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HomeMy WebLinkAbout03051997-A City of Sebastian 1225 MAiN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5,330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 5, 1997 7:00 P.M. OR SOON TItEREAFTER CITY COUNCIL CItAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA ALL A GENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 M_A.tNSTREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet pravided prior to the meeting - limit often minutes per speaker (R-97-02) 1. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Police Department Chaplain Frank Camillo ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETiONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-97-02) PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS CITY ATTORNEY MATTERS 8. CITY MANAGER MATTER~, 1-19 97.054 21-26 97.090 27-32 97.091 33-34 97.092 35-36 10. I CONSENT AGENDA .4ll items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. 'l Approval of Minutes - 2/19/97 Special (Quasi) Meeting, 2/26/97 Regular Meeting Adopt Resolution No. R-97-15 - Falcon Cable Franchise 60 Day Extension to May 17, (City Manager Transmittal 2/28/97, R-97-15) I 19971 A RESOLUTION OF TItE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTiNG AN EXTENSION OF AN EX/STiNG NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTiON OF THE CITY COUNCIL; PROVIDiNG FOR TIlE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDiNG FOR AN EFFECTiVE DATE. Bid and Contract Award for Annual Culvert installation to C.R. McLellan of Malabar (Public Works Transmittal 2/27/97, Bid Review and Recommendation Forms, Hill Letter 2/27/97) Craf~ Club Request Use of Riverview Park for Craft Shows - 4/5/97 (4/6/97 raindate), 5/3/97 (5/4/97 raindate) - Standard Conditions (City Clerk Transmittal 2/25/97, Stimmel Letter 12/28/96) Leesa Pease - Request Use of Community Center for Wedding Reception - 3/22/97 - 7 pm to 11 pm - A/B - Security Pd - Age Verified (City Clerk Transmittal 2/27/97, Application) PUBLIC HEARING Procedures for public hearings: (R-97-02) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation · Pub#c input - Limit oflO Minutes Per Speaker · StaffSummaaon · Mayor Closes Hearing · Council Action Anyone Wishing to Speak is Asked to Sign Up Prfor to the Meeting, When Called go to the Podium and State His/Her Name for the Record 2 I I' I I I I I I I I I i I i I I I I 97.012 37-46 97.070 47-51 11. 12. 13. 97.093/ 95.124 53-70 97.094/ 96.173 71-108 97.095 109 14. Second Readin~ Public Heating and Final Adoption of Ordinance No. O-97..47~ Vacating Street Rifts-of-Way in Sebastian Island Pursuant to A~eement w/Cornerstone (Communiw Development Transmittal 2/27/97, Q-97-42. Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING ITHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVENUE, EMPRESS AVENUE FROM SCHUMANN WATERWAY TO SPRING VALLEY AVENUE, SPRING VALLEY AVENIJE FROM EMPRESS AVENUE TO THE NORTH LINE OF LOT 21, BLOCK 594, SPRING VALLEY AVENUE FROM THE SOUTH LINE OF LOT 22, BLOCK 594 TO CRAW'FORD DRIVE, ALEXIS STREET FROM SPRING VAI,LRY AVENUE SOUTH TO THE LIMIT OF PLAT, AND ALEXIS STREET FROM DAY DRIVE NORTH TO THE LIMIT OF PLAT RIGHTS-OF-WAY; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/12/97, Advertised Legal Notices 2/19/97, PH 3/5/97) Second Reading. Public Hearing and Final Adoption of Ordinance No. 0-97-43 - Vacating Ad.ams Street Ri~t,of-Way(.Communi~ Development Trausmi~0.1 2/27/9~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN'RIVER COUNTY, FLOR. IX)A, VACATING TI--IE ADAMS STREET RIGHT-OF-WAY LOCATED WEST OF U.S. HIGFIWAY I; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. (I st Reading 2112/97, Advertised Legal Notices 2/19/97, PH 3/5/97) CO~E REPORTSfR.ECOMMENDATIONS OLD BUSINESS,, NEW. BUSINESS A. Renewal of Golf Professional Services Agreement Between City of Sebastian and Patrick J. Cerjan (City Manager Transmittal 2/28/97, Proposed Agreement) Proposed Lease Agreement Between City of Sebastian and Skydive Sebastian of South Florida, Inc for Tract of Land at Airport (City Manager Transmittal 2/28/97, Proposed Agreement, Map) C. Disposal of Old Concrete (City Manager Transmittal 2/28/97) INTRODUCTION.. OF NEW BUSINESS FROM THE PIfBLIC Which is not otherwise on the agenda - limit often minutes for each speak'er 16. CITY COUNCIL MATTER~q A. Mayor Louise Cartwright B. Vice Mayor Walter Barnes C. Mrs. Norma Damp D. Mr. Raymond Halloran E. Mr. Richard Taracka ADJOURN (All meetings beginning at 6:00 p. m. shall adjourn at 9:30p. m. unless extended for one half hour by a majority vote of City Council. Ail meetings beginning at 7:00p. m. shall adjourn at lO:30 p. m. unless extended for one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BIr THE CIIT COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETiNG (OR HE4RING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONIrAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANTONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATORAT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: Special Meeting-Election Results arwl Swearing ln-Monday, March 17, 1997 ~ 6pm Workshop - Wednesday, March 26, 1997 ~ 6pm Regular Meeting- Wednesday, March 26, 1997 ~ 7 pm or soon thereafter 4 I I I I I I I I i I i I I I I I I City of Sebastian I 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 a FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, FEBRUARY 19, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwfight called the Special Meeting to order at 6:02 p.m. The Pledge of Allegiance was recited. ROLL CALL City_ Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio Clerk, Linda Galley I Special City Council Meeting February 19, 1997 Page Two OUASI-J'UDICIAL PUBLIC HEARING(S). FINAL ADOPTION 97.072 A. Conduct Ouasi-Judicial Public Heating on Sandmining Special Use Permit Application for Vickers Grove Subdivision Phase III - Consider Adoption of Resolution No. R~.97-08 .(Director o£Communi .ty Development Director Transmittal 2/13/97. R-97-08. Staff~ Report. Location Map. Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT AND MINING PERMIT TO DR. HENRY FISCHER FOR A SAND MINE ON APPROXIMATELY 12.6 ACRES OF LAND; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-97-08 by title. Carolyn Corum, 881 Dolores Street, requested to be treated as an affected party. The City Attorney explained that in accordance with Resolution No. R-96-87 affected parties are the applicant, city staffand affected landowners entitled to notice under any statute or City ordinance, said she had spoken with Ms. Corum and advised her she could speak as an affected party only if the Council changed its resolution tonight to find that anyone adjacent is an affected party. Mr. Barnes asked if the applicant's attorney agreed, could Mrs. Corum be treated as an affected property owner to allow her to ask questions. The City Attorney concurred. Attorney Warren Dill said he did not agree with changing the resolution tonight, nor did he think it could be done tonight and stated that he was prepared to proceed. Mayor Cartwright disagreed with changing the resolution tonight and advised that Mrs. Corum could sign up under informational testimony or as a proponent or opponent, however, not as an affected landowner. Mayor Carm, right opened the public hearing at 6:13 p.m and the applicant staffand all those who intended to offer testimony were sworn in. 2 I I I I I i I I I i I I I i I I I I I I' I I i I i I I I i I I I I I i I I Special City Council Meeting February 19, 1997 Page Three The Director of Community Development presented the staff report (see attached); noted that the request for 20 feet of right-of-way should actually be 10 feet; stated that the lack of a littoral zone as requested by the Land Development is an issue, however, the applicant intends to meet all requirements of St. Johns River Water Management District. In closing, he stated that staff' recommends that the City Council find that the proposed sand mine will not be detrimental to the public safety, health, or welfare nor will it be injurious within the immediate vicinity in which the property is located and that the proposed use is consistent with the purpose and intent of the industrial zoning district and is similar in nature and compatible with uses allowed in the industrial zoning district. He said it is further recommended that City Council approve the application for the Vicker's Sand Mine Phase In with the following conditions: 1) Prior to commencement of operations, the applicant shall provide a verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property; 2) That the applicant dedicate 10 feet of fight-of-way to the City for Concord Avenue; and 3) Prior to the commencement of operations, the applicant shall install permanent project boundary coruers, with intermediate stakes at a minimum of three hundred feet and all limits of excavation shall be staked, marked and maintained with visible flags in the field, in accordance with approved plans for the permit. Mayor Cartwright asked if compliance with St. Johns Water Management District requirements was to be a condition and the Director of Community Development said he would not object to that as an additional condition and that staff receive a report. In response to Mr. Barnes, the Director of Community Development said there is an emergency access onto Concord which will be provided in the Industrial Subdivision; that the current sandmining allows mining from 7 am to 5 pm Monday through Saturday, however, Saturday operation shall cease if Council determines the operation constitutes a nuisance; explained St Johns rules relative to littoral zones. Mr. Barnes said he preferred to use requirements of the Land Development Code relative to littoral zones. The Director of Community Development went on to explain current and proposed lake depths. TAPE I - SIDE 11 (6:48 p.m.) In response to Mayor Cartwdght, the Director of Community Development listed prior approvals for this site in 1988, 1990 and 1991. Special City Council Meeting February 19, 1997 Page Four Attorney Warren Dill, representing applicant Henry A. Fischer, requested names of individuals who had filed the five complaints with the City regarding the sandmine operation. Mr. Dill requested that the staff.report and City records on this application be made a part of the record (staff.report attached) and gave a brief history of the operations on this site approved by City Council three times since 1988. Randy Mosby, Mosby and Associates, engineer for the applicant's project, gave his experience and educational background and responded to questions from Mr. Dill. He described the property as presented on a Project Phasing rendering dated January 1997 and Mr. Dill requested it be entered as applicant's Exhibit 7. There were no objections. Mr. Dill then submitted a complete set of Exhibits 1 - 6 for the record. Mr. Mosby read from City of Sebastian Resolution Nos. R-88-19, R-90-19, and R-95-07 and requested they be entered as applicant's Exhibits 1, 2 and 3. At 7:11 p.m. Mayor Cartwright advised Mr. Dill that he had two minutes to complete his presentation and Mr. Dill requested an extension. It was the consensus of Council to waive the time limit. Mr. Mosby stated that St. Johns had recently extended the current mine permit for another five years. In response to Mr. Dill, Mr. Mosby read from applicant's Exhibit 4, Section 20A-3.14 of the Land Development Code "IN, Industrial District" permitted uses and said, in his opinion, a sandmine was compatible with those uses; read from applicant's Exhibit 5, Section 20A-5.19 "Excavation and mining - purpose" and responded that all conditions have been met except for the littoral zone, for which St. Johns has its own requirements. He said the code reflects old methods on littoral zones and noted that Harbor Point and Collier Creek were approved without littoral zones and St. Johns rules were followed. Charles Cramer, employed by applicant Henry Fischer, addressed City Council on the berm and fence system around the site; said there was no evidence of any crime on site due to lack ora fence and that a City of Sebastian police officer was living on the site. Mr. Cramer described the area of current mining to Mr. Halloran, saying that they are gradually moving south away from the residential area. 4 I I I I I I i I I i i I I I I i I I I i' I I I I I i I I I I I I I I I I I Special City Council Meeting February 19, 1997 Page Five In response to Mr. Barnes, Mr. Mosby said the time for completion of the proposed mine will be based on consumer demand for the product. TAPE II - SIDE I (7:35 p.m.) Mr. Mosby continued his presentation. Howard A. Geiger, 1026 Schumann Drive, Sebastian, expressed concern for a drop in the water level of Schumann Lake in the last few days and asked what will happen to the lake if the sandmine operation goes below the level of Schumann Lake. Mr. Dill began to question Mr. Geiger, however, the City Attorney advised that Mr. Dill that he may not cross-examine non-affected opponents in accordance with the City's resolution and state statutes. Mr. Dill said if Mr. Geiger stated that he has no special expertise in this area, he would let the matter drop. Herbert Sturm, 549 Saunders Street, Sebastian, also expressed concern for the depletion of Schumann Lake, reduction in taxes and inquired whether John Hill had been informed of this matter. It was noted that Mr. Sturm was not qualified as an expert witness. Howard Woodrum, Elder, Trinity Lutheran Church, 611 Schumann Drive, inquired how close the project will be to the church and asked for the definition for emergency in the use of the access to Concord. The Director of Community Development said the project was 600 feet from the church. Carolyn Corum, 881 Dolores, Sebastian, at the request of Mayor Cartwfight, disclosed the names of the five or more people she was representing as follows: Carolyn Corum, Larry Corurn, Corrine Van Busik, Bea Ahrend, Cindy, Michael and Kelsey Fitzpatrick. Mrs. Corum objected to the sandmining expansion citing quality of life issues such as noise and dust, the fact that it is not incidental to preparation for a subdivision; cited protection of the aquifer; requested the limitation of stockpile height and better wetting methods. Mrs. Corum requested and received an additional five minutes and requested a different hauling route and limiting the time to Monday through Friday, 7 a.m. to 5 p.m. Mayor Cartwright opened the informational testimony period at 8:15 p.m. Mr. Taracka read a letter from Cindy Fitzpatrick into the record (see attached). Special City Council Meeting February 19, 1997 Page Five Mr. Dill objected to the letter being made a part of the record, and Mayor Cartwright explained that the letter is strictly informational and closed the information period. TAPE II - SIDE II (8:22 p.m.) The Director of Community Development said he had no information that the mine was drawing water off' Schumann Lake and said it was Council's decision whether or not to require a more detailed littoral zone in accordance with the Land Development Code or to yield to St. Johns' requirements. In conclusion, he said it is staff's recommendation to approve as stated in the initial staff presentation. In conclusion, Warren Dill called Charles Cramer, who explained the installation of the north perimeter road was for revegetation purposes; and described the watering system to keep dust down on stockpiles. Mr. Dill said it was his bellefthat the five complaints made in the last ten years were probably made by the Corums and Fitzpatricks; said the use is consistent with the industrial district; agreed to the three recommended conditions, although, he stated, the required donation often feet of right-of-way is illegal and the applicant was doing it as a gratuity. Mr. Taracka said he spent time at Dolores Street residences and witnessed the sand in the homes and suggested cost effective methods which had been recommended to him by experts in the field. He said he had witnessed sand blowing from the tops of stockpiles toward those homes.' In response to Mayor Cartwright, Mr. Cramer said stockpiled sand goes through a wet process, wet dredge stockpiles emit less sand than a typical citrus grove; and that if this application is denied the current sandmining operation will continue. The Director of Community Development said the code requires measures to control dust for hardrock mining only; previous approvals did not require wet down; and noted the east setback is measured from FEC right-of-way. I I' I I I I I I i I I I I I I I I i I Special City Council Meeting February 19, 1997 Page Seven The Director of Community Development said that in reworking the code on sandmining staff'will be working toward duplicating St. Johns regulations to minimize conflicts; in response to Mr. Barnes, said that the code allows hours Monday through Friday 7 am to. 5 pm with a provision that Council can allow mining on Saturdays and Sundays or other times at its discretion until it determines a nuisance exists. Mr. Barnes said he would like to see the hours Monday through Friday, 7 am to 5 pm as a condition. The Director of Community Development said it would be very difficult for Code Enforcement to enforce the time since the other area of sandmining is permitted on Saturday. Mayor Cartwright called recess at 9:00 p.m. and reconvened the meeting at 9:15 p.m. All members were present. Mr. Barnes asked that as a condition of approval, staffand the applicant be required to work together to look into a better system of holding down blowing sand based on newer technology. Randy Mosby said the applicant would agree to the condition and asked for the names of the experts to which Mr. Taracka referred. Mr. Barnes and Mr. Taracka concurred to make it a condition that the applicant voluntarily work with staff and if staff determines it is not feasible to use another method it make that determination. Mr. Dill agreed to work with staff.but objected to it as a condition of approval. Mr. Cramer, in response to Mrs. Damp, said the highest stockpile is 25 to 30 feet and that sand could probably not blow 1/2 mile from that site. TAPE 111 - SIDE I (9:25 p.m.) Mayor Cartwright, for the record, said she agreed with staff's interpretation of the setback line being from FEC fight-of-way. There was no objection from Council. Mr. Taracka said he had checked with people to the east in mobile homes and they had the same dust. Mayor Cartwright closed the quasi-judicial hearing at 9:27 p.m. Special City Council Meeting February 19, 1997 Page Eight 'l I MOTION by Barnes/Taracka i'I1 make a motion to reject Resolution R-97~08 on the grounds that it is detrimental to the health and welfare of the citizens of Sebastian and is not comparable with the uses in the industrial zone and in fact removes an industrial zone. ROLL CALL: Mr. Barnes - aye Mrs. Damp - nay Mr. Halloran - nay Mr. Taracka - aye Mrs. Cartwright - nay MOTION FAILED 2-3 (Damp, Halloran and Cartwright - nay) 97.073 MOTION by Damp/Cartwright I move to approve Resolution R-97-08 with correction of the ten foot right-of-way for Concord Avenue for the purpose of the sandmining permit for the project known as Vickers Grove Phase 1211 with conditions 1, 2 and 3 and the 4th condition that the applicant comply with St. Johns River Water Management District and provide us with the necessary documentation to staff. ROLL CALL: M. rs. Damp - aye Mr. Halloran - aye Mr. Taracka - nay Mrs. Cartwright - aye Mr. Barnes - nay MOTION CARRIED 3-2 (Taracka, Barnes - nay) Conduct Ouasi-ludieial Public Hearing on Preliminary_ Plat for ;Vickers Grove Industrial Subdivision - Consider Adoption of Resolution No. R-97-1.0 ,(Director of Community_ Development Director Transmittal 2/13/97, R-97-08. Staff Report. Location Map. A RESOLUTION OF THE CITY OF SEBASTIAN, rNDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOK A SUBDMSION KNOWN AS VICKERS GROVE INDUSTRIAL SUBDIVISION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Special City Council Meeting I February 19, 1997 Page Five The City Attorney read Resolution No. R-97-10 by title and Mayor Cartwright opened the quasi-judicial hearing at 9:32 p.m. Those who intended to offer testimony had been sworn previously. The Director of Community Development presented staff report (see attached); noted the 20 foot right-of-way donation should be 10 feet; said the access to Concord is intended for emergency use only and recommended approval. In response to Council inquiry, he said that if the City does not wish to maintain the lake in the future, it should not be accepted; said that Planning and Zoning found the cul-de-sac length acceptable as long as the emergency access existed. Warren Dill said the cul-de-sac was created by the City's refusal to allow regular use of the Concord access. In closing, the Director of Community Development recommended approval subject to the donation often feet of right-of-way. Mayor Cartwright closed the quasi-judicial hearing at 9:50 p.m. The Director of Community Development noted the word "industrial" needed to be added to the title of the resolution. MOTION by Halloran/Damp I move to approve Resolution R-97-10 with the inclusion of"INDUSTRIAL" in the title for Vickers Grove Industrial Subdivision and the inclusion of Section 1.A. which states that the applicant would dedicate a ten foot right of way for Concord Avenue. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye lVlrs. Damp - aye MOTION CARRIED 5-0 Special City Council Meeting February 19, 1997 Page Five 5. Being no further business, Mayor Cartwright adjourned the Special Meeting at 9:52 p.m. Approved at the ,1997, Regular City Council Meeting. Louise R. Cartwright Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk l0 I i I I I I I City of Sebastian i 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 26, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 97.074 Mayor Cartwright called the Regular Meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Department Chaplain Frank Camillo. Craft Club of Sebastian Presentation - Mr. Bates and Mr. Bissey Donation of $726 for Riverview Park - Mayor to Present Certificate of Appreciation (Community Development Transmittal 2/19/97~ Mayor Cartwright presented a Certifiicate of Appreciation to Craft Club of Sebastian members for their cash donation to the City for Riverview Park improvements. 4. ROLL CALL City_ Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio Regular City Council Meeting February 26, 1997 Page Two 6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 97.075 B. Indian River Drive Traffic Watch Presentation - Mr..Herman Encke - Proposed Desi~ for InforrnationaI'Si~ for Traffic Fines on Indian River Drive - Cost of Si~ to be Paid by IRDTW(Community Development Transmittal 2/19/97. Report and Proposed Sign) Mr. Herman Encke requested the City Manager to distribute additional information and explained the .group's proposal. MOTION by Barnes/'raracka I move to approve the proposed design of informational signs for traffic fines on Indian River Drive. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-97-02) The City Manager said he had been requested to add an item to the agenda regarding an additional one year site plan extension for the Captain Hirams motel and miniature golf course. MOTION by CartwrighffI-Ialloran I move to add item 13 E, site plan for Tom Collins to the agenda. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-O ('/z I '1 I I i i I I I i i i I i i I I I I I I I i I I I i I I I I I i I I I I Regular City Council Meeting February 26, 1997 Page Three 7. CITY ATTORNEY MATTERS 97.076 A. Schedule Attorney-Client Session inAccordance with Section 286.022 F.S. Re: Pending Litigation (City Attorney Memo 2/20/97~ It was the consensus of City Council to tentatively set the Attorney/Client meeting for Monday, April 7, 1997 at 6:00 p.m. The City Attorney said the meeting will be noticed in accordance with Florida Statutes. 8. CITY MANAGER MATTERS The City Manager introduced government students from Sebastian River Area High School and said FPL is moving forward with street lights along CR 512. CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/5/97 Special (Quasi) Meeting, 2/12/97 Regular Meeting 97.077 Bid Awards for Annual Sod Contracts - B & T Sod for Delivered and Installed Contract for Bahia and Floratam Grasses and R & R Turf Farms for Delivered and Installed Contract for Bermuda Grass and Delivered Only Contract for Bahia, Floratam and Bermuda Grasses - Ail Purchased on As-Needed Basis (Public Works Transmittal 2/19/97, Bid Review and Recommendation Forms) 97.069 Approve Agreement with Carroll & Associates, Inc. - Biological Services for Airport (Contract) 97.078 Debbie Bishop - Request Community Center for Fundraiser Benefit - 3/29/97 - 11 am to 6 pm - A/B and Collection of Donations Require Council Approval - Security Pd - Date of Birth Verified (City Clerk Transmittal 2/14/97, Application, R-94-50 Excerpts) 97.079 Vero Beach/Indian River County Recreation - Request Use of Riverview Park - 3/29/97 Easter Egg Hunt - 10 am - Standard Conditions (City Clerk Transmittal 2/19/97, Wilson Letter 2/19/97) Regular City Council Meeting Febmary 26, 1997 Page Four The City Manager read the consent agenda. MOTION by Bames/Taracka I'll make a motion to approve the consent agenda. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 10. PUBLIC HEARING - None 11. COMMITTEE REPORTS/RECOMMENDATiONS None. 12. OLD BUSINESS 97.080/ 96.099 Presentation by Ralph Hahn and Associates Re: Corrections to Police Station.- Proposed FundingRealignments within Capital Improvement Budget (City_ Manager Transmittal 1/21/97_ HahnReport Pgs 9 & 10. Albers Letter dated 2/11/97. Finance Director Memo The City Manager gave a brief background and reiterated staffrecommendation to concur with Ralph Hahn and Associates recommendation B to correct the HVAC system. Tom Albers, P.E., Ralph Hahn & Associates, addressed City Council on the three options available to correct the problem. Mr. Taracka asked about continued maintenance. The City Manager said maintenance will be addressed. 4 I i I I i I I I I I I I I i I I I I I I' I I I I I i i i I I I I I I I I I Regular City Council Meeting February 26, 1997 Page Five Mr. Halloran also expressed the importance of continued maintenance or training in the system. Mayor Cartwright suggested rather than retrofitting parts of the system as described in recommendation B, it would be better to start from scratch with new equipment and suggested going with recommendation A. Mr. Albei's said the CTSi unit in question is in very good condition. TAPE I - SIDE II (6:48 p.m.) Mr. Barnes said the existing equipment in question is well made, long lasting and suggested staying with recommendation B. MOTION by Barnes/Halloran I'I1 make a motion to accept recommendation B of the report on the HVAC system of the Sebastian Police station presented by Ralph Hahn and Associates. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 The City Manager explained that the police station repair had been split funded over two years in the Capital Improvement Budget, therefore, to address the problem now, $125,000 has to be reallocated from other projects in this year's budget. MOTION by Cartwright/Bames I move to authorize the changes to the Capital Improvements Budget to realign funds as outlined in Joel Haniford's memo dated February 20, 1997 including corrections to the errors he has noted. ROLL CALL: Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka MOTION CARRIED 5-0 - aye - aye - aye - aye - aye Regular City Council Meeting February 26, 1997 Page Six 13. NEW BUSINESS 97.081/ A. 96.095 Extension of Temporary A_m'eement with Bellsouth Mobility for Temporary Communication Facility Located on City PropertyBehind Police Department Buildin~ - Authorize City Manager to Execute Agreement (City Manager Transmittal 2/20/97. (~oov olSOriginai A~eement. Copy of Proposed A_m'eerner~ The City Manager said Bellsouth has requested an extension from April 1, 1997 to March 31, 1998 for an increased amount from $400 per month to $700 per month. MOTION by Bames/Taracka I'll make a motion to approve the extension of the temporary agreement with Bellsouth Mobility for temporary communications facility located on City property behind the Police Department. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwfight - aye MOTION CARRIED 5-0 97.082/ B. 95.152 Award of Bid for Improvements to Schumann Park to Nidy Company to Build Four Tennis Courts. a Parking Lot and Drainage Facilities - Authorize Ci~ Manager to Execute Contract - Net Cost of $152.222.91 (City Manager Transmittal 2/20/97. Pxoposed Contract. Bid and Cost Summary_. Capital Improvement Budget - Pg DST-2.BidRe~ew Committee Memo 1/28/9% Bid Documents on File. in Ci[y Clerks Office) MOTION by Taracka/Bames I move to approve the utilization of the $22,000 originally budgeted for tennis courts lights along with the $140,000 for tennis courts Schumann Park, for a total of $162,000; award bid and authorize the City Manager to execute a contract with the Nidy Company in an amount not to exceed $152,222.91. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 6 I '1 I I I I I I i I i I I I I I I I I Regular City Council Meeting February 26, 1997 Page Seven 97.083 C. Approve~Agreement with Sebastian Panthers. Inc. - Combination Restroom. Concession and Score Booth (City Manager Transmittal 2/21/97. Proposed A_m'eement) The City Manager explained the public/private partnership with the Sebastian Panthers for ,~ construction of the facility. MOTION by Barnes/Taracka I'll make a motion to approve the proposed agreement with the Panthers, the restroom improvements at Barber with the Panthers for labor, materials and construction management at the Barber Street Sports Complex. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye 97.084 D. MOTION CARRIED 5-0 First Reading of Ordinance No. 0-97-44 Authorizing City_ Manager to Restrict Parking on the Right-of-Way of Sebastian Airport Property_ - Schedule Second Reading and Public Heating forMarch 26. 1997 (Aim_ orr Drive West) (City Manager Transmitlal 2/20/97. Q-97-44) AN ORDINANCE OF THE CITY COUNCIl. OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION TO CHAPTER 98, ARTICLE I1 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING ON AIRPORT PROPERTY" GIVING THE CITY MANAGER THE AUTHORITY TO DESIGNATE "NO PARKING" ZONES WITHIN THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING THAT IT IS UNLAWFUL TO PARK IN A DESIGNATED NO PARKING ZONE; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-44 by title and the City Manager briefly explained its purpose. -! Regular City Council Meeting Febmary 26, 1997 Page Eight MOTION by BamesFraracka I'll make a motion to approve the first reading of Ordinance 0-97-44 and schedule second reading and public hearing for March 26, 1997. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 97.085 14. E. Extension of Site Plan for Captain Hirams Motel and Miniature Golf Course MOTION by Halloran/Cartwfight I move to approve the site plan extension request for Tom Collins. ROLL CALL: Mrs. Cartwfight - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-O INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker None. 15. CITY COUNCIL MATTERS Mr_ Richard Taracka Mr. Taracka said the next Riverfront meeting is March 10, 1997 and the committee is looking for public turnout on parking. 8 i I' I I I I i I I I I I I I I I I I I Regular City Council Meeting February 26, 1997 Page Nine Co Mayor Louise Cartwrigdat None. Vice Mayor Walter Barnes Mr. Barnes requested consensus from City Council to send a letter to Congressman Weldon relative to the scrub jay issue on City stationary. He read the letter into the record. There were no objections from Council. Mrs. Norma Damp None. Mr. Raymond Halloran None. 16. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 7:20 p.m. 9 I I' I I I I I I I i I I I I I I I I I City of Sebastian, Florida Subject: Falcon Cable T.V. Franchise Approved for Submittal by: City Manager Agenda No. ¢ ~. 05~ .Department Orisn: City Manager EXHIBITS: Proposed Resolution R-97-15 EXPENDITURE REQUIRED: nOlle Date Submitted' February 28, 1997 For Agenda of March 5, 1997 AMOUNT BUDGETED: nolle APPROPRIATION REQUIRED: nolle SUMMARY STATEMENT This proposed Resolution again extends the existing fi'anchise with Falcon for another 60 days. While it may seem unusual to continue this item so many times, the importance of adopting a comprehensive master telecommunications ordinance parsuant to the Telecommunications Act of 1996 cannot be understated. Currently, no local government in Florida has been found that has a new ordinance. In fact, few within the country exist. Contact has been made with Portland Oregon and Austin Texas. Both have recently adopted new ordinances and they are in route through the mail. In addition, a copy of a model ordinance fi.om ICMA is also being sent. There are a umber of matters which must be put into place before the City should attempt to negotiate any franchise renewal. Based on the Act, there cannot be "barriers to entry" and there has to be a level playing ground for all future competition. The wrong action or decision, at this point could have significant impact for years to come. Thus, it becomes imperative to take adequate time and be as methodical as possible. RECOMMENDED ACTION Approve Resolution R~97-15 extending the franchise for an additional sixty (60) days under the same terms as the last extension. i I' I I I I I I I I I i I I I I I I I RESOLUTION NO. R-97-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Cable TV Fund VIII-A, a Limited Partnership, Jones Intercable, Inc., General Partner was granted a non-exclusive franchise to operate and maintain a community antenna television system in the City of Sebastian, Florida by the City Council on September 23, 1981, by City Ordinance No. 218-E; and WHE~, by Resolution R-87-74 the City Council assigned and transferred Ordinance 218-E as amended on May 30, 1986, from Cable TV Fund VIII-A, Jones Intercable, Inc., to Falcon Cable Media, L.P., a California limited partnership on October 28, 1986; and WHEREAS, the non-exclusive franchise was granted and assigned to Falcon Media, L.P., was valid for a period of fifteen (15) years from 9/23/81; and WHEREAS, Falcon Media, L. P., had requested renewal of the franchise from October 1, 1993; and WHEREAS, recent changes have been enacted by the U.S. Congress establishing broad and new regulations affecting most // ~ telecommunications businesses; and WHEREAS, time has not permitted adequate opportunity to assess the ramifications of the Telecommunications Act of 1996, and those concerns as expressed by the franchisee's customers; and WHEREAS, the City of Sebastian desires to update its franchise ordinances and other pertinent regulations prior to the negotiations and renewal of the existing franchise with Falcon Media, L.P.; and WHEREAS, it is in the public's best interest to properly update the City's current franchise ordinance and carefully proceed with the negotiations for the renewal of the cable television franchise. WHEREAS, the City Council adopted Resolution No. R-96-67 on September 11, 1996 granting the first extension of the cable television franchise for sixty (60) days commencing on September 23, 1996 and expiring November 21, 1996 with a provision for additional extensions by Resolution; WHEREAS, the City Council granted subsequent sixty day extensions by adoption of Resolution Nos. R-96-85 and R-97-05; and WHE~, the current sixty day extension expires on March 19, 1997; and WHEREAS, an additional sixty (60) days is needed to prepare a proper franchise ordinance. 2 I '1 I I i I I I I I I I I I I I I I i i I' I i I I I I I I i I I I I I I I i NOW, T~I~REFORE, BE IT RESOLVED by the City Council of City of Sebastian, Indian River County, Florida as follows: SECTION 1. The non-exclusive franchise established by Ordinance 218-E granted to Cable TV Fund VIII-A, Jones Intercable, Inc., on September 23, 1981, and assigned and transferred to Falcon Cable Media, L.P., a California limited partnership pursuant to Resolution R-87-74 extended for sixty (60) calendar days commencing September 23, 1996, and expiring November 21, 1996 by Resolution No. R-96-67; extended for sixty (60) calendar days commencing November 21, 1996 and expiring January 19, 1997 by Resolution No. R-96-85; extended for sixty (60) calendar days commencing January 19, 1997 and expiring March 19, ~1997 by Resolution No. R-97-05, is hereby extended for an additional sixty (60) days commencing March 19, 1997 and expiring May 17, 1997. SECTION 3. All revenue required by the current franchise, and any additional revenue which may accrue to the City through changes incorporated into the franchise ordinance or franchise renewal shall be paid retroactively commencing September 24, 1996, by Falcon Cable Media, L.P., a California limited partnership. SECTION 4. Falcon Cable Media, L.P., a California limited partnership by acceptance of the extension to the current cable franchise agrees to the terms of this resolution. SECTION 5. This resolution shall take effect on March 19, 1997. The foregoing Resolution was moved for adoption by Council Member The motions was seconded by Council Member and upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Resolution duly passed and adopted this 5th day of March, 1997. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Louise R. Cartwright, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie F. Settles, City Attorney 4 i '1 I I I I I I I i i I I I I I I I i City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 AGENDA REQUEST FORM ¢,9 SUBJECT: Bid Award for Annual ) Agenda No. 7,'. Culvert Installation ) Contract ) ) Dept. of Origin Dept. of Public_.Works ) PW Director~0~7 ) Approved by . ) Purchasing '/D/¢~ f-Z'J~/~ ) Approved by ) Approved for Submittal By: ) Date Submitted: February 27. 199,7 ) City Manager ,-~_ _a~dtt,,)~ Agenda of March 5, 1997. ) ) Exhibits: Bid Review and Recommendation ) Forms, Letter from John Hill, Craven ) Thompson EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: 0 SUMMARY STATEMENT Bids for the Armual Culvert Installation Contract were opened on February 14, 1997. There were four sealed bids received. The Bid Review Committee met on February 27, 1997 and recommended that C. R. Mc Lellan of Malabar, Florida, the low bidder, be awarded the bid. John ~ of Craven Thompson has described in his letter to you how the bids were advertised. RECOMMENDED ACTION Move to award the Annual Culvert Installation Contract to C. R. Mc Letlan of Malabar, Florida. f m ~ I '1 i i i I I i I I I I I' I I I I I i I I i I I i I I I I I ~/28/97 07:47 FAX 4O7 778 3000 CRAVF~N TH0~P~ON ~002 February 27, 1997 Honorable Mayor and Council The City Manager Cimy o£ Sebas~an 1225 Main Street Seb.~stian, F132958 2TT0 Indian River Boulevard. $~i:e 20~ V~ro B;uutL Florida32960 'l'~lephone: (561) 778-3002 Tclt~ax: (56I) 778-3000 '1 i I I RE: A~mual Culvert Replacement Contra~t Dear Council and Manager Frame, Ia reviewing tho matter ofth~ Annual Culvert Contract, we would like to point oat the following salient points: 1. The purpose of the bid was ro arrive at as many fixed prices as practic~ for construction items involved in culvert pipe replacements, so that l~e City would have, "on-call", a licensed Contractor to send out to replace culverts, over the course ol' tim contract period of one year. With this arrangement, the City does not have to spend 60 to 90 days in the bid process for each replacement 2. With this arrangement, the Ci~ does not trove to pull its regular crews offof sch~uled maintenance in order to replace the numerous culverts that fail eamh year, Then, the regular maintenance work can be attended to on an orderly basis. The Contractor, who has tlm large equipment and crews for this work, can perform more than one repa/r at.a-time, ~fneecled. 3. Each job$ite will have particular requirement~ that muat be addressed as the jobs are selected; the Cont~Ctor, the City raft, and CIA will work to,thor to arrive at the exact scope of work for each job. ': 4. Once ~e exact scope of work is set. then a Change Order will be prepared for that job, setting out the items, quantity, and pricing for the job. Major Change Otflers will have to come to Council for approval (those over the lesser of: ~;5,000, or 15% of the original contract amount). Smaller change orders may be approved by the City Manager. $. Once the Change Order is issued, the Contractor may begin work. 6. Although the Contract Bid Amount from the Iow bidder is $39,607_50, the acta~l Cma] eomra~ amounts: :he end of the term will depend on how much work the City authorizes during the year. As of now, the Public Work Department Im~ identified some twenty urgent replacement locations, with six or seven o£these deemed 'critical' (road partially failed). ?. Annual contracts such as this are routinely used by other cities and agencies. Should you have any questions, please call me at your convenience. Sincerely, C~v~en Thorapso~ & Associates, Inc. f~_ol~_ V:~ill, P.E., Vice President City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 AGENDA FORM SUBJECT: USE OF RIVERVIEW PARK APPROVED FOR SUBMITTAL BY: .... Dept. Odgin : CityCler Date Submitted: February 25, 1997 March 5, 1997 ] For Agenda Of,' City Manager:--'~.~.4 c~ ] · ~ ,/~~xhibits. Letter of Request Dated ] 12/28196 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT. Connie Stimmel, Secretary for the Craft Club of Sebastian, is requesting permission to use River'view Park for craft shows on the following dates: Saturday, Apdl 5, 1997 (rain date Sunday, April 6, 1997) Saturday, May 3, 1997 (rain date Sunday, May 4, 1997) Unless otherwise stipulated by City Council, the following are established rules for the use of Riverview Park: 1. $100.00 secudty deposit. 2. No vehicles in the park. 3. Applicant to provide sufficient waste receptacles and clean up after event, 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entrance ways. 6. Any goods for sale must be handmade by members of the orgnaization. Applicant must contact and receive approval from the Health Department regarding the sale of food. RECOMMENDED ACTION Move to approve the request. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 i AGENDA FORM SUBJECT: RENTAL OF dOMMUNITY CENTER FOR FOR A WEDDING RECEPTION APPROVED FOR SUBMITTAL BY: ] AGENDA NO. ~/~--~ ] ] ] ,? ]Dept. Origin; City Clerk ~ ] ] ] ] For Agenda Of: MARCH 5, 1997 Date Submitted: FEBRUARY 27, 1997 City Manager: ..~~ ~-~.z~"~ Exhibits: ] Application dated 2/15~97 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT The City has received an application from Leesa Pease requesting permission to rent the Community center for a Wedding Reception on March 22, 1997 from 7:00 p.m. to 11:00 p.m. She is also reques.ting the use of alcohol at this event. RECOMMENDED ACTION Move to approve the request. CITY OF SEBASTIAN cP- /~. ?? RENTAL PERA~T APPLICA TION DATE: ~ (~CO~UNIWCENTER ( )YACHTCLUB NAME OF FERMITFEE: /~e C'~c %~-~'- .~ PHONE #: · ~.~-~ --~-~, .,- --- ADDRESS OF PERMITFEE: //,~ K~o~f~z~ ~. ~ga NAME OF ORGANIZATION OR GROUP IF APPLICABLE: kf. REQUESTED DATE:.~-- '"'"~? q~ TIME: FROM~ TO PLEASE ANSWER F~5' OR NO: 1. ARE KITCHEN FACILITIES REQUIREDT. L/e ~ 2. ARE YOU A RESIDENT OF SEBASTIAN7 ~,g ~ ~ $. WILL DECORATIONS BE PUT UPT~ 4. WILL THERE BE AN ADMISSION OR DOOR CHARGE7 5. "©0, , oO ,~,0-oo WILL ALCOHOLIC BEVERAGES BE SERVED? (a) IF ANSWER TO #5 IS ]"Z'~ PERMiTrEE'S PROOF oF AGE:. / (B) IF ALCOHOL IS TO BE SERVED, PERMISSION IS REQUIRED BY f~q(~UNCIL. YOUR REQUF, ST WILL BE PRESENTED TO COUNCIL ON: SECURITY DEPOSIT $ ~-,~. c~O RENTALS MAKE CHECKS PAYABLE TO: C/TY OF$£~A,,~z_T/,.4~ ~A SERVZCE r~E Z~, oe Szo. oo (wmc~ ~f d~ r~O DISHONO~D CHECK PER ~ O~OA STA ~ ~A OFFICE ~1' USE ...... ONLY sEcuRrrY om,osiT PAIr ON:~ DATE CASH CHECK INrHAL,S RENTAL FEE PAID ON: ~^TE C^S~_~.j~,.~ CHECK INrr~LS APPRO~D/DENIED KEY PICKUP DATE:. KEY RETURNED: SECURITY DEPOSIT RETURNED BY CITY CHECK=. '~' FOR $ ~ENTS: · ON: i '1 I I I i I I I I I i I i I I I I I I I I I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Vacation of Street Rights- ) Agenda Number: of-way in Sebastian Highlands Unit ) 17 (Sebastian Island) pursuant to ) Dept. Origin: agreement with Cornerstone Select ) Homes Inc. ) ) Approval for Submittal By: ) Date Submitted: 2~27/97 ) ~,~ ~.,jj./~. ! For agenda Of :~.3/5/97 City Manager ~r ) Exhibits: ) 1. Map ) 2. Ordinance 0-97-42 Community Dev. (RM) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On January 15, 1997, the City Council Approved an agreement with Cornerstone Select Homes, Inc. concerning the establishment of a private subdivision in a portion of Sebastian Highlands Unit 17 (map attached). The City agreed to vacate several streets within that area. Ordinance 0-97-42 vacates the streets as agreed to by that agreement. The City Council held the first reading for ordinance O-97-42 on February 12, 1997. RECOMMENDED ACTION Hold a public hearing, conduct the second reading and adopt ordinance O-97-42 ORDINANCE NO. 0-97-42 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORH)A, VACATING ITHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVENUE, EMJPRESS AVENUE FROM SCHUMANN WATERWAY TO SPRING VALI~Y AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENIYE TO TITE NORTH LINE OF LOT 21, BLOCK 594, SPRING VALLEY AVENUE FROM TEIJE SOUTH LINE OF LOT 22, BLOCK 594 TO CRAWFORD DRIVE, ALEXIS STREET FROM SPRING VALLEY AVENUE SOUTH TO THE LIMIT OF PLAT, AND ALEXIS STREET FROM DAY DRIVE NORTH TO TH'E LIM1T OF PLAT RiGHTS-OF-WAY; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICFS; PROVIDING FOR SEVERABN.,ITY; AND PROVIDING FOR AN EFFECTIVE DATE. WItEREAS, the City Council of the City of Sebastian, Florida, has determined that Ithaca Avenue fi.om Empress Avenue to Spring Valley Avenue, Empress Avenue fi.om the Schunann Waterway to Spring Valley Avenue, Spring Valley Avenue fi.om Empress Avenue to the north line of lot 21, block 594, Spring Valley Avenue fi.om the South line of lot 22, block 594 to Crawford Drive, Alexis Street from Spring Valley Avenue south to the limits of the plat, and Alexis Street fi.om Day Drive north to the limits of the plat no longer serves the public interest and necessity;, and Wl:IEREAS, the City Council of the City of Sebastian, Florida, has determined that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW Ti:t-EREFORE, BE IT ORDAINED BY TItE CITY COUNCIL OF ~ CITY OF SEBASTIAN, FLORIDA, TllAT: O~97-42.DOC 1 I 'l I I I I I I I I I I I I I I I I I I i' I I I I I I I I i I I I I I I I I Section 1. VACATION OF ROAD RIGItT-OF-WAY. The City hereby vacates the following rights-of way: A. Ithaca Avenue fi.om Empress Avenue to Spring Valley Avenue, more specifically described as follows: Beginning at the Southwest comer of Tract U, Block 598, said plat of Sebastian Highlands, Unit 17, run East a distance of 100.00 feet to the Point of Beginning, said point being the Point of Curvature of a curve concave to the Northwest; thence, along said curve having a radius of 25.00 feet, a central angle ofg0 degrees, an arc distance of 39.27 feet; thence, mn North a distance of 175.00 feet to the Point of Curvature of a curve concave to the Southeast; thence, along said curve having a radius of 100.00 feet, a central angle of 90 degrees, an arc distance of 157.08 feet; thence, run East a distance of 1231.23 feet to the Point of Curvature of a curve concave to the Northwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, run South a distance of 100.00 feet to the Point of Curvature ora curve concave to the Southwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, run West a distance of 1231.23 feet to the Point of Curvature of a curve concave to the Southeast; thence, along said curve having a radius of 50.00 feet, a central angle of 90 degrees, an arc distance of 78.54 feet; thence, run South a distance of 175.00 feet to the Point of Curvature of a curve concave to the Northeast; thence, along said O-97-42.DOC 2 O-97-42,DOC curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, mn West a distance of 100.00 feet to the Point of Beginning. Empress Avenue from the Schumann Waterway to Spring Valley Avenue, more specifically described as follows: Beginning at the Southwest comer of Tract U, Block 598, said plat of Sebastian Highlands, Unit 17; thence, mn East a distance of 1456.23 feet to the Point of Curvature of a curve concave to the Northwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, mn South a distance of 100.00 feet to the Point of Curvature of a curve concave to the Southwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, mn west a distance of 1456.23 feet; thence, mn North a distance of 50.00 feet to the Point of Beginning. Spring Valley Avenue fi-om Empress Avenue to the North line of lot 21, block 594, more specifically described as follows: Beginning at the Northwest comer of Tract W, Block 595, said plat of Sebastian Highlands, Unit 17, mn East 100.00 feet to the Point of Beginning, said point also being the Point of Curvature of a curve concave to the Southwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, run South a distance of 175.00 feet to the Point of Curvature of a curve concave to the Northeast; i '1 I I I i i I I I i I I I I i I I I I I' I I I I I I I i I I I I I I I I i O-97-42.DOC thence, along said curve having a radius of 100.00 feet, a cemral angle of 90 degrees, an arc distance of 157.08 feet; thence, run East a distance of 1206.23 feet to the Point of Curvature of a curve concave to the Northwest; thence, along said curve having a radius of 100.00 feet, a central angle of 90 degrees, an arc distance of 157.08 feet; thence, run North a distance of 748.82 feet to the North line of said Lot 21; thence, run West 25.00 feet to the center line of Spring Valley Avenue; thence, mn South a distance of 26.97 feet; thence, mn West a distance of 25.00 feet to the Northeast comer of Lot 20, Block 598, said plat of Sebastian Highlands, Unit 17; thence, mn South a distance of 721.85 feet to the Point of Curvature of a curve concave to the Northwest; thence, along said curve having a radius of 50.00 feet, a central angle ofg0 degrees, an arc distance of 78.54 feet; thence, nm West a distance of 1206.23 feet to the Point of Curvature of a curve concave to the Northeast; thence, along said curve having a radius of 50.00 feet, a central angle of 90 degrees, a radius of 50.00 feet, an arc distance of 78.54 feet; thence, run North 175.00 feet to the Point of Curvature of a curve concave to the Southeast; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, run West 100.00 feet to the Point of Begkming. Spring Valley Avenue from the South line of lot 22, block 594 to Crawford Drive, more specifically described as follows: Beg/nning at the Northwest 0-9'7-42 .DOC comer of Lot 31, Block 594 of said plat of Sebastian Highlands, Unit 17, run South 19.76 feet to the Point of Beginning, said point being a point in the Easterly right of way of Spring Valley Avenue; thence, run South 785.24 feet to the Southwest comer of Lot 22, Block 594 of said plat of Sebastian Highlands, Unit 17; thence, nm West 25.00 feet to the centerline of Spring Valley Avenue; thence, run South a distance of 26.97 feet; thence, nm West a distance of 25.00 feet to the Southeast comer of Lot 21, Block 598, said plat of Sebastian Highlands, Unit 17; thence, North 706.95 feet to the Point of Curvature ora curve concave to the Southwest; thence, along said curve having a radius of25.00.feet, a central angle ofg0 degrees, an arc distance of 39.27 feet; thence, nm East a distance of 75 feet to the Point of Beginning. Alexis Street fi.om Spring Valley Avenue south to the limits of the plat, more specifically described as follows: Beginning at the Southeast comer of Lot 9, Block 595, of said plat of Sebastian Highlands, Unit 17, run North 100.00 feet to the Point of Curvature of a curve concave to the Southwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, run East a distance of 100.00 feet to the Point of Curvature of a curve concave to the Southeast; thence, along said curve having a radius of 25.00 feet, a central angle of 90 de~ees, an arc distance of 39.27 feet; thence, run South 100.00 feet; thence, West 50.00 feet to the Point of Beginning. I '1 I I I I I I I I I I I i i I I I I I I' I i I I i i I I I I I I I I I I I F. Alexis Street from Day Drive north to the limits of the plat, more specifically described as follows: Beginning at the Northwest comer of Tract O, Block 593, of said plat of Sebastian Highlands, Unit 17; thence, run South 165 feet to the Point of Curvature of a curve concave to the Northeast; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, West a distance of 100.00 feet to the Point of Curvature of a curve concave to the Northwest; thence, along said curve having a radius of 25.00 feet, a central angle of 90 degrees, an arc distance of 39.27 feet; thence, North 165 feet; thence, East 50 feet to the Point of Beginning. Section 2. RECORDING. The City Clerk is directed to present this Ordinance to the Clerk of the Circuit Court for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 3, CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. SEVERABILITY. of this Ordinance shall be held If any clause, section, or other part or application by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance adoption. 0-97-42,DOC 6 shall become effective upon PASSED BY THE CITY COUNCIL OF TI~ CITY OF SEBASTIAN, FLORID& ON F/RST READING, THiS DAY OF , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS __ DAY OF ,1997. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R~ Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Counciknember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ~ 1997. FLORIDA CITY OF SEBASTIAN, By: ATTEST: Louise R. Cartwfight, Mayor Kathryn M. O~alloran, CMC/AAE (Seal) O-97-42.DOC I '1 I I I I i i I I I I I I I i I I I I I' I I I I I I I I I I i I i I I I I Approved as to Form and Content: Valerie Settles City Attorney O-97-42.DOC TRACT R ~ACT S (PARCEL B) TRACT P CL TRACT L TRACT K ~ACT M TR:^C.T' 0.' TRACT I I' I , ! City of Sebasdazz 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 E] FAX (407) 589-5570 SUBJECT: Vacation of Adams Street ) Agenda Number: Right-of-way ) ) Dept. Origin: Community Dev. ) ) Approval for SubmittalBy: ) Date Submitted: 2~27~97 ) ) For agenda Of :__.3/5/97 City Manager ~~.~ (~~ ~F ) Exhibits: ) 1. Map ) 2. Ordinance O-97-43 (RM) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Service Leasing and Rental Corp. has requested that the City vacate the Adams Street right-of-way. This right-of-way is located west of U. S. Highway 1 and east of the Florida East Coast Railroad (map attached). Ordinance 0-97-43 vacates that right-of- way. The City Council held the first reading on ordinance O-97-43 on February 12, 1997. RECOMMENDED ACTION Hold a public hearing, conduct the second reading and adopt ordinance O-97-43. ORDINANCE NO. 0-97-43 AN ORDINANCE OF ~ CITY OF SEBASTIA~N, INDIAN RIVER COUNTY, FLORIDA, VACATING THE ADAMS STREET RiGHT-OF-WAY LOCATED WEST OF U. S. HIGHWAY 1; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, has determined that Adams Street located west ofU. S. Highway 1 no longer serves the public interest and necessity; and W~EREAS, the City Council of the City of Sebastian, Florida, has determined that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW TItEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, TItAT: Section 1. VACATION OF ROAD RiGHT-OF-WAY. The City hereby vacates a 60 foot wide street called Adams Street from the westerly edge of U. S. Highway 1 to the easterly edge of the Florida East Coast Railroad right-of-way, the same being a distance of 286 feet, more or less. Section 2. RECORDiNG. The City Clerk is directed to present this Ordinance to the Clerk of the Circuit for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 3. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Ordinance 0-97-43 Vacation of Adams Street i I i I I I I I I I i I I I I I I I I I I' I I i I I I I I I I I I I I I i I Section 4. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section5. EFFECTIVE DATE. This Ordinance shall become effective upon adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1997. PASSED AND ADOPTED BY THE CITY COUNCIl. OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND __ DAY OF , 1997. AND FINAL READING, THIS The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1997. FLORIDA CITY OF SEBASTIAN, Ordinance 0-97-43 Vacation of Adams Street 2 By: ATTEST: Kathryn M. O'Halloran, CMC/AAE (sea J) Approved as to Form and Coment: Valerie Settles City Attorney Ordinance 0-97-43 Vacation of Admns Street Louise R. Cartwright, Mayor I '1 I I I I i I I I I I I I I i I i i '1' GOV. CKC BLOCK E A.G. ROSE S/D MAtN IARDEE S/D "B" SEE OF ENLARGED PT. GOV. LOT 5 CARROLL ROBERTS SUBDIVISION I I I i I I I I GOV. LOT 4 NE I/4 of SW I/4 VALENCIA ST, PINEAPPLE ST. Kli I/4 SEC, Ist ADDITION TO OF SE, BASTIAN REPLAT OF BRADDOCK S/D A,. MARTIN SUBDIVISION RESUB EDGE' EDGE I I' I I I I I I i I I I i i I I I i I City of Sebastian, Florida Subject: Renewal of Golf Professional Services Agreement between the City of Sebastian and Patrick J. Cerjan Approved for Submittal by: City Manager EXHIBITS: Proposed Agreement EXPENDITURE 'REQUIRED: none Agenda No. 6~ ~)~5 Department Origin: City tvlanager Date Submitted' February 28, 1997 For Agenda of March 5, 1997 AMOUNT BUDGETED: none APPROPRIATION REQUIRED: none SUMMARY STATEMENT On September 27, 1995, the City entered into an agreement with Patrick Cerjan to manage the golf course. That agreement will expire on July 13, 1997. In order for Mr. Cerjan to properly plan, he needs to know whether the coUncil will renew the agreement. If the Council is not willing to renew, he has to make arrangements for other employment and sell out his merchandise. Mr. Cerjan is willing to renew the agreement under the existing terms. In light of what appears to be a successful relationship, customer satisfaction and a positive financial operation, I would see no reason to object to tNs renewal. The proposed agreement would become effective on March 5, 1997, and would remain in effect for a period of two years from July 13, 1997. The proposed agreement provides for termination without cause upoE (,0 day's written notice by either pan'y which is same as the current agreement..) RECOMMENDED ACTION Approve the proposed agreement renewal. OLF PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made this 5th day of March, 1997 by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, hereinafter referred to as "City" and referred to as "City" and PATRICK J. CERJAN, (SSN ) of the Professional Golfers' Association (PGA) located in Vero Beach, Florida, hereinafter called the "Consultant." WHEREAS, the City desires to engage a consultant who has special and unique competence and experience in providing the planning, promotion, programming, general operations and technical services for golf course operations; and, WHEREAS, the Consultant represents that he has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Consultant as its golf course consultant; and, WHEREAS, the City and the Consultant desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: 1. Aqr~em~n~:. The Consultant and the City understand and agree that this Agreement shall cover all of the services of the Consultant which the Consultant is providing to the City of Sebastian. This Agreement is not an exclusive agreement and the I 'I i I I i i I I I I I I i I I i I i I i' I I I i I I I I I I I i i I i I I City may employ other consultants, professional or technical personnel to furnish services not required 'by or within this Agreement for the City as the City in its sole discretion finds is in the public interest. 2. Engagement of Consultant: The City hereby agrees to engage the Consultant and the Consultant hereby agrees to perform professional services for the City in accordance with this Agreement. The Consultant shall provide the necessary planning, programming, marketing and promotion services, teaching, pro-shop services and technical management services for the City of Sebastian Golf Course and provide assistance as specifically requested by the City Manager from time to time in connection with the operations and maintenance of the golf course. The services that the Consultant shall furnish to the City shall include, but not be limited to, the following: (1) M~rke~ing the Golf._Course: The Consultant shall exert his best efforts to promote and market the Sebastian City Golf Course to customers and prospective customers for the purpose of increasing the profitable utilization of the golf course. Such marketing efforts shall include but not be limited to activities as follows: (a) (b) design and implementation of a marketing program to promote the golf course operations; public appearances,announcements and advertisements; organizing tournaments and group play (d) (e) dissemination of information to the public about the golf course, its services, fees and hours of operations; and report to the City Manager all complaints, comments and critical remarks of customers about the golf course activities. (2) Qperating the Pro-ShoD: manage the operations of the pro-shop. The Consultant shall (3) Provide Instruction: The Consultant shall provide individual and group instruction. The Consultant will notify the City Manager of his fees and any changes to his fees. (4) Repair, Storage. Rental and Sales: .Furnish golf club equipment repair, storage, rental and sales. (5) MaDl~.qement Services: Provide management services for golf course operational play including managing the golf course and scheduling play. (6) Junior Golf Operation: Promote and conduct the junior golf operation. (7) Drivinq R~nqe;. Managing the driving range. (8) Improvements: Making recommendations to the City Manager about improvements to the golf course facilities. (9) Program: Review with the City Manager by September 1, 1997 a program to improve the marketing and' operational activities at the golf course. The program including its goals, objectives and implementation procedures shall be reduced to writing and reviewed annually by the Consultant and City Manager. I '1 I I I i I I I I I I I i i I i I i I I' I I I i i I I I I i I i I I i i i 3. Relationship of Parties: The parties intend and agree the Consultant is an independent contractor and not an agent or employee of the City. The manner and means of fulfilling his duties under this Agreement shall be under the sole control of the Consultant. The Consultant shall devote his entire time and use his best efforts to discharge his duties under this Agreement. The Consultant shall comply with all City policies, state and federal laws in discharging his duties under this Agreement. None of the benefits provided by the City to its employees including, but not limited to compensation, insurance, retirement benefits and unemployment insurance are available to the Consultant. The Consultant is responsible for the procurement of his own insurance and complying with all federal and state laws on payroll, disability and F.I.C.A. taxes. 4. Joint Coooeration~ The closest collaboration and cooperation shall be maintained by the Consultant with representatives of the City and the City will be entitled at all times to be advised, at its request, of the status of all activities done by the Consultant and of the details thereof. The City shall furnish to the Consultant all pertinent existing information deemed necessary by the Consultant to be relevant to the execution of the Project. 5. A. Co~ession ~n~ o~eration: Subject to the terms and conditions set forth in this Agreement, the City hereby grants to the Consultant an exclusive, nontransferable and personal concession license ("concession license") to operate a pro-shop on the City's municipal golf course, as more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter referred to as the "Concession Facilities"). The Consultant may use the Concession Facilities to repair, store, rent and sell golf equipment, golf clothing and apparel. Consultant agrees to pay the City, in return for the license granted herein, a basic concession fee of $200.00 per month plus sales tax, payable on a monthly basis as long as this Agreement remains in effect. B. DBtie8 of the Parties: The Consultant shall maintain all equipment in the Golf Pro Shop used for the repair, storage, rental and sale of golf equipment, golf clothing and apparel. The City shall maintain the air conditioning, computer system and equipment and fixtures attached to the realty. The City shall have the right to have personnel and equipment located in the Concession Facilities. City personnel in the pro-shop may collect green fees, cart rental fees and any other charges or revenues generated at the golf course and pro-shop. The consultant agrees that all transactions at the golf course or pro- shop shall be paid through the City cashier. The Consultant shall provide all merchandise for sale in the pro-shop and all range balls for the driving range. The Consultant shall reimburse the I '1 i I I I i I I I I I I i I I I i i I I' i I I i I I I I I I i I I I I I I City an amount equal to 3% of the gross revenues on the use of the driving range as the cost of retrieving range balls by the City. This amount shall be adjusted every year by mutual agreement of the parties. The consultant shall have the exclusive right to retrieve and sell golf balls recovered from water hazards at the golf course as long as the Consultant is engaged by the City. The Consultant shall comply with all the requirements of all public authorities and the terms of all state, federal and local laws, ordinances and regulations. The consultant shall obtain all necessary licenses from all units of government. The Consultant shall maintain during the term of this Agreement all books, reports which the City shall reasonably require. The City shall pay for the electricity, water, sewer and garbage collection, if necessary, from the Concession Facilities, and the Consultant shall pay all taxes arising from the operation of the Concession Facilities. The City reserves, and shall at all times have, the right to enter the Concession Facilities to inspect the same. The City also reserves the right, from time to time, at the City's own expense, to make renovations, repairs or changes, about and to the Concession Facilities. The City also reserves the right to use the Concession Facilities as long as such use does not interfere with the Consultant's use of the facilities. The Consultant is granted the concession license as long as the Consultant is engaged by the City under this Agreement. If either party terminates this Agreement under the provisions of paragraph 5D or paragraph 7 of this Agreement, the concession license shall terminate on the day the Consultant's engagement terminates. C. Concession Facilities: It is expressly agreed and understood between the parties hereto that nothing in this Agreement shall be construed as empowering the Consultant to encumber or cause to be encumbered the Concession Facilities in any manner whatsoever. In the event that regardless of this prohibition any person furnishing or claiming to have furnished labor or materials at the request of the Consultant, or any person claiming by, through or under the Consultant, shall file a lien against the Concession Facilities, Consultant shall within thirty (30) days after being notified thereof, cause such lien to be satisfied of record or cause the Concession Facilities to be released there from by the posting of a bond or other security as prescribed by law, or shall cause same to be discharged as a lien against the Concession Facilities by an order of a court having jurisdiction to discharge such lien. In the event the lien is not discharged as required above, the City may advance funds necessary to discharge the lien and recover any amounts so paid from the Consultant. ~.FLA/Approy.al and Re~ulatioR; The City and the Consultant acknowledge this Agreement may be subject to approval by the Federal Aviation Administration ("FAA"). The parties 7 I '1 I I I i I I I I I I I .I I I I I I i I' I I i I I I I I I I I I i I I I I therefore, agree that in the event FAA approval is required and the FAA refuses to either grant its approval or issue a letter of no objection with respect to this Agreement, the parties shall modify the terms of this Agreement in the manner and to the extent necessary to obtain the FAA's approval. In the event any such modification would serve to materially increase the obligations of a party hereunder, the affected party may terminate this Agreement upon giving thirty (30) days advance notice to the non-affected party. E. Authorization: The City authorizes the Consultant while retained by the City to provide instruction on the driving range and golf course. The Consultant is not authorized to enter into any contracts, agreements or purchase orders on behalf of the City without written consent of the City Manager. 6. Compensation Schedule and Pro Shop Inventory: provision Consultant (1) The Consultant will be compensated for the of services described in this Agreement while the is retained by the City by the payment of a professional fee in the amount and in the manner set forth below (professional fee:) A. The professional fee shall be an amount equal to the gross rentals, repairs, revenues ("gross revenue")collected from: (1)locker (2)club storage, (3)golf club rentals, (4) golf club (5) pro-shop merchandise sales, (6) gift certificate sales, (7) instructional lessons, (8) the sale of golf balls recovered from water hazards on the golf course and (9) the use of balls at the driving range, as defined in paragraph 6 (1) (B). B. As used in Paragraph 6, the term "gross revenue" shall include all payments, incomes and receipts of funds from: (1) locker rentals, (2) club storage, (3) golf club rentals, (4) golf club repairs, (5) pro-shop merchandise sales, (6) gift certificate sales, (7) instructional lessons, (8) the sale of golf balls recovered from water hazards on the golf course and (9) the use of balls at the driving range. Notwithstanding anything hereunder to the contrary "gross revenue" shall not include any revenue from activities at the golf course not specifically described in this paragraph. The City specifically reserves the right to employ other personnel consisting of two golf professionals at the golf course to provide instructional lessons. The compensation from lessons provided by such personnel is excluded from gross revenues. C. At the conclusion of any business day occurring during the term of this Agreement, the City shall pay to the Consultant an amount equal to the professional fee payable with respect to such business day. A quarterly audit of the operations of the golf course performed by the City for any period occurring during the term of this Agreement shall reflect the actual "gross revenue" of the golf course operations for such 9 I '1 I I I I I I I I I I I I I I i I I i I' I I I I I I I I I I I i I I i I i period. If the actual "gross revenue" of the golf course operation for any period as determined by such audit shall be greater or less than the gross revenue of the golf course operations used to compute the professional fee payments during any period of this Agreement, the City shall pay to the Consultant any underpayments' and the Consultant shall pay to the City any over payments of the professional fee, as the case may be, within thirty (30) days after completion of the audit. This Agreement shall be paid from any non ad valorem tax revenues of the City which are not pledged as security for the payment of any indebtedness of the City of Sebastian. D. On the termination of this Agreement the City shall purchase from the consultant all logo goods at the wholesale invoice price, provided such purchases shall not exceed 2,000.00 in total amount. Any item owned by the Consultant which the City elects to retain in the Pro-Shop inventory after termination of this Agreement shall be purchased by the City at the Consultant's wholesale cost and payment shall be made to Consultant within 30 days from the date of the termination of this Agreement. All gift certificates that are outstanding for the period of this Agreement will be identified. The Consultant shall reimburse the City the dollar amount of the gift certificate outstanding or redeemable, or the City may credit the value of the inventory against any inventory purchased by the City, or a combination of credit and l0 cash as agreed to by the City. On the termination of this Agreement any items held in inventory for pro-shop sale which are purchased by the City from the Consultant shall be valued by verification of the Consultant's purchase receipts for such items. (2) The Consultant shall obtain approval from the City Manager prior to incurring any travel or lodging expenses on behalf of the City. Travel expenses for the Consultant, when authorized, shall be paid in accordance with the City of Sebastian policy and Section 112.061 of the Florida Statutes. (3) Gift certificates that are outstanding and redeemable and issued by the City prior to July 17, 1995 will be honored by the Consultant and the City will reimburse the Consultant the dollar value of each certificate honored. 7. Duration~ (1) This Agreement shall become effective on March 5, 1997, and shall remain in effect for a period of two (2)years from July 13, 1997 unless terminated for breach or as provided in this Agreement. This Agreement may be terminated by either party with or without cause. This Agreement shall supersede any prior agreements between the parties. This Agreement may be canceled by the City upon notice as set out in this Agreement without penalty or cause. (2) This Agreement may be terminated without cause by written notice of either of the parties to the other party of I '1 I I I I I I I I I I I I I I I I I i I' I I I i I I I I I i I I I I I I i an intention to terminate this Agreement. Any such written notice shall serve automatically to terminate this Agreement ninety (90) days after the date such notice is sent to the other party via certified or registered mail. If notice is given by either party which terminates the engagement of the Consultant under this Agreement with or without cause prior to the expiration of the Agreement, the professional fee and rent payment shall be prorated to the day of the Consultant's termination. (3) The City Manager may terminate the Consultant for cause on twenty-four (24) hour written notice without penalty. Cause for the purpose of this subparagraph means the use, sale, dispensing, distribution, possession, or manufacture of illegal drugs and narcotics or alcoholic beverages on City premises or work sites or addiction to the use of intoxicants or drugs, chemical dependency, the conviction of a felony. 8. Covena~n~ Against Contingent Fees: The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 9. ~ The Consultant shall be qualified to perform the services described in this Agreement under federal, state and local laws to perform such services. This is a personal service contract and the Consultant shall personally furnish services under this Agreement. Personnel retained by the Consultant who perform services under this Agreement shall not be employees of the City. This Agreement cannot be assigned. The City reserves the right to provide employees that the City considers necessary for the administration of the golf course facilities. 10. Responsibility of the Consultant: (a) The Consultant is responsible for the professional quality and effective operation for the City of Sebastian Golf Course, and the efficient coordination of all activities, and other services furnished under this Agreement. (b) The Consultant will honor the provisions of existing contracts executed by the City for services performed at the golf course and will provide advice and assistance in contract negotiations in the event it is determined to continue with the contractual services. ~3 I '1 I I I I I I I I I I I I I I I I I I I' I I I i I I I I I I I I I I i i I 11. Interest of Members of City and Others: No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 12. Insurancel The Consultant agrees to the covenants and shall provide insurance to the City in accordance with Attachment I, which is incorporated by reference into this Agreement. The Consultant will provide both liability insurance covering his activities and a contract indemnification rider for Paragraph 17 of this Agreement. 13. Intere$~ of Contractor: The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Consultant shall not undertake any professional work which conflicts with his duties as the City's 14 Consultant without the prior written consent of the City Manager during the term of this Agreement. 14. Compliance With the Law: agrees to comply with all laws and regulations relating to providing services under this Agreement. The failure of the Consultant to adhere to any law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 15. Waiver: The waiver by the City of any of the Consultant's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Consultant under this Agreement. The Consultant expressly 16. Public Entity: The Consultant shall file a sworn statement with the City which is Attachment II stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 17. Indemnificatian~ For $100.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Consultant shall pay, indemnify and save harmless the City, its agents, guests, invitees and employees, from all suits, actions, claims, demands, damages, losses, I '1 I I I I I I I I I I I I I I I i I i I' I I I I I I i I I I I i i i I I I expenses, including attorney's fees, costs and judgments of every kind and description to which the City, its agents, guests, invitees or employees may be subjected to by reason of injury to persons or death or property damage resulting from or growing out of any negligent act of commission, omission, or fault of the Consultant, with its agents or employees, committed in connection with this contract. 18. Dru~,Eree Workplace: Consultant's drug-free workplace policy is to prohibit in the workplace the unlawful possession,use, dispensation, distribution or manufacture of controlled substances. For purposes of this policy, "controlled substances" include inhalants and illegal drugs. Alcoholic beverages are also prohibited on the City's premises unless provided by a City sponsored event, violation of this policy will result in disciplinary action up to and including termination of this Agreement. Depending upon the circumstances, other action, including a notification of appropriate law enforcement agencies, may be taken against any violator of this policy. In accordance with the Drug-Free Workplace Act of 1988, as a condition of employment by the Consultant, staff f members must comply with this policy and notify management within five (5) days of a conviction for any criminal drug violation occurring in the workplace. Failure to do so will result in immediate termination of employment by Consultant. We, in turn, will, as required by the Act, report such convictions within ten (10) days of our learning of the conviction to the appropriate federal agency. Any staff member arrested in connection with a criminal drug violation occurring iht he workplace will be placed on personal leave of absence without pay and could face termination of employment pending the outcome of any legal investigation and conviction. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: Kathryn M. O'Halloran CMC/AAE, City Clerk (SEAL) Signed, sealed and delivered in the presence of: Name: Name: THE CITY OF SEBASTIAN By: Name: Title: PATRICK J. CERJAN CONSULTANT By: Name: Title: Approved as to legal form and content: Valerie F. Settles, City Attorney 17 I '1 I I I I I I I i I I I I i I I i I I I' I I I I I I I I I I I I I I I I I City of Sebastian, Florida Subject: Proposed lease agreement between the City. of Sebastian and Skydive Sebastian of south Florida, .Inc. for a tract of land at the Airport. Approved tbr Submittal by: City Manager EXHIBITS: Agenda No. / ~r~./25 ! 'Department Orig/n: Ci'b, Manager Date Submitted' February 28, 1997 For Agenda of March 5, 1997 1. Proposed Agreemem 2. Location Map of Parcel EXPENDITURE REQUIRED: none ANIOUNT BUDGETED: ., II. One APPROPRIATION REQUIRED: none SUMMARYSTATEMENT This is a proposed lease for appro~mately 2.462 acres of airport property. The use of the property would be for additional off-street parking and a location for dumpsters. This particular site is on that portion of the airport property located between Airport Drive West and Roseland Road across from Sk'ydives Sebastian's present location. The rent is at $2,500 per acre per year and will yield an annual rent of $6,155. The value of $25,000 per acre was set by an appraisal prepared in late 1995. The FAA requires the rent to be between 8% and 12% of value for annual rent. The approval of this lease will prevent improper parking along Airport Drive West and will enhance the revenue 'for the airport. RECO~E~IENDED ACTION Approve the proposed lease agreement. AIRPORT LEASE THIS Airport Lease ("Lease"), is hereby made and entered into as of this day of , 1997, by and between the City of Sebastian, a municipal corporation existing under the laws of the State of Florida, ("Landlord"), and Skydive Sebastian of South Florida, Inc., a Florida corporation ("Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "Parties". WITNESSETH : WHEREAS, the Landlord is the owner of certain property within in the City of Sebastian, Indian River County, Florida, located adjacent to West Airport Drive, Sebastian, Florida ("Property"), which is being used for the operation of the Sebastian Municipal Airport ("Airport"); and WHEREAS, portions of the Property are available for use for those activities consistent with or in support of aviation activity; and WHEREAS, Tenant is currently the lessee of a portion of the Property dated August 14, 1996 ("Original Lease"); and WHEREAS, Tenant wishes to add an additional portion of the Property to the parcel currently leased by Tenant under the Original Lease ("Additional Parcel"); and I '1 I I I I i I I I I I I I i I I I I I I I WHEREAS, the Landlord has agreed to lease the Addi~iona! Parcel to the Tenant, subject to certain terms and conditions consisEent with or in support of the current aviation use of the Property; and WHEREAS, the Tenant desires to lease the same from the Landlord. NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. Recital.~. The above recitals are hereby incorporated herein by this reference. 2. L~,~sed Premise~. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the Property which is described more particularly on Exhibit "A" attached hereto and incorporated by this reference ("Leased Premises"). The Leased Premises consists of 2.462 acres approximately. Tenant agrees that Landlord shall reserve unto itself an easement, as described in Exhibit "A". 3. Term of Lease. The term of the Lease shall be for a period of seventeen (17) years commencing thirty (30) davs after 5he date which the Tenan5 executes the Lease (~he "Commencement Date") and shall end at 11:59 E.D.T. on the date of expiration of '~ng %he Lease T=~m from the the last number of years const~ first day of the ~o~ calendar mon%h Date. So long as the Tenant is not in default of any term, condition or covenant provided in this Lease, including any addendum hereto, the Tenant shall have the option to renew this Lease for one (1) additional twenty (20) year term (the "Option Term") by providing the Landlord with written notice of the Tenant's decision to exercise its option not less than one hundred eighty (180) days and not more than two hundred ten (210) days prior to the expiration of the initial term of this Lease. Ail of the terms, conveyances and conditions of this Lease shall apply during the initial and the Option Term; provided, however, the annual rent during the initial and the Option Term shall be adjusted on the Rental Adjustment Date, as described herein. 4. Ren~. Tenant covenants and agrees to pay Landlord the Minimum Annual Rent of Six Thousand One Hundred Fifty Five Dollars ($2,500.00) per acre, payable in twelve (12) monthly installments ("Rental Payments"). The Minimum Annual Rent shall commence to accrue and be due and payable on the Commencement Date. The first Rental Payment date shall be the first day of the first full calendar month and shall include a prorated amount applicable to the period from the rental commencement date to the rental payment date, if applicable. In view cf the fluctuating purchasing power of the United StaTes dollar, the parties hereto, desiring to adjust the rent hereunder to such purchasing power, agree that such adjustments ? I '1 i i I I I I I i I I I I i I I i I I I' I '1 I I I I I i I i i I I I i I i shall be made on the Rental Adjustment Dates as herein provided so as to reflect as nearly as possible such fluctuations. The parties hereto adopt as the standard for measuring such fluctuations the United States Department of Labor, Bureau of Labor Statistics, revised Index of Consumer Prices. The index for the month prior to the commencement date shall be the basic standard. The first adjustment shall be made on August 1, 2001 and shall be effective for five (5) years. Thereafter, adjustments will be made annually and will be effective for the then ensuing lease year. Rent adjustments shall be made by multiplying the Minimum Annual Rent by a fraction, the numerator of which shall be the next Index figure (such figure being the Index figure for the month immediately preceding each Rental Adjustment Date) and the denominator of which shall be the Basic Standard; and the result thus obtained shall be the then applicable annual rent to be paid in monthly installments over the ensuing lease year period. In no event shall the Minimum Annual Rent (as adjusted by the foregoing formula) for a lease year ever be less than the Minimum Annual Rent for the prior lease year. It is understood that the above Index is now being published monthly by the Bureau of Labor Statistics oz the Uniued States Department of Labor. a.~ou=c said Bureau o= Labor Statistics change the manner of com~uting such Index, the B~au~__ _~ha!i be __-~cu~red_ ~~o furnish a conuersion factor desicnated to adjusz ~ ~ ~=~,~u~ _ ~ ~..= new index{ ~o the one 2~-~n ~!'! in use and made on the basis of such conversion factor. Should 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 said 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 m~tter 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 even~ that any Rental Pa~ent due hereunder shall no~ be paid five (5) days or more when due, in addition to, and i '1 I I I I I I I i I i I i i I I I i I I' I I I I I i I I I I I I i i I I i in substitution for, any other rights Landlord may have, .... a~ shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge is ~o 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 eGceleration. To accelerate ~he 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) Partial .eccel~Fatien. In lieu of the option in Sub-paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable ~he 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 ~he obligations of the Tenant ~.s pay ren~ under the terms of This Lease for the period unaffeczed by said notice. erel! {rantec above, %he ? ~. ~ ~ ' ~ .... o_.. may exercise any ani all other options available to it hereunder, which options may be exercised concurrently or separately with the exercise of the above options. (4) Tax. Ail payments made by Tenant under this Lease shall be accompanied by any applicable sales or rental tax. 7. Improvements to the Premises. The Landlord acknowledges that the Tenant is leasing the premises for the purposes off-street parking, and that in order to utilize the Leased Premises for this purpose, the Tenant may desire to erect thereon a building and other improvements, to be constructed by the Tenant upon the Leased Premises at the Tenant's sole cost and expense and Tenant shall comply with all applicable rules, laws, regulations and requirements pertaining thereto. The work to be performed by the Tenant is set forth on Exhibit "B" which is attached hereto and incorporated herein by this reference. (1) The Tenant shall have the right to use the Leased Premises for purposes described in this Lease and shall have the right to construct upon the Leased Premises any buildings or other improvements described in Lease, provided that any such buildings or improvements 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 Federal Aviation A~inistration ("FAA") prior to commencement of any construction. The Tenan~ covenants and agrees that all such conszruction shall be in I I' I i I I I I I I I I I I i I I I I accordance with the local and state codes, regu!a~ions and requirements as well as in accsrdance with all requirements of the "FAA" Ail buildings, s~uc~es, signace and improvements shall comply with the height restrictions contained in the Federal Aviation Regulation Part 77. (2) The Tenant shall indemnify, defend and hold the Landlord harmless from any actions, claims, losses, damages or liens resulting from acts of Tenant, its agents, employees or contractors in performance of the construction of any improvements on or to the Property. (3) Tenant shall require its contractors to furnish Landlord with evidence of adequate insurance coverage prior to Tenant's contractor performing any work. In order to confirm 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. Ail buildings, structures and fixtures of every kind now or hereafter erected or placed on the leased premises shall, an the end of the ~erm or earlier termination of ~his Lease, for any reason, be and become the sn~ se left in ccc, d conoz~zcn ~,~ p~e.~rty of the Land!oro and ~ _ repair, ordinary wear and damage by the e!emen~s exceuted. 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 promptly repaired and the Leased Premises shall be fully restored to its original order and condition by Tenant forthwith at its expense. Any such personalty not removed at or prior to such termination shall become the property of the Landlord. (4) In the event the Tenant is prohibited to construct the improvements described herein, within ninety (90) days from the date hereof, by the appropriate governmental authorities having jurisdiction over the Leased Premises, for reasons not caused by and beyond the connro! of The Tenant, the requirements of Exhibit "B"shali not aptly tc this Lease. (5) Attached hereto as ExhibiE "B" is a descripEion of I '1 I i I I I I I I I I I I I I I I I all additional improvements to premises by Tenant, including the date completion required for each improvement. be constructed on the leased of commencement and In the even~ that such improvements are not commenced on the applicable date set forth in Exhibit "B", and thereafter completed on the applicable date set forth in Schedule "B" Landlord shall have the oution to amend this Lease. Such option shall be exercised within a reasonable time by written notice to Tenant. 8. Use of Leased Prem~.'ses. The Tenant agrees that no use of the Leased Premises will be allowed or conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the Leased Premises including the operation, take-off and landing of aircraft thereon, the Tenant and its agents, employees, contractors, licensees, invitees and other persons involved with the use of the Leased Premises will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the Leased Premises and the activities thereon. The Tenant agrees that the leased premises shall be used and occupied by the Tenant solely for the following purposes or uses: The operation of an off-street parking faci!i~y complying an~ ~ _ r ~n wi~h recuirements of the Sebastlan garbace dumuste loca~'^ =..~e~ within ~n Land Deve!opmen~ Code, anc' uses ~.~' ~ ' ~. IN, L~m_t industrial District, pursuan% to allowable uses "~ DistricE. Such "~s=e~~'~ uses ~ ..... ~ by ................ may only be a .... consent of the ~=~ '~ ~ ' ' ' ~em =~G .... wzICn ~ay noE unreascnaoiy withheld. ~0 Any use of the Leased Premises other than those specifically stated above are expressly prohibited. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. Ail aeronautical businesses and activities must be certified and licensed by the FAA in the appropriate categories of their specific operation. 9. Repairs and Alterations. The Landlord shall not be obligated to maintain or repair the Leased Premises or any improvements located or any part hereof thereon during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, not to be reimbursed by the Landlord, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof exterior and interior) and .the parking and service areas located on the Leased Premises, in a good state of maintenance in good working order and repair and proper 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 and 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 cf the Landlord, "~,-~ consent may be wit~ ~ =~ ~.~.~ ~ne~.~ =~ any .~ ~ , the Tenant, u~on ~ ~ ' ' ~ at its sole cost and ~m~=_.on of Ehe original improvements, I '1 I I I I I I I I i I I I I I I I I I I' I I I I I I I I I i I i I I I I i expense, may erect such additional improvements cn 5he Leased Premises as it deems appropria%e and may make such a!~erations or major renovations to the existing improvements as it deems appropriate, provided, however, that such aiserations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the al%orations or renovations shall regulations. comply with all applicable governmental The Tenant shall indemnify, 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. 10. Utilities. The Tenant shall be responsible for all utilities of whatever kind or sort, used, installed or consumed in or upon the leased premises including, but not limited to, electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the Lease Premises. The Landlord shall have no liability for failure to procure or the interruption of any such services or utilities. 11. Signs. The Tenant shall have the richt to erect and maintain such sign or signs on the~remises as may be ~e~mi~ed~ _. ~ by applicable law; provided, however, the Landlord must approve any such sians in writing prior ~o erection. The ~-~ -~ may impose ' ~ in ~= sole discre~icn ~f t~ any reasonable restrfice~cn~ =~, .... .... Landlord, a=~ deemed necessary. TenanE ~=:'- ~o mazx!ain each l£ every sign as may be approved by the Landlord in good condition and working order. 12. ~ax~s. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other charge or payment levied or assessed against the leased premises by any governmental agency having, or purporting to have, jurisdiction thereover, 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. Ail shall be paid by the Tenant on a timely basis and receipts therefor shall be provided to the Landlord upon request. 13. Liability and ProD~rt~ Insurance. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive general public liability insurance in companies acceptable to Landlord with respect to the Leased Premises, including those portions of the said premises used for driveways, walkways, and parking areas and sufficient to cover such indemnification and naming as insured both Landlord and Tenant with minimum limits of not less than $500,000.00 for injury or death of any one person and $t,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. Tenant agrees that Landlord may a!~er the minimum or maximum amounts sta~ed in the preceding sentence during the term of this Lease by resolution of the City Council of the City of Sebastian. Landlord I I' I I I I I I I I I I I I I I I I I will give written notice of any such change 5o Tenant, and such changes will take effect i~mediate!y. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. Ail policies described in this Lease shall contain an endorsement that the insurer will not cancel or materially alter the coverage of such policy or policies without giving thirty (30) days prior written notice thereof to the Landlord and shall name the Landlord as an additional insured. The Tenant's insurance policy is always primary. Tenant shall promptly deposit the original policy or policies of such insurance with the Landlord. 14. Fire and ~ten~ed Co,erase Insurance. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of fire and extended coverage insurance (broad form), as the Landlord deems necessary and appropriate, covering the Leased Premises, providing protection against any peril included within the classification "Fire and Ex~ended Coverage" and "Vandalism and Malicious Mischief". _' ' ~ k~=~, use se~ or cffe~ for Tenan~ agrees tha~ ~ sn~_~ nc~ ~, , _= ~ ,' ~-~,x Premises any article or thine which may sale iR or uco~ l~e ~~ be :rohibi~ed by zhe ~ '~ ~ .... - ~' ~ Tenan~ .~no~ ......... cz ~ire insurance ~,~cy. agrees to pay any increase in premiums for fire and extended coverage insurance that may be charged during the term of this Lease on the amount of such insurance which may be carried by the Landlord on the Leased Premises or the building(s) of which it is a part, resulting from a violation of the foregoing, whether or not the Landlord has consented to or otherwise waived the same. In determining whether increased premiums are the result of the Tenant's use of the Leased Premises, a schedule, issued by the organization in making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the fire insurance rate of the Leased Premises. In the event that the Tenant's occupancy causes any increase of premium for the fire, boiler and/or casualty rates on the Leased Premises or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises, the Tenant shall pay the additional premium on the fire, boiler and/or casualty insurance policies by reason thereof. Each year if applicable, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection wi~h ~he Leased Premises. I I I I I I I I i I i I I i I I 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 aU least an AA rating by both Moody's and Standard and Poors. Ail policies described in this Lease 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. Should the Tenant fail to obtain the requisite insurance policies as outlined in this Lease, the Landlord may obtain the insurance for the Tenant at the Tenant's expense. 15. D~m~e or .Destruction of Improve~..~nts b~ Fire o~ othe~ Casualty. In the event buildings and/or other improvements erected on the premises are destroyed or damaged by fire, Tenant 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 ~he building and other improvements on the leased premises, the _. ~= acainst any insurance sroceeds paid Land!srd ~ha!i have no ~z= io the Tenan~ on accsun~ of such damage and/or destruction nor shall the Landlord have any responsibility or cbligauion 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. (1) If the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Landlord shall have two options: (a) To continue to Lease; if the Landlord elects to continue the Lease, the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord; or (b) To cancel the Lease; if the Landlord elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of such damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (2) In the event the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the Leased Premises, the Tenant shall, at ins sole exuense, remove all remaining portions of the damaced o~ destroyed ~!dinc and improvements and all rubble or debris resut%inq therefrom. / I I I I I I I I I I i I I I I I I I I i' I I I I I I I I I I I I I I I I I 16. Indemnification. Tenant shall and does indemnify, defend the Landlord and save i~ harmless from and against any and all claims, actions, causes of action, damages, 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, contractors, licensees, and invitees, including all court costs and attorney's fees at all tribunal levels incurred by the Landlord in connection with any and all loss of life, personal injury and damage to property occurring in or about of arising or relating to, directly or indirectly in any manner whatsoever, the Leased Premises adjacent sidewalks and loading platforms or areas or occasioned wholly or in part by any act or omission Tenant, its agents, contractors, customers, principals, directors, officers or employees. This paragraph 16 shall survive the termination or cancellation of the Lease. 17. Environmental Matters. Tenant indemnify, defend the Landlord and save it against any and all claims, causes of action, shall and hereby does harmless from and lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees or indirectly from, out of or bV reason of tcxlc materials, substances, poi!u~ants, conUaminants, petroleum products, hvdrocarbons or wastes being located on The proger~¥ and resultins direcE!y i) any being caused by the Tenant or its sub-Tenants, agents, employees, contractors, licensees, and invitees. This Paragraph 17 shall survive the termination or cancellation of the Lease. 18. K~ardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Lease Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord. Tenant hereby indemnifies, defends and holds Landlord harmless from any and all claims, judgement, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Lease Premises, damages for the loss or restriction on use of rentable or usable space or if any amenity of the Leased Premises damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys' fees at all tribunal levels and whether or not suit is instituted, consultant fees and expert fees) which arise during or after the lease term as a result of Tenant's breach of the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises, or if contamination of the Leased Premises by Hazardous MaYerial otherwise occurs for which ~=~.~=~ is leg==±y liable to Landlord for damage resulting ~' ~ -~ .~ indemnifi~ ~ ~ .~ ~ne.eI_o .... This ~a~o~. ~ Landlord by Tenant includes, withcut limitanion, coszs incurred in connection I '1 I I I I I I I I I I I I I I I I i I I' I I I i I I I I I I I I i I I I i with any investigation of site conditions or anv clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Leased Premises. Without limiting the foregoins, if the presence of any Hazardous Material on the Leased Premises caused or permitted by Tenant results in any contamination of the Leased Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Leased Premises to the condition existing prior to the introduction of any such hazardous Material to the Leased Premises; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises. Landlord may cause environmental audits of the Leased Premises to be conducted during the Lease Term and Tenant will pay the cost on request. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Florida or the United States Government. The term "Hazardous Materia~'' includes, without limitation, any ma~eriai or substance ~hich is (~) deTined as a "hazarlcus was~'' under Florida StatuEes (1987); (ii)~=~ as a "ha 20 under Section 403.703 (29) Florida Statutes (1987); (iii) defined as a "toxic or otherwise hazardous substance" under Section 403.771 (2) (c), Florida Statutes (t987); (iv) defined as a "toxic substance" under Section 442.102 (21), Florida Statutes (1987); (v) petroleum; (vi) asbestos; (vii) defined as a "hazardous substance" under Section 501.065 (5), Florida Statutes (1987); (viii) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. ~ 1317); (ix) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. substance" pursuant ~ 6903); or (x) defined as a "hazardous to Section 10t of the Comprehensive Environmental Response, Compensation and Liability Act, 42, U.S.C. ~ 9601 et seq.(42 U.S.C.~ 9601). 19. 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 specific purposes identified in paragraph 8 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 Landlord may allow the Tenant to terminate this Lease. 20. Landin~ Fees. Landing or any other type of use of runway fees are specifically prohibited by this Agreement, so long as all I '1 I i i I I I I I i I I i I I i I I I I' I I i I I i I I i I I I I I I I I other Tenants of the property owned by the ~-~s~n ~ --'~ ~.~rd ~o~E~d a~ 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. Government Seizure. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and 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, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 22. Eminent Domain. Tenant hereby waives any claim of loss or damage to Tenant or right or claim to any part of the award as the result of the exercise of the power of eminent domain of any governmental body, whether such loss or damage results from condemnation of uart or portion of the Leased Premises or any part or portion of the Property. Such exercise shall not void or impair the Lease unies: the - ~ ~ such an =¼~ ~ is .............._ ~vr the Tenan~ to ~ntinue ~xe ~e_~on of _4~s business on the ~e=s=~ Pre~isae a~O UCCn then~F~-,~'~^~'nc o~ such' {,% ............ / event the Lease shall cease and possession terminate as of the date of being required by condemning authority. Nothing herein shall prevent the Landlord from seeking any and all damages sustained from the condemning authority by reason of the exercise of power of eminent domain. Tenant shall have no claim against Landlord or the condemning authority for the value of any expired terms of this Lease or otherwise. 23. Events of ~gfault. As used in this Lease, the term, "event of default", shall mean any of the following: (1) The failure of the Tenant to perform or abide by any term, provision, covenant, agreement, undertaking, obligation or condition of this Lease. (2) The Tenants failure to pay any consideration, to the Landlord, required by this Lease; (3) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (4) The Tenants abandonment of any substantial portion of the Leased Premises. "Abandonment" shall be determined by the Landlord; (5) The filing of a petition by or against the Tenant for adjudication as a bankrupt for or insolvent, under any provisions of applicable federal or state bankruptcy or insolvency laws, or an admission ~hat it cannot meet its financial obligations as they become due, or the appointment cf a receiver or trustee for all or I '1 I I I I I i I I I I i I I I I I i I i' I I i I I I i I I I i I i i i substantially all of the assets of Tenant. (6) 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; (7) Any act of Tenant or Tenant's agents, representatives or employees 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 indebUedness 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 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. Ail 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 or by filing a bond, or otherwise, as permitted by law. The Tenant shall nou be deemed to be ~he agen~ cf the Landlord so as to confer upon a laborer bes~ow~c~ _~. labor ~ the leased uremises, a mechanis's ilen uTon ~he Landlord's esuate under 24 the provisions of the Florida Statutes, or any subsequen~ revisions thereof; (8) The liquidation, termination, dissolution or (if the Tenant is a natural person) the death of the Tenant or all Guarantors of the Tenant's obligations hereunder; (9) The Tenant's failure 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. 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 pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days, from the date notice is sent by the Landlord, within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (i0) days, from the date notice is sent by the Landlord, within which to remedy such default by paying all rent due. 24. identity of Interest. The execution of ~his Lease or the perfo_~.ance of any act pursuan~ ~o ~he provisions hereof shall not be deemed or construed to have Uhe effect of creating between the I '1 I I I I I I I I I i I I I i I I i I I I i I i I I I I I I I I I i I i Landlord and the Tenant the reia~ionship of princiua! 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. 25. Notices. a~ Re~ort~. Any no~ice, 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: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Tenant: Skydive Sebastian of South Florida, Inc. 400 Airport Drive West Sebastian, FL 32958 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. Tenant shall promptly pay all rentals and other charges and render all statements herein prescribed at Landlord's Address, as set forth above, or to such c~her person or corporation, and at such cEher place, as may be designated from ~ime to Eime by Landlord in writing. If Landlord shall pay any monies or incur any expenses in correction of any violation of any covenant, undertaking, or agreement of Tenant as is set forth in this Lease, the amounts so paid or incurred shall, at Landlord's option and on notice to Tenant, be considered additional rent payable by Tenant with the next installment of rent thereafter to become due and payable and may be collected or enforced as by law provided in respect to payment of rent. Ail payments due under this Lease shall be made, at Landlord's option, in cash (United States currency) or by cashier's check issued by a national banking association located in Indian River County; all checks shall be received subject to clearance. 26. 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; (b) 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 (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 I '1 I I I I I I I I I I I i I i i I I I I I i I I i I i I I i i i I I I 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. 27. Ownership of,,,~radq F~tures,, Signs and Personal P=,operty. At the expiration of the Lease, any trade fixtures, 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. 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. 28. Height Restrictions. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural g~ow~h and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, Stake laws and local ordinances, rules and regulations now existing and hereinafter promutga%ed. The Tenant expressly agrees for i%self, 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 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. 29. Nondiscrimination. The Tenant for itself, its personal representatives, successors in interest 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 otherwise 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 ~he grounds of religion, gender, marital I I I i I I i i I I I i I i i I i I I I i I I I i I I I I i I I i i I I 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, and the Americans with Disabilities Act. 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 diligently 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. Landlord represents and warrants that the leased premises is zoned AI (Airport, Industrial), pursuant to the applicable governmental ordinances. 30. Additional Rights of Landlord. The Landlord shall have the o~tion, without waiving or im~airinc any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. 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 revenues, 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 Ehe same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the i I i I I I I I I I I i I I i i i I I I i I I I I I Tenant or any trustee or receiver appointed for the Tenant's 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 has adopted an Airport Master Plan and the Tenant covenants that it will use the leased premises to be consistent with the Airport Master Plan. The Tenant shall not allow its occupancy or use of the lease premises to constitute or become a public or private nuisance. 32. Entire A~reement. 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. 33. 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 be withheld for any reason. If ~he Landlord consents, in writing, to the assignment, subletting cr o~her ~ransfer 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. 34. Bindin~ Efface. 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. 35. A~DDlicable Law/Venup. 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 Federal law. 36. AttorDey~...Fee~. 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. 37. Time ~f the Essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that time of payment of performance is of the very nature and essence hereof. 38. ~. In _no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above wri5ten. I '1 I I i I I I I I I i I I I I I I i SKYDIVE SEBASTIAN OF SOUTH FLORIDA, iNC. By: Andrew Grimwade, President Approved as to Form and Content: Vaierie F. Settles, City Attorney CITY OF SEBASTiA}[ A Municipal Coruoration Existing under the laws of State of Florida Thomas W. Frame City Manager ATTEST: Kathryn M. O'Ha!!oran CMC/AAE EXHIBIT "A" LEGAL DESCRIPTION OF 2.462 ACRE TRACT AND MAINTENANCE EASEMENT TO BE INCLUDED 35 I I I I I I i i I i I I I I I i I I I I I I I I I I I I I I I I I I I Exhibit "B,, This Exhibit "B" is a part of that certain Lease between the CITY OF SEBASTIAN and SKYDIVE SEBASTIAN OF SOUTH FLORIDA, INC., dated for Leased Premises at the Sebastian Municipal Airport. Listed below are the description of each improvement to be constructed by Tenant on the leased premises and the required dates of commencement and dates of completion for each such improvement: Description of Improvement Parking Lot Comprised of 20 Paved Spaces & 6 Grass Surface Parking Spaces D~ate of Com~.encement Within 90 Days of Execution of Lease Agreement Date of Completion Within 180 Days of Execution of Lease Agreement Stormwater Management System Within 90 Days of Execution of Lease Agreement Within 180 Days of Execution of Lease Agreement 36 '1 Q It':,, ~1. ~ I I 9.1 : oo · ..: .~..:~ ~'"' ,,,(.. -.-~. :~ . ,4. -. / ),x.;'....... .. "- '.:: :...:......: . . .'.:: ' ~.i' "' :-.-:'-::.:~...:...' ?...'.!:"-'~? :?.:;.'~t':".:;'"::: -;..-'-~!:;-:--:".:' ~:-,,.:~"--'.-. ~<' ':-':.-.' ..... k?d:':.::t~-. ¥' ~. :' Y-'~'_'. :-~::" S::;/;.,~5.~; .-?4.-'.-' I I I i I Subject: Approved for Submittal by: City Manager City of Sebastian, Florida Disposal of old concrete Agenda No. ~?. Department Origin: City Manager Date Submitted' February 28, 1997 FOr Agenda of March 5, 1997 EXPENDITURE REQUIRED: AMOUNT BUIX~ETED: APPROPRIATION REQUIRED: none none 'none SUMMARY STATEMENT Currently located at thc Public Works yard is a large amount of broken concrete (waste) that needs to be dispose&. Thc City needs to move the material fxom the yard and we are currently reviewing any use for which the mterial would be needed by the City. At the same time, the City has been approached by a representative of New Horizons Mobile Home Park located at 100 99* Street. They have indicated that if the City wanted to dispose of the material at their location, they would be most happy to receive the material. Inasmuch as the disposal of the material at the county landfill costs the city between $250 to $300, any disposal that would not require payment by the City is a direct savings to the City. RECOMMENDED ACTION Authorize the City Manager to dispose of concrete debris by providing the material to anyone who would allow the City to dispose the material at no cost if the City has no specific use for the debris.