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HomeMy WebLinkAbout07-23-2018 PR AgendaCm OF SET�N HOME OF PELICAN ISLAND 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 228-7052 FAX (772) 228-7077 AGENDA CITY OF SEBASTIAN RECREATION ADVISORY COMMITTEE Monday. July 23, 2018 6:00 PM 1) CALL TO ORDER 2) PLEDGE OF ALLEGIANCE 3) ROLL CALL 4) AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5) APPROVAL OF MINUTES: -ACTION ITEM June 25, 2018 Meeting Minutes 6) UNFINISHED BUSINESS: Item A: Pickle Ball Courts Update Item B: Scoreboards for Barber Street Sports Complex Baseball Fields Update 7) PUBLIC INPUT 8) NEW BUSINESS: Item A: Guest Speaker: Beth Powell, County Conservation Lands Manager 9) STAFF MATTERS Item A: Summary of Staff's Recommended Recreational CIP Improvements 10) BOARD OR COMMITTEE MEMBER MATTERS 11) ITEMS FOR THE NEXT AGENDA AND DATE: August 27, 2018 12) ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'5 ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. SETW HOME OF PELICAN ISLAND Board Meeting Date Aqenda Item and Title Recommendation: Backqround: RECREATION ADVISORY COMMITTEE AGENDA TRANSMITTAL July 23, 2018 5. Meeting Minutes from June 25, 2018 Approve Meeting Minutes If Agenda Item Requires Expenditure of Funds: Total Cost: N/A Attachments: Recreation Advisory Committee, Minutes of Regular Meeting, June 25, 2018 CITY OF SEBASTIAN PARKS AND RECREATION ADVISORY COMMITTEE MINUTES OF REGULAR MEETING JUNE 25, 2018 1. Call to Order -- Chairman Sims called the meeting to order at 6:00 p.m. 2. Pledae of Alleaiance was recited by all. 3. Roll Call Present: Mr. Matthew Sims Ms. JoAnn Webster Mr. Greg Paschall Mr. Jim Sunnycalb (a) Not Present: Ms. JoAnne White -- Excused Mr. Jay McKinniss -- Excused Also Present: Ms. Margarita Hernandez, Parks Administrator Ms. Janet Graham, Technical Writer 4. Announcements and/or Aaenda Modifications 5. ADoroval of Minutes -- Regular Meeting of March 26, 2018 A motion to approve the March 26, 2018 Minutes as written was made by Ms. Webster and seconded by Mr. Sunnycalb and passed unanimously by voice vote. 6. Unfinished Business A. Pickle Ball Courts Update Ms. Hernandez described the activity relating to the pickle ball courts since the Committee's last meeting in March. There was a mandatory pre -bid meeting on April 6, and the actual bid opening was on April 27. There was only one bid received which came in significantly higher than what the City had budgeted. Staff met with the one bidder —Hellas Construction —in an attempt to help the City with the value engineer and PARKS AND RECREATION ADVISORY COMMITTEE PAGE 2 MINUTES OF REGULAR MEETING OF JUNE 25, 2018 design/build these courts. The City has not heard back from them in over a month. Because their bid was significantly higher than what was budgeted for, the project is on hold and will have to undergo the budget process all over again. Mr. Sunnycalb inquired as to how much time the budget process will take. Ms. Hernandez stated the budget is still being worked on by the Finance Department, and this is supposed to be one of the items to be presented to City Council for their approval. The new budget will begin October 1. Ms. Webster asked if staff knows what the budget will be for this project. Ms. Hernandez stated that is as yet unknown. Mr. Paschall asked regarding the single bid if there was any item that stood out as driving the cost, such as concrete, etc. at the present site vs. going back to Schumann with the project. Ms. Hernandez stated she couldn't answer that question, but she is aware that the price of concrete is at present significantly higher than previously. Mr. Paschall asked if the bidder was a local company, and Ms. Hernandez stated they are out of Austin, Texas. Mr. Paschall asked how long the project was advertised for bid. Ms. Hernandez stated she was not completely certain, but she will find out. Mr. Paschall asked if the City is permitted to repost the bid so as to get some bids from local companies as opposed to going through the budget process again. Ms. Hernandez stated she would get back to the Committee on that question. She stated that at the pre -bid meeting there were a lot of contractors present, but she is not certain why there was only one bid. Mr. Paschall requested that staff investigate what the options are going forward, and Ms. Hernandez stated she will do that and report back next month. Mr. Sims stated he had the same opinions and questions as Mr. Paschall. 7. Public Inout • Tim Jobe, Westport Drive, Sebastian. He is a pickle ball player and thanked the Committee for their interest and work concerning getting this project completed. He is requesting the Committee consider taking one of the tennis courts at Schumann Drive and turning it into a dedicated pickle ball court, as there are currently several people playing pickle ball at that location. He stated pickle ball is very popular. He presented an article to the Committee on another group that has taken an existing court and turned it into a dedicated pickle ball court. SEE ATTACHED. He mentioned that Vero Beach did the same thing at one of their parks, and this might be a viable option at a lower cost. Mr. Paschall asked Mr. PARKS AND RECREATION ADVISORY COMMITTEE PAGE 3 MINUTES OF REGULAR MEETING OF JUNE 25, 2018 Jobe if one tennis court can be converted to three pickle ball courts. Mr. Jobe stated it would be two tennis courts converted to three pickle ball courts. • Pete Antonelli, Fisher Lake Island, Sebastian. He inquired as to the process for publishing bids on projects such as this. Mr. Sims stated the City staff handles the entire process. Mr. Paschall added that bids go out to a public forum for a certain period of time, and contractors submit their bids. The City looks at the bids and selects the bidder. Mr. Antonelli mentioned speaking with a contractor who is doing work on other pickle ball courts, and that contractor suggested a figure of around $30,000.00 to convert the two tennis courts to four pickle ball courts. • Eileen Hanley, South Easy Street, Sebastian. She stated she thought the budget for the proposed pickle ball courts was around $200,000.00. Ms. Hernandez stated it was $213,000.00. She asked, when that money is not spent, how long it will be available for this project, and if any money has been spent yet out of the earmarked funds. Ms. Hernandez stated some money has been spent to pay the engineer's fees. Ms. Hernandez stated the money is still in the budget for this project and will stay there for at least the fiscal 2018-19, and her opinion is that it is not going to go away, but she could not guarantee that, since budgets do change from fiscal year to fiscal year. Mr. Paschall explained that the monies in the budget for Parks and Recreation will stay in that budget; it will not go to projects other than Parks and Recreation. He also pointed out that for converting a court, specifications have to be done, written up, and submitted for bids. 8. New Business A. Select a chairman and vice-chairman, adopt rules of procedure and meeting schedule. Mr. Sims stated that he has served out his term as Chairman, and there needs to be nominations from the Committee. Ms. Webster nominated Mr. Paschall for Chairman. Mr. Paschall nominated Mr. Sims for Chairman. Mr. Sunnycalb nominated Mr. Sims. Ms. Webster seconded the motion to nominate Mr. Sims. Motion to appoint Mr. Sims for another term as Chairman was made by Mr. Paschall, seconded by Ms. Webster, and passed unanimously by voice vote. Motion was made by Mr. Sunnycalb to nominate Mr. Paschall as Vice - Chairman, seconded by Ms. Webster, and passed unanimously by voice vote. PARKS AND RECREATION ADVISORY COMMITTEE PAGE 4 MINUTES OF REGULAR MEETING OF JUNE 25, 2018 Ms. Hernandez asked if the Committee is agreeable to the order of the agenda in the manner staff has been presenting it for the Committee meetings, as well as the date and time of the Committee meetings. Motion was made by Mr. Paschall and seconded by Ms. Webster to keep the agenda as it is and was unanimously passed by voice vote. B. Scoreboards for Barber Street Sports Complex Baseball Fields. Ms. Hernandez stated that this item was added to the agenda because Ms. Webster requested it. She asked Ms. Webster to speak on this subject. Ms. Webster stated it has been brought to her attention that none of the scoreboards at the baseball field work. She stated the City thought the leagues maintained the scoreboards. She studied the lease and did not find it mentioned. Ms. Webster was of the opinion that for the past several years the City had maintained the scoreboards, and they are not now being maintained. She recently met with some league members and stated the condition of the fields is not good, and there are a few safety issues also. She would like to see the scoreboards running again and the fields better maintained. Mr. Sims asked if anyone from the baseball leagues has met with someone with the football group to see who maintains their field. Ms. Webster stated in all the years she has been involved, the City has maintained the scoreboards and baseball fields, but she does not know who maintains the football fields. Mr. Sims asked if there is someone in the baseball league group who could let staff know if the fields are not being properly maintained. Ms. Webster stated that the leadership has changed in the leagues, and there has been a decrease in the number of participants, but she thinks that the numbers will go back up as there is some better advertising, etc. Mr. Sims suggested that someone in the league chain of command recognize the needs and will let staff know. He addressed Ms. Hernandez as to her understanding of who is responsible for the scoreboards and the condition of the fields. Ms. Hernandez said that is the reason staff included the contract in the agenda packet, and scoreboards are not significantly mentioned in the contract. Staff recommends the league present a proposal which states what is needed for the scoreboards and some idea of how much it would cost. Staff can then review it and present it to the City Manager. She stated there are two permanent employees who take care of the whole Barber Street Sports Complex. Ms. Webster suggested someone from the City inspect the baseball complex to see what needs to be done. Ms. Hernandez stated she will see that that is done. Ms. Webster said she will get with Complete Electric to see if they can give her an idea of what needs PARKS AND RECREATION ADVISORY COMMITTEE PAGE 5 MINUTES OF REGULAR MEETING OF JUNE 25. 2018 to be done with the scoreboards and the lighting. Mr. Paschall suggested that when these questions are resolved, an addendum to the contract be drafted so that it is clear as to who is responsible. Ms. Webster said the league has provided some things at the field, but she thinks the City should be responsible for the scoreboards. 9. Public Inout William Russell, 1125 Blossom Drive, Sebastian. He is a member of the board of the Sebastian Little League and is also responsible for the umpires. Sebastian has professional umpires who do it free of charge. He stated that there are four scoreboards at the field and only one of them worked during the last season. During that time no one knew what the status was as far as innings, scores, etc. He informed the Committee that the scoreboards are so old that repair parts are no longer available. He is not requesting new scoreboards; he is just asking for the scoreboards to be operational. He addressed the condition of the grounds, and now that he is aware that his group should contact someone from the City, he will see that that is done. 10. Staff Matters A. Park/Facility Use Survey Ms. Hernandez stated staff had put together a survey sheet requesting public input at some of the recreational facilities in order for staff to gauge employee resources etc. at those facilities. She said staff will do this again in November. Mr. Sims suggested these forms be available online. Ms. Hernandez stated she will see that that is done. Ms. Hernandez stated that Beth Powell, who is the County Conservation Lands Manager, is going to be making a presentation in July to talk about not only the boardwalk behind the Senior Center, but other conservation lands as well. 11. Board or Committee Member Matters Ms. Webster thanked the Committee for addressing the scoreboard matters. She also asked if the items in the article presented by Mr. Jobe should be on the agenda for the next meeting. Ms. Hernandez stated staff will look into that. PARKS AND RECREATION ADVISORY COMMITTEE PAGE 6 MINUTES OF REGULAR MEETING OF JUNE 25, 2018 Mr. Sunnycalb: • He stated he has talked to Commissioner Joe Flescher about the boardwalk, since it is in his district, and Mr. Flescher said he would look at it. • He suggested that where the mural used to be in Riverview Park, which was painted over, installing a gazebo with "Sebastian, Florida" writing on it. He stated there are wedding pictures, graduation pictures, etc. taken in the Park, and he thinks this would be a positive addition, and he suggested there might be money from the CRA fund that would pay for it. • He addressed the lights at the volleyball courts in Riverview Park, that maybe there could be timers put on the lights to conserve electricity when the courts are not being used. • He thanked the City for putting the blue light back on at the Easy Street Park in recognition of autism and honoring fallen officers. Also regarding Easy Street Park, he inquired as to the sign asking people not to feed the ducks. Ms. Hernandez stated that some time ago some Muscovy ducks were removed from the park, but the ducks are being fed by the public. These ducks should be removed from the park, but with the public feeding them, it is encouraging the ducks to stay. She said two signs were put up saying do not feed the ducks, and the next day one sign was removed. She stated if the City has to get rid of all the ducks, it means euthanizing them, and staff tried the do -not -feed -the -ducks signs to see if that was a viable alternative. Mr. Sunnycalb described that Muscovy ducks can be aggressive and are a nuisance, and he has tried to get rid of them for years. He stated the public like feeding the ducks, but the Muscovy ducks are a problem. He also stated that there were only two Muscovy ducks removed in the past and taken to Fellsmere. Ms. Webster is of the opinion that it would be better to stop feeding them than to eliminate them. Ms. Hernandez said staff will look into making the signs look more official in order to discourage people from removing them. Ms. Webster suggested that if the signs are left in place maybe people would not feed the ducks as much. Mr. Sunnycalb said he hates to see it come to the point where the public cannot feed the ducks, that only the Muscovy ducks are the problem. Mr. Paschall suggested the decision will have to be made to either not have the ducks at all or not to feed the ducks, because the park is open to the public. • He addressed the dog park and the fact that the fountain on the large -dog side is turned the wrong way so a handicapped chair cannot be used. He said the PARKS AND RECREATION ADVISORY COMMITTEE PAGE 7 MINUTES OF REGULAR MEETING OF JUNE 25, 2018 fountain on the small -dog side is correct, and he questioned why the one on the large -dog side is not installed in the right direction. Ms. Hernandez said she would look into seeing if the position of the fountain in the large -dog area can be corrected. • He noted that things are being done without the Committee having a chance to discuss them and decide on how to proceed regarding duck signs, fountains, etc. Ms. Hernandez stated that staff does due diligence before making these decisions, and she will discuss with the City Clerk what is the role of the Committee and what is the role of City staff in regard to what items staff should bring forward to the Committee. Mr. Sunnycalb mentioned it was decided by the Committee that the benches at the dog park were supposed to be put on concrete pads, and they were not. Ms. Hernandez stated that all the new benches were to be put on concrete pads, and the new benches were. The old benches were never mentioned to be put on concrete pads. Mr. Sunnycalb stated FPL would be putting in solar panels in two shade shelters. By concreting the fence on the small -dog side, there is now no room to put a shade shelter. He asked how there can be a shade shelter installed, and Ms. Hernandez stated she will have to look into that. She stated the concrete around the fence was installed to eliminate dogs digging under the fence in order to get from one side to the other, and there were complaints that dogs were getting out of the park and running loose. Ms. Webster interjected that things are not always done as quickly as people would like them to happen, and people need to be patient. Mr. Sunnycalb agreed that there has been a lot of work done on the dog park, and he wishes people would appreciate what has been done. Mr. Paschall mentioned the resurfacing of the tennis courts at Schumann Drive, and if we are looking at making the changes regarding converting courts for pickle ball, maybe that could all be incorporated into the bid at one time. As far as community input, he thinks that if the only course for making changes is through the Committee, this would just bog things down. Mr. Sims stated he is disappointed to know that only one bid came in for the pickle ball courts, but if Schumann Park can be used to convert some of the courts to pickle ball courts, that might be a viable option. Mr. Sunnycalb asked if a tennis court is converted to pickle ball courts, will that decrease the money allocated for building the pickle ball courts, and would it cost PARKS AND RECREATION ADVISORY COMMITTEE PAGE 8 MINUTES OF REGULAR MEETING OF JUNE 25, 2018 money to return it to a tennis court. Ms. Webster stated that is why she thought it should be on the next meeting agenda. Ms. Hernandez stated it would definitely be under Unfinished Business on the next agenda. Mr. Paschall stated he would interpret the conversion as happening one time and not to switch back, and based on the sheer number of people playing pickle ball, there is a need for more pickle ball courts. Mr. Sunnycalb agreed. Ms. Webster gave her opinion that while waiting for the completion of the bidding process at the Friendship Tennis Courts, if there could be the conversion in the Schumann complex, it would not be a waste. The members of the Committee were in agreement. 12. Items for the Next Aoenda and Date -- July 23, 2018 13. Adiourn -- Chairman Sims called for any further business. Hearing none, he adjourned the meeting at 7:19 p.m. By Matthew Sims, Chairman Parks and Recreation Committee A M S SEBASTTIAN HOME OF PELICAN ISLAND RECREATION ADVISORY COMMITTEE AGENDA TRANSMITTAL Board Meetinq Date: July 23, 2018 Agenda Item and Title: 6. UNFINISHED BUSINESS; Item B. Scoreboards for Barber Street Sports Complex Baseball Fields Update. Recommendation: Assess the need for a fourth scoreboard. Backaround: The condition of the scoreboards was discussed at the June meeting and Staff committed to evaluating these and reporting back to the Committee its findings. If Agenda Item Requires Expenditure of Funds: Total Budgeted: N/A Attachments: Use Agreement between City and Sebastian Area Little League, Inc. USE SEBASTIAN FF1WAREA LfTTLE �EAGUEDINC. IN AND FOR CONSIDERATION of the mutual promises herein, the sufficiency of which is hereby acknowledged, the CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as "CITY", and the SEBASTIAN RIVER AREA LITTLE LEAGUE, INC., a non-profit Florida corporation, hereinafter referred to as "LITTLE LEAGUE", agree to be legally bound as follows: 1. USE OF PREMISES From January 1 through December 31 of the years 2008 through 2023, LITTLE LEAGUE shall be allowed use of Fields 1, 2, 3 and 4 and the batting cages located on the northern portion of the Barber Street Sports Complex as shown in the schematic attached hereto marked Exhibit I, as well as the use of the Refreshment stand/Restroom building in said Exhibit, in accordance with the terms set forth herein, for the purpose of operating a youth baseball league. The areas subject to this use agreement shall hereinafter be called the "Premises". LITTLE LEAGUE shall be entitled to ancillary use of public parking and recreational facilities within the Barber Street Sports Complex on the same terms as all other members of the public. II. MAINTENANCE AND REPAIRS CITY shall generally maintain the Premises in the same manner as other similar City parks. LITTLE LEAGUE shall have the following responsibility: a) Preoaration of Fields: Assume responsibility for and undertake any and all preparations and efforts required to be performed on the Premises in order that it may be used as a playing field for the game of baseball, including, but not by way of limitation, lining, dragging, and raking of batter boxes, base lines and warning tracks. Furthermore, it shall be LITTLE LEAGUE responsibility to furnish all equipment necessary to play baseball; provided, however, that the CITY shall, on a yearly or as needed bases, .due to normal ordinary wear and tear, replace sets of bases and pitching rubbers b) Cleaning: Keep the Premises and all improvements erected thereon in a clean and orderly state, including, but not by way of limitation, all fields and adjacent spectator areas, the announcers' stands and scoreboards, the "dugout" areas of each field, the refreshment stand, and the restrooms. LITTLE LEAGUE's obligation to clean shall include the duty to collect and deposit all trash and garbage into the containers located on the Premises for this purpose. LITTLE LEAGUE's responsibilities shall also include the duty to supply the restrooms with toilet paper and all other necessary sanitary items. c) Improvements: LITTLE LEAGUE shall not cause any improvements to be made to the Premises wit6ut the advance written consent of the CITY. Provided, however, that this provision shall not be deemed to prevent the LITTLE LEAGUE from performing or arranging for the performance of any of its duties or exercising any of its rights under the Agreement. Unless otherwise agreed in writing between the parties hereto, all costs of any improvements shall be borne by the LITTLE LEAGUE. All improvements made on the Premises, including the construction of buildings and installation of Tortures,shall-become thL property ofthe CITY upon their-=structiary Drinstaitation, - butshaiFbe deemed part-o"he-Premises-forpurpose-of this -Agreement. - d) Signs: LITTLE LEAGUE shall be permitted the right to post commercial or private advertising signs as a fund raiser. All funds derived from this advertisement shall be used to make Premises improvements or directly fund LITTLE LEAGUE. Signs shall not be posted on the outfield fence of field #3 and #4. The CITY reserves the right to reject and prohibit posting of signs on the Premises at any time. e) Security: Keep locked the announcers' stands and the refreshment stand/restroom building, including related storage areas, when such premises are not being used. III. POSSESSION AND ACCESS The rights granted LITTLE LEAGUE herein relate to use of public facilities and do not in any way constitute possession of the Premises by LITTLE LEAGUE. At all times CITY retains all rights of control and access to facilities subject to this agreement. IV. CITY USE DURING TIME OF USE RIGHTS Between the months of December 1 — July 31, LITTLE LEAGUE shall have use of the Premises as stated herein; however, if it does not interfere with a scheduling, upon fifteen (15) days written notice, CITY shall be entitled to use of the facilities on a short-term basis for special events. Between the months of August 1 — November 30, LITTLE LEAGUE shall be permitted use of the Premises as stated herein; however, the CITY reserves the right to schedule the fields for other leagues and special events as deemed appropriate by the CITY. If scheduling conflicts arise between the months of August 1 — November 30. the CITY shall have final authority to arrange use and scheduling of the Premises. V. REFRESHMENT STAND OPERATIONS LITTLE LEAGUE shall comply with all applicable laws, orders and regulations prescribed by any lawful authority having jurisdiction over the operations of the refreshment stand. In the event LITTLE LEAGUE is unable to operate said refreshment stand in accordance with all such regulatory requirements, or for any other reason ceases to operate the same, CITY shall have the option to otherwise provide for operation of the refreshment stand and LITTLE LEAGUE shall have no further interest therein. VII. LITTLE LEAGUE RESPONSIBILITY LITTLE LEAGUE shall not commit or permit the commission of any acts on the Premises, nor use nor permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the Premises; or (b) constitutes the commission of waste on the premises or the commission or maintenance of a nuisance. V111. ASSIGNMENT LITTLE LEAGUE may not assign, or otherwise transfer any right or interest in this Agreement without the prior express written consent of CITY. IX. INSURANCE LITTLE LEAGUE shall during the period of use of the refreshment stand area, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance in an amount equivalent to the value of the Refreshment Stand Building. Upon request, the LITTLE LEAGUE shall provide to the CITY a certificate of such insurance with evidence of the payment of the premium therefor. The CITY shall have no obligation to keep the buildings and improvements on the Premises insured nor shall the CITY have any obligation to insure any personal property used in connection with the Premises. In the event that the LITTLE LEAGUE's use and occupancy of the Premises causes any increase in the premium for any property casualty or fire insurance maintained by CITY on the Premises or any portion thereof, LITTLE LEAGUE shall reimburse CITY for the amount of said increase within thirty days of notice of the same. public liability insurance issued by an insurance company acceptable to CITY and insuring CITY against loss or liability caused by or connected with LITTLE LEAGUE's occupation and use of the Premises under this Agreement in amounts not less than: (a) $300,000 for injury to or death of one person and, subject to such limitation for the injury or death to one person, of not less than $1,000,000 for injury to or death of two or more persons as a result of any one accident or incident; and (b) $300,000 for damage to or destruction of any property of others; or such higher amount as may be set as the liability limits under the waiver of sovereign immunity provisions of law. Any policy or policies of insurance required pursuant to this Agreement shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. Such shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the CITY and shall name the CITY as an additional insured. Upon the request of the CITY, the LITTLE LEAGUE shall provide copies of said policies to the CITY. Nothing in this Agreement shall be construed as a waiver by CITY of the protections of sovereign immunity X. DESTRUCTION OF PREMISES In the event the building and/or other improvements erected on the Premises are destroyed or damaged by fire or other casualty, the CITY shall have no responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the Premises. CITY, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the Premises and terminate the Agreement. Any insurance proceeds relating to the Premises, whether CITY elects to repair or replace the improvements on the Premises or not, shall be the sole property of CITY and LITTLE LEAGUE shall have no claims against any insurance proceeds paid on account of such damage. XI. ALTERATIONS LITTLE LEAGUE shall not make or permit any other person to make alterations to the Premises without the prior written consent of CITY. Any alterations to the Premises by LITTLE LEAGUE shall be made at the sole cost and expense of LITTLE LEAGUE, but shall be the property of CITY. XII. INDEMNITY LITTLE LEAGUE shall indemnify, defend and hold CITY and the property of CITY, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of LITTLE LEAGUE, or by reason of damage to or destruction of any property, including property owned by LITTLE LEAGUE or any person who is an employee or agent of LITTLE LEAGUE, in any way caused by, connected with or occurring during LITTLE LEAGUE's use of the Premises or other appurtenant or related CITY properties arising under this Agreement other than intentional acts of CITY or an employee or agent of CITY. XIII. UNREMOVED PERSONAL PROPERTY AND FIXTURES Any personal property or trade fixtures that are not removed from the Premises by LITTLE LEAGUE within thirty (30) days after the last game of a season or termination of this Agreement shall be deemed abandoned by LITTLE LEAGUE and shall automatically become the property of CITY as owner of the real property. XN. REMEDIES FOR DEFAULT Should LITTLE LEAGUE be guilty of a material default and breach of this Agreement, CITY, in addition to any other remedies given by law or equity, may terminate LITTLE LEAGUE's right to use the Premises immediately. The parties waive the right to trial by jury of all issues so triable. XV. WAIVER OF BREACH The waiver by CITY of any breach by LITTLE LEAGUE of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by LITTLE LEAGUE either of the same or another provision of this Agreement. XVI. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: CITY: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager LITTLE LEAGUE: '"""'"'""". Inc. ******" Avenue Sebastian, FL 3295860 Attn: President provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. XVII. LrrIGATION In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Agreement shall be construed and enforced according to the laws of the State of Florida. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in the venue. THE PARTIES HERETO SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH LEGAL PROCEEDING. XVIII. WHOLE AGREEMENT This Agreement contains all of the understandings by and between the parties hereto relative to the use of the Premises, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. EXECUTED on this 23rdday of September , 2010, at Sebastian, Florida. ATTEST: Sally A. Mai�MC City Cler Approved as to Form and Legality for Relian a by the City of Sebastian only: R ert��g, CityAttorrft�j SEBASTIAN RIVER AREA LITTLE LEAGUE, INC. a non-profit Florida corporation CITY OF A Munith ATTEST: Secretary: (Seal) III, City Manager M" SE�TIAN HOME PELICAN ISLAND RECREATION ADVISORY COMMITTEE AGENDA TRANSMITTAL Board Meetinq Date: July 23, 2018 Agenda Item and Title: 9. STAFF MATTERS; Item A. Summary of Staff's Recommended Recreational CIP Improvements Recommendation: N/A Background: For the Committee's information, attached is the summary of Staffs recommendations for the recreational, CIP improvements. These have not been approved by City Council; they are only recommendations made by Staff. A Special Meeting is calendared for Monday, September 171h at 6PM, during which time a first public hearing on millage and budget approval of capital improvement program/financial policies will be presented to City Council. If Agenda Item Requires Expenditure of Funds: Total Budgeted: Attachments: Summary of Staff's Recommended Recreational CIP Improvements CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2019-2024 CAPITAL IMPROVEMENT PROJECT REQUEST AND JUSTIFICATION FORM RECREATIONAL IMPROVEMENTS Project Name: Schumann Tennis Courts (Project Description: Funding Source: General Fund Resurface the Schumann Park Tennis Courts. Justification: These six tennis courts were last resurfaced in 2009. They are highly utilized by both tennis players and l pickle ball players on a daily basis and are in need of resurfacing. Project Costs: FY I8-19 FY 19-20 $ 36,000 $ Operating Impact (Savings): FY 20-21 FY 21-22 FY 22-23 FY 23-24 Total $ - $ - $ - $ - $ 36,000 Project Name: IPark Amenities (Project Description: Funding Source: Recreation Impact Fees Provide additional amenities. Justification: This sets aside funding for previously designated amenities that are being reevaluated. Staff wants to be assured these monies will best serve the residents. Project Costs: FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 Total $ 213,000 $ 172,000 $ $ $ $ $ 385,000 Operating Impact (Savings): $ - $ $ $ $ $ $ Project Name: JBark Park Shade Structure Project Description: Funding Source: (Recreation Impact Fees I Provide a shaded sitting area at the Bark Park. Justification: The Bark Park lacks adequate shade for dog owners. A shade pavilion will provide relief from the sun and summer heat. Project Costs: FY 18-19 FY 19-20 $ 10,000 $ Operating Impact (Savings): FY 20-21 FY 21-22 FY 22-23 FY 23-24 Total - $ - $ - $ - $ - $ 10,000 Project Name: Park Improvements Project Description: Funding Source: (Recreation Impact Fees As needed improvements to Parks. Justification: These allocations will provide funds on an annual basis toward addressing improvements that were not budgeted but are brought to light by the public or the Parks and Recreation Advisory Committee. $5,000 will be apportioned to each Zone, so that concerns can be addressed without delay. Project Costs: FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 Total $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 120,000 Page 1 of 2 CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2019-2024 CAPITAL IMPROVEMENT PROJECT REQUEST AND JUSTIFICATION FORM RECREATIONAL IMPROVEMENTS (CONTINUED) Project Name: All -Inclusive Playground Project Description: Funding Source: Recreation Impact Fees Additional funding for a pour -in -place surface. Justification: This was scheduled in FY 17-18 for $80,000 but deferred. To better address the needs of children with disabilities, particularly those with wheelchairs, it is advisable to increase the amount allocated to include a pour -in -place surface. Project Costs: FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 Total $ 40,000 $ $ $ $ $ $ 40,000 Operating Impact (Savings): Project Name: Park Signage (Project Description: Funding Source: (Recreation Impact Fees Establish a Uniform and Consistent theme for Park Signage. Justification: The Parks Map which delineates the 4 Recreational Impact Fee Zones is outdated and needs to be upgraded with geographic information system mapping technology. A signage study should also be undertaken to establish park signage standards, so signs are updated in a uniform and consistently-themed manner. This addresses one of the goals of the latest Park Element of the Comprehensive Plan. Project Costs: FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 Total $ 100,000 $ $ $ $ $ $ 100,000 Operating Impact (Savings): Page 2 of 2