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Home My WebLink AboutR-21-30 AMH Parking in Lieu3120220014636 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK'. 3518 PG'. 1339 Pagel of 6 3/8/2022 928 AM RESOLUTION NO. R-21-30 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION FOR PROPERTY OWNER AMH INVESTMENTS, INC. IN THE PARKING -IN -LIEU PURCHASE PROGRAM AND COVENANT RUNNING WITH THE LAND, FOR PROPERTY LOCATED AT 1201 INDIAN RIVER DRIVE, 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, AMH Investments, Inc. wishes to participate in the Parking -In -Lieu Purchase Program and purchase four (4) parking spaces for property located at 1201 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 Purchase Program 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 All resolutions or parts of resolutions in conflict herewith are hereby repealed.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 Manager's 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 council member Dodd The motion was seconded by vice mayor Jones vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartlan Council Member Christopher Nunn and, upon being put to a aye aye aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 23id day of February, 2022 CITY OF SEBASTIAN, F ORIDA By: Mayo Hill ,4ATTEST:///T��-�EST: _AA'll t Wixt�[9tha J , anette WilliamsMMC J ....• 'Y Y City Clerk Approved as to fo content for Areltanithe of eb ian only: , Jr., ATTACHMENT A PARKING -IN -LIEU PURCHASE PROGRAM 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 AMH Investments, Inc., as "Owner", of the property located at 1201 Indian River Drive, Sebastian, Florida, and described in Exhibit A. 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 recently approved site plan for the subject property, which separates the property from a joint site plan with 1208 U.S. Highway #1 approved in 1999 and now establishes an unconnected plan, requires 9 parking spaces (after two parking exemptions granted for an historical structure, per Land Development Code Section 54-3-15.4(c)), and provides 5 on site; and WHEREAS, the Owner has decided to participate in the Parking -In -Lieu Purchase 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 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 four (4) additional public parking spaces for the benefit of the development of their property located at 1201 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. The City is in receipt of $12,800.00 cash received from the Owner as payment of the fee. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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 "Owner": AMH Investiments, Inc. City of Sebastian 1831 Sandalwood Road East 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. 9. 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 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. 10. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 11. RECORDING. The City shall be responsible for recording this Agreement in the Official Records of Indian River County and the Owner 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. 12. EFFECTIVE DATE. This Agreement shall be effective upon the execution of the last party to sign. CITY OF SEBAST REDA: By. / Date: February 24, 2022 Pail Carlisle, City Manager STATE OF FIARIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 24th day of February , 2022, by Paul Carlisle, who is personally ]mown to me. SEAL kNo.54261 ARPrint NaE. Testa Commis Expiration: 2/16 20255 ryk_ CATHERINEE.TESTA CommhegnWHH 051261 ?; Erplres FeEnury 18,2025 aoNeEThuTny FUNNwerce sD0.MSia18 Date: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this ray of 2022, by Robert J. Bruno, who is persormtly known to me or produced 0drnrifi ). 6W'�Ji Met Plena -Noel Notary Public Stets of Florida W My Cemmlaslon Explma09t06/2023 cemmlaalon No. 00 342496 L11ii.— — /A EXHIBIT A Indian River County Tax Parcel: 31-39-06.00000-0050-00007.0 Legal Description: COMMMENCE AT NW COR OF GOV LOT 5, RUN SLY ALONG W BDRY 382.06 FT TO S R/W LINE OF MAIN ST; WHICH HAS 80 FT RIW; RUN N 83 DEG 25 MIN 31 SEC E 179 FT TO IRON PIPE AT SE COR OF NEW US #1 HWY & MAIN ST; RUN ALONG NE E RIW OF NEW US #1 HWY S 17 DEG 29 MIN 29 SEC E 395.90 FT TO AN IRON PIPE; N 73 DEG 08 MIN 31 SEC E 205.00 FT TO A CONCRETE MONUMENT FOR POB: RUN S 17 DEG 29 MIN 29 SEC E 120.00 FT TO CONCRETE MONUMENT ON N R/W LINE OF WASH PL; ALONG N RIW LINE OF WASH PL N 73 DEG 08 MIN 31 SEC E 66.70 FT TO CONCRETE MONUMENT AT COR OF WASH PL & OLD US #1 HWY; ALONG W R/W LINE OF OLD US #1 HWY N 25 DEG 29 MIN 29 SEC W 121.48 FT TO CONCRETE MONUMENT; RUN S 73 DEG 08 MIN 31 SEC W 49.70 FT TO POB AS R BK 55 PP 113