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HomeMy WebLinkAbout02-11-2015 CC MinutesM11 EB'ASTIA HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 11, 2015 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Reverend Dave Newhart, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Mayor Richard Gillmor. 4. ROLL CALL City Council Present: Mayor Richard Gillmor Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Jim Hill Council Member Bob McPartlan City Staff Present: City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio City Engineer/PW Director, Frank Watanabe Human Resources Manager, Cynthia Watson Police Chief, Michelle Morris Police Officer, Steven Marcinik Police Commander, John Blackledge E -Records & Information Manager, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Gillmor requested, on behalf of the City Manager, addition of New Business item 12 E for an airport lease for Hangar B. Ms. Coy moved for approval and there was no objection. Regular City Council Meeting February 11, 2015 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input of action under this heading. 15.034 A. Proclamation — African-American History Month — Accepted by Vice Mayor Jerome Adams Vice Mayor Adams and Mayor Gillmor read the Proclamation and it was accepted by Vice Mayor Adams. 15.035 B. Proclamation — Crossing Guard Appreciation Day — February 6`h — Accepted by Sebastian Crossing Guards and Supervisor/Certified Trainer Officer Steve Marcinik Mayor Gillmor read and presented the Proclamation to several of the City of Sebastian crossing guards and Police Officer Marcinik. 15.036 C. Amy Boyson, Community Affairs Manager, Waste Management, introduced Deana Ryder - Hicks, Public Affairs Manager, and Bob Delacruz, Vero Site Manager, and gave a brief presentation on planned community activities on April 18, 2015 from 9 am to noon, 1) at Riverview Park in conjunction with Sebastian's Earth Day event to include paper shredding/ recycling and electronic recycling and 2) at Barber Street Sports Complex and Schumann Park, a Community Cleanup Day to include household goods excluding white goods (see flyers with specifics attached). She said they would be advertising the events on bill inserts on March 6, 2015, an e -newsletter in April, and slides on Comcast Channel 25 with information regarding automated collection by robotic arm (see slides attached). Deanna Ryder -Hicks gave an update on the status of compressed natural gas vehicles into Sebastian, (see Power Point presentation attached), the benefits to the community, said they are working with local engineers to look at properties where infrastructure can be put into place for a fueling throughout the County, they are working with FL City Gas, and will keep everyone up to date as they progress. Mr. Adams asked her to define white goods, and she responded large household appliances such as stoves and refrigerators. Mayor Gillmor asked if we had a clause in our new franchise contract with Waste Management whereby we could provide a fueling station because we are getting gas here, and the City Manager responded that the provision provides that if Waste Management acquires the County franchise and if there is a CNG line down 512 then we will supply land, perhaps at the Airport at a fair market lease rate, and they would install a CNG station. D. Brief Announcements 2/14 & 2/15 — Sebastian Art Club Show — two day judged show 2/16 — Presidents Day — City Hall Closed Mayor Gillmor read the announcements above. Regular City Council Meeting February 11, 2015 Page Three 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — January 14, 2015 Regular Meeting B. Approval of Minutes — January 28, 2015 Regular Meeting 15.037 C. Prior Approval for Council Travel — Mayor Gillmor Attendance at FLC Advanced IEMO III — March 13-14, 2015 — Hilton Orlando/Altamonte Springs, FL (Transmittal, Registration Form) MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the consent agenda. Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 15.030 A. Mayor Gillmor read the names of the new Disabilities Advisory Committee appointed on January 28, 2014 into the record as set out above. 9. PUBLIC HEARINGS (None) 10. UNFINISHED BUSINESS 15.021 A. Unified Plan on Seawall Options (Transmittal, PowerPoint Presentation) The City Manager said he was directed at the January 14, 2015 meeting to get with the City Engineer, and come back with preliminary planning for seawalls, and since then there have been numerous brainstorming sessions and a meeting with St. Johns River Water Management, and the City Engineer has prepared a Power Point presentation. The City Engineer gave a brief presentation (see Power Point attached for reference) which included photographs representing the existing south canal locations showing some with only sloped banks, some with seawalls on only one side or both along the 6.5 miles; set out the engineering assessment process to develop a unified plan, cited need for available options both interim and long term, mitigation methods, and costs and availability of grants typically with 50% match. Ms. Coy asked if it was possible that areas with seawalls could become sloped and vice versa depending on the analysis, and Mr. Watanabe answered that is a good assessment, that there are different types of damage and the engineering assessment will highlight all the locations and come up with potential areas we need to improve, what it should look like, because in the long run it will all have to be upgraded. Regular City Council Meeting February 11, 2015 Page Four Ms. Coy noted she did not hear him say the word "rip -rap". Mr. Watanabe said you try to avoid that, that it is okay for emergency but for long term it is not the answer. The City Manager emphasized that when the northern section was done on Collier Canal, the erected walls entombed the old walls, and that required us to mitigate and we had Hardee Park to use for mitigation, but we may not have that in the southern canal areas, so the City Engineer's point was important because we are going to be required to mitigate. He said the purpose tonight is to give a preliminary assessment, and that he was seeking direction to put out an RFQ for qualified engineering firms to bid on this, come back with the bid results, and then report further on our strategy. Mayor Gillmor asked if he wanted a motion to approve $50K. The City Manager said he did not know what the cost would be and this is a best guess. MOTION by Mr. McPartlan and SECOND by Mr. Adams to approve the $50K and if it costs more bring it back. Mr. Hill said the designated fund for this is General Fund reserves so we are tapping reserves for $50K, and he was concerned about this because we have funds available in the General Fund for a stormwater and lagoon line item. He said Council was told over and over again not to tap into reserves, that we should raise taxes rather than tap into reserves. He said as a stormwater element this could be one of those projects we utilize that lagoon fund for. Ms. Coy said she was not opposed to using the General Fund reserve and would prefer not to tap into that lagoon fund because we have big lagoon projects too, that this seawall project will be huge, and we are looking at grants. Mr. Hill again reiterated his concern about using reserves when they were advised not to and there are funds to use for this in the General Fund. He said it is a worthy project but the funding source is wrong. Ms. Coy said the funds are not undesignated, projects were suggested and we already spent $50K for the septic, half of this year's lagoon fund. She said she disagreed with him but that is not always unusual. Mayor Gillmor said this is an extraordinary expense, reserves are for rainy days and that is why you have the reserve. Roll Call: Ayes: Adams, Coy, McPartlan, Gillmor Nays: Hill Passed: 4-1 15.038 B. Barber Street Traffic Campaign (Transmittal. COS PD Statement, Traffic Assessment Presentation by City Engineer) The City Engineer gave a brief Power Point presentation (see attached for reference), stating for the record that he was a licensed traffic engineer, said new 30 mph speed signs have been installed, described traffic counts, explained traffic investigation and traffic calming processes, including using speed fine signs, dummy PD vehicles, speed trailers, community outreach and education, and explained long term traffic options including traffic lights at either side of the bridge on Barber Street where there is sight obstruction with light trips, and perhaps at Tulip near the fire station, noting an approximate cost of $100K for one signal with steel pole. Regular City Council Meeting February 11, 2015 Page Five Ms. Coy asked if stop signs would work at those areas, and Mr. Watanabe responded there are programs that simulate traffic situation and best methods can be determined. Mr. McPartlan asked if we can break down speed data by the hour to help with police enforcement, and Mr. Watanabe said we can, staff has been doing some preliminary engineering and once we do an official speed study the speed limits have to be posted based on those results, which could result in higher speed limits, but in this case, based on the latest speed check it would be 32 mph, though it won't stay that way because people go back to bad habits. Mayor Gillmor said he liked the signs on the garbage cans. Chief Morris said the PD has started enforcement, she interviewed for CH 25 last week on this issue, and it will play going forward, and responded to Mr. McPartlan that there was no consistent time in the data they collected to show speeding at any pattern as to a higher speed time. In response to Mr. McPartlan the City Manager said the new speed trailers for the next budget will not have the ability to take a photo, but there are speed trailers with message boards on top. Chief Morris said the messages can be programmed any way you want them. She further said they are writing tickets. Ms. Coy said hit their wallet and the numbers add up for their insurance noting we were the speed trap in Sebastian years ago. The City Manager said he would like to pursue the idea of a traffic magistrate brought up by Mr. McPartlan, noting our special magistrate had that job in Palm Beach County and it is not a tough leap to do this. There was no objection to pursuing that. 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Linda Jereb, on behalf of the Barber Street Campaign, thanked the Police Department and Council and said they have noticed a great difference. 12. NEW BUSINESS 15.039 A. First Readina of Ordinance No. 0-15-02 — for March 11. 2015 (Transmittal, 0-15-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-253 OF CHAPTER 2, ARTICLE V. DIVISION 7. OF THE CODE OF ORDINANCES; PROVIDING FOR A REPEALER EXTENSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-15-02 by title and said this is first reading of the ordinance that would extend the Veterans Advisory Board's life for five years. (Subsequent to the meeting, the City Attorney advised the City Clerk, prior to the legal ad placement, to add "Veterans Advisory Board" in the title for reference. MOTION by Mr. Hill and SECOND by Mr. McPartlan to approve. Regular City Council Meeting February 11, 2015 Page Six Wayne Newland, Chairman of the Veterans Advisory Board, said the Board is a link between the Veterans and their needs and the City, they have been very active and accomplished much including traffic control during ceremonies which has greatly enhanced the events, have begun engineering the sewer connection project for the VFW and American Legion. He said they appreciate the progress on little things but it serves to bring their concerns to City Council and has been very successful. Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor, Adams Nays: None Passed: 5-0 15.031 B. First Reading Ordinance No. 0-15-03 - Temporary Use Permits — Schedule Second Reading and Public Hearing for March 11. 2015 (Transmittal, 0-15-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-3.2(a)(7) REGARDING PERMITTED LOCATIONS FOR TEMPORARY USES AND SPECIAL EVENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-15-03 by title. The City Manager said he had direction to bring this back, after Father Dave Newhart made a presentation to Council at the last meeting with concern, he met with Father Newhart, the City Attorney and the Mayor, and the ordinance is back before them with one sentence added to restrict temporary uses in PS districts in residential areas to non-commercial uses, and he asked them to pass on first reading. Mayor Gillmor said this will allow pumpkin patches, picnics. Ms. Coy said no commercial vendors, no outside vendors. Mr. Adams said he was pleased everyone was able to sit down and resolve this since the original ordinance did not meet the intent of what Council wanted to do. MOTION by Mr. Adams and SECOND by Ms. Coy to approve. Mayor Gillmor said his concern was that we not require permits for things that we would expect churches to do anyway, like dinner on the grounds or inviting boy scouts over for some type of minor jamboree, and we should not expect that churches in residential areas couldn't use their property for displays or things like this if its non-commercial. He said he did not want to see them get a permit for that but for something they know is going to be large like a pumpkin patch or something else, this allows them that freedom. Reverend Newhart thanked the Council for hearing the voice of many of the churches and the neighborhoods. He said they did some research and between 2010 and 2014 there have been 110 permits requested and ten of them were between two churches and there were no complaints to the police or code enforcement, which says a lot about those events. He said they have never been intrusive, thanked the City Manager, City Attorney and Mayor for meeting with him to hash it out, noting these events are beneficial for the community, and this speaks volumes to the Council that they have good ears as evidenced here tonight. He commended them for their efforts. He noted he had not seen any of them at their events and invited them to attend, and also to join them in the February 28 KIRB cleanup along the Indian River. Regular City Council Meeting February 11, 2015 Page Seven The City Attorney advised that this ordinance provides three layers of investigation and decision making being staff, then City Manager and then appeal to City Council, and Council has the last word. Roll Call: Ayes: Hill, McPartlan, Gillmor, Adams, Coy Nays: None Passed: 5-0 The City Clerk said for the record, both hearings will be on March 11 th. 15.040 C. Agreement) The City Manager recommended award of the fish house construction to Ferreira Construction in the amount of $416,990, noting we will be short by almost $5k and asked for an appropriation of $4,915 from DST funds. MOTION by Ms. Coy and SECOND by Mr. Hill to award the Working Waterfront Fisherman's Landing Marina Fish House construction contract to Ferreira Construction in the amount of $416,990 and appropriate $4,915 from DST funds. Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy, Hill Nays: None Passed: 5-0 15.041 D. Consider Funding to Participate in Indian River Lagoon Council (Transmittal, Lagoon Council News, Mayor's Letter to IRC Commission Chair Davis) Mayor Gillmor reported on his attendance at the last few IRL NEP Council meetings including today's where Indian River County officially bowed out of the Council, cited his conversations with SJRWMD representative, Doug Bourneke, Interim Director, Maurice Sterling, and Mayor Winger of Vero Beach, and the bottom line is that we need to have a representative on that Council. He noted Mr. Bourneke stated it well, that the status quo is that the counties have no control right now and this is an effort to remove the bureaucracy to a process where the five counties located around the lagoon have a majority say in how money is spent. He said the two water management districts will be contributing $500K each, DEP $250K, federal government $500K, and the five counties $250K total, for a total of $2M. He said the two objections that were brought out from Commissioner Solari were that he didn't feel SJRWMD or SFWMD or DEP should have voting members on the Council and that there was no sunset review. He said there is in fact a strong sunset review in the draft five years out, the Council can disband with a majority vote, they can disband at any time by a supermajority vote, and any individual member can opt out at any time but leave their pledged funds for that year. He said all other commissions have voted unanimously and it would be a travesty for four counties and other agencies to form a Council without Indian River County as a representative. He said he had voiced the idea to Tom Frick that Sebastian have some form of seat on the Council, and when they form without IRC he believes there is a mechanism to allow other entities to join, but it is up to the Council whether to accept us. He said we have been at the forefront with saving our lagoon but still have a lot of work to do, will spend money for the foreseeable future, and without an ear he did not see us getting any of the money. 7 Regular City Council Meeting February 11, 2015 Page Eight He said every agency will have to buy into it, citing that the Treasure Coast Council of Local Governments, on which Vice Mayor Adams sits, has attendance by representatives of the federal government and deals with lagoon issues all the time. Mr. Adams said it is a great opportunity to make contact with legislators through the aides who attend. Mayor Gillmor closed by saying he was asking a resolution or vote of confidence to seek a seat on the Lagoon Council. Mr. McPartlan asked if we would share funding and membership with Vero Beach if we were accepted. Ms. Coy asked if it is possible not to split with Vero Beach but request our own seat at the rate of $25K. Mayor Gillmor discussed the possibility of offering them office space in the old school house as in-kind. Ms. Coy suggested we first ask the Council if they will accept us as our own entity and what would it cost. Mr. McPartlan said they are going to want $50K for our seat if we want a vote. Mr. Hill said they are going to need to vote unanimously to allow Sebastian a seat, and to have same vote for not as much money doesn't make much sense. He said he thought Indian River County had some legitimate concerns and wished they could work out their issues with the board, noting some of them want to, that we do need a voice but he would like to see IRC represent us on the board. He said we should have a voice, agreed it won't happen for less than $50K, and suggested we go forth and ask them for a say and bring it back. Mayor Gillmor said as of today the full board voted to remove any reference to IRC from the document, and that he has had conversations with County Commissioners as well. Ms. Coy said looking at the players and two names mentioned on page 144 are long standing, very vocal players who she knows will not budge, especially when you have the citrus organizations involved in all of this, with long standing water issues, control issues and have been very active. Mayor Gillmor said they voted to form with at least six members and have five on board right now, St. Lucie and Brevard will vote next week, and they only need one of them and it will be formed, with the first full meeting the last week of Feb or March 4 or 11. He said if we can get a seat for $25K would Council authorize that because he would like to be at that meeting and give that pitch. He said they approached Treasure Coast Regional League of Cities and Space Coast League of Cities but they don't have that kind of money. He said this Council was crafted close to the Tampa Bay project and there are lots of cities on that Council. Mr. Hill said once we start talking money, they will lose him on that, but we can say go forward and find out what it takes to pursue our vote, and then come back and then we have something we can vote on, but he would be reluctant to just throw it out there. Ms. Coy said we are not voting on money tonight. Mr. McPartlan said we could go to the meeting and express the interest that Sebastian has on this project, hopefully the County will come around and take care of the seat, and if not maybe Vero Beach would like to join and split a seat but the thing is, we are willing to do whatever it takes to be a part of this because the return on your money is 8:1. He said if no one else wants to come on board with us, we go after our own seat for $50K. Regular City Council Meeting February 11, 2015 Page Eight Mayor Gillmor said based on conversations he has had, they are going to be receptive to having us. Ms. Coy said we have had people looking at that office space and the City Manager said yes but at the opposite end of the building. Mayor Gillmor said he thought he had his marching orders. New E. Airport Hangar B Lease — Eagle Air Transport (added to agenda during agenda modifications - see new backup attached to minutes) The City Manager said Mr. Nelson of Eagle Air Transport, which operates the planes which provide Skydive Sebastian lift services, had asked him if Hangar B is available for temporary use for work he needs to get done on his planes. He said this is a temporary two month lease effective immediately at $2500 per month net, and asked for Council approval. MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the temporary lease of Hangar B. Ms. Coy s asked if it is extendable upon request. The City Manager said paragraph C of the lease (see new backup attached to minutes) has a provision for extension with Council approval. Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mayor Adams - None B. Council Member Coy Ms. Coy reminded everyone that Barber Street speed limit is 30 mph and we are watching. C. Council Member Hill - None D. Council Member McPartlan - None E. Mayor Gillmor - None 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 8:02 p.m. Regular Meeting. ATTEST., 1<�9 DD Clerk Waste Management City of Sebastian Update February 11, 2015 THINK GREEN. Shredding Et Electronic Recycling Event • Riverview Park, in conjunction with Sebastian's Earth Day event • Saturday, April 18, 2015 • 9 a.m. - 12 Noon • Progressive Document Destruction • In 2014, 6 tons of material were shredded • WM transports E -Waste to Indian River County Landfill • In 2014, 1.98 tons of electronics were recycled • Drive-thru service for both items • Maximum of three boxes or bags per vehicle • Electronic Recycling Acceptable Items: Computers, laptops, keyboards 8 mice, scanners, printers, fax machines, stereos, radios, DVD/VCR and televisions. W - THINK GREEN. Spring Clean Up Event • Two drop-off locations: • Sebastian Barber Street Sports Complex • Schumann Drive Park • Saturday, April 18, 2015 • 9 a.m. - 12 Noon • Acceptable Items: Household Furnishings (Couch, Mattress, Dresser, Table, Chair), Lawn Furniture, Small BBQ Grills (no propane tanks), Bicycles, Solid Waste, Yard Waste and Bulk Items. • Unacceptable Items: Hazardous Waste (paint, oil, medical supplies), Automobile Parts 8: Tires, Recyclables, Construction Debris, White Goods (Refrigerator, Washer, Dryer, Dishwasher). White Gaols are collected Curbside by scheduffg a collect/an through the Waste a gement Customer SeMce Oeaarhnent WWA. THINK GREEN: Communication • Flyer • Bill Insert - March • E -Newsletter Blast - April WWII. THINKGREEN FT@ s,..+rw a [IbTbur n.claw e...e hob.cf ro. req a e..be�..! r«r�rraam�eda.d ot.n bPy. wY a puC b mu OY tl 9emfm ,aCeb Y vM,.W b ntl mie ava,6 N ,wm+W ,Wee M tl.nam w.P.m.. oma o.m.mm r a w .m . eeefbgeObm>m+mram.,.n. weamm mmea w¢rz sr.eb.le++snr, >E se.-rm Hoax Lsmvm.nsva Re/84 OY.�ma.b w• a �nnitl O.POsm a E9 pr .iY64tlm. al Vmeddmetlrcello R,mY W{mmW bsm Y! Ib Y. aa,cm. bP m.14 FYJmk MWmq mpMe Ye IAOmA bibR e9eYPe etr, nems [tlMi 1a.ae4q r.R ..Y..OMNh al W� near: smmr.laomlrtlaberatlrtlYb� 4LeammgaYPM�tlal al.Wl.Yui llaa.iM ewemnmpusvuawl aeeebmF4 YwYn rmPaYma.ran S�aN !ee W poFyx•vy W Flyer and Bill Insert Cimn aurtl,meappoardsl Gef nea mar d W ThebmeWspmytl mgh.vrrveel nose stl.Y..h++xas MFIE xeYfmmbe93ab� 1QI Btm9etl�Htla7AUPlaf tlla+ $tlume bwPak 10319vmvn Oiw RrusTrrptl sd.�b rmem:q.ureaoF�.eb mP.bowrbeaveau.Pba OvdW as 1o�tY Yee I bd�J1 F'e�.eF FSR eF'aer. Y ®. Ts. umLramlm+m.srwoaelmpu�mW Bgdry9'Y W W,YN W.YstlBa Fem u�ers.i w®r.xuey.a.(veer.�. aa.�. ran a rma nmTwue rv.eP m, wm.lme smamoaw rnmmaoPr eo Po41 mini E -Newsletter W n - THINN GHEEul Waste Management Curbside Collection Rules HOUSEHOLD GARBAGE Automated collection is a special truck equipped with a robotic arm that automatically lifts and empties the cart without the driver ever leaving the cab of the truck. Tips to Follow for Automated Collection: • Place all garbage inside the cart. Only items in the cart will be picked up. • Place cart directly at the curb with the handle away from the street. • Keep a 3 -foot distance from mailboxes or other objects • Do not park cars in front of or close to your cart • Do not overload the cart. The lid should be closed to avoid spillage AP W Waste Management Curbside Collection Rules YARD WASTE DO This NOT This Use 3 aD gallon of less container for pine needles. leaves. sinal. taigs and tree Vlnmmgs Do NOT bag Yard Waste Place branches:IllnDs Branches/limbs in m a unitwe,ed pile different directions .mdo>gethe. untied. ■ Wk. 4 Compressed Natural Gas Fleet Update Natural gas reduces diesel use by an average of 8,000 gallons per year. • Cuts annual greenhouse gas emissions by 22 metric tons. Reduces 80% of carbon monoxide and 25% carbon dioxide emissions. Currently 262 CNG trucks are servicing our residential and business customers throughout Florida 5 FREE Shredding & Electronic Recycling Event Protect Your Identity & Environment For City of Sebastian Residents ONL YF Waste Management is proud to offer City of Sebastian residents the opportunity to shred sensitive documents and responsibly recycle old electronics. Progressive Document Destruction will be on-site with a shredding truck to securely destroy documents. No businesses allowed. WHEN: Saturday, April 18, 2015 TIME: 9 a.m. — Noon WHERE: Riverview Park (Parking Lot) 600 U.S. 1, Sebastian, FL 32958 DETAILS: Drive-thru service with a maximum of three boxes or bags per vehicle. Staples and paperclips do not need to be removed, but please take documents out of binders and remove large binder clips. Electronic Recycling acceptable items: Computers, laptops, keyboards & mice, scanners, printers, fax machines, stereos, radios, DVDNCRs and televisions. EVENT: Sebastian's Earth Day Festival & Arbor Day will provide an opportunity for people to mingle with earth -friendly organizations and learn about various ways to protect our planet and enjoy nature. There will be entertainment and fun events as well. Be sure to stop by between 9a.m. and 2p.m. at Riverview Park! Cf SEB�T�A1V _- HOME OF PELICAN ISLAND Information about Spring Clean-up event on reverse side. Pp PROGRESSIVE o_ p !D(iI;A,A�IAENT n°,i IUllil iri�ll„ar °r�r,on u W WASTE MANAGEMENT CLEAN UP Clean out those cupboards! Get rid of that garage clutter! The time for spring cleaning has arrived! WHEN: Saturday, April 18, 2015 TIME: 9 a.m. — Noon WHERE: Sebastian Barber St Sports Complex 1121 Barber Street (Parking Area on Fairfield Lane) Schumann Drive Park 1096 Schumann Drive DETAILS: The City of Sebastian is partnering with Waste Management to provide drop-off locations for unwanted household items. Acceptable Items: Household Furnishings (Couch, Mattress, Dresser, Table, Chair), Lawn Furniture, Small BBQ Grills (no propane tanks), Bicycles, Solid Waste, Yard Waste and Bulk Items. Unacceptable Items: Hazardous Waste (paint, oil, medical supplies), Automobile Parts & Tires, Recyclables, Construction Debris, White Goods (Refrigerator, Washer, Dryer, Dishwasher). White Goods are collected curbside by scheduling a collection through the Waste Management Customer Service Department at (772) 569-1776. For additional information call (772) 388-8232 Information about Shredding and Electronic Recycling event on reverse side. arva HOME OF PELICAN ISLAND W., WASTE MANAGEMENT srs SEBA T" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 11 February 2015 Agenda Item Title: Temporary lease of Hangar B Recommendation: Staff recommends Council approve temporary lease of Hangar B to Eagle Air Transport. Background: On 10 February 2015, the City Manager received communication from the owner of Eagle Air Transport (Eagle). Eagle supplies aviation 'lift' services for Skydive Sebastian. Eagle is required to perform some maintenance on two (2) of its Sebastian based aircraft and wishes to lease—on a temporary basis ---Hangar B. Hangar B is the former RUD hangar and is currently vacant. The temporary lease would be for two (2) months at $2,500 per month effective immediately. If Agenda Item Requires Expenditure of Funds: Total Cost: -0- Amount Budgeted in FY 14/15: -0- Amount of Appropriation Required: -0- Fund to Be Utilized for Appropriation: n/a Administrative Services Department Review Attachments: City Manager Authorization: Date: 11 February 2015 AIRPORT LEASE THIS LEASE, made and entered into this 11 h day of February 2015, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and Eagle Air Transport (hereinafter referred to as "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties/party." This document contains fifteen (15) pages,lluus, Schedule "A." WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. RECITALS. The stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, and in accordance with the Principal Guiding Documents for Sebastian Municipal Airport, the Landlord hereby leases to the Tenant and the Tenant hereby rents from the Landlord that portion of the real property, with improvements, which is described more particularly on Schedule "A" affixed hereto and made a part hereof by reference (hereafter referred to as the "Leased Premises"). In the event that any portion of the Leased Premises is needed for actual improvements to the Airport, or any portion 1 thereof rendered unusable to Tenant, Tenant shall be released from this lease and the rental payments adjusted accordingly. Pending approval of the underlying lease by the City Council of the City Of Sebastian, and the FDOT, it is understood that Tenant shall have access to the leased premises when the Certificate of Occupancy (C.O.) for the building/hanger facility is issued to the City/Airport. It is anticipated this will take place on, or before, 1 May 2011. It is understood that Tenant's start date for rent payments on the leased premises will be upon issuance of the C.O. Tenant agrees to `hold harmless' the City Of Sebastian for any/all claims, liability, and damages resulting from activities by Tenant during move -in. The parties understand that this agreement covers the lease of new construction to be occupied by Tenant. Tenant agrees to `hold harmless' the Landlord for reasonable delays in construction that would delay Tenant occupancy of the leased premises. 3. TERM OF LEASE. The term of this Lease shall be for a period of two (2) months commencing 11 February 2015, and will end on the 10 April 2015. The Tenant shall have the option to extend the lease with agreement by the City of Sebastian. Notice of intent to exercise said option by Tenant must be received by Landlord no later than one (1) week prior to the expiration of the underlying lease. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be MONTHLY, in advance. Amount: $2,500 per month net. 5. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the primary purpose of the operation of Tenant's manufacturing business. In order to utilize the leased premises for this purpose, it may be necessary to use improvements previously constructed upon the leased premises. Tenant acknowledges that these improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 6 hereof, and shall have the right to construct improvements upon the leased premises, provided any such improvements do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such improvements are approved, in writing, by the Sebastian City Council prior to commencement of any construction. The Tenant 2 covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such improvements. (c) All improvements and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or axed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non -fixture personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at Tenant's expense. 6. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. Tenant will abide by the Principal Guiding Documents for Sebastian Municipal Airport. Tenant agrees that the leased premises shall be used by the Tenant for the purpose of the operation of an aircraft manufacturing business, to include assembly, fabrication, maintenance, flight support, and sales/service of V -Raptor, and other experimental aviation, manufactured products. Therefore, Tenant shall be recognized as a Multiple Specialized Aeronautical Service Operator as provided for in Minimum Standards Section 14 of the Principal Guiding Documents for Sebastian Municipal Airport. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All aeronautical businesses and activities must be certified and licensed by appropriate agencies, including the FAA, in the appropriate categories of their specific operation. 7. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the leased premises. The Tenant shall keep the leased premises in a good state of maintenance and repair and keep the leased premises in a clean and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises are kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 8. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, phone, internet, or any other utility or service consumed in - - - - -- - - - -4 -- connection with the leased premises. Utility charges shall be charged by the appropriate agency to Tenant by separate meter(s). The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 9. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 10. TABS. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 11. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive public liability insurance coverage with respect to the leased premises and operations thereupon. The insurance coverage to be maintained by the Tenant shall contain limits of: (a) Bodily Injury and Property Damage - $1,000,000 Combined Single Limits (b) Products and Completed Operations Liability (if applicable) — $1,000,000 Combined Single Limit. (c) Aircraft Liability — $1,000,000 Bodily Injury and Property Damage Combined Single Limit. (d) Insurance in the full replacement value of all Personal Property, Equipment, and Trade Fixtures on the Leased Premises. (e) Ground and Hangar Keeper's Liability — adequate coverage for any single aircraft in storage or care and a limit covering the total value of those aircraft but not less than $100,000 for damage to any one (1) aircraft and $500,000 per each occurrence. (f) Chemical Liability Insurance (if applicable) — minimum of $400,000 Combined Single Limit. (g) For aircraft Fueling Operations — a Comprehensive Aircraft Liability policy indicating that the coverage includes owner's fueling/defueling operations with fueling equipment owned and/or operated by the Tenant. The minimum shall be $1,000,000 Combined Single Limit for Bodily Injury and Property Damage. (h) Automobile Liability Insurance: (1) Each service provider operating one or more motor vehicles on the City's premises in the performance of their work shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $300,000 Combined Single Limit. (2) Service Providers having unescorted access to the AOA at the Sebastian Municipal Airport shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $1,000,000 Combined Single Limit. (i) Builder's Risk — during any construction on a leased site, the service provider shall furnish Builder's Risk Insurance insuring the contract price, with the City listed as the named insured. Any deductibles under the builder's risk policy shall be the responsibility of the service provider. (j) Workers' Compensation Insurance: as required by Florida Statutes. Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Of Sebastian City Council. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph shall contain a clause preventing cancellation of any coverage before thirty (3 0) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 12. PROPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance as the Landlord deems necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefore. The Landlord shall have no obligation to keep the leased premises contents insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. All. policies described in this Paragraph shall contain a -6 clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. 13. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER CASUALTY. In the event the leased premises are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said premises and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. (a) If the Tenant, under its option, elects not to repair the leased premises, either party may choose to cancel the Lease; if either party elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of such damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (b) In the event the Tenant, under its option, elects not to repair and/or replace the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the leased premises. 14. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, guests 7 and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph shall survive the termination or cancellation of the Lease. 15. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly, or indirectly, from out of, or by reason of, any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant, sub -Tenants, agents, assigns, guests, invitees, or users of leased premises or fuel farm. The presence of said substance or materials on the leased premises, or fuel farm, shall raise the presumption that Tenant is the cause of such presence. This Paragraph shall survive the termination, or cancellation, of the Lease. 16. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section 6 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 17. LANDING FEES. Landing or any other type of use of runway fees being charged by Tenant are specifically prohibited by this Agreement, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 18. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the 8 time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 19. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 20. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenant's abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; 9 - - - (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County, Florida. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof; (i) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; 0) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through j above. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give - _ -- 10 written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days from the date notice is sent by the Landlord within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days from the date notice is sent by the Landlord within which to remedy such default by paying all rent due. 21. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating, between the Landlord and the Tenant, the relationship of principal and agent, or of a partnership, or of a joint venture and the relationship between them shall be and remain only that of Landlord and Tenant. 22. NOTICES AND REPORTS. Any notice, report, statement, approval, consent, designation, demand or request to be given, and any option or election to be exercised by a party under the provisions of this Lease, shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Tenant: Eagle Air Transport c/oRookNelson 400 Airport Drive West Sebastian, FL 32958 provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 23. RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 24. REMOVAL OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, the Tenant agrees to immediately surrender possession of the premises and all facilities thereon. Tenant shall have the right to remove all personal property owned by the Tenant provided any damages in removal are repaired by the Tenant at Tenant's sole cost. Any personal property not removed within thirty (30) days shall be presumed abandoned. The cost of removing any such abandoned property that the City deems unusable shall be indemnified to Landlord by Tenant. 25. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight - - - 12 in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 26. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 27. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 28. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest --13 hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 29. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 30. APPLICABLE LAWNENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. THE PARTIES HEREBY WAIVE THE RIGHT OF TRIAL BY JURY OF ANY ISSUES SO TRIABLE. 31. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorney fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 32. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 33. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver 14 appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: CITY OF SEBASTIAN A Municipal Corporation Sally Maio, City Clerk, MMC Joe Griffin, City Manager Approved as to Form and Legality for Eagle Air Transport Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney - - - - ---- 15 Rook Nelson Schedule "A" Lease Agreement between the City Of Sebastian and Eagle Air Transport Concerning Hanger/Manufacturing Operations 1. The City Of Sebastian shall lease to Eagle Air Transport a 15,000 square foot (more or less) hanger/manufacturing facility located at the Sebastian Municipal Airport, adjacent to the Airport Administration Building. It is understood that the hanger facility shall be used in conjunction with the aviation operations of Eagle Air Transport. The City Of Sebastian retains ownership of the hanger facility throughout the term of the lease. 2. The lease rate shall be at a rate as described in section 4 of the lease agreement. 3. It is understood that Eagle Air Transport will provide adequate insurance on all aspects relating to its aviation operations. Insurance coverages are described in the Guiding Documents for the Sebastian Municipal Airport. In addition, Eagle air Transport, will provide adequate liability and interior property damage insurance coverage on the city -owned hanger facility. 4. Eagle Air Transport will hold harmless the City Of Sebastian, or the Sebastian Municipal Airport, its employees, agents, invitees, guests, or assigns, of any claim or liability relating to V -Raptor LLC's hangerlmanufacturing operation.