AGENDA ORDER AND PROCEDURE OF COUNCIL MEETING TUESDAY, MAY 6, 2025 5:30 P.M. 1. CALL TO ORDER 2. INVOCATION: 3. PLEDGE OF ALLEGIANCE: 4. ROLL CALL: 5. ANNOUNCE BUSINESS FROM AUDIENCE PROCEDURE: 6. MAYOR'S REPORT: A. Proclamation: National Police Week and Peace Officers Memorial Day 7. COUNCILMEMBERS CONCERNS, COMMENTS, LIAISON REPORTS: 8. CONSENT AGENDA: A. Approval of minutes: Haley B. Announcement of upcoming meetings: Haley C. Waiver of Civic Center Fees/NU-HOPE Annual Thanksgiving Dinner: Debbie Slade D. Approve one fire hydrant/6850 W. George Blvd: Boggus E. Request to surplus obsolete firearms: Hoglund F. RFP# 25-001/Notice of sale of property/418 Poinsettia Ave: Cook G. Master Research Agreement: Lee H. Memorial Day at Military Sea Service Museum: John Cecil I. Utility Services Agreement requests for service: Noethlich/Boggus 9. OLD BUSINESS: 10. NEW BUSINESS: A. Appointment to Sebring Airport Authority: Stewart B. Proposal to renew Lease/Highlands Lakeside Theatre/Museum of the Arts building: Vanessa Logsdon 11. BUSINESS FROM AUDIENCE: 12. CITY ATTORNEY'S BUSINESS: A. Resolution# 2025-07/Public Participation Policy for City Workshops 13. CITY ADMINISTRATOR BUSINESS: A. 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 oft 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 policyinvolves 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: May 6, 2025 PRESENTER: Mayor/Hoglund AGENDA ITEM#: 6 A - Proclamation: National Police Week and Peace Officers Memorial Day BACKGROUND: Please find attached a Proclamation observing the week ofMay 11-17, 2025 as National Police Week and Thursday, May 15th as Peace Officers Memorial Day. REQUESTED MOTION: None requested. Mayoral Proclamations do not require Council action. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER PROCLAMATION Whereas, The Congress and President of the United States have designated May 15th as Peace Officers Memorial Day, and the week in which May 15th falls as National Police Week; and Whereas, the members of the City of Sebring Police Department play an essential role in safeguarding the rights and freedoms of Sebring, Florida; and Whereas, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of the Sebring Police Department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and Whereas, the men and women of the City of Sebring Police Department unceasingly provide a vital public service; NOW, THEREFORE, I, John Shoop, Mayor of the City of Sebring, Florida, call upon all citizens of Sebring and upon all patriotic, civic, and educational organizations to observe the week of May 11-17, 2025, as NATIONAL POLICE WEEK with appropriate ceremonies and observances in which all people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in SO doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. I further call upon all citizens of Sebring, Florida to observe Thursday, May 15, 2025, as Peace Officers Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. In witness thereof, I have hereunto set my hand and caused the great seal of the City of Sebring, Florida this 6th day of May in the year of Our Lord two thousand twenty-five. John Shoop, Mayor Seal oft the City of Sebring Kathy Haley, CMC, City Clerk CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Bishop AGENDA ITEM#: 8 - Consent Agenda BACKGROUND: Item 8 A through 8 I 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 Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTOR: Haley AGENDA ITEM#: 8A - Approval ofMinutes BACKGROUND: The minutes from your regular meeting on April 15, 2025 and the CIP workshop were emailed to you on April 25, 2025. REQUESTED MOTION: Approve minutes as presented. COUNCIL ACTION: APPROVED DENIED Moved by: ; Seconded by: DEFERRED Carlisle Havery. Kogelschatz Stewart Bishop. OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Haley AGENDA ITEM#: 8B - Announcement ofUpcoming Meetings BACKGROUND: The following meetings and/or workshops are scheduled between May 7th and May 20, 2025. Date Time Meeting Participant(s) 05/08/25 5:00 p.m. Historic Preservation Commission Liaison Stewart 05/12/25 5:30 p.m. Community Redevelopment Agency Liaison Kogelschatz 05/12/25 5:30 p.m. City Council Workshop/Golf Course Jack Stroup Civic Center 05/13/25 5:30 p.m. Planning and Zoning Board Liaison Kogelschatz 05/15/25 9:00 a.m. Insurance Committee Meeting Liaison Stewart 05/15/25 1:00 p.m. Sebring Airport Authority Liaison Carlisle 05/06/25 5:30 p.m. City Council Meeting Mayor/City Council/City Clerk COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Debbie Slade AGENDA ITEM#: 8 C-Waiver of Civic Center Fees/NU-HOPE Elderly Care Services BACKGROUND: Attached please find correspondence and Civic Center Rental Agreement from Debbie Slade, Executive Director ofNU-HOPE Elder Care Services. NU- HOPE is hosting their annual Thanksgiving dinner for seniors in our community. They would like to use the Jack Stroup Civic Center November 17-18, 2025 and are requesting waiver of Civic Center fees. REQUESTED MOTION: Approve request as presented. COUNCIL ACTION: APPROVED Moved by: : Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER NU-HOPE (863) 382-2134 NH (863) 382-4546 (FAX) 3530 Office Park Road Elder Care Services, Inc. Sebring, FL 33870 Supporting Seniors - Strengthening Communities April 21, 2025 City of Sebring 368 S. Commerce Avenue Sebring, Florida 33870 Dear City Council Members, Every year, NU-HOPE Elder Care Services hosts an annual Thanksgiving Dinner for seniors in our community. We are happy to announce our dinner scheduled for November 18th this year! am writing to request that the City of Sebring waive the fees associated with the use of the. Jack Stroup Civic Center for this event. NU-HOPE Elder Care Services is a nonprofit 501(c)(3) organization that has proudly served our community for "50" years. Our organization provides in-home services, nutritional support, socialization, and crisis assistance for seniors and caregivers residing in Highlands and Hardee County. The majority of those served are seniors who are low income, socially isolated and lack the resources needed to obtain assistance elsewhere. Every year, we assist approximately 800 seniors and caregivers to maintain their independence and well-being and avoid nursing home placement. The Annual Thanksgiving Dinner is our key holiday event. For many seniors who attend, it is the only opportunity they have to share the holidays with others. The event is made all the more special by the involvement of others. Leaders from throughout our community) join us at the dinner to honor our seniors, serve them a meal andj join in this day of celebration. Itis very meaningful event for all involved. We respectfully request that NU-HOPE be exempt for any fees related to the use of the facility for this purpose. We request that the fee waiver be applied to set up on November 17th, 2024, as well as the actual event that is held November 18th, 2024. We deeply appreciate thel longstanding partnership the City of Sebring has with our organization. Every year, NU-HOPE must raise $350,0001 to continue to provide our critical services to the seniors of Highlands County. Wei respectfully request the facility-related fees be waived for this year for our Thanksgiving Dinner for seniors. On behalf of the seniors and caregivers of our community, thank you again for you past support. I look forward to continuing to work together in years ahead. Sincerely, rals Alade Debbie Slade, Executive Director Serving Highlands and Hardee Counties. NU-HOPE Elder Care Services, Inc. is a non-profit corporation that administers state and federal grants for elder services in agreement with the Florida Department of Elder Affairs and the Senior Connection Center. United Way ELDERAFFAIRS SENIOR sal "A COPY OF THE OFFICIAL SOLICITATION REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINEDI FROM THE DIVISION OF CONSUMER SERVICES BYC CALLING TOLL- FREE (800-435-7352) or aty www. fdacs. govl. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE." Registration CH1145 JACK: STROUP CIVIC CENTER Sebring City Hall 355 W CENTER AVE EBRING 368 S Commerce. Ave SEBRING FL: 33870 city on T CiRCE Sebring FL: 33870 863-471-5100 Ph/863-471-5142 Fax FACILITY RENTAL AGREEMENT Date of Application: Application Received by: 0415 Name of! Indiidual/reanization Responsible for Rental Agreement* Doybie & Dado S4pE Elon Zace Cassics Organization Name (if applicable) Streeta address, Gity. State,ig: 3530 ORIL Yosn %1. ciopning DE 3397b Contact Phone Number: Email: a 389-034 Socénohp. 3a 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: 11b5 3 weles Yes_ L No_ Ves_ No Type of Event: do0 4AnnoGp Aonlvice Dogen Chess WEEKDAY RENTAL RATE-B:bO AM 7Q5,00 PM (MONDAY THROUGH FRIDAY) Flat Rate: Total: City Resident $150.00 Non-City Resident $200.00 After 5:00PM there will be an additional Number of additional hours requested: $35 (inside city limits)/$50 (outside city limits) hour fee DMeE per Sales Tax** LE Deposit ($250.00 For Resident/$300.00 For Non-Resident) Prfe Total Due: WEEKEND RENTALI RATE 8:00 AM1 TO MIDNIGHT (SATURDAY - SUNDAY) Flat Rate: Total: City Resident $1,000.00 Non-City Resident $1,250.00 Ift the renter wishes to reserve the Civic Center the day prior and/or the day after the scheduled event for the purpose of decorating, etc, the rental rate would be GIRe $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 FL33870 cty o TE CiRGE Sebring FL33870 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 Iindwidua/organlzation 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 waived 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 ofthe. 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 oft the use ofthe 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. A4alas A Date Signature of Responsible Party" Dobbbe Scro 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 JACK STROUP CIVIC CENTER Sebring City Hall 355 W CENTER AVE EBRING 368 S Commerce Ave SEBRING FL 33870 ciy om TE CiRAE. Sebring FL33870 863-471-5100 Ph/863-471-5142 Fax ROOM SET UP FORM (This form must be submitted to City Hall 2 weeks prior to the event) Please use the diagram below to show the requested placement of the tables and chairs. 15ap Name WHORE of Orgeninztion/esponsibie Party: Eheo Dace shnsides Date of Event: 118k5 Type of Function: honisaing sonen Number of People Attending: 200 Tables: Long 38 (amount) Round: (amount) Chai240 (amount) Sas ERE Exit 41 / - Kitchen Restrdoms & Stage Spare Room - 7BLE Exit 78E 7R TASIE Zale HeLe a Sea 3. AAE Bepde Revised 7/23 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Boggus AGENDA ITEM#: 8 D - Approve one (1) fire hydrant installed at 6850 W George Blvd, Sebring BACKGROUND: Section 23-37 of the City Code of Ordinances governs the placement of fire hydrants, sprinkler systems, etc. outside the city limits. Specifically, the policy states that fire hydrants, sprinkler systems and devices used exclusively for fire protection outside of the City must be approved by the City Council. Attached is a letter from HCBOCC requesting one (1) fire hydrant placement to the above address for a new addition to the existing EOC building. They are aware of the additional cost with installation and monthly fees for this fire hydrant. Attachment A - Letter of request for the fire hydrant installation Attachment B = Declaration of Covenant REQUESTED MOTION: Approve Agenda Item as presented COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT A HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS ADMINISTRATION 600 S. Commerce Ave., Sebring, Florida 33870 - Office (863) 402-6833 Fax (863) 402-6835 www.highlandsil.goy REQUEST FOR FIRE HYDRANT / FIRE SUPPRESSION March 25, 2025 Mr. Scott Noethlich, City Administrator City of Sebring 368 S. Commerce Ave. Sebring, FL 33870 Dear Mr. Noethlich, Please accept this correspondence as the County's request to be placed on the next available Sebring City Council agenda for the purpose of requesting fire hydrant and fire suppression services at 6850 W. George Boulevard. The fire hydrant and fire suppression equipment will be either Mueller or Kennedy brand, as required by the City of Sebring. Enclosed herewith, please find the Declaration of Covenants required to secure the service. It is understood that there will be a monthly service maintenance fee for each hydrant on our monthly water billing. Should you have any questions or concerns, please feel free to contact me. Sinçerely, Imn Wg Laurie Hurner, County Administrator Highlands County Board of County Commissioners ATTACHMENT B Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: SKYVIEW SUBDIVISION Highlands County (herein called "Declarant") is/are the owner(s). in fec simple of certain real property (herein called the "Property"). located at 6850 W. George Blvd., Sebring, Florida in Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: water service a fire hydrants a fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation oft the Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. If annexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforccable by the City ofSebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreemenu shall remain valid sO long as the City of Sebring is willing to provide any ofthe services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable under its terms. tephhis day of Maach 2045 DECLARANT: wer Signature Cum Wit ArN ds Printed Name: PAAu tuma Bbi Signature: bmsn Witness Printed Name: STATE OF Bondh COUNTY OF MAthinds The fpregoing instrlp ent was, Agknowledged.efore ma by, means of D presence or online notarization, - physical this y day of 0 A( - MARAD by WhL fwM who is/are personally known tqngl o as identification. - ON 20203 Y H Return to: Mtt AlIA NOTARY City ofSebring Utilities Dept. Notary/Public 321 N Mango St PUBLIC Commission No.: Sebring. FL 33870 J notarial & (affix seal) HH DF a SCHEDULE "A" Legal Description OR Book 364 / Page 237, Page 241 OR Book 442 / Page 605, Page 607 The South 75.00 feet of Lot 30, and the North 25.00 feet of Lot 1, Skyview Subdivision, Section One, as per plat recorded in Plat Book 9, Page 20, Public Records of Highlands County, Highlands, Florida. AND A: strip of land 100.00 feet in width, the center line being described as follows: Commence at the NE corner of Section 16, Township 35 South, Range 29 East, and run N 89° 44'30" W along the North line of said Section 16, for a distance of 962.81 feet to a point on the Westerly line of SKYVIEW SUBDIVISION, Section One, as per plat recorded in Plat Book 9, Page 20, Public Records of Highlands County, Florida, thence S! 5° 00'30" E along the Westerly boundary of said subdivision for a distance of 2272.71 feet for Point of Beginning, thence run S 84° 59'30" W for a distance of657.21 feet for end of Description, All lying and being in Section 16, Township 35 South, Range 29 East, Highlands County, Florida. Commence at the Northwest corner of Section 16, Township 35 South, Range 29 East, and run North 89° 44' 30" West along the North line of said Section 16 for a distance of 962.81 feet to a point on the Westerly line of SKYVIEW SUBDIVISION, Section One, as per, plat reçorded in Plat Book 9, Page 20, Public Reçords of Highlands County, Florida, thence South 5°00' 30" East along the Westerly boundary of said subdivision for a distance of 682.72 feet for Point of Beginning, thence continue South 5° 00' 30" East along said line for a distance of 1539.99 feet, thence South 84° 59' 30" West for a distance of 657.21 feet, thence North 5 00' 30" West for a distance of 1539.99 feet, thence North 84° 59' 30" East for a distance of 657.21 feet to Point of Beginning, Containing 23.235 Acres. All lying and being in Section 16, Township 35 South, Range 29 East, Highlands County, Florida. CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Hoglund AGENDA ITEM#: 8 E = Request to surplus obsolete firearms BACKGROUND: The Sebring Police Department is requesting to declare the attached list of firearms as "surplus. 99 We currently have several shotguns in inventory that are not fit for service. Additionally, we have several "generations" of Glock duty weapons in inventory, and we are hoping to achieve uniformity of our issued weapons throughout the department. Issuing the same make/modelgeneration of firearm will allow for the consistent installation of replacement parts and accessories such as sights, flashlights, and optics. Toward achieving this goal, we have contacted two Federal Firearms License (FFL) Glock distributors seeking quotes on trading our surplus firearms in to upgrade to the currently produced generation. One FFL did not reply with a quote. A local authorized Glock distributor has agreed to take the department's surplus firearms on trade and upgrade our inventory to Generation 5 MOS Glock Model 22 firearms, which are the same model and caliber we currently issue. REQUESTED MOTION: Approve the request to declare the attached list of firearms as "surplus" and authorize the department to exchange them through the local Federal Firearms License (FFL) Glock distributor for upgrade to Generation 5 MOS Glock Model 22 firearms. COUNCIL ACTION: APPROVED Moved by: * Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER WEAPON BRAND MODEL STATUS SERIALI NUMBER Shotgun Mossberg 500A Not Fit for Service J642764 Shotgun Remington 870 Wingmaster Not Fit for Service S803665V Shotgun Remington 870 Express Not Fit for Service X301871M Shotgun Remington 870 Wingmaster Not Fit for Service S803580V Shotgun Mossberg 500AT Not Fit for Service 6876577 Shotgun Winchester Defender Not Fit for Service L2114541 Shotgun Remington 870 Police Mag Not Fit for Service A812251M Shotgun Mossberg 500A Not Fit for Service J640790 Shotgun Remington 870 Wingmaster Not Fit for Service S804239V Shotgun Remington 870 Police Mag Not Fit for Service A867735M Shotgun Remington 870 Police Mag Not Fit for Service A867749M Shotgun Winchester Defender Not Fit for Service L2113734 Shotgun Remington Express Not Fit for Service X304697M Shotgun Remington Express Not Fit for Service X304721M Shotgun Remington 870 Police Mag Not Fit for Service A867758M Shotgun Remington 870 Police Mag Not Fit for Service A867719M Shotgun Mossberg 500A Not Fit for Service J567712 Shotgun Mossberg 500A Broken J705695 Shotgun Mossberg 500A Broken J643005 Duty Firearm Glock 22 Out of Service APH722 Duty Firearm Glock 22 Broken APH725 Duty Firearm Glock 22 Out of Service APH726 Duty Firearm Glock 22 Out of Service APH729 Duty Firearm Glock 22 Out of Service AYM941 Duty Firearm Glock 22 Out of Service AYM942 Duty Firearm Glock 22 Out of Service AYM960 Duty Firearm Glock 22 Out of Service AYM963 Duty Firearm Glock 22 Out of Service AYM964 Duty Firearm Glock 22 Out of Service AYP925 Duty Firearm Glock 22 Out of Service AYP926 Duty Firearm Glock 22 Out of Service BDU400 Duty Firearm Glock 22 Out of Service BDU402 Duty Firearm Glock 22 Out of Service BDU403 Duty Firearm Glock 22 Out of Service BDU404 Duty Firearm Glock 22 Out of Service BDU405 Duty Firearm Glock 22 Out of Service BDU407 Duty Firearm Glock 22 Out of Service BZN725 Duty Firearm Glock 22 Out of Service BZN799 Duty Firearm Glock 22 Out of Service CNB324 Duty Firearm Glock 22 Out of Service CNB325 Duty Firearm Glock 22 Out of Service CNB326 Duty Firearm Glock 22 Out of Service CNB328 Duty Firearm Glock 22 Out of Service CNB329 Duty Firearm Glock 22 Out of Service DLL881 WEAPON BRAND MODEL STATUS SERIALNUMBER Duty Firearm Glock 22 Out of Service DLL882 Duty Firearm Glock 22 Out of Service BTSF697 Duty Firearm Glock 22 Out of Service BYDF604 Duty Firearm Glock 22 Out of Service DMP460 Duty Firearm Glock 22 Out of Service EBT390 Duty Firearm Glock 22 Out of Service 618373/APH727 Duty Firearm Glock 22 In Service BZN798 Duty Firearm Glock 22 In Service APH728 Duty Firearm Glock 22 In Service BDU406 Duty Firearm Glock 22 In Service DLL883 Duty Firearm Glock 22 In Service DMP459 Duty Firearm Glock 22 In Service AANK784 Duty Firearm Glock 22 In Service BHPC561 Duty Firearm Glock 22 In Service BGGY705 Duty Firearm Glock 22 In Service BRZB551 Duty Firearm Glock 22 In Service BHPC562 Duty Firearm Glock 22 In Service BPAD255 Duty Firearm Glock 22 In Service BDNG850 Duty Firearm Glock 22 In Service BFAZ878 Duty Firearm Glock 22 In Service BHPC002 Duty Firearm Glock 22 In Service BRZB547 Duty Firearm Glock 22 In Service BHPC565 Duty Firearm Glock 22 In Service BHPC563 Duty Firearm Glock 22 In Service BFAZ879 Duty Firearm Glock 22 In Service BGGY704 Duty Firearm Glock 22 In Service BRZB553 Duty Firearm Glock 22 In Service BHPC004 Duty Firearm Glock 22 In Service BFAZ877 Duty Firearm Glock 22 In Service BTSF695 Duty Firearm Glock 22 In Service BSLU695 Duty Firearm Glock 22 In Service BRZB552 Duty Firearm Glock 22 In Service BRZB550 Duty Firearm Glock 22 In Service BYDF603 Duty Firearm Glock 22 In Service BRZB554 Duty Firearm Glock 22 In Service BTSF696 Duty Firearm Glock 22 In Service BYDF605 Duty Firearm Glock 22 In Service BSRC006 Backup Weapon Glock 23 In Service VSS548 Backup Weapon Glock 23 Out of Service DYY208 Backup Weapon Glock 27 Out of Service BBTX876 Backup Weapon Glock 27 Out of Service BELP787 Backup Weapon Glock 27 Out of Service BXMU499 Backup Weapon Glock 27 Out of Service BXMU500 Backup Weapon Glock 27 Out of Service CAC917 WEAPON BRAND MODEL STATUS SERIALNUMBER Backup Weapon Glock 27 Out of Service DGD696 Backup Weapon Glock 27 Out of Service WYZ645 Backup Weapon Glock 27 Out of Service WYZ646 Backup Weapon Glock 27 Out of Service WYZ648 Backup Weapon Glock 27 Out of Service WYZ650 Backup Weapon Glock 27 Out of Service WYZ655 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Cook AGENDA ITEM#: 8 F - RFP# 25-001 - Notice of Sale of Property - 418 Poinsettia Ave BACKGROUND: On April 16, 2025, the City accepted bid proposals from three different parties for the purchase of the parcel located at 418 Poinsettia Ave. Offers ranged from $21,567 to $35,000. All three proposals were similar with a plan to build a duplex on the lot. Staff recommends awarding the highest bidder, Green Group Development LLC/ Mango Construction LLC the sale of the property. REQUESTED MOTION: Approve to award the highest responsive bidder, Green Group Development LLC/Mango Construction LLC, the sale of the property located at 418 Poinsettia Ave. for $35,000 and instruct the City Attorney to enter a contract for the sale oft the property. Attachments: Attachment 1 - Bid Tabulation Attachment 2 - Bid Proposal from Green Group Development LLC/Mango Construction LLC COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT 1 f 6 00 4 9 5 & 3 C E a - ATTACHMENT 2 SHALLE COMPLYY WITH EE EOmTION AND ALL ADDMTONAL ANDL LOCAL - CODE. NEW RESIDENGE E CONTRACTORS SHALLA FULLE RESPOMSIBILTY ANYV 6 WITHA ALL UTLTESA ANDS STATES SERVMICEA AUTHORITIES. LE - DMEENSIONSO ONT TKESE SHALLHAVE - MEG ON ORA ANY VAATONS THESEL DRANINGS. GENERALO CONTRACTOR RESPONSIBLE FOR1 THE E PLUMBING, GYBTENES. - DESIGNERS FOR - D AE LE THE OF NOTICE FROME SUCH - WATERPROOF BOARDA E AREAST TOM MGUNIT as ABOVE PATAEE DRAINS. a h ALL ANDFANSO TOOUTBIDEV VA 3 B E TOP E AMDI SHOWERA AMDR ML LAUNORY ROOMS. 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V, TVICal rons ck DATE ne 00 a Von 11/27/2024 SCALE - our - 3/16 PLUMBING PLAN Si ME w 5/16"-1' E nG B ons tu E DEE E ne E $ - nss OSAL AF 4 AGEC CoMe net 1 - mE : 10 POON TOTACAT e - : A aT MEn E CDOA ventan A ONaE AAET T - o LAT A o TCN E OVAITO coR 1 MALLABCSY m erORE AE aunee ONVE ANSESR AANOP one REATER RYE CAP te TORE ER CODE PTNRE nAoVeN G eur TOR1O 'EanS - NCR ME co A CMEN now e Bo A RMSAw E ASA o Ron DA SONET ocen a a à 5 C 3 I PAGE 4 I DATE 11272024 BCALE CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Lee AGENDA ITEM#: 8 G - Master Research Agreement BACKGROUND: The Florida Department of Emergency Management has released grant funding under the Hazard Mitigation Grant Program. Staff has sent in a notice of proposal to seek funding for a watershed master plan to enable the City to better prepare for 10-, 25-, and 100-year storm events. This proposal was submitted with coordination between City staff, Highlands County stormwater staff, and researchers from Florida Atlantic University (FAU), along with the support of the Highlands County Local Mitigation Strategy Group. In the event the City is awarded the grant, FAU staff and subcontractors will perform the work and present deliverables outlined in the proposal. Due to the coordination between the three groups, there will be no costs to the City other than staff time. This Master Research Agreement (MRA) has been reviewed by the City Attorney and is necessary to continue forward, ifthe grant is awarded. Attachments: 1. Master Research Agreement 2. Hazard Mitigation Grant Program Proposal REQUESTED MOTION: Approve and authorize the City Administrator to sign the Master Research Agreement with Florida Atlantic University for the purposes of a grant funded watershed master plan. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery. Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT 1 FLORIDA ATLANTIC UNIVERSITY MASTER RESEARCH, AGREEMENT AGREEMENT # C-25-227 This Agreement is made by and between FLORIDA ATLANTIC UNIVERSITY Board of Trustees, having its business address at 777 Glades Road, P.O. Box 3091, Boca Raton, Florida 33431- 0991(hereinafter UNIVERSITY") and the City of Sebring having its business address at 368 S Commerce Ave, Sebring, FL 33870 (hereinafter SPONSOR"). SUBJECT The purpose of this Agreement is to further the research objectives of UNIVERSITY and SPONSOR. IT IS AGREED: Article 1.0 RESEARCH PROJECT 1.1 UNIVERSITY agrees to undertake certain research (hereinafter PROJECT") as specifically described in TASK ORDERS issued by SPONSOR to UNIVERSITY. TASK ORDERS will be incorporated in the form attached hereto as Appendix A. Each TASK ORDER will at a minimum include this information: a) A unique and sequential dentification number. b) A Statement ofWork (SOW) providing sufficient and reasonable details ofthe work. c) Period of Performance ofthe identified SOW. d) Deliverables and due dates for the deliverables. e) Amount of financial support being provided to UNIVERSITY. 1.2 The PROJECT and all work assignments shall be carried out under the direction of a designated PROJECT DIRECTOR (hereinafter PROJECT DIRECTOR" while employed by UNIVERSITY, and by others (e.g. technician, graduate student, postdoctoral fellow, or faculty member, hereinafter collectively referred to as PERSONNEL), as assigned by PROJECT DIRECTOR. 1.3 UNIVERSITY agrees that there shall be no change of PROJECT DIRECTOR without prior written approval ofs SPONSOR. Article 2.0 TERM 2.1 The term of this Agreement extends for a period beginning on 05/01/2025, and continuing through 04/30/2029. 2.2 It is understood that each TASK ORDER will have its own TERM, but the period of performance must be within the TERM ofthe Master Agreement. The Master Agreement may be extended for additional periods of time under terms mutually agreed upon in writing in a duly executed amendment to this agreement. Article 3.0 FACILITIES AND EQUIPMENT 3.1 UNIVERSITY agrees to furnish such available laboratory facilities and equipment as it shall determine necessary for the PROJECT, other than that specifically provided by SPONSOR under this Agreement. 3.2 Parties agree that all equipment and supplies purchased with funds obtained as a result of this Agreement become the property of the UNIVERSITY. Article 4.0 PAYMENT 4.1 This Master Agreement does not authorize UNIVERSITY to perform work nor to spend any funds. The funding will be noted and authorized in each TASK ORDER and a payment schedule will be specified for each TASK ORDER. The foregoing payment by SPONSOR is acknowledged to be full and complete compensation for all work and obligations assumed under this Agreement. Checks will be made payable to: Florida Atlantic University. Mail checks to: Florida Atlantic University P.O. Box 198660 Atlanta, GA 30384-8660 Article 5.0 REPORTS 5.1 The PROJECT DIRECTOR shall furnish SPONSOR with written reports and/or deliverables according to the schedule outlined in each TASK ORDER. Article 6.0 PUBLICATION 6.1 SPONSOR recognizes that under University policy, the PROJECT results are non- confidential and agrees that PERSONNEL engaging in the PROJECT shall be permitted to present or publish at their own choosing, methods and results of the PROJECT, provided, however, that SPONSOR shall have been furnished copies of any proposal presentation or publication thirty (30) days in advance for review for patentable items or items deemed confidential as defined in article 7.0. 6.2 If SPONSOR believes that any planned publication contains a patentable development and wishes UNIVERSITY to file a patent application, upon written notice to UNIVERSITY, submission of such manuscript for publication shall be delayed for a reasonable time, not to exceed sixty (60) days, to permit the filing of a patent application(s) by UNIVERSITY. 6.3 Nothing in this Agreement shall entitle UNIVERSITY to disclose to others or publish any information disclosed to UNIVERSITY by SPONSOR which is confidential within the meaning of article 7.0 without the prior written approval ofSPONSOR. Article 7.0 CONFIDENTIALITY 7.1 UNIVERSITY acknowledges that SPONSOR may wish to disclose information which SPONSOR considers confidential, in furtherance ofthe PROJECT. SPONSOR acknowledges that UNIVERSITY has no mechanism to maintain or guarantee the confidentiality of information and cannot sustain liability for inadvertent or other disclosure of confidential information. These considerations notwithstanding, if any such information is disclosed by SPONSOR it shall be clearly marked "confidential information" and furnished in writing only to the PROJECT SUPERVISOR or orally disclosed to the PROJECT SUPERVISOR and reduced to writing by the SPONSOR within thirty (30) days of disclosure. Confidential information shall remain the property of the SPONSOR and for a period of three (3) years from the end ofthe Agreement shall not be used or disclosed to others except in furtherance of this Agreement. The foregoing obligation of non-use and non-disclosure shall not apply to: a) Information which at the time of disclosure is in the public domain; b) Information which after disclosure is published or otherwise becomes part of the public domain through no fault ofthe PROJECT SUPERVISOR; c) Information which was in the possession of the PROJECT SUPERVISOR at the time of disclosure and was not acquired from SPONSOR under an obligation of confidentiality; or d) Information which SPONSOR provides written permission to disclose. Article 8.0 PATENT AND OTHER RIGHTS AND LICENSE OPTIONS 8.1 UNIVERSITY agrees to notify SPONSOR of any invention made by UNIVERSITY hereunder within thirty (30) days after receipt of an invention disclosure from the inventor. 8.2 UNIVERSITY shall retain all rights to inventions or discoveries, patentable or not, conceived solely by UNIVERSITY and shall prepare and prosecute all related patent applications. SPONSOR shall retain all rights to inventions or discoveries, patentable or not, conceived solely by SPONSOR. Inventions or discoveries, patentable or not, made jointly by SPONSOR and UNIVERSITY shall be jointly owned by SPONSOR and UNIVERSITY, and UNIVERSITY shall prepare and prosecute all related patent applications and SPONSOR shall reimburse UNIVERSITY for one-half of the expense of all filing, prosecution and maintenance costs for all such patent applications and all issued patents. UNIVERSITY grants SPONSOR an option to secure an exclusive license to UNIVERSITY'S rights to said jointly-owned inventions and discoveries. The provisions of article 8.3, 8.4, 8.5, 8.6 and 8.7 shall apply to such an option. 8.3 SPONSOR shall indicate to UNIVERSITY in writing, within thirty (30) days of receipt of invention disclosure, whether it wishes UNIVERSITY to file a patent application on the invention, if applicable, or whether it wishes UNIVERSITY to register a copyrightable material. 8.4 UNIVERSITY agrees to grant and hereby grants SPONSOR an option to secure a royalty- bearing license under reasonable terms, with the right to make, use and sell, have made and have used, the claimed invention ofany patent which is based on any invention conceived and reduced to practice during the term of this Agreement. Such option shall be in effect and exercisable for ninety (90) days from the date of filing of a U.S. patent application under this Agreement or for ninety (90) days from the date of receipt of notice of such a filing by SPONSOR whichever date is earlier. 8.5 The license, which will be exclusive, will include a royalty rate in an amount to be negotiated in good faith by both UNIVERSITY and SPONSOR at the time SPONSOR decides to exercise its option. SPONSOR shall have the rights under the license to sublicense and shall have the sole right to designate the terms ofany sublicense, provided that UNIVERSITY shall receive, at a minimum, the royalty rate expressed in the license between UNIVERSITY and SPONSOR, and fifty percent (50%) of any other remuneration received by SPONSOR from sub-licensees. 8.6 At the time of exercise of the option, SPONSOR shall indicate in which foreign countries it wants a patent application filed. Rights tos such foreign countries shall be included in the patent rights under any license between UNIVERSITY and SPONSOR. 8.7 SPONSOR shall reimburse UNIVERSITY for all filing, prosecution and maintenance costs for all patent applications and all issued patents filed at the request of SPONSOR. Any such patent applications shall become part of the patent rights in any license between UNIVERSITY and SPONSOR. SPONSOR shall also reimburse UNIVERSITY for all filing, prosecution and maintenance costs for all other patent applications and issued patents which become part of the patent rights in any license Agreement between UNIVERSITY and SPONSOR. Article 9.0 TERMINATION 9.1 Either party may terminate this Master Agreement prior to the designated term by giving thirty (30) days written notice to the other. Terminating this Master Agreement will also terminate all TASK ORDERS that are still active unless the parties agree that the active Scopes of Work will be completed in which event those active projects will be completed under the terms of this Agreement and no further work will be accepted. 9.2 Upon early termination ofthis Master Agreement and TASK ORDERS, SPONSOR shall pay all costs accrued by UNIVERSITY as of the date of termination including non- cancelable obligations for the term of the Agreement, which shall include all appointments of research staff incurred prior to the effective date of the termination. Article 10.0 LIABILITY AND NEGATION OF WARRANTY 10.1 Each party will be responsible for its own negligent acts or omissions, and the negligent acts or omissions of its officers, employees, servants, and agents when acting within the scope of their employment or agency, and each party agrees to be liable for any damage or injury resulting from said negligent acts or omissions, subject to the limitations provided under Section 768.28 oft the Florida Statutes. Nothing contained herein, or in any term or condition contained within this Agreement shall be construed or interpreted as (1) denying to any party any remedy or defense available to such party under the laws of the State of Florida; (2) consent by a party to be sued except as authorized under Section 768.28 ofthe Florida Statutes; (3) a waiver of sovereign immunity; or (4) constituting a hold harmless agreement. 10.2 UNIVERSITY makes no representation other than those specified in this Agreement. UNIVERSITY makes no express or implied warranties of merchantability of fitness for any particular purpose of data or technical information derived from this RESEARCH PROJECT. Article 11.0 ASSIGNMENT 11.1 This Agreement may not be assigned by SPONSOR without the prior written Agreement of UNIVERSITY. Article 12.0 PUBLICITY 12.1 SPONSOR and UNIVERSITY agree that they will not use the name oft the other party, nor of any member ofITS PERSONNEL, in any publicity, advertising, or news release without the prior written approval ofthe other. Article 13.0 NOTICES 13.1 Notices, invoices, payments and other communications hereunder shall be deemed to have been made when delivered by overnight delivery service or email, or when mailed first class, postage prepaid, and addressed to the party at the address given below, or such other address as may hereafter be designated by notice in writing: SPONSOR: Contact Person for Sponsor: Jared Lee Address: 368 S Commerce Ave, Sebring, FL 33870 Office: Direct: (863)471-5100 email address: aredle@Miserimgcen FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES For Administrative matters: Miriam Campo Associate VP, Sponsored Programs Office of Sponsored Programs Division of Research Florida Atlantic University 777 Glades Road, Admin Bldg 10 Suite 297 Boca Raton, FL. 33431-0991 sponsoredprograms@fau.edu For Technical matters: Princpallnvestigator: Frederick Bloetscher Address 777 Grades Road Boca Raton, FL 33431-0991 (239) 250-2423 bloetsc@fau.edu Article 14.0 MISCELLANEOUS 14.1 UNIVERSITY and SPONSOR agree that the PROJECT SUPERVISOR AND PERSONNEL are acting as employees OfUNIVERSITY and not as agents or employees of SPONSOR. 14.2 This Agreement shall be binding upon and inure to the benefit of the respective parties and their successors. 14.3 This Agreement shall be governed by and construed according to the laws of the State of Florida. 14.4 This Agreement may not be assigned by the SPONSOR without the written permission of UNIVERSITY. 14.5 This Agreement embodies the entire understanding of the parties and supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject matter hereof. 14.6 No amendment or modification of this Agreement shall be valid or binding upon the parties unless made in writing and signed by their duly authorized employees. 14.7 Upon termination of this Agreement, neither party shall have any liability to the other, except for any provisions of this Agreement which by their nature extend beyond the termination or expiration until fulfilled and shall bind the parties and their legal representatives, successors and assigns. 14.8 The parties shall abide by the Financial Conflict of Interest (FCOI) federal regulations (42 CFR Part 50 Subpart F and 45 CFR Part 94) revised effective September 26, 2011. (Remainder of page intentionally blank. Signature page follows.) The parties hereto have caused this Agreement to be executed by duly authorized representatives effective as of the later date indicated below: SPONSOR: Name: Scott Noethlich Date: UNIVERSITY: FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES Name: Miriam Campo Title: Associate VP, Sponsored Programs Date: ATTACHMENT 2 FDEI MITIGATION Hazard Mitigation Grant Program Watershed Planning Program Notice of Proposal Form Subapplicant City of Sebring Subapplication Title FDEM Watershed Planning Grant Subapplication Type Watershed Master Plan Total Project Cost $ 400,000 Federal Share $ 300,000 Ifa subapplication for this planning activity has been submitted under a previous grant cycle, please list the program, date, and disaster (if applicable) 1. Contact Information Application Prepared by: Name Jared Lee Title Budget & Grants Coordinator Agency/organization City of Sebring Primary Phone (863) 471-5100 Type X Work D Mobile Secondary Phone Type D Work X Mobile Email ardlee@wysevingcom Address line 1 368 S Commerce Ave Address line 2 City Sebring State FL Zip 33870 Authorized Applicant Agent - individual authorized to sign certifications (proof of authorization required) Name Scott Noethlich Title City Administrator Agency/Organization City of Sebring Bureau of Mitigation Florida Division of Emergency Manageme OE MITIGATION a Primary Phone (863) 471-5100 Type X Work D Mobile Secondary Phone Type D Work D Mobile Email ScottNoethlich@MySebring.com Address line 1 368 S Commerce Ave Address line 2 City Sebring State FI Zip 33870 Signature Date 3/3/2025 SAtL Point of Contact (POC) = individual to be contacted for additional information Name Stephen Kramer Title Public Works Director Agency/Organization City of Sebring Primary Phone (863) 471-5115 Type X Work a Mobile Secondary Phone Type Work X Mobile Email Stephenkramer@MySebring.com Address line 1 1433 Hawthorne Dr Address line 2 City Sebring State FL Zip 33870 Bureau of Mitigation Florida Division of Emergency Manageme FDEN MITIGATION 2. Subapplicant Information Subapplicant Type of Subapplicant State Government X Local Government Indian Tribal Government D Special Governmental District Private Non-Profit a Other (please specify) City/Town/Vilage City of Sebring County Highlands FIPS Code 12-64875 Unique Entity ID XYFZHEPLMZG7 State Legislative Senate: 29 Federal Tax ID 59-6000428 Districts House: 83 Number 3. Local Mitigation Strategy (LMS) Compliance Local Mitigation Strategy Information Does your jurisdiction have a current FEMA. Approved Mitigation Plan? X Yes No Attached is a letter of endorsement for this project from the county's LMS X Yes Coordinator. No Plan Approval 02/17/2020 Jurisdiction 07/21/2020 Plan Expiration 08/17/2025 Date Adoption Date Date Bureau of Mitigation Florida Division of Emergency Managem FDEI MITIGATION HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC SAFETY EMERGENCY MANAGEMENT 6850 W. George Blvd., Sebring, Florida 33875 Office (863) 402-7600 Fax (863) 402-7400 www.hignlandsnl.gov March 27, 2025 Mrs. Laura Dhuwe Acting State Hazard Mitigation Officer Florida Division of Emergency Management 2555 Shumard Oak Blvd. Talanassee, FL 32399 RE: Watershed Planning Initiative Letter of Support and Acknowledgement Dear Mrs. Dhuwe: The Highlands County Local Mitigation Strategy (LMS) Working Group acknowledges and supports the City of Sebring's pursuit of FDEM's Watershed Planning Initiative to develop and implement a Watershed Master Plan. These efforts align with our locally adopted LMS Goals and Objectives and the State Hazard Mitigation Plan Goals and Objectives in accordance with 44 CFR 201.6. Upon completion of the Highlands County Watershed Master Plan, the LMS agrees to adopt this plan as an annex to Highlands County's LMS. We acknowledge that the LMS Working Group is not required to make any determinations related to funding for the Watershed Planning Initiative. Out of the $400,000 project cost, the City of Sebring will fund the in-kind services in the amount of $100,000 to meet the 25% match. For further information or inquiry, please contact me at 863-402-7670. Sincerely, Corey Amundsen, Emergency Management Manager Bureau of Mitigation Florida Division of Emergency Managem FDEI MITIGATION 4. Project Description Description Project X Watershed Master Plan Stormwater Master Plan Description List the total number of persons that will be protected by the proposed project below Total 11,563 # of flood insurance 513 # of flood 41 population policies covered by insurance covered by plan plan policies in SFHA Bureau of Mitigation Florida Division of Emergency Managem: FDE MITIGATION 1. Describe the existing problems: The City ofSebring has decided to apply for the NFIP by adopting a resolution of intent to participate and cooperate with FEMA. As part oft this application effort, the current proposal aims to develop a watershed master plan and flood mitigation strategies to meet or exceed the minimum NFIP criteria. Sebring is a city in and the county seat of Highlands County, Florida. Sebring was founded in 1912. It was named after George E. Sebring (1859-1927), a pottery manufacturer from Ohio who developed the city. He had a circular plan as the focal point for the city.14 It was chartered by the state ofFlorida in 1913, and was selected as the county seat ofl Highlands County when the county was created in 1921. As of 2022 United States Census estimates, the population is 11,379. The broader Sebring metropolitan area had aj population estimate of 105,618 in 2022; the disparity in population between the city proper and the metropolitan area is due to the relatively small size of the annexed area of the city, with most all of the landmass west of Lake Jackson technically in unincorporated Highlands County. Sebring is centered around Lake Jackson, with the Downtown Historic District directly on the waterfront. Due to its Florida scrub terrain, Lake Jackson has natural white sand beaches. The Subrecipient's community is primarily located in the Kissimmee River, and surrounded by the Fisheating Creek TMDL/HUC8 regions of Florida (Figure 1.1). The City (Figure 1.2), is partially in both the South Florida Water Management District and Southwest Florida Water Management District. Bureau of Mitigation Florida Division of Emergency Managem DE MITIGATION N Location be3 Legend Kissimmee 33 Extended Boundary Tampa eter 2 Ports StLuce 63 G 9 30.Mies. 6 Figure-1.1: The Location of the basin Kissimmee River HUC8s Bureau of Mitigation Florida Division of Emergency Managem FDEN MITIGATION - d Figure 1.2. Location of Sebring in Highland County The watershed also affects local flood management. Currently, rain falls on impermeable land where the water collects in pools or runs off rapidly where development has taken place. Since large urban areas in the watershed's cities contain many impervious surfaces, the increased surface runoff caused by heavy rains must be considered while assessing the watershed's flood response to a rainfall event. Stormwater is collected locally in neighborhoods in swales, ponds, small lakes, ditches and small canals. The climate of the basin area is humid subtropical. The mean annual temperature is about 72-degree Fahrenheit. The excess temperature is subdued by many lakes; however, these large water bodies add to the high humidity ofthe area. The annual rainfall for this area is 52 inches. The wet season receive the 72 percent of annual rainfall, start from May through October. The dry season generally begins in late October and ends into May. The basin supports the wetland ecosystem with diverse range of flora and fauna. This river-flood plain system has rich number of fishes and aquatic life with different species. Some of the fishes and turtles found in this basin are unique. Due to the large Bureau of Mitigation Florida Division of Emergency Managem: FDEI MITIGATION number of fishes available, this region is full ofbirds which are native and some even migrate from different continents seasonally. The groundwater in this watershed is a part of the Floridian aquifer system, which contains a sequence of Paleogene carbonate rock (mostly limestone and dolostone) and can be classified as Upper and Lower Floridian aquifers. The Floridian aquifer system is an important source of freshwater in this area, and the groundwater is mostly near the surface. Numerous tributaries exist throughout both the freshwater and estuarine portions of the watershed and can influence the overall hydrology of the area depending on rainfall and regional hydrological conditions. The health of coastal ecosystems relies on robust communities of sea grasses, oyster beds, and mangroves for juvenile fish and other species. Important issues to evaluate the health of the watershed in the coastal zone are the emergent and submerged lands. Despite not directly interfacing with the ocean, the wetlands and riverine floods pose a significant threat to this sub- watershed, potentially causing adverse impacts within the region. Wetlands serve many purposes, including acting as recharge areas, filters for contaminants, and buffers that mitigate temperature changes in adjacent areas. As a result of hydrologic modifications over the past 100 years, the natural storage and buffering capacity ofwetland areas in the basin have decreased. As a result, water levels in the watershed can rise substantially in short periods. The water levels occur outside desirable ranges either too high or too low with rapid water level fluctuations. Figure 1.3 shows the prior vulnerability mapping performed by FAU for the TMDL region, as compared to the FEMA flood map (Figure 1.4) and a 2004 -2014 repetitive loss map (Figure 1.5). The repetitive loss map shows the concentration of losses in the community along the bay and the barrier islands. Bureau of Mitigation Florida Division of Emergency Managem FDEN MITIGATION N Flood Inundation Legend Extended Boundary Kissimmee Water Below 50% 50% to 75% 75%-90% 5 30 Miles Above 90% Figure 1.3. Flood Inundation in Kissimmee River Basin. la N FEMA prin ng Hall Legend Kissimmee River &3 Extended Boundary FLOOD_ZONE ay A ampa AE 61 AH StPetersburg AO D OPEN WATER VE En a X PortStlucie a 6 5 3dMegose @ Mpiter Figure 1.4. FEMA based Flood areas in Kissimmee River Basin Bureau of Mitigation Florida Division of Emergency Managem - FDEN MITIGATION N Flood Inundation Legend Extended amp Boundary Kissimmee Water Below 50% 50% to 75% 75%-90% 30 Miles Above 90% Figure 1.5. Repetitive loss areas from 2004 -2014 superimposed on the flood risk map created by FAU. The Subrecipient includes multiple HUC 12s (see Figure 1.6). As a result, watershed plans for each HUC will need to be developed and integrated as a part of the 452b submission. Bureau of Mitigation Florida Division of Emergency Managem: FD I: MITIGATION AXE ARBUCK EMC JANF POLECREEK Frostproof moinibs 00 TOWN p ARBUCK * REEA PIMF ANR 01A SLOEH CRpe u 0 SONNEI CREEK W 030801011602 erk MIPPADRBUCKI 030h0101 E CRE** DUCH 31 OUGM pgebr 1051504 BEEE DRANCHCHAIEG CRE 03100101095 Avp - 03090 9 001 03000 505 AREYCKLE BRANCH Legend LITTLE CHABLEVE BOWE in WFRA 0901 REE or EK 180 WALI City 10010105 34 Ds 1 Boundary Hilands County ISTOKPO G REE MilinaiCaunty.wuci2 a s08 03090101 Vu2 01R ofy 0901013 4 NE ISTOKPOGA R VA SIOUGH 15000 01 mpe 654901 GPER OAK CREEY POGA REE > 0310010100 Plighlands 030901 1030401 ISU ANDHAMMOE asUR01CF 101 Lake cida 4 JNTL OUGHTERM TOF 009010% 63us01011/02 LOWERCANAL A. 0300010127 LOGF POINT MARSE 030991011 RUPPERI BAY SWAASI 030001030402 parcoso! 1B0y, 030001030301 Okeechpbee UNES GULLY 1S 030901030102 UNDYR GROGANT LAKE wisn BHANC OF FISHE ING GREZ 01030403 00901017 02 9010301f 030901030307 cow SLOUGH 030901030002 IDIAN 030001030404 PA E 031001011002 dOIHEEL CREA 030001030104 JOE SA. OUGH ERI MARNE POND AJ 0319011130105) 030801030303 IPPENE BAY GATOR s4 DUGH 03100101100 PLATT BRANCH O3ARC0 1205 12 16 030001030201 Miles on 030901 PcEI 1030202 AKE 30401630204 Created by FAU CWR3, November 8, 2024 Figure 1.6 HUC12s for City of Sebring in Highlands County The Local Mitigation Strategy Working Group consists of the following 14 agencies: Highlands County Board of County Commissioners Central Florida Regional Planning Council City of Avon Park City of Sebring Town of Lake Placid Florida Department of! Health Florida Forest Service Florida-Georgia District Lutheran Church Missouri Synod Orange Blossom Baptist Association School Board ofl Highlands County Sebring Airport Authority Bureau of Mitigation Florida Division of Emergency Managem FDEN MITIGATION South Florida State College Spring Lake Improvement District Sun 'n Lake of Sebring Improvement District The LMS Working Group and program staff also conducted detailed studies to identify the hazards threatening the jurisdictions of Highlands County and to estimate the relative risks posed to the community by those hazards. This information has been used by the LMS Working Group to prioritize its planning efforts to assess the vulnerabilities of the facilities of Highlands County and the impacts of future disasters involving those hazards. The LMS Working Group has worked to identify, justify and prioritize specific proposals for projects and programs that will avoid or minimize these vulnerabilities. The proposed projects and programs to reduce the impacts of future disasters are called "mitigation initiatives" in this document. Mitigation initiatives have been developed, and will continue to be developed, by the LMS Working Group for implementation whenever the resources and opportunities to do SO become available. Implementation of this plan is essentially through implementation of these mitigation initiatives, and with each implementation effort, the LMS Working Group will continue to ensure the participating communities become more resistant to the human and economic costs of future disasters. Many other hazards were eliminated from the scope ofthe Highlands County LMS update because oft the County's current conditions, location, climate and/or its topography. There are approximately 19,700 mobile home units/spaces throughout the County; including park model units/spaces. Many of these are in registered mobile home or RV parks. Residents of mobile homes, including park models, located anywhere in the County are considered to be at risk during high wind events. Many of these mobile homes are vacant during the summer months, which represents the most probable time for a tropical cyclone. In 2017, 18.7 percent of people were in poverty. Over 31 percent of related children under 18 were below the poverty level, compared with 8.8 percent of people sixty-five years old and over. The highest risk hazards throughout the planning area are determined to be: Hurricanes/ Tropical storms Hurricanes are large cyclonic storms with counter-clockwise winds of 74 mph or greater based upon the Saffir-Simpson Hurricane Wind Scale. Since hurricanes dissipate quite rapidly to less than hurricane strength after they make landfall, inland areas typically receive less catastrophic damage. Inland damage is usually in the form of flooding associated with the exceptionally heavy rains commonly associated with the remaining storm system. ; and Bureau of Mitigation Florida Division of Emergency Managem FDEN MITIGATION Wildfires. Fires -Fires result from a lack of timely rainfall - mostly in the mid-spring period of the year. While fires damage property, they also remove vegetation that might help reduce coastal flood migration. Flooding - Flooding has been the most frequent occurrence in the County over the past 100 years. Residents can experience flooding from two sources, and they can occur at the same time: Flooding and erosion triggered by tropical storms and hurricanes. Riverine flooding, which is intense and abundant rainfall into our river, streams, channels, and numerous low-lying areas. The extent of a flood is generally measured in water levels and amount of damage done. The County is highly subject to riverine flooding due to heavy rains. The highest risk hazards by planning jurisdiction are considered to be: Dam/ Levee failure for unincorporated Highlands County and the SLID; Floods for the City of Avon Park, the unincorporated areas of] Highlands County, and the SLID; and Wildfires are considered to be particularly high-risk hazards for unincorporated Highlands County. As a result the Subrecipient's goals will be to Identify flood prone areas under the modeling scenarios Identify solutions to the flooding that is created by the flood modeling The proposed watershed master planning effort to be conducted under this grant will include prior efforts by the Subrecipient and build oft the prior modeling by FAU into the community as it relates to the combination of king tides, storm events and rainfall, with respect to current and proposed drainage improvements and resilience solutions. Description Bureau of Mitigation Florida Division of Emergency Managem FDEI MITIGATION 2. WMP Scope of Work FDEM will coordinate with Sub-recipients to produce a Watershed Master Plan (WMP) for credit under the Community Rating System (CRS). A pilot project was previously completed that consisted of research, the creation of a framework and guidance documents that ensure a consistent statewide approach to WMP development. Sub-recipients under the Watershed Planning Initiative will use the guidance materials to produce a Watershed Master Plan for credit under CRS. Guidance materials can be found at: https: I www.floridadisasterorgldem/mitigationlwatershedplanning-initative. The Sub-Recipient will finalize the process by submitting their WMP to SO/CRS for review and providing the Division with a signed letter from their applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the WMP will be adopted in the Sub-Recipient's next LMS update. Tasks necessary for completion include: Task 1 - Creation of preliminary scope of work, initial flood modeling & submission of draft WMP to CRS officials for approval. The flood modeling should consider evaluations of the watershed's runoff response from design storms under current and predicted future conditions and assessments of the impacts of sea level rise and climate change. Preliminary modeling should include 10-, 25- & 100- year storm events. This initial scope of work and WMP draft should include preliminary modeling of the 10-, 25- and 100-year storm events, an inventory of the ground characteristics and data availability, existing regulations and plans in place, a description of vulnerable areas or areas of interest, a list of potential solutions, and a brief description of future actions plans. Task 2 = Submit final WMP & CRS submittal. After receiving feedback and approval on the sub- recipient's scope of work and flood modeling submission in Task 1 from FDEM, the sub-recipient will finalize the flood modeling process and complete their WMP. At a minimum, the modeling and WMP must include 10, 25 & 100-year storm events- or model sea level rise-to receive credit through CRS element 452.b. The sub-recipient will submit their documentation of their WMP submittal to CRS to FDEM as well as their final WMP to FDEM for approval. Based on your project type selected (WMP or SWMP), please describe in detail below (or on a separate page attached to this proposal) how your community plans to complete the above tasks. Please provide any details related to staffing to complete the proposed project, if you will be hiring an outside agency/firm, and what resources you have at your disposal to accomplish the project: Bureau of Mitigation Florida Division of Emergency Managem: FDEN MITIGATION Description FDEM has two tasks as a part oft the grant process, as noted in the prior section. To complete the plan, the subrecipient, and Florida Atlantic University will update their CRS plan and submit the updated perspective point total to CRS to receive points for element 452.b. The sub-recipient will submit the updated CRS plan to CRS for approval simultaneously as they submit their final WMP to CRS for approval. If revisions are necessary, the sub-recipient will correct and re-submit for CRS approval. The FAU contract will be a lump sum. Task 1 for the subrecipient grant includes Tasks 1.1 1.6, which FAU will perform under subcontract. Task 1.1 Background Info Gathering FDEM has two tasks as a part of the grant process, as noted in the prior subrecipient, and Florida Atlantic University will update their CRS plan and submit the updated perspective pc Task 1.2 - Policy Documentation for HUCS Task 1.3 - Risk Models for HUCS Task 1.4 - Identifying Critical Areas/ Solutions in HUCS Task 1.5. - Action Plan Task 1.6 - Submit for Staff Review Task 2.1 - Submit to NFIP for Review Task 2.2 - Update CRS submission Task 2.3 - Commission Approval Interim documentation will be provided for submission for initial commentary at the 75% stage of Tasks 1.1 to 1.5. FAU will complete Tasks 1.6 based on feedback from NFIP reviewers as a part of Sub-recipient Task 2 in the FDEM RFP and provide support for Tasks 2.1 to 2.3, which are a part ofTask 2 in the FDEM guidance. Each work task is outlined in the following paragraphs. Task 1.1 - Background Information Watershed Master Plans (WMPs), as conceived by the National Flood Insurance Program (NFIP) Community Rating System (CRS) program, provide an outline for communities to reduce local flood risk. According to the CRS Coordinator's Manual 2021 Addendum (FEMA, 2021), "the objective of watershed master planning is to provide communities within a watershed with a tool they can use to make decisions that will reduce flooding from development on a watershed-wide basis.' " Successful watershed master plans (WMPs) consist of the following activities (Association of State Floodplain Managers, 2020): 1. Evaluation of the watershed's runoff response from specific design storms under current and predicted future conditions 2. Assessment of the impacts of sea level rise and climate change 3. Identification of wetlands and other natural areas throughout the watershed 4. Protection of natural channels 5. Implementation of regulatory standards for new development such that peak flows and volumes are sufficiently controlled 6. Specific mitigation recommendations to ensure that communities are: resilient in the future Bureau of Mitigation Florida Division of Emergency Managem - FDEM MITIGATION 7. A dedicated funding source to implement the mitigation strategies recommended by the plan The process begins by first characterizing the watershed. A balanced approach is needed to obtain watershed- related information with the relevant precision. For example, groundwater is relevant when the ground and surface waters are directly connected, and the soil may lack the capacity for infiltration storage. Geology, hydrogeology, land use, canals and other water bodies, and historical changes to the surface may be relevant to create the watershed description. A summary of the local communities involved in each HUC will be developed. Topographic features, uplands, wetlands, and shorelines will be delineated along with current flood maps. Other requirements are growth projections and mitigation strategies at various scales (watershed, regional, and local) to limit increasing flood risk. FAU will collect the necessary data to generate the mapping products needed for watershed master planning activities. DELIVERABLE: Chapters 1 and 2 oft the Watershed plan Task 1.2 - Policy Documentation for HUCS A Watershed Master Plan should be cognizant ofapplicable regulatory guidelines, ordinances, and public policies related to water management within the study area. It is important that the WMP identifies the control actions, management practices, and regulations, as well as the agencies that have authority and jurisdiction as applicable to the study area. These will include regulatory standards for new development such that peak flows and volumes are sufficiently controlled and regulations that prohibit development, alteration, and modification of existing natural channels are in place. Existing regulations include federal, state, tribal, regional, and local rules. FAU, with assistance from the communities in the study area, will identify the necessary documents, including thel Local Mitigation Strategy (LMS) plan and previous CRS credit reviews, as well as minimum flows and levels and flow volumes, as applicable. DELIVERABLE: Chapter 3 oft the Watershed plan Task 1.3 - Risk Models for HUCS Modeling and assessment of vulnerability focused on the combination of a high-water table, low soil storage, heavy rains, flat topography, and impervious conditions that can lead to localized nuisance flooding events. Modeling at the screening level is needed to identify areas of the watershed that are at risk. FAU will use a screening tool to identify regions with elevated risk of inundation based on multiple collected datasets and hydrological modeling. The screening tool utilizes topographic data from various sources, water table elevations, tidal information for coastalareas from thel NOAA Current & Tides website, soil maps from the USDA, and other key datasets. Figure 1 shows how the GIS layers interface in the tool and how they are combined for spatial analysis. The model chosen for this screening tool is Cascade 2001, a multi-basin hydrologic/hydraulic routing model developed by the South Florida Water Management District. The model permits the investigator to analyze different storm events and flooding scenarios. The following data layers collected during Task 1 activities are processed to develop the input files for Cascade 2001. Bureau of Mitigation Florida Division of Emergency Managem - FDEN MITIGATION Topography Soil Storage (DEM) Capacity Groundwater (Octz 29, 2017) ArcHydro Unsaturated Toolset Zone Topography Catchments, Drainage (DEM) points and lines Impervious Mask NL (Wat. Hold. Soil Capacity) Design Storm SFWMD Specifications Structure Water Mask CASCADE 2001 Multi-basin Routing Model Risk Maps Figure 1. Screening tool methodology for creating flood risk maps FAU will conduct map development activities that address the required design storms, including 5-, 10-, 25- and 100-year floods, plus the 3-day, 25-year storm event, with 1, 2, 3, 4, and 5 ft of sea level rise and king tides, as applicable. At a minimum, the modeling and WMP must include 10-, 25- & 100-year storm events- - or model sea level rise to receive credit through CRS element 452.b.) Note that understanding build-out and thei impacts build- out has on drainage are factors that must be considered in modeling and must come from the underlying local communities. This is the watershed master planning assessment. DELIVERABLE: Chapter 4 of the Watershed plan with all applicable modeling scenarios for the HUC and relationship to involved HUCs; drilldown to community issue modeling Task 1.4. - Identifying Critical Areas/Solutions in the HUCS Once areas at risk have been identified in the watershed master planning assessment, Task 1.4i is designed to identify potential mitigation measures to improve community resilience and flood protection. The process starts with narrowing down the feasible engineering alternatives using threshold criteria and quantifiable selection criteria that include measures of effectiveness, cost, and added benefit to the community. At the center of these planning efforts should also exist the provision for an adequate drainage system designed to accommodate an increased volume of water and/or increased peak flows. Current capital plans, stormwater master plans, capital projects, etc., will be identified. Local governments have these documents, which will be secured in Task 2. For this document, 35 solutions referred to as the "Periodic Table" menu of green and grey infrastructure technologies (Figure ) will be referenced as applied as applicable. Issues like pump stations, changing weir elevations, larger pipes, and coastal sea walls are major hardening efforts that can be modeled in Cascade 2001. Bureau of Mitigation Florida Division of Emergency Managem - FDEN MITIGATION Menu of Green and Grey Infrastructure Technologies 5 9 23 25 29 33 detention pond ention central stallation underground storage aw sed seawall 0 14 8 28 ans - y hanced d d pavin ng 5 hes h rench di ev wurge e onecrions vy 6 0 26 30 34 - a changesinland lar nce eland usepractike Neal nunal Figure 2. "Periodic table" menu of green and greyinfrastructure technology options. The menu is organized to address various flooding types, from pluvial (rainfall and runoff mitigation in upland areas),fluvia (runoff, high groundwater, and surface water management in low-lying flood-prone areas), tidal (flooding associated with storm surge, high groundwater, and tidally influenced), and all (applies across the spectrum). DELIVERABLE: Update and completion of Chapter 4 and Chapter 5 of the Watershed plan with applicable modeling scenarios for the HUC Task 1.5-4 Action Plan The key components of the implementation phase are: 1) the implementation team, 2) information/education, 3) capital improvement projects, 4) maintenance, 5) monitoring, and 6) evaluation and adjustments. A watershed implementation team comprised key stakeholder partners from the planning team, particularly those whose responsibilities included ensuring the implementation of tasks, reviewing monitoring data, ensuring technical assistance in designing and installing management measures, finding new funding sources, and communicating results to the public. DELIVERABLE: Chapter 6 ofthe Watershed plan this should complete the planning document Task 1.6 Submit Draft Plan to Staff for Review FAU will submit the draft WMP to staff for review and comments. Feedback will be addressed in a timely fashion before Task 2.1. Bureau of Mitigation Florida Division of Emergency Managem: E MITIGATION DELIVERABLE: Delivery and receipt of comments from staff on the planning document Task 2.1 - Submit the Draft plan to FDEM and NFIP Staff for Review FAU will support the subrecipient's submission of the draft plan to staff at NFIP for review and comments. Feedback will be addressed in a timely manner SO that Task 2.2 can be pursued. FAU has no control over the length of time that NFIP and FDEM staff require to review the draft WMP documents. DELIVERABLE: Chapter 6 of the Watershed plan - this should complete the planning document Task 2.2. - Update CRS submission FAU will support the subrecipient's submission ofthe revised CRS plan to staff at NFIP for review and comments. Feedback will be addressed in a timely manner SO that Task 2.3 can be pursued. FAU has no control over the length of time that NFIP and FDEM staff require to review the draft WMP documents. DELIVERABLE: n/a Task 2.3 - Commission approval FAU will support the subrecipient's submission of the draft WMP to its governing board for approval. Ifthe subrecipient desires FAU faculty presence, this will be coordinated with FAU. DELIVERABLE: n/a Progress reports to FDEM FAU will support the subrecipient's submission of quarterly and monthly reports. To this end, FAU will prepare the reports and submit them to the subrecipients as outlined in the subrecipient's grant. Schedule Task Month Resp Party 2 4 6 8 10 12 14 16 18 20 22 24 Task 1.1- Background Info Gathering FAU Task 1.2- Policy Documentation for HUCS FAU Task 11.3- Risk Models for HUCS FAU Taskl.4- Identifying Critical Areas/Solutions. in HUCS FAU Task 1.5- Action Plan FAU Task 1.6 Submit for Staff Review Staff Revisions FAU Task 2.1- Submit to NFIP for Staff with FAU Review support Revisions FAU Task 2.2-Update CRS Staff with FAU submission support Staff with FAU Task 2.3- Commission Approval support Bureau of Mitigation Florida Division of Emergency Managem FDEN MITIGATION N N S 030901011801 030691011801 Legend Cly of Scbring ClyfSebing.HUCI2 Sebring LOWER oanuasBlan? ARBUCKIE CRFEK Sebring Miles freated by FAU GWR3, Margh. 1.2025 Map of the City of Sebring and the 3 HUC12 Watersheds to be modeled 3. Qualifications of the Project Team The Sub-recipient will engage Florida Atlantic Oniversity's team to perform the Florida Division of Emergency Management (DEM)'s Bureau ofMitigation for Hazard Mitigation Grant Program (HMGP) DR- 4337-004-P. The team is uniquely qualified to perform this effort given that they created the template document ofthe watershed master plans, the screening modeling protocol and have already conducted work in the community. The team has previously worked together on 21 watershed plans throughout the state as well as the Phase 1 templates and examples for FDEM. Florida Atlantic University is a member of the state university system with over 1,000 faculty members and 30,000 students, 600 ofwhich are civil engineering students, and partner with which the City has successfully collaborated previously. Florida Atlantic University is the 5th largest State University with multi-disciplinary areas, such as civil engineering (including water/wastewater treatment, stormwater, GIS and traffic studies), Bureau of Mitigation Florida Division of Emergency Manageme FDEN MITIGATION urban and regional planning, environmental planning, coastal processes and the Center for Environmental Services (CES). It is the largest economic engine in Palm Beach County, with a significant presence in the area ofe environmental research at the Davie campus. In response to the devastating effects of flooding on human safety and home properties, the Center for Water Resiliency and Risk Reduction (CWR3) was established at Florida Atlantic University in 2020 to help local communities develop mitigation strategies and participate in the National Flood Insurance Program (NFIP) Community Rating System (CRS). It is a collaborative project involving a team of faculty and student researchers from multiple colleges and universities. Specifically, CWR3 is a clearinghouse for watershed master planning tools and policies, including best available mapping data, outreach/public education materials for flood risk, incentives to reduce future losses, and mitigation strategies, particularly green infrastructure options. The Center will assist communities with sophisticated modeling tools for assessing stormwater risk and solutions, as well as develop mitigation techniques to maintain water resilience during emergencies. CWR3 also provides technical support to communities that participate in or wish to participate in the CRS. The Center has 21 plans in various stages of completion. The current project team will be led by Dr. Frederick Bloetscher, P.E., a Professor in the Department Civil, Environmental and Geomatics Engineering, Associate Dean for Undergraduate Studies and Community Outreach for the College of Engineering and Computer Science, and Director for the Center for Water Resiliency and Risk Reduction at Florida Atlantic University in Boca Raton, where his focus is on infrastructure and utility issues, including water resources, water supply sustainability, stormwater (including sea level rise) and wastewater disposal issues. He received his bachelor's degree in civil engineering from the University of Cincinnati and earned his Master of Public Administration degree from the University of North Carolina at Chapel Hill. His Ph.D. is in civil engineering from the University ofMiami. Prior to coming to academia, Dr. Bloetscher served as the utility director and deputy director for several large water and sewer systems, and as a city manager in North Carolina. He has consulted for years before joining FAU in 2004. Dr. Yan Yong is a Professor in the Department Civil, Environmental and Geomatics Engineering at Florida Atlantic University in Boca Raton. While his expertise is in fluid turbulence and structural engineering, he has spent the last2years managing the Hazard Mitigation Grant Project. He received his Ph.D.in aeronautical engineering from the University of Illinois at Urbana-Champaign. He is a former Chair in the Department Civil, Environmental and Geomatics Engineering at Florida Atlantic University. Dr. Hongbo Su, P.S.M., is an Associate Professor in the Department Civil, Environmental and Geomatics Engineering at Florida Atlantic University. His expertise is in geospatial engineering, GIS and watershed analysis. He was integral to the development of the scanning model tools in the initial Hazard Mitigation Grant Project form FDEM. His interests are Land Surface-atmospheric Interactions with an Emphasis on Energy Balance and Water Cycling, Surface Hydrology Quantitative Remote Sensing and Geographic Information Systems. He is the Director for the Laboratory for Remote Sensing and Hydrometeorology at Bureau of Mitigation Florida Division of Emergency Managem: FDE MITIGATION FAU and a registered professional surveyor and mapper in Florida. He earned his PhD. From Princeton University. FAU employs graduate and undergraduate students as well as faculty in the Department of Geosciences who participated in the Phase 1 project on an as-needed basis. FAU has more than enough resources to carry out the phase 2 program for the Subrecipient. For the Subrecipient, numerous staff are engaged in the current CRS planning activities. The community has a CRS coordinator who will act as the program manager for the contract with FAU. As a local government, The Subrecipient retains responsibility for meeting the flood control and stormwater needs for the community and ensures that existing and future systems are constructed, operated, and managed to meet future needs. The Subrecipient has an elected governing body. The Chief Administrative Officer of the governing entity is the Manager who is appointed by the governing body, and overseas of staff that is responsible for finance, public works, land and community development, leisure, and administrative sectors, among many others. As a result, the Subrecipient is fully prepared to implement aj program of this magnitude. 4. Describe any other on-going or proposed projects in the area that may impact, positively or negatively, the proposed HMGP Project: The West Lake Jackson Project is nearing the final design phase. Funding for construction is being sought and the end result will improve stormwater flow from US 27 into Lake Jackson as well as a substantial reduction of pollution (TN, TP, and TSS). 5. Community Information Bureau of Mitigation Florida Division of Emergency Managem FDEN MITIGATION Answer questions A through H for the community(les) that is participating in the Watershed Planning Program. Information can be provided using this proposal form, the attached CRS Points Spreadsheet (for questions g & h) or in a separate document clearly identifying the questions and answers. a) Jurisdiction Name b) Name of LMS Coordinator or Floodplain Coordinator/Manager c) Is the community a participant in good standing with the National Flood Insurance Program (NFIP)? d) The NFIP Community Identification Number (CID) e) Does the community participate in the Community Rating System (NFIP CRS)? f) What is the current CRS Class Rank? 9) What is the total # of CRS points accrued at the time of application? h) What is the total # of CRS points you expect to receive from completing a WMP? Jurisdiction Name (a) LMS and/or NFIP Participant (c) CID # CRS (e) CRS CRS Total Expected Floodplain (d) Ranking Accumulated Points from Coordinator () Points (g) WMP (b) (h) City of Sebring Corey DY NONA NA DY N PursuingPursuing Pursuing Admundsen Project Location 1. X Attach a copy of a city or county scale map (large enough to show the entire WMP area) 2. Attach a map outlining the total area being modeled for your WMP Flood Insurance Rate Map (FIRM) 1. X Attach one (1) copy of the FIRM map, a copy of the panel information from the FIRM, and, if available, the Floodway Map. FIRM maps are required for this application. FIRMS are typically available from your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also be ordered from the Map Service Center at 1-800-358-9616. For more information about FIRMS, contact your local agencies or visit the FIRM site on the FEMA Web- page at ntps/msclemagowpota. 2. Using the FIRM, determine the flood zone(s) of the project site (Check all zones in the project area). (See FIRM legend for flood zone explanations) (A Zone must be identified) VE or' V 1-30 AE or A 1-30 AO or AH A (no base flood elevation given) V B or X (shaded) V C or X (unshaded) Floodway Coastal Barrier Resource Act (CBRA) Zone Bureau of Mitigation Florida Division of Emergency Manageme FDEN MITIGATION 6. Schedule of Work Using the outline below, estimate in monthly increments how much time will be estimated for each task to complete the Plan. When developing the schedule, please use timeframes from the date of subrecipient agreement execution. Add additional tasks as necessary on a separate sheet and attach to this proposal form. Task(s) Number of Months to Complete Field Work and Data Collection 4 Initial Flood Modeling 12 Preliminary WMP 12 Revise WMP and Submit Completed WMP 5 Division Approval and Closeout 4 Total Months 24 Total Schedule Estimate the total duration of your proposed activities (do not exceed 24 months) 24 Proposed start date MM/DD/YYYY) 06/01/25 Proposed end date (MM/DD/YYYY) 05/31/27 7. Budget Cost estimates should be consistent with scope of work items and work schedule. Presented cost estimates in the budget should have sufficient source documentation or justification. Costs must be eligible under HMGP and conform to the requirements set forth in 2 CFR 200 E. Applicants must ensure that cost are reasonable, allowable, allocable, and necessary for the completion of a Watershed Master Plan consistent with the scope of work. Additional justifications related to the budget can be attached to your submitted proposal form. Cost Item Unit Amount Rate Total Cost Personnel $100,000 Fringe Benefits Travel Equipment Supplies Contractual $300,000 (FAU) Other Total Project Cost $400,000 Bureau of Mitigation Florida Division of Emergency Managem: FDE MITIGATION 8. Cost share Maximum Federal Share for the project is 75 percent. Non-federal funding share is that portion of the total project costs provided by the non-federal entity in the form of in-kind contributions (professional services, labor, etc.) or cash match received from third parties or contributed by the entity. In-kind contributions must be provided and/or cash expended during the project period of performance to satisfy matching requirement. Please present the cost-share information for the proposed project below. Federal and Non-Federal Cost Share Breakdown TOTAL PROJECT COSTS $ 400,000 Estimated Federal Share (max 75%) $ 300,000 75% Estimated Local Share: Cash $ % Estimated Local Share: In-Kind * $ % Estimated Local Share: Third-Party $ 100,000 25% Date of local share funding availability *Provide narrative or description of in-kind or third-party match sources below: The County-wide survey staff is collecting data of existing stormwater features to create a flood model as in-kind match with a value of$100,000. Federal and Non-Federal Cost Share Breakdown Provide any additional comments and/or reference to applicable attachments (optional) Copy of the FIRM panel maps combined in a single pdfi is available at FIRM Maps 200 (2).pdf. Bureau of Mitigation Florida Division of Emergency Managem - FDEN MITIGATION HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS 600 S. Commerce Ave., Sebring, Florida 33870 OF FI CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: John Cecil AGENDA ITEM#: 8 H - Memorial Day at Military Sea Service Museum BACKGROUND: Attached please find correspondence from John Cecil, President of the Military Sea Service Museum (MSSM) (Attachment 1). The MSSM is planning for the 2025 Memorial Day Ceremony and are requesting the following: Establish date of Ceremony for Monday, May 26, 2025 Establish time of event for 2:00 p.m. Authorize closure of Roseland Avenue between Kenilworth Blvd and 1st Street from 1:00 p.m. to 4:00 pm. (Attachment 2) Provide traffic cones and signage as needed Provide 2 patrol cars for pedestrian and traffic safety (If available) Fees for Service: Memorial Day is a City observed holiday. As such and in accordance with City policy, there are no fees for services. REQUESTED MOTION: Approve request as presented. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT 1 April 15, 2025 City Council City of Sebring 368 S. Commerce Avenue Sebring, FL 33870 Re: Military Sea Services Museum = 2025 Memorial Day Project Background. The Museum deeply appreciates the City of Sebring's patriotic support for our observances of past Veterans Days, Pearl Harbor Day, Memorial Days especially the 2019 Memorial Day which featured Major General James E. Livingston, U.S. Marine Corps, Retired a Vietnam War awardee of the Medal of Honor. This year our keynote speaker will be retired Mr. Kevin Roberts, Chairman of the Highlands County Board of County Commissioners. 2025 Memorial Day Project. The Board of Directors of the Military Sea Services Museum, by this letter, wish to inform the City of our plans to host another Memorial Day ceremony on site at 2 p.m., Monday, May 26, 2025. The ceremony is jointly sponsored by the Highlands County Veterans Council and the Military Sea Services Museum. Moreover, Mayor Shoop is invited to speak and the Council are cordially invited to attend Request. We request the following support for this special event: (1) Roseland Avenue closure between Kenilworth Blvd. and 1st Street from 1-4 p.m.; (2) traffic cones and two "Flagman Ahead" signs; (3) two patrol cars with activated flashing lights on Kenilworth; (4) two flagmen on hand for pedestrian safety crossing Kenilworth. This support will be greatly appreciated and will go a long way in making this another safe and memorable patriotic event. Respectfully yours, John E. Cecil President ATTACHMENT 2 Military Sea Services Museum Memorial Day Observance Ceremony à Kenilworth Blvd L& M Food Store Military Sea Services Museum 1st St Hir 2nd St 3rd St le - 4th St (C CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Noethlich/Boggus AGENDA ITEM#: 81 I- Utility Services Agreement requests for Service BACKGROUND: Please find attached seventeen (17) Utility Services requests and Declaration of Covenants for service per Ordinance# 1538 requiring City Council approval for connections to the City Utility System for properties located outside of the City limits. REQUESTED MOTION: Approve the attached Utility Services Agreement requests as presented. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attomeys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as oft three (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All ofthe terms ofthis Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may: not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws oft the State of Florida. D. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific pertormance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event ofbreach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to reçover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations ofthe parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last ofthe foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] DEVELOPA ENT LCC OWNER: GAEEN GroUP Name Printed: Rol RENLELGNGN STATE OF FLORIDA, COUNTY OF Ahghlasde The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 28 day of Opul 2025, by Roi Aens selgnin who is personally known to me or who produced as identification. My commission expires: Ay Sharoa (NOTARY SEAL) Notary Public Signature Notary Public Print Name KIM SHANDS MY COMMISSION: # HH610647 EXPIRES: December 7, 2028 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk 6 EXHIBIT A LEGALI DESCRIPTION 34-29- (o- 0020 -0/30 C-18 PEL FB 2-P6-6 SeSMNG GMOENS / /3 Buu 2 VOT 7 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL 33870-3702 DECLARATION OF COVENANTS Subrig Gardens bain Gaup Development, LC a Florida imited liability company or D corporation (herein callég Declarant") fs the oyner in fee simple of certain real property (herein called the "Property"), located at 6 261 1 Avy14 0 in Highlands County, Florida, more particularly described on Schedule" "A A" attached hereto. For good and valuable consideration, and in exchange for the right fort the Property to pay for and receive the service(s) checked below from the City of Sebring: water service a fire hydrants o fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City ofSebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation of the Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. Ifannexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable byt the City ofSebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any ofthe services. The person or persons for the Declarant covenant under the penalty ofp perjury that they are fully authorized to sign this Declaration fap the Deçlarant and that it is fully enforceable under its terms Dated thig28 day of Apal 20 Declarant: Gant Group Developert, Lic. Two Witnesses: a Florida imitedi liability compahy or 0 corporation de I ( Dakley By: (Printed Name) ENTPET R.OAKLEY Printed Name: 2 TENLELAKTS Title: MA7 7LE7 handa (corporate seal) biny (Printed Name) m A nds STATE OF DAd COUNTY OF foregoinginftrument, was acknowledged before me by means pf % physical presence or a online notarization, this 2f day of 2025 by (name) K - Dencelg w as (title) Ma of SuLr y C (S V - a Florida limited liabifty company or a corporation, who is personally known to me or E produced as identification. - Return to: hum art City of Sebring Utilities Dept. Notary Public 321 NI Mango Street Commission No: Sebring. FL: 33870 (affix notarial seal) KIM SHANDS MY COMMISSION # HH610647 EXPIRES: December 7, 2028 SEARCH Go Parcel C-18-34-29-110-110-0020-0130 2618 LAUREL ST SEBRING, FL 33870 Owners: GREEN GROUP DEVELPOMENT LLC Mailing Address 3389 SHERIDAN DT SUITE 264 HOLLYWOOD, FL 33021 DOR Code: 00 - VACANT Neighborhood: 1129.00 - SEBRING GARDENS Millage: 40 - County Southwest Water Map ID: 68B Legal Description SEBRING GARDENS PER PB 2-PG 6 LOT 13 BLK 2 ATTACHMENT2 2622 LAUREL ST UTILITY SERVICES. AGREEMENT This UTILITY SERVICES AGREEMENT (the Agreement") is made and entered into this28 day of APML 2025 by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City"and; GALEN 6Lowp ONELUPNENT CCC whose mailing address is: K. 37021 3399 SM ENO AN ST. #261 Hocejworo (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 2622 LAMEL ST SERAING PL. 35890 with parcel identification number C-7P-S7-22-T0 - 0020-0/20 as more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and WHEREAS, the Property is 0.15 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply/residential, commercial, industrial. For residential development, the density will have no more than - dwelling units/acre. For commercial or industrial development, there will be a maximum of % square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval ofthe utility connection: SNLLE FAnry MOME / (0OSAFT. LIvi6 AREA fon Crite lalocle WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that applyi water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution oft this agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision ofSewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution ofthis Agreement and payment of all fees, costs, and expenses associated with the provision oft the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, ifthe Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform thc necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out ofor resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as ofthree (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All ofthe terms of this Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws ofthe State of Florida. D. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific pertormance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event oft breach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations oft the parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last of the foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] OWNER: GAEEN EAMPOAEMMATLAG. 1 Name Printed: Tor TEGINEN STATE OF FLORIDA COUNTY OF thglasd The foregoing instrument was acknowledged before me by means of Y physical presence or online notarization, this 28 day of dypul 2025, by Boi Mien gleplen who is personally known to me or who produced as identification. My commission expires: Binshane (NOTARY SEAL) Notary Public Signature him Shards Notary Public Print Name KIM SHANDS MY COMMESONEHREDET December 7, 2028 EXPIRES: 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk EXHIBIT A LEGALI DESCRIPTION C-18-34-29 / L(o - 00 20 - 0120 SESMNG GMOENS PER P6- 2-P6 G-6 LoT 12 BLU 2 7 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL: 33870-3702 DECLARATION OF COVENANTS SRebrg Garden Grenbrovs Development LL a Florida limited liability company or 0 corporation (herein called "Declarant") is the simple of certain real property (herein called the "Property"), located at 2l22 in Highlands County, Florida, more Lust particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: water service a fire hydrants D fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation ofthe Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. If annexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforçeable by the City of Sebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any ofthe services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaration forhe Deglarant and that it is fullyenforceable under its terms Dated this & day of Apn) 20 Declarant: Ganbryp Derdopmeuc Two Witnesses: a Florida (imited liability company or a corporation MROrkl By: (Printed Name) EATHEZ B DAKLE4 Printed Name: £ RENEECGIGN Title: M ANA G Sum A Shar (corporate seal) (Printed Name) hahas STATE OF loRid COUNTY OF The foregoing,nstrument, was acknowledged before me by means of 4 physical presence or. D online notarization, this 26 day of Lym 3925: by - D4 no as (title) - (nage) A of E - L a Florida e limited liability tompany or a corporation, who is personally known to me or produced as identification. Return to: bans Sharol City of Sebring Utilities Dept. Notary Public 321 NI Mango Street Commission No Sebring. FL: 33870 (affix notarial seal) KIM SHANDS MY COMMISSION # HH610647 EXPIRES: December 7, 2028 SEARCH Go Parcel C-18-34-29-110-110-0020-0120 2622 LAUREL ST SEBRING, FL 33870 Owners: GREEN GROUP DEVELPOMENT LLC Mailing Address 3389 SHERIDAN DT SUITE 264 HOLLYWOOD, FL 33021 DOR Code: 00 - VACANT Neighborhood: 1129.00 - SEBRING GARDENS Millage: 40 - County Southwest Water Map ID: 68B Legal Description SEBRING GARDENS PER PB 2-PG 6 LOT 12 BLK2 ATTACHMENT3 2626 LAUREL ST UTILITY: SERVICESAGREENENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 28 day of AC 2025 b> by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the GALE OPDEMET CCC whose mailing address is: 338 9 SMEMDAN ST.$ #26"1 Kouywoo ft. 33021 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 2626 LAMLEC ST. SEBAING FL. 3783 70 with parcel identification number C-1-34-29-7 7(0 - C020-010 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and 0-15 WHEREAS, the Property is acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) residential, commercial, industrial. For residential development, the density will have no more "than - dwelling units/acre. For commercial or industrial development, there will be a maximum of square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: SELE FAMICI MOME loo.SfT. LIVING AEA. Concvete block WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and 1 WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution ofthis agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision ofSewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution ofthis Agreement and payment of all fees, costs, and expenses associated with the provision oft the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, if the Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section. 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City of Sebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as oft three (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10. - Miscellaneous. 3 A. All ofthe terms of this Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. D. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event ofb breach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations of the parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last of the foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] Gap DEVELOR ETuC. OWNER: GIéEN FOIMEMERIEMAN Name Printed: STATE OF FLORIDA, . COUNTYOF Hagklaadke The foregoing instrument was acknowledged. before me by means of % physical presence or online notarization, this 26day of lpu - A 2025, by RDi Mengel gABL who is (personally known to me or who produced as identification. My commission expires: A Shard (NOTARY SEAL) Notary Public Signature KimShands KIM SHANDS Notary Public Print Name MYCOMMISSIONEH HH610647 EXPIRES: December 7,2 2028 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk EXHIBIT. A LEGALI DESCRIPTION C-18-S4-27-110 / 0020-0110 SEBKING GARDENS / Per PB 2-PG6 LoT (L BLU 2 7 Prepared! by: Robert S.S Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL33870-3702 DECLARATION OF COVENANTS Sebying Gucess Greer Govp Development LIGa Florida Kimied liability company or a corporation (herein called Declarant") is the bwner in fee Simple of certain real property (herein called the "Property"), located at 26 26p VC f in Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for ther right for the Property to pay for and receive the service(s) checked below from the City of Sebring: water service 0 firel hydrants a fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest ofthe City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation ofthe Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. Ifannexed, Declarant consents to all appliçable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City of Sebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any ofthe services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaration fpr the Deglarant and that iti is fully enforceable under its terms Dated this 28 day of Aprl 20 Declarant: Gren Gove Two Witnesses: Datigpretuc a Floridal limited liability compaary or a corporation P Ouklly By: (Printed Name) HEHTHEK R. Printed Name: EN GE LGA ETA Title: MAMAZEA PHELy hA Sharts (corporate seal) (Printed Name) ShAACES STATE OF o/L COUNTY OF The foregoing instrment was acknowledged before me by meags of physical presence or online notarization, this 28 day of 0 - > by (name) ( à enge A as (titie) A A K & e a Florida limited liability company or corporation, who is personally known to me or produced as identification. - Return to: of Sebring Utilities Dept. Public KiSano City Notary 321 NI Mango Street Commission No.: Sebring, FL 33870 (aflix notarial seal) KIMS SHANDS MYC COMMISSION#! HHE 610647 EXPIRES: December 7, 2028 a SEARCH Go Parcel C-18-34-29-110-110-0020-0110 2626 LAUREL ST SEBRING, FL 33870 Owners: GREEN GROUP DEVELPOMENT LLC Mailing Address 3389 SHERIDAN DT SUITE 264 HOLLYWOOD, FL 33021 DOR Code: 00 - VACANT Neighborhood: 1129.00 - SEBRING GARDENS Millage: 40 - County Southwest Water Map ID: 68B Legal Description SEBRING GARDENS PER PB 2-PG 6 LOT 11 BLK 2 ATTACHMENT 4 718 MEMORIAL DRIVE UTILITY: SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement")i is made and entered into this 24 day of zri 202 5by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870: (the "City") and: Suncise Seamer LLC whose mailing address is: 1931 Loekeview A Sebis fL 3387d (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 7 eme 2/ , 4 > ebA EL 3787 with parcel identification number, 34 Z. 0 Dr C0I0-0070 as more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and 1 C D A 6lmduaik land WHEREAS, the Property is 6 1 acre(s) in size; and ac ras WHEREAS, the Owner seeks to develop the Property as (circle each that applg)résidential, commercial, industrial. For residential development, the density will have no more than / dwelling units/acre. For commercial or industrial development, there will be a maximum of square, feet ofbuilding(s); and e KES as +6 - 2441 WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility çopnectiory: Exs tias ESIden 7A 4 - Block Home WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) V water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution ofthis agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section I- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution ofthis Agreement and payment of all fees, costs, and expenses associated with the provision of the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, if the Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advançe all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7-1 Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as ofthree (3) days after the date of mailing or, ifdelivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All ofthe terms ofthis Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. D. The headings oft this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief(either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event of breach, whether actual or anticipatory, oft this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations ofthe parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last of the foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] OWNER: NamePrinted: APRON SENKZNS STATE OF FLORIDA COUNTYOF hghlanok The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this 2yday of Apak 2025, by AAbn Jenkins who is personally known to me or who cproduced . DGuers Cicenso as identification. My commission expires: : A Sareks (NOTARY SEAL) Notary Public Signature Kim Shands Notary Public Print Name KIM SHANDS MY COMMISSIONE # HH610647 EXPIRES: December 7,2 2028 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk 6 EXHIBIT A LEGALI DESCRIPTION 7 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL: 33870-3702 DECLARATION OF COVENANTS lhke Sebriny Somner hLp a Florida.y-timited liability company or Sunrise a corporation (herein called Deçlarant") is the owner in fee simple of certain real property (herein called the "Property"), located at 2M6 5 74 in Highlands County, Florida, more particularly described on' Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: A water service D fire hydrants a fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation of the Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. Ifannexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City ofSebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any ofthes services. Thej person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaration for the Declrant and ghat it is fully enforceable under its terms Dated thisz4 day of %A pri 20 25 Declarant: Senrhie Witnesses: Smner Two LKL al Florida &rtimited liability company or 0 corporation - GuAf By: (Printed Name) - - CSCH Printed Name: Aake jeannc. AAROU SENKIA'S Title: MGE (corporate seal) Sem SRos (Printed Name) Iy Shunds STATE OF ode COUNTY OF CLroto foregoing, jpstrument was acknowledged before me by means of N physiçal presence or online notarization, this 2Ve day of & 2025, by (name) Aoror epkins as (title) O of SM se 54wwe a Florida limited liability company or corporation, who is personally known to me or produçed PLpDyes VORK asi identification. Return to: Sasot of Utilities Dept. Kun City Sebring Notary Public 321 NI Mango Street Commission No: Sebring, FL 33870 (arms ptarial seal) KIM SHANDS MY COWMSSION#HH61087 EXPIRES: December? 7, 2028 4/24/25, 2:17 PM C11428010.0010000 - Highlands County Property Appraiser SEARCH Go Parcel C-11-34-28-010-010-0010-0070 718 MEMORIAL DR SEBRING, FL 33870 Owners: SUNRISE SUMMER LLC Mailing Address 1931 LAKEVIEW DR SEBRING, FL: 33870 DOR Code: 01 - SINGLE FAMILY Neighborhood: 3120.00 - LAKE SEBRING NORTH Millage: 40 - County Southwest Water Map ID: 46C Legal Description UNIT NO 1-LAKE SEBRING COUNTRY CLUB LOT 7 BLK 1 htps-Nwhopao.orgSaarckParal28941101000100070C 1/5 ATTACHMENT 5 5084 MOSS HAMMOCK TRL UTILITYSERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 1Z day of APEIL 2025 by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City")and: 2CKC Suoeness L. whose mailing address is: J68. moss MAMMQE TRL. SOBEEKL 3387 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at ross mosr AAAGDE KL. SGSCING with parcel identification number 4 28 28700.0000 0120 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 3 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) residential, commercial, industrial. For residential development, the density will have no more than - dwelling units/acre. For commercial or industrial development, there will be a maximum of 7 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility connection: - FAMILS 7Yoms WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code, and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution of this agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution of this Agreement and payment of all fees, costs, and expenses associated with the provision of the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, ifthe Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Exterd Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All of the terms of this Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective suçcessors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State ofFlorida. D. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event of breach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations ofthe parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last ofthe foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow) 4 [OWNER SIGNATURE PAGE] OWNER: NameFrinted: 10267 hers PESASNT STATE OF FLORIDA COUNTY OF hgllanso The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 17 day of Oyl 2025, by uluy who is persohally known to me or who produced as identification. My commission expires: Shana (NOTARY SEAL) Notary Public Signature mShands KIM SHANDS Notary Public Print Name MYCOMMISSIONI HH610647 EXPIRES: December 7, 2028 5 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL 33870-3702 DECLARATION OF COVENANTS osc Hammack dJ Darkur - 1hrpMseS, Inc a Florida 0 limited liability company or corporation (herein called Declarant" he owner, in fee simple pt certain real property (herein called the Property"). located at * AC fi Highlands County, Florida, more particularly described on Schedule A' attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: water service D fire hydrants 0 fire protection service Declararft hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation of the Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. Ifannexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City ofSebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City ofSebring is willing to provide anyo ofthe services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaration, for the Dedarantand that iti is fully epforceable under its terps Dated this dayo of L 20 a JAN Aw 1v Declarant: Enkrpngs,hnc Two Witnesses: a Florida a limited liability company orlcorparation By disll ROakl (Printed Name) EATER Frinted'Name € 0 X RERSL - DALLEY Title: 224 7 - - M (corporate seal) - Sayda (Printed Name) Sim la han7s STATE OF - COUNTY Apad OF The foregoing, instrument was acknowledged before me by means of M physiçal presence or online notarization, this day of 2025. by (name) AAl / as (title) of Poul L - C ato R a Florida a limited liability company or % (orporalion, who is personalgy known to me or produced as identification. Return to: Utilities Simshank City of Sebring Dept. Notary Public' 321 NMango Street Commission No.: Sebring. FL: 33870 (aflix notarial seal) KIM: SHANUS MY COMMISSION # HH610647 EXPIRES: December 7, 2028 : - 4ILI 14D, 4.43 r ACAVAwwwIAV Hignianas county Propeny Appraiser SEARCH Go Parcel C-34-34-28-100-100-0000-0120 5084 MOSS HAMMOCK TRL SEBRING, FL 33872- Owners: J +, J PARKER ENTERPRISES INC Mailing Address 5068 MOSS HAMMOCK TRL SEBRING, FL 33872 DOR Code: 00 - VACANT Neighborhood: 3743.00 - MOSS HAMMOCK Millage: 40 - County Southwest Water Map ID: 27D Legal Description MOSS HAMMOCK PB 16 PG 88 LOT 12 tne : hananar henan Coareh/DA arnal/28242A1 1n0000001900 1/2 ATTACHMENT 6 5088 MOSS HAMMOCK TRL UTILITYSERVICES AGREEMENT This UTILITY: SERVICES AGREEMENT (the "Agreement")i is made and entered into this 77 day of APRIZ 2025, by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring. Florida 33870 (the "City") and: AKKGX GRISEREsES ING whose mailing address is: Ja68 mass NAMEOCK TRL SORRING AL, 3582L (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 088 mass MRAmOCE TKL. SABKING with parcel identification number L. 24. 75: 28. Lo 2. 0000-0110 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) residential, commercial, industrial. For residential development, the density will have no more than A Adwelling units/acre. For commercial or industrial development, there will be a maximum of NA square feet oft building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: SIMECS AMKES a mo WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code, and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution of this agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution ofthis Agreement and payment of all fees, çosts, and expenses associated with the provision of the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, ifthe Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All of the terms ofthis Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State ofFlorida. D. The headings of this Agreement are for reterence only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief(either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event of breach, whether actual or anticipatory, of this Agreement. In the event ofa any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations ofthe parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last ofthe foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow) 4 [OWNER SIGNATURE PAGE] OWNER: Name-Printed: 2ASFROrEN CODKENT STATE OF FLORIDA COUNTY OF Hpalase The foregoing instrument was acknowledged before me by means of K physical presence or gnline notarization, this 17 day of dpul 2025 by AL PulceE who is pérsénally known to me or who produced as identification. My commission expires: 4 Shart (NOTARY SEAL) Notary Public Signature Kim Shands Notary Public Print Name KIM SHANDS MY COMMISSIONEHHGIDA EXPIRES: December 7,2 2028 5 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL 33870-3702 DECLARATION OF COVENANTS Moss Mammock 2J Parke Etrpngs Inc a Florida 0 limited liability company or 6 corporation (herein called "Declarant) the owner in. fee simple ofçertain real property (herein called the Property"), located at 50 55 - 3 55 Trn Highlands County, Fiorida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay: for and receive the service(s) checked below from the City ofs Sebring: water service 0 firehydrants a fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation ofthe Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. Ifannexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable byt the City of Sebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any oft the services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaratign fgr Fe Deglarant and that iti is fully enforceable under its terms Dated this day of Apal 20 Declarant: dM Pavlu Enkerpisesnc Two Witnesses: a Florida 0 limited liabilitylcompany orcorporation- s A ly By (Printed Name) HEATHR AKLE Printed] Name: - 702ATP ZALOK Title: Pe6s087 MA (corporate seal) Shunk (Printed Narhe), Kimshands STATE OF La ) dude COUNTY OF The foregoing jnstrument was acknowledged before me by means of 1 physical gresence or online notarization, this day of 2025 by (name) a as (title) of / 1 C a Florida a limited liability company or cérporatiol, who is personally known to me or produced as identification. Retum to: Shards City of Sebring Utilities Dept. Notary) Public chan 321 N Mango Street Commission No.: Sebring, FL: 33870 (aflix nolarial seal) KIM SHANDS MYCOWMSSIONEHHELRT EXPIRES: December 7, 2028 4141/45, 2:bb PM -AGWWTV Hignianas county Property Appraiser SEARCH Go Parcel C-34-34-28-100-100-0000-0110 5088 MOSS HAMMOCK TRL SEBRING, FL 33872- Owners: J + J PARKER ENTERPRISES INC Mailing Address 5068 MOSS HAMMOCK TRL SEBRING, FL 33872 DOR Code: 00 - VACANT Neighborhood: 3743.00 - MOSS HAMMOCK Millage: 40 - County Southwest Water Map ID: 27D Legal Description MOSS HAMMOCK PB 16 PG 88 LOT 11 Hh hne e thananar hennn nrn /Coareh/D. 0l/28343 241 in nnn1 1/2 ATTACHMENT 7 5096 MOSS HAMMOCK TRL UTILITYSERVICES AGREEMENT This UTILITYSERVICES AGREEMENT (the "Agreement") is made and entered into this 2Zday of APRIC 202, by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: REKC GSEPATGS LNs whose mailing address is: S6P mass SRAMOCE LEOReC AL Id22 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at Jo86mac NAMEIOCE eL. SaSEINE with parcel identification number < 4. RV 28-130 :0000- 0080 as more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and WHEREAS, the Property is 1 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) residential, commercial, industrial. For residential development, the density will have no more than MA dwelling units/acre. For commercial or industrial development, there will be a maximum of N/R square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: NCPARARE WHEREAS, the Property is located outside the City'sboundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations nereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and - WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution of this agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution oft this Agreement and payment of all fees, costs, and expenses associated with the provision of the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under appliçable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, ifthe Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, retumn receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENTTHE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section IO - Miscellaneous. 3 A. All oft the terms ofthis Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceablel by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. D. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specifiç performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event of breach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations of the parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last ofthe foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow) 4 [OWNER SIGNATURE PAGE] OWNER: Name Printed: 3J 16225- Re ASKOENT STATE OF FLORIDA COUNTY OF Ahghlarda The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this I day of Gul 2025, by - 1 L oelcy who is (personally known to me or who produced as identification. a My commission expires: cKins Shards (NOTARY SEAL) Notary Public Signature kim Shands Notary Public Print Name KIM SHANDS MY COMMISSIONEHH6108T EXPIRES: Decamber 7,2028 5 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL 33870-3702 DECLARATION OF COVENANTS Aloss Hammuce A Inc, a Florida 0 limited liability company or farur Enkrpases Xcorporation (herein called "Declarant" the owner fee simple of ceptain,real property (herein called the Property"), located at D Mm C h / fn Highlands County, Florida, more particularly described on Schedulé "A" attached hereto. For good and valuable consideration, and in exchange for the right fo! the Property to pay for and receive the service(s) checked below from the City of Sebring: water service 0 firel hydrants 0 fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits ifand when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City ofSebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation ofthe Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. Ifannexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City of Sebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any oft the services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declarationpc the Delarant and that it is fillyenforceable under its terms Dated this 'day of Apr 20 05 Declarant: wwYB Enlerpnss, Inc Two Witnesses: a Florida a limited liability company or corporation dhR.Onkl By (Printed Name) HENTHER R. CAELe Printed Name: C Title: 2 A a (corporate seal) bim (Printed Name), yp SaM STATE OF 4oBic COUNTY OF The foregoing insffument was acknowledged before me by means of physiçal presence or online notarization, this day, of 214 & 2025. by (name) 6 S as (title) of - - a Florida a limited liability company or e Ucorpoftion! who is personally known to me or produced as identification. Retum to: kimslassk City ofSebring Utilities Dept. Notary Public 321 NI Mango Street Commission No.: Sebring. FL 33870 (aflix notarial seal) KIM SHANDS MYCOMMISSIONA # HH610647 EXPIRES: December 7, 2028 4121/25, Z:10 PM *DIWwwNe Hignianas county Property Appraiser SEARCH Go Parcel C-34-34-28-100-100-0000-0090 5096 MOSS HAMMOCK TRL SEBRING, FL 33872- Owners: J +. J PARKER ENTERPRISES INC Mailing Address 5068 MOSS HAMMOCK TRL SEBRING, FL 33872 DOR Code: 00 - VACANT Neighborhood: 3743.00 - MOSS HAMMOCK Millage: 40 - County Southwest Water Map ID: 27D Legal Description MOSS HAMMOCK PB 16 PG a LOT 9 htines than /Soareh/Darr2824741000nnnnnnnnone 1/2 ATTACHMENT 8 Parcel C-34-34-28-100-100-00A0-0000 20 UNIT TOWNHOME VILLAS/MOSS HAMMOCK TRL UTILITYSERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the Agreemen!") is made and entered into this/2 day of APRIL 202_C,b by and between the CITY OF SEBRING, - a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: AACc VGRPISE IG whose mailing address is: Josfmass HAMMOCK IKL CGBEINGEC 33822 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at MAMAIOCE RO ass NAMMOCE RLSGSKNG with parcel identification number G.74. 34 2P-100-0080 à 0000 as more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and WHEREAS, the Property is 4.57 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) residential, commercial, industrial. For residential development, the density will have no more than 5 dwelling units/acre. For commercial or industrial development, there will be a maximum of A square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: sa 12N217 ZowpNomG VILLAS WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision ofu utility service to the Property; and WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution ofthis agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision ofSewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution ofthis Agreement and payment ofall fees, costs, and expenses associated with the provision of the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, if the Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City of Sebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgmment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, retumn receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, ifdelivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENTTHE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT: TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All of the terms of this Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws ofthe State of Florida. D. The headings ofthis Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event ofbreach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations ofthe parties. There are no promises, terms, conditions, or allegations other than those çcontained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last of the foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow) 4 [OWNER SIGNATURE PAGE] OWNER: Name Printed: oprohes - PLGroG STATE OF FLORIDA COUNTY OF Aphlane The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 17 day of Opail 2025, by Jebbuy olcuc who is personally known to me or who produced as identification. My commission expires: Shasdb (NOTARY din SEAL) Notary Public Signature kimShands Notary Public Print Name KIM SHANDS MY YCDMMESONEFHELST EXPIRES: December? 7,2 2028 5 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue 100-0A0 - Sebring, FL 33870-3702 C-34-34-28- DECLARATION OF COVENANTS o0ok Moss Hammok JJ PatarEnkrpnses, Inc a Florida a limited liability company or corporation (herein caled "Declarant") islthe owner in'f fee simple of certain real property (herein called the Property"), located at Ss Eadrus rpu rkeel) in Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the rightf for the Property to pay for and receive the service(s) checked below from the City ofSebring: water service 0 fire hydrants D fire protection service Declaranfhereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest ofthe City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation of the Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. Ifannexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City ofSebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any ofthe services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declarationprthe) Declarant and that iti is fullyenforceable under its terms Dated this - day of Aprl 20 f Declarant: Inc Two Witnesses: J4JEnkrpnces, a Florida a limited liability company or corporation By dhLR0y (Printed Name) HEATHE R. OAELEy Prihted_Name: ES EAEES Title: : u Sak (corporate seal) (Printed Nare), imshands STATE OF OF oyids COUNTY hgh aot The foregoing, instrument yas acknowledged before me by means of) a physicg presence or online notarization, this_ 7, day of : 2025. by (yame) aulcer as (title) of AA à * ML a Florida a limited liability company or corporkion, who is personally known to me or - produced as identification. Return to: Shar City of Sebring Utilities Dept. Notary Public cbns 321 NMango Street Commission No. Sebring, FL: 33870 (affix notarial seal) KIM SHANDS MY COMMISBONPHHEID87 EXPIRES: December7,2028 SEARCH H/7las Go Recvd Parcel C-34-34-28-100-100-00A0-0000 Owners: J +. J PARKER ENTERPRISES INC Mailing Address 5068 MOSS HAMMOCK TRL SEBRING, FL 33872 DOR Code: 99 - NON-AG ACREAGE Neighborhood: 3743.00 - MOSS HAMMOCK Millage: 40 - County Southwest Water Map ID: 27D Legal Description MOSS HAMMOCK PB 16 PG 88 TRACTS A +E B Ape s * E Value Summary Total Building Value $0 Total XF Value $0 Total Land Value $55,020 Total Land value - Agri. $55,020 Income NA Total Classified Use Value $55,020 Total Just Value $55,020 ATTACHMENT9 5100 MOSS HAMMOCK TRL UTILITYSERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 17 day of APKIL 2025 by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida33870 (the "City") and: SEKGK GAIKRPRIGS INc whose mailing address is: 3268 mss MRMAGE RIRACRERZ (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at F7ad 255 MAMMORE TRL. fGKKLNg with parcel identification number C. 4 34. 28-100 - 0000 - 0ORO as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 3 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) residential, commercial, industrial. For residential development, the density will have no more than Adwelling units/acre. For commercial or industrial development, there will be a maximum of AA square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval ofthe utility connection: SNs6 EMM - - noms WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property: and WHEREAS, in consideration of the City providing (check each that apply) water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution ofthis agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution of this Agreement and payment of all fees, costs, and expenses associated with the provision of the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, if the Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension ofutility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members of the City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector' 's reçords for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All oft the terms of this Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective suçcessors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws ofthe State ofFlorida. D. The headings ofthis Agreement are for reterence only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event oft breach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorey's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations ofthe parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last of the foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow) 4 [OWNER SIGNATURE PAGE] OWNER: Name Printed: . Zo2oRES PSSOGNT STATE OF FLORIDA COUNTY OF Hhgalas The foregoing instrument was acknowledged before me by means of Y physical presence or online notarization, this 17 day of 2025, by 1 Opl PoLs dy who is personally known to me or who produced as identification. My commission expires: Kengaida (NOTARY SEAL) Notary Public Signature Kim Shands Notary Public Print Name KIM SHANDS WYCOMMSSINAHKGDST EXPIRES: December7,2028 5 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL3 33870-3702 DECLARATION OF COVENANTS yMuss Mamnck S4J Enterprses, nc a Florida a limited liability or hrlur company corporation (herein called "Declarant") IS the owner in fee simple of geal property (herein called the Property"). located at 10o MoSSE M A ET C Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: water service 0 fire hydrants a fire protection service Declaran! hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation ofthe Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. Ifannexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City ofSebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any of the services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaration fgr the Deglarantand that iti is fillygnforceable under its terms Dated this day of 2 - 20 Declarant: her Two Witnesses: Exkrpisesc a Florida a limited liability company or corporation G. By HG Dallg Printed Name) HATH . CAFLEY Prinred Name: - 167P6P A PRPKK Title: A 5 ML (corporate seal) Shark (Printed Name mShands STATE OF lonid COUNTY OF of The foregoing instrument was acknowledged before me by means of - physica) presence or online notarization, this day of ) ) 2075, by (name) L MA CLR as (title) of CAA ( ak - Iy C al Florida a limited liability company or corporktion, 8ho is personally known to me or produced as identification. Return to: Shan of Utilities chus City Sebring Dept. Notary Public 321 NI Mango Street Commission No. Sebring, FL: 33870 (aflix notarial seal) KIM SHANDS MYCOMMISSIONE HH610647 EXPIRES: December 7, 2028 4121/25, 2:75 PM -34-34 4 28-1UU-UUUU-UUGU Hignianas county Property Appraiser SEARCH Go Parcel 0343428100.0000 5100 MOSS HAMMOCK TRL SEBRING, FL 33872- Owners: J + J PARKER ENTERPRISES INC Mailing Address 5068 MOSS HAMMOCK TRL SEBRING, FL 33872 DOR Code: 00 - VACANT Neighborhood: 3743.00 - MOSS HAMMOCK Millage: 40 - County Southwest Water Map ID: 27D Legal Description MOSS HAMMOCK PB G LOT 8 httne e tha anar hennn h/D al/9824341 1nnnnnnnnane 1/2 ATTACHMENT 10 6541 RAJOL DRIVE UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this22ltay of Cypis - 2025 by and between the CITYOFSEBRING, a Florida municipal corpération, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: Raymundo mplaks Delia Palacfre whose mailing address is: 16lLe Tirdian De,Seba 33875 (collectively, the "Owner"). Recitals WHEREAS, the Owner, owns certain real property located at 6541 Rayl AR with parcel identification number C-1& - 35- 29-030 -0000 - 0090 as more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and WHEREAS, % the Property is acre(s) in size; and C WHEREAS, the Owner seeks to develop the Property as (circle each that apply) residential, commercial, industrial. For residential development, the density will have no more than - dwelling units/acre. For commercial or industrial development, there will be a maximum of square feet oft building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval ofthe utility connection: Sindle 1/4 h ana WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and 1 WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution ofthis agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at thel Property (the "Services") upon execution of this Agreement and payment of all fees, costs, and expenses associated with the provision ofthe Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, if the Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9- Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All ofthet terms ofthis Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by thej parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. D. The headings oft this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event of breach, whether actual or anticipatory, oft this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations oft the parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last ofthe foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] OWNER: Repaale Ropllanles Name Printed: Deic aioPlfer t STATE OF FLORIDA COUNTY OF Hgalardle The foregoing instrument was acknowledged before me by means of K physical presence or online notarization, this 22rday of U 2025, by Raypundo horales 1 Aua Palcfox who is personally, known to mé or" who produced ALDrYS hcesso * maxico Icca as identification. My commission expires: din Sarot (NOTARY SEAL) Notary Public Signature KimShards Notary Public Print Name KIM SHANDS MYCOUMISSIONE # HH610647 EXPIRES: December 7. 2028 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk EXHIBIT A LEGALI DESCRIPTION 7 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL: 33870-3702 DECLARATION OF COVENANTS Herowpnt SUBDIVISION: Lale Charht Anua laynudoMaakd Chve nel Delis PAlA Ca Saskaaglo is/are the oyner(s) in fee simple vof certain real property (herein called the "Property"), located at 14577 in Highlands County, Florida, more particularly described om'Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: water service D fire hydrants L fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City ofs Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation of the Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. If annexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable! by the City of Sebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid so long as the City of Sebring is willing to provide any of the services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable under itst Dated of Apil 2025 DECLARANT: a Bly Signature: Motles Withess Printed Name: Morees. Bl himBas Signature: Dekes Palufer Witness Printed Name: 21. Palckor STATE OF COUNTY OF Flaidaa The foregoing instrument wàs acknowledged before me by means of SFphysical presence or D online notarization, this 2-day of a 21A L 20 as by Baymundo Chaws 1 Deha Lozeda who D is/are personally Hown to me or produced mevi C Tokads asi identification. Return to: Sharob City of Sebring Utilities Dept. 321 NMango St CompmistiARoo.: Sebring, FL: 33870 WCMMESIAPNEEiN çal) EXPIRES: December 7, 2028 4/22/25, 5:01 M BADAVwRO Hignianas Lounty Property Appraiser SEARCH Go Parcel C-18-35-29-030-030-0000-0090 6541 RAJOL DR SEBRING, FL 33875- Owners: CHAVEZ RAYMUNDO MORALES + LOZADA DELIA PALAFOX Mailing Address 1616 INDIAN DR SEBRING, FL 33875 DOR Code: 00 - VACANT Neighborhood: 1163.00 - LAKE CHARLOTTE AREA Millage: 40 - County Southwest Water Map ID: 71B Legal Description HERON POINT SUB PB G LOT9 H tr nes lhananar hennn Samrhoamaioatsen 2 nnonnnnonr 1/2 ATTACHMENT 11 2690 RODNEY STREET UTILITY SERVICES. AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 23 day of April 2025 by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City", and: ROnnie Canfrell Debra Cantrell whose mailing address is: 255l us Highway - 62 winchestey,on 45692 (collectively, the "Owner". Recitals WHEREAS, the Owner owns certain real property located at 2 690 Rodey Strect Seabring Flocida 33822 with parcel identification' number C- 35-34- 28 ACO- 00D0 0090 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 100'x.50 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that applyresidential, commercial, industrial. For residential development, the density will have no more than - dwelling units/acre. For commercial or industrial development, there will be a maximum of square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking, approval oft the utility connection: os - bi e one WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and 1 WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution ofthis agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision ofSewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in thel Recitals at the Property (the "Services") upon execution of this Agreement and payment of all fees, costs, and expenses associated with the provision of the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are: now existing or as may be changed from time to time. C. The Owner acknowledges that, if the Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7. - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT' THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All oft the terms of this Agreement shall bel binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. D. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event ofbreach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations ofthe parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last ofthe foregoing occurs. I. Atthe time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] OWNER: Gln Cantodl Ros Name Printed: Debra Canirell Ronnie G STATE OF FLORIDA COUNTY OF Highlancks The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this 20 day of Apu 2025, by bra aAty ell omie CAnten whg is personally known to me or who produced Dyu as identification. My commission expires: Daulle ALA 1 - (NOTARY SEAL) Notary Public Signature onieile GAARS Notary Public Print Name DONIELLE GRIFFIS MY COMMISSION# # HH: 387090 EXPIRES: April 16, 2027 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk 6 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Hmek K Slakes Rvc Lammmode Estales Kucs Lncyal Floridà D limited liability company or a corporation (herein called "Declarant") is the owner in fee simple of certain real property (herein called the "Property"), located at 2690 Rodney t in Highlands County, Florida, more particularly described on Schedule "A" attached heretd. For good and valuable consideration, and in exchange for ther right for the Property to pay for and receive the serviçe(s) checked below from the City of Sebring: a water service D firel hydrants 0 fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest oft the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation ofthe Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. Ifannexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City of Sebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any ofthe services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaration for the Declarant and that it is fullyenforceable under its terms Dated this,23 day of ORI 2025 Declarant: Hamwo ek Estates Roc,ine Two Witnesses: a Florida D limited liability company or corporation By: : Moropse X (Pringéd Name). ax ul4 Ak Printed Name: TMPEGAN % Title: BOARD VLE RESIDENT * lasb" (corporate seal) (Printed Name), Gisvana Sasiph STATE OF lorids COUNTY OF 4s IGn The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this 23y of * pril 2025 by (name) loyo mes Meren as (title) Vc4 C 1 dcat EK gf E MM2 K FSHE) - 4 a Florida 0 limited liability company or A corporation, who is personally known to me or B produced L as identification. Return to: City of Sebring Utilities Dept. NotarPuiic 321 NI Mango Street Copimission No.: Sebring. FL33870 (affix notarial scal) SAN PURK JAXSON MIGUELES Commission # HH4 490354 Expires February8, 2028 4124140, L. 1o rM CSPAPAWWWNV Hignianas county Property Appraiser SEARCH Go Parcel C-35-34-28-A00-00D0-0090 2690 RODNEY ST SEBRING, FL 33872- Owners: HAMMOCK ESTATES ROC INC Mailing Address 2688 RODNEY ST SEBRING, FL: 33872 DOR Code: 49 - OPEN STORAGE Neighborhood: 2033.20 - HAMMOCK ESTATES ROC Millage: 40 - County Southwest Water Map ID: 48C Legal Description HAMMOCK EST ROC MASTER PROP LEASE PER OR 2164-PG 1958 LOTS 9 BLK D IN S 101.4 FT OF SW 1/4 OF NE 1/4 OF SE 1/4 LESS E 130.5 FT-LESS RD R/W SLLL - a - B a a e lhan her n/Coarch/Darrolr282435A0000n0 nnonr 1/2 ATTACHMENT 12 2351 SR 17 S UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 25 day of APRIL 202 5 by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: BIRK AvD KRISTIN BECHER whose mailing address is: 3438 EREDDIE WAY, LOrRL, AVON PARK LL 33825 (collectively, the "Owner"). Recitals WHEREAS, the Owner) owns certain real property located at 2357 Si/75 AVew PMKFL 33825 with parcel identification number C- 31 33 - 29-610- 0020 - 6038 more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and WHEREAS, the Property is 0.02 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) residential, commercial, industrial. For rstdenialevelopmemnt, the density will have no more than / dwelling units/acre. For commercial or industrial development, there will be a maximum of square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: MOBILE EOME WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision oft utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) - water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and 1 WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution ofthis agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and' Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at thel Property (the "Services") upon execution oft this Agreement and payment of all fees, costs, and expenses associated with the provision of the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, if the Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Uiilities (J the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City of Sebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred ont appeai or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERAINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10-1 Miscellaneous. 3 A. All ofthet terms ofthis Agreement shall be binding upon the respective suçcessors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws ofthe State ofFlorida. D. The headings ofthis Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event ofbreach, whether actual or anticipatory, ofthis Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations ofthe parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each ofwhich when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last ofthe foregoing occurs. I. Att the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] OWNER: daR.h Kcz Name Printed: S1LK WBEGrL PRISN L hker STATE OF FLORIDA COUNTY OF hgklass The foregoing instrument was acknowledged before me by means of X physical presence pr online notarization, this 2 day of Apeil 2025, by Kirlc and Kishn beckon who is personally known to me or who produced pL MhMrs Lcehpp as identification. My commission expires: AML Sant (NOTARY SEAL) Notary Public Signature Kim Shands KIMS SHANDS Notary Public Print Name MY COMMISSIONEHHEIOBAT EXPIRES:D December7,2028 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk 6 EXHIBIT A LEGAL DESCRIPTION 7 Prepared by: Roberts S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce, Avenue Sebring, FL 33870-3702 DECLARATION OF COVENANTS Sst. SUBDIVISION: sRinwrlere Krk Beckur called "Declarant") and Kristin BckE is/are owner(s) in fee simpleef certain real property (herein called the "Property"), located at 43 / 1 in Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: water service fire hydrants D fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits oft the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation of thel Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. If annexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable! by the City of Sebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any ofthes services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable under its terms Dated this styof Apil 2025 DECLARANT: K 5 - Oalluy Signature: Witness Printed Name: KIRI LBKCKE b a , Signature: 2 54 2, Witness Printed Name: * 8- Ker STATE OF Ponch COUNTY OF lcntonds The foregoing instrumentas acknowledged before me by means oFD physical presence online notarization, this as day of Ppowe 20 S, by C VIC C ( nstn - eczoe who D is/are personally known to me or ( produced yu Ls uCww as identification. - &. - 0 Retum to: nul A City of Sebring Utilities Dept. Notary Public 321 NMango St Commission No.: HH387016 Sebring, FL 33870 (affix notarial seal) DONIELLE GRIFFIS MY COMMISSION# # HH 387090 EXPIRES: April 16, 2027 4/45/25, 9:55 AM AISIVwAwA Hignianas County Property Appraiser SEARCH Go Parcel C-31-33-29-010-010-0020-0020 2351 SR 17 S AVON PARK, FL 33825 Owners: BECKER KIRK + KRISTIN Mailing Address 3438 FREDDIE WAY LOT Q6 AVON PARK, FL 33825 DOR Code: 00 - VACANT Neighborhood: 2021.10 - LAKE LETTA ESTATES Millage: 40 - County Southwest Water Map ID: 66C Legal Description LAKE LETTA ESTATES SUB PB 1-PG 70 B LOT: 2 BLK2 1 Hne* tha nana - n D l/?0 2 2 2 221 1n1nn nngnnnane 1/2 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL: 33870-3702 DECLARATION OF COVENANTS SR175 SUBDIVISION: Lake lfaéslakes (herein called "Declarant") and - Kirk Behr Kistin Beckk are,tb oWI sk. fee syge real/property (herein called the "Property"), located at Pawc in Highlands County, Florida, more A particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: water service D fire hydrants a fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall bes subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation of the Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. If annexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City ofSebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City ofSebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any oft the services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable under its Dated,t thisc ETa April 2035 DECLARANT: S uR. L Onfley Signature: bra Witness Printed Name: HA AK Lu., BCHER bin Sanb Signature: La Beks Witness Printed Name: 2. - a : BecKeR STATE OF COUNTY OF 1oh0 The Epads foregoing instrument Was-arknowledged before me by means ofpp physical presençe or online notarization, this 21 day of Apu 2025, by lc and nshn bechu who a is/are personally known to me or 4 produced DAVeS heLn asi identification. Retum to: unis L NOoA City of Sebring Utilities Dept. Notary Public 3211 NMango St Commission No.: Sebring, FL: 33870 (affix notarial seal) KIMS SHANDS MY COMMISSION # HH610647 EXPIRES: December 7, 2028 414120, 1:44 PM ISS-AIVNVAA Hignianas county Property Appraiser SEARCH Go Parcel C-31-33-29-010-010-0020-0020 2351 SR 17 S AVON PARK, FL 33825 Owners: BECKER KIRK + KRISTIN Mailing Address 3438 FREDDIE WAY LOT Q6 AVON PARK, FL 33825 DOR Code: 00 - VACANT Neighborhood: 2021.10 - LAKE LETTA ESTATES Millage: 40 - County Southwest Water Map ID: 66C Legal Description LAKE LETTA ESTATES SUB PB 1-PG 70 B LOT 2 BLK2 hHtne- lhanana hr nan /Ge /Darral/70233101000r 1/2 ATTACHMENT 13 2425 SR 17 S UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this Z5 day of APNSL 2025 a by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: 6130 OCL7A Ave SEBRENh, FL.S787F whose mailing address is: Asti. Meles AM LwNEAES (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 2425 SR 17 SOUTH with parcel identification number CoL 34- 2 - 030 - 0000-0050 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is S acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that applysesidential, commercial, industrial. For residential development, the density will have no more than ( dwelling units/acre. For commercial or industrial development, there will be a maximum of Z,000 square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: House ON 3 ACRES WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and 1 WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution ofthis agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution ofthis Agreement and payment of all fees, costs, and expenses associated with the provision oft the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, if the Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all appliçable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal. or in connection with post-judgment collection) and costs arising out ofor resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations- A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9. - Defaults and Reniedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All ofthe terms ofthis Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State ofl Florida. D. The headings oft this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event ofbreach, whether actual or anticipatory, ofthis Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations ofthe parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each ofwhich when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last oft the foregoing occurs. I. Att the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] OWNER: Name Printed: AEAL Milis STATE OF FLORIDA COUNTY OF HIEIIFLANDE The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 25 day of Lar 2025, by Austin Madday who is personally known to me or who produced as identification. My commission expires: / Shanda (NOTARY SEAL) Notary Public Signature kim Shands Notary Public Print Name KIM: SHANDS MYCMAMESIOHERS EXPRES: HH610647 Docember7 r7,2028 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City. Attorney Dated: 20 ATTEST: City Clerk EXHIBITA LEGALDESCRIFTION 7 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL3 33870-3702 Sub - 178 miduc DECLARATION OF COVENANTS LLC 0 Investents of AM CenhalFIgdAL limited liability company or o corporation (herein called. Declarant") isfhe fee simple of certain real property (herein called the "Property"), located at 24a + S SR PRE in Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right forthe Property to pay for and reçeive the service(s) checked below from the City of Sebring: water service 0 fire hydrants D fire protection service Declaran/hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation ofthe Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. Ifannexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City ofSebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any ofthe services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaratign for! fhe Deçlarant and that iti is fully enforceable under its terms Dated this day oI April 20 Flovicko Declarant: Aw Invigtrents of Gentral Two Witnesses: a Florida imited liability company or D corporation By: MHRDakiey (Printed Name) EATHK B. CAFLEY Printed Name: Ashs Make Title: CNER hun Shard (corporate seal) (Printed Name) MSh ahels STATE OF Plocids A COUNTY OF hok hy d The foregoing Enstrument was acknowledged before me by means of physical presence or D online notarization, this 25 day of A 2025, by (name) Aushin / 44 D) as (title) AGy of Aw Tavestnents ot CeAta a Florida Su limited liability company or D corporation, who A is personally known to me or produced as identification. C Return to: e lat Sar City of Sebring Utilities Dept. Notary Public' 321 NMango Street Commission No.: Sebring. FL 33870 (affix notarial seal) KIMS SHANDS MYCOMMISSIONE # HH610647 EXPIRES: December 7, 2028 4/25/25, 12:04 PM CUDANAMWWPU Hignianas county Propery Appraiser SEARCH Go Parcel C-06-34-29-020-020-0000-0050 2425 SR 17 S AVON PARK, FL: 33825 Owners: AM INVESTMENTS OF CENTRAL FLORIDA LLC Mailing Address 6130 OLGA AVE SEBRING, FL 33875 DOR Code: 02 - MOBILE HOME Neighborhood: 440.00 - RURAL TRACTS IN 34/29 Millage: 40 - County Southwest Water Map ID: 67B Legal Description MIDWAY SUB PER PB 4-PG 43 LOTS 5 +6 hine lhananar hennn 164 h IDa aioXanéoonEne 11A ATTACHMENT 14 2685 SR 17 S UTILITYSERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 28 day of APkIl 2025 .? by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the." "City") and: < se ) az JorseD. Diaz,brdan biaz whose mailing address is: 5679 LEE PRie, NAB. FI 33415 (collectively, the "Owner"). Recitals WHEREAS, the Owner oyns certain, real property located at 9685 Mal Retle /7 deth dumt 91 33895, with parcel identification number C-olp : 34-27 - Olno- 0000-00 30 as more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and WHEREAS, the Property is /.51 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that appl)residential, commercial, industrial. For residential development, the density will have no more than dwelling units/acre. For commercial or industrial development, there will be a maximum of square feet ofbuilding(s); and Mo plauiy OX deidepiy attue WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: - hel 2a Kiles 54 Mas 6 206 WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply, X water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding; the City's jprovision of utility service tto the Property; and WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution oft this agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution ofthis Agreement and payment of all fees, costs, and expenses associated with the provision of the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, ifthe Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities. to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8. -) Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9. - Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All ofthe terms ofthis Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective succesSors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all partiec hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws oft the State of Florida. D. The headings oft this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event of! breach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations of the parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each ofwhich when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last ofthe foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] OWNER: Name Printed: VOSE DIA2 Joan Dicz SorgeD.Diaz STATE OF FLORIDA COUNTY OF hholaidls 0 The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 38 day of 7 2025, by Q6 a DIaz, sope Alaz ad Jord dn 16z who 1S personally known to me or who produced - DAwIH ys Le Amal as identification. - My commission expires: EMA Slaeb (NOTARY SEAL) Notary Public Signâture im Shands Notary Public Print Name KIMS SHANDS MY YCOLMESIONEREIOBAT EXPIRES: December7 7, 2028 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk 6 EXHIBIT A LEGAL DESCRIPTION 7 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL 33870-3702 DECLARATION OF COVENANTS SRI75. SUBDIVISION: uckER TosE J. DiAz (herein called "Declarant") is/are the owner(s) in fee simple of certain real property (herein called the "Property"), located at 2685 2TATE ROUTE 175, AVON FAeKA133825 in Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: & water service J fire hydrants fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, suçcessors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation of the Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. If annexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City of Sebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any ofthe services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable under its terms. Dated this Ao day of Sasch 2022 DECLARANT: 2 Signature: Hvy Witness! CMAR Medvors. Printed Name: GSE I DAE Signature: Witness Ginvanti dpnk Printed Name: STATE OF Fiocidk COUNTY OF Highlands The foregoing instrument acknowledged before me by means off physical presence or D online notarization, this 26 day of Mah 20 25, by Josc 5 Disz who D is/are personalyknown to me or 5 produced Florroa Orivac Liunse as iàentfication. A Return to: Tecnande de lt City ofSebring Utilities Dept. letary Pdlie 32.1 NI Mango St Comnuissiion No.: HH635066 Sebring, FL: 33870 (affix notarial seal) FERNANDO CA COSTA Notary Public Stta af, Florida Commission # HH 635066 My Comm. Expires Feb 2, 2029 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Tucher Jorge Danier Dicz (herein called "Declarant") is/are the owner(s) in fee simple of certain real property (herein called the "Property"), located at 2685 St Rovte 7South, ANenRark,l 3575Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: water service D3 fire hydrants D fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation ofthe Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. If annexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City of Sebring. Any box chccked abovc for scrvices not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any of the services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable under its terms. Dated this 26 day of March 2025 DECLARANT: C Signature Withess arlss Pilonno Printed Name: Janye Daniel Diaz Signature: Witness 7inhnni Aanke Printed Name: STATE OF Florida COUNTY OF Highlands The foregoing instrlment was açknowledged before me by means ofa physical presence or online notarization, this 26 day of Mavch 20 25, by Jorge Danicl Diaz who D is/are personally known to me or produced Florda Drivev License as identification. Return to: cencnela da lut City of Sebring Utilities Dept. Notary Public 321 NMango St Commission No.: HH635066 Sebring, FL 33870 (affix notarial seal) FERNANDO DA COSTA Notary Public State of Florida Commission # HH 635066 My Comm. Expires Feb 2, 2029 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL33870-3702 DECLARATION OF COVENANTS SUBDIVISION: TvcKer Jordan Diaz (herein called "Declarant") is/are the owner(s) in fee simple of certain real property (herein Called the "Property"), located at 2685 Ststc Boute 17s AUoA Fark,FL 33825 in Highlands County, Florida, more particularly described on Schedule "A" attached' hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: water service firel hydrants D fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation of the Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. If annexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City ofSebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any of the services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable under its terms. Dated this 27 day of ilanch 2025. DECLARANT: Signature: WitnessDens Midn Printed Nâme: - lan Dz Signature: A. Witness Chns Cedens Printed Namé: Jordan Doz STATE OF Flerida COUNTY OF Hightens Malon Baxk The foregoingi instrument was acknowledged before me bymeans ofil physical presence or D3 online notarization, this 27 day of Aah 2035, by IGniR2 DiRz who D is/are personahyknown to me or produced FL & as iherifcacion. Return to: Kern 200 4 bnt Cabatt City of Sebring Utilities Dept. Notary Public 321 NMango St Commission) No.: F1 5760L Sebring, FL: 33870 (affix notarial seal) KERRIAN WISDOM-CATNOTT Ple Notary Public, State ol Florida A 6 Commission# HH5 576401 My comm. expires July 29.2028 4148/45, 4:18 PM AD-RVwwV Hignianas county Property Appraiser SEARCH Go Parcel C-06-34-29-060-060-0000-0030 2685 SR 17 S AVON PARK, FL 33825 Owners: DIAZ JOSE J + DIAZ JORGE D + DIAZ JORDAN Mailing Address 5679 LEE DR WEST PALM BEACH, FL 33415 DOR Code: 00 - VACANT Neighborhood: 2021.00 - HARRY LEE - MIDWAY AREA Millage: 40 - County Southwest Water Map ID: 67B Legal Description TUCKER SUB PB 13-PG 67 LOTS 3 + 4 - d: htne-thanana hennn /Ge MiDaral/20n4n8nenennnnnnnanr 1/3 ATTACHMENT 15 779 SR 66 UTILITYSERVICES, AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 4 day of - 25 2025 > by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: Canlos AlFneJo Collazo whose mailing address is: 2497 Blua BwwTDave Sabnirs FI. 33876 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 779 SR 66 SabnINg P/ 338975 with parcel identification number C3135-24-010 - 0001- 0000 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 2.5 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) residential, commercial, industrial. For residential development, the density will have no more than 1 dwelling units/acre. For commercial or industrial development, there will be ai maximum of square feet ofbuilding(s); and conenola Ag AI Lv /Tuns C 3vi Hig 1800 SF Flcon) FAbnic WHEREAS, Owner represented that the property would be developed specifically as Floon follows in seeking approval ofthe utility connection: Munsony Gnowint f Recfing Ercawhgvs 25 wITL WA Ton Maats IF WATany FROM wall weclt To hAVa A SpGCI/ WATan SAASAL F/7oAst woll PVMP woclt HlZa 17 Vany CosTly WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) Vwater or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and 1 WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution ofthis agreement. NOW, THBREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at thel Property (the "Services") upon execution of this Agreement and payment of all fees, costs, and expenses associated with the provision ofthe Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, if the Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owncr shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7-1 Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All ofthe terms oft this Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State ofFlorida. D. The headings ofthis Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event oft breach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations of the parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last ofthe foregoing occurs. I. Att the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] OWNER: Name Printed: CAnlOSA Collazo STATE OF FLORIDA COUNTYOF hanlands The foregoing instrument was acknowledged before me, by means of physical presence or online notarization, this aday of Apnu 2022S by COros A.(0l20 who is personally known to me or who produced L 1 CUV as identification. My commission expires: Dmke : J (NOTARY SEAL) Notary Public Signature Gnilll Gnichs Notary Public Print Name DONIELLE GRIFFIS MY COMMISSION1 # HH 387090 EXPIRES: April 16, 2027 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk 6 EXHIBIT A LEGALI DESCRIPTION 7 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL: 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: SR6L Carlos Al-fredo Collazo (herein called "Declarant") is/are the simple of certain real property (herein called the "Property"), located at in Eyugyn COLp Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: water service D fire hydrants fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation oft the Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. If annexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City of Sebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any of the services. The person or persons signing covenant under the penalty of perjury that this Declaration, is fully enforceable under its terms Dated thisas day of Apal 20 25 DECLARANT: disthan 1 .( Oakley Signature: Witness Printed Name: CARlos A Collazo WAL Signature: Withess Printed Name: STATE OF I6yC COUNTY OF hc ds The foregoing instrument waslacknowledged before me by means ofEphysical presençe or online notarization, this 3 day of MEl 20c S, by fveas OICZ who L is/are personally known to me or produced AV asidentification. Retum UG to: yuul City of Sebring Utilities Dept. Notary Public ( 321 NI Mango St Commission No.: 38705 Sebring, FL 33870 (affix notarial seal) DONIELLE GRIFFIS MYO COMMISSION # HH 387090 EXPIRES: April 16, 2027 SEARCH Go Parcel C-21-35-29-010-010-0021-0000 779 SR 66 SEBRING, FL: 33875- Owners: COLLAZO CARLOS ALFREDO Mailing Address 2747 BLUE BONNET DR SEBRING, FL 33870 DOR Code: 69 - OANAMENTALSMISC Neighborhood: 450.00 - RURAL TRACTS IN 35/29 Millage: 40 - County Southwest Water Map ID: 92C Legal Description ORANGE WALK PB PG 140 SWLY 253.04 FT THEREOF AS MEAS ALONG SR 66 2.57 ACRES - * A Value Summary Total Building Value $0 Total XF Value $35,856 Total Land Value $30,326 Total Land value - Agri. $5,680 Income NA Total Classified Use Value $41,536 Total Just Value $66,182 Taxable Value Summary Total Assessed (Capped) Value $41,536 Total Exemptions $0 Total Taxable Value $41,536 Please note that property values in this office are being updated throughout the year. The final values are certified in October. Sales History Official Record Date Qualified Vacant Type Reason or or Sale Price Book Page Month Year Inst Unqualified Improved Code 2924 551 08 2022 WD Qualified Vacant 01 $100,000 2401 1078 10 2013 WD Unqualified Vacant 11 $100 2189 958 03 2009 WD Unqualified Vacant 11 $337,900 Buildings None Extra Features Unit Orig Year Code Descr BLD Length Width Units AYB % Cond Value Notes Price Cond On 0581 GRHS V 60 30 1,800.00 5.50 2022 2022 94 % $9,306 0581 GRHS V 60 18 1,080.00 5.50 2022 2022 94 % $5,584 0582 SHD HSE 168 80 13,440.00 1.95 2022 2022 80 % $20,966 ATTACHMENT 16 1519 WELLINGTON DR UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the Agreement" ") is made and entered into this 24Hhday of Apal 2025 by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: Erin Broderick whose mailing address is: 919 GreyFos Ave Sebang FL33875 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 1514 Mellininn Dr Sebpoy FL 338145 with parcel identificarion number C-01-25-28-020 O16O- 0o16 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is .35 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) residential, commercial, industrial. For residential development, the density will have no more than dwelling units/acre. For commercial or industrial development, there will be a maximum of 2128 square feet of! building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: Single Goily home blockhome WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) / water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution of this agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution ofthis Agreement and payment ofall fees, costs, and expenses associated with the provision ofthe Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, if the Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7. - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT? THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANTTO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. 3 A. All of the terms ofthis Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and theirrespective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws oft the State of Florida. D. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event oft breach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations of the parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last ofthe foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] OWNER: BiBreks Name Printed: Lrin Broderick STATE OF FLORIDA COUNTY OF Highlavk 5 The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this 29H-day of ApRil 2025, by GRIN BRodERick who 1S personally known to me or who produced as,identification. Lo / My commission expires: LAmmb (NOTARY SEAL) SNays Notary Public Signature TAMElA S. Hayes Notary Public Print Name PAMELA S HAYES Notary Pubiic State of Florida Commission # HH 355522 My Comm. Expirus May 3, 2027 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk EXHIBIT A LEGAL DESCRIPTION 7 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL: 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Lali Haven ESt. Erinl Broderick (herein called "Declarant") is/are the owner(s) in fee simple of certain real property (herein called the "Property"), located at 1519 We Miogtrn D. Sebnog,EL 33875 in Highlands County, Florida, more particularly describedon Schedule A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: a water service firel hydrants D fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring. the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation of the Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. If annexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City of Sebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any of the services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable undér its terms. Dated tbis 22 day of Worch 2025. DECLARANT: Signature: BBad Withess Printed Name: Erin Bandenck On Signature: Witness Printed Name: STATEOF Florid COUNTY OF igyloscle The foregoing instrurènt was acknowledged before me by means of M physical presence or onlinc notarization, this 254 day of phanth 2025, by Ecin Groderick who Mislare personally known to me or a produced asi identification. Return to: 9202 2RAHL City of Sebring Utilitics Dept. Notàry Public 321 NN Mango St mmiagion No. H59003 Sebring, FL 33870 Notary Public State of Florida atlix notarial seal) Rebecca L. Lowery mmu My Commission HH 590063 Expires 9/5/2028 SEARCH Go Parcel C-01-35-28-020-020-0160-0010 1519 WELLINGTON DR SEBRING, FL 33875- Owners: BRODERICK ERIN MICHELLE Mailing Address 4504 HARDER AVE SEBRING, FL 33875 DOR Code: 00 - VACANT Neighborhood: 1107.00 - LAKE HAVEN EST. Millage: 40 - County Southwest Water Map ID: 49A Legal Description LAKE HAVEN EST SEC 1 PB 7-PG 6 LOT 1 BLK 16 : ATTACHMENT 17 1801 HERON ST UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 30 day of Prrs < 202 by and between the CITYOF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerte Ave, Sebring, Flgrida, 33870 (the and: Nov 12 WV V L8o4 f HEKDN S7 whose mailing address is: S. /801 HeRow S (collectively, the "Owner"). Recitals WHEREAS, the Owner çertain real located at 801 sfwms Hevp spery with parcel identification number / / 2H 1 D10 -040-010 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 12 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) ésidential, commercial, industrial. For residential development, the density will have no more than - - dwelling units/acre. For commercial or industrial development, there will be a maximum of Z00o square feet oft building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility connection: /-FES 4 GAAA AGE E - K BAcIL 386 s EViStiag homc WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) water or sewer service to the: Property, the Owner agrees to enter into this Agreement regarding the City's provision ofu utility service to the Property; and 1 WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinançes on 202 subject to the execution of this agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees toj provide the utility services noted on in the Recitals at the Property (the "Services") upon execution ofthis Agreement and payment of all fees, costs, and expenses associated with the provision oft the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, ifthe Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may havesuch work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, exterisions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6- Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as ofthree (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10-1 Miscellaneous. 3 A. All ofthe terms of this Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. D. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event ofbreach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations oft the parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last of the foregoing occurs. I. Atthe time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] OWNER: Norb WRisec Name Printed: STATE OF FLORIPA COUNTY OF hghlonds The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this 30day of Apnce 2025 by Norbort Waibat who is personally known to me or who produced Daierstcne as identification. My commission expires: mellis Ke (NOTARY SEAL) Notary Public Signature Donlerue Gye6s Notary Public Print Name DONIELLE GRIFFIS MY COMMISSION # HH3 387090 EXPIRES: April 16, 2027 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED. AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk 6 EXHIBIT A LEGAL DESCRIPTION 7 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Sebying, Hileaike called Norb (herein "Declarant") waibel is/are the ownerf in simple of certain property (herein called the "Property"), located at 5D in Florida, more Highlands County, Berb particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: water service 0D fire hydrants D fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits if and when the City of Sebring City Council determines such annexation is in the best interest of the City. This declaration shall be considered an irrevocable petition to the City of Sebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation of the Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. If annexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City of Sebring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid sO long as the City of Sebring is willing to provide any ofthe services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable under its terps Dated this 30aay of Apal 2025 DECLARANT deMthex R.Oaklg Signature: plel Witness Printed Name: Norb : a/ AAL pilg d Signature: Witnéss h Printed Name: STATE OF Fioida COUNTY OF. L A moos - Thej foregoing instrumegtAs acknowledged before me by means of E physical presence pr online notarization, this3 day of prg 20ds by MDrRA Ail2 who D is/are personally known to me or produced. AL - Vye as ideruficahon. Return to: ull L - A City of Sebring Utilities Dept. Notary Public 321 NI Mango S Commission No.: HH670980 Sebring, FL 33470 DOMELLE GRIFFIS (affix notarial seal) MY COMMISSI ION # HH: 387090 EXPIRES: April 16, 2027 SEARCH Go Parcel C-35-34-28-010-010-0090-0110 1801 S HERON ST SEBRING, FL 33870- Owners: WAIBEL NORB Mailing Address 1801 S HERON ST SEBRING, FL 33872 DOR Code: 01 - SINGLE FAMILY Neighborhood: 1103.00 - SEBRING HILLS SOUTH WEST Millage: 40 - County Southwest Water Map ID: 48C Legal Description SEBRING HILLS SOUTH PB 8-PG 93 LOTS 11 + 12 BLK 9 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Stewart AGENDA ITEM#: 10 A - Appointment to Sebring Airport Authority BACKGROUND: Attached please find correspondence from Sebring Airport Authority, Executive Director Mike Willingham. Mr. Carl Cool's term expired on April 30, 2025. Two resumes were submitted to fill the seat. The names submitted are as follows: Carl Cool Gary Germaine Resumes are attached. Also attached is a ballot sheet to assist in filling the vaçancy. REQUESTED MOTION: No motion requested; fill vacancy as Council deems appropriate. COUNCIL ACTION: APPROVED Moved by: 3 Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER Sheet3 *Council President Stewart will instruct the City Clerk to read the names in alphabetical order. *A Councilmember may vote "yes" or "pass". *Each Councimember: has one vote per vacancy. *The candidate with the majority vote will be appointed to serve as a SAA Board member. *The process will be repeated with the name of the appointed member deleted in each subsequent ballot NOMINEE Vacancy #1 (Regular voting member) Carl Cool Gary Germiane Page 1 April 24, 2025 128 Authority Lane Scott Noethlich Sebring, FL: 33870 mlo@sbringairportcom City Administrator Tel: 863.655.6444 City of Sebring Fax: 863.655.6447 368 South Commerce. Avenue wwwsebringAirportcom Sebring, Florida 33870 Transmitted via Email, US Postal Service and in Person RE: Sebring Airport Authority Board of Directors Nomination Dear Scott: At the Sebring Airport Authority board meeting held on April 17, 2025, the following names were nominated for the seat currently held by Carl Cool. Seat: Carl Cool Nominated: Carl Cool Gary Germiane The referenced seat will be for a four-year term effective May 1, 2025 = April 30, 2029. I'm enclosing resumes for the two candidates for the consideration by Sebring City Council. Please let me know if you require further information regarding this appointment. Sincerely, Mike walingham Mike Willingham Executive Director Sebring Airport Authority MW/jto B Carl E. Cool, P.E. Professional Engineer Representative Experience Special Qualifications . Experience in storm water Highlands County Government: permitting thru SWFWMD & Assistant County Engineer: 1975 - 1980 Florida Department of County Engineer: 1980 - 1987 Environmental Protection Public Works Director: 1987 - 1991 . years' experience in: - Forty County Administrator: 1991 2008 road drainage; designing As Assistant County Engineer, County Engineer and Public roads & parking lots Works Director, I was responsible for all aspects ofthe - Designer of four major following: recreational areas in Road & Bridge Design & Maintenance Highlands County & over two Solid Waste dozen smaller parks & boat Parks & Recreation Departments ramps Specific projects worked on include the first Master Plan of the a Designed several central Max Long Recreation Complex. This design turned a single ball water utility systems & field design into a four (4) field design and then later into a six sanitary sewer systems (6) field design. The current site now has nine (9) baseball or softball fields and one (1) area for four (4) soccer fields. Professional Credentials Florida Licensed Engineer Sebring Parkway: The Sebring Parkway is the second most traveled road in Highlands County. It carries more traffic than continuously since 1976 every State Road except US 27. The original planning and site design was done by the County Engineer's office under Carl's Bachelor of Science: direction. He supervised the site corridor studies, feasibility University of South Florida studies, right-of-way surveys and property negotiations. After all permits were in hand, construction of Phase I ofthe parkway Associates of Arts: South was completed by the Road & Bridge Department. This one Florida Community College project has changed the major traffic flow ofthe City of Sebring and lead to a more accessible downtown area for Professional Organizations the City. Current member of Road Designs: For 15 years he was directly in charge of the American Society ofCivil County Road & Bridge Department. During this time, we Engineer designed and constructed over three miles of paved road each year. The roads had to be surveyed out, designed and Institute ofSteel constructed within the Board of County Commissioner's budget Construction set for road paving projects. Over one hundred different roads were paved during this time. These paved roads still serve the Sebring Sunrise Rotary citizens of the City of Sebring and Highlands County today. Club Landfill Design and Permitting: Carl obtained the first landfill Selected Rural Engineer of permit from the State of Florida for Highlands County in 1976. the year by Florida Assoc. of Since that time, he obtained over twelve (12) County Engineers & Road Superintendents for the year 1988 Carl E. Cool, P.E. Page 2 Representative Experience (continued) different landfill permits in the State of Florida. With each permit, a safe landfill design was required. There have never been any environmental problems from the operation of any of these landfills. Carl completed the Master Plan for the County Arbuckle Creek Landfill as well as the environmental permitting and construction inspection oft the site. Two solid waste transfer stations were designed, permitted and constructed under his supervision. The operation of the landfills and transfer stations has been the responsibility ofHighlands County and was either directly or indirectly supervised by Carl for thirty-three (33) years while working for Highlands County. Public Presentations: As County Administrator for over seventeen (17) years, Carl feels at home in in a large meeting setting. He has made presentations all over the Southeast and US, speaking to groups of over 300 on several occasions. Presenting ideas to City Council is a routine event for Carl. Working with City staff to develop the best ideas is an ability learned from the many years' experience gained as a government employee. Knowing how local governments work is a key asset in helping the City on projects that will arise in the future. Community Involvement: Carl is a current active member of the Sebring Sunrise Rotary Club where he has served on the Board of Directors and as President for the 2001-2002 year. He has been chairman oft the committee to design and build two different additions to the Humane Society of Highlands County. Carl has served on the Board of Directors for Highlands County United Way as well as chairman for two years. He is currently Assistant Scout Master for Troop 846 at the First United Methodist Church. He and his family are regular attendees of the Our Lady of Grace Catholic Church in Avon Park, Florida. GARY GERMAINE GERMAINE SURVEYING, INC. 3803 Kenilworth Boulevard e Sebring, FL 33870 e, Phone: (863) 385-6856 e moépemainstineyngcon As founder and President of Germaine Surveying, Inc., L. TOTAL YEARS EXPERIENCE: Gary Germaine continues his 51-year career in providing accurate, cost 51 YEARS efficient and timely survey projects. His portfolio ranges from large commercial and land development projects to smaller residential projects. EDUCATION: Attended Polk Community College, Fort Pierce Community College, Continued Educational Seminars REGISTRATION: Registered Florida Professional Land Surveyor and Mapper since 1982, license #3945 AFFILIATIONS: National Society of Professional Surveyors; Florida Society of Surveyors and Mappers; Highlands County Fair Association; Sebring Fireman Association; Sebring Historical Society; Elks Club PROJECT EXPERIENCE: SEBRING REGIONAL AIRPORT RUNWAY 1836 PROJECT, SEBRING FLORIDA: Registered Surveyor for the surveying and topographical survey, construction staking, grading and preparing final asbuilt survey. SEBRING REGIONAL AIRPORT TERMINAL PROJECT, SEBRING, FLORIDA: Registered Surveyor for surveying and topographical survey, construction staking, grading and preparing final asbuilt survey. SOUTH FLORIDA COMMUNITY COLLEGE, AVON PARK, FLORIDA: Registered Surveyor for Internal staking, grading and calculations for layout of upper supports and seating layouts for new auditorlum. SEBRING REGIONAL AIRPORT CATALYST PROJECT, SEBRING, FLORIDA: Registered Surveyor for all surveying, topographical and location of existing ponds, drains, roads for design of 25 miles of roadway and parcels. HIGHLANDS HAMMOCK STATE PARK, SEBRING, FLORIDA: Registered Surveyor for staking and grading bulldings, wetlands and parking for new campground area. WAUCHULA AIRPORT EXPANSION PROJECT, WAUCHULA, FLORIDA: Registered surveyor for Boundary and Location of improvements for expansion. mmsemantsnveamasen Fax: (863) 382-4531 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Vanessa Logsdon AGENDA ITEM#: 10 B = Proposal from Highlands Lakeside Theatre to renew Lease for the former Museum of the Arts building BACKGROUND: Vanessa Logsdon, Theatre Manager for the Highlands Lakeside Theatre, will be requesting a lease extension ofthe former Museum of the Arts (MOTA) building. The current lease expires June 24, 2025. Please find attached the following: Attachment A Request for a lease renewal Attachment B Current lease between Highlands Lakeside Theatre Inc and the City of Sebring REQUESTED MOTION: Ifa acceptable, approve a one-year lease renewal and instruct the City Attorney to amend the current lease for Council President signature. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT A Highlands Little Theatre, Inc. IGHLANDS dba Highlands Lakeside Theatre LAKESIDE THEATRE is a 501c3 not-for-profit organization Tax ID #59-2189790 Wo Rala lor Wo Celebrating 50 Years! Proposal for Lease Renewal of HLT Education Building (formerly MOTA Building) Submitted by: Highlands Lakeside Theatre Date: May 6, 2025 To the Honorable Members of the Sebring City Council, Highlands Lakeside Theatre respectfully requests the renewal of our lease for the building formerly known as the MOTA building, now serving as our HLT Education Building, for an additional year. Over the past year, this space has become an essential part of our programming and community engagement efforts. We have used the building to host a variety ofi impactful events and activities, including a successful fundraiser, educational workshops, audition preparation sessions, private singing lessons, and as a break-out rehearsal space for ongoing productions. Looking ahead, we plan to expand our use of the building to include: The 4-week Summer Theatre Institute, providing in-depth theatre training for youth in our community. Rehearsal space for the Buddy Holly band in preparation for our mainstage production. Ongoing private voice lessons supporting individual artistic growth. Costuming and technical theatre classes to develop behind-the-scenes skills. Additional programming to support our mission of providing inclusive, high-quality theatrical experiences and education. We are committed to maintaining and responsibly utilizing this facility, and we believe our continued presence supports the City's goals for community enrichment and arts access. Thank you for your ongoing partnership and support of the arts in Sebring. We would welcome the opportunity to discuss the lease extension further at your convenience. Sincerely, Vanessa Logsdon Theatre Manager Highlands Lakeside Theatre 863-382-32525 POBOx691, Sebring, FL.33871 hitscbringogmail.com ATTACHMENT B COMMERCIAL LEASE (MOTA) This is an agreement between CITY OF SEBRING, Florida municipal called "City") and HIGHLANDS LITTLE THEATRE, INC., a Florida not for corporation (herein (herein called "Tenant"). profit corporation 1. PROPERTY: LEASE AND DURATION. City hereby leases the Museum of the Arts building, which is one of the buildings located at 351 W. Center Avenue, Sebring, as more specifically depicted on Exhibit "A" attached hereto (herein called the Florida, 33870, Tenant upon the terms and conditions contained herein. The term of this lease "Premises") to beginning u lne 25 2024 and ending Quna 24 2025. is one year, 2. RENT. Tenant shall pay rent of$1.00 annually to City on the first day of January of each year during the term of this Lease. As consideration for the nominal rent, Tenant maintain the Premises as set forth in paragraph 8 below. hereby agrees to 3. EMERGENCY CONTACT. Tenant will provide City with the name and number of a contact person who shall be on call at all times to respond in case of any telephone emergency. 4. TAXES. City shall pay any real estate taxes on the Premises during the term of this Tenant shall pay all taxes incurred as a result of this Lease. Lease. 5. USE. Tenant shall use the Premises only as Tenant's art exhibition, classroom, office and storage facility. Tenant will make no unlawful, improper, or offensive use ofthe Premises. 6. OUIET ENJOYMENT. Tenant shall have quiet enjoyment of the Premises. 7. UTILITIES. Tenant shall pay, and City shall not be obligated to pay, all charges for telephone service, gas, electricity, sewer, garbage or other solid waste, water or other any or commodity procured or consumed by Tenant. IfCity pays any utility charge utility service Premises, Tenant will repay City and any amount paid by City will be deemed attributable to be additional to the rent. 8. MAINTENANCE Tenant will maintain the Premises during the term of this Lease shall keep the Premises in good order and repair at all times, will be responsible for and the maintenance, repair, and upkeep of the interior of the Premises, shall be for cleaning of the Premises, will make all other repairs necessary during the term responsible of this Lease, the including roof, ceiling, walls, electrical, the replacement of any broken glass and and plumbing systems. Reasonable repairs shall be made in a timely manner. air-conditioning refuses or neglects to make any repairs to the reasonable satisfaction ofCity within a reasonable IfTenant time after receipt of written notice of need for such repair from City, City may make such period of without liability to Tenant for any loss or damage that may occur to Tenant's repairs and Tenant shall pay City's costs for making such repairs, including City's administrative property or business Such costs advanced for repairs shall be considered additional rent and shall be due on the costs. first day of the month immediately following the advancement. City shall be responsible for the mowing ofthe lawn. 9. DRUG-FREE WORKPLACE. Tenant acknowledges that City is a Tenant covenants that all employees of Tenant working upon City property drug-free shall be workplace. subject to implementation of all possible provisions to maintain a drug-free environment and that Tenant adhere to the provisions of Florida Statute 287.087. will 10. ALTERATIONS Tenant shall make no material additions or alterations in or to the Premises without the written consent of City, which consent will not be withheld. Tenant shall be responsible for the cost of any additions or alterations made unreasonably by Tenant and shall protect and reimburse City against possible mechanics', laborers' and materialmen's liens Premises. upon the 11. HOLD HARMLESS. Tenant agrees to hold City harmless against all claims for injury, sickness, disease, death or personal injury or damage to property or loss of use resulting bodily therefrom, arising out of this contract unless such claims are a result ofthe City's sole Tenant agrees to pay the cost of City's legal defense, as may be selected by City, for negligence. all claims described in this paragraph. Such payment on behalf of City shall be in addition to and other legal remedies available to City and shall not be considered to be City's exclusive any all remedy. 12. INSURANCE AND INDEMNITY. City shall maintain fire and casualty insurance the structure located on the Premises. City shall estimate the portion of insurance on to the Premises and shall invoice Tenant quarterly for that expense. Tenant shall applicable within fourteen (14) days of the invoice. If, through no fault or negligence of Tenant reimburse City Tenant's employees, agents and invitees) the structure is damaged by fire, tornado, hurricane (including other casualty covered by the insurance and if the insurance proceeds are to do or shall apply such insurance proceeds to the repair and rehabilitation of adequate said structure. sO, City structure is destroyed by such casualty, or if the insurance proceeds are to If the rebuild, City may, at City's option, repair and rebuild the structure or terminate inadequate this Lease repair or refund Tenant any prepaid rent. Tenant shall obtain and maintain, at Tenant's expense, and the following insurance and shall not take possession hereunder until such insurance is obtained and approved by CITY: A. General Liability insurance shall be maintained by Tenant with a limit of not less than $1,000,000 combined single limit. B. Worker's Compensation as may be required by law. C. Evidence of Insurance. Tenant shall furnish the City of Sebring with certificates of insurance. The certificates are to be signed by a person authorized by the insurer to bind coverage on its behalf. The City of Sebring is to be specifically included as additional insured on all policies except workers' compensation. If Tenant is from workers' compensation requirements, they are to submit a DWC-252 Certificate exempt of Exemption Form. All certificates of insurance must be on file with and the City of Sebring before the commencement of work activities. approved by E. Contents Coverage. Tenant is encouraged to purchase contents coverage for Tenant' 's benefit. City is not providing insurance coverage for Tenant's personal property. TENANT'S LIABILITY NOT LIMITED. NOTWITHSTANDING THE PROVISIONS HEREIN, FOR PURPOSES OF THIS LEASE, TENANT THAT ITS POTENTIAL LIABILITY IS NOT LIMITED TO THE AMOUNT ACKNOWLEDGES OF LIABILITY INSURANCE COVERAGE ITI MAINTAINS NOR TO THE LIMITS REQUIRED HEREIN. 2 INVALIDATION OR CONFLICT WITH EXISTING INSURANCE Tenant shall not do, permit or suffer to be done any act, matter, thing or failure to act POLICIES: in the Premises that will a) invalidate or be in conflict with any insurance respect to Premises or any part thereof; or b) increase the rate ofinsurance on the policies covering the located therein. Ifby reason of the failure of Tenant to comply with the Premises or any property the insurance rate shall at any time be higher than it otherwise would provisions then of this Lease, reimburse City and any other tenants, on demand, for that part of all premiums be, for Tenant insurance shall coverage that shall have been charged because of such actions by Tenant. any TENANT'S NEGLIGENCE If the leased Premises or any other part of the building is damaged by fire or other casualty resulting from any act or negligence ofTenant or ofTenant's agents, employees or invitees, rent shall not be diminished or abated while such damages any are under repair. and Tenant shall be responsible for the costs of repair not covered by insurance. INDEMNIFICATION. Tenant shall, in addition to any other obligation to the City and to the fullest extent permitted by law, protect, defend, indemnify and hold indemnify harmless the City, its elected officials, employees, agents, and volunteers from and against all claims, actions, liabilities, losses, (including economic losses). costs, including attorey fees and all costs of litigation, and judgments of every name and description arising out of or incidental to the performance of this Agreement, 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 bome by Tenant. This indemnification shall also cover all claims against the City, its elected officials, employees, agents, or volunteers by any brought or anyone directly or indirectly employed by any of them. employee ofTenant, 13. ASSIGNMENT Tenant may not assign this Lease or sublet the Premises without written consent of City. the 14. REMOVAL OF PERSONAL PROPERTY UPON TERMINATION. termination of this Agreement, Tenant shall have the right and responsibility to remove all Upon personal property, including machinery and equipment, which it has installed or placed on ofits the Premises, which removal shall be accomplished no later than the termination date. Electrical and plumbing facilities, air conditioners and other permanently installed fixtures shall not considered personal property. Tenant agrees to repair any damage occasioned by reason of such be removal or damage caused by Tenant' s occupancy. In the event Tenant fails to remove its property or to repair any damage done to the Premises by the termination date, reserves personal the right to remove and store all such personal property left, at the risk and expense of City and make repairs necessary to restore the Premises, with the cost of such repairs to be fTenant, paid by Tenant. to 15. ABANDONMENT OF PREMISES BY TENANT. In case Tenant shall abandon said Premises, or any part thereof, during the term of this Agreement, City may. at its without notice, relet said Premises, or any part thereof, on such terms and for such rent as option, it deem expedient or proper. Such reletting shall not operate as a waiver of any right whatsoever may City would otherwise have to hold Tenant responsible for the rent. In case said Premises, which or part thereof, shall be relet, City shall collect that rent and, after paying the of such any and collections, apply the remainder toward the rent due or to become due expense from Tenant. reletting 16. ENVIRONMENTAL PROTECTION. Tenant will not allow any hazardous substances including without limitation, any and all pollutants, wastes. flammables. explosives, radioactive 3 materials, hazardous materials, hazardous wastes, hazardous or toxic substances and all other materials defined by or regulated under any Environmental Law, including those defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 42 U.S.C. $ 9604 (14), pollutants or contaminants as defined in CERCLA, 42 U.S.C. ("CERCLA"), $ 9604 (2), or hazardous waste as defined in the Resources Conservation and Recovery Act (A) 42 U.S.C. 8 6903 (5), or other similar applicable Federal or State Laws or regulations, ("RCRA"), to be generated, released, stored, or deposited over, beneath, or on the Premises or on any structures located on the Premises from any source whatsoever. 17. DEFAULT. The occurrence of one or more of the following is an event of default by Tenant: A. Failure of Tenant to make any payment required by this Lease when due, and the failure continues for three (3) days after written Notice of Default from City to Tenant; B. An initial failure of Tenant to comply with any obligation imposed upon Tenant by this Lease, other than the obligation to pay money, within thirty (30) days after written Notice of Default from City to Tenant. Should the obligation be such that it cannot reasonably be corrected within thirty (30) days, Tenant shall not be in default sO long as Tenant is diligently proceeding to comply and the noncompliance does not continue for over ninety (90) days after Notice of Default. A subsequent failure of Tenant to comply with the same obligation shall be a default without any grace period; C. Proceedings under the Bankruptcy Act for bankruptcy filed by or against Tenant or any guarantor of Tenant's performance hereunder and not dismissed within thirty (30) days after the filing; D. An assignment ofTenant's property for the benefit of creditors; E. A receiver, conservator, or similar officer is appointed by a court of competent jurisdiction to take charge of all or a substantial part of Tenant's or any guarantor's property, and the officer is not discharged and possession of the property is not restored within thirty (30) days; F. Tenant's interest in the Premises or under this Lease is the subject of a taking or levy under execution, attachment, or other process of law and the action is not canceled or discharged within thirty (30) days after its occurrence; G. Tenant defaults under any other lease or agreement with City. 18. REMEDIES! FORI BREACH. Ifany event of default occurs and has not been cured within the time period provided in this Lease, City may immediately or at any time thereafter do one or more oft the following: A. Remove any of Tenant's personal property from the Premises and store the same elsewhere at Tenant's expense without relieving Tenant from any liability or obligation; B. Make the Premises available to another party without liability to Tenant and without relieving Tenant from any liability or obligation to City; C. Bring an action then or thereafter against Tenant to recover the amount of any payment owing by Tenant to City as the same is due, becomes due, or accumulates; 4 D. Accelerate the rental to be paid over the entire term of this Lease and bring then or thereafter an action for said rental and all other amounts due and owing by Tenant to City; E. Terminate this Lease by giving Tenant written notice thereof, without relieving Tenant from any obligation or liability for payments theretofore or thereafter becoming due or any other present or prospective damages or sums due or provided by law or this Lease and resulting from Tenant's default; F. Terminate this Lease, relieving Tenant of any liability or obligation for any payments then or thereafter becoming due; G. Exercise any combination oft the above or any other remedy provided by law. 19. NOTICES. Whenever any notice is required or permitted by this Agreement to be given. such notice shall be by certified mail, overnight delivery or facsimile addressed to: City: Tenant: City Administrator Tom Staik, President City of Sebring Highlands Little Theatre, Inc. 368 South Commerce Avenue P.O. Box 691 Sebring, FL 33870 Sebring. FL 33871 Notice shall be considered given when deposited with the U.S. Postal Service or commercial carrier. postage prepaid, or when received by the other party if by facsimile. Each party will be responsible for notifying the other of any change in their address. 20. ATTORNEYS FEES AND COSTS. Subject to the limitations of 768.28, Florida Statules, in any action brought by either party for the interpretation or enforcement of the obligations of the other party including City's right to indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorney's fees, paralegal fees, court and other costs, whether incurred before or during litigation, on appeal, in bankruptcy or in post judgment collections. 21. ENTRY BY CITY. Tenant shall allow the City or City's agent to enter the Premises at all reasonable times and upon reasonable notice for the purpose of inspecting or maintaining the Premises or to show it to prospective Tenants or purchasers. 22. NOI LIENS CREATED. Tenant has no power to incur any indebtedness giving a right to a lien of any kind or character upon the Premises. No third person shall be entitled to any lien against the Premises or any structure thereon, derived through or under Tenant. All persons contracting with Tenant, or furnishing materials or labor to Tenant, shall be bound by this provision. Should any such lien be filed, Tenant shall have the same discharged within sixty (60) days thereafter by paying the same or by filing a bond, or otherwise as permitted by law. Tenant is not the agent of City SO as to confer upon a laborer bestowing labor upon the leased Premises, or upon a person who furnishes material incorporated in the construction of improvements upon the leased Premises, a construction lien upon City's estate under the provision of Chapter 713, Florida Statutes, or any subsequent revisions of that law. 23. RECORDING. This Lease may not be recorded without City's written approval. 5 24. SEVERABILITY Iti is the intention of both of the parties hereto that the provisions of this agreement shall be severable in respect to a declaration ofinvalidity of any provisions hereof. 25. SUCCESSORS AND ASSIGNS. Except as otherwise provided, the covenants and conditions herein shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 26. PROVISIONS OF LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this document shall be deemed to be inserted herein and the Lease shall be read and enforced as though it were included, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the lease sha!l forthwith be physically amended to make such insertion or correction. 27. TIME. Time is of the essence of this agreement. 28. MULTIPLE ORIGINALS. This agreement is executed in multiple copies. each ofwhich shall bc deemed an original. Signatures on the following page.) V DATED this day orçune) 2024. Two Witnesses as to City: CITY OF SEBRING By € 2K5Kthk (Printed ame) TfaAyHH Roland Bishop, Coulci resic a 4 Attest: e m Woln dallen Laly Mey (Printed Name) 20 Bodon allard Kathy Haley, City Clerk 11 (corporate seal) Two Witnesses as to Tenant HIGHLANDS LITTLE THEATRE, Inc., a Florida not for profit corporation 64 - (Printed Name) Ris Rccs By: Iemtslak Tom Staik, as its President deam Kallg (corporate seal) (Printed Name) Sear Kelly 7 Exhibit "A" 9 & Sp00 o Guo A e 430 a 50 60 SENO O Co 8 Rul a DE3 CPFS 8 PRR 3IO GA2 ESD GDP EE 8 8 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Swaine AGENDA ITEM#: 12 A - Resolution# 2025-07 /Public Participation Policy for City Workshops BACKGROUND: Please find attached Resolution# 2025-07 establishing a Public Participation Policy for City Workshops. REQUESTED MOTION: Approve Resolution# 2025-07 effective May 7, 2025. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER RESOLUTION NO. 2025- 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBRING, FLORIDA, ESTABLISHING ITS PUBLIC PARTICIPATION POLICY FOR CITY WORKSHOPS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a significant governmental interest in conducting orderly, efficient meetings of public bodies; and WHEREAS, City Council desires to conduct orderly, efficient meetings and workshops; and WHEREAS, meetings of public bodies are considered limited public forums under Florida law; and WHEREAS, City Council meetings and workshops are not open for endless public commentary but a limited platform to discuss the business of the City; and WHEREAS, regulations such as this Public Participation Policy have been held to be reasonable in light of the significant governmental interest in running efficient public meetings; and WHEREAS, the City Council holds public workshops where members of the public can discuss items of public importance with City Council; and WHEREAS, this Public Participation Policy is adopted to facilitate the orderly completion ofCity Council workshops. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBRING, FLORIDA THAT: 1. The above findings of fact are hereby incorporated into this Resolution. 2. This Public Participation Policy for workshops is hereby adopted. 3. Personal, impertinent, abusive or slanderous remarks are not permitted. 4. The Council President may interrupt, warn, or terminate a participant's presentation if the presentation becomes too lengthy, repetitive, personally directed, abusive, obscene, or irrelevant to City business. The Council President may request any individual that does not observe reasonable decorum to leave the City Council workshop. 5. Persons desiring to address the Council at a workshop are called forward to the podium and asked to advise whether they are City residents or non-City residents. Presenters ofa topic are permitted up to 10 minutes at the beginning of the workshop to give a presentation and 10 minutes at the end conclusion of public comment to address matters raised during the workshop. lof2 6. Members of the public are allowed 5 minutes each to provide comment and pose questions. A representative of a group on a proposition may address City Council, rather than all members of the group. 7. All questions directed to members of the Council must be addressed through the Council President. 8. Persons are advised that ift they decide to appeal any decision made at the meeting or hearing, they may need a record of the proceedings. Ifso, the individual should make provision for a transcript to be made at the meeting. (Florida Statutes, Section 286.0105). PASSED AND ADOPTED by a majority of the Sebring City Council on the 6th day of May, 2025. John C. Shoop, Mayor City of Sebring Attest: Kathy Haley, City Clerk (City Seal) 2of2 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Noethlich/Robinson AGENDA ITEM#: 13 A - Project Report BACKGROUND: West Lake Jackson Project - CivilSurv presented the 90% deliverable for Phase I at the September 3rd meeting and they are working on the 100% deliverable. Further, as an interim solution for the roadway condition. Excavation Point paved several sections oft that portion of Lakeview to smooth out the roadway. Staffi is working on obtaining easements. Eco-Park Contract has been executed, and Phase I Environmental has been completed. City is awaiting survey and appraisal. Closing date is scheduled for May 2025. Inspection period has been extended to April 23, 2025. Property should be closed on by May 6th. Potential FDOT road swap ofa portion of SR17 City, County and FDOT had a preliminary meeting to discuss and will be discussing the logistics of the swap - approximate time frame provided by the State was 1.5 2 years. FDOT has set meetings for fourth Thursday of each month. Meeting was held on February 6th and proposed roads for the roadway swap were agreed upon. Staff had a meeting on April 7th with FDOT to discuss drainage and paving. Relocation of Public Works/Utilities - Contract for land purchase approved February 4, 2025. Inspection period 90 days. Phase I Environmental is almost complete. Lakeview Watersports Agreement - has been sent to Lakeview Watersports for their review and staffi is waiting for a response. As directed by Council at their February 4, 2025 meeting, at the request of staff, Council extended the time for action on the proposed license agreement until the March 4, 2025 meeting. Lakeview Watersports has submitted propose changes for review. Purchase of building & parking lot at 126 W. Center Ave. Contract for purchase approved February 4, 2025. Inspection Period 75 days. Inspection period extended to May 23rd. Appointment for elevator assessment is scheduled for May 12th REQUESTED MOTION: None; for informational purposes COUNCIL ACTION: APPROVED Moved by: > Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTOR: Haley AGENDA ITEM#: 14A - City of Sebring Bills BACKGROUND: The bills for the May 6, 2025 meeting will be emailed to you on May 2, 2025. REQUESTED MOTION: Approve the payment of bills as presented. COUNCIL ACTION: APPROVED DENIED Moved by: : Seconded by: DEFERRED Bishop Carlisle Havery_ Kogelschatz Stewart OTHER