AGENDA ORDER AND PROCEDURE OF COUNCIL MEETING TUESDAY, MARCH 18, 2025 5:30 P.M. 1. CALLTO ORDER 2. INVOCATION: 3. PLEDGE OF ALLEGIANCE: 4. ROLL CALL: 5. ANNOUNCE BUSINESS FROM AUDIENCE PROCEDURE: 6. MAYOR'S REPORT: A. Proclamation: Child Abuse Prevention Month B. Proclamation: Honoring Councilwoman Terry Mendel 7. COUNCILMEMBERS CONCERNS, COMMENTS, LIAISON REPORTS: 8. CONSENT. AGENDA: A. Approval of minutes: Haley B. Announcement of upcoming meetings: Haley C. COPCN application to Highlands County BOCC and Medical Director Contract for Non Transport ALS Program: Border D. Mittauer & Associates Inc./CPH Consulting LLC Acquisition: Cook E. Approve out of state travel/New Aerial Fire Truck: Border F. Children's Business Fair & Festival: Kelly Dressel G. Use of Circle for Community Prayer Gathering: Chantel Parris H. Waiver of Civic Center Fees/Restoring You Ministries: Elsa Caballer-Simpson 9. OLD BUSINESS: 10. NEW BUSINESS: A. Ordinances #1536 and #1537: Bishop B. Public Hearing & Ordinance #1536 Amendment to Future Land Use Map/1809 Home Ave (1sfreading): Bishop/Swaine/Barmby C. Public Hearing & Ordinance #1537 Amendment to Zoning Map/1809 Home Ave (1St reading): Bishop/swaine/Barmby D. Proposed lease of the Sebring Municipal Golf Course: Blackmon/Sykes E. 2025 Legislative Bill Update: Lee 11. BUSINESS FROM AUDIENCE: 12. CITY ATTORNEY'S BUSINESS: A. Plat approval for the Three Amigos Subdivision B. Proposed ordinance for property located outside of City limits to connect to City Utility System (1s reading) 13. CITY ADMINISTRATOR BUSINESS: A. Proposed Road Transfers B. Project Report 14. CITY CLERK'S BUSINESS AND. ANNOUNCEMENTS A. Bills for Approval Any person who might wish to appeal any decision made by the City Council of Sebring, Florida, in public hearing or meeting is hereby advised that he will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made which will include the testimony and evidence upon which such appeal is to be based. The City Council of Sebring, Florida does not discriminate upon 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: March 18, 2025 PRESENTOR: Mayor Shoop AGENDA ITEM#: 6. A - Proclamation on Child Abuse Prevention Month BACKGROUND: Please find attached a Proclamation observing the month of April 2025 as Child Abuse Prevention Month. REQUESTED MOTION: None requested. Mayorial proclamations do not require Council action. PROCLAMATION Child Abuse Prevention Month in Florida WHEREAS, Florida is committed to improving the lives of all Floridians and securing a better future for the citizens of this state; and WHEREAS, children who have adverse childhood experiences (ACEs) are at a higher risk of short and long-term physical, psychological, and behavioral challenges that can impact the individual child and the greater community; and WHEREAS, parents and caregivers who have resources and support are better equipped to give their children safe and nurturing experiences; and WHEREAS, children have better mental health and physical health and academic suçcess when they are raised in as safe, stable, and nurturing environment; and WHEREAS, the Florida Department of Children and Families Secretary has a vision for holistic services by integrating systems and services; and WHEREAS, the State of Florida has established Hope Florida A Pathway to Prosperity, a personalized approach to helping families overcome barriers to self-sufficiency through community collaboration; and WHEREAS, Floridians can call 850-300-HOPE to speak with a Care Navigator for support to develop a plan to achieve economic self-sufficiency, referrals to local partners, and help identifying goals and barriers in their lives; and WHEREAS, during the month of April, Prevent Child Abuse Florida, in collaboration with the Governor's Office of Adoption and Child Protection, the Florida Department of Children and Families, and The Ounce of Prevention Fund of Florida, implements Pinwheels for Prevention, a statewide coordinated campaign to raise awareness of child abuse prevention efforts by teaching about healthy child development and positive parenting practices, and establishing Circle of Parents peer support groups; and WHEREAS, Child Abuse Prevention Month provides everyone a chance to learn how they can play a role in preventing abuse and neglect including adverse childhood experiences (ACEs); and WHEREAS, Child Abuse Prevention Month reminds Floridians of all ages that they can help children increase positive childhood experiences, which lead to happier, healthier childhoods. NOW, THEREFORE, BE IT PROCLAIMED that I, John Shoop, Mayor of the City of Sebring, Florida, do hereby proclaim the month of April 2025 as "CHILD ABUSE PREVENTION MONTH" in the City of Sebring and extend my support to all observing April 2025 as Child Abuse Prevention Month in Florida. In witness thereof, I have hereunto set my hand and caused the great seal of the City of Sebring, Florida this 18th, 3 day of March in the year of Our Lord two thousand twenty-five. Seal of the City of Sebring John Shoop, Mayor Kathy Haley, CMC, City Clerk CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTER: Mayor Shoop AGENDA ITEM#: 6 B = Proclamation honoring Councilwoman Terry Mendel BACKGROUND: Please find attached a Proclamation acknowledging the contribution that Terry Mendel has made in her 3 years of public service to the City. Mrs. Mendel' S last day on Council will be March 31, 2025. Mayor Shoop will present Mrs. Mendel with a Proclamation as an appreciation for her years of dedicated service. REQUESTED MOTION: None requested; Mayorial proclamations do not require Council approval. PROCLAMATION WHEREAS, THE HONORABLE TERRY MENDEL HAS SERVED AS A MEMBER OF THE CITY COUNCIL OF THE CITY OF SEBRING, FLORIDA FROM APRIL 2022 THROUGH MARCH 2025, AND WHEREAS, MRS. MENDEL HAS CARRIED OUT THE DUTIES AND RESPONSIBILITIES OF THE CONSTITUTIONAL OFFICE FOR WHICH SHE WAS DULY ELECTED BY THE CITIZENS OF THE CITY OF SEBRING, WITH HONOR AND DIGNITY, AND WHEREAS, SHE HAS GIVEN UNSELFISHLY OF HER TIME, ENERGY AND EXPERTISE IN THE BEST INTEREST OF THE CITY AND ITS CITIZENS, EXPECTING LITTLE IN RETURN OTHER THAN THE KNOWLEDGE THAT HER CONTRIBUTIONS HAVE HELPED TO MAKE OUR BEAUTIFUL CITY A BETTER PLACE TO LIVE, AND WHEREAS, THE HONORABLE TERRY MENDEL THROUGH HER EXEMPLARY PUBLIC SERVICE, HAS BROUGHT GREAT CREDIT UPON HERSELF, HER FAMILY AND HER COMMUNITY, THEREFORE, I, JOHN SHOOP, MAYOR OF THE CITY OF SEBRING, DO HEREBY PROCLAIM THAT THE CITIZENS OF SEBRING DO CONVEY THEIR SINCERE RESPECT AND APPRECIATION TO THE HONORABLE TERRY MENDEL FOR HER DEDICATION AND COMMITMENT TO THE CITY, ITS CITIZENS AND THE QUALITY OF LIFE WE HOLD SO DEAR IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebring, Florida to be affixed this 18th day of March in the year of our Lord two thousand twenty-five. John Shoop, Mayor ATTEST: Kathy Haley, City Clerk CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTER: Bishop AGENDA ITEM#: 8 - Consent Agenda BACKGROUND: Item 8 A through 8 H 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. REQUESTED MOTION: Approve consent agenda as presented. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Carlisle Havery Mendel Stewart Bishop TABLED TO: OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTOR: Haley AGENDA ITEM#: 8A Approval ofMinutes BACKGROUND: The minutes from your regular meeting on March 4, 2025 were emailed to you on March 12, 2025. REQUESTED MOTION: Approve minutes as presented. COUNCIL ACTION: APPROVED DENIED Moved by: Seconded by: DEFERRED Carlisle Havery Mendel Stewart Bishop OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTER: Haley AGENDA ITEM#: 8B = Announcement ofUpcoming Meetings BACKGROUND: The following meetings and/or workshops are scheduled between March 18th and April 1, 2025. Date Time Meeting Participant(s) 03/20/25 1:00 p.m. Sebring Airport Authority Liaison Carlisle 03/24/25 5:30 p.m. Community Redevelopment Agency Liaison Havery 03/25/25 5:30 p.m. Code Enforcement Board Liaison Stewart 04/01/25 5:30 p.m. City Council Meeting Mayor/City Council/City Clerk COUNCIL ACTION: APPROVED Moved by: ; Seconded by: DENIED Carlisle Havery Mendel Stewart Bishop TABLED TO: OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTER: Border AGENDA ITEM#: 8 C- COPCN application to Highlands County BOCC and Medical Director contract for non-transport ALS program BACKGROUND: On November 19, 2024, City Council approved the creation of a Non- Transport ALS Program within the fire department with services to begin as soon as possible. The next step in this process is approval of the contract for medical director services from Dr. Geldart. He has been our BLS medical director since 1999 and is the medical director for Highlands County Fire Rescue. The COPCN from Highlands County states we use the same medical director. Once this contract is complete we can apply for our COPCN to Highlands County. REQUESTED MOTION: Approve the contract for medical director services from R&D Medical Services, P.A. (Dr. Geldart). Authorize Mayor John Shoop to sign the COPCN to present to Highlands County BOCC. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Carlisle Havery Mendel Stewart Bishop TABLED TO: OTHER MEDICAL DIRECTOR AND CONSULTING AGREEMENT THIS IS AN AGREEMENT effective 2025, between the CITY OF SEBRING, a Florida municipal corporation (herein called the "city"), whose mailing address is 368 South Commerce Avenue, Sebring, Florida 33870, and R&D MEDICAL SERVICES, P.A., a Florida Corporation, (herein called "R&D"), whose mailing address is 6235 Sun N Lake Blvd., Sebring, FL 33872. BACKGROUND City maintains a Fire Department that provides first response emergency medical services that include both Basic Life Support Services (herein called "BLS") and Advanced Life Support Services (herein called "ALS") in the City. R&D is a professional medical services corporation engaged in providing professional medical direction and consulting to medical service providers Dr. Donald B. Geldart is the President of R&D. R&D provides physicians who are licensed physicians pursuant to Florida Statute and who are qualified to furnish administrative, medical management, medical direction, and consulting services to various health care providers and facilities. City wishes to engage R&D to provide medical direction and consulting services and provide a medical director for its BLS and ALS Services and R&D is willing to be engaged to do sO. TERMS NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth, the parties agree as follows: 1. ENGAGEMENT. City hereby engages R&D to provide a Medical Director, medical direction and consultation services to the City's Fire Department (herein called "SFD"). R&D hereby accepts the engagement upon the terms and conditions set forth herein and acknowledges that the services required hereunder are reasonable and necessary for the legitimate business purposes of the arrangement. 1 2. SERVICES. R&D shall provide a Medical Director and perform medical direction and consulting services (herein called "Medical Director Services"), including, but not limited to the following services: a. Provide medical direction for SFD's BLS and ALS Service; b. Review, as necessary, appropriate patient medical records; C. Provide such medical orders as may be necessary and appropriate; d. Consult and provide consultation services for the BLS and ALS Service performed by SFD personnel; e. Advise and consult regarding implementation of SFD's BLS and ALS Service, policies and procedures for the provision of its services; f. Assist as necessary and appropriate in the development and implementation of quality emergency medical programs and modalities to meet the needs of SFD, within the restraints imposed by available resources, and participate in the development, as necessary, of written policies, rules and regulations to govern patient care provided through SFD; g. Participate in SFD's quality assurance and risk management utilization review programs, as necessary and appropriate; h. Conduct periodic evaluations of the adequacy and appropriateness of BLS and ALS Service provided by SFD and assist the staff, as appropriate, with respect to selection and requisition of BLS and ALS Service equipment and support services; and i. Perform such other duties as may from time to time be agreed to between R&D and the City. 3. REPRESENTATIONS BY R&D. R&D represents that it will provide physicians that, through the terms of this agreement, are licensed to practice medicine in the State of Florida and are participating physicians in the Medicare and Medicaid programs. 4. COMPENSATION. a. The City shall pay R&D the sum of $6,000.00 per year, payable at $500.00 per month, beginning one month after the full execution of this agreement and continue the same day of each month thereafter until this agreement is terminated pursuant to the terms herein: 2 5. INDEPENDENT CONTRACTOR. R&D's relationship with the physicians that it provides as Medical Directors shall, at all times, be solely that of independent contractor. No work, act, commission or omission by a R&D physician shall be construed to make or render R&D an agent, employee or partner of the City or any of its subsidiaries for any purpose. R&D shall be solely responsible for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security, workers' compensation and other taxes and benefits. R&D shall have no authority to bind the City to any contract, commitment, negotiation or proceeding, unless specifically authorized in advance and in writing by an authorized officer of the City. The City shall have no authority to bind R&D, or any of its officers or employees, to any contract, commitment, negotiation or proceeding, unless specifically authorized in advance and in writing by an authorized officer of R&D. 6. TERM. The term of this agreement shall be for a period of two (2) years, commencing as of the date of full execution hereof. At the end of the initial term, this agreement shall be automatically renewed for successive terms of two (2) years until terminated in accordance with the next section. 7. TERMINATION. a. OPTIONAL TERMINATION. After the initial term, either party may terminate this agreement at any time without cause, upon giving the other party at least one hundred and eighty (180) days prior written notice. b. TERMINATION FOR CAUSE Either party may terminate this agreement upon the happening of any of the following: 1. Violation by the other party of any material provision of this Agreement, providing such violation continues for three (3) days after receipt of a written notice to the violating party specifying such violation with particularity. 2. Adjudication of the other party as bankrupt, liquidation of the other party for any purpose, or appointment of a receiver to take charge of the other party's affairs, 3 provided such appointment remains undischarged for sixty (60) days. C. TERMINATION FOR CONVENIENCE. City may terminate R&D for City's convenience upon providing R&D thirty (30) days notice. d. EFFECT ON COMPENSATION. As of the date of termination, R&D and the City shall be released of any responsibility or obligation hereunder, except that R&D shall be paid all sums due under this agreement up until the effective date of termination. 8. INSURANCE. R&D shall obtain and maintain, at R&D's expense, the following insurance from one or more companies authorized to issue such insurance in the State of Florida and shall not commence Work hereunder until such insurance is obtained and approved by City: A. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE: R&D shall maintain automobile liability insurance with a limit of not less than $1,000,000 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non- owned autos.) The policy shall be endorsed to provide contractual liability coverage. B. WORKERS' COMPENSATION: Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws, the policy must include Employers' Liability with a limit of $500,000 each accident, $500,000 each employee, $500,000 policy limit for disease. C. ERRORS AND OMISSIONS COVERAGE: R&D shall maintain Errors and Omissions insurance coverage for the professional services provided hereunder with limits of liability of not less than $250,000 per claim, $750,000 annual aggregate in coverage. D. EVIDENCE OF INSURANCE: R&D shall furnish the City with Certificates of Insurance. The Certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City of Sebring is to be specifically included as an additional insured on all policies except Workers' Compensation and Errors and Omissions coverage. If R&D is exempt from workers' compensation requirements, it shall submit a DWC- 252 Certificate Exemption Form. In the event the insurance coverage 4 expires prior to the completion of the project, a renewal certificate shall be issued 30-days prior to said expiration date. All certificates of insurance must be on file with and approved by the City before the commencement of any work activities. 9. INDEMNIFICATION AND HOLD HARMLESS. R&D hereby acknowledges and confirms that the contract prices include the consideration for this indemnification and hold harmless. R&D shall, in addition to any other obligation to indemnify City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, its elected officials, employees, agents and volunteers 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 performance of this contract, unless caused by the sole negligence of the City, its elected officials, employees, agents or volunteers. Any cost or expenses, including attorney fees (including appellate, bankruptcy or patent council fees), incurred by the City to enforce this agreement shall be borne by R&D. This ndemnification shall also cover all claims brought against the City, its elected officials, employees, agents or volunteers by any employee of R&D, subcontractor, or anyone directly or indirectly employed by any ofthem. In the event oftermination oft this contract for any reason, the terms and conditions of this paragraph shall survive indefinitely. 10. MISCELLANEOUS. a. ENTIRE AGREEMENT/MODIFICATION. This agreement sets forth the entire agreement of the parties with respect to the subject matter hereof, and supersedes any prior agreements, oral or written, and all other communications between the parties relating to such subject matter. This agreement may not be amended, altered or modified, except by mutual written agreement. All continuing covenants, duties, and obligations hereunder shall survive the expiration or earlier termination of this agreement. b. CAPTIONS. The captions contained herein are solely for convenience and shall not be deemed to define or limit the provisions of this agreement. 5 c. SEVERABILITY. In the event any provisions of this Agreement is held to be unenforceable or invalid for any reason, this Agreement shall remain in full force and effect and enforceable or inviolate provision. d. NO WAIVER. Any failure of any party to enforce that party's rights under any provision of this Agreement shall not be construed or act as a waiver of said party's subsequent right to enforce any other provisions contained herein. e. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. f. FORCE MAJEURE. Neither party shall be liable or be deemed in breach of this Agreement for any failure, delay or performance which results, directly or indirectly, from acts of God, civil or military authority, public disturbance, accidents, fires or any other cause beyond the reasonable control of either party. g. COUNTERPARTS. This Agreement may be executed in one or more counterparts, all of which, together, constitute only one agreement. h. NOTICES. All notices hereunder by either party to the other shall be in writing, delivered personally by certified or registered mail, return receipt requested, or by Federal Express or Express Mail, and shall be deemed to have been duly given when delivered personally and when deposited in the United States Mail, postage prepaid, or when deposited with Federal Express or Express Mail. i. ASSIGNMENT, BINDING EFFECT. The city may not assign or transfer any of its rights, duties or obligations under this Agreement, in whole or in part, without prior written consent of R&D. This Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, representatives and successors, and permitted assigns. j. DEFAULT. Should either party attempt to enforce the terms of this agreement through the courts, the prevailing party shall be entitled to all costs thereof, including a reasonable attorney's fee at trial and through appeal. AGREED TO BY CITY this day of 2025. CITY OF SEBRING 6 John Shoop, Mayor ATTEST: Kathy Haley, City Clerk AGREED TO BY R&D this day of 2025. R&D MEDICAL SERVICES, P.A. 7 Donald B. Geldart, President Two Witnesses as to R&D SIGN PRINT SIGN PRINT 8 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTER: Cook AGENDA ITEM#: 81 D - Mittauer & Associates Inc./CPH Consulting LLC Acquisition BACKGROUND: Mittauer & Associates Inc. is currently the City's consultant on CDBG grant projects as well as aj part of our Library of Engineers. The CEO ofMittauer & Assocaites, Joe Mittauer, recently announced his retirement. Part of the "changing ofl hands" is the acquisition ofMittauer & Associates by CPH Consulting LLC. CPH Consulting has a broad history in engineering consulting that includes projects in all types of services. A CPH Consulting information booklet is attached which outlines their extensive knowledge and background. CPH plans to keep the same Mittauer employees on staff and allow us to continue working with them on our projects to make for a seamless transition. REQUESTED MOTION: Please approve continued and future project operation with the newly merged company, CPH Consulting LLC, and allow the City Administrator to sign the Consent of Assignment of Contract with Mittauer & Associates, Inc. And instruct the City Attorney to draft a contract to add CPH into the current Library of Engineers as an unsolicited RFQ upon receipt of required rate sheet, and insurance forms. Attachments: /Consent to Assignment of Contract with Mittauer & Associates /CPH Consulting Company Information Booklet COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop. Havery Mendel Stewart Carlisle TABLED TO: OTHER MITTALER AABBOBIATESIING: CONSULTING ENGINEERS & PROJECT FUNDING SPECIALISTS 1989-2024 ENGINEERING 35ae EXCELLENCE 580-11 WELLS ROAD ORANGE PARK, FL: 32073 PHONE: (904) 278-0030 FAX: (904) 278-0840 WWW.MITTAUER.COM: March 6, 2025 City ofSebring Attn: Scott Noethlich, City Administrator 368 South Commerce Avenue Sebring, Florida 33870 Re: Consent to Assignment of Contract with Mittauer & Associates, Inc. Dear Mr. Noethlich: We are pleased to announce the retirement of the founder of Mittauer & Associates, Inc. ("Mittauer"), Joe Mittauer. In connection with Joe's retirement, Mittauer is combining with CPH Consulting, LLC ("CPH"), a well-established architectural and engineering firm that was established in 1981 with a focus on public projects. In connection with the combination of Mittauer and CPH, Mittauer will assign its agreement (and all amendments, work orders, purchase orders and other documentation executed thereunder, collectively, the "Contract") with you (which is specified in more detail on Schedule I). By way oft this letter, we request your consent to the assignment of the Contract to CPH (the "Consent"). By signing this letter, you (i) Consent to the assignment of your Contract, (ii) waive any notice requirements in connection with the assignment, (iii) agree that you will not terminate any rights you may have under the Contract as a result of the assignment, and (iv) acknowledge that the Contract will continue in effect following the assignment. Your Consent will not amend, modify or otherwise affect the terms and conditions ofthe Contract, which will remain in full force and effect; CPH will assume the obligations to perform the Contract pursuant to its terms. Please have the appropriate authorized representative sign this letter below and return it to us as soon as possible at the following address with a pdf copy via email to the attention of: Mittauer & Associates, Inc. 580-1 Wells Road Orange Park, FL32073 Attn: Joe Mittauer Email: Dbrown@Mitauer.com MITTAUER GASSOCIATES,/NC. CONSULTING ENGINEERS & PROJECT FUNDING SPECIALISTS 1989-2024 ENGINEERING 35ae EXCELLENCE 580-1 WELLS ROAD ORANGE PARK, FL32073 PHONE: (904) 278-0030 FAX: (904) 278-0840 WWW.MITTAVER.COMI We appreciate your prompt attention to helping us complete our combination with CPH. If you have any questions or need further information, please feel free to contact me ((904) 278.0030, X- 1641), Greg Lang ((352) 222.8372), or Beth Brown ((904) 278.0030, X-1654). Sincerely, Mittauer & Asseciates, Inc. Joseph A. Mittauer, P.E. President AGREED AND ACCEPTED: Entity Name: City of Sebring, Florida By: Name: Title: Date: MTTALER BABSOCIATES,IN. C. CONSULTING ENGINEERS & PROJECT FUNDING SPECIALISTS 1989-2024 ENGINEERING 354nr EXCELLENCE 580-1 WELLS ROAD DRANGE PARK,FL32073 PHONE: 1904)278-0030 FAX: (904) 278-0840 WWW.MITTAUER.COM Schedule I The Contract 1. General Terms and Conditions to Contract for Continuing Services by and between the City of Sebring, Florida and Mittauer & Associates, Inc., dated July 16, 2024. 2363173 Gph LY - ) JNG STRONGER MUNITIES AETHER A FULL-SERVICE A&E DESIGN FIRM U - - I N N A - 1 - I : - M 9 / / < s ç 9 04 37 1 ( 8 - e a A R E - - a - AU - - a a 6 00 - 1 a - / ETT I o CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTER: Border AGENDA ITEM#: 8 E - Approve out of state travel/New Aerial Fire Truck BACKGROUND: The purchase of our new aerial truck will require two trips to Appleton, Wisconsin. Austin Maddox, Carlos Rivera and I will be making both trips. The first is a pre-construction conference that is scheduled for April 21, through April 24, 2025. The second will be scheduled for when the truck is complete and will be a final inspection trip. This will be: scheduled at a later date, hopefully, January of 2026. There are no costs to the city for these trips. REQUESTED MOTION: Approve out of state travel to Appleton, Wisconsin on April 21-27, 2025, and again at a date to be determined in early 2026 for our aerial truck pre- build conference and final inspection. COUNCIL ACTION: APPROVED Moved by: > Seconded by: DENIED Carlisle Havery Mendel Stewart Bishop TABLED TO: OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTER: Kelly Dressel AGENDA ITEM#: 8 F. - Children' s Business Fair & Festival BACKGROUND: Please find attached a special event application (Attachment 1) submitted by Kelly Dressel on behalf of the Children's Museum of the Highlands County. She is requesting the attached road closure (Attachment 2) on Sunday, October 5, 2025 from 12:00 p.m. to 4:00 p.m. and use of Sadie Kahn Park for the Children's Business Fair & Festival. Fees for Services: Police Services $ -0- Fire Services $ -0- Public Works $ 650.00 (Attachment 3) Total $ 650.00 Note: Event organizer is requesting waiver of fees REQUESTED MOTION: Approve event as presented conditioned upon providing the appropriate Insurance Certificate showing at least $1 million dollars ofLiability Insurance and naming the City as additional insured at least ten days prior to the event. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Carlisle Havery Mendel Stewart Bishop TABLED TO: OTHER ATTACHMENT 1 City of Sebring Page One of Two Special Event Application Section 01 - Organization Information Name of Organjzation Chldrwis Museum oF the tguards Street Address, City State Zip Code 219 N kdqcw wood DR Sebung n 33870 Telephone Number Fax Number Are you a 501(C)3 or other non-profit Organization? olies 8l3. 451-5385 Ifyes, Corporate Name: Childyus Musaum of thawlands Person in Charge / Contact Person Affiliation Kcll Dressel Execidive Difectr . Eveut Street Addres Orunzer City State Zip Code 219 N Ridqwoni by Scomyy R 33870 Emgil Address Telephope Mobilel Phone Number Phone Number on! Day of Event: dwectoy 0 Ml druis 802 31-2733 05 2 81 L2133 mysam hidklans. Com Section 02-E Event Information U Name of Event 5 Event Repetition Monthly VAnnual Date(s) of Event (mm/dd/ycar) Childrens Businers Faiy Fostival other: Sund ay Oet 5,2025 Rain Date (if applicable) Multi-day? LNo Lyes Starting" Time of Event Ending Timéof Event lfyes, how many? 12:00 PM 4:0 pm Desired Location oft the,event: You must include ano overv map that putlines the locationg and layouro ofyour event. NoV Rid gewodd DRIVe Pom Cvele Havk De to M.AmestSodi favk General description of théevent: Commuwaty festival wocth Pouuly, focused 2 - eutetaimet. Evewk feotwres 4the 4%5 Chldreus Busiwass faLR. gavses Event Participation- Anticipated Number of: Participants: 100 Spectators: 20D0 Vendors: 10 Vehicles: 4-8 Event Questionnaire- Please answer EACH question so that we may adequately assist you with planning for your event. Issue Special Events Coordinator-Action Doy you need any streets or roadways closed for thee event? IF"yes', permission willl ber needed to close roadways. State Road closurcs (US 27,SR 17, No Gives etc.) require DOT approval. County: and local roads require City Council or County Commission: approval. Do you need any parking restrictions enacted for the event? No CNves IF" "yes", permission to close city parking lots and public parking spaces must be grantedt by the city council Willy youl be usinga a city parkt tol hold youre event? No Rres Facilitys availability must be verified and City Council approval may be required. Ist the event considered "high-risk" "? (e.g. sea-plane fly-in, boat races, water- Tf"yes", safety aspects oft the special event need to be coordinated with public safety entities. related athletic event, balloon fest, etc.) ENo Cves Willt there be any special demonstrations at the event? (i.e. stunt shows, friving If"yes", safety aspects oft the special event need to be coordinatod with public safety entitics. cxhibitions, bumout contests, ctc.) MVNo Cles Doest the event pose any special concern for public safety due to thej presence of If"yes", safety aspects oft thes special event ueed to be coordinatod with public safety entities. hazardous matcrials, chemicals or other conditions? V No CMes Willt there be any fireworks or pyrotechnics? KNo Cves TF"yes", the vendor must be licensed and thes safety aspocts of the special event need to be coordinated with public safety entitics. Willy you bcs sclling, scrving or distributing alcohol at thc cvent? ENo IF" "ycs",t thc cvent nceds tol bc licensed thruugh thc Division of Alcoholic Bcveragcs and Dves Tobacco (DABT). Licensure information cab be obtained at (850) 488-8284. Willp people be allowed to consume alcohol while at your event? IF" "yes", in addition to an alcohol license, an' "alcohol variance" may have tol be grauted by No Ves the Sebring City Council. Willf food vendors be cooking or serving food at the event? No Myes TF" "yes", provide the event coordinator with a copy ofl DBPR Form HR 5030-034 which outlines food vendor notification and liceasure requirements. Willt there be a band, DJ or other musiclentertainment ati the event? If" "yes", a variance for the "Noise Ordinance" might This should be No VI Yes city's be necessary. requested through the Sebring City Council. Docs your cvent nccessitatc the usc or sctup of any temporary struclures suche as IF"ycs", permits may! bci uccessary and thesc structures mayl have to bci inspocted tents, canopies. buildings, stages, etc.? No Dles Will your event utilize the City Stage? JNo Eves If" "yes", rental may! be arranged through the City of Sebring. Doy you want to display or hang any banners or signs above the roadwayi in IF" "yes", then approval may bei necessary. For banners on state roads, a DOT Banner Request reference toy your event? Sept 29- Ock 5 JNo Myes must be completed and approved. Is thee event "animal related" (animal rides, rodeos, zo0s, races, etc.)? Ff"yes", ensure that safe and appropriate animal handling measures have been put inj place. No Des *** 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 Page Two of Two Hold Harmless Agreement IndemmificationHold Harmless Agreement Applicant hereby agrees to indemnify and hold the City ofSebring ("City") harmless from any and all damages, loss or liability occurring by reason if any 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 of them 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, at its own cost and expense, defend and protect the City against any and all claims or demands which may be claimed to have arisen as ai result of or in connection with the special event by Applicant or its officers, agents, representatives, guests, employees, invitees, or persons contracting with any oft 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 ofthem. 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 of the special event by Applicant or its officers, employees, agents, representatives, guests, invitees, or persons contracting with any of them. If required by City Council, Applicant agrees to maintain liability insurançe for the event in an amount of at 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's liability policy and will provide a current Certificate of Insurance prior to the event as evidence of Applicant's compliance. 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 Applicant. Kenly, Dersel Execuhive Dirclor, Host Printed Nathe Relationship to Eyent OrganizAtion elhp - - ne! - chd wt Signature Date alnps Witness ATTACHMENT2 : S 5 o 6 S € 2 9 I < I - 3 Soa 8 5 :. - : - 5 8 - S DE € : - : : 8 à E I a a 3 & : - I : 9 6 > C 8 à 8 & - a - E I a - ff 5 a a / ATTACHMENT 3 EBRING chy OW THE CIRCLE CITY OF SEBRING - PUBLIC WORKS Estimate 1421 Hawthorne Drive Sebring, Florida 33870 (863) 471-5115 Bill To: Name: Childrens Museum of the Highlands Invoice Number Address: 219 N Ridgewood Drive Estimate Date March 11, 2025 City, State, ZIP: Sebring, FL: 33870 Event: Children' 's Business Fair October 5, 2025 Qty. UNIT Description Rate Per Unit Amount 1.00 ea. Road Closure/Breakdown $ 325.00 $ 325.00 1.00 ea. Blues Cans/Trash Pick-up (1 days @ $75/day) $ 75.00 $ 75.00 1.00 ea. Hang Banners $ 100.00 $ 100.00 1.00 ea. Stage Rental $ 150.00 $ 150.00 SUBTOTAL $ 650.00 PAY THIS AMOUNT DIRECT INQUIRIES TO: MAKE ALL CHECKS PAYABLE TO: Iris Cruz City of Sebring (863) 471-5115 Attn: Finance Department email: inscrurgmysebnng.com 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: March 18, 2025 PRESENTER: Chantel Parris AGENDA ITEM#: 8 G - Use of Circle for Community Prayer Gathering BACKGROUND: Attached please find a Special Event Application submitted on behalf of the Bountiful Blessings Church of God, Inc. Ms. Chantel Parris is on Council's agenda to request use of the Circle on Tuesday, April 1, 2025 from 6:30 a.m. to 7:30 a.m. for a Community Prayer Gathering. REQUESTED MOTION: Approve use oft the Circle as presented conditioned upon providing Liability Insurance naming the City as additional insured. COUNCIL ACTION: APPROVED Moved by: . Seconded by: DENIED Carlisle Havery Mendel Stewart Bishop TABLED TO: OTHER City of Sebring Page One of Two Special Event Application Section, 01- Organization Information Name of Organization Bountitw Blessings Chedh ofGoTie Street Address Bld. City, State Zip Code 8201 Tartin Luther Krug Sebring Plonia 33870 Telephone Number Fax Number Are you a 501(C)3 or other non-profit Organization? Nolikes 863 3 991- ufyes, Corporate Name: Personi in Charge Coptact Person Affiliation ovtel Parris Boknhful Blessings Cherch of God Street Address Ave City State Zip Code 3 ) 2. Commerce Sebrug lovida 3 3876 Email Address Cb! Telephone Number Mobile Phope Numbey Phone Number on Dayof Eyent: nevlyispired o gl hl! a 03 381 / / 1lo 863- 381- 77(6 Section 02 a Eyent Information ame ofl Event Event Repetition DMonthly JAnnuaDate(s) of) Event (mm/dd/year) mm umity Praytr Gatherny other: 04/01 125 Rin Date (if applicable) Multi-day? NO es Starting Time of] Event Ending Time ofEvent Ifyes, how many? 30 CM 7:30am Desirpd Location of thes event: Yow must include an overview mapi that onlines the location undi lavoute ofyour event. It f srele Bark General description ofthe event: Gmmunity a Pherhag at Crele Pock onlly for 30 30 Prayhg Ahe dLy Xom Event Participation Anticipated Number of: Participants: o 75 pRapk Spectators: Vendors: Vehicles: Event Questionnire- Ploase answer EACHquestions se1 that we may adequately assistyous with plamning foryour event Issue SpecialE Events Coordinator, Action Doy you need any streets or roadways closed for the event? fF"yes", permission will be needed to close roadways. State Road closures (US 27, SR 17, oDrel etc.)r require DOT: approval. County and local roads require City Council or County Commission approval. Do you need any parking restrictions enacted for the event? DNo Nes If"yes", permission to close city parking lots andj public parking spaces must be granted by the city council Willy you be using a city parkt tol holdy your event? Nolies Facility: availability must be verified and City Council approval may be required. Ist the event considered "high-risk"? (e.g. sea-plane fly-in, boat races, water- tr'yes',s safety aspects oft the special event need to be coordinated with public safety entities. related: athletic event, balloon fest, etc.) NO es Will there be any: special demonstrations at the event? (i.e. stunt shows, driving F"yes',s safety aspects of the special event need to be coordinated with public safety entities. exhibitions, burnout contests, etc.) No Mes Does the event pose any special concer for public safety due to thej presence of T"yes", safety aspects of the special event need to be coordinated with public safety entities. hazardous materials, chemicals or other conditions? PKo Des Willt there be any fireworks or pyrotechnics? No ff"yes", the vendor must be licensed and the safety aspects oft the special event need to be Dles coordinated withy public safety entities. Willy you be selling, serving or distributing alcohol at the event? If"yes", , the event needs to be licensed through the Division of Alcoholic Beverages and DKo Cles Tobacco (DABT). Licensure information cab be obtained at (850) 488-8284. Willy people be allowed to consume alcohol while at your event? If"yes", in addition to an alcohol license, an "alcohol variance" may have to be granted by EKoDes the Sebring City Council. Willf food vendors be cooking or serving food at the event? BoDes If-"yes", provide the event coordinator with a copy ofl DBPR Form HR 5030-034 which outlines food vendor notification: and licensure requirements. Willt there be a band, DJ or other musiclentertainment. at the event? If"yes", a variance for the city's "Noise Ordinance" might ber necessary. This should be No Yes requested through the Sebring City Council. Does your event necessitate the use or setup of any temporary structures such as Tf"yes', permits may be necessary and these structures may have to bei inspected tents, canopies, buildings, stages.ete? DNo ves Willy your event utilize the City Stage? JNo Ces Tf"yes", , rental may be arranged through the City of Scbring. Doy you want to display or hang any banners or signs above the roadway in If" "yes", then approval may be necessary. For banners on state roads, a DOT Banner Request reference to your event? No Dyes must be completed and approved. Is the event "animal related" (animal rides, rodeos, zoos, races, etc.)? If"yes",e ensure that safe and appropriate animal handling measures have been put in place. ENo Des ** ** 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 Two of Two Hold Harmless Agreement Page Indemmification/iols Harmless Agreement Applicant hereby agrees to indemnify and hold the City of Sebring loss or liability occurring by reason ("City") harmless from any and all damages, result ofthe ifany injury to any person or damage to property which occur special event by Applicant or its officers, agents, representatives, may as a persons contracting with any oft them or by an act or omission, neglect, or wrongdoing guests, employees, of invitees, or agents, representatives, guests, employees, Applicant or its officers, at its own cost and expense, defend and invitees, or persons contracting with any ofthem and Applicant will, claimed to have arisen protect the City against any and all claims or demands which as a result of or in connection with the special event may be representatives, by Applicant or its officers, guests, employees, invitees, or persons contracting with any ofthem or an agents, neglect, or wrongdoing of Applicant or its officers, employees, by act or omission, contracting with any ofthem. Applicant does hereby remise, release, agents, representatives, guests, invitees, or persons City from any and all actions, claims and demands that it satisfy, quit claim and forever discharge the result ofthe special event ever had, now has, or may have against the City as a by Applicant or its officers, employees, agents, representatives, persons contracting with any oft them. guests, invitees, or Ifrequired by City Council, Applicant agrees to maintain liability insurance for the event in an amount $1,000,000 combined single limit coverage of Bodily Injury and Property of at least named as an additional insured on Applicant's Damage. Applicant will have the City liability policy and will provide a current Certificate prior to the event as evidence of Applicant's compliance. ofInsurance In any action brought for the enforcement ofthe terms of this agreement through the entitled to reçover reasonable attorney's fees, courts, the City shall be paralegal fees, court and other costs, to and Applicant. including appeal from Chaulel Binas Printed Name Dicclac SF Tntourt Mmiphg at Relationsbip to Event Organization Bonlrul hanto Von Blensigt 02-14-25 Signature Date Witness CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTER: Elsa Caballer-Simpson AGENDA ITEM#: 8 H -Waiver of Civic Center Fees BACKGROUND: Attached please find correspondence from Ms. Elsa Caballer-Simpson, representing the Restoring You Ministries. Ms. Caballer-Simpson is requesting the use of the Civic Center on April 30, 2025. Restoring You Ministries and the U.S. Department of. Justice South District will be holding a Reentry Simulation Event that is open to the public. Ms. Caballer-Simpson is also requesting waiver of all Civic Center fees. REQUESTED MOTION: Approve request as presented. COUNCIL ACTION: APPROVED Moved by: : Seconded by: DENIED Carlisle Havery Mendel Stewart Bishop TABLED TO: OTHER JACK STROUP CIVIC CENTER Sebring City Hall 355 W CENTER AVE EBRING 368 S Commerce Ave SEBRING FL 33870 Chy oW T6 CRDE Sebring FL33870 863-471-5100 Ph/863-471-5142 Fax FACILITY RENTAL AGREEMENT Date of Application: Marck3,2025 Application Received by: Name ofl Indwduav/organgpationt Responsible for Rental Agrpement*, ELSa abalero - SHpkn erganization Name (ifa applicable), estolng Vou MInisanes Streeta address, CIpy, State, zp: 1330 Kestre C+. AvmPank AL33B35 Contact Phone Number: Email: 3 3. ano - 6972 Prpane Individual must be 21 years of age and the person executing this Agreement. Must present Photo ID Address on Agreement and Photo ID must be the same. Date of Event: City Resident/Business: Microphone Needed: Aphl30,26 Yes No Yes_ V No_ Dpegf Event: Zeentry 1 - a (ew WEEKDAY RENTAL RATE 8:00 AM TO 5:00 PM (MONDAY THROUGHI FRIDAY) Flat Rate: Total: City Resident $150.00 Non-City Resident $200.00 After 5:00PM1 there will be an additional Number of additional hours requested: $35 (inside city limits)/$50 (outside city limits) per hour fee Sales Tax* Deposit ($250.00 For Resident/$300.00 For Non-Resident) Total Due: WEEKEND RENTAL RATE 8:00 AM TO MIDNIGHT (SATURDAY SUNDAY) Flat Rate: Total: City Resident $1,000.00 Non-City Resident $1,250.00 If 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 Ce $200.00 per day plus tax for these purposes only Sales Tax" Deposit ($600.00 For Resident/$700.00 for Non-Resident) Total Due: 1. Revised 7/23 JACK STROUP CIVIC CENTER Sebring City Hall 355 W CENTER AVE EBRING 368 S Commerce Ave SEBRING FL3 33870 ciy on T6 CIRCE Sebring FL: 33870 863-471-5100 Ph/863-471-5142 Fax FACILITY RENTAL AGREEMENT Approximately 14 working days are required for processing of the rental deposit refund. Refunds will be sent to the Indwidual/organlization that Is responsible for the Rental Agreement. **Is your organization exempt from Florida Sales Tax? Yes_ No_ Ify yes, please attach a copy of your DR-14 tax exemption form. ***Government Entity using facility for a government purpose = No Charge : Deposit Fees may be walved for frequent users. Official Use Only Amount Paid: Paid by: Check_ Credit Card_ Cash_ Receipt No: Payment Received By: Verified By: Amount to be Refunded: Authorized By:. Date: have received a copy of the rules for use of the Jack Stroup Civic Center (page 4 of 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 of 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 of your event. 313125 Ss Date Signature of Responsible Party ELsa Gaballexo- Simpsnu Printed Name of Responsible Party Keys/Microphone Pick-Up Keys picked up on by Microphone picked up on, by Keys/Microphone Returned Keys returned on by Microphone returned on. by 2. Revised 7/23 Reentry Simulation April 30, 2025 10 am a 3 pm Civic Center 355 W Center Ave Sebring, FL 33870 Join Restoring You Ministries and the U.S. Department of Justice South District for a powerful and immersive Reentry Simulation Event designed to provide community members with a firsthand understanding of the obstacles individuals face when transitioning fromincarceration back into society. Sponsor or Volunteer? Contact us at elsa@restoringyouministries.com Let's work together to break barriers, build opportunities, and empower second chances! IRS! DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 Date of this notice: 04-13-2022 Employer Identification Number: 88-1745529 Form: SS-4 Number of this notice: CP 575 E RESTORING YOU MINISTRIES INC RESTORING YOU MINISTRIES % ELSA CABALLERO For assistance you may call us at : 1076 MEDINAH WAY 1-800-829-4933 WINTER HAVEN, FL 33884 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN) - We assigned you EIN 88-1745529. This EIN will identify your entity, accounts, tax returns, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. Taxpayers request an EIN for business and tax purposes. Some taxpayers receive CP575 notices when another person has stolen their identity and are operating using their information. If you did not apply for this EIN, please contact us at the phone number or address listed on the top of this notice. When filing tax documents, making payments, or replying to any related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear-off stub and return it to us. When you submitted your application for an EIN, you checked the box indicating you are a non-profit organization. Assigning an EIN does not grant tax-exempt status to non-profit organizations. Publication 557, Tax-Exempt Status for Your organization, has details on the application process, as well as information on returns you may need to file. To apply. for recognition of tax-exempt status, organizations must complete an application on one of the following forms: Form 1023, Application for Recognition of Exemption Under Section 501(c) (3) of the Internal Revenue Code; Form 1023-EZ, Streamlined Application for Recognition of Exemption Under Section 501(c) (3) of the Internal Revenue Code; Form 1024, Application for Recognition Under Section 501(a); or Form 1024-A, Application for Recognition of Exemption Under Section 501 (c) (4) of the Internal Revenue Code. Nearly all organizations claiming tax-exempt status must file a Form 990-series annual information return (Form 990, 990-EZ, or 990-PF) or notice (Form 990-N) beginning with the year they legally form, even if they have not yet applied for or received recognition of tax-exempt status. If you become tax-exempt, you will lose tax-exempt status if you fail to file a required return or notice for three consecutive years, unless a filing exception applies to you (search www.: irs.gov for Annual Exempt Organization Return: Who Must File). We start calculating this three-year period from the tax year we assigned the EIN to you. If that first tax year isn't a full twelve months, you're still responsible for submitting a return for that year. If you didn't legally form in the same tax year in which you obtained your EIN, contact us at the phone number or address listed at the top of this letter. For the most current information on your filing requirements and other important information, visit ww.rs-gow/charities. (IRS USE ONLY) 575E 04-13-2022 REST 9999999999 SS-4 IMPORTANT REMINDERS: : Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. . Refer to this EIN on your tax-related correspondence and documents. Provide future officers of your organization with a copy of this notice. Your name control associated with this EIN is REST. You will need to provide this information along with your EIN, if you file your returns electronically. Safeguard your EIN by referring to Publication 4557, Safeguarding Taxpayer Data: A Guide for Your Business. You can get any of the forms or publications mentioned in this letter by visiting our website at ww.r-gpv/fom-pabs or by calling 800-TAX-FORM (800-829-3676). If you have questions about your EIN, you can contact us at the phone number or address listed at the top of this notice. If you write, please tear off the stub at the bottom of this notice and include it with your letter. Thank you for your cooperation. Keep this part for your records. CP 575 E (Rev. 7-2007) Return this part with any correspondence so we may identify your account. Please CP 575 E correct any errors in your name or address. 9999999999 Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 04-13-2022 EMPLOYER IDENTIFICATION NUMBER: 88-1745529 FORM: SS-4 NOBOD INTERNAL REVENUE SERVICE RESTORING YOU MINISTRIES INC CINCINNATI OH 45999-0023 RESTORING YOU MINISTRIES lahallhlahlallallalalallalal % ELSA CABALLERO 1076 MEDINAH WAY WINTER HAVEN, FL 33884 Department of the Treasury Date: Internal Revenue Service 05/02/2022 Tax Exempt and Government Entities Employer ID number: IRS P.O. Box 2508 88-1745529 Cincinnati, OH 45201 Person to contact: Name: Customer Service ID number: 31954 Telephone: 877-829-5500 RESTORING YOU MINISTRIES INC Accounting period ending: C/O ELSA CABALLERO December 31 1076 MEDINAH WAY SE Public charlty status: WINTER HAVEN, FL 33884 170(b)(1)(A)(VI) Form 990 / 990-EZ / 990-N required: Yes Effective date of exemption: April 21, 2022 Contribution deductibility: Yes Addendum applies: No DLN: 26053517003162 Dear Applicant: We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 1'70. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations exempt under IRC Section 501(c)(3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of1 this letter. If we indicated at the top of this letter that you're required to file Form 990/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard). Ifyou don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.rsgovcharties: Enter "4221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Sincerely, ofpha a matlul Stephen A. Martin Director, Exempt Organizations Rulings and Agreements Letter 947 (Rev. 2-2020) Catalog Number 35152P Renee Brady From: Elsa Caballero-Simpson elsa@restoringyouministries.com> Sent: Thursday, March 13, 2025 12:31 PM To: Robin Ballard Cc: Scott Noethlich; Renee Brady Subject: Re: Jack Stroup Civic Center April 30 Attachments: RYM Jack Stroup Civic Center Application.pdf, RYM Reentry Simulation Flyer.pdf; RYM EIN Confirmation Letter.pdf; RYM Determination Letter.pdf You don't often get email from Presoinpoumaateson Learn why thisi is important Good afternoon Scott, My name is Elsa, and Irepresent Restoring You Ministries. We kindly request to be added to the next available council agenda to present our request for a fee waiver. This request pertains to a reentry simulation event, which will be open to the public and facilitated by Restoring You Ministries in collaboration with the District State Attorney's Office. Please find the attached supporting documents for your review. Thank you for your time and we look forward to hearing from you soon. Blessings, Elsa Cabalero-Simpson Restoring You Ministries Executive Director and Founder Phone: 863.270.6972 Email: saerestorngyouministnes.com www.restoringyouministries.com On Mon, Feb 24, 2025 at 9:56 AM Robin Ballard robinballard@mysebring.com> wrote: Good morning, Elsa. It was a pleasure speaking with you this morning. At your request, I have reserved Wednesday, April 30th for your event. 1 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTER: Bishop AGENDA ITEM#: 10 A - Ordinances #1536 and #1537 BACKGROUND: At your March 4, 2025 meeting, Council tabled action on the proposed land use and zoning changes for the parcel located at 1809 Home Ave. The purpose oft this agenda item summary is to remove the proposed agenda item summaries from tabled statues SO that action may be taken. REQUESTED MOTION: Request to remove Ordinances #1536 and #1537 from tabled status. COUNCIL ACTION: APPROVED Moved by: : Seconded by: DENIED Carlisle Havery Mendel Stewart Bishop TABLED TO: OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTER: Bishop'5waine/Bammby AGENDA ITEM #: 10B Public Hearing and Ordinance #1536. An applicant-initiated amendment to the Future Land Use Map specifically changing the Future Land Use Designation for a parcel that totals approximately 1.38 acres located at 1809 Home Avenue (Parcel S-19-34-29-A00-0060-0000) from Public Use (P) to Commercial (COM). BACKGROUND: I. Introduction ofOrdinance #1536. Swaine II. Purpose ofPublic Hearing: Bishop To receive public input on a Future Land Use Map Amendment from Public Use (P) to Commercial (COM) for a parcel of land owned by the Sebring Masonic Lodge F & AM located at 1809 Home Avenue. III. CFRPC Staff Report.. Marisa M. Barmby The Planning and Zoning Board held a public hearing on February 11, 2025 and voted to recommend approval to the City Council. A companion Zoning Map amendment is also under consideration - ORD 1537. The City Council will hold a second public hearing on April 1, 2025, 5:30 PM (Second Reading, Public Hearing). IV. Public commentyimputquetions Bishop V. Adjourn public hearing. Bishop VI. Council's questions/comments. Bishop Attachment 1 - CFRPC Staff Report Attachment 2 - Ordinance #1536 Attachment 3 - Notice of Ad REQUESTED MOTION: Approve Ordinance #1536 on first reading and schedule second and final reading for April 1, 2025. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Carlisle Havery Mendel Stewart Bishop TABLED TO: OTHER ATTACHMENT 1 EBRING ciy OW THE CIRCLE CITY OF SEBRING FUTURE LAND USE AMENDMENT STAFF REPORT March 18, 2025 TO: CITY OF SEBRING CITY COUNCIL FROM: CENTRAL FLORIDA REGIONAL PLANNING COUNCIL SUBJECT: Ordinance 1536: An applicant-initiated amendment to the Future Land Use Map specifically changing the Future Land Use Designation for a parcel that totals approximately 1.38 acres located at 1809 Home Avenue (Parcel S-19-34-29-A00- 0060-0000) from Public Use (P) to Commercial (COM). AGENDA & HEARING DATES: Planning & Zoning Board Meeting: February 11, 2025; 5:30 PM (Public Hearing) City Council Meeting: March 4, 2025; 5:30 PM (Public Hearing, First Reading) = item tabled City Council Meeting: March 18, 2025; 5:30 PM (Public Hearing, First Reading) City Council Meeting: April 1, 2025; 5:30 PM (Public Hearing, Second Reading) Location Map Attachments Aerial Photo IF Future Land Use Map Existing I Future Land Use - - Map Proposed I Ordinance 1536 yo oe Planning and Zoning Board Motion: a e S, 6 At their February 11, 2025 meeting, the Planning and Zoning 9 Board voted to recommend approval oft the proposed Future Land , C Use Map amendment to the City Council - MOTION OPTIONS: A / 1. Imove approval of Ordinance 1536 for the Future Land e Use Map Amendment on first reading. de % 6 % e Ordinance / 2. Ir move approval of 1536 with changes to e % the Future Land Use Map Amendment on first reading. 9 Jha 3. Imove continuation until a date and time certain. 1 Overview: FUTURE LAND USE MAP AMENDMENT Owner Sebring Masonic Lodge F & AM Agent Jeff Kennedy and Dana Riddell Property Size Total of t 1.38 acres Property Address 1809 Home Avenue Parcel IDs S-19-34-29-A00-A00-0060-0000 Future Land Use - Existing Public Use (P) Future Land Use - Proposed Commercial (COM) Zoning: See Companion Zoning Amendment (ORD 1537) BACKGROUND AND REASON FOR REQUEST: The property currently includes an approximately 7,500-square-foot Masonic Lodge. The Masonic Lodge is classified as a place of public assembly, which is why it is a permitted use in the current Future Land Use and Zoning categories. The applicant would like to utilize this site to provide commercial services to the surrounding residential uses. The application mentions office uses and service establishments, but the change in Future Land Use and Zoning would permit all uses as outlined in the Comprehensive Plan and Land Development Code. There is a companion Zoning Map amendment - Ordinance 1537. COMPREHENSIVE PLAN AND LAND USE COMPATIBILITY: The request is to change the Future Land Use from Public Use (P) to Commercial (COM). Descriptions for both the existing and proposed and Future Land Use designations are provided as follows: Existing Future Land Use: City of Sebring Comprehensive Plan, Future Land Use Element, Policy 1.1.C., Public Use (P): Lands designated for public buildings, school buildings, public lands and private service structures. Public and utility uses are allowed as accessory to the permitted uses in the category. Proposed Future Land Use: City of Sebring Comprehensive Plan, Future Land Use Element, Policy 1.1.H., Commercial (COM): Office and commercial activities and uses and all residential, recreation, and public uses and light manufacturing, wholesale, and warehouse uses are when the impacts of similar to commercial or office uses with a maximum impervious surface ratio of 0.70 except within the Downtown Sebring CRA where impervious surface ratio may be allowed up to 1.0. Maximum building height shall be 50 feet except the height may be up to 100 feet when approved by the City Council as part of a PD in conjunction with an approved Development Agreement. Multi-family is allowed and may not exceed 20 dwelling units per acre except the density may be up to 40 dwelling units per acre when approved by the City Council as part of a PD in conjunction with an approved Development Agreement. Public and utility uses are allowed as accessory to the permitted uses in the category. 2 Amendment Analysis Table 1 includes the density/intensity for the amendment to the Future Land Use Map request, The Public Use Future Land use district does not include a provision for maximum density or intensity. The proposed Commercial Future Land Use would restrict the site to a maximum of 42,078 sf. The site currently includes a 7,290-sf building. Table 1: Analysis of Impacts from Proposed Future Land Use Map Amendment Existing FLU: Proposed FLU: Public (1.38 acres) Commercial (1.38 acres) Density/Intensity Not provided 0.7 FAR or 40 du/acre with approved DA and PUD Density/Intensity Potential 42,078 sf Difference Commercial would allow for 42,078 sf non-residential uses or 55 multi-family dwelling units Land Use Analysis: The property is located at the intersection of Sebring Parkway and Home Avenue. The existing land uses surrounding the property include single family homes and vacant, non-agricultural lands, with a retail commercial use to the west. The Future Land Uses include Public Use (P) and Medium Density Residential (MDR). The Land Use Matrix below outlines the existing and proposed Future Land Use and zoning oft the subject portion of the property, the existing Future Land Use and zoning of adjacent properties, and the existing land use of the subject and adjacent properties. Adjacent properties to the northwest, west, and southwest are separated from the property by approximately 160 feet oif right-of-way. Proposed Future Land Use and Zoning Maps are also provided for reference. 3 Land Use Matrix Northwest North Northeast FLU: Medium Density FLU: Medium Density Residential FLU: Medium Density Residential (MDR) (MDR) Residential (MDR) ZONING: Single Family ZONING: Single Family (R-1) ZONING: Single Family (R-1) (R-1) EXISTING USE: Single Family EXISTING USE: Single Family EXISTING USE: Single Family West Subject Property East FLU: Commercial (COM) EXISTING FLU: Public Use (P) FLU: Public Use (P) PROPOSED FLU: Commercial ZONING: Commercial (C- (COM) ZONING: Single Family (R-1) 1) EXISTING ZONING: Single Family (R-1) EXISTING USE: Single Family EXISTING USE: Retail PROPOSED ZONING: C-1 Commercial EXISTING USE: Masonic Lodge Building Southwest South Southeast FLU: Medium Density FLU: : Public Use (P) FLU: Public Use (P) Residential (MDR) ZONING: Single Family (R-1) ZONING: Single Family (R-1) ZONING: Single Family EXISTING USE: Vacant, Non- (R-1) EXISTING USE: Vacant, Non- Agriculture Agriculture EXISTING USE: Single Family 4 View of Property Sebring Masonic Lodge 249 website View of Property Google Maps photo capture May 2024 View to Northwest and West Google Maps photo capture May 2024 Public Facilities and Services Analysis: The following is a summary analysis of the potential impacts on existing public facilities and services. Potable Water The site is currently served by the City of Sebring. Impacts to the City's utilities would be evaluated at time of application for site plan. Sanitary Sewer The site is currently served by an on-site septic. Central Sanitary Sewer is not currently available for the subject property. Impacts of proposed use changes will dictate the requirements for this property to connect to wastewater. Solid Waste: The City serves the existing property and has capacity to provide further services as needed. Per a July 18, 2024 letter from Robert Diefendorf, Jr, Highlands County Assistant to the Critical Infrastructure Director, the County currently has capacity to meet estimated solid waste demands for this property. Transporationtratic. The property is located on the intersection Home Avenue and Sebring Parkway. The property has access on Home Avenue. The property has access to the surrounding road network. The roads are operating at a Level of Service of A. Any future development proposal will require an evaluation of impacts to traffic, including access. Education: The site is not residential sO there is no impact to school concurrency. Recreation/Open Space: The site is not residential SO there is no impact to recreation and open space concurrency requirements. The C-1 zoning district requires all nonresidential development to provide a minimum of ten percent open space. Proposed development of the site will be required to maintain this open space requirement. Environmental Lands The property is not located in wetlands or xeric uplands. Emergency Services Emergency Services are located within close proximity (less than 5-minute travel time) of the subject property. Summary The proposed Future Land Use, in conjunction with the proposed zoning change, is compatible with the surrounding area based on the property's location and the building currently located on the site. Any commercial development to occur on the site will be required to install landscape buffers against the adjacent residential uses. City of Sebring Aerial Map Dinner. Lake SUBJECTF PARCEL: 1809 Home Ave Parcel ID: .18.3423.400.060.000 Area: +1-1.38 ac a - : Legend Subject Parcel Parcel Boundaries 112.5 225 Feet Sebring City Boundary Soursa ES,Martit BAst Geg egraphics andlg GS T sa a 7 City of Sebring Existing Future Land Use Map Dinner. Lake oa - es 17) SUBJECT PARCEL: 1809 Home Ave ParcelID: .19.3479400.060.900 Area: +1-1.38 ac Proposed Future Land Use Map: Public % (PUB) p 0 - / - & Legend e Subject Parcel e / Parcel Boundaries Sebring City Boundary 9 / FLU V % MDR Medium Density Residential HDR High Density Residential COM Commercial 0 112.5 225 PUB Public Feet 8 City of Sebring Proposed Future Land Use Map Dinner. Lake oa - ses 17) SUBJECT PARCEL: 1809 Home Ave Parcel ID: .18.423.400.060.00 ES8 Area: +1-1.38 ac Land Use Commercial os ProposedFuture Map: (COM) Bp 0 - / - & Legend a - Subject Parcel - o Parcel Boundares Sebring City Boundary f / FLU V MDR f Medium Density Residential RDR High Density Residential COM Commercial 0 112.5 225 PUB Public Feet Prect 10205757 ORDINANCE NO. 1536 AN ORDINANCE OF THE CITY OF SEBRING, FLORIDA CHANGING THE FUTURE LAND USE CLASSIFICATION FOR A PARCEL THAT TOTALS APPROXIMATELY 1.38 ACRES LOCATED AT 1809 HOME AVENUE (PARCEL 03429-404.60.9000 FROM PUBLIC (P) TO COMMERCIAL (COM); PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sections 163.3161 through 163.3215, Florida Statutes, the Community Planning Act, empowers and mandates the City ofSebring, Florida, to plan for future development and growth and to adopt and amend comprehensive plans, or elements or portions thereof, to guide the future growth and development ofthe City; and WHEREAS, the subject parcel, owned by the Sebring Masonic Lodge F & AM and legally described in Exhibit "A", consists ofapproximately 1.38 acres and is the subject of this ordinance and represents a change to the Future Land Use Map by changing the Future Land Use designation from Public Use (P) to Commercial (COM); and WHEREAS, on February 11, 2025, in accordance with Section 163.3174, Florida Statutes, and applicable law, the City's Planning and Zoning Board, sitting as the Local Planning Agency (LPA) as designated by the City, at a duly advertised public meeting considered the Applicant' S request for Future Land Use Map amendment as set forth in this Ordinance which included, but is not limited to, testimony and argument(s) from interested and/or aggrieved parties; and WHEREAS, on February 11, 2025, the interested and/or aggrieved parties and citizens in attendance were provided with an opportunity to be heard and present testimony to the City's Planning and Zoning Board; and WHEREAS, pursuant to Section 163.3184, Florida Statutes, the City Council held a public hearing on the Small-Scale Future Land Use Amendment as shown in Exhibit "B", with due public notice having been provided, to obtain public comment, and considered all written and oral comments received during public hearings, including support documents; and WHEREAS, in exercise of its authority the City Council has determined it necessary to adopt this Map Amendment to the Comprehensive Plan, which is shown in Exhibit "B" and is attached and made a part hereof to ensure that the Plan is in full compliance with the Laws ofthe State of Florida; to preserve and enhance present advantages; encourage the most appropriate use of land, water and resources consistent with the public interest; and deal effectively with future problems that may result from the use and development of land within the City of Sebring. NOW, THEREFORE, be it enacted by the City Council of the City of Sebring, Florida, as follows: Section 1. Amendment to the Future Land Use Map: The Future Land Use Map of the City's Comprehensive Plan is hereby amended to reflect the change in Future Land Use from Public Use (P) to Commercial (COM) for the subject properties as legally described on Exhibit "A"a and mapped as shown on Exhibit "B" which is attached and made a part hereof. Ordinance No. 1536 Page 2 of5 Section 2. Severability: If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason held to be unconstitutional, such decision shall not affect the validity oft the remaining portions of this Ordinance. The City of Sebring, Florida, by and through its City Council, hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 3. Conflict. All ordinances and/or resolutions or parts of ordinances and/or resolutions which are in conflict with this ordinance are hereby repealed but only to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith. Section 4. Scrivener's Errors: Sections ofthis Ordinance may be renumbered or re- lettered and the correction oftypographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or their designee, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. Section 5. Certified Copy: An official, true, and correct copy of this Ordinance and the City's Comprehensive Plan, as adopted and amended from time to time, shall be maintained by the City Clerk. The City Clerk shall make copies available to the public for a reasonable publication charge. Section 6. Transmittal to Agencies: A copy shall be provided to the Florida Commerce and review agencies as required by Section 163.3187, Florida Statutes. Section 7. Effective Date: The small-scale amendment shall not become effective until thirty-one (31) days after adoption. If challenged within thirty (30) days after adoption, the amendment shall not become effective until the State Land Planning Agency or the Administration Commission, respectively, issues a final order determining the adopted amendment is in compliance. INTRODUCED AND PASSED on First Reading and transmittal public hearing at the regular meeting of the City of Sebring City Council held on the day of 2025. PASSED AND DULY ADOPTED, on second reading at the meeting ofthe City of Sebring City Council duly assembled on the day of 2025. CITY OF SEBRING, FLORIDA Roland Bishop, President City Council, City of Sebring, Florida Attest: Kathy Haley, City Clerk Ordinance No. 1536 Page 3 of5 This Ordinance was adopted after consideration at two advertised public hearings and at two separate meetings after notice being properly published in a local newspaper and was duly passed on the day of 2025, and the same is hereby certified to the Mayor for his approval or disapproval. WITNESS my hand and seal at Sebring, Florida, this day of 2025. Kathy Haley, City Clerk City of Sebring The foregoing Ordinance was received by me this day of 2025, and by me approved this day of 2025. John C. Shoop, Mayor City of Sebring, Florida I, KATHY HALEY, City Clerk of the City of Sebring, Florida, hereby certify that a copy of the foregoing Ordinance was posted by me at the door of the City Hall on the day of 2024, and that same remained SO posted until the day of 2025. Kathy Haley, City Clerk City of Sebring, Florida Ordinance No. 1536 Page 4 of5 EXHIBIT "A" PARCEL1: 1809 HOME AVENUE (PARCELS-19-3479-A00-0060-000) Commence at the Northwest Corner of Farm 39, Dinner Lake Suburbs, thence run South 46°23' West along the South right-of-way line of Home Avenue for a distance of 170.00 feet for a point of beginning: thence continue South 46°23' West still along said South right-of-way line of Home Avenue for a distance of289.62 feet to a point on the Easterly right-of-way line ofthe Seaboard Coastline Railroad: thence run South 42°07' East along said Easterly right-of-way line of Seaboard Coastline Railroad for a distance of 205.35 feet: thence rn North 46023'1 East for a distance of 294.95 feet: thence run North 43037' West for a distance of 205.28 feet to the point ofbeginning: lying and being in Govemment Lot 3 and the Northwest % of Section 19. Township 34 South. Range 29 East. Highlands County. Florida. Containing 60,000 square feet. Ordinance No. 1536 Page 5 of5 EXHIBIT "B" Future Land Use Map City of Sebring Proposed Future Land Use Map Dinner Lake a - aR 17) SUBJECT PARCEL: 1809 Home Ave Parcel ID: .19.9423.400.060.0900 e Area: / 1.38ac Proposed Future Land Use Map: Commercial (COM) 09 C 0 - Ee / 1 & L Legend 6 Subject Parcel 9 Parcel Boundaries Sebring City Boundary / FLU - f MDR Medium Density Residential HDR High Density Residential COM Commercial 1125 225 PUB Public Feet ATTACHMENT 2 ORDINANCE NO. 1536 AN ORDINANCE OF THE CITY OF SEBRING, FLORIDA CHANGING THE FUTURE LAND USE CLASSIFICATION FOR A PARCEL THAT TOTALS APPROXIMATELY 1.38 ACRES LOCATED AT 1809 HOME AVENUE (PARCEL 5-D3439-A0200-00A FROM PUBLIC (P) TO COMMERCIAL (COM); PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sections 163.3161 through 163.3215, Florida Statutes, the Community Planning Act, empowers and mandates the City ofSebring, Florida, to plan for future development and growth and to adopt and amend comprehensive plans, or elements or portions thereof, to guide the future growth and development oft the City; and WHEREAS, the subject parcel, owned by the Sebring Masonic Lodge F & AM and legally described in Exhibit "A", consists of approximately 1.38 acres and is the subject of this ordinance and represents a change to the Future Land Use Map by changing the Future Land Use designation from Public Use (P) to Commercial (COM); and WHEREAS, on February 11, 2025, in accordance with Section 163.3174, Florida Statutes, and applicable law, the City's Planning and Zoning Board, sitting as the Local Planning Agency (LPA) as designated by the City, at a duly advertised public meeting considered the Applicant's request for Future Land Use Map amendment as set forth in this Ordinance which included, but is not limited to, testimony and argument(s) from interested and/or aggrieved parties; and WHEREAS, on February 11, 2025, the interested and/or aggrieved parties and citizens in attendance were provided with an opportunity to be heard and present testimony to the City's Planning and Zoning Board; and WHEREAS, pursuant to Section 163.3184, Florida Statutes, the City Council held a public hearing on the Small-Scale Future Land Use Amendment as shown in Exhibit "B", with due public notice having been provided, to obtain public comment, and considered all written and oral comments received during public hearings, including support documents; and WHEREAS, in exercise of its authority the City Council has determined it necessary to adopt this Map Amendment to the Comprehensive Plan, which is shown in Exhibit "B" and is attached and made a part hereofto ensure that the Plan is in full compliance with the Laws of the State of Florida; to preserve and enhance present advantages; encourage the most appropriate use of land, water and resources consistent with the public interest; and deal effectively with future problems that may result from the use and development of land within the City ofs Sebring. NOW, THEREFORE, be it enacted by the City Council of the City of Sebring, Florida, as follows: Section 1. Amendment to the Future Land Use Map: The Future Land Use Map of the City's Comprehensive Plan is hereby amended to reflect the change in Future Land Use from Public Use (P) to Commercial (COM) for the subject properties as legally described on Exhibit "A" and mapped as shown on Exhibit "B" which is attached and made a part hereof. Ordinance No. 1536 Page 2 of5 Section 2. Severability: If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City ofSebring, Florida, by and through its City Council, hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 3. Conflict. All ordinances and/or resolutions or parts of ordinances and/or resolutions which are in conflict with this ordinance are hereby repealed but only to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith. Section 4. Scrivener's Errors: Sections of this Ordinance may be renumbered or re- lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or their designee, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. Section 5. Certified Copy: An official, true, and correct copy of this Ordinance and the City's Comprehensive Plan, as adopted and amended from time to time, shall be maintained by the City Clerk. The City Clerk shall make copies available to the public for a reasonable publication charge. Section 6. Transmittal to Agencies: A copy shall be provided to the Florida Commerce and review agencies as required by Section 163.3187, Florida Statutes. Section 7. Effective Date: The small-scale amendment shall not become effective until thirty-one (31) days after adoption. If challenged within thirty (30) days after adoption, the amendment shall not become effective until the State Land Planning Agency or the Administration Commission, respectively, issues a final order determining the adopted amendment is in compliance. INTRODUCED AND PASSED on First Reading and transmittal public hearing at the regular meeting oft the City of Sebring City Council held on the day of 2025. PASSED AND DULY ADOPTED, on second reading at the meeting of the City of Sebring City Council duly assembled on the day of 2025. CITY OF SEBRING, FLORIDA Roland Bishop, President City Council, City of Sebring, Florida Attest: Kathy Haley, City Clerk Ordinance No. 1536 Page 3 of5 This Ordinance was adopted after consideration at two advertised public hearings and at two separate meetings after notice being properly published in a local newspaper and was duly passed on the day of 2025, and the same is hereby certified to the Mayor for his approval or disapproval. WITNESS my hand and seal at Sebring, Florida, this day of 2025. Kathy Haley, City Clerk City of Sebring The foregoing Ordinance was received by me this day of 2025, and by me approved this day of 2025. John C. Shoop, Mayor City of Sebring, Florida I, KATHY HALEY, City Clerk of the City of Sebring, Florida, hereby certify that a copy of the foregoing Ordinance was posted by me at the door of the City Hall on the day of 2024, and that same remained SO posted until the day of 2025. Kathy Haley, City Clerk City of Sebring, Florida Ordinance No. 1536 Page 4 of 5 EXHIBITA" PARCEL 1: 1809 HOME AVENUE PARCELS-19-3479-A00-0060-000) Commence at the Northwest Corner of Farm 39, Dinner Lake Suburbs, thence run South 46°23' West along the South right-of-way line of Home Avenue for a distance of 170.00 feet for a point of beginning; thence continue South 46°23' West still along said South right-of-way line of Home. Avenue for a distance of289.62 feet to a point on the Easterly right-of-way line ofthe Seaboard Coastline Railroad; thence run South 42°07' East along said Easterly right-of-way line of Seaboard Coastline Railroad for a distance of 205.35 feet; thence run North 46°23' East for a distance of 294.95 feet; thence run Noith 43037' West for a distance of 205.28 feet to the point ofl beginning: lying and being in Goverment Lot 3 and the Northwest %4 of Section 19. Towiship 34 South, Range 29 East. Highlands County. Florida. Containing 60.000 square feet. Ordinance No. 1536 Page 5 of5 5 EXHIBIT "B" Future Land Use Map City of Sebring Proposed Future Land Use Map Dinner Lake CAs - s 17) SUBJECT PARCEL: 1809 Home Ave ParcelID: $-19-34- 29-A00- -0060-0000 ES8 Area: +/. 1.38ac Proposed Future Land Use Map: Commercial 0 (COM) B 0 % EN - / - - & o , Legend Subject Parcel l9 Parcel Boundaries o / Sebring City Boundary FLU V MDR Medium Density Residential % HDR - High Density Residential COM Commercial 1125 225 PUB Public Feet ATTACHMENT 3 mmahplamémensunc Fbnap22B3IOILANDS NEWS- -SUNIA7 OBITUARIES Groundhog Day's Bertram Dale Durden thes state, including the pres- who considered Dale their Bertram Dale Durden, tigious Black Diamond and secondd dad. deep roots predate ages 82, of Avon Park, Flori- Lakewood Ranch. Preceding him in death is da, passed away on. Jan. 20, He enjoyed golf and loved his beloved wife, Ruth Enoch 2025. He was born on March playing his guitars, singing Durden; his parents: his sis- Phil 6, 1942, in Swainsboro, Punxsutawney Geor- ande composing songs. ters, June Dickens and Beth gia, to the late Lee Henry Dale is survived by his sis- Renew; and his brother, Rus- Durden and Louise (Amerson) ter, Sharon Townsend of sell Durden. BYMARKS AssoclatedPes SCOUFORO holiday by pienick- Durden. Swainsboro, Georgia: step A Celebration ofLife will be EEN hunting ande eating Dale was farmer and children, Renee L. Lewis helds ata af future date. Groundhog Day predio of Punx- worked in thec citrus industry (Kevin) ofst. Johns, Plorida, Cremation arrangements en- 1 tionsa aboutt thec comingof sutawney a before starting career as Darlene Kreigh of New Smyr. trusted tos Stephenson- -Nelson putt thes spotlight Club, Groundhog in 1899. project supervisor for Central na Beach, Florida, and Ricky Funeral Home, 111 E. Circle E Phil care E and his Florida Turf where he worked Viets (Shirley) of Avon Park, St., Avon Park, FL33825. On- but celebrat woodchuck family ata for2 21 years until his retire- Florida; three grandchildren, line condolences may be left E midpointb and between darkest space be ment. He was instrumental in six Ereatgrandchildren, and at ww stephensonnelsonfh. theshortesta Me - building golf courses all over many nieces and nephews com day oft they and has the an- E morial E E European view intot the creature's burrow. Phil E CITY OF SEBRING NOTICE OF PUBLIC HEARINGS is_far Punxs from sutawney the only The Punxsutawney makes groundhogw whoseh human E but he'sn YOU ARE HEREBY NOTIFIED that PUBLIC HEARINGS will be held and ordinances will announcements handlers make annual about ways predictable. groundhog The be consideredir int the Council Chambers, City Hall, 368 South Commerce Avenue, Sebring, whether they've seen befores sunrise Florida, as follows: their own shadows and 1929a and didn'to come E arep predictings six more until latea after noon 1. A public hearing before the City of Sebring Planning and Zoning Board and Local weeks earlys spring of winter or an ms The 1941. 1993 Bill Mur. Planning Agency on Iuesday. February11.2025 beginning at 5:30 p.m., or as soon vides The date calendarb not onlys be- di- movie" causeds "Groundhog such a re thereaftera Considerationv tor B aspossible. willbeg givenwhether recommendthat CityCouncil tweent Be winters solstice surgenceo ofi interest! that adopt Ordinancel Nos. 1536 and1 1537. and the spring equi- two years after ite came nox - it's-also a time event organizers 2. The First Reading (Public Hearing) will be held before the City Council on] Tuesday, ofyear Celtic that calendar figures and in SL rowdy crowds concern drinking about March_4. 2025 beginning at 5:30 pm, or as soon thereafter as possible to consider holiday df climb Ordinancel Nos. 1536a and 1537. Andi ne easterna ando cen- E trees to others E strippingt under where wear. 1998. a ground- 3. The Second Reading (Public Hearing) for this amendment will be held by the City EE German de- hoge leader wearing of Sebring City Council on Iuesday.March1 18. .2025 beginning at 5:30F PM or as soon haveb beeny watching annual reportede a $4,000 groundhogs beinga assaulted suit thereafter asp possiblet toconsider adoption of Ordinance Nos. 1536 and1 1537. from! hiberna- by a half-dozen E E for centuries. there's men. young ORDINANCE 1536: atradition clubs and of celebrations groundhog ited Alcohol at CAETR now prohib Knob. thata are independent of Philss spots some 80r miles ANORDINANCEOFT THECITYOFS SEBRING,FLORIDAC CHANG G 1r INGTHEFUTURELANDUSE Phil. Some dismiss the kilometers) north CLASSIFICATIONF FOR AI PARCEL1 THAT1 TOTALS APPROXIMATELY 1.38 ACRESLOCATED E Punxsutavney event Does Phil have any AT 1809 HOME AVENUE (PARCEL $-19:3429-0-00604 -0000) FROM PUBLIC (PB)TO unworthy competition? COMMERCIAL (COM); PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; B they ownf say forecast in festivities were ANDI PROVIDINGF FOR AN EFFECTIVE! DATE. E E more accurate weather followedi in 1907by folks There have Quarryville. a farm- AND E weather-predicting area in Lancaster in atl least2 28 in Pennsylva E EE statesand Canadian nia's southeastern cor ORDINANCE1537: provinces, malc celebrations andk less far for and membersd ner. The dft Slumber 240 wide. Groundhog Lodge AN ORDINANCE OF THE CITY OF SEBRING, FLORIDA CHANGING THE ZONING Onet thingi it's not: seri- E report the winter CLASSIFICATION OF FOR A PARCEL THAT TOTALS APPROXIMATELY 1.38 ACRES ous "Wek business. know thisi iss silly: forecast or from least Octoraro vial his LOCATEDAT 1809HOME AVENUE( (PARCELS-19- 34-29- A00- 0060 0000) FROM: SINGLE we know this is fun, - FAMILY RESIDENTIAL DISTRICT (R-1)1 TO COMMERCIAL DISTRICT (C-1); PROVIDING said Marcy Galando, ex Whistle pigs on the FORS SEVERABILITY, PROVIDINGI FOR CONFLICT; ANDI PROVIDING FOR ANI EFFECTIVE ecutived director Ground- of the menu? The is a DATE. E hog Club. want peo membero groundhog of the squirrel to come here witha family and related prairie to Location Map and - Herea ares somet thingsto E dogs. Its knowna as knowa aboutu theholiday woodchuck, a whistle the in parlance ah Cems - Dutch,a S Celtic people. across language with German o Europen markedt thefour roots.a" "grundsau." ye between days that thes are winter midway sol- vores Groundhogs thata arethemselves areh herbi stice, thes springequinax, edible humans. al- . : thought - ly consumed Their lifes E Imbolc is inthew wildist typical- Chris- EE aroundw when EL threeyears 3 E celebrate Candle Some cooks adyise timed to Joseph best presentation E E are theT Temple in after clover a LE Jerusalem. since clo 4 && * Ancient people would ver ist thought toi im- taste. LE watch the sun, stars ther meat'st 4 anda animal behavior to F often does Phil farming practices getitri right? decisions, and Some well-meaning ofy watching efforts haves sought to E animal's emergence determine! Philsa A E winter hibernation but what" "six tof forecast weather has winter means de - / roots inas similar involving Ger- Claims orhas thata or Penn- not seen Bs shadow E E *o, sylvania parentlys substituted Germans the communicate and that it's thatto ablet to $ 4. S A endemict to human are also fair 4 3 1E andr midwesi- territory for skepticsa and / de % emlnitedstates. Historians found E By accounts. impaired. Phil a an / 4 reference 1841 predicts morev winter far - to he pre V 4 groundhog ofen than 3) E forecasts in a anearlys spring. early Pebruary among Groundhogs are most / a 5L de- lys solitaryc creaturesw who E Morgantown, startt to in mid aocording winter a mate. THEC E CITYOFS SEBRINGDOESNOTE DISCRIMINATE UPONTHEE BASISOF ANINDIVIDUAL'S late Don Yoder, a The behind DISABILITY ofE STATUS. THIS NON-DISCHIMINATORY POLICY INVOLVES EVERY ASPECT E professor whose Pennsylva. 2003 any whethert canr weather make OF THE CITY'S FUNCTIONS, INCLUDING ONE'S ACCESS TO, PARTICIPATION IN, about Groundhog isp problemat EMPLOYMENT OF, OR TREATMENT IN, IS PROGRAMS AND/OR ACTIVITIES. IN the Celtic E exploredi keatbest. E ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT, PERSONS WITH concluded the the Among Nationald the Centers skeptics for is DISABILITIES 1 NEEDING A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS festivalhasn roots! in* "an Informa PROCEEDING SHOULD CONTACT KATHY HALEV, CITY CLERK, AT 368 SOUTH cient. historic, undoubtedly weather lore." pre E within Atmospher National COMMERCE. AVENUE, SEBRING, FLORIDA 33870, TELEPHONE (863) 471-5100, 1E NOT Why is celebrated leAdministration-The LATERTHANT TWENTY-FOUR (24) HOURS PRIORTOT THE PROCEEDING.IF HEARING OR in - governments agencys com- VOICEI IMPAIRED,PLEASE CALLI THEC CLERKI THROUGHFLORIDAI RELAYS SERVICE:(TDD) manss Pennsylvania inthea area. Ger- E national Philsr recordy with 1-800-955-8771, OR VOICE (V) 1-800- 955-8770, VIAI FLORIDAI RELAY SERVICE. late 1880s, tures to conclude E started celebrating hardly perfect. AFFIDAVIT OF PUBLICATION HIGHLANDS NEWS-SUN Published Daily SEBRING, HIGHLANDS COUNTY, FLORIDA Case No. CITY OF SEBRING NOTICE OF PUBLIC HEARINGS STATE OF FLORIDA, COUNTY OF HIGHLANDS Before the undersigned authority, Janet Emerson, personally appeared who on oath says that she is the Classified Advertising Legal Clerk ofHighlands News-Sun, a newspaper published at Sebring in Highlands County, Florida; that the attached copy or reprint of the advertisement, to the right, being a Public Notice, was published in said newspaper by print in the issues of or by publication on the newspaper's website, if authorized, on: FEBRUARY 2. 2025 Affiant further says that the Highlands News-Sun newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. SIGNED: N Law Janet Emerson Sworn to and subscribed before me this 3rd day of] February, 2025 by Janet Emerson, who is personally known to me. Hoe M.P Nancy Y. Whirley, Customer Service Supervisor, Notary Number: HH 293555 Notary expires: July 26, 2026 NANCYY. WHIRLEY Notary! Publlc State of Florida Comm# HH293555 Expires 7/26/2026 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTER: Bishop5waineBammby AGENDA ITEM #: 10C-] Public Hearing and Ordinance #1537. An applicant-initiated amendment to the Official Zoning Map specifically, changing the zoning designation of a parcel of land, totaling approximately 1.38 acres and located at 1809 Home Avenue (Parcel 5.193429.400.0002 from Single Family Residential (R-1) to Commercial District (C-1). BACKGROUND: I. Introduction ofOrdinance #1537. Swaine II. Purpose of Public Hearing: Toi receive public input on an ordinance which will amend the Sebring Zoning Map for a parcel ofland totaling approximately 1.38 acres located at 1809 Home Avenue (Parcel 5.19.429-400000.0 from Single Family Residential (R-1) to Commercial District (C-1) Bishop III. CFRPC Staff Report.. Marisa M. Barmby The Planning and Zoning Board held a public hearing on February 11, 2025 and voted to recommend approval of the Zoning Map amendment to City Council with corrections to scrivener's errors in the proposed Ordinance. A companion Future Land Use Map amendment is also under consideration = ORD 1536 The City Council will hold a second public hearing on April 1, 2025 at 5:30 PM (Second Reading Public Hearing). IV. Public commentyimputquetions Bishop V. Adjourn public hearing. Bishop VI. Council's questions/comments, Bishop Attachment 1 - CFRPC Staff Report Attachment 2 - Ordinance #1537 Attachment 3 - Notice of Ad REQUESTED MOTION: Approve Ordinance #1537 on first reading and schedule second and final reading for April 1, 2025. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Carlisle Havery Mendel Stewart Bishop TABLED TO: OTHER Page 1 ATTACHMENT 1 EBRING ciy OW THE CIRCLE CITY OF SEBRING REZONING STAFF REPORT March 18, 2025 TO: CITY OF SEBRING CITY COUNCIL FROM: CENTRAL FLORIDA REGIONAL PLANNING COUNCIL SUBJECT: An applicant-initiated amendment to the Zoning Map specifically changing the Zoning Designation for a parcel thati totals approximately 1.38 acres located at 1809 Home Avenue (Parcel $193429.400080.000 from Single Family Residential District (R-1) to Commercial District (C-1). AGENDA & HEARING DATES: Planning & Zoning Board Meeting: February 11, 2025; 5:30 PM (Public Hearing) City Council Meeting: March 4, 2025; 5:30 PM (Public Hearing, First Reading) = item tabled City Council Meeting: March 18, 2025; 5:30 PM (Public Hearing, First Reading) City Council Meeting: April 1, 2025; 5:30 PM (Public Hearing, Second Reading) Attachments Aerial Photo - Future Land Use Map - Proposed - I Zoning Map - Existing Zoning Map - Proposed Ordinance 1537 Planning and Zoning Board Motion Location Map e At their February 11, 2025 meeting, the Planning and Zoning o* S Board voted to recommend approval to the City Council with o MCIFARCT changes to scrivener's errors to the proposed ordinance. :A Pse MOTION OPTIONS: Sy 8 9 8 A 1. Imove approval of Ordinance 1537 for the Zoning Map Amendment on first reading. - 2. I move the approval with changes to Ordinance 1537 for the Zoning Map Amendment on first p / ee reading. € % 6 $ % 3. I move continuation until a date and time certain I € / nd e % 9 1 e bovnsan e * ye C sa 34 E Overview: REZONING AMENDMENT Owner Sebring Masonic Lodge #249 F & AM Agent Jeff Kennedy and Dana Riddell Property Size Total of t 1.38 acres Property Address 1809 Home Avenue Parcel IDs S-19-34-29-A00-A00-0060-0000 Future Land Use - Proposed Commercial (COM) Zoning = Existing: Single Family Residential (R-1) Zoning - Proposed: Commercial (C-1) BACKGROUND AND REASON FOR REQUEST: The property currently includes an approximately 7,500-square-foot Masonic Lodge. The Masonic Lodge is classified as a place of public assembly, which is why it is a permitted use in the current Future Land Use and Zoning categories. The applicant would like to utilize this site to provide commercial services to the surrounding residential uses. The application mentions office uses and service establishments, but the change in Future Land Use and Zoning would permit all uses as outlined in the Comprehensive Plan and Land Development Code. There is a companion Future Land Use Map amendment = Ordinance 1536. COMPREHENSIVE PLAN COMPATIBILITY: The request is to change the zoning is consistent with the proposed Future Land Use amendment (Ordinance 1536). The existing and proposed zoning district descriptions follow. Proposed Future Land Use: City of Sebring Comprehensive Plan, Future Land Use Element, Policy 1.1.H., Commercial (COM): Office and commercial activities and uses and all residential, recreation, and public uses and light manufacturing, wholesale, and warehouse uses are when the impacts of similar to commercial or office uses with a maximum impervious surface ratio of 0.70 except within the Downtown Sebring CRA where impervious surface ratio may be allowed up to 1.0. Maximum building height shall be 50 feet except the height may be up to 100 feet when approved by the City Council as part of a PD in conjunction with an approved Development Agreement. Multi-family is allowed and may not exceed 20 dwelling units per acre except the density may be up to 40 dwelling units per acre when approved by the City Council as part of a PD in conjunction with an approved Development Agreement. Public and utility uses are allowed as accessory to the permitted uses in the category. Existing Zoning: City of Sebring, Code of Ordinances, City of Sebring Section 26-132. = Single Family Residential (R-1) The R-1 residential district is a single-family residential area with a density up to 4.3 dwelling units per acre with medium size of at least 10,000 square feet where the city's goal is to serve the district with city water and sewer 2 Proposed Zoning: City of Sebring, Code of Ordinances, City of Sebring Section 26-140. - C-1 Commercial District (a) Uses permitted. Uses permitted in the C-1 district are: (1) Any use permitted in the R-3 district excluding single-family homes, group homes, and community residential homes. (2) Agencies, including financial institutions, insurance, rental and real estate offices. (3) Personal service establishments, including barbershops and beauty shops, clinics. (4) Offices, including medical, dental, legal, scientific, engineering, fine arts and literary offices but not including fortunetellers or psychics. (5) Trade service establishments, including cleaning and dyeing, hand laundries, shops for the sale and repair of lawnmowers, batteries, radios, bicycles, guns, shoes, trees, typewriters, watches and jewelry and other mechanisms, shops for interior decorators, painters, paper hangers and plumbers, addressing and mailing, advertising and distributing, multigraphing, printing and photography, and laboratories where the items being sold or service are housed primarily within a building, car care centers or car washes, automobile filling and parking stations, and automobile sales rooms. (6) Vocational schools, including trade, secretarial, art, professional, music, dancing and dramatic schools. (7) Commercial amusements, including theaters, ballrooms, commercial games and sports. (8) Retail stores, including department stores, drug stores, restaurants and cafes where the materials for sale are housed primarily within a building, except as permitted by section 26-232, lumberyards, junk dealers, recycling centers, new or used building material yards, or auto paint and body shops. (9) Sidewalk cafes with special permit issued under section 22-30 of this Code. (10) Child care facilities. (11) Motels and hotels. (12) Mini storage (self storage/mini warehouse). (b) Building height limit. The maximum building height shall be 50 feet. (c) Building site area. No minimum requirements, except that in no case shall a single-family, two-family or multiple-family dwelling be erected on a site that provides an area less per family than is required under the minimum area provisions stipulated for R-1, R-2 and R-3 districts. 3 (d) Front yard area. No front yard is required except for dwellings; and in such cases, the provisions pertinent to the class of dwelling erected shall govern. (e) Side yard area. No side yard area is required for commercial buildings. In case of dwellings, the provisions pertinent to the class of dwelling erected shall govern. (f) Rear yard area. There shall be a rear yard not less than 20 feet in depth. (g) Impervious surface. New developments shall not exceed 70 percent impervious surface on the site except in the case where an existing building has been destroyed by an act of nature. In such cases, a building of the same size as that destroyed may be replaced. (h) Open space. All multi-family and nonresidential development shall provide a minimum of ten percent open space. (i) Conditional uses permitted in the C-1 district. Permitted only by conditional use permit, pursuant to the requirements set forth in section 26-41: (1) PWS facilities pursuant to the standards contained within chapter 19. Amendment Analysis Table 1 includes the density/intensity for the amendment to the Zoning Map, The Publuc Use Future Land use district does not include a provision for maximum density or intensity. The proposed Commercial Future Land Use would restrict the site to a maximum of4 42,078 sf. The site currently includes a 7,290-sf building. Table 1: Analysis of Impacts from Proposed Zoning Map Amendment Existing Zoning: Proposed FLU: R-1 (1.38 acres) C-1 (1.38 acres) Density/Intensity 4.3 du/acre 0.7 Impervious Surface or 12 du/acre multifamily Density/Intensity Potential 5 du 42,078 sf or 16 du Difference Commercial would allow for 42,078 sf non-residential uses or maximum of 16 multi-family residential units **may be impacted by Live Local Act Land Use Analysis: The property is located at the intersection of Sebring Parkway and Home Avenue. The existing land uses surrounding the property include single family homes and vacant, non-agricultural lands, with a retail commercial use to the west. The Future Land Uses include Public Use (P) and Medium Density Residential (MDR) and the zonings are RSF-1 except for the parcel to the west zoned C-1. The Land Use Matrix below outlines the existing and proposed Future Land Use and zoning oft the 4 subject portion of the property, the existing Future Land Use and zoning of adjacent properties, and the existing land use of the subject and adjacent properties. Adjacent properties to the northwest, west, and southwest are separated from the property by approximately 160 feet of right-of-way. Proposed Future Land Use and Zoning Maps are also provided for reference. Land Use Matrix Northwest North Northeast FLU: Medium Density FLU: Medium Density Residential FLU: Medium Density Residential (MDR) (MDR) Residential (MDR) ZONING: Single Family ZONING: Single Family (R-1) ZONING: Single Family (R-1) (R-1) EXISTING USE: Single Family EXISTING USE: Single Family EXISTING USE: Single Family West Subject Property East FLU: Commercial (COM) EXISTING FLU: Public Use (P) FLU: Public Use (P) PROPOSED FLU: Commercial ZONING: Commercial (C- (COM) ZONING: Single Family (R-1) 1) EXISTING ZONING: Single Family (R-1) EXISTING USE: Single Family EXISTING USE: Retail PROPOSED ZONING: C-1 Commercial EXISTING USE: Masonic Lodge Building Southwest South Southeast FLU: Medium Density FLU: : Public Use (P) FLU: Public Use (P) Residential (MDR) ZONING: Single Family (R-1) ZONING: Single Family (R-1) ZONING: Single Family EXISTING USE: Vacant, Non- (R-1) EXISTING USE: Vacant, Non- Agriculture Agriculture EXISTING USE: Single Family 5 View of Property Sebring Masonic Lodge 249 website View of Property Google Maps photo capture May 2024 View to Northwest and West Google Maps photo capture May 2024 Public Facilities and Services Analysis: The following is a summary analysis of the potential impacts on existing public facilities and services. Potable Water The site is currently served by the City of Sebring. Impacts to the City's utilities would be evaluated at time of application for site plan. Sanitary Sewer The site is currently served by an on-site septic. Central Sanitary Sewer is not currently available for the subject property. Impacts of proposed use changes will dictate the requirements for this property to connect to wastewater. Solid Waste: The City serves the existing property and has capacity to provide further services as needed. Per a July 18, 2024 letter from Robert Diefendorf, Jr, Highlands County Assistant to the Critical Infrastructure Director, the County currently has capacity to meet estimated solid waste demands for this property. Transportation/fralfic: The property is located on the intersection Home Avenue and Sebring Parkway. The property has access on Home Avenue. The property has access to the surrounding road network. The roads are operating at a Level of Service of A. Any future development proposal will require an evaluation ofi impacts to traffic, including access. Education: The site is not residential SO there is no impact to school concurrency. Recreation/Open Space: The site is not residential SO there is no impact to recreation and open space concurrency requirements. The C-1 zoning district requires all nonresidential development to provide a minimum of ten percent open space. Proposed development of the site will be required to maintain this open space requirement. Environmental Lands The property is not located in wetlands or xeric uplands. Emergency Services Emergency Services are located within close proximity (less than 5-minute travel time) of the subject property. Summary The proposed Zoning Change, in conjunction with the proposed Future Land Use amendment, is compatible with the surrounding area based on the property's location and the building currently located on the site. Any commercial development to occur on the site will be required to install landscape buffers against the adjacent residential uses. 7 City of Sebring Aerial Map Dinner. Lake SUBJECT PARCEL: 1809 Home Ave Parcel ID: 8.19.429.400.060.000 Area: +-1.38ac a - & Legend Subject Parcel Parcel Boundaries 112.5 225 Feet Sebring City Boundary Soulset EWtLla hs Ge epaphics the GSUS City of Sebring Proposed Future Land Use Map Dinner Lake ous - es 17) SUBJECT PARCEL: 1809 Home Ave Parcel ID: .19.429A00.060900 Area: +l-1.38 ac Proposed Future Land Use Map: Commercial (COM) & B 0 - / - & Legend A 2 Subject Parcel - 6 Parcel Boundaries Sebring City Boundary 9 / FLU V MDR Medium o Density Residential HDR High Density Residential COM Commercial 112.5 225 PUB Public Feet uP 020525 a City of Sebring Existing Zoning Map Dinner Lake DAs - us SUBJECT PARCEL: 1809 Home Ave Parcel ID: $19.34,29.400.060.00 Area: +i- 1.38 ac Zoning Map: Single Family (R-1) E8 0 Bp 0 - / - V C & Legend 4 Subject Parcel 6 Parcel Boundaries O Sebring City Boundary f / ZON V S f R1- Single-Family R1A- Single-Family SI R3 - Multiple-Family 112.5 225 Feet SC1- Commercial 10 City of Sebring Proposed Zoning Map Dinnerl Lake Da - us SUBJECTPARCEL: 17 1809 Home Ave Parcel ID: .18.423.400.060000 Area: +/- 1.38 ac Proposed Zoning Map: Commercial (C-1) Ee 0 Bp - / V - & Legend 2 - Subject Parcel 9 S Parcel Boundaries Sebring City Boundary f / ZON V Ç S R1- Single-Family R1A - Single-Family SF R3- Multiple-Family 112.5 225 S C1- Commercial Feet Gobng 11 ORDINANCE NO. 1537 AN ORDINANCE OF THE CITY OF SEBRING, FLORIDA CHANGING THE ZONING CLASSIFICATION OF FOR A PARCEL THAT TOTALS APPROXIMATELY 1.38 ACRES LOCATED AT 1809 HOME AVENUE (PARCEL S-19-34-29-A00-0060-0000) FROM SINGLE FAMILY RESIDENTIAL DISTRICT (R-1) TO COMMERCIAL DISTRICT (C-1); PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the subject parcel, owned by the Sebring Masonic Lodge F & AM and legally described in Exhibit "A", consists of approximately 1.38 acres and is the subject of this ordinance and represents a change to the Zoning Map by changing the Zoning designation from Single Family Residential (R-1)1 to Commercial District (C-1); and WHEREAS, the request is consistent with the Future Land Use Element of the Sebring Comprehensive Plan and proposed Ordinance 1536; and WHEREAS, the real property which is the subject of this Ordinance constitutes less than five percent (5%) of the municipally zoned area of the City; and WHEREAS, on February 11, 2025, in accordance with Section 163.3174, Florida Statutes, and applicable law, the City's Planning and Zoning Board, sitting as the Local Planning Agency (LPA) as designated by the City, at a duly advertised public meeting considered the Applicant's request for rezoning as set forth in this Ordinance which included, but is not limited to, testimony and argument(s) from interested and/or aggrieved parties; and WHEREAS, on February 11, 2025, the interested and/or aggrieved parties and citizens in attendance were provided with an opportunity to be heard and present testimony to the City's Planning and Zoning Board; and WHEREAS, as a result of this Ordinance being initiated by the, the City Council of the City of Sebring held duly noticed public hearings regarding the parcels shown on Exhibit "A" in accordance with Section 166.041 (3), Florida Statutes, to provide the public an opportunity to be heard, obtain public comment, and receive and consider all written and oral testimony presented during such public hearings, including supporting documentation; and WHEREAS, in exercise of its authority, the City Council of the City of Sebring has determined it necessary to amend the Official Zoning Map to change the City zoning designations assigned to the these properties. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBRING, FLORIDA, that: Ordinance 1537 Page 2 of5 Section 1. The official zoning map of the City of Sebring is amended to assign the City zoning classification of Commercial District (C-1) to the real properties shown in Exhibit "B" which is attached and made a part hereof. Section 2. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section3. Any ordinance or part thereof in conflict with this Ordinance or any part hereof is hereby repealed to the extent of the conflict. Section4. This Ordinance shall not be codified in the Code of Ordinances of the City of Sebring, Florida. A certified copy of this enacting ordinance shall be located in the Office of the City Clerk of Sebring. The City Clerk shall also make copies available to the public for a reasonable publication charge. Section5, Sections of this Ordinance may be renumbered or re-lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or his designee, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. Section 6. The effective date of this ordinance shall be upon the effective date of Ordinance 1536. INTRODUCED AND PASSED on First Reading at the regular meeting of the City of Sebring City Council held on the day of 2025. PASSED AND DULY ADOPTED, on second reading at the meeting of the City of Sebring City Council duly assembled on the day of 2025. CITY OF SEBRING, FLORIDA Roland Bishop, President City Council, City of Sebring, Florida Attest: Kathy Haley, City Clerk This Ordinance was adopted after consideration at two advertised public hearings and at two separate meetings after notice being property published in a local newspaper Ordinance 1537 Page 3 of5 and was duly passed on the day of 2025, and the same is hereby certified to the Mayor for his approval or disapproval. WITNESS my hand and seal at Sebring, Florida, this day of 2025. Kathy Haley, City Clerk City of Sebring The foregoing Ordinance was received by me this day of 2025, and by me approved this day of 2025. John C. Shoop, Mayor City of Sebring, Florida I, KATHY HALEY, City Clerk of the City of Sebring, Florida, hereby certify that a copy of the foregoing Ordinance was posted by me at the door of the City Hall on the day of 2025, and that same remained sO posted until the day of 2025. Kathy Haley, City Clerk City of Sebring, Florida Ordinance 1537 Page 4 of 5 ORDINANCE 1537 EXHIBIT "A" LEGAL DESCRIPTION PAGE 1 of1 PARCEL 1: 1809 HOME AVENUE (PARCEL 3t2P-A0-O-009A Commence att the Northwest Corner of Farm 39, Dinner Lake Suburbs, thence run South 46°23' West along the South right-of-way line ofl Home Avenue for a distance of 170.00 feet for a point of beginning: thence continue South 46°23' West still along said South right-of-way line ofHome Avenue for a distance of289.62 feet to a point on the Easterly right-of-way line ofthe Seaboard Coastline Railroad; thence run South 42°07' East along said Easterly right-of-way line of Seaboard Coastline Railroad for a distance of 205.35 feet: thence run North 46°23' East for a distance of 294.95 feet: thence run North 43037' West for a distance of 205.28 feet to the point ofbeginning: lying and being in Government Lot 3 and the Northwest % of Section 19. Township 34 South. Range 29 East. Highlands County. Florida. Containing 60,000 square feet. Ordinance 1537 Page 5 of 5 ORDINANCE 1537 Exhibit "B" Zoning Amendment Map Page 1 of 1 City of Sebring Proposed Zoning Map Dinner Lake Da - es SUBJECT PARCEL: 1809 Home Ave Parcel D: .19.3423.400.060.00 Area: +i-1.38 ac Proposed Zoning Map: Commercial (C-1) 8 09 C 0 S y ls / - 1 - 4 & & 6 Legend > Subject Parcel Parcel Boundaries e à 0 / Sebring City Boundary ZON & SR1- Single-Family R1A- Single-Family SR3- Mul6ple-Family 1125 225 Feet SC1- Commercial ATTACHMENT 2 ORDINANCE NO. 1537 AN ORDINANCE OF THE CITY OF SEBRING, FLORIDA CHANGING THE ZONING CLASSIFICATION OF FOR A PARCEL THAT TOTALS APPROXIMATELY 1.38 ACRES LOCATED AT 1809 HOME AVENUE (PARCEL S-19-34-29-A00-0060-0000) FROM SINGLE FAMILY RESIDENTIAL DISTRICT (R-1) TO COMMERCIAL DISTRICT (C-1); PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the subject parcel, owned by the Sebring Masonic Lodge F & AM and legally described in Exhibit "A", consists of approximately 1.38 acres and is the subject of this ordinance and represents a change to the Zoning Map by changing the Zoning designation from Single Family Residential (R-1) to Commercial District (C-1); and WHEREAS, the request is consistent with the Future Land Use Element of the Sebring Comprehensive Plan and proposed Ordinance 1536; and WHEREAS, the real property which is the subject of this Ordinance constitutes less than five percent (5%) of the municipally zoned area of the City; and WHEREAS, on February 11, 2025, in accordance with Section 163.3174, Florida Statutes, and applicable law, the City's Planning and Zoning Board, sitting as the Local Planning Agency (LPA) as designated by the City, at a duly advertised public meeting considered the Applicant's request for rezoning as set forth in this Ordinance which included, but is not limited to, testimony and argument(s) from interested and/or aggrieved parties; and WHEREAS, on February 11, 2025, the interested and/or aggrieved parties and citizens in attendance were provided with an opportunity to be heard and present testimony to the City's Planning and Zoning Board; and WHEREAS, as a result of this Ordinance being initiated by the, the City Council of the City of Sebring held duly noticed public hearings regarding the parcels shown on Exhibit "A" in accordance with Section 166.041 (3), Florida Statutes, to provide the public an opportunity to be heard, obtain public comment, and receive and consider all written and oral testimony presented during such public hearings, including supporting documentation; and WHEREAS, in exercise of its authority, the City Council of the City of Sebring has determined it necessary to amend the Official Zoning Map to change the City zoning designations assigned to the these properties. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBRING, FLORIDA, that: Ordinance 1537 Page 2 of 5 Section 1. The official zoning map of the City of Sebring is amended to assign the City zoning classification of Commercial District (C-1) to the real properties shown in Exhibit "B" which is attached and made a part hereof. Section 2. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section3. Any ordinance or part thereof in conflict with this Ordinance or any part hereof is hereby repealed to the extent of the conflict. Section4. This Ordinance shall not be codified in the Code of Ordinances of the City of Sebring, Florida. A certified copy of this enacting ordinance shall be located in the Office of the City Clerk of Sebring. The City Clerk shall also make copies available to the public for a reasonable publication charge. Section 5. Sections of this Ordinance may be renumbered or re-lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or his designee, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. Section 6. The effective date of this ordinance shall be upon the effective date of Ordinance 1536. INTRODUCED AND PASSED on First Reading at the regular meeting of the City of Sebring City Council held on the day of 2025. PASSED AND DULY ADOPTED, on second reading at the meeting of the City of Sebring City Council duly assembled on the day of 2025. CITY OF SEBRING, FLORIDA Roland Bishop, President City Council, City of Sebring, Florida Attest: Kathy Haley, City Clerk This Ordinance was adopted after consideration at two advertised public hearings and at two separate meetings after notice being property published in a local newspaper Ordinance 1537 Page 3 of 5 and was duly passed on the day of 2025, and the same is hereby certified to the Mayor for his approval or disapproval. WITNESS my hand and seal at Sebring, Florida, this day of 2025. Kathy Haley, City Clerk City of Sebring The foregoing Ordinance was received by me this day of 2025, and by me approved this day of 2025. John C. Shoop, Mayor City of Sebring, Florida I, KATHY HALEY, City Clerk of the City of Sebring, Florida, hereby certify that a copy of the foregoing Ordinance was posted by me at the door of the City Hall on the day of 2025, and that same remained sO posted until the day of 2025. Kathy Haley, City Clerk City of Sebring, Florida Ordinance 1537 Page 4 of 5 ORDINANCE 1537 EXHIBIT "A" LEGAL DESCRIPTION PAGE 1 of 1 PARCEL 1: 1809 HOME AVENUE (PARCEL S-19-34-29-A00-A00-0060-0000) Commence at the Northwest Corner of Farm 39, Dinner Lake Suburbs, thence run South 46°23'West along the South right-of-way line of Home Avenue for a distance of 170.00 feet for a point of beginning; thence continue South 46°23' West still along said South: right-of-way line of Home. Avenue for a distance of289.62 feet to a point on the Easterly right-of-way line ofthe Seaboard Coastline Railroad; thence run South 42°07' East along said Easterly right-of-way line of Seaboard Coastline Railroad for a distance of 205.35 feet; thence run North 46°23' East for a distance of 294.95 feet; thence run North 43037' West for a distance of 205.28 feet to the point ofbeginning; lying and being in Govermment Lot 3 and the Northwest %4 of Section 19, Township 34 South, Range 29 East, Highlands County, Florida. Containing 60,000 square feet. Ordinance 1537 Page 5 of 5 ORDINANCE 1537 Exhibit "B" Zoning Amendment Map Page 1 of 1 City of Sebring Proposed Zoning Map Dinner Lake OAP - es SUBJECTPARCEL: 17 1809 Home Ave ParcelID: 5.109.3423.400.040.000 Area: +1- 1.38 ac Proposed Zoning Map: Commercial (C-1) e o Br 0 - / - - 1 & 6 Legend 6, Subject Parcel Parcel Boundaries e 0 / Sebring City Boundary ZON S R1- Single-Family & R1A-S Single-Family SR3-N Multiple-Family 1125 225 Feet sC1- Commercial ATTACHMENT 3 mamplamémensuncom Fbnan22BSICILANDS: NEWS- SUN IA7 OBITUARIES Groundhog Day's Bertram! Dale Durden thes state, including the pres. who considered Dale their Bertram Dale Durden. tigious Black Diamond and second dad. deep roots predate age 82. of Avon Park, Flori- Lakewoud Ranch. Preceding him in death is da. passed away on Jan. 20. He enjoyed golf and loved his beloved wife. Ruth Enoch 2025. He was born on March playing his guitars, singing Durden; his parents: his sis- Phil 6. 1942, in Swainsboro, Punxsutawney Geor. ando composings songs. ters. June Dickens and Beth gia, to the late Lee Henry Dale is survived by his sis- Renew: and his brother. Rus- Durden and Louise (Amerson) ter, Sharon Townsend of sellD Durden. EYMARKSCOUFORO AssocitedPes holiday hunting by and pienick- Durden. Swainsboro, step A of eating EME Georgia: Celebration Life willl be Dale was a farmer and children. Renee L. Lewis heldatal future date. Groundhog Day sroundhogs Members of Punx: worked int thec citrus industry (Kevin) ofst. Johns. Florida, Cremationa arrangements en- tionsa aboutt sutawney Groundhog a PE before starting careera asa Darlene Kreigh of New Smyr. trusted to Stephenson Neison springs put the spotlight Club. in 1899. projects supervisor for Central na Beach, Florida. and Ricky Funeral Home. 111 E. Circle Punxsutawney Phil care E and his Florida Turfy where hev worked Viets (Shirley) of Avon Park. St., Avon Park. FL: 33825. On- Feb, 21 but celebrat woodchuck family at a for 21 years until his retire. Florida: three grandchildren, line condolences may be left between space be- Me ment. Hev was instrumental in six greabgrandehilaren, and at www stephensomnelsonfh. andd darkest - building all day oft the year: andt the morial LE golf courses over many nieces and nephews com spring equinox hasa an- there'say Library window where witha a cientiroots mE European viewi intot the creature's agisuluml burrow CITY OF SEBRING NOTICE OF PUBLIC HEARINGS is_far Punxsutawney from the only Phil groundhogr The Punxsutawn makes ney groundhogv whoseh human dictions. but he'sn YOU ARE HEREBY NOTIFIED that PUBLIC HEARINGS will be held and ordinances will announcements handlers make annual about ways predictable. groundhog The bec consideredi in the Council Chambers, City Hall, 368 South Commerce Avenue, Sebring, whether they've seen designated befores sunrise Florida, ast follows: their owns shadows and E and didn't come arep predictings six mure until latea afernoon 1. A before the City and weeks ofwinter oran - public hearing of Sebring Planning Zoning Board and Local earlys spring The 1993 Bill Mur Planning Agency on DadaiFabnag,1l.0s beginning at 5:30 pm. or as soon vides The date calendarb not only be- di- Day" ray movie" "Groundhog re- thereaftera asp possible. Considerationwille beg givenv whether torecommendt that CityCouncil tweent EE winters solstice surgence interes! sucha that adopt Ordinance Nos. 1536 and 1537. and the spring equi- two years afer it came it's also a time oul, event organizers 2. TheF First Reading (Public Hearing) will be held before the City Council on) Tuesday, syer the Celtic that calendar figures and in voiced rowdy crowds concern drinking about March4. 2025 beginning at 5:30 p.m, or as soon thereafter as possible to consider the Christian holiday of allr night. climb- Ordinance! Nos. 1536: and 1537. Candlemas. Andi ine easterna and cen- E trees to P their others under. tralP Pennsylvania, where wear In 1998. ag ground. 3. The Second Reading (Public Hearing) for this amendment willl be held by the City of German de- hogchb leader wearing of Sebring City Council on Tuesday, March 18.2025 beginning at 5:30 PM or as soon groundhog's havet beens watching annual reportedb a$4,000 groundhogs beinga assaulled suit thereaftera as of Ordinance 1537. E possible toconsidera adoption Nos. 1536a and1 fromh hiberna- bya half dozen young E centurles there's men. ORDINANCE 1536: clubs at traditiono and ofy celebrations groundhog GE at isr now prohib- Knob. that are independent of a spots some 80 miles ANORDMANCOFTAECIYOTR SEBRING, FLORIDA CHANGINGTHEFUTURELANDUSE Phil. Some dismiss (123) kilometers) north- CLASSIFICATION! FOR A PARCEL1 THAT TOTALS APPROXIMATELY 1.38 ACRESLOCATED Punxsutawney event the astofPitsburgh. Does Phil have any AT 1809 HOME AVENUE (PARCEL S-19-34-29- A00- 0060- 0000) FROM PUBLIC (PB)1 TO as an unworthy rival competition? COMMERCIAL (COM); PROVIDING FOR SEVERABILITY: PROVIDING FOR CONFLICT; totheir which they own say festivities, forecast in early festivities were ANDI PROVIDINGI FOR AN EFFECTIVE DATE. more accurate weather followedi ini 1907b by folks Thereh have farm- AND E weather-p E area Lancaster in at least? E in Pennsylva- EFC statesa and Canadian nia'ss southeastern cor ORDINANCE1537: provinces. and for. ner.1 The 240 malc celebrationsf r and wide. Lodge AN ORDINANCE OF THE CITY OF SEBRING, FLORIDA CH A Ar NGING THE ZONING thingi it's not: seri- the winter E BC CLASSIFICATION OF FOR A PARCEL THAT TOTALS APPROXIMATELY 1.38 ACRES Octoraro LOCATEDAT1 18091 HOME AVENUE PARCELS-19-34-29- -A00-0060- 0000) FROMS SINGLE weknow Wek knowt thisi is iss orl leasty vial his FAMILY RESIDENTIAL DISTRICT (R-1)1 TO COMMERCIAL DISTRICT (C-1); PROVIDING said Marcy ex- Whistle pigs on the E FORS SEVERABILITY, PROVIDINGI FOR CONFLICT; ANDI PROVIDINGI FOR ANI EFFECTIVE Punxsutawney ecutive director Ground- of the menu? The a DATE. hog Club. "Wew wantp peu- member ces thes a ple to come here with a family and related to Location Map sens Herearesomeu sec ofhumor." thingsto chipmunksa dogs. lt's alsok andp knowna prairie as know aboutu theh holiday: woodchuck. a whistle Whata aret theorigins or the ofGroundhog Day? a A s 3 Celtic people across language Europemarked thefour E o roots,a" grundsau ve days between that the vorest thata are herbi- a : E springe equinox, edible humans. al- and thoughu falle equinox. ly consumed. lifes. Celts called! Imbokcis is int the pani wildi istypical- E & aroundy when Chris- threeyears. C E celebrate Candle F cooks advise CAy mas. timed to Joseph groundhogs are best 9 Mary's presentation taken they are 2 theT Templei in young E after clover a Jerusalem. isin! bloom, sincea a clo- - Ancient people would verd dietist thought toi im- watch the stars then meat'staste. - and animal E to F often does Phil farmingp practices get itr right? and Some well- meaning practice watching efforts have sought to emerg E animal'se rgence determineP Philsaccura- - E winterh hibernation tof forecasty weather has C - : roots in as similar Ger. batable. CA that a / involving groundhog - E or Penn- not seen $. - sylvania Germans : and that it's able to I o parentlys substitutedu the communicate a - t0 - , S endemic human are: so Br 3 3 E easterna andn midwest- territory for skeptics and a % & emU Histuriansh e found thehumori accounts. impaired. Phil a / 9 reference in an 1841 E more winter far & 9 diary to groundhog more oftenu than hey pre- b - e forecasts in dictsanearlys spring a yet ran E E February of Germand among de lys Groundhogs solitary creatureswho arer most- in Morgantown. start to in mid- according winter to a mate. THECITYOFS E UPONT E EBMRGDOENOTOKCHMPANT THE BASISOF ANINDIVIDUAL'S thel lateD Don Yoder, a The science behind DISABILITY STATUS. THIS NON-DISCRIMINATORY POLICY INVOLVES EVERY ASPECT EE professor ofPennsylva- whose 2003 any whether make OF THE ONE'S CITY'S FUNCTIONS, INCLUDING ACCESS TO, PARTICIPATION IN, Bp about Groundhog predictionsi s problemat- EMPLOYMENT OF, OR TREATMENT IN, ITS PROGRAMS AND/OR ACTIVITIES. IN Day exploredi the Celtic icatb best. ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT, PERSONS WITH connection. Yoder concluded the the! Among National the Centers skeptiesi for is DISABILITIES NEEDING A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS festivalh hasn roots in "an PROCEEDING SHOULD CONTACT KATHY HALEY, CITY CLERK, AT 368 SOUTH cient. undoubtedly pre- E tion, withinthe COMMERCE AVENUE, SEBRING, FLORIDA 33870, TELEPHONE (863) 471-5100, NOT historic, Why is weather it celebrated lore." Oceanics icA Administration. and Atmospher. The LATER1 THAN TWENTY-FOUR (24) HOURSI PRIOR TO THE PROCEEDING.IFH HEARINGO OR in Punxsutawney? governmenta agency com- AFFIDAVIT OF PUBLICATION HIGHLANDS NEWS-SUN Published Daily SEBRING, HIGHLANDS COUNTY, FLORIDA Case No. CITY OF SEBRING NOTICE OF PUBLIC HEARINGS STATE OF FLORIDA, COUNTY OF HIGHLANDS Before the undersigned authority, Janet Emerson, personally appeared who on oath says that she is the Classified Advertising Legal Clerk ofHighlands News-Sun, a newspaper published at Sebring in Highlands County, Florida; that the attached copy or reprint of the advertisement, to the right, being a Public Notice, was published in said newspaper by print in the issues of or by publication on the newspaper's website, ifa authorized, on: FEBRUARY: 2, 2025 Affiant further says that the Highlands News-Sun newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. SIGNED: NOA A 1 Janct Emerson Sworn to and subscribed before me this 3rd day of February, 2025 by Janet Emerson, who is personally known to me. - Haeu dwhk Nancy Y. Whirley, Customer Service Supervisor, Notary Number: HH 293555 Notary expires: July 26, 2026 NANCYY Y. WHIRLEY Notary! Publlc State of Floride Comm# HH293555 Expires 7/26/2026 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: March 18, 2025 PRESENTER: Blackmon/Sykes AGENDA ITEM#: 10 D - Proposed lease of the Sebring Municipal Golf Course BACKGROUND: The Blackmon (s) and Mr. Sykes will be at your meeting to present the attached proposed lease of the Sebring Municipal GolfCourse. As Council is aware, the Blackmon's are the owners of the Historic Harder Hall Hotel. The purpose of the lease is to establish the golf course as an amenity to the hotel. REQUESTED MOTION: Whatever Council deems appropriate. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Carlisle Havery Mendel Stewart Bishop TABLED TO: OTHER GROUND LEASE This GROUND LEASE (this "Lease") is entered into as ofthe Effective Date (as defined below) by and between CITY OF SEBRING, a municipal corporation organized and existing under the laws of the State of Florida ("Landlord"), and a Florida limited liability company to be formed by the principals ofthe owners oft the Historic Harder Hotel prior to execution hereof ("Tenant"), the foregoing sometimes being singularly referred to herein as a "Party" and collective as the "Parties". WITNESSETH: A. Landlord is the owner of that certain municipal golf course (the "Golf Course") located in the City of Sebring, Highlands County, Florida, the same being more particularly described on Exhibit A and depicted on Exhibit B hereof (the "Premises"). B. Landlord has agreed to lease the Premises to Tenant and Tenant desires to Lease the Premises from Landlord, subject to and upon the terms and conditions hereinafter set forth. C. Landlord and Tenant desire to enter into this Lease to set forth the rights and obligations of the Parties with respect to the lease and rental ofthe Premises. NOW, THEREFORE, in consideration of the above premises, the mutual covenants and agreements ofl Landlord and Tenant set forth hereinbelow and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. Integration of Recitals. The foregoing recitals are accurate, true and correct and constitute matters agreed to herein. 2. Purpose of Lease. This Lease is expressly conditioned upon one or more of Tenant's principals being, during the Term (as defined hereinbelow) hereof, a principal and/or owner of a controlling interest in one or more of the entities that then own and operate the Historic Harder Hall Hotel, the same being located at 3141 Golfview Road, Sebring, Florida 33870 (the "Hotel"). Tenant intends and shall, during the Term of hereof, operate the Premises as an amenity and appurtenance to the Hotel. From and after the Turnover Date (as defined hereinbelow), Tenant shall assume full responsibility for the operation of the Premises and all elements thereof, including, but not limited to the Golf Course, the associated pro shop, cart storage buildings, clubhouse and the restaurant, which is presently leased to a third party and operated as the Caddyshack Bar & Grill (the "Restaurant"). Landlord agrees that, at all times pertinent hereto, it shall not modify and/or amend the lease for the Restaurant (the "Restaurant Lease"), nor extend the term of the same for more than one year beyond the current expiration date of September 30, 2025, without first obtaining the prior consent and approval of Tenant, which shall not be unreasonably withheld or conditioned or delayed. 3. Grant of Lease. Subject to and upon the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, for the Term, the Premises, together with all improvements, personal property, appurtenances, easements and privileges belonging or appertaining thereto. 4. Term; Renewal. While this Lease shall become a binding obligation of Landlord and Tenant as of the Effective Date, the term hereof (the "Term") shall commence (unless Tenant otherwise terminates this Lease as provided hereinbelow) on the Turnover Date (as defined hereinbelow) and shall end at 11:59 P.M. Eastern on December 31, 2075. Provided that Tenant is not then in default of its Page 1 of 11 obligations under this Lease, Tenant shall have the right, exercisable by providing written notice to Landlord no later than July 31, 2075, to extend the term of this Lease for an additional 49 years, or until December 31,2124. Upon the expiration ofthis Lease (whether at the end ofthe Term or renewal thereof), or ifthis Lease otherwise is terminated at any time during the Term hereof pursuant to the express rights afforded Landlord or Tenant and set forth hereinbelow, Tenant shall vacate the Premises and surrender the same to Landlord, together with all improvements thereon or thereto and any personal property used or useful in the operation ofthe Premises, as of such date. 5. Rent. Tenant shall to Landlord annual rent ("Rent") in the amount of$1.00 per year, which shall be due and payable, without demand, deduction, credit or setoff, in a single installment, commencing as of the Turnover Date and continuing thereafter on each anniversary thereof, during the Term of this Lease. Tenant reserves the right to prepay all or any portion of the Rent, at any time during the Term of this Lease. 6. Due Diligence Period; Inspections. Tenant shall have a period of 180 days following the Effective Date oft this Lease (the "Due Diligence Period") to review, any and all information obtained from Landlord pursuant to public records requests and to conduct, at its sole cost and expense, physical inspections (herein, "Inspections' ") ofthe Premises to confirm suitability ofthe same for" Tenant's intended use thereof, such Inspections including, without limitation, boundary and topographic surveys, soils percolation tests and borings, a Phase I Environmental Assessment (and, if the suspected presence of recognized environmental conditions (RECs) are identified therein, a Phase II Environmental Assessment), Inspections of all physiçal improvements and machinery and equipment related to the Golf Course, confirmation of the availability of adequate utility services to the Premises, confirmation oft the suitability of existing stormwater drainage and retention facilities, together with all other inspections deemed necessary and prudent by Tenant. IfTenant determines for any reason whatsoever, during the Due Diligence Period, that the Premises is not suitable to Tenant's intended use, then Tenant may, by written notice to Landlord, terminate this Lease whereupon neither Party shall have any further liability and/or obligation to the other. Should Tenant deem, as a result of its Inspections, the Premises to be suitable fori its intended use, Tenant shall deliver to Landlord written notice thereof (herein, a "Suitability Notice"), whereupon the Parties shall proceed under the Lease with the transition of operational control and turnover of the Premises and Golf Course. IfTenant fails to deliver a Suitability Notice to Landlord prior to the expiration of the Due Diligence Period, either party may terminate this Lease. 7. Transition of Control and Turnover. Provided that Tenant has not terminated this Lease during the Due Diligence Period and has delivered its Suitability Notice to Landlord, the Parties shall proceed with transitioning control of the Golf Course to Tenant, with Tenant taking possession of the Premises on October 1, 2025 (the "Turnover Date"). On the Turnover Date, Landlord shall: (a). assign to Tenant, all permits relating to the Premises and the operation thereof (to the extent assignable and/or required by Tenant), the Restaurant Lease and any other leases or occupancy agreements related to the Premises, together with all leased equipment (including, but not limited to golf carts') and personal property described on Exhibit C hereof, and all existing service contracts related to the Premises, all maintenance records for the Premises and all customer and member records with respect to the Golf Course; and (b) convey to Tenant, by Bill of Sale, all Equipment and Personal Property described on Exhibit D hereof. Tenant shall, at the Turnover Date, assume all payment, lease, and debt obligations owed to third parties on all items transferred to Tenant hereunder (to the extent the same accrue or are incurred from and after the Turnover Date), and shall indemnify Landlord for such expenses and shall promptly reimburse Landlord for any payments Landlord makes after the Turnover Date. For avoidance of doubt purposes, Landlord shall be responsible for all payment, lease and debt obligations owed to third I In the event that the golf cart lease(s) are not assignable, Landlord and Tenant shall endeavor to negotiate a new golf cart lease/financing arrangement with the golf cart lessor/provider. Page 2 of 11 parties on all items transferred to Tenant hereunder, which are incurred or accrue prior to the Turnover Date. In addition, Landlord shall, as ofthe day immediately preceding the Turnover Date pay all accrued wages and benefits due and owing to Landlord's employed Personnel. Tenant shall use its best efforts to hire and retain, as of the Turnover Date, the Personnel, subject to the needs of the business. Tenant shall further provide Landlord, no later than 10 days prior to the Turnover Date, certificates of insurance evidencing the existence of such policy or policies of insurance required to be kept and maintained by Tenant hereunder, as set forth and described in Section 18 below. 8. Maintenance and Repairs. From and after the Turnover Date, Tenant shall, at its sole cost and expense, keep and maintain, in good condition and repair (subject to delays caused by Force Majeure), all portions ofthe Premises, including landscaping and the irrigation well serving the Premises, in at least as good of condition as the Premises is at the time of the execution of this Agreement. Landlord shall have the right, from time to time and at any time hereunder, of access to the Premises, during normal business hours and following reasonable prior notice, to inspect the Premises and confirm that the same is being maintained in a manner consistent herewith. Any such entry by Landlord shall not be deemed or construed as dispossessing Tenant and/or affecting Tenant's s right to peaceable enjoyment ofthe Premises. 9. Operational Covenants. Tenant shall, at all times during the Term oft this Lease, conduct its business (and cause others under its direct or indirect control to conduct their business) upon and about the Premises in a lawful manner. Tenant shall maintain the Premises, at its sole cost and expense. Tenant shall make no unlawful, improper or offensive use ofthe Premises, nor shall it use (or allow others to use) the Premises in any manner that would injure the Premises or any part thereof. Tenant shall maintain all components of the drainage system serving and benefitting the Premises, including all structures, etc. (except for the existing treatment plant, which shall be maintained by Landlord) To the extent that the stormwater pond located upon the Excluded Property (as defined in Exhibit A hereof) currently benefits and/or serves the Premises, Landlord shall keep and maintain the same in good, operational condition and repair, including any expansion or enlargement ofthe same made with Landlord's approval (such approval not being unreasonably withheld). The Parties acknowledge that the description of the Land includes a portion of the parcel of vacant land located adjacent to the existing fire station, the same being described on Exhibit A hereof as the "Drainage Parcel". While the Drainage Parcel is not currently incorporated into and/or a part of the existing drainage facilities for the Premises, it is agreed that the Golf Course will benefit from utilizing all or a portion of the Drainage Parcel for additional stormwater drainage facilities, which shall be constructed, installed and maintained by Tenant, at Tenant's sole cost and expense. 10. Current Members oft the Golf Course. Tenant agrees to honor the pricing and benefits for current members of the golf course as well as for Sebring Golf Association members, as described in that certain agreement (the "Members Agreement") between the City of Sebring and the Sebring Golf Association, Inc. dated November 16, 2004. Landlord shall provide Tenant with a certified true and correct copy of Members Agreement shall within 10 days after execution of this Lease and shall provide an updated member list prior to the Turnover Date. 11. Taxes. From and after the Turnover Date Tenant shall pay, prior to delinquency, all ad valorem taxes levied, imposed or assessed by the applicable governmental taxing authorities with respect to the Premises, all personal property taxes levied, imposed or assessed with respect to any personal property owned by Tenant, and located upon or about the Premises and all sales taxes arising from the operation ofthe GolfCourse, Restaurant, Pro Shop and sales tax arising from lease rent paid to Tenant by third parties. 12. Utility Service Accounts. Tenant shall be responsible for obtaining and establishing, in its own name, utility service accounts for electricity, water & sewer, fire protection, security, refuse & rubbish removal, and the like with respect to the Golf Course and the Premises, and shall pay all costs and Page 3 of 11 expense associated therewith, including any deposits, connection or meter fees, utility service charges and taxes levied thereon and shall indemnify Landlord and hold it harmless against any liability or charges on account thereof. The Parties acknowledge that certain other municipally owned facilities, including, without limitation, the adjacent sports complex/facilities, may presently share utilities with the Premises and the Golf Course. Landlord agrees that it shall, prior to the Turnover Date, cause such facilities to either be: (a) separately metered from the utilities serving and benefitting the Premises and the Golf Course; or( (b) connected toalternative, independent utility supply lines, such that there are no shared utility connections. The Parties further acknowledge that the adjacent sports complex/facilities may discharge stormwater to existing drainage facilities serving and located upon the Premises, which drainage facilities will be maintained and operated by Tenant 13. Interruption. No interruption or malfunction of any utility services (including, without limitation, interruption of such utilities as a result of the enactment or promulgation, regardless of the ultimate validity or enforceability thereof, of any federal, state or local law, statute, ordinance, decree, order, guideline or regulation now or hereafter enacted or promulgated by any governmental, quasi- governmental, regulatory or executive authority) shall constitute an eviction or disturbance ofTenant's use and possession of the Premises or a breach by Landlord of any of its obligations hereunder or render Landlord liable for any damages (including, without limitation, consequential or special damages) or entitle Tenant to be relieved from any ofits obligations hereunder (including the obligation to pay rent) or grant Tenant any right of off-set or recoupment. 14. Alterations. Tenant may make such alterations or improvements to the Premises and the Golf Course as Landlord approves in writing, such approval not being unreasonably withheld. The foregoing notwithstanding, during the Due Diligence Period and/or from time to time during the Term of this Lease, Tenant may, but shall not be required to, provide Landlord with a proposed general improvement plan (the "General Improvement Plan") setting forth certain improvements that Tenant intends to make to the Premises. To the extent that Tenant provides Landlord with a General Improvement Plan and Landlord does not have any objections thereto, such improvements shall not require the later approval ofLandlord, as and when Tenant undertakes the same. If, however, Landlord, in good faith, has any objections to Tenant's proffered General Improvement Plan, Landlord shall promptly (and in any event within 30 days after receipt) provide Tenant with written notice thereof, together with suggested corrective measures, which, ifincorporated by Tenant would address any objections of Landlord. Tenant agrees that, during the initial 5-years of the Term of this Lease, Tenant shall perform and make capital improvements to the Premises (i.e., including the Golf Course and related improvements such as the pro shop, cart storage buildings, clubhouse and Restaurant) in an amount not less than $250,000.00 (the "Threshold Investment"): and shall provide Landlord with written documentation thereof. Tenant agrees that the foregoing is a material inducement to Landlord entering into this Lease and Tenant agrees to provide Landlord with reasonable documentation confirming the nature and extent ofimprovements made and the costs and expense thereof. All alterations and improvements to the Premises which require a building permit or other governmentally issued authorization, shall be made, performed and constructed by a licensed, general contractor, and the same shall be made in a good and workmanlike manner and shall be in compliance with the terms and conditions of this Lease and all applicable building codes, laws, ordinances and regulations. All improvements or alterations, when made and completed, shall be deemed part ofthe Premises and not severable therefrom. 15. Restoration. Ifduring the Term there shall be damage to the Premises by fire, the elements, accident or other casualty, Tenant shall promptly proceed to restore the Premises to substantially the condition in which it was immediately prior to the occurrence ofsuch damage, provided that: (a) sufficient insurance proceeds are available for Tenant to restore the same (it being acknowledged that the casualty insurance to be maintained by Tenant hereunder shall name Landlord as the "loss payee"); and (b) such damage can reasonably be substantially repaired within 18 months following the commencement of such Page 4 of 11 work. If, however, the nature of the casualty to the Premises is such that the damage or destruction cannot reasonably be substantially repaired within 18 months from the commencement of repairs (or if such casualty event occurs in the last 5 years of the Term hereof), then Tenant, at its sole discretion shall have the right to elect not to rebuild or restore the Premises, in which event Tenant shall be entitled to use insurance proceeds to raze the existing improvements, dispose of the same and return the Premises to a sightly condition, landscaped and well maintained in compliance with all applicable laws and regulations, with the balance of such insurance proceeds to be distributed as follows: (i) Landlord shall be entitled to an amount equal to the Turnover Date value ofthe Premises and Improvements (such amount to be agreed upon by and between Landlord and Tenant during the Due Diligence Period; and (ii) the balance, if any, shall be distributed to Tenant, for Tenant's own account. Upon satisfaction of the conditions set forth in the preceding sentence, this Lease shall be terminated and Tenant shall be relieved of all liability for the performance ofa any further obligations ofTenant under this Lease. Landlord expressly agrees that Tenant shall have the right to and is entitled to adjust or settle any insurance claims without Landlord's consent or approval. 16. No Liens. It is agreed that Landlord's interest in the Premises shall not be subject to any liens under Chapter 713, Florida Statutes. Notice is hereby given that Landlord shall not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding the Premises or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest ofLandlord in and to the Premises. Tenant shall not permit to be created nor to remain undischarged any lien, encumbrance or charge arising out of any work of any contractor, mechanic, laborer or materialman which might be or become a lien, encumbrance or charge upon the Premises or the income therefrom; and, Tenant shall not suffer any other matter or thing whereby the estate, right and interest of Landlord in the Premises might be impaired. Ifany lien or notice of lien on account of an alleged debt ofTenant or any notice of contract by a party engaged by Tenant or Tenant's contractor to work at the Premises shall be filed against the Premises, Tenant shall, within 10 days after notice of the filing thereof, cause the same to be discharged ofrecord by payment, deposit, bond, order of a court of competent jurisdiction or otherwise and the failure of Tenant to do sO shall immediately entitle Landlord to: (i) all its remedies in the event of a default hereunder, and (ii) in addition to any other right or remedy of Landlord, Landlord may discharge the same by paying the amount claimed to be due, and the amount sO paid by Landlord, together with interest thereon at the Default Rate, and all costs and expenses, including reasonable attorneys' fees incurred by Landlord in procuring the discharge of such lien, shall be due and payable by Tenant to Landlord as additional rent on the first day ofthe next following month. 17. Environmental Matters. For purposes hereof: (a) "Hazardous Substances" shall mean any hazardous or toxic chemical, waste, byproduct, pollutant, contaminant, compound, product or substance, including, without limitation, asbestos, polychlorinated biphenyls, petroleum (including crude oil or any fraction or by-product thereof), underground storage tanks, and any material the exposure to, or manufacture, possession, presence, use, generation, storage, transportation, treatment, release, disposal, abatement, cleanup, removal, remediation or handling of which is prohibited, controlled or regulated by any Environmental Law; and (b) "Environmental Law" shall mean any federal, state, regional, county or local governmental statute, law, regulation, ordinance, order or code or any consent decree, judgment, permit, license, code, covenant, deed restriction, common law, or other requirement presently in effect or hereafter created, issued or adopted, pertaining to protection of the environment, health or safety of persons, natural resources, conservation, wildlife, waste management, and pollution (including, without limitation, regulation of releases and disposals to air, land, water and ground water), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. 9601 et seq., Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 and Solid and Hazardous Waste Amendments of 1984, 42 U.S.C. 6901 et seq., Federal Water Pollution Control Act, as Page 5 of 11 amended by the Clean Water Act of 1977, 33 U.S.C. 1251 et seq., Clean Air Act of 1966, as amended, 42 U.S.C. 7401 et seq., Toxic Substances Control Act of 1976, 15 U.S.C. 2601 et seq., Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 651 et seq., Emergency Planning and Community Right- to-Know Act of 1986, 42 U.S.C. 11001 et seq., National Environmental Policy Act of 1975, 42 U.S.C. 300(f) et seq., and all amendments as well as any similar state or local statute or code and replacements of any of the same and rules, regulations, guidance documents and publications promulgated thereunder. Landlord discloses to Tenant that Landlord has stored and utilized certain Hazardous Substances (as defined hereinbelow) in connection with its operation and maintenance of the Golf Course. Landlord acknowledges and agrees that Tenant shall not be liable or responsible for any Hazardous Substances that are located upon or about the Premises prior to the Turnover Date and/or have migrated offsite from the Premises, prior to the Turnover Date nor for any violations of Environmental Law related thereto. From and after the Turnover Date, Tenant shall not manufacture, store, display, utilize, maintain or dispose of, except, in each instance aforesaid, in commercially reasonable quantities and in strict compliance with all applicable laws, any Hazardous Substances upon or about the Premises (excepting therefrom, commercially reasonably quantities of Hazardous Substances previously used by Landlord in connection with its operation of the Golf Course and/or commercially reasonable quantities of other Hazardous Substances as may typically be used by similar golfcourses within the State of Florida), without prior written notification to and consent of Landlord, which consent may be granted, withheld or conditioned, in the sole discretion of Landlord. If any materials which are stored, maintained or handled by Tenant (or Tenant's S employees or anyone acting on behalf of Tenant) require notification to Tenant's employees or members of the public concerning the potential chemical or hazardous characteristics of such materials, Tenant shall provide Landlord with a duplicate copy of all such notifications. Tenant acknowledges and agrees that Landlord shall not be liable for any Hazardous Substances located upon or about the Premises subsequent to the Turnover Date nor for any violations of Environmental Law related thereto. Tenant agrees to indemnify, defend and hold Landlord, its officials, employees, agents, attorneys and their respective heirs, personal representatives, successors and assigns, from and against any and all Claims arising out of or in connection with the presence of any Hazardous Materials and/or violations of Environmental Law occurring from and after the Turnover Date, including those Claims relating to damage to property and/or injury to person. 18. Insurance. Tenant shall, during the Term hereof, procure at its expense and keep in force the following insurance: (a) commercial general liability insurance naming Landlord as an additional insured against any and all claims for bodily injury, personal injury, and property damage occurring in, on, or about the Premises arising out of Tenant's use and occupancy thereof, and having a combined single limit of not less than $2,000,000.00 per claim made with an aggregate limit of $4,000,000, naming Landlord as an additional insured; (b) Commercial propertyinsurance insuring all improvements and all of Tenant's property located on or about the Premises in an amount equal to the full replacement value thereof naming Landlord as the "loss payee"; (c) worker's compensation insurance in an amount not less than the minimum statutory limits; and (d) business automobile liability insurance covering all owned, non-owned, and leased vehicles used by Tenant or any of Tenant's employees for Tenant's business purposes for limits not less than $2,000,000.00 combined single limit coverage. All policies of insurance shall be primary and noncontributing to any insurance available to Landlord, and Landlord's insurance shall be in excess thereto. Certificates of insurance shall be delivered to Landlord prior to the Turnover Date and annually thereafter within 30 days of the policy expiration date. The policies must remain non- cancellable without at least 30 days prior written notice to the Landlord. Landlord and Tenant hereby mutually waive their respective rights of recovery against each other for any loss of, or damage to, either party's property, to the extent that such loss or damage is insured by an insurance policy (or, in the event either party elects to self-insure, any property coverage) required to be Page 6 of 11 in effect at the time of such loss or damage. Each party shall obtain any special endorsements, ifrequired by its insurer, whereby the insurer waives its rights of subrogation against the other party. The provisions of this Section 18 shall not apply in those instances in which waiver of subrogation would cause either party's insurance coverage to be voided or otherwise made uncollectible. 19. Indemnification. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all liabilities, causes ofaction, claims, damages, losses, costs and/or expense of whatsoever kind and/or nature (including, but not limited to, attorneys' fees, expert witness fees, costs of defense and court costs) arising or resulting, directly or indirectly, from the use, negligent or otherwise, by Tenant and/or its managers, members, officers, directors, agents, contractors, subcontractors, affiliates, assigns (permitted or unpermitted), subtenants (approved or non-approved) and/or any other third parties, of the Premises. The foregoing indemnity obligations of Tenant shall survive the expiration or sooner termination of this Lease for a period of time commensurate with any applicable statute of limitations under which an action (for which Tenant is obligated to indemnify Landlord) may be maintained. 20. Condemnation. If a "material" portion of the Premises shall be taken by any public or quasi-public authority under the power of eminent domain, condemnation, or expropriation, or in the event of a conveyance in lieu thereof, then Tenant may terminate this Lease by written notice to Landlord, provided that such notice is given not later than thirty (30) days after Tenant is required to yield possession thereof. Tenant shall be entitled to all compensation awarded for such taking of the leasehold estate, or consideration paid for a conveyance in lieu ofcondemnation, as damages, or otherwise, and such amounts as may be awarded for improvements made by Tenant after the Turnover Date, trade fixtures, removal expenses, loss of business or opportunity, moving expenses and any other claim Tenant may have against the condemning authority. Landlord shall be entitled to all compensation awarded for the value of the real property and structures existing as of the Turnover Date (with any excess being paid over to Tenant), or consideration paid for a conveyance in lieu of condemnation, as damages, or otherwise, and such amounts as may be awarded for improvements, fixtures, removal expenses, loss of business or opportunity, moving expenses and any other claim Landlord may have against the condemning authority. For the purposes hereof, a taking shall be considered "materia!" if Tenant, in the exercise of commercially reasonable judgment, determines that it is no longer able or permitted to operate Tenant's business on the Premises in a commercially viable manner as a result of the property or assets SO taken or conveyed. 21. Assignment. Tenant's interest under this Lease may be only assigned to an entity that has a minimum of a 20% ownershipinterest in and to the Historic Harder Hall Hotel (a "Qualified Assignment") and any Qualified Assignment of the Premises by Tenant shall relieve Tenant of its obligations and liability hereunder. All other purported assignments shall require the prior written consent and approval of Landlord. 22. Sublease. Tenant may sublease all or any portion of the Premises (specifically, but not limited to, the Restaurant), only after first obtaining the prior consent and written approval of Landlord, which shall not be unreasonably withheld and notice ofwhich shall be given to Tenant within 30 days after receipt of a written request from Tenant to approve a proposed sublease, together with a summary ofthe salient terms of the Lease and referencing Section 22 of this Lease and the Landlord's approval requirements. During the term ofthe lease, Tenant shall be entitled to retain, fori its own account, all rents received pursuant to any sublease and shall not be required to turnover or share the same with Landlord. The Parties acknowledge that Tenant may elect to hire and retain a management company for all or any portion of the Golf Course and that the foregoing shall not constitute a sublease or assignment of rights hereunder. 23. Right tol Encumber. Tenant shall have the absolute right at any time and from time to time, without obtaining Landlord's consent, to encumber, hypothecate, mortgage, or pledge (including by Page 7 of 11 mortgage, deed of trust, or personal property security instrument) all or any portion of its leasehold interest in the Premises and/or in any improvements made by Tenant upon the Premises to any Lender as security for the repayment of any indebtedness and/or the performance of any obligation (a "Lender's Lien"). As used herein, the term "Lender" means any financial institution or other person or entity that from time to time provides secured financing for some or all of Tenant's interest under this Lease, Tenant's property, or Tenant's business operations, collectively with any security or collateral agent, indenture trustee, loan trustee, or participating or syndicated lender involved in whole or in part in such financing, and their respective representatives, successors, and assigns. 24. Lease Subordinate to Fee Interest. Any encumbrance or lien against any of Tenant's property, any improvements located upon or about the Premises, or Tenant's leasehold interest (a "Leasehold Mortgage" ") shall be subject and subordinate to the rights of Landlord in and to the Premises, and no such Leasehold Mortgage shall extend to or affect the fee, the reversionary interest, or the estate of Landlord in and to the Premises. 25. Estoppel Certificates. Both Landlord and Tenant agree, upon request of the other party, at any time and from time to time upon 30-days written notice, to execute and deliver to the requesting party, without charge, a written declaration, in recordable form: (i) confirming the commencement and expiration dates ofthe Term; (ii) certifying that Tenant is in occupancy of the Premises, and that this Lease is in full force and effect and has not been assigned, modified, supplemented, or amended, except by such writings as shall be stated; (iii) that there are no defenses or offsets against the enforcement of this Lease, or stating those claimed; (iv) reciting the amount of advance Rent, if any, paid by Tenant and the date to which Rent has been paid. 26. Surrender. At the expiration or termination of this Lease, Tenant shall immediately surrender possession of the Premises. Any holding over by Tenant shall not operate, except by written agreement, to extend or renew this Lease or to imply or create a new lease. 27. Default and Remedies. The following shall be deemed a default on the part of Tenant underthis Lease: (a)ifanyi installment of Rent or other sums owed by Tenant to Landlord hereunder remains unpaid for 10 calendar days after the date on which the same is due and payable hereunder; (b) ifTenant fails to continuously operate the Premises as a Golf Course, park or place of recreation or amusement, restaurant, spa and any uses related to or supporting the Hotel, for a period of 6 months or more (save and except for any temporary closures for renovation or restoration and/or repair of casualty or damage); or (c) ifTenant breaches any oft the other material covenants oft this Lease and if such other breach continues for 180 calendar days after receipt of notice from Landlord (or such longer period of time as Landlord may agree if the specified default cannot be reasonably cured within the aforesaid 180-day period), Landlord shall then but not until then, as its legal remedy, and in addition to any and all other remedies available to it, at law or in equity, have the right to: (a) sue for Rent and/or any other sums due Landlord under this Lease, all of which shall accrue interest, from the date on which payment is required hereunder, at a rate equal to the lesser of eighteen percent (18%) or the maximum non-usurious rate permitted by law; or (b) sue for specific performance of Tenant's obligations hereunder. No delay on the part of either party in enforcing any of the provisions of this Lease shall be considered as a waiver thereof. Any consent or approval granted by either party under this Lease must be in writing and shall not be deemed to waive or render unnecessary the obtaining of consent or approval with respect to any subsequent act or omission for which consent is required or sought. 28. Bankruptcy. Anything in this Lease to the contrary notwithstanding, if Tenant becomes subject to voluntary or involuntary proceedings under the United States Bankruptcy Code (the "Bankruptcy Code") and Tenant or any trustee, receiver, or other custodian of Tenant or of its assets or properties shall assign this Lease, then any and all amounts paid or to be paid by or for the account of the assignee in Page 8 of 11 consideration ofsuch assignment shall be and remain the property ofLandlord, and any and all such amounts received by Tenant or such trustee, receiver, or custodian shall be held in trust for Landlord and remitted to Landlord promptly after receipt thereof. IfLandlord is not permitted to terminate this Lease because of the provisions of the Bankruptcy Code, then Tenant, as a debtor in possession, or any trustee for Tenant, agrees to assume or reject this Lease within sixty (60) days after Landlord's request to a court of competent jurisdiction under the Bankruptcy Code. Tenant, on behalf of itself and any trustee, agrees not to seek or request an extension or adjournment of the application to assume or reject this Lease. In no event after the assumption of this Lease shall an existing default remain uncured for a period of time exceeding any applicable notice and cure periods specified in this Lease. If a filing of a petition under the Bankruptcy Code occurs, then Landlord shall not have an obligation to provide Tenant with services or utilities unless Tenant has paid and is current in all payments of Rent. 29. Relationship of Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or ofjoint venture between the parties hereto, it being understood and agreed that neither the method of computation of Rent, nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of landlord and tenant. This Lease shall not confer rights or benefits, including third-party beneficiary rights or benefits to anyone that is not a named party to this Lease, including any individual, corporation, partnership, trust, unincorporated organization, governmental organization or agency, or political subdivision. 30. Force Majeure. Ifeither party hereto shall be delayed or hindered in or prevented from performing any act required hereunder by reason of acts of God, natural disasters, inclement weather, strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, pandemics, epidemics, riots, insurrection, war, or any other reason of a like nature that is not the fault oft the party delayed in performing work or doing acts required under the terms ofthis Lease, then performance of such act shall be excused for the period ofthe delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 31. Recording of Lease. This Lease shall not be recorded, but a memorandum referencing the existence ofthis Lease, describing the Premises herein demised, stating the Term hereof, and incorporating the provisions of Section 16 above shall be recorded by Tenant within 30 days after the expiration of the Due Diligence Period (provided that Tenant has delivered to Landlord a Notice of Suitability). Tenant shall be responsible for preparation and recording of such memorandum of lease, and the release thereof after the expiration or earlier termination of this Lease. 32. Brokers. Landlord and Tenant represent that they have dealt with no broker or agent with respect to this Lease. 33. Prevailing Party. Subject to F.S. 768.28, in the event of litigation between Landlord and Tenant in connection with this Lease, the reasonable attorneys' fees and court costs incurred by the party prevailing in such litigation shall be borne by the non-prevailing party. 34. Notices. Except as otherwise expressly provided elsewhere in this Lease, all notices hereunder shall be in writing and sent by United States certified or registered mail, postage prepaid, or by overnight delivery service providing proof of receipt, addressed if to Landlord, to 368 S. Commerce Avenue, Sebring, FL 33870, Attention: (with a copy to and if to Tenant, to 945 38th Avenue North, St. Petersburg, FL 33704, Attention: (with a copy to Meridian Partners Law P.A., 4923 W. Cypress Street, Tampa, FL33607, Attention: Bryan W. Sykes, Esq.), provided that each party by like notice may designate any future or different addresses to which subsequent notices Page 9 of 11 shall be sent. Notices shall be deemed given upon receipt or upon refusal to accept delivery. 35. Purchase Option. Commencing on the later of that date on which Tenant has made the Threshold Investment amount (as confirmed by Landlord) and the issuance of a Certificate of Occupancy for the entire Historic Harder Hall Hotel, Tenant shall have the right and option to purchase the Premises from Landlord for the sum ofs $1.00. Should Tenant exercise its purchase option, as aforesaid, Tenant may elect to have an entity that either Tenant or its principals have formed for purposes of taking title to the Premises, acquire the Premises, and keep this Lease in full force and effect, whereupon such acquiring entity shall be substituted as the "landlord" hereunder. All costs and expense associated with the closing for the sale and purchase of the Premises shall be borne by Tenant (and/or the acquiring entity). The foregoing purchase option and right inures to the benefit of any successors or assigns ofTenant. If Tenant elects to purchase the Premises, Landlord shall retain drainage rights across the surface of the Premises and Tenant shall maintain the drainage conveyances on the Premises. 36. Miscellaneous. (a) Landlord and Tenant represent and warrant to one another that the person signing below on their behalf has the full right and authority to enter into this Lease and to legally bind them to the terms and conditions hereof. (b) Captions of the several Articles contained in this Lease are for convenience only and do not constitute a part oft this Lease and do not limit, affect or construe the contents of such Articles. (c) If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. (d) All provisions ofthis Lease have been negotiated by both parties at arm's length and neither party shall be deemed the scrivener of this Lease. This Lease shall not be construed for or against either party by reason of the authorship or alleged authorship of any provision hereof. (e) This instrument shall also bind and benefit, as the case may require, the heirs, legal representatives, permitted assigns and successors of the respective parties, and all covenants, conditions and agreements herein contained shall be construed as covenants running with the Premises. This instrument shall not become binding upon the parties until it shall have been executed and delivered by both Landlord and Tenant. (f) Each party has been afforded a full and fair opportunity to seek advice from legal counsel in the negotiation of the terms, covenants, conditions and provisions ofthis Lease. (g) Time is of the essence in the performance of each and every covenant, term and condition hereof. (h) This Lease may be executed in multiple counterparts, each of which shall be deemed an original, and when taken together shall constitute one and the same instrument. A signature page may be detached from a counterpart and attached to another counterpart to form a fully executed instrument. (i) For purposes of facilitating execution of this Lease, facsimile or other electronic reproductions oft this Lease and the signatures ofthe parties thereon shall have the same force and effect as an original. Page 10 of 11 0) For purposes hereof, the "Effective Date" shall be that date on which the last of Landlord and Tenant signs below. 37. Radon Gas Notice. 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 public health unit. 38. Integration. This instrument shall merge all undertakings, representations, understandings, and agreements whether oral or written, between the parties hereto with respect to the Premises and the provisions of this Lease and shall constitute the entire Lease unless otherwise hereafter modified by both parties in writing. SIGNATURE PAGE IMMEDIATELY FOLLOWS THIS PAGE (remainder of page intentionally left blank) Page 11 of 11 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease, under seal, as oft the day and year first above written. Witnesses: LANDLORD: CITY OF SEBRING, a municipal corporation organized and existing Print Name: under the laws of the State of Florida By: Name: Print Name: Title: APPROVED AS TO FORM: Date: Print Name: ATTEST City Clerk/Deputy City Clerk Witnesses: TENANT: LLC, al Florida limited liability company Print Name: By: Name: Title: Print Name: Date: Signature Page Exhibit A Description Highlands County Parcel Numbers S-36-34-28-A00-0010-0000, Parcel S-01-35-28-A00-0050-0000, Parcel 3634250.0272000A Parcel 363+250100A4007A Parcel -36.34-28-030-2120. 0140, together with a portion of 5253425-02000AD0O. as shown on Exhibit B hereof (said portion being referred to herein as the "Drainage Parcel"). Less and except the. Alum treatment facilities and pond and portions of real property as will be designated by Landlord during the Due Diligence Period (the "Excluded Property"). Subject to the imposition of access and utility easements at City's discretion where utility lines and components of the drainage system are located on the Premises, provided that the same do not interfere with or adversely affect the operation of the Premises. Exhibit A Exhibit B Depiction of the Property 3 1 4 Op % - Drainage Parcel %p > * (N P" 9 d % - - AP e . % a d 3 a fn 6 > % - Parcel a V 9 y Drainage 9 * a GOUVIEV RO YMCALH Premises # 5 AU PINE TREE OR - ORIVE BLVD GOUFVIEW