HomeMy WebLinkAboutR-19-32 Parking in Lieu of Program - 1550 Indian River Drive3120190066683
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK 3254 PG: 404 Page 1 of 911/142019 9:49 AM
RESOLUTION NO. R-19-32
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING PARTICIPATION IN THE PARKING IN LIEU OF
PROGRAM, LIEN AGREEMENT AND COVENANT RUNNING WITH
THE LAND, FOR ELLEN L. GRAFF FOR PROPERTY LOCATED AT
1550 INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA; PROVIDING FOR
TERMINATION, CONFLICTS, AND SCRIVENERS ERRORS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian has determined that it is in
the public interest to allow businesses within the Riverfront area the opportunity to
utilize public parking to meet their parking needs; and
WHEREAS, Ellen L. Graff wishes to participate in the Parking In Lieu of Program
and purchase four (4) parking spaces of public parking for property located at 1550
Indian River Drive;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. The City Council approves the Parking In Lieu Of Program
Agreement, Lien Agreement and Covenant Running with the Land attached hereto as
Attachment A, and authorizes the City Manager to execute and record the same.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. SCRIVENER'S ERRORS. Sections of this ordinance may be
renumbered or re -lettered and corrections of typographical errors which do not affect
the intent may be authorized by the City Manager, or the City Managers designee,
without need of public hearing, by filing a corrected or re -codified copy of same with the
City Clerk.
Section 4. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Dodd
The motion was seconded by Mceartlan and, upon being put to a
vote, the vote was as follows:
Mayor Jim Hill
aye
Vice -Mayor Linda Kinchen
aye
Council Member Ed Dodd
aye
Council Member Albert lovino
aye
Council Member Bob McPartlan
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 23`tl day of
October, 2019.
CITY OF SEBAST , FLORIDA
By:
Mayor m Full
ATTEST:
�1
i�J�LN'iCLt-t lN.r,�tt.LtA'h(L
anette Williams, MMC
ity Clerk
Approved as to form and content for
reliance b the City of Sebastian only:
Jam4pstokes, City Attorney
It. GOVERNING LAW. This Ageement shall be governed by and construed in
accordance with the laws of the State of Florida.
12. RECORDING. The City shall be responsible for recording this Agreement in the
Official Records of Indian River County and the Owners shall pay all recording fees. A
copy of the recorded Agreement shall be provided to the Owner by the City within fifteen
(15) business days after recording.
13. EFFECTIVE DATE. This Agreement shall be effective upon the execution of the
last party to sign.
ATTEST:
Iry
etteNVilliams, MMC
Clerk---
BY.
aEllen L. Gra
STATE OF NP W 4 lqf—
COUNIYOF Rlacr0.0
CITY OFSEBAST/IAN, FLORIDA
By: /�ul Car tsle, City Manager
Date:
Approved as to form and legality for
reliance by the City of Sebastian
only
J s Stokes, City Attorney
Date:
The foregoing instrument was acknowledged before me this G day of rho ue.Mar � 2019, by Ellen L.
Graff, who is personally known to me or produced 0,4S Or,-(,Vr, r la(identitieatton)
SF AT
DANI(Mau4TS@Y s<7`f�r°,' Gn_.4.�
NO7AAY PI}OLIC STA1E Of NEIx NOTARYPU$6IC
1]UEEN8 COUNi•Y �i» y Print Name: MOW 1-t( )t`/
1 vJw..fiO q,FE15a015 y Commission Na. 0 1 MQ c. (L,1.,, a'7
ic6MM FXP.A.C!t^"�`(k� ' %i Ecpiratiom /t'�G.+r.!•— li ada -a
,-,tix+> —
ATTACHMENT A
PARKING IN LIEU OF PROGRAM AGREEMENT
LIEN AGREEMENT
COVENANT RUNNING WITH THE LAND
(hereinafter collectively referred to as "Agreement")
THIS AGREEMENT is between the City of Sebastian, a Florida municipal
corporation, as "City", and Ellen L. Graff, as "Owner", of the property located at 1550
Indian River Drive, Sebastian, FL.
WHEREAS, the City Council of the City of Sebastian finds that providing public
parking to assist private businesses meet their parking needs is an economic benefit to the
entire community; and
WHEREAS, the requirements for parking are outlined in Sec. 54-3-15 of the
City's Land Development Code and include an In Lieu of Parking Program allowing
businesses to participate in public parking to meet their parking requirements; and
WHEREAS, the recently approved site plan for the restaurant expansion at the
subject property requires 27 parking spaces and provides 15 on the site; and
WHEREAS, the previous owners participated in the Parking In Lieu of Program
and purchased eight (8) spaces from the City, which they have paid in full; and
WHEREAS, the Owner has decided to participate in the Parking In Lieu of
Program and purchase four (4) additional spaces from the City.
NOW THEREFORE, in consideration of the mutual promises and obligations
stated herein, the City and Owner do hereby incorporate all terms and conditions in this
Agreement and mutually agree as follows:
1. PURPOSE. The purpose of this agreement is to provide the Owner with the non-
exclusive use of four (4) additional public parking spaces for the benefit of the
development of their property located at 1550 Indian River Drive.
2. FEE. The fee for 4 parking spaces at $3,200 per space, as established by Resolution
R-10-35, totals twelve thousand eight hundred dollars ($12,800.00).
3. PAYMENT AND INTEREST. Owner agrees to make monthly payments to the City
of $250.04 for fifty-five (55) months, plus one remaining payment of $130.73, including
interest at the rate of three and one half percent (3.5%) per annum, in accordance with the
loan summary and amortization schedule in Exhibit A, attached hereto and incorporated
herein by this reference, for a total of $13,883.03. Payment is due to the Citythe first of
every month, starting December 1, 2019.
4. ESTABLISHMENT OF LIEN. This Agreement, and the obligations created
hereunder, is secured by a lien upon the property described in Exhibit B, attached hereto
and incorporated herein by this reference. Such lien shall be of equal dignity with the lien
for taxes and shall be enforceable in the same manner as provided by law, and may be
satisfied at any time by payment thereof, including accrued interest. Upon such payment,
the City shall, by appropriate means, evidence the satisfaction and cancellation of such
lien upon the record thereof. Notice of such lien may be filed in the office of the clerk of
the circuit court and recorded among the public records of Indian River County.
5. COVENANT RUNNING WITH THE LAND. This Agreement shall constitute a
covenant running with the land and shall be binding upon the heirs, successors and
assigns of the parties.
6. NON EXCLUSIVE USE AND OWNERSHIP. The parking spaces are for the non-
exclusive use by the Owner, and the City shall retain fee ownership of the public parking
spaces.
7. LIMITS OF USE. This Agreement confers no rights upon the Owner to place any
advertisement, notices or signage. The City expressly retains all such rights. The Owner
shall make no use of the parking spaces except as specifically authorized in this
Agreement.
8. SUCCESSORS AND ASSIGNS. This Agreement and each of its terms and
conditions shall be binding upon the parties and their respective successors and assigns.
There shall be no assignment of this Agreement or any of the rights or obligations herein,
without the advance written consent of the City.
9. NOTICES. All notices required by this agreement shall be in writing and delivered
either by registered or certified mail to the other party at the address given below:
"City": City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
"Owner": Ellen L. Graff
1841 E. Shell Lane
Vero Beach, FL 32963
Any party may change address or designee by giving written notice of such change to the
other parties.
10. REMEDIES. This Agreement provides the Owner with the necessary parking
spaces required by the Code of the City of Sebastian only during such time as the Owner is
current with respect to her financial obligations described herein. If any party shall fail to
perform any term or condition hereof, and continue such nonperformance for a period of
ninety days after receiving a notice of default, it shall be subject to such administrative,
contractual, and legal remedies as provided by this Agreement, the Code of Ordinances of
the City of Sebastian, and the laws of the State of Florida. Jurisdiction for any court action
filed regarding this Agreement shall be in a court of competent jurisdiction in Indian River
County, Florida.
11. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
12. RECORDING. The City shall be responsible for recording this Agreement in the
Official Records of Indian River County and the Owners shall pay all recording fees. A
copy of the recorded Agreement shall be provided to the Owner by the City within fifteen
(15) business days after recording.
13. EFFECTIVE DATE. This Agreement shall be effective upon the execution of the
last party to sign.
ATTEST:
Jeanette Williams, MMC
City Clerk
By:
Ellen L. Graff
STATE OF
COUNTY OF
CITY OF SEBASTIAN, FLORIDA
By:
Paul Carlisle, City Manager
Date:
Approved as to form and legality for
reliance by the City of Sebastian
only
Jam s SOes, City Attorney
Date:
The foregoing instrument was acknowledged before me this _ day of , 2019, by Ellen L.
Graff, who is personally known to me or produced . (identification)
SEAL
NOTARY PUBLIC
Print Name:
Commission No.
Expiration:
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
EXHIBIT A
Page 1 of
Loan Summary
Monthly payment
$250.04
Loan amount
S12,800.00
� Interest rate
3.5% �
Tenn
56 months
Total of payments
513,883.03
Total interest paid
$1,083.03
Payment Schedule
Beginning Balance
Interest
Principal
Ending Balance
$12.800.00
$37.33
$212.71
$12,587.30
$12,587.30
$36.71
$213.33
$12.373.97
$12,373.97
$36.09
$213.95
$12.160.03
$12,160.03
$35.47
$214.57
$11,945.46
$11.945.46
$34.84
$215.20
$11,730.26
$11,730.26
$34.21
$215.83
$11,514.44
$11,514.44
$33.58
$216.46
$11,297.99
$11,297.99
$32.95
$217.09
511,080,90
$11,080.90
$32.32
$217.72
$10,863.18
$10,863,18
$31.68
$218.36
$10,644.83
$10,644,83
$31,05
$218.99
$10.425.84
$10,425.84
$30.41
$219.63
$10,206.22
yeart and
$10,206.22
$29.77
$220.27
$9.985.95
$9,985.95
$29.13
$22091
$9.765.04
$9 765.04
$28.48
$221.56
$9,543.48
$9.543.48
$27.84
$222.20
$9.321.28
$9,321.28
$27.19
$222 85
$9,098.43
$9.098.43
$26.54
$223.50
$8,874.93
$8,874.93
$25.89
$224.15
$8,650.78
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
EXHIBIT A
Page 2 of 3
$8,650.78
$25.23
$224.81
$8,425.97
$8,425.97
$24.58
$225.46
$8,200.51
$8,200.51
$23-92
$226.12
$7,974.40
$7,974.40
$23.26
$226.78
$7,747.62
$7,747.62
$22.60
$227.44
$7,520.13
year end
$7.520.18
$21.93
$228.11
S7,292.08
$7,292.08
$21.27
$228.77
$7,063.31
$7,063.31
$20.60
$229.44
$6,833.87
$6,833,87
$19.93
$230,11
$6,603.77
$6.603.77
$19.25
$230.78
$6,372.99
$6,372.99
518.59
$231.45
$6,141.54
$6,141.54
$17.91
$232.13
$5,909.42
$5,909.42
$17.24
$232.80
$5.676.62
$5.676.62
$16.56
S233.48
$5,443.14
$5,443.14
$15.88
$234.16
$5,208.98
$5.208.98
$1519
$234.85
$4,974.14
$4.974.14
514.51
$235.53
$4,738.61
year 3 end
$4,738.61
$13.82
$235.22
$4,502.39
$4,502.39
$13.13
$236.91
$4,265.49
$4,265.49
$12.44
$237.60
$4,027.89
$4,027.89
$11.75
$238.29
$3,789.60
$3,789.60
$11.05
$238.99
$3,550.62
S3,550.62
$10.36
$239.68
$3,310.94
$3,310.94
$9.66
$240.38
$3,070.56
$3.070.56
$8.96
$241.08
$2,829.48
$2,329.48
$8.25
$241.79
$2,587,69
$2,587.69
$7.55
$242.49
$2.345.21
$2,345.21
$6.84
S243.20
$2,102.01
$2,102.01
$6.13
$243.91
$1,858.10
year 4 end
$1,858.10
$5.42
$244.62
$1.613.49
$1.613.49
$4.71
$245.33
$1,368,16
$1.368.16
$3.99
$246.05
$1,122.11
$1,122.11
$3.27
$246.77
$875.35
EXHIBIT A
Pale 3 of 3
53
$875,35
$2.55
$247.49
$62786
54
$627.86
$1.83
$248.21
$379.66
55
$379.66
$1.11
$248.93
$130.73
55.52
$130.73
$0.29
$130.73
$0.00
EXHIBIT B
Parcel: 30-39-31-00000.0020-00003.0
Legal Description:
A parcel of land situated in Indian River County, Florida, and described as: commencing on the
mean high water mark of the west bank of the Indian River where the same intersects the South line
of Government Lot 2, Section 31, Township 30 South, Range 39 East, tun West and along the South
line of the said Government Lot 2 a distance of 80.05 feet to the East Right of Way line of the Old
Dipe Highway (also known as the old State Road No. 5 and the Old U.S. HighwayNo.l); thence
Northwesterly and along the said East Right of Way line of the Old Dixie Highway a distance of
171.35 feet; thence East, and parallel with the South line of Government Lot 2, a distance of 88.23
feet to the mean high water mark of the West bank of the Indian River, thence Southeasterly along
the West bank of the Indian River to the point of beginning and also aparcel of submerged land in
the Indian River in Section 31, Township 30 South, Range 39 East, Indian River County, Florida,
lying adjacent and Easterly of and Riparian to that certain parcel of upland as described in Official
Record Book 17, Page 389, of the Public Records of Indian River County, Florida; said parcel also
being that pan of the submerged land parcel described in that certain deed from the tmstees of the
Imunal Improvement Fund of the State of Florida to Charles R. Beesley and Robert E. Beesley,
recorded in Official Record Book48, Page 502, Public Records oflndian River County, lying within
the established bulkhead line, said submerged land parcel being more particularly described as
follows: beginning at the point ofintersection of the South line of Government Lot 2 ofsaid Section
31 and the mean high watermark of the West shore of the Indira River, same being the Southeast
comer of land described in said Official Record Book 17, Page 389, said point of beginning also
being 11657 feet Eastof the centerline of Old U.S. Highway No.1; thence ruallorth 70045' East a
distance of 145.50 Feet, more or less to the established bulkhead line along the West shoe; of the
Indian River, thence run Northwesterly along said bulkhead line, said bulkhead line being 250.00
feet Easterly and parallel to the centerline of Old U.S. Highway No. I a distance of 168.64 feet;
thence run South 70°45' West a distance of 138.06 feet, more or less, to a point on the !Wean high
water line of the West bank of the Indian Kivu said point being the Northeast comer of said land
described in said Official Record Book 17, Page 389 and lying 124.75 feet East of the centerline of
Old U.S. Highway No. 1; thence meander said mean high water line in a Southeasterly direction to
the pointofbeginning, LESS AND EXCEPTING THE FOLLOWING: From a point of beginning at
the intersection ofthe South line of Government Lot 2 ofSection 31, Township 30 South, Range 39
East, Indian River County, Florida, and the mean high water mark of the West bank of the Indian
River, run West along said South line of Government Lot 2, a distance of 80.05 feet, more or less, to
the East Right of Way of Old U.S. Highway No. 1, said Right of Way being 66.00 feet in width;
thence run North 25°2T West along said East Right of Way line a distance of 71.35 feet; thence run
Fast, parallel to the South line of said Government Lot 2, a distance of 94.89 Feet; thencenmNorth
70*45' East, adistance of 132.03 feet to the established bulkhead line; thence tun South25M' East
along said bulkhead line a distance of66.43 feet; thence rnn South 70045' West a distance of 145,50
feet to the point ofbegimung on the mean high waterline of Indian River and the South line of said
Government Lot 2.