AGENDA ORDER AND PROCEDURE OF COUNCIL MEETING TUESDAY, JULY 1, 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: 7. COUNCILMEMBERS CONCERNS, COMMENTS, LIAISON REPORTS: 8. CONSENT AGENDA: A. Approval of minutes: Haley B. Announcement of upcoming meetings: Haley C. Utility Service Agreements: Noethlich/Boggus D. Approve Two Fire Hydrants/3500 & 3610 Sparta Rd: Boggus E. CDBG Subgrant Award Playgrounds: Robinson F. Resilient Florida Grant Application Assistance: Lee 9. OLD BUSINESS: 10. NEW BUSINESS: A. Audited Financial Statements/September 30, 2024: Robinson/Fowler B. Public Hearing & Ordinance# 1546/2030 Comprehensive Plan (2nd reading): Stewar/Swaine/Barmby 11. BUSINESS FROM AUDIENCE: 12. CITY ATTORNEY'S BUSINESS: A. Proposed Estoppel Letter for 503 E. Center Ave Final. Judgement Payoff 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 bythe City Council of Sebring, Florida, in public hearing or meeting is hereby advised that he will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made which will include the testimony and evidence upon which such appeal is to be based. The City Council of Sebring, Florida does not discriminate upon thel basis of anyi individual's disability status. This non- discrimination policy involves every aspect of the Council's functions, including one's access to, participation employment or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act should contact Mrs. Kathy Haley, CMC, City Clerk, at 471-5100. CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: July 1, 2025 PRESENTER: Bishop AGENDA ITEM#: 8 - Consent Agenda BACKGROUND: Item 8 A through 8 F are on the consent agenda for Council action. Should any member of Council wish that an item be removed from the agenda, they should SO indicate. That particular item will be removed and discussed individually at the appropriate place on the agenda. All remaining items will be presented for approval collectively. 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: July 1, 2025 PRESENTOR: Haley AGENDA ITEM#: 8A - Approval of Minutes BACKGROUND: Please find attached the minutes from your regular meeting on June 17, 2025. The minutes were emailed to you on June 24, 2025. REQUESTED MOTION: Approve minutes as presented. COUNCIL ACTION: APPROVED DENIED Moved by: Seconded by: DEFERRED Bishop. Carlisle Havery Kogelschatz Stewart Bishop. OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: July 1, 2025 PRESENTER: Haley AGENDA ITEM#: 8B - Announcement of Upcoming Meetings BACKGROUND: The following meetings and/or workshops are scheduled between July 2nd and July 15, 2025. Date Time Meeting Participant(s) 07/04/25 8-5 p.m. 4th ofJuly Holiday City Office Closed 07/04/25 9:00 p.m. Fireworks at City Pier Beach All Invited 07/08/25 5:30 p.m. Planning and Zoning Board Liaison Kogelschatz 07/10/25 5:00 p.m. Historic Preservation Commission Liaison Stewart 07/14/25 5:30 p.m. Community Redevelopment Agency Liaison Kogelschatz 07/15/25 5:15 p.m. Budget Meeting Mayor/City Council/City Clerk 07/15/25 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: July 1, 2025 PRESENTER: Noethlich/Boggus AGENDA ITEM#: 8 C- Utility Services Agreement requests for Service BACKGROUND: Please find below the parcel id or address for 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 ofthe City limits. 1. 3801 LEXUS ST 2. 5151 KENILWORTH BLVD 3. 4201 TALBOT ST 4. 225 TRIUMPH DR 5. 298 RALEY RD 6. 4020 ABERNATHY AVE 7. 4016 ABERNATHY AVE 8. 6124 ODIN AVE 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 UTILITY SERVICES. AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement"): is made and entered into this 17 day of JUME 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: whose mailing address is: 225 TRIDHPA DR. (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 225 7RIUM-PH D PRELIOM BVILDERS uC with parcel identification number -03-3a8rD30 040 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 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 2,176 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility çonnection: SINGLE FA MILy HOME Concvele blnckhome 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 provision of utility service to the Property; and 1 WHEREAS, the Owher has executed the consent set forth in Sec. 23-1 oft the 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, 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, anà 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 oft 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 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 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 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 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 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, 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 of the foregoing occurs. I. At the time thel 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: A Name Printed: ADIONID RHOSSARD STATE OF FLORIDA COUNTY OF HGHCANDS The foregoing instrument was acknowledged before me by means of X T physical presence online notarization, this a day of Jun& 2025, by "Anlorio Khossart who is personally known to me or who X produced pDAis Lcenge as identification. My commission expires: dshn (NOTARY SEAL) Notary Public Dallef Signature HEATHER L. OAKLEY Notary Public Print Name HEATHERR.O OAKLEY MYC COMMSSIN:H8E74736 EXPIRES: May 8, 2029 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, FL: 33870-3702 DECLARATION OF COVENANTS Premivm Builders LLC a Florida liability company or D corporation (herein called "Declarant") is the owner in,fee simple of certain property (herein called the Kas "Property"), located at 225 x1 umph Dr in Highlands County, Florida, more particularly described on Schedule "A attached hefeto. For good and valuable consideration, and in exchange for the right for.t 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 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 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. Thej person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this thel Declarant and that iti is fullyenforceable under its terms A Declaratignort Dated this 'day ofs une 20 25 Declarant: PREKIOM BVLDERS, LLC Two Witnesses: al Florida) Xlimitedi liability company or 0 corporation L/ By: - dRDtg (Printed Name) EAeg R.ELEY Printed Name: ANFONID RHDL4RD Title: MAUAGER But (corporate seal) Giaile (Printed Name). Pnstila finfor STATE OF FLORDA COUNTY OF HEHCANDS foregoing instrument was acknowledged before me by means pf) A or online notarization, this A day of dune 2025 by (name) Anlonib psa as (title) manas Cv of PRMIVm BVi L 0E2S LC al Florida limited liability company or D corporation, who is personally known to me or produced P Drivevs Liciase as identification. Return to: Blishs R Dakles City ofSebring Utilities Dept. Notary Public 321 NI Mango Street Commission No.: Sebring, FL 33870 (affix notarial seal) HEATHERROAKLEY MYCMMISSONEHIGAIN EXPIRES: May 8, 2029 SEARCH Go Parcel C-22-34-28-020-020-0490-0110 225 TRIUMPH DR SEBRING, FL 33872 Owners: PREMIUM BUILDERS LLC Mailing Address 4969 LEEWARD LN FORT LAUDERDALE, FL 33312 DOR Code: 00 - VACANT Neighborhood: 1100.00 - SEB CTRY EST/SEB HILLS AREA Millage: 40 - County Southwest Water Map ID: 26D Legal Description SEBRING COUNTRY EST SEC 2 PB 7 PG 34 LOT 11 BLK 49 DIVISION OF CORPORATIONS DIVIONT of snbi,org CORPORATION 1S an affichd Suite er Floridir ebie Departments of State / Divisions of Corporations / SearchRecords / Search by Entily Name I Detail by Entity Name Florida Limited Liability Company PREMIUM BUILDERS LLC Filing Information Document Number L17000126942 FEI/EIN Number 38-4040689 Date Filed 06/09/2017 State FL Status ACTIVE Principal Address 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL 33312 Changed: 04/26/2021 Mailing Address 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL 33312 Changed: 04/26/2021 Registered. Agent Name & Address Rhossard, Antonio Carlos 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL 33312 Name Changed: 04/26/2021 Address Changed: 03/04/2022 Authorized Person(s). Detail Name & Address Title Manager COELHO, ADAN P 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL: 33312 Title Manager RHOSSARD, ANTONIO C 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL 33312 Annual Reports Report Year Filed Date 2023 04/06/2023 2024 04/16/2024 2025 04/25/2025 Document Images 04/25/2025 - ANNUALJ REPORI View image in PDF format 04/16/2024. A ANNUAL REPORT View image inl PDF format 04/06/2023- - ANNUALI REPORT View imagei in PDF format 03/04/2022 - ANNUAL REPORT View Image in PDF format 04/26/2021 - ANNUALI REPORT View image in PDF format 06/29/2020 - ANNUALJ REPORT View image in PDF format 03/30/2019 - ANNUALJ REPORT Vlew image in PDF format 08/16/2018- - ANNUALA REPORT View image in PDF format 06/09/2017. - Floridal Limited Liabilly View image in PDF format orica pepanm onT an Sate pison ah Corporations UTILITY SERVICES. AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 06 day of JUNE 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: JOHN BOWMAN (BEAULAND PROPERTIES LLC) whose mailing address is: 6900 US HWY 27 s SEBRING, FL: 33876 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 298 Raley Rd, Sebring, FL 33870 with parcel identification number C043529-400.0240000 as more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and WHEREAS, the Property is 9.03 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 40,000 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: AN NEW 40,000 SF MANUFACTURING BUILDING 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 Gr X sewer service to the Property, the Ovwner agrees to enter intic this Agreemerit 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 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 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-F 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 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 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 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 oft 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: / 50 Name Printed: JOHNE BOWMAN STATE OF FLORIDA COUNTY oFftighlands The foregoing instrument was acknowledged before me. by means of physical presenee or online notarization, this - day of une 2025, by JObn Barma who is personally known to me of who produced as identification. My commission expires: A Qhe (NOTARY SEAL) Notary PubHc Signature Melissa Patcrson Notary Public Print Name ESNTESE 592880 MY C January 12, 2029 EXPIRES. 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, FL: 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: BEAULAND PROPERTIES LLC (JOHN BOWMAN) a Florida elimited liability company or D corporation (herein called "Declarant") is the owner in fee simple of certain real property (herein called the Property"), located at 298 Raley Rd, Sebring, FL 33870 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: X water service X 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. 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. Thej person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this fort the Dfçlarant and thati iti is fiyy.enforceable under its terms Dated 4 - day of K 2015 BouanAppie, uC Two Witnesses: aflorida XI limited liabiliy company or a corporationy - 6 By: tubhewyer Printed) Namey b#t DIENCL Printed Name: ohn Zuman Title: M6 MOAALCADVngK (corporate seal) (Prnjed Name) dessIca Tuner STATE OF on / aA COUNTY GF hlands Qhhe foregoi of instrument was acknowledged before meyby means 98 E physica presence or 1 online notarization, this 9a of oE 2025 by (name) DhA - - a as (title) of a Florida 5 limited liability company or D corporation, who is personally knovn to me or produced as identification. Return to: City of Sebring Utilities Dept. ry Pub! 321 NN Mango Street Co mission No. HH592b60 Sebring, FL: 33870 (affix notarial seal) # HH 592880 HEISBATERES MY COMMISSON Januery 12, 2029 EXPIRES: SEARCH Go Parcel C-04-35-29-A00-A00-0240-0000 298 RALEY RD SEBRING, FL: 33870 Owners: BEAULAND PROPERTIES INC Mailing Address 6900 US HWY 27 S SEBRING, FL 33876 DOR Code: 07 - MISCELLANEOUS Neighborhood: 5025.00 - COMM OFF 27 IN SEBRING Millage: 40 - County Southwest Water Map ID: 91B Legal Description SE 1/4 OF SW 1/4 OF SE 1/4-LESS STRIP OFF WEST SIDE TO TALLEY 4-35-29/24 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this day of JONE 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: 380L LEXUS ST SEBLING FL83872 whose mailing address is: NEYDA TOLLES - huis Eduando TORRes (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 380L LEXUS ST SEBLINL PL 33572 with parcel identification number C234E24-020 0300-0010 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and SQVIALE FOOT WHEREAS, the Property is 2,284 açre(s) in size; and WHEREAS, the Owner seeks to develop thel Property as (circle each that applyd residential, commercial, industrial. For residential development, the density will have no more than 2,284 dwelling units/acre. For commercial or industrial development, there will be a maximum of SQUAE TGsquare feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: BOIDING HILUA L VIN - 1$5l SAFT T PORCH - 2408084 P1 CARPONT- 240 SAFT STOUALE - 108 S4ET WHEREAS, thel 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 ofutility 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 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 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 ofs 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 inçurred 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 - 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 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 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 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] OWNER: nys fous Name Printed: NENDATOLLES Las STATE OF FLORIDA COUNTYOF HIGHLANDS The foregoing instrument was acknowledged, before me by means of X physical presence or online notarization, this 2o"day of 2025, by Neyda lovres and LuIs Tolne who is personally known to me or who X produced FL Drves License) as identification. - My commission expires: HslhR Dukls (NOTARY SEAL) Notary,Public Signature HEATHep R. DALLEY HEATHERR, OAKLEY Notary Public Print Name MY COMMSSIONSHHG748 EXPIRES: May 8, 2029 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 SWbN4 Gouky E6+ SUBDIVISION: SEB CFRY/SEBHYS APEA Luis ETorres andNeylda Toryes (herein called "Declarant") is/are the, owner(s) in fee simple real property (herein called the "Property"), located at 580 opus in Highlands County, Florida, more SE 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 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 oft the services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable under its terps. Dated thi2Oday of June 20 a5 DECLARANT: a disl. Oakley Signature: Witness Printed Name: Auis Eoupede ORRES BouR Signature: Suroa Printed Name: tydas To RRe5 Cughie STATE OF FLORDA COUNTY OF HIHLANDS %. The foregping instrument was acknowledged before me by means of Aphysical presençe or onliner notarization, thisao" day of, une 2025, by Neydn Torrespnel LAIS Torres who D is/are personally known to me or D produced A yvers License as identification) / Return to: vhan R Owley City of Sebring Utilities Dept. Notary Public 321 NI Mango St Commission No.: Sebring, FL 33870 (affix notarial seal) HEATHERRONGEY MY COMMESONEHGS EXPIRES: May 8, 2029 SEARCH Go Parcel C-22-34-28-020-020-0300-0010 3801 LEXUS ST SEBRING, FL 33872 Owners: TORRES LUIS EDURDO + NEYDA Mailing Address 640 SW 4 CT HALLANDALE BEACH, FL 33009 DOR Code: 00 - VACANT Neighborhood: 1100.00 - SEB CTRY EST/SEB HILLS AREA Millage: 40 - County Southwest Water Map ID: 26D Legal Description SEBRING COUNTRY EST SEC 2 PB 7-PG 34 LOT 1 BLK 30 UTILITYS SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement")i is made and entered into this /6 day of Sun6 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: Da buse LLG whose mailing address is: 1719 Capital GU6 Cheyenne uy,82a0/ (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 46/6 Abtrnathy CLUL, Sebrihg, F/ 387à with parcel identification number C 2 35-a8 030-070-0075 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 1y 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 1450 square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval ofthe utility connection: water B/k Kbm 6 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 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 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 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 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 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 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 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: Name Printed: Keméll Kessim STATE OF COUNTYOF CEORIPbRE The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this Lot day of - 2025, by Kemel Kassim who is personally known to me or who produced ELoRiDA DRlueRs Lrense as identification. My commission expires: Ban (NOTARY SEAL) Slgou Notary Public Signature Rerac Sapper Notary Public Print Narhe TRECIASKIPPER MY COMMISSION # HHE 654921 EXPIRES: March 23, 2029 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk 6 Prepared by: Roberts. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring FL3 33870-3702 DECLARATION OF COVENANTS Dabuse LLC al Florida D limited liability company or 0 corporation (herein called "Declarant") is the owner in fee simple of certain real property (herein called the "Property"), located at 4016 Abernuthy VE, ECD nMG in Highlands County, Florida, more particularly described on Schedule "A" attached heteto. For good and, yéluable 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 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 oft the 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 fully enforceable under its terms Dated this lld day of laonk 20.25 Declarant: Dabare LLC Two Witnesses: a Florida a limited liability company or D corporation ghs By: (Printed Name) Aiark wHez Printed Name: Kemell bess Im Title: Camer smaemme (corporate seal) (Printed Name) An mo lingo STATE OF laida COUNTY OP bAE The foregoing instrument was acknowledged before me by means of Bphysical presence or D online notarization, this lb day of V 2025, by (name) lie GsSin, as (title) Ouhek of Dabase a al Florida Hmited liability, company or D corporation, who D is personally known to me or - produced L-DRMeRS L clnse asi identification. Return to: Jucih City ofSebring Utilities Dept. Notary Public SLpou 321 NJ Mango Street Commission No: * 65491/ Sebring, EL 33870 (affixzetarial sRR, TRECIASKIPPER MY COMMISSION #HH654921 EXPIRES: March 23, 2029 SEARCH Go Parcel 002352809007100090 4016 ABERNATHY AVE SEBRING, FL 33875- Owners: DABASE LLC Mailing Address 1719 CAPITOL AVE CHEYENNE, WY 82001 DOR Code: 00 - VACANT Neighborhood: 1105.00 - LAKEWOOD TERR. Millage: 40 - County Southwest Water Map ID: 49A Legal Description LAKEWOOD TERRACE SH 1 PB 2 PG 50 N 1/2 LOT 9 + ALL LOT 10 BLK71 Overview of Dabase, LLC Entity Formation Information State of Organization: Wyoming Date ofOrganization: April 18, 2023 Business Address: 1718 Capitol Avenue, Cheyenne, Wyoming 82001 Registered Agent: Anderson Registered Agents 1716 Capitol Avenue, Suite 100, Cheyenne, Wyoming 82001 Management: and Ownership This company is managed by its managers. Management: Kemell Kassim Membership: Kemell Kassim 100% Entity Tax Information EIN #: 92-3559444 Tax Status: Disregarded Tax Year End: December 31 Tax Return Form: No federal tax retum is required for this entity. Return Due Date: April 15 Ifany ofthe above information is incorrect or you would like to modify, STOP and go no further. Please reach back out to your law coordinator and request the modifications and we will send you a revised operating agreement. Ifthe above information is correct, then you may proceed to review and sign your operating agreement. After signing your operating agreement, you will need to do the following: 1 of 4 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement")i is made and entered into this 16 day of Jone 2025 by and between the CITY OF SEBRING, Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: Ma buse LZC whose mailing address is: 1718 Capihl QUE Cheyenne My, 8200l (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 4030 Abecnethy AUE Sebring, KL38z0 with parcel identification number C-02-35-7 a8-030 -6710 - 0080 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 14 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 7750 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility connection: Blek 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) 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 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, 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 THRTY (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 accordançe 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 ofbreach, 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 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: Kenell Kasim STATE OF FLORIBA COUNTYOF fK The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this lo day of 2025, by KomsellKAssin who is personally. known to me or who produced ELRADA Drisees Loense as identification. My commission expires: 3la3)29 Jucia (NOTARY Shpps SEAL) Notary Public Signature Bacia Shppr Notary Public Print Name TRECIASKIPPER MYC COMMISSION# # HH 654921 EXPIRES: March 23, 2029 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 FL: 33870-3702 DECLARATION OF COVENANTS Dabase LLC al Florida 0 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 4020 Abe na #h) AVE SEtrA ins in Highlands County, Florida, more particularly described on Schedule a A" attached heréto. 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 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 oft the 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 fully enforceable under its terms Dated this day of 2025 Declarant: Dabese LLC Two Witnesses: a Florida a limited liability company or 0 corporation By; (Printya Name). 4che HZ Printed Namé. Kent!l Kessin Title: Caett ms (corporate seal) (Printed Name) Ane Malingo STATE OF kiog COUNTY OF ol The foregoing instrument was acknowledged before me by means of Ephysiçal presence or D online notarization, this & -day of A S 2025 by (name) emell Kassin as (title) WneR of Dabase L LC aFlorida limited liability company or 0 corporation, who is personally known to me or produced a 0A berslicense asi identification. Retum to: nahs Utilities Spu City of Sebring Dept. Notary Public 32i NMango Street Commission No. 64921 Sebring, FL 33870 nis ptarial scal) TRECIASKIPPER MY COMMISSIONHH 654921 EXPIRES: March 23, 2029 SEARCH Go Parcel C-02-35-28-030-030-0710-0080 4020 ABERNATHY AVE SEBRING, FL 33875- Owners: DABASE LLC Mailing Address 1718 CAPITOL AVE CHEYENNE, WY 82001 DOR Code: 00 - VACANT Neighborhood: 1105.00 - LAKEWOOD TERR. Millage: 40 - County Southwest Water Map ID: 49A Legal Description LAKEWOOD TERRACE SH 1 PB 2-PG 50 LOT 8 + S 1/2 LOT 9 BLK 71 K Overview of Dabase, LLC Entity Formation Information State ofOrganization: Wyoming Date of Organization: April 18, 2023 Business Address: 1718 Capitol Avenue, Cheyenne, Wyoming 82001 Registered Agent: Anderson Registered Agents 1716 Capitol Avenue, Suite 100, Cheyenne, Wyoming 82001 Management: and Ownership This company is managed by its managers. Management: - Kemell Kassim Membership: Kemell Kassim 100% Entity Tax Information EIN #: 92-3559444 Tax Status: Disregarded Tax Year End: December 31 Tax Retum Form: No federal tax return is required for this entity. Return Due Date: April 15 Ifany of the above information is incorrect or you would like to modify, STOP and go no further. Please reach back out to your law coordinator and request the modifications and we will send you a revised operating agreement. Ifthe above information is correct, then you may proceed to review and sign your operating agreement. After signing your operating agreement, you will need to do the following: 1 of 4 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 19 day of JUNE 2025 by and between the CITYOF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the City") and: ley Holdings,c whose mailing address is: 420A TALBT,SORSE 3382 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 420n TALBOT ST S2B2I6, FL 382 with parcel identification number C-22-34-a 2-03 - / -bsSD-0o1Das 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 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 2,176 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility connection: SIN 6 G H miu touse, CON ceere BocK 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 applyKwater 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 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 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 ofutility services. 2 Section 4 - Title to Utilities. Title to ail 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 attoreys' fees (whether or not incurred on 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-F 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 bei 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 DEFAULI. 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 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 oft this Agreement are for reference oniy 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, 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 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: - 2 2 Name Printed: BICAAD KANVTE DATASCENS STATE OF FLQRIDA. COUNTYOF HIGHLANDS The foregoing instrument was acknowledged. before me by means of X physical presence or online notarization, this day of - 2025, by Ricaveo Kanitz Samdyténatb who is personally. known to me or who X produçed PL Drivers Lcense as identification. My commission expires: dlR Jubley (NOTARY SEAL) Notary Public Signature HeATHe2 R. OAKLEY HEATHER R. OAKLEY Notary Public Print Name MYC COMMISSIONEIE/AS EXPIRES: May8 8, 2029 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.S Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL: 33870-3702 DECLARATION OF COVENANTS LLC Iner Holdings, a Florida Xlimited liability company or 0 corporation (herein called "Declaranfis the owner in fec simple of certain réal property (herein called the "Property"), located at 450 / boot in Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for thei right for the Property to pay: for and receive the service(s) checked below from the City ofSebring: 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 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 ofthes services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaratigg, Byhel and that iti is fullysnforceable under its terms Dated this a - day of DIRE 200 DeclarantiNTGH OLPINGS LLC Two Witnesses: a Florida limited liability company or 0 corporation ByPCAPe 4 / M DArTASCENe dRDku (Printed Name). HEATBR 2 SAKLEY) Printed Name: - Title: 1 A Bt a (corporate seal) Buslly ut (Printedl Name). fhsallg Anit STATE OF HORIDK COUNTY OF IHLANDS The foregoing instrument was acknowledged before me by means of Sphysical M pregence, or online notarization, this 41 day of une 2025, by (name) pcado ani 2 DOma sconguite) Munasey of Et sivers Cs a ( loldins S G a Florida limited liability company or D corporation, who is personally known to me or & produced FL- Divers License as identification. Return to: . Oakled City of Sebring Utilities Dept. Notary Public 321 NN Mango Street Commission No.: Sebring, FL33870 (affix notarial seal) HEATHERR_OAKLEY MY COMMISSONPIE/ATA EXPIRES: May 8, 2029 SEARCH Go Parcel C-22-34-28-030-030-0550-0010 4201 TALBOT ST SEBRING, FL 33872 Owners: INTER HOLDINGS LLC Mailing Address 501 RANCH RD WESTON, FL 33326 DOR Code: 00 - VACANT Neighborhood: 1100.00 - SEB CTRY EST/SEB HILLS AREA Millage: 40 - County Southwest Water Map ID: 26D Legal Description SEBRING COUNTRY EST SEC 3 PB 9-PG 6 LOT 1 BLK 55 DIVISION OF CORPORATIONS Divoitof Sb,org CORPORATIONS uA ooul ar un Flurkk ehe Department of State I Divisions of Corporations I SearchRecords / Search by Entity Name I Detail by Entity Name Florida Limited Liability Company INTER HOLDINGS LLC Filling.Information Document Number L25000008035 FEI/EIN Number 33-3384204 Date Filed 01/06/2025 Effective Date 01/03/2025 State FL Status ACTIVE Principal Address 501 RANCH RD WESTON, FL 33326 Mailing Address 501 RANCH RD WESTON, FL: 33326 Registered Agent Name & Address KANITZI DAMASCENO, RICARDO 501 RANCH RD WESTON, FL: 33326 Authorized Person(s). Detail Name & Address Title MGR KANITZ DAMASCENO, RICARDO 501 RANCH DR WESTON, FL 33326 Title MGR THORMANN, CINTIA 501 RANCH DR WESTON, FL: 33326 Title MGR UTILITY SERVICES AGREEMENT This UTILITY: SERVICES AGREEMENT (the "Agreement") is made and entered into this 19"lay of une 2025 by and between the CITY OF SEBRING, a Florida municipal borporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City"and: - - - ew - - whose mailing address is: 0200/ Mh Kd. Mebiny Y33872 (collectively, the "Owfer"). Recitals WHEREAS, the Owner owns certain real property located at 5151 en rilevd IR B. with parcel identification number as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and 7h WHEREAS, the Property is 206x300 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 epe as luel - * 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: 17 a A ka 0L a eky 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 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 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, 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 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 attoreys' 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 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 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 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: lafh y. Sowaed Name Printed: ALPHA L. HOWARO STATE OF FLORIDA. COUNTY OF ighlesda The foregoing instrument was acknowledged before me by means of * physical presence or online notarization, this 19 day of pne 2025, by Aipha Las towad who is personally knQwn to me or who produced AL DAvevs LCLRD as identification. My commission expires: im Shaidh (NOTARY SEAL) Notary Public Signature Kim Shands Notary Public Print Name KIM SHANDS MYCOINSSONEHKEIET EXPIRES: December 7, 2028 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorey Dated: 20 ATTEST: City Clerk 6 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL3 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Airpo RoInlaskel Purk ALPHH L, HOWARD (herein called "Declarant") is/are the owner(s) in fee simple of certain real property (herein called the "Property"), located at 5151 eercilus nth Bhk, 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 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 suçcessors 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 thel 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 chis/9 dayaf Pene 2025 DECLARANT: Signature BlE Blaslinere Cfa K.hmd Witness Printed Name: ALPHA h. HOWRRD Signature: Witness Printed Name: STATE OF Flagida COUNTY OF hgalo ta The foregoing instrumgni waacknowledged before me by means ofk physical presence or online notarization, this 19 day of l 2025, by Pipka Jud who is/are personally known to me or produced C R0e C pP as identification. Return to: MK : - - A City ofSebring Utilities Dept. Notary Public 321 N Mango St MFomhss KIM SHANDS Sebring, FL 33870 EXPIRES: Decen caliy M COWMSSIONEHH610847 EXPIRES: December 7, 2028 SEARCH Go Parcel C-12-35-29-060-060-0000-0010 5151 KENILWORTH BLVD SEBRING, FL 33870 Owners: HOWARD ALPHA LOU Mailing Address C/O HARDING + CARBONE, INC 1235 NORTH LOOP WEST STE 205 HOUSTON, TX 77008 DOR Code: 48 - WAREHOUSE STOR/DIST Neighborhood: 5090.00 - IND IN SEBRING Millage: 40 - County Southwest Water Map ID: 112D Legal Description AIRPORT RD INDUSTRIAL PARK PB A PG 31 LOT 1 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement"): is made and entered into this D day of Juhe 202 S 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: 3841 dw) 33 rd Ct miami,Fl 33175 onkedurarev. whose mailing address is: AFido Pelipe Dercon Iopez (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property, located at 6124 odin AVE Jebrik fy 33876 United ua Feu. with parcel identification number . 22-35- 74 - 030 - 019 -0010 as more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and WHEREAS, the Property is 0.36 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) fesidential) commercial, industrial. For residential development, the density will have no more than Q.34dwelling units/acre. For commercial or industrial development, there will be a maximum of N/A square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval ofthe utility connection: moblle honne 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 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 7-1 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 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 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] OWNER: Name Printed: AIFHedO PLleon STATE OF FLORIDA COUNTY OF Highlsads The foregoing instrument was acknowledged before me by means of L physical presence or online notarization, this 10 day of Junc 2025, by who is personally known to me or who produced 0) DI as identification. My commission expires: (NOTARY SEAL) Notary Public $ignature Solerl Bagut - SOLEIL BAQUE Notary Public Print Name Notary Public State of Florida Comm! HH574471 Expires 7/23/2028 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, FL: 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Desofo Cy Aifredo de leon loper (herein called "Declarant") is/are the owner(s) in fee simple of certain real property (herein called the "Property"), located at 6124 Odin QUc 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 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, 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 of the services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable underits-terms. Datedthis IOdayof June 2025 DECLARANT: Signature: Witness Printed Name: K/FAC6O 20 locu Signature: Witness Printed Name: STATE OF Plridig COUNTY OF 44 IAgS The foregoing instrument was acknowledged before me by means of t physical presence or online notarization, this I day of JuAe 20_25 by Aieredo de leGa lopez who a is/are personally known to me or Dpfoduced F1 as identification. Return to: City ofSebring Utilities Dept. Notary Public 321 NI Mango St Commission Ne: 7/23/28 Sebring, FL 33870 (affix notarial sealyouEIL BAQUE - Notary Public State of Florida Commi HH574471 Expires 7/23/2028 SEARCH Go Parcel C-22-35-29-030-030-019B-0010 6124 ODIN AVE SEBRING, FL 33876- Owners: LOPEZ ALFREDO FELIPE DE LEON Mailing Address 3891 SW 133RD CT MIAMI, FL 33175 DOR Code: 00 - VACANT Neighborhood: 1167.00 - DESOTO CITY LESS EXP Millage: 40 - County Southwest Water Map ID: 91D Legal Description DESOTO CITY 2ND SUB PB 1-PG 39 LOTS 1-2-3 BLK 19B PER OR 433-PG 527 + OR 432-PG 686 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this day of 202 by and between the CITY OFSEBRING, Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: 734 BLP GROVES LLC whose mailing address is: 10070 DANIELS INTERSTATE CT, SUITE #200, FORT MYERS, FL 33913 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 3500 E. ALTVATER ROAD, AVON PARK, FL 33825 with parcel identification number C05.34+29-400.010000 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 616.07 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 3.50 dwelling units/acre. For commercial or industrial development, there will be a maximum of square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility connection: The development of 2,125 dwelling units with appurtenant stormwater management facilities, roadways, water and sewer utilityi infrastructure, recreational parks and other site amenities, including storage for project residents. As specified on the Master Concept Plan (Attached), the residential units are limited to Single Family Detached, Single Family Attached, Multi-family, all ofv whichr must be on a permanent foundation. NO MOBILE HOMES ARE PERMITTED. 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 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 Ordinançes 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 fori 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, or1 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 7-1 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, 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 ofthe 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 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 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 thei 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: <l Kerm Narne Printed: John Kiernan STATE OF FLORIDA COUNTY OF A The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this 1274 day of JUNE 2025, by bh n Kicvn n who is personally known to me or who produced as identification. My commission expires: (NOTARY SEAL) Noyubuesignature Muny 6 Malina Notary Public Print Name MARYE. MOLINA MYCOMMSSONEHHTAS: EXPIRES: July 24, 2027 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Bonnet Lake RPD 734 BLP GROVES LLC 9 a Florida a limited liability company or D corporation (herein called "Declarant") is the owner in fee simple of certain real property (herein called the "Property"), located at 3500 E ALTVATER RD, AVON PARK, 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: D water service R fire hydrants R fire protection serviçe 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 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. 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 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 fully enforceable under its terms Dated this z" day of JUNÉ 20 25. Declarant: 734 BLP GROVES LLC Two Witnesses: a Florida E limited liability company or D corporation - M Pn By: (Printed Name) MITÇHI HUTCHCRAFT Printed Name: JOHN KIERNAN, PRESIDENT AND CEO Title: MANAGER, ALICO, INC. - Past (corporate seal) (Printed Name). Densy Ster STATE OF Flovida COUNTY OF ec The foregoing instrument was acknowledged before me by, means of C physical presence or D online notarization, this 12* day of JUNE 2025 by (name) Ohn K lcinan as (title) Pesidient 1 EDof I C Ia a Florida D limited liability company or D corporation, who B is pefsenally known to me or produced as identification. Return to: City ofSebring Utilities Dept. Notary Public 321 NN Mango Street Commission No.: H 378451 Sebring, FL33870 (affix notarial seal) MARYE E. MOLINA MY COMMISSION#HH; 378656 EXPIRES: July 24, 2027 SEARCH Go Parcel C-05-34-29-A00-A00-0010-0000 3500 E ALTVATER RD AVON PARK, FL: 33825 Owners: 734 BLP GROVES LLC Mailing Address 10070 DANIELS INTERSTATE CT SUITE # 200 FTI MYERS, FL 33913 DOR Code: 66 - GROVES/ORCHARDS Neighborhood: 5001.00 - NON-RES RURAL Millage: 40 - County Southwest Water Map ID: 67A Legal Description SW 1/4 OF SW 1/4 + W 1/4 OF NW 1/4 SEC 4 + ALL SEC 5-LESS S 1/2 OF SW 1/4 -BONNET 600- 5-34-29/1 608.22 ACRES - Qda 3XVI 3NNO8 E - - 00s3 N - 3 jus gE jna js ju jua gmipr I - a - ju jnr jure A jus S * 3 B - I I - . 5 DIVISION OF CORPORATIONS DIVISION of 6 or zorg CORPORATIOFS a officla Sue of Florida websitr Department: ofs State I Division of Corporations / SearchRecords / Searchb by Entity Name / Detail by Entity Name Florida Limited Liability Company 734 BLP GROVES, LLC Filing. Information Document Number L12000155390 FEI/EIN Number 46-1580572 Date Filed 12/12/2012 State FL Status ACTIVE Last Event LC STMNT OF RA/RO CHG Event Date Filed 09/20/2018 Event Effective Date NONE Principal Address 10070 Daniels Interstate Court Ste 200 Ft Myers, FL 33913 Changed: 03/22/2022 Mailing Address 10070 Daniels Interstate Court Ste 200 Ft Myers, FL 33913 Changed: 03/22/2022 Registered Agent Name & Address TK Registered Agent, Inc. 101 E. KENNEDY BLVD SUITE 2700 TAMPA, FL 33602 Name Changed: 10/26/2018 Address Changed: 09/20/2018 Authorized Person(s). Detail Name & Address Title Manager Alico, Inc. 10070 Daniels Interstate Court Ste 200 Ft Myers, FL: 33913 Annual Reports Report Year Filed Date 2023 01/23/2023 2024 01/16/2024 2025 01/15/2025 Document Images 01/15/2025 -A ANNUALJ REPORT View imagei in PDF format 01/16/2024 -ANNUALJ REPORT Viewi imagei in PDF format 01/23/2023 -ANNUALE REPORT View imagei in PDF format 03/22/2022- - ANNUALJ REPORT Viewi imagei in PDF format 01/12/2021 - ANNUALJ REPORT View image in PDF format 01/28/2020 -A ANNUALJ REPORT View image in PDF format 04/19/2019 - ANNUALE REPORI Viewi image in PDF format 10/26/2018 - AMENDED/ ANNUALJ REPORT View image in PDF format 09/20/2018- - CORLCRACHG View image in PDF format 03/07/2018- - ANNUALE REPORT View image in PDF format 07/28/2017- - CORLCRACHG Viewi image in PDF format 03/17/2017 - ANNUALJ REPORI View image in PDF format 03/14/2016- -A ANNUALE REPORT Viewi image in PDF format 04/13/2015 - ANNUAL REPORT View image in PDF format 04/13/2015 - CORLCRACHG View image in PDF format 03/24/2014- - ANNUALE REPORT View imagei in PDF format 02/12/2013 - ANNUALE REPORT View imagei in PDF format 12/13/2012 - LCN Name Change View imagei inF PDF format 12/12/2012- - Florida Limitedi Liabilitly View imagei in PDF format Florida Department of State, Division of Corporations DIVISION OF CORPORATIONS DIVISION of nol org CORPORATIONS m olical Stae of Florida websitr Department of State I Division of Corporations I SearchRecords 1 Searchby Entity Name I Detail by Entity Name Florida Profit Corporation ALICO, INC. Eiling Information Document Number 232797 FEI/EIN Number 59-0906081 Date Filed 02/01/1960 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/30/1988 Event Effective Date NONE Principal Address 10070 DANIELS NTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Changed: 03/22/2022 Mailing Address 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Changed: 03/22/2022 Registered Agent Name & Address TK REGISTERED AGENT, INC. 101 E. KENNEDY BOULEVARD SUITE 2700 TAMPA, FL 33602 Name Changed: 09/19/2018 Address Changed: 09/19/2018 Officer/Director Detail Name & Address Title President, CEO, Director KIERNAN, JOHN E 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Title Director SLACK, HENRY R. 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Title Director, Chairman of the Board BROKAW, GEORGE R 10070 DANIELS NTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Title Director Fishman, Benjamin 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Title Director KRUSEN, ANDREW, JR. 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Title CFO HEINE, BRADLEY 10070 DANIELS INTERSTATE COURT STE 200 FT MYERS, FL 33913 Title Director PURSE, TOBY K. 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Title Director PUTNAM, ADAM 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL: 33913 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement")i is made and entered into this 23 day of TE 202 s 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: VOMA HoIEs AC whose mailing address is: 373 COCOUT CIR WESIDV,E 33326 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 4307 TACBOT S5 SDRRK PL 33872 with parcel identification number 22-34-28-0x0 - 0550-0050 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 0.202 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 2,176 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: SAIGGE FAMICY HOME - COUCHE7E BLec& 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 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 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 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 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 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 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. At the time the Propertyis 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: CKes Deus Name Printed: ADRE SALLES -4OIBE Vor14 HOMIES, KC STATE OF FLORIDA COUNTY OF Brouhid The foregoing instrument was acknowledged, before me by means of 4 physical or online notarization, this 23'y of June 2025, by Frdt Salles who, personally known to me or who produced Hotida diiveys License as identification. My commission (NOTARY SEAL) Notary Public 5/tkcoey Signature CHRISTIAN BARRIOS Chtal Barrbs Notary Public Print Name Notary Public State of Florida Comm# HH675960 Expires 5/27/2029 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.S Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL: 33870-3702 DECLARATION OF COVENANTS VOMA HOMES, uC > a Florida dimited liability company or D corporation (herein called "Declarant") is the owner in fee simple of certain real property (herein called the "Property"), located at 430 1 TALbOT Sr SBRI A4 PLin 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: D water service D firel hydrants D firej 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 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 for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaration for the Declarant and that it is fully enforceable under its terms Dated this 23 day of OUAKE 20 2r Declarant: VOIA OMES LC Two Witnesses: a Florida pimited liability company or D corporatiop- - V Ch By, (Printed Name) Christcn Barios Printed Name: Alp26 SACLET Title: AMBA - (corporate seal) (Printed Name), Jhonay Lardana STATE OF anoh COUNTY OF bcw aic The foregoing instrument was acknowledged before me by means of 3aphysical presence or D online notarization, this 25 day of S0ne 2025, by (name) Andve Salles / as (title) pmby of Voaz Hoile S U a Florida & Jimited liability çompany or. D gogporation, who a is personally known tome or & produced - lorida veys C Asdentification. 7 Return to: City of Sebring Utilities Dept. Notary Public A 321 NI Mango Street Commission No.: 36597/AH475980 Sebring, FL: 33870 (affix notarial seal) CHRISTIAN BARRIOS Notary Public State of Florida Comm# HH675960 Expires 5/27/2029 SEARCH Go Parcel C-22-34-28-030-030-0550-0050 4307 TALBOT ST SEBRING, FL 33872 Owners: VOMA BUILDS ALPHA LLC Mailing Address 373 COCONUT CR WESTON, FL 33326 DOR Code: 00 - VACANT Neighborhood: 1100.00 - SEB CTRY EST/SEB HILLS AREA Millage: 40 - County Southwest Water Map ID: 26D Legal Description SEBRING COUNTRY EST SEC 3 PB 9-PG 6 LOT 5 BLK 55 DIVISION OF CORPORATIONS DIVISION of - / org CORPORATIONE un oficla Sture of Florida websitr Department of State I Divisions of Corporations I SearchRecords I Search by Entily Name / Detail by Entity Name Florida Limited Liability Company VOMA HOMES, LLC Filing Information Document Number L24000517611 FEIEIN Number NONE Date Filed 12/13/2024 Effective Date 01/01/2025 State FL Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 04/07/2025 Event Effective Date NONE Principal Address 373 COCONUT CIR WESTON, FL 33326 Mailing Address 373 COCONUT CIR WESTON, FL 33326 Registered Agent Name & Address SALLES, ANDRE 373 COCONUT CIR WESTON, FL 33326 Authorized Person(s) Detail Name & Address Title AMBR SALLES, ANDRE 373 COCONUT CIR WESTON, FL 33326 Annuar Reports No Annual Reports Filed Decumentimages CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: July 1, 2025 PRESENTER: Noethlich/Boggus AGENDA ITEM#: 8 C- Utility Services Agreement requests for Service BACKGROUND: Please find below the parcel id or address for 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 ofthe City limits. 1. 3801 LEXUS ST 2. 5151 KENILWORTH BLVD 3. 4201 TALBOT ST 4. 225 TRIUMPH DR 5. 298 RALEY RD 6. 4020 ABERNATHY AVE 7. 4016 ABERNATHY AVE 8. 6124 ODIN AVE 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 UTILITY SERVICES. AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement"): is made and entered into this 17 day of JUME 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: whose mailing address is: 225 TRIDHPA DR. (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 225 7RIUM-PH D PRELIOM BVILDERS uC with parcel identification number -03-3a8rD30 040 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 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 2,176 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility çonnection: SINGLE FA MILy HOME Concvele blnckhome 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 provision of utility service to the Property; and 1 WHEREAS, the Owher has executed the consent set forth in Sec. 23-1 oft the 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, 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, anà 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 oft 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 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 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 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 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 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, 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 of the foregoing occurs. I. At the time thel 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: A Name Printed: ADIONID RHOSSARD STATE OF FLORIDA COUNTY OF HGHCANDS The foregoing instrument was acknowledged before me by means of X T physical presence online notarization, this a day of Jun& 2025, by "Anlorio Khossart who is personally known to me or who X produced pDAis Lcenge as identification. My commission expires: dshn (NOTARY SEAL) Notary Public Dallef Signature HEATHER L. OAKLEY Notary Public Print Name HEATHERR.O OAKLEY MYC COMMSSIN:H8E74736 EXPIRES: May 8, 2029 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, FL: 33870-3702 DECLARATION OF COVENANTS Premivm Builders LLC a Florida liability company or D corporation (herein called "Declarant") is the owner in,fee simple of certain property (herein called the Kas "Property"), located at 225 x1 umph Dr in Highlands County, Florida, more particularly described on Schedule "A attached hefeto. For good and valuable consideration, and in exchange for the right for.t 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 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 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. Thej person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this thel Declarant and that iti is fullyenforceable under its terms A Declaratignort Dated this 'day ofs une 20 25 Declarant: PREKIOM BVLDERS, LLC Two Witnesses: al Florida) Xlimitedi liability company or 0 corporation L/ By: - dRDtg (Printed Name) EAeg R.ELEY Printed Name: ANFONID RHDL4RD Title: MAUAGER But (corporate seal) Giaile (Printed Name). Pnstila finfor STATE OF FLORDA COUNTY OF HEHCANDS foregoing instrument was acknowledged before me by means pf) A or online notarization, this A day of dune 2025 by (name) Anlonib psa as (title) manas Cv of PRMIVm BVi L 0E2S LC al Florida limited liability company or D corporation, who is personally known to me or produced P Drivevs Liciase as identification. Return to: Blishs R Dakles City ofSebring Utilities Dept. Notary Public 321 NI Mango Street Commission No.: Sebring, FL 33870 (affix notarial seal) HEATHERROAKLEY MYCMMISSONEHIGAIN EXPIRES: May 8, 2029 SEARCH Go Parcel C-22-34-28-020-020-0490-0110 225 TRIUMPH DR SEBRING, FL 33872 Owners: PREMIUM BUILDERS LLC Mailing Address 4969 LEEWARD LN FORT LAUDERDALE, FL 33312 DOR Code: 00 - VACANT Neighborhood: 1100.00 - SEB CTRY EST/SEB HILLS AREA Millage: 40 - County Southwest Water Map ID: 26D Legal Description SEBRING COUNTRY EST SEC 2 PB 7 PG 34 LOT 11 BLK 49 DIVISION OF CORPORATIONS DIVIONT of snbi,org CORPORATION 1S an affichd Suite er Floridir ebie Departments of State / Divisions of Corporations / SearchRecords / Search by Entily Name I Detail by Entity Name Florida Limited Liability Company PREMIUM BUILDERS LLC Filing Information Document Number L17000126942 FEI/EIN Number 38-4040689 Date Filed 06/09/2017 State FL Status ACTIVE Principal Address 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL 33312 Changed: 04/26/2021 Mailing Address 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL 33312 Changed: 04/26/2021 Registered. Agent Name & Address Rhossard, Antonio Carlos 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL 33312 Name Changed: 04/26/2021 Address Changed: 03/04/2022 Authorized Person(s). Detail Name & Address Title Manager COELHO, ADAN P 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL: 33312 Title Manager RHOSSARD, ANTONIO C 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL 33312 Annual Reports Report Year Filed Date 2023 04/06/2023 2024 04/16/2024 2025 04/25/2025 Document Images 04/25/2025 - ANNUALJ REPORI View image in PDF format 04/16/2024. A ANNUAL REPORT View image inl PDF format 04/06/2023- - ANNUALI REPORT View imagei in PDF format 03/04/2022 - ANNUAL REPORT View Image in PDF format 04/26/2021 - ANNUALI REPORT View image in PDF format 06/29/2020 - ANNUALJ REPORT View image in PDF format 03/30/2019 - ANNUALJ REPORT Vlew image in PDF format 08/16/2018- - ANNUALA REPORT View image in PDF format 06/09/2017. - Floridal Limited Liabilly View image in PDF format orica pepanm onT an Sate pison ah Corporations UTILITY SERVICES. AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 06 day of JUNE 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: JOHN BOWMAN (BEAULAND PROPERTIES LLC) whose mailing address is: 6900 US HWY 27 s SEBRING, FL: 33876 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 298 Raley Rd, Sebring, FL 33870 with parcel identification number C043529-400.0240000 as more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and WHEREAS, the Property is 9.03 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 40,000 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: AN NEW 40,000 SF MANUFACTURING BUILDING 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 Gr X sewer service to the Property, the Ovwner agrees to enter intic this Agreemerit 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 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 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-F 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 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 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 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 oft 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: / 50 Name Printed: JOHNE BOWMAN STATE OF FLORIDA COUNTY oFftighlands The foregoing instrument was acknowledged before me. by means of physical presenee or online notarization, this - day of une 2025, by JObn Barma who is personally known to me of who produced as identification. My commission expires: A Qhe (NOTARY SEAL) Notary PubHc Signature Melissa Patcrson Notary Public Print Name ESNTESE 592880 MY C January 12, 2029 EXPIRES. 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, FL: 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: BEAULAND PROPERTIES LLC (JOHN BOWMAN) a Florida elimited liability company or D corporation (herein called "Declarant") is the owner in fee simple of certain real property (herein called the Property"), located at 298 Raley Rd, Sebring, FL 33870 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: X water service X 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. 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. Thej person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this fort the Dfçlarant and thati iti is fiyy.enforceable under its terms Dated 4 - day of K 2015 BouanAppie, uC Two Witnesses: aflorida XI limited liabiliy company or a corporationy - 6 By: tubhewyer Printed) Namey b#t DIENCL Printed Name: ohn Zuman Title: M6 MOAALCADVngK (corporate seal) (Prnjed Name) dessIca Tuner STATE OF on / aA COUNTY GF hlands Qhhe foregoi of instrument was acknowledged before meyby means 98 E physica presence or 1 online notarization, this 9a of oE 2025 by (name) DhA - - a as (title) of a Florida 5 limited liability company or D corporation, who is personally knovn to me or produced as identification. Return to: City of Sebring Utilities Dept. ry Pub! 321 NN Mango Street Co mission No. HH592b60 Sebring, FL: 33870 (affix notarial seal) # HH 592880 HEISBATERES MY COMMISSON Januery 12, 2029 EXPIRES: SEARCH Go Parcel C-04-35-29-A00-A00-0240-0000 298 RALEY RD SEBRING, FL: 33870 Owners: BEAULAND PROPERTIES INC Mailing Address 6900 US HWY 27 S SEBRING, FL 33876 DOR Code: 07 - MISCELLANEOUS Neighborhood: 5025.00 - COMM OFF 27 IN SEBRING Millage: 40 - County Southwest Water Map ID: 91B Legal Description SE 1/4 OF SW 1/4 OF SE 1/4-LESS STRIP OFF WEST SIDE TO TALLEY 4-35-29/24 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this day of JONE 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: 380L LEXUS ST SEBLING FL83872 whose mailing address is: NEYDA TOLLES - huis Eduando TORRes (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 380L LEXUS ST SEBLINL PL 33572 with parcel identification number C234E24-020 0300-0010 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and SQVIALE FOOT WHEREAS, the Property is 2,284 açre(s) in size; and WHEREAS, the Owner seeks to develop thel Property as (circle each that applyd residential, commercial, industrial. For residential development, the density will have no more than 2,284 dwelling units/acre. For commercial or industrial development, there will be a maximum of SQUAE TGsquare feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: BOIDING HILUA L VIN - 1$5l SAFT T PORCH - 2408084 P1 CARPONT- 240 SAFT STOUALE - 108 S4ET WHEREAS, thel 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 ofutility 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 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 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 ofs 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 inçurred 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 - 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 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 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 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] OWNER: nys fous Name Printed: NENDATOLLES Las STATE OF FLORIDA COUNTYOF HIGHLANDS The foregoing instrument was acknowledged, before me by means of X physical presence or online notarization, this 2o"day of 2025, by Neyda lovres and LuIs Tolne who is personally known to me or who X produced FL Drves License) as identification. - My commission expires: HslhR Dukls (NOTARY SEAL) Notary,Public Signature HEATHep R. DALLEY HEATHERR, OAKLEY Notary Public Print Name MY COMMSSIONSHHG748 EXPIRES: May 8, 2029 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 SWbN4 Gouky E6+ SUBDIVISION: SEB CFRY/SEBHYS APEA Luis ETorres andNeylda Toryes (herein called "Declarant") is/are the, owner(s) in fee simple real property (herein called the "Property"), located at 580 opus in Highlands County, Florida, more SE 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 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 oft the services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable under its terps. Dated thi2Oday of June 20 a5 DECLARANT: a disl. Oakley Signature: Witness Printed Name: Auis Eoupede ORRES BouR Signature: Suroa Printed Name: tydas To RRe5 Cughie STATE OF FLORDA COUNTY OF HIHLANDS %. The foregping instrument was acknowledged before me by means of Aphysical presençe or onliner notarization, thisao" day of, une 2025, by Neydn Torrespnel LAIS Torres who D is/are personally known to me or D produced A yvers License as identification) / Return to: vhan R Owley City of Sebring Utilities Dept. Notary Public 321 NI Mango St Commission No.: Sebring, FL 33870 (affix notarial seal) HEATHERRONGEY MY COMMESONEHGS EXPIRES: May 8, 2029 SEARCH Go Parcel C-22-34-28-020-020-0300-0010 3801 LEXUS ST SEBRING, FL 33872 Owners: TORRES LUIS EDURDO + NEYDA Mailing Address 640 SW 4 CT HALLANDALE BEACH, FL 33009 DOR Code: 00 - VACANT Neighborhood: 1100.00 - SEB CTRY EST/SEB HILLS AREA Millage: 40 - County Southwest Water Map ID: 26D Legal Description SEBRING COUNTRY EST SEC 2 PB 7-PG 34 LOT 1 BLK 30 UTILITYS SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement")i is made and entered into this /6 day of Sun6 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: Da buse LLG whose mailing address is: 1719 Capital GU6 Cheyenne uy,82a0/ (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 46/6 Abtrnathy CLUL, Sebrihg, F/ 387à with parcel identification number C 2 35-a8 030-070-0075 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 1y 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 1450 square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval ofthe utility connection: water B/k Kbm 6 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 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 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 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 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 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 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 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: Name Printed: Keméll Kessim STATE OF COUNTYOF CEORIPbRE The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this Lot day of - 2025, by Kemel Kassim who is personally known to me or who produced ELoRiDA DRlueRs Lrense as identification. My commission expires: Ban (NOTARY SEAL) Slgou Notary Public Signature Rerac Sapper Notary Public Print Narhe TRECIASKIPPER MY COMMISSION # HHE 654921 EXPIRES: March 23, 2029 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk 6 Prepared by: Roberts. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring FL3 33870-3702 DECLARATION OF COVENANTS Dabuse LLC al Florida D limited liability company or 0 corporation (herein called "Declarant") is the owner in fee simple of certain real property (herein called the "Property"), located at 4016 Abernuthy VE, ECD nMG in Highlands County, Florida, more particularly described on Schedule "A" attached heteto. For good and, yéluable 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 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 oft the 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 fully enforceable under its terms Dated this lld day of laonk 20.25 Declarant: Dabare LLC Two Witnesses: a Florida a limited liability company or D corporation ghs By: (Printed Name) Aiark wHez Printed Name: Kemell bess Im Title: Camer smaemme (corporate seal) (Printed Name) An mo lingo STATE OF laida COUNTY OP bAE The foregoing instrument was acknowledged before me by means of Bphysical presence or D online notarization, this lb day of V 2025, by (name) lie GsSin, as (title) Ouhek of Dabase a al Florida Hmited liability, company or D corporation, who D is personally known to me or - produced L-DRMeRS L clnse asi identification. Return to: Jucih City ofSebring Utilities Dept. Notary Public SLpou 321 NJ Mango Street Commission No: * 65491/ Sebring, EL 33870 (affixzetarial sRR, TRECIASKIPPER MY COMMISSION #HH654921 EXPIRES: March 23, 2029 SEARCH Go Parcel 002352809007100090 4016 ABERNATHY AVE SEBRING, FL 33875- Owners: DABASE LLC Mailing Address 1719 CAPITOL AVE CHEYENNE, WY 82001 DOR Code: 00 - VACANT Neighborhood: 1105.00 - LAKEWOOD TERR. Millage: 40 - County Southwest Water Map ID: 49A Legal Description LAKEWOOD TERRACE SH 1 PB 2 PG 50 N 1/2 LOT 9 + ALL LOT 10 BLK71 Overview of Dabase, LLC Entity Formation Information State of Organization: Wyoming Date ofOrganization: April 18, 2023 Business Address: 1718 Capitol Avenue, Cheyenne, Wyoming 82001 Registered Agent: Anderson Registered Agents 1716 Capitol Avenue, Suite 100, Cheyenne, Wyoming 82001 Management: and Ownership This company is managed by its managers. Management: Kemell Kassim Membership: Kemell Kassim 100% Entity Tax Information EIN #: 92-3559444 Tax Status: Disregarded Tax Year End: December 31 Tax Return Form: No federal tax retum is required for this entity. Return Due Date: April 15 Ifany ofthe above information is incorrect or you would like to modify, STOP and go no further. Please reach back out to your law coordinator and request the modifications and we will send you a revised operating agreement. Ifthe above information is correct, then you may proceed to review and sign your operating agreement. After signing your operating agreement, you will need to do the following: 1 of 4 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement")i is made and entered into this 16 day of Jone 2025 by and between the CITY OF SEBRING, Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: Ma buse LZC whose mailing address is: 1718 Capihl QUE Cheyenne My, 8200l (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 4030 Abecnethy AUE Sebring, KL38z0 with parcel identification number C-02-35-7 a8-030 -6710 - 0080 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 14 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 7750 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility connection: Blek 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) 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 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, 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 THRTY (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 accordançe 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 ofbreach, 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 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: Kenell Kasim STATE OF FLORIBA COUNTYOF fK The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this lo day of 2025, by KomsellKAssin who is personally. known to me or who produced ELRADA Drisees Loense as identification. My commission expires: 3la3)29 Jucia (NOTARY Shpps SEAL) Notary Public Signature Bacia Shppr Notary Public Print Name TRECIASKIPPER MYC COMMISSION# # HH 654921 EXPIRES: March 23, 2029 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 FL: 33870-3702 DECLARATION OF COVENANTS Dabase LLC al Florida 0 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 4020 Abe na #h) AVE SEtrA ins in Highlands County, Florida, more particularly described on Schedule a A" attached heréto. 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 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 oft the 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 fully enforceable under its terms Dated this day of 2025 Declarant: Dabese LLC Two Witnesses: a Florida a limited liability company or 0 corporation By; (Printya Name). 4che HZ Printed Namé. Kent!l Kessin Title: Caett ms (corporate seal) (Printed Name) Ane Malingo STATE OF kiog COUNTY OF ol The foregoing instrument was acknowledged before me by means of Ephysiçal presence or D online notarization, this & -day of A S 2025 by (name) emell Kassin as (title) WneR of Dabase L LC aFlorida limited liability company or 0 corporation, who is personally known to me or produced a 0A berslicense asi identification. Retum to: nahs Utilities Spu City of Sebring Dept. Notary Public 32i NMango Street Commission No. 64921 Sebring, FL 33870 nis ptarial scal) TRECIASKIPPER MY COMMISSIONHH 654921 EXPIRES: March 23, 2029 SEARCH Go Parcel C-02-35-28-030-030-0710-0080 4020 ABERNATHY AVE SEBRING, FL 33875- Owners: DABASE LLC Mailing Address 1718 CAPITOL AVE CHEYENNE, WY 82001 DOR Code: 00 - VACANT Neighborhood: 1105.00 - LAKEWOOD TERR. Millage: 40 - County Southwest Water Map ID: 49A Legal Description LAKEWOOD TERRACE SH 1 PB 2-PG 50 LOT 8 + S 1/2 LOT 9 BLK 71 K Overview of Dabase, LLC Entity Formation Information State ofOrganization: Wyoming Date of Organization: April 18, 2023 Business Address: 1718 Capitol Avenue, Cheyenne, Wyoming 82001 Registered Agent: Anderson Registered Agents 1716 Capitol Avenue, Suite 100, Cheyenne, Wyoming 82001 Management: and Ownership This company is managed by its managers. Management: - Kemell Kassim Membership: Kemell Kassim 100% Entity Tax Information EIN #: 92-3559444 Tax Status: Disregarded Tax Year End: December 31 Tax Retum Form: No federal tax return is required for this entity. Return Due Date: April 15 Ifany of the above information is incorrect or you would like to modify, STOP and go no further. Please reach back out to your law coordinator and request the modifications and we will send you a revised operating agreement. Ifthe above information is correct, then you may proceed to review and sign your operating agreement. After signing your operating agreement, you will need to do the following: 1 of 4 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 19 day of JUNE 2025 by and between the CITYOF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the City") and: ley Holdings,c whose mailing address is: 420A TALBT,SORSE 3382 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 420n TALBOT ST S2B2I6, FL 382 with parcel identification number C-22-34-a 2-03 - / -bsSD-0o1Das 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 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 2,176 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility connection: SIN 6 G H miu touse, CON ceere BocK 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 applyKwater 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 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 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 ofutility services. 2 Section 4 - Title to Utilities. Title to ail 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 attoreys' fees (whether or not incurred on 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-F 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 bei 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 DEFAULI. 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 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 oft this Agreement are for reference oniy 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, 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 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: - 2 2 Name Printed: BICAAD KANVTE DATASCENS STATE OF FLQRIDA. COUNTYOF HIGHLANDS The foregoing instrument was acknowledged. before me by means of X physical presence or online notarization, this day of - 2025, by Ricaveo Kanitz Samdyténatb who is personally. known to me or who X produçed PL Drivers Lcense as identification. My commission expires: dlR Jubley (NOTARY SEAL) Notary Public Signature HeATHe2 R. OAKLEY HEATHER R. OAKLEY Notary Public Print Name MYC COMMISSIONEIE/AS EXPIRES: May8 8, 2029 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.S Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL: 33870-3702 DECLARATION OF COVENANTS LLC Iner Holdings, a Florida Xlimited liability company or 0 corporation (herein called "Declaranfis the owner in fec simple of certain réal property (herein called the "Property"), located at 450 / boot in Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for thei right for the Property to pay: for and receive the service(s) checked below from the City ofSebring: 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 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 ofthes services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaratigg, Byhel and that iti is fullysnforceable under its terms Dated this a - day of DIRE 200 DeclarantiNTGH OLPINGS LLC Two Witnesses: a Florida limited liability company or 0 corporation ByPCAPe 4 / M DArTASCENe dRDku (Printed Name). HEATBR 2 SAKLEY) Printed Name: - Title: 1 A Bt a (corporate seal) Buslly ut (Printedl Name). fhsallg Anit STATE OF HORIDK COUNTY OF IHLANDS The foregoing instrument was acknowledged before me by means of Sphysical M pregence, or online notarization, this 41 day of une 2025, by (name) pcado ani 2 DOma sconguite) Munasey of Et sivers Cs a ( loldins S G a Florida limited liability company or D corporation, who is personally known to me or & produced FL- Divers License as identification. Return to: . Oakled City of Sebring Utilities Dept. Notary Public 321 NN Mango Street Commission No.: Sebring, FL33870 (affix notarial seal) HEATHERR_OAKLEY MY COMMISSONPIE/ATA EXPIRES: May 8, 2029 SEARCH Go Parcel C-22-34-28-030-030-0550-0010 4201 TALBOT ST SEBRING, FL 33872 Owners: INTER HOLDINGS LLC Mailing Address 501 RANCH RD WESTON, FL 33326 DOR Code: 00 - VACANT Neighborhood: 1100.00 - SEB CTRY EST/SEB HILLS AREA Millage: 40 - County Southwest Water Map ID: 26D Legal Description SEBRING COUNTRY EST SEC 3 PB 9-PG 6 LOT 1 BLK 55 DIVISION OF CORPORATIONS Divoitof Sb,org CORPORATIONS uA ooul ar un Flurkk ehe Department of State I Divisions of Corporations I SearchRecords / Search by Entity Name I Detail by Entity Name Florida Limited Liability Company INTER HOLDINGS LLC Filling.Information Document Number L25000008035 FEI/EIN Number 33-3384204 Date Filed 01/06/2025 Effective Date 01/03/2025 State FL Status ACTIVE Principal Address 501 RANCH RD WESTON, FL 33326 Mailing Address 501 RANCH RD WESTON, FL: 33326 Registered Agent Name & Address KANITZI DAMASCENO, RICARDO 501 RANCH RD WESTON, FL: 33326 Authorized Person(s). Detail Name & Address Title MGR KANITZ DAMASCENO, RICARDO 501 RANCH DR WESTON, FL 33326 Title MGR THORMANN, CINTIA 501 RANCH DR WESTON, FL: 33326 Title MGR UTILITY SERVICES AGREEMENT This UTILITY: SERVICES AGREEMENT (the "Agreement") is made and entered into this 19"lay of une 2025 by and between the CITY OF SEBRING, a Florida municipal borporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City"and: - - - ew - - whose mailing address is: 0200/ Mh Kd. Mebiny Y33872 (collectively, the "Owfer"). Recitals WHEREAS, the Owner owns certain real property located at 5151 en rilevd IR B. with parcel identification number as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and 7h WHEREAS, the Property is 206x300 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 epe as luel - * 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: 17 a A ka 0L a eky 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 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 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, 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 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 attoreys' 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 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 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 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: lafh y. Sowaed Name Printed: ALPHA L. HOWARO STATE OF FLORIDA. COUNTY OF ighlesda The foregoing instrument was acknowledged before me by means of * physical presence or online notarization, this 19 day of pne 2025, by Aipha Las towad who is personally knQwn to me or who produced AL DAvevs LCLRD as identification. My commission expires: im Shaidh (NOTARY SEAL) Notary Public Signature Kim Shands Notary Public Print Name KIM SHANDS MYCOINSSONEHKEIET EXPIRES: December 7, 2028 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorey Dated: 20 ATTEST: City Clerk 6 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL3 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Airpo RoInlaskel Purk ALPHH L, HOWARD (herein called "Declarant") is/are the owner(s) in fee simple of certain real property (herein called the "Property"), located at 5151 eercilus nth Bhk, 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 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 suçcessors 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 thel 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 chis/9 dayaf Pene 2025 DECLARANT: Signature BlE Blaslinere Cfa K.hmd Witness Printed Name: ALPHA h. HOWRRD Signature: Witness Printed Name: STATE OF Flagida COUNTY OF hgalo ta The foregoing instrumgni waacknowledged before me by means ofk physical presence or online notarization, this 19 day of l 2025, by Pipka Jud who is/are personally known to me or produced C R0e C pP as identification. Return to: MK : - - A City ofSebring Utilities Dept. Notary Public 321 N Mango St MFomhss KIM SHANDS Sebring, FL 33870 EXPIRES: Decen caliy M COWMSSIONEHH610847 EXPIRES: December 7, 2028 SEARCH Go Parcel C-12-35-29-060-060-0000-0010 5151 KENILWORTH BLVD SEBRING, FL 33870 Owners: HOWARD ALPHA LOU Mailing Address C/O HARDING + CARBONE, INC 1235 NORTH LOOP WEST STE 205 HOUSTON, TX 77008 DOR Code: 48 - WAREHOUSE STOR/DIST Neighborhood: 5090.00 - IND IN SEBRING Millage: 40 - County Southwest Water Map ID: 112D Legal Description AIRPORT RD INDUSTRIAL PARK PB A PG 31 LOT 1 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement"): is made and entered into this D day of Juhe 202 S 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: 3841 dw) 33 rd Ct miami,Fl 33175 onkedurarev. whose mailing address is: AFido Pelipe Dercon Iopez (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property, located at 6124 odin AVE Jebrik fy 33876 United ua Feu. with parcel identification number . 22-35- 74 - 030 - 019 -0010 as more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and WHEREAS, the Property is 0.36 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) fesidential) commercial, industrial. For residential development, the density will have no more than Q.34dwelling units/acre. For commercial or industrial development, there will be a maximum of N/A square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval ofthe utility connection: moblle honne 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 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 7-1 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 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 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] OWNER: Name Printed: AIFHedO PLleon STATE OF FLORIDA COUNTY OF Highlsads The foregoing instrument was acknowledged before me by means of L physical presence or online notarization, this 10 day of Junc 2025, by who is personally known to me or who produced 0) DI as identification. My commission expires: (NOTARY SEAL) Notary Public $ignature Solerl Bagut - SOLEIL BAQUE Notary Public Print Name Notary Public State of Florida Comm! HH574471 Expires 7/23/2028 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, FL: 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Desofo Cy Aifredo de leon loper (herein called "Declarant") is/are the owner(s) in fee simple of certain real property (herein called the "Property"), located at 6124 Odin QUc 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 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, 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 of the services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable underits-terms. Datedthis IOdayof June 2025 DECLARANT: Signature: Witness Printed Name: K/FAC6O 20 locu Signature: Witness Printed Name: STATE OF Plridig COUNTY OF 44 IAgS The foregoing instrument was acknowledged before me by means of t physical presence or online notarization, this I day of JuAe 20_25 by Aieredo de leGa lopez who a is/are personally known to me or Dpfoduced F1 as identification. Return to: City ofSebring Utilities Dept. Notary Public 321 NI Mango St Commission Ne: 7/23/28 Sebring, FL 33870 (affix notarial sealyouEIL BAQUE - Notary Public State of Florida Commi HH574471 Expires 7/23/2028 SEARCH Go Parcel C-22-35-29-030-030-019B-0010 6124 ODIN AVE SEBRING, FL 33876- Owners: LOPEZ ALFREDO FELIPE DE LEON Mailing Address 3891 SW 133RD CT MIAMI, FL 33175 DOR Code: 00 - VACANT Neighborhood: 1167.00 - DESOTO CITY LESS EXP Millage: 40 - County Southwest Water Map ID: 91D Legal Description DESOTO CITY 2ND SUB PB 1-PG 39 LOTS 1-2-3 BLK 19B PER OR 433-PG 527 + OR 432-PG 686 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this day of 202 by and between the CITY OFSEBRING, Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: 734 BLP GROVES LLC whose mailing address is: 10070 DANIELS INTERSTATE CT, SUITE #200, FORT MYERS, FL 33913 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 3500 E. ALTVATER ROAD, AVON PARK, FL 33825 with parcel identification number C05.34+29-400.010000 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 616.07 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 3.50 dwelling units/acre. For commercial or industrial development, there will be a maximum of square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility connection: The development of 2,125 dwelling units with appurtenant stormwater management facilities, roadways, water and sewer utilityi infrastructure, recreational parks and other site amenities, including storage for project residents. As specified on the Master Concept Plan (Attached), the residential units are limited to Single Family Detached, Single Family Attached, Multi-family, all ofv whichr must be on a permanent foundation. NO MOBILE HOMES ARE PERMITTED. 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 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 Ordinançes 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 fori 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, or1 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 7-1 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, 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 ofthe 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 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 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 thei 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: <l Kerm Narne Printed: John Kiernan STATE OF FLORIDA COUNTY OF A The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this 1274 day of JUNE 2025, by bh n Kicvn n who is personally known to me or who produced as identification. My commission expires: (NOTARY SEAL) Noyubuesignature Muny 6 Malina Notary Public Print Name MARYE. MOLINA MYCOMMSSONEHHTAS: EXPIRES: July 24, 2027 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Bonnet Lake RPD 734 BLP GROVES LLC 9 a Florida a limited liability company or D corporation (herein called "Declarant") is the owner in fee simple of certain real property (herein called the "Property"), located at 3500 E ALTVATER RD, AVON PARK, 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: D water service R fire hydrants R fire protection serviçe 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 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. 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 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 fully enforceable under its terms Dated this z" day of JUNÉ 20 25. Declarant: 734 BLP GROVES LLC Two Witnesses: a Florida E limited liability company or D corporation - M Pn By: (Printed Name) MITÇHI HUTCHCRAFT Printed Name: JOHN KIERNAN, PRESIDENT AND CEO Title: MANAGER, ALICO, INC. - Past (corporate seal) (Printed Name). Densy Ster STATE OF Flovida COUNTY OF ec The foregoing instrument was acknowledged before me by, means of C physical presence or D online notarization, this 12* day of JUNE 2025 by (name) Ohn K lcinan as (title) Pesidient 1 EDof I C Ia a Florida D limited liability company or D corporation, who B is pefsenally known to me or produced as identification. Return to: City ofSebring Utilities Dept. Notary Public 321 NN Mango Street Commission No.: H 378451 Sebring, FL33870 (affix notarial seal) MARYE E. MOLINA MY COMMISSION#HH; 378656 EXPIRES: July 24, 2027 SEARCH Go Parcel C-05-34-29-A00-A00-0010-0000 3500 E ALTVATER RD AVON PARK, FL: 33825 Owners: 734 BLP GROVES LLC Mailing Address 10070 DANIELS INTERSTATE CT SUITE # 200 FTI MYERS, FL 33913 DOR Code: 66 - GROVES/ORCHARDS Neighborhood: 5001.00 - NON-RES RURAL Millage: 40 - County Southwest Water Map ID: 67A Legal Description SW 1/4 OF SW 1/4 + W 1/4 OF NW 1/4 SEC 4 + ALL SEC 5-LESS S 1/2 OF SW 1/4 -BONNET 600- 5-34-29/1 608.22 ACRES - Qda 3XVI 3NNO8 E - - 00s3 N - 3 jus gE jna js ju jua gmipr I - a - ju jnr jure A jus S * 3 B - I I - . 5 DIVISION OF CORPORATIONS DIVISION of 6 or zorg CORPORATIOFS a officla Sue of Florida websitr Department: ofs State I Division of Corporations / SearchRecords / Searchb by Entity Name / Detail by Entity Name Florida Limited Liability Company 734 BLP GROVES, LLC Filing. Information Document Number L12000155390 FEI/EIN Number 46-1580572 Date Filed 12/12/2012 State FL Status ACTIVE Last Event LC STMNT OF RA/RO CHG Event Date Filed 09/20/2018 Event Effective Date NONE Principal Address 10070 Daniels Interstate Court Ste 200 Ft Myers, FL 33913 Changed: 03/22/2022 Mailing Address 10070 Daniels Interstate Court Ste 200 Ft Myers, FL 33913 Changed: 03/22/2022 Registered Agent Name & Address TK Registered Agent, Inc. 101 E. KENNEDY BLVD SUITE 2700 TAMPA, FL 33602 Name Changed: 10/26/2018 Address Changed: 09/20/2018 Authorized Person(s). Detail Name & Address Title Manager Alico, Inc. 10070 Daniels Interstate Court Ste 200 Ft Myers, FL: 33913 Annual Reports Report Year Filed Date 2023 01/23/2023 2024 01/16/2024 2025 01/15/2025 Document Images 01/15/2025 -A ANNUALJ REPORT View imagei in PDF format 01/16/2024 -ANNUALJ REPORT Viewi imagei in PDF format 01/23/2023 -ANNUALE REPORT View imagei in PDF format 03/22/2022- - ANNUALJ REPORT Viewi imagei in PDF format 01/12/2021 - ANNUALJ REPORT View image in PDF format 01/28/2020 -A ANNUALJ REPORT View image in PDF format 04/19/2019 - ANNUALE REPORI Viewi image in PDF format 10/26/2018 - AMENDED/ ANNUALJ REPORT View image in PDF format 09/20/2018- - CORLCRACHG View image in PDF format 03/07/2018- - ANNUALE REPORT View image in PDF format 07/28/2017- - CORLCRACHG Viewi image in PDF format 03/17/2017 - ANNUALJ REPORI View image in PDF format 03/14/2016- -A ANNUALE REPORT Viewi image in PDF format 04/13/2015 - ANNUAL REPORT View image in PDF format 04/13/2015 - CORLCRACHG View image in PDF format 03/24/2014- - ANNUALE REPORT View imagei in PDF format 02/12/2013 - ANNUALE REPORT View imagei in PDF format 12/13/2012 - LCN Name Change View imagei inF PDF format 12/12/2012- - Florida Limitedi Liabilitly View imagei in PDF format Florida Department of State, Division of Corporations DIVISION OF CORPORATIONS DIVISION of nol org CORPORATIONS m olical Stae of Florida websitr Department of State I Division of Corporations I SearchRecords 1 Searchby Entity Name I Detail by Entity Name Florida Profit Corporation ALICO, INC. Eiling Information Document Number 232797 FEI/EIN Number 59-0906081 Date Filed 02/01/1960 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/30/1988 Event Effective Date NONE Principal Address 10070 DANIELS NTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Changed: 03/22/2022 Mailing Address 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Changed: 03/22/2022 Registered Agent Name & Address TK REGISTERED AGENT, INC. 101 E. KENNEDY BOULEVARD SUITE 2700 TAMPA, FL 33602 Name Changed: 09/19/2018 Address Changed: 09/19/2018 Officer/Director Detail Name & Address Title President, CEO, Director KIERNAN, JOHN E 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Title Director SLACK, HENRY R. 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Title Director, Chairman of the Board BROKAW, GEORGE R 10070 DANIELS NTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Title Director Fishman, Benjamin 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Title Director KRUSEN, ANDREW, JR. 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Title CFO HEINE, BRADLEY 10070 DANIELS INTERSTATE COURT STE 200 FT MYERS, FL 33913 Title Director PURSE, TOBY K. 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL 33913 Title Director PUTNAM, ADAM 10070 DANIELS INTERSTATE COURT SUITE 200 FT. MYERS, FL: 33913 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement")i is made and entered into this 23 day of TE 202 s 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: VOMA HoIEs AC whose mailing address is: 373 COCOUT CIR WESIDV,E 33326 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 4307 TACBOT S5 SDRRK PL 33872 with parcel identification number 22-34-28-0x0 - 0550-0050 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 0.202 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 2,176 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: SAIGGE FAMICY HOME - COUCHE7E BLec& 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 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 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 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 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 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 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. At the time the Propertyis 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: CKes Deus Name Printed: ADRE SALLES -4OIBE Vor14 HOMIES, KC STATE OF FLORIDA COUNTY OF Brouhid The foregoing instrument was acknowledged, before me by means of 4 physical or online notarization, this 23'y of June 2025, by Frdt Salles who, personally known to me or who produced Hotida diiveys License as identification. My commission (NOTARY SEAL) Notary Public 5/tkcoey Signature CHRISTIAN BARRIOS Chtal Barrbs Notary Public Print Name Notary Public State of Florida Comm# HH675960 Expires 5/27/2029 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.S Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL: 33870-3702 DECLARATION OF COVENANTS VOMA HOMES, uC > a Florida dimited liability company or D corporation (herein called "Declarant") is the owner in fee simple of certain real property (herein called the "Property"), located at 430 1 TALbOT Sr SBRI A4 PLin 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: D water service D firel hydrants D firej 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 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 for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaration for the Declarant and that it is fully enforceable under its terms Dated this 23 day of OUAKE 20 2r Declarant: VOIA OMES LC Two Witnesses: a Florida pimited liability company or D corporatiop- - V Ch By, (Printed Name) Christcn Barios Printed Name: Alp26 SACLET Title: AMBA - (corporate seal) (Printed Name), Jhonay Lardana STATE OF anoh COUNTY OF bcw aic The foregoing instrument was acknowledged before me by means of 3aphysical presence or D online notarization, this 25 day of S0ne 2025, by (name) Andve Salles / as (title) pmby of Voaz Hoile S U a Florida & Jimited liability çompany or. D gogporation, who a is personally known tome or & produced - lorida veys C Asdentification. 7 Return to: City of Sebring Utilities Dept. Notary Public A 321 NI Mango Street Commission No.: 36597/AH475980 Sebring, FL: 33870 (affix notarial seal) CHRISTIAN BARRIOS Notary Public State of Florida Comm# HH675960 Expires 5/27/2029 SEARCH Go Parcel C-22-34-28-030-030-0550-0050 4307 TALBOT ST SEBRING, FL 33872 Owners: VOMA BUILDS ALPHA LLC Mailing Address 373 COCONUT CR WESTON, FL 33326 DOR Code: 00 - VACANT Neighborhood: 1100.00 - SEB CTRY EST/SEB HILLS AREA Millage: 40 - County Southwest Water Map ID: 26D Legal Description SEBRING COUNTRY EST SEC 3 PB 9-PG 6 LOT 5 BLK 55 DIVISION OF CORPORATIONS DIVISION of - / org CORPORATIONE un oficla Sture of Florida websitr Department of State I Divisions of Corporations I SearchRecords I Search by Entily Name / Detail by Entity Name Florida Limited Liability Company VOMA HOMES, LLC Filing Information Document Number L24000517611 FEIEIN Number NONE Date Filed 12/13/2024 Effective Date 01/01/2025 State FL Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 04/07/2025 Event Effective Date NONE Principal Address 373 COCONUT CIR WESTON, FL 33326 Mailing Address 373 COCONUT CIR WESTON, FL 33326 Registered Agent Name & Address SALLES, ANDRE 373 COCONUT CIR WESTON, FL 33326 Authorized Person(s) Detail Name & Address Title AMBR SALLES, ANDRE 373 COCONUT CIR WESTON, FL 33326 Annuar Reports No Annual Reports Filed Decumentimages CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: July 1, 2025 PRESENTER: Noethlich/Boggus AGENDA ITEM#: 8 C- Utility Services Agreement requests for Service BACKGROUND: Please find below the parcel id or address for 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 ofthe City limits. 1. 3801 LEXUS ST 2. 5151 KENILWORTH BLVD 3. 4201 TALBOT ST 4. 225 TRIUMPH DR 5. 298 RALEY RD 6. 4020 ABERNATHY AVE 7. 4016 ABERNATHY AVE 8. 6124 ODIN AVE 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 UTILITY SERVICES. AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement"): is made and entered into this 17 day of JUME 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: whose mailing address is: 225 TRIDHPA DR. (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 225 7RIUM-PH D PRELIOM BVILDERS uC with parcel identification number -03-3a8rD30 040 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 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 2,176 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility çonnection: SINGLE FA MILy HOME Concvele blnckhome 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 provision of utility service to the Property; and 1 WHEREAS, the Owher has executed the consent set forth in Sec. 23-1 oft the 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, 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, anà 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 oft 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 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 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 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 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 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, 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 of the foregoing occurs. I. At the time thel 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: A Name Printed: ADIONID RHOSSARD STATE OF FLORIDA COUNTY OF HGHCANDS The foregoing instrument was acknowledged before me by means of X T physical presence online notarization, this a day of Jun& 2025, by "Anlorio Khossart who is personally known to me or who X produced pDAis Lcenge as identification. My commission expires: dshn (NOTARY SEAL) Notary Public Dallef Signature HEATHER L. OAKLEY Notary Public Print Name HEATHERR.O OAKLEY MYC COMMSSIN:H8E74736 EXPIRES: May 8, 2029 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, FL: 33870-3702 DECLARATION OF COVENANTS Premivm Builders LLC a Florida liability company or D corporation (herein called "Declarant") is the owner in,fee simple of certain property (herein called the Kas "Property"), located at 225 x1 umph Dr in Highlands County, Florida, more particularly described on Schedule "A attached hefeto. For good and valuable consideration, and in exchange for the right for.t 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 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 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. Thej person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this thel Declarant and that iti is fullyenforceable under its terms A Declaratignort Dated this 'day ofs une 20 25 Declarant: PREKIOM BVLDERS, LLC Two Witnesses: al Florida) Xlimitedi liability company or 0 corporation L/ By: - dRDtg (Printed Name) EAeg R.ELEY Printed Name: ANFONID RHDL4RD Title: MAUAGER But (corporate seal) Giaile (Printed Name). Pnstila finfor STATE OF FLORDA COUNTY OF HEHCANDS foregoing instrument was acknowledged before me by means pf) A or online notarization, this A day of dune 2025 by (name) Anlonib psa as (title) manas Cv of PRMIVm BVi L 0E2S LC al Florida limited liability company or D corporation, who is personally known to me or produced P Drivevs Liciase as identification. Return to: Blishs R Dakles City ofSebring Utilities Dept. Notary Public 321 NI Mango Street Commission No.: Sebring, FL 33870 (affix notarial seal) HEATHERROAKLEY MYCMMISSONEHIGAIN EXPIRES: May 8, 2029 SEARCH Go Parcel C-22-34-28-020-020-0490-0110 225 TRIUMPH DR SEBRING, FL 33872 Owners: PREMIUM BUILDERS LLC Mailing Address 4969 LEEWARD LN FORT LAUDERDALE, FL 33312 DOR Code: 00 - VACANT Neighborhood: 1100.00 - SEB CTRY EST/SEB HILLS AREA Millage: 40 - County Southwest Water Map ID: 26D Legal Description SEBRING COUNTRY EST SEC 2 PB 7 PG 34 LOT 11 BLK 49 DIVISION OF CORPORATIONS DIVIONT of snbi,org CORPORATION 1S an affichd Suite er Floridir ebie Departments of State / Divisions of Corporations / SearchRecords / Search by Entily Name I Detail by Entity Name Florida Limited Liability Company PREMIUM BUILDERS LLC Filing Information Document Number L17000126942 FEI/EIN Number 38-4040689 Date Filed 06/09/2017 State FL Status ACTIVE Principal Address 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL 33312 Changed: 04/26/2021 Mailing Address 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL 33312 Changed: 04/26/2021 Registered. Agent Name & Address Rhossard, Antonio Carlos 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL 33312 Name Changed: 04/26/2021 Address Changed: 03/04/2022 Authorized Person(s). Detail Name & Address Title Manager COELHO, ADAN P 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL: 33312 Title Manager RHOSSARD, ANTONIO C 4969 Leeward Ln 4969 Leeward Ln Fort Lauderdale, FL 33312 Annual Reports Report Year Filed Date 2023 04/06/2023 2024 04/16/2024 2025 04/25/2025 Document Images 04/25/2025 - ANNUALJ REPORI View image in PDF format 04/16/2024. A ANNUAL REPORT View image inl PDF format 04/06/2023- - ANNUALI REPORT View imagei in PDF format 03/04/2022 - ANNUAL REPORT View Image in PDF format 04/26/2021 - ANNUALI REPORT View image in PDF format 06/29/2020 - ANNUALJ REPORT View image in PDF format 03/30/2019 - ANNUALJ REPORT Vlew image in PDF format 08/16/2018- - ANNUALA REPORT View image in PDF format 06/09/2017. - Floridal Limited Liabilly View image in PDF format orica pepanm onT an Sate pison ah Corporations UTILITY SERVICES. AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 06 day of JUNE 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: JOHN BOWMAN (BEAULAND PROPERTIES LLC) whose mailing address is: 6900 US HWY 27 s SEBRING, FL: 33876 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 298 Raley Rd, Sebring, FL 33870 with parcel identification number C043529-400.0240000 as more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and WHEREAS, the Property is 9.03 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 40,000 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: AN NEW 40,000 SF MANUFACTURING BUILDING 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 Gr X sewer service to the Property, the Ovwner agrees to enter intic this Agreemerit 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 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 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-F 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 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 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 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 oft 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: / 50 Name Printed: JOHNE BOWMAN STATE OF FLORIDA COUNTY oFftighlands The foregoing instrument was acknowledged before me. by means of physical presenee or online notarization, this - day of une 2025, by JObn Barma who is personally known to me of who produced as identification. My commission expires: A Qhe (NOTARY SEAL) Notary PubHc Signature Melissa Patcrson Notary Public Print Name ESNTESE 592880 MY C January 12, 2029 EXPIRES. 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, FL: 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: BEAULAND PROPERTIES LLC (JOHN BOWMAN) a Florida elimited liability company or D corporation (herein called "Declarant") is the owner in fee simple of certain real property (herein called the Property"), located at 298 Raley Rd, Sebring, FL 33870 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: X water service X 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. 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. Thej person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this fort the Dfçlarant and thati iti is fiyy.enforceable under its terms Dated 4 - day of K 2015 BouanAppie, uC Two Witnesses: aflorida XI limited liabiliy company or a corporationy - 6 By: tubhewyer Printed) Namey b#t DIENCL Printed Name: ohn Zuman Title: M6 MOAALCADVngK (corporate seal) (Prnjed Name) dessIca Tuner STATE OF on / aA COUNTY GF hlands Qhhe foregoi of instrument was acknowledged before meyby means 98 E physica presence or 1 online notarization, this 9a of oE 2025 by (name) DhA - - a as (title) of a Florida 5 limited liability company or D corporation, who is personally knovn to me or produced as identification. Return to: City of Sebring Utilities Dept. ry Pub! 321 NN Mango Street Co mission No. HH592b60 Sebring, FL: 33870 (affix notarial seal) # HH 592880 HEISBATERES MY COMMISSON Januery 12, 2029 EXPIRES: SEARCH Go Parcel C-04-35-29-A00-A00-0240-0000 298 RALEY RD SEBRING, FL: 33870 Owners: BEAULAND PROPERTIES INC Mailing Address 6900 US HWY 27 S SEBRING, FL 33876 DOR Code: 07 - MISCELLANEOUS Neighborhood: 5025.00 - COMM OFF 27 IN SEBRING Millage: 40 - County Southwest Water Map ID: 91B Legal Description SE 1/4 OF SW 1/4 OF SE 1/4-LESS STRIP OFF WEST SIDE TO TALLEY 4-35-29/24 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this day of JONE 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: 380L LEXUS ST SEBLING FL83872 whose mailing address is: NEYDA TOLLES - huis Eduando TORRes (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 380L LEXUS ST SEBLINL PL 33572 with parcel identification number C234E24-020 0300-0010 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and SQVIALE FOOT WHEREAS, the Property is 2,284 açre(s) in size; and WHEREAS, the Owner seeks to develop thel Property as (circle each that applyd residential, commercial, industrial. For residential development, the density will have no more than 2,284 dwelling units/acre. For commercial or industrial development, there will be a maximum of SQUAE TGsquare feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: BOIDING HILUA L VIN - 1$5l SAFT T PORCH - 2408084 P1 CARPONT- 240 SAFT STOUALE - 108 S4ET WHEREAS, thel 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 ofutility 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 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 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 ofs 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 inçurred 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 - 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 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 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 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] OWNER: nys fous Name Printed: NENDATOLLES Las STATE OF FLORIDA COUNTYOF HIGHLANDS The foregoing instrument was acknowledged, before me by means of X physical presence or online notarization, this 2o"day of 2025, by Neyda lovres and LuIs Tolne who is personally known to me or who X produced FL Drves License) as identification. - My commission expires: HslhR Dukls (NOTARY SEAL) Notary,Public Signature HEATHep R. DALLEY HEATHERR, OAKLEY Notary Public Print Name MY COMMSSIONSHHG748 EXPIRES: May 8, 2029 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 SWbN4 Gouky E6+ SUBDIVISION: SEB CFRY/SEBHYS APEA Luis ETorres andNeylda Toryes (herein called "Declarant") is/are the, owner(s) in fee simple real property (herein called the "Property"), located at 580 opus in Highlands County, Florida, more SE 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 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 oft the services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable under its terps. Dated thi2Oday of June 20 a5 DECLARANT: a disl. Oakley Signature: Witness Printed Name: Auis Eoupede ORRES BouR Signature: Suroa Printed Name: tydas To RRe5 Cughie STATE OF FLORDA COUNTY OF HIHLANDS %. The foregping instrument was acknowledged before me by means of Aphysical presençe or onliner notarization, thisao" day of, une 2025, by Neydn Torrespnel LAIS Torres who D is/are personally known to me or D produced A yvers License as identification) / Return to: vhan R Owley City of Sebring Utilities Dept. Notary Public 321 NI Mango St Commission No.: Sebring, FL 33870 (affix notarial seal) HEATHERRONGEY MY COMMESONEHGS EXPIRES: May 8, 2029 SEARCH Go Parcel C-22-34-28-020-020-0300-0010 3801 LEXUS ST SEBRING, FL 33872 Owners: TORRES LUIS EDURDO + NEYDA Mailing Address 640 SW 4 CT HALLANDALE BEACH, FL 33009 DOR Code: 00 - VACANT Neighborhood: 1100.00 - SEB CTRY EST/SEB HILLS AREA Millage: 40 - County Southwest Water Map ID: 26D Legal Description SEBRING COUNTRY EST SEC 2 PB 7-PG 34 LOT 1 BLK 30 UTILITYS SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement")i is made and entered into this /6 day of Sun6 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: Da buse LLG whose mailing address is: 1719 Capital GU6 Cheyenne uy,82a0/ (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 46/6 Abtrnathy CLUL, Sebrihg, F/ 387à with parcel identification number C 2 35-a8 030-070-0075 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 1y 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 1450 square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval ofthe utility connection: water B/k Kbm 6 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 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 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 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 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 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 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 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: Name Printed: Keméll Kessim STATE OF COUNTYOF CEORIPbRE The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this Lot day of - 2025, by Kemel Kassim who is personally known to me or who produced ELoRiDA DRlueRs Lrense as identification. My commission expires: Ban (NOTARY SEAL) Slgou Notary Public Signature Rerac Sapper Notary Public Print Narhe TRECIASKIPPER MY COMMISSION # HHE 654921 EXPIRES: March 23, 2029 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk 6 Prepared by: Roberts. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring FL3 33870-3702 DECLARATION OF COVENANTS Dabuse LLC al Florida D limited liability company or 0 corporation (herein called "Declarant") is the owner in fee simple of certain real property (herein called the "Property"), located at 4016 Abernuthy VE, ECD nMG in Highlands County, Florida, more particularly described on Schedule "A" attached heteto. For good and, yéluable 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 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 oft the 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 fully enforceable under its terms Dated this lld day of laonk 20.25 Declarant: Dabare LLC Two Witnesses: a Florida a limited liability company or D corporation ghs By: (Printed Name) Aiark wHez Printed Name: Kemell bess Im Title: Camer smaemme (corporate seal) (Printed Name) An mo lingo STATE OF laida COUNTY OP bAE The foregoing instrument was acknowledged before me by means of Bphysical presence or D online notarization, this lb day of V 2025, by (name) lie GsSin, as (title) Ouhek of Dabase a al Florida Hmited liability, company or D corporation, who D is personally known to me or - produced L-DRMeRS L clnse asi identification. Return to: Jucih City ofSebring Utilities Dept. Notary Public SLpou 321 NJ Mango Street Commission No: * 65491/ Sebring, EL 33870 (affixzetarial sRR, TRECIASKIPPER MY COMMISSION #HH654921 EXPIRES: March 23, 2029 SEARCH Go Parcel 002352809007100090 4016 ABERNATHY AVE SEBRING, FL 33875- Owners: DABASE LLC Mailing Address 1719 CAPITOL AVE CHEYENNE, WY 82001 DOR Code: 00 - VACANT Neighborhood: 1105.00 - LAKEWOOD TERR. Millage: 40 - County Southwest Water Map ID: 49A Legal Description LAKEWOOD TERRACE SH 1 PB 2 PG 50 N 1/2 LOT 9 + ALL LOT 10 BLK71 Overview of Dabase, LLC Entity Formation Information State of Organization: Wyoming Date ofOrganization: April 18, 2023 Business Address: 1718 Capitol Avenue, Cheyenne, Wyoming 82001 Registered Agent: Anderson Registered Agents 1716 Capitol Avenue, Suite 100, Cheyenne, Wyoming 82001 Management: and Ownership This company is managed by its managers. Management: Kemell Kassim Membership: Kemell Kassim 100% Entity Tax Information EIN #: 92-3559444 Tax Status: Disregarded Tax Year End: December 31 Tax Return Form: No federal tax retum is required for this entity. Return Due Date: April 15 Ifany ofthe above information is incorrect or you would like to modify, STOP and go no further. Please reach back out to your law coordinator and request the modifications and we will send you a revised operating agreement. Ifthe above information is correct, then you may proceed to review and sign your operating agreement. After signing your operating agreement, you will need to do the following: 1 of 4 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement")i is made and entered into this 16 day of Jone 2025 by and between the CITY OF SEBRING, Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: Ma buse LZC whose mailing address is: 1718 Capihl QUE Cheyenne My, 8200l (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 4030 Abecnethy AUE Sebring, KL38z0 with parcel identification number C-02-35-7 a8-030 -6710 - 0080 as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is 14 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 7750 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility connection: Blek 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) 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 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, 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 THRTY (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 accordançe 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 ofbreach, 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 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: Kenell Kasim STATE OF FLORIBA COUNTYOF fK The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this lo day of 2025, by KomsellKAssin who is personally. known to me or who produced ELRADA Drisees Loense as identification. My commission expires: 3la3)29 Jucia (NOTARY Shpps SEAL) Notary Public Signature Bacia Shppr Notary Public Print Name TRECIASKIPPER MYC COMMISSION# # HH 654921 EXPIRES: March 23, 2029 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 FL: 33870-3702 DECLARATION OF COVENANTS Dabase LLC al Florida 0 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 4020 Abe na #h) AVE SEtrA ins in Highlands County, Florida, more particularly described on Schedule a A" attached heréto. 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 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 oft the 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 fully enforceable under its terms Dated this day of 2025 Declarant: Dabese LLC Two Witnesses: a Florida a limited liability company or 0 corporation By; (Printya Name). 4che HZ Printed Namé. Kent!l Kessin Title: Caett ms (corporate seal) (Printed Name) Ane Malingo STATE OF kiog COUNTY OF ol The foregoing instrument was acknowledged before me by means of Ephysiçal presence or D online notarization, this & -day of A S 2025 by (name) emell Kassin as (title) WneR of Dabase L LC aFlorida limited liability company or 0 corporation, who is personally known to me or produced a 0A berslicense asi identification. Retum to: nahs Utilities Spu City of Sebring Dept. Notary Public 32i NMango Street Commission No. 64921 Sebring, FL 33870 nis ptarial scal) TRECIASKIPPER MY COMMISSIONHH 654921 EXPIRES: March 23, 2029 SEARCH Go Parcel C-02-35-28-030-030-0710-0080 4020 ABERNATHY AVE SEBRING, FL 33875- Owners: DABASE LLC Mailing Address 1718 CAPITOL AVE CHEYENNE, WY 82001 DOR Code: 00 - VACANT Neighborhood: 1105.00 - LAKEWOOD TERR. Millage: 40 - County Southwest Water Map ID: 49A Legal Description LAKEWOOD TERRACE SH 1 PB 2-PG 50 LOT 8 + S 1/2 LOT 9 BLK 71 K Overview of Dabase, LLC Entity Formation Information State ofOrganization: Wyoming Date of Organization: April 18, 2023 Business Address: 1718 Capitol Avenue, Cheyenne, Wyoming 82001 Registered Agent: Anderson Registered Agents 1716 Capitol Avenue, Suite 100, Cheyenne, Wyoming 82001 Management: and Ownership This company is managed by its managers. Management: - Kemell Kassim Membership: Kemell Kassim 100% Entity Tax Information EIN #: 92-3559444 Tax Status: Disregarded Tax Year End: December 31 Tax Retum Form: No federal tax return is required for this entity. Return Due Date: April 15 Ifany of the above information is incorrect or you would like to modify, STOP and go no further. Please reach back out to your law coordinator and request the modifications and we will send you a revised operating agreement. Ifthe above information is correct, then you may proceed to review and sign your operating agreement. After signing your operating agreement, you will need to do the following: 1 of 4 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement") is made and entered into this 19 day of JUNE 2025 by and between the CITYOF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the City") and: ley Holdings,c whose mailing address is: 420A TALBT,SORSE 3382 (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 420n TALBOT ST S2B2I6, FL 382 with parcel identification number C-22-34-a 2-03 - / -bsSD-0o1Das 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 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 2,176 square feet ofbuilding(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval oft the utility connection: SIN 6 G H miu touse, CON ceere BocK 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 applyKwater 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 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 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 ofutility services. 2 Section 4 - Title to Utilities. Title to ail 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 attoreys' fees (whether or not incurred on 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-F 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 bei 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 DEFAULI. 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 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 oft this Agreement are for reference oniy 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, 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 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: - 2 2 Name Printed: BICAAD KANVTE DATASCENS STATE OF FLQRIDA. COUNTYOF HIGHLANDS The foregoing instrument was acknowledged. before me by means of X physical presence or online notarization, this day of - 2025, by Ricaveo Kanitz Samdyténatb who is personally. known to me or who X produçed PL Drivers Lcense as identification. My commission expires: dlR Jubley (NOTARY SEAL) Notary Public Signature HeATHe2 R. OAKLEY HEATHER R. OAKLEY Notary Public Print Name MYC COMMISSIONEIE/AS EXPIRES: May8 8, 2029 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.S Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL: 33870-3702 DECLARATION OF COVENANTS LLC Iner Holdings, a Florida Xlimited liability company or 0 corporation (herein called "Declaranfis the owner in fec simple of certain réal property (herein called the "Property"), located at 450 / boot in Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for thei right for the Property to pay: for and receive the service(s) checked below from the City ofSebring: 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 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 ofthes services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to sign this Declaratigg, Byhel and that iti is fullysnforceable under its terms Dated this a - day of DIRE 200 DeclarantiNTGH OLPINGS LLC Two Witnesses: a Florida limited liability company or 0 corporation ByPCAPe 4 / M DArTASCENe dRDku (Printed Name). HEATBR 2 SAKLEY) Printed Name: - Title: 1 A Bt a (corporate seal) Buslly ut (Printedl Name). fhsallg Anit STATE OF HORIDK COUNTY OF IHLANDS The foregoing instrument was acknowledged before me by means of Sphysical M pregence, or online notarization, this 41 day of une 2025, by (name) pcado ani 2 DOma sconguite) Munasey of Et sivers Cs a ( loldins S G a Florida limited liability company or D corporation, who is personally known to me or & produced FL- Divers License as identification. Return to: . Oakled City of Sebring Utilities Dept. Notary Public 321 NN Mango Street Commission No.: Sebring, FL33870 (affix notarial seal) HEATHERR_OAKLEY MY COMMISSONPIE/ATA EXPIRES: May 8, 2029 SEARCH Go Parcel C-22-34-28-030-030-0550-0010 4201 TALBOT ST SEBRING, FL 33872 Owners: INTER HOLDINGS LLC Mailing Address 501 RANCH RD WESTON, FL 33326 DOR Code: 00 - VACANT Neighborhood: 1100.00 - SEB CTRY EST/SEB HILLS AREA Millage: 40 - County Southwest Water Map ID: 26D Legal Description SEBRING COUNTRY EST SEC 3 PB 9-PG 6 LOT 1 BLK 55 DIVISION OF CORPORATIONS Divoitof Sb,org CORPORATIONS uA ooul ar un Flurkk ehe Department of State I Divisions of Corporations I SearchRecords / Search by Entity Name I Detail by Entity Name Florida Limited Liability Company INTER HOLDINGS LLC Filling.Information Document Number L25000008035 FEI/EIN Number 33-3384204 Date Filed 01/06/2025 Effective Date 01/03/2025 State FL Status ACTIVE Principal Address 501 RANCH RD WESTON, FL 33326 Mailing Address 501 RANCH RD WESTON, FL: 33326 Registered Agent Name & Address KANITZI DAMASCENO, RICARDO 501 RANCH RD WESTON, FL: 33326 Authorized Person(s). Detail Name & Address Title MGR KANITZ DAMASCENO, RICARDO 501 RANCH DR WESTON, FL 33326 Title MGR THORMANN, CINTIA 501 RANCH DR WESTON, FL: 33326 Title MGR UTILITY SERVICES AGREEMENT This UTILITY: SERVICES AGREEMENT (the "Agreement") is made and entered into this 19"lay of une 2025 by and between the CITY OF SEBRING, a Florida municipal borporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City"and: - - - ew - - whose mailing address is: 0200/ Mh Kd. Mebiny Y33872 (collectively, the "Owfer"). Recitals WHEREAS, the Owner owns certain real property located at 5151 en rilevd IR B. with parcel identification number as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and 7h WHEREAS, the Property is 206x300 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 epe as luel - * 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: 17 a A ka 0L a eky 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 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 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, 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 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 attoreys' 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 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 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 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: lafh y. Sowaed Name Printed: ALPHA L. HOWARO STATE OF FLORIDA. COUNTY OF ighlesda The foregoing instrument was acknowledged before me by means of * physical presence or online notarization, this 19 day of pne 2025, by Aipha Las towad who is personally knQwn to me or who produced AL DAvevs LCLRD as identification. My commission expires: im Shaidh (NOTARY SEAL) Notary Public Signature Kim Shands Notary Public Print Name KIM SHANDS MYCOINSSONEHKEIET EXPIRES: December 7, 2028 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorey Dated: 20 ATTEST: City Clerk 6 Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce Avenue Sebring, FL3 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Airpo RoInlaskel Purk ALPHH L, HOWARD (herein called "Declarant") is/are the owner(s) in fee simple of certain real property (herein called the "Property"), located at 5151 eercilus nth Bhk, 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 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 suçcessors 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 thel 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 chis/9 dayaf Pene 2025 DECLARANT: Signature BlE Blaslinere Cfa K.hmd Witness Printed Name: ALPHA h. HOWRRD Signature: Witness Printed Name: STATE OF Flagida COUNTY OF hgalo ta The foregoing instrumgni waacknowledged before me by means ofk physical presence or online notarization, this 19 day of l 2025, by Pipka Jud who is/are personally known to me or produced C R0e C pP as identification. Return to: MK : - - A City ofSebring Utilities Dept. Notary Public 321 N Mango St MFomhss KIM SHANDS Sebring, FL 33870 EXPIRES: Decen caliy M COWMSSIONEHH610847 EXPIRES: December 7, 2028 SEARCH Go Parcel C-12-35-29-060-060-0000-0010 5151 KENILWORTH BLVD SEBRING, FL 33870 Owners: HOWARD ALPHA LOU Mailing Address C/O HARDING + CARBONE, INC 1235 NORTH LOOP WEST STE 205 HOUSTON, TX 77008 DOR Code: 48 - WAREHOUSE STOR/DIST Neighborhood: 5090.00 - IND IN SEBRING Millage: 40 - County Southwest Water Map ID: 112D Legal Description AIRPORT RD INDUSTRIAL PARK PB A PG 31 LOT 1 UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the "Agreement"): is made and entered into this D day of Juhe 202 S 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: 3841 dw) 33 rd Ct miami,Fl 33175 onkedurarev. whose mailing address is: AFido Pelipe Dercon Iopez (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property, located at 6124 odin AVE Jebrik fy 33876 United ua Feu. with parcel identification number . 22-35- 74 - 030 - 019 -0010 as more particularly described in the legal description attached to this Agreement as ExhibitA (the "Property"); and WHEREAS, the Property is 0.36 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) fesidential) commercial, industrial. For residential development, the density will have no more than Q.34dwelling units/acre. For commercial or industrial development, there will be a maximum of N/A square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval ofthe utility connection: moblle honne 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 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 7-1 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 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 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] OWNER: Name Printed: AIFHedO PLleon STATE OF FLORIDA COUNTY OF Highlsads The foregoing instrument was acknowledged before me by means of L physical presence or online notarization, this 10 day of Junc 2025, by who is personally known to me or who produced 0) DI as identification. My commission expires: (NOTARY SEAL) Notary Public $ignature Solerl Bagut - SOLEIL BAQUE Notary Public Print Name Notary Public State of Florida Comm! HH574471 Expires 7/23/2028 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, FL: 33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Desofo Cy Aifredo de leon loper (herein called "Declarant") is/are the owner(s) in fee simple of certain real property (herein called the "Property"), located at 6124 Odin QUc 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 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, 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 of the services. The person or persons signing covenant under the penalty of perjury that this Declaration is fully enforceable underits-terms. Datedthis IOdayof June 2025 DECLARANT: Signature: Witness Printed Name: K/FAC6O 20 locu Signature: Witness Printed Name: STATE OF Plridig COUNTY OF 44 IAgS The foregoing instrument was acknowledged before me by means of t physical presence or online notarization, this I day of JuAe 20_25 by Aieredo de leGa lopez who a is/are personally known to me or Dpfoduced F1 as identification. Return to: City ofSebring Utilities Dept. Notary Public 321 NI Mango St Commission Ne: 7/23/28 Sebring, FL 33870 (affix notarial sealyouEIL BAQUE - Notary Public State of Florida Commi HH574471 Expires 7/23/2028 SEARCH Go Parcel C-22-35-29-030-030-019B-0010 6124 ODIN AVE SEBRING, FL 33876- Owners: LOPEZ ALFREDO FELIPE DE LEON Mailing Address 3891 SW 133RD CT MIAMI, FL 33175 DOR Code: 00 - VACANT Neighborhood: 1167.00 - DESOTO CITY LESS EXP Millage: 40 - County Southwest Water Map ID: 91D Legal Description DESOTO CITY 2ND SUB PB 1-PG 39 LOTS 1-2-3 BLK 19B PER OR 433-PG 527 + OR 432-PG 686 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: July 1, 2025 PRESENTER: Boggus AGENDA ITEM#: 8 D - Approve two (2) fire hydrants installed within 3500 & 3610 Sparta Rd, 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 Adrian Goett, owner of 3610 Land Trust requesting two (2) fire hydrants placement to the above addresses for a new addition to the existing mobile home park. 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 - Copy of the Declaration of Covenant-approved at the 6/17/25 meeting REQUESTED MOTION: Approve Agenda Item as presented COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop. Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER June 18, 2025 Mr. Scott Noethlich, City Administrator City of Sebring 368 S. Commerce Ave Sebring FL33870 Dear Mr. Noethlich, The purpose of this letteri is to request to be placed on the Sebring City Council agenda as soon as possible for the purpose of requesting that the City Council approve the installation and maintenance of two (2) fire hydrants at 3500, 3610 Sparta Rd Sebring Fl 33870. This fire hydrant will be a Mueller or Kennedy brand as required by the City of Sebring. We do understand that there will be a monthly service maintenance fee for each fire hydrant on our monthly water billing. Please find attached a copy of the Declaration of Covenant signed by the property owner, witnessed and notarized as requested. Should you have any questions or concerns, please feel free to contact me. Sincerely, Adrian Goett 305.216.3084 Suskso CH Lials Prepared by: Robert S. Swaine Swaine, Harris & Wohl, P.A. 425 South Commerce. Avenue Sebring, FL33870-3702 DECLARATION OF COVENANTS SUBDIVISION: 36l0 LAND Twsr ? KoLe Reaty uL TWStEE a Florida limited liability company or o corporation (herein called "Declarant") is the owner in fee simple of certain real property (herein called the "Property"), located at 3500360 S9ALTA P SEptiph in Highlands County, Florida, more particularly described on Schedule "A" attached hercto. Fof 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 ofSebring: C water service D fire hydrants 0 fire protection servicc Declarant hereby declares that the Property shall be subjcct to thc following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, titic 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 byt the City ofSebring 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 bencfit 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 Scbring to provide those services and this agreement shall remain valid sO long as the fity of Sebring is willing to provide any ofthe services. The person or persons for the Declarant covenant under the penalty ofj rjAly that they are fully authorized l0 sign this Dcclaration for the Declarant and that iti is fullyenforccable underi itsl Dated this L day of oNL 20 16. Declarant: VolE neRl uC Two Witnesses: a Poplda limited liability comparty or 0 corporation Co By: AP2IAN GOETT HGL (Printed Name). Darlenny Gvias Printed Name: ADRIAAL GOTT Title: 2 AGER zha 49 (corporate seal) (Printed Narpey Sanber AI5R STATE OF Tavds, COUNTY OF MLw: -o The forcgoing instrument Was acknowledged before me by geans of physical, or a online notarization, this lo day of TNe 2025 by (ngpe) Adriay refpeae as (litle) MARG 5 of MMoire. esls L. a. a Florida a limited Gliability company or a corporation, who 0 is personally known lo me or -Produced asi identification, Rclurn lo; City of Sebring Ucilities Dept. Notory Pub Ac 321 NI Mango Street Commissioh No.: 29228 Scbring, FL 33870 (aflix notarial seal) - KETHR. HOELZEL Commission #HH 487717 Expires February 28, 2028 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: July 1, 2025 PRESENTER: Robinson AGENDA ITEM#: 8 E - CDBG Subgrant Award 25DB-N12 Playgrounds B BACKGROUND: During the 2024-2025 budget process, Council identified two community parks that would benefit from new playground equipment, Mary Toney Park and Gabe White Park. An application was submitted on October 31, 2024, for the CDBG Small Cities Grant Program. An award notice dated January 24, 2025 was received to notify the City of the $750,000 grant award and forthcoming subgrant agreement. The City received the attached Subgrant Agreement from Florida Department of Commerce for the requested playground projects on June 12, 2025. ATTACHMENT A Small Cities CDBG Subgrant Agreement 25DB-N12 = FFY 2023 Funding Cycle REQUESTED MOTION: Approve attached Subgrant Contract Number 25DB-N12 agreement for the CDBG federally funded grant an authorize Mayor Shoop to execute and submit the grant award agreement as presented. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT A Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Subgrant Contract Number: 25DB-N12 FLAIR Contract Number: H2600 CFDA Number: 14.228 State of Florida Department of Commerce Federally Funded Small Cities Community Development Block Grant (CDBG) Subgrant Agreement = FFY 2023 Funding Cycle THIS AGREEMENT is entered into by the State of Florida, Department of Commerce, (hereinafter referred to as "Commerce"), and the City ofSebring, Florida, hereinafter referred to as the "Subrecipient" (each individually a "Party" and collectively "the Parties"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS WHEREAS, The U.S. Department of Housing and Urban Development ("HUD") administers the Small Cities Community Development Block Grant ("CDBG") Program at the Federal level and distributes CDBG grant funds to the states. The State of Florida has received these grant funds from HUD; WHEREAS, Commerce is the CDBG grantee agency for the State of Florida, designated to receive funds annually for program purposes. Commerce is authorized to distribute CDBG funds to the Subrecipient sO that the Subrecipient may develop and preserve affordable housing, provide services to communities, and create and retain jobs in the amount and manner set forth in this Agreement and in the following Attachments incorporated herein as an integral part of this Agreement: Attachment A - Project Narrative and Deliverables Attachment B - Project Detail Budget (Example) Attachment C- Activity Work Plan (Example) Attachment D Program and Special Conditions Attachment E - Category Specific Conditions for Neighborhood Revitalization Attachment F - State and Federal Statutes, Regulations, and Policies Attachment G - Civil Rights Requirements Attachment H Reports Attachment I - Warranties and Representations Attachment J - Audit Requirements and Exhibit 1 to Attachment J - Funding Sources Attachment K - Audit Compliance Certification WHEREAS, the Agreement and its aforementioned Attachments are hereinafter collectively referred to as the "Agreement", and if any inconsistencies or conflict between the language of this Agreement and its Attachments arise, then the language oft the Attachments shall control, but only to the extent of the conflict or inconsistency; WHEREAS, Subrecipient hereby represents and warrants that Subrecipient's signatory to this Agreement has authority to bind Subrecipient to this Agreement as of the Effective Date and that Subrecipient, through its undersigned duly authorized representative in his or her official capacity, has the authority to request, accept, and expend Award Funds for Subrecipient's purposes in accordance with the terms and conditions of this Agreement; WHEREAS, pursuant to the requirements of Title 2, Code of Federal Regulations ("C.F.R."), part 200 and 24 C.F.R. S 570.500, the Subrecipient is a subrecipient of the CDBG federal funds and is qualified and eligible to receive these federal funds in order to provide the services identified herein; and 4/24/2025 1 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 NOW THEREFORE, for and in consideration of the covenants and obligations set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree to perform the duties described herein in this Agreement as follows: AGREEMENT The foregoing whereas clauses are hereby incorporated into this Agreement and made a part hereof. (1) Period of Agreement. This Agreement begins on July 1, 2025, (the "Effective Date") and ends on July 31, 2028, unless otherwise terminated as provided in this Agreement ("Agreement Period"). Commerce shall not grant any extension of this Agreement unless the Subrecipient provides justification satisfactory to Commerce in its sole discretion, and Commerce's Deputy Secretary of the Division of Community Development approves such extension. Thej justification must document that project delays are due to events beyond the Subrecipient's control and include a performance plan that demonstrates the Subrecipient's capacity to perform and complete the remaining project tasks within the extension period. Commerce will also take into consideration the Subrecipient's progress and verifiable achievements at Commerce's sole and absolute discretion. Upon expiration or termination of this Agreement, the Subrecipient shall follow the agreement closeout procedures set forth in Attachment H. (2) funding/Conideration. (a) The funding for this Agreement shall not exceed Seven Hundred Fifty Thousand Dollars and Zero Cents ($750,000.00), subject to the availability of funds. The State of Florida and Commerce's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to any modification in accordance with chapter 216 F.S., or the Florida Constitution. (b) Commerce will provide funds to the Subrecipient by issuing a Notice of Subgrant Award/Fund Availability ("NFA") through Commerce's financial management information system. Each NFA may contain specific terms, conditions, assurances, restrictions, or other instructions applicable to the funds provided by the NFA. By accepting funds made available through an NFA, the Subrecipient agrees to comply with all terms, conditions, assurances, restrictions, or other instructions listed in the NFA. Each NFA issued is hereby incorporated by reference and made a part of this Agreement as if fully set forth herein. (c) The Subrecipient hereby certifies to Commerce that written administrative procedures, processes, and fiscal controls are in place for the operation of its CDBG program for which the Subrecipient receives funds from Commerce. The written administrative procedures, processes, and fiscal controls described in this paragraph must, at minimum, comply with applicable state and federal law, rules, regulations, guidance, and the terms ofthis Agreement. Commerce has included, and the Subrecipient shall perform, any necessary special conditions added to Attachment D by Commerce, where Commerce's grant manager determined at the site visit that any of the Subrecipient's procedures were deficient. (d) The Subrecipient shall expend funds only for allowable costs and eligible activities and in accordance with the Scope of Work. (e) The Subrecipient shall request all funds in the manner prescribed by Commerce. The authorized signatory for the Subrecipient set forth on the SERA Access Authorization Form, provided by Commerce, must approve the submission of payment requests on behalf of the Subrecipient. () Except as set forth herein, or unless otherwise authorized in writing by Commerce, costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG funds. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chief Financial Officer, or under Subparagraph (16)(g), Mandated Conditions, oft this Agreement, all obligations on the part of Commerce to make 4/24/2025 2 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 any further payment of funds will terminate, and the Subrecipient shall submit its administrative closeout report and subgrant agreement closeout package within 30 calendar days of receiving notice from Commerce. (h) The Subrecipient is ultimately responsible for the administration of this Agreement, including monitoring and oversight of any person or entity retained or hired by the Subrecipient to complete any activity set forth in this Agreement or the Project Implementation Deliverables listed in Attachment A. The Subrecipient shall send a representative, either an employee or an elected official, to Commerce's Implementation Workshop for the funding cycle sO that it learns its responsibilities under the Agreement. Commerce shall reimburse the travel costs of the representative in accordance with section 112.061, F.S. Failure to send a representative to the Implementation Workshop is an Event of Default as set forth in Paragraph (9) of this Agreement, Events of Default. (3) Repayments. (a) The Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement Period. The Subrecipient shall ensure that its subrecipients, contractors, subcontractors, and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement Period. Pursuant to 24 C.F.R. S 570.489(b), the Subrecipient may request reimbursement for eligible application preparation costs that were listed in the Subrecipient's Application for Funding. (b) In accordance with section 215.971, F.S., the Subrecipient shall refund to Commerce any unobligated funds which have been advanced or paid to the Subrecipient. (c) The Subrecipient shall refund to Commerce any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors, or consultants are entitled under the terms and conditions ofthis Agreement. (d) The Subrecipient shall refund to Commerce any funds received for an activity if the activity does not meet one ofthe three National Objectives listed in 24 C.F.R. S 570.483(b), () and (d); provided however, the Subrecipient is not required to repay funds for subgrant administration unless Commerce, in its sole discretion, determines the Subrecipient is at fault for the ineligibility of the activity in question. (e) The Subrecipient shall refund to Commerce any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to Commerce, by the Subrecipient, within 30 calendar days after Commerce has notified the Subrecipient of such non-compliance. (f) In accordance with section 215.34(2), F.S., if a check, draft, or other order for the payment of money is returned to Commerce for collection, the Subrecipient shall pay to Commerce a service fee of $15.00 or five percent of the face amount ofthe returned check, draft, or other order for the payment of money, whichever is greater. All refunds or repayments to be made to Commerce under this Agreement are to be made payable to the order of "Florida Department of Commerce" and mailed directly to Commerce at the following address: Florida Department of Commerce Community Development Block Grant Programs Cashier 107 East Madison Street MSC 400 Tallahassee, Florida 32399-6508 (4) Modification of Agreement. (a) Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement, and Commerce may accept or reject any proposed modification based on Commerce's determination, and in its sole discretion, that any such acceptance or rejection is in the State's best interest. (b) When requesting a modification, the Subrecipient shall electronically submit a cover letter signed by the Subrecipient's Chief Elected Official or by Subrecipient's duly authorized employee, officer, or board member, as evidenced by a written resolution or similar document. The letter must describe the need for the proposed changes and the effect that they will have on the project. Ift the modification requests a time extension, the letter must provide the justitication for the extension. Commerce shall not grant any extension of this Agreement unless the Subrecipient 4/24/2025 3 Docusign Envelope ID: 66EB1BB6-79F9.4901-A984-CAC62D76B378 provides justification satisfactory to Commerce in its sole discretion, and Commerce's designee within the Division of Community Development approves such extension. The justification must document that project delays are due to events beyond the Subrecipient's control and include a performance plan that demonstrates the Subrecipient's capacity to perform and complete the remaining project tasks within the extension period. Commerce may take into consideration the Subrecipient's progress and verifiable achievements at Commerce's sole and absolute discretion. (c). If, in Commerce's sole and absolute determination, changes to this Agreement are necessitated by law or state or federal guidance, Commerce may at any time, with written notice of all such changes to Subrecipient, modify this Agreement within its original scope and purpose. Subrecipient shall be responsible for any due diligence necessary to determine the impact of the modification. Any modification of this Agreement requested by Subrecipient must be in writing and duly signed by all Parties in order to be enforceable. (5) Records (a) The Subrecipient's performance under this Agreement shall be subject to 2 C.F.R. part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (b) Representatives of Commerce, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, or representatives oft the Federal government and their duly authorized representatives shall have: access to any ofthe Subrecipient's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. (c) The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by Commerce under this Agreement. (d) The Subrecipient will provide a financial and compliance audit to Commerce, if applicable, and ensure that all related party transactions are disclosed to the auditor. (e) The Subrecipient shall retain sufficient records on-site to show its compliance with the terms of this Agreement, and the compliance of: all subrecipients, contractors, subcontractors, and consultants paid from funds under this Agreement, for a period of six years from the date Commerce issues the final closeout (as defined in rule 73C- 23.0031(14), F.A.C.) for this award or for a period of three years from the date that Commerce closes out the CDBG program year(s) from which the funds were awarded by the U.S. Department of Housing and Urban Development, whichever is later. The Subrecipient shall ensure that audit working papers are available upon request for a period of six years from the date this Agreement is finally closed, unless extended in writing by Commerce. The six-year period may be extended for the following circumstances: 1. Ifany litigation, claim, or audit is started before the six-year period expires, and extends beyond the six- year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for six years after final disposition. 3. Records relating to real property acquired shall be retained for six years after the closing on the transfer of title. (f) The Subrecipient shall maintain all records and supporting documentation for the Subrecipient and for all subrecipients, contractors, subcontractors, and consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Scope of Work and all other applicable laws and regulations. (g) The Subrecipient shall comply with the following procedures: 1. Funds that are advanced to the Subrecipient pursuant to this Agreement ("Advanced Funds") shall be maintained in a bank account solely for Advanced Funds. No other funds, whether provided under this Agreement or 4/24/2025 4 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 otherwise, may be maintained in the Advanced Funds account, and Advanced Funds shall not be maintained in any other account. 2. For all other funds provided under this Agreement, the Subrecipient shall either (i) maintain all such funds in a separate bank account solely for such funds, or () the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all such funds. Regardless of whether the Subrecipient 1s operating under subsection @) or subsection (i), any Advanced Funds under this Agreement shall be maintained in a separate bank account specifically for Advanced Funds. 3. There shall be no commingling of any funds provided under this Agreement with any other funds, projects, or programs. "Commingling" of funds is distinguishable from "blending" of funds, which is specifically allowed by law. Commerce may, in its sole discretion, disallow costs made with commingled funds and require reimbursement for such costs as described herein, in Paragraph (3), Repayments, of this Agreement. (h) The Subrecipient, its employees or agents, including all subrecipients, contractors, subcontractors, and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of Commerce, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, or representatives of the Federal government and their duly authorized representatives. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. @) The Subrecipient shall include the aforementioned audit and record keeping requirements in all approved subrecipient contracts and assignments. (6) Audit Requirements. (a) The Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 C.F.R. part 200 if it expends $1,000,000 or more in Federal awards from all sources during each fiscal year of the Agreement Period. (b) The requirements listed in Attachment) J, Part II: State Funded, are not applicable to this Agreement, which is a Federal pass-through award. (c) Within 60 calendar days of the close oft the fiscal year, on an annual basis, the Subrecipient shall electronically submit a completed Audit Compliance Certification, a blank version of which is attached hereto as Attachment K, to udlit.commerce.lgor The Subrecipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between Commerce and the Subrecipient. This form is in addition to the Audit Certification Memo, Form SC-47, that must be sent to Commerce if an audit is not required because the local government spent less than $1,000,000 in Federal funds during the fiscal year. (d) In addition to the submission requirements listed in Attachment), the Subrecipient should send an electronic copy of its audit report or an Audit Certification Memo, Form SC-47, by. June 30 following the end of each fiscal year in which it had an open CDBG subaward to the grant manager listed in Paragraph (14), Notice and Contact. The forms referenced in this Agreement are available online at wwllondaloha/CDBGS.brrdpiminto or upon request from the grant manager listed in Paragraph (14), Notice and Contact. (7) Monitoring. (a) The Subrecipient shall monitor its performance under this Agreement, including the pertormance of any subrecipients, subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that the project activities are being conducted in accordance with the terms and conditions of this Agreement and are accomplished within the specified time periods included in Attachment C - Activity Work Plan and that other performance goals are being achieved. The Subrecipient shall perform a review for each function or activity in Attachment A - Project Narrative and. Deliverables, Attachment B - Project Detail Budget, and Attachment C- Activity Work Plan, and shall include the results in the quarterly report. 4/24/2025 5 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 (b) In addition to reviews of audits conducted in accordance with Paragraph (6), Audit Requirements, monitoring procedures may include, but are not limited to, on-site visits by Commerce staff, or Commerce designees, and limited scope audits. The Subrecipient shall comply and cooperate with any monitoring deemed appropriate by Commerce. If Commerce determines a limited scope audit of the Subrecipient is appropriate, the Subrecipient shall comply with any additional instructions provided by Commerce to the Subrecipient regarding such audit. The Subrecipient shall comply and cooperate with any inspections, reviews, investigations, audits, or hearings deemed necessary by HUD, the Comptroller General of the United States, the Florida Chief Financial Officer, or Auditor General, in accordance with section 20.055(5), F.S., or any Federal Office of the Inspector General. (C) Commerce shall monitor the Subrecipient's performance through desk monitoring and on-site monitoring visits. The Subrecipient shall always and contemporaneously maintain at Subrecipient's work sites and make available to Commerce immediately upon Commerce's request all Agreement records and documentation, including but not limited to: all Subrecipient's consultants' work products produced in contemplation of this Agreement for Subrecipient's Application and pertinent to this Agreement and its implementation. The Subrecipient shall supply data and make records available as necessary for Commerce staff to complete an accurate evaluation of contracted activities. Commerce will issue a monitoring report to the Subrecipient after each monitoring event. The Subrecipient shall reply in writing to any monitoring findings or concerns that require a response within 45 calendar days of its receipt of Commerce's monitoring report. Commerce will clear any findings or concerns in writing once the Subrecipient has successfully addressed them. Commerce will reject a Subrecipient's financial reimbursement request if a required response to a monitoring report is late. (8) Liability (a) Ifthe Subrecipient is a state agency or subdivision, as defined in section 768.28(2), F.S., pursuant to section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence. (b) The Subrecipient is solely responsible to the parties it deals with in carrying out the terms of this Agreement and shall hold Commerce harmless against all claims of whatever nature by third parties arising from the work and services performed under this Agreement. For purposes of this Agreement, the Subrecipient agrees that it is not an employee or agent of Commerce but is an independent contractor. (c) Ifthe Subrecipient is a state agency or subdivision, as defined in section 768.28, F.S., then the Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against Commerce and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, F.S. Nothing herein is intended to serve as a waiver of sovereign immunity by the Subrecipient if sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any agreement, subrecipient agreement, contract, or subcontract. (d) The Subrecipient shall be fully liable for the actions ofits agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Commerce, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Subrecipient, its agents, employees, partners, or subcontractors; provided, however, that Subrecipient shall not indemnify, defend, and hold harmless the State and Commerce, and their officers, agents, and employees for that portion of any loss or damages the negligent act or omission of Commerce or the State proximately caused. (€) Further, Subrecipient shall fully indemnify, defend, and hold harmless the State and Commerce from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation orinfringement ofa trademark, copyright, patent, trade secret ori intellectual property right; provided, however, that the foregoing obligation shall not apply to Commerce's misuse or modification of Subrecipient's products or Commerce's operation or use of Subrecipient's products in a manner not contemplated by this Agreement. If any product is the subject of an infringement suit, or in Subrecipient's opinion is likely to become the subject of such a suit, Subrecipient may, at Subrecipient's sole expense, procure for Commerce the right to continue using the product or to modify it to become non-infringing. If Subrecipient is not reasonably able to modify or otherwise secure for Commerce 4/24/2025 6 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 the right to continue using the product, Subrecipient shall remove the product and refund Commerce the amounts paid in excess of a reasonable fee, as determined by Commerce in its sole and absolute discretion, for past use. Commerce shall not be liable for any royalties. () Subrecipient's obligations under the two immediately preceding paragraphs above, with respect to any legal action are contingent upon the State or Commerce giving Subrecipient (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Subrecipient's sole expense, and (3) assistance in defending the action at Subrecipient's sole expense. Subrecipient shall not be liable for any cost, expense, or compromise incurred or made by the State or Commerce in any legal action without Subrecipient's prior written consent, which shall not be unreasonably withheld. (g) The State and Commerce may, in addition to other remedies available to them at law or equity and upon notice to Subrecipient, retain such monies from amounts due Subrecipient as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of Subrecipient or its affiliates to the State against any payments due Subrecipient under any Agreement with the State. (9) Events of Default. If any of the following events occur ("Event(s) of Defaule"), Commerce may, in its sole discretion, elect to terminate any obligation to make any further payment of funds, exercise any of the remedies set forth in Paragraph (10), Remedies, or pursue any remedy at law or in equity, without limitation. Commerce may make payments or partial payments after any Event of Default without waiving the right to exercise such remedies and without becoming liable to make any further payment: (a) If any warranty or representation made by the Subrecipient in the Subrecipient's àpplication for Funding, this Agreement, or any previous agreement with Commerce is or becomes false or misleading in any respect, notwithstanding any knowledge on the part of Commerce of any untruth of any such representation or warranty, or if the Subrecipient fails to keep or perform any oft the obligations, terms, or covenants in this Agreement or any previous agreement with Commerce and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If any material adverse change occurs in the financial condition of the Subrecipient at any time during the term of this Agreement, and the Subrecipient fails to cure this adverse change within 30 calendar days from the date written notice is sent by Commerce. (c) If the Subrecipient fails to submit any required report, or submits any required report with incorrect, incomplete, or insufficient information, or fails to submit additional information as requested by Commerce; or (d) If the Subrecipient has failed to perform, or timely complete, any of its obligations under this Agreement, including attending Commerce's Implementation Workshop. (10) Remedies. Ifan Event of Default occurs, then Commerce shall, upon 30 calendar days written notice to the Subrecipient and upon the Subrecipient's failure to cure within those 30 calendar days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement upon 24-hour written notice from the date notice is sent by Commerce, in conformity with Paragraph (13), Notice and Contact; (b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Demand that the Subrecipient return to Commerce any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law, rule, or regulation governing the use of the funds; or (e) Exercise any corrective or remedial actions, including but not limited to: 1. Request additional information from the Subrecipient to determine the reasons for or the extent of non- compliance or lack of performance; 4/24/2025 7 Docusign Envelope ID: 56EB1BB6-79F9-4901-A984-CAC62D76B378 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; or 3. Advise the Subrecipient to suspend, discontinue, or refrain from incurring costs for any activities in question. Pursuing any of the above remedies does not preclude Commerce from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or failure to insist upon strict performancel by Commerce will not affect, extend, or waive any other right or remedy available to Commerce or affect the later exercise oft the same right or remedy by Commerce for any other default by the Subrecipient. (11) Dispute Resolution. Disputes concerning the performance of the Agreement shall be decided by Commerce, which shall reduce the decision to writing and serve: a copy on the Subrecipient. The decision will be final and conclusive unless within 21 calendar days from the date of receipt, the Subrecipient files a petition for administrative hearing with Commerce. Commerce's decision on the petition shall be final, subject to the Subrecipient's right to judicial review pursuant to chapter 120.68, F.S. Exhaustion of administrative remedies is an absolute condition precedent to the Subrecipient's ability to pursue any other form of dispute resolution; provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in chapter 120, F.S. (12) Termination. (a) Commerce may suspend or terminate this Agreement for cause upon 24-hour written notice, from the date notice is sent by Commerce. Cause includes, but is not limited to the Subrecipient's: improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, Department of Housing and Urban Development guidelines, policies or directives, or laws; failure, for any reason, to timely and/or properly perform any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect; or refusal to permit public access to any document, paper, letter, or other material subject to disclosure under law, including chapter 119, F.S., as amended. The Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs. (b) Commerce may terminate this Agreement, in whole ori in part, for convenience by providing the Subrecipient 14 calendar days written notice from the date notice is sent by Commerce, setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, ifin the case of partial termination, Commerce determines that the remaining portion of the subaward will not accomplish the purpose for which the subaward was made, Commerce may terminate the portion of the subaward which will not accomplish the purpose for which the award was made. The Subrecipient shall continue to perform any work not terminated. The Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. (€) The Parties may terminate this Agreement for their mutual convenience in writing as agreed upon by the Parties. The termination must include the effective date of the termination. (d) In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, Commerce may terminate this Agreement upon no less than 24 hour written notice to Subrecipient. Commerce shall be the final authority as to the availability of funds and will not reallocate funds earmarked for this Agreement to another program thus causing "lack of funds. ? In the event of termination of this Agreement under this provision, Subrecipient will be paid for any work satisfactorily completed prior to notification of termination. The lack of funds shall not constitute Commerce's default under this Agreement. (e) Ifthis Agreement is terminated, the Subrecipient shall not incur new obligations for the terminated portion of the Agreement after the Subrecipient has received the notification of termination. The Subrecipient shall cancel as many outstanding obligations as possible. Commerce shall disallow all costs incurred after the Subrecipient's receipt of the termination notice. The Subrecipient shall not be relieved of liability to Commerce because of any breach of the Agreement by the Subrecipient. Commerce: may, to the extent authorized by law, withhold payments to the Subrecipient for the purpose of set-off until the exact amount of damages due Commerce from the Subrecipient is determined. 4/24/2025 8 Docusign Envelope ID: 66EB1BB6-79F9.901-A984-CAC62D76B378 (f) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. (13) Notice and Contact. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below or said notification attached to the original of this Agreement. All notices sent to the grant manager via email shall copy the CDBG grants management inbox at CDRCGnms.lanagement@.commera.lga. (b) The name and address of the grant manager for this Agreement is: Sebrina Jones, Government Operations Consultant III Florida Small Cities CDBG Program Florida Department of Commerce 107 East Madison Street MSC 400 Tallahassee, Florida 32399-6508 Telephone: (850) 717-8495 - Fax: (850) 922-5609 Email: hmonecmmerelpns CC: CDHGGm.amagmentcommerre.lgos (d) The name and address of the Local Government Project Contact for this Agreement is: Scott Noethlich, City Administrator City of Sebring 368 South Commerce Avenue Sebring, Florida, 33870 Telephone: (863) 471-5100 - Fax: (863) 471-5142 Email: otnocncemyehngon (e) If different representatives or addresses are designated by either Party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in Paragraph (14)(a) of this Agreement. (14) Contracts. (a) Ifthe Subrecipient contracts any of the work required under this Agreement, a copy oft the proposed contract, and any proposed amendments, extensions, revisions or other changes thereto, must be forwarded to Commerce for prior written approval. For each contract, the Subrecipient shall report to Commerce as to whether that contractor, or any subcontractors hired by the contractor, is a minority business enterprise, as defined in section 288.703, F.S. The Subrecipient shall comply with the procurement: standards in 2 C.F.R. $200.318 £200.327 and $200.330 when procuring property and services under this Agreement. Any contract shall include the applicable Appendix II to 2 C.F.R. part 200 contract provisions for non-federal entity contracts. Documentation must also be maintained on-site by the subgrant Subrecipient. The Subrecipient shall include the following conditions in any contract: 1. that the contractor is bound by the terms of this Agreement; 2. that the contractor is bound by all applicable State and Federal laws, rules, and regulations; 3. that the contractor shall hold Commerce and the Subrecipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this Agreement; 4. provisions addressing bid, payment, and performance bonds, if applicable, and liquidated damages. The Subrecipient shall document in the quarterly report the contractor's progress in performing its work under this Agreement; and 5. the contractor shall include the foregoing provisions in any contract for the performance of any work contemplated by this Agreement. 4/24/2025 9 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 (b) For any contract that the Subrecipient executes for administrative services with a consultant that produced work products in contemplation ofthis Agreement for Subrecipient's Application and pertinent to this Agreement and its implementation, the Subrecipient shall include the following conditions: 1. that all original income survey forms shall be turned over to the Subrecipient; and 2. that copies of any spreadsheets produced to compile survey results shall be given to the Subrecipient. (15) Terms and Conditions. This Agreement, and the attachments and exhibits hereto, contains all the terms and conditions agreed upon by the Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the Parties. Ifa court of competent jurisdiction voids or holds unenforceable any provision ofthis Agreement, then that provision shall be enforced only to the extent that it is not in violation oflaw or is not otherwise unenforceable, and all other provisions shall remain in full force and effect. This Agreement: may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. (16) Mandated Conditions. (a) The laws of the State of Florida shall govern the construction, enforcement, and interpretation of this Agreement, regardless of and without reference to whether any applicable conflicts of laws principles may point to the application of the laws of another jurisdiction. The Parties expressly consent to exclusive jurisdiction and venue in any state court located in Leon County, Florida, and waive any defense of forum non conveniens, lack of personal jurisdiction, or like defense. IN ANY LEGAL OR EQUITABLE ACTION BETWEEN THE PARTIES, THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY, JURY TO THE FULLEST EXTENT PERMITTED BYI LAW. (b) Any power of approval or disapproval granted to Commerce under the terms of this Agreement shall survive the term of this Agreement. (c) The Subrecipient shall comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. S 12101 et seq.) and the Florida Civil Rights and Fair Housing Acts (SS 760.01 - 760.37, F.S.), which prohibit discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, state and local government services, and elecommunications. (d) Pursuant to section 287.133(2)(a), F.S., a person or affiliate, as defined in section 287.133(1), F.S., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list. The Subrecipient warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose ifit or any ofits affiliates is placed on the convicted vendor list. (€) Pursuant to section 287.134(2)(a), F.S., an entity or affiliate, as defined in section 287.134(1), who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. The Subrecipient warrants that neither it nor any ofits affiliates is currently on the discriminatory vendor list. The Subrecipient shall disclose ifit or any of its affiliates is placed on the discriminatory vendor list. () Ifthe Subrecipient is not a local government or state agency and it receives funds under this Agreement from the Federal government, the Subrecipient certifies, to the best ofi its knowledge and belief, that it and its principals: 4/24/2025 10 Docusign Envelope ID: 66EB1BB6-79F9.901-A984-CAC62D76B378 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 2. Have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any offenses enumerated in Subparagraph (20)(h)2., Mandated Conditions, of this Agreement; and 4. Have not within a five-year period preceding this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default. (g) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (h) Any bills for travel expenses shall be submitted and reimbursed in accordance with section 112.061, F.S., the rules promulgated thereunder, and 2 C.F.R. 9 200.474. Ifthe Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, anyi interest income shall either be returned to Commerce or be applied against Commerce's obligation to pay the Agreement award amount. J) The! Subrecipient is subject to Florida's Government in the Sunshine Law (section 286.011, F.S.) with respect to the meetings of the Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with chapter 119, F.S. (k) The Subrecipient shall comply with section 519 of Public Law 101-144 and section 906 of Public Law 101- 625 by having, or adopting within 90 days of execution of this Agreement, and enforcing, the following: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. () Upon expiration or termination of this Agreement the Subrecipient shall transfer to Commerce any CDBG funds on hand at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG funds. (m) Any real property under Subrecipient's control that was acquired or improved in whole or inj part with CDBG funds (including CDBG funds provided to the Sub-subrecipient in the form of a loan) in excess of $25,000 must either: 1. Be used to meet a national objective until five years after expiration or termination of this Agreement, unless otherwise agreed upon by the Parties, or except as otherwise set forth herein; or 2. If not used to meet a national objective, Subrecipient shall pay to Commerce an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition or improvement of the property, for five years after expiration or termination of this Agreement. (17) Lobbying Prohibition. (a) No funds or other resources received from Commerce under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Subrecipient certifies, by its signature to this Agreement, that: 4/24/2025 11 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting toi influence an officer or employee ofany agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding ofa any Federal contract, the making ofany Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,' in accordance with its instructions; and 3. The Subrecipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contraçts under grants, loans, and cooperative agreements) and that all Sub-subrecipients shall certify and disclose as described in this Paragraph (21), above. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. S 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (18) Copyright, Patent, and Trademark. (a) Any and all patent rights accruing under or in connection with the pertormance of this agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by the Subrecipient to the State of Florida. (b) If the Subrecipient has a pre-existing patent or copyright, the Subrecipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (c) Ifany discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Subrecipient shall refer the discovery or invention to Commerce for a determination whether the State of Florida will seek patent protection in its name. If any books, manuals, films, or other copyrightable material are produced, the Subrecipient shall notify Commerce. (d) Within 30 calendar days of execution of this Agreement, the Subrecipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is sO disclosed. Failure to disclose will indicate that no such property exists, and Commerce shall have the right to all patents and copyrights which accrue during performance of the Agreement. (19) Duty of Continuing Disclosure of Legal Proceedings. (a) Prior to execution of this Agreement, Subrecipient must disclose in a written statement to Commerce's Agreement Manager all on-going civil or criminal litigation, investigations, arbitration, or administrative proceedings involving Subrecipient, and each subcontractor of Subrecipient, that Subrecipient reasonably is aware of and that may impact Subrecipient's performance under this Agreement (collectively "Proceedings"). Thereafter, Subrecipient has a continuing duty to promptly disclose all such Proceedings upon occurrence. (b) This duty of disclosure applies to Subrecipient's or Subrecipient's subcontractor's officers and directors when any Proceeding relates to the officer or director's business or financial activities and may impact Subrecipient's performance under this Agreement. Details of settlements that are prevented from disclosure by the terms of the settlement may be annotated as such. (c) Subrecipient shall promptly notify Commerce's Agreement Manager of any Proceeding relating to or affecting Subrecipient's or Subrecipient's subcontractor's business. Ifthe existence of such Proceeding causes the State concern about Subrecipient's ability or willingness to perform this Agreement, then upon Commerce's request, Subrecipient shall provide to Commerce's Agreement Manager all reasonable assurances that: () Subrecipient will be 4/24/2025 12 Docusign Envelope ID: 68EB1BB679F94901:A98+-CAC62078378 able to perform this Agreement in accordance with its terms and conditions; and (i) Subrecipient and/ or its employees, agents, or subcontractor(s) have not and will not engage in conduct in performing services for Commerce which is similar in nature to the conduct alleged in such Proceeding. (20) Public Record Responsibilities (a) In addition to the Subrecipient's responsibility to directly respond to each request it receives for records made or received by the Subrecipient in conjunction with this Agreement and to provide the applicable public records in response to such request, the Subrecipient shall notify Commerce of the receipt and content of such request by sending an email to PAkgsit@commeelges within one business day from receipt ofs such request. (b) The Subrecipient shall keep and maintain public records, on-site as required by Commerce, to perform the Subrecipient's responsibilities hereunder. The Subrecipient shall, upon request from Commerce's custodian of public records, provide Commerce with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by chapter 119, F.S., or as otherwise provided by law. The Subrecipient shall allow public access to all documents, papers, letters or other materials made or received by the Subrecipient in conjunction with this Agreement, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. For records made or received by the Subrecipient in conjunction with this Agreement, the Subrecipient shall respond to requests to inspect or copy such records in accordance with chapter 119, F.S. For all such requests for records that are public records, as public records are defined in section 119.011,F.S., the Subrecipient shall be responsible for providing such public records per the cost structure provided in chapter 119, F.S., and in accordance with all other requirements of chapter 119, F.S., or as otherwise provided by law. (c) This Agreement may be terminated by Commerce for refusal by the Subrecipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Subrecipient in conjunction with this Agreement. (d) If, for purposes of this Agreement, the Subrecipient is a "contractor" as defined in section 119.0701(1)4a), F.S. ("Subrecipient"), the Subrecipient shall transfer to Commerce, at no cost to Commerce, all public records upon completion including termination, of this Agreement, or keep and maintain public records required by Commerce to perform the service. If the Subrecipient transfers all public records to the public agency upon completion of the Agreement, the Subrecipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Ift the Subrecipient keeps and maintains public records upon completion of the Agreement, the Subrecipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Commerce, upon request from Commerce's custodian of public records, in a format that is compatible with the information technology systems of Commerce. (e) IfCommerce does not possess a record requested through a public records request, Commerce shall notify the Subrecpient-contractor of the request as soon as practicable, and the Subrec-pient-contractor must provide the records to Commerce or allow the records to be inspected or copied within a reasonable time. If the Subrecipient- contractor does not comply with Commerce's request for records, Commerce shall enforce the provisions set forth in this Agreement. A Subrecpient-contractor who fails to provide public records to Commerce within a reasonable time may be subject to penalties under section 119.10, F.S. (f) The Subrecipient shall notify Commerce verbally within 24 chronological hours and in writing within 72 chronological hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed or improperly used, copied, or removed (except in the ordinary course of business) by anyone except an authorized representative of Commerce. The Subrecipient shall cooperate with Commerce, in taking all steps as Commerce deems advisable, to prevent misuse, regain possession, or otherwise protect the State's rights and the data subject's privacy. @g The Subrecipient acknowledges that Commerce is subject to the provisions of chapter 119, F.S., relating to public records and that reports, invoices, and other documents the Subrecipient submits to Commerce under this 4/24/2025 13 Docusign Envelope ID: 06EB1BB6-79F94901-A984-CAC62D76B378 Agreement constitute public records under Florida Statutes. The Subrecipient shall cooperate with Commerce regarding Commerce's efforts to comply with the requirements of chapter 119, F.S. (h) Ifthe Subrecipient submits records to Commerce that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information, such records should be identified as such by the Subrecipient prior to submittal to Commerce. Failure to identify the legal basis for each exemption from the requirements of chapter 119, F.S., prior to submittal of the record to Commerce serves as the Subrecipient's waiver of a claim of exemption. The Subrecipient shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Subrecipient does not transfer the records to Commerce upon completion, including termination, of the Agreement. @) IF THE SUBRECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT' THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PAlicpscommerelle, or by mail at Florida Department of Commerce, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. To the extent allowable by law, the Subrecipient shall be fully liable for the actions of its agents, employees, partners, Sub-subrecipients, contractors, and subcontractors and shall fully indemnify, defend, and hold harmless the State and Commerce, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, employees, partners, Sub- subrecipients, contractors, or subcontractors, provided, however, that the Subrecipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or Commerce. Commerce, in its sole discretion, has the right, but the not obligation, to enforce this indemnification provision. (k) Commerce does not endorse any Subrecipient, commodity, or service. No public disclosure or news release pertaining to this Agreement shall be made without the prior written approval of Commerce. The Subrecipient is prohibited from using Agreement information, or Commerce customers in sales brochures or other promotions, including press releases, unless prior written approval is obtained from Commerce. @) The Subrecipient shall comply with the requirements set forth in section 119.0701, F.S., when entering into any public agency contract for services after the Effective Date ofthis Agreement. The Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part with any public funds. Commerce may terminate this Agreement if the Subrecipient does not comply with this provision. (21) Employment Eligibility Verification. (a) E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at: hmplspoxeerfsgoL (b) In accordance with section 448.095, F.S., the State of Florida expressly requires the following: 4/24/2025 14 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 (1) Every public agency and its contractors and subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. (2) An employer shall verify each new employee's employment eligibility within three (3) business days after the first day that the new employee begins working for pay as required under 8 C.F.R. 274a. BeginningJuly 1, 2023, a private employer with 25 or more employees shall use thel E-Verify system to verify a new employee's employment eligibility. (c) If an entity does not use E-Verify, the entity shall enroll in the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date ofthis Agreement. (22) Program Income. (a) The Subrecipient shall report to Commerce all program income (as defined at 24 C.F.R. S 570.489(e)) generated by activities carried out with CDBG funds made available under this Agreement as part of the Subrecipient's Quarterly Progress Report, Form SC-65. The Subrecipient shall use program income in accordance with the applicable requirements of2 2 C.F.R. part 200; 24 C.F.R. part 570; sections 290.046-290.048, F.S.; chapter 73C-23.0051, F.A.C., and the terms of this Agreement. (b) The Subrecipient shall return all program income generated after closeout to Commerce. The Subrecipient shall return all program income generated prior to closeout to Commerce unless the program income is used to fund additional units of CDBG activities, specified in a modification to this Agreement, and duly executed prior to administrative closeout. Commerce or the State may require remittance of all or a portion of any balance of a Subrecipient's program income at the end of a program year. (23) Independent Contractor. (a) In the Subrecipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed that the Subrecipient is always acting and performing as an independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an employer/employee relationship, partnership or joint venture between the Parties. The Subrecipient shall always remain an independent contractor with respect to the services to be performed under this Agreement. (b) The Subrecipient, its officers, agents, employees, subcontractors, or assignees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent, joint venturer, or partner of the State of Florida. Nor shall the Subrecipient represent to others that, as the Subrecipient, it has the authority to bind Commerce unless specifically authorized to do so. (c) Neither the Subrecipient, nor its officers, agents, employees, subcontractors, or assignees are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. (d) The Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant, joint venturer, or partner of the State of Florida. (€) Unless justified by the Subrecipient, and agreed to by Commerce in the Scope of Work, Commerce will not furnish services of support (eg, office space, office supplies, telephone service, secretarial, or clerical support) to the Subrecipient or its subcontractor or assignee. () Commerce shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under this Agreement. The Subrecipient shall have no claim against Commerce for vacation pay, sick leave, retirement 4/24/2025 15 Docusign Envelope ID: 66EB1BB6-79F9-4901-A9B4-CAC62D76B378 benefits, social security, workers' compensation, health or disability benefits, reemployment assistance benefits, or employee benefits of any kind. The Subrecipient shall ensure that its employees, subcontractors, and other agents, receive benefits and necessary insurance (health, workers' compensation, reemployment assistance benefits) from an employer other than the State of Florida. (g) The Subrecipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of chapter 443, F.S. (24) Executive Order 21-223 Pursuant to State of Florida Executive Order Number 21-223, Subrecipient shall utilize the U.S. Citizenship and Immigration Services' Systematic Alien Verification for Entitlements program (known as "SAVE"), or any suçcessor or similar applicable verification program, to confirm the eligibility of beneficiaries before providing any funds, resources, benefits, or any other thing of value during the Agreement term. Further, Subrecipient shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the Agreement utilize SAVE, or any successor or similar applicable verification program, to confirm the eligibility of beneficiaries before providing any funds, resources, benefits, or any other thing of value during the Agreement term. (25) Legal Authorization The Subrecipient certifies that it has thel legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Subrecipient certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. Commerce may, at its discretion, request documentation evidencing the undersigned has authority to bind the Subrecipient to this Agreement as of the date of execution; any such documentation is incorporated herein by reference. (26) Contracting with Entities of Foreign Countries of Concern Prohibited: In accordance with section 287.138, F.S., a contract between a governmental entity and an entity which would give access to an individual's personal identifying information which is executed, extended, or renewed on or after the dates provided in section 287.138(4), F.S., must include an attestation by the entity on Form PUR 1355, Foreign Country of Concern. Attestation Form," which is incorporated herein by reference. Ifapplicable, prior to execution of the Contract, Contractor must provide Commerce with a signed Foreign Country of Concern Attestation Form pursuant to section 287.138(4), F.S., and rule 60A-1.020, F.A.C. (27) Foreign Influence In accordance with section 286.101, F.S., if this Agreement has a value of $100,000 or more, Contractor shall disclose to Commerce any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years. The disclosure requirements are more fully defined within the statute. Contractor represents that it is, and for the duration of this Contract will remain, in compliance with section 286.101, F.S. (28) Human Trafficking In accordance with section 787.06, F.S., when a contract: is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in that statute. Prior to execution of the Contract, Contractor must provide Commerce with an affidavit signed by an officer or a representative of Contractor 4/24/2025 16 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 under penalty of perjury attesting that Contractor does not use coercion for labor or services as defined in section 787.06, F.S. (29) Conflict of Interest This Agreement is subject to chapter 112, F.S. Subrecipient shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. Subrecipient shall also disclose the name of any State employee who owns, directly or indirectly, more than a 5 percent interest in Subrecipient or Subrecipient's affiliates. (30) Abuse, Neglect, and Exploitation Incident Reporting In compliance with sections 39.201 and 415.1034, F.S., an employee of Subrecipient who knows or has reasonable cause to suspect that a child, aged person, or disabled adult is or has been abused, neglected, or exploited shall immediately report such knowledge or suspicion to the Florida Abuse Hotline by calling 1-800-96ABUSE, or via the web reporting option at htp/hmnsmyllamilceicicomemicsabhet: or via fax at 1-800-914-0004. (31) Assignments and Subcontracts (a) Subrecipient shall not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Commerce, which consent may be withheld in Commerce's sole and absolute discretion. Any Subrecipient's attempted assignment of this Agreement or any of the rights hereunder in violation of this provision shall be void ab initio. Commerce will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental entity in the State of Florida upon giving prior written notice of same to Subrecipient. Subrecipient need not seek prior written consent of Commerce for subcontracts issued hereunder if the subcontract requires the subcontractor to comply with the applicable terms and conditions of this Agreement and applicable state and federal law. (b) Subrecipient shall be responsible for all work performed and all expenses incurred in fulfilling the obligations of this Agreement. If Commerce permits Subrecipient to subcontract all or part of the work contemplated under this Agreement, including entering into subcontracts with vendors for services, Subrecipient shall formalize all such subcontracts in documents containing all provisions appropriate and necessary to ensure subcontractor's compliance with this Agreement and applicable state and federal law. Subrecipient shall be solely liable to the subcontractor for all expenses and liabilities incurred under each subcontract. Ifthe State of Florida approves transfer ofSubrecipient's obligations, Subrecipient remains responsible for all work performed and all expenses incurred in connection with this Agreement. Subrecipient, at Subrecipient's expense, shall defend Commerce against all Subrecipient's subcontractors' claims of expenses or liabilities incurred under subcontracts. (c) Subrecipient shall only use properly trained persons who meet or exceed any specified training qualifications as employees, subcontractors, or agents performing work under this Agreement. Upon request, Subrecipient shall furnish a copy of technical certification or other proof of qualification. All Subrecipient's employees, subcontractors, or agents performing work under this Agreement shall comply with all Commerce security and administrative requirements detailed herein. Commerce may conduct, and Subrecipient shall cooperate with all security background checks or other assessments of Subrecipient's employees, subcontractors, or agents. Commerce may refuse access to or require replacement of any of Subrecipient's employees, subcontractors, or agents for cause, including, but not limited to technical or training qualifications, quality of work, changei in security status, or non-compliance with Commerce's security or administrative requirements. Such refusal shall not relieve Subrecipient of its obligation to perform all work in compliance with this Agreement. For cause, Commerce may reject and bar any' of Subrecipient's employees, subcontractors, or agents from any facility. 4/24/2025 17 Docusign Envelope ID: 66EB1BB6-79F9.901-A984-CAC62D76B378 (d) This Agreement shall bind the successors, assigns, and legal representatives of Subrecipient and of any legal entity that succeeds to the obligations of the State ofl Florida. The State of Florida may assign or transfer its rights, duties, or obligations under this Agreement to another governmental Subrecipient in the State of Florida. (€) In accordance with section 287.0585, F.S., and unless otherwise agreed upon in writing between Subrecipient and subcontractor, Subrecipient shall pay each Subrecipient's subcontractor within seven working days of receiving Commerce', 's full or partial payments. Subrecipient's failure to comply with the immediately preceding sentence shall result in a penalty charged against Subrecipient and paid to the subcontractor in the amount of one-half of one percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. () Subrecipient shall provide to Commerce a Minority and Service-Disabled Veteran Business Enterprise Report with each invoice summarizing the participation of certified and non-certified minority and service-disabled veteran subcontractors/material suppliers for that period and the project to date. This report shall include the names, addresses and compensation dollar amount of each certified and non-certified Minority Business Enterprise and Service-Disabled Veteran Enterprise participant and shall be sent to Commerce's Agreement Manager. The Office of Supplier Diversity at (850) 487- 0915 is available to provide information re: qualified minorities. Commerce's Minority Coordinator can be reached at (850) 245-7472 to answer concerns and questions. (g) This Agreement is for the sole benefit of the Parties and their permitted successors and assigns and nothing herein expressed or implied shall give or be construed to give any person or entity, other than the Parties and such permitted successors and assigns, any legal or equitable rights hereunder. (The remainder of this page left blank intentionally.) 4/24/2025 18 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 State of Florida Department of Commerce Federally Funded Subgrant Agreement Signature Page Subgrant Contract Number: 25DB-N12 FLAIR Contract Number: H2600 IN WITNESS WHEREOF, and in consideration of the mutual covenants set forth above and in all Attachments and Exhibits hereto, the Parties, through their duly-authorized representatives, sign this Agreement and represent and warrant that they have read and understand the Agreement and Attachments and Exhibits' terms and conditions on the day, month, and year set forth below. City of Sebring, Florida Florida Department of Commerce By: Date: By: Date: (Authorized Signature) (Authorized Signature) Name: John Shoop Name: J. Alex Kelly Title: Mayor Title: Secretary Federal Tax ID#: 59-6000428 Unique ID #: XYFZHEPLMZG7 Approved as to form and legal sufficiency, subject only to the full and proper execution by the Parties Office of the General Counsel Florida Department of Commerce By: Approved Date: 4/24/2025 19 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment A = Project Narrative and Deliverables 1. PROJECT NARRATIVE: The City of Sebring, Florida ("Subrecipient" or "City") has been selected to participate in the Small Cities Community Development Block Grant ("CDBG") Program. The Subrecipient has been awarded $750,000.00 in FFY 2023 funding in the Neighborhood Revitalization category. The proposed improvements will occur at the Mary Toney Park and the Gabe White Park within the City of Sebring. Service Area 1: The City proposes to make improvements at the Mary Toney Park including the demolition of the existing playground equipment and the construction of new swing sets, playground equipment, new sidewalks, playground turf and shade covers. The service area will serve a total of 2,435 beneficiaries, 1,610 (or 66.00%) of which are Low- to Moderate-Income persons based on the 2016-2020 update to the American Community Survey. Service Area 2: The City proposes to make improvements at the Gabe White Park including the demolition of the existing playground equipment and the construction of new swing sets, playground equipment, new sidewalks, playground turf and shade covers. The service area will serve a total of 4,965 beneficiaries, 3,565 (or 71.00%) of which are Low- to Moderate-Income persons based on the 2016-2020 update to the American Community Survey. 2. SUBRECIPIENT RESPONSIBILITIES: The Subrecipient shall timely perform the Deliverables and Tasks described in Attachment A - Project Narrative and Deliverables, and in doing sO, the Subrecipient shall comply with all the terms and conditions of this Agreement. The Subrecipient shall agree to a written budget ("Project Detail Budget"), subject to the approval of Commerce and in conformity with the current example attached hereto as Attachment B. The Project Detail Budget must identify the maximum reimbursement allowed for the Deliverables and Tasks described in Attachment A. The Subrecipient shall also agree to and shall timely perform the activities as specified within an Activity Work Plan, subject to the approval of Commerce and in conformity with the current example attached hereto as Attachment C. The Project Budget Detail and the Activity Work Plan may be modified by the unilateral determination of Commerce or by mutual consent of the Parties. Project Implementation Deliverable Tasks that are eligible for reimbursement under the Project Implementation Deliverable are as follows: Paid application preparation costs, Developed policies for the Subrecipient to adopt related to special conditions listed in this subgrant agreement, Prepared list of minority and women business enterprise (MBE/WBE) firms that operate in the Subrecipient's area, Conducted activities related to the HUD-required environmental review, Prepared public notices for publication, Submitted public notices for publication, Attended pre-bid conference, bid opening or preconstruction meeting, Reviewed Household Income Certification Forms for households being hooked up to new utility services, Attended meetings ofthe Subrecipient's local governing body to provide progress reports on subgrant activities, Prepared documentation for and attend on-site monitoring visits by Commerce, Prepared requests for funds for submission by the Subrecipient's authorized employee, Prepared subgrant modification documents for the Subrecipient to submit to Commerce, Prepared the Administrative Closeout Report for submission by the Subrecipient, Prepare and submit detailed quarterly progress report, Section 3 or MBE/WBE report to Commerce, Responded to citizen complaints, Prepared responses to monitoring findings and concerns for Subrecipient to submit to Commerce or HUD, Paid advertising costs of public notices and invitations to bid, Paid permit fees, Paid legal fees, 20 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment A = Project Narrative and Deliverables Paid invoices for environmental review activities other than advertising, Paid CDBG portion of required audit, and Submitted requests for funds to Commerce. Engineering Services Deliverable Tasks that are eligible for reimbursement under the Engineering Services Deliverable are as follows: Basic Engineering Services a) Developed the plan drawings for the project, b) Developed the specifications for the project, c) Developed the bid documents for the project, d) Prepared permit applications, e) Attended prebia/pre-constrnuction conference, f) Prepared change orders, and g) Reviewed construction bids and make recommendation to the Subrecipient. Resident Inspection a) Inspected construction activities for consistency with plans and specifications, and b) Reviewed construction invoices and certify costs. Preliminary Engineering Services a) Provided a cost estimate of the project, and b) Assessed sites for the project. Additional Engineering Services a) Conducted site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as may be required, such as route surveys, b) Conducted laboratory tests, well tests, borings, and specialized geological soils, hydraulic, or other studies recommended by the engineer, c) Conducted property surveys, detailed description of sites, maps, drawings, or estimates related to them, assistance in negotiating for land and easement rights, d) Gathered necessary data and file maps for water: rights, e) Conducted redesigns ordered by the owner after final plans have been accepted by the owner and the local government, except redesigns to reduce the project cost to within the funds available and projects which received "readiness to proceed" points or a planning and design grant, f) Appeared before courts or boards on matters of litigation or hearings related to the project, g) Conducted environment assessments or environmental impact statements, h) Performed detailed staking necessary for construction of the project in excess of the control staking, 1) Provided an operation and maintenance manual for a facility, 1) Conducted activities required to obtain state and federal regulatory agency construction permits, k) Designed hookups, and I) Paid the cost of engineering specialties such as electrical; hydro-geological services; biologists; and heating, ventilation, and air conditioning (HVAC). 3. COMMERCE RESPONSIBILITIES: Commerce shall receive and review the Deliverables and, upon Commerce's acceptance of the Deliverables and receipt of the Subrecipient's pertinent invoices in compliance with the invoice procedures of this Agreement, Commerce shall process payment to the Subrecipient in accordance with the terms and conditions of this Agreement. 4. DELIVERABLES: Subrecipient agrees to provide the following services as specified: 21 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment A - Project Narrative and Deliverables Minimum Level of Service Financial Deliverable (to submit for request for payment) Consequences Project Implementation The Subrecipient shall be reimbursed upon Failure to perform The Subrecipient shall complete completion of a minimum of one (1) project the minimum level of eligible project implementation implementation task on a per completed task basis service shall result in tasks as detailed in Attachment A, as detailed in Attachment A, Section 2 - nonpayment for this Section 2 - Subrecipient Subrecipient Responsibilities, Project deliverable for each Responsibilities, Project Implementation Deliverable; evidenced by invoice(s) payment request. Implementation Deliverable. noting completed tasks as well as payroll and other supporting documentation, as applicable. Minimum Level of Service Financial Deliverable (to submit for request for payment) Consequences Engineering Services The Subrecipient shall be reimbursed upon Failure to perform The Subrecipient shall complete an completion of a minimum of ten percent (10%) of the minimum level of task one task as detailed in Attachment A, Section 2,- service eligible as detailed in shall result in Attachment A, Section 2, Subrecipient Responsibilities; evidenced by nonpayment for this invoice(s) noting the percentage of the task(s) that deliverable for each Subrecipient Responsibilities, have been completed. Engineering Deliverable. payment request. Minimum Level of Service Financial Deliverable (to submit for request for payment) Consequences Construction Following a draw for mobilization*, the Subrecipient Failure to perform The Subrecipient shall complete shall be reimbursed upon completion of a minimum the minimum level of infrastructure construction as of ten percent (10%) of overall project as detailed in service shall result in detailed in Section 1, Attachment A Section 1, Attachment A - Project Narrative. As nonpayment for this - Project Narrative. evidence of percent completed, the Recipient shall deliverable for each provide AIA forms G702/G703 or similar payment request. Commerce-approved industry-standard forms, signed by the contractor and certified by the engineer performing inspection services for the project, documenting the costs for which reimbursement is being requested, and noting overall percent completion of the project. Mobilization refers to a contractor's mobilization of equipment, materials and barriers to the work site(s). TOTAL AWARD NOT TO EXCEED: $750,000.00 22 Docusign Envelope ID: 56EB1BB6-79F9-4901-A984.CAC62D76B378 Attachment B = Project Detail Budget (Example) Subrecipient: Modification Number: N/A Contract Number: Activity Accomplishments Beneficiaries Budget Activity Unit Number VLI MI CDBG Other Total # Description LI All Amount Funds Source"* Funds 1. Project Implementation 2. Relocation / Engineering 3. Construction Totals: Show thes sources and amounts of"Other Funds" needed to complete the project below, including local funds, grants from other agencies and program income. Other Funds Source Other Funds Counted as Leverage Not Counted as Leverage 1. 2. 3. 4. 5. 23 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984.CAC62D76B378 Attachment C = Activity Work Plan (Example) Subrecipient Activity: Project Budget: Contract Number: Date Prepared: Modification Number: N/A Describe Proposed Action to be Completed by the "End Date." Estimated Estimated Examples ofActions: Procure Administrator or Enginer, Complete Enironmental! Revien and Obtain Release of Units to Funds to Start Date End Date Funds, Request Wage Decision, Complete and. Submit Design and. Sperijfications, Adrertise r and Open Bids; Issue Notice be be (month/year) (month/yeat) 1o Prced, Construction Completion (20, 40, 60, 80, and 100 perrent or25, 50, 75, and 100 perent), Complete Completed by Requested by Comstniction Procrement Process, Adrertise Arailabiliy fHouting Rebabilitation Funds, Complete Rankings gf Homes per the the HAP, Number fHonses Rebabilitated, and. Submit Closeont Parkage lo Commere. "End Date" "End Date" 24 Docusign Envelope ID: 66EB18B6-79F9-4901-A984-CAC62D76B378 Attachment D - Program and Special Conditions Program Conditions 1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion. a. Within 120 calendar days of the subgrant execution date, the Subrecipient shall complete the following activities: Request approval for all professional service contracts; and Submit an initial payment request for administrative services, if applicable. b. Within 180 calendar days of the subgrant execution date, the Subrecipient shall complete the following activities: Complete the environmental review and submit the Request for Release of Funds and Certification (form HUD-7015.15) to Commerce for review; and Request a wage decision(s) using Commerce form SC-56 for applicable construction activities if points were received on the application for Readiness to Proceed;" C. The Subrecipient shall advertise for its construction procurement within 30 calendar days after receiving its Authority to Use Grant Funds (form HUD-7015.16) and Commerce's written acceptance of the plans and specifications if Subrecipient received points for "Readiness to Proceed" on its Application for Funding. d. Ifthe Subrecipient did not receive points for Readiness to Proceed," it must request a wage decision(s) using Commerce form SC-56 at least 30 days before advertising for its construction procurement. 2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the budget/activity. line items as defined in Attachment B -Project Detailed Budget, Attachment A- Project Narrative and Deliverables, Subrecipient Responsibilities, and Attachment C Activity Work Plan. 3. No costs may be incurred prior to the effective date of this Agreement, except for those eligible application preparation costs outlined in the original Small Cities CDBG Application for Funding submitted to Commerce, unless pre-agreement costs were approved in writing by Commerce. 4. The Subrecipient shall not exclude any firm from submitting a bid or proposal for any work funded partially or wholly with CDBG funds based on a minimum experience requirement. However, a firm's experience can be considered as an evaluation factor in the ranking for professional services and taken into account in evaluating the "responsibility" of a firm when determining the "low, responsive, responsible bidder" for services procured through bids, as required by 2 C.F.R. S 200.319(a). 5. CDBG procurement for consultant services and construction activities requires public notice in a newspaper of general circulation in the county where the Subrecipient is located. The public notice shall include the following criteria for the procurement process to meet legal requirements and be approved: a. If the notice is published in a newspaper that is located in an Office of Management and Budget (OMB) designated metropolitan statistical area (MSA), only one responsible and responsive bid or proposal is needed to complete the procurement process. Ifthe notice is not published in a newspaper that is located in an MSA, at least three responsible and responsive bids or proposals must be received by the Subrecipient to complete the procurement process; b. A Subrecipient, whose newspaper of general circulation is not located in a MSA, may advertise in both a local newspaper and a newspaper in a nearby MSA. In this case, only one responsible and responsive bid or proposal would be needed to complete the procurement process; Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment D - Program and Special Conditions C. The public notice must be published at least 12 days before the deadline for receipt of the proposals or bids. For construction activities, the public notice period shall conform to section 255.0525, F.S. regarding the numbers of days between publishing the notice and bid opening; d. Nothing in subparagraphs a., b., or C., above shall preclude the Subrecipient from using additional media to solicit bids related to procurement of professional services and construction activities; e. Each public notice for procurement of CDBG professional services, except for application preparation, must identify either the CDBG funding cycle or the CDBG contract number. In the absence of any identifier, the procurement will be presumed to be for the CDBG funding cycle closest to the publication date of the notice; f. Inj procuring services for subgrant administration, the public notice or the Request for Proposals must include all the criteria that will be used to evaluate and score the proposals. Any firm that assists the Subrecipient in developing or drafting criteria used in the Request for Proposals (RFP) shall be excluded from competing for the procurement as required by 2 C.F.R. S 200.319(a); and g. Any Request for Proposals (RFP) which includes more than one service shall provide the following: Proposals may be submitted for one or more of the services; Qualifications and proposals shall be separately stated for each service; and Separate evaluations shall be done on the proposals for each service. If separate procurements result in one firm being selected for both application and administration services, those services may be combined into one contract provided there are separate scopes of work and a separate fee for each service. 6. A written evaluation, such as a ranking sheet or narrative, shall be prepared for each proposal, ranking or comparing each proposal to the criteria in the published RFP. 7. The Subrecipient is not required to publish a RFP for subgrant administration if it decides to contract with its Regional Planning Council to administer the subgrant. 8. A Subrecipient whose application received "Readiness to Proceed" points may use the design engineer for services during construction if Commerce determines that the procurement for design services is compliant with 2 C.F.R. part 200 and the RFP specifically included services during construction in the scope of work. 9. For construction procurement, if other funding sources will be included in the bid documents, the activities to be paid for with CDBG funds must be shown separately sO that the bid proposal identifies the CDBG activities and the amount of the contract to be reimbursed with CDBG funding. 10. Construction contracts shall be awarded to the low, responsive and responsible bidder. If all bids exceed the available funds, the Subrecipient can apply one or more deductive bid alternates to determine the low, responsive and responsible bidder. The Subrecipient can reject all bids if they exceed the available funds and republish the notice. 11. The Subrecipient shall request approval of all professional services contracts and/or agreements that will be reimbursed with CDBG funds. Copies ofthe following procurement documents must be provided to Commerce for review: a. A copy of the Request for Proposals (RFP); b. A copy of the RFP advertisement, including an affidavit of publication from the newspaper; C. A list of entities to whom a notification oft the RFP was provided by mail or fax (ifapplicable); d. Documentation of all efforts to get MBE/WBE firms to submit proposals; 26 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment D - Program and Special Conditions e. For ngineering/arehitecure contracts, a list of firms that submitted a proposal (only if short-listing procedure was used); f. Completed and signed final valuation/franking forms for all firms submitting a proposal and a scoring summary sheet; g. A copy ofthe cost analysis for administrative services procurements, or if multiple responses to the RFP were received, a copy of the price analysis; h. A copy of a cost analysis for all procurements of engineering services; 1. A copy of the minutes from the commission/council meeting approving contract award; j- A copy of the proposed contract; k. Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $150,000; I. If aj protest was filed, a copy of the protest and documentation of resolution; m. The Subrecipient shall request Commerce's approval of a single source procurement if only one firm was considered and the contract exceeds $35,000. The Subrecipient shall not enter into a contract to be paid with CDBG funds based on a sole source or single proposal procurement without prior written approval from Commerce. Failure to secure prior written approval shall relieve Commerce of any obligation to fund the said procurement contract or agreement. Commerce shall disallow any payments to the Subrecipient to fund any contract or agreement based on a sole source or single proposal procurement for which the Subrecipient has not obtained Commerce's approval; and n. If a regional planning council or another local government is selected to administer subgrant activities, the Subrecipient shall submit only a copy oft the contract or agreement and cost analysis information. Commerce will either approve the procurement or notify the Subrecipient that the procurement cannot be approved because it violates State, Federal, or local procurement guidelines. The Subrecipient shall notify Commerce in writing no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-CDBG funds to pay for professional services. 12. Prior to the obligation or disbursement of any funds, except for administrative expenses for all subgrants other than Economic Development subgrants, not to exceed $5,000, and for Economic Development Grants, not to exceed $8,000, the Subrecipient shall complete the following: a. Submit for Commerce's approval the documentation required in paragraph 11 above for any professional services contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before Commerce approves the procurement. If Commerce does not approve the procurement of a professional services contract, the local government will not be able to use CDBG funds for that contract beyond $5,000 [$8,000 for Economic Development). b. Comply with 24 C.F.R. part 58, and the regulations implementing the National Environmental Policy Act, 40 C.F.R. SS 1500-1508. When the Subrecipient has completed the environmental review process, it shall submit a Request for Release of Funds and Certification. Commerce will issue an Authority to Use Grant Funds (form HUD-7015.16) when this condition has been fulfilled to the satisfaction of Commerce. The Subrecipient shall not commit funds or begin construction before Commerce has issued the "Authority to Use Grant Funds." C. The Subrecipient shall obtain approval from Commerce prior to requesting CDBG funds for engineering activities and costs which are additional engineering services as defined in rules 73C-23.003100Q-0. F.A.C. 13. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. SS 4601-4655; hereinafter, the "URA"), implementing regulations at 24 C.F.R. part 42, 49 C.F.R. part 24 and 24 C.F.R. S 570.606(b), the requirements of24 C.F.R. S 42.325 42.350 governing the 27 Docusign Envelope ID: 66EB1BB6-79F9.4901-A984-CACAC62D76B378 Attachment D -Program and Special Conditions Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. S 5304(d)), and the requirements in 24 C.F.R. S 570.606(d), governing optional relocation assistance policies. Ifthe Subrecipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including a notice to property owners of his or her rights under the URA, an invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) SO that Commerce can determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 C.F.R. S 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. 14. For Neighborhood Revitalization, Commercial Revitalization and Economic Development projects, the Subrecipient shall, prior to being reimbursed for more than $15,000 for administrative services, provide to Commerce a copy of all engineering specifications and construction plans, if required, for the activities described in the Agreement. The Subrecipient shall also furnish Commerce, prior to soliciting bids or proposals, a copy of bid documents for services and/or materials to provide those services and/or materials for construction activities when the bids are expected to exceed $35,000. Additionally, the Subrecipient shall not publish any request for bids for construction purposes or distribute bid packages until Commerce has provided its written acceptance of the engineering specifications, construction plans, and bid documents. 15. For each procured construction contract or agreement in the Neighborhood Revitalization, Commercial Revitalization and Economic Development categories for which CDBG funding will be requested, the Subrecipient shall submit the following procurement documents: a. A copy of the bid advertisement, including an affidavit of publication; b. Documentation of the Subrecipient's efforts made to inform minority- and woman-owned businesses of the opportunity to bid on the construction contract; C. A copy of the bid tabulation sheet; d. A copy of the engineer's recommendation to award; e. A letter requesting sole source approval, if applicable; f. A copy of the bid bond (five percent of the bid price) for the prime contractor(s) selected to do the work, and; g. Completed copies of the following forms for all prime contractors and subcontractors: Form SC-51 - Bidding Information and Contractor Eligibility; Form SC-37 - Certification Regarding Debarment, suspension, and Other Responsibility Matters (Primary Covered Transactions); Form SC-52 - Section 3 Participation Report (Construction Prime Contractor); Form SC-38 (ifapplicable) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor); Form SC-53 (if applicable) Section 3 Participation Report (Construction Subcontractor), and; Form SC-54 (if applicable) - Documentation for Business Claiming Section 3 Status For each procured construction contract or agreement in Housing Rehabilitation projects for which CDBG funding will be requested, the Subrecipient shall submit the following procurement documents for all prime contractors and subcontractors: a. Form SC-37 - Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); 28 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment D - Program and Special Conditions b. Form SC-52 - Section 3 Participation Report (Construction Prime Contractor); C. Form SC-38 (if applicable) - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Subcontractor); and d. Form SC-53 (if applicable) Section 3 Participation Report (Construction Subcontractor). 16. For each procured construction contract or agreement in the Neighborhood Revitalization, Commercial Revitalization and Economic Development categories, if a job classification needed to complete a construction activity is not included in the Davis-Bacon Act wage decision that was previously obtained from Commerce, the Subrecipient shall request an additional classification using Form SC-57 - Employee/Employer: Wage-Scale Agreement after the construction contract has been awarded. 17. For each Commercial Revitalization, Economic Development and Neighborhood Revitalization projects, when the Subrecipient issues the Notice to Proceed to the contractor(s), copies oft the following documents shall be sent to Commerce: a. Notice to Proceed; b. The contractor's performance bond (100 percent of the contract price) if the contract exceeds the Simplified Acquisition Threshold as listed in 2 C.F.R. S 200.1; and C. The contractor's payment bond (100 percent of the contract price) if the contract exceeds the Simplified Acquisition Threshold as listed in 2 C.F.R. S 200.1. 18. The Subrecipient shall submit a certification that it will affirmatively further fair housing pursuant to 24 C.F.R. 9 570.487(b). 19. All leveraged funds shall be expended concurrently and, to the extent feasible, proportionately with the expenditure ofCDBG funds for the same: activity. The Subrecipient shall document the expenditure ofl leveraged funds required for the points claimed in the application as it may have been amended through the completeness process and as reflected on the Project Detail Budget. All funds claimed for leverage shall be expended after the date that the Authority to Use Grant Funds is issued and prior to Subrecipient's submission of the administrative closeout package for this Agreement, except for the following costs: Eligible administrative, engineering and environmental review costs expended after the site visit but prior to the date when the Authority to Use Grant Funds is issued, and The CDBG portion of the cost of post-administrative closeout audits. 20. The resulting product of any activity funded under this Agreement as amended shall be ineligible for rehabilitation or replacement with CDBG funds for a period of five years. 21. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility, excluding easements, acquired with CDBG funds. This restriction shall limit the use of that real property or facility to the use stated in the subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. S 570.505. Any future change of use of real property shall be in accordance with 24 C.F.R. S 570.4890). 29 Docusign Envelope ID: 66EB1BB6-79F9.4901-A984-CAC62D76B378 Attachment D Program and Special Conditions 22. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act of1 1966, as amended, the procedures set forth in 36 C.F.R. part 800, and the Secretary ofthe Interior's Standards for Rehabilitation, codified at 36 C.F.R. 67, and Guidelines for Rehabilitating Historic Buildings. 23. Pursuant to section 102(b), Public Law 101-235, 42 U.S.C. S 3545, the Subrecipient shall update and submit Form HUD 2880 to Commerce within 30 calendar days of the Subrecipient's knowledge of changes in situations which would require that updates be prepared. The Subrecipient must disclose: a. All developers, contractors, consultants, and engineers involved in the application or in the planning, development, or implementation of the project or CDBG-funded activity; and b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of the grant, whichever is less. 24. If required, the Subrecipient shall submit a final Form HUD 2880, to Commerce with the Subrecipient's request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout. 25. Conflicts of interest relating toj procurement shall be addressed pursuant to 24 C.F.R. S 570.489(g). Title 24 C.F.R. S5 570.489(h) shall apply in all conflicts ofi interest not governed by 24 C.F.R. S 570.489(g), such as those relating to the acquisition or disposition of real property; CDBG financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply with, and this Agreement is subject to, chapter 112 F.S., and rule 73C-23.0051(), F.A.C. 26. Any payment by the Subrecipient using CDBG funds for acquisition of any property, right-of-way, or easement that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by Commerce prior to distribution of the funds. Should the Subrecipient fail to obtain Commerce pre-approval, any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with CDBG funds. 27. The Subrecipient shall take photographs of all activity locations from multiple angles prior to initiating any construction. As the construction progresses, additional photography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations willl be provided to Commerce with the administrative closeout package for this Agreement. 28. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package and a copy of the certification shall be submitted with the administrative closeout package. Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment D = Program and Special Conditions 29. Ifr necessary, the Subrecipient shall retain sufficient administration funds to ensure internet access, including email, for the duration of the Agreement, including any time extensions. If the Subrecipient does not already have a computer designated to the person responsible for grant oversight, which is located in the program office and capable ofi internet access, administrative funds may be used as needed to obtain, at reasonable cost, a computer to allow internet access. Special Conditions Not Applicable. (The remainder of this page left blank intentionally.) Docusign Envelope ID: 56EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment E = Category Specific Conditions for Neighborhood Revitalization 1. The Subrecipient must meet: a "National Objective" for each service area addressed with CDBG funds. Ifal National Objective is not met for a service area, all CDBG funds received for the activities conducted in that service area must be repaid. 2. Ifthe Subrecipient installs water lines with CDBG funds for the purpose of fire protection, those lines shall only be converted to a potable water distribution system if the housing units of all low- and moderate-income families in the service area are hooked up to the potable water system at no cost to low- and moderate-income households. Hookups must be accomplished prior to or concurrent with conversion of the water lines to a potable water distribution system. 3. The Subrecipient is responsible for verifying and maintaining documentation that households receiving direct benefits, in the form of hookups to potable water and/or sewage collection lines, meet program requirements regarding the low- and moderate-income National Objective. The Subrecipient shall maintain homeowner files locally and at a minimum include the following: a. The name of the owner, the address ofthe property, and family size; b. The method and source documentation used to verify household income; C. Documentation that the income of the household is below CDBG income limits based on family size; d. The method and source documentation used to verify home ownership; and e. If rental property is involved, an acceptable five-year written agreement with the owner(s) related to affordability and subsequent rate increases. The information must be maintained for review and verification during on-site monitoring visits. 4. The Subrecipient shall provide the following data in its Administrative Closeout Report for each CDBG-funded activity: a. For activities which provide indirect benefits (e.g., road paving, water and sewer improvements, parks, fire protection), beneticiary data shall be provided for all residents of the households being served. For activities that provided direct benefits (e.g., utility hookups, housing rehabilitation, temporary relocation), beneficiary data shall be provided based solely on the head of household. The number of females and female heads of households, the number of handicapped persons, the number of elderly persons; b. The number of moderate-income (MI), low-income (LI), and very low-income (VLI) beneficiaries proposed and actually served; C. The name of each head of household, owner's name (if different), and address of each housing unit hooked up to water or sewer service with CDBG funds, the date the construction was completed on the housing unit, and the amount of CDBG funds spent on that housing unit; and d. The racial demographics and ethnicity of the head of each household using the following descriptions: 1) White, 7) Asian and White, 2) African American, 8) African American and White, 3) Asian, 9) American Indian/Alaskan Native and African 4) American Indian or Alaskan Native, American, or 5) Native Hawaian/Pacific Islander, 10) Other Multi-Racial; and 0) American Indian or Alaskan Native and 11) Ifthe head of household is Hispanic White 32 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment F- State and Federal Statutes, Regulations, and Policies The Subrecipient agrees to, and, by signing this Agreement, certifies that, it will comply with the requirements of 24 C.F.R. part 570, subpart I, and S 570.2000) and S 570.606 (HUD regulations concerning State Community Development Block Grant Programs). The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State and local laws, regulations, and policies governing the funds provided under this Agreement, including, but not limited to the following: 1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. part 200); 2. Florida Small Cities Community Development Block Grant Program Act (SS 290.0401-290.048, F.S.); 3. Florida Small Cities Community Development Block Grant Program rules (chapter 73C-23, F.A.C.); 4. Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. SS 5301-5321); 5. Rules and Procedures for Efficient Federal-State Funds Transfers (31 C.F.R. part 205); 6. Community Planning Act (S 163.3164, F.S.); 7. Florida Small and Minority Business Assistance Act (SS 288.703-288.706, F.S.); 8. CDBG Technical Memoranda atpsl/ynny.hudechachans-info/communtp-deciopmem/dla., 9. Applicable HUD Community Planning and Development Notices latpsl/anv.hude.changeinfo/manages program/cpl-notice: 10. Single Audit Act Amendments of 1996 (31 U.S.C. SS 7501-7507); 11. Environmental Review Procedures for Entities Assuming HUD Responsibilities (24 C.F.R. part 58); 12. Environmental Criteria and Standards (24 C.F.R. part 51); 13. Flood Disaster Protection Act of 1973, as amended (42 U.S.C. SS 4001-4129), Floodplain Management and Protection of Wetlands (24 C.F.R. part 55), and Executive Orders 11988 (Floodplain Management) and 11990 (Protection of Wetlands); 14. National Environmental Policy Act of 1969, as amended (42 U.S.C. SS 4321-4370h) and other provisions ofl law which further the purpose of this act; 15. National Historic Preservation Act of 1966, as amended (54 U.S.C. SS 300301-320303), Protection of Historic Properties (36 C.F.R. part 800), and other provisions of law which further the purpose of this act; 16. Archaeological and Historic Preservation Act of 1974 and Reservoir Salvage Act of 1960, as amended (54 U.S.C. SS 312501-312508); 17. Coastal Zone Protection Act of 1985 (SS 161.52-161.58, F.S.); 18. Safe Drinking Water Act of1 1974, as amended (42 U.S.C. SS 300f, et seq.); 19. Federal Water Pollution Control Act of 1972, as amended (33 U.S.C. SS 1251-1387); 20. Davis--Bacon Act of 1931, as amended (40 U.S.C. SS 3141-3148) and Labor Standards Provisions of 29 C.F.R. part 5; 21. Contract Work Hours and Safety Standards Act of 1962, as amended (40 U.S.C. SS 3701-3708); 22. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C. SS 6901-6992k); 23. Architectural Barriers Act of 1968 (42 U.S.C. SS 4151-4157) and the Uniform Accessibility Standards, as applicable; 24. Federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. SS 201-219); 25. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. SS 4601-4655), and the applicable rules for Federal and Federally-Assisted Programs at 49 C.F.R. part 24; 26. Copeland "Anti-Kickback" Act (18 U.S.C. $874); 27. Hatch Act of 1939, as amended (5 U.S.C. SS 1501-1508); 28. Lead-Based Paint Poisoning Prevention Act (42 U.S.C. SS 4821-4846); the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. SS 4851-4856); and the applicable implementing regulations at 24 C.F.R. part 35: and 24 C.F.R. part 570, subparts A, B,J, K, and R; 29. Section 102 of HUD Reform Act of 1989 (42 U.S.C. 9 3545) and HUD Reform Act regulations at 24 C.F.R. part 4; 30. False Claims Act (31 U.S.C. SS 3729-3733); 31. Comprehensive Procurement Guideline for Products Containing Recovered Materials (40 C.F.R. part 247); 32. Clean Air Act (42 U.S.C. SS 7401-7671q.), and National Primary and Secondary Ambient Air Quality Standards (40 C.F.R. part 50); and 33. Whistleblower Protection enacted by Section 828 of P.L. 112-239 and permanently extended under P.L 114-261. 33 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment G - Civil Rights Requirements Fair Housing As a condition for the receipt of CDBG funds, each Subrecipient must certify compliance with certain Fair Housing requirements. Each Subrecipient shall do the following: 1) Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race, color, familial status, handicap, national origin, religion, and sex); 2) Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3) Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction sO that people know who to call to ask fair housing questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page ofi its website; 4) Establish a system to record the following for each fair housing call: a) The nature of the call, b) The actions taken in response to the call, C) The results of the actions taken, and d) Ift the caller was referred to another agency, the results obtained by the referral agency, The Subrecipient shall ensure that the fair housing contact person has received training SO that he/she can handle fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the community do the following: Define where discriminatory practices are occurring, Help the community measure the effectiveness of its outreach efforts, and Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. 34 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment G - Civil Rights Requirements Equal Employment Opportunity As a condition for the receipt of CDBG funds, each Subrecipient must certify that it and the contractors, subcontractors, Sub-subrecipients and consultants that it hires with CDBG funds will abide by the Equal Employment Opportunity (EEO) Laws of the United States. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Subrecipient shall do the following: 1) Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, Sub-subrecipients and consultants from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex, national origin, disability, age, or genetics; 2) Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3) Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction sO that people know who to call to ask EEO questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page ofits website; and 4) Establish a system to record the following for each EEO call: a) The nature of the call, b) The actions taken in response to the call, and C) The results of the actions taken; Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE), women-owned business enterprises (W/BE), and Veteran owned business enterprises (VBE) that operate in its region. The Subrecipient shall use this list to solicit companies to bid on CDBG-funded construction activities and shall provide a copy of the list to the prime contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services maintains a list of certified minority and women-owned businesses that can be used to develop a local MBE/WBE/VBE list at the following website: htpsl/osidmsmyforit.com/irctoris: Section 504 and the Americans with Disabilities Act (ADA) As a condition for the receipt of CDBG funds, the Subrecipient must certify that it provides access to all federally funded activities to all individuals, regardless of handicap. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. The Subrecipient shall do the following: 1) Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who: a) Has a physical or mental impairment which substantially limits one or more major life activities; b) Has a record of such an impairment; or c) Is regarded as having such an impairment. 2) Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; 3) Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 35 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment G - Civil Rights Requirements 4) Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call, and c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 C.F.R. part 84) apply to service availability, accessibility, delivery, employment, and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A Subrecipient of Federal financial assistance may not, on the basis of disability: Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services, or other benefits, Deny access to programs, services, benefits or opportunities to participate as a result of physical barriers, or Deny employment opportunities, including hiring, promotion, training, and fringe benefits, for which they are otherwise entitled or qualified. The ADA regulations (Title II, 28 C.F.R. part 35, and Title III, 28 C.F.R. part 36) prohibit discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and elecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by" Title III. Section 3 - Economic Opportunities for Low- and Very Low-Income Persons Each Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job openings that exist on CDBG-funded projects in the community. The Subrecipient and its contractors shall keep records to document the number of low- and moderate-income people who are hired to work on CDBG-funded projects. The total number of labor hours worked and hours worked by Section 3 workers shall be reported in the comment section of the quarterly report. The following clause is required to be included in all CDBG-funded contracts. 36 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment G = Civil Rights Requirements Section 3 Required Language A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. S 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are Subrecipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD's regulations in 24 C.F.R. part 75, which implements section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location oft the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. part 75. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 C.F.R. part 75. F. Noncompliance with HUD's regulations in 24 C.F.R. part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. Contracts and subcontracts subject to Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) ofthe Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4111(k) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of Section 3. Whistleblower Protection The following clause, is required to be included in all federally funded subawards and contracts over the simplified acquisition threshold: Pursuant to Section 828 of Pub. L 112-239, "National Defense Authorization Act for Fiscal Year 2013" and permanently extended through the enactment of Pub. L 114-261 (December 14, 2016), this award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower right and remedies established at 41 U.S.C. S 4712. Subrecipients, their Sub-subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees, in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. S 4712. This clause shall be inserted in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause in any subawards and contracts awarded prior to the effective date of this provision. 37 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment G - Civil Rights Requirements Civil Rights Regulations As a condition for the receipt of CDBG funds, each Subrecipient must certify that it will abide by the following Federal laws and regulations: 1. Title VI of the Civil Rights Act of 1964 Prohibits discrimination by government agencies that receive Federal funding; 2. Title VII of the Civil Rights Act of 1964 - prohibits employment discrimination on the basis of race, color, religion, sex, or national origin; 3. Title VIII of the Civil Rights Act of 1968 as amended (the Fair Housing Act of 1988); 4. 24 C.F.R. S 570.487(b) - Affirmatively Furthering Fair Housing; 5. 24 C.F.R. S 570.490(b) - Unit of general local government's record; 6. 24 C.F.R. S 570.606(b) - Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 8. Executive Order 12892 Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing; 9. Section 109 of the Housing and Community Development Act of 1974 - No person shall be excluded from participation in, denied benefits of, or subjected to discrimination under any program or activity receiving CDBG funds because of race, color, religion, sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. part 8, which prohibits discrimination against people with disabilities; 11. Executive Order 11063 - Equal Opportunity in Housing; 12. Executive Order 11246 - Equal Employment Opportunity; and 13. Section 3 of the Housing and Urban Development Act of 1968, as amended Economic Opportunities for low- and very low-income persons. By signing this agreement the Subrecipient certifies that it shall comply with all the provisions and Federal regulations listed in this attachment. 38 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment H - Reports The following reports must be completed and submitted to Commerce in the time frame indicated. Failure to timely file these reports constitutes an Event of Default, as defined in Paragraph (9) Default, of this Agreement. Ifall required reports and copies are not sent to Commerce or are not completed in a manner acceptable to Commerce, payments may be withheld until the reports are properly completed, or Commerce may take other action as stated in Paragraph (10) Remedies or otherwise allowable by law. 1. A Quarterly Progress Report, Form SC-65, must be submitted to Commerce 15 calendar days after the end of each quarter. The reports are due by the following dates: April 15,July 15, October 15 and January 15. The quarterly report shall include: a summary of work performed during the reporting period; photographs taken to date; a percent of work completed for each task; a summary of expenditures since the effective date; the total number of labor hours worked; and a summary of any issues or events occurring which affect the ability of the Subrecipient to meet the terms of this Agreement. 2. A Contract and Subcontract Activity form, Form HUD-2516, currently available at htpl/snaainison/sau/iciaemceaAp/No-ReE0536A which is incorporated herein by reference, must be submitted by April 15 and October 15 each year through the Commerce's SERA reporting system at htps//deosera.mysamy.salesforce.com The form must reflect all contractual activity for the period, including Minority Business Enterprise, Woman Business Enterprise, and Veteran Business Enterprise participation. If no activity has taken place during the reporting period, the form must indicate "no activity". 3. The Administrative Closeout Report, Form SC-62, must be submitted to Commerce within 45 calendar days of the. Agreement end date or within 45 days of the completion of all activities. The Subrecipient must provide all applicable information requested on the closeout report form. The Administrative Closeout Report cannot be submitted to Commerce before the Subrecipient has submitted its Final Request for Funds. Subrecipients of an Economic Development agreement shall not submit an administrative closeout package until the cost per job is less than $10,000 or until one year after the date that all CDBG-funded activities were completed, whichever comes first. The following documentation shall be provided with the Administrative Closeout Report: a. Certification that all project activities have been completed, inspected and approved by all parties prior to the subgrant end date and submission of the closeout report; b. Documentation of any leverage expended after the last on-site monitoring visit; C. Documentation that all citizen complaints related to the project have been resolved; d. A list of the homes receiving direct benefit, if applicable; and, e. Certification that each housing unit assisted was located within the Subrecipient's jurisdictional boundaries for Housing Rehabilitation subgrants. f. For housing rehabilitation projects, documentation that all homeowners have signed forms stating that they have accepted thei improvements. g. Copies of all remaining pre-construction, construction and post-construction photographs of all CDBG- funded activities submitted as jpeg or .tiff files not previously submitted with quarterly reports. 4. In accordance with 2 C.F.R. part 200, should the Subrecipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with 2 C.F.R. part 200, and submitted to Commerce no later than nine months from the end of the Subrecipient's fiscal year. Ifthe Subrecipient did not 39 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment H - Reports meet the audit threshold, an Audit Certification Memo, Form SC-47, must be provided to Commerce no later than nine months from the end of the Subrecipient's fiscal year. 5. A copy of the Audit Compliance Certification form, Attachment K, must be emailed to udi@commecefgov within 60 calendar days of the end of each fiscal year in which this subgrant was open. 6. Section 3 Reporting Requirements. Reporting of labor hours for Section 3 projects must comply with 24 C.F.R. S 75.25(a). Sub-subrecipients must report the following: @) the total number of labor hours worked; (i) the total number of labor hours worked by Section 3 workers; and (ii) thet total number oflabor hours worked by Targeted Section 3 workers. If Section 31 benchmarks are not met, the Sub-subrecipient's qualitative efforts must be reported in a manner required by 24 C.F.R. S 75.25(b). Section 3 compliance efforts must be reported through Commerce' 's SERA reporting system by) July 31, annually. Commerce maintains a Section 3 Summary Report form which must be used to report annual accomplishments regarding employment, labor hours worked, and other economic opportunities provided to persons and businesses that meet "Section 3" requirements. 7. Requests for Funds, Payment requests must be submitted in accordance with the timelines included on Attachment C - Activity Work Plan. Commerce will not reimburse a payment request for less than $5,000 unless it is the final payment request. Each payment request must include an invoice from the Subrecipient to Commerce and copies of all invoices that the Subrecipient received from its consultants for services rendered and the documentation listed below. The invoices must document that the Subrecipient and each consultant/contractor met the Minimum Level of Service listed on the Deliverables page of Attachment A. For each Commercial Revitalization, Economic Development and Neighborhood Revitalization payment request that includes reimbursement ofconstruction costs, the Subrecipient shall provide a copy ofthe. American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by Commerce, signed by the contractor and inspection engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by Commerce. The Subrecipient shall, at a minimum, submit reimbursement requests upon completing 20, 40, 60, 80 and 100 percent of the project (or 25, 50, 75 and 100 percent of the project if so listed on Attachment C - Activity Work Plan). For each Housing Rehabilitation payment request that includes construction costs, the Subrecipient shall provide a copy of AIA form G702, or a comparable form approved by Commerce, if applicable, signed by the contractor and thel local building inspector or housing specialist and a copy of form G703, or a comparable form approved by Commerce, if applicable. For homes being rehabilitated and site-built demolition/teplatement houses, the Subrecipient shall, at a minimum, request reimbursement upon completion of each 20 percent of the work. For demo/replacement involving a new mobile home, the Subrecipient shall request reimbursement as soon as the mobile home is installed and the invoice received. If the Subrecipient needs to remit funds to Commerce, including reimbursement of subgrant funds, program income or interest income paid with CDBG funds (collectively reimbursements"), Subrecipient shall submit such reimbursements concurrently with a copy of the Return of Funds Form, SC-68. If the Subrecipient is a county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., the payment of submitted invoices may be issued for verified and eligible performance that has been completed in accordance with the terms and conditions set forth in this Agreement to the extent that federal or state law, rule, or other regulation allows such payments. Upon meeting either oft the criteria set forth below, the Subrecipient may elect in writing to exercise this provision. 40 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment H = Reports a. A county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., that demonstrates financial hardship; or b. A county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., and which is located in a fiscally constrained county, as defined in section 218.67(1), F.S. Ifthe Subrecipient meets the criteria set forth in this paragraph, then the Subrecipient is deemed to have demonstrated a financial hardship. 8. All forms referenced herein are available online at wwpnaalohsog/CDBGSubrcipiminio or upon request from the Commerce grant manager for this Agreement. 41 Docusign Envelope ID: 56EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment I - Warranties and Representations Financial Management The Subrecipient's financial management system must comply with the provisions of 2 C.F.R. part 200, section 218.33, F.S., and the rules promulgated thereunder. Subrecipient's financial management system shall include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. The Subrecipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each payment request. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 C.F.R. part 200 and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions must follow the provisions of 2 C.F.R. SS 200.318-200.327 and be conducted in a manner providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advantageous to the program, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Subrecipient. All bids or offers may be rejected if there is a sound, documented reason. Codes of Conduct The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member ofhis or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the Subrecipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Subrecipient. (See 2 C.F.R. S 200.318()(1).) Business Hours The Subrecipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensing and Permitting All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all the particular work for which they are hired by the Subrecipient. 42 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment, J = Audit Requirements The administration of resources awarded by Commerce to the Subrecipient may be subject to audits and/or monitoring by Commerce as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements), and section 215.97,F.S., as revised (see AUDITS" below), monitoring procedures may include, but not be limited to, on- site visits by Commerce staff, limited scope audits as defined by 2 C.F.R. part 200, as revised, and/or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures/Processes deemed appropriate by Commerce. In the event Commerce determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by Commerce staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Subrecipient is a State or local government or a non-profit organization as defined in 20 C.F.R. part 200, as revised. 1. In the event that the Subrecipient expends $1,000,000 or more in federal awards in its fiscal year, the Subrecipient must have a single or program-specific audit conducted in accordance with the provisions of2 CFR 200 Subpart F (Audit Requirements), as revised. In determining the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from Commerce. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 C.F.R. 200 Subpart F (Audit Requirements), as revised. An audit of the Subrecipient conducted by the Auditor General in accordance with thej provisions of2 C.F.R. 200 Subpart F (Audit Requirements), as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 C.F.R. 200 Subpart F (Audit Requirements), as revised. 3. If the Subrecipient expends less than $1,000,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, is not required. In the event that the Subrecipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an: audit conducted in accordance with the provisions of2 C.F.R. 200 Subpart F (Audit Requirements), as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). 4. Although 2 C.F.R. 200 Subpart F (Audit Requirements) does not apply to commercial (for-profit) organizations, the pass-through entity has an obligation to ensure that for-profit Sub-subrecipients that expend $1,000,000 or more in federal awards must comply with federal awards guidelines (see 2 C.F.R. 200.501(h). Additionally, for-profit entities may be subject to certain specific audit requirements ofindividual federal grantor agencies. Additional Federal Single Audit Act resources can be found at: h/hansEMNmesap 43 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment J - Audit Requirements PART II: STATE FUNDED This part is applicable if the Subrecipient is a non-state entity as defined by section 215.97(2), F.S. 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Subrecipient, the Subrecipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from Commerce, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97/8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. Ifthe Subrecipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than State entities). Additional information regarding the Florida Single Audit Act can be found at: hmpslapmtlicom/au PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (ie., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to section 215.97(8), F.S., State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with section 215.97, F.S. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) N/A PART IV: REPORT SUBMISSION 1. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and required by PARTI ofthis Exhibit Agreement shall be submitted by or on behalf of the Subrecipient directly to each of the following at the address indicated: A. Florida Department of Commerce Financial Monitoring and Accountability (FMA) The copy submitted to the FMA section should be sent via email to: MARVMAmmee.lens B. The Federal Audit Clearinghouse designated in 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, electronically at: /Asscalaoay 44 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Attachment J - Audit Requirements 2. Copies of audit reports for audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and required by Part I (in correspondence accompanying the audit report, indicate the date that the Subrecipient received the audit report); copies of the reporting package described in Section .512(c), 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and any management letters issued by the auditor; copies of reports required by Part II of this Exhibit must be sent to Commerce at the addresses listed in paragraph three (3) below. 3. Copies of financial reporting packages required by PART II oft this Agreement shall be submitted by or on behalf of the Subrecipient directly to each of the following: A. Commerce at the following address: Electronic copies: Audlit@commerre.lgox B. The Auditor General's Office at the tollowing address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 Email Address: flaudgen loalgort@audamre.lus 4. Any reports, management letter, or other information required to be submitted to Commerce pursuant to this Agreement shall be submitted timely in accordance with 2 C.F.R. part 200 subpart F, section 215.97 F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Subrecipients and Sub-subrecipients, when submitting financial reporting packages to Commerce for audits done in accordance with Chapter 10.550 (ocal governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the sbdpem/sabaubdpent in correspondence accompanying the reporting package. PART V: RECORD RETENTION The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or five (5) state fiscal years after all reporting requirements are satisfied and final payments have been received, or for a period of three (3) years from the date that Commerce closes out the CDBG program year(s) from which the funds were awarded by the U.S. Department of Housing and Urban Development, whichever period is longer, and shall allow Commerce, or its designee, the Chief Financial Officer (CFO), or Auditor General access to such records upon request. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer. The Subrecipient shall ensure that audit working papers are made available to Commerce, or its designee, CFO, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by: Commerce. 45 Docusign Envelope ID: 66EB1BB6-79F9-4901-A984-CAC62D76B378 Exhibit 1 to Attachment J - Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: U.S. Department of Housing and Urban Development Federal Funds Obligated to Subrecipient: $750,000.00 Community Development Block Grants/State's Assistance Listing Numbers Title: Program and Non-Entitlement Grants in Hawail Assistance Listing Numbers: 14.228 Project Description: Funding is being provided for needed infrastructure improvements to benefit low- and moderate-income This is not a research and development anvard. persons residing in the Subrecipient's jurisdiction. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Subrecipient shall perform its obligations in accordance with sections 290.0401- 290.048, F.S. 2. The Subrecipient shall perform its obligations in accordance with 24 C.F.R. SS 570.480 - 570.497. 3. The Subrecipient shall perform the obligations as set forth in this Agreement, including any attachments or exhibits thereto. 4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23, F.A.C. 5. The Subrecipient shall be governed by all applicable laws, rules and regulations, including, but not necessarily limited to, those identified in Attachment F - State and Federal Statutes, Regulations, and Policies State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: N/A Matching Resources for Federal Programs: N/A Subject to Section 215.97, Florida Statutes: N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE: Title 2 C.F.R. S 200.331 and section 215.97(5), F.S., require that the information about Federal Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient. 46 Docusign Envelope ID: 66EB1BB6-79F9.901-A984-CAC62D76B378 Attachment K - Audit Compliance Certification Email a copy ofthis form within 60 days ofthe end ofeach fiscaly year in which this subgrant was open to uliommerelgoy. Subrecipient: Unique Subrecipient's Fiscal ID # Year: Contact Name: Contact's Phone: Contact's Email: 1. Did the Subrecipient expend state financial assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and the Florida Department of Commerce (Commerce)? Yes No Ifthe above answer is yes, answer the following before proceeding to item 2. Did the Subrecipient expend $750,000 or more of state financial assistance (from Commerce and all other sources of state financial assistance combined) during its fiscal year? Yes No Ifyes, the Subrecipient certifies that it will timely comply with all applicable State single or project-specific audit requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and Commerce? Yes No Ifthe above answer is yes, also answer the following before proceeding to execution of this certification: Did the Subrecipient expend $1,000,000 or more in federal awards (from Commerce and all other sources of federal awards combined) during its fiscal year? Yes No Ifyes, the Subrecipient certifies that it will timely comply with all applicable single or program- specific audit requirements of2 C.F.R. part 200, subpart F, as revised. By signing below, I certify, on behalf of the Subrecipient, that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative 47 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: July 1, 2025 PRESENTER: Lee AGENDA ITEM#: 8 F - Resilient Florida grant application assistance BACKGROUND: Resilient Florida is a specific grant program from the Florida Department of Environmental Protection to help local governments fund infrastructure projects to address areas that have been impacted by hurricanes and/or flood damage. Staff have been in contact with a program manager from Michael Baker International that specializes in the Resilient Florida grant. Resilient Florida could potentially fund 50% ofthe West Lake Jackson project and utilizing this grant specialist would give the City the best opportunity to be awarded this grant. The City Attorney has reviewed the attached scope of work provided and finds it satisfactory. Attachments: 1. Proposed Scope of Work from Michael Baker. 2. Budget Amendment for consultant services. 3. Page 4 ofthe Official Purchasing Policy. REQUESTED MOTION: Approve Budget Amendment #111 and authorize the use of Section 7.C.6 of the Official Purchasing Policy to procure grant writing services from Michael Baker International for the Resilient Florida Grant application, waiving the requirement to obtain three (3) written quotes. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery. Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT1 Michael Baker I NT E R - N ATIO N A L Michael Baker International, Inc. 23161 Killearn Center Blvd., Suite 201-A Tallahassee, Florida 32309 850-701-2318 Proposal for City of Sebring Resilient Florida Grant Application Preparation 2025 huad Ghau June 26, 2025 By: Whitney Gray Resilience Program Manager EXHIBIT A SCOPE OF SERVICES AND FEE ESTIMATE City of Sebring, FLORIDA RESILIENT FLORIDA GRANT APPLICATION PREPARATION 2025 INTRODUCTION The CITY of Sebring (CITY) requests the services of Michael Baker International, Inc. (CONSULTANT), to support efforts to seek grant funding for a CITY resilience-related project. The CONSULTANT will work with the CITY to gather background information, prepare draft and final grant applications. The following tasks describe the services which the CONSULTANT shall provide. 1. The CONSULTANT will support CITY efforts to procure grant funding as described below. The CONSULTANT makes no guarantes/warranties for the successful award of grant funding. 2. Support services provided under this Scope of Work will not preclude the CONSULTANT from providing planning and engineering services related to future phases of the project. TASK. 1 - GRANT APPLICATION The CONSULTANT will coordinate with the CITY to prepare, review, and comment on 1 (one) draft application for funding for a resilience project to be determined by the CITY. The CONSULTANT will finalize the draft application after review by the CITY and will submit the application upon final approval from the CITY prior to the deadline for submittal. The CONSULTANT will attend up to two (2) virtual meetings during the development of the grant applications. The CONSULTANT will develop the draft application in coordination with the CITY, using background information provided by the CITY. After review by the CITY and making appropriate edits to the draft application, the CONSULTANT will provide the draft final application for CITY approval. Upon CITY approval of the final draft, the CONSULTANT will submit the grant application in time to meet the deadline for submittal. Task 1 Assumptions: 1. The CITY will provide background and support materials in a timely manner upon the CONSULTANT'S request for such information in support of the grant application. 2. The CITY will provide comments on the draft applications in a timely manner to facilitate on-time submission of the application. 3. The CONSULTANT will not submit any applications without written approval to do SO. Deliverable 1.1: Draft Grant Application for CITY review Deliverable 1.2: Final Grant Application for final CITY approval and submittal Deliverable 1.3: Email from DEP confirming successful submittal PROJECT SCHEDULE 2 The CONSULTANT will begin work on the described tasks upon receipt of the Notice to Proceed. The CONSULTANT anticipates completion of the described grant application tasks in time for submission by the application deadline. Meeting all deadlines will be dependent on the availability of the CITY to meet with the CONSULTANT, provide information relevant to the applications, provide feedback on drafts, and provide approval for the final application. COST ESTIMATE Exhibit B provides a description of the manpower and expenses necessary to complete the outlined scope of work. Actual billing will be based on the time and materials necessary to complete each task for a total Not to Exceed amount of $5,403.05. Exhibit B: Fee Estimate CITY OF SEBRING GRANT APPLICATION PREPARATION 2025-2026 Project Resilience Total Hours Total Cost SERVICES Manager Planner Task 1: RF Grant Application #1 $ 223.68 $ 104.57 Data Gathering 2 8 10 $ 1,283.95 Draft Application 4 8 12 $ 1,731.30 Meetings and Coordination 2 2 4 $ 656.50 Final Application and Submission 4 8 12 $ 1,731.30 Task. 1 Lump Sum Subtotal 12 26 38 $ 5,403.05 Total Hours 12 26 38 Total Estimate Fee (Not to Exceed) $ 5,403.05 3 ATTACHMENT2 Request for Budget Amendment EBRING chy OW THE CIRCLE Budget Amendment # 111 Department: Finance & Administration Dept. Head: Noethlich Request Date: 6/25/2025 Submitted by: Jared Lee Council Date: 7/1/2025 (Ifr required) Budget Line Item Transfer Current Amended Account Number Project Account Name Budget Increase Decrease Budget 001-1510-531-31-10 Other Professional Services $ $ 5,404 $ 5,404 001-1510-599-99-99 Contingency $ 22,875 $ 5,404 $ 17,471 $ $ $ $ $ $ Totals: $ 5,404 $ 5,404 Explain why these funds were not originally budgeted and the justification for your request now: Funds for hiring a grant writer to assist with application for Resilient Florida that could net $10 - $11 million in grant funding for West Lake Jackson. Department Approval: / / - Date: 6/25/2025 (Department Head) Ifa an account amendment is over $10,000 (cumulative change over $20,000): Request approved by: Date: (Assistant City Administrator) Request authorized by: Date: (City Clerk or City Administrator) ATTACHMENT3 Official EBRING Purchasing Policy ciy OW THE CIRCLE 7) Purchasing Thresholds and Approvals Level 1 Approval - Department Head Level 2 Approval - Finance Director (greater than! $5,000.00) Level 3 Approval - City Administrator (greater than$10,000) Level 4 Approval - City Council (greater than $35,000) A. Purchases $0.01 - $2,500.00 - Level 1 Approval Required 1. Department Head must approve. 2. Employee shall obtain product or service at the lowest possible price but does not require documented quotes. 3. Employee may use purchasing card. B. Purchases $2,500.01 - $5,000.00 - Level 1 Approval Required 1. Department Head must approve. 2. Three (3) verbal quotes shall be documented. 3. If applicable, a City contract number can be provided in place of three (3) verbalquotes. 4. Authorized employees may use purchasing card with three (3) verbal quotes. The Verbal Quote Form should be used. C. Purchases $5,000.01 - $35,000.00 - Level 1, 2, and 3 Approval Required 1. Purchases shall not be split to fall below this threshold. 2. Three (3) written quotes are required. 3. Department Head shall enter and approve the requisition - Level 1 Approval. 4. Finance Director or designee shall approve the requisition - Level 2 Approval. 5. If greater than $10,000.00, City Administrator or designee shall approve the requisition Level 3 Approval. 6. If applicable, a City contract number or Council approval date can be provided in place of three (3) written quotes. 7. If competitively bid, include the contract number and/or the Council approved date. D. Purchases from $35,000.01 - $50,000.00 - Level 1, 2, 3, and 4 Approval Required 1. Purchases shall not be split to fall below this threshold. 2. Three (3) written quotes are required. 3. Department Head shalli enter and approve the requisition - Level 1 Approval. 4. Finance Director or designee shall approve the requisition - Level 2Approval. 5. City Administrator or designee shall approve the requisition - Level 3 Approval. 4 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: July 1, 2025 PRESENTER: Robinson/Fowler AGENDA ITEM#: 10 A - Audited Financial Statements - September 30, 2024 BACKGROUND: The City is required to comply with Sections 218.32 and 218.39, Florida Statutes and complete an annual audit and submit an annual financial report to the State. Julie Fowler from CLA, the City's external audit firm, will present the financial statements and a PowerPoint presentation to Council and answer any questions. The Audit Committee met on June 24, 2025 for a financial statement overview and report discussion. The audited financial statements for the fiscal year ended September 30, 2024 will be distributed to Council. REQUESTED MOTION: Approve audited financial statements for fiscal year ended September 30, 2024 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: July 1, 2025 PRESENTER: Stewar/waine/Bamby AGENDAI ITEM #: 10 B - Public Hearing and Ordinance #1546. A City-initiated ordinance amending the 2030 comprehensive plan ofthe City of Sebring, Florida, said amendment being known as - Amendment 25-01CIE"; specifically amending the adopted Capital Improvements Element by updating the 5-Year Capital Improvements Plan; transmitting said amendment to the Florida Commerce for information. BACKGROUND: I. Introduction ofOrdinance #1546.. Swaine II. Purpose ofPublic Hearing: Stewart To receive public input on a City-initiated ordinance amending the 2030 comprehensive plan of the City of Sebring, Florida, said amendment being known as "Amendment 25-01CIE"; specifically amending the adopted Capital Improvements Element by updating the 5-Year Capital Improvements Plan. III. CFRPCStaffReport. Marisa M. Barmby The Planning and Zoning Board held a public hearing on June 10, 2025 and voted to recommend approval to the City Council. The CIE must be reviewed on an annual basis and modified as necessary in accordance with Section 163.3187 or Section 163.3185, Florida Statutes. The City Council held a public hearing at your June 17, 2025 meeting and approved Ordinance #1546 on first reading. IV. Public commentyimputquestons Stewart V. Adjourn public hearing. Stewart VI. Council's questionsy.comments. Stewart Attachment 1 - CFRPC Staff Report Attachment 2 - Ordinance #1546 Attachment 3 -= Notice of Public Hearing REQUESTED MOTION: Approve Ordinance# 1546 as presented on second and final reading as presented. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT 1 EBRING CITy OW THE CIRCLE CITY-INITIATED AMENDMENTS 5-YEAR SCHEDULE OF CAPITAL MRPOVEMENTS PLAN (CIP) COMPREHENSIVE PLAN AMENDMENT July 1, 2025 TO: CITY OF SEBRING CITY COUNCIL FROM: CENTRAL FLORIDA REGIONAL PLANNING COUNCIL SUBJECT: Comprehensive Plan Amendment: Consider recommending approval of the FY 2024/2025 Update to the Comprehensive Plan's 5-Year Schedule of Capital Improvements Plan. AGENDA & HEARING DATES: Planning & Zoning Board Meeting: June 10, 2025, 5:30 PM (Public Hearing) City Council: June 17, 2025: 6:00 PM (First Reading) City Council Public Hearing: July 1, 2025: 6:00 PM (Second Reading) ATTACHMENT: Ordinance 1546 including Proposed Comprehensive Plan Amendment relating to the 5-Year Schedule of Capital Improvements. BACKGROUND: The Florida Statutes requires local governments to update and adopt a 5-Year Schedule Capital of Improvements Plan. This update includes fiscal years 2025/2026 through 2029/2030. The 5-year Schedule of Capital Improvements consists of items identified in Page 1 the Capital Improvement Program portion of the City's Operating Budget that implement specific objectives and policies contained in the Comprehensive Plan. SUMMARY: The CIE must be reviewed on an annual basis and modified as necessary in accordance with Section 163.3187 or Section 163.3185, Florida Statutes. CIE amendments require only a single public hearing before the governing board which shall be an adoption hearing. Adoption of the CIE is by ordinance. Exhibit "A"to the Ordinance contains the amended 5- year schedule of capital improvements. PLANNING AND ZONING BOARD MOTION: At their June 10, 2025 meeting, the Planning & Zoning Board voted to forward the proposed Comprehensive Plan Amendment to the City Council with a recommendation of approval. CITY COUNCIL MOTION OPTIONS: 1. Imove approval of Ordinance 1546 for the proposed Comprehensive Plan text amendments for the Capital Improvement Plan update on second reading. 2. I move approval of Ordinance 1546 with changes for the proposed Comprehensive Plan text amendments for the Capital Improvement Plan update on second reading. 3. I move continuation to a date and time certain. Page 2 Ordinance 1546 Page 1 of 11 ORDINANCE NO. 1546 AN ORDINANCE AMENDING THE 2030 COMPREHENSIVE PLAN OF THE CITY OF SEBRING, FLORIDA, SAID AMENDMENT BEING KNOWN AS "AMENDMENT 25- 01CIE"; SPECIFICALLY AMENDING THE ADOPTED CAPITAL IMPROVEMENTS ELEMENT BY UPDATING THE 5-YEAR CAPITAL IMPROVEMENTS PLAN; TRANSMITTING SAID AMENDMENT TO THE FLORIDA COMMERCE FOR INFORMATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 163, Part II Florida Statutes, establishes the Community Planning Act ("Act"), which empowers and mandates the City of Sebring, Florida (the "City") to plan for future development and growth and to adopt and amend comprehensive plans, or elements or portions thereof, to guide the future growth and development of the City; and WHEREAS, Section 163.31773/0/5/b) oft the Florida Statutes and the City of Sebring's Comprehensive Plan Capital Improvement Element require a five-year schedule of Capital Improvements projects be maintained annually; and WHEREAS, the City Council has determined that itis in the best interest of the public health, safety, and general welfare of the residents of the City to amend the Five-Year Capital Improvement Plan consistent with the requirements of Section 166.041, Florida Statutes; and WHEREAS, the Capitalmprovements Programis an effective planning tool for the City Council, management staff, and the public in the evaluation of the City's future needs; and WHEREAS, in exercise ofi its authority, the City has determined it necessary to adopt this amendment to the Plan, which is attached hereto as Exhibit "1"and bythis reference made a part hereof, to insure that the Plan is in full compliance with the laws of the state of Florida; and WHEREAS, pursuant to Section 166.041, Florida Statutes, the City Council held a meeting and hearing on Ordinance 1546 with due public notice having been provided, to obtain public comment, and considered all written and oral comments received during public hearings, including supporting documents; and Ordinance 1546 Page 2 of 11 WHEREAS, Staff recommends that the City Council approve this Ordinance adopting the 5-Year Capital Improvement Plan for fiscal years 2025/26 through 2029/30. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBRING, FLORIDA, that: SECTION 1. The provisions set forth in the recitals to this Ordinance (whereas clauses) are hereby adopted by the Commission as the legislative findings and intent pertaining to this Ordinance. SECTION: 2. The Capital Improvements Program for Fiscal Years (FY) 2025/26 through FY: 2029/30, attached hereto as Exhibit "1"and made a part hereof, be and the same is hereby adopted and codified in the Code of Ordinances of the City, and amending the Capital Improvement Element of the City's Comprehensive Plan. SECTION 3. That the first fiscal year (FY 2025/26) of the Capital Improvements Program is hereby approved as the capital budget of the City of Sebring in accordance with the Capital Improvements Element of the City's adopted Comprehensive Plan. Actual project authorization and appropriation are subject to approval in the FY 2025/26 Budget. SECTION 4. The Capital Improvements Program dentifies unfunded capital projects for informational purposes and these unfunded capital projects are supported by the City Council and City Administration in the event funding is identified. SECTION 5. AlL ordinances or portions of the Code of Ordinances of the City of Sebring in conflictwith the provisions of this ordinance shall be repealed to the extent of such conflict. SECTION 6. Should any provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other that the part declared to be invalid. SECTION 7. The provisions of this ordinance shall become effective immediately upon adoption. Ordinance 1546 Page 3 of 11 SECTION 8. Itis the intention of the City Council that the provisions oft this Ordinance shall become and be made a part of the Comprehensive Plan of the City; and that sections of this Ordinance may be renumbered or relettered and the word 'ordinance" may be changed to 'chapter", 'section", 'article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Comprehensive Plan is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or his designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. INTRODUCED AND PASSED on First Reading at the regular meeting of the City of Sebring City Council held on the, day of 2025. PASSED AND DULY ADOPTED, on second reading at the meeting of the City of Sebring City Council duly assembled on the day of 2025. CITY OF SEBRING, FLORIDA Josh Stewart, President City Council, City of Sebring, Florida Attest: Kathy Haley, City Clerk This Ordinance was adopted after consideration at two advertised public hearings and at two separate meetings after notice being property published in a local newspaper and was duly passed on the day of 2025, and the same is hereby certified to the Mayor for his approval or disapproval. WITNESS my hand and seal at Sebring, Florida, this day of 2025. Kathy Haley, City Clerk City of Sebring Ordinance 1546 Page 4 of 11 The foregoing Ordinance was received by me this day of 2024, and by me approved this day of 2025. John C. Shoop, Mayor City of Sebring, Florida I, KATHY HALEY, City Clerk of the City of Sebring, Florida, hereby certify that a copy of the foregoing Ordinance was posted by me at the door of the City Hall on the day of 2025, and that same remained sO posted until the day of 2025. Kathy Haley, City Clerk City of Sebring, Florida Ordinance 1546 Page 5 of 11 Ordinance No 1546 Exhibit "A" Capital Improvement Plan General Fund Capital Improvement Plan Totall By Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total Administration $ $ 3,350,000 $ $ $ $ 3,350,000 Police Department $ 47,904 $ 786,800 $ 426,926 $ 1,055,245 $ 440,302 $ 2,757,177 Fire Department $ 425,000 $ 3,650,000 $ 1,460,000 $ 2,500,000 $ 2,152,000 $ 10,187,000 Publicv Works $ 315,000 $ 1,817,000 $ 1,002,500 $ 25,000 $ 25,000 $ 3,184,500 Maxl Long $ 150,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 s 550,000 General Fund Appropriations: $ 937,904 $ 9,703,800 $ 2,989,426 $ 3,680,245 $ 2,717,302 s 20,028,677 TotalF Funding! by Source 2024/25 2025/26 2026/27 2027/28 2028/29 Total Fund Revenue $ 937,904 $ 4,215,800 $ 2,989,426 $ 3,680,245 $ 2,717,302 $ 14,540,677 Loan Revenue $ $ 5,488,000 $ 5 $ $ 5,488,000 Grant Revenue: $ $ > $ $ $ Other Sources: $ $ $ $ $ $ Dedicated Revenues: $ 937,904 $ 9,703,800 $ 2,989,426 $ 3,680,245 $ 2,717,302 S 20,028,677 Total Byl Type 2025/26 2026/27 2027/28 2028/29 2029/30 Total Land Acquisition $ $ $ $ $ $ Building Acquisition $ 350,000 $ 6,652,000 $ $ 3,125,000 $ 1,000,000 $ 11,127,000 Building Improvements $ 75,000 $ 5 $ $ $ 75,000 Infrastructure! Improvements $ $ > $ $ $ Recreation Improvements S 150,000 $ 150,000 $ 1,000,000 $ 100,000 $ 100,000 $ 1,500,000 Vehides $ 135,000 $ 2,327,896 $ 1,404,426 $ 370,245 $ 1,532,302 $ 5,769,869 Machinery & Equipment $ 202,904 $ 548,904 $ 560,000 $ 60,000 $ 60,000 $ 1,A31,808 Mapping $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 125,000 Generalf Fund Appropriations: $ 937,904 $ 9.703,800 s 2,989,426 S 3,680,245 $ 2,717,302 s 20,028,677 Administration & Finance 2025/25 2026/27 2027/28 2028/29 2029/30 Total L CityHallA Acqguisiton/Renovation $ $ 3,350,000 $ $ $ $ 3,350,000 56262-01 Buldings $ $ 3,350,000 $ $ $ $ 3350,000 Total Appropriation $ $ 3,350,000 $ $ $ s 3,350,000 Fund Revenue $ $ $ $ $ $ Loan Revenue $ $ 3,350,000 $ $ $ $ 3,350,000 Grant Revenue $ $ $ $ $ $ D Other Sources: $ $ $ $ $ $ DedicatedR Revenue $ $ 3,350,000 $ $ $ - $ 3,350,000 Police Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total Evidence Facility $ $ $ $ 625,000 $ $ 625,000 562.62-01 Bulfings $ $ 5 $ 625,000 $ $ 625,000 Policel Explorer Vehide Replacement S $ 252,896 $ 331,926 $ 335,245 $ 345,302 $ 1,265,369 Administrative Vehicles $ $ $ 35,000 $ 35,000 $ 35,000 $ 105,000 56464-09 Vehicles $ $ 252,896 $ 366,926 $ 370,245 $ 380,302 S 1,370,369 L Portable Radios (40) $ $ 486,000 $ $ $ $ 486,000 564.64-12 Radios S $ 486,000 S $ $ S 485,000 In-Car Cameras (Annual Payment) $ 47,904 $ 47,904 $ $ $ $ 95,808 Body Cams System! (Annual Payment) $ $ $ 60,000 $ 60,000 $ 60,000 $ 180,000 56466-25 Camera Systems $ 47904 S 47,904 S 60,000 S 60,000 S 60,000 s 275,808 Total Appropriation $ 47,904 $ 786,800 $ 426,926 $ 1,055,245 $ 440,302 $ 2,757,177 Fund Revenue $ 47,904 $ 300,800 $ 426,926 $ 1,055,245 $ 440,302 $ 2,271,177 Loan Revenue $ $ 486,000 $ S $ $ 486,000 G Grant! Revenue $ $ $ $ $ 00 Others Sources: $ $ $ $ $ $ Dedicated Revenue $ 47,904 $ 786,800 $ 426,926 $ 1,055,245 $ 440,302 S 2,757,177 Ordinance 1546 Page 6 of 11 Fire Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total New! North Station $ 350,000 $ 1,650,000 $ $ $ S 2,000,000 New South! Station $ $ $ 2,500,000 $ $ 2,500,000 Training Facility $ S $ $ $ 1,000,000 S 1,000,000 56262-01 Buifings $ 350,000 $ 1,650,000 5 $ 2500,000 $ 1,000,000 S 5,500,000 Station 14 Storage Area $ 75,000 $ $ $ $ $ 75,000 56262-50 Building Improvements $ 75,000 $ $ $ $ S 75,000 Ladder Truck (1662 03 Pierce) $ S 2,000,000 S S $ $ 2,000,000 Apparatus- North Station $ 5 $ 960,000 $ $ $ 960,000 Apparatus South Station $ $ $ S $ 1,152,000 $ 1,152,000 56464-51 Fire Vehicles S $ 2,000,000 $ 960,000 $ $ 1152,000 s 4112,000 SCBA's $ $ $ 500,000 $ $ $ 500,000. 56464-95 Mochinery & Equtpment $ $ $ 500,000 $ $ s 500,000 Total Appropriation $ 425,000 $ 3,650,000 $ 1460,000 $ 2,500,000 $ 2,152,000 S 10,187.000 Fund Revenue $ 425,000 $ 3,650,000 $ 1,460,000 $ 2,500,000 $ 2,152,000 $ 10,187,000 L Loan Revenue $ $ S S $ $ Grant Revenue $ $ S $ $ $ o Other Sources $ $ $ $ $ $ Dedicatedi Revenue $ 425,000 $ 3,650,000 $ 1460,000 $ 2.500,000 $ 2,152,000 $ 10,187.000 Maxlong 2025/26 2026/27 2027/28 2028/29 2029/30 Total Maxl Long ComplexE Enhancements S 150,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 550,000 563.63-26 Maxl Long Improvements S 150,000 S 100,000 S 100,000 $ 100,000 $ 100,000 s 550,000 TotalA Appropriation $ 150,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 554,000 FundF Revenue $ 150,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 550,000 Loan Revenue $ $ $ S $ $ Grant Revenue $ $ $ $ $ $ - Other Sources: $ $ $ $ $ $ Dedicated Revenue $ 150,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 550,000 Public Works 2025/26 2026/27 2027/28 2028/29 2029/30 Total Facilities Complex- Operations $ $ 1,652,000 $ $ $ s 1,652,000 562.62-01 Buildings $ $ 1,652,000 $ $ $ $ 1,652,000 Rotary Park Improvements $ $ 50,000 $ S $ $ 50,000 Veterans Beach Improve/Playground $ $ $ 450,000 $ $ $ 450,000 Charlie Brown Playground $ $ $ 450,000 $ $ $ 450,000 563.63-35 Recreation Improvements $ $ 50,000 $ 900,000 $ $ . $ 950,000 1/2-Ton Truck (3364. 14F150) $ 60,000 $ $ $ $ $ 60,000 1-Ton Dump Truck (0810- 01 Sterling) $ 75,000 $ $ $ $ $ 75,000 1-Ton Utility' Truck (3358 - '14F150) $ $ 75,000 $ S $ $ 75,000 1-Ton Utility Truck (3876 - 18 1500) $ $ $ 77,500 $ $ $ 77,500 564.6409 Vehicles $ 135,000 $ 75,000 $ 7,500 $ $ $ 287,500 Skid Steer $ 130,000 $ $ $ $ $ 130,000 Generator- Public Works Facitity S 25,000 $ $ $ $ $ 25,000 Utility) Vehicle (4197- '20John Deere) $ $ 15,000 $ $ $ $ 15,000 564.64-95 Machinery & Equipment $ 155,000 $ 15,000 $ $ $ S 170,000 GISN Mapping $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 S 125,000 56868-11 Mapping $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 s 125,000 Total Appropriation $ 315,000 $ 1,817,000 $ 1002.500 $ 25,000 $ 25,000 s 3,184,500 Fund Revenue $ 315,000 $ 165,000 $ 1,002,500 $ 25,000 $ 25,000 $ 1,532,500 Loanl Revenue $ $ 1,652,000 $ $ $ $ 1,652,000 Grant Revenue $ $ $ $ $ $ D Other Sources: $ $ $ $ 5 $ Dedicated Revenue $ 315,000 $ 1,817,000 $ 1,002,500 $ 25,000 $ 25,000 s 3,184,500 Ordinance 1546 Page 7 of 11 Infrastructure Fund Capital Improvement Plan Total By Department 2025/26 2026/22 2027/28 2024/29 2029/30 Total storm Water 5,400,000 $ 6,100,000 $ 9,800,000 $ 100,000 $ 100,p00 $ 21,500,000 sidewalks, Streets & Roads 1,834,653 $ 509,532 $ 582,923 476,382 $ 449,910 $ 3,853,400 Recreation 5 400,000 $ 400,000 $ 5 5 s 800,000 infrastructure PundA Appropriations: $ 7,634,653 $ 7,009,532 $ 10,382,923 $ 576,382 $ 569,910 $ 25,153,400 Totalrinding bys Source 2024/25 2025/26 2026/27 2027/28 2024/29 Total Fund Revenue 5 2,334,653 $ 859,532 $ 682,923 $ 576,382 $ 549,910 $ 5,003/A00 Loan Revenue 5,000,000 $ 6,000,000 $ 9,700,000 $ S $ 20,700,000 Grant Revenue: FDEM, FCT 300,000 5 150,000 $ $ 5 $ 450,000 Other Sources: $ $ $ $ $ Dedicated Revenues: $ 7,634,653 $ 7,009,532 $ 10,342,923 $ 576,302 $ $49,910 s 26153,400 Totale By1 Type 2025/26 2026/27 2027/28 2023/29 2029/30 Total landA Acquisition 5 > 250,000 $ 5 $ 250po0 BuildingA Acquisition $ $ $ $ $ Buildingi Improvements $ $ $ infrastructure improvements $ 7,234,653 $ 6,609,532 $ 10,382,923 $ 576,382 $ 549,910 $ 25,353,000 Recreation Improvements 400,000 $ 150,000 $ S $ 550,000 Vehicles > $ $ $ $ Ifrastructure Rund Appropriations: $ 7,634,653 $ 7,009,532 $ 10,382,923 $ 576,382 $ 549,910 $ 26,153,400 Infrastructure 2025/26 2026/27 2027/28 2028/29 2029/30 Total G Open/Greens Space Acquisition 5 250,000 $ $ $ $ 250,000 56161-01 LandA Aqquisition 5 250,000 $ 5 $ $ 250,p00 Flakeview- West lake Jackson 5,000,000 $ 5,000,000 $ 4,700,p00 $ 5 $ 14,700,000 o Master Plan/unerability Assessment 300,000 $ $ $ 5 $ 300,000 Downtown East take. Jackson $ 1,000,000 5,000,000 5 $ 6,000,000 Home Ave Parkway to Hiawatha 100,000 $ S $ 100,000 East Center St Parkwayt to Cirde Park $ 100,000 $ $ $ $ 100,000 SEucalyptus: St- Commerce to Lakeview $ $ 100,000 $ $ $ 100,000 SMango St N Ridgewoodt to 5 Commerce $ $ 100,000 $ $ 100,000 Magnolia Ave S Pinet tos SEucalyptus $ $ $ 5 s 100,000 s 100,000 563.63-32 stormwater $ 5,400,000 $ 6,100,000 $ 9,804,000 $ 100,000 $ 100000 s 24,500,000 Sebringp Parkway (County Match) $ 166,207 $ 169,532 $ 172,923 $ 176,382 $ 179,910 $ 864,954 Sebring Parkway Repaving (Pledged) 1,428,446 $ $ 1,428,445 Home Ave Parkway tol Hiawatha (1500) 240,000 $ $ $ 240,000 East Center St Parkway to Cirde Park $ 340,000 $ $ $ 340,000 SEucalyptus: St- S Commerce to Lakeview $ $ $ 410,000 $ $ $ 410,000 SMangos St N Ridgewood tos S Commerce > $ 300,p00 $ $ 300,000 Magnolia Ave SPinet to > Eucalyptus $ $ $ $ $ 270,000 $ 270,000 56363-10 Roads & Streets $ 1,434,653 $ 509,532 $ 582,923 $ 475,382 $ 449,910 $ 3453,400 Cityp Pier (Engineering & Analysis) $ 250,00 $ $ $ $ $ 250,000 EcoPark Naturel Trail/Boardwalk $ 150,000 $ 150,000 $ $ 300,000 563.63-35 Recregtion mprovements $ 402,000 $ 150,000 $ $ $ $ 5$4,000 Total Appropriation $ 7,634,653 $ 7,009,532 $ 10,382,923 $ 576,382 $ 549,910 $ 26,153,400 Fund Revenue $ 2,334,653 $ 859,532 $ 682,923 5 576,382 $ 549,910 $ 5,003,400 Loan Revenue 5,000,000 $ 6,000,000 $ 9,700,000 $ $ 20,700,000 G Grant Revenue: FDEM, FCT 300,000 $ 150,000 $ $ 450,000 oothers Sources: 5 5 $ 5 s s Dedicated Revenue $ 7,634,633 $ 7,009,532 $ 10,382,923 $ 576312 $ 549,910 $ 26,153,400 Ordinance 1546 Page 8 of 11 Utilities Fund Capital Improvement Plan Total By Department 2025/26 2026/27 2027/28 2024/29 2029/30 Total Administration & Customer Service 34,000 $ 1,650,p00 $ S $ $ 1,684,000 water Department 5 1,530,000 $ 12,625,000 $ 1,725,000 $ 3,336,000 $ 525,000 $ 19,741,000 Waste water Treatment 5 1p40,000 $ 14,900,000 $ 19,000,000 $ $ 25,000,000 $ 59,940,000 Waste water collections $ 16,120,125 $ 7,944,750 $ 249,675 $ 5,188,000 $ $ 29,502,550 Utilities Fund Appropriations: $ 18,724,125 $ 37,119,750 $ 20,974,675 s 8,524,000 $ 25,525,000 s 110,867,550 Total Runding! bys Source 2025/26 2026/27 2027128 2028/29 2029/30 Total FundR Revenue $ 2,724,125 $ 1,789,750 $ 1,974,675 $ 525,000 $ 525,000 $ 7,538,550 Loan Revenue 5,400,000 $ 28,050,000 $ 19,000,000 $ 7,999,000 $ 25,000,000 $ $5,449,000 Gramt Revenue $ 10,500,000 $ 7,280,000 $ $ 17,880,000 others Sources: $ $ 5 5 Dedicated Revenues: $ 15,724,125 s 37.119.750 20.974,575 $ 8524,000 25525,000 $ 110,857,550 Total By Type 2025/26 2026/27 2027/28 2028/29 2029/30 Total landA Acquisition 5 5 S $ Building Acquisition > 1,650,00 $ 3,999,000 $ $ 5,649,000 Buidngi Improvements $ 1,100,000 $ 24,800,000 $ 19,000,000 5 $ 25,000,000 $ 69,900,000 nfrastructuren improvements 15,960,125 $ 9,972,750 $ 1,275,375 $ 4,500,000 5 500,000 S 32,208,250 vehides $ 914,000 $ 72,000 S 74,300 $ $ $ 1,060,300 Machinery & Equipment $ 725,000 $ 600,000 $ 600,000 $ $ $ 1,925,000 Mapping $ 25,000 5 25,000 $ 25,000 S 25,000 S 25,000 $ 125,000 urifities FundA Appropriations: $ 14,724,125 $ 37,119,750 $ 20,974,675 $ 8,524,000 $ 25,525,000 s 110/857,550 Utilities Admin/C /customer Service 2025/26 2026/27 2027/28 2028/29 2029/30 Total LCitYHaA Acquisition/R Renovation $ 5 1,650,000 $ 1,650,000 5626201 Builings $ $ 1,650,000 $ $ $ s 1654000 uight Truck (ransfer to Computer Svcs.) $ $ $ S $ $ Ught Truck (4138 -'19Fontier) $ 34,000 5 $ 5 $ $ 34,000 564.6409 Vehides $ 34000 5 $ 5 $ $ 34,000 Total Appropriation $ 34,000 $ 1,650,000 $ $ $ s 1,684,000 Fundi Revenue 34,000 S S S 5 5 34,000 L LoanR Revenue 5 S 1,650,000 $ $ $ 1,650,000 aGrant Revenue S $ $ $ $ $ o Others Sources: $ $ $ $ $ $ Dedicated Revenue $ 34,000 $ 1,650,000 $ $ $ $ 1,684,000 Water Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total Fadilities Complex- Operations $ $ S $ 2,811,000 5 $ 2,811,000 5626201 Buildings $ $ $ $ 2811,000 3 $ 2811,000 L Sebringo Country Estates Water Plant $ 100,000 $ 9,900,000 $ $ s 10,000,000 56262-50 Building/Plant mprovements $ 100,000 $ 9,900,000 $ $ S $ 1q,00q000 Waterline upgades/Adaitions 5 500,000 5 500,000 $ 500,000 $ 500,000 $ 500,000 $ 2,500,000 USS 98 Waterline Replacement 5 5 1,600,000 $ 5 S $ 1,600,000 SebringParkwayt tie 12" to 10" $ $ $ 600,000 $ $ $ 600,000 563.63-50 infrustructure mprove. - Wuter $ sogo00 $ Z,100,000 $ 1,100,000 $ 500,000 $ 500,000 $ 4700,000 1-Tony Utility Truckz x2( (2492-08F250) $ 180,000 S $ 180,000 5646409 Vehides $ 180,p00 $ S $ 5 s 160000 AMI4 4GI Meter Registers 5 600,000 S 600,000 $ 600,000 S $ $ 1,800,000 5646444 Meter Registers $ 600000 5 600,000 $ 600,000 $ $ L800000 Backhoe (No Disposal) $ 125,000 5 $ s 125,000 56464-95 Machinery a Equipment $ 125,000 - $ $ s 125,000 GIS Mapping $ 25,000 25,000 5 25,000 $ 25,000 25,000 $ 125,000 56868-11 Mapping $ 25,000 5 25,000 $ 25,000 $ 25,000 $ 25,000 $ 125,000 Total Appropriation $ 1,530,000 $ 12,625,000 $ 1,725,000 $ 3,336,000 $ 525,000 s 19,741,000 Fund Revenue $ 1,430,000 $ 1,125,000 $ 1,725,000 $ 525,000 $ 525,000 $ 5,330,000 Loanr Revenue S 100,000 $ 11,500,000 $ 2,811,000 5 $ 14,411,000 a Grant Revenue 5 o Other Sources: $ $ $ Dedicated Revenue $ 1,530,000 $ 12,625,000 $ 1,725,000 $ 3,136,000 $ $25,000 $ 19,741,000 Ordinance 1546 Page 9 of 11 Wastewater Treatment 2025/26 2026/27 2027/28 2028/29 2029/30 Total Cemetery Plant capacity Additions $ 900,000 $ 14,000,000 $ $ $ 14,900,000 Westem WWTP Rebuild 5 100,000 $ 900,000 $ 19,000,000 $ $ 20,000,000 Southem WwIP New Build $ $ 25,000,000 $ 25,000,000 562.62-50 Building/Plant mprovements 5 1,000,000 S 14,900,000 - 19,000,000 $ 5 25,000,p00 $ 59,900,000 1/2-1 Tonutility Truck 5 40,000 $ $ $ $ 40,000 564 6409 vehides $ 40,000 $ > s 40,000 TotalA Appropriation $ 1040,000 $ 14,900,000 $ 19,000,000 $ $ 25,000,000 $ 59,940,000 FundRevenue 40,000 S 5 S 40,000 Loanr Revenue 1,000,000 $ 14,900,000 $ 19,000,000 25,000,000 59,900,000 : Grant Revenue 5 5 5 o Others Sources: $ 5 $ $ $ Dedicated Revenue $ 1,040,000 14,900,000 $ 19,000,000 $ $ 25,000,000 $ 59,940,000 Wastewater Collections 2025/26 2026/27 2027/28 2028/29 2029/30 Total - Facilities Complex -Operations L105,000 s $ 1,188,000 562.6201 Buidings 5 S $ 1,188,000 $ bs 1188,.000 . George Blvdar Red Beachs SWE Extension 10,600,000 $ 10,600,000 SAA Force Main interconnect 2,800,000 $ $ 2,800,000 Transmissions swl linet to Cemetery 1,500,000 $ 5 $ 1,500,000 upgrade Master uft Stationt to Triplex 5 400,000 $ S $ 400,000 edgewater Point/lakeview Connection 5 $ 7,280,000 5 S $ 7,280,000 sw Countryc cub Interconnect [SRF) $ $ S S 4,000,000 $ s 4,000,000 $6163-70 mfrestructure improve, wwc S 15,300,000 $ 7,280,000 $ $ 4,000,000 $ s 26,580,000 Re-Pipe (43 LS) $ 105,000 $ 110,000 $ 115,000 $ S 330,000 Replace Broken valves (25L Ls) 55,125 $ 57,750 $ 60,375 $ $ 173,250 Caladium LS upgrade $ 425,000 $ 5 $ 425,000 56363-71 Uts Stution mprovements $ 160,125 S SR2.750 S 175375 $ $ S $28,250 1-Ton Utity Truck (NO Disposal) 5 60,000 $ $ $ 60,000 vacuum Truck INO Disposal-p PWI 600,000 $ $ 600,000 1-Ton utiity Truck (NO Disposal) $ 72,000 S $ $ 72,000 3/4-TonT Truck 13542- '165 silverado) 5 S $ 74,300 $ $ 74,300 $646409 vehides $ 660,000 $ 72,000 5 74300 $ $ 805300 Total Appropriation $ 16,120,125 $ 7,944,750 $ 249,675 $ 5,188,000 $ S 29,502,550 Fundr Revenue $ 1,220,125 $ 664,750 $ 249,675 $ 2,134,550 LoanRevenue 4,300,000 $ $ 5,108,000 $ $ 9,488,000 Grant Revenue: FDEP 10,600,000 $ 7,280,000 $ $ $ 17,550,000 o Other Sources: $ $ $ $ S s Dedica cated Revenue $ 16,120,125 $ 7,944,750 $ 249,675 $ $156,000 $ : s 29,502,550 Solid Waste Fund Capital Improvement Plan Total By Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total Solid Waste $ 78,000 $ 1,773,000 $ 450,000 $ $ $ 2,301,000 ardy Waste $ 255,000 S 250,000 $ $ 275,000 $ $ 780,000 Solidy Waste Fund Appropriations: 5 333,000 $ 2,023,000 $ 450,000 $ 275,000 $ s 3,081,000 Total Fundingt bys Source 2025/26 2026/27 2027/28 2028/29 2029/30 Total Fund Revenue $ 333,000 $ 728,000 $ 450,000 $ 275,000 $ $ 1,786,000 Loan Revenue 5 $ 1,295,000 $ $ $ 5 1,295,000 Grant Revenue $ S $ S $ $ Other Sources: Sale $ $ $ $ $ $ Dedicated Revenues: $ 333,000 $ 2,023,000 $ 450,000 $ 275,000 $ s 3,081,000 Total By Type 2025/25 2026/27 2027/28 2028/29 2029/30 Total land Acquisition $ $ $ 5 Building Acquisition $ $ 1,295,000 $ $ 5 $ 1,295,000 Building Improvements $ $ $ $ $ $ nfrastrucure Improvements $ $ $ $ S $ Vehicles $ 283,000 $ 478,000 $ 450,000 $ 275,000 $ $ 1,486,000 Machinery & Equipment $ 50,000 $ 250,000 $ $ $ $ 300,000 Mapping $ $ $ $ $ $ Solidy Waste Fund Appropriations: $ 333,000 $ 2,023,000 $ 450,000 $ 275,000 $ s 3,081,000 Ordinance 1546 Page 10 of 11 Golf Course Fund Capital Improvement Plan Total By Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total Golf Maintenance $ 90,000 $ 40,000 $ $ $ $ 130,000 Restaurant $ $ $ $ $ $ Pro Shop $ $ $ $ $ $ Golf Course Fund Appropriations: $ 90,000 $ 40,000 $ $ $ $ 130,000 Total Funding by Source 2024/25 2025/26 2026/27 2027/28 2028/29 Total Fund Revenue $ 90,000 $ 40,000 $ $ $ $ 130,000 Loan Revenue $ $ $ $ $ $ Grant Revenue > $ $ $ $ $ Other Sources: $ $ $ $ $ $ Dedicated Revenues: $ 90,000 $ 40,000 $ $ $ $ 130,000 Total By Type 2025/26 2026/27 2027/28 2028/29 2029/30 Total Land Acquisition $ $ $ $ $ $ Building Acquisition > $ $ $ $ $ Building Improvements $ $ $ $ $ $ Recreation Improvements $ 60,000 $ 40,000 $ $ $ $ 100,000 Vehicles $ $ $ $ $ $ Machinery & Equipment $ 30,000 $ $ $ $ $ 30,000 Golf Course Fund Appropriations: $ 90,000 $ 40,000 $ $ $ $ 130,000 Golf Course Fund 2025/26 2026/27 2027/28 2028/29 2029/30 Total Chemical Building Roof/Repair $ $ $ $ $ $ 562.62-50 Building Improvements $ $ $ $ $ $ Create Disc Golf Course $ $ $ $ $ $ Renovate Fairways $ 20,000 $ $ $ $ $ 20,000 Repair Cart Paths $ 40,000 $ 40,000 $ $ $ $ 80,000 563.63-24 Golf Course Improvements $ 60,000 $ 40,000 $ $ - $ $ 100,000 Rotary Deck $ $ $ $ $ $ Additional Mowing Equipment $ 30,000 $ $ $ $ $ 30,000 564.64-95 Machinery & Equipment $ 30,000 $ $ $ $ - $ 30,000 Total Appropriation $ 90,000 $ 40,000 $ $ $ - $ 130,000 Fund Revenue $ 90,000 $ 40,000 $ $ $ $ 130,000 Loan Revenue $ $ $ $ $ $ G Grant Revenue $ S $ $ $ $ o Other Sources: S $ $ $ $ $ DedicatedF Revenue $ 90,000 $ 40,000 $ $ $ $ 130,000 Computer Services Fund Capital Improvement Plan Total Funding bys Source 2025/26 2026/27 2027/28 2028/29 2029/30 Total Fund Revenue $ 48,000 $ $ $ $ $ 48,000 Loan Revenue $ $ $ S S $ Grant Revenue $ $ $ S S $ Other Sources: $ $ $ $ $ $ Dedicated Revenues: $ 48,000 $ $ $ $ $ 48,000 Total By Type 2025/26 2026/27 2027/28 2028/29 2029/30 Total Land Acquisition $ $ S $ Building Acquisition $ $ Building Improvements S $ $ 5 Vehices $ 28,000 $ $ $ $ $ 28,000 Network Upgrades S 20,000 $ $ $ S $ 20,000 Machinery & Equipment $ $ $ $ $ $ Mapping $ $ $ $ $ 5 Computer ServicesFund/ Appropriations: $ 48,000 $ $ $ $ $ 48,000 Ordinance 1546 Page 11 of 11 Computer Services 2025/26 2026/27 2027/28 2028/29 2029/30 Total 1/21 Ton Truck (New) $ 28,000 $ $ $ $ $ 28,000 564.64-09 Vehicles $ 28,000 $ $ $ $ $ 28,000 Servers (2) $ 20,000 $ $ $ $ S 20,000 564.64-21 Network Upgrades $ 20,000 $ $ - $ - $ $ 20,000 Total Appropriation $ 48,000 $ $ $ $ s 48,000 Fund Revenue $ 48,000 $ $ $ $ S 48,000 Loan Revenue $ $ S $ $ Grant Revenue $ $ $ $ S oOther Sources: $ $ $ $ $ Dedicated Revenue $ 48,000 $ $ $ $ $ 48,000 ATTACHMENT 2 Ordinance 1546 Page 1 of 11 ORDINANCE NO. 1546 AN ORDINANCE AMENDING THE 2030 COMPREHENSIVE PLAN OF THE CITY OF SEBRING, FLORIDA, SAID AMENDMENT BEING KNOWN AS "AMENDMENT 25- 01CIE"; SPECIFICALLY AMENDING THE ADOPTED CAPITAL IMPROVEMENTS ELEMENT BY UPDATING THE 5-YEAR CAPITAL IMPROVEMENTS PLAN; TRANSMITTING SAID AMENDMENT TO THE FLORIDA COMMERCE FOR INFORMATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 163, Part II Florida Statutes, establishes the Community Planning Act ("Act"), which empowers and mandates the City of Sebring, Florida (the "City") to plan for future development and growth and to adopt and amend comprehensive plans, or elements or portions thereof, to guide the future growth and development of the City; and WHEREAS, Section 163.31773,0/5)0) of the Florida Statutes and the City of Sebring's Comprehensive Plan Capital Improvement Element require a five-year schedule of Capital Improvements projects be maintained annually; and WHEREAS, the City Council has determined that it is in the best interest of the public health, safety, and general welfare of the residents of the City to amend the Five-Year Capital Improvement Plan consistent with the requirements of Section 166.041, Florida Statutes; and WHEREAS, the Capitalmprovements Programis an effective planningtoolfor the City Council, management staff, and the public in the evaluation of the City's future needs; and WHEREAS, in exercise of its authority, the City has determined it necessary to adopt this amendment to the Plan, whichis attached hereto as Exhibit "1"and by this reference made a part hereof, to insure that the Plan is in full compliance with the laws of the state of Florida; and WHEREAS, pursuant to Section 166.041, Florida Statutes, the City Council held a meeting and hearing on Ordinance 1546 with due public notice having been provided, to obtain public comment, and considered all written and oral comments received during public hearings, including supporting documents; and Ordinance 1546 Page 2 of 11 WHEREAS, Staff recommends that the City Council approve this Ordinance adopting the 5-Year Capital Improvement Plan for fiscal years 2025/26 through 2029/30. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBRING, FLORIDA, that: SECTION 1. The provisions set forth in the recitals to this Ordinance (whereas clauses) are hereby adopted by the Commission as the legislative findings and intent pertaining to this Ordinance. SECTION 2. The Capitalmprovements Program for Fiscal Years (FY) 2025/26 through FY 2029/30, attached hereto as Exhibit "1"and made a part hereof, be and the same is hereby adopted and codified in the Code of Ordinances of the City, and amending the Capital improvement Element of the City's Comprehensive Plan. SECTION 3. That the first fiscal year (FY 2025/26) of the Capital improvements Program is hereby approved as the capital budget of the City of Sebring in accordance with the Capital Improvements Element of the City's adopted Comprehensive Plan. Actual project authorization and appropriation are subject to approval in the FY 2025/26 Budget. SECTION 4. The Capital Improvements Program identifies unfunded capital projects fori informational purposes and these unfunded capital projects are supported by the City Council and City Administration in the event funding is identified. SECTION 5. AlL ordinances or portions of the Code of Ordinances of the City of Sebring in conflict with the provisions of this ordinance shall be repealed to the extent of such conflict. SECTION 6. Should any provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other that the part declared to be invalid. SECTION7. The provisions of this ordinance shall become effective immediately upon adoption. Ordinance 1546 Page 3 of 11 SECTION8. Itis the intention of the City Council that the provisions ofthis Ordinance shall become and be made a part of the Comprehensive Plan of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", 'section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Comprehensive Plan is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographicat and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or his designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. INTRODUCED AND PASSED on First Reading at the regular meeting of the City of Sebring City Council held on the day of 2025. PASSED AND DULY ADOPTED, on second reading at the meeting of the City of Sebring City Council duly assembled on the day of 2025. CITY OF SEBRING, FLORIDA Josh Stewart, President City Council, City of Sebring, Florida Attest: Kathy Haley, City Clerk This Ordinance was adopted after consideration at two advertised public hearings and at two separate meetings after notice being property published in a local newspaper and was duly passed on the day of 2025, and the same is hereby certified to the Mayor for his approval or disapproval. WITNESS my hand and seal at Sebring, Florida, this day of 2025. Kathy Haley, City Clerk City of Sebring Ordinance 1546 Page 4 of 11 The foregoing Ordinance was received by me this day of 2024, and by me approved this day of 2025. John C. Shoop, Mayor City of Sebring, Florida I, KATHY HALEY, City Clerk of the City of Sebring, Florida, hereby certify that a copy of the foregoing Ordinance was posted by me at the door of the City Hall on the day of 2025, and that same remained sO posted until the day of 2025. Kathy Haley, City Clerk City of Sebring, Florida Ordinance 1546 Page 5 of 11 Ordinance No 1546 Exhibit "A" Capital Improvement Plan General Fund Capital Improvement Plan Total By Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total Administration $ $ 3,350,000 S $ S $ 3,350,000 Police Department $ 47,904 $ 786,800 $ 426,926 $ 1,055,245 $ 440,302 s 2,757,177 Firet Department S 425,000 $ 3,650,000 $ 1,460,000 $ 2,500,000 $ 2,152,000 s 10,187,000 Public Works $ 315,000 $ 1,817,000 $ 1,002,500 $ 25,000 $ 25,000 s 3,184,500 Maxl Long $ 150,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 s 550,000 General Fund Appropriations: $ 937,904 $ 9,703,800 $ 2,989,426 $ 3,680,245 $ 2,717,302 s 20.028,677 TotalF Fundingl by Source 2024/25 2025/26 2026/27 2027/28 2028/29 Total Fund Revenue $ 937,904 $ 4,215,800 $ 2,989,426 $ 3,680,245 $ 2,717,302 $ 14,540,677 Loan Revenue $ $ 5,488,000 $ $ $ 5,488,000 Grant Revenue: $ $ $ $ S $ Other Sources: $ $ $ $ $ $ Dedicated Revenues: $ 937.904 $ 9.703,800 $ 2,989,426 $ 3,680,245 $ 2.717.302 s 20,028,677 Total By Type 2025/26 2026/27 2027/28 2028/29 2029/30 Total LandA Acquisition $ $ S $ $ S Building Acquisition $ 350,000 $ 6,652,000 $ 3,125,000 S 1,000,000 $ 11,127,000 Bulding Improvements $ 75,000 $ $ 5 $ 75,000 Infrastructure Improvements $ $ $ S $ $ Recreation Improvements $ 150,000 $ 150,000 $ 1,000,000 $ 100,000 $ 100,000 $ 1,500,000 Vehides $ 135,000 $ 2,327,896 $ 1,404,426 $ 370,245 $ 1,532,302 $ 5,769,869 Machinery & Equipment $ 202,904 $ 548,904 $ 560,000 $ 60,000 $ 60,000 $ 1,431,808 Mapping $ 25.000 $ 25,000 $ 25.000 $ 25,000 $ 25.000 s 125,000 General Fund Appropriations: S 937,904 $ 9,703.800 $ 2.989,426 $ 3.680,245 $ 2.,717,302 s 20,028.677 Administration a Finance 2025/26 2026/27 2027/28 2028/29 2029/30 Total 6 CityHallA Acqustion/Renovation $ $ 3,350,000 $ $ $ s 3,350,000 56262-01 Buildings $ $ 3,350,000 $ $ $ S 3,350,000 Total Appropriation $ $ 3,350,000 $ $ $ $ 3,350,000 Fund Revenue $ $ $ $ $ $ Loan Revenue $ $ 3,350,000 $ $ $ $ 3,350,000 Grant Revenue $ $ $ $ S $ o Other Sources: $ $ $ $ S $ Dedicated Revenue $ $ 3,350,000 $ $ $ S 3,350,000 Police Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total Evidence Facility $ $ $ $ 625,000 $ $ 625,000 562.62-01 Buildings $ $ $ $ 625,000 $ $ 625,000 Police Explorer Vehide Replacement $ $ 252,896 $ 331,926 $ 335,245 $ 345,302 $ 1,265,369 Administrative Vehicles $ $ $ 35,000 $ 35,000 S 35,000 s 105,000 564.64-09 Vehickes $ $ 252,896 S 366,926 $ 370,245 $ 380,302 s 1370,369 LPortable Radios (40) $ $ 486,000 $ $ $ S 486,000 56464-12 Radios $ $ 486,000 $ $ S S 486,000 In-Car Cameras (Annual Payment) $ 47,904 $ 47,904 S $ $ $ 95,808 Body Cam System (Annual Payment) $ $ $ 60,000 $ 60,000 S 60,000 s 180,000 564.64-25 Comero Systems $ 47,904 S 47,904 $ 60,000 $ 60,000 S 60,000 s 275,808 Total Appropriation $ 47,904 $ 786,800 $ 426,926 $ 1,055,245 $ 440,302 $ 2,757,177 Fund Revenue $ 47,904 $ 300,800 $ 426,926 $ 1,055,245 $ 440,302 $ 2,271,177 Loan Revenue S $ 486,000 $ S S 486,000 Grant Revenue $ $ $ > $ 0Other Sources: $ $ $ $ $ $ Dedicatedr Revenue $ 47,904 $ 786,800 $ 426,926 $ 1055,245 $ 440,302 s 2,757,177 Ordinance 1546 Page 6 of 11 Fire Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total New North Station $ 350,000 $ 1,650,000 $ $ $ 2,000,000 New! South Station $ $ $ $ 2,500,000 $ 2,500,000 Training! Facility $ $ $ $ $ 1,000,000 S 1,000,000 562.62-01 Buildings $ 350,000 $ 1,650,000 $ . $ 2,500,000 $ 1,000,000 s 5,500,000 Station 145 Storage Area $ 75,000 S $ $ $ S 75,000 562.62-50 Building Improvements $ 75,000 S $ $ $ S 75,000 Ladder Truck (1662 03 Pierce) $ $ 2,000,000 $ $ $ $ 2,000,000 Apparatus North Station $ $ $ 960,000 $ $ $ 960,000 Apparatus. South Station $ $ $ $ $ 1,152,000 $ 1,152,000 564.64-51 Fire Vehickes $ $ 2000,000 $ 960,000 $ $ 1,152,000 s 4112,000 SCBA's $ $ $ 500,000 $ $ $ 500,000 564.64-95 Mochinery & Equipment $ $ $ $00,000 S S s 500,000 Total Appropriation $ 425,000 $ 3.650,000 $ 1A60.000 $ 2,500,000 $ 2,152.000 s 10,187.000 Fund Revenue $ 425,000 $ 3,650,000 $ 1,460,000 $ 2,500,000 $ 2,152,000 $ 10,187,000 Loan Revenue $ $ $ $ $ Grant Revenue $ $ $ $ $ 00 Other Sources $ $ $ $ $ $ Dediated Revenue $ 425,000 $ 3,650,000 $ 1460,000 $ 2.500,000 $ 2,152,000 s 10,187,000 Max Long 2025/26 2026/27 2027/28 2028/29 2029/30 Total Max Long Complex! Enhancements $ 150,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 s 550,000 563.63-26 Max Long Improvements S 150,000 S 100,000 $ 100,000 $ 100,000 S 100,000 S 550,000 Total Appropriation $ 150,000 $ 100,000 $ 100,000 $ 100.000 $ 100,000 s 550,000 Fund Revenue S 150,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 550,000 LLoan! Revenue S S $ $ S aGrant Revenue S $ $ $ $ oOther Sources: $ $ $ $ $ $ Dedicated Revenue $ 150,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 550,000 Public Works 2025/26 2026/27 2027/28 2028/29 2029/30 Total LFacilities Complex- -Operations $ $ 1,652,000 $ $ $ s 1,652,000 56262-01 Buildings $ $ 1,652,000 S $ $ s 1,652,000 Rotary Park Improvements $ 5 50,000 $ $ $ S 50,000 Veterans Beach Improve/Plypround $ $ $ 450,000 $ $ S 450,000 Charle Brown Playground $ $ $ 450,000 $ $ $ 450,000 563.63-35 Recreation Improvements $ $ 50,000 $ 900,000 $ $ $ 950,000 1/2-Ton Truck (3364 14F150) $ 60,000 $ $ $ S $ 60,000 -Ton Dump Truck (0810- "01 Stertng) 5 75,000 $ 5 $ $ $ 75,000 1-Ton Utility Truck (3358 '14F150) S $ 75,000 $ $ $ $ 75,000 1-Ton Utiity Truck (3876 - '18 1500) $ $ $ 77,500 $ $ S 77,500 564.64-09 Vehicles $ 135,000 $ 75,000 $ 77,500 $ $ - $ 287,500 Skid Steer $ 130,000 $ $ $ $ $ 130,000 Generator Public' Works Facility S 25,000 S $ $ $ $ 25,000 Utility' Vehicle (4197. - 201 John Deere) $ $ 15,000 $ $ $ $ 15,000 56464-95 Mochinerys Equipment $ 155,000 $ 15,000 $ $ $ $ 170,000 GISN Mapping $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 s 125,000 568.68-11 Mapping $ 25,000 S 25,000 $ 25,000 $ 25,000 $ 25,000 s 125,000 Total Appropriation s 315,000 $ 1,817,000 $ 1,002,500 $ 25,000 $ 25,000 Is 3,184,500 Fund Revenue $ 315,000 $ 165,000 $ 1,002,500 $ 25,000 $ 25,000 $ 1,532,500 Lloan Revenue $ $ 1,652,000 $ $ $ $ 1,652,000 Grant Revenue $ $ $ $ $ $ o Other Sources: $ $ $ $ $ $ Dedicated Revenue $ 315,000 $ 1817,000 $ 1,002,500 $ 25,000 $ 25,000 s 3,184.500 Ordinance 1546 Page 7 of 11 Infrastructure Fund Capital Improvement Plan Total By Department 2025/26 202627 2027/28 2028/29 2029/30 Total storm Water S 5,400,000 $ 6,100,000 $ 9,800,000 $ 100,000 S 100,000 $ 21,500,000 sidewalks, Streets & Roads $ 1,834,653 $ 509,532 S 582,923 $ 476,382 $ 449,910 $ 3,853,400 Recreation $ 400,000 $ 400,000 s $ S $ 800,000 infrastructure Fund Appropriations: 5 7,634,653 $ 7,009,532 $ 10,382,923 S 576,382 S $49,910 S 26,153,400 Totall Funding bys Source 2024/25 2025/26 2026/27 2027/28 2028/29 Total Fund Revenue 2,334,653 $ 859,532 $ 682,923 $ $76,382 $ 549,910 $ 5,003,400 Loan Revenue $ 5,000,000 $ 6,000,000 $ 9,700,000 $ $ $ 20,700,000 Grant Revenue: FDEM, FCT $ 300,000 $ 150,000 $ $ S $ 450,000 others Sources: $ $ S $ $ $ Dedicated Revenues: $ 7,634,653 $ 7009532 $ 10,382,923 $ 576,382 5 549,910 s 26153400 Total By Type 2025/26 2024/27 2027/28 2021/29 2029/30 Total uand Acquisition S 250,000 $ $ $ 250,000 Building Acquisition $ 5 $ S $ $ ouilding Improvements $ S $ $ infrastructure Improvements $ 7,234,653 $ 6,609,532 $ 10,382.923 $ 576,382 $ 549,910 $ 25,353,400 Recreation Improvements S 400,000 $ 150,000 $ $ 550,000 vehicles S $ $ > S $ Infrastructure RundA Appropriations: $ 7,634,653 $ 7,009,532 $ 10,382,923 S 576,382 $ 549,910 s 26,153,400 Infrastructure 2025/26 2026/27 2027/28 2024/29 2029/30 Total G Open/Green Space Acquisition S S 250,000 $ 5 $ $ 250,000 56L.61-01 LandA Acquisition $ $ 250,000 $ 5 $ $ 250,000 uakeview- West Lake Jackson 5 5,000,000 $ 5,000,000 $ 4,700,000 $ S 14,700,000 GMaster Plan/vuherablity, Assessment 300,000 $ $ $ $ 300,000 Downtown East Lake Jackson $ 5 1,000,000 $ 5,000,000 $ $ 6,000,000 Home Ave Parkwayt tor Hiawatha $ 100,000 $ $ $ $ 100,000 Easto Center St Parkway to Circle Park $ 5 100,000 5 $ 5 $ 100,000 S Eucalyptus St- S Commerce to Lakeview $ 5 100,000 $ $ 100,000 S Mango S N Ridgewood to S Commerce $ $ 5 5 100,000 5 $ 100,000 Magnolia Ave -SPine tostucalyptus S $ $ $ S 100,000 s 100,000 563.63-32 Stormwoter $ 5,400,000 $ 6,100,000 $ 9,800,000 $ 100,000 $ 100,000 $ 21,500,000 Sebrings Parkway (County Match) S 166,207 5 169,532 5 172,923 $ 176,382 5 179,910 $ 864,954 Sebring Parkway Repaving (Pledged) S 1,428,446 S S 5 1,428,446 Home Ave Parkway to Hiawatha (1500) $ 240,000 $ $ $ 240,000 East Center St Parkway to Circle Park S $ 340,000 $ $ $ $ 340,000 SEucalyptus! St- S Commerce to lakeview S $ $ 410,000 $ $ $ 410,000 S Mango St N Ridgewood to S Commerce 5 $ 300,000 5 $ 300,000 Magnolia Ave S Pine to SEucalyptus $ S $ S S 270,000 $ 270,000 56363-10 Roods & Streets $ 1,834,653 $ 509,532 $ 582,923 $ 476,382 $ 449,910 s 1453,400 City Pier (Engineering & Analysis) $ 250,000 5 S S $ $ 250,000 EcoP Park Nature Trail/Boardwalk $ 150,000 S 150,000 S $ $ 300,000 56363-35 Recreation improvements $ 400,000 $ 150,000 $ $ $ $ $50,000 TotalA Appropriation $ 7,634653 $ 7,009,32 $ 10,382,923 $ 576,382 $ 549,910 $ 26,153,400 Fund Revenue S 2,334,653 $ 859,532 $ 682,923 $ $76,382 S 549,910 $ 5,003,400 Loan Revenue 5 5,000,000 $ 6,000,000 $ 9,700,000 $ $ 20,700,000 a Grant Revenue: FDEM, FCT $ 300,000 $ 150,000 $ $ 5 $ 450,000 o Other Sources: S $ $ 5 $ pediated Revenue $ 7,6341653 $ 7009,532 $ 10,382,925 $ 576,382 $ 549,910 $ 26,153,400 Ordinance 1546 Page 8 of 11 Utilities Fund Capital Improvement Plan Totalcy Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total Administration & Customer Service $ 34,000 $ 1,650,000 $ $ $ 1,684,000 water Department $ 1,530,000 $ 12,625,000 $ 1,725,000 $ 3,336,000 $ 525,000 19,741,000 waste Water Treatment $ 1,040,000 $ 14,900,000 $ 19,000,000 $ $ 25,000,000 $ 59,940,000 waste Water Collections S 16,120,125 $ 7,944,750 $ 249,675 $ 5,188,000 $ $ 29,502,550 Utilities Fund Appropriations: S 16,724,125 S 37,119,750 $ 20,974,675 $ 8,524,000 S 25,525,000 S 110,867,550 Total Runding bys Source 2025/26 2026/27 2027/28 2028/29 2029/30 Total FundRevenue $ 2,724,125 $ 1,789,750 $ 1,974,675 $ 525,000 $ 525,000 $ 7,538,550 Loan Revenue $ 5,400,000 $ 28,050,000 $ 19,000,000 $ 7,999,000 $ 25,000,000 $ 85,449,000 Grant Revenue $ 10,600,000 $ 7,280,000 $ 5 $ $ 17,880,000 other Sources: 5 $ S $ $ Dedicateds Revenues: $ 18,724,125 $ 37,119,750 $ 20,974,675 $ 8524,000 $ 25,525,000 s 110,867,550 Total Byl Type 2025/26 2026/27 2027/28 2028/29 2029/30 Total landA Acquisition $ $ S $ $ ouldngA Acquisition $ $ 1,650,000 $ 3,999,000 $ $ 5,649,000 Buildingi Improvements $ 1,100,000 $ 24,800,000 $ 19,000,000 $ $ 25,000,000 $ 69,900,000 enfrastructure improvements $ 15,960,125 $ 9,972,750 $ 1,275,375 $ 4,500,000 $ 500,000 $ 32,208,250 vehides S 914,000 $ 72,000 $ 74,300 $ $ 1,060,300 Machinery & Equipment $ 725,000 $ 600,000 $ 600,000 S $ $ 1,925,000 Mapping $ 25,000 $ 25,000 $ 25,000 5 25,000 $ 25,000 $ 125,000 Utibess Fund Appropriations: $ 16,724,125 $ 37,119,750 $ 20,974,675 $ 8,524,000 $ 25,525,000 $ 110,867,550 Utilities Admin./Customer: Service 2025/26 2026/27 2027/28 2028/29 2029/30 Total L city Hal Acquisition/R Renovation S $ 1,650,000 s 1,650,000 562.62-01 Buldings s s 1,650,000 $ 5 5 s 1650,000 light Truck (Transfer to Computer Svcs.) $ $ $ S $ $ ught Truck (4138-" '19F Prontier) $ 34,000 $ S $ $ $ 34,000 564.64-09 Vehicles $ 34,000 $ $ $ $ $ 34,000 Total Appropriation $ 34,000 $ 1,650,000 $ $ $ s 1,684,000 Fund Revenue $ 34,000 $ $ $ $ 34,000 Loan Revenue 5 5 1,650,000 $ $ $ S 1,650,000 Grant Revenue 5 $ $ $ 5 $ oOthers Sources: $ $ $ $ $ $ Dedicated Revenue $ 34,000 $ 1,650,000 $ $ $ s 1,684,000 Water Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total C Fadlities Complex. Operations S 5 $ 2,811,000 s $ 2,811,000 562.62-01 Buildings $ S 5 $ 2,811,000 $ 5 2,811,000 Sebringo Country Esuates Water Plant $ 100,000 5 9,900,000 $ $ 10,000,000 562.62-50 Building/Plant mmprovements $ 100,000 $ 9,900,000 $ 5 $ $ 10,000,000 Witertine upgades/Aditions S 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 2,500,000 US9 98 waterline Replacement 5 $ 1,600,000 $ S $ $ 4,600,000 Sebring Parkwayt tie 12" to 10" $ 5 $ 600,000 $ S $ 600,000 563.63-50 mfrestructure Amprove. Water $ 500,000 $ 2,100,000 $ 1,100,000 $ 500,000 $ 500,000 $ 4,700,000 1-Ton Uniity Truck, 22492-08/250) s 180,000 5 $ $ 160,000 $64.64-09 Vehides $ 160,000 5 $ 3 $ $ 180,000 AMI 4G Meter Registers $ 600,000 S 600,000 $ 600,000 $ $ $ 1,800,000 5646446 Meter Registers $ 600,000 $ 600,000 $ 600,000 $ $ s L800,000 Backhoe (No Disposal) $ 125,000 $ $ $ $ $ 125,000 564.64-95 Machinery & Equipment $ 125,000 - S $ $ s 125,000 GISN Mapping s 25.000 25,000 S 25,000 $ 25.000 $ 25.000 $ 125,000 568.68-11 Mapping $ 25,000 $ 25,000 S 25,000 $ 25,000 $ 25,000 s 125,000 Total Appropriation s 1530,000 $ 12,625,000 $ 1,725,000 $ 1136,000 s 525,000 s 19,741,000 Fund Revenue 5 1,430,000 $ 1,125,000 $ 1,725,000 $ 525,000 $ 525,000 $ $,330,000 Loan Revenue $ 100,000 $ 11,500,000 5 2,811,000 $ 14,411,000 a Grant Revenue > S S $ > o Others Sources: s 5 $ $ Dedicated Revenue $ 1,530,000 $ 12,625,000 $ 1,725,000 $ 3,336,000 $ $25,000 s 19,741,000 Ordinance 1546 Page 9 of 11 Wastewater Treatment 2025/26 2026/27 2027/28 2028/29 2029/30 Total Cemetery Plant Capacity Additions $ 900,000 S 14,000,000 s $ 5 $ 14,900,000 Western WWTP. Rebuild 100,000 $ 900,000 $ 19,000,000 $ S $ 20,000,000 . Southem WWTP. NewB Build S 5 S 5 $ 25,000,000 s 25,000,000 562.62-50 Buildfingplant improvements $ 1,000,000 $ 14,900,000 $ 19,000,000 $ $ 25,000,000 s 59,900,000 12-Ton Utility Truck S 40,000 $ $ $ $ $ 40,000 56464-09 Vehides $ 40,000 5 $ $ $ $ 40,000 Total Appropriation $ 1,040,000 5 14,900,000 $ 19,000,000 $ $ 25,000,000 $ 59,940,000 Fund Revenue $ 40,000 $ S S $ 5 40,000 Loann Revenue S 1,000,000 5 14,900,000 5 19,000,000 $ $ 25,000,000 $ 59,900,000 C Grant Revenue 5 > 5 e Other Sources: $ $ $ $ $ $ Dedicated Revenue $ 1040,000 $ 14,900,000 $ 19,000,000 $ $ 25,000,p00 s 59,940,000 Wastewater Collections 2025/26 2026/27 2027/28 2028/29 2029/30 Total a Faciities Complex- Operations $ $ $ 1,188,000 S $ L188,000 562.62-01 Buildings $ $ 5 $ L165,000 $ s 1188,000 a George Blvd & Red Beach sw Extension $ 10,600,000 $ $ 5 $ 10,600,000 SAAF Force Main interconnect 2,800,000 $ 5 $ 2,800,000 Transmission: sw tinet to Cemetery $ 1,500,000 $ $ $ 1,500,000 upgrade Master uft Station to Triplex $ 400,000 $ $ $ $ $ 400,000 a Edgewater Point/lakeview Connection S 5 7,280,000 $ $ 5 $ 7,280,000 sW Country club Interconnect (SRF) $ S S s 4,000,000 $ $ 4,000,000 561L63-70 mnfrustructure Improve. wwc $ 15,300,000 $ 7,280,000 $ $ 4,000,000 $ s 26,580,000 Re-Pipe (43L LS) S 105,000 $ 110,000 $ 115,000 $ S $ 330,000 Replace Broken Valves (25 LS) S 55,125 $ 57,750 S 60,375 $ $ $ 173,250 Caladium LS upgrade S $ 425,000 S S $ $ 425,000 563.63-71 Us Station improvements $ 160,125 $ $92,750 $ 175.375 $ $ $ 928,250 1-Ton Utility Truck NO Disposal) 5 60,000 $ $ 5 5 $ 60,000 vacuum Truck (NO Disposal- PW) $ 600,000 5 $ $ 600,000 1-Ton Utility Truck (No Disposal) $ $ 72,000 S $ 72,000 3/4-Ton Truck (3542 -'165 Siverado) $ $ S 74,300 $ $ $ 74,300 564.64-09 vehicles $ 660,000 $ 72,000 $ 74.500 s s s 805.300 Total Appropriation $ 16,120,125 $ 7,944,750 $ 249,675 $ 5,188,000 $ s 29,502,550 FundRevenue 5 1,220,125 $ 664,750 $ 249,675 $ 5 S 2,134,550 Loan Revenue $ 4,300,000 $ 5,188,000 $ $ 9,483,000 a Grant Revenue: FDEP $ 10,600,000 $ 7,280,000 > 3 $ 17,880,000 0 Other Sources: S $ $ $ $ $ Dedicated Revenue $ 16,120,125 $ 7,944,750 $ 249,675 $ 5,188,000 $ s 29,502,550 Solid Waste Fund Capital Improvement Plan Total By Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total Solid Waste 5 78,000 $ 1,773,000 $ 450,000 $ $ $ 2,301,000 ardy Waste 5 255,000 S 250,000 $ $ 275,000 $ $ 780,000 SolidV Waste Fund Appropriations: $ 333,000 $ 2,023,000 $ 450,000 S 275,000 $ s 3,081,000 Total Funding by Source 2025/26 2026/27 2027/28 2028/29 2029/30 Total Fund Revenue $ 333,000 $ 728,000 $ 450,000 $ 275,000 $ $ 1,786,000 Loan Revenue $ 1,295,000 $ $ S $ 1,295,000 Grant Revenue $ $ $ $ $ $ Other Sources: Sale $ $ $ $ $ $ Dedicated Revenues: $ 333,000 $ 2,023,000 $ 450,000 $ 275,000 $ s 3,081,000 Total ByType 2025/26 2026/27 2027/28 2028/29 2029/30 Total Land Acquisition $ $ $ $ $ $ Building Acquisition S $ 1,295,000 $ $ S $ 1,295,000 Building! Improvements $ S $ S S $ Infrastructure improvements $ $ $ $ $ $ Vehicles S 283,000 $ 478,000 $ 450,000 $ 275,000 $ $ 1,486,000 Machinery & Equipment 5 50,000 $ 250,000 $ $ $ $ 300,000 Mapping $ S $ $ $ $ Solidy Waste Fund Appropriations $ 333,000 $ 2,023,000 $ 450,000 $ 275,000 $ s 3,081,000 Ordinance 1546 Page 10 of 11 Golf Course Fund Capital Improvement Plan Total By Department 2025/26 2026/27 2027/28 2028/29 2029/30 Total Golf Maintenance $ 90,000 $ 40,000 $ $ $ $ 130,000 Restaurant $ $ $ $ $ $ Pro Shop $ $ $ $ $ $ Golf Course Fund Appropriations: $ 90,000 $ 40,000 $ $ $ $ 130,000 Total Funding by Source 2024/25 2025/26 2026/27 2027/28 2028/29 Total Fund Revenue $ 90,000 $ 40,000 $ $ $ $ 130,000 Loan Revenue $ $ $ $ $ $ Grant Revenue $ $ $ $ $ $ Other Sources: $ $ $ $ $ $ Dedicated Revenues: $ 90,000 $ 40,000 $ $ $ $ 130,000 Total By Type 2025/26 2026/27 2027/28 2028/29 2029/30 Total Land Acquisition $ $ $ $ $ $ Building Acquisition $ $ $ $ $ $ Building Improvements $ $ $ $ $ $ Recreation Improvements $ 60,000 $ 40,000 $ $ $ $ 100,000 Vehicles $ $ $ $ $ $ Machinery & Equipment $ 30,000 $ $ $ $ $ 30,000 Golf Course Fund Appropriations: $ 90,000 $ 40,000 $ $ $ $ 130,000 Golf Course Fund 2025/26 2026/27 2027/28 2028/29 2029/30 Total Chemical Building Roof/Repair $ $ $ $ $ $ 562.62-50 Building Improvements $ $ $ $ . $ . $ Create Disc Golf Course $ $ $ $ $ $ Renovate Fairways $ 20,000 $ $ $ $ $ 20,000 Repair Cart Paths $ 40,000 $ 40,000 $ $ $ $ 80,000 563.63-24 Golf Course Improvements $ 60,000 $ 40,000 $ . $ . $ $ 100,000 Rotary Deck $ $ $ $ $ $ Additional Mowing Equipment $ 30,000 $ $ $ $ $ 30,000 564.64-95 Machinery & Equipment $ 30,000 $ $ $ $ $ 30,000 Total Appropriation $ 90,000 $ 40,000 $ $ $ $ 130,000 Fund Revenue $ 90,000 $ 40,000 $ $ $ $ 130,000 Loan Revenue $ $ $ $ $ $ Grant Revenue $ $ $ $ $ $ oOther Sources: $ $ $ $ $ $ Dedicated Revenue $ 90,000 $ 40,000 $ $ $ S 130,000 Computer Services Fund Capital Improvement Plan Total Funding by Source 2025/26 2026/27 2027/28 2028/29 2029/30 Total Fund Revenue $ 48,000 $ $ $ $ $ 48,000 Loan Revenue S S S $ $ Grant Revenue $ 5 $ $ $ $ Others Sources: $ S $ $ $ $ Dedicated Revenues: $ 48,000 $ $ $ $ $ 48,000 Total By Type 2025/26 2026/27 2027/28 2028/29 2029/30 Total Land Acquisition S S 5 $ S Building Acquisition > > Building Improvements $ $ S $ S $ Vehicles $ 28,000 $ $ S $ $ 28,000 Network Upgrades 20,000 $ $ $ $ $ 20,000 Machinery & Equipment S $ S $ $ Mapping $ $ $ $ $ $ Computer Services Fund Appropriations: $ 48,000 $ $ $ $ $ 48,000 Ordinance 1546 Page 11 of 11 Computer Services 2025/26 2026/27 2027/28 2028/29 2029/30 Total 1/21 Ton Truck (New) $ 28,000 $ $ $ $ $ 28,000 $64.66-09 Vehicles $ 28,000 $ $ $ $ $ 28,000 Servers (2) $ 20,000 $ $ $ $ $ 20,000 564.64-21 Network Upgrodes $ 20,000 $ $ $ $ s 20,000 Total Appropriation $ 48,000 $ $ S $ s 48,000 Fund Revenue $ 48,000 $ S $ S 48,000 Loan Revenue $ > $ $ $ - Grantr Revenue $ $ $ 0Others Sources: $ $ $ S $ Dedicated Revenue $ 48,000 $ $ $ $ 48,000 ATTACHMENT 3 M/HIGHLANDS NEWS-SUNI May2 25,2 2025 www highla Obituaries Joan! M. "Mema"Tilman porting role in herl laid-back Allan W. Trevelyan Aug. 6, 1943- demeanor. May 17.2025 While she openly admitted Allan Wayne Trevelyan, age Joan Marie "Mema" Tillman, that cookingy wasn't her forte, 93, of Sebring. Florida, passed 81, of Sebring, Florida. passed Joan had an uncanny ability away Wednes- peacefully awayl lateont theeve- tod delegate culinary dutiest to day, May 7, 2025, ning of Saturday, May 17, 2025, her husband Danny and. in with hisw wife by at her cherished latery years, hersonin-law. She hiss side. Hev was home. affection- often displayed pride in her born Sept. 3, ately dubbed" "Me- spotless driving record, claim- 1931, to Lt. Col. ma's Mansion." ing never tot have receiveda Ray A. and Dorothy B. (Tower) Surrounded by ticket a fact that left many Trevelyan in Port Au Prince, AvonParko Coundiwomant Beriece family in ESRNe her loving disbelief given her adven- Haiti. Afler living allo overt the Director then Jessica Carsonplayamodkg gamec oneoncneon and the soothing turous, unique ando often terri- U.S. as al Marine brat. he be- resurfacadb basketballe courtin AlineMkwhtePark. melodies of Elvis fyingly creativedrivings style. came a resident of Sebringi in basketballa at onee of Presley, she em- Ab bit ofad daredevil at heart, 1946. Hes servedi in theUS. Air PARK ther court. On endo the barked on her final journey Joan embraced exhilarating Force as crew chief andf flight FROMI PAGE1 1A other new with bothe comforta andg grace. experiences, especially in! her engineer during the Korean CRA Economic end, Taylor Develop. and Borno on Aug. 6,1 1943, in Chi- later years. From whitewa- War. While serving with the additional security mea- ment Jessica cago, Illinois, Mema's life ter rafting and ziplining to StrategicA Air Command. heh had suresi installed. Carlson Manager played a mock was akint to a highlight reel scuba diving ands skydiving duty in countries from Green- The restroom was one-on-oneg of adventures and heartfelt (botht tandem ands solo), Mema land to North Africa, he often and re- "Tver neverseeni game. it look moments. Shes spent here early lived life to the fullest. Her recounted those adventures painteda moved from grafntir the pavil- like this."Taylor said. yearsi inE Evanston, Illinois, and recente escapades includeda a inl lettersa ands short stories. He ions. Upgraded1 lighting "I played this courta as northern Wisconsin before set- cross-country trip to Yellow- also served in the US. Navy for the was also a child andat tlingi in Lake Placid, Florida, in stone National Park, a train Reserves during the Vietnam installed. park This is wherel Icamein teenager. 1979. Eventually, she mades Se- ride up Pike's Peak, travers War. Allan was a member of Shortly after the rib- andy practiceda all bringh her home, wheres she be- ingu the RockyN Mountains, and First Methodist Church, the bon cutting ceremony, games for Avon ofmy Park cameat beloved ando cherished ahotairb balloon ridec over the AmVets, Elks BPOE 1529, DeSo- children started play. High School atl 12o'clock membero ofour community. canyonso ofU Utah. to City Volunteer Fire Depart- ingo on the playground at night when no one by Joan her was devoted precededi husband in death of tagious, Joan's often laughter leading was her con- to ment, the Cattlemen's JJKA Fraternity Association. and including the swings. was around. Ive never nearly 40 years, Danny Till- tearsa as sher recounted (or was Hev wasa graduate of Abraham Thesel ofther renovations. items weren'tpart seeni She itlikethis." recounteda a time man, in 2022, and her cher- reminded of) humorous tales Baldwin Agricultural College Many were in atten- where ished son, David. She is sur- of her past. Her monthly lun- and Florida Southern College dance, including up residents to would vived by her children: Leslie cheons with her Spring Lake with a degree in citrus! horti- cilwomen Berniece7 Coun- McWhite's "frozen of ladies a A Tay. ands grab" Foatr. (Lee) Ford Jacksonville, were source of im- culture. consummate out- lor, Michelle "Shelly" ofi when Plorida; Mike (Tammy) Woertz mensej joya ande camaraderie. doors man, he loved fishing, Mercure and Brittany cups" it (cupso hot. ice) of Leesburg. Georgia: Steve Mema leaves behindh herf four hunting. camping. monitoring McGuire. Many city that was McWhite She would said be Woertz of Punta Gorda, Flor. fiercely loyal pets Missy, his bluebird boxesa and flying. staffn members were also "proud" of ida;a ands Sheri (Don) Elwello of Buddy.. Jinxsie, and No Tail- Het treasured his days ofbeing in attendance, including tions on a park the renova. named Sebring, Florida. Her legacy whose names aloner reflect her ap pilota and cattle ranching in Public Works Supervi- afterher. continuest through! herl 15t trea straightforward, andb blissful- Floridas andA Alabama. sor Jarred Watson After the ribbon sured grandchildren ando over ly unique. approacht tolife. Allan was preceded in death Code Enforcement and Su- ting. Smith shared cut- two dozeng greatgrandehildren. Joan's wealth wasn't mea- by his parents; wife of 56 pervisor Randy LaBelle that she was born in withr new additionss seemingly suredi In materlal possessions years, Velma Kendrick" Treve- along with city employ. McWhite's house down beinga addedeachy week. but in thel love and1 laughter lyan; daughter, Kim Boswell; ees who were working thes street. Professionally,. Joan contrib- she shared with thosea around sisters, Fern Leeper and Gay ont the park preparation uted her talents at the Georgia her. She was a billionaire in White: and brother, Thornton fort theg grandreopening. every "Shel [McWhitel one of us raised Pacific factory in Lake Plac: thec currency offamily, friends, Trevelyan. Allan is survived Two here that id, thenl later asa a receptionist ande cherishedn memories. by his wife, Sandra W. Trev. Avon Park seniors High School, from Smith came up said. "She today," hada and salesperson at Century A celebration of Joan's ex- elyan; daughters, Zoe Butler Jose Sllva and Kyleshes hand with every one of 21 AdvancedA AIIS Service Real- traordinary life willl beheld (Roger) and Linda Allen (Ken- Nelson, started playing ust that was here today." ty. Shes always fondly, remem- forh her family in then near fu- neth): Larry Trevelyan; bered thes goodt times sheh had ture. In lieu of flowers, her brother, Trevelyan (Cher. there with her friends. How: family encourages those who rie): five grandchildren, four 71 ever, her true calling wasr nur- loved her to make a dona- greatgrandchildren: anda ahost turing her family ands spread- tion to the Humane Society ofextended family andf friends. às ingj joy wherevers shew went. of Highlands County in her Memorial services will be "Mema," as shey was known honor, share a laugh or fond held at p.m. Saturday, May 31, by nearly everyone who knew memory. forgive a long-held 2025, at First Sebring Church. her, possesseda al heart as vast grudge. or perhapst tellal loved Memorial contributions may ast the ocean anda al laugh that one or friend just how import- ber made to St. Jude's Children's could light upa any room. She ant they arei iny your! life. Hospitalo or Good Shepherd! Hos- wast the embodimento of calm Mema would definitely piceofHighlands County. ando carefree, rarely letting approve. Cremationa arrangements en- life's daily challenges ruffle Arrangements under the trusted to Stephenson-- Nelson her feathers. Her occasion- direction of Dowden Fu- Funeral Home, Sebring. Flori. al margaritas at the Gator neral Home, 2605 Bayview da. Online condolences mayb be Shack or Cody's may or may Street, Sebring. FL 33870; left at www. stephensonnelson. not have played as small, sup- 863-385-1546. fh.com CITY OFS SEBRINGI NOTICE OFF PUBLICI HEARINGS YOU ARE HEREBY NOTIFIED that PUBLIC HEARINGS will be held and an ordinance will be consideredi in the Council Chambers, City Hall, 368 South Commerce Avenue, Sebring, Florida,a asf follows: 1. A public hearing before the City of Sebring Planning and Zoning Board and Local Planning Agency on Tuesday, June 10. 2025 beginning at 5:30 pm, or as soon thereafter as possible. Consideration willb beg given whether tor recommend that City Council adopt Ordinancel No 1546. Avon Parki Highs School senior Joses slival DIEGODE lespsh for JESUSISTAFF layup 2. TheF First Reading (Publici Hearing)v will be held before the City Council on: Iuesday,. Park. owarde one oft ther new! basketballh hoops at Aline Mcwhite June1Z.2025 beginning at 5:30p p.m, or ass soon thereaftera as possiblet to consider Ordinancel No 1546. 3. The Second Reading (Public Hearing) for this amendment will bet held byt the City of Sebring City Council on) Tuesday.uly 1.2025 beginning at 5:30 PM or as soon thereafter as possiblet toc considera adoption of Ordinance! No 1546. ORDINANCE1546: ANORDINANCE AMENDINGTHE 2030COMPREMENSIVE: PLANOFTHE CITYOFS SEBRING, FLORIDA, SAIDAMENDMENTE EBNGPAOMASAMEOMEN, 2S0ICIPSPECFICALY AMENDING THE ADOPTED CAPITAL IMPROVEMENTS ELEMENT BY UPDATING THE 5-YEAR CAPITAL IMPROVEMENTS PLAN; TRANSMITTING SAID AMENDMENT TO THE FLORIDA COMMERCE FOR INFORMATION: PROVIDING FOR SEVERABILITY; AND Joses Parkk Silvaa High andKyleshes! School, play! basketballo Nelson, two on seniors ther EADESS esurfaodbas AESTNT PROVIDINGI FOR ANI EFFECTIVE DATE. katballe court. Silva layed ontheA APHS baskathallte team asNo. 13 whileN Nelsonn ranf fort thet track team andy partid- THE CITY OF SEBRING DOES NOT DISCRIMINATE UPON THE 8ASIS OF ANI INDIVIDUAL'S patedint ther robotics eam. DISABILITY STATUS. THIS NON- DISCRIMINATORY POLICY INVOLVES EVERY ASPECT OF lesbe katrticsa THE CITY'SFUNCTIONS, INCLUDING ONE'SACCESS TO, PARTICIPATIONI IN, EMPLOYMENT Noi mmatter what OF, OR1 TREATMENTI IN, IS PROGRAMS AND/OR ACTIVITIES. IN ACCORDANCE WITH1 THE wyinie hik frigdl tdi ou re looking for. AMERICAN WITH DISABILITIES ACT, PERSONS WITH DISABILITIES NEEDING A SPECIAL hslsynaild ailty Check the ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT KATHY HALEY, CITY CLERK, AT 368 SOUTH COMMERCE AVENUE, SEBRING, FLORIDA 33870, Jodes Sun Classified TELEPHONE (863) 471-5100, NOT LATER THAN TWENTY-FOUR (24) HOURS PRIOR TO Suneal dome 5 first! THEF PROCEEDING. IF HEARINGO ORV VOICE IMPAIRED, PLEASE CALLTHE CLERK THROUGH G lyow an FLORIDA RELAY SERVICE: (TDD) 1-800-955-8771, OR VOICE (V) 1-800- 955-8770, VIA pe run ifi FLORIDAR RELAY SERVICE. Mslayiess poS1SA SgRIo CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: July 1, 2025 PRESENTER: Swaine AGENDA ITEM#: 12 A - Proposed Estoppel Letter for 503 E. Center Ave Final Judgment payoff BACKGROUND: The City and the owners of 503 E. Center Ave., Sebring were involved in a lawsuit years ago involving the presence ofthe homeowners' wall located in the Right of Way. The lawsuit resulted in a Final Judgment in favor ofthe City in the amount of $27,768.25. The owner of 503 E. Center Ave. is Gingerlee Mitchelllindo wishes to sell her property. The Final Judgment is a lien on her property and must be paid for her to provide marketable title to the buyer. She proposes to pay the City $27,768.25 from the sales proceeds ofthe property, but not the interest that has accrued over the last fourteen years. Attachment: Final Judgment dated January 5, 2011 REQUESTED MOTION: Accept offer from Gingerlee Mitchelllindo for her to pay the City $27,768.25 on or before August 1, 2025 in exchange for the City executing a Release ofLien for 503 E. Center Ave. Sebring, and authorizing the Council President to execute an estoppel letter to that effect. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER Gingerlee Mitchelindo 4607 Alhambra Avenue Sebring, FL 33870 863-273-3766 ngetedrad@hommailon June 27, 2025 City of Sebring clo Robert S. Swaine, Esq. 425 South Commerce Avenue Sebring, FL 33870 Re: Request for Forgiveness of Interest - Judgment on 503 East Center Avenue, Sebring, FL: 33870 Dear City of Sebring and Attorney Robert S. Swaine, Ia am writing regarding the judgment attached to the property locatedl at 503 East Center Avenue, Sebring, FL: 33870, which is currently in the process ofb being sold. The face value oft the judgment will be paid in full at the time of closing. I respectfully request forgiveness of the interest that has accrued on the judgment. Unfortunately, I was never provided with a copy of the final judgment nor a clear breakdown of the total amount owed, which left me unaware of the accumulating interest. Had I received this information, I would have acted sooner to address the matter. Given that the principal judgment will be fully satisfied from the proceeds of the sale, I kindly ask for your consideration in waiving the interest as a gesture of goodwill. This would greatly assist in finalizing the closing process and resolving the matter amicably for all parties involved. Please let me know if any documentation or further information is needed to support this request. I appreciate your time and consideration, and I look forward to your favorable response. Sincerely, D0o Gingerlee Mitchelllindo OFFICIAL RECORDS FILE#: 1993985 OR BK 2766 PG 199 PAGES: 3 8/5/2020 2:25:31 PM REC FEES: $27.00- D.C. STURNBULL ROBERT W. GERMAINE CLERK OF COURTS, HIGHLANDS CO. OFFICIAL RECORDS FILE# 1623205 BK 2286 PG 1490 RCD: 06/17/2011 09:16:02 AM D.C. PNAVA REC. FEE $27.00 ROBERT W. GERMAINE CLERK OF COURTS HIGHLANDS CO. OFFICIAL RECORDS FILE# 1606862 BK 2267 PG 904 RÇD: 01/10/2011 08:23:02 AM D.C. CNORKA ROBERT w. GERMAINE CLERK OF COURT8 HIGHLANDS co. Sg 00 2 3.09 33.00 IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRGEN IN AND FOR HIGHLANDS COUNTY, FLORIDA CITY OF SEBRING, a Florida municipal corporation, Plaintiff, VS. CASE NO. 09-00183-ccs KALVIN BERICE LINDO and GINGERLEE MTTCHELLLINDO, Defendants. FINAL JUDGMENT On September 3, 2010, the Court entered its Order Granting Plaintif's Motion for Final Summary Judgment, which determined that Defendants, KALVIN BERICE LINDO and GINGERLEE MITCHELLLINDO,constructedat wall thati impermissibly encroached into the right- of-way ofOrange Street and East Center. Avenue. The Order also provided, among other matters, that Defendants had an opportunity to remove the wall themselves and, failing which, the Plaintiff, CITY OF SEBRING, could do so at Defendants' cost. The Court finds thel Defendants have failed to make significant progress toward removal ofthe walls as provided in the Order of September 3, 2010. Accordingly, Plaintiffi is authorized to proceed with the complete removal of the walls located on the subject real property along Orange Street and East Center Avenue. Plaintiff is further authorized to take any additional action necessary to fully restore the East Center. Avenue right-of-way and the Orange Street right-of-way, including action to ensure that the soil and other material from the subject real property does not encroach into the right- of-way for Orange Street or East Center Avenue, which may include grading the subject real property FILE # 1993985 OR BOOK 2766/PAGE 200 PAGE 2 of 3 OFFICIAL RECORDS BOOK 2286 PAGE 1491 OFFICIAL RECORDS BOOK 2267 PAGE 905 and disposing of the soil and vegetative matter, replacing sidewalks damaged during removal and installing sod on Defendants' real property as an effort to mitigate potential erosion ofthel Defendants' real property. Based on the above findings of fact, it is ORDERED and ADJUDGED: 1. Final Judgment in favor of the Plaintiff, CITY OF SEBRING, is hereby GRANTED, 2. Plaintiff, CITY OF SEBRING, whose address is 368 South Çommerce. Avenue, Sebring, FL, shall have and recover from the Defendants, KALVIN BERICE LINDO and GINGERLEE MITCHELLLINDO, 503 East Center Avenue, Sebring, FL, the following amounts: a. Costs, fees and other expenses incurred by Plaintiffin restoring the right ofways, including removing the walls, restoring the sidewalks, grading areas ofthe property, and placing sod thereon once graded: $17,000.00 b. Fine imposed under the City ofSebring Code the amount of$25.00 per day from November 20, 2009, through and including December 21, 2010 (396 days) $ 9,900.00 C. Costs incurred by Plaintiff in the prosecution of this action $ 868.25 TOTAL: $2 27,768.25 which sum shall bear interest at the statutory rate of 6% until paid, for all of which let execution issue. Such sum is also a lien on the subject real property as of September 3, 2010, which may be enforced' by the Plaintiff pursuant to any applicable state or local law. 3. This Court reserves jurisdiction of this matter and the parties hereto in order to enforce the terms of this Order. JAN 05 2011 ADJUDGED at Sebring, Highlands County, Florida, this day of Becember,2010. DAladl ngeb Cowden, Circuit. Judge 2 FILE # 1993985 OR BOOK 2766/PAGE 201 PAGE 3 of 3 OFFICIAL RECORDS BOOK 2286 PAGE 1492 VFFICIAL KELUKDS BUUK 4201 PAGE yvo CERTIFICATE OF MAILING JAN 05 2011 IF HEREBY CERTIFY that a copy of the foregoing was mailed this day ofDecember, 2010, to the following: Robert S. Swaine 425 South Commerce Avenue Sebring, Florida 33870 Kalvin Berice Lindo and Gingerlee Mitchelllindo Post Office Box 1544 Sebring, FL 33871 pNblun - V nar Judicial Assistant 3 CERTIFIED IOBE A1 TRUE COPY ROBERTW. GEBNAIE, ÇHERK CERTIFIED 3Y auR aA AA .C. TO BE Al TRUE COPY ROBERT W. GERMAINE, CLERK 6ol17/2011 BY. D.C. S-5-50 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: July 1, 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 of that portion of Lakeview to smooth out the roadway. Staffis working on obtaining easements. Potential FDOT road swap of a portion of SR17 - City, County and FDOT had a preliminary meeting to discuss and will be discussing the logistics oft 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. No Update. Relocation ofl Public Works/Utilities - Contract for land purchase has closed. Purchase ofbuilding & parking lot at 126 W. Center Ave. has closed. Working on next steps. 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: July 1, 2025 PRESENTOR: Haley AGENDA ITEM#: 14A - City of Sebring Bills BACKGROUND: The bills for the July 1, 2025 meeting will be emailed to you on June 27, 2025. REQUESTED MOTION: Approve the payment ofbills as presented. COUNCIL ACTION: APPROVED DENIED Moved by: : Seconded by: DEFERRED Bishop. Carlisle Havery Kogelschatz Stewart OTHER