF 175.00 FEET, A CHORD DISTANCE OF 65.70 FEET AND A CHORD BEARING OF S70°53'20"E; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVETHROUGH A CENTRAL ANGLE OF21"3816", AN ARC LENGTH OF 66.09 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVED SOUTHWESTERLY, HAVING A RADIUS OF 225.00 FEET, A CHORD DISTANCE OF 9.06 FEET AND A CHORD BEARING OF S80°3318"E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE1 THROUGH A CENTRAL ANGLE OF 02°18'31", AN ARC DISTANCE OF 9.07 FEET TO THE END OF SAID CURVE; THENCE N89°59'51"E, 393.53 FEET TO THE APPARENT MAINTAINED RIGHT-OF-WAY BOUNDARY OF SAID BEACON AVENUE; THENCE CONTINUE N895951"E, ALONG SAID MAINTAINED RIGHT-OF-WAY BOUNDARY, 837.92 FEET; THENCE S00"0445"E, 9.08 FEETTOTHE POINT OF BEGINNING. Exhibit "C" Proposed 8" Sanitary, Sewer Fosce. Main Tletnibcation. Existing 10"forcet Main Exhibit "C" CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 PRESENTER: Noethlich/Ross MacBeth/Swaine AGENDA ITEM#: 13A-C Commercial Land Contract between MacBeth Associates, LTD and City BACKGROUND: During the Capital Improvement Planning process, in planning for the future growth ofthe City, Council instructed staff to acquire property for a consolidated Public Works and Utilities property. The attached contract is for three parcels totaling approximately ofs Sebring for the City purchase of approximately 30 acres 30 acres proximately located to the downtown. Please find attached the following: Attachment A - Commercial Land Contract for approximately 30 acres 3. Purchase price - $23,000/acre approximately $690,000 4. Closing date - 30 days after inspection period expiration 1. $10,000 Earnest Money Deposit 2. Inspection Period - 90 days Attachment B - Aerial views of the property REQUESTED MOTION: Approve attached contract as presented and instruct the City Attorney and City Staff to perform any necessary actions during the inspection period. COUNCIL ACTION: APPROVED DENIED TABLED TO: Moved by: Seconded by: Carlisle Havery Mendel Stewart Bishop. OTHER ATTACHMENT A COMMERCIAL LAND CONTRACT THIS COMMERCIAL LAND CONTRACT by and between MACBETH ASSOCIATES, LTD., a Florida Limited Partnership (the "Seller") and CITY OF SEBRING, a municipal corporation oft the State of Florida, (the "Purchaser") is entered into and effective on the date it is last executed by the Seller or Purchaser (the "Effective Date"). RECITALS: A. Seller is the owner ofcertain property located in Highlands County, Florida. B. Seller wishes to: sell to Purchaser, and Purchaser wishes to purchase from Seller the Property as hereafter defined upon the terms, covenants and conditions herein set forth. NOW, THEREFORE, in consideration oft the mutual covenants contained herein, and for other good and valuable consideration, the receipt and adequacy ofv which isl hereby apknowledged, 1. Sale of Property. Subject to the terms and conditions herein, set forth, Seller agrees to sell and convey to Purchaser, and Purchaser. agrees to buy from Seller, that certain real property located inl Highlands County, Florida, described or shown on Exhibit A, together with the wells and pumps located thereon, attached hereto and made a part hereof, together with all appurtenances, easements and privileges thereto belonging, including all right, title and interest of the Seller in and to any easements, strips, gores, appurtenances, streets or ways adjoining the real property (collcctively, the parties covenant and agree as follows: the "Property"). 2. set forth: to time. Definitions. For purposes oft this Agreement, the following terms are defined as hereinafter "Agreement" shall mean this Commercial Land Contract, asi it may be amended from time "Closing" shall mean the execution and delivery of the Transaction Documents and the payment of those funds required to be paid at the time and in the manner required herein for the purchase and sale oft the Properly. close the transaction. Paragraph 8 herein. "Closing Agent" shall mean the entity chosen by Seller to issue the title insurance and "Closing Date" shall mean the date on which the Closing shall occur, as set forth in Encumbrance" shall mean and include any charge, claim, community property interest, condition, equitable interest, lien, option, pledge, security interest, right of first refusal, or restriction of any kind, including any restriction on use, voting, transfer, receipt of income, or exercise ofa any other attribute of ownership. property was a citrus grove but the trees are dead and have no monetary value. The Purchase Price shall be due and payable as follows: A. Within five (5) Business Days of the Effective Date oft this Agreement, Purchaser will deposit the amount of $10,000.00 (the "Earnest Money Deposit") with Swaine, Harris & Wohl, P.A. as escrow agent (the "Escrow Agent"). The Earnest Money Deposit shall be held in a non-interest bearing account.. After expiration ofthe Inspection Period, the Earnest Money Deposit shall become non-refundable (except in the event of Seller's default or as otherwise expressly provided in this Agreement). The Earnest Money Deposit shall be credited to the Purchaser at the time ofthe Closing (hereinafter defined). B. The remaining balance shall be paid to Seller at Closing in immediately available funds (Official Bank Check or wire transfer), subject to adjustments and prorations. 4. Execution /Calculation ofTime /Time of the Essence. A. Execution. This Agreement may be executed in any number of counterparts, each ofwhich shall be deemed to be an original as against any party whose signature appears thereon, and all of which together shall constitute one and the same instrument. This Agreement shall become binding when one or more counterparts shall bear the respective signatures of all of the parties designated as signatories herein. Ifthis Agreement shall be executed in counterparts, then upon the subsequent written request of any signatory, all parties shall join in the signing of one complete original instrument. A scanned or facsimile copy of this Agreement evidencing any signatures shall be considered as an original for all purposes. B. Calculation of Time. All references to days shall mean calendar days unless Business Days are specifically stated. Business Days shall mean Monday through Friday, and exclude legal holidays. If any time period ends on a Saturday, Sunday, or legal holiday, it shall instead be deemed to expire at the end of the next Business Day. C. Time oft the Essence. The Parties have been fully advised and agree that time is of Third Party Financing. Purchaser's obligations under this Agreement are not contingent Survey. Purchaser may obtain, at Purchaser's expense, a boundary survey of the Property (the Survey"). In the event the Survey reflects any easements, encroachments, rights-of-way, roads, lack of access, deficiencies, gaps or gores or hiatus between any of the parcels included within the Property or between the Property and any adjoining streets or roads, or any othera adverse matters not acceptable to Purchaser, Purchaser may notify Seller of Purchaser's objections to the Survey within the applicable time period set forth in Paragraph 7 hereof. Objections to the Survey shall be treated as Title defects pursuant to Paragraph 7. Purchaser shall be entitled to obtain an update oft the Survey ("Updated Survey") at any time prior to the Closing, at Purchaser's expense. Ifany Updated Survey reveals any adverse matter not disclosed by the Survey, then such Updated the essence in this Agreement. upon obtaining financing. 5. 6. Survey defect shall be handled in the same manner as a new title defect. 3 Title Curative Period. If the Title defects are cured within the Title Curative Period, the sale and purchase shall be closed within seven (7) days after written notice to Purchaser, but not earlier than the Closing Date. Ini the event that Seller is unable to cure such defects within the Title Curative period, Seller may give notice oft the necessity to extend the Title Curative Period for an additional one hundred twenty (120) days. If the Seller fails to cure such defects within the Title Curative Period (as extended if applicable), or notifies Purchaser in writing that Seller has determined, in Seller's sole discretion, that it is not feasible on a commercially reasonable basis to cure one or more of Purchaser's objections (in which event Seller shall notify Purchaser of its determination within twenty (20) days after its receipt of Purchaser's notice of title objections), Purchaser shall have the option, to be exercised in its sole discretion, to either: (i) complete the purchase in accordance with the Agreement and accept title to the Property subject to such objections and without any adjustment to the Purchase Price; or (ii) terminate this Agreement by written notice thereoft to Seller within seven (7) days after Purchaser's receipt of written notice of Seller's failure toc cure. Purchaser's objections within the Title Curative Period or Seller's determination that curing Purchaser's objections is not feasible, whereupon this Agreement shall terminate and be of no further force or effect and the Earnest Money Deposit shall be returned to the Purchaser. Ifthe Property has previously been platted, and the plat is not part oft the current development plan, and the plat contains roads, easements, restrictions or other matters to which Purchaser objects, Seller shall obtain from the Local Government a vacation of all underlying streets shown on prior plats within the Property. The Closing Date shall be extended as necessary even beyond the Title Curative Period ifr required in order to complete the vacation ofs such plats or particular matters on the plats to which Purchaser objects. D. Updates ofTitle. IfClosing is scheduled to occur more than thirty (30) days from the date of the Title Commitment, the Title Commitment shall be updated by endorsement ("Update Endorsement") which endorsement, together with legible copies of any additional matters identified therein, shall be delivered to Purchaser no less than five (5) days before the respective Closing Date If any Update Endorsement discloses any new requirement, defect, Encumbrance or other adverse matter that is not a Permitted Encumbrance, then Purchaser shall notify Selleri in writing specifying the newt title defect. Seller shall have aj period ofthirty (30) days following the receipt ofs such notice from Purchaser to cure such new title defect and, ifn necessary, the Closing Date shall be extended as provided above. Seller agrees to use diligent, good faith efforts to attempt to remove the new title defect, as provided above. If Seller fails to cure any such new title defect Purchaser shall have the remedies provided above in this Section. E. Title Policy. At or after Closing, the Closing Agent shall provide Purchaser a standard ALTA Owner's Policy of Title Insurance (with Florida modifications) for the Property based on the Title Commitment and any issued Update Endorsements (the "Policy"). The Policy will be issued by the Closing Agent and be underwritten by the Closing Agent, will be in the amount of the Purchase Price, and will insure Purchaser's fee simple title to the Property subject only to the Permitted Encumbrances. If Purchaser has not provided Closing Agent a Survey certified to all appropriate parties and showing no defects, the policy shall contain exceptions for matters which would be disclosed by an accurate Survey and inspection of the Property and easements and claims of easements not shown by the public records. F. The Parties have been fully advised and agree that time is of the essence with respect to the parties' obligations under this Section. 5 3. Seller and Purchaser. Seller and Purchaser shall each execute, acknowledge (as appropriate) and deliver on the Closing Date the following documents: () Any transfer tax returns required under any tax laws applicable to (ii) Any other affidavit(s), document or instrument required to be delivered by Seller or Purchaser pursuant to the terms of this the transactions contemplated herein; (ii) The Closing Statement; and Agreement. 9. Costs. At the time of Closing, Purchaser shall pay to Seller the total Purchase Price for the Property, less prorations and adjustments in accordance with this Agreement. All applicable insurance, interest, advance rents and deposits on leases, ifany, and other expenses ofthe Property shall be prorated as ofthe Closing Date. Ad valorem real property taxes shall be prorated based on taxes for the current year, ifknown, and allowances made for the maximum discount. If Closing occurs before the amount of current year's taxes or current year's millage is fixed, the taxes shall be prorated based upon the assessment and/or millage rate for the immediately preceding year. If the information for the current year is not available, the proration shall be the previous year's tax figure.. Any proration based upon an estimate shall bei readjusted upon request by either Party when the actual tax statement is received. This covenant shall survive Closing. A. Seller shall pay for, (i) the documentary stamp tax due on the Warranty Deed; (ii) the cost ofo curing any title or survey defect(s), including the preparation and recordation of curative instruments; (iii) Sellers' legal fees and expenses; and (iv) any third party professional and/or consulting fees incurred at Seller's request. B. Purchaser shall pay for, including but not limited to the following items: (i) the recording fees for the Warranty Deed, mortgages and all loan related documents; and (ii) the cost ofall inspections, tests and studies undertaken by Purchaser in connection with its investigation; (iii) all costs related to the third party loan and any mortgages, including bank fees, documentary stamps, intangible tax, and title and closing costs related to loans; (iv) Purchaser's legal fees and expenses, (v) any third party professional and consulting fees incurred at Purchaser's request, and (vi) the cost of any Survey, and any survey certification to any lender, all endorsements, extended coverage, or upgrades tol Purchaser's titlei insurance policy); (vii) the Closing Agent's fee; and (vili) the cost of the premium due on the Owner's Title Insurance required under this Agreement, along with all related title and search costs related thereto. 10. Purchaser's Inspection Period. A. Purchaser shall have a period of ninety (90) days after full execution of this Agreement (herein referred to as "the Inspection Period") to inspect the Property. Seller, following reasonable notice from Purchaser, shall provide Purchaser and its agents and consultants reasonable access to the Property, provided that in each such case Seller shall have the right to have a representative of Seller present during the course of each such entry. During the course of any such entry Purchaser shall not cause, and shall not suffer or permit to cccur, any damage or injury to the Property or any part thereofand ifPurchaser does cause, suffer or permit any damage ori injury to the Property, Purchaser shall, at its expense, promptly restore the Property to the 7 11. Duties and Rights of Escrow Agent. A. Escrow Agent is hereby authorized and agrees by acceptance hereof, to hold all monies paid as thel Earnest Money Deposit ("Escrowed Funds") in escrow and to disburse the same in accordance with the terms and conditions of this Agreement. Escrow Agent undertakes to perform only such duties as are expressly set forth in this Agreement and no implied duties or obligations will be read into this Agreement against Escrow Agent. Escrow Agent is also the law firm representing Seller. In the event of a dispute between the parties, the parties consent to Escrow Agent continuing to represent Seller, notwithstanding the fact that it will also have the duties provided for in this Contract. B. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, Escrow Agent shall have the right to withhold payment of the monies which are the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a judgment ofa court of competent jurisdiction shall determine the rights of the parties thereto, or Escrow Agent may deposit all monies then held pursuant to this Agreement with the Clerk of the Circuit Court of the county in which the Property lies, and upon notifying all parties concerned of such action, all liability on the part of Escrow Agent shall fully terminate. Purchaser and Seller agree that Escrow. Agent shall not be liable to any party or person whomsoever for misdelivery to Purchaser or to Seller of money subject to this escrow, unless such misdelivery shall be due to a willful breach of Escrow Agent's duties under this Agreement or fraudulent conduct by Escrow Agent. 12. Default and Notice to Cure. A. If Purchaser defaults in the payment of the Purchase Price or if Purchaser shall default in the performance ofany ofits other material obligations, Seller shall have the right (i) to receive disbursement ofthe Deposit ifnot previously delivered, and terminate this Agreement!; or (i) to seek any other legal or equitable remedy, including, without limitation, any action forr money damages). Upon such delivery of the Deposit in accordance with Clause () of the preceding sentence [if such remedy is elected by Seller), this Agreement shall terminate and neither party hereto shall have any further obligations hereunder except for those that are expressly provided in this Agreement to survive the termination hereof. B. IfSeller defaults in any ofi its material obligations to be performed on or prior to the Closing Date, Purchaser shall have the right (i) to receive a return oft the Deposit and terminate this Agreement, or (ii) to seek specific performance of Seller's obligations hereunder (it being expressly acknowledged that the remedy of specific performance is an appropriate remedy in the event ofa default by Seller under this Agreement), or (iii) to seek any legal or equitable remedy, including, without limitation, any action for money damages. Upon such return and delivery ofthe Deposit in accordance with Clause (i) of the preceding sentence, if such remedy is elected by Purchaser, this Agreement shall terminate and neither party hereto shall have any further obligations hereunder except for those that are expressly provided in this Agreement to survive the termination hereof. C. In the event any party breaches the terms and provisions of this Agreement, a non- defaulting party shall not exercise any remedies for such breach unless the non-defaulting party has notified the defaulting party in writing of the breach and demanded compliance with this 9 Ifto Seller: Iftol Purchaser: City Administrator City of Sebring 368 South Commerce Ave Sebring, FL33870 With a copy to: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL33870 Email: bop@heartandaw.com Macbeth Associates, Ltd. c/o J. Ross Macbeth 2543 US Highway 27 South Sebring, FL33870 Email: scottnoethlich@mysebring.com Ifto Escrow Agent: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL33870 Email: bob@hearlandlaw.com Any party may change their address by written notice given to the others as hereinabove provided. Notwithstanding the foregoing, any notice sent to the last designated address of the party to whom a notice may be or is required to be delivered hereunder shall not be deemedi ineffective ifactual delivery cannot bei made due to an unnoticed change ofa address of the party to whom the notice is directed or the failure or refusal of such party to accept delivery of the notice. 15. Covenants: Preclosing Rights and Obligations of Seller. A. From the Effective Date of this Agreement until the Closing Date, Seller shall: i. ii. not take any action which will adversely affect title to the Property; notify Purchaser of any material changes discovered by Seller to the representations or warranties made by Seller. In the event that Purchaser learns, through Seller or otherwise, prior to the Closing Date, that any of Seller's warranties or representations are materially incorrect, Purchaser shall have the right to terminate this Agreement and all deposits shall be immediately returned in full to Purchaser; iii. not apply for or otherwise attempt to effectuate any rezoning ofthe Property unless Purchaser has previously consented in writing; iv. not enter into any lease, license or other agreement for occupancy of the Property, unless Purchaser has previously consented in writing; not enter into any service contracts which survive the Closing, unless Purchaser has previously consented in writing; and vi. not make any physical changes to the Property. V. B. Whenever in this Agreement Seller is required to obtain Purchaser's approval with respect to any transaction described therein, Purchaser shall, within five (5) days after receipt of Seller's request therefore, notify Seller of its approval or disapproval of same and, if Purchaser 11 of Seller's knowledge, there has been no release or threat of release, of any Hazardous Materials at or from the Property. F. Pending Litigation/Violations There are no legal actions, suits, code enforcement, regulatory actions, or other legal or administrative proceedings, including bankruptcy proceedings, pending or threatened, against the Property or Seller, and Seller is not aware of any facts which might result in any action, suit or other proceeding against the Property or Seller that could result inal lien encumbering the Property or any part thereof. G. No] Notice ofViolation. Seller has not received any written notice ofany violations of law, or municipal ordinances, orders, designations or requirements whatsoever noted in or issued by any federal, state, municipal or other governmental department, agency or bureau or any other governmental authority having jurisdiction over the Property with respect to the Property, except such notices as have been disclosed in writing to Purchaser. assessment of the Property for real estate tax purposes. H. Assessment Proceedings. There are no proceedings pending to reduce the Other Obligations and Assessments. There are no outstanding impact fees, obligations, assessments, fair share agreements or capital recovery obligations for sewer, water, drainage, roadway or other improvements which affect the Property by reason of any past or existing improvements on the Property. J. Agreements. As of the Effective Date, there are no options, contracts or rights of any third parties affecting the Property in any manner whatsoever except as specifically set forth herein, nor shall there by any such leases, options, contracts or right of third parties granted during the term of this Agreement without the prior written consent of the Purchaser except as may be liens that will be removed by payment by Seller on or before Closing. K. Special Assessments. [There are: no outstanding special assessments with respect to the PropertyJIThe following special assessments exist.] Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by Seller. Any special assessment lien that has not been certified, confirmed and ratified as of Closing shall be assumed by Purchaser. L. to the Property. Development Rights. Seller has not transferred any development rights with respect M. Historic DistrictLandmark. No portion of the Property is in a historic district nor It shall be a condition precedent to Purchaser's obligation to close hereunder that the representations and warranties of Seller set forth in this Agreement will be true in all material respects on the Closing Date. Should Purchaser determine prior to the Closing Date that any representation or warranty set forth herein is inaccurate in a material way, then Purchaser shall promptly provide written notice to Seller of such inaccuracy, and provided that Sellerdoes not otherwise elect ori is unable to cure suchinaccuracy, Purchaser shall have the option of either waiving any claim against Seller by virtue ofs such inaccuracy has it been designated al historic landmark. 13 A. Marketable Title. Seller's delivery of good, marketable and insurable fee simple title to the Property as provided in Paragraph 7 above. B. Document Delivery. Seller shall have executed and delivered to Purchaser all of the documents required of Seller under this Agreement, including but not limited to an acceptable Warranty Deed, the Seller's Affidavit sufficient and acceptable to the Closing Agent to address the elimination of standard exceptions for "gap" coverage, construction liens and possession, and the IRC Section 1445 requirements. C. Performance of Covenants. Seller shall have performed all of its material D. Truth of Representations and Warranties. All of Seller's representations and warranties set: forth in Sections 15 and 160 ofthis Agreement shall be true and correct in all material covenants, agreements and obligations under this Agreement. respects though first made as ofthe date of the Closing. Purchaser may waive any or all of the preceding conditions precedent. With respect to those conditions precedent of which require the cooperation or subsequent action of Seller, Seller shall undertake such cooperation or action in good faith. If, notwithstanding the parties' commercially reasonably diligent effort, all ofthe following conditions precedent are not satisfied on or before the Closing Date, Purchaser shall have the right and option to either (i) waive any such unsatisfied condition precedent and close this Agreement: in accordance with its terms without any adjustment to the Purchase Price, or (ii) terminate this Agreement on such Closing Date. If Purchaser terminates this Agreement because of the failure to satisfy or waive any such condition precedent all rights and obligations of the parties hereunder to each other shall end and this Agreement shall be of no further force or effect. In the event of such a termination, the Earnest 19. Seller's Conditions Precedent. The following are conditions precedent to Seller's Money Deposit shall bei immediately returned to Purchaser. obligation to close this Transaction: A. Delivery of] Documents. Purchaser shall have executed and delivered to Seller all oft the documents required of Purchaser under this Agreement. covenants, agreements and obligations under this Agreement. B. Performance of Covenants. Purchaser shall have performed all of its material C. Payment of] Purchase Price. Purchaser shall have delivered to Seller the balance of the Purchase Price and the Escrow. Agent shall have delivered to Seller the Earnest Money Deposit. D. Truth of Representations and Warranties. All of Purchaser's representations and warranties set forth in Section 17 of this Agreement shall be true and correct in all material respects. Seller may waive any or all of the preceding conditions precedent. With respect to those conditions precedent of which require the cooperation or subsequent action of Purchaser, Purchaser shall undertake such cooperation or action in good faith. If, notwithstanding the parties' commercially reasonably diligent effort, all of the following conditions precedent 15 G. Mold. Mold is naturally occurring and may cause health risks or damage to property. This Agreement is not contingent upon testing for the existence of toxic mold unless specifically provided. H. Intentionally Omitted. I. J. Waiver. No waiver hereunder of any condition or breach shall be deemed to be a Severability. In case any one or more provisions contained ini this Agreement shall, continuing waiver or a waiver of any subsequent breach for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as ifs such invalid, illegal or unenforceable provision had not been contained herein. K. Florida Contract. This Agreement shall be deemed al Florida contract and construed according to the laws of such a state, regardless of whether this Agreement is being executed by any ofthe parties hereto in other states or otherwise. Thej proper and exclusive venue for any action concerning this Agreement shall be the Circuit Court in and for Highlands County, Florida. Intentionally Left Blank 17 Exhibit A Parcel ID No. C-20-34-29-A00-A00-0080-0000 ALL GOV LOT 8-LESS SUB + STREETS + LESS RR R/W PER DEED BOOK NO 112-339 + LESS TRIANGULAR+ RECTANGULAR TR INSIDE CITY LIMITS AND Parcel ID No. S-20-34-29-A00-0082-0000 A 1002 X6 6601 FTTR OUT OF GOVI LOT8 8SEC20NOF GROVE. AVE + W OF HIGHLANDS AVE AND Parcel ID No. S-20-34-29-A00-0081-0000 A TRIANGULAR TRACT IN GOV LOT 91 BOUNDED ONEBY SAL RR-GRAPEFRUIT ST ON W + SUNNILAND DR ON NORTH 19 Limited Partners JOSEPH 0. MACBETH TRUST. DATED NOVEMBER 30, 1994 ASAMENDED BY THE FIRST AMENDMENT THERETO. DATED, SEPTEMBER 11,1996 By: HLh J.Ros Macbeth, Trustee Dated: Sayzp2ax VERNA V. MACBETHTAUSTDATED MARCH 16, 2000 BHLhA J.R Ross Macbeth, Co-Trustee Sdlakt H. Scott Macbeth, Co-Trustee R:Mark MCCISE aumbetl Vail Macbeth, Co-Trustee Dated: JAagipzec By: Dated: Dated: Dated: Tay1y,ak By: R yfasfas 428/25 By: MACHETINMahe.AsRCAtAPROPEKIYSALESC2SVFinal Commerciall Land Contract Macbeth to City ofsebring.017825.doex 21 ATTACHMENT B Highlands County Property Appraiser back to results C-20-34-29-A00-0080-0000 925 MARTIN LUTHER KING JRBLVD SEBRING, FL33870 Owners MACBETH ASSOCIATES Mailing Address 2543 USHWY27S SEBRING,FL33870 nttps:/www.hcpao.org/Search/Parcel/293420A0000800000C DOR Code: 66- GROVES/ORCHARDS Neighborhood Code: 440- -H RURAL TRACTS IN 34/29 Legal Description ALL GOVLOT8-LESS: SUB + STREETS + LESS RR R/W PER DEED BOOKI NO 112-339 + LESS TRIANGULAR+ RECTANGULAR TRI INSIDE CITY LIMITS 20-34-29/8 27.15A ACRES CITRUS TERRACEDR SUNNILANDDR CURRYS ST TECOMAST LEEAVE VALKER GRAND AVE Highlands County Property Appraiser < back to results S-20-34-29-A00-0082-0000 903 MARTIN LUTHER KING JRE BLVD SEBRING,FL33870 Owners MACBETH ASSOCIATES Mailing Address 2543 USHWY27S SEBRING,FL33870 nttps,/www.hcpao.org/search/Parcel/293420A00008200005 DOR Code: 66-G GROVES/ORCHARDS Neighborhood Code: 440-F RURAL TRACTS IN 34/29 Legal Description A100X660FTTROUT OF GOVI LOT8SEC20NOF GROVE AVE + W OF HIGHLANDS 20-34-29/8.21.52A ACRES AVE 11 GTRUSTERFACEDR SUNNILANDDR CURRYST TECOMAST ST BOSSIE WATSON AVE LEEAVE MALKERAE GRAND AVE AVE ASHINGTON Highlands County Property Appraiser a backt to results S-20-34-29-A00-0081-0000 855 SUNNILAND DR SEBRING, ,FL33870 Owners MACBETH ASSOCIATES Mailing Address 2543US27S SEBRING,FL33870 htps/www.hepao.orysearchParel299420A0000810005 DOR Code: 00-1 VACANT Legal Description ATRIANGULAR TRACT IN GOV LOTS 9 BOUNDED ONEBYS SAL RR-GRAPEFRUIT STC ONV W+ SUNNILAND DR ONN Neighborhood Code: 440- - RURAL TRACTS IN 34/29 rr CITRUS TERRACEDR SUNNILANDDR 1.4275 3051 1.7326 GLIS BOSSIEI WATSONAVE LEEAVE MAKERAE GRAND AVE AVE MASMINIGION CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 PRESENTER: Noethlich/Swaine AGENDA ITEM#: 13B-C Commercial Contract between AACHENER SERVICES Company LLC BACKGROUND: Please find attached a proposed contract for the City toj purchase the property located at 126 W. Center Ave. The property was formally the old Huntington Bank This property recently became available for sale and in light of the fact that the City explored the Old Wachovia Bank building for future growth ofits administrative offices, Mayor and myself and City of Sebring for 126 W. Center Ave. and more recently was leased by SunTrust. made the decision to get the property under contract. Please find attached the following: Attachment A - Commercial Land Contract prepared by Bob Swaine 1. $15,000 Earnest Money deposit 2. Inspection Period - 75 days 3. Purchase price - $1,400,000 4. Closing date -3 30 days after inspection period expires Attachment B - Aerial views of the property and Property Appraiser information REQUESTED MOTION: Approve attached contract as presented and instruct the City Attorney and City Staff to perform any necessary actions during the inspection period. COUNCIL ACTION: APPROVED DENIED TABLED1 TO: Moved by: Carlisle Havery OTHER Seconded by: Mendel Stewart Bishop. ATTACHMENT A Docusign Envelope ID: 716071AB-64A0-4A0-4557-8A68-1DC4019FAB6A COMMERCIAL LAND CONTRACT This COMMERCIAL LAND CONTRACT by and between AACHENER SERVICES COMPANY LLC (the "Seller") and CITY OF SEBRING, A BODY CORPORATE & POLITIC ora assigns (the "Purchaser") is entered into and effective on the date iti is last executed by the Seller or Purchaser (the "Effective Date"). RECITALS: A. Seller is the owner of certain property located in Highlands County, Florida. B. Seller wishes to sell tol Purchaser, and Purchaser wishes to purchase from Seller the Property as hereafter defined upon the terms, covenants and conditions herein set forth. NOW, THEREFORE, in consideration oft the mutual covenants contained herein, and for otherg good and valuable consideration, the receipt and adequacy ofv which is hereby acknowledged, 1. Sale of Property. Subject to the terms and conditions herein, set forth, Seller agrees to sell and convey to Purchaser, and Purchaser agrees tol buy from Seller, that certain real property located in Highlands County, Florida, described or shown on Exhibit A, attached hereto and made a part hereof, together with all appurtenances, easements and privileges thereto belonging, including all right, title and interest of the Seller in and to any easements, strips, gores, appurtenances, streets or ways adjoining the real property (collectively, the "Property"). The property includes a the parties covenant and agree as follows: building and parking lots. 2. set forth: to time. Definitions. For purposes ofthis Agreement, the following terms are defined as hereinafter "Agreement" shall mean this Commercial Land Contract, as it may be amended from time "Closing" shall mean the execution and delivery of the Transaction Documents and the payment oft those funds required to be paid at the time and in the manner required herein for the purchase and sale oft the Property. close the transaction. Paragraph 81 herein. "Closing Agent" shall mean the entity chosen by Seller to issue the title insurance and "Closing Date" shall mean the date on which the Closing shall occur, as set forth in Encumbrance" shall mean and include any charge, claim, community property interest, condition, equitable interest, lien, option, pledge, security interest, right of first refusal, or restriction of any kind, including any restriction on use, voting, transfer, receipt of income, or LVE Docusign Envelope D.716071AB64A0-5578A84DCAOIFAB6A exercise of any other attribute of ownership. Environmental Law" shall mean any federal, state or local statute, regulation or ordinance or any. judicial or administrative decree or decision, whether now existing or hereinafter enacted, promulgated or issued, with respect to any hazardous materials, drinking water, groundwater, wetlands, landfills, open dumps, storage tanks, underground storage tanks, solid waste, wastewater, storm water runoff, waste emissions or wells. Without limiting the generality of the foregoing, the term shall encompass each of the following statutes, and regulations, including any state of local counterparts or equivalent, in each case, order, decrees, permits, licenses and deed restrictions now or hereafter promulgated thereunder, and amendments and successors to such statutes and regulations as may be enacted and promulgated from time to time: () the Comprehensive Environmental Response, Compensation and Liability Act (codified in scattered sections of 26 U.S.C., 33 U.S.C., 42 U.S.C. and 42 U.S.C. Section 9601 et seq.) ("CERCLA";() the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); (ii) the Hazardous Materials Transportation Act (49 U.S.C. Section 1801 et seq.); (iv) the Toxic Substances Control Act (15 U.S.C. Section 2061 et seq.); (v) the Clean Water Act (33 U.S.C. Section 1251 et seq.); (vi) the Clean Air Act (42 U.S.C. Section 7401 et seq.); (vii) the Safe Drinking Water Act(21U.S.C. Section 349, 42 U.S.C. Section 201 and Section 300fet seq.);(viri) the National Environmental Policy Act (42 U.S.C. Section 4321 et seq.); (ix) the Superfund Amendments and Reauthorization Act of 1986 (codified in scattered sections of 10 U.S.C., 29 U.S.C.,3 33 U.S.C. and 42 U.S.C.); (x)Title III ofthe Superfund Amendment and Reauthorization Act (40 U.S.C. Section 1101 et seq.); (xi) the Uranium Mill Tailings Radiation Control Act (42 U.S.C. Section 7901 et seq.); (xii) the Occupational Safety & Health Act (29 U.S.C. Section 655 et seq.); (xiii) the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Section 136 et seq.); (xiv) the Noise Control Act (42 U.S.C. Section 4901 et seq.); and (xv) the Emergency Planning and Community Right to Know Act (42 U.S.C. Section 1100 et seq.). "Hazardous Materials" shall mean any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms ofsimilari import, as such terms are defined in any Environmental law, and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any Environmental Law. Seller for the Property. Surveyor. "Purchase Price" shall mean the total consideration to be paid by the Purchaser to the "Survey" shall mean a survey of the Property certified by a Florida Registered Land Transaction Documents" shall mean this Agreement and all oft the documents required or contemplated in connection with the Closing of the purchase and sale oft the Property. 3. Price /I Deposits /1 Financing. The total Purchase Price for the Property shall be One Million Four Hundred Thousand dollars ($1,400,000) ("Purchase Price"). The Purchase Price LF 2 Docusign Envelope ID: 716071AB-64A0-4A0-4557-8A68-1DC4019FAB6A shall be due and payable as follows: A. Within five (5) Business Days of the Effective Date of this Agreement, Purchaser will deposit the amount of$15,000.00 (the "Earnest Money Deposit") with Floyd, Sammons and Spanjers, P.A. as escrow agent (the "Escrow Agent"). The Earnest Money Deposit shall be held in a non-interest bearing account. After expiration of the Inspection Period, the Earnest Money Deposit shall become non-refundable (except in the event of Seller's default or as otherwise expressly provided in this Agreement). The Earnest Money Deposit shall be credited to the Purchaser at the B. The remaining balance shall be paid to Seller at Closing in immediately available funds (Official Bank Check or wire transfer), subject to adjustments and prorations. time ofthe Closing (hereinafter defined). 4. Execution /Calculation ofTime/Time of the Essence. A. Execution. This Agreement may be executed in any number of counterparts, each ofwhich shall be deemed to be an original as against any party whose signature appears thereon, and all of which together shall constitute one and the same instrument. This Agreement shall become binding when one or more counterparts shall bear the respective signatures of all of the parties designated as signatories herein. Ifthis Agreement shall be executed in counterparts, then upon the subsequent written request of any signatory, all parties shall join in the signing of one complete original instrument. A scanned or facsimile copy of this Agreement evidencing any signatures shall be considered as an original for all purposes. B. Calculation of Time. All references to days shall mean calendar days unless Business Days are specifically stated. Business Days shall mean Monday through Friday, and exclude legal holidays. Ifany time period ends on a Saturday, Sunday, or legal holiday, it shall instead be deemed to expire at the end oft the next Business Day. C. Time ofthe Essence. The Parties have been fully advised and agree that time is of the essence in this Agreement. 5. Thisisa a cash transaction with no financing contingency. 6. Survey. Purchaser may obtain, at Purchaser's expense, a boundary survey of the Property (the "Survey"). In the event the Survey reflects any easements, encroachments, rights-of-way, roads, lack of access, deficiencies, gaps or gores or hiatus between any of the parcels included within the Propertyorbetween the Property and any adjoining streets or roads, or any othera adverse matters not acceptable to Purchaser, Purchaser may notify Seller of Purchaser's objections to the Survey within the applicable time period set forth in Paragraph 7 hereof. Objections to the Survey shall be treated as Title defects pursuant to Paragraph 7. Purchaser shall be entitled to obtain an update of the Survey ("Updated Survey") at any time prior to the Closing, at Purchaser's expense. Ifany Updated Survey reveals any adverse matter not disclosed by the Survey, then such Updated 7. EvidenceofTitle. Onorbefore twenty (20) days before Closing Date, Sellershallobtain, at Seller's expens,acommitment for an owner's titlei insurance policy,(the' "Title Commitment"), agreeing to issue to Purchaser, upon recording of the Warranty Deed, a title insurance policy in Survey defect shall be handled in the same manner as a new title defect. -DS EVF 3 Docusign Envelope D,710071AB64A045578ABB-DCAOI9FAB6A the amount of the full Purchase Price, insuring Purchaser's title to the Property, subject only to Encumbrances and matters that are permitted, ("Permitted Encumbrances"). A. Permitted Encumbrances include the following: Requirements, approvals, ordinances, regulations, restrictions, prohibitions or other matters issued by a Governmental Entity, including, but not limited tos such matters that involve land use, zoning, water retention, or storm water Easement fors streets, and other matters appearing on the Plat ofthe Original Town of Sebring as recorded in Desoto Book 3 at Page 2 of the Public management; ii. Records ofH Highlands County, Florida; iii. Oil, gas or mineral rights if there is no right ofentry; iv. Easements of record to a public or governmental entity; V. Easement in favor oft the City of Sebring contained ini instrument recorded January 8, 1973, under O.R. Book 420, Page 873, Public Records of Highlands County, Florida. vii. Restrictions, easements and other matters noted on the plat ofThe Original Town of Sebring, as recorded in Plat Book 3, Page 2 ofthe Public Records ofDeSoto County, Florida. viii. Other Permitted Encumbrances. The Title Commitment shall include legible copies of all documents referenced therein. The Title Commitment shall provide that all "standard exceptions" (including exceptions for taxes for years prior to the year of Closing and assessments not shown in the public records, claims of unrecorded easements, parties other than owner in possession, construction liens and matters disclosed on an accurate Survey, shall be deleted from the Policy when issued. Seller shall provide to the Closing Agent any affidavits, undertakings and otherinstruments: required to delete said standard exceptions, and the Party responsible for submitting a Survey shall provide such Survey with required certifications. B. Objections to Title. Ifthe Title Commitment contains exceptions to coverage other than the Permitted Exceptions and the standard exceptions which adversely affect title to the Property and render title unmarketable and uninsurable, ori if the Survey reveals any defect as set forth in Paragraph 6 hereof, the Purchaser shall notify the Seller, in writing, of Purchaser's objection to such exceptions within twenty (20) days after the Title Commitment and copies ofall underlying title search instruments and the Survey have been furnished to Purchaser. C. Curing Title Objections. The Seller shall have thirty (30) days after receipt of such notice in which to cure such defects (the "Title Curative Period") and furnish to the Purchaser evidence that same have been cured. The Closing Date shall be postponed and extended for the Title Curative Period. Ift the Title defects are cured within the Title Curative Period, the sale and purchase shall be closed within seven (7) days after written notice to Purchaser, but not earlier than EF 4 Docusign Envelope D:716071AB-64A0-4557-8A68-1DC4019FAB6A the Closing Date. Ift the defect can be cured with the payment ofr money, Seller shall pay the funds to cure the defect. In the event ofa non-monetary defect, and Seller is unable to cure such defect within the Title Curative period, Purchaser shall have the option, to be exercised in its sole discretion, to either: (i) complete the purchase in accordance with the Agreement and accept title to the Property subject to such objections and without any adjustment to the Purchase Price; or (ii) terminate this Agreement by written notice thereofto Seller within seven (7) days after Purchaser's receipt ofwritten notice of Seller's failure to cure Purchaser's objections within the Title Curative Period or Seller's determination that curing Purchaser's objections is not feasible, whereupon this Agreement shall terminate and be ofr no further force or effect and the Earnest Money Deposit shall be returned to the Purchaser. D. Updates ofTitle. IfClosing is scheduled to occur more than thirty (30) days from the date of the Title Commitment, the Title Commitment shall be updated by endorsement ("Update Endorsement") which endorsement, together with legible copies of any additional matters identified therein, shall be delivered to Purchaser no less than five (5) days before the respective Closing Date. (Emailed pdf copies shall be sufficient.) Ifany Update Endorsement discloses any new requirement, defect, Encumbrance or othera adverse mattert that isnot al Permitted Encumbrance, then Purchaser shall notify Seller in writing specifying the new title defect. Seller shall have a period of thirty (30) days following the receipt ofsuch notice from Purchaser to cure such new title defect and, if necessary, the Closing Date shall be extended as provided above. Seller agrees to use diligent, good faith efforts to attempt to remove the new title defect, as provided above. IfSeller fails to cure any such newi title defect Purchaser: shall have the remedies provided above in this Section. E. Title Policy. At or after Closing, the Closing Agent shall provide Purchaser a standard ALTA Owner's Policy of Title Insurance (with Florida modifications) for the Property based on the Title Commitment and any issued Update Endorsements (the "Policy"). The Policy will be issued by the Closing Agent and be underwritten by the Closing Agent, will be in the amount of the Purchase Price, and will insure Purchaser's fee simple title to the Property subject only to the Permitted Encumbrances. If Purchaser has not provided Closing Agent a Survey certified to all appropriate parties and showing no defects, the policy shall contain exceptions for matters which would be disclosed by an accurate Survey and inspection of the Property and easements and claims ofe easements not shown by the public records. F. The Parties have been fully advised and agree that time is of the essence with respect to the parties' obligations under this Section. 8. Closing Date and Procedure / Documents to be Provided. A. Closing Date. The Closing Date contemplated by this Agreement shall be thirty (30) days after the Purchaser's Inspection Period expires. Closing shall occur in the county in which the Property is situated, or at such location mutually agreed upon in writing by the Parties hereto and may be handled by mail. The Parties have been fully advised and agree that time is of the essence with respect to the Closing Date. B. Closing Procedure. 1. LVF Seller. At Closing, if not previously delivered to Purchaser, Seller shall 5 Docusign Envelope ID: 716071AB-64A0-4A0-4557-8A68-1DC4019FAB6A execute and deliver to Purchaser: (i) af fully executed Warranty Deed; (ii) af fully executed certification as to Seller's non-foreign status, if (ii) an owner's title affidavit attesting to the absence, unless otherwise provided for herein, of any lien or Encumbrance upon the Property or any personal property to be conveyed, claims of lien or potential liens known to Seller, improvements or repairs to the Property within ninety (90) days immediately preceding date of Closing. However, ift the Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all potential lienors and an affidavit setting forth the names of all potential lienors and affirming that all charges for improvements or repairs have been paid or will be paid at the (iv) originals or, if unavailable, copies of the specifications, technical manuals and similar materials forthe Property to the extent same are applicable; Closing; in Seller's possession; (v) ai fully executed assignment ofl leases, ifapplicable; (vi) Any other document reasonably required by the Closing Agent. Purchaser. At Closing, Purchaser shall deliver to Seller the following: (i) The balance of the Purchase Price payable at Closing, as adjusted for prorations and taxes, in the manner required under this (ii) Instructions from Purchaser directing Escrow Agent to pay the Purchase Price and all other amounts due at Closing, or thereafterin accordance with the provisions of this Agreement, to Seller or any (iii) If applicable, Purchase Money Mortgage, Promissory Note, Guarantees, and any other documents required in connection with the transactions contemplated by this Agreement, or reasonably 2. Agreement; other person as Seller shall designate; required by the Closing Agent. 3. Sellerand Purchaser. Seller and Purchaser shall each execute, acknowledge (as appropriate) and deliver on the Closing Date the following documents: (i) Any transfer tax returns required under any tax laws applicable to (iii) Any other affidavit(s), document or instrument required to be delivered by Seller or Purchaser pursuant to the terms of this the transactions contemplated herein; (ii) The Closing Statement; and Agreement. 9. Costs. At the time of Closing, Purchaser shall pay to Seller the total Purchase Price for LF 6 Docusign Envelope 0,716071AB64A045578A68-1DCAOTFAB6A the Property, less prorations and adjustments in accordance with this Agreement. All applicable insurance, interest, advance rents and deposits on leases, ifany, and other expenses ofthe Property shall be prorated as ofthe Closing Date. Seller and Purchaser shall follow the procedures set forth in Section 196.295 oft the Florida Statutes, removing the property from taxable status with Seller paying the prorated taxes through the date of closing. This covenant shall survive Closing. A. Seller shall pay for, including but not limited to the following items: (i) the cost of curing any title or survey defect(s), including the preparation and recordation of curative instruments; (ii) Sellers' legal fees and expenses; and (iii) any third party professional and/or consulting fees incurred at Seller's request. B. Purchaser shall pay for, including but not limited to the following items: (i) the documentary stamp tax and recording fees for the Warranty Deed, mortgages and all loan related documents; and (ii) the cost of all inspections, tests and studies undertaken by Purchaser in connection with its investigation; (iii) all costs related to the third party loan and any mortgages, including bank fees, documentary stamps, intangible tax, and title and closing costs related to loans; (iv) Purchaser's legal fees and expenses, (v) any third party professional and consulting fees incurred at Purchaser's request; (vi) the cost of any Survey, and any survey certification to any lender, all endorsements, extended coverage, or upgrades to Purchaser's title insurance policy); (vii) Closing Agent's fee; and (viii) the cost oft the premium on the title insurance policies. 10. Purchaser's Inspection Period. A. Purchaser shall have aj period of seventy-five (75 ) days after the earlier of the full execution ofthis Agreement and electrical power available. at the Property sufficient toi inspect and operate the HVAC system and any elevators (herein referred to as "the Inspection Period") to inspect the Property. Seller, following reasonable notice from Purchaser, shall provide Purchaser and its agents and consultants reasonable access to the Property, provided that in each such case Seller shall have the right to have a representative of Seller present during the course ofe each such entry. During the course ofany such entry Purchaser shall not cause, and shall not suffer or permit to occur, any damage or injury to the Property or any part thereof and if Purchaser does cause, suffer or permit any damage or injury to the Property, Purchaser shall, at its expense, promptly restore the Property to the condition it was in immediately prior to such injury or damage. Purchaser shall have the right to make inquiries of governmental bodies, utility companies, and other third parties. B. Subject to F.S. 768.28, Purchaser shall indemnify Seller from and against any and all damage to the Property resulting from any entry on the Property by Purchaser or any of its agents, contractors, consultants or other representatives, or any activities conducted by them, or any of them, during any such entry, together with all reasonable expenses incurred by Seller by reason thereofi including, without limitation, reasonable attorneys' fees and disbursements, which obligation shall survive the Closing or thet termination ofthis Agreement; provided, however, such indemnity shall not extend to repair or remediation of any existing conditions at the Property. Purchaser shall deliver a certificate of insurance evidencing liability insurance coverage held by any agent or consultant retained by Purchaser to perform any studies or survey oft the Property, in amount, form and substance reasonably satisfactory to Seller before any of such agents or consultants will be granted access to the Property. LVF 7 Docusign Envelope ID: 716071AB-64A0-4A0-4557-8A68-1DC4019FAB6A C. To assist Purchaser in its inspections of the Property, and to the extent in Seller's control or possession, Seller shall deliver to Purchaser, within ten (10) days after the Effective Date, all of the following items in Seller's possession: existing title policies concerning the Property, together with hard copies of all Schedule B exceptions; all existing surveys (whether ALTA or otherwise) concerning the Property; all existing environmental reports (including all soil and geotechnical testings) prepared with respect to the Property; all plans, plats, studies, appraisals, permits, authorizations, plans, specifications, development orders, feasibility studies, approvals and other intangibles rights pertaining to the ownership and/or operation of the Property; all maintenance, property and operational contracts; copies of any Development of Regional Impact Studies, if applicable; evidence of compliance with all applicable laws, including zoning regulations; and any other documents pertaining to the Property which would assist the Purchaser in its inspection of the same to the extent in Seller's control or possession. In the event the transaction does not close, Purchaser shall promptly return all documents to Seller. The Parties agree that Seller shall not be obligated to provide its confidential settlement agreement from its litigation with Truist, which agreement has a confidentiality provision.. E. In the event that the results of Purchaser's inspections, investigations, reviews and feasibility studies are, in Purchaser's sole opinion and sole discretion, unacceptable for any reason whatsoever, the Purchaser shall give Seller written notice before the end of the Inspection Period that it intends to terminate the transaction contemplated by this Agreement, and this Agreement shall forthwith and thereupon be terminated, become null and void, and be ofr no further force and effect, at which time the Escrow Agent shall immediately return the Earnest Money Deposit to the Purchaser. In such event, Purchaser shall provide to Seller copies of all reports and other documentation resulting from Purchaser's inspections. If Purchaser does not give such notice, the contingency shall have expired, and Purchaser shall proceed to Closing, and the Deposit disbursed to Seller, if not previously disbursed to Seller. F. The Parties have been fully advised and agree that time is of the essence with respect to the parties obligations under the Inspection Period. 11. Dutiesand Rights of Escrow Agent. A. Escrow Agent is hereby authorized and agrees by acceptance hereof, to hold all monies paid as the Earnest Money Deposit ("Escrowed Funds")i in escrow and to disburse the same in accordance with the terms and conditions of this Agreement. Escrow Agent undertakes to perform only such duties as are expressly set forth in this Agreement and no implied duties or obligations will be read into this Agreement against Escrow Agent. Escrow Agent is also the law firm representing Seller. In the event of a dispute between the parties, the parties consent to Escrow Agent continuing to represent Seller, notwithstanding the fact that it will also have the duties provided for in this Contract. B. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, Escrow Agent shall have the right to withhold payment of the monies which are the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a judgment ofa court of competent jurisdiction shall determine the rights of the parties thereto, or Escrow Agent may deposit all monies then held pursuant to this Agreement with the Clerk of the Circuit Court of the county in which the Property lies, and upon notifying all parties concerned of such action, all liability on the part of Escrow Agent shall fully terminate. Purchaser and Seller LE 8 Docusign Envelope ID: 716071AB-64A0-4A0-4557-8A68-1DC4019FAB6A agree that Escrow Agent shall not be liable to any party or person whomsoever for misdelivery to Purchaser or to Seller of money subject to this escrow, unless such misdelivery shall be due to a willful breach of Escrow Agent's duties under this Agreement or fraudulent conduct by Escrow Agent. 12. Default and Notice to Cure. A. If Purchaser defaults in the payment of the Purchase Price or if Purchaser shall default in the performance ofany ofi its other material obligations, Seller shall have the right (i)t to receive disbursement oft the Deposit ifnot previously delivered, and terminate this Agreement!; or (i)toseek any other legal or equitable remedy, including, without limitation, anyaction for money damages). Upon such delivery of the Deposit in accordance with Clause (i) of the preceding sentence [if such remedy is elected by Seller), this Agreement shall terminate and neither party hereto shall have any further obligations hereunder except for those that are expressly provided in this Agreement to survive the termination hereof. B. Ifs Seller defaults in any ofi its material obligations to be performed on or prior to the Closing Date, Purchaser shall have the right (i)t to receive a return oft the Deposit and terminate this Agreement, or (ii) to seek specific performance of Seller's obligations hereunder (it being expressly acknowledged that the remedy of specific performance is an appropriate remedy in the event ofac default by Seller under this Agreement). Upon such return and delivery of the Deposit ina accordance with Clause (i) oft the preceding sentence, ifs such remedy is elected by Purchaser, this Agreement shall terminate and neither party hereto shall have any further obligations hereunder except for those that are expressly provided int this Agreement to survive the termination hereof. C. In the event any party breaches the terms and provisions of this Agreement, a non- defaulting party shall not exercise any remedies for such breach unless the non-defaulting party has notified the defaulting party in writing of the breach and demanded compliance with this Agreement. The party who has breached this Agreement shall remedy its breach within ten (10) days of receipt of written notice thereof, unless such breach is susceptible of cure and such cure cannot, with diligence, be completed within the ten (10) day period, in which case additional time shall be afforded, provided said cure is begun within the ten (10) day period and diligently and continuously thereafter prosecuted to completion, and provided that in no event shall such additional time exceed sixty (60) days from the receipt by the defaulting party ofwritten notice of the breach. If a cure is not completed after notice and within the allowed cure period, a non- defaulting party may declare a breaching partyi in default and may exercise its remedies as provided in this Agreement. D. Attorneys' Fees and Costs. In connection with any litigation arising out of the enforcement or interpretation ofthis Agreement, the prevailing party shall be entitled to recover from the other party, all costs incurred, including reasonable attorneys' and paralegal fees, including without limitation through trial and appellate proceedings. E. The provisions ofthis Section shall survive the termination hereof. 13. Condemnation. If, prior to the Closing Date, any part of the Property is taken (other than at temporary taking), ori if Seller shall receive an official notice from any governmental authority, DS LVE 9 Docusign Envelope ID: 716071AB-64A0-4A0-4557-8A68-1DC4019FAB6A having eminent domain power over the Property, of its intention to take, by eminent domain proceeding, any part of the Property (a "Taking"), then Purchaser shall have the option, exercisable within ten (10) days after receipt ofnotice ofsuch Taking, to terminate this Agreement by delivering written notice thereofto Seller, whereupon this Agreement shall be deemed cançeled and ofr no further force or effect, and neither party shall have any furtherrights orl liabilities against or to the other except pursuant to the provisions ofthis Agreement, which are expressly provided to survive the termination hereof. If a Taking shall occur and Purchaser shall not have timely elected to terminate this Agreement, then Purchaser and Seller shall consummate this transaction ina accordance with this Agreement, without any abatement of the Purchase Price or any liability or obligation on the part of Seller by reason ofs such Taking, provided, however, that Seller shall, on the Closing Date, (i) assign and remit to Purchaser, and Purchaser shall be entitled to receive and keep, the net proceeds of any award or other proceeds of such Taking which may have been collected by Seller as a result of such Taking less the reasonable expenses incurred by Seller in connection with: such Taking, or (ii)ifno award or other proceeds shall! have been collected, deliver to Purchaser an assignment of Seller's right to any such award or other proceeds which may be payable to Seller as ai result ofsuch Taking and Purchaser shall reimburse Seller for the reasonable expenses incurred by Seller in connection with such Taking. The provisions of this section shall 14. Notices. Any notices provided for in this Agreement shall be in writing to the address set forth below and shall be effective (a) upon receipt or refusal if delivered personally or by email; (b) one (1) Business Day after deposit with a recognized overnight courier or (c) two (2) Business Days after deposit in the U.S. mail. A copy of any notice served by a manner other than email not apply to to an actual or threatened taking by Purchaser. shall also be delivered by email. Ifto Seller: Ifto Purchaser: John Shoop, Mayor 368 S Commerce Ave. Sebring, FL33870 K. Wade Foster, Manager 1610 Hidden Palms Drive Davenport, FL33897 Email: kadefboster@gmailcom With a copy to Seller's Attorney: Robert O. "Bob" Sammons Floyd, Sammons & Spanjers, P.A. 1556 6th Street SE Winter Haven, Florida, 33881-4509 Email: oawnteaveneplon Ifto Escrow Agent: Robert O. "Bob" Sammons Floyd, Sammons & Spanjers, P.A. 1556 6th Street SE Winter Haven, Florida, 33881-4509 Email: sob@winterhavenlegal.com With a copy to: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL33870 Email: bob@hcartandaw.com KVF 10 Docusign Envelope ID: 716071AB-64A0-4A0-4557-8A68-1DC4019FAB6A Any party may change their address by written notice given to the others as hereinabove provided. Notwithstanding the foregoing, any notice sent to the last designated address of the party to whom a notice may be or is required to be delivered hereunder shall not be deemedi ineffective ifactual delivery cannot ber made due to an unnoticed change ofaddress ofthe party to whom the notice is directed or the failure or refusal of such party to accept delivery oft the notice. 15. Covenants: Preclosing Rights and Obligations of Seller. A. From the Effective Date oft this Agreement until the Closing Date, Seller shal!: i. not take any action which will adversely affect title to the Property; ii. notify Purchaser of any material changes discovered by Seller to the representations or warranties made by Seller. In the event that Purchaser learns, through Seller or otherwise, prior to the Closing Date, that any of Seller's warranties or representations are materially incorrect, Purchaser shall have the right to terminate this Agreement and all deposits shall be immediately returned in full to Purchaser; iii. not apply for or otherwise attempt to effectuate any rezoning of thel Property unless Purchaser has previously consented in writing.; iv. not enter into any lease, license or other agreement for occupancy of the Property, unless Purchaser has previously consented in writing; V. not enter into any service contracts which survive the Closing, unless Purchaser has previously consented in writing; and vi. not make any physical changes to the Property. B. Whenever in this Agreement Seller is required to obtain Purchaser's approval with respect to any transaction described therein, Purchaser shall, within five (5) days after receipt of Seller's request therefore, notify Seller of its approval or disapproval of same and, if Purchaser fails to notify Seller of its disapproval within said five (5) day period, Purchaser shall be deemed tol have approved same. C. Ift the Property, or any portion thereof, is rented then Seller shall deliver to Purchaser, at least ten (10) days before Closing, copies of any written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advançed rent and security deposits paid by tenant. Seller shall, at Closing, deliver and assign all original leases to Purchaser. D. The provisions ofthis Section 15 shall survive the Closing. 16. Warranties, Representations and Disclosures of Seller. Seller makes the following warranties, representations and disclosures to Purchaser, which representations and disclosures shall be true on the Effective Date and shall also be true at the time ofClosing. A. Organization. The Seller is a limited liability company duly organized, validly existing and in good standing under the laws ofthe State of Florida and authorized to do business -DS KF 11 Docusign Envelope ID:7 716071AB-64A0-4A0-4557-8A68-1DC4019FAB6A in Florida, has all requisite power and authority to execute and deliver this Agreement. B. Authorization and Validity. The execution, delivery and performance of this Agreement and the consummation oft the transaction contemplated hereby by the Sellerhave been duly authorized and approved by all necessary company action. This Agreement, when executed, will constitute the legal, valid and binding obligation of Seller, enforceable in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws and subject to general principles of equity (regardless ofwhether such enforceability is considered in aj proceeding in equity or at law.) C. Marketable Title. As of the Closing Date, Seller shall have the ability to deliver good, marketable and insurable title to the Property, subject only to Permitted Encumbrances and any other matter permitted by the terms of this Agreement. D. Condemnation. Seller has no knowledge of any pending or threatened condemnation or similar proceeding affecting the Property, nor does Seller have knowledge that any such action is presently contemplated. E. Environmental Matters. As to the Property, the Seller is, and at all times has been, in full compliance with, and has not been and is not in violation of or liable under, any Environmental Law. Seller has no basis to expect, nor has any other person or entity for whose conduct they are or may be held to be responsible received, any actual or threatened order, notice, or other communication from (A) any governmental body or private citizen acting in the public interest, or (B) the current or prior owner or operator of the Property, of any actual or potential violation or failure to comply with any Environmental Law, or of any actual or threatened obligation to undertake or bear the cost of any environmental, health, and safety liabilities with respect to any of the Property, or with respect to any property or facility at or to which Hazardous Materials, as defined by law, were generated, transported, stored, handled, disposed, manufactured, refined, transferred, imported, used or processed by Seller, or any other person or entity for whose conduct they are or may be held responsible related to the Property. To the best of Seller's knowledge, there has been no release or threat ofrelease, ofa any Hazardous Materials at orf from the Property. Purchaser and Seller are aware that the building was leased by Suntrust/Truist (ST) for nearly two decades under an essentially absolute net lease during which time ST was operational in the first floor and subleased floors 2 and 3. The building was originally constructed with some materials that contained asbestos including but not limited some drywall paste, some hvac mastics, some vinyl tile. On or about 2/21/2019, ST remodeled the bottom floor for temporary use. ST noted that they had remediated the asbestos at that time. On January 15, 2020, Landlord analyzed multiple samples of drywall dust on floors 1 and 2 made by contractors who completed the remodel and all 13 samples were found to be negative. Landlord also observed that vinyl tile known to contain asbestos had been completely removed. There is evidence that the building has had or may still have (despite ST's remediation attempts) asbestos. Seller has, in its possession, inspection and laboratory reports as follows: ACT Environmental and Infrastructure Asbestos Survey under cover letter dated August 23,2018 (36 pages). LVE 12 Docusign Envelope ID:7 Eurofins/CEI asbestos analysis of PLM Bulk samples under cover letter dated August 13, Seller will provide copies of these reports to the Purchaser at the beginning of the Inspection Period. Seller knows oft no release or threatened release that he understands to be a violation of any Environmental Law. The Parties agree that Seller is not expert on issues of environmental law and that Purchaser shall conduct its own testing for asbestos, and mold (if desired) and rely solely on Purchaser's own testing to make its decision as to Seller from time to time during its ownership of the building conducted mold/fungal tests in various areas ofthe building. Asi it was explained to Seller by vendor, thet testing results did not indicate any abnormalities that surpassed those to be expected in other commercial 2018(19 pages). the suitability of Property for Purchaser's uses. buildings in Florida. Seller has, in its possession, copies of inspection reports as follows Hayes Microbial Consulting mold test report under report dated July 21, 2020 (8 pages). Eurofins/CEI mold spore trap report date July 31, 2020 (8 pages). Eurofins/CEI mold spore trap report dated August 9, 2018 (15 pages). Purchaser shall conduct its own testing for mold and fungus ifit sO desires and rely solely on that testing to make its decision as to the suitability of Property for Purchaser's uses. The Parties agree that Seller shall not be required to make any other representations or warranties regarding asbestos and/or mold in this building. Purchaser shall conduct its own testing for asbestos and/or mold (if desired) and rely solely on Purchaser's own testing to make its decision as to the suitability of Property for Purchaser's uses. Purchaser releases Seller from any and all liability regarding the issues oft the possible existence of asbestos and/or mold in or on the Property and agrees that Purchaser is Purchaser acknowledges that Florida's public records laws place strong limits on Buyer's ability to limit the publics rights to review and copy many documents, but the Buyeragrees to use what discretion itl has to limit the distribution of copies oft the inspection reports until purchasing the Property AS IS. and unless Buyer closes on the purchase of the Property. D. Pending Litigation/Violations. There are: no legal actions, suits, code enforcement, regulatory actions, or other legal or administrative proceedings, including bankruptcy proceedings, pending or threatened, against the Property or Seller, and Seller ist not aware of any facts which might result in any action, suit or other proceeding against the Property or Seller that could result in a lien encumbering the Property or any The Parties acknowledge that the Property, particularly its maintenance and repair were the subject of a breach of contract action filed against Truist by Seller. The case (NC Sebring, LLC VS Truist Bank) was filed on 12/29/2020 before the Circuit Court oft the part thereof. 13 LF Docusign Envelope ID: 716071AB-64A0-4A0-4557-8A68-1DC4019FAB6A Tenth Judicial Circuit in and for Highlands County, Florida, Case Number 2020-CA- 000397 and was settled on or about 9/23/2024 with the case being dismissed with prejudice at that time. Seller knows ofr no other proceeding threatened, pending, or active against Property or Seller. G. No] Notice ofViolation. Seller has not received any written notice ofany violations of law, or municipal ordinances, orders, designations or requirements whatsoever noted in or issued by any federal, state, municipal or other governmental department, agency or bureau or any other governmental authority having jurisdiction over the Property with respect to the Property, except such notices as have been disclosed in writing to Purchaser. assessment of the Property for real estate tax purposes. H. Assessment Proceedings. There are no proceedings pending to reduce the I. Other Obligations and Assessments. There are no outstanding impact fees, obligations, assessments, fair share agreements or capital recovery obligations for sewer, water, drainage, roadway or other improvements which affect the Property by reason of any past or existing improvements on the Property. J. Agreements. As of the Effective Date, there are no options, contracts or rights of any third parties affecting the Property in any manner whatsoever except as specifically set forth herein, nor shall there by any such leases, options, contracts or right of third parties granted during the term of this Agreement without the prior written consent of the Purchaser except as may be liens that will be removed by payment by Seller on or before Closing. K. Special Assessments. There are no outstanding special assessments with respect to the Property. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by Seller. Any special assessment lien that has not been certified, confirmed and ratified as of Closing shall be assumed by Purchaser. L. Development Rights. Seller has not transferred any development rights with respect M. Historic DistricVLandmark. No portion of the Property is in a historic district nor N. Its shall be a condition precedent to Purchaser's obligation to close hereunder that the representations and warranties of Seller set forth in this Agreement will be true in all material respects on the Closing Date. Should Purchaser determine prior to the Closing Date that any representation or warranty set forth herein is inaccurate in a material way, then Purchaser shall promptly provide written notice to Seller of such inaccuracy, and provided that Seller does not otherwise elect or is unable to cure such inaccuracy, Purchaser shall have the option of either waiving any claim against Seller by virtue ofs such inaccuracy and proceeding to Closing without any adjustment to the Purchase Price, or Purchaser may terminate this Agreement, by written notice to Seller within ten (10) days following written notice from Seller that Seller cannot or will not cure any inaccuracy, whereupon this Agreement and all rights and obligations of the parties to the Property. has it been designated al historic landmark. DS KF 14 Docusign Envelope D.71007AB64A0-5578/6A6B-4DCAOIFAB6A hereunder shall thereupon cease and be deemed null and void. Ini the event ofs such a termination by Purchaser pursuant tot this Paragraph, the Earnest Money Deposit shall bei immediately returned to Purchaser. O. Taxes. The Seller represents and warrants that within the times and in the manner prescribed by law, Seller has filed all federal, state, and local tax returns required by law, and has paid all taxes, assessments, and penalties due and payable. There are no present disputes as to taxes of any nature payable by Seller. Any taxes deemed to be owed by Seller that should have been paid prior to the date of closing even if assessed after closing shall be Seller's obligation to pay. 17. Warranties and Representations of Purchaser. Purchaser hereby makes the following warranties and representations to Seller, which warranties and representations shall be true on the Effective Date and shall also be true at the time of Closing. A. Good Faith. Purchaser shall use reasonable diligent effort in food faith to inspect the Property in an expeditious manner sO as to determine as quickly as possible whether the Property is suitable to the Purchaser. B. Organization. Purchaser is a municipality validly existing and in good standing under the laws of the State of Florida and has all requisite power and authority to execute and deliver this Agreement. C. Authorization and Validity. The execution, delivery and performance of this Agreement and the consummation of the transaction contemplated herein by the Purchaser have been duly authorized and approved by all necessary company action. This Agreement, when executed, will constitute the legal, valid and binding obligation of Purchaser, enforceable in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws and subject to general principles ofe equity (regardless of whether such enforceability is considered in a proceeding in equity or at law.) Its shall be a condition precedent to Seller's obligation to close hereunder that the representations and warranties of Purchaser set forth in this Agreement will be true in all material respects on the Closing Date. Should Seller determine prior to the Closing Date that any representation or warranty set forth herein is inaccurate in a material way, then Seller shall promptly provide written notice to Purchaser of such inaccuracy, and provided that Purchaser does not otherwise elect to cure such inaccuracy, Seller shall have the option ofeither waiving any claim against Purchaser by virtue ofs such inaccuracy and proceeding to Closing without any adjustment to the Purchase Price, or Seller may terminate this Agreement, by written notice to Purchaser within ten (10) days following written notice from Purchaser that Purchaser cannot or will not cure any inaccuracy, whereupon this Agreement and all rights and obligations ofthe parties hereunder: shall thereupon cease and be deemed null and void and Purchaser shall be deemed in default. 18. PurchasersConditions Precedent. The following are conditions precedent to Purchaser's obligations to close this transaction: A. Marketable Title. Seller's delivery of good, marketable and insurable fee simple title to the Property as provided in Paragraph 7 above. DS EF 15 Docusign Envelope ID: 716071AB-64A0-4A0-4557-8A68-1DC4019FAB6A B. Document Delivery. Seller shall have executed and delivered to Purchaser all of the documents required of Seller under this Agreement, including but not limited to an acceptable Warranty Deed, the Seller's Affidavit sufficient and acceptable to the Closing Agent to address the elimination of standard exceptions for "gap" coverage, construction liens and possession, and the IRC Section 1445 requirements. C. Performance of Covenants. Seller shall have performed all of its material D. Truth of Representations and Warranties. All of Seller's representations and warranties set forth in Sections 15 and 160 ofthis Agreement shall be true and correct in all material covenants, agreements and obligations under this Agreement. respects though first made as oft the date of the Closing. Purchaser may waive any or all of the preceding conditions precedent. With respect to those conditions precedent of which require the cooperation or subsequent action of Seller, Seller shall undertake such cooperation or action in good faith. If, notwithstanding the parties' commercially reasonably diligent effort, all oft the following conditions precedent are not satisfied on or before the Closing Date, Purchaser shall have the right and option to either (i) waive any such unsatisfied condition precedent and close this Agreement in accordance withi its terms without any adjustment to the Purchase Price, or (ii) terminate this Agreement on such Closing Date. If Purchaser terminates this Agreement because of the failure to satisfy or waive any such condition precedent all rights and obligations of the parties hereunder to each other shall end and this Agreement shall be of no further force or effect. In the event of such a termination, the Earnest 19. Seller's Conditions Precedent. The following are conditions precedent to Seller's Money Deposit shall be immediately returned to Purchaser. obligation to close this Transaction: A. Delivery of Documents. Purchaser shall have executed and delivered to Seller all B. Performance of Covenants. Purchaser shall have performed all of its material C. Payment of Purchase Price. Purchaser shall have delivered to Seller the balance of the Purchase Price and the Escrow. Agent shall have delivered to Sellertl the Earnest Money Deposit. D. Truth of Representations and Warranties. All of Purchaser's representations and warranties set forth in Section 17 of this Agreement shall be true and correct in all material oft the documents required of Purchaser under this Agreement. covenants, agreements and obligations under this Agreement. respects. Seller may waive any or all of the preceding conditions precedent. With respect to those conditions precedent of which require the cooperation or subsequent action of Purchaser, Purchaser shall undertake such cooperation or action in good faith. If, notwithstanding the parties' commercially reasonably diligent effort, all oft the following conditions precedent are not satisfied on or before the Closing Date, Seller shall have the right and option to LVE 16 Docusign Envelope ID: 716071AB-64A0-4A0-4557-8A68-1DC4019FAB6A either () waive any such unsatisfied condition precedent and close this Agreement in accordance with its terms without any adjustment to the Purchase Price, or (ii) terminate this Agreement on such Closing Date. IfSeller terminates this Agreement because of the failure to satisfy or waive any such condition precedent all rights and obligations of the parties hereunder to each other shall end and this Agreement shall be ofn no further force or effect. In the event of such a termination pursuant to this Paragraph, the Earnest Money Deposit shall be retained by Seller (or if not previously disbursed, the Earnest Money Deposit shall be immediately disbursed to Seller). 20. Miscellaneous. A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns; and no third party shall have any rights, privileges or other beneficial interest in or under this Agreement. Neither party may assign or transfer its rights or obligations under this Agreement without prior written consent of the other. Any assignment without such written consent shall be void and shall not act to release the assigning party from its duties and obligations hereunder. As usedI herein, the singular number shalli include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. B. Intentionally Omitted. C. Broker's Commissions. Seller and Purchaser warrant and represent to each other that no broker or other person expecting or due a fee or commission related to the transaction herein contemplated was involved in this Agreement. Seller shall be solely responsible for all fees due to the Broker, if any. Seller shall indemnify Purchaser against any claim of any broker, including the Broker, claiming by, through or under Seller. This warranty and representation shall survive delivery of the Deed and Closing of this transaction. D. Entire Agreement. This Agreement, including the Exhibits attached hereto, contains the entire Agreement between Seller and Purchaser and all other representations, negotiations and agreements, written and oral, including any letters ofi intent which pre-date the Effective Date hereof, with respect to the Property or any portion thereof, are superseded by this Agreement and are ofno force and effect. This Agreement may be amended and modified only by instrument, in writing, executed by all parties hereto. E. 1031 Exchange. Ifeither Party wishes to enter into a IRC Section 1031 like-kind exchange with respect to the Property ("Exchange"),1 the other party agrees to cooperate, including the execution of documents; provided (1) the cooperating party shall incur no liability or expense related to the Exchange and (2) the Closing shall not be contingent upon, nor extended or delayed by,such Exchange. F. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department." LE 17 Docusign Envelope D.710071AB64A0-55/8A6B-1DCAOIFAB6A G. Mold. Mold is naturally occurring and may cause health risks or damage to property. This Agreement is not contingent upon testing for the existence of toxic mold unless specifically provided. H. Indemnification. Seller shall indemnify Purchaser and hold Purchaser harmless for any and all liability, claims, damages, expenses (including attorney's fees and costs for trial or appeal), proceedings and causes ofa action ofe every kind and nature regarding the operation of the business from the Property that stem from any action or omission that occurred or began prior to the date of closing. I. J. Waiver. No waiver hereunder of any condition or breach shall be deemed to be a Severability. In case anyone or more provisions contained in this Agreement shall, continuing waiver or a waiver ofa any subsequent breach for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed asi ifsuch invalid, illegal or unenforceable provision had not been contained herein. K. Florida Contract. This Agreement shall be deemed a Florida contract and construed according to the laws of such state, regardless whether this Agreement is being executed by any oft the parties hereto in other states or otherwise. The proper and exclusive venue for any action concerning this Agreement shall be the Circuit Court in and for Highlands County, Florida. L. Taxes. Seller shall be responsible for payment of all taxes due under Chapter 212 of the Florida Statutes which have accrued as of and prior to the Closing Date and shall comply with the requirements of Chapter 212 in a timely fashion. Seller agrees to reimburse Purchaser for any amounts payable by Purchaser as a result of the failure of Seller to comply with the provisions of this section. M. NoAssumption ofLiabilities. Except as expressly set forth in this Agreement, or any other agreement entered into at Closing, the Purchaseri is not assuming any debts, liabilities or obligations ofSeller, whether disclosed or undisclosed, direct or indirect, contingent or otherwise, in that Purchaser is purchasing Assets only. N. Further Assurances. Seller and Purchaser agree that each will, at any time and from time to time, after the Closing, upon request of the other, do, execute, acknowledge and deliver all such further acts, deeds, assignments, transfers, conveyances, powers of attorney and assurances as may be reasonably required to convey and transfer to and vest in Purchaser and protect its rights, title and interest in and enjoyment ofall the Property, and to carry out the intent oft this Agreement. DocuSigned! by: k. WVade Fostur E45D8A3F2865-442 18 Docusign Envelope 0,716071AB64A045578A68-4DCAOISFABGA Seller: Purchaser: Corporation By: Aachener Services Company, LLC, A Florida limited liability Company K Wade Foster, Manager City of Sebring, a Florida Municipal BylLk Fosur John Shoop, Mayor 1/18/2025 Date of execution Date of execution 1/18/2025 KF 19 Docusign Envelope ID: 716071AB-64A0-4A0-4557-8A68-1DC4019FAB6A Exhibit A Parcel ID No. 529.+29-070.0610.0040 All that piece, parcel or tract of land lying and being situated in Section 29, Township 34 South, Range 29 East, in the City of Sebring, County ofHighlands, State of Florida and being more particularly described as follows. Beginning at an iron pin found, being the Southeastern corner ofLot 19 of the Original Town of Sebring (Desoto Book 3 page: 2) and running with Center Avenue S73042'19"W for a distance of 178.33 feet to an iron pin found; thence leaving Center Ave. and running the common line of Lots 15 and 16 (Desoto Bk. 3 page 2), NI6°19'50"W for a distance of 149.86 feet to an iron pin found on the Southern side of an unopened alley; thence crossing said alley NI5042'10"W fora distance of 14.80 feet to an iron pin found on the Northern side ofs said alley, thence running with the common line ofLots 10 and 9 (Desoto Bk. 3 page 2) NI6°22'29"W for a distance of157.50 feet to an iron pin found on the Southern side of Pomegranate Ave.; thence with Pomegranate Ave. for two courses to wit: N70°3433"E for a distance of 51.89 feet to an iron pin found; thence N46010'04'E for a distance of 164.47 feet (crossing an unopened alley) to an iron pin set on the Southern side of Commerce Ave.; thence with Commerce Ave. S44°21'30"E fora distance of226.55 feet to an "X" in concrete (set); thence with city circle a curve to left with a chord bearing of SI5043'12"W fora distance of237.19 feet (Radius - 285'; Length - 244.63')to This is known as Lots 4-9 and 16-19 inclusive of Block 61, of! Lake View Park in Desoto Book. 3 the Point and Place ofE Beginning. pg. 2, plus all unopened alleys between lots. Property Address: 126 W Center Ave., Sebring, FL33870 LF 20 ATTACHMENT B Highlands County Property Appraiser S-29-34-29-070-0610-0040 126 W CENTER AVE SEBRING,FL33870- Owners AACHENER SERVICES CO LLC Mailing Address 1610HIDDEN PALMS DR DAVENPORI, FL: 33897 nttps:/www.hcpao.org/earch/Parcel/29342907006100040S DOR Code: 18-OFF BLDG MULTI-STORY Neighborhood Code: 5021-S SEBRING DOWNTOWN REDEV. Legal Description TOWN OF SEBRING-TRANS BK-PG6 LOTS 4567-89-161718 19 BLK61 2055 450 7360 E0D0 GPTT 5122 EpcoT 9 BE3 AVE 5000 CRINEE 42762 SEARCH Go Parcel 5-29-34-29-070-070-0610-0040 126 W CENTERI AVE SEBRING, FL: 33870- OFFICE BUILDING Owners: AACHENER SERVICES CO LLC Mailing Address 1610 HIDDEN PALMS DR DAVENPORT, FL3 33897 DOR Code: 18- : OFF BLDG MULTI-STORY Neighborhood: 5021.00 - SEBRING DOWNTOWN REDEV. Millage: 20. - Sebring City Limits Map ID: 69A Legal Description TOWN OF SEBRING-TRANS BK-PG6 LOTS 456-7-8-9-16-17-18- 19BLK61 Value Summary Total Building Value Total XF Value Total Land' Value Total Land value Agri. Income Total Classified Use' Value Total. Just' Value $958,703 $89,783 $235,794 $235,794 NA $1,284,280 $1,284,280 Taxable Value Summary Total Assessed (Capped) Value Total Exemptions Total Taxable Value October. Sales History Official Record Book 1440 2788 Buildings Building 1 $1,284,280 $0 $1,284,280 Please note that property values in this office are being updated throughout the year. The final values are certified in Date 12 12 Qualified or Unqualified Qualified Unqualified Vacant or Improved Improved Improved Type Reason Code 01 11 Sale Price $1,363,000 $100 Page Month Year Inst 1213 1074 1998 NN 2020 WD Quality Effective Repl Cost Index Base Rate 125 Other % Normal % % Dpr Type Model EffectiveArea 62 04 AYB Econ Fnct New Dpr Cond 26,877 $174.00 $4,676,598 1975 0 35 0.00 44.50% 20.50 % 126 W CENTER AVE BAS FUS FUS FUS:242,71:N8 W6 N35 W44 S32 W25 S22 E4 S18 W10 S15 E28 $31 E62 N31 E17 N9 E18 N26 W18 N9 W26 $ FUS:377,70:éN8 W6 N15 W44 S12 W25 S22 E4 S18 S15 E18 S12 E62 N12 E17 N9 E18 N26 W18 N9 W26$ UST:377,70:éN8 E26 S8 W26 $ UST:302,81:-W5: S18 E9 N18 W4 $ UST:242,71-éN8 E26 S8 W26$ UST:268,115:=N9 E18 S9 W18 $ UST,403,114:=N9 E18 S9 W18 $ UST:107,108:=N9 E18 S9 W18 $ BAS:107,42:-W7 N10' W25' W30S S21 W30 S9 W10 S13E4 S33 E20S S22 E18 S2 E18 N2 E24 S2 E18 N24 N9 E18 N1 N25 W18 N31 $ CAN:75,32:W30 W141 N18 E10 N14 E24 S14 E10 $18$ $ CAN:125,98:-N16 E5 N33 E9 S82W91 N33W5$ UST:167,82:W5 $18 E9 N18 W4 $ FST:45,32:éW14 W26 $30 E10 N9 E30 N21 SUST5,75:-W5: S18 E91 N18 W4 $ Note: FUNC OBS-SUPERADEQUACY/OPERATION CENTER- ORIGINALLY FIRST FEDERAL); SUNTRUST UST:9,108:-S24 E20 N24) W20$. CLOSED 2020; EYB INTERIOR REMOD Element Exterior Wall Exterior' Wall 2 Roof Structure Roof Cover Interior Wall Interior Wall 2 Interior Flooring Interior Flooring 2 Heating Fuel Heating Type Air Cond. Type Code 17 0 12 4 5 0 14 17 4 4 3 Description C.B. Stucco None Reinforced Concrete Torch Down (Mod. Bitmen 1 Ply) Drywall None Carpet Precast Concrete Electric Force Air-Ducted Central Element Bath Fixtures Bedrooms CW Quality Common Wall Wall Height Rooms/ /Floor Subareas Type FUS BAS FUS FST CAN CAN UST UST UST UST UST UST UST UST UST Totals Code 47.0 0.0 5 0 12 13 Description Gross Area Percent of Base Adjusted. Area Value $323,420 $316,607 $244,661 $19,904 $12,056 $8,739 $8,561 $3,710 $3,710 $2,889 $2,889 $2,889 $2,889 $2,889 $2,889 $958,703 9,067 8,876 6,859 930 1,128 818 480 208 208 162 162 162 162 162 162 29,546 100.00% 100.00% 100.00% 60.00% 30.00% 30.00% 50.00% 50.00% 50.00% 50.00% 50.00% 50.00% 50.00% 50.00% 50.00% N/A 9,067 8,876 6,859 558 338 245 240 104 104 81 81 81 81 81 81 26,877 Extra Features Unit Orig Year Price Cond On 3.80 % AYB Cond 1975 20% $22,040 1975 20% $23,741 1975 20% $12,752 1975 20% $3,400 Code Descr BLD Length Width Units Value Notes 0411 ASPH 28551 PV 0450 VAULTM 28551 0451 VAULTR 28551 0452 VDMON 28551 0 029,000.00 24 20 480.00 247.30 0.75 42 17 714.00 89.30 0.75 0 0 1.00 0.00 0.75 Unit Orig Year Price Cond On 0.00 0.75 % AYB Cond 1975 20% $680 1975 20% $3,310 1975 20% $6,801 1975 20% $4,109 1975 20% $4,000 CAPACITY 1975 20% $8,950 CAPACITY Code Descr BLD Length Width Units Value Notes 0453 VDREC 28551 0454 DRIVUP 28551 0449 PTUBE 28551 0455 NITEDP 28551 0458 PELEV 28551 0458 PELEV 28551 Land Lines 0 0 0 0 0 0 0 0 0 0 0 0 2.00 1.00 16,550.40 0.75 1.00 34,003.20 0.75 1.00 20,544.00 0.75 1.00 1.00 0.00 0.00 1500 2500 The zoning information contained in this record is not guaranteed. For exact information please contact the Highlands County Zoning Department. Adj Unit Value Notes Prc Land Unit Depth Cond Total Unit Units Type Factor Factor Adj Price Code Descr RD Zone Front Depth 1000 COMMERCIAL B C1 43.00 150.00 43.00 FF 1.00 1.00 1.00 500.00 500.00 $21,500 LT4 1000 COMMERCIAL B C1 200.00 150.00 200.00 FF 1.00 1.00 1.00 500.00 500.00 $100,000 LTS 1000 COMMERCIAL B C1 83.00 150.00 83.67 FF 1.00 1.00 1.00_200.002 200.00 $16,734 LT9 1000 COMMERCIAL B C1 150.00 150.00 150.00 FF 1.00 1.00 1.00,500.00.500.00 $75,000 LTS 1000 COMMERCIAL B C1 47.00 130.00 47.00 FF 0.96 1.00 0.96 500.00 480.00 $22,560 LT19 AVG 5-6-7- 8 16- 17-18 AVG DISCLAIMER: Please note that property values on this site are continuously being updated and are a work in progress throughout the year. The final values are certified in October of eachy year. Highlands County Property Appraiser 560 S. Commerce Avenue Sebring, Florida 33870-3899 Office Hours: 9:00 a.m. to 5:00 p.m. Monday Friday Phone: (863)402-6659 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 AGENDA ITEM#: 13C-Project Report PRESENTER: Noethlich/Robinson BACKGROUND: West Lake. Jackson Project - CivilSurv presented the 90% deliverable for Phase I at the September 3rd meeting and they are working on the 100% deliverable. Further, as an interim solution for the roadway condition. Excavation Point paved several sections oft that portion of Lakeview to smooth out the roadway. Staff is working on obtaining easements. Eco-Park -Contract has been executed, and the City has contracted for Phase I Environmental. Potential FDOT road swap of a portion of SR17- City, County and FDOT had aj preliminary meeting to discuss and will be discussing the logistics ofthe swap = approximate time frame provided by the State was 1.5-2 years. FDOT has set meetings for fourth Thursday ofeach month. Next meeting is scheduled for January 30th. (Due to conflicts meeting was rescheduled to Lakeview Watersports Agreement - has been sent to Lakeview Watersports for their review and staffi is waiting for a response. As directed by Council at the December 17,2 2024 meeting, correspondence has been sent to Lakeview Watersports abandoning the proposal ift the draft license agreement is not executed by January 31,2025. City Attorney isi in communication with February 6, 2025). Relocation ofl Public Works/Utilities - On your agenda for approval. Lakeview Watersports. REQUESTED MOTION: None; fori informational purposes COUNCIL ACTION: APPROVED DENIED TABLEDTO: Moved by: Carlisle Havery OTHER ;Seconded by: Mendel Stewart Bishop. CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 PRESENTOR: Haley AGENDA ITEM#: 14A- City of Sebring Bills BACKGROUND: The bills for the February 4, 2025 meeting will be emailed to you on. January 31,2025. REQUESTED MOTION: Approve the payment of bills as presented. COUNCIL ACTION: APPROVED DENIED OTHER Moved by: Seconded by: DEFERRED Carlisle_ Havery_ Mendel Stewart Bishop CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: February 4, 2025 PRESENTER: Haley AGENDA ITEM#: 14B-Appointment of Planning & Zoning board members BACKGROUND: At a previous meeting it was announced that Mr. Mike Waldron had resigned from the Planning & Zoning Board. Mrs. Kogelschatz, who was, just appointed tos serve another two-year term, has also just resigned from the Board due to her upcoming elected position she will hold on the City Council. This leaves two open positions on this Board. The vacancies have posted on the City's webpage and have been announced at a public meeting since the resignation of Mr. Waldron. To be ai member oft this board you must be ai resident of the City of Sebring or a non- resident oft the City but have an ownership interest in real property and a resident of Highlands County. Attached please find three applications. Mr. Mee has been serving on Staffis recommending that Mr. Mee be appointed to fill Mrs. Kogelschatz position which will expire December 31, 2026 and appoint Mr. Lee and Mr. Jenkins to serve in the unexpired term ofl Mr. Waldron, which will expire December 31, 2025 and the other the P&2 Z Board as an alternate for the past two years. position to serve as an alternate. REQUESTEDI MOTION: Approve the appointment of Mr. Mee as presented and appoint Mr. Lee and Mr. Jenkins to one of the regular and alternate positions COUNCIL. ACTION: APPROVED DENIED OTHER Moved by: Seconded by: DEFERRED Carlisle_ Havery_ Mendel Stewart Bishop Sheet3 *Council President Bishop willi instruct the City Clerk to read the names in alphabetical order. *The candidate with the majority vote will be appointed to serve as al P&ZI Board member. *The process will be repeated with the name of the appointed member deleted in each subsequen *A Councilmember may vote "yes" or "pass". *Each Councimember has one vote per vacancy. NOMINEE Vacancy #1 (Regular voting member) Aaron Jenkins Garrett Lee Page 1 EBRING chy OA THE CIROE BOARD MEMBER APPLICATION Please type or print the followingi information Last Name: JENKINS First Name: AAON M.I. Physical Home Address: 1931 Lakevcw! Dr Gity SEbcing State: FL Zip: 33876 Mailing Address (Ifc different from physical): City:l Doy you own al business? provide namea anda address: Ifsop Home Phone: NA State: Zip: No Business Phone: NA Cell Phone: 66322437597 Email Address: ASE/IEIAIZE COM Arey your registered tov vote? Ifso, where arey What Board(s) arey youi interested in serving? Please list inc order of preference: Sebring your registered? yes, + Planniag Zonins Lista all City Boards on which youl have previous served, including dates. (Please note that ify are serving on a City Board your may have to resign from that Boardi ifa appointed to another Board.) None youa currently Educational qualifications: Bachelor ofseience- Chemienl Ensineeriag Vnivarsity Soeth Florids 1998 List any related professional certifications andI licenses youl hold: Give your present, or most recent employer, employer address, and position: Describe experiences, skills, or knowledge which qualifies yout to on serve the board: attachabriefr resume) Refsioulfag.heer #61906 Florida S'ys0 Techmolssies Prtlandst, Basten, MA 02114 Floor 6t8 Senior Sales 137 Engineer Extensive aspesfspf Projeets, gfssione! experienve withall constrrfion, vtilifiles, anmmbpal (Please Ihereby certify that all the above statements are true, andlagree and understand that any misstatement ifr materiali facts containedi in this application may cause forfeiture upon my part of any appointment. Signature: Date: Jen zh,zoz.s Aaron. Jenkins, PE 1931 Lakeview Dr Sebring, FL33870 863.2243754-aajenkin@yahoo.com Profile: State licensed engineer with wide ranging experience in both electrical systems and PLC based control systems related to general manufacturing, water & wastewater Well versed in managing the design, specification, costing, construction, and startup of av variety ofi industrial projects with an emphasis on the electrical design, controls, and - Proven engineering expertise with more than 20 years of experience in creative problem solving with an emphasis on quick results to minimize manufacturing down Extensive experience with management of teams of engineers and trades people Skilled at meeting the communication needs at various levels from front line workers, - Highly motivated and productivity driven individual with al history of leading teams to treatment, food & pharmaceutical, and industrial refrigeration. personnel safety portions. time. allowing for seamless work flow and expedited results. to upper management, to end-use customers. success. - Particularly adept at producing results under non-ideal conditions. Management Experience International Operations - Effective management of at team ofr nearly a dozen individual project managers and numerous contractors spanning! 5 separate countries. Accomplishments include: Development of a cohesive team from globally dispersed individuals Institution of scalable project management processes with an emphasis on making Implementation of cross training policies to allow for natural dissemination of best Formulation of a unified system global system for the recruitment, engagement, and Creation of SOPS for entryi into, and establishment within, new countries Facilitated growth in sales via technical support oft the sales team and drove down turn-around times through improved operating processes. processes location agnostic practices and elimination of single points of failure evaluation of electrical installation contractors Account Management - Demonstrated skill with developing and managing a team of14 Account Managers handling 20,000 customer accounts representing $100M USD in annual revenue. Development of nationwide process fori identification of key customer accounts in Institution of flexible proactive procedures to maximize continued success with key Creation ofs scalable customer interaction protocols across the entire portfolio to Drive revenue generation through focused efforts to mine customer interactions to several hierarchical categories. customer accounts. ensure retention. identify further sales opportunities. Project Management - Broad ranging experience in management and execution of projects. Costing and quoting ofi industrial projects including light rail transport systems, municipal water and wastewater treatment facilities, food & beverage manufacturing facilities, alternative fuels, and broad network energy management systems. Implementation of standard project management techniques including initiation, planning, execution, monitoring, and close out. Engineering Experience Scope Development - Extended experience with incorporation of customer requirements, system capacities, and estimated budgets to develop a working scope for a variety of projects. Rail-Veyor - Worked with upper management as a consulting engineer to understand the needs of their at-scale light rail material transport system. Developed a scope of work with clearly defined and achievable goals to allow for successful implementation of Publix Manufacturing - Assimilated verbal information from plant management, factory floor operators, and maintenance personnel to assemble scopes of work ranging - Publix Warehousing - Performed extensive analysis of refrigeration capacity and worked in conjunction with plant personnel to develop a working project scope for an the project. from ozone treatment of bottled water to various plant utilities. 11 acre refrigerated facility. Engineering Design - State of Florida Professional Engineer license #61906. Have practiced electrical and controls design in a wide range of fields. Rail-Veyor - Wrote general specifications and produced electrical and P&ID prints for Water Treatment Facilities - Developed necessary prints and clear text specifications for multiple trades for a variety of water treatment plants at the municipal and private industry level. Working familiarity with aerobic and anerobic systems, reverse osmosis, Alternative Fuels - Produced necessary documentation for bidding and contracting and construction of an approximately 2 million gallon bio-diesel production plant. Extended work with development ofa a plug-flow reactor to allow for continuous bio-diesel thei first at-scale light rail material hauling system. distillation, and disinfection. production. Project Execution - Large body of worki in a variety of industries that allows for an appreciation of the nuances of each industries while leveraging similarities between them. Maui Land & Pineapple - Evaluated a newly built but non-functioning pineapple facility. Pinpointed keyl bottlenecks and breakdowns and devised novel solutions to address them. Increased throughput by approximately 400% and reduced the error rate 1 TECO Demand Response Program - Developed the hardware platform, assembled the installation contractor network, and handled communications between the end use customer, Tampa Electric Company, and EnerNOC (based in Boston) to support a 35MW distributed demand management program throughout the Tampa area. to less 0.05% Employment History: SYSO Technologies, 2021-Present, Boston MA Senior Sales Engineer - Primary responsibility for specification of wholesale electricity operations services for grid scale renewable energy projects of up to 250MWS. Notable Project - Specification, design, and simulation of a 22.5MW front-of-meter battery intended exclusively fori frequency regulation operation ini the greater PJM interconnect. James Hardie Building Products, 2018-2021, Plant City FL with a net value of 510,000-510,000,000 Senior Project Engineer - Primary responsibility for all plant infrastructure projects I Notable Project - Design, contracting, permitting, construction, and: startup ofa new one million gallon water treatment plant at the Plant City Florida facility. Project was designed to the unique needs of ther manufacturing plant and was installed in phases to allow removal oft the old plant and maintain production capabilities at all times. NSite Engineering, 2016- Present Lakeland, FL Director of Engineering Sales - Primary responsibility for sales of alli industrial controls, system integration, and sanitary stainless fabrication work. Significant achievements include development of sales ini the municipal verticals as well as establishment of sales Notable Project - Quoting, design, installation, and startup of a new beverage bottling line for a beverage co-packer. Completed project included electrical design, controls design, equipment specification and installation/startup ofa a 300 bottle per minute relationships with major manufacturers in Florida. manufacturing line. EnerNOC, Inc, 2007 -2 2016 Lakeland, FL Principal PM - Principal Project Manager for leading EnerNOC product trollouts including Industrial EIS and enterprise level API deployment at premiere customer Senior Manager / Principal PM - Manager of numerous operations focused teams including International Operations, Market Leads, and Field Services. Team size has ranged from 12 to 22 persons with far reaching responsibilities across global operations. Manager- Responsible for all operational aspects associated with launching a new international subsidiary including recruitment of local talent to staff operations, adapting existing US technology and methodology for use in the UK, development of all operational policies and processes, and assistance with customer recruitment. Project Manager /S Senior Project Manager Responsible for numerous duties relating to the deployment, operation and maintenance of Demand Response facilities. Independently deployed and maintained local a 35MW DR program while handling enablements simultaneously in 10 other states. Also developed rapid cost estimation locations. tool to assist in determination of site profitability. Notable Projects: TECO Demand Response Program - Worked independently to execute numerous facets of the program including hardware design, contractor recruitment, customer relations, and site enablement. The program encompassed 35MW of networked emergency power resources comprised of approximately 100 separate manufacturing facilities. - EnerNOC, European Subsidiary - Launched and developed a startup subsidiary in London, UK. Responsible for all aspects of operations in the UK including local talent recruitment, sales support, adaptation of existing technologies to the international market, and integration with the parent US company. Curry Controls Company, Inc, 1998-2007 Lakeland, FL Project Engineer Work experience includes all phases of process control and process engineering. Handled recruitment and supervision of numerous engineers and tradepersons dedicated to the design and execution of numerous engineering projects inv various fields. Notable Projects: R Refrigeration Design & Control - Designed and developed unique multi-million dollar PLC-based ammonia refrigeration control system for Publix, a major national grocery chain. Duties included decommissioning of existing equipment, design and installation of new system, programming and: startup, general project > Produce Processing - Assumed responsibility for a new non-functioning pineapple processing facility in Maui, HI. Worked through the process oft transfer ofr responsibility (original contractor failed to meet the project scope requirements), performed holistic system analysis oft faults, designed and implemented novel solutions to achieve required error and throughput rates. - Biodiesel Plant Construction - Responsible for electrical & controls design, installation & startup of the electrical and controls portion of a new multi- feedstock biodiesel plant. Plant was constructed in a converted citrus processing facility and involved creative re-use of existing hardware. management. Education: The University of South Florida Bachelors of Chemical Engineering Graduation: August 1998 Licensed Professional Engineer since 2004, State of Florida, #61906 EBRING chyon THE CIRAE BOARD MEMBER APPLICATION Please type or print thet following information Last Name: Lee First Name: barra# M.I. P Physical Home Address: 2630 Lafeview Drive cvibny State: FL Zip: 33870 Mailing Address (If different from physical): San City:l State: Zip: Doy youd own ab business? Ifs sop provide name anda address: Home Phone: MIA Business Phone: 863-794-7432 Cell Phone: B04-573-5753 Email Address: 4igegmahcan Arey your registered to vote? Ves Ifs so, where are your registered? What Board(s) are youir interestedi in Zanigs serving? Please list in order ofp preference: -Sebrin, Precinet IR P42Bd List all City Boards on which youl have previous served, including dates. (Please note thati ify you are currently serving ona a City Boardy you mayh have tor resign fromt that Boardi ifa appointed to another Board.) Manc Educational qualifications Mayters - merayw /2n/z Penn SKt) ayeeng List any related professional certifications) andl licenses you hold: Give your present, or most recent position: Describe experiences, skills, or knowledge which qualifies you to serve on thel board: (Please attacha abriefr resume) E.T.T. Sth Flarra Shake Lalege employer, employer address, and 60R w Lalege Drna Avrna fark FL >3225 Tas/rwator Emeera Progran Ihereby certify that all the above statements are true, andl lagree and understand that any misstatement if material facts contained in this application may cause forfeiture upon my part of any appointment. Signature: Date: 22 Jan 2025