HomeMy WebLinkAbout11082000SEBASTIAN
HOMK OF Pr:JJC. AN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, NOVEMBER 8, 2000 - 7:00 P..M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAiN STREET, SEBASTIAN, FLORIDA
Inc~vfduals w~ address the Cily Council with respect ~o agenda items irnrnediate~y before deliberation of the item by the City Council- Jmit of ten rr~nutes per
speaker (R-99-2 ~)
1.
2.
3.
4.
5.
00.239
O0.O03a
00.240
I
7.
00.220
8,
00.24~
3
9.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
~ROLL CA[.L
AGENDA MODIFICATIONS (ApDITIONS AND/OR .DELETIONS)
items not on the written agenda may be added enly upon a majority vote of City Council rnernbere (R-99.21)
PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Pelican island Garden Club - Presentation of Check to City of Sebastian
B. Presentation.of'Certificate of Appreciation to Walmart of Sebastian for $1000 Donation - City
of Sebastian. Rotary Boardwalk
C. Proclamation - National Hospice Month - VNA Association of the Treasure Coast
CiTY ATI'ORNEY MATTERS
A. Rolf Zurstrassen -.Claim Discussion (No Backup)
CITY MANAGER MATTERS
A. Schumann Drive Median Strip Enhancements - Specific Species Planting (Parks Superintendent
Memo)
CITY CLERK M.A'i-FERS
10.
11.
5-14
00.230
15-17
0~242
19-20
00.034
12.
13.
14.
00.200
21-28
15.
16.
00.243
29-47
00.244
49-53
00.052
5556
O0. O03b
57-60
CITY COUNCIL MATTERS
A. Mr. Majcher
B. Mayor Barnes
C. Vice Mayor Bishop
D. Mr. Barczyk
Mr. Hill
CONSENT AGENDA
All Items on the consent agenda ere considered routine end will be enacted by one motion. There will be no separate discussion
of consent agenda items unless a member of City Council sc requests; in which event, the item wll be removed and acted upon
separately.
A. Approval of Minutes- 10/25/00 Regular Meeting
Airport Lease Amendment - A & B Leasing Enterprises, Inc, (C/ty Manager Transmittal f1/2/00,
Lease Amendment)
Holzknecht Request for Community Center- 12/9/00 - 5 pm to 11 .pm -A/B - 45-50 Attendees -
Age Vedfled - Security Paid (City Clerk Transmittal 11/1/00, Application)
Prior Approval for Reimbursement of Expenses for City Manager Travel to Tallahassee on
1.1/14/00 and 11/15/00 - City Hall Preservation Presentation (No Backup)
PU~UC HEARING - None
INTRODUCTION OF NEW I~USi. i.i~.ESS FROM THE PUBLIC
.item that has occurred or wes discovered within the previous six months which Is not otherwise on the agenda, sign.up
required, limit of ten minutes for each speaker
COM MITTEE_RE PORTSIR~ECOI~IM EN DAT. IONS
Construction Board
1, Interview, Unless Waived, and Appoint Applicant to Position (City Clerk Transmittal
10/20/00, 1 Application, Member List, Ad)
OLD BUSINESS - None
NEW BUSINESS
Authorize City Manager to Execute Airport Lease Between City of Sebastian and Keath E. Houston
(City Manager Transmittal ~ 1/2/00, Airport Lease)
Waive 5% Late Payment Fee and Reduce Interest. Rate to 12% on All Past Due Late Payments for
Skydive Sebastian of South Florida, Inc. Lease Payments through 10/30/00 (Finance Director
Transmittal 10/30/00, Default Calculation on 1997 Lease for Parking Area, Lease Agreement
Pages 5-6 and 3~)
C~
Approve Contract with Curt Oxford Woodcarver, Inc. for Manufacture of New Signs and Plaques for
City of Sebastian in the Amount of $19,200 (Public Works Transmittal 11/1/00, Quote)
Authorize the City Manager to Execute Joint Participation Agreement with Rotary Club of
Sebastian, Inc. ~ Cooperative Public Service Project - Build and Maintain Boardwalk
Extending from Sebastian Riverwalk (City Manager Transmittal, Joint Pa~'cipation Agreement)
2
00.245 E.
61-64
Approve Purchase of Computerized Voice Stress Analysis Instrument at Total Trade-In Cost of
$5,819 (Police Department Transmittal, Quote from NITV)
00,246 F.
6,%62
Approve Purchase of Five Public Works Vehicles from .State Contracts (Two Chew 1/2 Ton
Pickups, Two Chew Compact Pickups, and One Chevy Malibu) for a Total of $66,010.10 (Pub/lc
Works Transmittal f 1/1/00, Quotes, Requisitions)
00.247 G.
83-g8
Resolution No, R-00-61 - Authorizing Financing from the Capital Trust Agency (Finance Director
Transmittal 10/25/00, R-00-61, R-00-38)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING RESOLUTION R-00~38 OF THE CiTY IN
CONNECTION WITH THE FINANCING OF THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN
CAPITAL PROJECTS; AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO
EXCEED $865,000 FROM THE CAPITAL TRUST AGENCY (CAPITAL PROJECTS AND EQUIPMENT ACQUISITION
PROGRAM); APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE CAPITAL TRUST
AGENCY; AUTHORIZING THE EXECUTION AND DELIVERY OF A PROMISSORY NOTE; APPROVING THE
EXECUTION AND DELIVERY OF A DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION W/ITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE.
00.156 H.
99-102
First Reading of Ordinance No. 0-00-24 - Parking Revision - Set Public Hearing for 12/6/00 (City
Attorney Transmittal 11/1/00, 0-00-24)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 98 TRAFFIC
AND VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
00.246 I.
103-~07
First Reading of Ordinance No. O-00-25 - Taxi Regulation - Set Public Headng for 12/6100(City
Attorney Transmittal f l/riO0, 0.00-25)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 106 VEHICLES
FOR HIRE;'PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
17. ADJOURN (A//meetings shall adjourn at 10:30 p.m. unless extended f~r up to one half hour by a majority vote of C#y
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WiTH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING (OR HEARING) WiLL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD.
(285.0105 F. SJ
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPEC/AL ACCOMMODATION FOR THIS
MEETING SHOULD CONTACT THE'CITY'S ADA COORDINATOR AT 589.5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcor~ino Meetinas;
o RegularMestlng. Wednesday, 12/6/2000.7 pm
· RagularMeeSng- Wednesday, 12/20/2000- 7 pm
WHEREAS, VNA Hospice is a program of the Visiting Nurse Association of the
Treasure Coast and provides specialized care to patients throughout Indian River County; and
WHEREAS, VNA Hospice was the first,, and remains the area's only non-profit
lic6nsed and Medicare certified hospice agency;,and
WHEREAS, VNA Hospice is the local provider ofpailiative care, focusing on patient
cow. foR, pain relief and family support and is committed to improving quality of life for many
months, not just final days; and
V~/HEREAS, individuals have a renewed focus on end-of-life care and are now placing
great importance on dying well, just as they have always emphasized living well; and '
WHEREAS, VNA Hospice continues to grow to meet th~ needs ofindividuais and
their families by addressing the physical, mental, emotional and spiritual needs of patients in
their homes; and
WHEREAS, VNA Hospice, through the generosity of the community, built, equipped
and endowed the recently opened V'NA Hospice House, the area's first residence for
terminally ill patients; and
WHEREAS, increased public awareness and understanding of hospice and palliative
care will serve to strengthen the services available throughout the community and will halp
ensure that huch emotionally supportive, cost-effective alternatives are available to all citizans~
and
WHEREAS, VNA Hospice has joined member organizations of the National Hospice
and Palliative Care Organization in commemorating November 2000 as National Hospice
Month and is calling on all Americans to observe this occasion with appropriate ceremonies '
and activities.
NOW THEREFORE, I, Walter':W. Barnes, by the authority vested in me as Mayor
of the City of Sebastian, Florida, do hereby pwclaim November 2000 as
NATIONAL HOSPICE MONTH
in the City of Sebastian and encourage the support and participation of all. citizens in learning
more about hospice and palliative care services in our community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
City of Sebastian, Florida, to be affixed this 8th day of November, 2000.
Attest:
Walter W. Barnes, Mayor
S:/lly A. Maio
Deputy City Clerk
.(-
City. of Sebastian
.'12.2.$ MAIN'STREET '~ SEBAS'I':IA~,.FLORIDA 32958 "'
mt6fomc IVl llO
Date': . 'Oct0berg, 2000
To: Terrence IL Moored, anager ,',.' '- .
'0n SchumanuDrive'are s6hedule, d for lmadseaphag this weE. The fi_rst
Palmettos will. be .Thm-sday.'10/12100. The medians were
a h~rbieid¢ 2 weeks ago. and' ~cording to thelabel'yOa.~k)not ~lmxt
after application: ComPletion.hopefully we be0n OCtober 2..7 . -
P.ahnu~to TfipsOn Trail Nurs~ . .., , (-....: ,.
Smfltow~ Maple .,qtreet
120 Slash ?Les' Ma, pie Street NalSves...'". '. -
"120 Cabbage P.alms Euviroglades Nursery
120' Simpson St°pp,r ~F. mviroglades :Nursery
120.Yaupon Holly Otter'.Cre~ Nursery "
MydocumentsYSchmmmdrive
· 08~09~00
DRAFT
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY', OCTOBER 25, 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 Pastor Bob Littleton, Lakeside Fellowship Church.
ROLL CALl=
City Council Present:
Mayor Walter Barnes
Vice Mayor Ben A. Bishop
Mr. Edward J. MajCher, .Jr.
Mr. James Hill.
Gl.b, C. qurjcil Absent:
.Mr. Joe Barczyk (excused)
Staff Pr[~serjt;.
City Manager, Terrence Moore
City .Attorney, Rich Stringer
City Clerk, Sally Maio
· Growth.Management Director, TraCy Hass
Police Chief, Randy White
Regular City Council Meeting
October 25, 2000
Page Two
DRAFT
00.075
10.
~.GENDA_MOD_IFICATJON$ [ADDIT_IDNS~ND/OR DELETIONS_)
Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21)
None.
PROCL, AMATION$. ANNOUNCEMENTS AND/OR P~ESF~NTA?IONS
None.
.CITY A'["['ORNEY MATTERS
None.
CITY MANAGER MA'I'I'ERS
None.
~[TY CLI~RK MATTF~RS
None.
CITY COUNCIL MATTERS
Mr. Hill
Discussed phone calls regarding vegetalJon overgrowth on vacant lots and the lack of protection to
adjacent property owners, and asked what can be done to protect them. The City Affomay said he
will come back with ordinance language options previously considered,
Reported thst the Metropolitan Planning Organization, on 11/18/00 approved a "Needs Plan' for
2025 but did not approve widening of city streets; and that the process of adding a new Seba~an
volJng member has begun, noting that Veto Beach and Indian River County have. veto power over
the addition.
Mr. M~char
Congratulated the students who attended Student Government Day today at City Hall and said he
.hopes to see tt done on an annual basis.
Mav°r Barnes
On behalf of Mr. Barczyk, asked for consideration of limiting sale of cemetery lots to Sebastian
residents.
Discussed his letter to the editor asking people not to vote for the high speed tall amendment.
~ndian River County Emel:gency Sen/ices District Advisor7 C.ommtttee Member_
(Cp_l~rni~s[oner Adams Letter. IRC Re~olution_2000-124. Currer)t City Member Li~t for
~Sp.A~)
Mayor Barnes and Councilmember Majcher volunteered to remain member and alternate. City
Council concurred.
2
Regular City Council Meeting
October 25, 2000
Page Three
DRAFT
00.232
00.233
00.234
00.235
11.
D, Vice. Mayor Bishop
None.
E. [4r, Be rczv_k
Absent,
CONSENT AGENDA
All Items on the consent agenda ere considered r~utine and v~ be enacted by one motion. There wIE be no separate ~s~ussi~
of consent agenda items unless a member of City Council so requests; in which event, the item wE be removed and acted upoll
separately.
A. ~Approval of Minutes - 10/1.1/00 Regular Meeting
Resolution No. R-00-59'-Vacation of Easement- Scott- Lot 12, Block 447, SH Unit 17 (Growth
Management Transmiital 10/f E/O0, R,OO-5g, Application, Site Map, Staff Report, Uffiily Letter~)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN EASEMENT
OVER.LOT i2, BLOCK 447, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING
FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
Resolution No. R-00-60 - Vacation of Easement- Nubi - Lots 10 and 10A, Block 229, SH Unit 6
(Growth Management'Transmittal 10/19/00, R-O0-60, Application, Site Map, 3taff Report, U~'lity
Letters).
A RESOLUTION OF THE crPt' OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN EASEMENT
· OVER LOTS 10 AND IOA, BLOCK 229, SEBASTIAN HIGHLANDS UNIT {~; PROVIDING FOR CONFLICTS HEREWITH;
'PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. ·
.Approve Final i'tlat for Ac, om Acres ~;ubdivialo~ (C, ity Engineer 7:~ansmittal 10/I~/00, Final I~lat
Under Separate Cover)
Authorize Mayor Barnes to Attend Florida League of Cities Local Government Leadership Class VI
- Tampa 2/15/01-2/17/01 and Orlando 4/19/01-4/21101 Pursuant to Chapter 2. Division 3. of the
Code of Ordinances (City Clerk Transmittal 10220/00, FLC Letter and Class Curdculurn, Ch.2-Div
3.of the Code)
Sebastian River Area Chamber of Commerce -Taste and Treasures/Paddle Fast 2000 - Use of
Riverview Park 'Riverfront Area" - Saturday, 11/4/00 8 am to 4. pm (Public Works Transmittal
10/17/00, $chedule.of Activi#es)
The City Manager reported that Item D Acorn.Acres Subdivision'Final Plat must be removed for
further clarifications. City council concurred. The City Manager then read the consent agenda,
and the City Attorney read titles for Resolution Nos. R-00-59 and R-00-60.
MOTION by Majcher/HIII
Al move to approve Items A,-B, C, E and F of the consent agenda."
Councilman Bishop removed item B.
3
Regular City Council Meeting
October 25, 2000
Page Four
ROLL CALL:
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - absent
Mr. Majcher - aye
Mr. Hill - aye
MOTION CARRIED 4-0
Item B -,B-~0-~
The Growth Management Director responded to Mr. Bishop that the plan does max out the
setbacks, resulting in a need for the vacation of three feet of the rear easement.
MOTION by Bishop/Hill
al move-to approve consent agenda
'ROLL CALL:
'Mr. Bishop - aye
Mr. Barczyk - absent
Mr. MajCher - aye
Mr. Hill - aye
Mayor Barnes - aye
MOTION CARRIED 4-0
¸12.
00.029
QUASI-JUDICIAL PU[~t,.iC HEAJ~LN_(~
Quasi-Judic, lal Hea~fng Procedures on Back of Agenda
Resolution. NQ~ R-00-55- PreJ_iminary Development Plan Approval for please IIA .and lib of
· Collier Club Subdivisiotl (Growth Manaoement Director Trat3smittal ~Q/9/O0~ R.00-55~
Sta~ ~epor~ P & Z Minutes. Location MaP, Pre. l~rninarv Plat Under SeparaJe_Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPEOVlNG THE PRELIMINARY DEVELOPMENT PLAN FOR
PHASES.IIA AND lib OF COLLIER CLUB SUSDIVISION;.PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR
EFFECTIVE DA?E.
Mayor Barnes'opened the public hearing at 7:25 p.m., and the. City Attorney read Resolution No.
R-00-55 by title. There was no ex-parte communication to disclose.
The City Clerk swore in .all those who intended to offer testimony.
Chuck Mechling, .OnSIte Management, presented the Phase IIA and lib preliminary development
plans, and responded to questions from .City Council.
The Growth. Management Director discussed' the increase in the size of the lots and setback
standards, which will reduce dens .ity in Phases IIA and liB; and recommended approval with the
conditions as stated in the resolution.
There was.no public input.
Mayor Barnes closed the hearing at 7:32 p.m. and called for a motion.
Regular City Council Meeting
October 25, 2000
Page Five
DRAFT
00.1'97 B.
TAPE i. $1D~ Ii ('/:5f p. rn,)
MOTION by Bishop/Majcher
"1 would move to approve Resolution No. R-00~55.'
ROLL CALL:
Mr.' Barczyk - absent
Mr. Majcher - aye
Mr. Hill - aye
Mayor Barnes - aye
Mr, Bishop - aye
MOTION CARRIED 4-0
Resolution No. R-00-56 - Special Use Permit for Chestnut 512 Carwash (Growth Manaclement
Tranem~al l O/9/Og. R-O0-5~, Applicant. 5Y~ff Report. P & Z I~inute~. Location Mejo~Site PI{~i
JJt3der Separet~ Cover)
A RESOLUTION OF THE CI~TY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT512
CARWASH' LOCATED ALONG C.R, 5~2 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH;
'PROVIDING FOR.EFFECTIVE DATE.
Mayor Barnes opened the public hearing at 7:33 .p.m,, and the City Attorney read Resolution No.
R-00-56 by title. Mr. Hill said he spoke to.Mr. Chestnut briefly.
The City Clerk swore In all those who intended to offer testimony.
Attorney Warren Dill, representing the applicants, addressed City Council on a request for a special
use permit for Chestnut Carwash and introduced Ken Chestnut, Brian Jenkins, Randy Mosby, and
Chuck Emo~y.
'Mr'. Dill submitted, for the record, and described Exhibits 1,2, and 3; five photos labeled 1-5
depicting existing uses on CR512 and described them (see copies attached). A rendering depi~ng
proposed landscaping along the CR512 corridor was exhibited.
Mr. 'Dill continued his presentation and presented, for the record, photos labeled 6-9 depicting the
rear of other car washes; and a paper entitled "Conditions of Approval" (see copies attached).
Randy Mosby, Mosby and.Associates, described his baclq;lround and experience in projects within
the City and County; said the project is not detrimental to the health, safety or welfare of the
community and is consistent with the ordinances of the City; and noted that all required permits
have been received. He described the enhanced landscape and architectural design.
Chuck Emory, representing all parties in the real estate transaction on the property, said he
believed the project will enhance property values in the area.
The Growth Management Director discussed the building's revised architectural and landscape
designs, which exceed minimum standards; and noted that City Council must find on two issues: 1)
Is the granting of the special use permit detrimental to the public safety, health Or welfare or
injurious to other properties or improvements within the immediate vicinity in which the property is
located?; and 2) is the use requested consistent with the purpose and intent of the respective
Regular City Council Meeting
October 25, 2000
Page Six
D AFT
zoning district, and can it be demonstrated to be similar in-nature and compatible with the uses
allowed in the zoning district? It was his recommendation that Council approve the special use
permit if it finds.the use meets this criteria.
The City Attorney said Council also has to find that the project is consistent with the Comprehensive
Plan and Code of Ordinances: He then cited a discrepancy in language in Exhibit 3, Section 54-4-
21 .B.3~,.1 and C.2.c relative to canopies. He also noted that the Exxon car wash was to be located
in a dtfferent zoning district (PUD~C).
The Growth Management Director said the intent of this code was not to prohibit car washes but to
prohibit the canopies and fiat roofs,
City Council discussion followed on the-location of the vacuum cleaners at the back of the building
based on St. Johns River Water Management District on-site stormwater requirements; and the
rear wall material changed to wood due to an existing.easement and prohibition on erecting a
masonry wall in an easement.
Mr. Mosby submitted specifications relative to proposed .Iow noise vacuums; and a revised site plan
dated 10/3/00 for the record. Mr. Mosby said he ·would also submit a full set of plans following the
meeting If the ,project is approved.
TAPE II. ,SIDE I (8:37 p.m.)
Jean Carban0, Betty Avenue, Sebastian, spoke in favor of the request.
Mr. Dill submitted the artist's rendering as an exhibit (will be on file in City Clerk's vault) and
confirmed that the three page vacuum specitications that Mr. Mosby submitted should be'entered
into the record as an exhibit.
Being no further input, Mayor Barnes called.fnr a motion.
MO~rlON by Bishop/Majcher
· · fl'Il move to approve Resolution,No, R-00-.56 Special Use Permit for Chestnut 512
Cantvash.". Mayor Barnes asked If Mr. Bishop wanted to include the addrdons of approval as
submitted by Mr. Dill. Mr. Bishop agreed and Mr, Majcher seconded "with conditions".
ROLL CALL:
Mr. Majcher - aye
Mr. Hill ~ aye
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - absent
MOTION CARRIED 4-0
Mayor Barnes called recess at 8:43 p.m. and reconvened the meeting at 8:55 p.m. All members
present at roll call were present when the meeting reconvened,
Regular City Council Meeting
October ;25, 2000
. Page Six
DRAFT
00.1~3
00.0~ 6
13.
14.
15.
16.
LI~I.'yRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Itern that has ~c~un'ad or wes discD vared within the previous six months which is not othen/vlse on the agenda, siEn-up
~lUtn~d . limit often minutes for each speaker
None.
COMMITTEE REP ORTSlRECO!ylMI~NDATI{3N~
None.
_OLD .BUSINESS
~Dprove New LQcaf[ion for Closing of Indian Rive[ prive - Coolidge Street to Har~q~ Street and
J~ast End of JndiarLRiver Drive at East_End .of FellsD~re Road fol' [December 16-17,.2000 75th
AnnNersary Street Celebration (Public. Work~ Transmittal 1_0/15/00)
The City Manager noted the prior approved location needed minor modification and that it has been
requested that the streets be closed beginning Friday evening.
Ray Coniglio, 75th Anniversary committee, gave an update on the street party, and requested on
behalf of the artists, that the street be closed on Friday night. He reported that Keep Indian River
Beautiful has donated $500 toward the clock tower, and that brick paver forms are available in
several locations.
Louise Kautenberg, 75th Anniversary Committee, sought direction from COLlnCil for the City to host
a breakfast at.the Yacht Club at 7 am on December 16th for the artists. Mr. Coniglio discussed the
idea of advertising that. a photograph of city residents will be taken during the festivities. The City
Manager said these matters can simply be part of the Planning process.
MOTION by Hill/Majcher
"1 move to approve.the new IocaUon'for the indian River Drive road closing, add Friday from
4 pm."
ROLL CALL:
Mr. Hill - aye
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - absent
Mr. Majcher - aye
MOTION CARRIED 4-0'
NEW BUSINESS
~A~thodze City Manacle_r Jo Execute ProjectAgreement Between Citv of Sebastian_ and Florida
inland Navig. ofio]3 District Waterways Assista[me Program for Boat Moodng and Shoreline
Restoration, Site Work and Landscape Improvements in the Amoupt of $170.000 (CitvMar[a. ger.
Transmittal lO/f3/OO.~greemen~)
The City Manager briefly reviewed uses for the grant agreement.for the Good Guys property and
responded to questions from Council.
Regular City Council Meeting
October 25, 2000
Page Eight
MOTION by Majcher/Bishop
'1 make a motion to authorize the City Manager to execute the' Project Agreement between
the City of Sebastian and the Florida inland Navigation District Waterways Assistance Program for
boat mooring and shoreline restoration, site work and landscaping improvements, in the amount of
$1.70,000.'
ROLL CALL:
MOTION 'CARRIED 4-0
Mayor Barnes - aye
Mr. Bishop - aye
Mr., Barczyk - absent
Mr. Majcher - aye
Mr. Hill. - aye
.00.236
Aoot'~)v~. Cornl;)uter Ulzgrade fQL' C~ (~!q.r.k'~ Of~e - Sjx~ell Coca,em Under $~t~ Con~
- Hewle~ Packa~ HP 4500DN Color Laser Printer from Pomeroy Government Sales State
Conffa~ - Ne~m Upg[~des Suooo~ed by State Contra~ and In~allafion/Configurafion by
NCR Technician. Bob Moufl~ ~ ~ Tot~[ o~ $20J ~,93 (C~ Clerk TCq~I ~o/lg~o,~l
Ouote. ppm~ Ouch. Moud~ ~gt~ ~i~es
The City Clerk .bdafly described the anticipated upgrade.
.MOTION by Bishop/Hill
'1 move to approve the purchase of City Clerk's office computer and printer upgrades from
Dell Computers and Pomaroy Government and Education sales, under state contract prices,
netware upgrades.supported by state.contract and installation/Configuration by Bob Mouring, NCR,
for a total of $20,127.93."
ROLL CALL:
Mr.. Bishop - aye
Mr. Barczyk ~ absent
Mr. Majcher - aye
Mr. Hill - aye
Mayor Barnes. ~ aye
MOTION CARRIED
00.237
Approve Purchase of 7001 Chew Silverado C1500 Pickup Truck for~uilding Official in the_Amount
~f.$15.543.00- 5¥r/'Z~.000_m[lelblo Deductible Extended Warranty-J~ate Coqtra~t
Cheyrolet. Inc./Bill Heal~ Chevrolet, Inc, -. Plant city (Building Department ~'~r]_snjit~a110/11/00,
~.,~ate Contract Price J, i~tJ
The City Manager recommended deletion of the five year extended warranty.
. MOTION by HIl!/Majcher
"1 move to approve the purchase of a new 2001 Chew Silverado Cl 500 Pickup Truck for
the Building Official in the amount of $14,568.00."
Regular City Council Meeting
October 25, 2000
Page Nine
'. 00.238
00.034
ROLL CALL:
Mr. Barczyk - absent
Mr. Majcher - aye
Mr. Hill ~ aye
Mayor Barnes - aye
Mr. Bishop - aye
.MOTION CARRIED 5-0
,Ap. prove Purchase of Two Gl~q: Extended Cab CgmDact P[c~p Trucks for Er~gine~rtng
D~p~rt~rr!erLt in the Total Amount of $28,224.00 - State Contract - j~i~r Pontiac G.I~C ~'Enpi~e. erfr~o
Trending#al lOll 6/00, Engineer Memo~
MOTION by Majcher/Hill
'1 move to approve the purchase of two GMC extended cab compact pickup trucks for the
Engineering Department in the amount of $28,224.00.".
ROLL CALL:
Mr, Majcher - aye
Mr. Hill - aye
Mayor Barnes - aye
Mr. Bishop . - aye
Mr. Barczyk - absent
MOTION CARRIED 4-0
Authorize One Member of City CounoJLto Travel to Tallahassee on 11/15/00_to Participate in State
of Florida Historic PreservatiQl~ Advisory P~view Board Presentation for City Hall Restoration_
Program (City ManaFer TJ'an$1zlittal ~ 0/13/00)
The City Manager described the .purpose of the trip and it was suggested the trip begin on the
afternoon prior.
MOTION by Hill/Majcher
'1 would.move to authorize Mayor Barnes of the City Council to travel to Tallahassee on
November'14 in.the afternoon, stay over one evening, to participate in the presentation to the State
of Florida Historic Preservation Advisory Review Board in an effortto obtain funding to successfully
implement the overall City Hall Restoration Program."
The City Attorney advised removing 'in the afternoon" and Mr. Hill and Majcher concurred.
ROLL CALL:
Mr. Hill - aye
Mayor Barnes - aye
Mr, Bishop - aye
Mr. Barczyk - absent
Mr. Majcher - aye
MOTION CARRIED
Regular City Council.Meeting
October 25, 2000
Page Ten
DRAFT
00.231 F.
Authorize Mayor to Execqte_Emplovrpqnt Agreement Between C~ Of Sebastian and Sally Maio
(Ci~ Attorney Tran,~rnitta! ~ 0/1~/00. Contract)
MOTION .by Bishop/Hill
'1 would move to authorize the Mayor to execute the Employment Agreement betwesn the
City of Sebastian and Sally A. Maio."
ROLL CALL:
Mayor Barnes - aye
Mr, Bishop - aye
Mr. Barczyk - absent
Mr. Majcher - aye
Mr. Hill - aye
MOTION CARRIED 4-0
17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:30 p.m.
Approved at the
,20'00 Regular City Council Meeting.
Walter Barnes
Mayor
Sally A. Maio
City Clerk
10
City of Sebast_iant Florida
Subject: Airport Lease Amendment /
A & B Leasing Ent., Inc.
DePartment Origin:
Date Submitted: 11-02-00
For Agenda of: 11-08-00
Exhibits: Airport Lease Amendment/A & B Leasing, Ent., Inc.
EXPENDITURE AMOUNT BUD GERED:
APPROPRIATION
llEQUIKED:
SUMMARY
The attached proposed Airport Lease Amendment between the City of Sebastian and A &B Leasing
Ent., Inc., amends that certain lease between the parties dated October 31, 2000 that superseded the
1996 lease between the Landlord and Golden Horn Aviation, Inc. The proposed amendment
removes a portion of the access easement from the leased premises, releases the remainder of said
land from the encumbrance of'the easement and adjusts the rental amount accordingly.
RECOMMENDED ACTION
Move to authorize the City Manager to execute the proposed Airport Lease Amendment between the
City of Sebastian and A & B Leasing, Ent., inc., amending that certain lease between the parties
dated October 31, 2000 that superseded the 1996 lease between the Landlord and Golden Horn
Aviation, Inc.
AIRPORT LEASE
THIS AMENDMENT, made and entered into this __ day of November, 2000, by
and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws
of the State of Florida, (hereinat~er referred to as the "Landlord"), and A & B Leasing
Ent., Inc., a Florida corporation, 0aereinat~er referred to as the "Tenant"), amends that
certain lease between the parties dated October 31, 2000 that superseded the 1996 lease
between Landlord and Golden Horn Aviation, Inc., (hereinafter called the "Lease") and
provides as follows:
WITNESSETIt:
WHEREAS, the Landlord is the owner of certain property located in the County
of Indian River County, Florida; and
WI-IEREAS, the certain property is being used for the operation of the Sebastian
Municipal Airport (hereinat~er referred to as the "Airport"); and
WHEREAS, the certain property held under a leasehold by Tenant pursuant to the
terms of the Lease for use for those activities consistent with or in support of aviation
activity; and
WFIEREAS, the parties agree to remove a portion of the access easement from the
Leased Premises, 'release the remainder of said land from the encumbrance of the
easement, and adjust the rental amount accordingly; and
WHEREAS, the parties desire to amend the lease to reflect these changes;
NOW, THEREFORE, in consideration of the mutual benefits of the continued
leasehold relationship and as hereinafter provided, the receipt and sufficiency of which are
hereby acknowledged, the parties have agreed as follows:
1. That-the Leased Premises as set forth in paragraph 2 and Exhibit "A" of the
Lease is hereby amended to exclude the following described property therefrom:
Commencing at the Point of Beginning for the Access Easement as described
in Exhibit "A" of the Lease; thence North 89° 50' 46" East 425 feet to a point
which lies 75 feet west of the centerline of an existing airport taxiway; thence
North 0° 9' 14" West 35 feet parallel to the centerline of said taxiway; thence
South 89° 50' 46" West 425 feet; thence South 0° 9' 14" East 35 feet to the
Point of Beginning.
2. That the remainder of.the Leased Premises is hereby released from the
encumbrance of the Access Easement as set forth in paragraph 2 and Exhibit "A" of the
Lease.
3. That the rental amount set forth in paragraph 4 of the Lease, which has
heretofore been charged upon 174,240 square feet, shall reduced by the 14,875 square
'feet described in paragraph 2 hereof., and henceforth rent under the Lease shall only be
charged upon the area of 159,365 square feet.
4. The remaining terms of the Lease shall continue in effect.
iN WITNESS WI:rEREOF, the parties hereto have set thek hands and seals the
day and year first above written.
ATTEST:
CITY OF SEBASTIAN
Sally A. Maio, CMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
By:
Terrence R. Moore, City Manager
A & B LEASING ENT., INC.
Rich Stringer, City Attorney
By: Bonnie Swing
Its President
[Corporate Seal].
City of Sebastian
I225 Main Street
Scbastian~ Florida S2958
Telephone (~I) 589-$$$0
FAX (56I) 589-5570
Subject: Request for Rental of Community Center
prov for Submi . ,Y: City Manager
Exhibit~.' Application
Expenditure Required:
Agenda No.
· Department Origin: City Clerk
Date Submitted: 11/1/00
For Agenda of: 11/08/00
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMI~NT
-An applicatlon.has been received from Dorothy Holzknecht for rental of the Community Center on December
9, 2000, from 5:00 P.M. to 10:00 P.M. for a birthday party,
She is also requesting permission to serve alcohol at the event.
RECOMMENDED ACTI@N
Consider the request and act accordingly.
· . CITY, OF SEBASTIAN
~.~L // RENTAL PERMIT APPLICATION
· I[ -/-oc~ ........
'.,...DARE:' ~/'~/" ~ ~;-,'-~-~'coMMUu'~-'cE~ER- ' "~.-" YACm CLUB ......................
, ~ .... ~ No.~ / ~treet __ ,. CEy
ANTICIPATED 'NUMBER OF PERSONS A~NDING E~NT: ~--' ~
REQUESTED DA~: /~-~' ~ TIME: From: ~ To: // '.
Office Use FEE
,,.Only
PLEASE ANSWER YES OR NO:
1. ARE KITCHEN FACILITIES REQUIRED?
2. ARE 'YOU A RESIDENT OF SEBASTIAN?
3.
4.
5.
WILL DECORATIONS BE .PUT UP?
Will THERE BE AN ADMISSION OR DOOR CHARGE?
WILl_ ALCOHOLIC BEVERAGES BE SERVED?
(a) If answer to ~5 is Yes, Permittee's proof of Age:
(b) if alcohol is to be sewed, permi~ion, is required by City Council. Your request will be
presented to council on:__..?/~///o ~'
Make checks payable to City of Sebastian (A service fee of 5% or $10.00, whichever is greater may be
charged for a dishonored check per City Resolution No; R-96-41)
SECURITY DEPOSIT -. .......
RENT ...........................
7% TAX ................ '. ..........
OFFICE USE ONLY
DAT~E ,pAID RECEIPT NO. INITIALS
$250.00 //,d//.//~ ~ ~/'~ ~-,~ ,-
//
ALCOHOL BEVERAGE REQUEST ~--~ APPROVED
Police Department Agreement Verified (if applicable)
Key Pickup Date: Key Returned Date:
SECURITY DEPOSIT RETURNED BY CITY CHECK #
COMMENTS:
[] DISAPPROVED
Date
FOR $ ON:
City of Sebastian
Subject:, Construction Board
'Ap~r Submitt~
Agenda No.
Department Origin: City Clerk ~,~
Date Submitted: 10/30/2000
For Agenda of:
Exhibits: One application, board member list, advertisement
Expenditure Required: I Amount Budgeted:
I
11/8/2000
Appropriation Required:
SUMMARY STATEMENT
The Construction Board has three openings due to term expirations, a member being removed, and ae
alternate member accepting a regular position. This has been advertised as required and one application
was received.
RECOMMENDED ACTION
Interview applicant, FrankA. Garland, Jr. unless waived, and appoint to the Plumbing'Contractor position.
1. Plumbing Contractor position of Michael Herbig
2. Concerned Citizen position of Leonard Galbraith
3. Alternate COntractor.position of R. Scott Taylor
Term to expire 9/30/2003
Term to expire 9/30/2002
Term to expire 9/30/2001
The remaining two positions will be readvertised.
RECEIVED
CITY OF SEBASTIAN·
OFFICE OF CITY CLERK',
(All City Board and Committee Members Must be R~dents ofth~ City of Sebastian)
~ CO~S~U~ BO~
P~G ~ ZO~O CO--SION
PO~ ~ BO~ OF ~~S
~ ~ORY
O~R ~O~Y CO~
LIST ANY ADDITIONAL QU~. ~CATIONS TO SERVB ON BOARD OR COlvllvI1TTt~:
I'haw~ b~m prowidmi with, r~ad and understand City of Se. basfian Cc~t~ of ~ $~-iions 2-166 through
~ idmtificati~.
~? ~-_. MY COMmiSSiON ~ CC/48491 EXPIRES
\,.vl~form'mpp [icnt.:wpd
rm'. 4t5/99
NUlvfBER OF BOARD TERMS AND ~ FOKEACH R~DiVIDUAL ~ AS OF 10/1/2000 AND
WN.L BE REVISED .AT TIIE BEGINNING OF EACH MONTH
CONSTRUCTION BOARD
3 YEAK TEP, MS
MEETS 2ND TUESDAY EACH MONIIt- 7:001LM,
MICHAEL HOLDRIDGE
734 ATLA_WTUS TERRACE
SEBASIIAN, FL 32958
589-0834. Work
589-4202 - i-Ica~:
ELECTRICAL CONTRACTOR
APPOINTED P,E~ ~ TO
REPLA CE .C/~/3BEP,.GEI~ 10/25/95
TERM EXPIRES: 9/30/98
REAPPO~ ELECTRICAL
CONTRA~O~ '10/14/g8
TERM TO EXPI~: 9/30/2001
( 2ND ~IILL TEKlvl . 5TH REGULA~ MEMBER YEAR)
L~ONAi~ G~,T.nRAITI-I
BIIN'//DIE~
BB8-'3,407 Ilon~
APPOINTED T~-CONC~ crr/Z~' 374
ILI3CULAll TERM
VACATED DY
TERM TO EXP~: 9/3012002
(-1ST FULL TE-P.M - IST REGIS'AR I~2qvlB/~I~:NEAR)
MICHAEL HER~IG
1519 CLEARBP, DOK ST.
SEBAS 'IIAN, FL 3295
388-0852. H~m:
559.3435. C~II'
· 377-1522- Page
APPTED ALT. CONCERNED CITIZEN
YA. CATED BY TRUMAN SlvlI/~: 5/25/94.
UNEXPIRED TERM TO EXI~]P,.E: 9/30/95
APPTED REG'CONC .EkNED CITIZEN
UNEXPIRED TERM VACATED BY
ICEITH MILLF._.~ 10/11/95
TERM TO EXP/RE: 9/30/97
APPTD. TO ;PLUM~ING CONTRACTOR
P,.~GUL.M~ ~EK: 9/25/97
TEP, lvl TO EXPIP, E: 9/30/2000
(ALTERNAT]~ TERMS AND 'YEARS NOT COUNTED)
(1ST FULL TEPdvl - 6II-I P,~GULAR. M~lVlBF_X YEAR.)
ANDREW ALLOCCO
1485 B '.kRBEK STREET
SEBASTIAN, FLORIDA 32958
388-3188
APPDINT]~ B]ZGLILAi~ MBlvIBEE
UNE~IRED ENGINEER POSITION OF
JOHN HEAP, NE: 2/24/1999
TEP, M TO EXPIRE: 9/30/2000
REAPPOINTED EIqGINEER POSITION: 10/11/00
TERM TO EXPIP~: 9/30/2003
(NO FOLL TERI~- 2ND RBGt3LAK MEMBEK YEAK)
88
lvlERP_DrrH FOX
11301 ROSELAND RD.
SEBASTIAN, FL 32958
388-5706 -
913-3747 - Coil
APPOINTED REGULAR MEMBER
CONTRACTOR POSITION VACATED
BY W/LLIAM DOYLE: 6/23/99.
UNEXPIRED TERM TO EXPIRE: 9/30/2000
1LEAP?OINTED REGULAR IVIEMBER
CONTRACTOR POSITION: 9/13/2000
TERM TO EXPIRE: 9/302003
(NO FULL TERM - 2ND KEOUL4/]~A,IBEK YEAR)
LOUIS 'iV. NICOLINI
1162 CROQUET LANE
SEBASTIAN, FL. 32958
388-5764
(1ST FULL TERM. 2ND I~OULA~ lvlElvlBER YEAK)
APPOINTED HARV CONTRACTOR
POSITION: 10/14/98
TERM TO EXPIRE: 9/302001
PIERRE PAQUETTE
39 TREASU1LE .CIRCLE
SEBASITAN, .FL 31958
589-6976
APPOINTED UNEXPIRED ALTERNAT~
CONCERNED CITIZEN TERM
'VACATED BY H. sMrrI-I: 12/11/96 ·
TERM TO EXPIRE:
1LEAPPO/NTF~ ALTERNATE CONCERNED
CITIZEN: 10/14/98
TERM TO -EXPIRE: 9/30/2001
(ALTERNATE TERMS AND YEARS NOT COUNTED)
P,. SCOTT TAYLOR
117 ARCADiA DRIVE
SEBASTIAN, FL 32958
58'9-0123 - HOME
APPOINTED ALTERNATE CONTRACTOR
POSITION VACATED BY HE_~RNE: 10/14/98
TERM TO EXP~: 9/30/2001
APPOINTED REGULAR MEbIBER
CONTRACTOR POSITION OF THOMAS
CECRLE: 9/13/2000
TERM TO EXPI1R.E: 9/30/2003
(ALTERNATE TERMS AND YF_ARS NOT COUNTED)
(1ST FULL TERM - 1ST tLEGULAR MF2vlBER YEAR) '
BOARD SECRETAKY - KATMy NAPPI
89
HOMT. '0]r .:PF.J.I~N' .L~LAN'D
:L2.?.5 Hain st:met, Sebastian; Fioricl~ 32D5'8
Telephone (56:/.) 589-5330 - Fax (562) 589-5570
W~slm:,www. c:l~-.~dan.c~rg- Em~,il: clty@cltyof~e,~-tlan.arg
OCTOBF.2. 16, 2000
PRESS
coNSTA~CTION BOAKD
II-lIE CITY OF SEBASTIAN:'IS SF_,EK~G APPLICANTS TO FILL THE FOLLOWIAIG
POSITIONS ON THE CONSTRUCTION BOAKD.
PL~TG COi~CTO]R
coNCE~D CrrlZEi'¢
ALTERNATE CONTP, ACTOR
QUALIYICA~ON$,: RESIDENT OF THE CrrY OF SEBASTIAN AND LICENSED OR
REGISTERED WITH THE CITY.
II-liS BOARD MEETS THE SECOND TUESDAY OF EACH MONTH AT 7:00. P.M. iN THE
COUNCIL CHAMBERS.
APPLICATiONS ARE AVAILABLE'iN THE CITY'CLERK'S OFFICE, cITy HALL, 1225
MAIN STREET, SEBASTIAN, 'BETWEEN TIlE HOLTRS OF 8:00 A.M. AND 4:30 P;M. AND
WILL BE ACCEPTEDTHROUGH FRIDAY, OCTOBER 27, 2000.
.~I::)M~. Of f'~LICAN I:~.AND
Airport Lease/Kcath E. Houston
Department Origin:
Date Submitted: 11-02-00
For Agenda. of: 11-08-00
Exhibits: Airport Lease/Keath E. Houston
EXPENDITURE AM OUNT BUDGETED:
REQUIRED:
SUMMARY
APPROPRIATION
REQUIRED:
The attached proposed Airport Lease between the City of Sebastian and Keath E. Houston is for
certain property located at the Sebastian Municipal Airport to be used for aviation and industrial use
for those activities consistent with or in support of aviation activity.
RECOMMENDED ACTION
Move to authorize the City Manager to execute the proposed Airport Lease between the City of
Sebastian and Keath E, Houston for certain property located at the Sebastian Municipal Airport to be
used for aviation and industrial use for those activities consistent with or in support of aviation
activity.
AIRPORT LEASE
THIS LEASE, made and entered into this __ day of November, 2000, by and between
the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of
Florida, (hereinafter referred to as the "Landlord"), and KEATH E. HOUSTON (hereinafter
referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred
to herein as the "parties".
WITNESSETH:
WI-IEKEAS, the Landlord is the owner of certain property located in the CoUnty of
Indian River, Florida; and
WI-IE~AS, the certain property constitutes a portion of the Sebastian Municipal
Ah'pon (hereinafter referred to as the "Airport"); and
WHEREAS, the Certain property is available for aviation and industrial use for those
activities consistent with or in support of aviation activity; and
WI-IE~AS, the Landlord'has agreed to lease such property to the Tenant subject to
certain terms and conditions; and
Wt-IEKEAS, the Tenant desires to lease the said property from the Landlord, and to
that end and in consideration Of the premises, and the covenants, terms and conditions to be
performed as set forth hereinafter;
NOW, THEREFORE, in consideration of the mutual covenants hereinatier provided,
the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as
follows:
1. RECITALS. The above stated recitals are hereby incorporated by reference in this
Lease Agreement.
2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter,
the Landlord leases hereby to the Tenant and the Tenant rems hereby from the Landlord that
portion of the real property of the Landlord which is described more particularly as a tract with
an area of 0.97 acres, more or. less, as described in the legal description attached hereto as
Exahibit "A".
3. TERM OF LEASE. The initial term of this Lease shall be for a period of thirty
(30) years commencing November 15, 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 follows:
(a) For the leased premises the yearly rent shall be nine cents ($.09) per square foot for
the leased area of 42,500, for a total annual rent initially of three thousand eight hundred
twenty-five dollars ($3825.00).
The parties recognize that the purchasing power of the United States dollar is
evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of
Consumer Prices. In November of 2005, the Landlord will compare the most recent price
index with the base price index for October 2000, and the yearly rent amount shall be increased
based upon changes in the price index, if appropriate, on December 1, 2005. Another such
adjustment shall be undertaken under the same methodology every fifth year therea~er until the
termination or lapse of this lease.
Lq no event, however, shall the rent decrease below the square foot price of nine cents.
Co) The above rental for the leased premises shall be payable in advance, in quarterly
installments, commencing from the first day of the month after Tenant obtains a building
permit for the initial hangar to be constructed at the site, or the third month following
execution hereof; whichever occurs first, and on a like day of every quarter thereafter during
the term of this Lease.
(c) DISPENSING FUEL. As additional rem, 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 of paying rent, shall be itemized and shall be accompanied by a copy of 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 rdating to fuel sales
upon seventy-two hours written notice.
(d) In addition to the rental mount, the Tenant shall pay Florida sales tax, if
applicable.
(e) 'Time of the essence. The Tenant agrees promptly to perform, comply with and
abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In
the event that any rental payment due hereunder shall not be paid within five days of when due,
Tenant shall pay Landlord a late payment fee of 5% of the mount of such late Kental
Payment. This charge shall be Considered additional rent and not interest.
5. RENEWAL. During the twenty-sixth year of the term, unless waived in writing
by Tenant, Landlord shall commission a certified real estate appraiser to place a valuation on
the Leased Premises, including all improvements thereupon except those constructed by
Tenant after the first twenty years of the term of this lease, and establish a rental value for the
same. Within sixty days after delivery to Tenant of the appraisal, Tenant may exercise either of
the following three options:
A. A~ccept the.rent valuation therein and offer in writing to enter a
nonassignable, nonrenewable lease extension agreemem for up to
thirty additional years in accordance with the terms herein except
applying the new base rental amount;
B. Give notice of its intent to commission a second appraisal by a certified
real estate appraiser.
1.If said appraisal results in a rental valuation within ten percent
(10%) of the initial appraisal, the figures shall be averaged.
2. If a disparity of greater than ten percent (10%) results, the
respective appraisers shall confer and attempt to negotiate a
compromise valuation.
3. If no compromise results, said appraisers shall jointly submit the
name of a qualified appraiser to the parties who shall then jointly
commission an appraisal therefrom. Said appraisal value will be
used as the relevant figure if it falls between the values of the
first two appraisals. If the value thereof falls outside the
range of the first two appraisals, the relevant value shall be
derived from averaging the three appraisals.
Within thirty days of establishment of a rental value as set forth above,
Tenant may exercise either option contained in subparagraphs A and C'
hereof.
C. Give notice of its intent to allow the lease to expire at the end of the
thirty year tenn.
If Landlord does not accept an offer to emer into a renewed lease, the lease shall expire
at the end of the thirty year term, but the rent for the final three years of the lease shall be
waived as additional consideration to Tenant for relinquishing ownership of all site
improvements thereafter.
6. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the
Tenant is leasing the premises for the primary purposes of a constructing a private hangar, with
potential rental of hangar space, and that in order to utilize the leased premises for this
purpose, it will be necessary to construct improvements upon the leased premises.
(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 construct upon the leased premises
any buildings or other structures, provided any such buildings 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, airport site
development standards, regulations and requirements as well as in accordance with all
requirements of the Federal Aviation Administration ("FAA").
(b) The Tenant shall indemnify, 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, structures and fixtures of every kind now or hereatSer erected or
placed on the leased premises shall, at the end of the term or earlier termination of this Lease,
for any reason, be and become the property of the Landlord and shall be left in good condition
and repair, ordinary wear and damage by the elements excepted. In order to confm~ 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 title 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 of any kind.
A fixture shall be defined as an article which was a chattel, but which, by being
physically annexed or affixed to the realty by the Tenant and incapable of being removed
without structural or functional damage to the realty, becomes a part and parcel of it.
Non-fixture personalty owned by the Tenant at the 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 default of any covenant or
condition of this Lease, otherwise all such property shall remain on the leased premises until
the damages suffered by the 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 PKEMISES. The Tenant agrees that no use of the leased
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 leased premises, the Tenant will observe and comply with all
applicable laws, ordinances, orders and regulations prescribed by lawful authorities having
jurisdiction over the leased premises. The Tenant agrees that the leased premises shall be used
by the Tenant primarily for the purposes of constructing a private hangar, with potential rental
of hangar space. Any use of the leased premises other than those specifically stated above are
expressly prohibited without the express written consent of the Landlord. Such consent may
be withheld by the Landlord for any reason. All aeronautical businesses and activities must be
certified and licensed by the FAA in the appropriate categories of their specific operation and
shall be in compliance with local field rules.
$. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain
or repair the leased premises or any improvements located thereon or any part thereof during
the lease term or any renewal thereof
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 not be
unreasonably wit~eld, the Tenant, at its sole cost and expense, may erect such additional
improvements 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 inderrmifs,, defend 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. UTILITIES. 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 right 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
restrictions 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 the appropriate governmental authorities), together with
all ad valorem taxes assessment or other 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 in 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 of not less than $200,000.00 for injury or death of any one person
and $500,000.00 for injury or death for any one accident, together with $200,000.00 for
damage to property. Tenant agrees that, should there be an expansion of the use or occupancy
beyond the primary use set 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 Moodyts and Standard and Poors. 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.
13. PKOPERTY, FIRE AND EXTENDED COVERAGE INSLTRANCE. The Tenant
shall, at its sole cost and expense, procure and keep in effect such standard policies of property
casualty, fire and extended coverage equivalent to at a minimum the greater of the assessed
value of the improvements to the Leased Premises or any outstanding encumbrances for said
improvements. Upon request, the Tenant shall provide to the Landlord prove as to 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 improvements on the leased
premises insured nor shall the Landlord have any obligation to insure any personal 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 insurance compardes authorized to
engage.in business in the State of Florida and which have a rating of at least A+ by A.M. Best
and Company and at least an AA rating by both Moody's and Standard and Poors. All policies
described in this Paragraph 13 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.
In the event that the Tenant's use and occupancy of the premises causes any increase in
the premium for any property casualty or fire insurance maintained by Landlord on the Leased
Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said
increase within thirty days of notice of the same.
14. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIKE OR OTI-I~R
CASUALTY. In the event the building and/or other improvements erected on the premises are
destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will
cause said building and/or other improvements to be replaced or said damage to be repaired 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 any 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 replaced building and other
improvements are repaired/replaced in a manner equal to or better than the
building/improvement being repaired or replaced.
(a) I/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 less than all the improvements are destroyed; 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, al[er
payment of any outstanding mortgages attached to and occasioned by
construction of said improvements, such proceeds to be the sole property oft he
Landlord; or
(2) To cancel the Lease; if the Landlord elects to cancel the Lease, the Landlord
shall be entitled, after payment of any outstanding mortgages attached to and
occasioned by construction of said improvements, to any insurance proceeds
paid as a result of such damage and/or destruction to the building and other
improvements on the leased premises.
(b) In the eYent 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. INDE~ICATION. The Tenant agrees hereby to defend, indemnify and save
the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation
arising out of or connected with the Tenant's occupancy or use of the leased premises and the
use of the leased premises by tenant's agents, employees, and invitees, including all attorney's
fees incurred by the Landlord in defending any such claims. This Paragraph 15 shall survive
the termination or cancellation of the Lease.
16. ENVIRO~NT~ 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 indirectly from, out of or by reason of any hazardous or toxic
materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes
being located on the property and being caused by the Tenant or 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 presence. 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 of this Lease, by reason of any zoning law, ordinance or
regulation of any authority having jurisdiction over the leased premises and such prohibition
shall continue for a period in excess of ninety (90) consecutive days, the Tenant may
terminate tiffs Lease by giving Landlord fifteen days notice in writing.
18. EMINENT DOMAIN. If all or any part of the leased premises shall be taken
under a power of eminent domain by another governmental agency, the compensation or
proceeds awarded for the taking of the land, building and/or improvements on the leased
premises shall belong to the Landlord, subject to payment of any mortgage attached to and
occasioned by construction of said improvements. If the taking is to such an extent that it is
impracticable for the Tenant to continue the operation of its business on the leased premises,
the Lease, at the option of the Landlord, may be terminated.
Nothing herein shall prevent the Landlord and/or the Tenant fi-om seeking any and all
damages sustained fi-om the condemning authority by reason of the exercise of the power of
eminent domain.
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 resuks 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 the 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, either party, at its sole discretion, may terminate this Lease.
20. 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 general public. Nothing in this Lease shall act to
prohibit the Landlord from charging such fees as it deems necessary or desirous.
21. DEFAULT liXl 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 maturity of the rent installments
for the balance of the term. This option shall be exercised by an instrument
10
in writing signed by the Landlord, or its agents, and transmitted to the
Tenant notifying lahn of the intention of the Landlord to declare all
matured rent installments presently due and payable.
(2) Partial acceleration. In lieu of the option in Sub-paragraph (1) above,
the Landlord may, in like manner, declare as presently due and payable the
unpaid 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 unaffected by said notice.
(3) Other remedies. In addition to the option herein granted above, the
Landlord may exercise any and all other options available to it hereunder or
under law, which options may be exercised concurrently or separately with
the exercise of the above options.
22. DEFAULT BY TENANT. As used in this Lease, the term, "event of default",
shall mean any of the following:
(a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by
the Lease, other than the payment of rent;
Co) The appointment of a receiver or the entry of an order declaring 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 required by this Lease, other than
the payment of rent;
(d) The taking of the leasehold interest of the Tenant hereunder pursuant to an
execution on a judgment;
(e) The Tenants abandonment of any substantial portion of the leased premises.
"Abandoment" shall be reasonably determined by the Landlord;
(f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for
bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state
banlcmptcy or insolvency law, or admit that it cannot meet its financial obligations as they
11
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 creditors or shall make an assignment for the benefit of creditors;
(h) The Tenant shall do or permit to be done any act which results in a lien 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 Records of Indian River County.
Each party covenants and 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 property covered by this Lease, and that no third person shall ever be entitled to
any lien, directly or indirectly, 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 furnishing materials or labor to said Tenant, or to its agents or servants, as well
as all persons whomsoever, shall be bound 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
confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the
Landlord's estate under the provisions 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 j, above, or the payment of rent.
Upon the happening of any "event of default", the Landlord may, at its option,
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 perform any
condition imposed herein upon the Tenant other than the payment of rent, the Landlord shall
12
give written notice of such event of default to the Tenant, which therea~er shall have thirty
(30) days from the date notice is sent by the Landlord within which to remedy or correct such
default.
23. IDENTITY OF INTEKEST. The execution of this Lease or the performance of
any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of
creating 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 shall be and remain only
that of landlord and tenant.
24. NOTICES AND REPORTS. Any notice, report, statement, approval, consent
designation, demand or request to be given and any option or election to be exercised by a
party under the provisions of this 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:
Tenant:
City of Sebastian
Attn: City Manager
1225 Main Street
Sebastian, FL 32958
Keath E. Houston
1026 Flamevine Lane
Unit 301
Vero Beach, FL 32963
provided, however, that either party may designate a different representative or address from
time to time by giving to the other party notice in writing of the change. Rental payments to
the Landlord shall be made by the Tenant at the Finance Department of City Hall unless
another address is designated.
25. RIGHT TO INSPECT. The Landlord may enter the leased premises upon
reasonable notice:
(a) To inspect or protect the leased premises or any improvement to a property
location thereon;
Co) To determine whether the Tenant is complying with the applicable laws, orders or
regulations of any lawful authority having jurisdiction over the leased premises or any business
conducted therein; or
'~ 13
(c) To exhibit the leased premises to any prospective purchaser or tenant during the
final sixty (60) days of 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 in the
Landlord adverse to the interest of the Tenant hereunder.
26. OWNERSI-Ill~ OF TRADE FIXTURES, SIGNS A_ND PERSONAL PROPERTY.
At the expiration of the Lease, any and all trade fmures, signs and personal property, used by
the Tenant in the operation of its business, on the leased premises shall remain the Tenant's
sole property and the Tenant shall have the right to remove the same provided any damages in
removal are repaired by the Tenant at Tenant's sole cost. However, any such property
remaining on the Leased Premises more than f:ffieen days after said expiration shall be deemed
the property of Landlord
In case of breach of this Lease by the Tenant, or the termination of the Lease, or any
extension hereunder, that may be granted, the Tenant agrees to immediately surrender
possession of said facilities, and all the buildings, edifices, etc. that are constructed by or on
behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the
Landlord.
27. Iq~IGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itselfi its
successors and assigns, to restrict the height of structures, objects of natural growth and other
obstructions on the leased premises to such a height so as to comply with all Federal Aviation
Regulations, State laws and local ordinances, rules and regulations now existing and
hereinafter promulgated.
The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of
the leased premises which would interfere with or adversely affect the operation or
maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants
and acknowledges that the use of the leased premises as proposed by the Tenant does not
interfere with or adversely affect the operation or maintenance of the Airport or otherwise
constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for
the use and benefit of the public, a right of flight for the passage of aircraft in the airspace
14
above the surface of the leased premises, together with the right to cause in such airspace
such noise as may be inherent in the operation of aircraft, now known or hereafter used, for
navigation or flight in the airspace, and for use of said airspace for landing on, taking off from,
or operating on the Airport.
28. NONDISCRIMINATION. The Tenant for itself, its personal representatives,
successors in imerest and assigns, as part of the consideration hereof, does hereby covenant
and agree as a covenant running with the land that (i) no person on the grounds of religion,
gender, marital status, race, color or national origin shall be excluded from participation in,
denied the benefits of, or be othenvise subject to discrimination in the use of the Tenant's
facilities; (ii) that in the construction of any improvements on, over or under the leased
premises and the furnishing of services thereon, no person on the grounds of religion, gender,
marital status, race, color or national origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the
premises in compliance with all other requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964.
In the event of the breach of any of the above non-discrimination covenants, the
Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall
immediately commence curative action. 'Such action by the Tenant shall be diligemly pursued
to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to
cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter
and repossess said land and improvements thereon.
29. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or
sublet the leased premises or any portion thereof, or otherwise transfer any right or interest
hereunder without the prior written consent of the Landlord, which consent may not be
unreasonably withheld. If the Landlord consents, in writing, to the assignment, subletting or
other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to
the particular instance specified in the written consent and the Tenant shall not be relieved of
any duty, obligation or liability under the provisions of its Lease.
15
30. BINDI2NG EFFECT. 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. It is acknowledged
that the validity of said lease is subject to its approval by the Federal Aviation Administration.
31. APPLICABLE LAW/VENUE. In the event of litigation arising out of this
writing, 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 l~ederal law. TI-IE PARTIES HERETO SPECIFICALLY WAIVE THE RIGHT
TO TRIAL BY JURY IN ANY SUCH LEGAL PROCEEDING.
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 and costs, both at
trial and all appellate levels, based upon the prevailing rates of private attorneys in the venue.
33. RECORDING. In no event shall the Lease or a copy thereof be recorded in the
Public Records of Indian River County, Florida.
34. MISCELLANEOUS. The Landlord shall have the option, without waiving or
impairing any of ks rights hereunder, to pay any sum or perform any act required of the
Tenant, and the mount of and the value thereof, together with interest thereon, shall be
secured by this Lease, and shall be promptly due and payable to the Landlord.
Ail delinquent payments to the Landlord shall bear interest at the rate of 18% per year
from date the payments are due to the date of payment. Said interest shall be calculated on a
daily basis and shall be due and payable when billed.
In the event of the Tenant's breach of any 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 the 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 of the Tenant's default, all such revenues, income, rents,
earnings and profits derived or accruing from the leased premises from the date of such
16
termination by the Landlord shall constitute the property of the Landlord, and the same is
hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not
constitute any asset of the Tenant or any trustee or receiver appointed for the Tenanfs
property. The provisions of this paragraph shall be effective without the Landlord's re-entry
upon the leased premises or repossession thereof, and without any judicial determination that
the Tenant's interest under said lease has been terminated.
The Tenant acknowledges that the Landlord is required by law to operate under an
Airport Master Plan and the Tenant covenants that he will use the leased premises consistent
with the Airport Master Plan.
35. ENT]~E AGREEMENT. This Lease contains all of the understandings by and
between the parties hereto relative to the leasing of the premises herein described, and all prior
or contemporaneous agreements relative thereto have been merged herein or are voided by this
instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole
or in part only by an instrument in writing signed by each of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
ATTEST:
CITY OF SEBASTIAN
A Municipal Corporation
Sally AMaio, CMC
City Clerk
By:
Terrence R. Moore, City Manager
App~roved as to Form and Legality for
Reliance by the City of Sebastian only:
Tenant:
Rich Stringer, City Attorney
Keath E. Houston
17
LEGAL DEscRIPTION
ODMMENCINO AT THE HOST ~ESTERL~ CORNER OF SECT1DN .~9~ TOV/NSHIP 31
SOUTH, RANGE 38 EAST, IN THE FLEMING GRANT ACCISRI)ING TO PLAT.S MADE',
BY S.~B. CARTER, FILED AND OF RECORD iN THE OFFICES OF THE CLE, RKS DF THE.
CIRCUIT CDURT DF ~REVARI~, ST. LUCIE AND INOIAN RIVER COUNTIES, FLORIDA
AN9 9E$CRI14E]) AS, FDLL'DV/St
C'DMMENCE AT SAID V/ESTERLY, CORNER, OF" SA~J) SECTION 29 AN]) RUN 'SOUTH
44'21'28' EAST, B18.B1 FEET ALONG THE SOUTHVEST BOUNDARY OF SECTION 29
'TO THE CENTERLINE OF RDSELAN]~ ROA'Oj'THENCE NORTH 04'48'59' V/EST, 514.65
· FEET DN SAID CENTERLINE) THENCE· NORTH .B9;50'46' EAST, 644.46 FEET; THENCE'
SOUTH 00°09'14, 'EAST, 1~5.00 FEET TO THE .POINT OF' BEGINNING~ THENCE '
~CONTINUE SOUTH 00'0g'1~I' EAST, 100.00 FEETj THENCE NORTH B~'50'46' EAST,
.4E5,00 FEET TD A POINT V/HICH LIES 75,00 FEET ~VEST OF THE. CENTERLINE 'OF AN
EXISTING .AIRPORT TAXI~/A¥~ THENCE NORTH 00°09'14, V/EST lO0.O0 FEET PARALLEL
TO SAID TAXI~/AY CENTERLINEj THENCE SOUTH 89°§0'46' V/EST, 425.00 FEET TO
THE POINT DF ~EGINNING,
CONTAINING 0.97 ACRE,S, MoRE DR LESS.
City of Sebastian, Florida
Subject: 5% Late Payment Fee waiver and
decrease of interest on unpaid lease payments
Agenda No. dS~)- 2~)~
Department Origin: Finance ~
Date Submitted: October 30, 2000
For Agenda of: November 8, 2000
Exhibits:
Copy of Default Calculation on 1997 Lease for Parking area of Airport.
Copy of Lease Agreement pages 5-6 and page 31 indicating the late payment fee and the penalty
interest rate.
EXPENDrruRE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: N/A N/A REQLrlXED: N/A
S~Y
On'March 5, 1997, the City and Skyclive Sebastian of South Florida, Inc. entered into a lease
agreement for 2.462 acres to be used as a parking lot for $2,500 per acre or $6,155 per year. This
lease was in addition to the lease dated August 14, 1996.
The City has been contacted by a representative of Skydive Sebastian in connection with the
impending sale of the business and questioned this lease and the fact no payments had been made
on it. Subsequent to this notification, the Finance department and the City Attorney reviewed
this lease to insure it was not an addendum to the original lease. The Finance department
prepared au analysis of the mount due with a waiver of the late payment fee of 5% per month on
the rent payment due along with a reduction on the interest of one-third from 18% to 12% per
month cumulatively for a total mount due of $26,836.90.
Both the late payment fee waiver and decrease in interest rate are being recommended due to a
combination of both the City and the owner not following through on the rent payments which
were both our responsibility.
Subsequent to the sale of the business, monthly collections will be made on this lease as they are
on the other leases at the Airport.
RECOMMENDED ACTION
Move to waive 5% late payment fee and reduce the interest rate from 18% to 12% on all past due
lease payments through October 30, 2000 for Skydive Sebastian of South Florida, Inc. lease
dated March 5, 1997.
City of Sebastian
Default Calculation on Skydive Sebastian-Lease dated 1997
As of 10/27/00
Amount Due - 6,155/year
Per Month 512.92
Penalty' 5%
Interea Rate 12%
Amount
5/6197 974.55
6/6/97 512.92
7/6/97 512.92
8/6/97 512.92
9/6/97 512.92
10/6/97 512.92
11/6/97 512.92
12/6/97 512.92
1/6/98 512.92
2/6/98 512.92
3/6/98 512.92
4/6/98 512.92
5/6/98 512.92
6/6/98 512.92
7/6/98 512.92
8/6/98 512.92
9/6/98 512.92
10/6/98 512.92
11/6/98 512.92
12/6/98 512.92
1/6/99 512.92
2/6/99 512.92
3/6/99 512.92
4/6/99 512.92
5/6/99 512.92
6/6/99 512.92
7/6/99 512.92
8/6/99 512.92
9/6/99 512.92
10/6/99 '512.92
· 11/6/99 512.92
12/6/99 512.92
1/6/00 512.92
2/6/00 512.92
3/6/00 512.92
4/6/00 512.92
5/6/00 512.92
6/6/00 512.92
7/6/00 512.92
8/6/00 512.92
9/6/00 512.92
10/6/00 512.92
TOTALS 22,004.2~7_,
of Lease Paymem per month (WAIVED)
Per year including Penalty (Down from 18% per lease)
PenalW
0.00
Cumulative
Amount
Plus
P~nalW
974.55
1,487.47
2,000.39
2,513.31
3,026.23
3,539.15
4,052.07
4,564.99
5,077.91
5,590.83
6,103.75
6.616.67
7 129.59
7 642.51
8 155.43
8 668.35
9 181.27
9 694.19
10 207.11
l0 720.03
11 232.95
11,745.87
12,258.79
12,771.71
13,284.63
13,797.55
14,310.47
14,823.39
15,336.31
15,849.23
16,362.15
16,875.07
17,387.99
17,900.91
18,413.83
18,926.75
19,439.67
19,952.59
20,465.5 l
20,978.43
21,491.35
22,004.27
Cumulative
~tere~t Interes~
9.93 9.93
15.16 25.09
19.73 44.82
25.62 70.44
30.84 101.28
34.91 136.19
41.30 177.49
45.02 222.51
51.75 274.26
56.98 331.24
56.19 387.43
67.44 454.87
70.32 525.19
77.89 603.08
80.44 683.52
88.35 771.87
93.57 865.44
95.61 961.05
104.03 1,065.08
105.73 1,170.81
114.48 1,285.29
119.71 1,405.00
112.85 1,517.85
130.17 1,648.02
131.03 1,779.05
140.62 1,919.67
141.14 2,060.81
151.08 2,211.89
156.30 2,368.19
156.32 2,524.51
166.76 2,691.27
166.44 2,857.71
177.21 3,034.92
182.44 3,217.36
175.56 3,392.92
192.90 3,585.82
191.73 3,777.55
203.35 3,980.90
201.85 4,182.75
213.81 4,396.56
219.04 4,615.60
217.03 4,832.63
0.00 4,832.63
Cumulative
Amount
Due
984.48
1,512.56
2,045.21
2,583.75
3,127.51
3,675.34
4,229.56
4,787.50
5,352.17
5,922.07
6,491.18
%071.54 .
7,654.78
8,245.59
8,838.95
9,440.22
10,046.71
10,655,24
11,272.19
11,890.84
12,518.24
13,150.87
13,776.64
14,419.73
15,063.68
15,717.22
16,371.28
17,035.28
17,704.50
18,373.74
19,053.42
19,732.78
20,422.91
21.118.27
21 806.75
22 512.57
23 217.22
23 933.49
24 648.26
25 974.99
26,106.95
26,836.90
Summary:
Waiving penalty per payment and and charging cummulative interest @ 10% per year on payment
enalty, the total mount due is $26,836.90.
publication of said Index be discontinued by said. Bureau of Labor
and Statistics, the such other Index as may be published by such
Bureau most nearly approaching s-aid discontinued Index shall be
used in making the adjustments herein provided for. Should said
Bureau discontinue the publication of any Index herein
contemplated, then such Index as may be published by another
United States Governmental Agency as'most nearly approximates the
Index herein first above referred to shall govern and be submitted
as the Index to be used, subject to the application of an
appropriate conversion factor to be furnished by the government
agent publishing the adopted Index. If such governmental agency
will not furnish such conversion factor, then the parties shall
agree upon a conversion factor or a new Index; and, in the event
agreement cannot be reached as to such conversion factor or such
new Index, the parties hereto agree to submit the matter to
arbitrators, in accordance with the rules of the American
Arbitration Association and judgment or decree upon the award
rendered by the arbitrators may be rendered in any court having
jurisdiction thereof. In no event, however, shall the Minimum
Annual Rent decrease below the sum of Twenty Five Hundred Dollars.
($2,500.00) per acre.
In the event that any Rental Payment due hereunder shall not
be paid five (5) days. or more when due, in addition to, and not
in substitution for, any other rights Landlord may have, Tenant
shall pay Landlord a late payment fee of 5% of the amount of such
late Rental Payment. This charge is to be considered as additional
rent and' shall not be considered interest. If any part of the
rental payment or other payments due hereunder shall remain-due
and unpaid ten days after written demand by Landlord, the
Landlord shall have the options and privileges as follows:
(1) Total acce~arakion. To accelerate the
maturity of the rent installments for the balance of the term.
This option shall be exercised by an instrument in writing signed
by the Landlord, or its agents, and'transmitted to the Tenant
notifying him of the intention of the Landlord to declare, the
balance of the entire unpaid rent for the entire term of the Lease
to be accelerated, and to be immediately due and payable.
(2) ~artial accelera%iDn. In lieu of the option in
S~b-paragraph (1) above, the Landlord may, in like manner, declare
'as presently due and payable the unpaid rent installments for such
a period of years as may be fixed, in the Landlord's said notice to
the Tenant. The'exercise of this option shall not be construed as
a splitting of a cause of action, nor shall it alter or affect the
obligations of the Tenant to pay rent under the terms of this
Lease for the period unaffected by said notice.
(3) Ot~ r$~edies. In addition to the option
herein granted above, the Landlord may exercise any and all. other
options available to it hereunder, which options may be exercised
concurrently or separately with the exercise of the above options.
(4) ~ax. All payments made by Tenant under this
by this Lease, and shall be promptly due and payable to the
Landlord. Landlord shall have no liability whatsoever for any loss
or damage resulting in any way or manner from such action.
Ail delinquent payments to the Landlord shall bear interest at
the rate of 18% per year from date the payments are due to the date
of payment. Said interest shall be calculated on a daily basis and
shall be due and payable when billed.
In the event of the Tenant's breach of any 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 the 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 of the Tenant's default, all such
~evenues,.income, rents,' earnings and profits.~derived or accruing
from the leased premises from the date of such termination by the
Landlord shall constitute the property of the Landlord, and the
same is hereby declared to be a trust fund for the exclusive
benefit of the Landlord and shall not constitute.any asset of the
Tenant or
property.
any trustee .or receiver appointed for the Tenant's
The provisions of this paragraph shall be effective
31
City of Sebastian, Florida
Subject: Contract and Purchase of
remaining City of Sebastian Signs
Apj~rovej for Submi~ by:
Agenda No. ~. ~)~"~-.--
Department Origin: Public Works
Originator: ~' /, //f
Finance: _ (
Procurement:~
Date Sub~fled: 11/01/00
Exhibits: Written Quotation
EXPENDITURE
REQUIRED: $13,400 &
$5,800
For Agenda of: 11/08/00
AMOUNT BUDGETED:
$20,000 & $70,000.
APPROPRIATION
REQUIRED: $ 0
SUMMARY
Curt. Oxford has submitted a proposal for the remaining City of Sebastian entrance
signs, and plaques as requested by the City Managers office, items one and two on this
proposal are budgeted under signs in the Capital Improvement budget. These signs will
be manufactured by Curt Oxford and picked up and installed by City personnel as
before. The locations for these signs will be Schumann and Barber Street, Barber and
US #1, and Roseland Road. Also included in this proposal is a new City Hall sign.
The City Hall sign would be paid for out of the City Hall Renovation budget (available
balance $70,000).
The estimated cost of installation by the Public Worlcs Department is $6,600 which
includes materials and labor.
RECOMMENDATION
Move to approve the contract with Curt Oxford Woodcarver, Inc. in the mount of
$19,200 for the manufacturer of new signs and plaques for the City of Sebastian and
authorize initial payment.
,~:45 PM -~DRT OXFOR~ WOO~ARV£R I 5~1 5B~ 0~4~ P.02
PROPOSAl
· We ~reby submit spm:lfications and e~timites far:
,: CU;R.T O~FOta..D
'~FOO;DCRR¥'~;R. I~C.
034 HIGH STREET
SEBASTIAN, Fl. 32958 ·
(!561) 589-004.0
PHON£.
J0t NAM~
STREET~
,CITY,
i0ATI[:
;.)
:..,,
rTM ~~ ~ ~'.~, ~ ~..~ ,.,,,.-,,~.
and condlti~ns are he~iibf accepted, 'Yc)u are authorized ta do the wor~. as specllled, Paymem will be. m~de
· $1gmrrure
City of Sebastian, Florida
Subject: Rotary Club of Sebastian, Inc.,
joint Project Agreement
Terr'efice R. Moo~e '
Department Origin:
Date Submitted:
Exhibits: joint Project Agreement between the City of Sebastian and the Rotary Club of Sebastian,
Inc.
EXPENDITURE I AMOUNT BUDGETED: I AppRoPRiATiON
REQUIRED: REQUIRED: -0-
SUMMARY
Recently, the Rotary Club of Sebastian, Inc., approached the City with the idea of sponsoring a
public service project, to build and maintain a boardwalk extending from the Sebastian Riverwalk,
across land along the fiver from of the Indian River Lagoon, lying slightly north of the Main Street
Pier. The proposed Agreement between the City of Sebastian and the Kotary Club of Sebastia_n, Inc.,
sets forth the obligation and privileges inherent of said sponsorship.
RECOMMENDED ACTION
Move to authorize the City Manager to execute the Joint Project Agreement between the City of
Sebastian and the Rotary Club of Sebastian, Inc., for the sponsorship ora cooperative public service
project, to build and maintain a boardwalk extending from the Sebastian Riverwalk across land along
the riverfront of the Indian River Lagoon, lying slightly north of the Main Street Pier.
JOI~T PROJECT AGREEMENT
This agreement entered into this __ day of November, 2000, between the CITY
OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and THE
ROTARY CLUB OF SEBASTIAN, INC., (hereinafter called "ROTARY"), provides that
WltE~AS, CITY owns certain land along the riverfront of the Indian-River
Lagoon lying 'slightly north of the Main Street Pier (hereinafter called the "PROPERTY"),
as more particularly set forth in Exhibit "A"; and
WltEREAS, ROTARY approached CITY with the idea of a cooperative public
service project to build and maintain a boardwalk extending from the Sebastian Riverwalk
across the PROPERTY and into the Lagoon (hereinafter called the "PROJECT"); and
WltEREAS, the CITY has obtained the necessary permits to construct the
PROJECT, and
WREREAS, ROTARY and CITY desire that ROTARY have the stares of a
"sponsor" &the PROJECT, and the parties hereby set forth the obligations and privileges
inherent in said sponsorship;
Tlt-EREFORE, ~ AND FOR CONSIDERATION of the mutual benefits and
promises provided herein, the sufficiency of which is hereby acknowledged by the part/es,
it is agreed:
1. CITY shall cause the PROJECT to be constructed upon the PROPERTY
in compliance with applicable permit approvals.
2. ROTARY shall provide volumeer labor in site preparation, as well as
woodwork and other enhancements to the PROJECT.'
. Agreement,
3. KOTAKY shall contribute a minimum of $5000 towards construction of
the PP, OJECT in cash and in-kind donations of labor.
4. Upon inspection and notification by the CITY, ROTAKY shall provide
maintenance and upkeep of the PKOPERTY and PROJECT, including replacement of
decking as needed.
5. KOTAKY shall have the right to sell commemorative nameplates up to 4"
by 4" in size to attach to the planks of the decking. One-third of the funds derived from
sa. id sales shall be held in a specific fund to be established by ROTARY for maintenance
purposes. It shall be a provision of said fund that upon termination or lapse of the
KOTAKY sponsorship, any funds in said accoum shall revert to the CITY to be dedicated
to continued maintenance of the PROJECT.
So long as ROTAKY maintains its sponsorship in accordance with this
the PP, OJECT shall be named "CITY OF SEBASTIAN KOTAKY
BOARDWALK", and the same shall be reflected in signage at the site. Further, during
public events in the vicinity of the PP, OPEKTY, such as parades or street parties,
P, OTAKY shall have the right to set up a booth or other base of operation at the
PROPEKTY, provided that any fund-raising thereupon shall inure to the benefit of the
above-mentioned fund.
7. The initial term of this Agreement shall be for ten years from the date
hereof, and thereai~er shall continue on an automatic annual renewal unless and until either
party gives notice at least sixty days prior to the end of a term of its intent to allow the.
A~'eement to lapse. Notwithstanding said term, either party may terminate this Agreement
after the initial five years by giving six months written notice to the other party.
8. Upon a finding by majority vote of the City Council that ROTARY has
continued to be in default in the performance of its obligations hereunder after thirty days
written notice of said default, the sponsorship hereunder shall be terminated.
9, ROTARY agrees to indemnify, defend and hold CITY harmless from any
and all claims of any nature brought by ROTARY' s members or agents in the course of
performing KOTARY's obligations under this Agreement, or from any claims by any
persons arising from the intentional wrongful acts of ROTARY's members or agents
whatsoever arising from the exercise of the privileges and obligations set forth hereunder.
10. CITY agrees to indenmify, defend and hold KOTAKY harmless from any
and all claims of any nature brought by CiTY's employees or agents in the course of
performing CITY's obligations under tiffs Agreement, or from any claims by any persons
arising from the intentional wrongful acts of CITY's employees or agents whatsoever
arising froTM the exercise of the privileges and obligations set forth hereunder.
AGREED to on the date first set forth above.
CITY OF SEBASTIAN,
a Florida municipal corporation
TIlE ROTARY CLUB OF SEBASTIAN
By:
Terrence R. Moore, City Manager
Attest:
Sally A. Maio, CMC
City Clerk
(seal)
By:
Its:
(Seal)
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Rich Stringer, City Attorney
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: COMPUTERIZED VOICE STRESS ANALYSIS INSTRUMENT
Agenda No. :
for Subm~l:/~
Department Origin :
Date Submitted :
Fo~ Agenda of :
Police
t0/31/2000
11/812000
Exhibits: Quote from NITV of $5,550 plus $269 maintenance contract &
Statement of Detective Joe Dillon, CVSA Operator
E. xpendltu~e Required: Amount Budgeted:
Appropriation Required:
$5,81g. $6,000. None
SUMMARY STATEMENT
Computerized Voice Stress Analysis (CVSA) units are today's truth verification devices and have
replaced the polygraph in most modem police' agencies. The police department's existing CVSA
instrument was obtained over 3 years ago, shortly before the new fully computerized systems
became available. Like much of today's technology, due to the rapid development and evolution this
unit is now considered antiquated. The manufacturer is no longer supporting this old design unit with
either parts or service, as they have now moved exclusively into the totally computer based CVSA
units. These newly designed units normally sell for'S8,213, with the trade-in of an old style CVSA
unit. Because our existing unit was sold to us just prior to the availability of the newer design, fully
computer based units, the manufacturer has offered us a special trade-in price of $5,550, plus $269
for a 3 year, full coverage, extended warranty, which is recommended, at a total cost of $5,819. This
exchange and upgrade was included and approved in this year's Detective Division budget at an
estimated cost of $6,000.
RECOMMENDED ACTION
Authorize the City Manager and Police Department trade-in the existing antiquated CVSA unit and
acquire a new upgraded, fullY automated model, with a 3 year extended warranty, at a total price of
$5,819.
10t31/2~00 12:~0 5~798Z~94 NITV P~C~ 02
1 ~AO0 Fornm~ Ciro~e
NAM~ IADDR£S$
?-- DESCRIFTION
TOTAL
Randy White
From:
Sent:
'to:
cc:
Subject:
Joe Dillon
Monday, October 30, 2000 1:09 PM
David Puscher, Randy White
Michelle Morris; Chanse Reardin; Debbie Huston
Certified Voice Stress Analysis instrument (CVSA)
This is to inform you that the CVSA instrument that is being used will no longer be available for parts, service, or.training
by the end of the year 200(3. The company has offered us a buy back option for a new up to date CVSA instrument. With
the trade in of our CVSA instrument the company will sell us a computer notebook with the CVSA program already
installed for the fee of $5500.00. The CVSA program will not be sold separately. Pumhasing this program will keep our
CVSA operators in with new technology. Make it more readily accessible for investigations that are unable to be
conducted at the Sebastian Police Department. And above all keep the technology and service available to assist and
conduct CVSA tests.
Approximately ,40 to 50 CVSA tests have been conducted under the year 2000. This number will increase with the
change over of employees, increase in crime and additional information wanting to be discovered during a cdminal
investigation. It is essential that this purchase be conducted as soon as possible.
ThankYou,
Detective Joe Dillon
Subject: Purchase of Public Works Vehicles
A roved/ or
City of. Sebastian, Florida
Agenda No.
Department Origin: Public Works
Originator:
Dept. Head:
Finance:
Procurement:
Date Submitted: 11/01/00
For Agenda of:
Exhibits: Written Quotations, copies of requisitions
EXPENDITURE AMOUNT BUDGETED:
REQUIRED: $ 66,010.10 $ 90,500.00
11/08/00
APPROPRIATION
REQUIRED: $ 0
SUMMARY
The Public Works' Department has 3-1/2 ton pickups and 2 compact pickups budgeted
in Fiscal 2000/2001. We are proposing to purchase 2-1/2 ton pickups, 2 compact
pickups and one Chevy Malibu. All are state contract prices and arty old unusable
pickups will be sent to auction. Ail of these vehicles are for the Roads and Drainage
Division of Public Works with the exception of the Malibu, which is for the Public
Works Director. The reason we are saving in excess of $24,000 from the budgeted
mount is because budget figures were based on the purchase of Ford Truclcs with a 3%
cost increase and the State contract award went to Chevrolet, which resulted in a
greater savings. The second factor is due to the fact that the Public Works Director is
requesting an automobile instead of a pick up track to allow for additional occupancy
for travel within or out of the City.
The following is a breakdown of vendors for these purchases.
Garber Chevrolet
Bill Heard Chevrolet
Kaiser Pontiac-Buick
Chevy Malibu
2 1/2 ton Pickups
2 compact Pickups
$14,816.
$30,379.
$20,818.90
RECO~NDATION
Move to approve the purchase of 2-1/2 ton pickups from Bill Heard for $30,379, 2
compae~ pickups from Kaiser Pontiac-Buick for $20,818.90, and one Chevy Malibu from
Garber Chevrolet for $14,816 as budgeted.
World's Largest Chevy Retailer
Dear T~rm Contract User,
To assist you in obtaining the vehicles that best perform to your
requirements, we are providing a comprmhen~ive list of options
available for each specification. Should you find that something you
require is not !isted~ feel free %o con%act us for a quota%ion.
Please specify your choice from ~be ~tandard paint and interior %rim
combinations listed on your purchasm order. If no%, the default color
& trim listed will 5e ordered.
Our State Contract awards for the 2001 model year include:
4-V8
1 0B-BFN~
10C-BFNG
1 1 C-BFNG
12
37-4
37A=4
38-EC
25-S mdan-BFNG
Silverado 1/2 ton pickup truck
Express 3/4 ton cargo van, Bi-P~el gasoline & CNG
Express ] ton cargo van, Bi-Fuel gasoline & CNG
Express 1/2 ton 8 passenger van
Express 3/4 ton 12 pass van, Bi-Fuel gasoline & CNG
'.Express 1 ton extmnded 15 pass van
Blazer 4 door, 4x2 mid sized utility
Mlazer 4 door, 4x4 mid sized utility
8-10 extended cab pickup truck
Cavalier sedan, Bi-Fuel gasoline & CNG
Our Florida Sheriff Association awards for the 2001 model year include:
Spec #04
Spec #O6 (4x~)
Spec #06 (4x4)
Spec #10
Spec #1 ]
Spec #14 (4x2)
Spec 914 (4x4)
Spec #15 (4x2)
Malibu'4 door mid-sized administrative vehicle
Blazer 4 door, 4x2 mid sized utility
Blazer 4 door, 4x~ mid sized utility
Venture 4 door, 7 passenger ~ini-van
Express 3/4 ton 1~ passenger van
$--10 compact pickup truck (4x2)
S-10 compact pickup truck (4x4)
Silverado 1/2 ton pickup truck (4x2)
If you have any questions regarding the information enclosed, or any
other product, please contact us. Our numbers are:
Dealership (813) 752-5123 or (800) 575-5123 (not in .813 or ~41)
Fleet Fax Direct (893) 6~9-9502
Fleet Manager C~llphone & Voice Nail (8~3) 220-8676
Thank ~~r allowing
Fleet Sales Man~er
'us to participate in your procurement process.
IlJJllJ IIIIIJllll III IIIIII II I! ,,,,,,, ,,,, ,,,,,,
Bill H~sr~ ~hevroJimt. Ina, - I=l~nt C:itv o 601 E. Ai,m~nndmr
20/'32/2000 12:42 8Z3-~9-9502 BILL HEARD FLEET FAX PASE 82
LL H
World's Largest Chev~v Retailer
aCLL U~ GBEVROL~, I~C, - _~ CI~ ~ FO~ERLY ~k gHE~OL~, INC. ANO CONTINUES T0 HO~R THE ~ATE CO~S ~AT
EXI~D PRIOR TO T~T NAME
~E V~IOL~ QU~Eb HERE ARE B~D ON A lg~ STATE ~O~A~ THAT ~B ~:E RO~ ~R AT ~ ~M~ PRZ:~, ~0 WZ~ P~IDE YOU
2001 ~DEL ~HICL~8 AT 199g MODEL &TATE ~
WHEN O~DEE[N6 VEHICLES FE~ ~N~S Q~TE~ P~ASE ~ REFERENCE ~ THE STATE ~ [NFO~TZON AT ~E ~P OF ~ZS PAGE.
ZF ~T YOU DESIRE ~ ~UR VEHICLE :S ~T LIS~D, :T'8 ONLY BE~E IT ~ BUST N~ BEEN REQUE~D' BEFORE.,
Jr YOU ~ TO TRADE A VEHICLE )N ~ Y~R PUE~E, ~ U8 FOR A ~OTE.
MUN[C:P~ LEASINg, ~AC LE~ AND ~VE~:O~ L~E PROG~ ARE AVA[~aL[ ON ~IS VEH2C~, AS WE~ ~ S'r~O~O
AR~G~S. ~T~ US ~ ~AT WE ~ TA:LOR A PR~ TO YOUR
ALL FAXED ORDERS NU~ BE FOLL~Eb UP H~ AN OR[G[NAL P.D, ~EED ~LDLY "~F]~T~ - ~ ~ ~~.
USE 813 ~ FOR ALL F~ED ORDERS. ~LL ~ ~NF[RM
PER ~E STA~ ~T~CT, TITLE APPL~ON ~O T~ TRANS~R ABE OUR RES~S2BZL~. WE ~QUIR[ A GD~ OF ~E
GOVER~E~-~ED VEH:C~S ~ NOT RE~ZRE PROOF OF ~NSU~NCE.
ALL ~-G~EE~E~ PUR~ASE~ NU~ SU~T PROOF OF ~CE N~ ~E[R ORD~ OR ~E T~TLE ~E ~NNQT BE P~E~.
NON'GOVER~[~ VEHICLES W[~ NOT BE TI%ED UNTIL FULL PA~E~ IS ~OE F~ THE VEHICLE.
[F YOU DESIRE TO O0 YOUR O~ TA~ & T~TLE ~RE, PLEBE ~TE SO P~INLY ~ Y~R PO, AND LZ~ ~AT ~U NEED U3
NON-~VER~E~ T[TLE ~EK E~P~SIBILI~ W[~ NOT )E REL:NQU:SHED BY ~ U~L )A~E~ [N FULL H~ BE~
~F YOU WISH ~R U~ ~ PURCH~E A N~ TAG ~ YOUR BEHALF~ THE CORRE~ ~OU~ FO~ ~T ~ST MU~ BE ADOED ~ A
IT~ ON ~UR ORD., ~O BE PROPERLY ID~TtF[ED.
~[TLE FO~S WILL e~ ~DE O~ TO THE PUR~ZNS ~T~ ~D W~ USE THE DEL[VERY ~DRESB ~ TH~ PO UNLESS ~HERW~SE
YOUR PO ~ST LI~ Y~R ~ALE8 T~ EXEH~[ON N~BER A~ YOUR FEbE~AL [DENT~FI~T~ON NU~ER.
PLEBE PR~IDE A DELIVERY ~A~ PERSON A~ PHONE ~BER ~ YOUR
B~LL CHEVROLET, INC'/BILL HEARD C~EVROLETj I.~C - PLAA~
STAT~. OF FLORIDA TERM CONTRACT - AUTOMOBILES AND LIGHT TRUCKS
~PECIF!CATIOSL 070-500-414 (4-¥~) 1/2 TON ~ICKUP TR,UCK 4x2, V8
OPTIONS M~NU AND PRIC~ LIST - 1999 C01FfRACT (DUAL ROLLOVER)
CONTACT BASE VEHICLE ............................... PAGE
C0~TRACT OPTIONS ....................... PAGE
ADDITIONAL FACTORY OPTIONS AVAZLABL~ ..: ........ ~ES 3 &
ADDITIONAL DEALER OPTIONS AVAILABLE ............ PAGZS 4 -
EMERGEECY VEHICLE EQUIPMENT 0~~ 1.11 ...... 1. PAGE 7
CONTP~SCT ~SEVEHICL~
2001 CHEVROLET SILVERADO C1500 PICEUP TRUCK. ~CC15703
BASE 1rEHICLE - DELIVERED TO CENTRAL DISTRICT ....... 14,965.00
~ONTRACT OPTICS
COD~ DESC~J3TIO~ COST
2D01 5 SPEED'MA~UAL OVE~RIVE TRANSMISSI0~ (MGS). -700.00
~/A ~¢r_~7 (5300).F_m~JWm
2002 HD TP~AILER TOWING EQUIP..- 5000 LBS .......... 220.00
INCLUDES: 5 LEAD'-~I'RING HARNESS, ED FLASHER,
CLAS~ !II RECEIVER, BALL MOUNT,
CLIP & 2" BALL.
2003 HD TRAILER TOWING EQUIP.- 7500 LBS .......... 950.00
INCLUDES: $.3L V8 (LM7), ~.73 AXLE RATIO
(GT4), HD FLASHER, 5 LEAD WIRING HARNESS,
CLASS IV RECEIVER, 10,000 LB CAPACITY
3001 LOCKImG DIFFERENTIAL .(GS0) ................. 250.00
5002 DELETE AIR CONDITIONING (NO C60) ............ -600.00
5003 ELECTRONIC SPEED CONTROL (K34) ............. 225.00
5004 RAiN SHIELDS (~22) ' . .................
5005 CLOTH SEATS (CTRIE) ......................... N/C
6001 DAYTIME RUNNIEG LIGHTS ..................... STD
7001 ON-OFF ROAD TREAD ON REAR TIRES (OORR) ...... 115.00
8001 SPECIAL PAINT - DOT YELLOW (9W3) ............
10 UNIT MINIMUM OBDEBP~UISED
8002 SPECIAL PAINT - JADE GREEN (JADE) ........... 1,450.00
10 UNIT MINIMUM ORDEi~ I~E~UIZED
8003 SPECIAL PAINT - DOT YELLOW/WHITE (TGLYW) .... 40~.00
10 UNIT MINIMUM ORDERBE~UIF_ED
LoN .....
8006 SP~dfAL COLOR - PEWTE~ ~,.~ALL~C (~lg) ....... N/C
9901 EXTENDED W'ARRAmTY - NON-EMERGENCY W~ZCLE .. 575.00
$ YR/75000 ~I, $0 DEDUCTIBLE
9902 EXTENDED WARRAmTY - mON-E~ERGENC¥ VEHICLZ .. 1,265.00
6 YR/100000 MI, $0 DEDUCTIBLE
BELL CHEVROLET - STATE CONTRACT - SPEC #~-V8 - PAGE 1 02' 7
10/31/2000 12:4.9 813-659-9502 Elkk ~ARD FLEET FAX PAGE 04
FAcTPR¥ STANDARD
CODE
39U
41U
47U
50U
74U
OO~ORS & TRIMS (SPECIFY ONE OF EACh)
. .
INDIGO BLUE METALLIC ........................... N/C
BLACK N~C
'~'~££i~ .......................... Z ~/c
FORES~ ......................
WHITE , N/C
v~c~o~ ..... ~so i ................ ........... ' i ........ ~ ...... i ....... ~/c
INTERIOR TRIMS .
TAN TAN INTERIOR ....................... N/C
~*~ IF i~OT SPECIFIED - WInT. BE WHITE W/. ~HITE IA"i"~IOR ~**
BELL CHEVROLET -
STATE-CONTRACT - SPEC
#4-V8 - PAGE 2 OF 7
1013112000 IS: 42 gZ~-6~g-g~D2 ~ZLL ~D ~kEi7 F~× P~ ~
ADDITIONAL ~ACTORTf OPTIONS AVAILABLE
CODE .D$SCRiPTION
LM7 5,3 LITER V8 ENGINE - 270 HP
LB~ 4.3 LITER V6 ENGINE - 200 HP ................
D~TES V$ EA'GINE iN ~S~ STATE
VB3 CHRO~ REAR BUMPER UPGRADE' . ................. 1 00,00
GT4 3.73: 1 REAR AXLE RATIO ...................... N/C
C49 REAR WINDOW DEPOGGER ......... 1 7~. 00
~o~ s~z~. ~=oe~ ~~ ............. ~. co
z~s ~m~ ~m~ susP~s~o~ ........................ :~. oo
vT~ F~O~ ~o~ ~oo~s ............................ .. ~.oo
z~: ~D ~~ s~c~n ~u~P~ ....... ____._ ~o.oo
FmRM RIDE SUSPenSION, P255/70R16 Tm~S.
UYP CA~PER & 5th ~EL WIRING PROVISIONS ........ 25,00
~U~S ~82 ~ ~~
RgD mx~RmOm APPEAR~CE PACKAGE'. ............ ,,.. 625.00
I~CLUD~S: BODY SIDE MOLDINGS W/ BRIG~ TRIM,
CHRO~ REAR B~PER, CHROM~ GRILLE, C~0~E WHEEL~.
RgE C~PETED FLOOR COVERING .W/ RUBBER MATS ...... 100.00
AU0 POWER DOOR .LOCKS ............................ 1 62.00
5B5 POWER WIDOWS ' .,, 60~ 00
~z~s ~' ~6~'i~ ............ ' .....
DF2 R~TRAOTABLE CAMPER-TYPE MIRRORS .............. 60.'00
A28 SLIDING ~AR WINDOW ......................... 125. O0
~/~ W/. C49 ~
E62 SPORTSIDE BODY TN LIEU OF FLEETSIDE ......... 89~,00
N/A W/. OPTIO~ 8005 LONG BED
9X5 CUSTOM CLOTE BUCKET SEATS ................... 450,00
~2 ~cc~ssoR~ POWE~ SO~nW- 2-30 ~MP CZRCUZ~S ~40.00
FOR I=ST~LATION OF DIGHTS OR OTHER
EQUIPMENT.. W;RED CONSTANT 0R THRU SWITCH.
INCLUDES DASH MOUNTED SWITCH, WmRmNG a HD ~LAY.
5YO OR 5G4 WIRZ~ PROVrS~ONS.
SY0 PROVISI0~S FOR BODY MOU~TED LAMP - 21 A~ ... 70.00
INCLUDES DASH ~OUNTED SWITCH & WIRING.
N/A W/. Z82 ~I~R PKG OR 5X70 OR ~G4 PROVISIONS.
5G4 PROVISIOmS FOR ROOF MOUNTED L~P - 2~ AMP ... 80.00
INCLUDES DASH MOU~TED SWITCH & WIRING.
N/A W/. 5~0 OR SX7 WIRING PBOVISI~S.
COST
700.00
-400.00
BELL CHEVROLET - STATE CONTRACT - SPEC #4-V8'- PAGE 3 05' 7
10/~1/2000 '12:42 8'13-659~9.':;02 ]3:ILL HEARD FLEET FA* F'A~E ~6
ADDZTIO~AL FACTORY OPTION, S AVAILABLE
CODE
5GA
8S3
7Y9
8BO
6C7
8A7
8V2
5Z4
9L3
(CONTINUED)
DESCR~pT~Q~ CQST
TIRE.UPGRADR TO P2~5/75R16 ALL-TERRAIN TREAD. 155.00
~/A W/.Z~2 TRLR PKG O~ Z85 SUSPENSION
FACTORY INSTALLED BACKUP ALARM - 97 dba ..... 89.00
~/A W/.ZB2 ~RAILERING
Roo~ co~so~ ~/ RE~N~ ~PS ............... ~5.00
~ ~0~ ~0~ ...............~0.00
~/A W/.L3$ V6ENGI~
JACK & TIRE TOOLS DELETE .................... -25.00
DELETE SPARE TIRE, WHEEL & CARRIER .......... -75.00
~/A W/, B62 mODY
· EPEE TX~E OELETE ..... , ................. -~S,00
1 SB
PF9
BG9
DL8
T96
SiLVERADO LS OPTION PACKAGE
INCLUDES OPTS 5003, 5005,
RgE, POWER WINDOWS, POWER MIRRORS.
~/.~ w/. om,, U'L$ RA~rO z)E~m'ra'
ALUMIN~ WHEELS .............................
~UI~S P~ 1SB
~u~E~ -~oo~ co~~ .................
~UI~S 2~G ; SB
H~ATED PO~R MIRRORS ............ ~ ...........
~UI~$ PXG ~SB, C49 D~O~E~
FOG LA~PS ...................................
~Ui~S PXG 7 SB
................. 3~560.00
6C7, UM6, AU0, RgD,
110.00
-7O.0O
42..00
'140.00
ADDZTONAL' nEA~L~
CODE
NDDS
SDDS
TINT
DEG
.SHIELD
AUXDO~
LSPOT
RSPOT
THEFT1
THEFT2
CRUISE
PDL
PSTRP
SVC~AN
PARTFiF
H!TCPU
BELL
OPTIONS AVAILABLE
D~SCRiPTION
NORTHERN DISTRICT DELIVERY SURCHARGE ........
SouT~E~ ~STaICT ~EL~VERM SURCH~a~E ........
DOOR E~GE GUARDS ..........
5" AUXILIARY DOME LAMP (DEALER)
LEFT DOOR MOUNTED SPOTLIGHT (DEALER) ........
RIGHT DOOR MOUNTED SPOTLIGET (DEALER) .......
PASSIVE WORK!EG ANTI-THEFT SYSTEM
~RUNS W/Q KSY - BUT CA~M~OT B~ DRiVeN)
COMPLETE WORKING VEHICLE PROTECTION
{A$ABOV~ PLUS RARA'~D PSOTECTJON) ..........
DEALER iNSTALLE~ CRUISE CONTROL
DEALER INSTALLED POWER DOOR LOCKS
PINSTRIPE, SPECIFY COLOR
SERVICE MANUALS, ONE SET
PARTS LIST, OE MICROFISCHE, ONE SET
RECEIVER HITCH
FOR PICKUP BODY APPLICATIONS
COST
40.00
40 00
100 00
25 00
125 00
59 00
290 00
290 00
125.00
195.00
295.00
300.00
35.00
150.00
50.00
165.00
CHEVR0~ET - STATE CONTRACT - SPEC #4-V8 - PAGE 4 OF 7
RSC :VER H TCH ..............................
BED I OVER RAIL ......................
TI~S6 STAKE POCKET TIEDOWNS (6) FOR BEDLNR1 ABOVe..
BUA BACKUP ALARM .................................
BOX1 DIAMOND PLATE TOO~ BOX ......................
DUAL LID, CENTER HINGED
BOX2 DIAMOND PLATE TOOL BOX
DUAL LID~ FRONT HINGE~ .....................
BOX3 DIAMOND PLATE TOOL BOX .......................
FULL SINGLE LID
TOPPER1 ALUMINUM CAB-HIGH TOPPER,' FACTORY COLOR
TOPPER2 ALU~INU~ CAB-HIGH TOPPER, FACTORY COLOR .....
INCLUDES FULL SIZE SWING-UP SIDE DOORS
TOPPER3 FIBERGLASS CAB-HIGH TOPPER, FACTORY COLOR
TOPPER4 FIBERGLASS CAB-HIGH TOPPER, FACTORY COLOR ...
INCLUDES FULL SIZE SWING-UP SIDE DOORS
C05~
255.00
200.00
200.00
4.: .00
65.00
55,00
350.00
370.00
360,00
545.00
895.00
995.00
BODY1
BODY2
KNBPR
MASTLK
KNPKPI
KNPKP2
KNPKP3
KNPKP4
KPKPLR
KNPLDR
TOMMY1
TOMMY2
TOMMYF
COMBO
6PINP
KNAPMEIDE SERVICE BODY (796J) ............... 2,795.00
INCLUDES MOUNTING, PAINTING & L!~TS
IN LIEU OF FACTORY LONG BED BODY
KNAPHEIDE SERVICE BODY (?96FJ)'. ............. 3,09~.00
FLIP-TOP COMPARTMENTS ON BOTH SIDES
INCLUDES MOUNTING, PAINTING & LIGHTS
IN LIEU OF FACTORY LONG BED BODY
TREADPLATE STEEL BUMPER._______ __ _____... 175.00
EzoED SERVIOE O ,'PAINTED'TO'NA C
E U RED ITH u LESS LIF ATE O DE EO
MASTER LOCKING SYSTEM FOR SERVICE BODIES .... 295.00
KNAPHEIDE K~AP KAP HD UTILITY TOPPER ........ 2,295.00
25" HIGH, ALL STEEL, WITH VERTICAL REAR DOOR
REPLACES PICKUP TAILGATe, PAINTED TO MATCH
KNAPHEIDE E_NAP I{AP ~D UTILITY TOPPER .. ....... 2,~9~.00
25" HIGH, ALL STEEL, WITH HORIZONTAL REAR DOOR
KEEPS PICKUP TAILGATE, PAINTED TO MATCH
KNAPHEIDE ¥,NAP F, AP HD UTILITY TOPPER ........ 2,495.00
33" HIGH, ALL STEEl,, WITH VERTICAL REAR DOOR
REPLACES PICKUP TAILGATE, PAINTED TO MATCH
ENAPHE!DE KNAP RAP HD UTILITY TOPPER ......... ~395.00
25" HIGH, ALL STEEL, WITH HORIZONTAL REAR DOOR
LADDER RACK FOR KNAP KAP BODIES ............. 395.00
LADDER I~3kCK FOR PICKUP OR SERVICE BODIES .... 49~.00
T01~MY GATE, 1000 LB CAPACITY ................ 1,995.00
FOR PICKUP'APPLICATIONS, 58x27 PLATFORM
TOMMY GATE,'1000 LB CAPACITY ................ ~,95~.00
FOR SERVICE BODIES , 46x~? PLATFOt~M
FLIP-DUT, 11" WIDE EXTENSION FOR LIFTGATE ... 245.00
INCREASES PLATFORM FROM 27" TO 38"
COMBINATION PINTLE/BALL HITCH INSERT ........ 145.00
-INCLUDES ~" BALL & PINTLE HITCH
6 PI~ TRAILER PLUG .......................... 95.00
BELL CHEVROLET - STATE CONTRACT - SPEC #4-V8 - PAGE 5 0~' 7
Garber Country
One Cove' pa~ pll~ . ~
addil:i, nai
....... : ' .:."-III I .lilt--- .I- .
I Iff[ I . r I I I III Ii II
(ADDED 20 OCT
NOT~: This dma[l~ ~on ~ no~ ~pI~ ~ ~ ~
~~D USE
USED FOR O~ T~SPORTA~ON ~S,~ F~QU~ ~SPO~TA~ON OF ~ TO
FOUR ~DU~S.
~S~SS~ON; ~um 4 ~ ~i; ~ ova.
COHORT ~S: A~ o~i~; ~ ~s ~
~ do~ 10~ el~c ~ed c~l ~& ~e
~SSIS, ~, C~: ~~ 107.0 ~h ~~ 108.0 ~ ~~; ~~ f2.0
~ ~ ~ ~ m~ m~ ~ vol~ 16.0 ~bk f~
CO~~S: ~ ~1o~ ~~ ~ ~~mm ~ ~.
20.
30,
40.
50,
70.
$0.
90.
102
0"/O-2O0-3OO
W~ Disttio~
DF. AL~
DISCOUNT* MODEL PKICt~
0 ~ !
Northern Di~-ict ~ .~ !ND6.9. 14,?} 4,0~q~)
CI~V~OLE?
NOTE: ONLY TH~ ABOVE NAM]~D DEALER(S) IS/ARE AUTHORIZED TO SBLL THIS
COMMODITY UNDF, R THIS CONTRACt!
FACTORY ~ OFF DATE:
"~t for unit for whiole picket up by o~ierin~ ag~cy ~ contmct~'~ pl~ of busim~s~.
~l:~mximm~ ~livery ~imc ~qui..,'~ afl:ct ~ ~ ~
STATE I3SE ONLY
BASE VEIilCLE: HPA ~OE 23 LIFE CYCLE FUEL COST
OPTION: 070-200-3~1 - Optio~ MM-$iz~ Vehicle, Se&re, 4 Door, Sl~C. 26
OPTIONS:
5001 ~ shield~ ove~ docr,win/ows. Auto V~ Co. CODE: ~ PRtC~: ~
.or approved equivalent
2,-door ooupe/,eda~ Bid 2.6oor vemion ofba~
model which meets *he sara~ miv~um requirements.
6001 CODE: S3~ PRIC/h N/A
8001 COD~: N/A PRICE: ~
Ma~~'s Ex'end~ V~hi~l~ WarfareS,
Walramy shall b~ for a period of 6
miI~s whichever occurs ~ SEE SPECIFICATION
EVW 6/100.
9901
CODE: 9902
PRIClg: ~
"~TATE
CONTRACT
QUOTE
Phone#:
p?T[ONS
Pontia~-Buick~Gm¢, Inc.
1590 South Woodland Blvd,
'Deland, Florida 32723-2813'
904-734-6882
904-736..0219
From':
_Pages:.
· Date: ,
STATE: GVW~: ~P) 4200 LBS.,
4200
PAYLOAD: ~CP) I150 LBS., (MC) 1150
90. CONDITIONS: All enclosed Conditions and Requirements shall apply.
070-500-140
(38)
MA_ICE: (KP) GMC SONOMA,
fMC) CHEVROLET S-10
DEALER DISCOUNT* MODEL PRiCE
Western KAISER PONTIAC BUICK 50.00
District GMC TRUCK, INC.
(*)TS1060_3 10,469.45(A)
Northern
District
C~tral District
.KAISER PONTIAC BUICK
GMC TRUCK, INC.
KAISER PONTIAC BUICK
GMC TRUCK, INC.
30.~00 (*)T810603 10,409.45('B)
30,00 (*)T810603 10,409.45(C)
Southern
District
MAROONE CI-~VROLET
0 g)CS10603 10,321.00(D)
(*) TIllS VEHICLE IS EQUIPPED AS STANDARD WITIt AN O.E.M.
ALTERNATIVE FUEL ENGINE. THIS IS A FLEX FUEL ENGINE
'DESIGNED TO OPERATE ON UNLEADED GASOLINE OR ETHANOL
0985). PURCHASER MAY ELECT TO USE UNLEADED GASOLINE OR
ETHANOL ('E85) DURING THE LIFE OF THE VEHICLE.
NOTE: ONLY THE ABOVE NAMED DEALER(S) IS/ARE AUTHORIZED TO SELL THIS
COMMODI~ I/NDBR TlqIS CONTRACT!
SEE FACTORY CUT OFF DATE INFO~TION IN ORDBR]IWG iNSTRUCTIONS.
*Discount for unit for vehicle picked up by ordering agency at contractor's place of business.
Approximate delivery time required after receipt of order: 90-120 DAYS
STATE USE ONLY,
BASE VEHICLE:
OPTION 2001:
OPTION 1001:
OPTION 1001
& 2001:
EPA MILEAGE: 2_~2
EPA MILEAGE:25
EPA _MI!JEAGB: 18
EPA MILEAGE: 1--9
LIFE CYCLE FUEL COST $ 3,636.00,
LIFE CYCLE FUEL COST $ 3,200.00,
LIFE CYCLE FUEL COST $ 4,444.0Q,
LiFE CYCLE FUEL COST $ 4,210.00,
OPTION: 070-500441 - Option, Compact Pickup Track, 4x2, Spec. 38
OPTIONS: (KP) KAISER PONTIAC BUICK GMC TRUCK, DWC. (MC) MAROONE
CHEVROLET
http://fcn, state.fl.us/st_contracts/070001991/ptice36.htm
EMERGENCY PURCHASE
DATE REQUIRED: 1 1 - 9- 0 0
DATE SUEIMI'i-TED: 11 - 1 - 0 0
CITY OF SEBASTIAN
1225 Main Street
Sebastian, FL 32958
PURCHASE
REQUISITION
ROUTING
1. Department Public ~orks
2. Individual Requesting
4. Final Approval ·
5. Disapproved
(return to requestor)
For Finance Office Use Only.
Funds Available
Funds Not-Available
Budgeted
Not Budgeted
6. Wor~Job #
7. project iD #
8. Account# 130051
9. Purchase Order #
10. Stock Item
11. immediate Use
SUGGESTED VENDOR ....
NAME ]~% ! 1' ~eard
~hevrolet,
inc~
ADDRESS 601 E. Alexandar Street
CITY Plant City STATE 'FL
Phone: 813'752-5123 Pax 813-659-9502
606400
ZIP 33566
2.- 1/2 ton PiCk'ups as per state
contract _ Contract $ 070-500-140
White exteri'.or~
14,968.
220.
29,939.
440.
30,379,
WHITE - Purchasing Copy
CANARY - Finance Copy PINK - Requisltioner Copy
GOLDENROD - Approved Copy
EMERGENCY PURCHASE
DATE REQUIRED': 1 1 - 9- 0 0
.DATE SUBMITTED: .~ ]. ,,~_ OD-
1. Department
CITY OF. SEBASTIAN
1225 Main Street
Sebastian, FL 32958
PURCHASE
REQUiSITiON
Public Works
ROUTING
6. Work/Job #
For Finance Office Use Only
Funds Available · ·
Funds Not-Available
Budgeted
Not Budgeted... ·
7. Project ID #
8. Account# 130051 606400
9. Purchase Order #
10. Stock Item
11. Immediate Use
3. Department Head (approval)
4. Final Approval
5. Disapproved
(return to requester)
NAME
ADDRESS
CITY Deland
SUGGESTEDVENDOR
Kaiser Pontiac But.ok
1590 ~. ~oQ~land Blv~
STATE
'ZIP 32723'-2 E~;L9
2 compact GMO' Sonomas as per state.·
contract. Contract $ 070-500-140
Color White
2
10,409.45 20,818.9~
WHITE - Purchasing Copy CANARY - Finance Copy PINK - Requisltioner Copy GOLDENROD - Approved Copy
EMERGENCY PURCHASE
DATE REQUIRED: ~ 2 - 0 9- 00
DATE SUBMITr£D: 1 ~ -05 -(30
CITY OF SEBASTIAN
1225 Main Street
Sebastian, FL 32958
PURCHASE
REQUISITION
.......... ROUTING
1. Department ~uhli~ Works 6. Work/Job#
3. Department Head (approval)~/ /~.,,~~- ~ ,-~,x,-.~ .. 8. Account #
4. Final Approval
5. Disapproved
(return to requestor)
For Finance Office Use Onl)~
Funds Available
Funds Not-Available
Budgeted
Not Budgeted
1300'51 606400
9. Purchase Order #
10. 5'rock Item
11. Immediate Use
*SUGGESTED VENDOR
NAME C=~=~e.r C~evrolet
ADDRESS ~nn nr~.n~e:
CITY Green Cove S~rin'gS STATE
Phone:. (904) 264-9535 FAX: (904) 284-Q,,~4
ZIP 32.043
Oae Chevrolet 'Malibu as per state
contract ~hi~e ~ith ~rey interior
contract Number 070-200-300
14,B16.
WHITE- Pumhasing Copy
CANARY - Finance Copy PINK - RequiSitioner Copy
GOLDENROD - Approved Copy
City of Sebastian, Florida,
Subj eot: Resolution R-00-61 Amending Resolution
R-00-38 Authorizing Financing in the Aggregate
Amount not to Exceed $865,000 from the Florida
Municipal Loan Council to the Capital Trust
Agency.
Ap~ved f~-Submitta~ger
Date Submitted: October 25, 2000
For Agenda of: November 8, 2000
Resolution R-00-61 Amending Resolution R-00-38 Authorizing Financing in the Aggregate
Amount not to Exceed $865,000 from the Capital Trust Agency.
Resolution R-00-38 Authorization for the Negotiation of a Loan in the Aggregate Amount
not to Exceed $865,000 from the Florida Municipal Loan Council.
EXPENDITURE REQLrlt~D: AMOUNT BUDGETED: N/A APPROPRIATION KEQIJIRED:
N/A N/A
SUM3,IARY
On July 12, 2000, the City Council authorized the City Manager via Resolution R-00-38 to make
application to the Florida League of Cities Equipment F/nancing Program to purchase replacement
equipment, which is old, fa/ling, and maintenance intensive, in a shorter period of time than over a
period of five years with annual funding. The authorization was with the Florida Municipal Loan
CoUncil in an mount not to exceed $865,000 as shown in the attached resolution. As previously
stated, staff has appro'ached this program as a way to provide upfront financing for replacement
equipment and spreading the cost over the same useful life 'of the equipment.
The program ~ia the Florida Municipal Loan CoUncil has been extended twice due to the
complexity of the bond issue and has been extended for a third time for an indefinite period thus
making the availability of the funding uncertain. As a substitute, the Capital Trust Agency, which
is a Public Agency of the State of Florida, has agreed to provide the financing from its own loan
program. This was done to insure that those municipalities relying on this funding source had the
fund/ng in time for it to be useful.
We have been assured, and have checked through independent sources, that the interest rates and
associated costs are the same, if not lower, since the Capital Trust Agency is using the same type
of bond vehicle that the Florida Municipal Loan Council was putting together. Therefore, there is
no change in the original calculations as submitted.
Staff recommends approval of Resolution R-00-61 amending Resolution R-00-38 in favor of
securing the funding from Capital Trust Agency in an mount not to exceed $865,000. This will
provide the amounts necessary for the total funding for all equipment on the list. Please keep in
mind that the total amount does not have to be used and is intended solely for big ticket items.
RECOM~VIENDED ACTION
Move to approve Resolution R-O0-61.
RESOLUTION NO. R-00-61
A RESOLUTION OF ~ CITY OF SEBASTIAN, FLORIDA,
A.MlgNDING RESOLUTION R-00-38 OF TIlE CrlY IN
CONNECTION WITH TB~ FINANCING O17 TI:IF,
ACQUISITION, CONSTRUCTION AND ERECTION O17
CERTAIN CAPITAL PROJECTS; AUTHORIZING THE
NEGOTIATION OF LOAN IN AN AGGREGATE A_MOUNT NOT
TO EXCEED $865,000 FROM ~ CAPITAL TRUST AGENCY
(CAPITAL PROJECTS A.ND EQUIPIVIENT ACQUISITION
I~ROGRA3~; APPROVING ~ EXECUTION AND DELIVERY
OF A LOAN AGREEMENT WITH TlqE CAPITAL TRUST
AGENCY; AUTHOI~IFING THE EXECUTION AND DELIVERY
OF A PROMISSORY NOTE; APPROVING ~ EXE~ON
AND DELIVERY OF A DISCLOSURE AGKEEMY_,NT;
I~ROVIDING CERTAIN OTItER MA~ IN CONNECTION
WITH THE MA_KING OF SUCH LOAN; A_ND PROVIDING AN
F. FFECTrV'E DATE.
Wlq'EREAS, the City of Sebastian, Florida (the "City") has determined that a need exam to
borrow funds to fKumce or refinance the cost of the acquisition, construction and/or equipping of certain
qualifying projects (the "Project') set forth in Resolution R-00-38 (the "Original l~solution"); and
WI~REAS, the Origiml ResolUtion contemplated that the financing would be received from the
Florida Mm/cipal Loan Council ("FMLC"), however the City has been advised that such financing will
not be ava/hble by the time the City will need the proceeds o£ such financing; and
Wl:W. REAS, the Capital Trust Agency, a public agency of the State of Florida, has agreed to
provide fnmncing for the project fi-om its capital projects and equipment acquisition program (the "Loan
Program') upon mbstantially the same terms as the prOPosed loan from FMLC; and
Wl~.REAS, it is determined to be in the best interest of the Borrower to borrow funds from the
Capital Trust Agency program to finance the cost of the Project (the "Loan"),
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF Tn'F, CITY OF
SEBASTIAN, FLORIDA, as follows:
SEL-~ON 1. AtrrHoRrr~. This Resolution is adopted pursuant to Chapter 166, Florida
Statutes, and other applicable provisions of law.
SECTION2. SUB$~ LENDER. Resolution 1~.-00-38 is hereby amended to delete all
references to the Florida Mumcipal Loan Council for the refinancing and/or fiuanc~ng of the acquisition,
construction and erection .of the Project. h substitution therefore, the financing of the project by the
Capital Trust Agency from the proceeds of the CalSital projects and equipment acquisition program is
hereby approved. The provisions of the Original Resolution shall apply to such financing by the Capital'
Trust Ag~cy in the place of the Florida Municipal Loan Council in the Original Resolution.
SECTION 3. 1NEC;OT~TED LOAN. Due to the complicated nature of the financing and the
ability of the City to access additional markets and for the Borrower to receive the benefits of lower
interest rates and issuance costs, it is hereby fletermi~ed that it is in the best interest of the Borrower that
the Loan to the Borrower be made from the proceeds of the Loan Program, as opposed to the Borrower
borrowing funds'pursuant to a public sale.
' S~.CTION 4. AUTHORIZED OFHCERS. The City Manager and the City Clerk or any other
appropriate officers of the Borrower are hereby authorized and directed to execute and dehver a Loan
Agreement to evidence the Loan to be entered into by and between the Borrower and the Council,
together with a Promissory Note, each in sub~mtially the form attached to the Original Resolution and
with such changes, insertions md omissions as may be approved by the City Manager and attested to by
the City Clerk, the execution thereof being conclusive evidence of such approval.
SECTION-~. BOND PROGRAM. The BorrOwer hereby acknowledges and consents to Capital
Trust Agency Kevenue Bonds (Capital.Projects And Equipment Acquisition Program, Series 2000) (the
"Bonds") being issued pursuant to a Master Trust Indenture and a Supplemental Trust Indenture
(collectively, the "Indenture") to be executed by the Capital Trust ~.gency and a bank or trust company to
be selected by the Capital Trust Agency, as Trustee.
SECTION fi. OTHER INSTRUME~S. The City Manager, the Finance Director, the City Clerk
or any' other appropriate officers of the Borrower are. hereby authorized and directed to execute any and
all disclosure agreements, certifications or other instruments or documents required by this Resolution,
the' Loan Agreement, the Indenture or any other documents required by the Capital Trust Ag~acy or the
insurer of the Bonds as a prerequisite or precondition to mal~g the Loan (including but not limited to the
execution of all tax documents relating to the ~ exempt status of the Loan), and any such representations
and agreements made therein shall be deemed to be made on behalf of the .Borrower. All action taken to
date by'the officers .of the Borrower in furtherance of the issuance of the Bonds and the making of the
Loan is hereby approved, confn-med and ratified.
SECTION 7. ADDrr~ONAL INFORMATION. The Loan Agreement shall not be executed and
delivered unless and until the Borrower has received all information required by Section 218.385, Florida
Statutes,
· SECTIONS. I~EPEAL OF CONFLICTING PROVISIONS: SUP~PLEM~NT TO Olfl~I~AL
I~SOLUTION. All resolutions or portions of resolutions of the City heretofore adopted which may be in
conflict with the provisions hereof arc hereby repealed to the extent of any such inconsistency. Except to
'the extent expxessly provided herein, the Original Resolution shall remain in full force and effect and
shall apply to the Loan approved herein from the Capital Trust Agency.
SECTION 9.
adoption.
EFFECTIVE DATE. This l~esolution shall take effect immediately upon its
The foregoing Resolution Was moved for adoption by Council Member . Motion
was seconded by Council Member and, upon being put to a vote, the vote was
as follows:
'Mayor Walter Barnes
Vice-Mayor Ben A, Bishop
Councilmember ;Joe Barczyk
Councilmember ;lames Hill
Councilmember Edward ;r. Maj cher, :~r.
Thc Mayor thereupon declared this Resolution duly passed and adopted this
,2000.
day of
CITY O17 SEBASTIAN, FLORIDA
By:
Walter Barnes
Mayor
ATTEST:
By:
Sally A.. Maio, CMC City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian Only:
By:
Rich Stringer, City Attorney
EXPr.~IT A
PROJECTS
Dump Truoks (2)
Cvrad~r
Vao Truck
Baokho~ (2)
Sw~r
Lull
FOEM O1~ LOAN AGREEMENT
EX]tmIT C
FORM OF CO~G DISCLOSUP~ AGREEMENT
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ALrrI-IO]RTzIIVG
THE NEGOTIATION OF A LOAN ]lq AN AC~REGATE AMOUNT NOT TO
EXCEED $865,000 FROM TIlE FLOtLIDA MUNICIPAL LOAN COUNCIL
(CAPITAL PROYECTS AND BQUIPMER~ ACQUISITION PROGRAM');
APPR.OVING THE ACQUIS_rTION, CONSTRUCTION A2qD ERECTION OF
CEP. TAIN CAPITAL PROJECTS; APi~KOVING THE EXECUTION AND
DELrVEKY O1~ A LOAN AGREEMER~ WITH THE FLOR]DA MUNIC~
LOAN COUNC]Li AIYfHOKIZING THE EXECUTION AND DELIVERY OF A
NOTE; APPROVING THB EXE~ON AND DELIVERY OF A DISCLOS~
AGI~MWMENT; PROViDiNG CEKTA.IN OTlqBK MATTERS IN CONNECTION
WITH TI~ MAEING OF SUCH LOAN; AND PP, OV1DING AN EFFECTIVE
DATE. '·
WHE~; participating govmmmental units (the "Mambers") have created the Florida
Municipal Loan'Commil (the "Counci") pursmmZ to'a certain Interlocal Agre~nem md pursuant to
Chapter.. 163, Part I, Florida Sta~tes, for the purpose of issuing its bonds to make loans to
participating governmemtal ,m~s for qualified projects; and
· - WHERRA~, fl~ City of Seba~s'~, Florida'(fl~. '~Borrov~r"), 'a municipal corporation, is duly
ereat~t and exis6ng pursuant' to the Constitution and laws of the State of Florida (the "State"); and.
'WHEREAS,~ th~ Borrower finds and declines tha~ there is a substantial need for the finandng
or rafmancing of qu~ag projects pertained by Florida Statutes and the S~a~e Constitution; 'and
~4'6R.EAS, thg Borrower pOSSeSSeS the ability to fEmnce such projects on i~s own, bu~ has
d~e~v~ned tkat a pooled financ~g.program involving, a Hm~d number of local governmental units
which regularly undertake projects requiring si~oant deb~ financing within the state of Florida -
would provide for Iow cost financing or re6n,Bcing of such proj~s through economies of scale,'
adminiswa~ve suppom and access to expertise in accessing the capkal .mark~t.~; and
~AS, it is anticipated thaz the benefits cfa pooled financing by the Bo~ower with a
limited number of governmental units through, the Florida Mtmicipal Loan Council nmy be obtained
through promises to repay loans under the program and supported by a general covenant to budget
and appropriate for.such purpose, by a specific pledge of taxes or revenues Or by a general obligation;
and ..
WHEKEAS, by pooling the respective financial needs of these certain various local
governmental units, the Bon:ower will be able to access additional markets and expects to receive the
benefits of lower interest rates on more favorable terms associated with such a large scale financing,
with such benefits being obtained for and inu~g to the Borrower; and
WI-IEREAS. the Council is in the process of issuing its Florida Munidpal Loan Council
Revenue Bonds (Capital Projects and Equipment Acquisition Program), Series 2000 (the "Bonds")
and is seeking to make loans (the '~oans") to governmental units; and
WI-IEREAS, it is hereby determined that a need exists to borrow funds to ~"~,ce or refinance
the cost of the acquisition, construction and/or equipping of the qualhCying projects set forth on
Exhibit A attached hereto (the "Project"); and
WI-IEREA~, it is determined to be in the best interest of the Borrower to borrow funds from
the Council from the proceeds of the Bonds ,o finance the ·cost of the Project..
NOW TI-IF. REF0~, BE'. IT KESoLV~:D BY Ti-IE CITY' COUNC~'L OF THE CITY OF
SEBASTL4N, FLOKIDA, as follows:
SECTION 1, A~[~Q~. This Resolution is adopted p~suant to chapter 166, Florida
StatUtes, and other applicable provisions of law.
SECHON Z. PRO$CT.' The r~,~ncing and/or fmauCing of the acquisifi0~ constm~on
and erection of the Project is hereby approved. . . '.
SECTION 3. NEGOTiA~_,]) LOW. Due
the ability ortho Council to access'additional markets and for the Borrower to receive the benefits
of lower imerest rates.and issuance costs, it is hereby determlned'tha~ it is in the best interest of the
Borrower that the Loan to the Borrower be made from the proceeds of the Bonds, as Opposed to the
Borrower borrowing .funds pursuant to a-public sale. ..
SECTION 4. L.O2~ A~O~. The amount of the Loan of the Borrower evidenced by
the Loan Agreement shall not exceed $865,000. Such Loan ~h~!.be repayable according to the terms
and conditions set for~ in the Loau Agreement authorized pursuant to Section 5 hereof with such
changes, insertions and omissions as may be approved by the City Manager and attested, by the City
Clerk. The' redemption proViSions, if any, relating to .such Loan.shall-be as.provided in the Loan
SECTION ~. AIrrHORr/;EI)'OYI~I~. The City Manager and the City Clerk or any
other appropriate officers of the Borrower are hereby authorized and directed to execute and deliver
a Loan Agreement to evidence the Loa~ 'to be entered into by and between the Borrower and the
Council in substantially the .form attached hereto as Bxhibi~ B with such changes, insertions and
omissions as may be approved by the City Manager and attested by the City Clerk, the execu~on
thereof being conclusive evidence of such approval.
Further, the City Manager, the city Clerk or any other appropriate ofl~cers of the Borrower
are hereby authorized and directed to execute and deliver a Continuing Disclosure Agreemem
concer~ng compliance with existing or proposed rules of the Securities and Exchange Commission
2
eon. ceming cominuing disclosure by the Borrower, to be entered into by and beUveen the
Underwriter, the Borrower and the Council in substantially the form amched hereto as Exhibit C with
such chauges, insertions and omissions as may be approved by the City Manager and attested by the
City Clerk, the execution thereof being conclusive evidence of such approval.
SECTION 6. NO~-'~E. The City Manager, City Clerk, or any other appropriate officers of
the Borrowe~ is hereby authorized and directed to execute and deliver a Note from the Borrower to
the Council relating to the Loan, in substantially the form attached to the Loan Agreement as Exhibit
B with such changes, insertiom and omissions as may be approved by the City Manager and attested
by the City Clerk, the execution thereof being conclusive evidence of such approval.
SECTION 7. 12SI)ENTURI~. The Borrower hereby acknowledges'and coments to the
Bonds being issued pursuant to a Master Trust Indenture and a Supplemental Trust Indenture
(collectively, the "Indenture") to be executed by the Council and a bank or'trust company to be
selected by the Council, as Trustee.
'SECTION S. ~]~[I~R INSTKUIVI~NTS~ The City Manager, the F~,~,nce Director, the
City Clerk or any other appropriate officers of the Borrower are hereby authorized and directed to
execute atry and all certifications or other instruments or documents required by this Resolution, the
Loan Agreement, the Indenture or any other document required by the Council as a prerequisite or
precondition to making the Loan (including but not limited to the e~eeution of all tax doc,,ments
relating to the tax exemp~ status of the Loan), and anY-such representations md agreements made
therein shall be deemed to be made on behalf of the Borrower.. All action taken to date by the o~cers
of the Borrower in furtherance of the issuance ofthe Bonds and the making of the Loan is hereby
approVed, confirmed and ratified.
SECTION 9.. AJ)D1TION~I, ]~FO~~ON. The Loan Agreement sha~ not be
er, ecuted and delivered unless and un~ the Borrower has received all.haformation required by Section
218.3 85, Florida Statutes.,
:SECTION 1~. AI),,Dr~ONAL.~I1MS. Pu:~uant to subsequent resolution~ the'Borrower
may establish such additional terms as it may so. determine to be in the best interests of the Borrower.
SECTION 1t. ~FFEC~ DAT~. This Resolution shall take effect'mediately upon
its adoption.
The foregoing Resolution was moved~for adop~on by Council Member ~
Motion was seconded by Council Member _~,~ ~.]~_ and, upon being put to a vote, th~
vote was as follows:
Mayor Walter Barnes
Vice Mayor Ben A. Bishop
Counc~ Member Yoe Barczyk
Council Member ;[ames I-r__al
Council Member Edward J. Majcher,
j iv~yor thereupon dec2=ed this Resolution duly passed and adored this 7%~'~ day of
,2000, ·
'CITY OF SEBASTIAN, FLOKIDA
City Clerk
By:
Walter Bam~s
1Vmyor
ApproVed'as to Form md Legality for
Keli~ee by the CiW of Sebasti~ Only:'
4
EX~-~IT A
PROJECTS
Dump Tracks (2)
~ader
Vac Truck
Backhoe (2)
Sweeper
Lull
EXHmIT B
FOKIVI OF LOAN AGKEENIENT
FOKlVl OF CONT/NUiNG DISCLOSUR.E AGREEMENT
City of Sebastian, Florida
Taa crrY
AGENDA TRANSMITTAL
ng~n~ So. ~./5~_.
Subject: O-00-24; Parking ordinance
Date Submitted: 11/1/00
For Agenda of.' 11/8/00
EXPENDITURE KEQU]IUED: $0
AMOUNT BUDGETED: $0
APPROPRIATION KEOUIR~D: $0
SUMlVIARY:
At the time that Ordinance 0-00-22 was adopted on October 11, 200, staffwas directed to meet
with lawn maintenance company representatives and others rendering commercial services to
residential areas of the City to consider modifying Code Section 98-34. The modifications
discussed at said meeting are incorporated in this ordinance, as well as a clean-up matter
necessitated by adoption of the new Land Development Code.
RECOMMENDED ACTION:
At the discretion of Council, pass Ordinance 0-00-24 at first reading and schedule public hearing
for December 6, 2000.
AUTHOtIiZlr. D PLACEM31~NT ON AGENDA BY CITY MANAGE
ORDINANCE 510. 0-00-24
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, A1VIE~ING
CODE OF oRDINANCES CHAPTER 98 TRAFFIC AND VEHICLES;
iPROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WitlV~REAS, the City of Sebastian recently amended Chapter 98 of the City Code to better
regulate parking on the unpaved shoulder of the right-of-way; and
W~REAS, it has been determined that alterations are needed to address the needs of
commercial vehicles rendering services in the residential districts of the City and to clear up language
referring to repealed sections of the Land Development Code;
NOW, TI~'~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TKE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORH)A, as follows:
Section 1. That section 98-34 of the Code of Ordinances, City of Sebastian, Florida is hereby
amended to read as follows:
Sec. 98-34. Exception; Commercial vehicles rendering services to
residences.
Commercial vehicles utilized in rendering services to residences of the City,
such as lawn care trailers or mobile vendors shall be allowed to park on the
Shoulder, except along the north-bourd 1i~11~ of_Barber Street betwe,I1 ~,rdell
9lpb P~k and $chumarm Drive. so lorlg aa ~ch vehicle parked in thq right-of-
veay places at le~ ~llr~ Faffic cones along the sid~ of ~;lae vehicle facing the
ll'a¥~l lan~ 0ag0rn. Said cones shall llgve a minimum height of S-w0 fe~_ shall be
orange or such other m[or as ~pproved by the Cio Engineer. and one shall be
plag~l a rl~l~uro tea f~et frolll ~hl~ end of the vehicle that trojtic allproaches.
that, after January 1, 2001, it shall be a violation for such vehicles to park-on
ei~or the paved right of way-or ghoulder of the following-Civ streets:
1. Schumann Drive;
2. Barb er--gt-reet;
Fleming 4;freer;
4. Laoonia Street;
5. Main S~reet;
6. George S~reet;
7. Easy-~treet; and
8. Indian P6ver Dfivc,
Section 2. That section 98-36 of the Code of Ordinances, City of S ebastia~ Florida is hereby
amended to read as follows: '
Sec. 98-$6. Additional violations; Parking on street rights-of-way.
(a) For purposes of this section~ a vehicle shall be considered to be parked
if it is stopped other than for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
(b) No vehicle displaying a "for sale" sign may be parked on any street
right-of-way.
(c) No truck, van, or road tractor as defined in seation 20A-5. t6.1 over
twenty-three (23) feet in length and/or nine (9) feet in height shall be parked on
any street fight-of-way.
(d) Notwithstanding the exceptions of Sections 98-33, 98-34 and 98-35,
it shall be a violation for any vehicle to park across, or otherwise impede, the
crossing of a public sidewalk.
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4. SEVERABII,ITY. In the event a court of competent jurisdiction shall hold or
determine that any 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 provision. It shall further be assumed that the City Council
would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision~
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE.
adoption by the City Council.
The foregoing Ordinance was moved for adoption
The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
This Ordinance shall take effect ten days following its
by Coun¢ilmember
and,
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Counciknember Edward J. Majcher, Jr.
The Mayor thereupon declared tkis Ordinance duly passed and adopted this __
,2000.
day of
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Walter Barnes
Sally A~ Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
City of Sebastian, Florida
OF
AGENDA TRANSMITTAL
Agenda No. /~/~-~ ~/f
Subject: 0-00-25; taxicab regulation
Date Submitted: 11/1/00
For Agenda of:
EXPENDITURE REQUIteD: $0
AMOUNT BUDGETED: $0
APPKOPRIATION KEOUIRED: ~0
11/8/00
SUMMARY:
As discussed earlier with Council, the City has an elaborate regulatory scheme for taxicabs that
includes inspections by the police departmem, public hearings by the Council to approve permits,
City approval of rates, etc. It is the opinion of staffthat this is unnecessary in light of the size of
the City and the lack of competition among taxicabs in the City.
The ordinance removes these restrictions on taxicab operators and clarifies language concerning
bus stops on the right-of-way.
REcoMMENDED ACTION:
At the discretion of Council, pass Ordinance 0-00-25 at first reading and schedule public hearing
for December 6, 2000. GE,~ / ..~:~~//~~
AUTHORIZED PLACEMENT ON AGENDA BY CITY MANA
ORDiNANCE NO. O-00-25
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDiNG
CODE OF ORDiNANCES CHAPTER 106 VEHICLES FOR HIRE;
PROVIDING FOR CONFLICTS; PROVIDI/qG ]FOR SEVERABILITY;
PROVIDING ]FOR AN EFFECTIVE DATE.
Wi~REAS, the City of Sebastian has determined that no public interest is served in maintaining
a regulatory permit system for operation of taxicab businesses in the City; and
WItEREAS, public resources are wasted by such unduly burdensome business regulation;
NOW, TH]gREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH]g
CITY OF SEBASTIAN, ]lqD~ RIVER COUNTY, FLORIDA, as follows:
Section 1. That sections 106-26 through 106-31, and sections 106-51 through 106-
58, Cod~ of Ordinances, City of Sebastian, Florida are hereby deleted and said section numbers
are reserved.
Section 2. That section 106~76 of the Code of Ordinances, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 106-76. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Permit holder Fixed Route Operator means any person that holds -a- all required
~0 rl~ry permits a~ad-eer~ifiea~e of public convenience and necessity to engage
in the business of operating a ta~2cab vehicle over the public streets and alleys of the
city on a fixed, established route, such ~axieab boing-oommonly called as a bus or
community coach van.
Section 3. That section 106-77 of the Code of Ordinances, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 106-77. Loading zone application.
Any permit holder F~xec] IRq. ute Operator may apply in writing to the city clerk ciW
manager for and as a part of his-permit-for the establishment ora loading zone on the
public streets. Such written application shall designate the exact spot for such loading
zone and, if and when approved by the city-oter-k C~ty manager, the city shall mark, set
apart and designate each of the spots as a loading zone for the use and benefit of a
permit holder FixedRoute Oi2el'ator. It shall be unlawful for any person to stop, stand
or park any vehicle in such loading zone except a permit holder Fixed Route
Operator.
Section 4. That section 106-78 of the Code of Ordinances, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 106-78. Permit to construct benches; restrictions.
Any permit holdcr Fixed RolJtg. Operator may apply in writing to the city oter-k ~
manager for a permit to erect, construct and maintain benches or seating for the use
.of the general public at any loading zone established under this division. Such permit
shall state the kind and type of seating and shall indicate the spot. on the public street
· right-of-way where the bench or seating shall be placed and shall state any
advertising, signs or painting to be placed thereon or a.f~ed thereto. If and when such
application is approved by the city council, the oity Gterk city manager shall issue a
permit for the specific public seating, painting and advertising and the permit shall not
be changed or altered except by written amendmem of the permit by the city clerk city
rnanage_r. Such seating shall be placed at such a location as will, in the discretion of
the'city council, constitute a minimum of interference with vehicular and pedestrian
traffic on the public streets.
Section 5. That section 106-79 of the Code of Ordinances, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 106-79. Revocation of permit; removal of facility.
The City council may, after 30 days' notice in writing delivered by mail to any-pem~
~ FJxerLRg~t~ Operator, evoke, cancel and terminate any permit issued pursuant
to this division and immediately upon such revocation, any pemait holder FixedRoute
Operator shall remove any facility placed on the public streets pursuant to such
permit. Should any permit holde~ Fixed/~oute O,~erator fail to remove such facility,
then the city clerk. If and when such application is approved by the city council, the
city clerk city manager shall remove and destroy the facility. Any permit for
construction of benches granted pursuant to this division shall become and be deemed
a part of the loading zone permit of the permit holder ~Fixed Route Operator, and
upon revocation or suspension of the loading zone permit, then any permits for
construction of benches shall likewise be suspended or revoked.
Section 6.
· hereby repealed.
- Section 7.
CONFLICT. All ordinances or parts of ordinances in conflict herewith are
SEVERABILiTY. In the event a court of competent jurisdiction shall hold or
determine that any pan 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 Provision. It shall further be assumed that the City Council
would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 8. EFFECTIVE DATE'. This Ordinance shall take effect upon its adoption by the
City Council.
pon
The foregoing Ordinance was moved for adoption
The motion was seconded by Councilmember
being put to a vote, the vote was as follows:
by Councilmember
and,
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and
December, 2000.
adopted this
day of
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Walter Barnes
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney