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04262000
I I I , I City of Sebastian 1225 Main S!reet Sebastian, Florida 32958 REGULAR CITY COUNCIL MEETING AGENDA PACKET WEDNESDAY APRIL 26, 2000 7:00 PM City of Sebastian, Florida Subject: Resolution R-00-25 $:~v~ for Sub~. Manager Agenda No. Department Origin: City Manager Date Submitted: 4-26-00 For Agenda off 4-26-00 Exhibits: Federal. Preemption alert dated 4/21/00 and Proposed Resolution R-00-25 EXPENDITURE tLEQUIRED: N/A AMOUNT BUD GETED: N/A APPROPRIATION REQUIRED: SUMMARY The attached correspondence outlines model legislation, pending in approximately 20 states that would simplify tax bases and streamline the collection of sales taxes on remote commerce (sales over the Intemet as well as mail order.) If the moratorium on new taxes were to be extended it would seriously jeopardize the ability of state and local governments to ever collect revenues on e-commerce and would preempt model legislation being considered by officials in approximately 20 states. Resolution R-00-25 urges congress to oppose the extension or expansion of the Internet Tax Moratorium authorizing states to require collection of remote sales and use taxes if states simplify their sales tax system. RECOMMENDED ACTION Move to adopt Resolution R-00-25, delaying congressional action on internet tax moratorium. Section 3. If state and local governments choose to negotiate a brief extension of the existing moratorium as part of a broader bill, such an extension: Should only be effective for a short period of time (no more than two years); and Must be linked to states' successfully implementing sales tax simplification, which would trigger Congressional authorization of expanded duty to collect use taxes on remote sales. Section 4~ This Regolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice Mayor Ben Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward Majcher The Mayor thereupon declared the Resolution duly passed and adopted this __ day of ,2000. CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to form and legality for reliance by the City Of Sebastian only: Richard Stringer, City Attorney local governments to ever collect revenues on e-commerce. It would lock-in the UNLEVEL playing field between local retailers and e-tailers. And it would preempt the model legislation being considered by the elected officials in approximately 20 states (with more states surely to follow). ICMA - along with the National League of Cities, the National Association of Counties, U.S. Conference of Mayors, the National Governors' Association, National Conference of State Legislatures, and the Council of State Governments-supports this "model legislation" approach. These organizations of state and local govemments are fighting hard to prevent the federal government from preempting a fundamental right of state and local government to finance itself to provide education, public safety, roads, and all of the other services essential to the citizens and businesses we serve. But the one-on-one contact that you have with your Senators and Representatives (in person, via phone, fax, or e-mail) will make the difference in the final results. How does this legislation affect your local government? Well, if your local government levies a local sales tax, the long-term effect of this legislation is obvious. But even if you don't levy a local tax, it will significantly affect you. In nearly every state, it will affect state revenues that support aid to local governments. And, if state revenues dry up, states will be increasingly likely to reduce state services, thereby shifting responsibilities to local governments. And local governments, as we all know, are at the end of the fiscal food-chain in the federal system. Local taxes will increase or the needs of citizens will go unmet--and probably both. Attached below is additional information provided by the National Association of Counties on this issue as well as an electronic version of a boilerplate resolution for your city council or county board to consider. The Senate will return on April 25 and the House on May 2. Time is of the essence. For additional information on this issue, visit ICMA's Web site (http://icma.org). Sincerely, Bill Hansell Executive Director International City/County Management Association This e-mail message provides you with information about ICMA products, services, and activities that could save your local government time and money. To sign up to receive periodic information about specific topics that interest you, or to request that you not receive future e-mails, please click the link below: http://icma.org/interests/profile,cfm?lD=380046273 COUNTY, STATE RESOLUTION ON DELAYING CONGRESSIONAL ACTION ON INTERNET TAX MORATORIUM WHEREAS out-of-state remote sellers who conduct sales via the Internet, mail order, and phone are not required by law to collect existing sales and use taxes imposed by state and local governments; and WHEREAS the primary barrier to collecting taxes on remote sales is the Supreme court's ruling in Quill V. North Dakota which defers to Congress to authorize sates to require remote sellers to collect taxes in a manner that does not unduly b~den Interstate commerce; and WHEREAS state and local governments are working together to implement a streamlined sales tax system that would simplify de£mitions, tax rates and tax bases and use 21~t Century technology in the collection process; and WHEREAS current laws create a competitive disadvantage and great inequities between merchants who sell from traditional '*brick- and -mortar" establishments and those who sell from electronic stores; and WHEREAS increasing sales on the Intemet, and the resulting erosion of sales and use tax revenues, will limit the ability of states and governments and school disu-icts to finance essential public services such as police, fire, emergency medical service, education, social services, infrastructure development, and healthcare; and WHEREAS a recent University of Tennessee study estimates that state sales tax revenue losses in 2003 will exceed $10 billion; and WHEREAS the Advisory Commission on Electronic Commerce failed to reach a legally required consensus on fair and equitable treatment of both remote sellers and "Main Street" retailers and also proposed that Congress preempt state and local sovereignty guaranteed by the U. S. Constitution: THEREFORE BE iT RESOLVED that County supports simphfication of state and local sales taxes, and urges states to move expeditiously to develop and approve model simphfication legislation; and BE IT FURTHER RESOLVED that Congress should not extend or expand the current moratorium until its expiration in October 2001; and BE IT FURTHER RESOLVED that if state and local governments choose to negotiate a brief extension of the existing moratorium as part of a broader bill, such an extension: Should only be effective for a short period of time (no more than two years); and Must be linked to states' successfully implementing sales tax simplification, which would trigger Congressional authorization of expanded duty to collect use taxes on remote sales. CITY COUNCIL MEETING DATE: ITEM NO. / ROLL CALL 1 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill SECOND ITEM NO../.~ ROLL CALL Mr. Bishop Mr. Barczyk Mr. Majcher/ Mr. Hill Mayor Barnes MOTION /~ ' ITEM NO. ROLL Mr. Barczyk v/ Mr. Majcher /' Mr. Hill ,,/ Mayor Barnes~~' Mr. Bishop v~ ITEM NO. ///Z3 ROLL CALL 4 MOTION MOTION ~.-Oo --. I'7... SECOND SECOND ITEM NO. ROLL CALL $ Mr Hill ~/ M;yor Barnes Mr, Bishop -_/?// MOTION 5- SECOND CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL Mayor Barnes ,/' Mr. Bishop Mr. Barczyk '/' Mr. Majcher/ Mr. Hill s co. ITEM NO. ROLL CALL Mr. Bishop ,/' Mr. Barczyk,,~ Mr. Majche/r Mr. Hill ,/ Mayor Barnes MOTION ,/H'/.~ SECOND ITEM NO. ROLL CALL Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop MOTION ,~_~,~ SECOND~ ITEM NO. ROLL CALL 4 Mr. Majcher× Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk ITEM NO. ROLL CALL 5 Mr. Hill Mayor Barnes .'/ Mr. Bishop Mr. Barczyk ~'/ Mr. Majcher MOTION MOTION SECOND SECOND CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL Mayor Barne,s/~ Mr. Bishop Mr. Barczyk Mr. Majcher/~" Mr. Hill MOTION SECOND ITEM NO. ROLL CALL Mr. Bishop Mr. Barczyk Mr. Majcher Mr, Hill '"" Mayor Barnes iTEM NO. ROLL CALl. Mr. Barczyk ~" Mr. Uajcher ~ Mr. Hill ,~"/ Mayor Barnes f,~'" Mr. Bishop ~ ITEM NO. ROLL CALL 4 Mr. Majche,~,.~ Mr. Hill Mayor Barnes ~v' Mr. Bishop ~/ Mr. Barczyk tv' ,,,.J MOTION ~0"'- SECOND MOTION //~'~ SECOND /14,?' SECOND ITEM NO. ROLL CALL $ Mr. Hill ~" Mayor Barnes Mr. Bishop J Mr. Barczyk ~ Mr. Uajcher ~ MOTION CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL Mayor Barnes Mr. Bishop ,/ Mr. Barczyk ,,/ Mr. Majcher Mr. Hill MOTION~ SECOND~ iTEM NO. O ROLL CALL Mr. Bishop Mr. Barczyk Mr. Majcher ,/ Mr. Hill Mayor Barnes MOTION~~L,) ITEM NO. ROLL CALL 3 Mr. Barczyk ~" Mr. Majcher ,,"" Mr. Hill ~ Mayor Barnes Mr. Bishop ~ MOTION /¥'~ SECOND ITEM NO. /0 ~ ROLL CALL az Mr. Majcher Mr. Hill Mayor Barnes ,/' Mr. Bishop Mr. Barczyk MOTION /~~ SECOND ITEM NO. LR_OLL (;ALL Mr. Hill ,/' Mayor Barnes ,-" Mr. Bishop Mr. Barczyk Mr. Majcher SECO.O I¥ L SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 26, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3, 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Dr. Ronald Thomas, Sebastian United Methodist Church. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Presen[; City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Growth Management Director, Tracy Hass Finance Director, Mark Mason Deputy City Clerk, Sally Maio Regular City Council April 26, 2000 Page Two ~.GENDA MODIF[CA_'[IONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) The City Manager requested addition of an item under presentations relative to a letter from Donna Starck regarding safety of sandhill cranes on Barber Street. 00.099 00.1 O0 6. PROCI_A~ATIONS. ANNOUNCEMENTS AND/OR Pi~I~ENTATIONS A. Proclamation -Municipal C[e[l~s Week - 4/30/00 - 5/6/00 - City Clerk, Kathryn O'Halloran ACCel)ting Mayor Barnes read and presented the proclamation to City Clerk, Kathryn O'Halloran. Presentation - Yacht Club R@strooms new [~onna Starck - ~andhill Cranes _CITY UANAGER MATTER~ ,~ ,,_ 10. CITY COUNCIL MAT[EI~ A, Mr. Barczyk Co O0,101 Mayor Barnes 1. Mr, & Mrs. H. Williamson - Apprgve Placement of Donated Beach in Rive.rfront (Williamson I_ettelr) 11. 00.087 00.102 O0. f 03 00.104 CONStaNT AGENDA All items on the consent agenda am considered mu#ne and wi~ be enacted by one mo#on. There w~ be no separate ~scussion of consent agenda items unless a member of City Council so requests; in which event, ~he item ~ be removed and acted upon separately. A. Approval of Minutes - 4/12/00 Regular Meeting, 4/19~00 Workshop Resolution No. R-00-19 - Supporting Redistricting for County Commission and School Board (Transmittal 4/20/00, R-00-19) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADVOCATING REDISTRICTING FOR COUNTY COMMISSION AND SCHOOL BOARD TO REFLECT POPULATION INCREASES IN NORTH COUNTY AND PROVIDE MORE DIRECT REPRESENTATION TO SAME; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Modify 1/14/97 Interlocal Agreement Between City, Indian River County and Nelson Hyatt for Constructing Improvements to Barber Street Between FEC RR and US 1 to Identify Nelson and Marie Hyatt as UDevelopers" (IRC Deputy County Attorney Collins Letter 4/11/2000, Modification, Original Agreement) Approve Tentative Fiscal Year 2000-2001 Budget Calendar (Finance Director Transmittal 4/18/00, Tentative Budget Calendar) Approve Sebastian River Art Club Use of Riverview Park for 2000/2001 Shows (City Clerk Transmittal 4/10/00, Russell Letter) The City Manager read the consent agenda. MOTION by I move to approve items A, B, C, D and E of the consent agenda. 00.088B 12. PUBI.~ HEARIN{~ Procedures for publlc headngs: (F~-99-21) · Mayor Opens Hea/fng · A~orney Reads Or~nance or Resolution · Staff Presentation · Public Input. Limit of Ten Minutes Per Speaker · Staff Summa#on · Mayor Closes Heatfng · Counc~ Ac#on Anyone Wishing to Speak is Asked to Sign Up before the Mee#ng, When Called go to the Podium and State His or Her Name for the Record Ordinance No. O-00-10 - Voluntary Annexatio~ - Boos Development Group, Inc. - Publix - (Growth Management Director Transmitt.~l 4/_!.9/00,, O-00-10 W/i~ocation Map. Lett0r of Request, and Chapter 171.044 FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 5.94 ACRES, MORE OR LESS, LYING WITHIN 1000 FEET OF THE NORTHWEST CORNER OF THE INTERSECTION OF BARBER STREET AND U.S. HIGHWAY 1; PROVIDING FOR INITIAL LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABIETY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 4/12/00, Advertised Legal 4/14/00 and 4/21/00, PH 4/26/00) Mayor Barnes opened the public headng at and the City Attorney read Ordinance No. 0-00-10 by title. Mayor Barnes closed the public hearing at MOTION by I move to adopt Ordinance O-00-10. 13. iNTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign- up required - limit of ten minutes for each speaker 14. COMMI'I-rEE REPORTS(RECOMMENDATIONS o0.105 Tree Advisol:Y Board (City Clerk Transmittal 4/17~00, Applications, Member List, Ad) 1. Interview, Unless Waived and Appoint as Follows: a. One Regular Member Term to Expire 4/2002 b. One Regular Member Term to Expire 4/2002 c. One Alternate Member Unexpired Term to Expire 11/2000 City Council interviewed Lynn Albury, Charles Cardinale and Beverly Tergedglou-Belle. MOTION by I move to appoint to a regular member position term to expire 4/2002. MOTION by I move to appoint to a regular member position term to expire 4/2002. MOTION by I move to appoint 11/2000. to the alternate member position term to expire 16. 00.057A OLD BUSINESS - None NEW BUSlNF~S ~q~prove and Authorize City Mana(ler to Execute the Continuing Services Agreement Between the City of Sebastian and LPA Group, Inc. for Airport C~)nsultina ServicP~s (City Manager Transmittal 4/~0/0QJ3rop~)sed Agreement) MOTION by I move to approve and authorize the City Manager and City Clerk to execute the Continuing Services Agreement between the City of Sebastian and LPA Group, Inc. for airport consulting services. 00.057B Approve and AuthLorize City Manager to Execute Work Authorization_for the Aimort Master Plan Update Pursuant to the Continuing Service~_A(~reement Between the City o.f.$ebasflan and LPA Group, Inca (.City Manager Transmittal 4/20J0q, Proposed Work Authorj~,afipq) MOTION by I move to approve and authorize the City Manager and City Clerk to execute a Work Order Authorization for the Airport Master Plan Update, pursuant to the Continuing Services Agreement between the City of Sebastian and the LPA Group, Inc. ]0 00.106 Authorize City Manager_to Execute Lea~e Agreement Between B & S investments d/b/~ Sebastian Aero Services and City of Sebastia@ [Clty Manager Transmittal 4/18/00. Proposed Lpase Agreement) MOTION by I move to authorize the City Manager to execute the Lease Agreement between B & $ Investments d/b/a Sebastian Aero Services and the City of Sebastian. 00.~07 Authorize City Manager to Implement the Flodda DCA Grant Project and Appror)riate $9,640 tp Purchase.Eleven Laptor) Computers U_[qder State Bid f~250-040-99-1 for a Total of $21,208 (PQJice Dept, Trar]srnittal 4/17/00. State Contract Specs and Eouipment ListirLg). MOTION by I move to authorize staff to implement the Florida DCA grant project and appropriate a total of $9,640 in funds as stipulated in this transmittal, to purchase eleven laptop computers, under State Bid, at a total cost of $21,208. 00. 'I 08 Award U~iform Contract Bid to Unifirst Corporation of Titusville in the Amount of $5~17 Per Employee Per Week (Public Works Transmittal 4/6/00. BidTabulaU{)r0 MOTION by I move to approve the award of the annual uniform contract to the highest responsible bidder Unifirst Corporation in the amount of $5.17 per employee per week and authorize the City Manager to execute the contract. 00.109 Resolution No. R-00-23 - Authorization for City Manager to Enter Into Four Five Year Lease Agreements with Riverside National Bank for MITA AJ-5050_ Diaital Copiers - P. iggyback Marion CoJjnty Bid (,Finance Director TransmittaL4/19/00L R-0{};23, Copier Cqmparison Summary, Pig.~yback Contract, Mupicipal Lease Contract with Riverside) a RESOLUTION Of THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO FOUR FIVE YEAR MUNICIPAL LEASE AGREEMENTS WiTH RIVERSIDE NATIONAL BANK FOR THE PURPOSE OF LEASING MITA Ai-5050 DIGITAL COPIERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read ResolutiOn No. R-00-23 by title. MOTION by I move to approve Resolution ]4 00.034 Resolution No. R-00-24 - Authorization f~)r City Manage[ to Ar)ply for Small Matching Grant fo_r_ Historical Preservation - Old Se~pstjan Elementary S~:hool/City Hall (City Manager Transm~al 4/20/00, R-00-24) a RESOLUTION OF THE CiTY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A HISTORIC PRESERVATION SMALL MATCHING GRANT FROM THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-0024 by title. MOTION by I move to adopt Resolution R-00-24 authorizing the Ciyt Manager to apply for a small matching grant from the Florida Department of State, Division of Historical Resources for historical preservation to the Old Sebastian Elementary School/City Hall. Ordinance No, O-00-12 - Regulate Elevation of Fill Material at Construction Sites (Ci13, Manager Transmittal 4/20/00. O-00-12,) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 TO REGULATE ELEVATIONS OF FILL MATERIAL AT CONSTRUCTION SITES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-12 by title. MOTION by I move to approve Ordinance 00-12 on first reading and set a public hearing to be held at the Regular City Council Meeting of 24, 2000. 17. ADJOURN (Afl meetings shall adjourn at 10:30 p.m. unless extended for up to one haff hour by a majority vote of City Council) ]6 Master Plan Conceptual Approach Define Key Airport Issues Develop Detailed Scope State & FAA Coordination FORECASTS NOTICE-TO-PROCEED i ' ~d~e~im-m~iate Con~ and Airport Issues INVENTORY Draft Working Paper Technical Committee Meeting Public Meeting FAA Review of Forecasts ALTERNATIVES ANALYSIS Draft Working Paper Technical Committee Meeting Public Meeting Oraft Working Paper Technical Committee Meeting City Commission Driefing Public Meeting Refine and Select Airport Development Options p R 0 ~-E-C T-Fi-N-~, Li~ AT-i- O-N ........... Technical Committee Meeting., Public Meeting ~ City Commission Briefing DRAFT PLANNING DOCUMENTS THE i. PA GROUP ~ AVIA'rlON ¢ONEitJ L,?AN 'I'S bc~ ITl (/') ]> --I (/) © P-'l ]P [- -Ej/ -< (,x). C-] Fq 7[] INiItAN IRIVI,I,.' IIIqlVI Frl -< ~-I 20 ]> ]> I-q (-'] (-) (/) I i~] (il) ~< I _-p LTl t:=J :3= -q F F Z .J Im mm 'm F Fq ~q n F , / , t ,/ , / / ../ INDIAN RIVER DRIVE Z ]> 6q F G~ P~ F F F -q Z -/ / ,/ I i ,I 7 I SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 26, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORiDA I I 0~099 1 AL-L AGENDA ITEMS MA Y BE INSPECTED IN THE.OFFICE OF THE cri'Y CLERK - f225 MAIN STREE*I'~ SEBASTIAN, FLORIDA Individuals will address fha City Council wi~h respect to agenda items in, mediately before delibereSon of the item by t~e Cib/ Council - limit often minutes per speaker (R-99-21) CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Dr. Ronald Thomas, Sebastian United Methodist Church ROLL CALL AGF,.N~MODIFICATIONS (ADDITIONS ANDJOR DELETIONS) Items not on.the written agenda may be.added only upon a majority vote of City Council members (R-99-21) LPROC]..AMATiONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Proclamation - Municipal Clerks Weak - 4/30/00 - 5/6/00 - City'Clerk, Kathryn O'Halloran Accepting I I I 00.100 B. .Presentation - Yacht Club Rastrooms (No Backup) CITY ATTORNEY MATTERS CITY MANAGER MATTERS CITY CJ,ERK It/IATTERS 0o..~0~ $ 5-22 00.087 23-25 00.102 2~38 3~-40. 00.104 4f-42 10. 00.088B 43-50 11, 12. ~ITY COUNCIL MATTERS A. Mr: Barc. zyk B. Mr. Hill C. Mr. Majcher D. Mayor Barnes 1., Mr. & Mrs. H. Williamson: Appr0v. ~.Placement of Donated Bench in Riverfront (Williamson Letter) E. Mr. Bishop CONSENT AGENDA All Items .on the consent agenda ere eonddered tau#ne and ~' be enacted by one me#rm. There w~ be no separate ds~ussl~n of ~onsent .agenda Items unless e member of C~ C,~undi s~ requesto; in which even~ the Eom w~ be removed and acted upon separately. ' ' ' A. Appro.val. of Minutes - 4112/00 RegularMeefing? 4/1-9/00 Workshop" B. Resolution No..R-00-19 - Supporting Redistri~ng for County Commission and School Board (Transmittal 4/20/00, R~00~19) A RESOLUTION C)F 'THE-CI'P¢OF 'SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADVOCATING REDISTRICTING. FOR COUNTY COMMISS ON AND SCHOOL BOARD TO REFLECT POPULATION iNCREASES IN NORTH COUNTY AND PROVIDE MORE DIRECT REPRESENTATION TO 'SAME; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING.FOR EFFECTIVE DATE. C. Modl~ 1/14/97..Interlocal Agreement Betw~e'n City, Indian River County and Nelson Hyatt for Construing Improvements to. Barber street Between FEC RR and US 1 to Identify Nelson and Marie. Hyatt.es ,Developers" .(IRC Deputy County Attorney Collins Leper 4/11/2000, Modification, Original *Agreement) Approve Tentative Fiscal Year 2000-200t Budget.Calendar (Finanoe DireCtor Transmittal 4/1~/00, Tentative .Budget Calendar-) Approve Sebastian River Art Club Use of Riverview Park for 2000/2001 Shows (City Clerk Transmittal 4fl,0/00, Russell Letter) _PUBLIC HEARIN~ Pro=edurss for. pubiC hearings: (R-99-21) · Mayo~ Opens'Hearing · Attorney Reads..Or~nsnoe. or Resolution · Staff Presents#on · PUI~Ii~ Input-.~lmil ef Ten Minutes Per Speaker · Sta~ SummatiOn · Meyer,.C, leses,Hearlng · Go~nc, J Anyone Wishing'to Speak is Asked to Sign Up before the Mea#~g, When Called go to the Podium end State His or Her Name for the Record A. Ordlnan.ce..No. O,00-1'0 - Voluntary Annexpti~p - Boos Deyelopment Grouj~.'lnc..- Pu[~Jtx - (Growth Managftment Director Transm~al 4/19/00i ,.'O-00-10 W/Location ~.ap, ~.etter of Request. ~hapter 171.04'J FS~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION'OF 5.94 AC~RES, MORE OR LESS, LYING'WITHIN 1000 FEET OF THE NORTt,~NVEST CORNER OF THE INTERSECTIDN OF BARBER' STREET AND U.S. HIGHVVAY 1; PROVIDING FG~R..INI~TIAL-LAND' USE AND. ZONING CLA~SIFICATION;'PROVIDING.FOR CONFLICT; PROVIDING FOR SEVERABILI'i~.;*AND PRovIDING FOR AN EFFECTIVE DATE. (1st Reading 4112/00, Advertised Legal 4114/00 and 4/21106, PH 4/26/00) 2 i I I I I I 00.105 51-$1 O0.057A 63-10f 00.057B 63-101 00.106 125-140 00.107 141-144 00.108 145-147 00.109 149-157 13, 14. 15. 16. 00.034 159-162 J[~TRODUCTION OF NJEW BUSINESS FROM THE .PUBI,,I_C~ Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda, sign- up required - limit of ten minutes for each speaker COMMI'['TEE REPORTS/RECOMMENDATIDN~ ]'reeAdv[sory Board. (C .ity Clerk TranSmittal 4/17/00, Applications, Member Ust, Ad) 1. . Interview, Unless Waived and Appoint as Follows: a. One Regular Member Term to Expire 4/2002 b.. One.Regular Member Term. to Expire 4/2002 .c. · One Alternate Member Unexpired Term to Explrs 11/2000 OLD BUSINESS - None NEW BUSlNES~ · .. Approve and Authorize City Manager to Execute the Continuing Services Agreement Between the City of Sebastian and LPA'GrOup, Inc. for Airport Consulting Services (City Manager Transmittal 4/20100,..Pmposed Agreement) Approve and Authorize .City Manager to .Execute Work Authorization for the Airport Master Plan Update Pursuant to the Continuing Services Agreement Between the City of Sebastian and LPA Group.,-Inc. (City Manager Transmittal 4/20/00,. ProPosed Work Authorization). · Authorize City Manager to Execute Lease. Agreement Between B & S Investments d/b/a Sebastian .Aero "serVices and'Cityof Sebastian (City'Ma. nager.Transmittal 4/18/00, Proposed.Lease Agreemen.t) Authoflze Gity Manager to Implement the Flodda DCA Grant Project and Appropriate $9,640 to pumhase Eleven Laptop. Computers Under State. Bid .#250-040-g9-1 for a Total of $21.,208 (Police Dept. -Transmittal 4/17/00, State Contract. Specs and. Equipment,Usting) .Award Uniform Contract' Bidto Unifirst Corporation of Tltusville In the Amount of $5.17 Per Employee Per Week.(PUblic Works Transmittal 4/6/00, Rid Tabulation) .F. Resolution.'No. R-00-23 - Authorization for City Manager~to Enter Into FOur Five Year Lease Agreements with Riverside National Bank for MITA Ai-5050 .Digital Copiers - Piggyback Madon County Bid .(Finance Director Transmittal 4/19/00, R-00~23, Copier Comparison Summary, Piggyback Contract, Municipal Lease Contract with Riverside) ARESOLi.R3ON.OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO'ENTER '.INTO FOUR FIVE YEAR MUNICIPAL LEASE AGREEMENTS WITH RIVERSIDE NATIONAL BANK FOR THEPURPOSE OF LEASING MiTA AI-5050DIGITAL COPIERS; PROVIDING FOR REPEAL'OF REsoLUTIONS OR PARTS.OF RESOLUTIONS IN CONFLICT.HEREWITH; AND PROViDiNG FOR.AN EFFECTIVE DATE. Resolution No. R-00-24.-.Authorization for City :Manager to Apply for Small Matching Grant for Historical.Preservation - Old Sebastian Elementary. School/City Hall (City Manager Transmittal. 4/2O/0O, R-0Ck24) A REsOLuTION OF THE-CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CI'Pf MANAGER TO.APPLY FOR A HISTORIC PRESERVATION SMALL MATCHING GRANT FROM THE FLORIDA DEPARTMENT '.OF STATE, .DIVISION OF HISTORICAL RESOURCES; PROVIDING FOR "CONFLICT;" PROVIDING.FOR EFFECTIVE DATE. 00. fl0 H. ~63-166 Ordinance No. O-00-12- Regulate Elevation of Fill Material at Constru~on Sites (City Manager Transmittal 4/20/00, O-00-12) ,N~.ORDINANCE OF THE CITY OF SEBAS~AN INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF oRDINANcES 'CHAPTER 26 TO REGULATE ELEVATIONS OF FILL MATERIAL AT CONSTRUCTION SITES; PROVIDING FOR CONFLICT; PROVIDINGI FOR SEVERABILITY; iPROVIDING FOR AN EFFECTIVE DATE. 17. .ADJOURN (All meeUngs shell a~ioum at 10:30 p.m.. unless extended for up to one hetf hour by e majority vote of City CounoiO ANY PERSON'WHO DECIDES TO-APPEAL ANY DECiSIONM~DE BY THE CITy COUNCIL 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. (288.0105 F.S.) IN COMPLIANCE VVITH THE AMERICANS WlT~.DISABILmES,~CT..(ADA), ANYOHE WHO NEEDS A SPECIAL. ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA.COORDINATOR .AT 589-5330 AT LEAST 48 .HOURS. IN ADVANCE OF THIS MEETING. Hearing Asal~rtanoe Headphones are.Available in the Council Chambers for all Government Mee~inga. I I I I I i [Jocomi0g Meetlnos: Workshop (LDC) -. Wa=fnee~fay, ,5/3/00- Z pm Regular. Meeting- Wednesday, ~qO/2000 - 7.pm Regular Meeting - Wednesday, 5/24/2000 ~ 7 pm i I 4 I i I I I i I I I i I I I I i i i I I EEO£/.VEi) .......... 01T¥ OF SEBASTIA'N OFFICE 0F, CITY CLEE~ April 7. 2000 Mr, wal. te~ Barnes City-Council Sebastian, Fi0rida Dear Mr. Barnes: I respectively request to be granted permission by the membem of the City Council to donate a granite Park Bench exactly like' the one that has been donated to the City by another resident. The benches are extremely beautiful and am very durable and are accepted favorably by recreational parks all over the country. As the cost of these benches is approximately $675.00 I want to be sure that my request is approved before I purchase one. It would be placed on Indian River Drive as the other bench is. The beautyand durability of this bench enhances the appearance of the riverfront and I am sum that you will agree. Please be kind enough to call me as soon as your decision is made. TELEPHONE if 589-6130 Mr. and' Mrs. H. Williamson 2, 3. 4. · SEBASTIAN CITY COUNCIL MINUT'ES · REGULAR MEETING WEDNESDAY, APRIL 12, 2000 -7:00 P.M, CITY COUNCIL CHAMBERs 1225 MAIN STREET,..SEBASTIAN, FLORIDA Mayor Barnes called the Regular.MeeUng to' order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was. given by Police Chaplain Frank Camillo, First Baptist Church, Barefoot Bay. ROLl., CALl. City Council.Pm~e.[~t: · Mayor Walter Barnes Vice Mayor Ben.A. Bishop Mr, Joe BarCzyk Mr, Edward.J. MajChsr, Mr~ James Hill · Staff Present; City Manage[, Terrence Moore City Attomey, ·RiCh·Stringer · City Clerk~.Kathryn .O~Halloran Growth:Management'Director, ~racy Hess Chief of Police, Randy White Finance Director, .Mark ·Mason Assistant Public Works .Director,' Jerry Converse Deputy C?ty Clerk, SallyMaio Regular City Council Mael~ng April 12, 2OOO Page Two AGE/gDA MoDJF!GATIOI~S.(ADDITION~ANDI0R DELETIONS) Items not on the writte~t agenda may be added only upon a rnejoriJy vote of City Council members (R-gg-21) The City Attorney requested addition of the folloWing Items to the agenda: !)partial release of utility easement; and 2) claim of estate. There Was no'objection from Council. Mayor Barnes asked if the Publix annexation should take' place prior to the Preliminary Plat approval; and the City Attorney advised, him that one .of the. con~iition.s of the preliminary plat is approval of the annexation. PROCLAMATIONS. ~NNOUNCF. MENTS AND/QR PRESENT/~TION~ 00.082 A. Presentalion.o[ Blue Ribbqrie to C~ c~uncjl b.y Hibiscus Children's Center 00.083 00.084 Judith Martin, Hibiscus Children's Center presented blue ribbons to City Council and urged they be worn in recognition of April being Child Abuse Prevention Month. Preseyitation of certificate - EmPloYe'e o. th~ Fourth Quarter 199~ - Nancy Veldt Mayor Barnes~presented a plaque to Employee of the Fourth 'Quarter 1999 Nancy Veldt, .P~oclamatiOp - Natiopal Nurses VYeek- lYlay 6-12, 2000 -Inez~-Fieldlng. 'R.N,- America, In Nurses ~ssociation and .FiQrJda Nurse~. ~sociat'on 00.085 00.086 , .Mayor Barnes. read and presented the National' NurSes Week proclamation.to Inez Fielding. procla}~ation - Law We_~J~ 2000 -.Je~rlif~ rJ. Huber. Co-Chair. Indian River B[!r Association Mayor Barnes read and presented the L; ~w Week proclamaiton to Jennifer Huber. Pro;lama~on -Florida Confederate Hist, ;~v Month .~ April 2000 - Fi~ Flodda Cow Calvary #1680 Mayor Barnes.read and presented the Florida Confederate History Month to 'a rePresentative of the First Florida Cow Calvary. 00.062 '00.087 F. P£Qclam.~tion - Census Aw_ereness Mortl Mayor Barnes read and presented the C Clark. Ms. Robinson-Clarke said Sebast (~j'l'y ATT~)RNI~Y MATTERS A. Discuss I~eguested Redistricting Resoll~ The City Attorney distributed a draft res[ h - ~pril 2~000 - Eula Rqblnson-Clark. US Local C~ens_us snsus Awareness'Month proclamation to Eula Robinson- an is at the top of the line in responses in this region. Jon eNo Backup) ,lution for Council review and said he would place It on the April'26, 2000 regular meeting agenda.' The'City Attorney reported on today's settlement of the Solgot lawsuIt. 2 Regular City Council Meeting Apd112, 2000 Page Three P~rtial Release of Reserved Rightto U~lize Easq~erLt The City Attorney explained the release and noted this is the St. Johns River Water Management Propelty. MOTION by Barnes/Barczyk "Authorize Mayor and.Clerk to execute a utility release." ROLL CALl' Mayor Barnes - aye Mr. Bishop - aye Mr, Bamzyk - aye Mr. Majcher - aYe -Mr. H!II - aye MOTION CARRIED 5~0 · Claim on,Estate ,of Ann Marie.Fi~J~er The'City Attorney stated the city had received a claim In the amount of $13,000 from the estate of Ann Marie Fisher;.that $10,000 of the funds are covered by the city's liability'insurance; and lhat restitution to the-city could be a condition of probation. MOTION..by Barozyk/Bishop "l·move we accept the recommendation as recommended by the affomey, on the money and sum of paying $3~000.' .ROLL CALL! .Mr. Bishop - aye ,Mr., Barczyk - aye Mr.'Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 The City Affomey said· he is reviewing Proposed park policy and will bring forth a recommendation. ' Cl'rY I~A)~AGER MATTERS Advised that he will .not·submit application for a CDBG Economic Development grant at this lime as previously reported Reported that permits for median welcome signs have been authorized by FDOT, a ribbon cuffing ceremony will be scheduled, the eXisting south sign will be removed by the property owner; and received consensus of Council.to offer the north limit sign to the Historical Society Said there will be a 4/26/00 presentation to respond to question's about Yacht Club restrooms/ -showers " Mr. Barczyk asked if restrooms at the Chamber of Commerce will be opened to the public and the City Manager said;he will address this also. 3 Regular City Council Meeting April 12, 2000 Page Four 9. c~I'Y CI,,ERK J~ATTERS 10. None. ClT~ COUNCII.,MATT~ER.~ A. Vice Mayor Ptsh~ .Received 8 brief update on the Capital Sanitation/Treasure Coast Sanitation matter. Mr. :B~rC~yk TAPE I- SIDE fl (7:47 p.m.) Received consensus on a request for a city letter that he' can take to various claes he will visit on 'his trip to Europe Said he .had .head favorable commentsabout new Riverview Park sidewalks Inquired about the newly Installed barricade on the Fleming Street bddge. C, Mr. Majche$ Inquired further en the bridge repair and the City Manager.said he would update Council after April 17 00.075 Reported that MPC voted 8-1 to Sebastian begin the process to add one more voting member for ~uisitioq, IMP0 citizen qpmmittee. Recreation Committe~ RC Resolutions) Mayor Barnes. 1, .Liaison/[opointments - LaDd/~c (:City Clerk Transmittal 3/2D/00. Mayor'Barn'es made the following appointments: ,Land AcqUisition.Committee- EcI.MaJcher" Indian River-County'Recreation Commltlee - Nancy Diamond Metropolitan Planning OrganizatiOn CitiZen Advisory Commtitae. Harry Thomas MaYor Barnes: · Was.informed the city could not · 'Stated he would call on individu agenda Items try to repossess property. It-had deeded to Cornerstone d Council members in rotation during deliberation of I i Regular City Council Meeting April 12, 2000 Page Five 11. CONSENT AGENDA All Items on ,the consent.agenda are =onddered routine and will be enacted by one mo#on. Them wig be no separate dscussion of consent agenda items unless a member of City Coundl so requests; In wNoh even~ the item wit be removed and e;ted upon separately. A. Approval· .of. Minutes - 3/20/00 Special Meeting, 3/22/00 Regular Meeting The CitY Manager read the consent agenda. MOTION by Bishop/Barczyk '1'11 move to approve the consent agenda item A~' ROLL .CALL: Mr..Barczyk · Mr, Majcher Mr. ·Hill Mayor. Barnes Mr..Bishop - aye - aye - aye ~ aye -aye 12. MOTION· CARRIED 5:0 ~U_ASI-JUDIClAL PUBLIC HEARiNG (Pmoadurss. on,beck,of agenda) Rasp!!~tion Ho. R-0018 -Pub. Ux,.In~li~. River Subdivision Preliminary Plat (Growth Management Transmittal 3J~1/.00. R-00-18. Application. Stal~ Rer)p_rt, El'el~minary ReportJ.o~;alion Map) A .RESOLUTI(gN OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA~ APPROVING'THE PRELIMINARYP '.bAT.FORA SUBDIVISION KNOWN AS PUBLIXINDIAN RIVER SUBDIVISION LOCATED AT THENoRT.-HW. ESTERN CORNER OF THE INTERSECTION'OF' U.S. HIGHWAY 1 AND BARBER STREET; PROVIDING!FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the quasi-judicial public hearing, .and the City Clerk swore in all those Who intended '.to .offer testimony. There.was .no ex-parts communication to be'disclosed. Attorney Warren .Dill and 'David 'Moore, representing applicant Boos Development Group, Inc., presented .the preliminary plat request.and conceptual plans; and responded to questions from Council; briefly touching on the annexation, request and cost share agreement which appear later 'on ,.this ,agenda, The 'Growth Management Director presented the staff· report and recommended approval. Mayor Barnes opened the floor for anyone in favor of or opposed to the request, however, there was no public Input. I Regular City Council Meeting I April 12, 2000 Page Six, The City Afforney read Resolution No, R J00-18 by title. MOTION by Barczyk/HIII q move that we .hold a public hearing and apProve Resolution No. R-00-18 for Publix 'indian River' Subdivision.: ROLL CALL: Mr. Majcher · - aye · Mr. Hill ' - aye Mayor Barnes ' . aye Mr. Bishop ~ aye . Mr. Barczyk - aye . MOTION CARRIED S.0 ' ' ' INTROpUCTJION.OF NEW BUSINESS FROM THE pUBLIC it~rn~that has:ocCurred or was discovered within the Previous six months which is not. otherwise on the agenda, sign- UP required '.tirnlt..of. tet~ minutes.for eaoh..apeaker I! ' ' Sol Neglla, Sebastian, discussed the needed replacement of blue road markers by Indian River County due to the city .'paving project and suggested that restoration, should be included in future contracts; said some members of the Sebastian Property Owners AssOciation believe that not enough drainage work is being done. ' · The City Attorney repOrted On his Progress on reimbursement, procedures for damage to city streets. · ' Rich Taracka, Sebastian, discussed the water shortage; and boat trailer parking at Cavcorp. Mayor BarneS. Called recess at.8;28;P.".m'~ and reConvened the meeting et 8:42 p.m. All members were present. ' .... . 14. coMMI'iTEE REPORT$1REGOMMENDATIONS : . 00.077 A. C~izen.Budge[ Beview Advisory,B~ard (City. ClerkTransmittal', Applications, Boa rd Member Ust, Ad) .1~. Formal. Appointment of Larry Na ~ier and' David Foster for Two Year Terms to 3/2002' 2. InterVlew'~Unless Waived, and Al ~point Two At-Large Members for One Year Terms to 3/2001 ' '' · MOTION.-.B,,y.Barnes/Bishop .I I1' make a motion to appoint La rry Napier to one of the two year terms on the Citizens Budget Review Advisory Board." ROLL CALL: Mr,-Hill - aye ' Mayer ·Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council MeeUng April 12, 2000 Page 8even MOTION· by Hill/Bishop 'l·move to formally appoint David Foster to the'Citizens Budget Review Advisory Board." · ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - eye Mr. Hill - aye MOTION CARRIED 5-0 City Council interviewed Sara Marshall and Richa~ Smith. MOTION by BarczyldBames 'I'd like to make a motion that we reapprove Richard Smith for the Budget Review Board.' (One ·year) ROLL CALL:· MOTION.CARRIED 5-0 'Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr, Hill .-aye Mayor Barnes. ~ ~ aye . MOTION by BishoP/Hill · 'fl'Il move to appoint·Sara Marshall as the second et-large member on the Budget Advisory Committee." (One year) .... ' " ._ ROLL CALL: MOTION CARRIED 5-0 'Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr, Bishop - aye. TAPE fl- ,SIDE i (8:47 p. rn.) 00.067 B. C ode ~Enfor~ement Boa rd (City Clerk Transmittal, 3 APplications, Board Member List, Ad) .1. Interview, Unless Waived, and Appoint Businessman Position with Term to Expire 311/2003 City Council interviewed. JoeI.Kea, and Camille Loughlin-Bowers. Mr. Neuberger was not prssent. MOTION by Majcher/Bishop ,I make a motion to appoint Joel Alan Kea to the businessman position with term to expire March '1,2003." '7 Regular City Council Meeting April 12, 2000 Page Nine ROLL CALL: Mr. MaJche'r Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk - aye' - nay - aye - aye - .nay MOI~ION CARRIED 3-2 (Hill, Barczyk - nay) 15. gED BUSINESS " 00;034 A. ~atus.E~ort or~ Cil~,.Hall Ren°vatioq~ ((~lty'Manager Tmnsmlttal 4/'A/OO. Slid_@ pmsentepon. Life ~,ygle. Cost and Floor Space Requirement) . . The GroWth Management Director preSehted cost analysis on renovation of the existing city hall and .a .new.city hall; and the City Managei p[esented five scenarios (see attached) and sought . dlre.clion, from. COuncil. , TAPE II - SIDE II (g:35 p.m.) Following a. lengthy discussion, It was the lconsensus of Council for staff to proceed. (graft .recommendation .was to direct staff on COuncil's wishes regarding pursuance of grants end continuance off planning/pretiminary design atage for upgrades to.the C/b/Hall comPlex) o0.07o B. US 1 Waterline InstaJlation Re;luests (C~ Manager Traqsmlttal 4!4/00, Greenhalch Letter 3~9/00) The City Manager sought direction from coUncil regarding water line extension requests from U.S. .1 .business owners. It was the consensus of Council that-in the.future, the City Manager need not b~ing the requests to Council each time but should forward them to Indian River County as he receives them. 16. NEW BUSJN.ESS . .i oo. oate A. FirSt'Reading .of ordinance. Ho. O-00-10 ~- V°luntarv Annexation - Boos. Deve_lgpment G['g~ID, inc, - Publix ,.Schedule Public Hf~rino for 4/~l~/00_(Gro~tfth Management Directq[ 3/31/00. I.,etter of_ IReq[lest. O-00:10 W/Locaflol~ Map., and[Chapter 171 AN'ORDINANCE OF'i'HE CFI':Y OF SEBASTIAN,..INDIAN RIYER COUNTY, FLORIDA, PROVIDING FOR THE VO. EglNTARY ANNEXATION OF 5.94 ACRES, MORE OR LESS, LYING WITHIN 1000 FEET OF THE N®RTHWEST CORNER OF THE INTERSECTION OF BARBER STREET AND U.S. HIGHWAY 1; PROVIDING .FOR .iNITIAL LAND USE.AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-~0-10 by title. In response to :Mayor Barnes, Attorney Warren Dill and the Growth. Management Director said their previous Input and recommendations wo~JId serve for this Item. ' Regular City Council Meeting April 12, 2000 Page Nine oo.088C .B, 00.038 C. MOTION by Majcher/Hill "1 make a motion to apProve Ordinance'No. O-00-10, schedule a second reading and public hearing for April 26, 2000." ROLL CALL: Mr..Hill. - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED. 5-0. · _Cost Sharing and Escrow Agre@msnt Between City of Sebastian. Boos DeveloPment. inc, and Warren Dill. Es~l. (City Attorney Transmittal 4/6/00. Agreement) -MOTION by Hill/Majcher fl .move to authoriZe the,City Manager and Clerk to execute the Cost Sharing and Escrow Agreement between City, Boos Development Group, Inc., and Warren W. Dill, Esq.' ROLL CALL: · Mayor Barnes - - aye .Mr. Bishop '- aye Mr. Barczyk - aye Mr. MaJcher - aye Mr. Hill - aye MOTION .CARRIED 5-0 i_Resolution No. R-00-16-.F_jt~al Plat fo[ CC. Urlit One., a Subdivision (Growth Management Director T. ransmlttaL4/3/00. R-00-1~, Elrml Plat Ul~der Separa~te Cov@r.) A.RESOEUTION OF'THECITY'OF SEBASTIAN, INDIAN RIVER COUNTY, APPROVING THE FINAL PLAT'FOR · A SUBDIVISION KNOWN AS;CC.. UNIT'1, A REPLAT OF A PORTION OF SEBASTIAN HIGHLANDS UNIT 11, 16 AND' '17; PRi3,VIDING'FOR CONFLICTS HEREWITH; PROVIDING.FOR EFFECTIVE DATE. The City Attorney road Resolution No. R-00-16 by title. John King.briefly addressed Council noting this was the St. Johns River Water Management District ,property. MOTION by Bishop/Barczyk · "I'd move to adopt Resolution R-00-16 and transmit signed plat for records.' ROLL CALL: Mr. Bishop - aye Mr..Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION.CARRIED 5-0 I Regular City Council Meeting I April 12, 2000 Page Ten 0o.021 D. Approye Payment to ,~jpe~sor of EJectio ~for Administering 3/14/2000 General Electiorl~ in the Art~mt of.,~7.643.2,~ (City Clerk Transmil Iai 3/31/00.. SQE Leffer aj~ Invoice) MOTION by Majchsr/Hill '1 mnake a motion to approve payn lent to the Supervisor of Elections in the amount of $7,643.25 .for the March 14, 2000 Genera Election.' ROLL CALL: Mr. Barczyk - aye · Mr. Majcher ' - aye Mr. Hill I - aye .Mayor Barnes / - aye Mr. Bishop. - aye ' MOTION ~ARRIEDS-O"' ' ".' '. '" : ' ' ' O0.oB9 E. P.flor.Approvat of Expenses fgr City_Clerk lo Attend 20O~.l=lofida AssoCiation of City (~lerks annual ' C,,~nferencs ~ Tam. pa. FL 5/13-17.2000 in~ccordarlce w~th 'State Limitations (City Cjed( Tra.rlsmittal 4/3/00.. Corlference Info~ .' ' '. .... ." MOTION~ by Barozyk/Majcher . - I move,to approve reirnburseme~t of expenses incurred by City Clerk, Kay O'Hallorsn for her attendance-at the FGFOA/FACC AnnUal' COnference In Tampa, Florida on May 13~17, 2000 in accordance with 8tats-limitations.' ' "'I ' " ' ROLL CALL:· . 'Mr. Majcher ~ - aye · Mr. Hill - aye · Mayor Bames - aye ' . ' ' · Mr. Bishop .. .. -aye · · ' .". ' Mr. Barczyk "' ~ aye . ' ." ' MOTION CARRIED 5,0 . ' ' 00.096 F. ~ " P, rior A.~pmvaI Of.J~Xperlses.for Coul~cilrnernbers Barc~y~,, ~ishoD and Hill.to Attend.;~000 Adv..apced Institqte for..l~lected Official - ~/28-4/29 - I~eedield ·Beach. I=1~ (City Clerk TYansmittal ~./3/00. Co~fererlce' info) " .. ' ' MOTION ~ Barnes/Majcher' ,I. Il:make the motion to approve t~e prior approval of expenses for Council Members BarcZYk,.Eiishop and Hill to attend the 2000 Advanced .Institute for Elected Officials on April 28:29, 20O0in Deerfield Beach.' ' ROLL cALL: Mr.·Hill - aye . Mayor Barnes - aye ' Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting April 12, 2000 Page Ten 00.090 G. 0o. O91 00.092 I. .Approve Interiocal Agreement with Indian I~iver County AIIoc~ting..$~.0o.,ooD.from Tr~c Impa_~ Fees fo)' Barber~treet Iml)rovements (City Manager Transmittal 4/6/00. Interlocal Agreement) MOTION by BiShop/Majcher ?11 .make a motion to authorize the Mayor' to execute the Interlocal Agreement between Indian River.County and the City of Sebastian granting a $200,000 allocation from the Traffic Impact.Fee Fund fc)r Barber Street Improvements." ROLL CALL: MOTION CARRIED 5-0 MayOr Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher ~ aye Mr. Hill - aye ReSolution No..R-00-17. ~Pth~).rizlllg City Manager to Ap. Ely for Florida LeagueJ3[ Cities Eqqjpment I. oa[t (Finance Director Transmittal 4/15/00, R-00-1'~, Fjnapce pi[eqtor He. Eno. S.g~ald~)heet. A RESOLUTIGN.OF THE CITY'OF SEBASllAN. INDIAN RIVER COUNTY,. FLORIDA. AUTHORIZING THE CITY MANAGER TO MAKE .APPLICATION TO THE FLORIDA MUNICIPAL LOAN COUNCIL EQUIPMENT FiNANciNG .PROGRAM IN'THE AMOUNT OF $750,000." The FinanceDIractor and Assistant Public Works Director briefly addressed Coundl. MOTION. by Majcher/aarczyk "1 :make .a motion to approve Resolution R-00-17, .authorizing the City Manager to make applicationto the Florida League of. Cities Equipment Financing Program." The .City Attorney read the Resolution by title. ROLL CALL: .Mr. Bishop - aye 'Mr. Barczyk - aye Mr. Majcher - aye Mayor Bames - aye MOTION CARRIED 5-0 Besolution No. R-oo-22 - Authoring City Hp~]~ge]: ~o Erlter Into Four Year Lease Agreemeotwlth. cI. ub Car../nc, (Finance Dire~'tor~'ransmittal 4/5./00, R-00-.22~, Club Ca~r Letter wtAttachments~ A RESOLUTION OF THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER. TO ENTER INTO A FOUR YEAR LEASE AGREEMENT WITH CLUB CAR, INC. FOR THE LEASE OF 86 2000'.CLUB CAR DS POWERDRIVE SYSTEM 48 ELECTRIC GOLF CARS. The'City Attorney read Resolution.No. R-00-22 by title. ]] Regular City Council Meeting Apd112, 2000 Page Twelve oo:o93 J. MOTION by. Barczyk/Bishop ".1 move to approve Resolution R- year.lease .agreement with Club Car, Inc. System 48.Electric Golf Cars in accordan ROLL CALL: .Mr, Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop .MO3~ION CARRIED 5-~ Resolution ~o..R-00-2.0 - Code Enforqen Tran~rnlttal 4]3100. P~-00-20.'List of Vlol~l D0-22, authorizing the City Manager to enter into a four for the, lease of 86 2000 Club Car DS Power Drive :e with the bid price per car of $50.76 per month." ~ aye - aye - aye - aye ~ent Board_ Citation Fees (Grpwth Manage~entDirectol;, ions and Fine ~l~tssifications) A RESOLUTION OF THE I:ITY .OF SEBAS~TIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING CODE ENFORCEMENT CITATION FEES; .PROViDiNG FOR CONFMCT$; AND PROVIDING FOR,AN EFFECTIVE DATE: The City.Attorney read Resolution ,No. R~D0-20 by title.. -The.'CitY.Manager gave.a brief presentation on'the proposed.resolution, Discussion,took place on the approprlatelclass for certain violations. MOTION by BiShop/Barczyk "1 Would move-to'adopt Resolution-No. R-00-20.~ ROLL 'CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr,. Bishop - aye Mr. Barczyk --- - aye 0o. o94 K. MO~iON CARRIED 5-0 police ~ispatQh Consolidation .'Stl~dy ];he..Arrlgui~t,.of $30.000 and' Authqrize C~ M~rmger to Ent~ I.qt~ Contract 0~oltge TransnOl~{tl 3/2~/00, proposed con. tract) The. Ghief of Police presented the request for the dispatch consolidaUon study. MOTION by.Barczyk/Bames =1 .move that we accept the propbsal by the International Association of Chiefs of Police in the amount of $30,000 and authorize the City Manager to enter into a contract agreement with them-to .perform the dispatch consolidatiOn study for the City of Sebastian." Regular City Council Meeting April 12, 2000 Page Thirteen ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 TApE III- SIDE I (10:15 p.m.) 00.095 L. 'Resolution No~B-00-2;I .- Yacht Club/Community Centelr Rerltal and Use of Council Chambem [Cjty clerk Tmns.['nittal 4/3/00, R-00-19) A RESOL-UTION OF THE C[TY oF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, pERTAINING TO THE USE OF THE 'SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT 'CLUB, AND CITY COUNCIL CHAMBERS: PROMULG.ATING'RULES AND 'PROCEDURES FOR.USE OF SUCH FACILITIES; PROVIDING FOR THE-COLLEcTION OF RENTAL FEES, SECURITY DEPOSITS,. AND OTHER CHARGES; PRECLUDING THE .USE .OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVITIES; PROVIDING .FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN C.ONFLICT HEREWITH; AND PROVIDING FOR AN .EFFECTIVE DATE. -The C.ity Attorney read Resolution No. R-00-21 by title. It was the consensus of Council that submittal of applications,Should be either three weeks prior to the date of. use or wo weeks prior to a council meeting. The-C .ItyClerk said she Would Insert the appropriate language. MOTION by. HIII/Bames ' "l~move to adopt. Resolution No. R-00-21 as amended:, ROLL CAI. J_: Mayor Barnes -~ aye Mr..Bishop - aye Mr. BarczYk ~ aye Mr, Majcher - aye Mr, Hill - aye MOTION CARRIED $~0 1.7. Being no'further business, Mayor Bames adjourned the Regular Meeting at 10:25 p.m. Approved at the ,2000 Regular City Council Meeting. ' Kathryn M. O'Halloran, MMC City Clerk 13 Walter Barnes Mayor SEBASTIAN· CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, APRIL 19, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes Called the Workshop. to order at 7:00 p.m. The Pledge of Allegiance Was recited. ROLL CALl. City Council Presen[; Mayor Walter Barnes Vice Mayor Ben A, Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill .(7:05 p.m.) Staff Present; ..... City Manager, .'l'en'ence Moore City Attorney, Rich .Stringer Growth Management Director, Tracy Hass Growth Management. Manager, Jan King DepUty City Clerk, Sally Maio Administrative Assistant, Linda Galley City Council Workshop April 19, 2000 Page Two 4. yVOF~KSHOP ITEMS 00.085 A. Review Proposed Land Development Code Revision Mayor Barnes explained pmcedure;-whereby Council will review each article one at a time, any suggested changes will be done by consensus, and public input will be allowed following Council review, of each article. Article J No -changes ,Article II ' .: ,Page 11-3 - Section 20A-1-2.3. - Char~ge "supply" to "support" Article 111. Page 1!1~3. ~ paragraph 9 - add "State"l before "Department of Business Regulation" and review whether a reference to the COunty Health Department needs to be included Article IV' No changes Article V DiscusSion. on minimum square footage for residential districts took place. The Growth Management Director was directed tO review permits for the last year and come back With some kind of average with an eye to increasing the minimum square footage requirement. .Kelly. Mather and Sal Neglia inquired about replacement or repair of a damaged smaller 'home and whether it would have to be brought up to code and how the increase would affect duplexes. Page v,15. The Growth Management Director' noted that the reference to the outdoor storage exclusion for-mini-storage will be removed. Page V-1,8 - the City Attorney will pr~ hand goods" to .eliminate what .is not Page V-2§ - A,2. paragraph 3 -.DiscL building height limitation. It was the .was appropriate. vide a better definition for "merchandising of second wanted ssion of-how high appurtenances may exceed ;onsensus of council that 20% of the building height I I I I i I I I i I I i I I I City Council Workshop April 19, 2000 Page Three TAPE I- SIDE II (7:48 p.rnJ Page V-42 J.3. - the Growth Management Director was directed to review whether 20 square feet.of net floor area per person in a shelter is a state requirement and report back.. .. Page V-18 ,.C. - the Growth Management Director said he Will remove the reference to "Waterfront Geneml.Commemial' under Commeroial Waterfront Residential conditional uses Page V-18 - D. - COncerns were expressed on the Commercial Waterfront Residential (CWR) district conditional use ~Commercial Retail > 5,000 sq. ff." and 10,000 square foot minimum .lot size. The Growth Management Director was directed to come back with suggestions to either reduce square footage or limit the building footprint size. .DiscUssion teek place °n encouraging multi-use .facilities .in commercial districts and the Growth Management 'Director suggested adding "all.uses as Permiffed in RM-8 districts" to commercial district' permitted uses. Following further.input from the City Attorney on pyramidal zoning and the new urbanism trend, it was the consensus of Council to add the aforementioned language. Mayor Barnes called recess at 8:2D p.m and reconvened the workshop at 8:35 p.m, All members were present. Ad[cie VI .Page VI~5 - paregreph (5) - change "20A-3-13.17" to "20A-14.16" TAPE fl - SIDE i (8:50 p.m,) Page Vl-8.~ ~Fellowing discussion on the staff decrease to 5 acres for mulching operations and,publiC,input, it,was the consensus of Council.to eliminate "Commercial Mulching 'Operations", Page'~VI-9 ,The Growth Management Director noted that .paragraph 1.3 will change based on prior direction on minimum square footage .in the CWR district. Page Vi~I 1 -typos b.(1)b,2. "lots" and b.(1)a. "stables" Page V1-12 - 21.b.(2) - change "CFS" to "State" Article Vii Page .VII-7 - Discussion took place on trellis structures and the City Attorney cited the new .definition which will restrict them to latticework. Page V11-19.-'It was noted that the new code will not permit commercial sandmines. City Council Workshop April 19, 2000 Page Four · Page VII-23 - It was noted that SectiOn 20A-2-7.16 Commercial Mulching Machines would be dele. ted i~.'light ef an earlier consensus on ·deletion of another section. A~cle VIII ' ' :' · No ··changes ' . ' ' 'ArtiqleIX ' ' ' ' ' " No changes ' ·' ~rticle X ' ' " · No changes ' . ' ' City".Cou~¢il .scheduled a workshop ~r May 3, 2000 at 7 pm to continue its review of the .. proposed .Land Develepment'Cede. · · . ' Mayor Barnes adjoumed the workshop at 9:25 p.m. APproved at the . ,2000.Regular Me,ting. Walter Bame~, .Mayor Kathryn M. O'Hallomn, MMC · City Clerk City of Sebastian, Florida Subject: Redistfioting resolution P,.-00-19 ' AGENDA'TRANSMITT~ Agenda NO.. dO- O~ 7 Date Submitted: 4/20/00 For Agenda of: 4126/00 EXPENDITURE REQUIRED: 0 AMOUNT BUDGETED: 0 APPROPRIATION REOUIRED: S~Y: The resolution in support of an equitable redistrioting of the County as discussed at the 4/12/00 Counoil meeting is attached. RECOMMENDED ACTION: Adopt Resolution R-00-19. RESOLUTION ~0. R-00-19 A uesoLtrno/ ov TUe CXT S UAS , C0~ CO--SION ~ $~OOL BO~ TO CO~CTS ~W~; PROLOG FOR E~C~ DA~. W~~S~, the nonhero, so.ion of hdi~ ~wr Count, p~ic~ly, the Ciw of Sebastia~ h~ sust~ed d~a~c ~o~ s~ce dis~s for the Coun~ Co~ssion ~d School ' W~~S, based upon budding p~t ~d other records, it is est~ated by officios of · e CiW that, ye~' 2000 census fi~res ~ de,onshOre that Sebasfi~ ~d its ~ediate s~oun~g ~ea ~ have a s~cient population to just~ a ,rePresentafive di~. ~ md.. of ~~AS, the reminder of~eNoah CounW, beMg that ~ea no~ of 45~ Street, M combination with the ~eas of the Coun~ west of ~teratate 95, should have a a~cient population to support mother representative dist~ Mthout e=endMg the bound~e$ ~ereof Mto' the metropofit~ Vero Beach ~ea. ' ' ' "' ' Section L The Ci~ Council of the City 0f Seba~im does hereby e~ for re~stfi~g of hdim ~ver Coun~ for both ~e Bo~d of Coun~ Comssioners md ~e School Bo~d to create ~o distills ~om the No~ md West Com~ that do not encompass my of the pop~afion of metropo~tm Veto Beac~ so as to' genu~ely r~e~ ~e no~w~d s~ in population over the la~ decade. Section 2. TRANSMITTAL. The City Clerk is hereby directed to transmit a certified copy hereof to the offices of the Board of County Commissioners and the School Board,. the mayors of Fellsmere, Orchid and Indian River Shores, and the local media. Section 31 CONFLICT. herewith, are hereby repealed. Section 4; upon .its adoption. All resolutions or parts of resolutions in conflict EFFE~ DATE. This resolution shall take effect immediately The foregoing ResOlution was moved for adoption by Councilmember The motion was seconded by Couneilmember vote, the vote was as follows: Mayor Walter Barnes ' Couneilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember James Hill Councilmember Edward J. Majcher, Jr. and, upon being put into a The Mayor thereupon declared this Resolution duly passed and adopted this 26th .day CITY OF SEBASTIAN,' FLORIDA . of April, 2000. ATTEST: By: Mayor Walter Barnes Kathryn M. O~Ialloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Telephone: (561) 567-8000 OFFICE OF COUNTY ATTORNEY County A~tomey ~illiam Gl Collins H D~uty County Assistant County I Attorney Telephone: F. xa 1424 Suncom: 224-:I424 (s61) I e-mail: ircattorney~bcc, co. lindian-river.fi, us BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Veto Beach, Florida 32960 April 11, 2000 Terrence Moore, City Manager CITY OF SEBASTIAN. 1225 Main Street Sebastian, FL '32958 · Re: Modification of Interlocal Agreement between Sebastian, the County, and Nelson Hyatt for Constructing Improvements to Barber Street between the FEC Railway and U.S. 1 Dear Mr. Moore: A few weeks ago I spoke with you' about Mr. Hyatt's request to revise the aforementioned agreement to reflect that not only he would be considered developer within the meaning of the agreement, but his wife.as well. Mr. Hyatt's lawyer, Sam Block, confirmed to me that his wife has an interest in the property to be benefited by the impact fee credits which were given to :him in exchange for the .right-of-way for the relocation of Barber Street. Could you please place this modification of the agreement on your City Council agenda for their approval? If approved' by the City, return the original to me .for filing with the Clerk of the Court, and I will provide you with a certified copy of that filed modification. If I can be of any further assistance, please do not hesitate to call me. Yours ·truly, William 'G. Collins II Deputy County Attorney WGC/nhm Enclosure , ! MODIFICATION OF AN AGRjEEMENT BETWEEN I INDIAN RIVER COUNTY, FLORIDA, ,i · .. '.AND ..:. . · NELSON 'HYATT I DATED JANURY 14, 1997 For Constructing Improvements to Barber Street between FEC Railway and US 1 I The above-,cited agreement be.ween the parties is hereby modified I to identify as "Developer' within-the terms and meanings of the Agreement, not only Nelson C. Hyatt, but also Marie Dolores·' Hyatt, .his wife. All' benefits and burdens of the. Agreement shall henceforth inure to both individuals as I "Developer". This MOdification ·shall be effedtive upon filing with the Clerk of the I Circuit Court of Indian River County. ' ' " : IN 'WITNESS WHEREOF, the City, County and Developer have I caused these presents to be executed in th)sir names, the day and year stated 'below. · ... r · . . i Signed·, sealed and delivered : ' NELSON C. HYATT ' / .in the presence of: ": ' ' ":' "':~- ' "' ' '// I '..' ' i ' ~- 't' ' "~ witness sig natu re: (~ ,,~.~<5,.~ · printed name: ~z~°;, i/,',~ F__;.///,~,_j- · ·Nelson C. Hyatt,.Pre~id,~it of ~' i Villages of Lake D°lores~ Inc. and · , .; ~, ' as Individual· .'. ' · Witness signatuare:~..e.,-,~¢_~'./~.c~- · '- ~' ' I printed name:~5;~fl~a /..-. ~'~;f/-T ' Date: ~"~t I Signed, sealed and delivered MARIE DDLORES HYATT in the presence of: ,'~ ., ---- I witness signature: L~~- ' ~ , ' printed name: L,,~//?~,~.~ ~_.~//;,f_( Marie Delores Hyatt .(/ I I~ _ ., '~, Date: witn,es,s signatuare~ .~./~'~.~,[~"' I primea name: ,3--/"~ b, I 3/29/00LEGAL(WGC/nhm) 1 I STATE OF FLORIDA COUNTY OF INDIAN RIVER The fore. going instrument was acknowledged be. lo. re me t.h. is ~ day of .93q~,~.~./,_. , 2000, by Nelson C.: Hyatt, Premdent. of Vdlages of Lake .Dol.ores, Inc., a Florida corporation, on behalf of the c~porp,,t, ion anx~d individually. He is either personally known to me or produced?77'(.a_.. ~,~¢,~,~,. as identification and did not take an oath. ~i ........ ;'"', · :;~;(.(~ :,~ Not~ Pubhc, S~-~e orFloria {i PRINTED SEAL: NOTARY PUBLIC printed nar~e: Commission No.: Commission Expiration: STATE OF FLORIDA COUNTY OF INDIAN RIVER. The fore. going instrument was acknowledged before me this --','3/~""day of "'~~4.. ,2000.0.,~by Marie Delores Hyatt who is either personally known to me or produced ~/~cz~/t~ as identification and.did nOt. take' an '(Jath.' ' NOTARY PUBLIC PRINTED SEAL: 3/29/00LEGALONGC/nhm) 2 Printed rutme: Commission No.: Commission Expiration: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA .,,,.. ~ Fran B. Adams, Chairma ATTE ~T:~~.~,'~;B.,arton, Clerk· ,..?', ~.;..'~'::::";. ¢~";:"',:; Date: 4/l,lJ~l] ' ' , . . ·. ~~.'-'/' "i" Approved for Public Works legal suffioi..e."nb~/.'/'[r~ cY....-" ' matters: _ · William G. Collins II Deputy County Attorney 'Public Works Director STATE OF FLORIDA . COUNTY OF INDIAN RIVER ' The foregoing instrument was acknowledged before me this 11th day of Apr, i '1 ,2000, by Fran B. Adams, as ~Chairman of the Boar~f County Commissioners of Indian River County, Florida wh° is personally known to me and did not take an oath. : ' "' ' ' ': ' ' ' · NOTARY PUBLIC · . printed nafne: · · commission No.: Commission Expiration: PRINTED SEAL' 3/29/00LEGAL(WGC/nhm) CITY OF SEBASTIAN By: By: ' ' . . ' . Deputy Clerk ' '., . ' Approved as to form and Approved for City matters: legal sufficiency: . · · . City Attorney . Terrence Moore' City Manager STATE OF FLORIDA ' ' · ".' " ' ..... ' COUNTY OF iNDIAN RIVER ' ' ' ' ' The foregoing instrument was acknowledged before me this' _ day of ,2000, by Walter Barnes, as Mayor of the City of Sebastian who is personally known to me and did not take an oath. . NOTARY PUBLIC signature: ' printed name: Commission No.: · Commission Expiration: PRINTED SEAL: 3129100LEGAL(WGC/nhrn) 4 .. i'~ ci~ oF SEBASTIAN, NELSON For Constructing Improvements to Barber Strmet between FEC I~/l~oad and US '1 between INDIAN RIVER COUNTY, a political subdfvision %f the State of Florida, 1840 25th street, veto Beachi Florida, 32960, hereafter called "COUNTY", the City of Sebastian,. a! municipality within Indian River County, 1225 Hain Street, Sebastian, ~1. 32958, hereafter called and Nelson C. Hyatt, 9605 S. US 1, SSbastian, FL. 32958-6363 hereafter called "DEVELOPER", and his heirs ore,signs, W~EREA~, the DEVELOPER has constructed a two-labs roadway between Sebastian Highlands Subdivision, Unit ~7 (Bristol Street) end US I along Stratton Avenue Extension, also known as Barber Street ~xtension, hereafter called PROJECT %1, and .! .. If~EREA~, the .DEVSLOP~R is requesting Traffic Impact Fee credits for PROJECT %1, and ~, the COUNTY, CIT~ and D~JELOPER, in conjunction with the construction improvements of the V~llages bf Lake Dolores, Inc. e manufactured home park, located along ~he west side of US i along Barber Street in the City of Sebastian, Fl, p~opose to provide needed right-of- Way, construct roadway relocation, ~rainage, utility relocation and easement abandonment and related impro~ents to Barber Street ~xtension (~aOJ~CT %1) along the east 600' foriits proper alignment with Pelican Point driveway, hereafter' called PROJECT %2~ and WEEREA~, the COUNT~ and' the CIT~ wish to cooperat~ with the DEVELOPER by providing additional surveying, engineering and construction services for PROJECT % 2; and, I ka~A~, the COUNTT has requestsd that the DEVELOPER provide right- of-way and building relocation services ~or the construction of PROJECT #2 arno additional cost to thecouN.~-~ and CITY beyond the Traffic ImPact Fee Credit proposed for PROJECT.#ll ~rOW T~Xm~RE, for and in consideration of the prsmises and other good and valuable consideration, the COUNT~, CITY and DEVELOPER agree as follows= ~O~g~_~ -~R~l=oate Barber Street ~e~wean F~c Ba~lroad ~Dd ~S 1 1. The DE%'~LOPER agr=es to d~dicate right,of-way and dead all roadway.imprsvements on Barber street as described in PROJECT %1 $~ approved by COON~ and' CITY. Compensation to the DE%~LOPF/~ shall be by Traffic Impact Fee Credit applied to property described in AttaChment "A". The amoun~ of Traffic Impac~ Fee Credit is as follows= ' Right-of-Way. ~oad~ay $254,~24.00 Tot~ $549,~12.50 2. The COUNT~ will survey, engineer, and construct PROJECT #2 at no cost to the DL"~ELOPER.i The design shall be mutually agreeable between the threelparties to this Agreement. 3. The DEVELOPER w~ll deed to. tbs CI~ the needed right-of-way relocate the east 600' ~f Barber Street Extension at no cost to the CITY or COUNTy. 4. once all engineering, pez~ting and right~of-way acqu/sition is complste, the COUNTY wi~l construct the improvements for PROJECT ~2. After the ~oad relocation construction is complete, the CI~-~ will proceed to ~acate the east approximate C: ~.w~n 160\ C,~ ~TRACT\ HHYAST. DSV I I I I I I I I I I I I 600' o~ PROJECT' ~1. 5. The CITI will permit driveway connection to the remaining pa=Gals along Barber S~reat ~xtansion at an ·appropriate loostion not less than 330' we~t of US 1. 6. The COUNT~ shall relocate the 8" PVC aanitary sewer force main and other u~iltties located in the easement lying north of and parallel to Barber Street ~xtenslon, to the new right,of-way. 7. The COUNTY shall obtain the abandonment of a portion of the easement (east 600 LF~) in which the existing utilities lle after relocation. /NWZ~T~$ ~'/~EOF, the CIT~, COUNT~ and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. signed, sealed end delivered $~AT~ OF FLORIDA COUNTY OF INDIAN RIVER ae fo~go£ng instrument was acknowledged before me this ~39~_, 1996., by Nelson C. Hyatt personally known to odu~ed~£~t3~.~ IW~as identification,. ..,, ' ~ELSON C. H~ATT Printed name: Nelson C.~vatt Title: President of V~11ages of La~e ~olo~e~, ~n¢. and as IndividUal ' me or who has · NOTARY PUBLIC4 , .' Commission .o. (~.C ~q~, , .State of Florida at Large ~y Commission Expires: appeared GARO~¥~ ~' ~ Before me personally , as Chairperson of the Board of County Commissioners, to me well known and known to be the person described in and who executed the foregoing instrument, and acknowledged before me,he executed same. WITNESS my bend and official seal this NOTARY PUBLIC: Commission No.. State of Florida at Large My Commission Expires: PAll~ImA L JOl~ Approved as to form and Asst. County Attorney Approved for Public Works Matters: ~ . /-.. Indian River C.~:;'V~'t.:., .-,*.,: I "" ~ · ~' ~ e. ---. .......... :'"': P~lic works ~ire~tor s.~o., ', . (,~ / Risk Management >.: L&uise Cartwright, who executed the foregoin~ instr~en~, .and acknowledged before WIT.ESS my hand and o:~ct.1 seal this //~ ' day of ~~, , .~-. W-~~ ~Y~ Appr~ed as to fo~ and. Ap~ro~d for City Matters: legal sufficiency ~ -~ ~ City Attorney ', City ~anager I I I i I I I Attachment A L~al Description The south 3/4 of the southwest 1/4 of the southeast 1/4 of Section. 20, Township 31 south, Range 39 east~ AND ALSO: The southeast 1/4 of the southeast 1/4 of Section 20, Township 31 south, Range 39 east, lying west of the Florida East Coast Right-of-Way: AND ALSO: The west 1/2 of the southeast 1/4 of the northwest 1/4 and the northeast 1/4 of the southeast 1/4 of the northwest 1/4 of Section 29, Township 31 south, Range ]9 east, except the following two parcels of land and road right-of-way= 1. Beginning a% a point 25 fast east of the northwest corner of the southeast 1/4 of the northwest 1/4 of Section 29, Township 31 .south, Range 39 east, run east 147 feat, thencs run south lS0 feet, thence run west 147 feet, thence run north 150 feet to the point of beginning. 2. Beginning at a point 25 feet east of th~ southwest.corner cf the southeast 1/4 of the northwest 1/4 of Section 29, Township 31 south, Range 39 east, thence run north 50 feet, thence run east 100 feet, thence ~'%m south 50 feet, thence run west 100 feet to the point of beginning. AND ALSO: The west 1/2 of the northeast 1/4 of Section 29, Township 31 south, Range 39 east. AND That part of the northeast 1/4 of the southeast 1/4 Of Section 20, Township 31 south, Range ~9 east. 'Less the north 6.5 acres thereof, and less the south 1~0 feet lying west of said F.E.C. Railroad Right-of-Way, the south ~0 feet lying east of.the said F.E.C. Railroad Right-of-Way an~ righte-of-wa~ for the said Railroad a~ U.S.Highway No. 1: ~ ALSO: That part of the northwest 1/4 of the southwest 1/4 of Section 21, Township 31 south, Range 39 east, lying west of the u.s. Highway No. I right-of-way, less the south 5~0 feet thereof All the above lying in Indian River County, Florida. i ~~,~, ~ ['1. ~'~:ff~:, "~"; ~o~.' . ~r~ · ~'.. '~' Ir ,. . · ~ ~ .' :, I!~ . , ,-/ ~ ./~'~ · x ~~,/~' ' ~ / ?L ~ · ~~ · · · ,~· . . . : . '~'~ 1 .,.,. ,i I ' WEATHERINGTON LAND ~URVEYORB .... " - u~ ~ / ~Z 407t YIKGIHIA AYI, FL fiERCE, FLOIIDA 34~BI d ~" ~* ~ i ~ i ~.~ 1407l 4ll-lOl4 ] 140TI BTB-I3TB I I I I I I I I I I I I I I I I i i ii il II ! ! ! ! I ARM~IELD-~AGi~R APPRAISAL & RESEARCI'L INC. PE'rER D, ARM~ELD. MAI, SRPA RICHARD L. WA~NER. MAI DANIEL D. FULLER, MAI, SRPA · ~erch 13, 1991 Mr. Nelson Hyatt Park Place Mobile Home 1000 Stratton Avenue Sebastian,.Flortda 32958 Dear Mr. Hyatt= . t. Aa re~ueeted, we have inspected the subject property which consists of '.road right-of-way for Sir&itoh Avenue located b~tween U.S. Highway #1 e~d~=:Brist01 Street in the city of sebastian, Florida. This is for the purpose of providing you with an appraise1 of the'Market Value of the fee simple interest to. this property es of Fe. bzl/ary 13, 1991. The property is physically described, in the following report of 89 pages and an Addendum of 9 pages which explains the analysis of data upon which our value estimate is based. Tbs opinions expressed in this report end the value conclusion reported below are subject to the.limiting condition~ on pages i and 2. No ~educt~on ~s ~ade for physical depreciation of the road improvements. Thus, the value repo~ted for the road improvements is considered to be a limited appraisal valuation. Based on the analyses presented in this repo~c, it is our opinion that the ~arket ~elue of the fee simple interest to the property appraised on Februar~ 1'3, 1991 is= .'Land Parcel ~1 $192,235 Parcel #2 $32,960 Perc~l ~3 $ 70,597 Total ' ~o~d Improvements Tote1 $254.724 $550,516 940 lOTH AVENUE. P.O. BOX 79 I VERO BEACH. FLORIDA 3296 I-O791 TELEPHONE I407J 1562.O532 FAX 407-77B-I 121 Wa believe the report to ba complete, but any questions you may have are welcomed. I · a [il.''l]. ,11-~ I a;' I -- ~'-/ [ "[~ II ~1, II N~ ~ · , I I I I City of Sebastian, Florida Subject: Tentative Fiscal Year 2000-2001 Budget Calendar Exhibits: Tentative Fiscal Year 2000-2001 Budget Calendar EXPENDITURE [ AMOUNT BUDGETED: REQUIHED: N/A I N/A Agenda No. /~)~/0~ Department Origin: Finance ~ Date Submitted: April 18, 2000 For Agenda of: April 26, 2000 IAPPROPRIATION REQI.qRED: N/A SUMMARY During the course of each budget year, the City Council adopts a budget calendar which, sets the dates when certain actions will be accomplished for purposes of complying with reporting requirements as well as, complying with .the timing of adoption of the budget in conjunction with the other taxing authorities in the County. Staff has developed a tentative fiscal year 2000-2001 budget calendar for your review. There may be changes depending on the County's meeting schedule which has been known to change in the past. More importantly,, staffhas scheduled butlget workshops on Wednesdays opposite to the normal council meeting nights in August, however, staffhas scheduled public heatings on regular meeting nights in September. This has been done so that the City does not schedule the public hearings to close to the County and School Board budget hearings and have potential co. flicm. RECOMMENDED ACTION Move to adopt the tentative fiscal year 2000-2001 budget calendar. DATE 4/26/00 ·4/28/00 5/22/00-5/26/00 6/1/00 5/29/99-6/2/99 6/15/00 6/19/00 - 7/2/00 ,6/29/00 7/13/00 7/27/0O 7/27/00 or 8/1/00 8/16/00 8/30/00 9/5/00 9/5/00 9/13/00 9/12/00 9/27/00 DA._X Wednesday F,~day ThUrsday Thursday Thursday ThUrsday ~ Thursday Thursday/Tuesday Wefin. esday Wednesday Tuesday Tuesday Wednesday 'TUesday Wednesday City CoUnci1 aPProVes Tentative Budget Calendar Fiscal Year 2001 Budget Packages to Department Heads , J C~ty Manager Fiscal Year 2001 Budget Meetings with Department Heads Estimate of~operty V~lue to be received from prOPerty Appraiser City Manager's Reeom~aended Budget to be comPiled and mailed to Budget Advisory Committee members with suppOrting documentation. ,Tentative. BUdgetAdvi~ory Committee rneeiillg "Secondary Department Head Meetings to updat~ budget projections. Tentative Budget, AdviSory ~ommitt~e meeting Tentative BUdget AdviSory Committee meeting ,, : Tentative Budget AdviSory Committee meeting "' ·. TENTATIVE 1ST READING OF SCHOOL BOARD BUDGET ~ 5:01p.m, Tentative COuncil Budget Workshop Tentative CouneilBudget Workshop , . · 'FINAL ADOPTION O17 SCHOOL BOARD BUDGET (~ 5:01p.m..,. TENTATIVELY 8CI-B ~ULED COUNTY 1ST READING OF COUN1W BUDGET i 5:01p.m. T~tatively.sehedtaed, st h~blie ~aring of City. Budget~ r Adopt Preliminary Millage I~ te . ': ',::TENTATIVELY SCI-II ~ULED COUNTY ADOPTION OF COUNTY BUDGET ~ 5101p.m. "' ' Final Public Hearing °t~ City Budget-AdoPt Fkial Millage Rate and Budget Resolution I I I I I I I I I I I I I ! I I C ity, f .esbt a2tian Sebasfian~ Florida 32~}58 I Telephone (561) 589-5330 . FAX (561)589-5570 I SubJect' Useof Riverview Park- Sebastian.' Agenda.No. · River Art Club ' ' ·. · · . : ' Department Origin: City Clerk I ff~.~(~ fo rSub.~ai~ty Manager . Date Submitted: 04/10/00. i L/~~;~ff~ ' " For Agenda of: 4/26/00 Exhibits:-- Letter fi'om Alice Russell, PreSident, Sebastian River Art Club I Expenditure Required: Amount Budgeted: Appropriation Required: I suMMARy STATEMENT ' ' As in provi0us years, the Sebastian River Art Club is requesting the use of Riverview Park for Art Shows I to be held on the following dates: November 18, 2000 Rain Date, November 19, 2000 I ' December 16, 2000 Rain Date, December 17, 2000 January 20, 2001 Rain Date, January 21, 2001 ' : February 24 & 25, 2001 i .March 17, 2001 Rain Date, March 18, 2001 Apfii 21, 2001 Rain Date, April 22, 2001 I Letter of request is' attached. I " RECOMMENDEDACTION IConsider the request and act accordingly. 1 i SEBASTIAN FL. 3:2978-0534 April 10, 2000 Mayor Waltex Bantus Sebastian City Hall 1225 Main St Sebastian, Fl, 32958 Dear Walter, Tim Sebastian Rivet Att Club i~ in ~ prow. ss ot s~ing up our monthly art show dates for th~ 2000. 2001 season. As we hav~ asl~.and bean grantedin tim past, w~ are reXl~sting th~ use of Riverview Park on the following date~: November lg,, 2000 Dece. mbet 16, 2000 January 20, 2001 -FOamaxy 24 & 25, 2001 Maxch 17, 2001 .pr~ 21, 2OOl l~in Date Nowmbex 19, 2000 Rain Date December 17, 2000 Rain Date i~anuary 21, 2001 Date March 18, 2001 l~i~ Dat~ April 22, 2001 The ClUb uses the fxont se~on of tiz park, and any othe~ actim'ties you wish to I~chexlu!e.along the river section would not int~t~ with our activities. Thank you for your considexalio~, Since_rely, . //~ I I i I I I I I I I ~..~ Ct'~ ~ m:~., I .,~ I i i City of Sebastian, Florida Subject: Petition for Voluntary Annexation. Agenda No. /~/0. O~>~ Tracy ~. Hass~/~ For Agenda of: April 26, 2000 Exhibit~: Extfibits: Ordinance No. O-00-10, lett.~' ofr, qu,~t, location map and Chaptor 171.044 F.S. EXPBNDITURB AMOUNT BUDGETED: APPROPRIATiON RBQU]RED: None REQUIRBD: None None SUMMARY Boos Development Group, Inc. has filed for a voluntary annexation of 5.94 acres of land lying contiguous to the City of Sebastian. Boos Development, Inc. has been authorized by John and Grace Sexeny, owners of the property, to act as PetitiOner for said annexation.' ' .. ~ . .. The volUntary aUnexation petition has been filed in accordance with Chapter 171 of the Florida Statutes. The property will be annexed with a Commercial General (CG) zoning, which is consistent with the adjacent parcels within the City of Sebastian. The property is being annexed as part of the proposed development of a retail shopping center at the intersection of U.S. Highway 1 and Barber Street. The proposed development for the subject parcel is for construction of a 44,198 SF Publix and 10,000 General Retail space, together with associated parking, water and sewer service, drainage, and landscaping. Access to the site will be accomplished via a right- in, right-out driveway connection to U.S. 1 and a two-way driveway connection to Barber Street. Proposed water and wastewater service to the site will be accomplished via ConnectiOn'to Indian Kiver County Utilities. Stormwater runoff for the proposed development will be routed to an on-site retention area. The site contains 9.2 acres, or 432,115 SF of total land area. Of which, 296,000 (68.5%) is impervious surface and 88,187 SF (20.4%) is green area with 47,781 SF (11.1%) as lake area. The Planuing and Zoning Commission at their regular meeting on Thursday March 16, 2000 approved the Publix site platt contingent upon the City Council approving the annexation of the North 5.94 acres of the subject parcel. : RECOMMENDED ACTION Hold a public hearing and second reading and move to adopt Ordinance No. O-00-10. WHEREAS, all owners of the parcel of property described herein have p~fioned the City for voluntary annexation of said land and due.public notice of this action has be~ give~; and WItE~S, the City Council finds and d~ermines that the hind propos~ i~ contiguous to the city, will not r, sult in the' creation/of by enclaveS, and oon~timtes a . recently compact addition to the incorporated t~rit0ry of the City; and WI:l'EggS, thc City Council.of the City of Sebaffian, Florida, finds md rl0¢~rmines that the annexation of said parcel is in the best interest oft he City; : ' NOW TR~REla'ORE, lie IT OltDAIN~D 11¥ ~ CITY COtrNCIL OF THE CITY O1~' SEBASTIAN, II~IAN RIVER COUh~, FLORIDA, as follows: Section 1. PROPERTY. The folloTM ~es~ribed property now lying md being in an uninoorpor~ted ~ea oflndim River County, Flofidh, aa illastmted by the map m~hed hereto aa Exhibit "~", is hereby annexed into the City of Sob~rdan, Florida, md the boundm'y'line~ of said City are hexeby rede, fined to include said real property: Tax parcels No. 20-31-39-00000-7000-0001.0 and 20-31-39-00000-7000-00002.0, more p~timlarly described as that portion oftlle North 6.5 acres ofth~ ~ ~ of the SE ¼ of Scm. ion 20-31-39, less F.E.C. railroad fight-of-way, leas U. 8. Highway fight- of-way, lying we~t of said U.S. Highway 1 right,.of-way. Containing 5.94 acres more or less Section 4. hereby repealed. Section -~. Section 2. ]2qlTIAL LAND USE AND ZON~G CLASSIfiCATION. The ~t~ l~d use ~d zo~g cl~cafions for ~s prope~ ~ accord~ce ~.~te law, consider ~ bo~ ~e ~g Coun~ ~d Ci~ Comprehe~ive ~o~ ~ement P~s~ ~ be CG - Co~erci~ ~ner~ ~ such ~e ~ ~e Ci~ Compreh~sive PI~ is mended to assi~ a p~~t l~d use class~fion,- Section 3. ~G. A ceded co~ offs or--ce s~ be ~ed ~ ~e Clerk of ~e C~t Co~ ~ w~ ~ ~e C~ of~e Co~ Co~ssion ofh~ ~v~ Co~, Eofid~ ~d ~th ~e Flofi~ D~~ of.S~te ~ s~ days of ~op~on. CO~~. ~ cruces or pros of or~ces ~ ~ h~ ~e SEVERABiL1TY. In the event a court of competent jurisdiction shall hold or determine that may part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be'presumed that the City Council of the City of sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinauee without said invalid or uncon~tuti0nal provision, thereby 'Causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance slmll become effective upon final passage. The foregoing Ordinance was moved for adoption by Councilmember motion was secondedby Councilmember the vote was as follows: Mayor Walter Barnes Councilrnember Joe Barczyk Councilraember Ben A~ Bishop Councilmember James I-Fill Councilmember Edward $. Majcher, Jr. and, upon being put to a vote, The lVfayor thereupon declared this Ordinance iduly passed and adopted this day of April, 2000, CITY OF SEBASTIAN, FLOKtDA ATTEST: By: Mayor Walter Ba~-nes Kathryn M. O~Hallor~ CMC/AA~ City Clerk Approved as to ,form and legality for reliance by the City of Sebastian only: Rioh Striagec, City Attorney I I I I I I Boos DeveloPment Group I I I I December 9, 1999 Terrance Moore · City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958. RE: Petitio.n for.Voluntary Annexation I I I I I Dear Mr. Moore: Boos DevelOpment Group, Inc., as applicant and agent for John and Grace C. Sexeny, owner, hereby petition the City of Sebastian, a municipality in Indian River County,. Florida, to annex the following described properties to the municipality, and concurrent with the Annexation, classify the zoning district and land use for. the property, as General Commercial (GC). Parcel A: Parcel No. 20-31-39-00000-7000-0001.0 Legal: North 6.5 acres of the N.E. 1/4 of the S.E. 1/4 of Section 20-31-39, less F.E.C. railroad r/w, less the U.S. Highway I Right of Way, less the South 87 ft, iying west of U.S. Highway 1 Right 'of Way. Address: 9695 U.S. Highway 1 Parcel B: Parcel No. 20-31-39-00000~7000-00002.0 Legal: South 87 ft. of the North 6.5 acres of the N.E. 1/4 of the S.E. 1/4 of section 20-31-39, lying west of U;S..Highway 1 Right of Way, less.U.S. Highway 1 right-of-way, and less the F.E.C. railroad Right 0f Way'. Address: 9687 U',S. Highway 1 ,. This petition is consistent with Florida statutes, Chapter 171. We submit the following: · The property lies within unincorporated Indian River County, and is contigqous to the.municipality (City of Sebastian), and is reasonably compact. The owners of the property are John and Grace C. Sexeny. Boos Development Group, inc. has the authorization to make this petition as. evidenced .by the attached documentation. 19321-C U.S. Highway 19 North · Suite 605 · Cleamvater, Florida 33764 (727) 524-8922 · FA,'<: (727) 524-8864 Letter to Terrance Moore '", . City Manager " · City of Sebastian " December 9, 1999 Page Two . This petition is consistent.with the properties current land use and zoning within Indian River County, which is Cfi (CommerOal/Industrial), and CG (Commercial 'General).. . .. . ' '" Attached, please find the following documeOtation for your use when considering · this petition: , ' . -' , ' '' "' ' · -o Tax mapwith properties,highlighted '. ' - ' · Survey With properties highlighted . ". Deeds .of the two '(2)' properties .' · · ° . Evidence'of autho.dzation to Boos Deve!opment Group Inc, to make petition ' · Copy of a portion of Flodda Statutes, ChaPter 171" .' .' ' "'" ' Thank you for' your consideration Of this petition, lif you have any questions, please do not hesitate to,give me a call. " Sincerely, .. , .' ' Morse, V.P.' DM/if Attachs. CC: Tracy Haas Joseph Schulke John Sexeny " I l: ,7 1.0 4 4. Voluntary annexation. )AS IS " 171.044 voluntary annexation. TITLE XII HUNICIPALITIES CHAPTER 171 MUNICIPAL ANNEXATION OR CONTRACTION (1) '.The owner or owners of real. property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that· said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality tha~ the. petition bears the signatures of all owners of property in the area '. . proposed'to be annexed, the governing body may, at any regular.meeting,. adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been-~ublished at least once each week for 2 consecutive weeks in some newspaper Ln such city.or town.or, if no newspaper· is published in said city or town, then in a newspaper published in the same county; and if no ·newspaper is published in said county, then at least three printed copies of said notice shallbe posted for 4 consecutive weeks at some conspicuous place 'in said city or town. The notice shall give the ordinance .number and a brief, general .description of the area. Proposed to be annexed.· The description shall include a map clearly, showing the area and a statement that the complete legal description·by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in Which the municipality is located and with the Department of State within 7 days after the adoption'of such ordinance. The ordinance must include a map which clearly shows the annexed area and a :omplete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shallbe supplemental..to any other procedure provided by ·general or special law, except·that this section shall not apply to muhicipalities in counties with charters~which provide for an exclusive method of municipal annexation. (S) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Upon Publishing or ·posting· the ordinance notice required under subsection (2), the'governing body of 'the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners .of the county wherein the municipality is loca=ed. The notice provision provided in this subsection shall not be the basis of any cause of action challenging the' annexation. HiSt°ry.-s. 1, chi 74-190; ss. 4, 5, ch. 75-2~7; s. 3, ch. 76-176; s. 2, ch. 8G-113; s. 1, oh. 90-171; s. 16, ch. 90-279; s. 16, ch. 98-176. City of Sebastian Subject: Tree Advisory Board Agenda No. ApprOve~for Submittal by: City Manager ',Department Origin: City Clerk L._/~'~/, ~' , , .. ;o, A,,,d, o,: 4~oo0 ....... Exhibits: appli~tions, board member list, adverliSement ' ' · ...... ............. SUMMARy ~.T. ATEMENT ' The Tree Advisory Board has two regular member positions o. per~ due to term expirations and two altemats member positions that have been vacant for awhile. The two regular members Lynn Albury and Charles Cardinale have subm~ed applicM]ons and wish .to,be reaPpointed. Beverly Tergedglou-Bell is a-new applicant. ' ' ' ' ' ' RECOMMENDED ACTION interview applicants, unless waived by council, .and appoint ss follows: 1. Regular member position term to expire 4/2002 2. Regular member position term to expire 4/2002 3. Alternate.member position term .to. expire .11/2000 I I i i : ....... .AP_Y. LI~ATIOP/TO SERVE ON.CITY BOAR. I)ICOMMITi'E~.~ , ...... .- . '(Ail City,Board and Committee Members .Must be R~idents of the Ci .tY.of Sebastian): BUSINESS PHONE: BUSINESS FAX: Ii-MAiL: ~ You A ~mOmTm~ VOTe? VOT~ ~a. ~0. HOW ~.o~o DO YOU PRESEN'IZY SEKVE ON ANY QTHEK CITY BOARD OR COMM/TTEE? .--.. PLEASE CHECK T'~ BOARDS ON WIt[CH YOU ARE INTERF~TED IN SEKVINO IN ORDEK OF PREFERENCE W1TH ~T CHOICE BEING #1:- '- BOARD OF AD3US~ CHA~TERREVIEW COMMITI'EE (serve~ o~.3, 6 mon~t~ re, err 7 yearn) C~$ B~ ~W ~$ORY BO~ CODE ~OKC~ BO~ - C ONS~U~ON BO~ ~IC~P~ S~-~UA~ON CO~ P~G ~ ZO~G CO~SSION PONCE ~ BO~ OF ~US~ ~C~ON~ ~SOKY BOA~ T~E ~$OKY BO~ OT~K ~O~Y CO~EE (WlUTE IN COMMITTEE NAME) HAVE YOU EVEN BEEN CONVICTED OF ANY ~ISDEMEANOR INVOLVING MORAL WO~D YOU CON~,S~G 0N A BO~ O~ ~ ~ O~(S) SELEC~D appelation i~ ,arno for 2-173 (a~h~). ~omafionrelafivc~a~c~or~mi~ av~able ~u~t~. ~PLICATION 70 SERV~ ON cITY BOAR.D/CO~E (All City Board and Committee Members Must be Residents of the City of Sebastian) BUSINESS: BUSINESS ADDRESS: BUSINE55 PHONE: BUSINESS FAX: YOU A ~GIST~ VOTe? HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? VOTinG. NO. 9 ~-~9 I £ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PKESENTLY SEP.VE ON ANY OTHER CITY BOARD OP. COMMITTEE? winch ~O~S~CO~,m'mES? ~.0 PLaASE CH~CK TH~ ~OA~S ON WINCH YOU A~ n~m~ST~ n~ s~wo m o~ O~- PREFERENCE WITH FIRST CHOICE BEING #h ..... BOAKD OF ADJUSTMENT CHARTER REVIEW COMMITTEE (se, fMcs o~ly 6 mon[hs ~x,~y 7 F. ars) CIT~7]~NS BUDGET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD .HANDICAPPED SELF-EVALUATION COMMITTEE Primera AND ZONEO COM~SSION .m~C~mATIONAL ADVISOP.Y SOA~D TREE ADVI$OP.Y BOARD OTHFa ~9~¥~commTr. E~., PPLICABLE EDUCATION AND/OR EXPERIENCE: (e~mch scpm'ato resume if necessmy) LIST ~ ADDITIONAL QO~C~O~S HAVE YOU EVER BEEN CONVIC~D OF ~ ~LO~ ~ ~S OR ~ STA~? ~I 0 HAVE 'YOU EVEN BEEN CONVICTED OF ANY lVIISD£MEANOR INVOLVING MORAL TUP. P~E ~ ~S OK~ STA~?. ~ O WOULD YOU CONSIDEK SERVING ON A BOARD O~THEK THAN THE ONE(S) S~..LECTED l Asow? I hereby certify that I am qualified to hold the position for vtiich this application is made. Further, I hereby authorize the City of Sebastian to inv~tigato the truthfulness of all information which I have provided in this apphcation. I unde~tand that any misrepresentation or ommission of information requested in this . .. application is cause for disqualification. have ~ provided with, read and understand City of Seblatian Code of Ordinances Sections 2-166 through 2-173 (attached). ]nform~on relative to a'sp~if~c bo~l O~ ~l~ is availablc if requested. ~PPli:~ ~~) if~~/ I l lic,~St~te ~Iqori~a I'~V. 4/5/99 ' APPLICATION T_O SERVE 0.,.N_ CITY. B~ARD[CQMMIT['EFa HO~ ~D~S:-- ,~ ~, ', ....... , '. ...... ;"'. ~ ~ z ~' 'l~'l~'~'~l~l':l~:l~Sle~l~%'l ~:'~'~ ll~'ll~I~'Sl~.ll~I: .:l l~ll~'~'llll' ~o~ ~O~",~%''5Oll,~ll'~ll'~O~~l:'~'l~'l~l~l'~'~'l~:'l~'~ l ~ ....... l:: ~:~: lll~::~ l?.~'ll~l,.,,.::l,l~l : ~ l l l : I ~:lI ~ ~:'l ~l l~l~ ~ll, '''~ I I l~ ~:l : ~ .... l ~l~ llll~l 3: ~l ll,l:ll; ::l:ll: ll:ll''~l ll l :~ I I I ] l~ "~ ' l( I l ~us~ss: ~~[~ ~~/~ I I lll:~':l ~,~ ...... ~ll~ll~l I .l ..... llllll~:'ll'.;.~'llll~~O~r~e: 'lll~l~l'l~:~l:~ ~l ~ ~'. ~us~ss ~o~ Il S~S~S~lllllll I ~.~: e ll"lllVom ' *' l' l ll l ~ow LO~ ~yOUs~A ~~ O~.S~~? l l I / ~ ~l, Il I l '~O~lO~~~O~l~Com~? l l~'ll~l~''~lll' I :~l I l~ l~.~l~:l~:,l ~lI lll 'l " YOU ~~Y S~ 0~l~ O~ ~ SO~ O~ C~~~? lI I, l ~sO~s/co~L:Il~ I ~l ',lll l, Il I --lll l ll ' I I l ~=~s~ c~c~ ~ ~o~s o~ ~cs 7°u ~ ~~ ~ ~~ ~ o~ o~ p~~C~~T~OIC~B~...~h .... .. ._ ....,~: .-.~. -..... SO~IOF~~ l~l:''l l l'~lll~l/ ~ ~,l~ ~ll l lll ~"ll · C~~WCO~(~.~.~m°~~7~) . . . ~l c~S'B~ ~W ~SO~7 S0~ I i ill I I l ~~'S~r.~UXUO~ CO~. . ' " P~~ ~ ZOla CO--SIOn, .~ .: r POLICE ~ BO~ OF ~US~' .' OT~K ~O~Y CO~ havo b~ provided with, ~ a~l u~l~ City of S~ c~r Or~ S~fio~ 2-166 .~ou~ ~7~ ~~k.~ ~// ,~u.. h ~'~ //~ ~~ . ~,~ Bonddd Th~ No~ PuMM Unarm ;~ -::~ 6a.,0.,, · ~o,_, . ~ ~ ~:o~:'.'".,-:t0,'~.t~o~:'~ ~ '. ' · .,,~..~'~.,.~."'. ~ ~.,"'., .:~,,:..'".".:.... ': .............. ,. ,,. ., .,.. · ~ You ~ ~~E ~ ~ OR~ STA~?., '. "..', ,,:..~ .,,,1;~:',':'~ ~:'.,:: ,.... ,' .;',. '..' :.~':i:7'~ .:.//.,, ..' ," .':' '.'. · ' ' ~ '~ . ...:.~ .... ,..,~:~ .... ...;, .. . ...... .....; ,...~,. ,... , . .,~ ,. . . .....~ ,,..,..~;,, :..:~ , '. ., · .: ,,.. . . · . ,....,.,r,,,,.~.,..,... :.. ,..,: ,, ,. ..... .,~, ,,-.. ., ,. wo~ You ~o~? ,/'J ~,~ '. ' .'. - · ' · .' , · . ~" s ..-...."..~...../..'.......'./.'.~..' ,' ......-::.................,... · ,.:...:. . .., . .,. .... z ~ ~ mat aumo~ ~ CiV of app~on is ~ for ~~fi~ ' NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 3/1/2000 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH. THESE POSITIONS ARE TWO YEARS ACCORDING TO THE CODE OF ORDINANCES. '~ ~ ' "~' ~':"' irREE ADk'ISORY BOARD 2 YEAR TERMS ~ MEETINGS SHALL BE HELD AT SUCH PLACES AND TIMES AS SPECIFIED BY THE CITY COUNCIL FKOM TIME TO TIME, AND SHALL BE OPEN TO .THE PUBLIC .... ~ cA-THY L. FIJLTON 249 EASY STREET SEBASTL4N,-FLOPjDA 32958 3 ~ 8 -0570 HOME CP~KLES D. CARD1NALE 474 THOMAS STREET SEBASTIAN, FLORIDA 32958 589-4892 HOME ANNE DANN s -6 P. OSIN LANE SEBASTIAN, FL 32958 355-344O LY1VN ALBI. mY 16~ SEAHOUSE ST. SEBASTIAN, FL 32958 589-0O37 KIJTH DAVIES .... 497 LLOYD STKEET SEBASTIAN, FL 32958 589~3697 CIIAIILES q49 B~DICTIt~ TERI~'CE SEBASTIAN, rLOllIDA 58-9~333 144 ~S. W'IMBR.OW tgR.tVE SEBASTIAN, FL~3RIDA 32958 $~9-1299 BOARD SECKETAKY - DAWN CORAPI APPOINTED REGUI~ MEMBEK TERM ..... VACATEDBY.SHIRLEY KILKELLY: 7/14/99 TERM EXPIRES: 4/2001 .... ,.:..- APPOINTED. REGULAR MEMBER: 4/98 .... TERM TO. EXPIRE: 4/2OOO APPOINTED TO REGULAK MEMBER POSITION 'VACATED BY CLAY FIELDING: .12/15/99 TERM TO EXPIRE: 4/2001 APPOINTED TO REGULAK MEMBER POSITION VACATED BY DANNE HER.LAN: 12/15/99 TERM TO EXPIRE: 4/2000 APPOINTED TO REGULAR. MEMBER POSiTION · VACATED BY VIRGINIA GORDON: 12/15/99 TERM TO EXPIRE: : 4/2001 APPOINTCD AL:rERNATE M~MBE~ EXP{REB TE .R!~i.., OF-ANNE PLri'MAN, 12/2/98' :rER~ TO EXPtRI2~ 11/I/2000 APPOINTED AtLTERN-A:FE MEMBER: 8/9-7 TERM TO EXPtlLE-:. i 1/9t} City ~f Sebastian 1225 MAIN STREET .... SEBASTIAN, FLORIDA 32958' TELEPHONE (56!)589~5330 ~ FAX (56!)589-5570 I I MAP. CH 22, 2000 . ' I · ~,~ss ~L.~ASE I ~ER ~ ~O ~~A~ ~E~ POSI~ONS ON ~ ~E ~$O~Y BO~. . ......·, QU~CX~ONS. ~S~E~ OF.~ ~ OF SEBAST~N . ~ ~ ~so~ ~o~ ~s ~ ~ms~ ~O~AV O~ ~AC~ ~O~ A~ ~:~0 ~.~. ~'~ C;~V CO.Cra C~~S, m~ ~ S~, S~XS~, . ~PLIC~O~s ~ AY~LE ~'~ C~y CLE~ $ O~ICE, CITY ~L,~ 122~ ~~ACC~~o~'~~,~~,~ooo. ' ' ' ~' '" ' I ~-/p -/P City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 DECEMBER 6, 1999 PRESS RELEASE TREE ADVISORY BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE REGULAR ME~ER AND TWO ALTERNATE MEMBER POSITIONS ON THE TREE ADVISORY BOARD. QUALIFICATIONS: RESIDENT OF THE CITY. OF SEBASTIAN THE TREE ADVISORY BOARD MEETS THE FIRST MONDAY OF EACH MONTH AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P~M. AND WILL BE ACCEPTED UNTIL ALL POSITIONS ARE FILLED. for Airport Consulting Services ' . Department Origin: City Manager ,~/)ed ~ Ci~r . /~ 9/ ~ ' mt~ Subbed. ~-~0-00 '~-~l%~enc~. Modre For Agenda off 4-26-00 Exhibits: Proposed Continuing Services Agreement for Airport Consulting Services - N mam I " REQUIRED: N/A · J N/A [lm(2UIRED:': . SUMMARY '" ' . The proposed Continuing Servaces Agreement for Airport Consulting Services, between the City of Sebasfi~ and LPA Group, Inc., as attached for your review and ConSideration . RlgCOM31~lqI)I~I) ACTIOI~I . Move to approve and authorize the City Manager and City Clerk to execute the Continuing Services Agreemem between the City of Sebastian and the. LPA Group, Inc., for airport' consulting services.. '" ' AGI~,EME~ rOg PgOr~$IONAL SEgVICES BETWEEN CiTY OF SEBASTIAN (Florida) ~ LrA c~our ~NCOgrOr, ATED. CONTENTS' Page Preamble and Agreement . ..~...... .. . ........ . . 1 to 2 Exhibit A ,- General Provisions for Program lVlauagemeat and General Consulting Services.. ' ~ . ........... A-1 to A-2 Exhibit B - General Provisions for Planning and Environmental Services ! ..... . ............. B-1 to B-2 Exhibit 12 - General Provisions for Engineering Se~ice~ '":.2 ;:.;,.., ........................ C-1 to 12-8 Exhibit D - General Provisions for Architectural Desigd '" Services...... ' D- 1 to D- 10 Exhibit E - Duties, Responsibilities, and Limitations of Authority of Resident Project Representative E-1 to Exhibit F - Payments and Miscellaneous Provisions ' F-1 to F-7 lgxhibit G - Sample Work Authorization Form ........ ~..~ ................................... I i I I i I I I I I I i AG~ FOR PROir~SIONAL SERHCF_$ BETWEEN CITY OF SEBASTIAN (Florida) cxzOup INCORPORATED THIS AG~ is made and entered into this da~, of ,2000, by and between the City of Sebastian (Florida), hereinafter referred to as the OWNER, and THE LPA GROUP INCORPORATED, hereinafter referred to as the CONSULTANT. WITN s] TH WHEREAS, the OWNER intends to initiate various planning, design, engineering and environmental projects and construct certain airfield, landside, and terminal improvements over the next five years, more or.less, (three years with two additional 1-year r~ewal .options) at the Sebastian Municipal AirPort, referred to as the PROJECT, each of which will be described in future Work Authorizations; and, " WHEREAS, the OWNER may require other general consulting services in the conduct of its business over the period of this AGREEMENT, which will be described in future Work Authorizations; and, WHEREAS, the CONSULTANT has represented to the OWNER that it is qualified to perform the various described tasks and work of the projects, and, based upon CONSULTANT's representations, the OWNER desires to retain the services of the CONSULTANT to perform the work described herein. NOW TI-IEREFO1LE, for and in consideration of their mutual benefit, the parties hereto agree as follows: The CONSULT~ shall, upon receipt of each duly executed Work Authorization, perform the work described in the Work Authorization in accordance with rite attached Exhibits "A", "B", "C", "D", and "E" as may be required in said Work Authorizations. The OWNER, in consideration of the performance of the CONSULTANT's undertakings under this AGREEMENT, pursuant to Work Authorizations fully executed by the OWNER and CONSULTANT, shall pay the CONSULTANT the consideration determined in each Work Authorization; which consideration shall constitute complete payment for ali services furnished in connection with the work requked to be performed under the Work Authorization. Page 1 March 8, 2000 The following Exhibits are attached to and made part of this AGREEMn~N~: A - "General Provisions for Program Managemen[ and General Consulting Services" B - "General Provisions for Planning and Environmental Services" C - "General Provisions for Engineering Services" D - "General Provisions for ArchitecturalDesign Services" · E - "Duties, .Responsibilities, and Limitations of Authority of Resident Project .'Representative" F _ "Payments and MiscellaneoUs Provisions. . "" " G - "Sample Work Authorization Form" This AGREEMENT shall apply to all'pr0jects 'initiated within five years, more or less, after the effective date of the first Work Authorization. This AGREEMENT, together with the Exhibits identified above and subsequent Work AuthorizatiOns, constitutes the entire agreement between the OWNER and the CONSULTANT. and supersedes all prior written or oral understandings. This AGREEMENT and said Exhibits may only be amended, supplemented, modified, or canceled by a' duly executed written instrument. This AGREEMENT and said Exhibits shall be hereafter referred to as the MASTER IN WITNESS WHEREOF, the parties hereto have made and executed this AGREEMENT as of the date first above written. WITNESS: CITY OF SEBASTIAN (Florida) BY: I I THE LPA GROUP INCORPORATED BY: Page 2 Mar~ 8, 2000 EXlt'mIT A GENERAL PROVISION~ FOR PROGRAM MANAGEMF_i~ AND GENERAL CONSULTING SERVICES This is an exhibit attached to and made a part of the AGREEMENT between the OWNER and the CONSULTANT for Professional Services~ For dements of the PROJECT described in the referenced AGREF2VlF. NT, the.CONSULTANT 'shall perform ProfesSional Services in accordance with acceptable architectural, engineexing and surveying practices. These services shall be the limits of the CONSULTANT's responsib~ty under this AGREEMENT. These General Provisions set forth the general .requirements for the performance of the various services for program management .'and..general. consulting required under this AGRP_P_,MENT. The CONSULTANT under each duly executed Work Authorization shall perform the scope of work required by such Authorization, and unless requirements to the contrary are specifically prescribed therein, shall perform the required services in accordance with the following requirements. SECTiON I- PROGRAM MANAGEMF. h~ AND GENERAL CONSULTING SERVICES The services for program management respond to the complexities resulting from multiple project, multi-discipline, and long-range programs. Typical program management services can include: 2. 3. 4. 5. 6. 7. Project formulation/programming; Projects coordination; Master program scheduling; Consultant/subconsultant coordination; Funding and financial coordination assistance; Meeting preparation and documentation; and, Teclmical assistance. The general consulting services to be provided under this section are undefined, genea'al in nature, and only required periodically by the OWNER. Typical services anticipated might include: 2. 3. 4. 5. 6. 7. Presentation preparation; Coordination of meetings with local, state, and federal officials; Site visits; Facility inspection; Obstruction surveys; Property surveys Other services requested by the OWNER that are not otherwise directly associated with a current project.' Page A-1 March 8, 2000 Specific program management services will be reviewed in advance with the OWNER and set forth in each Work A,uthorization. FAA approval of scope will be obtained for FAA funded items and tasks, The amount of compensation and method of payment will be established when each planning Work Authorization. is developed and presented for approval. SECTION II - MI$CELLANF~!~S PROVISION~ Exhibit "F", Payments and MiScellaneous Provisions, specifies requirements for payments to CONSULTANT, OWNER's responsibilities, other miscellaneous and FAA mandatory provisions. Page A-2 March 8, 2000 EXHIBIT B GENERAL PROVISIONS FOR PLANNING AND ENVmO~~ SERVICES This is an exhibit attached to and made a part of the AGREEMENT between the OWNER and the CONSULTANT for professional consulting services. For elements of the PROTECT described in the referenced AGREEMENT, the CONSULTANT shall perform professional services as hereinafter described, which shall include eustomary'P~g, environmental, and auxiliary services incidental thereto. These services, when performed in accordance with acceptable practices, shall be the limits of the CONSULTANT's responsibility under this AGREEMENT. These General Provisions set forth the general requirements for the performance ,of the various services for planning and environmental projects required under this At31~:w~mNT. The CONSULTANT under each duly executed Work Authorization shall perform, the scope of work required by such. Authorization, and unless .requirements 'to the Contrary are specifically prescribed therein, shall perform the required services in accordance with'the following requirements. SECTION I - SERVICES Basic and Special Services for planning projects will be reviewed in advance with the OWNER and set forth in each Work Authorization. FAA approval of scope will be obtained for FAA funded items and tasks. The amount of compensation and method of payment will be established when each planning Work Authorization is developed and presented for approval. At the written request of the OWNER, the CONSULTANT shall accomplish such special services as required by the OWNER to complete the PROTECT. At the option of the OWNER, special services may be provided by the OWNER through contracts with other professionals or may be provided by the CONSULTANT. When the CONSULTANT is requested to provide special services, such services may be provided by the CONSULTANT's own forces or through subcontracts with other professionals. However, contracts wifla other professionals for special services must have the approval of the OWNER before the work is initiated. (OWNER's approval of CONSULTANT's Work Authorization listing subeonsultants and subconsultant fees will be considered approval of subeonsultant's contract.) Special services which may be requested include, but are not necessarily limited to the following: Soils and materials investigations including test borings, laboratory testing of soils and materials, and related analyses and recommendations; Reproduction of additional copies of reports and other documents above the specified number described in each work authorization; Page March 8, 2000 The accomplishment of special ,surveys and investigations, such as aerial photography and mapping, and the preparation of special reports and drawings as may be requested or authorized in writing by the OWNER in connection with the PROJECT; Land surveys as necessary to establish property boundaries required for property acquisition purposes or preparation of property maps; and, Special envirOnmental studies includL'l§ biotic studies, historical and archeological studies, noise studies and other related work. ~ECTiON H - MISCELLANEOUS PROVISIONS Exhibit !'F'.', Payments and Miscellaneous Provisions, specifies requirements for payments to CONSULTANT, OWNER's responsibilities, other miscellaneous and FAA mandatory provisions applicable to Planning Projects. Page II-2, March 8, 20~0 EXl:ITBIT C GENERAL PROVISIONS FOR ENGINEERING SERVICES This is an exhibit attached to'and made a part of the AG~ between the OWNER and the CONSULTANT for professional consulting services. For elements of the PROJECT described in the referenced AGREEMENT which are primarily engineering projects, the CONSULTANT shall perform professional services as hereinafter described, which shallinclude customary civil, stnwtural, mechanical, and electrical engineering services. These services, when performed in accordance With acceptable engineering Practices, shall be .the limits of the CONSULTANT's responsibility under this AGREEMENT. These General Provisions set forth the general requirements for the performance of the various services for~ development projects 'required 'under this AGREEMENT. The CONSULTANT under each duly executed Work Authorization shall perform work required to accomplish the intent of such work authorization, and unless.otherwise specifically prescribed therein, shall perform the required 'services in accordance with the following.requirements. SECTION I - BASIC SERVICES Basic Engineering Services will geuerally be completed in four (4) phases: 1. Preliminary design phase; 2. Final design phase; 3. Bidding phase; and, 4. Construction phase. The general types of services to be performed in each phase are described herein.' However, typical services may be changed or deleted as required for each project. Additional s~rvices may be added as mutually agreed upon between OWNER and CONSULTANT. Such additions, changes, or deletions will be outlined in each Work Authorization. B. preliminary Design Phase This phase involves those activities required for defining the scope of a project and establishing preliminary requirements. Items of work for this phase of a project include: 1. Conferring with the OWNER on project requirements, finances, schedules, early phases of the PRO3~ECT, and other pertinent matters; and meeting with concerned agencies and parties on matters affecting the PROJECT; Advising OWNER as to the necessity of providing or obtaining from others data or services of the types described in Section II such as, but not limited to field surveys, soil borings, aerial mapping and laboratory testing. At OWNER's option, services may be provided by the OWNER through dire. et contracts with Page C-1 Matoh 8, 2000 I other professionals or' may be provided by the CONSULTANT in accordance with Exhibit "F", Payments and Miscell~meous Provisions, Section L2; and, Developing design schematics, sketch layouts and cost estimates. Final Design Phase After authorization to proceed with the Final ~s, project recommendations, and preliminary ~)esign Phase, CONSULTANT shall, on the basis of the accepted Preliminary Design documents and the construction budget authorized by OWNF_~: 1. Prepare necessary engineering reportt and recommendations; Prepare detailed plans, specifications, and cost estimates; Print and provide necessary copies, fo~ in-house production of engineering drawings and contract specifications', Advise OWNER of any adjustmen~ to the preliminary estimate of probable construction eom caused by changes in general scope, extent or character or design requirements of the PROYECT, or market .conditions. Furnish to OWN'E~ a revised opinion of probable construction costs based on the Final Drawings and Specifications; Prepare for review and approval by OWNER, its legal counsel and other advisors, necessary Bidding information, bidding forms, the Conditions of the Contract, and the form of AG~ between ~he OWNER and Contractor; and, Distribute documents for approvals to FAA, OWNER, State, and other regulatory agencies. ~idding Phase After authorization to proceed with the Bidding Phase, CONSULTANT shall: Assist the OWNER in advertising foI and obtaining bids for each separate prime contract for construction, mater, all, equipment and services; and, where applicable, maintain a record of prospective bidders to .whom Bidding Doeument~ have been issued, and receive and process deposits for Bidding Documents; Assist the OWNER in conducting a !prebid conference for each separate prime contract to share pertinent bidding and technical information and requkements with prospective bidders. Page C-2 I Maroh 8, 2000 Issue addenda as appropriate to interPret, clarify or expand the Bidding Documents. Distribute ·sets of .Bidding Documents to ProSpeetire Bidders and plan offices (Dodge and AGC) during the Bidding Phase. 5. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in 'eValuating bids or proposals and in. assembling, and awarding contracts for construction, materials, equipment and services · Construction Phase .. ~. The CONSULTANT's responsibility to provide Basic Services for the Construction Phase under this AGREEh~NT Commences with the award of each Contract for Construction and terminates at.. the earlier of the issuance by the OWNER of the final Certificate for Payment °r 30 days after the date of Substantial Completion of the Work, but if so stated by Work AUthorization, may be extended under the terms of Section H ,'Special Services";. CONSULT~ shall attend and administer ~e.preeonstruction conference; Visits'to Site and Observation of Construction: ..In connection with observations of the work of Contractor(s) whileit is in progress: a. CONSULTANT shall make visits to the site at intervals appropriate to the various stages of. construction as:~ .CONSULTANT deems necessary in order to observe as an experienced and qualified design professional the progress o£ the various aspects of Contractor(s)' work. Based on information obtained during such visits and on such observations, CONSULTANT shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and CONSULTANT shall keep OWNER. informed o£ the progress of the If OWNER requests more extensive site representation than is described in 3.a above, CONSULTANT will provide a Resident project Representative(s) as a Special Service; CONSULTANT shall not during such visits or as a result of such observations of Contractor(s)' work in progress, supervise, .direct or have control over Contractor(s)' s work nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Page C-3 ~, March 8, 2000 Contractor(s) to complY with laws, rules, regulations, ordinances, codes or orders applicable to ContractOr(s) furnishing and performing their work. Accordingly, CONSULTANT can neither guarantee the performance of the construction con. tracts by COntractor(s) nor assume responsibility for Contlactor(s)' failure to furnish'and Perform their WOrk in accordance with. the Contract DocUments; Defective Work: During such visi:s and on the basis of such observations, CONSi3LTANT may disapprove of or rejeCt Contractor(s)' work while it is in progress if CONSULTANT believes that such work will not produce a completed PROJECT that conforms generally 'prejudice the integrity of the design Contract Documents. ~o the Contract Documents or that it will Concept of the PROJECT as 'reflected in the · interPretations. and clarifications:. CONSULTANT shall issue necessary interpretations and ehrifieafions of 1 he Contract 'Documents 'and in connection therewith.prepare work dir~tive eha~ges and ehange°rders as required; Shg. p Drawings: CONSULTANT appropriate action in respect of) She aforesaid, standard: General Condi Contractor(s) are required to submit c°ncept of the PROJECT. SUCh revj extend to means,, methods, techniques to safety precautions and programs i~ Su_p~b titutes: CONSULTANT shall Substitute materials and equipment p: shall review and approve '(or take other p.Drawings (as that term is defined in the tions), samples and 'other data which but only for conformance with the design eWs'and approvals or other action shall not , SequenCes or procedures of construction or ciflent thereto; ' ~Valuate and determine the acceptability of oposed by contractor(s), but subject to the provision of Section II, paragraph 13: InspectiOns and Tcst~; CONSULTANT.,. shall have authority, as OWNER's representative, to require:special in~pecfio~ or. testing of the work, and shall receive and review all certificates of ia.~pectiOnS, testings and approvals required by laws, rules, regulations, ordinances, ~odes, orders or the Contract Documents (but only to'deterraine generally that their content complies with the requirements of, and the results certified indicate compliance with, 'the Contract Documents)', Di.,sputes between OWNER and Con0'aetor: CONSULTANT shall act as initial interpreter of the requirements of th~ Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of OWNER and Contractor(s) relating to the acee?tability of the work or the interpretation of the requixements of the C°ntract Documents pertaining to the execution and progress of the work. CONSULTANT shall not be liable for the results of any such interpretations or decisions rendered in good faith; Page C-4 M~u'oh ~, 2O00. I I I I i I I i i i I 'i 10. APplications for Payment; Based on CONSULTANT's on-site observations as an experienced and qualified design professional, on information provided by the Resident Project Representative and on review of applications for payment and the accompanying data and schedules: 11. coNSuLTANT shall determine .the amounts 0wing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and revieW, that the work has progressed to the point indicated, and that, to the best of CONSULTANT,s loaowledge, 'information and belief, the quality of such work is .generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning Whole prior to or upon Subs~tial Completion, to the results of any subsequent, tests called for in the.Contract Documents and to any other qualifications stated in the recommendation). In the 'case of unit price Work, CONSULTANT'S recommendations of payment will include determinations of quantities and classifications .of such work (subject to any subsequent adjustments allowed by the Contract Documents); By recommending any payment, CONSULTANT will not thereby be deemed to have represented that exhaustive,' continuous or detailed reviews or examinations have been made by CONSULTANT to check the quality or quantity of Contractor(s)'s work as it is furnished and Performed beYond the responsibilities specifically assigned to CONSULTANT .in this AGREEMENT and the Contract DOcumentS. CONSULTANT's review of Contractor(s)' .work for the purposes of recommending.payments will not impose' on CONSULTANT responsibility to supervise, direct or control Such work or for. the means, methods, techniques, sequencm, or pr0eedares of construction or safety precautions or programs incident, thereto or Contractor(s) Compliance with laws, rules, .regulations, ordinances, codes or orders applicable to furnishing and performing the w°rk. It will also not impose responsibility on CONSULTANT to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that rifle to any of the work, materials or equipment has passed to OWNER free and clear of may lien, claims, security interests or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. Contractor(s)' Com__pletion Documents_i: CONSULTANT shall receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are to be assembled by Page C-5 ~ March 8, 2000 ,, Contractor(s) in accordance with the Contract Documents (but such review will only be'to determine that their conten complies with the requirements of, and in the ease of certificates of inspectiol~, tests, and approvals the results certified indicate compliance with, the Contn ~ct Documents); and shall transmit them to OWNER with written comments; 12. !3. lnspecfions: CONSULTANT shall conduct an inspection to determine if the work is subsm!tially complete and a final inspection to determine ff the completed work is acceptable to OWNER, FAA and 'other governing .agencies so that CONSULTANT may recommend, in writing, final payment to Contractor(s) and may give written notice to OWNER. and the Contractor(s) that the work is acceptable. (subject to any eondiiions therein expressed), but any such 'recommendation and .notice will be gu' ~ject t0.the limitations expressed in paragraph 'E. 10.b; and, Limitation of Responsibilities;. CONE',ULTANT shall not be responsible for the act or 'omissions of any COntractor, or of any subcontractor or supplier, or any of the Contractor(s)' or subcontractor's.or.~uPPlier's agents or employees or any other persons ·(except CONSULTANT's ~wn employees and agents) at the site or otherwise furnishing .or performing my of the Contractor(s)' work; however, 'nothing contained in paragraphs E. 1 ~ trough E. 12 inclusive, shall be construed to release CONSULTANT from liability for failure to properly perform duties and responsibilities assumed by CONSULTANT in the Contract Documents. SECTION II - SPECIAL SERVICES A. ~ervices Requiring Authorization in Advane~ If authorized in writing by OWNER, CONSULTANT shall sr~complish such special services of the following types which are got considered normal or customary Basic Sen, ices except where specifically provided for otherwise in the Work Authorizations. At OWNERts option, services may be provided by the OWNER through direct contracts with other '.professionals or may be .proVided by the CONSULTANT. When the CONSULTANT is requested to provide speC!al services, such services may be provided by the CONSULTANT's oWn forces or thrCugh subcontracts with other professionals; however, Contracts with other professionals for special services must have the approval of the OWNER before the work is initiated (OWNER approval of CONSULTANT's Work AUthorization listing subconsultants and subcbnsultant fees will be considered approval of subconsultant's contract.) Special services Will be paid for by OWNER as indicated in each Work Authorization in addition to the compensation for Basic Services described herein. Preparation of applications and sup~rting documents for governmental grants, loans or advances in connection with the PROJECT; preparation or review of environmental assessments and impact statements; review and evaluation of the Page C-6 . March 8, 2000 i I i I I i I I I , 10. 11. 12. 13. effect on the design requirements of the PROJECT of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the PROJECT. Sexvices to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNF_~; commonly,:referred to as AlE survey. Services ~esulting from significant changes in the general scope, .extent or character of the PRO~IECT or its design including, but.'not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents .or Contract Documents when such revisions are required by changes, in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to muses beyond CONSULTANT's control. Providing renderings or models for OWNER's use. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, public hearing or other legal or administrative prOCeeding involving the PROJECT (except as agreed to under Basic Services). Soils and material investigations including test borings, laboratory testing of soils and materials, related analyses and recommendations. Quality assurance tes~g during cOnstrUction. Furnishing services of a Resident Project Representative to assist CONSULTANT in observing performance of the work of Contractor(s). Preparation of Disadvantaged Business Enterprise Program. Cost accounting services, grant administration, and grant closeout. Reproduction and postage of reports, contract documents and specifications to FAA, OWNER, Contractor, regulatory agencies, prospective bidders, and plan rooms. Services in connection with work directive changes and change orders to reflect changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. Services in making revisions to Drawings and Specifications occasioned by the acceptance or substitutions proposed by Contractor(s); and services after the award of each contract in evaluating and determining the acceptability of an unreasonable Page C-7 March 8, 2OO0 or excessive number of substitutions propOsed by'Contractor~ 14.' 15. 16. Services resulting from delays beyond the cOntrol, of CONSULTANT. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause durir~g construction, (2) a significant amount of defective or negligent work of any (~ontractor, (3) acceleration of the progress schedule involving 'serviCes beyond normal working ·hOurs, (4) default by any 'ContraCtor, or (5) other causes beyond CONSULTANT's control. Evaluating an unreasonable or extensive number of Claims submitted by Contractor(s) or others in connection with the work. ' 17. '18. 19. 20. 21. Services after issuance to the OWNER of the final certificate for payment or in the absence of such certificate, more than 30 days after the date of Substantial Completion of the Work. ~ Provide assistance in the closing of any financial 'or related transaction for the PROY~CT. : .... Provide assistance in connection with [the refining, and adjusting of any equipment or system. ~ Preparation of a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked-up prints, drawings and other data furnished by Contractor(s) to CONSULTANT and which CONSULTANT considers signifieanI. · Operational Phase services: a. Provide assistance in eonnec~on with the refining and adjusting of any equipment or system' Assist OWNER in training OWNER's staff to operate and maintain the PROJECT. Assist OWNER in developin~ operation and 'maintenance of. SECTION Il][ - MISCELLANEOUS PROVISIOI~ systems and procedures for control of the md record keeping for the PRO~ECT. 'S 'F_xhibit "F", Payments and Miseella aeons Provisions, specifies requirements for payments to CONSULTANT, OWN] ~2R's responsibilities, other miscellaneous and Page C-8 Match 8, 2000 FAA .rtlandatory provisions. l~ago C-9 Mntoh 8, 2000 EXtHB1T D GENERAL PROVISIONS FOR ARCHITECTURAL DESIGN SERVICES This is an exhibit attached to and made a part 0f the AGREEMENT between the OWNER and the CONSULTANT for professional consulting services. For elements of the PRO~ECT which are primarily building improvements, deseflbed in the referenced AGREEMENT, the CONSULTANT shall perform professional services ias hereinafter described, which shallinclude customary architectural, structural, mechanical, a0d electrical engineering services. These services, when performed in accordance with acceptable engineering and architectural practices, shall be the limits of the CONSULTANT'S responsibility under this AGREEMENT. · These General Provisions set forth the general requirements for the performance of the various architectural services for projects req~ixed under this AGREF_IvlF_2qT. The CONSULTANT under each duly executed Work AUthorization shall perform the scope of work required by such Authorization, and, unless requirements to the contrary are specifically prescribed therein, shall perform the required services in accordance with the following requirements. SECTION I - BASIC SERVICES A. Basic Architectural Services will generally be completed in five (5) phases: 1. Schematic design phase; 2. Design development phase; 3. Contract Document phase; 4. Bidding phase; and 5. Construction phase. The general types of services to be performed in each phase are described herein. However, typical services may be change4 or deleted as required for each project. Additional services may be added as mutually agreed upon between OWNER and CONSULTANT. Such additions, ehanges,i or deletions will be outlined in each Work Authorization. ~chematie Design Phase The CONSULTANT. shall review the program furnished by the OWNER to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the OWN]~. The CONSULTANT shall provide preliminary evaluation of the OWNER's program, schedule and construction ~udget requirements, each in terms of the other, subject to the limitations set ft,rth in Exhibit F, paragraph II.A. Page D-1 Maich 8, 2~00 ! I 3. The CONSULTAN'r shall review with the OWNER altexnafive approaches to idesign and construction of the Project. ' ' ' 4. Based on the mutually agreed upon program, schedule and construction budget I requirements, the CONSULTANT shall prepare, for'approval 'by the OWNER, Schematic DeSign Documents consisting of drawings and other documents illustrating .the Scale and relationship of Project components. i 5. The CONSULTANT shall submit to the OWNER a preliminary estimate of Construction CoSt based on current area, v°lume or other unit costs. I C. Design Development Phas~ . . I 1. Based on the approved Sc?marie Design Documents and:any adjustments authorized by the OWNER in the program, schedule or construction budget, the I CONSULTANT shall prepare, for approval by the'OWNER, Design Development Documents consisting of drawings and other documents to fix and describe the size ' and character of the Project as to architectural, structural, mechanical and electrical I - systems, materials and such Other elements as may be appropriate. 2. The CONSULTANT shall adv!se .the OWNER of any adjustments to the I estimate ConstrUction Cost. Vrel m i i D. Con~tmcfion Documents Phase ' : : "· 1.' Based on 'the approved Design Development Documents :and any further I adjustments in the scope or quality of the ProjeCt or in the construction budget authorized by the OWNER, the CoNsULTANT 'shall prepare, for approval by the OWNER, Construction Documents consisting of Drawings and Specifications I setting forth in detail the requirements for the construction of the Project. 2. The CONSULTANT shall assist the OWNER in the preparation of the necessary I ' biddh~g infOrmation, bidding forms, the Conditions of de Contract, and the form "of AGREEMENT between the OWNER and the Contractor. · I 3. The CONSULTANT shall advise the OWNER of any adjustm, ents to previous preliminary estimates of Construction Cost indicated by changes m requirements or igeneral market conditions. ' 4. The CONSULTANT shall assist the OWNER in conneCtion with the OWNER' s I responsibility for frling documents required for the approval of governmental authorities having jurisdiction over the Project. I E. Bidding Phase l~age D-2 I M~toh 8, 2000 After authorization to proceed with the Bidding Phase, CONSULTANT shall: .1.¸ Assist the OWNER in advertising for and obtaining bids for each separate prime contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have ben issued, attend pre-bid confe, renc~s and receive and process deposits for Bidding Documents. Issue .addenda .~ appropriate to interpret,, clarLr'y .or expand the Bidding Documents. advise OWNF_R i as to the acceptability of subcontractors, Consult with and suppliers and other persons 'and organizations proposed by. the prime contractor(s) (herein called "Contractor(s)") for those portions 'of the work as to which such acceptability is required by .the Biddibg.Documeats. Consult with OWNER concerning and deteanine the acc~tab'flity of substitute materials and equipment proposed byi Contractor(s)when substitution prior to the award of contracts is allowed by the Bidding Documents. Attend the bid opening, prepare, bid'....tabulation shEtS and assist OWNER in evaluating bids or proposals and ih assembling and awarding contracts for construction, mate, rials, equipment and services. Furnish sets of Bidding Documents tolcontractor bidding and plan offices (Dodge, AC3C, etc.) during the Bidding Phase. The number of documents and their distribution will be specified .in the ~ork Authorizati°n(s)~ Construction Phase The CONSULTANT's responsibility to provide Basic Services for the Construction Phase under this AGREEMENT commences with the award of the Contract for Construction and termim res at the earlier of the issuance to the Owner of the' final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, but may ~e extended under the terms of Section H "Special Services". : The CONSULTANT shall provide ad ministration of the Contract for construction as set forth below, unless otherwise ]~rovided in this AGREEMENT. CONSULTANT shall attend preconS/mction conference. VisitS to Site and Observation of ConStruction: In connection with observations of the work of Contractor(s) while it is in progress: Page D-3, March 8, 2000 ,¸ CONSULTANT shall make visits to the site at intea~als appropriate to the various stages of construction as CONSULTANT deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s)' work. Based on information obtained during such visits and on such observations, CONSULTANT shall endeavor to determine in general ff such work is proceeding in accordance with the Contract Documents and CONSULTANT shall keep OWNER informed of the progress of the work. b) If OWNER requests more extensive site representation than is described, in F.4(a) above, CONSULTANT will provide a 'Resident Project Representative(s) as a Special Service. c) CONSULTANT shall not, during such visits or as a result of such observations of Contractor(s)' work in progress, supervise, direct or have control over Contractor(s)' work nor shall CONSULTANT have authority over or responsibility for the means, methods, t~ehniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulationS, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. . Accordingly, CONSULTANT can neither guarantee the performance of the construction contracts by Contractor(s) nor assume'responsibility for Contractor(s)' failure to furnish and perform their work in accordance with the Contract Documents. Defective Work: .During SUch visits and on the basis of such observations, CONSULTANT may disapprove' of or reject ContraetO~(s)' work while it is in · progress if CONSULTANT believes that such work will not Produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. Interpretations and Clarifications: CONSULTANT shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required, Shop Drawings: CONSULTANT shall review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the aforesaid Standard General Conditions), samples and other data which Contt.~tetor(s) are required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, Page D4 ~ March 8, 2000 ' · methods, techniques, sexluences or procedures of construction or to safety precautions and programs incident thereto. ' 'i I · 8. Substitutes: CONSULTANT shall evaluate and determine the acceptability of substitute materials and equipment proposed by contractOr(s), but subject to the I provision of Section II, paragraph A,~37, 9. 'Inspections and Tests:., CoNsULTANT shall ha're,authority, as OWNER's I representative, to require special in~ectiOn or testing of the work, and shall receive and review all certificates of inspections, testings and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but I · °nly to determine'generally that their e0ntent complies with the requirements of, and the results certified indicate c0m'~liance with,'the contract Documents). I 10. . DisPutes: CONSULTANT shall aetls initial interpreter of the requirements of the C0ntract..D.ocuments and judge· of the acceptability of the work thereunder andI make decisaons on ali Claims rela~.t~g'to the acCePtability of the work or the "interpretation of the requirements of the ContraCt DOcuments pertaining to the execution and progress of the work..i :. ' I 11. ApplicatiOns fOr Payment: BaSed on CONSuLTasql"s"0n-site observations as an ' '" exPerienCed and' qualified design pr0fessi°nal, °n information provided bY the I Resident Project Representative'and qn review of applications for payment and the aCcompanYing data and schedules: ": I a) CONsuLTANT shall determine the am°unts 'Owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts. Such I · recommendati°ns of payment will constitute a representation to OWNER, ; 'based on such observations an~ review, that the work has.progressed to the .pOint indicated, and that, 'tolthe best' of cOIqSULT~T,.s knowledge, I · :information and belief, the quality of sUCh·Work is generally m accordance with the Contract Documents '(subjeCt to an evaluation of such work as a functi°ning .whoie prior to or Up0n SUbstantial Completion'to the results ofI any subsequent tests called for in the Contract Documents and to any other qualifications stated in the r0:ommendation). In the ease of unit price Work, CONSULTANT's recOmmendatiOns of payment will include final i determinations of quantities a~d classifications of such work (subject to any subsequent adjUstments'all°wed by the Contract Documents). I b) . By recommending any payment, CONSULTANT will not thereby be deemed to have represented that exhaustive, continuOus Or detailed reviews I or examinations have been made'by OWNER to cheek the quality or quantity of Contraetor(s)'s work as it is furnished and performed beyond the responsibilities specifically assigned to CONSULTANT in this I AGREEMENT and the conmt Documents. CONSULTANT's review of Contractor(s)' work for the purposes of recommending payments will not impose on CONSULTANT responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, orproeedures of construction or safety p. recautions or programs ineident~ thereto or Contractor(s) compliance with laws, rules, regulations, Ordinances, codes or orders applicable to. their furnishing. and p~'forming the ·work. It will also not impose responsibility on COI~SULTANT.to make any examination to ascertain how or .for what purposes any Contractor has used the. moneys Paid on account of the Contract Price, or to determine that rifle to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, 'security interests'or encumbrances, or that there may n°t be other matters at issue between OWNER and Contractor that might affect the amount that should be paid ..... '. . 12. Contractor(s)' Completion Documents:. CONSULTANT shall receive and review maintenance and OPerating instructions, Schedg~' guarantees, bonds and · . certificates of.inspection, tests and .approvals Which are. to..be assembled by Contractor(s) in accordance with the Contract Do,e. uments (bu.t .sUch review will only .be to determine that their content complies with th~ reqtttrements of, and in the case of certificates of inspection, tests and approvals the results certified indicate compliance with, the Contract Documents); and shall transmit them to OWNER with written comments. '. . '. ' ". '. '" 13. Inspections: CONSULTANT shall conduct an inspection to determine if the work ..is substantially complete and a final inspection .to determine if the completed work is acceptable so that CONSULTANT may reeommend,"in writing, final.payment to Contraet0r(s) and may give written notie.e to OWNER and the Contractor(s) that the work is acceptable (subject to any conditions therein expressed), but any such · recOmmendation and notice will be subject to the limitations expressed in paragraph ., F. 11.b. . .... ' .... '. i' . '"' .... 14. Limitation of Responsibilities: CONSULTANT shall not be responsible for the act or omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s)' or subcontractor's, or supplier's agents or employees or any other persons (except CONSULTANT's own employees and a~ents) at the site or otherwise .fumis.hi~. g or performing any of. the Contractor(s)' work; however, · nothh~g contained m paragraphs F. 1. through F. 13 inclusive, shall be construed to release CONSULTA~qT from liability for failure to properly perform duties and responsibilities assumed by CONSULTANT in the Contract Documents. SECTION II-SPECiAL sERvicES ' ' A. ~ervices_ Requiring Authorization in Advance March S, 2000 ~../ If authorized in writing by OWNF. R, CONSULTANT shall accomplish such special services of the following types which are not considered normal or customary Basic Services except where specifically provided for otherwise in the Work Authorizations. At OWNF~'$ option, services may be provided by the OWN]~ through direct contracts with other professionals or may be provided by the CONSULTANT. When the .CONSULTANT is requested to provide special services, such services may be provided by the CONSULTANT'S own forces or through subcontracts with other professionals. However, contracts with other professionals for special services must have the approval of the OwNF-R before the work is initiatec, however CONSULTANT shall remain reSPonsible for work of subconsultants, $peaial services will be paid for by OWNF. R in addition to the compensation for Basic Services described herein. Preparation of pre. applications and/or applications and supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review 'of environmental assessments and impact statemeats; review and evaluation of the'effect on the desil~n requirements of thc project of any such of authorities having jurisdiction ovexl the anticipated environmemtal impact of the Project. Services to make measured drawing~ of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by O~W_~; commonly referred to as A/E survey. Se. trices resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by Changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to causes beyond CONSULTANT'S eontxol. 4. Providing renderings or models for OWNER'S use. Preparing documents for alternate, separate or sequential bids requested by OWNER after receipt, of original bids and for Contractor(s)' work which is not executed or documents for out-of-sequence work. Investigations involving detailed consideration of operations, maintenance and overhead expenses; providing Value Engineering during 'the course of design; the preparation of feasibility studies, aash flow and economic evaluations, .rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and Page D-7 Mm, eh 8, 2000 t 10. 11. 12. '13. 14. 15. 16. 17. 18. audits for inventories required in connection with construction performed for OWNER. Services resulting from the award of more separate prime contracts for construction, materials, equipment or services for the Project than are contemplated by an approved Work Authorization, and services resulting from the arranging for Performance by persons other than the principal prime contractors of services for the OWNER and administering OWNER'S contracts for such services. Providing any type of property surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and .staking to enable Contractor(s) to proceed with their work, and providing land surveys and other special field surveys., Assistance in connection with bid prot~ts, re-bidding or renegotiafing contracts for construction, materials, equipment or services. Services during out-of-town travel required of CONSULTANT other than visits to the site as required by Section I. ' ' Preparing to serve to serving as a conSUltant or witness for .OWNER in any litgafion, public hearing or other legal or administrative proceeding involving the Project (except as agreed to under Basic Services). Softs and Material Investigations including test borings, laboratory testing of soils and materials, ielated analyses and recommendations. Quality Assurance testing during Construction. Furnishing services of a Resident Project'Representative to assist CONSULTANT in observing performance of the work of contractor(s). Preparation of Disadvantaged Business Programs. Cost accounting services, grant administration, and grant cioseout. Reproduction of additional copies of reports, contract documents and specifications above the specified number furnished in Basic Services described in each Work Authorization. Providing analyses of the OWNER's needs and programming the requirements of the Project. Page D-8 Merch 8, 2000 19. 20. 21. 24. 28. 29. 30. 31. 32. 33. Providing financial feasibility or other special studies. Providing planning.surveys, site evaluations or comparative studies of prospective Providing special surveys, environmental studies and submissions required for approvals, of govemmental authorizes :or others having jurisdiction over the Project. , Providing services relative to fu.ture facilities, systems and equipment. Providing services to.verify, e. a~uracy of drawings or other information furnished by the OWNER. Providing coordination of constructio~ performed by separate contractors or by the OWNER's own forces and eoordinaiion of services required in connection with construction performed and 'equipmeht supplied by the oWNER. Providing services .in connection with the work of a c°nstructi°n manager or separate consultants retained by the OWNER. Providing detailed estimates of Conslruction Cost. Providing detailed quantity surveys or inventories of materiall equipment and labor. Providing analyses of owning and o~erating costs. Providing interior design and.0ther slrnilar services required.for or in connection with the selection, proCUrement or` installation of furniture, furnishings and related equipment. · i Providing services for planning tenant or rental spaces. Malting investigations, inventories o~ materials or equipment, or valuations and detailed appraisals of existing facilities. Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marleed-up prints, drawings and other data furnished by the Contractor to the CONSULTANT. Providing assistance in the utilizatidn of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation ~nd maintenance, and consultation during operation. I Page Mm-oh 8, 2000 I I I I I i I i I I I I I I I 34. 35. '36. Providing services of consultants for other than architectural, structural, mechmfical and electrical engineering portions of the Project provided as a part of Basic Services.' ~.. '.~:'. ,.... Provid/ng any other services not otherwise included in this AGREEMENT or not customarily furnished in accordance with generally accepted architectural practice. 'Services in connection with Work directive changes and change orders to retie, ct changes requested by 'OWNER fi'the reSulting change in compensation for Basic Services is not commensmate with thc additional sea'vices rende, md. 37. · Services in making revisiOns· to Drawings and Specifications occasioned by the 'acceptance or substitutions proposed by Contractor(s); and.serVices after the award .of each C°ntract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions Proposed by Contractor. :: ... 38. Services resulting from significant delays, Changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. Additional or extended services during, construction made necessary' by.(1) work damaged by fire or other cause during construction, (2)a significant amount of defective or negligent work of any Contractor, (3) acceleration of the progress schedule involving services beyond normalworking hours, and (4) default by any Contractor. : 40.¸ 41. services in connection with any partial utilization of any part of the Project by OWNER prior to Substantial Completion. .. . :: Evaluating an unreasonable' or extensive number 'of' clalms submittal by Contractor(s) or others in connection with the work. 42. Services after issuance to the O~ of the final certificate for payment or in the absence of suCh .certificate, more than 60 days after the date of Substantial Completion of the Work. $1gCTION 1II - MISCELLANEOUS PROVISIONS 1. Exhibit "F", Payments and Miscellaneous Provisions, specifies requirements for payments to CONSULTANT, OWNF_~'s responsibilities, other miscellaneous and FAA mandatory provisions. '. '" Page D-10 March 8, 2000 DUTIES, RESPONSIBILITi~, AND LIMITATIONS OF AUTHORITY OF RESIDENT PRO~[ECT _-~EPRF_~ENTATIVE This is an exhibit attached to and made a part of the AGREEMENT between the OWNER and the CONSULTANT for Professional Consulting Services. ~. For elements of the PROTECT described in the referenced AGREEMENT, the CONSULTANT shall perform Resident Project Representative services in accordance with the following: General.' Resident Project Representative (RPR) will be the CONSULTANT's agent at .the site, will act as directed by and under the supervision of. CONSULTANT, and will confer with CONSULTANT regarding RPR actions. RPR's dealings in matters pertaining to the onsite work shall in general be only with the CONSULTANT and Contractor, and dealings with subcontractors shall only be through or with the full knowledge of Contractor. Written communication with OWNER will'be only through or as directed by CONSULTANT. Duties and Responsibilities of RPR~ '"I · 1.' .., Schedules:. RevieW the progress schedule, schedule of shop drawing submissions, 'and schedule of values, prepared by Contractor and consult with the CONSULTANT concerning acceptability. 2. Conferences and Meefing~ Attend meetings with Contractor ·such as pre. construction conferences, progress meetings and other conferences as ~luired in consultation with CONSULTANT and'notify those expected to attend in advartce. Prepare and circulate copies of minutes thereof. 3. Liaison: · . ULTANT a.; 'Serve as the CONS '.s .liaison with Contractor, working principally through ContraCtor's superintendent and .assist him in understanding the intent 6f the contract documents. Assist the CONSULTANT in serving as the OWNER's liaison with .the Contractor when the Contractor's operations affect the OWNER's onsite operations. b. As requested .by the CONSULTANT, assist in Obtaining from the OWNER additional details o.. information, when required at the job site for proper execution of the work 4. Shop Drawings and Samples: a. Record date of receipt of st top drawings and samples, receive samples March 8, 2000 I I I I I I I I i I I I i I I I i ¸6. which are furnished at the, site by Contractor, and notify the CONSULTANT of their availabili~ for examination. b. Advise the CONSI. YLTANT and Contractor or its superintendent immediately of the commencement of any work requiring a shop drawing or sample submission ff the submission, has not been approved, by the CONSULTANT. Review of Work,_Rejection of Defective Work, Inspection and Tests: Conduct onsite observations of the w°rk in progress to assist CONSULTANT in determining if the work is proceeding in accordance with.the contract documents and that completed work will conform to the contract documentS. " .. b. Report to the CONSULTANT whenever RPR believes that any work is unsatisfactory, faulty, or defective or does not conform to the contract documents or does not meet the requirements of any inspections, tests, or approva! required to be made or has been damaged prior to final payment,' and advise the CONSULTANT. When he believes work should be corrected Or rejected or shOUld be uncovered for observation or requires special testing, inspection, or approval. c. Ve~y that tests, ..equipment., and SYStems startups and operating and maintenance training are Conducted as required by the contract documents and in. presence of the appropriate personnel, and that Contractor maintains adequate records there°f; observe, record, and report to the CONSULTANT appropriate details relative to test procedures and starmps. d. AccomPany visiting inspectors representing public or other agencies having jurisdiction over the PROJECT, record the results of these inspections, and report to CONSULTANT.. ~nte~r_etation of Contract DocUment~.· Transmit to Contraetor, CONSULTANT's clarifications and interpretations of the contract documents. Modifications: Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report them with RPR's recommendations to CONSULTANT. Transmit to Contractor decisions as issued by CONSUI.,TANT. p, ecords: Maintain at the job site orderly, fries for correspondence, reports of job conferences, shop drawings and samples submissions, reproductions of original contract documents including all addenda, change orders, field Page E-2 ~ March 8, 2000.. 10. 11. 12. orders, additional drawings issued subseqUent to the execution of the contract, CONSULTANT's clarifications and interpretations of the contract documents, progress reports a~d other project related documents. K~p a diary .or log 'book, recording hours'on the job site, weather conditions, data relative to C~ntractor's. questions or extras or deductions, quantifies of materials installed on the PROJECT, list of visiting officials and representatives of manufacturers, fabricators, .suppliers, and · distributors, dally activities, decisiOns, observations in general and specific observations in more detail as in the case of the observing test procedures. Send copies to the CONSULTANT. Record names, addresses, ~d 't~ephone .numbers of all contr~tors, subcontractors, and major suppliers of materials and equipment. Reports[ Furnish to CONSULTANT, oWI~,R, and the Federal Aviation Administration periodic reports as required of the progress of the work and Contractor's compliance'with the approved progress schedule and schedule of shop drawing submissions. Consult with the CONSIJLT$2qT in advance of scheduled major tests, inspections, or start of important phases of the work. Report immediately to the CONSULTANT upon the occurrence of any accident. Review and certify Contractor's payroll submittals for compliance with Federal law pemining to classification and wage rates. ?a~tment Requests; Review applications for payment with Contractor for compliance with the established procedure, for their submission and forward them with recommendations to the CONSULTANT, noting particularly their relation to the schedule of values, work completed, and material and equipment delivered at the site but not incorporated in the work. certificares', Maintenance and Operation Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed; and deliver this material to the CONSIYLT~ for his review and forwarding to OWNER prior to fma' acceptance of the work. Completion: Page ~-3 Mm'eh 8, 2000 Before the CONSULTANT issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. Conduct final inspection in the company of CONSIX,T~, OWNER, and ConWaetor and prepare, a final list of items to be. completed or corrected. ' Ct .Limitations Qf Resident Project RepresentatiVe's umon~y. ~: · Except upon written instructions of the CONSULTANT, RI'R: 1. Verify that all items on final list have been completed or corrected and make recommendations to the CONSULTANT eoneeraing acceptance. Shall not authorize any deviation from the, cOntract documents or approve any substitute materials or equipment . ' ' Shall not exceed limitations of the CONSULTANT!s authority as set forth in the contract documents. Shall not undertake any of the responsibiliti.es of Contractor,. subcontractors, or Contractor's superintendent, or expedite the work. Shall not advise on or isSUe fl[recfions relative to any aSPect of the means, methods, techniques, sequences, or procedures of construction uales.s,sueh is specifically called for in the Contract documents. Shall not issue·directions as to safety programs in connection with the work. Shall not accept Shop Drawing. or sample submittals. ·from anyone other .than Contractor. Shall not authorize the OWNER to occupy or utilize the PROJECT in whole or in part, without the approval of CONSULTANT. Shall not participate in specialized field or laboratory tests, or inspections conducted by others except as specifically authorized by CONSULTANT. Page E-4 Match 8, 2000 · . PAYMENTS AND MISCELLANEOUS PROVISIONS. I ~' This ~s an exhibit attached 'to and made a Part of the AGREEMENT between the I OWNER and the CONSULTANT for professional consulting services. ~BCTION i- PAYMENTS TO THB CONSULTANT The oWNER agrees t° Compensate the CONSULTANT for services performed in accordance with one of the follow~g methods as hereinafter set forth. It is further agreed that I such compensation includes bOth direct and indirect 'CoSts chargeable to the PROJECT under generally accepted accounting principles, . The method of payment and the mount ofp~Yment for specified services shall'be detailed in each Work Authorization. The receipt of an approved Work Authorization will constitute the I CONSULTANT'sNotice-to-Proceed.. ·" [. ": Unl¢ss otherwise aPProved in writing, the CONSULTANT is not to undertake any work I prior to the receipt of an approved Work Authorization executed by the OWNER. 1. Cost Plus Fixed Fee ' ' : "' ': ' '' "' ;: - I Under this method of payment, the CONsULTANT's compensation will be equal to d~eot hourly cost times a factOr to cover overhead plus direct non-salary expense and a fixed fee i t° cOVer profit. The cOst may be more or less 'than estimated, but the fixed fee will neither increase nor decrease, unless there is a change in theiSt°Pc, complexity, or duration of the work. In that event, the fzxed fee would be subject to re-negotiation. Should the total cost be more than I the estimated budget in an appr°ved Work Authorization, a suPPlemental Work Authorization covering the additional costs of the particular lask in question will be prepared by the CONSULTANT and submitted to the OWNF_I~ fo~ review and approval. I 2. ~loufly Fee Schedule and Subconsultants/ 1 Under this method of payment, the CONSULTANT's compensation will be based on actual hours worked, by discipline, times the then !current fee schedule, plus direct non-salary 1 expenses, including 'the direct costs of sub¢onsultants plus a lump sum administrative fee. The hourly fee schedule wm only be utilized for specific minor items of work performed as Special services. , i 3. Lump Sum ' I For work that can be defined and delineated in advance, payment to the CONSULTANT will be made on the basis of a lump sum. The agrekat lump sum shall represent full payment for I allpayroll, overhead, profit, other non-salary expenses as ltfld direct hereinafter described. The Page I I i I I I i I I i i I I I I I I I I lump sum will not increase nor decrease unless there is a change in the scope, complexity, or duration of the work. In that event, the lump sum would be subject to re-negotiation, and CONSULTANT. will prepare and submit a supplemental Work Authorization for OWNER approval. 4. General Payments to the CONSULTANT on'account of the above fees are payable upon recdpt and are past due thirty (30) days after the dare'of invoices. Amounts not paid within 30 days of invoice date are delinquent and OWNER agrees to pay a late payment fee in the amount of 1.% per month or the max/mum late payment fee permitted by applicable law (whichever is less) on any unpaid amount for each month, or fraction thereof, that such payment is delinquent. Invoices shall be submitted periodically for the amount of work carried out in that period. The OWNER shall not retain any amounts due from the CONSULTANT's invoices, nor withhold said invoices pending FAA and/or other agency approval. 5. . The following definitions will apply to the payments for senrices. Salary Cost - For purposes of this AGREEMENT, direct salary cost is defined as the current aetuat cost of salaries of personnel for the time directly chargeable to the PROJECT. Overhead - For the purpose of this AGREEMENT, overhead shall be as described in Chapter 4 of FAA Advisory Circular 150/$100-14C as amended. For billing under the cost plus fixed fee method of payment, overhead as defined herein shall be direct salary cost times the current overhead rate of the CONSULTA2~ when the Work Authorization is signed. Direct Non-salary Expenses - These generally include items of expense directly ".chargeable to the PROYECT and substantiated by appropriate documentation. Typical items may include the cost of subconsultants, living and traveling expenses of employees, communications expense, postage, reproduction, computer time, identifiable supplies and other items that can be identified with the PROJECT. SECTION Il - MISCELLANEOUS' PROVISIONS A. E~mates: Since the CONSULTANT has no control over the cost of labor and materials or over competitive bidding and market conditions, the estimates of construction cost provided for herein are to be made on the basis of his experience and qual/fieations, but the CONSULTANT does not guarantee the accuracy of such estimates as compared to the Contractor's bids or the PROJECT construction cost. B. Extra Work: Page F-2 March $, 2000 1. It is mutually understood and agre~ that the OWNER will compensate the CONSULTANT for services resulting from significant changes in general scope of the PROJECT or its design, but not necessarily limited to, changes in size, complexity, project schedules, character of construction, revisions to previously accepted studies, reports, design documents for contract documents and for .preparation of documents for separate bids, when such revisions are due to causes · beyond the CONSULTANT's e°ntro- and when requested and authorized by the OWNER. Compensation for such extra work when authorized by the OWNER Shall be established in each Work Authorizati°n~ CONSULTANT shall promptly notify OWNER in writing of all extra work or cost variations on the PROJECT Prior to undertaking said work. 1. All documents including drawings and specifications prepared by the CONSULTANT pursuant to this AGREF_aMEN~ 'are instruments of service.with respect to the PROJECT. They are not intended or represented to be suitable for 'reuse by OWNER or others on extensions of the PROJECT :or on any other PROJ~..CT. Any reuse withoUt writtefi verification will be at OWNER's sole risk and w~th no liability or legal exposure to CONSULTANT. AnY SUch verification will entire CONSULT32qT to further compensation at rates to be or adaptation agreeti upOn by: OWNER. and CONSIJLTANT. Notwithstanding these provisions , .. :the OWNER shall he':prOvided upon iequest a reproducible copy of any drawing Pr°dueed under this AGREEMENT Iat .the cost of:.reproduction, and will be · ~er~itted full use of such documents SUbject to the limitations set forth herein. T D. Responsibility of the CONSULTAN : 1. 'The CONSULTANT shall be responsible for the professional quality, technical aCcUracy, timely completion, and file coordination of all designs, drawings, s.p.ecifications, reports, and other servilms furnished by the CONSULTANT under this AGREEMENT. ' ' '' ' 2. Approval by the OWNER and other agencies of drawings, designs, specifications, incidental engineering work or materials furnished hereunder shall not reports, in any way relieve the CONSULTANT of his responsibility for the teelmical adequacy of his work except as to majors involving peculiar.conditions or uses of the Property known to the OWNER or other agencies but not to the CONSULTANT. 3. The CONSULTANT shall not be responsible for any time delays in the PROJECT caused by the loss or destruction of any portion of the PROJECT including, but not limited to, fn'e, theft, smoke, storm, vandalism, sudden or accidental damage from irregularities in electrical current, or any other circumstance beyond the Page ,, Maroh 8, 2000 CONSULTANT's control. Responsibility of OWNER: , As a part t° this A.GREEMENT' the OWNER shall: 1. 'Make available for the cONSULTANT's use all r~ord drawings, maps, " infer, marion, as to unusual conditiOnS or practices affecting the CONSULTANT's services, soft data, etc', that are rea .dily available to the O~. 2. Designate a person to act with authonty on the OWNER's behatf and reSPond in a timely manner to submissions by the CONSULTANT providing approvals and : authorizati°ns as.appropriate:so that work may Continue ara normal pace. 3. ' Pay all costs associated with sp .e.e.e~ services authorized by the' 'OWNER and all Costs assOciated with Obtaining bids from Contractor.s, including'but not limited to _ _ _ 4. Furnish such accounting, msurance and legal counseling services as OWNER may require for this PROjECT. Obtain advice of an attorney, insurance counselor or Other Consultants as oWNER deems appropriate for examination' of the Contract ' D°~Uments prepared by CoNsULTANT. "': :.'" 5. Pay all costs incidental to compliance with requirements of these paragraphs 1 through 4. - ' Termination: '' :" :',, 1. This AGREEMENT may be terminated in Whole or in part in Writing b,y either party in the event of substantial failure by the other party !o fulfill its obligations under this AGREEMENT through no fault of the terminating party.provided that no such termination may be effected unless the other pa~.y is given. a. Not less thau 10 calendar days written notice of intent 'to terminate; and, b. An Opp°rtunity for consultation with the terminating party prior to termination. 2.This AGREEMENT may be terminated, in whole or in. part in writing by either party without cause on sixty (60) days written notice. 3. Upon receipt of a tennination notice, the CONSULTAi~O~. shall promptly discontinue all services affected (unless the notice dkects othe. rwlse) and deliver or otherwise make available to the OWNER all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may March S, 2000 have been accumulated by the CONSULTANT in performing this AGI~RMENT, whettier completed or in process. If this AGREEMENT is terminated. by either party, CONSULTANT shall be paid for services rendered pursuant t0this AGREEMENT. If termination of the . AGREEMENT occurs at the conclusion of one phase and prior to authorization of the OWNER to begin the next phase, payment by the OWNER of the completed Phase shall be consid~ed full compensation due the CONSULTANT. Audit: 1. Access to Records .The. CONSULTANT shall mm~ lbo°kS, records,, documents, and other "evidence directly pertinent to the work under this AGREEMENT in accordance with generally accepted accounting principles and practices. The OWNER, the Federal Aviation Administration,' the Comptroller General of the United States or any'Of .th~r duly appointed rePrese~ntatives shall..have access to any books, document%'PaPe~s, records', and 0~h0r evidence for. the purpose' of examination, audit, e~ce~ts, and tranSCriptions. 'Records described above shall be .m. aintained and made available during the performanCe'under this AORg~E~.~d for a' Period' Of three years after the OWNER makes final payment and ali other pen~g matters are closed. He~dings The headings of the Exhibits, Sections.. this AGREEMENT are for the purp deemed, to expand, limit or eh~ge Schedules, and Attachments. Assignment . Sched.ules, and Attachments as contained in ~se of convenience only and Shall not be :he provisions in such Exhibits, Sections, CONSULTANT acknowledges that ils services are unique and personal and its rights under this Ao m mm- may~0t be assigned or its duties or obligations delegated, without the express written bonsent of OWNER. sECTION 1II. MANDATORY FAA ?ROVISIOI~_S (AC 150/$100-14C APPENDIX 1~: .. Title VI Assurances.. During the Performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter' referred to as the ,'CONTRACTOR") agrees as follows: Page · Maroh 8, 2000 I i 1. Compliance with Regulations: The CONTRACTOR shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the i Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, .as they may be amended from time to time, (hereinafter referred to as' the Regulations), which are herein incorporated by reference and I made.a part of this contract. · ' I 2. ' Nondiscrimination: The CO..N'!~. CTOR, with regard to the work performed by · 'it during the contract, shall not discriminate on the.grOunds of race, cOlor, national Origin' or sex in the selection and retention of .subcontractors, including i procureme~nt of materials and of leases of equipment. 'The.CONTRACTOR shall not particiPate either directly or indirectly ia' the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract I covers a program set forth in Appendix "B" of the Regulations. i 3. Solicitations_f_or Subcontracts, Including Procurements o£ Materiit!s and Equipment: In all SOlicitations elth~by ·competitive bidding or negotiation re.adc by the CoNIII~CTOR for work to be Perf°rmed. under a subcontract, including I procurements of mate.~als or leases of equipment, each potential subcontractor or supplier shall be notified by the cONTRACToR of the CO..NfI~..CTOR's obligations under this contract and the Regulations relative to nondiscrimination on I the grounds of race, color, or national, origin, . ' i 4. lnfoj:mati°n and Reports: The CONTRACTOR shall provide all information and reports required by the Regulations Or directives issued pursuant thereto, and shall 'permit access io its books, records, acCoUnts, other sources of information, and its facilities s.s. may be determined by the OWNER or'the Federal Aviation I Administration to be pertinent to ascertain compliance with such Regulations, .orders, and instructions, Where any information required of a CONTRACTOR is I in the exclusive possession of another who'fails or refuses to furnish 'this information, CONTRACTOR 'shall so certify to the OWNER or the Federal Aviation Administration as apPropriate and shall set forth what efforts it has made I to obtain the information. 5. Sanctions fei Noncompliance: In the event of the CONTRACTOR's i noncompliance with the nondiscrimination provisions of this the OWNER contract, shall impose such contract sanctions as it or the Federal Aviation Administration i may determine to be appropriate, including, but not limited to: a. Withholding of payments to the CONTRACTOR under the contract until i the CONTRACTOR complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in i part. Page F-6 i Mamh 8, 2000 Ineo!porafion of Provisionj:...The CONTRACTOR shall inclUde the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The cO~CTOR shall take such action ~vith respect to any subcontract or procurement as the OWNER or the Federal Aviation Administration may direct as a means of enforcing sUch provisions including sanctions for noncompliance. Provided, however, -hat in the event a CONTRACTOR becomes involved in, otis threatened with, litigation with a SUbe°n~etot or supplier as a result of such direction, the CONTRACTOR may request theOWNER to enter into such litigation to protect the '.m.,terests of the O~ and ~ addition, the CONTRACTOR may'request the United States to enter into such litigation to .protect the interests of the United i;tates~ Disadvantaged Business Enterprise (DBE) Assuraneesi'~ Policy: It is the policy of the DOT that disadvantaged business enterprises as defined in 49 CFR Part' 26 sh~ haVe the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this AGREEMENT. Consequently, the DBE requirements of 49 CFR Part 26 apply to this DBE Obligation: The CONTRACTOR agrees to ensure that disadvantaged business enterprises as ·defined in 49 CFR Pm 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or 'in part with f~eral funds Provided ~nder this AGREEMENT. In this. regard, CONTRACTOR shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that di.~advantaged business enterprises have the maximum opportunity to compete fo.r and perform contracts?. CONTRACTOR shall not discriminate· on the basis of race, Color, national origin, or sex in the award and Performance of DOT-assistai' e0ntmets. Further, the CONTRACTOR agrees to comply with all provisions Of the OWNER's DBE program as amended from time to time. Page F-7 March 8, 2000 i i i I i I I I I EXI:ITRIT G SAMPLE WORK AUTHORIZATION FORM CITY OF SEBASTIAN (Florida) Work Authorization for Professional Services (Project Identification No.) (Work Authorization No.) It is agreed to undertake the following work in accordance with the provisions of our Prime Agreement for Professional Services dated . Desc~ption of Assignment: Basis of Compensation/Period of Services: Agreed as to scope of services, time schedule, and budget: For the City of Sebastian (Florida) Date: Attachment: Supporting Data for Budget For THE LPA GROUP INCORPORATED Date: Page G-1 Mm'eh 8, 2000 City of Sebastian, Florida Subject: Work Authorization for Airport Master Plan Update Approved for Submitial by:.City Manager Agenda No.. Department Origin: City Mamger Date Submit~d: 4-20-00 For Agenda of: .4-26-00 Exhibits: Proposed Work Authorization for Airport Plan Master Plan EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A lfliiQUIRED: SUMMARY .. . The proposed Work Authorization for the Airport Master Plan Update pursuant to the Continuing Services Agreement between the City of Sebastian and the LPA Group, Inc., is for your review and consideration. RECOMMENDED ACTION Move to approve and authorize the City Manager and City Clerk to execute the Work Authorization for the Airport Master Plan Update, pursuant to the :.Continuing Services Agreement between the City of Sebastian and the LPA Group, Inc. CITY OF SEBASTIAN ' ' . (Project Id~ntifioation'No.) ' ,(Work AuthoriZation Number) It is agreed to uad~take the following work in accordance- with the provisions of our Prim~ Agreement for Professional Services dated ' Descriofion of Assignment: . ' '" ' ' ~' ' A. The s~pe of work und~ this project titled ,AIRPORT MASTER PLAN UPDATE' at the Se, bastian Municipal Airport provides'the s~does to cmat~ pl~-~i~g documents for the Ah'port.: These documents, which will cover a 20. year period, include:. ,. · Stormwater Master Plan :' . , . B. This work will be oompl~d, through severa~ el,merits s.s des~ibed below: a) :Flernen~ I .- Pmi~c[ Initi~[ion incorporates the soo'ping of the project, as well as addressing thy immediate.izsu~s' and.con~? at ~e Airport, ..... ' b) Element 2 -. Inv~ o! Exislin~ ~ond/tions to provide a 'comPlet~ listing of physical fa~litiee, operaUonsl featurest land use oontro!s, envirout-eutal aspects, utilities, d~mo~aphic, s, ~. associated with the Airport. This element will also include the a~ial.photography and mapping of the Airport. . , c) ~.[vm~at 5 - Avistio~Activffy Fomaast~ t~ determine the various ~-'flvity levels to oc~ at the Airport over the plm~,i-g period. d)Element 4 ' Capacity A~ssment/Facility R~aU/mm~n~ provides quantitative and qualitative analyses to determine the defi~iencies of the Airport and what is required to e) Element $ - Airport A.l~ematives provides development options to determine the cost .benefit associated with each as w~ll as the compatibility of such in~...overnen~s. f)~iem~t 6 - K~fined Alternatives provides a combirmtion and revmmn for all of the seiected alternatives from the previous ¢l~ment. . . g) ~lement 7 - Aimon Layout Plan Draw~r~ creates a compl~e set of airport plans refl~.ofing the proposed fumm development. ' ' Element 8 - Financial Plan to' determine the cost and viability associated with each proposed development item. i) Element 9 -Final Do_c~ment~tion/Coordination Meetings to be conducted throughout the entire planning process. J) Element 10 - Stormwat~r Motet Plan to include a survey of the Airport property and the analysis of stonnwater flow on and around the Ah'port. Additional Provisions include: The Owner will provide LPA and LPA's subconsultants access to the site and all available information pertinent .tO this project, including as-built drawings and documents on underground utilities, pavements, and underground struCtUres within the project limits. b) The Owner will provide pertinent information regarding airport property, boundary, easement, fight-of-way and other information necessary, to create these planning documents. "' c) LPA will provide aerial photography of the Airport property. d) The Owner will negotiate additional contracts (s) with LPA for services beyond the scope of this project. e) LPA will provide the owner with the survey information conducted to support the Stormwater Master Plan study. Period of Services: The elements of this project will be completed between 15 and 18 months of the notice to proceed. Basis of Comoensation: As compensation for providing services mentioned above, the Owner shall pay the LPA a lump sum basis in the amount of $297,081.00 invoiced upon completion of each Element as follows: Element Element 2 7% Element 3 6% Element 4 7% Special Provisions: Element $ Element 6 Element 7 Element 8 '5% Element 9 - 13% Element 10: TaSks 10.1, 10.2 & 10,3 18% Task 10.4 18% TOTAL 100% The Scope of Services for ~is work authorization is attached hereto and incorporated by rei'erence, CITY OF SEBASTIAN By: Date: ATTEST: THE LPA GROUP, INCOKPOKATED ~y: Date: Katlu-yn M. O'Halloran, CMC/AA_E City Clerk (SEAL) Approved as to form and legality for reliance by the City Of Sebastian only: Richard Stringer City Attorney I i I I i I i I I I I I i i i I I i SCOPE OF SERVICES AIRPORT MASTER PLAN UPDATE "' , Sebastian Municipal Airport SEBASTIAN, FLORIDA General This project invOlves preparation of au Airport Mast~ Plan update for Sebastian lVlunicipal Ah'port in accordance, wit~ the requirements of the Federal Aviation Administration ~AA) ,nd the Florida Depsrtmmt of Transportation (FDOT), as well as for the needs of the City of Sebasfia% and Indian River County, Florida .Specifcally,.the master plan study,will be conducted in accordance.with FAA Advisory Circulars (AC) 150/5070-6A, "Airport Master Plans;' and AC 150/5300-13, "Airport Desiga' · This update will entail a comprehensive snslysis o£current airport facilities, determination of trends and aci~vities affecting the airport, the identification and analysis of potential sectors of the aviation industry having the likelihood of continued' operational activity at the Airport, or new oPPorOm!fies for ~-panded aviation activity at Sebastlsn Muni~al Airport. Additionally, the roamer plan update will result in the preparation of an analysis ofairside and landside alt~-n~tive s, preparation of a mmcial plaa and a~ AirpOrt Layout P~m (*T.P) m~t~ ~AA'and re)or ~a to guide future development on the airport. ' '. .' ' There are a number of key issues that haVe been identified b/the City as requirinl~ attention. In addition the LPA Group Inc.; (Consultant) has also identified.several key considerations that.need to be reviewed and evaluated in the master plan update. Issues requirinl~ consideration in the master plan update are delineated below and tasks'have been incorporated into the Scope of SelMces tO address, to varyinl~ levels of detail, these considerations. This list does not address every possible item to be considered .in the master plan update, but does provide au indication of the major concerns that should be addressed for'the master plan update to be of value to thc City of Sebastian, Indian River County, and the areas served by Sebastian Municipal Airport. Key ismes to be addressed'in the master plan update are delineated belova ' ~ Pavement condition and preservation. " ~ Maximize use of'Airport land - Economic Development.., q- industri~ Park Development. q- Utility extensions. .' .' '-)- Access (mad and parking) up~rades. ' ' ~- Land use and Zoninf~. .. · As noted, the preceding list is not intended to be an eXhaustive:!ilelineation of issues, but it does present au overview of a number of the key co~iderations that need to be considered in this master plan update. The master plan will .also review the land area needs of the Airport; the potential absorption of'land for aviation d~elopment, and the local enviro,~mental conditions that may impact property acquired by the Airport and its development viability. The ~oal of the msster plan is to define current and future aviation demand at Sebastian Municipal Airport, the means and alternatives for addressint~ this demand, and the role of'the. Airport inth¢ S~bastim M~'ip ~l A~m'~ local,, regional, and national aviation system.... The master planning activ/ties will also provide a capital improvements program for future development of the Airport, as well as an overview of land use compa~t/lity issues in the Airport environs and poss~le recommendations and Options to address land use compatibility. The master plan will provide the City with a comprehensive overview of the Airport's needs over the next twenty year time period, including 'issues relating to. the timing of proposed development, costs for this · development, methods' of financing, m _auagement options, and a clear plan of action. The approach to undertake the master plan update is outlined in the following elements of this Scope of Services. ELEMENT 1 - PROJECT INITIATION Task 1.1 Project Seeping Preparation of a seep? 'of work and man-hour es~m~te for the project ~ be developed. This scope ~ identify major tasks and sub.tasks as well as delineating general elements ofwork~o be conducted under each of the project activities. The man-hour e~m~,~e defines estimated time and cost for each task in the scope. D? t are d ed and, incl,,de not to: od Ong, m s, ,r =tatio,, p .'.~-g and graphics, aerial photography, weather data,:snd the costs to coordinate the seeping process. This task will also involve the development ora projeCt timeline of each ofthe tasks delineated in the scope. Project billings will be submitted on a monthly.basis and will be accompanied by a monthly status/progress report to support the b~lllng~ Task 1.2 - Immediate Issues and Concerns While de~r. elopment o£th.e master plan will ~ an extended period oftime, there are o~an issues and conc~ that requn'e more immediate attentioi1, l~rel,m;nR5, discuSdon with the City and A/rport Mausg~ have led to the identification of some immediate issues that need consideration prior to the completion of fire full phnning study. One of these issues relates to thc development of mC~hods .of identifying and collecting operational data at the Airport. At pres .e~t there is not[ a good source o£1ocal data rela~ug to this need. Likewise, a method for determining the fleet mix at'the a~ort needs to be developed. .' ' Finslly, an evaluation ofthe condition of existing aldie, ld pavements needs to b'~ performed to determine short- term as weJ1 as long-term pavement rehabil/tafion and strengthening'needs. · Task 1,3 - Technical Review Committee A Teehaical Review Committee will be created for technic plan process,' This committee will be created with repres (including .representation for economic developmentI publiedcommunity representatives.' Task 1.4 - Public Information Materials The master plan Public Information Process includes dew al review~ and to provide input tl the eafire master =ntafives from the FA~ FDOT, City of Sebastian Indian River County, airport tenants, and flopment of an informational brochure (black and white) describing the master plan process, the time frame for the. study, key points where public meetings will Pla~ Up&t~ Scope efServkcs PaSe 2 ell8 be held, local and consultant contacts, and the goals and objectives of the airport master plan study. These materials will. be made available to the general public at local Public offices including, but not necessarily limked to 'the pub.i/c library, City or County adm/nistrafion buildings, and local utility offices. A total 0f500 copies will be produced. ELEMENT 2 - INVENTORY OF EXISTING CONDITIONS Task 2.1 · Review and Evaluate Existing Documents .Existing documents including prev~.'ous planning studies, desiim drawings, inspection repom, aiflield pavement data, airfield pavement evaluafionrepor~s, lease reports and leases, obstruction charts, spproachp~es~ and built drawings of structures on the Airport will be olxaLaed and analyzed for their content. Doc,,ments to be obtained and reviewed include, but may not be limited to: +. Previous Airport MasterPlan Airport Layout Plan Drawings NOAA Obstruction Chaxt Current Airport Proper~ Plan FAA_Airport Master Record ~orm 5010) Airfield Pavement Study from ]~ckrose Green City of Sebastian Comprehensive Plan Indian lti~er County Comprehensive Plan Task 2.2 - Inventory Airport Physical Facilities The physical facilities inventory will consist of au on-site review of existing airfield and landside facilities with attention bei,~g paid to their size, condition, use, configuration, and adequacy. This informationwillbe used to evaluate the effectiveness of the individual facility, and any interrelationships between developed uses on the .aLrfield and how they may be affected by chsn~es designed to hnprove airport operations and/or capac/ty. Iucluded in this inventory will be the identification of property owned bY the Airport and the manner in which this property is being used. l~ollowing is an outli,e of key elements to be addressed: Land Holdings: 10rOp ,e!ly interests, including areas owned in fee simple and easement interests, will be identified. This information will be incorporated Onto the updated ALP. Information used in this task will be made available by the FDOT, NAA, the'City of Sebastian, and Jndian Kiver County. Airfield Facilities: Ranway/taxiway configuration, (inCluding dimensions, pavement strength, and condition where available), msr~n~S, si~e, ~ navigational aids, and weather reporting. facilities will be identified. Also~ the circulation and access on the airport operational areas will be identified. · ' ' FBO/GA Facilities: Structures devoted to use as Fixed Base Operations (FBO) will beide~ed and evaluated as to their .~-.e, use (maintenance hangar, storage hangar, office~ etc.), age and/or condition, and-tenant lease lot uses will also be identified. Included in the inventory will be a description of the FBO services provided. General A.viation (GA.) facflities, including raml~ areas, ,,,n1~er o£tiedowns, hangars by type (convemional, T-hangar, shade, portable, etc.) will be identified, and qmmtified by area or other appropriate measure. Age or condition of'the facility will be identified as win the u 'ulizstion and location of'the facility' on the Airport. On the landside the inventory will concentrate on road access, as well as the adequacy, ut~l~.~ion, and: condition of parking facilities in the area_ Whore specific data is not available, a general indicatio, quantity and condition will be developed through .. interview of FBO personnel and other signi~cant GA users on the Airport. Support Facilities: Airport support facilities to be inventoried will inciude, but not necessarily be l~m~ted to, Airport administration needs, fueling ~ties, .Airport ~ ,.enance faailities, and equipment. The current road network adjacent:to,the .'.mr-por..vr~l be inventoried, and existing local, county, and state sources of'information will be used·to identify plans for improving the roads. ,.~.,' ..~ · . :'" . '" ,:.i .. Task 2.3 - Airspace/Air Traffic ControllObstmctJons Air traffic control facilities involved in and/or responsible for handling tr~'~ into and out of the Sebastian Municipal Airport will be identieed and any procedures, as they relate to the Airport reviewed. An inventory' of the area airspace ~ be undertaken with emphasis l on .the identification of airways, rem'icted areas, intersections, and ob~uuctions inthe Airpon vicinity...Thi~, task will identiR/any operational l~mitations dueto traffic interaotions with the other airports in the region (sppc~c.~lly Melbourne .International Airport and Task 2.~ - Vicinity Land Use/Land Use ControlsI A review-will be made of e:cisting land use mapping, aerial photography, comprehe~ive plans, zoning and other documentation perts~-~g to current and future ~ use in the vicinity oftheAh-port. A windshield survey will be conducted, particularly in the vicinity of the approaches to the airport to verify this i~formation and to provide the consultant first hand knowledge of the Airport environs. Existing zoning districts in the City of'Sebastian, Indian ~ver County, and in adjaceut.municipalities wi!l, be reviewed to determine locations where potential nOn-compatible land uses could.develoP. LoCal pl~n"!~g °fflc/als will be interviewed to identh~y the potential for future reside.~tial, commer~ and industrial developmem inthe vicinity of the Airport, and particularly along the extended centerliues of the active nmways at Sebastian Municipal Airport. Also areview ogthe zoning ordinances, subdivision regulations, buildiu, g codes, and other documemation pen~ to land use management in the vic~ty of the Airport will be ..COnd~ ~cted, Attention w}ll be paid to those requirements that could affect the future developm~ of the Airport.. .Task 2.~ - Aerial Photography/Mapping New aec-iai photography will provide the basis for nmppin$ the Airport and areas v~th~n its approaches. This photo will.be ora scale, clarity, and cowrage to be used asthe b~s for subsequent alternative .analyses and as a base for the ALP set. The base map, which will be in a cIfgital form, ~ be created from the aerial photography. As such, no topographic, data will be collected as part ofth~ aerial photography. This aerial photography will als° include an infrared photo, which will be used to identify wetlands and other vegetative £~mres in the undeveloped portions of the Airport propmy. Additionally, mapping resources including but I i I I I I I I i I I I I i i I i I I i I I I I I I I I I I I I i I I I not necessarily llmked to United States C-eolo~ical Survey mappin~ and existing Airport mapping ~ be inventoried and analyzed to identify topographical features on and. adjacent to the Airport. This inforn~on will be used in the analysis of alternatives as well as in the development of the AT.P drawings. · Task 2.6 - Environmental Factors Inventory Atl invemory of on-airport en-/ironment, al conditions will be undertaken to provide abase, ll,e of conditions that may impact finure development within the current Airport property as well as those properties that are immediately contiguous to the Airport tmvi~ potential for ~tion. This inventory v/ill focus primarily on the i61antific~on of any wetlands.within these properties. Other areas to be reviewed will include iden~g key recharge areas associaied with the underlyin~ aquifer as w~ll as coorcii,st~,~g with other a~mc[es misfire to 'possible.endangered species of flOra and fa, ma,.or historic and archaeologi .csl resources. The locati°n ofvmter bodies clOse to the airpoxt that may attract waterfowl.will be identified..This inventory will also include, but not be'llm~ted tc, information about the ezisting scrub-jay buff'eJ' and any known endangered species such as ~opher tortoise or butrowin~ owls. Jnfo~on ~:om the City's habitat conservation Plan will be coordinated in the m,.,ter plan. . ~.. ..:.: · .. Task 2.7 - Obtain Economic, EmPloyment,. Business,' and Population Data ]nformafio= that defines the lOcal socJOec°nomic picture will be obtained,for use in subsequent tasks. Th~s dattt will, where available, include such information ~ base population and the rate of'chan~e, :historic and projested per.Capita:income, and historical and Projected disposable income. Likewise, infommtion regarding.total employment by general sector will also be obtained to identify ~rowth in industrial sectors, as well as ~ trends in the are~ BuiJd;~5 perm/t information relath~ to total number of permits bytype and overall Value of construct/on in the area .will be sought to identi~y the extent of expansion in both the housi~ and commercial Task 2.8 - inventory Ex~sting Utility Infrastructum Serving theAirport .:. · ~e ~ir~ o~ any o~ ~e ,~ pi~n d~v~op~ r~°~en~tions i~ hiS~Y~'ep~dent upon the a~i~ts o~ servin~ that development with'the essential water, sewer~ and electrical utih'fies that are required by Code and necessary for development. Utility providers servin~ the Airport and adjacent tracts of land will be contacted to identify the adequaCY of the service provided, av~ilable capacity, location ofsarvice lines, and their size, as well as other characteristics that cOuld impact the viab'~-y of serving ex/sting or proposed airport develOpmmt areas. Information relating to the plans each provider has for extendin~ utility services into presently~ _a~en~ed areas on or adjacent to the Airport will be identi/ied, as wall as information relating'to the general costs associated with extending each of the requisite utilities. It is anticipated that the primary areas of focus unde~ this task will be related to water se. xvice, sewer service, and electrical utilities. This will also include the proper coordination to ensure the existin~ and future local fire codes are met. .. ELEMENT 3 - AVIATION ACTIVITY FORECASTS Task 3:1 - Conduct Interviews of Airport Tenants · ~ Plsn Upd~e will.sollcit information such as satisfaction with currant facilities, levels of activity conducted fi:om the Airport, perceived Airport needs, fimn-e plans, :type of aircraft Used, and anticipated fleet additions and changes. A l/sting of Airport tenants will be used to identify persons to interview, as well as for follow~up discussions on Task 3.2 - Inventory Historical and Current Air Traffic Activity ASsemble and orgm~e data on historiO md current ~r tr~l~Bc activity at Sebastian Municipal AL-pon. information concerning the level of activity for any genenfl aviation operations .(both local and itinerant), military operations, fuel sales, and based alrcra.~ (by aircraft type) will be sought. Infon~tion concerning peak hourly operations, daily, monthly, and annual activity will be solicited throu~ interviews with the FBOs and quantified to the exSent feasible. Any o ,ther pertinent data will'l~e obtained from Airport records, the FAA, and 17DOT. '. Task 3.3 - Identification of Factors or Opportunities Affecting Activity Levels A key element in the' forecast process is the identificati°n 0fpotential for new or expanded se.,-vice by ~isting airpor~ users as well as the potential for the Airport to secure new service and users. This task will analyze potential changes in any business or economical patterns, or in' potential operators based at the airport, to determine .any potentially si~ificant .lectors'that could impact 'the' level or type of activity at Sebastian Muul~ipal ,~,irpon. Task 3;4 - Prepare General Aviation Forecasts Develop general aviation activity forecasts taking into consideration forecasts fi:om other sources that may include the FAA and the State o£Flofida The methodo-ogy used in this analysis ~ involve a variety of tech-iques that will identify state, regional, and national general aviation trends and their influence on activity at Sebastian Municipal Airport, ss well as the influence local business and economic activity Ires on general' mix, and the fle~ mix of based general iviafion' aircraft oVa- the tweni-y year planning period. The results of Ta~k 3.3 will also be taken into aecount in the'prepa~-atio= of these forecasts. Forecasts .of'general aviation activity will be.prepared £or the five,, ten and twenty ....... year Pi~nnlng horizon, and wilt p.rovide p ro'ectio. ~j ns ofthe following: ..... " ....... BaSed aircraft totals and fleet mix. ~ .- Annual general aviation operations (lOcal vS. itinerant). A,~nual instrument operations. , ' Peak month, Average day peak month, and{ peak hour operations. Task 3.5 - Prepare Working Paper i The first draf~ working paper will discuss the issues and info project, as well as the timings of the analyses conducted f maafion obtained during the inventory phase of the ~r the forecast element. This working paper will Soup~ ~ S~-vic~s P~ 6 ~ 18 present, in narrative and graphic format, i~formation relating to airport facilities, the access system servingthe airport, environmental fealures affecting the current' airport property and tracts immediately adjace, ut to the airport, airspace and obstruction considerations, and data related to land use compatibility. Also, the draf~ wor~ng paper will address the historic and curreni activity levels, factors impsaing Sebastian Municipal Airport, and the findings of the analytical portions of thc forecast process. Twenty-five (125) copies of the drai~ inventory and aviation forecast chapters (Working Paper 1) will be prepared for distribution to the representatives of the Technical Review Committee for their review. Working Paper 1 will be prepared in black and white at the drat sta~e of the process. The chapters of Worldng Paper 1 will be produced in color when the re. port is finalized. Task 3.6 - Technical Review Committee Meeting 1 Working papers/draft reports will be distn~outed at least one week prior to the Technical l?.evieiv CommitIee meeting for this element. This'will allow the FAA, FDOT, and the Technical P,~iew Committee time for review. FAA and FDOT approval of the Aviation Activity Forecasts will be obtained prior to subsequent analytical tasks on demand-driven factors and facilities. TaSk 3.7 - Public Meeting 1 A public meeting will be held alter tho Teclmical Keview Committee meeting for thi~ element. This meeting will serve to present the findings, of the forecast analysis. ELEMENT 4 - CAPACITY ASSESSMENT/FACILiTY REQUIREMENTS Task 4.1 - Analyze Airport CapaCity'and Delay The FAA's methodology for assessing airfield capacity and delay as delineated in FAA AC 150/5060-5 will be Used to assess airfield capacity in the master plan update. This methodology will be applied to the forecasts developed under Element Three. This capavity assessment will analyze the ability of the current airfield corrfi~tration to meet the anticipated demand over the twenty year planning period. This analysis will consider the runway configuration, layout oftaxiways and exit taxivays, weather conditions,-aircra~ fleet mix, and the percentage of local touch and go operations. Results will be expressed in terms of the hourly and annual service volume of the airteld, in minutes of delay per aircraft operation, and total estimated annual delay. Task 4.2 -Determine Design Aircraft and Runway Length Requirements Using information f~enerated in the interviews conducted as part of the inventory, the characteriaics of the current aircraft fleet ~ be identified paying particular attention to the level and type of operations for the most demanding aircraft, l~rom thi~ analysis design akerai will be identified for use in determl,lng short term and long term runway Iength requirem~ts, the approach category, and design group for use in airfield layout plsnnlng. The design or critical aircraft(s) may consist cfa single airera~ type or may need to be identified by approach category, wingspan and/or by weight for rli~erent airport components. The design airera~(s) mu~t conduct a m!nlm,,m of S00 itinerant operations annually, Mast=r Plan Updat~ · Analysis o£runway length requirements at Sebastian Municipal Airport will primarily utilize the FAA's Airport Design software. However, where awailable, runway length requirements will also be determined through the use of any akcratt characteristics manuals for airport pl,~ng, as provided for individual akcraft bythe aircrat manufacturers. Required weather data that is necessary for nmway lengths will be obtained 'either for Sebastian Municipal Airport or the nearest available reporting station which most. likely is Vero Beach M-nicip~ W'md rose i~%rm~tion requ~.', ed for the ~ ~llbe generated fi'om wiad and weather observations for the past ten years.~ ' Task 4.3 - Determine Airfield Facility Requirements Using the results of the demand/oapacity analysis (Task 4.1), as well as other relevant i~ormation fi'om other tasks and air, eld ~S =iteria, a pr~.-~..,-y listing o~ air/ield'faeility reguirement~ ~ecessary ~o meet Projected levels of demand for the five, tea~ and twenty year time frames will be prepared., these faeiity requirements will be based upon both accepted airport Iplanning criteria, lmowledge and expertise of the Tech~ Review Commi~ee members, the Consultant, land.the forecast, of aviation activity for Sebastian. Municipal Air~.ort. Aidield fatty needs to be assessed ~elude: Runways, and t .axiways (length, width, size and/or strength). Lij~hting alld mark-ins. · Aircra~ parking aprons (size and.strength) and facilities (hangars). Aircraft support facilities (fueling). Navigational aids. Airfield fae~ty.needs will be identified in terms of linear feet, strengfla, etc., and will be comp.areal to existing facilities to identify excess or deficient facility capacity or ~apability. Airport fa~ needs, such as apro.n or hangar space, w~l be quantified either by area or totalnumber required. As for any ~peeifie reeommendst~ons regarding potential instalment approach procedures, the Consultant will coordinate with the FAA Orlando Airport District Office (ADO) and the FAA Orlando Flight ProcedureB Office. It should be noted that the extent of analysis reiafive m proposed instnun~ approach procedures will be llmked and will not be ofalevel to dea%itively determi-e exact criteria, but rather may identify desired approach eahancements and discuss issues of feasibilit7 in a general nature. Task.4.4 - Determine'General Aviation Facility Requirements Using the results of previous tasks and accepted planning Criteria, the general aviation facilities necessary to meet both current and projected levels of demsnd for the five, tea and twenty year plsnnln$ horizon will be determined. General aviation facility requiremea~s to be ~sessed inetude: ,..)- + Airc, ra~t ramp and parldng areas (ineludiag ~mmber and configuration offiedowns). Aircraft storage lmngar positions by hangar type (t-hangar, elearspaa, etc.).' 1~O fa~ifies. Access and vehicle pzr~ng areas. Pag~ 8 of 18 I I I I I I I I I I I I I I I I I I I I I I i I I I i I I I I I I I This .assessment will qt~antify future development items needed to maintain an .adequate level of service, function, and operation at the Airport. Task 4.5 - Determine Airport Support FacilitY Requirements Using information provided by existing studies and aviation pln..ing crkeda established under preceding tasks, a set offadlity requirements addressing the Airport facih'tiesnecessary to support the airfield, general avhtion areas, and their related activity will be provided. Requirements for facilities, such as aircraft fuelin& Aircraft Rescue and Fire Figt~i,~ (AKa, airport maihtenance and equipment, will be developed under this task. Task 4.6 - Quantify Land Area Requirements Sebastian Municipal Airport has committed m~h ofits available land area for development for either airfield' facilities or general aviation facilities. Remaining areas of land not presently committed to development inmost instances are situated in areas difficult to develop such as off the .ends of nmways or in the midfieid area surrounded by active air, eld pavements. While some undeveloped areas still remain around the Airport, this has beim developed steadily. As a result, it is necessary to identify and quantify potential, additional land area necessary to satisfy the airfield needs, as well as providing space to ensure the safety and compatibly of the areas surrounding the Airport. Task 4,7 - Determine Utility Requirements for Facility Development Any future facility requirements at the Airport will require a determination of'the utilities needed for such development. This element will identify the extent to which any water, sewer, or electrical utilities are necessary in order to make the development of amy ~urc facffities f~a.~t'ble. Task 4,8 - Prepare WO~king Paper 2 ' The second draft working paper will doc,~ _ment the information and eval-,~°ns of the dem,-a/capacky process and the facility requirements. This working paper will present chapters with information regarding e. xisfin~ airport capacity, runway length needs, and required facilities ne.cessary to meet future levels of activity. Twenty-five (25) copies of the drt demand/capacity and facility requirements chapters (Working Paper 2) ~ be prepared for distribution to the representatives of the Technical l~.eview Committee for the. Jr review. Working Paper 2 will be prepared in black and white at the draft stage of the process. The chapters of Working Paper 2 will be produced in color when the repor~ is finalized. Task 4.8 - Technical Review Committee Meeting 2 .. Wor~ng papers/draf~ reports will be distributed at least one week prior to the Technical Review Committee meeting for this element. This will allow the FAA, FDOT, and the Technical Review Committee time for review. ELEMENT, 5 - AIRPORT ALTERNATIVES Task 5.1 - Identify Potential Airfield Alternatives ' On the bas~s of the ah-port fac~ty req, uirements esta~l~shed in preceding elements, aL~ield development alternatives ~ be formulated. These aLrfield altemath~es may ~nclude such items as runway ~ension~, and runway re-~gnments, as well .as actions m-addr6ss' ~g deign related d~ciencies on the .~-porL Included ~n the assessment of ah-field alternatives w~l be aual~ yses that will take into cons~d~on the conc~on o£nmway and tam'way pavements-to determine'the best 91~don for meeting both the shot: term and long term needs of these ~ties. Instrument proCedures and mini~rn~ at the akpor~, and the requirements that would need to be met associated w~th these improveme~ts, wi1_ be idenliSed. ~eld alter~fives w~l! be based on schemes for development with~ e:~sfing ah-po~ boUndaries:, Or v~ti~i, expanded aL~port boundaries, and ~ show necessar~ major runway and ~xiway development, during the twenty-year J,,~i~ pe~od~ as well : p g. ., as required changes to i~rast~cture to accommodate ea~.aLrfield option. ~atuated' '.. . r~s ~. ~u be con&cted ~t~o~ with ~on~ task, and ~: ~e~t in ~ se~es o~ o~U development options for the current airport sit· and adjaCent properties; .~eld alten~. ,ttve.$ will be analFzed based on theLr ability to sstisfy the idc, ntL6ed facility requirements, env/ro~n~ Coz~der~aons, ~e~ug factors, cost, ph~,ing, political v/ability, and ease °fhnptement~tion. ' ' "' : . .'. '~ Task 5.2 - Identify FBO Area Altematives Based on the £oreoa~ of demand and FBO faotlity reqffu~ments d~el.o.p, ed in p.r~ions ~ for Sebastian Mun~dpal Ah'port, two or three alternatives for future 1780 terminal fi~ilifies will be.devdoped and grap~y depicted. This task v~ be conducted sLmultaneousiy wi~h oth~ tasks in th~s elem~t and_.result in a series of over~ d~velopm~t options, l~actors .gu.ch as short and !ong te~n a%ess to the sit~, avaihbflity and co~t of prov/d~ supporting'~rastmcture, emsfing and future airfield operational facies, pOt~lfia] environmental hnpaets and overall development costs, ~ influence the salection, ofaltemafive locafions and con~gurafions of the proposed fac~ties. 'i T ermi,l,l alternatives ~ be evaluates on the basis Of thear 'ability t° satisi'y the idled facil/ty requiremem, accessibility f~om both landside and airside aress, ease ofimplementation~ en~.ronmental considerations and cost, .leading to the selection and discussion of the best option for meetin' g idmttfied needs for the current airport site Task $.3 - Navald Alternatives A cursory review of the status of the e~isting vimal and the potential for future instrument approaches at the Airport will be conducted with attention being place on'the increased use of'Global ?ositio-i~g Satenite technologies. Therefore, this task will provide a cursors analysis of the viability.of developing GPS non- precision approaches to the AL'port. The I~AA Southem l~egion will be cont~,cted and the viability of these potential improvements or recommendations on potential insmm~ent approach proCedures will be coordinated with the 1~ AA Orlando ADO representatives and representatives of the 1~ AA Orlando Eight Procedures Or, ce. The potential controtling obstruu-tions and possible approach min~rn~m, will be identified in this task either using existing I~AA analyses, or based on a cursory revie~ of criteria and USGS topographical m,pping. P~ 10 of 18 I I I I I I I I I I I I I I I I I I Task 5,4 - Determine Economic Development Alternatives This element of the study will identify and evaluate the economic development opportunities that are possible for each alternative. The development of realistic economic oppommities will require ·close coordin~t~ the sta~from the City.of Sebastian. Primarily, this will need to ensue that all of the .efforts by the City and those suggested in this study are coordinated. Task S.~ - Determine Preliminary.Development Costs ,, · Using labor'and materials price data from recent construction projects in the airport vicinity, and cost schedules provided by the I~AA Orlando ADO and FDOT, prellm~ary cost estimates for each airport devel6pment option in the various alternatives considered, during the planning process will.be prepared... Task S.6 - Selection of Recommended Airport Development Alternatives The consultant will confer with the City of Sebastian and the TechnicalKeview Comm~ee to select a series of recommended development concepts for the airport which best me~t the anticipated, demand, and ~ do soin the most viable m,~er from a cost, pkssing,.~e~ and environmental p~specti~e~ This set of development options for the current airport will comprise the ~slytlcal basis for dev~opment at the current airport site. The recommendations fi.om this' alternatives analysis will be closely coordinated with the City, as well as representatives or,DoT and the to ascer funding, vi lity, and ove viability of'the development needs. A definitive response from the FAA. regarding the viability.of on-airport development recommendations will be required at this staSe of'the master plan. . TaskS.?-Prepare Working Paper 3 :' . ~rhe third drai~ working paper will document the analyses and findings o£the alternativ~ analysis. As such, this working paper will present the chapter comparing the various developmer~ alternatives explored for the Twenty-five (25) copies o£the dr~ demand/capacity and £ac'~[ity requirements chspt~ (Working Paper "be prepared' for distribution to the' representatives of the Technical Review Committee for their review. Working Paper 3 will be prepared in black and white at the draf~ stage of the process.. The alternative m~lysis chapter in Wor~n~ Paper 3 will be produced in color when the rePor~ is finalized. Task $.8 - Technical Review Committee Meeting 3 Working papers/draf~ reports ~ be distributed at least one week Prior to the Technical Keview Committee meeting for this element. This will allow .the FAA, 17DOT~ and the Technical Keview Committee time for review. Task 5.9 -Public Meeting 2 " " Plan Update Scop~ Pal~ 11 ~fl~. ,..., A publio meeting will be held after the Technical Review Committee meeting for.this el~nent. This meeting will serve to present the fac~'ty requirements and alternatives be2ng considered for the future develo ~ment of th¢ .*Jrport. ! .. I ' ELEMENT 6- REFINED ALTERNATIVES. Task 6.1 - Develop Refined Alternatives Analysis Based ,on input bom the City of Sebastiarg FI)Or, FA~'and tho Comments from tho Technical Review Committee a~d .the getleral public, re. finem~nts to the selected'alteraafives will be made as determined necessary. This task may result in the revision of options or the combination! of individual alternatives into a single alternative for imp!..ememagon. This ta~ Will identify the rationale for the .ra6nem.~,t, and each retnoment will be disCUssed using the same criteria utiliked to evaluate tho ~ set of'alternatives. Task 6.2 - Prepare Working Paper 4 Twenty;five (2,5) copies of the draft re. fined alterrmtives (Working Paper 4) will be prepared for distribution to' the representatives of.the Techuical P,~-view Committee for their review. Working Paper 4 will be prep~ed in black and white at the drait stage of the process. The refined alternatives chapter in Working Paper 4 will be produced in color when the report is Task 6.3 - Noise Impacts & Compatible Land Use Noise impacts will be determined using the latest version 9fthe FAA Integrated Noise Model (INM) separate and will be based on actiw'ty levels, akcraft type, and/of previous analysis.: 'The noise exposure con. tours depicting the 65, 70, and 75 DNL levels will be overlaid on an appropriate base map. Noise exposure contours will be prepared for the current year and for the activity :'orecast at the ten year period. A description of land. use'impacts comparing existing and planned land uses to the development recommendations of the airport master plan will also be developed. This will include consideration of existing zoning and building restrictions or permits that would be ~equired. This land use element is not limited to the Airport property boundary. Off airpon land uses ,~4111belh identified to determine compatibility with the operations and development of the Airpozt. ,The. offatrpoR evaluations will primarily be limited to those areas immediately surrounding the _.'.Airport aud those areas offthe extended runwy centerlines (approach sur~es)~ ELEMENT 7 - AIRPORT LAYOUT PLAN DI Using the results of the altemirfiw lmalysis developed current .ah-port layout plan set for Sebastian Muaicipal development alteraatives. Development of ultimate airtel long-range requirements which incorporate both airside =,AWINGS part of this study and FAA AC 150/5300-13, the irpor~ will be updated to reflect the recommended d facilities will be based on short, intermediate, and nd landside requirements. To provide au accurate base for the development of the .AT,P, the new aerial photography will be used to create a base map for the drawings. This base map will be of a scale, accuracy, 'and. clarity to provide an accurate digital file for developing subsequent ALP set drawings. Guidelines for Updating the ALP as defined by the FAA and 17DOT Soop= ofS~vic~s ]?age 12 afl8 will be followed. The .ALP set will include the following sheets: Title Sheet Airport Layout Plan Termlnal Area Plau - ' Runway 04-22 Protection Zone Plans and Profiles Runway 13-31 Protection Zone Plans and Profiles FAR Par~ 77 Imaginary Surfaces Airport Land Use Plan " " Airport Property Map Task 7.1-.Title.Sheet A title she~ will provide information concema~ng the Airpo~ in~lUding the AIP project Number, ~li~t name, and location raps. . Task 7.2 - Airport Layout Plan The Ah'Port Layout Plan ~ be updated to reflec~ the recommended development offuture needs ssidem/~d in this study. Information on this portion'ofthe ALP set will. include, but not be l!mlted to, the physicallayout of the airport and of the physical facilities developed thereon. Also to be incorporated on ~ALP sheet ~lbe . the building and facilities data, runway protection zones, taxiway systems, NAVAID critical areas~ bnilding elevations, topography, roads and parifing areas, wind rOse/wind coverage, and the airport boundsXy. Ail existing and proposed modifications to i~AA standards will be identified and delineated in a table, along with either the wavier allowi~, the modification, or the proposed method of addreSsing the mo.dification... A table listing all of the modi~eafions (exist~ and 'propOsed) along with their PropOsed disposition will be incorporated onto the ALP and into the corresponding master plan ekaPter. Additionally, justification for requested modifications to. standard will be provided in the airport plans chapter, which will be prepared in conjunction with the ALP drawing set. Task 7.3 - Terminal Area Plan A Terrn~.~,l Area Plan for Sebastian Municipal Airport will be updated to reflect e~bting'and recomrr'ended development of future general aviation needs as idemJfied in tiffs study. The terms,,! Concept will foCUs on. flexibility for furore e~pausion. The plan will include recommendations for access and parking, baildings, hangars, YBOs, and entrance roads, as well as necessary security access to the airfield. The Terrni~al AreaPlan will depict staged development, and will also present graphically any recommendations relating to the development of a local affport terminal structure and its associated ramp and support'facilities. . Task 7'.4 - Runway Protection Zone Plans and Profiles Runway Protection Zone (RPZ) Plans and Profiles will be prepared for each runway end depicting the existing and any future changes to the RPZs associated with the nmway system. The drawing will depict the location of roadways, structures, natural ground elevations, and other man-made or natural features with the limits of s~b~i~ Mmli~ip~i Airport Sempe of S~vk~. ~ Pa~ 13 of the RPZ. Th~ drawing ~ also d~tall objects that pm~t~ approach st, r~aces or violate FAA Object Fre~ Area criteria Obstructions will be listed numerically in an obstruction table for each .approach, with data describing the obstm~ion type, top elevation, allowable elevation, amount of penetration, and proposed dispositions. Additionally, the drawing will depict the configuration ofreq .uired sdety areas off each runway end. Plan views will be superimposed on aerial photos ar on a detailed line drawing. Task 7.5 - FAR Part 77 Surfaces The FAKPart 77 surfaces associated with the ultimate firport configuration and approaches will be generated and superimposed on USGS quadrangle maps. Fiib/(50) foot conto~ intervals will be shown for alIFARPart 77 s. loping im,~nary surfaces. This sheet will depict objects violating FAR Part 77 surfaces that have not been identified on the AI.P orRPZ plans and profiles. Thetop elevation of each obstruction will be identified onthe sheet, as will the disposition of the obstruction. The dimensions, of. the approach surfaces and tnmsifional surfaces will be charted. Tiffs airspace plan (FAK l~art 77 Surfaces) will depict the full length of all approach surfaces without the use of match lines or truncated depictions. Task 7~6 - Airport I_and Use Plan A Land Use Plan for the area ~ithin the boundaries of the Airpott will be updated, based,on the identified overall development concepts. Inciuded in the drawing will be aeronautical uses, agricultural .uses, and industrial/commercial development, area A depiction of ca, trent land uses in the immediate Airport environs will also be included. Standard classifications of land use (~e., residential, commercial, industrial), in addition to the identification of major nois. e sensitive fi~utional land uses, will be unflemken. The land use information will be depicted graphically.over a street layout of the Airport environs showing the Airport and major geographical features such as rivers, lakes, and.rail lipes. Based on information eontsined in the City and County comprehensive plans, a depiction of the future land use Pattern in the immediate AL'pon environs will be generated. Task 7,7 - Airport Property Map An Ai_rport Property l~p will be updated to reflect pamels acquired either through fee simple purchase or easements purchased by thc airport, with both federal flinds and local sources of funding. In addition, the property rasp will also ident~y addifio-.l property required to meet the demands identified in this master pla~ Task 7;8 - Prepare Draft Airport Layout Plan Set A total often (10) full size draft.ALP.sets will also be prepared under this task. Five (5) sets will.go to the F~ two (2) sets to I~DOT, and'three (3) sets to the City fOr review. The full size dra~ ALP sets transmitted to the FAA and FDOT will include a transmittal letter addressing any significant changes to current ALP, proposed ALP, modifications to standards and rationale far same, and design group for each nmway Twenty-five (25) copies of the afl-port plans chapter and reduced ALP set will also be prepared for dism'bufion to the representatives of the Teehnleal Review Committee; The reduced ALP set will be printed on 1 lx17 sheets. ~ S~,pe ~f S~ ELEMENT 8 - FINANCIAL pLAN Task 8.1 - Refine Airport Development Phasing Schedule Based upon the previous evaluations and tech,lcal meetings, the airport development. schedule reflecting economic feasibility and operational requirements of the recommended airport plan will be refined. The development schedule will be prepared for the long-term based on facilities needed at each planning activity level, and for the short-term based on the .City's input relative to project need and priority. The revised phasing will be closely coordinated with the City. The development schedules will include development of new faclh'ties, land acquisition, pavement evaluations and rehabilitation, utility system evaluation andhnprovment, ~el farm.% and major equipment replac~nent. Task 8.2 - Refine Airport Development Cost Estimates Bs~ed upon the previous evaluations and technical meetings, the ali-port development cost esthnates to r~ect the revised requirements and schedule of development associated with the recommended airport concepts will be re/med. Task 8.3 - Prepare Financial Plan -~ recommended airport financial plan, which iucludes estimates o£the amount of funds arable from federal .and state 8rant-in-aid pro~mms, will be prepared to determine the ne~ amount of capit~l funds required by the City to accomplish each proposed sta~e o£improvement for the Airport. . Alternative ~mcin~ stratesies that my be available for knplementln~ the proposed development pro~tn will be e~plored. Sources o£ airport funds, including any through-the-fence a~re~znent, will be ~Aiyzed as to their finan~ implicatiom, thelrnse to finance proposed airport developmem projects, and airport operations and maimeaancenee&. ~ of the masnitude and ~ming of any bond issues that may be required to cover the cost of airport improvements will be made.. The financial plau will be brokeninto a five-year im'tial phase, an intermediate ph~e, and alon8- term phase. Task 8.4 - Prepare Working Paper The ~ ~ working paper will present the results of the preceding analyses, oufl{ni~g the overall airp'ort capital improvement program, and ordering projeet, s numerically based on the City's order o£priority for the first five years. Projects for the five to ten year period, and the ten to twenty year horizon, will be consolidated and, where possible, listed by the City's order of priOri[y. These projects wln' be Prioritized by their imp.o, rtance, as identified in_tl~.e master p.12m and through the refinement pro.ces, s, and the anticipated sources of funding for the elements of the selected ah-pon master plan concept will be identfl]ed. This will include the identification of local, state, and federal funds, ss welt ss potential sources of private investment for airport improvements. General est/mates of equipment costs and operation,'and maintenance costs associated with the Ah'por~ wi[l be factored into the fn~ucial pm~ram. ' Seba~m M~m~c~pal Airp~t Plan Up a.m s~pe%s P~ 15 ~f 1~ Twenty-five (25) copies of the draft l~uancial plan (Working Paper 5) will be prepared for distribution to the representatives of the Technical l~viow Committee for their review. Working l~aper 5 will be prepared in black and White. ELEMENT 9 - FINAL DOCUMENTATION/COORDINATION MEETINGS Task 9.1 - Prepare Final Master 'Plan Update Report .Keview comments received during the study process will be incorporated as appropriat.e into the draft w0rking papers, which then will be combined to create the Sebastian Municipal Airport'Mastar Plan Update Report. This report will highlight the correofiom and improvem~ts msde to;the drat working papers. · Five (5) color copies of the ~omplete ma~tar plan update ~ be prepare~L One (1) 5ml draft ~ be delivared to the FAA, two (2).to FDOT, and two (2) to..the City for. a final review. ' The fiual airport master plan update will be prepared alter the F.AA, FDOT, and City have all approved the 6ns! draft. Twenty-ire (25) OBC bound final reports of the Seb .a~tian Munidpal ,,Airport Master PI~ Up,ate will be prepared for distribution. Of the these copies, one (!).dill be seat directly to FDOT and two (2) will be forwarded directly to the FA~ Orlando ADO. The rem~iln,ng twenty-throe (23) will be seat to ~e City of Sebastia~ A total of five (5) final full size _ALP sets will also be pr~pated.undar. One (1) set will go to the FAA,-two (2) sets to mOT, and two'(2) s~ts to the City of 8ebastiax~ i Disital copies of both the ma.ter plan repor~ and ALP set[dill also be delivered to FAA,'FDOT, and City of Sebastian.. The report tex~ and tables will be provided using Microsoft Word and Excel. The ALP Package dill be created using AutoCAD 2000 sofavare, however, de_pending on the AutoCAD version used by the.City of s eb,sU~ at the time,or d~ivev, the di~i~l.* ~-P.ies c.~ be provided in ~er, 2000 or Xe~e,s. ~ 4 ~o~' Task 9,2 - Technical Review Committee Meeting~ Color graphic displays and pertinent handout material neoessary to desoribe the eValuations and findings of interim submittals of the master plan study will be prepared[for each of the Technical l~vi~ Board m~tings. Eaea member of the Teotmioal Review Committee dill be p~ovided with a three-ring notebook to use ~r 611,g Scope Pa~e 16 af 18 I I I I I I I I I I I I I I i' I I dr~ working papers. Up to f~een (15) ~inders will be provided by the Consultant. Meetings with the Techuical Review Comm~ee will be primarily to review the materials prepared in the workq-g papers, as well as to establish revisions, comments received durin.' g these meetings will be considered in preparing the final report documents. Three (3) such meetings, plus one meeting to be conducted in conjunction with the inventory process· have been budgeted over the course of the study. The first meeting will be held at, er Working Paper 1 Cmventory and forecasts) is distributed, the second after Working Paper 2 (demand/capacity and facility requireme~s), and the third.after Working Paper 3 (alternatives. analysis).. . .... . Task 9.3 - Public Meetings The interim submittals trader the master plan study will be 16resented to the general public, during three (3) public meetings over the course of the planning period. The first meeting will be held following the Teehnlcal 'Review Committee meeting (either the same day, or following day) for Worlfin~ Paper i:(inventory and forecasts). The second public meeting will be held after the TeeimicalReview C~meetingforWorking . Paper 3 (ah-pon .alternatives).. Advertising for thes~ meetings, .Will be done. by .the City md may be accomplished using press releases and direct ms.i~gs to interested public groups in the Sebastian M-njcipal Task 9.4 - Coordination Meetings To respond 'to i~sues that ~ arise over the course oe the'pi~,,,~ng Period, as wa as to brief Cb representatives and representatives of the FDOT anti/or the FAA, five (5) project eoordination meethgs (outside of the Technical Review Committee and Public Meetings) have been budgeted, The coordination meetings are seen as key oppo .nunities to allow for the discussion between the City and the Consultant at key mnestones in the project -.. Typically, these meetings are during mob m~lestones as the preparation of the aviation activity forecasts, the alternatives analysis/refined alternatives process, and during the preparation of the capital improvement program and financial plan. However, the five (5) coordination meetings can be changed at any time or during any portion o£the project. It is important that at least one (1) of these meetings.be reserved to coordinate the elements ora finanfial plan as this element is essential to address the viability ofproject'funding with FDOT and the City. I ELEMENT t0 - STORMWATER MASTER PLAN As a part of the overall Airport Master Plan Update. the City of Sebastian intends to study the stonnwater runoff conditions at the City' s Municipal Airport. The study will inetude a stormwater ~iysis of the property owned by the Airport and the adjacent properties impacting or being impacted by the alrpor~ property. The' study will address existing conditions as well as future developments identified in the Airport Master Plan. To perform this study, the Consultant will review the existing consiruction plans, aerial photos/mapping ('ff available)~ field surveys and soil.data, in addition to intendewing the airport personnel and users. T~ Scope of Servi~'s ' infommfion, the aaaly~ md computer modds, mxl the ~4!ngs will be compiled in a Stormwater MasterPlan Repon for review by the City, St,. ~ohn~ Water Management Distriot,. ?'DOT, and FAA. The basio tasks of tliis work will include:. . '~ . ' . Taskl0.'l MethOdology. ' ' .i. ~ : '.. ' ' Other jurisdictional anthofifies with potential significance include the 1florida Depm-tment of State, Dmsion of I-~tofical Resources, =xl the County. · ' i Task 10,2-.Inventory 'i:i.'..' "' '. ": '.i"I ~...."' '.'" .'. ". .... '""" ' "' Study ofth~ Cl;m~te,.ground wmer, soil.ci=~ificafio=, ~b.e..flands, flood pl&ins, topography, and endangered and threatened 'speCies. 'This vlmse ~lso m. clu.des the .condition evaluation of the existing pipes and drainage stmetur, es (may include th= use of closed caraatt televiston): identifie, afion of the drainage b~6n% ~;n~tion of the size and lengths of all pipe structures; c, lmunds, and other mflverts. ' · . ' .. Task 10.3 - Existing Drainage System . . , . ,. . , . ]Evaluation of the, earl,sting drainage system using =omputet modeling to der .et!n.. !.ne its'functional oOndition and any systemdefi~enaes. ' .. i .... · ' ' · ' . ' . . ' Task~O~4- Futura Expansion ' ' . ':"'". ,.. ." . . i.". ""' , . :'...~ Evaluation o£th~ proposed d~velopmeats at the airport and thor impaot on th~ ~dstiag drainage system- phase iadudes the ¢one.~ design oft. he proposed drainage.fa~'flifies and acquiring a eoaaepmal pea'mit for these improvements, Also included inthis phase is the preparation.of the probable.constnt~on cost for futnre "'.. ', ,"- ".'..",' .' s~baat~ Mnnicipal Airport S~p= or s~i~s City of Sebastian~ Florida Subject: Lease Agreement Between B & S Investments d/b/a Sebastian Aero Services and the City of Sebastian Department Origin: City Manager Date Submitted: 4'18-00 For Agenda of: 4-26-00 . · Exhibits: Proposed Airport Lease Agreement between 'B & S Investments dfoa/ Sebastian Aero Services and the City of Sebastian EXPENDrlXmF,~''' [ AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A [ N/A REQUItlED: SUMMARY The proposed Lease Agreement between B & S Investments d/b/a Sebastian Aero Services and the City of Sebastian, outlining cemin terms and conditions consistent with orin support of curreut aviation use of airport property, is being 'forwarded ~o you for your review and consideration. RECOMMENDED ACTION Move to authorize the City Manager to execute the Lease Agreement between B & S Investments d/b/a Sebastian Aero Services and the City of Sebastian. THIS LEASE, made and entered into this day of~ 2000, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinai%r referred to as the "Landlord")~ and B & S Investments d/b/a Sebastian Aero Services (hereinafter referred to a~ the "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties". WITNESSETH: WHEP~AS, the Landlord is the owner of ~m'tain property located of Indian River County, Florida; and WHEREAS, the certain property is being tis,od for the operation of the Sebastian Municipal Airpofl: Oaereinm%r referred to as the "Airport"); and · WHEREAS, the certain prope ~,r~y, is also available for Use for those activities consistent with or.in support of aviation a~ivity; and .. · · WHEREAS, the Landlord has agreed to lease such property to the Tenant SUbject to certain terms and ~onditions consistent.. . ... with. or.i~, support... ·. of the., .. current aviation use of such property; and e s~id prop~ from the'Landlordl md to that end ~md in consideration of the premises, mid the covommts, termsand conditions to be performed as set forth hereina.qer', and NOW, TI-IERF_2ORE, in comidemion oflhe mutual covenants provided, the receipt and sufficiency of'which are hereby acknowledged, the parties have agreed as follows: 1. RECITALS. The above stated redt~ls are hereby incorporated by referen,e in this Lease Agt~eement. 2. LEASED PREMISES. Subject to the :erms and conditions set forth hereinatter, the Landlord leases hereby to the Tens nt and the Tenant rents hereby from the Landlord that portion of the real property of the L~ mdlord which is described more partioulafly on Schedule "A". annexed hereto and ·made a part hereof'by reference. (hereafter referred to as the "leased prem. ises"), along with improvements thereupon I I I I I I I I I I i I I including, a fuel farm. In the e.v~nt that any portion of the Leased ]Premises is needed for actual improvements to the Airport,. any portion there,of rendered unusable to Tenant shall be released from this lease and the rental payments adjusted accordingly. ' .... '.. 3. TERM OF LEASE. The term of this Lease shalI be for a period of thirty (30) years, commencing June 17, 2000, and will end on the thirtieth (30th) anniversary of. such date. ' ' . ' - ~ ' ' '. .... "'" 4. RENT. The parties agree that the rent, payable by the 'Tenant, during the term of this Lease shall be as followsI ' ' (a) For'the leased prenuses the yearly rent shall be four thousand two hundred twenty.one dollTs ($4221). ' .'" . '.' . The parties recognize that the purchasing poWer of the United State~ follar is evidenced by the United States Department of Labor, Bureau of Labor Statmt~cs, index, of Consumer Prices. In November of 2001, the Landlord will compare the most recent pnce index with the base price index for November 1999, and the Yearly rent 'amount shall be increased based UpOn changes in the price index, if appropriate, on December 17, .2001. Another such adjustment shall be .undertaken for DeCember 17, 2006, and every year thereaiter until the twentienth anmversary' date of' the lease.. No later than January 15, ~Landlord shall commission a Certified ~:eal estate appraiser to place a valuation on the Leased Premi~es, including all improvements thereupon except those constructed by'Tenant dunng the term of this lease, and establish a rental value for the same. Within sixty days after deli!ery t° Tenant of the appraisal, Tenant may either accept the rent therein or give'notice of its intent to terminate the lease. Either the rent adjustment or the termination 'Shall ~ake efferct on June 17, ~ If the rent is adjusted accordingly, on' June' 17th of e.ach remaining year under the Lease there shall'be annual adjustments to reflect changes in the consumer price index in the manner set forth above. ' ' In no event, however, shall the rent decrease below the sum of $4221. . Co) Time of the essence. The Tenant agrees promptly to perform, comply with ~.nd abid~ by this Lease, and. agrees that timely payment is of the very nam. re and essence hereof. In the event that any renta! payment due hereunder shall not be paid within five days ofw. hen due, Tenant shall'pay Landlord a late payment fee orS% of'the mount of such late Rental Payment. This charge shall be considered additional rent and not interest. (c) Default in rent.. If'any of'said sums of money herein required to be paid by the' Tenant to the Landlord shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration. To accelerate the maturi.ty of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all ' unmatured rent installments presenty due and payable. (2) Partial acceleration. In lieu of the o'~tion in Sub-paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the u~paid rent installments for such a period of years as may be fixed in the' Landlord's said notice to the Tenant~ The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffb~ed by said notice. (3) Other remedies. In addition to the option herein granted above, the · Other options available to it hereunder or Landlord may exerci.~e any and all under law, which options may be e~ercised concurrently or separately with the exercise of the above options. (d) Default in provisions. If the Tenant shall default in the performance of any other term of this Lease (except the payment of rent), the Landlord, or its agent or employee, shall send to the Tenant a written noticv of default, specifying the nature of the default, and the Tenant shaH, within thirty (30) days after the date of said notice, cure and remedy said default, whereupon this Lease shall cohtinue as before. If the Tenant shall fail to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the L~ase is in default, and to use all remedies available'to the Landlord hereunder or urldei' law, includi.ng, but not limited to, I I I I I (.~) In addition to the ~ental amount, the Tenant shall pay Florida sales tax, if applicable. (f) The above rental for the leased premises shall be payable in advance, ~n quarterly installments, commencing from the date of commencement of this Lease, as described in Section 3 (above) and on a like day 0revery quartertheroatter during the term of this Lease. .~. . 5. DISPENSING FUE.. L. As additional rent, Tenant shall pay to the Landlord. two cents (2~) for every gallon, of aviation fuel sold by Tenant. Said. payments shall be made 'at the time °fpaying rent, shall be itemized and shall be accompanied by a copy the fuel consumption reports, or such other relevant documents requested by Landlord, for the subject time period. Landlord shall have a right to audit Tenant's financial records relating to fuel sales upon seventy-two hours written notice. .6. IMPROVEMENTS TO TIlE PP,.I~.M1SES. The Landlord aclmowledges that the Tenant is leasing'the premises for the primary purposes of aircraR sales, repair and maintenano.e, flight training and sale of fuel, and that in order to utilize the leased premism for this purpose, it will be necessary to use improvements previously constructed upon the leased premises. Tenant acknowledges that these improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 7 hereof, and shall have the right to c, onstmct upon the leased premises 'any additional buildings or other structures, provided any such bulldinl~s or structures do not in any way curtail the.use of the airport facilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to .commencement of any construction, The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration ("FAA"). (b) The Tenant shall indemni~, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such buildings or structures. (.c) All buildings, strucfures and fixtures of'every kind now or hereat~er erected or placed 9n the leased premises shall, at tho end of the term or earlier termination of this Lease, for any reason, be' and become 'the property of'tho Landlord and shall 'be Ib.,ff in good condition and repair, ordinary wear and damage by the elements excepted. In order to ¢ontirm sole ownership in the Landlord, the'Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect tire to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free 'and clear of all encumbrances, liens, and title defects any kind. A tixture shall be de~ned as an article Whi0h was a chattel, but which, by being phyaioally annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, be~'omes a part and parcel of'it. Non-fixture personalty owned by the Tenant at th, expiration of the term or earlier · termination of'this Lease, for any reason, shall continue to be owned by Tenant and, at its optiOn, may remove all such personalty, provided the Tenant is not then in defi~ult of'any covenant or condition of'this Lease, otherwise all such property shall remain on the leased premises until the damages suffered bythe Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at its expense. 7. USE'OF LEASED PKElVlISES. The Tenant ag.rees that no use of the leaned premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leaned'premises, the Tenant will observe and comply with ali applicable laws, ordin~.nces, orders and regulations prescribed by lawful authorities having jurisdiction over the leaned l~rer~ises. The Tenant agrees that the leaned premises shall be used by the Tenant primarily for the purposes of aircraft sales, repair and maintenance, flight training and sale of fuel, but Lessee shall also have the nonexclusive right to provide charter and rental flights o~'aircraft, and the leaning of'hangar and/or tie down service. Any use of the leased premises other than those specifically stated ~bove are expressly prohibited. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such c~ asent may be withheld by the Landlord [ I i I I I I I I I I I I i I I I I i I I i I i for any reason. Ail aeronauticai businesses and activities must be certified and licensed by the FAA in the appropriate categories of their specific operation. 8, REPAIRS AND ALTERATIONS. The Landlord shall not be obligati~d to maintain or repair the leased premises or any improv0ments located thereon or any part thereof during the lease term or any renewal thereofi The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parking, and service areas located on the leased premises, in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land · Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises be kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be. withheld for any reason, the Tenant, at its sole cost and expense, may erect such additional improveme.nts on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify,' d~fend and hold the Landlord harmless from any claims, losses, damages or liens arising out of' or in any way connected with such additions or renovations. 9. UTILITtI~S. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 10. SIGNS. The Tenant shall have the fight to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord' must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restriciions as, in the sole' discretion of the Landlord, are deemed necessary. 11. TAXES. The Tenant shall pay during the Lease term all ad valorem'taxes, assessments or any other governmental charge leVied or assessed against the leased premises (including the Tenant's leasehold by therppropriate governmental authorities), together with all ad valorem taxes assessment or~0ther governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis'and receipts therefor shall be provided to the Landlord upon request. 12. LIABiLITY iNSURANCE. The Tenant shall provide and keep i.n force, at its own expense, during the term of this Lease, comprehensive public liability insurance coverage with respect to the leased premises, including those portions of the said premises used for driveways, walkways, and parking areas. The insurance coverage to be maintained by the Tenant shall contain limits ofn0t less than $500,000.00for injury or death of any one person and $1,000,000.00'for injury or death for any one accidemt, together With $500,000,00 for damage to property. Tenant agrees that, should there be an expansion of the use or occupan0y beyond the primary use s~ forth herein, Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Council of the City of Sebastian. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease 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 Peers. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph 12 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies Of' said policies to the Landlord. I I I I I I I I I i I I I I i i 1.3. PROPERTY, ~ AND EXTENDED COVE.RAGE.INSUKANCE. The. Tenant shall, at its sole cost and expense, procure and keep m effect such standard policies of property casualty, fire and extended coverage insurance as the Landlord deen~ .' necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the.premium therefor. The Landlord shall have no obligation to keep'the buildings and improvem~ts on the leased insured shall the Landlord have obligation to insure personal premises Bet any any property used in connection with the leased premises. Any policy, or policies of insurance required pursuant to this Lease shall be issued by one or more i~urance companies authorized to engage in business.in the 'State of Florida and whi'oh have a rathig of at least A+ by A.M. Best and Company and at least anAA rating by both Moody's and Standard. and Peers. All policies described in this Paragraph 13 shall contain a clause'preventing .- . shall name the Landlord as an addmonal insured. Upon the request or,he L~ndlord, the Tenant shall provide copies of said policies to the Landlord. · In the event that the Tenant's use and occupancy o£the Premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord amount of saId increase within thirty days of notice of the same. . . _ 14: DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY lqRE OR OTHER CASUALTY. In the event .the building and/or other improvements erected on th, e premises are destroyed or damaged by fire Or other casualty, the Tenant, at its option, said . . . damage to be repmred as rapidly as practicable. The.Landlord may abate the Tenant's. rent for the period of time more than 80% of the principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the building and other improvements on the leased premises, the Landlord Shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have my responsibility or obligation to make any expenditures toward the repair and/or replacement'of the building and other improvements on the leased premises. Provided, however, that all repaired and/or repla'ced building and other improvements are' repaired/replaced in a manner equal to or better than the building/improvement being repaired or replaced. (a) If the Tenant, under its option, elects not to repair and/or replace the building and' improvements upon the leased premises, the Landlord shall have two options: (1) To continue to Lease; if the Landlord elects to continue the'Lease, the Landlord shall be entitled to any Of'the insurance prOceeds on account .of such 'damage' and/or destruction, such proceeds to be the sole property of the LandlOrd;"or , '(2) To cancel the LeaSe; if the Landlord elects to cancel the Lease, the LandlOrd shat] be entitled to {hat portion of the insurance proceeds paid as a result of Such damage and/or destmctlon to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurancelproceeds. (b)..In the event the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom. 15. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all ~fions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupan~ or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, i~oluding all attorney's fees incurred by the Landl~rd in defending any SuCh claims. This Paragraph 15 shall survive the termination or cancellation of the Lease. 16. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or in~lirectly from, out of or by reason of any Mzardous or toxic materials, substances, pollutat~ts, contaminants, petroleum products, hydrocarbons or wastes being located on, the property and being caused by the Tenant or I I I I I I I i I i I i I I I I I I its sub-Tenants. The presence' of'said substance or materials on the leased premises shall raise the presumption that Tenant is the cause of'such presenpe. This Paragraph 16 shall survive the termination or cancellation of the Lease. 17. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section Seven ofthis Lease, by reason of any zoning law, ordinance or re~iation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period h! excess, of ninety. (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this , Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 1S. LANDING FEES. Landing or anY other type of use of runway fees being charged by Tenant are specifically prohibited by this Agreement, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of the Airport is for the l~eneral public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 19. GOVERNMENT SEIZURE. In the.event the United States Government, or any agency or subdivision thereof, at any time during the term of'this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and th~ Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease, If'the duration of the seizure exceeds ninety (90) consecutive days, .the Landlord, at the Landlord's sole discretion, may terminate this Lease. · 20. EIvlINENT DOMAIn. If ail orany part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded' for the taking of the land, building and/or improvements on the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its b~siness on the leased premises, the'Lease, at the option of the Lan.diord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authorily by reason of the exercise of the power of eminent domain. '21. DEFAULT BY TENANT. shall moan any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant e Lease; . · · Co) The appointment of a reaeiver or the entry of an order dealarinl~ the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; ' ' (c) The Tenant's failure to pay any consideration,'to, the Landlord, required by this Lease; (d) .The taking of the leasehold interest execution on a judgment; (e) The Tenants abandonment of any subsi "Abandonment" shall be determined by the Landlo~ (f) The. Tenant or any guarantor of Tenant' As used in ~his Lease, the term,' "event of default", he Tenant hereunder pursuant to an Lntial portion of the leased premises. 'd; obligations hereunder, filing a petition for bankmpt~ or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The.Tenant or any guarantor of the Tenant's.obligations hereunder shall make a transfer in fraud of oreditors or shall make an aSlignment for the benefit of creditors; (1O The Tenant shall do or Permit to be d0ne any a~t which results in alien being filed against the leased premises or the property Which is not released of record within thirty (30) days of the date it is initially recorded in~ the Public R.e~ords of Indian River County. i I I I I I I I I I I I I I I I I I I Each party covenants a~d agrees that it has no power to incur any indebtedness giving a..right to a lien of any kind or.character upon the right, title and interest of the Other party in and to the proper~y covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indire~iy, derived through or under.the other party, or its agents or servants, or on account of any act of omission of said ·other party. All persons contracting with the Tenant.or fi~rnishlng materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall bebound by this.provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same.by payment or by filing a bond, or otherwise, as permitted by law. The Tenant.shall not be ' deemed to be the agent of the Landlord so as to ConferUpon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provis!ons of the Florida Statutes, or anY SubSequent revisions thereof~ (i) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; .~ (J). The Tenant fails fOr more than one hundred twenty (120). consecutive days to continuously conduct and carry on in good,faith the type of business for which the leased premises are leased; (k) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through I above. Upon the happening of any *'event o~ default",.'the Landlord may, at its opti°n, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however,, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days, from the date notice is sent by the Landlord, within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy such default by paying all rent due. 22. IDENTITY OF II~'TEREST. The execution of this Lease or the performance of any apt pursuant to the provisions her,eof shall not be deemed or construed to have the effect of.~reating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shah be and remain only that oflandlord and tenant. · ' 23. NOTICES AND KEPOKTS. Any n0ti~e, report, statement, approval, consent designation, demand or request.t° be given and any option or election to be exercised by a pa.rty under the provisions °fthis Lease 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: Landlord: City of SebaStian " Attn: City Manager 1225 Main Street Sebastian, FL 3295t~ Tenant: B & S Investments, 300 West Airport Drive Sebastian, FL 32958 Attn: K. A. Van Wyck provided, however, that either party may designate a different rel/)resentafive or address from time to tttne by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at .an address to be furnished to the Tenant. 24. RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premi~ses or any improvement to a property location .thereon; Co) To determine whether the Tenantis cgmplying with the applicable laws, orders or regulations of' any lawful authority having"jUriSdiction~ over the 'leased Premises Or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (50) days &the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right i'n the Landlord adverse to tile interest of the Tenant hereunder. I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I 30. BINDING EFFEC'~. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of' any Addendum attached hereto are incorporated' herein, 31. APPLICABLE LAW/VENUE. In the event of'litigation arising out oftl~is writh~g, venue shall be in Indian River County, Florida and the terms of'this Lease shall be · construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law, 32. ATTORNEYS FEES, In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees anc~ costs, both at trial and all appellate levels, based upon the prevailing rates of Prlvate . attorneys in Indian River County, Florida. 33. RECORDING. In no event shall the Lease.or a copy thereof'be recorded in the Public iRecords of'Indian River County, Florida. 34. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of'its rights hereunder, to pay any sum or perform any act requireit of'the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the' rate of 18% per year from date the payments are due to the date ofp~tyment. Said interest shall b~ calculated on a daily basis and shall be due and payable when billed. In the event of'the Tenant's breach 0fany of'the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of'all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to ihe rights of the Tenant and any of' its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of'the Tenant's rights under this Lease by reason o~'the Tenant's default, all such revenues, income, rents,, earnings and profits derived or accruing from the SEBASTIAN POLICE DEPARTMENT 1201 Main Street Sebastian, Florida 32958 Telephone 561/589-5233 FAX 561/589-2207 (24 hr) - FAX 561/388-1872 (Admin.) SUBJECT: Laptop Computers for Police Dept. Agenda No. Approved for Su bmlttel;,_,,,/~~fl" Department Origin : Date Submitted : For Agenda of ' : Police 4/17/2000 Exhibits: Copy of State Contract 250-040-99-1 specifications and equipment listing Expenditure P~qulmd: $21,208. Amount Budgeted: $12,000. SUMMARY STATE_ME.NT ' ARaroprlation Required: $9,640. - ($8,423 in grant funds) ($1,217 in Forfeiture Funds) As part of a continuing project to fully automate thepolice reporting process, elevm laptop computers are being requested, at a cost of $i,928 es. Five of these laptops are to be funded by an already awarded grant from the Florida Department of Commtmity Affairs (DCA), These laptops will be shared by officers of the Uniform Division and used for preparingoffense and incidmt reports. The $9,640 cost of these five units will be paid by the $8,423 DCA grant and $1,217 in matching ftmds fram theLaw Enforcemmt Trust Rinds account Theother six laptops, of which three are additional units and three are replacement units, were approved in the cra-trot FY 1999/2000 police budget and are to be assigned to Detectives and supervisory officers for use in their official duties. All of these laptops will be used in conjunction with the new Automated Parnrds Management S~stem installed at the PD last year under $ Federal COPS grant. These computers are to be purchased under State Bid # 250-040-99-I. The laptops obtained under the grant project will provide enough units to equip every on duty patrol officer with a compute. The use of laPtop computers will significantly speed up the reporting process, reduce the use and reliance upon paper records, reduce storage space tecluirements and filing time and improve the legibility and quality of reports gene~ted by the police department. . RECOMMENDED ACTION Move to attthoriz~ staffto implement the Florida DCA grant project and appropriate a total of $9,640 in funds as stipulated in this transmittal, to purchase elevm laptop computers, under State Bid, at a total cost of $21,208. Gatew Solo 255,0 SE Deluxe Quote Number: 140405064FLORIDA Contra~ #: State. Contract #250-040-99-1 Fed II~ 46-0431398 DaTcfrirn=: 04/05/2000 14:44 EST Client Name: Lt. Resrdin Client Phone: 561-589-5233 and Fax: 561-589-2207 Sales Representative: -Brad.Danke 800-779-2000 s.25390 Comments: · .. ProCessor: Intel® Pentlum~ III th'oo=~sor 450MHz ~ 256K Mt,grated Full Speed L2 Cach~ Memory: 641vI2B SDRAM added: US$94 · Keyboard: Full:Size K~board with lVlS Windows 95 Keys MoUSe: Black PS2 Mouse and EZ Pad® Po/nting 'Operating System: Microsoft® WindOws NT Workstation 4.0 added: US$75 - Expansion Slots: Two deep socketed PCMcIA Type II slOtS Battery: NiMH batt~7. audAC pack 'Screen: 1'2.1inch $¥GA Active Matrix Color Display Floppy Drive: Integrated 1.44MB 3.$inch Floppy Disk Drive- CD-ROM: Integrated 10Xrnin. f24X max. CD-ROM drive" Hard ~rive: 6.0GB Ultra A, TA RemoVable hard drive : ~",' ' . · · ..' · Video. SMI Lynx EM4 AG? (iX) oontt011~', with 4MB S GRAM · Mnitimeaia Paclrage: Integrated 16;bk Sound, Stereo Speakers, Internal M. iorophone, I-Icadphonc/Speakcr Jack, Line-In and i.inc-out Mdc Jacks Zoomed.Video Port:.CardBus and Zoomed Video Port · .'.'.'' l*a~Modem: Integrated V.90 56K Modem :. " l_utdNDesk Software: Intel® LANDc~k Client Mam. gcr Soft,yarc v6.0 ' t . · Anti-lFm~s Software: Norton Anti-Virus Sof~ware Application Software:. Microsoft® Office 2000 Small Business Service Program: 3 Year Parts & Labor Limited Warranty added: USS100 Cerffiicattom: FCC Class B, UL and CSA om. tiffed Dimensions: ll.Sinch x 9.3inch x 1.ginoh, approx/matety 7.41 lbs External ports: USB, Parallel, Serial, VGA, PS/2, R J11 and Infrared Ports Carrying C~se: Not Selected subtract~ d: US$46 ::Extra Keyboard: Not Included Base Price: US $1705 Configured Price: US $1925 Total Price:US mad spec:L:E:i.c~l::i, oas ~e atubject, t:o change w~dchoul: not:£ce o~: I obligatlon. ~ ~ Sales tax, sb/pping & handling will be collected where applicable. I ' Please Print and attach this quote to your purchase order .: ., I ' . .' · ' "T~rms and Conditions of sale and lL-nJted warr,'mrv · . , · i ~)rdcring information is encrypted using the Secure Socket.Layer (SsL)i I i protocol b:fore being tram-fcrr?d to our Web S~-wr for processing. ' i PHces and specifications ar~ subject to change without notice or : obligation. These prices do not include shipping or sales ta.x if I ' i applicable. After your system has be,n built (lead times may vary), it . ' '' . [ may be shipped ~ia 2n~ day shipping in the continental US. 2nd day ' i shipping wi~in flae continen~l USA is US for desklops and US for i ' ' . ':portables. 7 to 10 day shipphag for Destination[TM] Big Screen PCs is ~ . ' iUS. add US $hipp~g for eaoh printer. All prices are·quoted in U,S. ! ! ! ! ! ! ! ! ! ! ! ! · 610 Gatew'~y· Dr. P.O. Box 2000 North Sioux City, SD -~7049-2000 Phone Number - Local Main Operator- 605,232.2000 Fa,xBack Service - 80C.846,4526 · wve~v.;iat ew;t¥,com . To: Lt Reardin Oompany: Fax Number: 5815892207 From: Danke, Brad Subject: quote Message:- :Pages: 3 Date: Wednesday, April 05, 2000 Time: 02:14:10 PM I I .I I I I t q~l uoted, ~hts is a nan-bhding quatatian for ~r. P~= and =p~8~= =u~ ~ ~ga w~ n~ ar ob~a~m. Shining · ~ a~ a~ a~li~le ~ w~l be added wh~ ~e radar ~ p~d. ~ ~qu~d, a t~mal q~a ~ c~l~an ~ a~er ~ be ....... ~u~. T~ ht~ a~d in ~ ea~m~abn ~ ~M~ed ~ me Df l~ ~1 ~ en~ Mm~ abo~. E reader d ~ me~e ~ ~t the hten~d,~J~t. ~u ~e h~y no~ ~ ~y db~mti~, d~n ~ ~py~g ~ ~ ~m~n~ ~ ~ I I I I SUbject:· Bid AWard Uniform Contract Approved for Submittal by: City of Sebastian, Florida Department Origin: Public Works Date Submitted..: 4/6/00 For Agenda of: 4/26/00 · ',,APPROPRIATION REQUIRED'.: '$ Exhibits: Bid Tabulation · EXPENDITURE REQUIRED: $ AMOUNT-BUDGETED: $ ~/~ The Public Works Department solicited sealed bids for the annual uniform-contract 'and two bids were received. We recommend that the contract 'awed be given.to Unifirst Corporation of Titusville, Florida based on thek cost per employee ,'under.. their addendum bid. Although the bid included prices for EXecutive Uniforms, coveralls and.~ jackets as well, we are not recommending award of these items at this time, We realize that Unifirst Corporation is not the low bidder, 'however, .we feel that ,we can justify the $0.17 per employee additional due to the past service received from Rent We~. Rent Wear he. has supplied the city with uniforms for the past 10 years and during that'time we have had numerous problems, such as missing uniforms,, uniforms returned with holes in them, stains all over thorn, names spelled wrong, etc. This month Rent Wear supplied,..un_iform~ to a new employee .and the long sleeve shirts he-ordered were. ripped completely up one sleeve. We were extremely surprised that Rent Wear would .send this type of.uniform to the City for a new employee With a new contract award. pending. Other problems. ,encountered over the past 10 years have been missed deliveries, late deliveries, repairs not 'being made. as reported, charges for .uniforms returned by former employees, etc. The uniforms are covered under the budget'through each division based on the number of employees in the division. This cost carries forward ,'budget year to budget year. .o.,my, we have $5.00 per employee budgeted, however, we have been paying $3.78 per week per employee so an increase tO $5.17 per employee will not require a budget adjustmem this year. The new.price will be'budgeted when pre. paring the Fiscal. 2000,01 budgets in May. Move to approve the award of the armual un/iform .contract to the highest responsible bidder UniFirst Corporation in the amount of .$5.17 per employee per week :."and. authorize the City Manager to execute, the contract. ,. k I I I I I I I I I I I I I ! A RESOLUTION OF THE RWER COUNTY, MANAGER TO ENTER LEASE AGREEMENTS FOR THE PURPOSE OF COPIERS; PROVIDING .PARTS OF PROVIDING 'FOR. NO. R-00-23 OF SEBASTIAN, INDIAN AUTHORIZING THE CITY FOUR rl~ YE,~R MUNICIPAL RIVE~IDE NATIONAL BANK MYrA Ai-5050 DIGITAL o~ P. ESOLU~O~S O~ m CONFLICT ~Ur~ ~ WHEREAS, the current copiers FinanCe and Police Dc. partme~ts are in excess of nine years old, are slow and . repair; and '. · ~REAS, the copier in the Clerk's office has been over-used due to the nature of the other machines available and is in need ofrepl .aqlng; and . . .. VtrKEREAS, the City is able to piggyback off°f a Marion County Bid for the cost of the Copiers at a · ow, ntsr r0r ,'s rr,r so vms¥ crr co. ch:or ua crr or. · SEBASTL4N, INDIAN R/VER COUN~,'FLORIDA, that: LEASE AGI~EEM]ENTS. The City. Manag~ is authorized to enter into and sign four five year Machl, es a price of SeCtion. 2~. CONFLICT;'/ A~l resolutions or parts of resolutions in conflict herewith a~ hereby repeale& The foregoing Resolution was mo seconded by Councilrnember follows: Mayor Walter Barnes Vice-Mayor Ben A. ]9 'hop Councilmember iioe/i arczyk Couneilmember James ~Iill Councilmember Edv~ard ii. Majcher, iir. This resolution shall take effect on approval. 'ed for adoption by Councilmember . The motion' and, upon being put into a vote, the vote was ~ The Mayor thereupon declared this Resolution duly passed and Adopted this 26t~ day of April, 2000. cITy OF SEBASTIAN, FLORIDA ' Walter Barnes, Mayor ATTEST: City Clerk Approved as to form and legality for the : ' reliance by the City of Sebastian only: Rich Stringer, City Attomey . COPIER COMP~SON COPIER MONTHLY CHARGE PER COPY CHARGE FOR MAINTENANCE ESTIMATED COPY CHARGE PER MONTH BASED ON 450~00 COPIES I~ER YEAR TOTAL MAINT. PER COPY CItARGE LEASE PER MONTB - 4 COPIERS CHARGE PER COPIER' TOTAL 1VIINIMUM COST PER MONTH DPI MAX DAVIS ASSOCIAT~S~ 1NC. SAVI$ 9945 DP 200.00 0.010 175.25 375.25 1,031.84 257.96 ' 1,4o7.o9 ._ coMP~ TOSHIBA DP4580 25.00 0.006 ~00.15 225,15 898.52 224.63 1,123.67 600X2400 MITA,~i-5050Di~ta 0.00 0.010 375.25 375.25 950.64 237.66 600 · ' NO: :.'".' ':".. ~' . , ' ':.orlando.'"" "'";*. ;: ~g~O~ ' _:~ ,, . I - --'-,- ~-:---' ~: ~i=a .A~'5050 ' '. ' ' ~;: ..2 ' . ~ i ~~ ~ . ~, . . . · .. .'' ::~ .... . . ', . . . . , ~ ~o= ~==~. · ..' · .I ..... ' ..~ .... · ' .' . 9 ' :' '.. .... ?.'2: - . - · %'-. (~ -- -- ,. , , Duplex ' Fal30 '- 3,000 Sheet Tinlsha= .:- · S ..1,730.00 ...... ~-. I' H~3 -~'Ham~ry Boa=d . ' .. 'B20 · O0 ..... 1 . . . . · · - . .~ j ,.... . ,]. ~ . ' "d ..,' "; ,~ , ~ . · ',~ ':.*. ': '~, '~:W,{{..~r~ ~g]' ~,I~:,~ r &~,~V ','?"*q" '.',. ~ ......... · 'LEASE AGREEMENT FULL LEGAL NAME 'C of'Sebastian BILLING ADDRESS -- . ;- - 1225 Main' 'S~eec · Sebastian" /Rzver , -IF1I 32978 ~o.o~ ~a:k ~ason '. [~61)589-5330 EQUIPMENT LOCATION . :. · - :, iF NOT SAME AS ABOVE .. OUNdTITY MAKE. MODEL NO.' SERIAL' NO. :. $ ] MiCa 5.050 Copier - ..,, Lessor Is aUtllorlzed ,to In. eft detailed desoriPtlon adding model and serial,numbers, ,a~s~itas alnd parts, Hon-Cancelable Lmrse. This tseee cannot be canceled or terminated except ee expressly provlde~l heroin. Avenue · rhm ~einml term of this lea~e tall be -." RO - - months ..-.:,.,.. '. ~us such renewals or extensions as n~y ~ ~g~kad upon imm time to time, ",f;': )..~' ' ', ",'.' The monthly mats, psymmlts (mieiuslve ef'app,qoable ~all be .'- Iollows: . ' ' ' · ' .' ~Pi~ applicable ~aJea lax~, If any) . per month tofflhs'tollowtng (Plus al~41oabie ~ea tsxea, tl lu~) ' Yea__ No APR ' , ,% , . ,. ,..,;. ,... , : ,:'f.~;,'..' ( .... ..., The undersigned Lessor hereby agrees to lease to the undersigned Lessee end Lessee I~mby agrees to lease and rent from ~he Lessor, the equ pmect and personal property . above deecrtbed (or in the schedule, If any, annexed) with all replacement pans, repairs, addltfona, and acoessorlee incorporated therein and/or affixed thereto (collectively referred to as the "Equipment' and/or "ProPerty"). subject to the terms and conditions sated below and on the reverse side hereof. . - ......... ~.. · . ...,... ~..,.:, . ~:..~ · . ........ , -, ,... -: .. . ..;. ,.,-...... '"'.?.';. 1. TERM and PAYMENTS:ACCEPTANCE OF PROPERTY. Subject to the ct)n. '.._ . Levee, at all times keeping the. Equipment free from any legal process or cecum-.. alit,one hereinafter' stated and on the. reverse side hereof, this lease shall be for the ' brance whatsoever, including but not limited, to liens, attachments, levies and axe- term above sated, commencing with delivery of.the Equipment described above ~ cut, one, and shall give Lessor Immediate written notice thereof end shall indemnify Lessee or to an agent of Lessee, which shall be evidenced by Lessee's execution . Lessor from any loss caused thereby. Lessee shall not ac affix the Equipment to of a Certificate of Aclmowledgement and Acceptance of Leased Equipment' mede a ~ ..:/Yeelty so as to change as nature to 'real property and agrees that the Equipment part of this Agreement a_$ further proof of such commencement. Upon del,yep/of ..... ..:.:*shall remain personal property at all ames regardless of how attached or Installed. .. the Certificate of Acknowiedgement' end Acoepance. Lessee has no right to .... - ~ '. Lessee shall, keep the Equipment at the location shown above, and shall not ~'. 'revoke reject or'repudiate the Equ pment Lessee agrees-to pay the tots renal for- · remove the Equ pment w thout the c;',nsent of the Lessor..: .. ...... ~.... -. monthly payments of renal shell be. payable on the commencement date of this . :?'."{'.:;:".:':".?: '~ lAX,-,,..w,r~l,e- aubject.!o_t.hi~ ,ea~.e.ano in .eddPion.t.o,t._ll~ ,S_y,..r~..ms~.t.o_?~e .. .... ......... .. ....... .. .... f .h,. be at} "atari to r'e'* an" sum- due ". ' :" demand ~n amount aqua to a I cease, assessments sale use rea or pe ~.~. . to Lessor hereunder from ad valorem,taxes. Tlie rental payments hers'under,stall '/,,?:."!/j,;:!,.. Pr?P.:e'~,.gmas ?ce. !.p. ta ?r, oth.,er a~ea,,, !ew.e.s, !mpoet?~ dut? ..o.,r.c. ha~es, If any, , 13e abes ute and un¢ond t cna w thout abatement; set.off' or.ocunterctalm.' ~'"'/~?'!;~?!,'~:~.(~"i .w, nat.ri, er impo. sen at.m.,e incap,uon or a, unng, tne lease, tsm% mg?;ner_w~ enYntP.~a,~. . .. '., -' ,.'~:~:.~'::...a. · .'. nesl Tines or interest Tnereon impcseu agamst or'on Lecaor,.or tne ~-qulpme .oy ' .L. ..... and reglatratlon fees, and s mi ar CheTgea' imposed on the. ownership, possession, ':.'.{. :i..."/::"'-[°r me :.qu,pr.e,~, ex~ep., e. ny .a-ar?,..or ~mm. ,n.come rexes., ....any., p~,.[~ ,.,,,f,/:::! selected by Lessee;' provided, however that upon execution hereof Lessee shell' '. '" '; "'; re~o~asents as follows: · .". .... . '" .' ..". · - thereby represent end.warrant to Lessor that Lessee has executed a binding obllg- ' '.!' ! .~:::!; :"(a) Leas~e'ls's govemmentai entity and political subdivlaton of the state of .at,on to purohase,the Property. Such Property shall be delivered to the Lessee free. and clear of all liens and encumbrances or Interests of say party.therein except the · Florida, duly created and existing pursuant to the laws of the State cf Florida, and t~lee ...... ' "-- ~ ....... d L-seer hereunder The Lessee shall at all times kee,. · · ~. ";-.has the full power.and authority to enter Into' this Agreement end has taken al! ': .-;"'. 'p~,~.",~,~';r~,~'".~°l"e'ns[r encumbranC;s Lessor shall not say any men,e;'' '"' ;'" '~ epp~prlate steps to authorize t~e acqulaltion of the Property'pursuant to this -'""W ...... T'~'' . .... ' ' - .... "" e~i~las t the" ' ' !'' ;..*A~g~ement and'upon execution hereof'by Lessee, this Agreement shall constitute ~e~rV~hn~o~os~r ethfhLfss:::~:;fdatyh~e;t~: ~:~ehnfr:t~:,r uss,es Cn.... 0 ....: ""..a legal va Id and bnd ng obligation el Lessee, enfOrceable in accordance with.~ :" L;eeeor shall st all times retain title to the Equipment. All documents of title and avl- - .... ' '" ..... ' .....'" ': '""":'"' ;'~' ''~ ': ~'" ,- (b) Al payments hereunder heve ~een and Will be duly authorized and paid. , denees of deliveW shell be delivered to the Lessor. Leases will not change or · . . '~ when due ~ut of funds then on hand and legally evallal31e for suoh purpcas. Lessee.:)' remove. Shy age; Insignia, or lettering whtoh Is on the Equipment at the Ume Of '. '-".' wlfl .to the extent permitted by sate law end other tm, ms ann ConditiOns Of'this :::~ ~ ..... deliverY thereof or which is thereafter placed thereon-indicating Lassor's ownership ' 'Agreement, Include in Its badger request for each'successive tlscel peric:l cunng ': .' thereof, and st ',,ny. time during the lease term, upon request ef Lessor, will affix to ' 1he Term ct this Agreement · sufficlam emounf to permit Lescae to dlecha,"ge all its. the Equipment in.a promlcant place, labels, plates, or other 'marking supplied by "~ ' :. obligeaons hereunder and Lessee has Dndgeted and evallacie tar the current li_.s?, I ..' Lessor sat ng that the Equipment Is owned by Lessor. Lessee shall at its expense '~ ..' :. ................. ..<?period sufficient funds to comply with its ob gabons hereunder.:.:.": ~?."";~ '--'..-~;:,'-;..~;' (c) There are no pending or threatened tawsults or ad. ministretive o~; other proceedings contesting the authority for, authorization or perforreance Of, or the expenditure of funds purauant to this Agreement., (d) Information supplied and statements made by Lsasee in any financial statement or current budget prior to or contemporaneously with this Agreement are true and correct.. , (el Lessee has an Immediat.., need for, and expects to make immediate use of, substantially all the Properly, which need is not temporary or expected to dimin- ish In the foreseeable future, and Lessee will not give pritorily or parity in the appro- priation of funds to the acquisition or u, sa of any substitute property for purposes or functions similar to the Property's or for the procurement of services from a third .. party which services are .subslituts for the utilization of the Property by the Lessee, (fi There are no clroumstances presently affecting the Le~eee that could reasonably be expected to alter Its foreseeabls need lot the property or adversely affect Its ability or willingness !o I~udge! funds for the Payment of sums due .. hereunder. ' ' ,: (gl Lsssee's right to terminate 'this Agreement as speclfie~l In Paragraph 1~ hereof was not an Independently bargained for consideration, but was concluded solely for the purpose of complying with the requirements of the laws of the State In ' (hi Lessee has on hand and tegall~ a~,altable, tunis from aouress other than ad valorem taxes sufficient to reeks all payments due under th!s Agreement during (I) The Lessee has reviewed Its projected revenues and Its expenses and rea- sonably, expects that It shall have on hand and legally available, funds from sources other than sd valorem taxes sufficient so ts timely make all payreents so.they. become due under this Agreement during the Term hereof. ' ...'. ~ ,' . .. : '(J) Lessee'shall .make appiopriafions'fo~ ' " " paymente for each fiscal period or' periods only from Sources of funds which are legally ava!labia to make payments under this Agree~nent, and from sources of funds other than ad valorem taxes . (k) All required public bidding procedures regarding the sward'of this . Agreement sn~:l the selection and acquisition of the Property have been.complied 4. USE and LICENSES. Lessee shall pay and discharge all ~per~fing expenses- te use the Property for its intended purposes provided that such equipment or acoes. series do not impair the value or utility of the Property. In that event all such equip- ' sent or accessories shall become the property of Lessor together With he Property, ,. '(bi Without the wriben conSent of Lessor. Lessee Shell n~t'make any other alterations, mOdifications- Or ImproVements to the Property except as required or per.' ' miftsd hereunder. Any Other alterationS, modificationS Or improvements lo the Property shall iremedtataly become part of the Property, Subject to the provisions '": hereof. Without the prior written,cuRrent of LeS~Or, LesSee Shall not affix or aftsoh any of the Property tO any mai property. The PrOPerty shall remain personal property regardless Of whether if becomes affixed or attached'l° real proP-''~. arty Or permanently rests Upon any real property or any mProVemSnt thereon. : 7. DAMAGE TO OR DESTRUCTION OF PROPERTY. Lessee shall bear the entire risk of loss damage theft or destrUction of the Proberty frore any Sad every cause whatsoever and no loss, dareage; theft,or destruction of the Property shall retaasa Lessee from the obligation to pay the full amount of the rental psyments or?..:h ' from any Other obligation under this AgreemenL ·- o.:'.:: ·: :', · : ' ,, ,, . , , :: . , . ,. , .. ~., ;,..;,-~-~ · .~ (s) in the ~re,t ~t a, o~ any part o~ the ~'~oPe~ is test.' eto~es, bas,eYec~ e~' ,damaged heyond repair. Lessee shall reptaca the same with tike Property in good -i~ repair of like value at Lessae's sole cost and experts as~soo~ thereatter as posslblai~i~ but in no event tatar than 80 ctay~ after such occurrence, end any such reptacemant shall'become subject to'thta agreemenL Insorenoa procesds received ~ Leasor,~lth';'~ ,respect to anV such cascaity shell be paid te Lessee If, soch Property is mptaced by Lessce aa.~quired~ hereunder. ; .. '' ,, ~. :-': .......,, '; ', ~. ::; '/, ,~,,. ',.~i ~,~ 8~ INSURANCE. Lessee she!l~ ~0r the,term of !his Agmemsfi~,'at i ts. own eXPSnse~i maintsln comprehensive Itsblllty insurance with respect to Ihs Property ir~urlng :' againSt such risks and In such amounts as are reassnsb y requ red by Le~S°r from ' .'. 'time to time· In edditioni Lessee shall, for the term of this Agreement, st its own . ex, mss maintain casuatty inaurenoe .with respect to the Properly. thsoring against.::: customary risks with coverage st all time~ not Ises than the remalntng Ptlnctosl -.'.,; ::. · · Balance determined es of,the end of Lessee's precedlngflsCal Year. All insurance 'policies shall be with InSurem authorized~to do business In the state where the ' ':. Prope~ is located and shaft name ~th Lsssor and Lessee as h~eur~ ss L~eir ~. rsspectlve'intareste may appsaL Insurance proceeds trom casualty'losses shall be '~"~, ' payable to the Lessee and, et the option Of the Leases, shall be applied lo either. (al the replacement, repair or restoration of the Property or, (b) payment of aatance Due }- -' Lessor (as defined hareafmr), Lessee shall, upon,request, deliver to Les~o~ evidence of the mqulred,coveragss together with'premium reseipts. In the even! Lasses fails.. ' for any msaon, to comply with the requlrereent of th s Paragraph, Lessee shet~ ~,.. -and shall cause the Property to be operated by competent persona. Onty Lessee Indamnlfy end save hermlsas, and, at Lsssee's sola expense, 'defend Lessor and its' shall use the Property only for its Proper purposes end will not Install use operate Or ' ' a-ants em-I-·'eee officers and directors and the Pm ~- a al t II ..... · .maintain the Property improperly, carelessly, or In violation, of any ap~fica~te law, "'' ~'~'era~l bvr~ran~:e ..... .. :, .: ,. ~ny, g. ~, .a. ns, o! ordinance, ~io or regulation of govemmenta[ authority or in vlotaflon of any policy of , -.. '. , · , ' ~' ' i', '," ',.i ~:" : '~" ' ':' "L .- .:i. insurance required pursuant to Paragraph Bhereo!, o~-In a manner cor~tmrY to the , ~..~. Ii. iNDEMNiFiCATIoN; Lessee sl~'ll IndemnllY'.afld save ._l~,rmie~S L~Ss°r nature of the Property or the use contemplated bY Its manufacturer' 'Lessee 'shall ' ' ....," agents, empoyl ess . Officers and d. .... rectors from and. at Le~,,e-. ,' ......... .,~,,,,..~ "-'-r'~ '~.-- ~''''''-''~ keep the F~rpperty at the location stated on the certificate of ACCePtance eXeCUted ,by "Lessor and Its' agents employees officers.an~ dj.rectOrs t ;,': .' ',, a: ,":" '. ~.;.: ~ LeaSes upon delivery Of the Property until Lessor In writing permits Its removal, and '" none. 10sase, damages Penslfias, ctsln~, actions, costs r:'," ~,x.~.,." ', ~,. :: ..'-,;;; t, ,, the Property shall be used solely In the conduct cf the Lessee'a Operations. Lessee . not limited to reasonel~le attorneys' fees) of whatsoever kind or nature wh'.--h In any ' shall obtain, af its expense, all registrations, permits.and licenses, If;any, required by .: way miata 'to'0r-arlse out of this Agreement or the ownsrsh p,-rents possess on. ,.' ,". law for the installation and Operation of the Property. Ucense plates used on the: .,' .. Operation,, condition, sal~ or retum of the Property whether caused In wr=ts cr in part Propedy shall be Issued to and In the name of the Lessee. Ifa ce~fication of title is '~=; ..... by Lessor a fault. All amounts Which beams due from' Leksee under ihis Paracraoh tssuable with respect t0 the pr°perCY, !t shell be deliver, to the,Lessee ~.h.0,.wlng tide." ~' ./'-' g shall be credited with any amounts received bY the Lessor fr°m inSuranca.p~-~i,"~e~ to be in the Lessee:....:: 'i.'." .,.._.: :'.. ',- ,, .,, i,~: ,'!~.?¥, ~?i ~'~:~',;~!.'..'~ ~ ,.,.//, '..~'i~.;~:':~.~ ~.~ i ~:,'~;~ - ;.;.: :'.' ." f by the Lessee ,'and shall be peyeb · by the Lessee w th n th rty (30) days '~ aw ng I' ..... -:' '~'~':--"~:.;i '~:~';""';~;' ~:,~,~:~:~::.~'~;~.:?."./:~'~';/'"'~;~'~;~?~ ?:''''''; "':: "'demand therefore by LesSOr and £.saae's obi gattona urea. th s Psragr.-~ Ii ssa ,:" B, MAINTENANCE. L~u~ ~,,~,0 ,~ ~.~ ~u,iu~,~ ~ ,.-,~,-,,). ,~F~,.o ,~. ,~p,~,,,~* .'. ...... ......... · ,' ' 'sUrvive the tetmihaflon or'expiration of this agresmenL ' · ""~[ merits to the Property. At Its own expense, Lessee snail senfice, repair era marathon ;., .,.., .. , ,?; ,. ,. ,..~,,. ,.., ,'i; .':- ,~,.;? · ,., '. ,.'. ~ ,. ,:, ;. , · · ~the ProPerly n as good condton, reps r, appearance and working Or,ar a~ ~.hen , ~. ".. "- :""10.'Nd REI:;R'I~BENTATIoN OR WARRANTiEB'EY LESSOR. Lessee 'eoussts '."'" . ' delivered to Lessee hereunder, ordinary wear and tear from preper ,use atone except* "Lessor to purchase the Equipment from a seller (the '$el~e.-) end arran[:-- ~c.r cleliv--.:~ ~, ed, and shall replace any and all'parts thereof which may from time.t~ time become ' I.Worn out lost stolen destroyed or damaged 5eyond repair or rendered unfit for .... ~ ' ';' ' ' '"' cry.to Lessee at Lessee's expense which shall be deemed complete u~"c." .Lessee';' ".".'~: "' "i..accapt~'nce. LaSso~ shall have no respchs b ty for db ey or tehure o. Se.,.. t. d_:iver :.'*: , _ :intended use, Ior any mason wl~atsoevar, all of which raplacementa~shall be lies,and .. /.,: the Equlpreent. THE LESSEE ACKNOWLEDGES THAT LESSEE HAS SELECTED .'".;~ ' clear of all liens, encumbra0cea and claims of others, and shall become, part of this, .:,, i:-~ ' THE EQUIPMENT LEASED HEREUNDER PRIOR TO HAVING REQUESTED THE..~=, iproperty and subject to this Agreement. Lessor may, slits oPtion, discharge .Such :~'L'..,; .,.....,"LESSOR TO PUROI-IASE Ti:.IE SAME FOR, LEA,.qlNOi TO THE LE$$~=~ a~tn ~'~."' ,--'L-' ...... ' st', ex asses and Insurance premiums necessary for the repair, malnt~ancel ;,r~d' ',. ;: ' LESSEE AGFIEE$ THAT THE LESSOR NAB MADE. AND MAKES I~0 R. PRE- ". co s .p. e ended sh~!~ bs ,:*ue.tro,~ La,,,see ~ri F':' ";'; '. !.; .S~;NTA'nONS OR WARRAN'nES OF ANY ~ND OR NATURE. O~RECT,~r OF~ ".:':"~ii preeervahon sf the Property and all sums.so xp . ...... , .,~:~.:....: ,,.. . '.addition to re'qtal payments herauodsr., '.,i .:' ,.-.,' .,!,,L · ~·.'.' ' ~';.,,~. ,"., INOIRECTL,Y, EXPRESS OR IMPLIED.AS TO ANY MATTER WHAT3OE'/ER..-': ."¥;.". L RAT,O,$. "::. .! :..../-?"' '-' .. "" :!? "".. NC,.UO N=. 'NE.SU,' EfUr ' O '.$UCH I= ,T-'.:': i ... ,'~. : "" NESS FOR'ANY 'PARTICULAR puRpoEE,' ITS MERCHANTABILITY, ITS CONOI,. ~'~ (al Lessee may. at Its own expensel in'tail 0r'pi~,~e ir~ 0~'~n/~r attach,'~'r affix ' ;',.. :"' 'I'ION, CAPACITYAND/OR ITS QUALITY, AND AS BETWEEN LESSEEAND '=?'?'...,,..": "LESSOR AND LE$$OR'S ASSIGNEES, LESSEE'LEASES TNE EQUIPMENT to, the Property, such equipment or sccessortes as may be nesessary.or, convenient ..: , .' ..... · ' ,, .. ,'. .... ," ".. ,' ....... ':',",,- ,: .'~, ,'' :,' '.. ' IS" AND "WITH ALl-.FAULT3". LESSOR AND LESSOR'$ ASSIGNEE SHALL ' ' · ' ' · "· ' .:'i:': ,?,,"" .'~,",~,~.'".:"';, "..~i;";',=~'?¥'"'?,",¢','¥!~'i'?',~-~; ~ -'! .'~ ,, . . . . . .. :'.,'. ,.= Lessee hereby ecknowledgsa receipt.of the equipment desorlbed in.i~s Lease ' with LessOr (the 'Equipment") end accepts the Equipment after full Inspection thereof as satisfactory for all purpose.B of'.the, tes;,. ":::i. "' :'/,. ":':...".. i..ii :!..' : SIGNATURE ~. ' ' ' - ., -. :' '; ~- ;7- ~;~, '..'.','..,. TITLE · ' ' -. '..".'-'.'.'-'" .;"~':'"i;'~ :.-;~ ':"'"'·: .,...: DELIVERY $ ACCEPTANCE DATE.:' ' '.:' ~ .. · .-. .. :- ,' !~ -...- . ,.' y~ ...'.....-,. ,'.~ ,.;~',~:~.,,:.'~,~:: Nor SE tABLE TO LF. SSEE FOa ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE'CAUSED OIRECTLY OR INDIRECTLY By ANY ADJUSTMENT THERETO, OR SY AN INTERRUPTION OF SERVICE OR LOSS OF USE THERE. OF, OR FOR ANY LOSS OP BUSINESS OR DAMAGE WHATSOEVER, OR FOR CONSEQUENTIAL OR ANY INCIDENTAL DAMAGES HOWSOEVER CAUSED, LESSOR MAKES NO REPRESENTAT!ON OR WARRANTY EXPRESS OR IMPLIED AS TO THE EQUIPMENT, ITS FITNESS FOR ANY PARTICULAR PUR- POSE, ITS MERCHANTABILITY OR ANY OTHER MATTER, NOR SHALL AN]' SUCH REPRESENTATION OF WARRANTY BY THE SELLER TO THE'LESSEE BE BINDING ON THE LESSOR NOR SHALL ANY SUCH BREACH REUEVE LESSEE OF OR IN ANY WAY REDUCE ANY OF THE LESSEE'S OBLIGATIONS TO LESSOR AS SET FORTH HEREIN. THIS DISCLAIMER OF REPRESENTA- TIONS AND WARRANTIES AND LIMITATION OP LIABILITY SHALL.APPLY WITH EQUAL FORCE AND EFFECT TO ANY CLAIMS OF ANY THIRD PARTY AGAINST LESSOR OR LESSOR'3 ASSIGNEE. 'if the Equipment Is not properly Installed~ doep not operate es represented or warranted by Seller or is unsatis- factory for any reason, Lessee shell make any.claim or account thereof solely against the Seller and shall nevertheless pay Lessor all rent payable uncter lease. No representation or wa .treaty es to the Equipment'or any other'matter, by the Seller Or ma~iufecturer to the Lessee shall be bind ng on the. LessOr nor shall any breach by the Seller or manufacturer'relieve Lessee of, or in any way reduce, any of the lesson's obligations'to the,Lessor as set forth herein· LeSsor hereby assigns to Lessee, ag!ely tor the purpose of making end pmaecuting"eny such claii11, any rights It may have against the Seller for breach of warranty or representation respecting the Equipment. Lessee understands, and agrees that· neither the Se er nor any agent of the Seller e an agent of Lessor and mat nei. thor the Se iar nor Its agent s author zed to walv~ Or alter any term 0rcondltion of, m a '."' ' '..' '.i'"c: "*.'T? :'".:",' i.: 11. TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS. · · Lessee is a bona fide governmer~i~l entity of the State* of Finrlda with Lessee's fiscal year ending on · ':; · of each Calendar year. If Lasses does 'not appropriate sufficient funds to .continue making the payments required under this agreement for any of .Lassee'a fiscal.years subsequent to the one in which the Agreement Is-executed end ehtared into,'.then' this Agreement shall be 'terminated effective upon expiration of the flscel year in which sufficient funds to continue satisfaction of Lessee's obligation uncler*thla Agreement were last .. 'appropriated by Lessee .ansi Lessee shall not, In this sole event, be obligated to map any further rental·payments due beyon;t said' fiscal year. Lessee warrants that the necessary funds shall have been appropriated/or ali of the Pr~3perty for 'l~eecee'a fiscal year during which the execution by lessee of. this Agreement . ;)ccurred. Lessee shall' give Lessor Immediate notice· of Lesaee's intent to termi? nets this Lease under this Section 11 which notice shall contain the termination date (which shall be the .end of the last of. Lasaee's fiscal year for which appro- priation for the Property-were made) and shell advise the Lessor of tha location r~r locations where the Equipment may be found on the Termination Data. In the event of en early termination of this 'Agreement under this Section, all obliga- tions of the LesSee to make rental payments'which Would otherwise be due :·hereunder after the termthation Date shall cease and .the Termination Procedure (see'Section*13 hereof entlttad 'Termination.') shall apply to the Property es to - .which this Agreement la terminated, Lasses agrees: (I) not. to terminate this Agreement under this Section 11 If any tunde are appropriated to It 'fei the fiscal · . I may in Its sole discretion exercise any 'o~: all of the following remedies In addi- tion to any other remedies existing ·under law or in equity: (1) Accelerate ell payments remaining due for me entire term of this i . Agreement, and entorca this Agreement hy appropriate action t~ col- .'. lect from general revenues of Lessee not adslng from ad valorem tax* " atica and which are otherwise legally available therefore amounts .. . ' due or to become due heraundsr, by acceleration or otherwise. (2) Terminate this Agreement, in which event, upon demand by Leaspr the I following procedure (the 'Reme;ly Procedures') shell apply: (al LESSEE RIGHT OF DISPOSITION. 'Lessee alkali (I) mmediately cease any use of tl~e Property .and cause th~ Property'to be stored · 'in an approprlste place, (il) use Its best efforts at Lesses's · expense to dispose of the Property within 60 days Imm receipt of · SUch written demand far an amount which shell approximate me equ pmant's ~Fair Market Value' (es defined hereafter) as deter- mined by a qualified appraiser. The proceeds tram the sale of the - equipment shall be forwarded dlr'ectly to Lessor sad applied to the ! ·- '*. ·Balance'Due Lessor. II the proceeds are less then the Balance '.i... ".Due Lessor, the la'aSea.shall pay the delloiency to Lessor. Jf the · proceeds exceed B;i anco Due I:&ssor L~i~aes she keep the "i··: · .. overage. · . .. .:. .':" . ': '.-'(b)'DELIVER¥ ¥O LES,S. OR~ If LesSee falls or refuses to·dispose of ' I .." ". ' '.' the Property·within that $0 day pe~od the Lessee shall at Its.. .' :. -' ' expense, cause possession of the Property together with ell doou- · . monte necessary to transfer legal and benelicial title thereto and -. ' '..- .....- possession thereof to Lessor sad to ev dance the termination of al!. , '.. of Lesaee's interest in the Property to be delivered at Lessor'a ~'~. · ' · direction consistent with 1he terms hereof· Lessor may then dis-': i.''!' - · '.-. pose 0f Property and the proceeds from the sale of the Proper'a/ · shall be app ed to the. Be anco Due Lessor, If the p~oceeda'are . g . ' '-' · less than the Balance Due Lessor, the Lessee she I pay Ihs deft-'-' ' · .:'.' '.. ":Piency to Lessor..*..*. :"*~'i' *'~.'.:;, ':. '-i ."'" "'"'" *: "' 'i'.':: .. ~- ..' i.'. ' '"·: · eu p,y i: .' . "'." ments remaining due for the?stirs term:.o.[ this Agreeme.nt. ' ." ii ' . ' (c) Notwithstanding a return of the Property to the ·Lassor-hereunddr, I 'Lessee shell remain liable to Lessor for any damages caused Lessor se 'a renu t et any breach of the provisions of this Agreement relating to metiers omar than .. '.". ' ' rent' payments; provided, however, that Lessor may recover any such.amounts '.' onl~ from general revenues of.Lessee which do not arise .from sd valorem taxes :' I and are otherw ss. egally ava[ ab e therefor, to the extent available, ...,'..':'~ - ' 13, TERMINATION PROCEDURE, Le~aee shall, upon say termination here-. Of pursuant tO Paragraph 11 hereof deliver th~ Property to Lessor unencum- - -~ bared and i~ at'least es good coed tl0n end repair.as when delivered to Lessee, · · · ordinary wear and.tear resulting from proper use alone excepted, by cad ng the .': · ProperS, at LeSs%'s sole aXpbnse,.on such carrier,. ~r d.ellv.:ring the Prope~ to Such location, aa Lessor shall prov ds or 'designate at er within a reasonable .. distance Imm the general.location of me' Freperty. If Lessee falls to deliver the Property to Leaso[,.as provided in this'Paragraph 13, on or before t.he'date of ! ~. termination of this Agreement, LeSsee she t pay to Lessor upor~ demand, for the year next succeeding the fiscal year of terminat on, for either (el the acquisition (by pumheae or lease) of other functions y similar equipment or'(b) the procure- - : perl~l from the date of tarmination cf this Agreement to the date: Lessor elthar meat of servloaa"from a third party, which'services ate functionalty similar'to th,e. T..?.~Obtalns possession'of the Property or'collects 'the Balance Due Le~or,. monthly ' ut tizat On of't~e Property by the Leaiee '(il)' to expressly, include In the' Lessee s .'., '~..;::::~;. rental n. the amount set .forth ab.oye../;~'~? :: ~i~5:~;.~!(~.'~;~':~."..~:~.~:;'.:.~::.'. %~?i ".":'~,~,!~-~:'i"::i:~ :, :.: proposed budget appropr at one each entry for payments due under this . '' ' ' In the' .... event Laacor' ' Is."entitled'"': ' ' under.'" ' '!"'""~the 'provisions ~''~' ' ''''~'': :~' ''-''qof ~''''''thls:':'Lease'''' '" '":"to~'"~;:"obtain' ~'~ TMpOs''''' Agreement and iii to comp y w th a I cthe~covenants·and'representat one as- '~ ' set forth ln'-arao(~a)'h 3 above ' '"' '" "" "=''' '" '~ ...... '? ":~' ' ''~ "' , '. ' ':... seas on of the Property due to a voluntary re nqu shmant thereof by Lessee · . +'.. ~. ~' .... .... '.;:.~. ':!" : :"".'.-" :.'-/:.h?J¥' "~i... "~!'.'~i.:'~'~?.'~?::':"-': ~ -,:.'.. ".' .! '~ leases agrees to '(I) fully C°bperata.wlth Leasol~ In. all respects In"eff?ing a , ~':.. ",". ' "i2 DEFAULT AND LESSOR'B REMEDIES. '-; .:?~? ~:'f? '.'~' !::~'"? ':~ ': ';:" :' ,'": ': timely and'0rder y racial very of:the Prclparty to Lessor (11) at Lessee s expense :". '.... .. · :.'- :. '.:?~" ' ' :' ...... :" ' .-': ....... ':':'~'~. "" ..' ...... "'." .'.' ....to assemble and'appropriately package the Property for Sh pment and.to make,." ?, · ' - · (al The occurrence of one or more of the fo ow ng events shall constitute ..... 'tl-o ;3~"e'lY so assembled 'a~d ,~ackagad a~,allable st one or mo're ccations" .' '~,, ': · ' ' "efault w ether'oCcurrln vountartyor'n~ountarlY by operat on '.' .' '.'.., ~"~'~ ~.~:=~.~.~ .,~=~,,,.,~h'.;.~=or','coovenie,;,+tmef~'Le~So~,~:::?~i .: and Event of d , !1 . g. · . .... --. "..'~ ., ': , ,'- ='~'= ................ u.u ............... ~ ' :.0f law or pursuant to.any ~rder'of e~Y court o~ g0.v..err~,me~ta!.age~cy.-=.!;. :';:~: ,:?:" '"!.i.'"':.:' :.' ::','.,~.,:~' ~,' ',,,~: Property; ('111)' exegbte, apd deliver to Lessor, 'or at Lesso~'e.dlrec: ~:: -". '~ = "~"', ' "';;[" ~-" :' ·4 A,,:, ,~;;;;~-r,'g::~';~id~;:';~i~ ;~L~: '· ·': "';"~;':"··':' ~''' ..... t,o,m a,, ouch,neats necessary to 'transfer legal and beneficial title to'the (1)lesaeeafaluretomek .... .~-~-....-., ..... '. . ' ~';'~ .....:' ' "- [=rna 'V o' "ssonthereofto'Ls~sorandtoevldancethetermna'"nofa " ..... ..~ ..... . , ......... · ,......, ..- ...... · .... ___ err n. casa .... ' 12~ leasae's ·failure to comp y with' any other covenant; condition or agree .... ~ -.. ~_-.-of Lessee a"lntarest~.l.n t. he .pr,operty..:~.'~:r, ~ "': ".'. '~' .":::,:~;:: .: '.:'." ' . · · ':'". '' men, of lea,es h~reund~r for ~ peri~od of ten ('!O). days' alter n.o_t.!~:!l~ .:.~-:,';..:....... ~.' A~'SiGN~i;.'N~ A~'~.::~Ui~_~'~'..~'?.:...'..: '.....:.::i.': '~ :..'~".'; ' .:' :·: writing thereof;,. "~:,~ i. ':?.' ':~" "?:~ ::.:~"::"~i:":~' i: i',~i:,: ' '. ' ~;~!":: :-::'..:" .' ' · .... -~' - '~* ~-,.~.~:~ .,::~ ~..'.~,~:'?~.:i'??":':'~:".:-. !-"'.~. '~:':'''': . "-".' ' · ' (3) Any representation or warranty n~ade by leases hereuncler shall be ':.._ ' '(al Without the' prior written boneset of Lessor; Lessee shall hgt.(I) assign, ' transfer, pledge Or hypothebate Or otherwise dispose of th s 'Agreement t_he' ~7~:.c~:'' untrue in any material respect es of.the date made; . .,...-.,. (4) Lessee shall make, permit or suffer any unauthorized assignment, transfer or other disposition, of this agreement or any ir~te.rp..et herein,' cr any part of the Property or any interest there!n. ~'-~=.'~.: '" ' (t~) Lessee becomes Insolvent or admits }n writing its ins'biltty to pay Its debts as they mature cr applies for, consents to, or acqdlescas in the appointment of a trustee, receiver or custodian for the Lessee or sub- "":'...atentlal part of Its property, or in the absence of such epplination, con- seht or. acquiescence a trustee, receNer or custodian is appointed for Lessee or a substantial pe~t of its Property and is not discharged with- //' r~' ~lxty (61:)) days or any bankruptcy or Insolvency law or any dissolu- ~,/tics cr liquidation proceeding, s Instituted .by cr against 'Lessee and, If ~ instituted against Lessee, is consented to or acquiesced !.n by Lessee cr is not dismissed within 61) days, .(b) UPOn the occurrence of any Event of Default specified herein Lessor .- P. roperty, or any part thereof or any interest there, (11) sublet the property or any · Parl themof~ or (iii) permlt'th.e .Pr0pe~!y to be caad for any purpose not .p?rmlttad .,-: /:. '(b)'L~saor ~l~ll .be an'titled with or Without notice to, or'me consent of~. ~i~'"..:'.:. Le~es ko eel assign Or transtar all cr any pert'of Its right, tiffs and in[~riat in,' '..:'.!-~ lo sad under this Agreement ( nc udlng, without limitation tl~ose wiJh respect the Property and ell payments of any kind due or which ere to become clue to Lessor hereun;ler) and say such purchaser(s), assignee(s) cr transleme(e)· sham thereafter (jointly, If more then one) be deemed to he the LessOr. heret~.~de[,.:?:~?~:.?;: except that Lsaecr and Lessee agree [ ,:~' ,,~k.,t..w; ,,~.=r '),,t ~ d'~ q,;:~ r'~r.*.~'a¢- '" ' er(i,), assignee(s) or transferee(s) w,. -' ay& p.',c~; n: ,e;;.~,~,,~r':a'.'~ "- r' wa,:, ,, ,. notice of Lessor's sale, assignment or transfer of all or any part of Its.interest i hereUnder, Lessee agrees tO attorn to end recognize any such purchaser(s),· assignee(s), or transferee(s) (jointly If more than One) eS the Lessor(s) under this Agreement. Upon assignment, Lessor is thereby relieved of any further obligations. Upon written request L~ssee agrees to execute and deliver such certificates or other instruments as may reasonably be requested, including, but I not limited to, e separate acknowledgement of assignment and attommant cer- tificate in the cuStoma~ form as to any purchaser's, asslgnee's or transferee's right, title and interest in, to and under this Agreement, and with respect to the Properly and the Payments thereafter due and payable pursuant to this Agreement. I 15. PERSONAL PROPERTY. The properly is and shall st ali times be and remain personal property, es described in Paragraph 6 (b). 16. LESSOR'S RIGHT TO PERFORM FOR LESSEE. If Lessee fails to make any payment or perfo .r:m or comply with any of Its covensn~s or obligations hereund.er, iLessor may but shall not ba required to, make such payment or perform or comply with such covenants and obligations on behalf of Lessee and the amount of any such payment and the expenses (including but not limited to' reasonable attorney's fees) · Incurred by Lessor in perforr~ing or complying with such covenants and obitgations, as the case may be, together with interest Ihereon at the highest rate permitted by Iapplicable law, shall be payable by Lessee upon demand: :' ' 17. INI'ERE~T ON DEFAULT. If Lessee falls to pay a~ly payment due under this Agreement, whether payments of rent under Paragraph 1', payment of taxes under Paragraph 2. or payment tar performance by Lessor Of Leesee',s obligations, under I Paragraph 16 or otherwise, within fifteen days after the due date thereof, ~.essee . agrees to pay Lessor interest or~ sUCh delinquent payments from the date due until .: actually received in immediately available funds to Lessor at ~h.e highest la~ul'rate ' permitted by applicable law. '.' ' ..' I18. NOTICES, Any notices to be gives or to be sewed upon any party hereto, In connection v~th this agreement, must be in wilting and ~tay be given by certified or registered mail, and shall be deemed to have Peen given and received fortyelght (48) .hours after a registered or certified letter containing such notice, postage prepaid, Is depOSited In the United 'States mall, and i/given otherwise shall be deemed to have ibeen given when delivered to and received by the party to whom it ia addressed. Such noti~ shall be given to the parties at their respective address(es) designated on the signature page of this Agreement o? at such other address as ~,Yhethar party may hereafter designate in writing. .. I 1-q. LIMITATION oN.PAYMENTS. The Interest component of rental payments due. -hereunder is not intended to and in no event shall exceed the maximum, rets permit- ' ted by applicable law and in the event any amount In excess of the maximum rate permitted Is paid by Lessee or collected by Le~sor, then Lessee shall pe entitled to receive a credit against any amounts thereafter due hereunder or any of the amount I o f such excess, or if nO amounts remain due hereunder, the Lessee shall be entitled .to Immediate refund of any such excess. Lessee shall not be entitled t~ Interest on any such amounts refunded. - · · - :;. ~ '": ... · ?'. (a) Lessee Shall, whenever requested, advise Lessor of the exact Iocation'end condition of the Property and shall give Lessor Immediate notice of any attachment or other judicial pi'ocees affecting the Proparty, and indemnify and save Lessor-han~- leSS from any loss or damage caused thereby including without limitation, reeeonabts I'attorney's fees. Lessor may, for the purpose of Inspection, at all reasonable, times · enter upOn any Job, building or place where the Property and the hooPs and records . .of the Lessee with respect harem are. locatad. .'.:'!?~:~.!. ~ ,~:,~' :,: ' . ". ' (b) 'lime Is of the essence. No covenant ir obligations hereunder to be per* mmeoformod by Lessee may be waived except by the written consent of Lessor and waiver of'any venant or chitgetl0n ora to eers to thvoke any reseat·on any · "~ccaslon shall not constitute to be treated as a waiver of such covenant or obligation .or' any other covenant or obligation as to any other occasion and shall cot preclude ' .;.¥:: Lessor from InVoking such remedy at any later time pdor to the Leseee's cure of the . ". I..c0ndition giving dse to such remedy. Lessor's rights 'hereunder are cumulative and. :. not sltsrnaitve, ." ' ...... ' . ' :" ' (c) This Agreement shell be construed and governed in accordance with the ' - .. law,= of the State In which LesSee i~ located.' Should the Lessee be located In. Florida ' - I' both Lessor and.Lessee hereby agree venue for all e.gal ,action rega':fi, ;; "4';''~''~' '"hi' :. .... Agreement shall be in St- Lucia County, Florida. "'~ , .~ :. :. '!" ) This Agreement constitute.~.the entire agreement between the parties end · Shall not he modified, waived, discharged, terminated, amended, altered or chahged By Iin. any respect except by e written document ~tgned by both Lessor. and Lessee. .' "(e) Any term or provision of this Agreemeet found to he prohibited by law or unenforceable shall be Inefiective to the extent of such prohibition or unentcrceabtiity wlthoul, to the.extent reasonably pceslble, invalidating the remainder of this IAgreement. (f) The l'essor hereunder shall have the nght at any time or times, by notice to Lessee to designate ~)r appoint any person or entity to act as agent or trustee for Lessor for any pu~pcaee hereunder. : . .- . .. I (g) All transportation, drayage, rigging,, transit insurance premiums .end other charges payable Ior delivery of lhe equtl~ment/o and from the premises of Lessee, and all installation, connect, d sconnect and pecking r..harges, shall be pal.d bY...- ' Lessee. Lessee wlti immediately notify Lessor of any change occurring in or to the Properly, of a change in Lesaee's address, or in any act or clrournstance warranted or represented by Lessee to Lessor, or If any Event of Default occurs. (h) Uae of the neuter gender herein is fur purposes of convenience only and shall be deemed to mean and include the masculine or feminine gender whenever an~ .wherever appropriate. · ' (I) The captions set forth herein are tar convenience of reference only and · . shall not'define or limit any of the terms or provisions hereof. · (j) Except as otherwise provided herein, this Agreement shall be binding upon. and Inure to the benefit of the parties hereto and their respective heirs, executors, ' . .administrators, legal representatives, successors and assigns, where permfited by . ... this Agreement. ': 21. PREPAYMENT'OPTION. Pr:ovldsd Lessee has complied with the terms and -.. '. conditions of this Agreement, Lessee shall have the Option to prepay the. payments "~ '. due cluring the Tem~ hereof as to eli but not less than all of the Property v/nigh is then subject to this Agreement on the date prior to the next payment coming due, Lesao~'..'..'-~ shall be given written notice by Lessee of Lessee's Intention to p~pay 60 days prior '.':~' to the extent inconsistent heravflth shall govern and contel. An administrative, fee of .;~ · fifty dollars ($50.00) may be charged Lessee on any such prepayment, ' .'~:.'~t,~i 22, LATE CHARGES. Whenever any payment Is not made by Lessee in full wlthtn'?i:: thirty (30) days of the date due, Lessee agrees to pay to Lessor, not leter than one month thereafter an amount equal to 5% of the full scheduled payment but only to- ' '~.' the extent allowed by law. Such amount shall be payable In addition to all amounts. payable by Lessee as e result of exercise of any of the remedies herein provided. 23. SECURITY II~FFEREST. To secure payment end performance of all obligations' of reesse to Lessor hereunder, Lessee hereby grants to Lessor e continuing securlt7 ':[: interest In the Equipment and proceeds thereof, Le~ee shall execute one or. more .: Uniform Co.mmemial Co(ts financing statements'in form satistactory to Lessor to · fact the security Interest granted by Lessor to Lessee herein. Lessee shall reimburse, Lessor'for any searches, filings,-recordlngs, stamp tees or taxes arising from the lng or recording of any Unfiorm Commercial Code financing statement, amendment' or termination, and this ContraCt or any other Instrument or statement. Lessee agrees : to procure for Lessor such estoppel certificates, landlord's or mortgagee's waivers or other similar documents as Lessor may reasonably request. Should Lessee be pro. . hlbitad (By State Statues, .Charter, Local Ordlnsnce~, etc.) from grenfing Lessor a . i,.[:~_. security interest In the E~luipment.under leass, then this paragraph shall be null and' void and Lessor she I not receive the atoremonti0ned U.C.C. financing statements...~"= .'~ 24 GOVERNMENTAL PURPOSES Lessee and Lessor agree that It Is the Inten- :.:: ~.. tiao of both parties that the Equipment pe used for govemmentsl purgeees only and '. Lessee represents.and warrants that the Equip.moot Is.herel~y Ifssed ,!ely for gev-:. 2S, A'i-I'ORNEY'S FEES, In the event that either party breaches the ts~s 'of th!s .7'. Lease, the non.breaching party shall recover from the breaching party ali costs and expenses incurred es a result of ssld breach, Including, without limitation, reasonable'~ attorney's lees, including fees incurred st the ~at or appellate levels, . ~ In withers hereof: t~e undersigned Lessor hss' duly. accepted and executed this .. ',. i ':-.,.'LESSOR: Riverside Leasing Company .~ City of Sebastian, Florida Subject: Resolution R-00-24 Agenda No. Department'Origin: City Manager Date Submitted: 4-20-00 For Agenda off 4-26-00 Exhibits: Proposed Resolution R-00-24 EXPENDITURE REQUIRED: N/A 'lN/AAMOUNT BUDGETED: 1APPROPRIATION REQ~: SUMMARY The proposed Resolution R-0024 will allow the City to apply for a small matohing grant from the Florida Deparmaent of State, Division of HistOrical Resources, for'historio preservation to the old Sebastian Elementary School/City Hall. RECOMMENDED ACTION Move to adopt Resolution R-00-24 authorizing the City Manager to apply for a small matching grant from the Florida Department of State, Division of Historical Resources for historical preservation to the Old Sebastian Elementary School/City Hall. RESOLUTION NO. R-00-24 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AUTHOI~ZING ~ CITY MANAGER TO irPL¥ X mS?OlUC GRANT .FROM THE FLORIDA '. ' DEpARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES; PROVIDING FOR CON CT; ' OVW G E FrCTn WHEREAS, the City of Sebastian wishes to proceed with plans to renovate the old Sebastian Elementary SchOol/City Hall; and WHEREAS, the Mayor and City Council desire that the City of Sebastian improve various public properties within SebaStian, Florida; and WHEREAS, the Mayor and City Council of the City of Sebastian wishes to authorize the City Manager to apply for a Small Matching Grant from the Florida Department of State, Division of Historical Resources. NOW THEREFORE, BE IT RESOLV?~D BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHOIHT~&TION. The Mayor and City Council of the City of Sebastian hereby authorize the City Manager to apply for a Small Matching Grant from the State of Florida Department of State, Division of Historical Resources. Section 2. The City Manager's Office of the City of Sebastian is hereby directed to send copies of this l~solution to the Florida Department of State and other persons as directed by the Mayor and City Council. Section 3. CONFLICTS. conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. immediately upon its adoption· A motion to adopt the foregoing Resolution was made by Councilmember · The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: All resolutions or parts of resolutions in This resolution shall take effect Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember James A. Hill Counciimember Edward J, Majcher, Jr. day of The Mayor thereupon declared this Resolution duly passed and adopted this ,2OOO. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk APPROVED TO FORM AND LEGALITY Rich Stringer, City Attorney , City of Sebastian, Florida Subject: Ordinance 00-12 Agenda No. for Su~/m~y~ Manager Department Origin: City Manager Date Submitted: 4-20-00 For Agenda of: 4-26-00 Exhibits: Proposed Ordinance 00,12 EXP ITU ' REQUIRED: NIA AMOUNT BUDGETED: ' APPROPRIATION N/A . I:I.EQ~D: SUMMARY The proposed Ordinance 00-12 amends Code of Ordinances, Chapter 26 to regulate elevations of fill material at construction sites. RECOM3~NDED ACTION Move to approve Ordinance 00-12 on first reading and set a public hearing to ;be held at the Regular City Council Meeting of May 24, 2000. ' ORDINANCE N0. O-00-12 AN om~ANcE ov ~ crrv oF SEaAS~X~, n,~ mwa cotrmcv, ~omn, ~~a coD~. ov o~~c~s ~~R 26 TO ~G~~ E~VATIONS OF ~L ~~ '. AT' CONS~UC~ON S~S; ~RO~mG FOR CO--CT; PROLOG FOR SE~~~; YRO~G 'FOR ~ W~AS, problems occur when adjoi~g P~cels ofl~d are developed at ~er~t elemtions, ~d ~s is beco~g a more comon oc,u~ence. . ,. ~. ~ Ci~; ~d. W~AS, th, Ci~ Code esmb~shes ~um floor elevations, bm ~ds s~ent as to maximum fill elevations; NOW, Ti~i~FORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. adding a section to be num~which said ~ection shall read as follows: by Sec. 26~.'~Ma~mum illl elevations. c) (a) The maximum elevation to which fall may be placed upon a x ,'~ construction site to be served by a septic system shall be one foot above either //: ;'~ the elevation set for the septic tank by the health department, or the applicable ~,(~ ~ minimum floor elevation pursuant to Section 26-1, above, whichever is greater. (b) The maximum 'elevation to which fill may be placed upon a ~' construction site not served by a septic system shall be one foot above the applicable minimum floor elevation pursuant !to Section 26-1, above. That the Code of Ordinances, City of Sebastian, Florida is hereby amended i I I I Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith I are hereby repealed. ': ' ' ' '" I Section 3. SEVERABIL1TY. In the event a court of competent jurisdiction shah I hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of Ithe Ordinance shall not be affected and it shah be presumed that the City Council of the City of Sebastian did not intend to ~nact such invalid or unconstitutional provision. It' shall further be I assumed that the City Council would have enacted the remainder of this Ordinance without said I invalid .or unconstitutional provision, therebY causing said remainder to remain, in full force and i effect.. ' ~"" ' '' I Section 4. EFFEC~ DATE. This Ordinance shah take affect fifteen (15) days i following its adoption by the city, Council. I The foregoing Ordinance was moved for adoption by Councilmember · The motion was seconded by Couneilmember and,' I upon being put to a vote, the vote was as follows: I Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Ben A. Bishop I Councilmember James Hill Councilmember Edward J. Majcher, Jr. I , The Mayor thereupon declared this Ordinance duly passed and adopted this day of May, 2000. CiTY OF SEBASTIAN., FLORIDA ATTEST: By: 'Walter Barnes, Mayor Kathryn M. O~allo~-an, CMC/AAE City Clerk r~.proved as to form and legality for anee by the City of Sebastian only: Rich Stringer, City Attorney