HomeMy WebLinkAboutFey Sand Mine, Resolution #R-95-091'r-
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City of Sebastian 5�
1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 �
TELEPHONE (561) 589-5330 ❑ FAX (561) 589-2566 -- �-�
MEMORANDUM
DATE: October 5, 1999
TO: Terrence Moore, City Manager
FROM: Tracy E. Hass, Growth Management Director---/Tp---
SUBJECT: Request for return of bond monies for Fey's Sandmine
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In response to Richard Fey's letter dated September 30, 1999 to Mayor Chuck Neuberger, I have
prepared the following explanation concerning the City's position.
On November 21 1996, former Community Development Director, Bob Massarelli, sent Richard
Fey a letter outlining four violations that had to be remedied prior to the City releasing the
compliance and restoration bonds. One of the conditions outlined the average excavation
elevation was greater than the approved 25 feet msl. Mr. Fey responded on November 8, 1996
with a letter stating his intentions were to "spread the remaining fill from the front section
throughout the property to correct any low-lying areas that may exist and then have the property
resurveyed".
On February 5, 1997, Mr. Fey wrote a letter explaining his wishes to not renew the sandmining
operation and request for release of bond monies. Another year lapsed and the City still was not
in receipt of the required site survey depicting proper compliance and restoration had occurred.
On March 19, 1998, Bob Massarelli sent a memo to former City Manager, Thomas Frame,
explaining staffs' position for not releasing said bonds. The memo reiterated that the surveys of
January 12, 1996 and January 22, 1996 indicated some areas had been excavated below the
approved 25 feet msl elevation. On June 12, 1998, Thomas Frame sent a letter to Richard Fey
explaining the slopes still did not meet the minimum 3:1 ratio as established by code requirements.
In a statement in which I cannot agree, Mr. Frame wrote, "there were some small areas that
appeared to be less than 25 feet msl". This issue does not seem to be significant, but the required
slopes need to be met before release of the bond. The areas below 25 feet msl are in direct
violation of Section 20A -5.30(c)(4) of the Land Development Code which states that a no
excavation governed by a mining permit shall result in an average elevation of less than twenty-
five (25) feet msl for a project located on the sand ridge, as this project is.
On March 24, 19992 I received a letter from Mrs. Fey requesting my authorization to release the
restoration bond. I again reiterated to Mrs. Fey that the City cannot release the bond until a
survey is provided showing an elevation of no less than 25 feet msl and that all slopes were the
appropriate 3:1 ratio with proper seed and mulch for stabilization. I am not prepared to authorize
release of said bond until proper certification has been received.
The most recent letter from Mr. Fey dated September 30, 1999 states the City released a bond
after the current topography of the property was established at 25 feet msl. This is incorrect in
that the bond that was released was the compliance bond that insures compliance with code
conditions. The restoration bond has not been released because there still isn't any evidence that
the property meets the elevation and slope requirements.
Additionally, the letter states the City cannot locate the paperwork submitted to Mr. Massarelli.
The paperwork in question does not have any bearing on the release of the bonds. The survey
submitted to Mr. Massarelli and Mr. Frame indicated that the property was in violation.
Furthermore, all violations had to be remedied and the property resurveyed prior to release of the
restoration bond. We still are not in receipt of the proper surveys.
cc: Mayor and Council
City Clerk
City Attorney
Attachments
2/22/95 Resolution No. R-95-09 adopted which grants a special use permit
to Richard Fey for sandmining on eleven acres — term for one year from date of
adoption — required a surety bond or cashier's check in the amount of $11,070 to
ensure compliance with conditions of permit and an additional $5,630 surety
bond or cashier's check for restoration when operation terminates along with a
memorandum of understanding to Director of Community Development
1/26/96 Letter from Richard Fey to City Manager Joel Koford stating he is in
compliance with R-95-09 and stating unless he hears otherwise from City he will
proceed with sandmining
1/29/96 Two separate letters from Richard Fey to City Manager Joel Koford
enclosing Certificate Number 200779 and 200780 (see description below)
Time Certificate of Deposit # 200779 from Citrus Bank, N.A. Sebastian in the
amount of $11,070.00 and Time Certificate of Deposit # 200780 from Citrus
Bank, N.A. Sebastian in the amount of $5,630.00 — both dated 1/24/96 received
and filed by the City of Sebastian — maturity date of both is 1/24/97
2/1/96 — Fax Transmittal from City Clerk Kay O'Halloran to City Attorney Cliff
McClelland re: Fey sandmine and attached letter from McClelland to Attorney
Bruce Barkett regarding form of bond whereby CD would give the City right to
cash upon notice to Mr. Fey — CD provided has no such signatory — escrow
agreement is a possibility
Citrus Bank signature cards with City Manager Thomas Frame signature as
authorized individual — he was hired after Koford in 1996
1/29/96 Attorney Barkett letter to Building Official George Bonacci about
cease and desist order Mr. Bonacci imposed
2/8/96 City Manager Koford memo to City Clerk O'Halloran with attached
Time Certificate of Deposits - # 200779 and #200780 attached for filing
11/2/96 Community Development Director Massarelli letter to Richard Fey —
receipt of survey to meet requirements but references R-96-24 special use permit
11/8/96 Richard Fey letter to City of Sebastian requesting 15 days to
respond to Massarelli letter four conditions
11/13/96 Richard Fey letter to City of Sebastian — retained surveyor — to be
completed before expiration of R-95-09 special use permit for sandmining
2/5/97 Richard Fey letter to Dorri Bosworth — materials stockpiled on site
but no more sandmining to be done — please release bond — ready to proceed
with mulching
5/1/97 City Manager Frame memo to City Clerk O'Halloran memo cc to
Massarelli, Community Development — notification from Mr. Fey that sandmine
operation is completed and directing release of $11,070 bond to Mr. Fey but not
to release the $5,360 restoration bond at this time
Second copy of that memo with notation and signature by Jodi R. Fey that she is
in receipt of the CD # 200779 ($11,070)
3/19/98 Community Development Director Massarelli memo to City
Manager Frame — to release the bond — Fey needs to submit signed and sealed
survey showing compliance with restoration plan and site has not been
excavated below 25.0 elevation, seeded, and side slopes do not exceed 3:1
slope
6/12198 City Manager Frame letter to Mr. Fey — certain conditions need to
be met before release of the restoration bond
3/24/99 Jodi Fey letter to Growth Manager Director Hass — funds held in CD
at Citrus Bank — City Clerk O'Halloran needs approval from you to release bond
9/30/99 Richard Fey letter to Mayor Neuberger — City is holding back bond
money due to Richard Fey and LI Tree Service — file is missing and cannot get
copies of missing required topography
10/5/99 Growth Management Director Hass memo to City Manager Moore
— explanation of whole process and final determination that bond cannot be
released until City is in receipt of proper surveys
2/15/2000 Fey Letter (not dated but stamped in) received by City Clerk
O'Halloran — requesting release of CD
2/23/2000 Agenda Transmittal — City Manager Terrence Moore to Council
requesting authorization to release bond to Mr. Fey
2/25/2000 City Clerk O'Halloran letter to Mr. Fey — Council direction not to
release the sandmining restoration bond
We still have CD 200780 original (amount $5,630)
144
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. Financial Institution: CITRUS BANK, N.A., SEBASTIAN
Number: 200780
Account Name: CITY OF SEBASTIAN SSN/TIN: 06-1541367
Account Number
Issue Date
Deposit Amount
Term
Maturity Date
200780
January 24, 1996
$5,630.00
12 Months
January 24, 1997
Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 5.0896 with an
annual percentage yield of 5.16%.
The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until January 24,
1997. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded quarterly
and will be credited to the account quarterly. Interest on your account will be credited by adding the interest to the principal.
If you withdraw funds prior to maturity, your interest rate for the entire balance will be for the tier that applies to the resulting balance.
Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to
the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each
day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 (or 366 in leap year)
for each day in the year. You must maintain a minimum balance of $1000.00 to obtain the disclosed annual percentage yield.
Limitations: You must deposit $1,000.00 to open this account. You may not make additional deposits into this account. You may not deposit
more than $1,000,000.00 to this account. As defined by account type.
Time Account Information: Your account will mature on January 24, 1997. We reserve the right to redeem the account . If you withdraw any
of the principal before the maturity date we may impose a penalty of Certificates with maturities of one year or less will be subject to 30 day's
interest penalty. Certificates with maturities of more than 12 months will be subject to 90 day's interest penalty. If you close the account before
interest is credited, you will not receive the accrued interest. The annual percentage yield assumes interest will remain on deposit until maturity.
A withdrawal will reduce earnings. This account will automatically renew. You will have 10 days. after the maturity date to withdraw funds
without penalty.
Account Fees: There is no service charge is certificate is left through maturity. The following fees apply to this account: Stop Payment —
$20.00: Will be charged upon customer completing a stop payment authorization at the bank; Overdraft Fee(s)/NSF — $25.00 each: Any item
appearing on the daily Deficit Balance Report will be charged regardless of whether a customer makes a deposit that day; Return Check(s)
deposited will be charged at $4.00 each: Your account will be debited for the return item; Special statements — $3.00: This charge is per
statement, per request; Account research or checkbook balancing is available. The charge for this service is $25.00 per hour: There is a
minirnum charge of one hour for account research; Photocopy of an item: $3.00 per page; Removal of an item from files: $3.00 each; Fax of an
iten.: $3.00 each; Dormant Accounts: $5.00 per statement cycle; Foreign Drafts: $25.00 each; Cashier's Check: $3.00 each (customer); Money
Order: $1.50 each (customer); Incoming Wires: $7.00 each (customer); Outgoing Wires: $14.00 each (customer); Foreign Wires: $45.00 each
(customer); Traveler's Checks: $1.00 per $100 purchased; Outgoing Collections: $10.00 (customer only); Incoming Collections: $5.00
(customer only); Outgoing Coupon Collections: $10.00 (customer); and Credit reporting: The undersigned also agree(s) to authorize Citrus
Bank to verify and exchange their credit and account information through credit reporting agencies.
Member
Signature an a of Authorized F cial I itution gner
NON TRANSFERABLE - NON NEGOTIABLE
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TIME CERTIFICATE OF DEPOSIT AGREEMENT - CERTIFICATE 12 TO 23 MONTHS
We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that
are specific to your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the
Deposit Amount indicated, and has agreed to keep the funds on deposit until the Maturity Date. As used in this Agreement, the words "you", "your" or
"yours" mean the Account Holder(s), the word "Account" means this Time Deposit Account and the word "Agreement" means this Time Certificate of
r Deposit Agreement, and the words "we", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of
the date we receive credit fol noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of
foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records.
ISSUE DATE. If you open a time certificate of deposit account with us after 2:00 PM on a business day that we are open, we will consider that the
transaction was made at the opening of the next business day for issue date and effective date purposes.
1 INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is
I based upon the Interest accrual basis described above.
E AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above, the principal amount and all paid earned interest that
has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original deposit term. Interest on
renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw
funds from your Account, you must notify us during the grace period after the Maturity Date.
EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or
I part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if
granted, the penalty as specified above will apply.
i Minimum Required Penalty. The Minimum Required Penalty is equal to seven (7) days' simple interest. If an amount in excess of the
I Minimum Required Penalty is specified, the early withdrawal penalty will be calculated as a forfeiture of part of the accrued interest that has or would
I be earned on the Account. If your Account has notet earned enough interest so that the penalty can be deducted from earned interest, or if the
I Interest already has beer, paid, the difference will be deducted from the principal amount of your Account.
Exceptions. We may allow the withdrawal of all or part of your Account before the Maturity Date without imposing an early withdrawal penalty
E In the following circumstances: (1) one or more of you dies or is determined legally incompetent by a court or other administrative body of competent
jurisdiction; (2) where the Account Is an Individual Retirement Account (IRA) and any portion is paid within seven (7) days after establishment; or
where the Account Is a Keogh Plan (Keogh), provided that you forfeit an amount at least equal to the Interest earned on the amount withdrawn; or
where the Account is an IRA or Keogh and you attain age 59 1/2 or become disabled; or (3) within an applicable grace period (if any).
I Page 1 of 2
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RIGHT OF OFF. Subject to ap able law, we m exercise ou ht of setoff a 'nst this and a and all of yo�ccocuo
ts ceptIR Keogh
plan and Trust unts) without notic , or any Iiabilit ebt of any ou, whether ' t or individu , hether dintinge wheth ow
or hereafter existing, hether arising r overdrafts, en ements, g ntees, loans, they obligati
OTHER ACCOUNT RULES. a following rules also apply to the Account.
Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close
your Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us
harmless from liability, prior to our honoring your withdrawal or request.
Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that
we may hold the funds in your Account until we have received all required documentation and instructions.
Indemnity. If you, ask us to follow instructions that we believe might expose us to any claim, liability or damages, we may refuse to follow your
instructions or may require a bond or other protection, including your agreement to indemnify us.
Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations
secured by your Account are satisfied.
SURRENDER OF TIME CERTIFICATE OF DEPOSIT
CD # 200780
This certificate is hereby surrendered. Date:
Number of Signers Required: Any one (1) of the Authorized Signers(s) shown below.
ACCOUNT HOLDER:
CITY OF SEBASTIAN
The City Manager of the City of Sebastian is the Authorized Si;go,g;:
on this certificate of deposit. The City Manager is authorized to
endorse and surrender this agreement to withdraw r transfer of close
this account, or the funds held therein.
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Page 2 of 2
DEPOSIT PRO, Roy. U.S. Pat. i T.M. OFF., Ver. 7.04c (c) 1996 CFI ProSorvicos. Inc. An Rights Rasarvad. FL - 1.760
CITRUS BANK, NATIONAL ASSOCIATION
VERO BEACH — The branch network and substantially all the deposits of Vero
Beach -based Citrus Bank have been sold to 1st United Bank, the subsidiary of
Boca Raton -based 1st United Bancorp, Inc.
The purchase price is estimated at $7 million cash.
"I firmly believe this transaction is in the best interest of our customers, our
employees and our shareholders," said Rick Nisbeth, president and CEO of
Citrus Bank.
Citrus Bank is the wholly-owned subsidiary of Citrus Financial Services, Inc.
which is owned by CIB Marine Bancshares, Inc.
At December 31, Citrus Bank had approximately $125 million in assets, $71
million in loans and $103 million in deposits. The bank has locations in Vero
Beach, Sebastian, Barefoot Bay, Boca Raton, North Miami Beach, and Coral
Gables.
As terms of the deal, 1st United Bank will acquire approximately $45 million in
loans, substantially all the deposits, each of the owned branches and assume the
leases of the other locations.
The deal, subject to regulatory approval, is expected to be completed in the third
quarter of this year.
As of Dec. 31, 1st United had assets of approximately $560 million, loans of $450
million, deposits of $403 million and capital of approximately $81 million.
RESOLUTION NO. 95-09
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT AND MINING
PERMIT TO RICHARD FEY FOR SAND MINING ON APPROXIMATELY 11
ACRES OF LAND; FINDING THE USE IS NOT DETRIMENTAL TO THE
PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH
THE PURPOSE AND INTENT OF THE INDUSTRIAL DISTRICT;
FURNISHING CONDITIONS; PROVIDING AN EXCEPTION TO THE 150
FOOT SET BACK; MODIFYING CONDITION NUMBER EIGHT IN THE
TREE RECYCLING AND MULCHING RESOLUTION ON THE PROPERTY BY
DELETING THE PROHIBITION ON SAND MINING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Richard Fey had made application for a special use
permit to construct and operate a sand mining facility; and
WHEREAS, the Planning & Zoning Commission held a public
hearing on December 15, 1994, on such special use permit and mining
permit recommended approval of the special use permit and mining
permit; and
WHEREAS, the City Council of the City of Sebastian, Florida
has fully considered the permit application and the evidence
presented on the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follOwS:
SECTION 1. FINDINGS OF FACT. The City Council, after
considering the evidence presented at the hearing, finds as
follows:
(1) Granting a special use permit will not be detrimental to
the public safety, health or welfare, or be injurious to
other property improvements within the immediate vicinity
1
of which the property is located for a period of one (1)
year from the date of this resolution; and
(2) The use requested is consistent with the purpose and
intent of the respective industrial district, can be
demonstrated to be similar in nature and compatible with
the uses allowed in such district for a period of one (1)
year from the date of this Resolution.
SECTION 2. APPROVAL: The City of Sebastian hereby approves
a special use permit and mining permit for Richard Fey to operate
a sand mining use on approximate 11.07 acres of land as described
on the attached legal description and numbered as Exhibit "l." The
land is located within an industrial district and the subject
property address is Old Dixie Highway. The permit is for a one (1)
year period commencing on the date of this Resolution and
terminating one (1) year from the date of adoption of this
Resolution.
SECTION 2 _. ENGINEERING DRAWINGS: Drawings with sheets one
through five (Engineering Drawings) prepared by R. Wayne Westerman,
Jr., P.E., dated August, 1994, Project Number 48--9402, were filed
with the City for the mining permit. The City of Sebastian under
Section 20A-5.30 hereby approves the permit application as follows:
Mining Plan:
(1) Plan review and cross-sections: Plans as shown on pages
1 and 2 and cross-sections as shown on pages 3, 4 and 5
of the Engineering Drawings.
(2) Amount of fill to be removed: 37,978 cubic yards.
2
(3) Time table of mining activity: One (1) year.
(4) Method of mining: Front end loaders and backhoes. No
crushing, mixing plant or bins shall be used at the site.
No hard rock mining shall be done unless specifically
approved by the City of Sebastian.
(5) Hours of operation: The hours of mining operation shall
be limited to 7:00 A.M. until 5:00 P.M., on Monday
through Friday and 9:00 A.M. until 4:00 P.M. on Saturday.
No operations shall be conducted on Sunday.
(6) Safety and security plan: The landowner shall submit a
written safety and security plan to the Community
Development Director for his approval prior to
commencement of the sand mining operation.
Restoration plan:
(1) The Engineering Drawings included a restoration plan on
page 2 which shows the finished grade and the future land
use as a small mulching operation. The landowner shall
complete the restoration plan for the finished grade
prior to the expiration of this permit.
SECTION 4s, ADDITIONAL CONDITIONS: The landowner, in order to
conduct the special use of sand mining on the property described in
this Resolution and obtain the mining permit must comply with
conditions as follows:
(1) The landowner shall provide and maintain screening from
the sand mining operation to adjacent residential
properties in accordance with Section 20A -5.30(c)(5) of
3
i
the Land Developlent Code. The landowner shall
reestablish the existing berm to prevent access. The
berm shall be 8 foot high and 50 feet in length on the
west side of the property as part of landowner's
screening of adjacent properties.
(2) The landowner shall deliver written authorization
permitting the sand mining operation on this property
from the U.S. Fish and Wildlife Services to the Community
Development Director prior to the commencement of its
operation.
(3) No motor vehicle shall be allowed to enter or exit on
this property from Georgia Boulevard.
(4) The landowner shall not permit stockpiling of any sand
from the operation of this facility to exceed the highest
point (32 feet mean sea level) in the mining area shown
on the topographic survey (page 2 of the Engineering
Drawings).
(5) The landowner shall use Dixie Highway as its access route
to the site. The landowner shall obtain approval from
Indian River County to have access to Old Dixie Highway
to conduct a sandmining operation.
(6) The landowner shall provide a surety bond or a cashier's
check in the amount of $11,070.00 to the City of
Sebastian to ensure the compliance with the conditions of
this permit, and an additional surety bond or cashier's
check in the amount of $5,630.00 to the City of Sebastian
4
for restoration of the project area when the mining
operation terminates. The surety bonds or cashier's
checks shall be provided with a memorandum of
understanding to the Director of Community Development
prior to the commencement of the sand mining operation.
(7) The landowner shall install permanent project boundary
corners, with intermediate stakes at a minimum interval '
of three hundred (300) feet, and all limits of excavation
shall be staked, marked and maintained with visible flags
in the field, in accordance with the Engineering
Drawings.
(8) The landowner shall submit, on or before October 1, 1995,
a written report in accordance with Section 20A -
5.30(d) (4 ) of the Land Development Code of the City of
Sebastian.
(9) The landowner in the operation of the sand mining
facility shall be bound by the conditions of this
Resolution and the Engineering Drawings as modified by
this Resolution.
SECTION 6s. EXCEPTION: The City of Sebastian hereby grants an
exception to the 150 foot setback requirement under Section 20A -
5.03(c)(2) of the Land Development Code as the sand mining
operation will not lower the elevation of the ground below the
neighboring property.
SECTION 7. MODIFICATION OF SPECIAL USE CONDITIONS FOR
MULCHING: The City of Sebastian hereby modifies condition number
5
i
8 in the Resolution approving a special use permit to operate a
tree recycling and mulching facility on this property. Condition
number 8 is modified to delete the prohibition against sand mining.
All other terms and conditions of condition number 8 shall remain
in full force and effect.
SECTION A. SEVERABILITY: If any section or part of a section
of this Resolution is declared invalid or unconstitutional, the
validity, force and effect of any other section or part of a
section of this Resolution shall not thereby be affected or
impaired unless it clearly appears that such other section or part
of a section of this Resolution is wholly or necessarily dependent
upon the section or part of a section so held to be invalid or
unconstitutional.
SECTION CONFLICTS: All Resolutions or parts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SECTION lo._ EFFECTIVE DATE: This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was- moved for adoption by
Councilmember .�?�Lz . The motion was seconded
by Councilmember i and, upon being put
into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
6
The Mayor thereupon declared this Resolution duly passed and
adopted this day of1995.
CITY OF SEB'ASTIAN,, FLORIDA
By: .�
Arthur L. Firtion, Mayor
ATTEST:
- Kathryn . O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, r.
City Attorney
7
TIME CERTIFICATE OF DEPOSIT
Financial Institution: CITRUS BANK, N.A., SEBASTIAN
Number: 200779
Account Name: CITY OF SEBASTIAN ESCROW FOR RICHARD FEY SSN/TIN: 06-1541367
Account Number
Issue Date
Deposit Amount
Term
Maturity Date
200779
January 24, 1996
$119070.00
12 Months
January 24, 1997
Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 5.10% with an
annual percentage yield of 5.18%.
The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until January 24,
1997. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded quarterly
and will be credited to the account quarterly. Interest on your account will be credited by adding the interest to the principal.
If you withdraw funds prior to maturity, your interest rate for the entire balance will be for the tier that applies to the resulting balance.
Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to
the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each
day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 (or 366 in leap year)
for each day in the year. You must maintain a minimum balance of $1000.00 to obtain the disclosed annual percentage yield.
Limitations: You must deposit $1,000.00 to open this account. You may not make additional deposits into this account. You may not deposit
more than $1,000,000.00 to this account. As defined by account type.
Time Account Information: Your account will mature on January 24, 1997. We reserve the right to redeem the account . If you withdraw any
of the prt cipal before the maturity date we may impose a penalty of Certificates with maturities of one year or less will be subject to 30 day's
interest penalty. Certificates with maturities of more than 12 months will be subject to 90 day's interest penalty. If you dose the account before
interest is credited, you will not receive the accrued interest. The annual percentage yield assumes interest will remain on deposit until maturity.
A withdrawal will reduce earnings. This account will automatically renew. You will have 10 days. after the maturity date to withdraw funds
without penalty.
Account Fees: There is no service charge is certificate is left through maturity. The following fees apply to this account: Stop Payment —
S20.00: Will be charged upon customer completing a stop payment authorization at the bank; Overdraft Fee(s)/NSF — $25.00 each: Any item
appearing on the daily Deficit Balance Report will be charged regardless of whether a customer makes a deposit that day; Return Check(s)
deposited will be charged at $4.00 each: Your account will be debited for the return item; Special statements — $3.00: This charge is per
statement, per request; Account .research or checkbook balancing is available. The charge for this service is $25.00 per hour: There is a
minimum charge of one hour for account research; Photocopy of an item: $3.00 per page; Removal of an item from files: $3.00 each; Fax of an
item: S3.00 each; Dormant Accounts: $5.00 per statement cycle; Foreign Drafts: $25.00 each; Cashier's Check: $3.00 each (customer); Money
Order: $1.50 each (customer); Incoming Wires: $7.00 each (customer); Outgoing Wires: $14.00 each (customer); Foreign Wires: $45.00 each
(customer); Traveler's Checks: $1.00 per $100 purchased; Outgoing Collections: $10.00 (customer only); Incoming Collections: $5.00
;customer only); Outgoing Coupon Collections: $10.00 (customer); and Credit reporting: The undersigned also agree(s) to authorize Citrus
Bank to verity and exchange their credit and account information through credit reporting agencies.
Member
Signal and Title of Authorized Ft Signer
NON TRANSFERABLE - NON NEGOTIABLE
FDIC
TIME CERTIFICATE OF DEPOSIT AGREEMENT - CERTIFICATE 12 TO 23 MONTHS
We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that
are specific to our Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the
Deposit Amountyindicated, and has aggreed to keep the funds on deposit until the Maturity Date. As used in this Agreement, the words "you", our" or
"yours" mean the Account Holder(s), the word "Account" means this Time Deposit Account and the word "Agreement" means this Time Cern tate of
Deposit Agreement, and the words "we", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of
the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of
j foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records.
IISSUE DATE. If you open a time certificate of deposit account with us after 2:00 PM on a business day that we are open, we will consider that the
transaction was made at the opening of the next business day for issue date and effective date purposes.
INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is
! based upon the interest accrual basis described above.
AUTOMATIC RENEWAL POLI C i . If the Account will automatically reiie as described Above, the principal amount and all raid earned interest that
' has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original deposit term. Interest on
fI renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. deposit
wish to withdraw
! funds from your Account, you must notify us during the grace period after the Maturity Date.
EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or
part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if
granted, the penalty as specified above will apply.
Minimum Required Penalty. The Minimum Required Penalty is equal to seven (7) days' simple interest. If an amount in excess of the
Minimum Required Penalty is specified, the early withdrawal penalty will be calculated as a forfeiture of part of the accrued interest that has or would
be earned on the Account. If your Account has not yet earned enough interest so that the penalty can be deducted from earned interest, or if the
interest already has been paid, the difference will be deducted from the principal amount of your Account.
Exceptions. We may allow the withdrawal of all or part of your Account before the Maturity Date without imposing an early withdrawal penalty
in the following circumstances: (1) one or more of you dies or is determined legally incompetent by a court or other administrative body of competent
jurisdiction; (2) where the Account is an Individual Retirement Account (IRA) and any portion is paid within seven (7) days after establishment; or
where the Account is a Keogh Plan (Keogh), provided that you forfeit an amount at least equal to the interest earned on the amount withdrawn; or
where the Account is an IRA or Keogh and you attain age 59 1/2 or become disabled; or (3) within an applicable grace period (if any).
Pae 1 of 2
\ DEPOSIT PRC R.•.I U.S- Fal. a T.7A. Cw. Ver. 7.041 ;C I39u .FI ProServreti. Inc. All Rignis Reserved. FL • 1760
RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff against this and any and all of your Accounts (except IRA, Keogh
plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether now
or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, or other obligations.
OTHER ACCOUNT RULES. The following rules also apply to the Account.
Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close
your Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us
harmless from liability, prior to our honoring your withdrawal or request.
Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that
we may hold the funds in your Account until we have received all required documentation and instructions.
Indemnity. If you ask us to follow instructions that we believe might expose us to any claim, liability or damages, we may refuse to follow your
instructions or may require a bond or other protection, including your agreement to indemnity us.
Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations
secured by your Account are satisfied.
SURRENDER OF TIME CERTIFICATE OF DEPOSIT
CD # 200779
This certificate is hereby surrendered. Date:
Number of Signers Required: Any one (1) of the Authorized Signers(s) shown below. I
ACCOUNT HOLDER:
CITY OF SEBASTIAN ESCROW FOR RICHARD FEY
By:
RICHARD R FEY, President
i
Pace 2 of
DEPOSIT PRO. Rog. U.S. Psi. t T.M. OFF.. Vo►. 7.040 (e) 1096 CFI Pro9srvless. Inc. All Rights Rsssrvo0. FL - 1.760
CITRUS BANK, NATIONAL ASSOCIATION
111NIE CERTIFICATE OF DEPOSIT
Financial Institution: CITRUS BANK, N.A., SEBASTIAN
Number: 200780
Account Name: CITY OF SEBASTIAN ESCROW FOR RICHARD FEY SSN/TIN: 06-1541367
Account Number
Issue Date
Deposit Amount
Terns
Maturity Date
200780
January 24, 1996
$59630.00
12 Months
January 24, 1997
Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 5.08% with an
annual percentage yield of 5.16%.
The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until January 24,
1997. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded quarterly
and will be credited to the account quarterly. Interest on your account will be credited by adding the interest to the principal.
If you withdraw funds prior to maturity, your interest rate for the entire balance will be for the tier that applies to the resulting balance.
Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to
the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each
day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 (or 366 in leap year)
for each day in the year. You must maintain a minimum balance of $1000.00 to obtain the disclosed annual percentage yield.
Limitations: You must deposit $1,000.00 to open this account. You may not make additional deposits into this account. You may not deposit
more than $1,000,000.00 to this account. As defined by account type.
Time Account Information: Your account will mature on January 24, 1997. We reserve the right to redeem the account . If you withdraw any
of the principal before the maturity date we may impose a penalty of Certificates with maturities of one year or less will be subject to 30 day's
interest penalty. Certificates with maturities of more than 12 months will be subject to 90 day's interest penalty. If you close the account before
interest is credited, you will not receive the accrued interest. The annual percentage yield assumes interest will remain on deposit until maturity.
A withdrawal will reduce earnings. This account will automatically renew. You will have 10 days. after the maturity date to withdraw funds
without penalty.
Account Fees: There is no service charge is certificate is left through maturity. The following fees apply to this account: Stop Payment —
$20.00: Will be charged upon customer completing a stop payment authorization at the bank; Overdraft Fee(s)/NSF — $25.00 each: Any item
appearing on the daily Deficit Balance Report will be charged regardless of whether a customer makes a deposit that day; Return Check(s)
deposited will be charged at $4.00 each: Your account will be debited for the return item; Special statements — $3.00: This charge is per
statement, per request; Account *research or checkbook balancing is available. The charge for this service is $25.00 per hour. There is a
minimum charge of one hour for account research; Photocopy of an item: $3.00 per page; Removal of an item from files: $3.00 each; Fax of an
item: $3.00 each; Dormant Accounts: $5.00 per statement cycle; Foreign Drafts: $25.00 each; Cashier's Check: $3.00 each (customer); Money
Order: $1.50 each (customer); incoming Wires: $7.00 each (customer); Outgoing Wires: $14.00 each (customer); Foreign Wires: $45.00 each
(customer); Traveler's Checks: $1.00 per $100 purchased; Outgoing Collections: $10.00 (customer only); Incoming Collections: $5.00
(customer only); Outgoing Coupon Collections: $10.00 (customer); and Credit reporting: The undersigned also agree(s) to authorize Citrus
Bank to verify and exchange their credit and account information through credit reporting agencies.
Member
Signal anaTitle of Authorized Fi ial tnstitut'on Signer
NON TRANSFERABLE —NON NEGOTIABLE
FDIC
!U�
TIME CERTIFICATE OF DEPOSIT AGREEMENT — CERTIFICATE 12 TO 23 MONTHS
We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that
are specific to your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the
Deposit Amount indicated, and has agreed to keep the funds on deposit until the Maturity Date. As used in this Agreement, the words "you", "your" or
"yours" mean the Account Holder(s), the word "Account" means this Time Deposit Account and the word "Agreement" means this Time Certificate of
Deposit Agreement, and the words "we", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of
the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of
foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records.
ISSUE DATE. If you open a time certificate of deposit account with us after 2..00 PM on a business day that we are open, we will consider that the
transaction was made at the opening of the next business day for issue date and effective date purposes.
INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is
based upon the interest accrual basis described above.
AUTOMATIC RENEWAL POLICY. it the Account will automaticaiiy renew as descnbed above, the principal amount and aii paid earned interest that
has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original depposit term. Interest on
renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw
funds from your Account, you must notify us during the grace period after the Maturity Date.
EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or
part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if
granted, the penalty as specified above will apply.
Minimum Required Penalty. The Minimum Required Penalty is equal to seven (7) days' simple interest. If an amount in excess of the
Minimum Required Penalty is specified, the early withdrawal penalty will be calculated as a forfeiture of part of the accrued interest that has or would
be earned on the Account. If your Account has not yet earned enough interest so that the penalty can be deducted from earned interest, or if the
interest already has been paid, the difference will be deducted from the principal amount of your Account.
Exceptions. We may allow the withdrawal of all or part of your Account before the Maturity Date without imposing an early withdrawal penalty
in the following circumstances: (1) one or more of you dies or is determined legally incompetent by a court or other administrative body of competent
jurisdiction; (2) where the Account is an Individual Retirement Account (IRA) and any portion is paid within seven (7) days after establishment; or
where the Account is a Keogh Plan (Keogh), provided that you forfeit an amount at least equal to the interest earned on the amount withdrawn; or
where the Account is an IRA or Keogh and you attain age 59 1/2 or become disabled; or (3) within an applicable grace period (if any).
!
s ;RIA •2^+ - a.v t2 i2
Page 1 of 2 I
OEPOSIT PRO. Reg, U.S. Pat. * T.M. OFF.. Ver. 7.04C (Cl 1996 CFI PrOServices. Inc. Ail Rights Reserved. FL - L760
CURTIS ICCC
RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff against this and any and all of your Accounts (except IRA. Keogh ;
plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether now
or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, or other obligations.
OTHER ACCOUNT RULES. The following rules also apply to the Account.
Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close
your Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us
harmless from liability, prior to our honoring your withdrawal or request.
Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that
we may hold the funds in your Account until we have received all required documentation and instructions.
Indemnity. If you. ask us to follow instructions that we believe might expose us to any claim, liability or damages, we may refuse to follow your
instructions or may require a bond or other protection, including your agreement to indemnity us.
Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations
secured by your Account are satisfied.
SURRENDER OF TIME CERTIFICATE OF DEPOSIT
CD # 200780
This certificate is hereby surrendered.
Number of Signers Required: Any one (1) of the Authorized Signers(s) shown below.
ACCOUNT HOLDER:
CITY OF SEBASTIAN ESCROW FOR RICHARD FEY
Date:
DEPOSIT PRO. Rip. U.S. PII. i T.M. OFF.. Ver. l.Gle (q 19" CI'I ProSor"e*t. IM. All a,Jnn Nw1I1`V.3 ILL . L' o
CITRUS BANK, NATIONAL ASSOCIATION
L I TREE SERVICE, INC.
Rl&ard Fey & Sons
P O Box 0936
Roseland, Florida 32957
January 26, 1996
Mr Joel Koford
City Manager
City of Sebastian
Main Street
Sebastian, Florida
Re: Inspection of Old Dixie Highway, Sebastian
Resolution 95-09
Dear Mr. Koford
This letter represents that I am in compliance of Resolution 95-09 (Old Dixie Sand Mine),
as of Friday, January 29, 1996 at 1.5lpm.
`Ip
If I do not hear from you by Monday, January 29, 1996 at 9.00am, this letter will confirm that I can now proceed
with the sand removal.
Thank you.
Yours sincerely,
Richard Fey
cc: State Attorney's Office
Bruce Barkett, Esq.
Norman Green, Esq.
aount Holder Name(s): CITY OF SEBASTIAN
Reporting SSNMN:
06-1541367
Mailing Address: P.O. BOX 936
City, State, Zip Code: ROSELAND, FL 32957
Street Location: 1623 N U.S. HWY #1, STE A, SEBASTIAN, FL 32958
Street
Number. Worts #: (407) 589-6660
(Signatures and printed names of each account signer)
'he authorized Agent(s) signing above agree(s). that the Corporation's Accounts) will be governed by the
terms set forth in the Account Agreement and Disclosure. the Rate and Fee Schedule. the Time Certificate of
Oeposit Agreement (if applicablaX the Funds Availability Policy Disclosure and the Electronic Funds Transfer
Agreement and Disclosure if requested above, as amended by the Financial Institution from time to time. The
authorized Agent(s) also acknowledge that they have received at least one copy of these account documents.
The Authorized Slgner(s) understand(s) accounts opened after 2:00 PM are dated effective the next business
'Jay.
Account Purpose: Non Consumer
EFT Services: No
CORPORATION TYPE: Corporation For Profit
Reporting SSN/TIN:
ACCOUNT TYPE CERTIFICATE 12 TO 23 MONTHS
OPENED BY DRS
ACCOUNT NUMBER 200779; CD # 200779
OFFICER 007
Date Opened
Date Revised
Opening Deposit
Street Location:
Verified By
Account Formerly With
Work #: (407) S89-6660
Number of Signatures R
1$11,070.00
Cara
1
I
Individuals
01-24-96
N
CHEX SYSTE
Date Closed
Closing Balance
Closed By
Reason For Closing
Statement
Seance Chg
Disposition
Disposition
Mail
Regular
0EPo51T PRO. Req. U.S. Psi. i T.M. OFF- ver. 7.04c (q woe Cn ProSerWM est. An Rlgiits Reserv" FL - L70f =
CITRUS BANK, N.A.
ACCOUNT NUMBER
200779
Account Holder Name(s): CITY OF SEBASTIAN
Reporting SSN/TIN:
06-1541367
Mailing Address:
P.O. BOX 936
City, State, Zip Code:
ROSELAND, FL 32957
Street Location:
1623 N U.S. HWY #1, STE A, SEBASTIAN, FL 32958
Telephone Number.
Work #: (407) S89-6660
Number of Signatures R
it : 1 CIF Number: 003386
Signatures of Authorized
Individuals
The following information may be used to further identify individuals for telephone
instructions, large transactions, or if a signature varies. MMN=Mother's Maiden Name
Name:
SSN:
Street:
Mailing:
Phone: (H): (W):
Job:
DOB:
ID:
MMN:
Name:
SSN:
Street:
Mailing:
Phone: (H): (W):
Job:
DOB:
ID:
MMN:
TIN/BACKUP WITHHOLDING Reporting TIN: 06-1541367
Important: Under penalties of perjury, I certify that the number shown above is my
correct taxpayer identification number and that (check appropriate box):
® I am not subject to backup withholding, because I am exempt from backup
withhoidin_g, or because_ I have not been notified by the IRS that I am subject to
backup iAhhclding as a result of failure to report all Interest or dividends, or because
the IRS has notified me that I am no longer subject to backup withholding.
❑ I am subject to backup withholding.
❑ I am not a United States citizen or resident.
Signature of Authorized Individual: X- Ag� �i;
Richard -; y
The following information may be used to further Identity individuals for telephone
instructions, large transactions, or if a signature varies. MMN=Mother's Netden Name
Name: SSN:
Street:
Mailing:
Phone: (H): (W):
Job:
DOB:
ID: MMN:
Name: SSN:
Street:
Mailing:
Phone: (H): (W):
Job:
DOB:
ID: MMN:
TINIBACKUP WITHHOLDING Reporting TIN: 06-1541367
Important: Under penalties of perjury, I certify that the number shown above is my
correct taxpayer identification number and that (check appropriate box):
® 1 am not subject to backup withholding, because I am exempt from backup
withholding, or because I have not been notified by the IRS that I am subject to
backup -withholding -as a result of failure to report all interest or dividends. -or because
the IRS has notified me that I am no longer subject to backup withholding.
❑ 1 am subject to backup withholding.
❑ I am not a United States citizen or resident.
Signature of Authorized Individual: x
Richard Fay
BANK, N.A.
Holder Name(s): CITY OF SEBASTIAN
Reporting SSNMN:
06-1541367
Mailing Address: P.O. BOX 936
City, State, Zip Code: ROSELAND, FL 32967
Street Location: P.O. BOX 936, ROSELAND, FL 32957
elephone Number. Work #: (407) 589-6660
(Signatures and printed names of each account signer)
The authorized Agent(s) signing above agree(sL that the Corporation's Account(s) will be governed by the
terms set forth in the Account Agreement and Disclosure. the Rate and Fee Schedule, the Time Certificate of
Deposit Agreement (If appllcablo� the Funds Availability Policy Disclosure and the Electronic Funds Transfer
Agreement and Disclosure if requested above, as amended by the Financial Institution from time to time. The
authorized Agent(a) also acknowledge that they have received at least one copy of these account documents.
The Authorized Slgner(s) understand(s)accounts opened after 200 PM are dated offective the next business
aay.
Onrnttrtt Pttmnca• Unn rnnettmnr
r-•ci Cert.iweB• ILw
CORPORATION TYPE: Co oration For Profit
ACCOUNT TYPE CERTIFICATE 12 TO 23 MONTHS OPENED BY CBA
ACCOUNT NUMBER
2x0780' CD # 200780 OFFICER 007
Date Opened
Date Revised
Opening Deposit
ATM
,Verified By
Account Formerly With
P.O. BOX 936, ROSELAND, FL 32957
Telephone Number
1$61630.00
Card
i d: 1 CIF Number, 003386
-- -
01-24-96
Individuals- - - -
N
CHEX SYSTE
Date Closed
Closing Balance
Closed By
Reason For Closing
StatementService
Chg
Disposition
Disposition
Mail
DEPOSIT PRO. Ry. U.S. Pal. t TJI. OFF, Ver. 7.0ee (e) tM On ProSerw*9. lite. AN Rlpte R"orvea 11- L?=M
CiTRI lS ReMK_ N A
ACCOUNT NUMBER
966726
Account Holder Name(s): CITY OF SEBASTIAN
Reporting SSNMN:
06-1541367
Mailing Address:
P.O. BOX 936
City, State, Zip Code:
ROSELAND, FL 32957
Street Location:
P.O. BOX 936, ROSELAND, FL 32957
Telephone Number
Work #: (407) 589-6660
Number of Signatures R
i d: 1 CIF Number, 003386
-- -
. n t res of Authorized
Individuals- - - -
L I TREE SERVICE, INC.
Richard Fey & Sons
P.O. BOX 0936
Roseland, Florida 32957
January 29,1996
oFFNYO
Mr Joel Koford 1a
City Manager
City of Sebastian Ap
Main Street
Sebastian, Florida
Dear Mr Koford /
S�
Enclosed herewith, please find Certificate Number 200780, which is hereby delivered to the City of Sebastian
pursuant to the requirement to the Resolution 95-09.
Yours sincerely,
Richard Fey
enc.
i
TIME CERTIFICATE OF DEPOSIT
Financial Institution: CITRUS BANK, N.A., SEBASTIAN
Number: 200779
Account Name: CITY OF SEBASTIAN SSN/TIN: 06-1541367
Account Number
Issue Date
Deposit Amount
Term
Maturity Date
200779
January 24, 1996
$119070.00
12 Months
January 24, 1997
Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 5.10% with an
annual percentage yield of 5.18%.
The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until January 24,
1997. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded quarterly
and will be credited to the account quarterly. Interest on your account will be credited by adding the interest to the principal.
If you withdraw funds prior to maturity, your interest rate for the entire balance will be for the tier that applies to the resulting balance.
Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to
the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each
day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 (or 366 in leap year)
for each day in the year. You must maintain a minimum balance of $1000.00 to obtain the disclosed annual percentage yield.
Limitations: You must deposit $1,000.00 to open this account. You may not make additional deposits into this account. You may not deposit
more than $1,000,000.00 to this account. As defined by account type.
Time Account Information: Your account will mature on January 24, 1997. We reserve the right to redeem the account . If you withdraw any
of the principal before the maturity date we may impose a penalty of Certificates with maturities of one year or less will be subject to 30 day's
interest penalty. Certificates with maturities of more than 12 months will be subject to 90 day's interest penalty. If you close the account before
interest is credited, you will not receive the accru-d interest. The annual percentage yield assumes interest will remain on deposit until maturity.
A withdrawal will reduce earnings. This account will automatically renew. You will have 10 days. after the maturity date to withdraw funds
without penalty.
Account Fees: There is no service charge is certificate is left through maturity. The following fees apply to this account: Stop Payment -
$20.00: Will be charged upon customer completing a stop payment authorization at the bank; Overdraft Fee(s)/NSF - $25.00 each: Any item
appearing on the daily Deficit Balance Report will be charged regardless of whether a customer makes a deposit that day; Return Check(s)
deposited will be charged at $4.00 each: Your account will be debited for the return item; Special statements - $3.00: This charge is per
statement, per request; Account research or checkbook balancing is available. The charge for this service is $25.00 per hour: There is a
minimum charge of one hour for account research; Photocopy of an item: $3.00 per page; Removal of an item from files: $3.00 each; Fax of an
of
item: $3.00 each; Dormant Accounts: $5.00 per statement cycle; Foreign Drafts: $25.00 each; Cashier's Check: $3.00 each (customer); Money
Order: $1.50 each (customer); Incoming Wires: $7.00 each (customer); Outgoing Wires: $14.00 each (customer); Foreign Wires. $45.00 each
(customer); Traveler's Checks: $1.00 per $100 purchased; Outgoing Collections: $10.00 (customer only); Incoming Collections: $5.00
(customer only); Outgoing Coupon Collections: $10.00 (customer); and Credit reporting: The undersigned also agree(s) to authorize
Bank to verity and exchange their credit and account information through credit reporting agencies.
Member
Signature and Title of ized Financial Ins n Signer
NON TRANSFERABLE - NON NEGOTIABLE
FDIC
TIME CERTIFICATE OF DEPOSIT AGREEMENT - CERTIFICATE 12 TO 23 MONTHS
We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that
are specific to your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the
Deposit Amount indicated, and has agreed to keep the funds on deposit until the Maturity Date. As used in this Agreement, the words "you", "your" or
"yours" mean the Account Holder(s), the word "Account" means this Time Deposit Account and the word "Agreement" means this Time Certificate of
Deposit Agreement, and the words "we", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of
the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of
foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records.
ISSUE DATE. If you open a time certificate of deposit account with us after 2:00 PM on a business day that we are open, we will consider that the
transaction was made at the opening of the next business day for issue date and effective date purposes.
INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is
based upon the interest accrual basis described above.
AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above, the principal amount and all paid earned interest that
has not been withdrawn will automatically renew on each Matunty Date far an identical period of time as the original deposit term. Interest on
renewed accounts will be calculated at the Interest rate then in effect for time deposits of that Deposit Amount and term. P yoy wish to withdraw
funds from your Account, you must notify us during the grace period after the Maturity Date.
EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or
part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if
granted, the penalty as specified above will apply.
Minimum Required Penalty. The Minimum Required Penalty Is equal to seven (7) days' simple interest. If an amount in excess of the
Minimum Required Penalty is specified, the early withdrawal penalty will be calculated as a forfeiture of part of the accrued interest that has or would
be earned on the Account. If your Account has notet earned enough interest so that the penalty can be deducted from earned interest, or if the
interest already has been paid, the difference will be deducted from the principal amount of your Account.
Exceptions. We may allow the withdrawal of all or part of your Account before the Maturity Date without imposing an early withdrawal penalty
in the following circumstances: (1) one or more of you dies or is determined legally incompetent by a court or other administrative body of competent
jurisdiction; (2) where the Account is an Individual Retirement Account (IRA) and any portion ispaid within seven (7) da after establishment; or
where the Account is a Keogh Plan (Keogh), provided that you forfeit an amount at least equal to the interest earned on the amount withdrawn; or
where the Account is an IRA or Keogh and you attain age 59 112 or become disabled; or (3) within an applicable grace period (if any).
OEPCSIT PAC. Re•7- U.S. Pat. i T.M. CFF., ver. 7.0ec (q 1996 CFI Pr*Servtces. UK. AN Rights Reserve0. FL - L760
FORM 1201 - Rev 12'92 CURns 1000
RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff against this and any and all of your Accounts (except IRA, Keogh
plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether now
or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, or other obligations.
OTHER ACCOUNT RULES. The following rules also apply to the Account.
Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close
your Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us
harmless from liability, prior to our honoring your withdrawal or request.
Death of Account Halder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that
we may hold the funds in your Account until we have received all required documentation and instructions.
Indemnity. If youask us to follow instructions that we believe might expose us to an claim, liability or damages, we may refuse to follow your
instructions or may require a bond or other protection, including your agreement to indemnity us.
Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations
secured by your Account are satisfied.
SURRENDER OF TIME CERTIFICATE OF DEPOSIT
CD # 20OT79
This certificate is hereby surrendered. Date:
Number of Signers Required: Any one (1) of the Authorized Signers(s) shown below.
ACCOUNT HOLDER:
CITY OF SEBASTIAN
By: By:
RICHARD R FEY, President RICHARD FEY, President
i
Pace 2 -of
DEPOSIT PRO. Rag. U.S. Pat. A T.M. OFF_ Var. 7.04t: CC) t906 CFI PrOSarvttaa. Inc, AtI Roghtf Raf*rvl0 FL - L760
CITRUS BANK, NATIONAL ASSOCIATION
L I TREE SERVICE, INC.
Richard Fey & Sons
P.O. BOX 0936
Roseland, Florida 32957
January 29, 1996
Mr Joel Koford
City Manager
City of Sebastian
Main Street
Sebastian, Florida
Dear Mr Koford
Enclosed herewith, please find Certificate Number 200780, which is hereby delivered to the City of Sebastian
pursuant to the requirement to the Resolution 95-09.
Yours sincerely,
Richard Fey
enc.
Y = , w4
TIME CERTIFICATE OF DEPOSIT
Financial Institution: CITRUS BANK, N.A., SEBASTIAN
Number: 200780
Account Name: CITY OF SEBASTIAN SSN/TIN: 06-1541367
Account Number
Issue Date
Deposit Amount
Term
Maturity Date
200780
January 24, 1996
$59630.00
12 Months
January 24, 1997
Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 5.08% with an
annual percentage yield of 5.16%.
The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until January 24,
1997. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded quarterly
and will be credited to the account quarterly. Interest on your account will be credited by adding the interest to the principal.
If you withdraw funds prior to maturity, your interest rate for the entire balance will be for the tier that applies to the resulting balance.
Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to
the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each
day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 (or 366 in leap year)
for each day in the year. You must maintain a minimum balance of $1000.00 to obtain the disclosed annual percentage yield.
Limitations: You must deposit $1,000.00 to open this account. You may not make additional deposits into this account. You may not deposit
more than $1,000,000.00 to this account. As defined by account type.
Time Account Information: Your account will mature on January 24, 1997. We reserve the right to redeem the account . If you withdraw any
of the principal before the maturity date we may impose a penalty of Certificates with maturities of one year or less will be subject to 30 day's
interest penalty. Certificates with maturities of more than 12 months will be subject to 90 day's interest penalty. If you close the account before
interest is credited, you will not receive the accrued interest. The annual percentage yield assumes interest will remain on deposit until maturity.
A withdrawal will reduce earnings. This account will automatically renew. You will have 10 days. after the maturity date to withdraw funds
without penalty.
Account Fees: There is no service charge is certificate is left through maturity. The following fees apply to this account: Stop Payment —
$20.00: Will be charged upon customer completing a stop payment authorization at the bank; Overdraft Fee(s)/NSF — $25.00 each: Any item
appearing on the daily Deficit Balance Report will be charged regardless of whether a customer makes a deposit that day; Return Check(s)
deposited will be charged at $4.00 each: Your account will be debited for the return item; Special statements — $3.00: This charge is per
statement, per request; Account research or checkbook balancing is available. The charge for this service is $25.00 per hour: There is a
minimum charge of one hour for account research; Photocopy of an item: $3.00 per page; Removal of an item from files: $3.00 each; Fax of an
item: $3.00 each; Dormant Accounts: $5.00 per statement cycle; Foreign Drafts: $25.00 each; Cashier's Check: $3.00 each (customer); Money
Order: $1.50 each (customer); Incoming Wires: $7.00 each (customer); Outgoing Wires: $14.00 each (customer); Foreign Wires: $45.00 each
(customer); Traveler's Checks: $1.00 per $100 purchased; Outgoing Collections: $10.00 (customer only); Incoming Collections: $5.00
(customer only); Outgoing Coupon Collections: $10.00 (customer); and Credit reporting: The undersigned also agree(s) to authorize Citrus
Bank to verity and exchange their credit and account information through credit reporting agencies.
NON TRANSFERABLE — NON NEGOTIABLE
Member
FDIC
Signature and T f Authorized Fin I Institut Signer
TIME CERTIFICATE OF DEPOSIT AGREEMENT — CERTIFICATE 12 TO 23 MONTHS
We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that
are specific to your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the
Deposit Amount indicated, and has agreed to keep the funds on deposit until the Maturity Date. As used in this Agreement, the words 'you". 'your" or
"yours" mean the Account Hotder(s), the word "Account" means this Time Deposit Account and the word "Agreement" means this Time Certificate of
Deposit Agreement, and the words a", "us"
and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of
the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of
foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records.
ISSUE DATE. If you open a time certificate of deposit account with us after 2.:00 PM on a business day that we are open, we will consider that the
transaction was made at the opening of the next business day for issue date and effective date purposes.
INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is
based upon the interest accrual basis described above.
AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above, the principal amount and all paid earned interest that
has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original deposit term. Interest on
renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw
funds from your Account, you must notify us during the grace period after the Maturity Date.
EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or
part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if
granted, the penalty as specified above will apply.
Minimum Required Penalty. The Minimum Required Penalty is equal to seven (7) days' simple interest. If an amount in excess of the
Minimum Required Penalty is specified, the early withdrawal penalty will be calculated as a forfeiture of part of the accrued interest that has or would
be earned on the Account. If your Account has not yet earned enough interest so that the penalty can be deducted from earned interest, or if the
interest already has been paid, the difference will be deducted from the principal -'amount of your Account.
Exceptions. We may allow the withdrawal of all or part of your Account before the Maturity Date without imposing an early withdrawal penalty
in the following circumstances: (1) one or more of you dies or is determined legally incompetent by a court or other administrative body of competent
jurisdiction; (2) where the Account is an Individual Retirement Account (IRA) and any portion is paid within seven (7) dayyss after establishment; or
where the Account is a Keogh Plan (Keogh), provided that you forfeit an amount at least equal to the interest earned on the amount withdrawn; or
where the Account is an IRA or Keogh and you attain age 59 1/2 or become disabled; or (3) within an applicable grace period (if any).
DEPCSIT FRL. t:.y V S. 041.. T.M wr . '+dr 7.04c ;c; M96 CFI PreStrvicfs. Inc. AO Righvi R*s.rvel FL • L760
FORM 1201 - Re. 12.92
CURTIS 1000
-
RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff against this and any and all of your Accounts (except IRA, Keogh
plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether now
or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, or other obligations.
OTHER ACCOUNT RULES. The following rules also apply to the Account.
Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close
K
Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us
harmless from liability, prior to our honoring your withdrawal or request.
Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that
we may hold the funds in your Account until we have received all required documentation and instructions.
Indemnity. If you ask us to follow instructions that we believe might expose us to anclaim, liability or damages, we may refuse to follow your
instructions or may require a bond or other protection, including your agreement to indemni� us.
Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations
secured by your Account are satisfied.
SURRENDER OF TIME CERTIFICATE OF DEPOSIT
CD # 200780
This certificate is hereby surrendered. Date: I
Number of Signers Required: Any one (1) of the Authorized Signers(s) shown below.
ACCOUNT HOLDER:
CITY OF SEBASTIAN ESCROW FOR RICHARD FEY
By:RI HARD R FEY, President of CITY OF SEBASTIAN
ESCROW FOR RICHARD FEY
I
CITY OF SEBASTIAN
I
I
I
I
Pane 2 of2 !
OEPOSIT PRO. Rep. U.S. Pel. t T.M. Oft.. VN. 7.O4t Co 1996 CF1 ProServua. Inc. A0 R*0nlf Referve0. Fl - 040
CITRUS BANK, NATIONAL ASSOCIATION
..t 4'02-01-96 09:23AM FROM POTTERACCLELLAND TO SEBASTIAN CITY
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TO:
FROM:
RE:
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FACSIMILE COVER SHEET �zsatR� s. FLORID,& 0.12902-2523
(4,07) 98,6- 2700
REPLY TOi MZJ6b01 h0Z FAX. 14o:) 7,23•40¢3
200 BRCV^RD VENUE
COCOA. FLORIDA 32922
(;07) 634 - SO11
HARD COPY WILL BE MAILED: ( ) YES ( 4',,- ) NO
XQTICE OF CONFIDENZ ALI_
The information contained in this facsimile message is intended
only for the personal and confidential use of the designated
recipients named above. This message may be attorney-client
communication, and as such is'privileged and confidential. If the
reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are
hereby notified that you have received this document in error, and
that any review, dissemination, distribution or copying' of this
message is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone
and return the original message to us by mail at our expense.
Thank you.
PLEASE DELIVER THIS TELECOPY OF
PAGES, (INCLUDING THIS COVER
SHEET) AS SOON AS POSSIBLE$
SPECIAL INSTRUCTIONS:
IF THERE IS ANY PROBLEM WITH THIS
TRANSMISSION, PLEASE CALL 407-984-2700.
THANK YOU.
.1 0, 09:23AM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY
Ler► Ormcas or
FOTTEB, MCCLELLA'D, X&RES & HEdLY, F.
P02
WkLLL&M C. PGWZR FIRST UNION BArt BU2=1 T0. $=TX 600
CLUTON A. H0CLxLL&", Js. 700 SOCTn EAnCOCE STUXXT
PAMcs F. Bass POST 0MCZ BOX 2520
TA[o:zY K WILLu ms Mai aovaxa. FLOV=A :3:2908-2523
NA=T A. JONES
OW COUN68L %UWTx To.. XWAOUWZ Fu: (407) 723-4002
200 BasVAla AVS
January 31, 1996 corn.. FLoBsnA 32922
(407) 634.5011
VIA Mail and Fax
Bruce Barkett
Collins, Brown, Caldwell, Barkett,
Rossway, Garavaglia & Moore
979 Beachland Boulevard
Vero Beach, Florida 32963
Re: Richard Fey/Sand Mining
Dear Mr. Barkett:
This will confirm our conversation of Friday, January 26th
concerning the Bonding requirement® under Resolution 95-09 of the
City of Sebastian for the Richard Fey mining permit.
A Time Certificate of Deposit was faxed to my office showing
Citrus Bank as the institution with an account in the name of City
of Sebastian Escrow for Richard Fey.
Our office indicated to you that we would recommend any of
three mechanisms for Mr. Fey to comply with the Resolution as
follows:
1. Mr. Feycould post a surety bond with an acceptable
surety company naming the City as the beneficiary. The bond would
be in the classic bond form for the City.
2. A cash bond could be posted with the City to insure
compliance with the resolution requirements.
3. A Certificate of Deposit could be furnished the City and
approved by the City Manager and our office. The Certificate of
Deposit would need to be in the name of the City with the City
having the right to cash the C.D. upon notice to Mr. Fey. The C.D.
furnished our office by Mr. Fey does not indicate that the City is
the authorized signatory on the C.D. There is also a set-off
clause that would need to be eliminated to insure the C.D. could
not be set-off against a debt of Richard Fey.
`02-01-96 09:23AM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY P03
You inquired about an Escrow Agreement on the Certificate of
Deposit and our office indicated that an Escrow Agreement is
permissible, but would require City Council approval to bind the
City. If you have any questions, please call me.
Very truly yours,
COA�= OL.��
• Clifton A. McClelland, Jr.
CAM : inch
cc: George sonacci
JAN -29-1996 1544 COLLINS BROWN & CALDWELL 407 2345213 P.01i01
Coflim, Brown, WiWA
"ett, Ros3wa , GaravagL & Moore
CHAaTEM,
MJ= D. 0^004=rr
CAA -VW O. 1MOWN
%VUJJ ,r W. CAL1yW®i.
KOCNA6. J. GARAVAGUA
JOFW P PROM W--
BRACLEV W. ieosswAY
'0Q4RD CZWrrU-IW PEAL ESTATE LAWYER
—ALB0 ADMTTW IN TIS Cf97 MC I Cr C LWAg"
January 29, 1996
Mr. George Bonacci
Building Official
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
ATTORNEY" AT UAW
M BE/ACHLAND ackm VAm
Vatm SBAcm. FL01WA mam
Re: Richard Fey/Sand Mining
Dear Mr. Bonacci:
407 -?91-43a
RAX 4W -M4.5219
I refer you to my letter of January 9,r 1996.
PL=A=;UWw Tp;
DOBr err= == a=
VEM aGay, P%JOQMa M860
I reviewed your January 29 letter to Richard Fey. What is your
authority to order a cease and desist of a sand raining operation,
absent an order from your Code Enforcement Board or from a court?
You have an established procedure to address code enforcement
matters, and you have, after notice, attempted to bypass that
proceeding. This is in direct violation of Mr. Fey's rights under
the Constitutions of the United States, the State of Florida, and
of his rights under the Florida Statutes and of your own City
ordinances.
If I do not hear from you by 5 p.m. today citing your authority for
your letter of this date, I will notify my client to proceed with
the sand mining. If you attempt any enforcement action, we will be
in court and you will be named personally, along with your City
Manager, and the City of Sebastian, in a lawsuit, not only for
violation of Mr. Fey's rights under the sand mining permit, but for
violation of his constitutional rights.
Very truly yours,
Bruce Barkett
BB:bh
TOTAL P.01
City of Sebastian
1225 MAIN STREET [I SEBASTIAN, FLORIDA 32958
TELEPHONE (561 ) 589-5330 0 FAX (561 ) 589-2566
MEMORANDUM
e e...-Gac_
r- 4 --q%
RECEIVED
AAT 2 1199i
emman
OFECE
DATE: May 1, 1997
TO: Ms. Kay O'Halloran, City Clerk
THROUGH: Mr. Thomas Frame, City Manager 4,,.-4
FROM: Mr. Robert J. Massarelli, Community Development Director" �-
SUBJECT: Fey Sand Mine Performance Bonds
On February 22, 1995, the City approved a special use permit to Mr. Richard Fey for a sand
mine on Old Dade Highway. One of the conditions for the special use permit was a
requirement that Mr. Fey provide a surety bond or cashiers check in the amount of $11,070 to
the City to ensure compliance with the conditions of the permit and an additional surety bond
or cashiers check in the amount of $5,630 for restoration of the project area when the mine
operation terminates. On January 29, 1996, Mr. Fey provided two time certificates of deposit
in the in the proper amount
Mr. Fey has notified the City that he has completed the sand mine operation. It is therefore
requested that the Time Certificate of Deposit in the amount of $11, 070 be returned to Mr.
Fey.
The second Time Certificate of Deposit is for the required restoration of the project. The site
plan requires the site to be completed at an elevation of 2E eft. msl„ seeded and the side
slopes mulched with hay. I have required Mr. Fey to provide a survey showing that the site
was completed to the required elevation and for the site to be seeded and mulched. That
certificate should not be released at this time.
q
1 �; . �..si.c. 7.�% �,� ns =moi e' C -r'*) -:ti- Zc�a-7 -i !
I
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
June 12, 1998
Mr. Richard Fey
L.I. Tree Service, Inc.
P.O. Box 0936
Sebastian, Florida 32958
Dear Mr. Fey:
In response to your request to release your restoration bond on the sand mine located off Old Dixie
Highway, you recall that we both went together to view the site. At that time, I told you that the slopes of
the banks needed to be graded to insure that a 3:1 slope was established which was part of the restoration
requirements.
I noted as of Wednesday, June 3, 1998, that no additional worked had been performed to grade the banks
to a 3:1 slope. The bond may not be released until you have complied with the restoration requirements.
When we were present at the sand mine site, it became evident that while there may not have been grass
resulting from seeding, there was ground cover resulting from natural growth of native plants and weeds.
There were some small areas that appeared to be less than 25 feet MSL. This issue does not seem to be
significant, but the required slopes need to be met before release of the bond.
If you have any questions, please come in and discuss them accordingly.
Sincerely,
Thomas W. Frame
City Manager
cc: The Honorable City Council Members
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
MEMORANDUM
DATE: February 8, 1996
TO: Kathryn M. O'Halloran, City Clerk
FROM: Joel L. Koford, City Manage44��
SUBJECT: Certificate of Deposit #200779 and #200780
The attached Certificates of Deposit, specifically described as Time Certificate of Deposit
Number: 20079 in the amount of $111,070.00 and Time Certificate of Deposit Number:
200780 in the amount of $5,630.00.
The two above referenced Certificates of Deposits represent the bond requirements outlined
under Resolution R-95-09.
/jmt
Attachments
February 25, 2000
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
Mr. Richard Fey
916 U.S. Highway One
Sebastian, FL 32958
Re: Request for Release of Bond
Dear Mr. Fey.-
The
ey:
The Sebastian City Council, at its February 23, 2000 Regular Meeting, directed staff not to
release your sandmining restoration bond.
Any questions you may have should be directed to City Manager, Terrance Moore or Growth
Management Director, Tracy Hass.
Sincerely,
Kathryn M. O'Halloran, CMC/AAE
City Clerk
KOH/sam
cc: Terrence Moore - City Manager
City Attorney - Rich Stringer
Growth Management Director - Tracy Hass
2 0 0 0
"An Equal Opportunity Employer" WHITE HOUSE
CelebratingOur 75th Anniversary MILLENNIUM COUNCIL
rY Honor the Post - latagine the Future
of
Subject: Bond Release/ Richard Fey
Florida
Agenda No.
T- '
Department Origin: City Manager
Date Submitted: 02/15/2000
For Agenda of: 02/23/2000
Exhibits: Letter received 2/15/200 by City Clerks Office from Richard Fey
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: REQUIRED:
SUMMARY
The City is receipt of a letter received on February 15, 2000 from Mr. Richard Fey
seeking authorization from the City Council to release a bond being held by the City in
the form of a Certificate of Deposit as previously submitted for a mulching operation.
RECOMMENDED ACTION
Move to authorize staff to release a bond being held by the City in the form of a
Certificate of Deposit to Richard Fey as previously submitted for a mulching operation.
Richard Fey 1
916 US#1
Sebastian, Fl. 32958 ti R
City of Sebastian
1225 Main St.p��Cti
Sebastian, Fl. 32958 �' o
Attn: Terrance Moore 8
RE: Refund of Bond Monies
Dear Mr. Moore,
Please be advised the City is holding bond money in the form of a
Certificate of Deposit.
I recelved a release of the larger of the two bonds after the site met
approval by way of a topographical survey that was submitted to Mr.
Masserelli. The second bond was being held until seeding and mulch-
ing was completed.
1 completed the project and called Mr. Massemill for an Inspection. I was
asked to submit a second set of my topography. These were my copies,
and very costly to replace. They were to be returned to me. The surveyor
Is no longer in business. 1 called continually, even after Mr. Masserelli left
his position with the city. Along with the farewell of Mr. Massereili went my
topography and some of my files.
I contacted Mr. Frame. We discussed the situation and he Inspected the
site. He found a small area on the north side of the property that needed
two buckets of fill material. 1 refilled that area immediately, as the
equipment was on site. I called for an inspection and again, no one carne
to reinspect. With the exception of the real estate, I have since sold the
operation along with the heavy equipment,.
I see no reason that 1 should be faulted because the city lost not one, but
two sets of my paperwork and did not Inspect the site in a timely manor.
This has been going on for three years. The site was in compliance.
1 want my CD released.
Thank You,
Richard Fey
City of Sebastian
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (561)589-5330 0 FAX (561) 589-2566
MEMORANDUM
W- 4 -1
RECEIVED
NAY 2 ilso
CtiYERCEICs
OFFI
DATE: May 1, 1997
TO: Ms. Kay O'Halloran, City Clerk
THROUGH: Mr. Thomas Frame, City Manager 'Mcg .
FROM: Mr. Robert J. Massarelli, Community Development DirectoA�-
SUBJECT: Fey Sand Mine Performance Bonds
On February 22, 1995, the City approved a special use permit to Mr. Richard Fey for a sand
mine on Old Dixie Highway. One of the conditions for the special use permit was a
requirement that Mr. Fey provide a surety bond or cashier's check in the amount of $11,070 to
the City to ensure compliance with the conditions of the permit and an additional surety bond
or cashiers check in the amount of $5,630 for restoration of the project area when the mine
operation terminates. On January 29, 1996, Mr. Fey provided two time certificates of deposit
in the in the proper amount.
Mr. Fey has notified the City that he has completed the sand mine operation. It is therefore
requested that the Time Certificate of Deposit in the amount of $11, 070 be returned to Mr.
Fey.
The second Time Certificate of Deposit is for the required restoration of the project. The site
plan requires the site to be completed at an elevation of 25 ft. msl„ seeded and the side
slopes mulched with hay. I have required Mr. Fey to provide a survey showing that the site
was completed to the required elevation and for the site to be seeded and mulched. That
certificate should not be released at this time.
'j
City of Sebastian
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
November 2, 1996
Mr. Richard Fey
Richard Fey and Sons
1623 N. U.S. 1
Sebastian, FL 32958
Dear Mr. Fey:
We are in receipt of the survey submitted by Mr. Terry Drum to meet the requirements of
additional condition #8 of Resolution R-96-24 authorizing the special use permit for the sand
mine located on Old Dixie in Sebastian. I have reviewed the survey and have found that the
mining operation is not in compliance with the requirements of the special use permit and the
Land Development Code. Specifically, condition #8 requires a written report which evaluates
the ability to remove 23, 873 cubic yards of sand from the site. If the restoration plan can not
be complied with, you are required to submit a plan which will accomplish the purpose of the
restoration plan.
In addition, the average depth of the mine site exceeds the twenty-five foot excavation limit
(sec. 20A -5.30(c)(4), LDC).
In accordance with additional condition #10 of resolution R-96-24, you are hereby notified of
noncompliance of the Land Development Code and resolution R-96-24. You have five working
days to correct the violation. The information that is required within the five days is:
1) Calculation showing how many cubic yards of sand have been excavated from the
site.
2) A written plan and statement on your ability to accomplish the restoration plan for
the site.
3) In the event the you can not achieve the restoration plan, a revised plan shall be
submitted to the City for approval showing how the purpose of the reclamation plan
will be accomplished.
4) A plan and a time schedule to bring the average excavation elevation to no more
than 25 feet msl.
If the above information is not provided within five working days, the special use permit for the
sand mine will be suspended. In the event the permit is suspended or work to correct the
above mention deficiencies does not proceed at the time schedule approved by the City, the
City has the right to all necessary action including forfeiture of the compliance and restoration
bonds as provided for in Section 20A -5.30(e)(5) LDC.
Please feel free to contact me if you have any questions concerning this manner.
Sincerely,
Robert J. Massareili
Community Development Director
Trp _`b tiII....•
Richard Fey
P.O. Box 0936
Roseland, FI. 32957
City of Sebastian
1225 Main St.
Sebastian, Fl. 32958
Re: R-9£-24
11/08/96
Dear Mr. Masserelli,
This is in response to your November 2, 1996 letter. 1 am requesting 15 days to answer
the four items listed in your letter, as my surveyor is unable to complete at such short
notice.
Thank You,
.0000
Richard Fey
loci coo E3:91 90-11-9661
L.I Tree Service, Inc.
P.O. Box 0936
Roseland,Fl. 32957
City of Sebastian
1225 Main St.
Sebastian, F1. 32958
Attn. Mr. Bob Massarelli
11M3196
Dear Mr. Massarelli,
This is a follow up to my letter of November 8,1996.
I have retained Drum Land Surveying to resurvey the subject property on Old
Dixie Highway, Sebastian. My intentions are to spread the remaining fill from the
front section throughout the property to correct any lowlying areas that may exist.
I will then have the property resurveyed. This proceedure will be compited before
the expiration date of City Of Sebastion Resolution #95-09.
Thank You,
Richard Fey, Pres.
�J 6 139'1
L.I. TREE SERVICE, Inc.
P.O. Box 0936
Roseland, Fl. 32957
(561)589-6660
FAX(561)589-3143
215197
City of Sebastian
1225 Main St.
Sebastian, Fl. 32958
Attn. Dorri Bosworth
Re Special Use Permit-Sandmining
Old Dixie Hway., Sebastian
Dear Ms. Bosworth,
To date all sandmining operations at the site are completed. We are, however still
in the process of grading the site in order that it be ready for the mulching project
to commence. I do have several piles of various fill materials already excavated
and stockpiled on site. I will be using the stockpiled materials at various times on
other projects in the works. I may also bring in additional fill materials to be
stockpiled on site for sitework. No new mining will occur on the property.
I do not find it necessary to renew this permit. Please release my bond money for
the completed sandmining project.
Please have Mr. Masserelli call me when he is ready to dicuss the mulching
facitiity, as I am ready to preceed.
Thank You,
Richard Fey, President
City of Sebastian
1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 ❑ FAX (561) 589-2566
MEMORANDUM
DATE: March 19, 1998
TO: Mr. Thomas Frame, City Manager
FROM: Robert J. Massarelli, Community Development Director
SUBJECT: Mr. Fey's Sand Mine Restoration Bond
The City Council approved the special use permit to Mr. Fey for a sand mine on February 22,
1995 (resolution R-95-09). The resolution provided:
"Restoration plan:
(1) The Engineering Drawings included a restoration plan on page 2 which
shows the finished grade and the future land use as a small mulching
operation. The landowner shall complete the restoration plan for the
finished grade prior to the expiration of this permit."
The restoration plan states that the minimum excavation elevation is 25.0 ft. The cut slopes
will have a final grade of 3:1 maximum and will be protected with hay mulch. Upon completion
of the mining activity, the site will be seeded. Side slopes will be protected with hay mulch until
grass is established. Seeding shall conform to FDOT design standards, index 105.
This Department received a survey dated 1/12/96 and a second dated 1/22/96, indicating that
the site, in some areas, has been excavated below the 25.0 elevation.
In order to release the restoration bond, Mr Fey needs to provided a signed and sealed survey
showing that the site is in compliance with the restoration plan and that the site has not been
excavated below the 25.0 elevation, that the site has been seeded, and that the side slopes do
not exceed the 3:1 slope and have been seeded and mulched.
Please contact me if you require any additional information.
. City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
June 12, 1998
Mr. Richard Fey
LI Tree Service, Inc.
P.O. Box 0936
Sebastian, Florida 32958
Dear Mr. Fey:
In response to your request to release your restoration bond on the sand mine located off Old Dixie
Highway, you recall that we both went together to view the site. At that time, I told you that the slopes of
the banks needed to be graded to insure that a 3: 1 slope was established which was part of the restoration
requirements.
I noted as of Wednesday, June 3, 1998, that no additional worked had been performed to grade the banks
to a 3:1 slope. The bond may not be released until you have complied with the restoration requirements.
When we were present at the sand mine site, it became evident that while there may not have been grass
resulting from seeding, there was ground cover resulting from natural growth of native plants and weeds.
There were some small areas that appeared to be less than 25 feet MSL. This issue does not seem to be
significant, but the required slopes need to be met before release of the bond.
If you have any questions, please come in and discuss them accordingly.
Sincerely,
Thomas W. Frame
City Manager
cc: The Honorable City Council Members
Richard and Jodi R. Fey
C/O the Car Store
916 us#1
Sebastian, Fl. 32938
(561)5894718
FAX 589-6093
City Of Sebastian
Mr. Tracy Hass
Director of Growth Management
1225 Main St
Sebastian, Fl. 32958
FAX 589-2566
3/2411999
Dear Mr. Hass,
�ECE VEDA
MAR Z 5 1999
The city has been holding a bond for approximately $6,000.00 for a sand training
operation located at 11515 Old Dixie Highway. The project was completed to the
specifications of the city approximately 2 years ago. The funds are being held in a
CO at Citrus Bank, Sebastian. Kay O'Haliaran needs approval from you so that she
may authorize a release of our funds.
We would appreciate expeditious handling of this matter.
Thank You,
. ' Z e.
FJ0dJ R. Fey
0 Oq P-Cljf� -�C; . t,
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City of Sebastian
1225 MAIN STREET ❑SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 ❑FAX (561)589-2566
MEMORANDUM
DATE: May 1, 1997
TO: Ms. Kay O'Halloran, City Clerk
THROUGH: Mr. Thomas Frame, City Manager
FROM: Mr. Robert I Massarelli, Community Development Director -N ---
SUBJECT: Fey Sand Mine Performance Bonds
On February 22, 1995, the City approved a special use permit to Mr. Richard Fey for a sand'
mine on Old Dixie Highway. One of the conditions for the special use permit was a
requirement that Mr. Fey provide a surety bond or cashier's check in the amount of $11,070 to
the City to ensure compliance with the conditions of the permit and an additional surety bond
or cashiers check in the amount of $5,630 for restoration of the project area when the mine
operation terminates. On January 29, 1996, Mr. Fey provided two time certificates of deposit
in the in the proper amount.
Mr. Fey has notified the City that he has completed the sand mine operation. It is therefore
requested that the Time Certificate of Deposit in the amount of $11, 070 be returned to Mr.
Fey.
The second Time Certificate of Deposit is for the required restoration of the project. The site
plan requires the site to be completed at an elevation of 25 ft. msl„ seeded and the side
slopes mulched with hay. I have required Mr. Fey to provide a survey showing that the site
was completed to the required elevation and for the site to be seeded and mulched. That
certificate should not be released at this time.
Richard Fey
916 US91
Sebastian. Fl. 32958
581-689-1718
fax 588-53
9130159
Mayor Neuberger
City -of Sebastian
1225 Main St.
0
Sebastian, Fl. 32958 �,
999
RE: Returnof bond moneys for seed and mulch at -prop" located at 11515 Old, ,
Ducie Highway., Sebastian
Dear Mayor Neuberger,
Please be advised that the City Is holding back bond moneys due to Richard Fey
d.b.a. L.I. Tree Service, Inc.
Mr. Haas stated that the funds were not being released because the City cannot
locate the paperwork submitted to Mr. MassemIll. Once more my files are missing.
In order for the release of the first bond to have occurred, the City would have to
have a current topography of the property at elevation 25. That bond was released
In 1997. The seed and mulct was not completed, therefore tate second bond was
withheld.
I notified the City several months later that the seed and mulch was completed. Mr.
Frame was the one that did the Inspection. It has been 2 years. The project is
properly completed.
The City has lost my files and the surveyor I used Is no longer in business. I am
unable to get copies of the missing topography. i will not be toned to expend In
excess of $3000.00 to replace the topography.
I would appreciate your Immediate attention in this matter.
Thank You,
Sincerely,
Richard Fey