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Home My WebLink AboutR-21-15 Zambelli - Parking in Lieu3120210055501 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH. CLERK OF COURT INDIAN RIVER COUNTY FL BK. 3450 PG1227 Pagel of 8 8/42021 7:59 AM RESOLUTION NO. R-21-15 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION FOR PROPERTY OWNERS TIMOTHY C. McNAMEE AND PATRICIA ZAMBELLI IN THE PARKING -IN -LIEU PURCHASE PROGRAM, LIEN AGREEMENT AND COVENANT RUNNING WITH THE LAND, FOR PROPERTY LOCATED AT 1623 U.S. HIGHWAY #1, UNIT A-3, SEBASTIAN, FLORIDA; PROVIDING FOR CONFLICTS, 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, Timothy C. McNamee & Patricia Zambelli wish to participate in the Parking -In -Lieu Purchase Program and purchase two (2) parking spaces for property located at 1623 U.S. Highway #1, Unit A-3; 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 Purchase 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 All resolutions or parts of resolutions in conflict herewith are hereby repealed.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 fling 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 Hill The motion was seconded by MCPartian and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice -Mayor Jim Hill aye Council Member Fred Jones aye Council Member Bob McPartlan aye Council Member Christopher Nunn aye The Mayor thereupon declared this Resolution duly passed and adopted this 28" day of July, 2021. CITY OF SEBASTIAN, FLORIDA By: Mayor E DoddtGdDodd ATTEST: j✓u t GU.�24carna anette Williams, MMC Clerk Approved s to form d con t for reliange the Ci of ebn only a sq. Ci Attor ey ATTACHMENT A PARKING -IN -LIEU PURCHASE 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 Timothy C. McNamee and Patricia Zambelli, as "Owners", of the property located at 1623 U.S. Highway #1, Unit A-3, Sebastian, Florida, a unit in a commercial condominium known as Sebastian Executive Building. 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 purchase parking to meet their parking requirements; and WHEREAS, the recent issuance of a Business Tax Receipt changing the use for the subject unit from office to medical use requires 2 additional parking spaces; and WHEREAS, the Owners have decided to participate in the Parking -In -Lieu Purchase Program and purchase two (2) additional spaces from the City. NOW THEREFORE, in consideration of the mutual promises and obligations stated herein, the City and Owners 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 Owners with the non-exclusive use of two (2) additional public parking spaces for the benefit of the development of their property located at 1623 U.S. Highway #1, Unit A-3. 2. FEE. The fee for two parking spaces at $3,200 per space, as established by Resolution R- 10-35, totals six thousand four hundred dollars ($6,400.00). 3. PAYMENT AND INTEREST. Owners agree to make monthly payments to the City of $149.00 for forty-six (46) months, 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 $6,848.00. Payment is due to the City the first of every month, starting August 15, 2021. 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 Owners, and the City shall retain fee ownership of the public parking spaces. 7. LIMITS OF USE. This Agreement confers no rights upon the Owners to place any advertisement, notices or signage. The City expressly retains all such rights. The Owners shall make no use of the parking spaces except as specifically authorized in this Agreement. 8. SUCCESSORS AND ASSIGNS. This Agreetent 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": CityManager "Owners": Timothy McNamee & Patricia Zambelli City of Sebastian 940 Crescent Beach Road 1225 Main Street Vero Beach, FL 32963 Sebastian, FL 32958 Any party may change address or designee by giving written notice of such change to the other parties. 10. REMEDIES. This Agreement provides the Owners with the necessary parking spaces required by the Code of the City of Sebastian only during such time as the Owners are current with respect to their 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 Owners 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: Avl,,uA W�.QD� Mette Williams, MMC sty Clerk OWNERS: M CITY OF SEBASTIAN, FLORIDA Car slag, City Manager C. ilrr rl trio - Approved as to form and le ality for reliance by a City eb ti only Y o r. I mey Date: Date: a q COUNTY OF INDIAN RIVER t j The foregoing instrument was acknowledged before me this �II day of J ut I _ , 2021 by Tic C. McNamee & Patricia Zambelli, who are personally known to me or both duced L� (identification). a Naar Poexc sure a rwnm Name Lmoe Goemlea pc Iy Camn��an GG f]nir SEAL y,d� EMIBr Ii21f1aR1 NOTARY PCIC /e 1 Priat Neme: )f Commission No. J=7 Expiration: Loan Amount: $6,400.00 Interest Rate: 3.50% Total of Payments: $6,848 Amortization Schedule Date interest Aug, 2021 $19 Sep, 2021 $18 Oct, 2021 $18 Nov, 2021 $18 Dec, 2021 $17 Total 2021 $90 Jan, 2022 $17 Feb, 2022 $16 Mar, 2022 $16 Apr, 2022 $16 May,2022 $15 Jun,2022 $15 Jul, 2022 $15 Aug,2022 $14 Sep, 2022 $14 Oct, 2022 $13 Nov, 2022 $13 Dec, 2022 $13 Total 2022 $175 Jan, 2023 $12 Feb,2023 $12 Mar, 2023 $11 Apr, 2023 $11 May, 2023 $11 Jun,2023 $10 Jul, 2023 $10 Aug,2023 $9 Sep, 2023 $9 Oct, 2023 $9 Nov, 2023 $8 Dec, 2023 $8 (Total 2023 $11a EXHIBIT A Term: Monthly Payment: Total Interest Paid: Principal $130 $131 $131 $131 $132 $655 $132 $133 $133 $133 $134 $134 $134 $135 $135 $136 $136 $136 $1,611 $137 $137 $138 $138 $138 $139 $139 $140 $140 $140 $141 $141 $1,668 46 Months $149.00 $448.00 Balance $6,270 $6,139 $6,008 $5,877 $5,745 $5,745 $5,613 $5,481 $5,348 $5,214 $5,081 $4,947 $4,812 $4,677 $4,542 $4,406 $4,270 $4,134 $4,134 $3,997 $3,860 $3,722 $3,584 $3,446 $3,307 $3,168 $3,028 $2,888 $2,748 $2,607 $2,466 $2,466 1 Page 1 of 2 EXHIBIT A (CONTINUED) Date Interest Principal Balance Jan, 2024 $7 $142 $2,324 Feb,2024 $7 $142 $2,182 Mar, 2024 $6 $143 $2,039 Apr, 2024 $6 $143 $1,896 May, 2024 $6 $143 $1,753 Jun,2024 $5 $144 $2,609 Jul, 2024 $5 $144 $1,465 Aug, 2024 $4 $145 $1,321 Sep,2024 $4 $145 $1,176 Oct, 2024 $4 $145 $1,030 Nov, 2024 $3 $146 $884 Dec,2024 $3 $146 $738 ITotal 2024 $59 $1,728 $738 Jan,2025 $2 $147 $591 Feb,2025 $2 $147 $444 Mar, 2025 $1 $148 $296 Apr, 2025 $1 $148 $148 May, 2025 $0 $148 $0 Total 7025 $6 $738 $0 l Page 2 of 2 EXHIBIT B Legal Description per Warranty Deed: Unit No. 3, more particularly described as Suite A-3, SEBSTIAN EXECUTIVE BUILDING, according to the Declaration of Condominium, together with an undivided share in the common elements appurtenant thereto, as set forth in the Declaration of Condominium recorded in Official Record Book 701, Pages 2015 through 2103, inclusive, and all exhibits and amendments thereto, all recorded in the Public Records of Indian River County, Florida.