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04101996
City of Sebastian 1225 MAiN STREET c~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA SEBASTiAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 10, 1996 7:00 P.M. OR SOON THEREAFTER (FOLLOWING 6:30 P.M. BOARD OF ADJUSTMENT) CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, 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 provided prior to the meeting - limit of ten minutes per speaker (R-95-33) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - No One Available ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-$3) 96.063 96.064 3 96.065 5 PROCLAMATIONS AND/OR ANNOUNCEMENTS Proclamation - Confederate History Month - April - Sons of Confederate Veterans & United Daughters of Confederacy - Commander Fred Mensing Accepting Proclamation - March for Parks Weekend - Friends of St. Sebastian River - April 20, 1996 - Tim Glover, President Accepting Fair Housing Month and American Home Week - Realtors Association of Indian River County - April and April 21-27, 1996 - Chuck Emory Accepting 7. QUASI-JUDiCIAL PUBLIC HEARING. FINAL ACTION Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39): Mayor Opens Hearing-Outlines Rules City Attorney reads Ordinance or Resolution (if Applicable) Clerk Administers Oath Disclosure of Ex-Parte Communication Staff Presentation Applicant Presentation - 15 Minutes Inquiry of Applicant Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Proponents Opponents' Presentation. Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Opponents informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Closing of Public Informational Period Staff Response and Summary - I0 Minutes Applicant's Rebuttal Presentation - 10 Minutes Board and Staff lnquiry 2 96.026A 7-35 96.066 37-48 RESOLUTION NO. R-96-23 - Sebastian Lakes - Amendment to Development Agreement - Continuation of 3/27/96 Hearing (City Manager Transmittal 3/7/96, Proposed R-96-23, Agreement, Location Map, City Manager Letter to Howse) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR, AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES, INC. ("PTC") AND LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP ("LENNAR"), THAT AGREEMENT BEING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABFLITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Legal Notice Advertisement 2/7/96, 1st Hearing 2/14/96 Continued to 2/28/96, Readvertised 2/22/96 and 2/23/96, 2/28/96 Hearing Continued to 3/13/96, Readvertised 3/20/96 and 3/22/96, 3/27/96 Hearing Continued to 4/10/96, Readvertised 4/3/96, Hearing 4/10/96) RESOLUTION NO. R-96-28 - God's Little Acre - Minor Subdivision Plat (Community Development Transmittal 4/3/96, R-96-28, Application, Plat Under Separate Cover, P & Z Memo 2/16/96, Masteller Letter 2/13/96, Williams Memo 4/3/96, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDMSION PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT OF GOD'S LITTLE ACRE, A REPLAT OF TRACT F, SEBASTIAN HIGHLANDS UNIT 17, CONSISTING OF 3.13 ACRES, MORE OR LESS, LYING IN SECTION 19, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 3 96.026B 49-60 PUBLIC HEARING. FINAL ACTION The normal order ofbusiness forpublic hearings (R-95-33) is as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input Staff Summation Mayor Closes Hearing Council Action Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council. ORDINANCE NO. 0-96-09 - Sebastian Lakes Transfer and Vacation of Real Property - Continued from 3/27/96 (City Manager Transmittal 3/7/96, 0-96-09, City Manager Letter to Howse, Location Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF CERTAIN REAL PROPERTY IN THE CITY OF SEBASTIAN; AUTHORIZING THE TRANSFER AND EXCHANGE OF CERTAIN REAL PROPERTY IN THE CITY OF SEBASTIAN TO ALIGN PROPERLY ROSELAND ROAD SOUTH OF C.R. 512; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 2/16/96, Advertised Legal 2/16/96, 2/28/96 Hearing Continued, Readvertised 3/2/96, 3/13/96 Hearing Continued, Readvertised 3/18/96, Hearing 3/27/96, Readvertised 4/1/96, Hearing 4/10/96) 4 61-76 96.067 7%78 10. 96.068 79-80 12. 13. 96.069 81-83 96.070 85-86 96.071 87 96.072 89-94 CONSENT AGENDA AH 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 - 3/27/96 Regular Meeting Steven Woodworth - Request Use of Conununity Center - Wedding Reception - 4/20/96 - 3 pm to 11 pm - MB - Security Pd (City Clerk Transmittal 4/2/96, Application) PRESENTATIONS COMMITTEE REPORTS/RECOMMENDATIONS A. Construction Board Accept Resignation of Nicholas Messina (Community Development Transmittal 3/21/96, Messina Letter) OLD BUSINESS NEW A. BUSINESS Gift to the Sebastian Golf Course from Edna Willey - Restroom Improvements (City Manager Transmittal 4/4/96, Oberbeck Letter 3/25/96) Purchase and Installation of Computer Network System for Building Department - Waiver of Sealed Bid Procedure - State Contract - Compaq - $10,051.50 (City Manager Transmittal 4/4/96, Exhibit A) Purchase John Deere Tractor for Golf Course - Waiver of Sealed Bid Procedure - State Contract - $12,613.01 (City Manager Transmittal 4/4/96) Purchase of Used Mower for Golf Course - Waiver of Sealed Bid Procedure - $7,200.00 (City Manager Transmittal 4/4/96, Exhibit A) 14. INTRODUCTiON OF NEW BUSINESS FROM TI:IE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 15. CITY COUNCIL MATTERS A. Vice Mayor Walter Barnes B. Mrs. Norma Damp C. Mr. Raymond Halloran D. Mr. Richard Taracka E. Mayor Louise Canwdght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pril is the month in which the Confederate States of America began and ended their four-year struggle for a sovereign and independent nation; and WHEREAS, our state constitution sets aside April 26 as a day to observe and honor the memory of those who lost their lives in the Civil War; and WHEREAS, in proportion to its population, Florida contributed more soldiers and sailors to the Confederate services than any other state; and WHEREAS, all Florldians should be knowledgeable of the history of the Civil War battles fought here, !ncluding those at Olustee and at Natural Bridge; and ~ WHEREAS, we study the war between the blue and the gray for the same reason we study all wars, with a view to understanding the historical events which compelled them, so we may continue to learn to live together and seek to avoid future conflicts; NOW, THEREFORE, I, Louise R. Cartwright, by the authority vested in me as Mayor of the City of Sebastian, Florida, do hereby designate April 1996 as FLORIDA CONFEDERATE HISTORY MONTH and urge all residents to engage in historical study of the events of 1861 to 1865 and to solemnly contemplate that time. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 10th day of April, 1996. Louise R, Cartwright, Mayo~ ATTEST: Kathryn 1~. ~) Halloran, City'(~l~r~ PROCLAMATION MARCH FOR PARKS WEEKEND APRIL 20, 1996 WHEREAS, April 20, 1996 has been established as "March for Porks Weekend"; and WHEREAS, the purpose of orgcmizing March for Porks Da7 was to plan a ncrtionwtde demonstration of public concern over the perilous condition of the nation's pork.~ crud public spaces; and WHEREAS, these events will not only rcdse awareness, but also necessary funds for pork improvement, protection, crud education projects benefiting national, state, crud local public porks; crud WHEREAS, those participating in MaTch for Porks ore demonstrating [hal they ore committed to protecting crud revitalizing our nattonctl treasures for generations to come; (:md WHEREAS, everyone must become fornilicn' with [he environmentcd consequences of their c~ctions and the impact it will hcrve on future generations; {:md WHEREAS, the Friends of St. Sebastian River is sponsoring (i March for Porks event on April 20th; mad WHEREAS, tho March for Porks event will take place on North Jungle Trail; crud WHEREAS, the fund~ raised will specifically benefit the Peliccm Islcmd National Wildlife Refuge crud Donald McDonald Pork, both in Indian River County, Florida; crud WHEREAS, the March for Pork coincides with the dedication of Jungle Trcdl as c~ historic road in Indian River County. NOW, THEREFORE, I, THE MAYOR OF SEBASTIAN, do hereby proclaim April 20, 1996 (is "MARCH FOR PARKS WEEKEND" in Seb(isticm crud call upon the residents of this city to observe cmd participate in this day, as well as the days ahead, with sensitivity crud respect for the nation's precious porks crud public spaces. IN WITNESS WHEREOF, I have hereunto set my hcmd and cdfixed the seal of the City of Seb(isttan, Indicm River Cotmty, Florida this 10th day of April, 1996. ' I.~utse R. Oortwright, Mayov/_J Kalh,ryn M,.~ O'Hallorcm, City Clerk I I ' I i WHEREAS, Americans enjoy the freedom to own private property and the rights to usc or transfer it as they see fit; and WIIEREAS, with this ownership comes the nccd to protect our private property rights; and WIIEREAS, with these rights often comes the desire to improve property - whether homes, farms, shopping centers, industrial parks or office buildings - and by so doing, enhance the value of such property; and WHEREAS, the citizens of Indian River County should be mindful of this value, not onl~ /[ :/~.~ monetary sense, but in the sense of the inherent worth of property as it pertains to the enjoyment ~t'ltve ~) locally; and ~ WIIEREAS, each year REALTORS - members of the local REALTORS Association, call attention to the importance of private property rights by celebrating AMERICAN HOME WEEK; and WHEREAS, this month the REALTORS Association of indian River County will emphasize thc value of home ownership and other property ownership within thc community; and WltEREAS, the strength of our nation flows from the promise of individual equality and freedom of choice; and , WHEREAS, the REALTORS Association of Indian River County also proclaims April as Fair Housing Month; and WHEREAS, we must as individuals and as a people, take a stand to make equal opportunity for all, including equal opportunity in housing, a reality in our community; and WlIEREAS, barriers that diminish private property rights and limit thc options of any citizens will ultimately diminish the rights and limit the options of ail; NOW THEREFORE, I, Louise R. Cartwright, Mayor of thc City of Sebastian, do hereby proclaim April as "Fair Housing Month" and April 2 I-;t7 as "American Home Week". The REALTORS Association of Indian River County promotes the spirit and the letter of the Fair Housing Law by presenting activities and programs which acquaint thc community at large and our individual members with the tenets of equal housing opportunity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed thc seal of thc City of Sebastian, Indian River County, Florida this lOth day of April, 1996. Louise ~,. ~ight, Mayor (.3 ATTEST: Kaihryn M/O'Halloran, City Clerk City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Public Hearing Regarding a Proposed Resolution R-96-23 Authorizing the Mayor & City Clerk to Sign on Behalf of the City an Agreement Between the City of Sebastian/PTC Enterprise, Inc. & & Lennar Northeast Partners Limited Partnership Being an Amendment to the Developer Agreement Between the the City of Sebastian and Sebastian Lakes Associates Approval For Submittal By: City Manager ~~ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. Dept. Origin: City Manager Date Submitted: 03/07/96 For Agenda Of.' 03/13/96 Exhibits: 1. Proposed Resolution R-96-23 2. Proposed Agreement 3. Location Map 4. Copy of Letter addressed to Mr. Ron Howse, from City Manager EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY This is a continuation of a proposed request that was continued mutually between the City Council and Mr. Ron Howse, representing the interest of his clients. At the time these were outstanding issues associated with easements and legal descriptions specifically for Florida/~ Power & Light, Indian River County and City of Sebastian. I have enclosed a copy of a letter which I have addressed to Mr. Howse, which outlines in essence that those matters need to be resolved before City Council takes further action on this matter. If by the date of the Council Meeting, on March 13,1996, these matters are in fact not resolved, it would be my recommendation that this matter be deferred for further consideration. RECOMMENDATION If all matters as outlined in my letter to Mr. Howse have been resolved, and if the Council is in agreement with all other issues that the matter be approved. If these issues as outlined in the Manager's letter are not resolved then this matter should be continued. RESOLUTION NO. R-96-23 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF TI:IE CITY, AN AGREEMENT AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES, INC. ("PTC") AND LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP ("LENNAR"), THAT AGREEMENT BEING AN AMENDMENT TO TI][E DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES, I - A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF TIlE IRECORDED AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT I II]IEee; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. WItEREAS, the City of Sebastian (the "City") and Sebastian Lakes Associates, (the "Developer") entered Jato a Development Agreement on February 9, 1994 by adoption of Resolution No. R-93-62, to develop real property under the provisions of 163.3220 and 163.3243, Florida Statutes, and the Florida Local Government Development Agreement Act; and WffEREAS, the Development Agreement required the Developer to construct improvements to Laconia Street and those improvements are found to be deficient in design and construction; and WI-IEREAS, Lennar and PTC have obtained interest ja the subject property; and WHEREAS, Lennar is the owner of all of the subject property described in the Development Agreement less the PTC property. Development Agreement less the PTC property. WItEREAS, the City will not issue development approvals to PTC or Lennar unless and until the deficiencies and construction of Laconia Street and its drainage system are corrected and Roseland Road is constructed to the satisfaction of the City; and WItEREAS, the City of Sebastian has negotiated an Agreement amending the Development Agreement; and WltEREAS, the Planning and Zoning Commission for the City of Sebastian, in accordance with 163.3225, Florida Statutes, conducted a public hearing on the proposed Agreement at a Special Meeting on February 8, 1996; and WI-IE~S, the City Council of the City of Sebastian, in accordance with 163.3225, Florida Statutes, conducted a public hearing on the proposed Agreement, and, subsequent to deliberation, has determined that it would be in the best interest of the City of Sebastian and its citizens, and in furtherance of a valid municipal purpose, for the City of Sebastian to enter into the Agreement with PTC Enterprise, Inc. and Lermar Northeast Partners Limited Partnership. NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ~ CITY' OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the Agreement amending the Development Agreement with PTC Enterprises, Inc. and Lennar 2 Northeast Partners Limited Partnership, the proposed Agreement having been attached to this Resolution as Exhibit "A" and by this reference is incorporated herein. ~ RECORDING AND SUBMITTAL. The original Agreement shall be forwarded by the City Clerk to the Clerk of the Circuit Court for Indian River County for recording. A copy of the recorded Development Agreement shall be submitted to the Florida Department of Community Affairs by the Director of Community Development. CONFLICT. All resolutions or parts of resolutions in conflict herewith Section 3. are hereby repealed. Section 4. SEVERABiLITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. upon'ks adoption. The foregoing EFFECTIVE DATE. This Resolution shall take effect immediately Resolution 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 Resolution duly passed and adopted this __ ,1996. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Louise R. Cartwfight, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 4 day of This Agreement made this day of , 1996, by and among PTC ENTERPRISES, INC., hereinafter referred to as "PTC", LENNARNORTHEAST PARTNERS LIMITED PARTNERSHIP, hereinafter referred to as "Lennar- and the CITY OF SEBASTIAN, a Florida Municipal Corporation, hereinafter referred to as "City". RECITALS: WHEREAS, the City and Sebastian Lakes Associates, hereinafter referred to as "Developer" entered into a Developer's Agreement, hereinafter referred to as the "Development Agreement" on February 9, 1994, to develop the real property (property) described on Exh£bit "A" to the Developer's Agreement under the provisions of Sections 163.3220 to 163.3243, Florida Statutes, and the Florida Local Government Development Agreement Act; and, WHEREAS, the Developer's Agreement required the Developer to construct Laconia Street as a two lane facility from Grandeur Avenue to Fellsmere Road; and, WHEREAS, the Developer undertook the construction of such street, but there are deficiencies in the design and construction of such street and its drainage system; and, WHEREAS, Lennar and PTC acquired their respective interests in the property described in Exhibit "A" and Exhibit "B" attached hereto as successors in interest to the Developer; and, WHEREAS, PTC desires to obtain the development approvals to commence construction on the "PTC Property" which is described in Exhibit "B" attached hereto subject to the Developer's Agreement; and, WHEREAS, Lennar is the owner of all of the property described in Exhibit "A" to the Developer's Agreement less the PTC Property (the "Lennar Property"). WHEREAS, the City will not issue development approvals to PTC or Lennar unless and until (a) the deficiencies and construction of Laconia Street and its drainage system are corrected, and (b) Roseland Road is constructed to the satisfaction of the City; and, WHEREAS, In order to obtain development approvals for their respective projects, PTC will build Roseland Road and Lennar will convey to the city the additional property to build Roseland Road, and the construction on Laconia Street is to be divided as follows: (1) PTC will undertake the construction of Laconia Street at the intersection of Roseland Road, and (2) Lennar will undertake all improvements to Laconia Street (other than the part to be improved by PTC), including any necessary drainage for Laconia Street; and, WHEREAS, the parties desire to reduce to writing their understanding and agreements, IT IS, THEREFORE, agreed as follows: 1. Recitals. The Recitals in this Agreement are true and correct and are incorporated by reference. 2. Lennar Construction of Laconia. Lennar shall reengineer and reconstruct Laconia Street and drainage facilities for Laconia Street in accordance with the Approved Lennar Plans from Grandeur Avenue to Fellsmere Road except for the improvements shown in Exhibit "C" (which are the improvements required to be constructed by PTC in order to connect and align Laconia Street with the newly constructed Roseland Road, which improvements are addressed in paragraph 3 hereof and referred to herein as the "PTC Laconia Street Improvements." All other improvements made to Laconia Street pursuant to this paragraph 2 shall be referred to herein as the "Lennar Laconia Street Improvements.") The reconstructed road shall include construction of an adequate surface and subsurface drainage system to build and maintain the road. The reengineering shall include the collection and analysis of geotechnical and materials information, including but not limited to asphalt and base course thicknesses with full gradation testing of the existing pavements on both the northbound lane and the twelve foot (12') wide southbound lane. Soil testing shall be performed to determine the suitability of the sub-base material for the roadway support. The reengineering analysis must include alternate pavement remediation plans including groundwater controls. The new roadway must meet standards outlined in the City of Sebastian Land Development code, Article XVII, Required Improvement and Design Standards. Lennar will submit revised engineering plans (the "Lennar Plans") and technical information to the City Engineer within sixty (60) days of the execution of this Agreement. The revised engineering plans and reconstruction of Laconia Street and its drainage facilities must be approved by the City Engineer (the "Approved Lennar Plans"). The new roadway and drainage facilities must be reengineered and substantially constructed by Lennar within two hundred fifty (250) days from the date the Lennar Plans are approved by the city Engineer. The City's Engineer will inspect the road and drainage facilities within fifteen (15) days after notice from Lennar that the road and drainage facilities are completed. Lennar will correct any deficiencies within thirty (30) days if the city's Engineer finds any such deficiencies from the Approved Lennar Plans. Lennar will post a Performance Bond in the amount of ($ with the city to secure the performance of its obligations under this Agreement. The Performance Bond must be approved by the city Manager and the City Attorney. Such Performance Bond must be issued by a surety which is authorized to do business in the State of Florida. Such surety shall be named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. Ail bonds signed by an agent must be accompanied by a certified copy of the authority for the agent to act for the surety. On completion of all improvements and prior to the release of the performance bond, the engineer of record for Lennar shall provide an affidavit indicating that all improvements have been constructed in accordance with the Approved Lennar Plans. Upon delivery of such affidavit and the completion of the improvements to t~e satisfaction of the city, then either (a) if the PTC Laconia Street Improvements have been completed, the city shall accept the Lacohia Street improvements into its permanent maintenance program, or (b) if the PTC Laconia Street Improvements have not been completed, the City shall agree to accept the Lennar Laconia Street Improvements into its permanent maintenance program upon completion of the PTC Laconia Street Improvements. The completion of the Lennar Laconia Street Improvements will be deemed satisfactory to the City if Lennar causes all deficiencies from the approved Lennar Plans identified by the City's engineer during his inspection to be corrected to the reasonable satisfaction of the City. 3. ~T~ CQns~ruction of Laconia. PTC will undertake the construction of Laconia Street at the intersection with Roseland Road in accordance with the plans and specifications which are attached as Exhibit "C." The plans and specifications for the PTC Laconia Street Improvements attached hereto as Exhibit "C," together with the Approved Roseland Road Plans (as defined in paragraph 5 below) shall be collectively referred to herein as the "Approved PTC Plans." PTC will apply for a building permit and all subdivision approvals as soon as possible after the execution of this Agreement. PTC shall substantially complete its improvements to Laconia Street within 210 days after the issuance of a building permit, by the City of Sebastian. The City's Engineer will inspect the road and drainage facilities within fifteen (15) days after the road and drainage facilities are completed. PTC will correct any deficiencies within thirty (30) days if the City's Engineer finds any deficiencies. PTC will post a Performance Bond in the amount of ($ with the City to secure the performance of its obligations under this Agreement prior to issuance of the building permit. Such Performance Bond must be approved by the city Manager and the city Attorney. Such Performance Bond must be issued by a surety which is authorized to do business in the State of Florida. Such surety shall be named in the current list of "Companies ~olding 3 Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. Ail bonds signed by an agent must be accompanied by a certified copy of the authority of the agent to act for the surety. On completion of all the PTC Laconia Street Improvements and Roseland Road and prior to the release of the performance bond, the engineer of record for PTC shall provide an affidavit indicating that all of the PTC Laconia Street Improvements and Roseland Road have been constructed in accordance with the Approved PTC Plans. On completion of the PTC Laconia Street Improvements and Roseland Road in accordance with the Approved PTC Plans, the City will accept such improvements into its permanent maintenance program. 4. Right of Wsy Deeds an~....Easement~. PTC shall dedicate utility easements to Indian River County in a form approved by the CoUnty to provide for public water and wastewater facilities as described in Exhibit "D." PTC will dedicate drainage easements to the City for the drainage of Roseland Road as described in Exhibit "E." The easements shall be in a form approved by the City Engineer and the City Attorney. 5. Roseland Road. In accordance with the Developer's Agreement, PTC will construct for the City a two lane road with turning lane and drainage facilities known as Roseland Road from Fellsmere Road (C.R. 512) to Laconia Street within 210 days after the building permit is obtained by PTC. The roadway and drainage facilities will be designed and constructed in accordance with good engineering practice and the plans PTC has submitted to the City shown as Exhibit "F" (the "Approved Roseland Road Plans"). The City's Engineer will inspect the road and drainage facilities within fifteen (15) days after the road and drainage facilities are completed. PTC will correct any deficiencies within thirty (30) days if the City's Engineer finds any deficiencies. 6. R~location of Roseland Road. The right of way on the property for Roseland Road must be relocated to align properly with the Roseland Road right of way north of C.R. 512. Lennar will convey to the City the real property described in Exhibit "G" and quit~.claim to PTC the real property described in Exhibit "H" simultaneously with the City's vacation of the real property described in Exhibit "H," the City's quit-claiming the real property described in Exhibit "I" to PTC, and the payment by PTC to Lennar of certain sums of money, the amount of which is set forth in a separate unrecorded agreement between Lennar and PTC. 7. Joint Cooperation. PTC and Lennar acknowledge Laconia Street provides access to occupied residential units. Access to the residential units must be maintained at all times during construction. PTC and Lennar must cooperate in engineering, scheduling and conducting the construction of the roadway and 4 drainage improvements for Laconia Street and Roseland Road in order to provide for the maintenance of traffic, maximize public safety, and minimize public inconvenience. PTC and Lennar, within ten (10) days of the execution of this Agreement, shall provide the City a written plan coordinating and scheduling the engineering and construction which will accomplish these objectives. This plan must be approved by the city Engineer (Masteller & Moler, Inc.) prior to the commencement of constr~ction of any road or drainage improvements. The City Engineer shall approve the plan within thirty (30) days of the date it is submitted. If the City Engineer does not disapprove the plan within such thirty (30) day period, it shall be deemed approved by the City Engineer. If the date of approval is more than ten (10) days after the date of submittal, the time for completion of the Lennar Laconia Street Improvements will be extended by the number of days in excess of ten (10). The cos% of implementing the plan shall be split equally between PTC and Lennar. PTC and Lennar's compliance with the plan after approval by the City Engineer is considered a material duty obligation of each under this Agreement. 8. Completion of Improvements. PTC must complete all of the improvements for which PTC is responsible on Roseland Road and the PTC Laconia Street Improvements and the final plat for Tracts 1 and 2, described in Exhibit "B", must be accepted prior to the issuance of a certificate of occupancy for any part of the PTC Property. 9. Separate ResponsibilitY. PTC and Lennar will be responsible for carrying out their respective duties and responsibilities under this Agreement, but shall not be responsible for fulfilling the duties of any other party under this Agreement. 10. Notice Provision. Ail notices, requests, consents, and other communication required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, or sent by overnight carrier (such as Federal Express) addressed to: IF TO PTC Patrick T. Christiansen, President PTC Enterprises, Inc. 12th Floor Citrus Center 255 South Orange Avenue (32801) Post Office Box 231 Orlando, FL 32802-0361 IF TO LENNAR Lennar Nor~heast Partners, Partnership c/o Lennar Partners, Inc. 600 Peachtree Street, Suite 3500 Atlanta, GA 30308 Limited WITH A COPY TO: Rubin, Baum, Levin, Constant, Friedman & Bilzin, P.A. 2500 First Union Financial Center Miami, FL 33131 Attention: Audrey Ellis, Esquire IF TO THE CITY: city of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 11. Building HeiGht. Lennar and PTC aqree to limit the building height on the real property described in Exhibits "A" and "B"-to a maximum of thirty-five (35) feet. 12. Amendment to DeveloDe~.$..Aqreement. This Agreement constitutes an Amendment to the Development Agreement dated February 9, 1994, and any provisions of that Agreement which are not specifically amended in this Agreement shall remain in full force and effect. In the event of any inconsistency between the provisions of this Agreement and the Developer's Agreement, the provisions of this Agreement shall govern and control; 13. Severabilit¥. If any provision of this Agreement is held to be invalid or unenforceable by a Court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect. 14. Entirety: This Agreement represents the entire understanding and agreement between the parties and no other agreements, either oral or written, exist between the parties. 15. Ef$~Qtive Date. This Agreement shall be effective upon its execution by all parties. IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year'first written above. ATTEST: CITY: THE CITY OF SEBASTIAN Kathryn M. O'Halloran CMC/AAE, City Clerk By: Arthur L. Fir%ion, Mayor 'Approved as to Form and Content: Clifton A. McClelland, City Attorney PTC ENTERPRISES, INC. BY: Title: Jr. LENNAR PARTNERS , PARTNERSHIP NORTHEAST LIMITED By LENNAR HOLDINGS, INC · , Partner NORTHEAST General By: Mark P. Griffin Vice President ATTAC~TM_ENT "A" LEGAL DESCRiPTiON FOR 01EERALL TRACT A PORT_~J CF TRACTS "A" _%=~ID :'$", ACCORDING TO THE R-...O~D PLAT OF SEEASTZAi'~ LAKES UNiT ONE, AS RECORDED !N PLAT BOOK i2, PAGES !! AND i!X, CF THE ?UBLLC RECORDS OF ~NDIAN ROVER COUNTY, FLORIDA, TCGETi~i~ WiTH PORTIONS OF ~r~~~_.:~ ~,,~..==~,-~'~_~.n~_,.~=~:~uv OF LACONIA STREET AHD RCSEL~ND RO~, MORE PARTICULARLY DESCRIBED AS: :v,z~r~-.,z,- AT 'zi'E ~Tmo~u==~-z MOST CORNER OF TRACT ........... = ~n ...... ~ ....... ; T~ENCE RUN WZSTI:iARELY ALONG THE SOUTH LiNE OF FELLSMERE ROAD, ~KdZCH iS ALSO ~?r~; ......... ~zC~m~ LiNE OF TRACT "A", A BEARING OF SOUTH 27 =~"_. WEST A ~==~-~'~r~=.~_:,.~- CF~u4"~ .29 FE='~-T TO THE~ EASTWARDLY RiGHT-OF-WAY LiNE OF ~..~Y~ ROAD; THENCE RUN SOUTH 52°zo'i$" EAST ALONG SAiD ~no~,~ ...... ~ x_=n~-OF-wAz A DIST.~NCE OF 729 ua FEET TO ~ POINT OF CURVATURE; RUN TA~NCE ALONG SAiD CURVE TO THE LEFT WiTH SAiD CURVE ......... - - .. m- ° ~39" ~:?~n 2 ?_~DiUS OF 3~ 00 :EmT, ~ CHORD BEARING OF NOR~ 63 39 iHT, * TO EAST, A CHORD DiSTanCE OF 62.95 F'~ A LENGTH OF 78.~7 FEET, THE WESTERLY RiGHT-OF-WAY LiNE OF LACONIA STREET; THENCE RUN NORTH 00~ 24 ' 25" WEST A. DiST~=NCE CF 1225 · 46 F=E"V T,' THENCE RUN SOUTH ~,. .... =~'~'%3" WEST ..: D!ST~~NCE OF 16.20 F=-;~.E~ TO THE POINT OF BEGiNNiNG ...... u~'=.__:~ 9 ~6 ACRES, MORE OR LESS. ATTACHME~TT LEGAL u;o,_R_~;lON FOR TRACT = ~==,=~ 'CT ~xA~=S A=ND " ACCORDING TO THE RECORD PLAT OF ==~T~ LAXES UNiT ........ ~N:, RECORDED iN OLn~ BOOK 12, PAGES ii AND ..... ~: OF '~E~ - PUBL£~- RECORDS OF iNDIA~[ RIVER CO0~T¥, FLORIDA, ....... r~=au~o OF VACATED RIGHT-OF-WAY OF LACONIA STREET CO~C'-"ENCi-~IG AT T'i{E NORTHERLY MOST CORNER 0F TP~CT "A'' THENCE ,'-c'-,'~,~-~ ~-N~ 0F FELLSMERE ROAD, WHICH !S ALSO -'~.~=.~-=~ ALONG TEE SOUTH ~ ~%'Z v~m-- r=',~v C:F T~CT "A" ~ BEARING OF SOUTH 37'~3'45' WEST, ~=STAE'TCE~ OF~'~" ~ . 72 FEET TO THE ~OiNT OF BEGiNNiNG; THENCE ~'~=~-~,~ -_~ SA~D SOUTHERLY RIGHT-OF-WAY SOUTH 37~43 45 WEST A DISTICH CF 590.57 FEET TO T~E EASTWARDLY RIGHT-OF-WAY LiNE OF ROSEL~ND RC~L THENCE RU~ SOUTH 52~16' i5" EAST ALONG SA~D EASTW~LY RIGHT- -.~g~ A DiSTE~YCE CF 729.24 FEET TO A POINT OF CURVATURE; RUN TI{El<CE ALONG SA~D CURVE TO THE LEFT WiTH SAID CUR~ ~VI~G A OF iL.00 FEET, A CIqORD BEARING OF NORTH ~3~ZP'Z9" EAST, A CHORD -~=~ .... CF 62 a~ FEET~ A LENGTH 0F 78.27 ~EET, TO TEE WESTERLY ~-~.~ -~.= ~&~ LiNE ,~ LACONIA STREET, ?i~NCE RUN NORTH 00~2~'26" .-,=o~ ~= DiSTaiN'CE OF 896. v~ _~,. ,. FE='; THENCE RUN SOUTH 37'43'45'' WEST A ~_o~.~,.~ OF 1~0.90 =EET, THENCE RUN SOUTH 78 59'56" WEST A DISTanCE "~,~.c ~0.53 FEET; THENCE R~ >TORTP: 52'i6'15" WEST A DISTANCE OF _~75.25 FEET TO THE POINT OF BEGINNING. SA~D PARCEL CONTAINS 7.97 ACRES, MORE OR LESS. ATTACi~IENT "C" DESCRIPTION FOR ':~.:~mT 2 .-_ ~O.~*~..~N , ACCORDING ~0 THE R~m~RD P OF S~BAS .... N LAKES ..... PAGES li AND !!A, ~N~ ONE, AS RECORDED EH PLAT BOOK i2, · ,,~z~ ~~ RECORDS OF iNDi/~N RIVER COUNTY, FLORIDA, TOGETHER Wi~H A PORTION OF VACATED RiGHT-OF-WAY OF LACONIA STREET, PARTICULARLY DESCRIBED AS: COM!~.ENC!NG AT THE NORTHERLY MOST CORNER OF TRACT "A"; THENCE RUN WESTWARDLY ALONG THE SOUTH LiNE OF FELLSMERE ROAD, :.LHiCH rS ALSO ',~. ~': ~. ~ _ ~ A B~.,R~NG OF SOUTH 37 ~ ~3 ' ~" WEST, THE N~R~ LINE OF ~R~Cm "':' =' ~ . DiSTgD~CE OF 412.72 FEET; THENCE RUN SOUTH 52'16'!3" EAST A DIST_~YCE CF 176 25 r==~- THENCE RUN NOzx~H 78 59'56" EAST A DiST~a~CE OF 40 53 F~,~.; THENCE RUN NORTH 37 ~43'%5'' E~ EAST, A DIST.~CE OF 140.'91 FEET TO .... ~o~_RL. RiGHT-OF-WAY LiNE OF LACONIA STREET7 THENCE RUN NORTH 00'24" 2~': W~ST A DISTANCE OF 328.72 ' r.; _ =E.' THENCE RL~ SOUTH 37'~3'45 WiST A DiSTanCE OF 16.20 FEET TO THE POINT OF BEGiNNiNG. SAiD PARCEL CONTAINS 1.39 ACRES., HORE OR LESS. A?TACi~_ENT "O" LEGAL DESCRiPTiON FOR ADDITIONAL RCSELA~ND ROB~D A PORTION O? TRACTS "C" AND !'F" ACCORDING TO THE RECORD PLAT OF SEBASTIAN LAKES U%NiT ONE, AS RECORDED IN PLAT BOOK 12, ~AGES 1! r~ ...... ~_=,=~ DESCRSBED AS: CC~C{ENCiNG AT THE NORTHERLY MOST CORNER OF TP~CT "A"; THENCE RUN WESTWARDLY ALONG TEE SOUTH LiNE OF FELLSMERE RCA.D, W~iCH iS ALSO THE NORTH LZ}[E OF TRACT "A~', A BEARING OF SOUTH 37°~3'45'' WEST, A DISTANCE OF 1013.72 FEET TO THE POINT OF BEGiNN2NG; T~ENCE CONT~N-u'E ALONG SAZD SOUTHERLY RIGHT-OF-WAY SOUTH 37°42'45" WEST A DiSTAl[CE OF 70.57 FEET; TIqENCE RUN SOUTH 52~!6'!5'' EAST A DIST_~YCE OF 729.40 FEET- TO A POINT OF CURVATURE; RUN THENCE ALONG SAID CURVE TO THE RIGHT WITH SAID CURVE ._qAVING A ~IUS OF 225.00 FEET, A CHORD BEAR%NG CF SOUTH 26:22'45' EAST, A C~ORD DISTzLYCE OF 196.50 FEET, ~z..=~. OF 202 35 CE~T, TO T~E WESTERLY R2G~T-OF-WAY LINE OF ~=~;~=.. STREET THENCE RUN NORTH 00~29'~a'' WEST A DISTANCE OF 89.82 FEET TO A POINT OF CURVATURE; RUN THENCE ALONG SAiD CUR~ TO THE LEFT WiTH SA2D CURVE ~ViNG A ~iUS OF 225.00 FEET, A CHORD ~EAR%NG OF NORTH 26~22'45~' WEST, A CHORD DISTANCE OF 196.50 FEET, A LENGTH OF 203.35 F--'~=E~, THENCE RU~ NORTH 52:!~'!5"~ WEST A DiSTAgYCE OF 673.84 FEET TO T~E POINT OF BEGi~iNG. SAiD PARCEL CONTAINS i.31 ACRES, i.~ORE OR LESS. ATTACi~.~MENT "E" LEGAL DESCRIPTION FOR UTILITY EASEMENT =C~RD~N~ TO ~- RECORD PLAT OF S~BAST__~ LAXES UNiT ONE, AS RECORDED iN ~r,A~ BOOK ~ PAGES il ~'[D~__,~ O? THE PUBLIC RECORDS OF iND~N RIVER ~r~r~v~,z ~ , FLORZDA, i.~CRE P.~RT!CUL~L? DESCRSBED AS: CO[~.ENCi['[G AT T'_{E NORTHERLY MOST CC.P_NER OF TRACT "-'~!'; THENCE RUN .~mo~ ~.RD~= ALONG THE SOUTH LiNE OF FELLSMERE RO~ WbiiCi{ iS ALSO ~ , ~u A BEARING OF SOUTH ~7 4~ ~5" WEST, k "='= NO~ LiNE OF T~CT "K~' ~ ' DZSTz~CI OF 979.29 FEET TO THE POINT OF BEGI)INiNG; THENCE CONTI~E ALONG SAiD SOUTHERLY RiGHT-OF-WAY SOUTH 37°43'45'' WEST A DiST.~MCE CF 25.00 FEET; THENCE R~ SOUTH S2:16'15" EAST A DIST.~NCE OF 574.14 FE~% THENCi RUN NORTH 37~43'45'' EAST A DiSTanCE OF 25.00 FEET; THENCE RUN NORTi~ 32~!fi'i5'' WEST A DiSTA=NCE OF 574.14 FEET TO THE PCii'$T OF BEGi2~'i~[G. SAiD P.~C~L CONTAINS .32 ACRES, MCRE OR LESS. ATTAChmENT "¢" LEGAL DESCRiPTiON FOR VACATED ROSEL~ND RiGHT-OF-WAY P CRC .'-_ ©N S 05 VACATED R ~ ua_, -OF- WA ~ PARTICULARLY DESCRIBED AS: OF ROSELAND ROAD; MORE f*~.~..~..:~-Mc~v~,~ AT THE .~ORTHERL! ~OST CORNER OF TRACT "A" ACCORDING TO Ti~i 9~ECCRD PLAT OF SEBASTiA~i LAirS ~IT ONE, AS RECORDED iN PLAT BOCK ~?~ PAGES !i ::~ND !!A, OF THE PUBLIC RECORDS OF .........~.:~= ~, FLORIDA; ?HENCE R~ WESTW~LY ALONG THE SOUTH L~NE OF YELLSMERE ROAD, W~iiCH ~S ALSO THE NORTH LiNE OF TRACT "a" A ........ - ~EE~ TO THE 0=~-~ OF SOUTH 37~43'~5~' WEST, A DiST~2~CE OF 9S4.35 F ~=~"~'.~=_', ~ CF EEGiNNiNG', THENCE CONTINUE ALONG SAiD SOUTHERLY RIGHT-OF- k;A'f SOUTH 37~42'45~' ~ST A D!ST~CE OF 70.57 FEET TO THE EASTWARDLY Ri~-OF-WAY LiNE OF ROSEL$2~ RO~; T~NCE RUN SOUTH 52'~ ~5 EAST ALONG SAiD EASTWARDLY RIGHT-OF-WAY A DiST~Ci OF 729.24 FEET TO A POINT OF CURVATURE; R5~ THENCE ALONG SAiD CURVE TO THE LE7T WITH SAiD CUR~ iAAViNG A ~iUS OF 35.00 FEET, A CHORD BEARING OF NORTH 52~39~39'' EAST, A .CEOP~ DISTz~CE OF 62.95 FEET, A LENGTH OF 78.27 =v~* TO ~H~ WESTERLY RiGHT-OF-WAY LiNE OF LACONIA STREET; ?HENCE RU1'~ ~CRTH 00~24'25~' WEST A DIST.~CI OF 17.75 FEET; THENCE RUN NORTH ~2~15~!5'' WEST A DiST.~IC! OF 745.80 FEET TO THE POINT OF BEGiNNiNG. ~--=~ PAKCEL ~ONTAzNS 1.23 ACRES, MORE OR LESS. ATTAC:~'M_ENT "G" LEGAL DESCRiPTiON FOR VACATED LACONIA RiGHT~OF-WAY A PORTION OF VACATED RIGHT-OF-WAY PARTICULARLY DESCRIBED AS' OF LACONIA STREET, MORE BEGiNNiNG AT THE NORTHERLY MOST CORNER OF T~ACT "A", ACCORDING TO THE RECORD PLAT OF SEBASTi.~[ LAKES UNiT ONE, AS RECORDED IN PLAT BOCK i2, PAGES I! A~ !!A, OF THE PUBLIC RECORDS OF iNDIzLN RIVER '~.uNTT, ~u~R_D~, THENCE RUN WESTWA~RDLY ALONG THE NORTH LINE OF LACONIA STREET, %~iiCH 5S ALSO THE EAST LiNE OF TRACT "A~', A BEARING OF SOUTH 00°24'2~'' EAST, A DiSTA~CE OF 1187.13 FEET; THENCE RULN SOUTH 52°15'i3'' EAST, A DiST~[CE OF 12.7! FEET; THENCE RUN NORTH g0°24'26': WEST, A DiST.~NCE OF 1207.72 FEET; THENCE RUN SOUTH 37~4~'45:' WEST, A D!STA~NCE OF i6.20 FEET TO TEE POINT OF BEGiN'NiNG. SAiD PARCEL CONTAINS 0.28 ACRES, MORE OR LESS. EI~LXZBiT LEGAL DESCRIPTION FOR PROPOSED SE'w~R LiNE ~ ACCORDING TO ~ RECORD PLAm OF iPOR.=ON OF TRACTS "C" ~ "=" SEBASTIAN LAKES UNIT ONE, AS RECORDED iN PLAT BOOK 12, PAGES !i AND ifA, OF THE PUBLIC RECORDS OF iND!D~ RIVER COUNTY, FLORIDA, MORE o:~m~,-~Tr~or~ DESCRIBED AS: CC~ME>[C!NG AT THE NORTHERLY MOST CORNER OF TRACT "A"; THENCE RUN SOUTHERLY ALONG '~iL WEST L~NE OF FELLSM~RE ROA3, W~iCH iS ALSO THE ?.fCRTH LINE O? TRACT :'A", A BEARING OF SOUTH 37°43'45'' WEST, A DiST;~CE OF 1084.29 FEET TO THE WESTERLY RiGHT-OF-WAY LiNE OF ROSELAND ROAD; THENCE RUN SOUTH 52°!6'i5" EAST ALONG SAiD ROSELAND ROAD A DiSTkNCE OF 615.37 FEET TO TF~ POINT OF BEGINNING; THENCE RUi'7$OUTH 37°43'45'' WEST A DiST.~YCE OF 52.93 FEET; TiLENCE RL~ SOUTH 52°ig~!S'' EAST A DIST.~NCE OF !5.00 FEET; THENCE RUN NORTH 37°43'45" EAST'A DISTANCE OF 52.93 FEET; THENCE RUN NORTH 52°!6'15'' ~EST A DiST.~ICE OF !5.00 FEET TO TF~ POINT OF BEGINNING. SAiD P_~RCEL CONTAi>~S 0.02 ACRES, MORE OR LESS. LEGAL DESCRiPTiON FOR THE ¥2CATED NORTH P©RT£ON OF ROSELA~ ROAD A PORTION ~ THE VACATED RCSELAND _,_= ....... =_., ~= ~=~_n~_:~,z MORE PARTICULARLY EESCR2BED AS' ~=-~crNm AT THE NORTHERLY MOST CORNER OF T?~ACT "A" ACCORDING TO 'THE RECORD PLAT OF SEBASTi~i~ LAKES UNiT ONE, AS RECORDED iN PLAT ~ ~? PAGES ~ ~=ND i!A, OF ~=E PUBLIC RECORDS OF I-N~D!~ RIVER ~.~.~, FLORIDA; THENCE RUN SOUTH ~? 4~ a~ ~ES? ALONG THE EASTERLY RiGHT-OF-WAY L~NE OF FELLSMERE ROAD (COUNTY ROAD 512) A DIST~¥CE OF 932.72 FEiT TO THE POINT OF BEGiNNiNG, SAiD POINT ALSO BEING THE i~ORTA~ESTERLY MOST CO~NER OF TRACT "B" OF SEBASTIA~N LAKES UNiT ONE, AS ~ECORDED IN PLAT BOOK 12, PAGES !! ~ND 1iA, OF TEE PUBLIC R!CORDS OF LN-Di;~N R!~;'ER COUNTY, FLORIDA; THENCE RUN SOUTH 52°16'15" EAST ALONG THE NORTHERLY LiNE OF LAST SAiD TRACT "B" A DISTkNCE OF 745.80 FEET; THENCE R5~ SCUTH 00°24'26'' EAST A DISTANCE OF !7.7% FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVING WESTERLY _qAViNG A P~ADiUS OF 25.00 FEET, A DELTA ~NGLE OF 28°59'08'', A CHORD LENGTH 0~_ !7.~-~ ~_,=v~ .... ~ CHOPD BE~iNG OF SOUTH ~a°05'08" WEST, R%~ ALONG SA=D CURVE A LENGTH 0F ~7.?i FEET; DEPARTING LAST SAiD CUR%~, THENCE RL~ NORTH 52°!~'15~' WEST A DiSTz~CE OF 763.79 FEET TO A POINT 0~? THE EASTERLY RiGHT-OF-WAY LiNE OF FELLSMERE ROAD; THENCE RUN ~' :7°43'~5'' .~_n . EAST ALONG LAST SAiD RiGHT-OF-WAY LiNE A 9ISTANCE OF 30.00 PEET TO THE POINT OF BEGiNniNG. SAiD P~CEL CS~TA2NS 0.52 ACRES, MORE OR LESS. ~.'-: 21T9 500 8\'~D~ SB- 33..5CL 9-I ATTACRR~_ENT !,j,, LEGAL DESCRIPTION FOR THE VACATED SOUTH PORTION OF ROSELD_ND ROAD A PORTION OF THE VACATED RiGHT-OF-WAY FOR ROSELAND ROA/~, MORE PARTICULARLY DESCRIBED AS- . m--= rv MOST ACCORDING TO .COMMENCING AT THE NOR..=~R,. CORNER OF T~.CT TEE RECOP~ PLAT OF SEBASTIAN L~KES UNiT ONE, AS RECORDED IN PLAT BCOK 12, PAGES iI AND I!A, OF TEE PUBLIC RECORDS OF iNDIAN RZV~ER ~uN=:, FLORIDA; THENCE RUN SOUTH~,~°43'~" WEST ALONG ~=v~._ EASTERLY -=~=~-~-~ LiNE OF FELLSMERE ROAD (COUNTY RO~3 5i2) A DiSTAi~CE OF ~0~.72 FEET TO THE POINT OF BEGiNNiNG; THENCE RUN SOUTH 52 EAST A DIST.~NCE OF 763.79 FEET TO A POINT ON A CURVE CONC~ViNG WESTERLY HAVING A RADIUS OF 35.00 FEET, A DELTA ANGLE OF 87°09'24 A CHORD BEARING OF SOUTH 72°09'24'' WEST, A CHORD LENGTH OF 48.2~ FEET,-RUN ALONG SA~D CURV~ A DIST.~NCE OF 53.24 FEET TO A POINT ON A CURVE CONCAViNG WESTERLY KAVING A ~J~DIUS OF 225.00 FEET, A DELTA ANGLE OF 15~58'2S'', A CHORD BEARING OF NORTH 43~47'01'' WEST, .~,~D A C~GRD LENGTH OF ~6.4i FEET, RUN ALONG LAST SAID CUR~ A DiST~CE OF ~6.66 FEET; THENCE RUN NORTH 52°!6'!5'' ~ST A DiSTAi~CE OF 670.82 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF FELLSk~ERE RO~; THENCE RUN NORTH 37°43'45'' EAST ALONG LAST SAID R~GHT-OF-WAY LiNE A DIST.~CE OF 30.00 FEET TO THE POINT OF BEGLNN~NG. SAID PARCEL CONTAINS 0.53 ACRES, MORE OR LESS. ATTACPA~_ENT "K" LEGAL DESCRIPTION FOR ~ ~ OF THE VACATED DEEDED .OR..ON ROSELA~ND ROAD ........ n- =ACA~.D RiGHT-OF-WAY OF RCSEL~ND ROAD, MORE PARTICULARLY DESCRIBED AS: ~, r ", ACCORDING TO ~.~.~ENC_NG AT THE NORTHERLY MOST CORNER OF TRACT "A THE RECORD PLAT OF SEBASTiA~N L~_KES UNiT ONE, AS RECOPIED iN PLAT BOOK 12, PAGES i! ~ND 1IA, OF THE PUBLIC RECORDS OF !~-%rDiA~N RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 37°43:45~' WEST ALONG THE EASTERLY RIGHT-OF-WAY LiNE OF FELLSMERE ROAD (COUNTY ROA~D 512) A DiSTaNCE OF .~93.72 FEET TO THE POINT OF BEGiN-NiNG; THENCE R5~ SOUTH 52°15'15" EAST A DISTANCE OF 670.82 FEET TO A POINT ON A CURVE CONCAViNG SOUTHkRLY ~AVING A RA.DIUS OF 225.00 FEET, A DELTA '~NGLE OF !~°58'28'', A CHORD BEA~R!NG OF SOUTH 43°47'01'' EAST, A CHORD LENGTH OF 66.~! FEET, R~ ALONG SAiD CURVE A DISTanCE OF 66.66 FEET TO A POINT ON A CURVE- CONCAV!NG NORTHERLY F_~VING A ~DiUS OF 35.00 FEET, A DELTA ~GLE OF 11°59'39'' A CHORD BEARING OF NORTH 58°i6'04'' %~EST, A CHORD LENGTH OF 7.31 FEET, RUN ALONG SAID CURVE A DIST~NCE OF 7.33 FEET; THENCE RUN NORTH 52°16'15" WEST A DISTA~NCE OF 729.24 FEET TC A POINT ON THE EASTERLY RIGHT-OF-WAY LiNE OF FELLSMERE ROAD, THENCE RULN NORTH 37°43'45'' EAST ALONG LAST SAiD RIGHT-OF-WAY LiNE A DiST~CE OF !0.~7 FEET TO THE POINT OF BEGINNING. SAiD PARCEL CONTAINS 0.17 ACRES, MORE OR LESS. City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 March 7, 1996 Ma'. Ron Howse, P.A. P.O. Box 701323 St. Cloud, FL 34770-1323 Re: Sebastian Lakes Modified Developer Agreement and Real Property Vacation and Transfer Dear Mr. Howse: I am writing this letter as a follow-up to the brief telephone conversation that we had Monday wherein, I had advised you that a representative of Florida Power and LiCit would be m contact with you on the following day. h~ addition to the outstanding issue to be resolved between your clients and Florida Power and Light, there was the issue also relative to a COlnment received from Indian River County. Based on a phone conversation between you, Mr. Jim Davis, Public Works Director for Indian R/ver County and myself, it was thought that tkis was a minor ~tch in a legal description that could easily be resolved. As of this date, I have no information relative to the corrective action which may have been taken. The City of Sebastian also had concern about obtaining appropriate easements to support the e,,dstmg catch basins presently located in the right-of-way of Laconia which is to be vacated. It was suggested by ~vtr. John Hill, a consulting engineer on behalf of the City of Sebastian, that a blm~et drainage easement or sites specific drainage easement for those facilities would suffice. Mr. Ron Howse, P.A. March 7, 1996 Page #2 These items as I recall were the outstanding issues currently not resolved wkich need to be addressed and resolved pr/or to the next City Council Meeting, to be held on March 13, 1996. In closing, I would like to clearly state the City's des/re to move forward with the development of the Winn Dixie on the proposed sites, however these outstanding issues are matters of great public importance and need to be resolved in advance. If you have any questions regarding this correspondence or any position of the City, please feel free to contact me at your convenience. Very Truly Yours, Thomas W. Frame City Manager TWF/jmt CC: Arthur L. Firtion, Mayor & Sebastian City Council Clifton McClelland, City Attorney Community Development Department R/chard B. Votapka, Public Works Director -Earl Masteller, P.E., Masteller & Moler RIVF_.R LIBRARY TR~,C T ~ SEBASTIAN LAKES D-Fi City Manager City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: PUBLIC HEARING REGARDING ) R-96-28 ACCEPTANCE OF THE MINOR ) SUBDIVISION PLAT FOR GOD'S LITTLE ) ACRE ) ) Approved For Submittal By: ) ) Exhibits: Agenda Number: ~ ~ O&~ Dept. Origin: Community Development Date Submitted: 4/03/96 For Agenda Of: 4/10/96 ) 1. R-96-28 ) 2. Applic. for Minor Subdivision ) 3. Plat of God's Little Acre ) 4. P & Z memo of 2/16/96 ) 5. Masteller letter of 2/13/96 ) 6. Tim Williams memo of 4/3/96 ) 7. Vicinity Map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received an application for a minor subdivision plat from Sebastian Christian Church, Inc. The proposed minor subdivision will divide the existing Tract F of Sebastian Highlands Unit 17 into four lots. The property was rezoned from PS (Public Service) to RS-10 (single family residential) in 1995, and the proposed subdivision will meet all size requirements for that zoning district. Since this subdivision is creating 4 lots on an existing paved road, and does not require any extension of offsite improvements, this proposal meets Section 20A-16.1(C)1 of the Land Development Code for a minor subdivision. At its regular meeting of February 15, 1996, the Planning and Zoning Commission reviewed this minor subdivision in accordance with the Land Development Code and recommended approval by the City Council, with conditions as noted. Pursuant to Section 20A-16.3 A & B of the Land Development Code, the Ci~!~ contracted with Masteller & Mulet, Inc. to review the proposed minor / ~ subdivision plat in accordance with this procedure. The comments from Devon Rushnell of Masteller & Moler are attached for your review. Comments from Tim Williams, Assistant City Attorney, are also attached. RECOMMENDED ACTION Conduct public hearing regarding Resolution R-96-28. Resolution No. R-96-28. Move to adopt RESOLUTION NO. R-96-28 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR SUBDIVISION PLAT OF GOD'S LITTLE ACRE, A REPLAT OF TRACT F, SEBASTIAN HIGHLANDS UNIT 17, CONSISTING OF 3.13 ACRES, MORE OR LESS, LYING IN SECTION 19, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE MAYOR TO SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ~EREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sebastian Christian Church, Inc. owns certain real property located within the corporate limits <Df the City <Df Sebastian; and WHEREAS, Sebastian Christian Church, Inc. desires to develop a minor subdivision on its real property lying in Sebastian, Indian River County, Florida; and WHEREAS, Sebastian Christian Church, Inc. has submlt,_,_d a proposed minor subdivision to the City for its approval; and WHEREAS, the minor subdivision plat submitted meets all requirements as set forth in Section 20A-16.3 of the Land Development Code of the City; and WHEREAS, the minor subdivision plat bears a Certificate of Dedication, Certificate of Title, and Certificate of Survevor; and WHEREAS, a professional engineer consulting for the City has determined that alt required improvements meet the ~ - ~ ,.% and provisions ef the ,~.~n_~ Development Code of the Ci~ ~; WHEREAS, ~he minor subdivision plat has been revle~{ed by a professional engineer and the City Attorney, with all 'their comments duly noted and corrected on the plat; and WHEREAS, all other conditions precedent to approval of the pla~ have been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PLAT APPROVAL. The plat of God's Little A~re, as prepared by Kevin A. Smith, a Florida registered surveyor, bearing Certificate of Dedication dated November 1, 1995, is hereby approved due to its compliance with Section 20A-16.3 of the Land Development Code of the City of Sebastian. Section 2. SIGNING OF THE PLAT. authorized to sign ~he p!a~. The Mayor is Section 3. RECORDING OF THE PLAT. The City Clerk is directed to present the plat to the Clerk of the Circuit Court for Indian River County, Florida, for recording in the Public Records of Indian River County, Florida. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or der~ermine that any parr_ of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution 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 Cartwright Vice Mayor Walter Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richar~ Taracka The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1996. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Louise Cartwright Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) 3 AppL-oved as to Form anti Content: Clifton A. MeClelland, City Attorney APPLICATION FOR MINOR SUBDIVISION CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE # 589-5537 Application Owner ~ ~ Address Section Phone Range FlaState# FlaState~ Land Use ~~w~(~ Project Surveyor Project Engineer Zoning Classification Development Site Size Proposed Units per Acre Acres MinimumLot Size Number of Lots The following attachments shall accompany this application: 1. A copy of the owner's Recorded Deed. 2. If applicant is other than the owner, a sworn statement of authorization is required. 3. Twelve (12) copies of all plans. (Three initially for review purposes. 4. Final plat requires compliance with Section 20A-16.3 of the Land Development Code, City of Sebastian. __ 5. Existing legal description. SIGNATURE OF APPLICANT THE FEE FOR A MINOR RESOLUTION NO. R-88-06. MINSUB.WP FEE SCHEDULE SUBDIVISION IS $100.00 AS SET O \~- 5-~ ~ FORTH BY WAIVER AND CONSENT I/We. the owner(s) of the property located at ~{,o~ /%L~J f~=~ Sebastian, Indian River County, Florida, (the "Property"), hereby authorize each and every member of the Board/CommisSion of the City of Sebastian (the "Board"/"Commission") to physically enter upon the property_ and view the Property in connection with my/our pending ~~%={.=i~,~ (the "Proceeding"). I/We hereby waive any objection or defense I/we may have, due to the quasi-judicial nature of the proceeding, resulting from any Board/Commission member entering or viewing the property, including any claim or assertion that my/our procedural or substantive due process rights'under the Florida Constitution or the United States Constitution were violated by such entering or viewing. This Waiver and Consent is. being signed by me/us voluntarily and not as a result of any coercion applied, or promises made, by any employee, agent, contractor or official of the City of Sebastian. Dated this ~'- day of 199_~_. SWORN to and subscribed before me this ~TM day of My Commission Expires: NOtary Public U · ,~%~%.'~'- LOIS A. S..ATrERY g,,:- ...r.. MY COMMISSION # ~ ~PIRES City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 g FAX (407) 589-5570 MEMORANDUM DATE TO: FROM ~FE~N~: February 16, 1996 Mayor, City Council Dorri Bosworth, Secret.~~. Planning and Zoning C~ssion Proposed Minor Subdivision - God's Little Acre At its regular meeting of February 15, 1996, the Planning and Zoning Commission passed a motion to recommend to City Council to approve the above referenced minor subdivision plat prepared by Kevin A. Smith Land Surveying, Inc. for Sebastian Christian Church, dated 2/12/96 as received by the City. This approval is subject to a review by the City Attorney and any changes as required from their review. The ~otion for recommendation of approval was made by Mr. Thompson, seconded by Mr. Johns. The Commission voted unanimously 7-0. MASTELLER & MOLER, INC. ~ CONSULTING ENGINEERS - February 13, 1996 Ms. Jan King City of Sebastian 1225 Main Street Sebastian, Florida 32958 Review of R~vised Final Plat God's Little Acre Sebastian,, Florida M1M Project No. 9512HA Dear_Ms. King: We are in receipt of your letter of January, 25, 1996, requesting that our office review the revised final plat for Tract "F" of God's Little Acre. A copy of the final plat;, prepared by, K~r/n A. Smith, P.S.M. dated November 1, 1995 was furnished to our office on January, 25, 1996. We have reviewed the revised final plat with regards to our original comment letter of April 17, 1995 to the City of Sebastiam Upon review, we recommend that the plat be forwarded to the Planning & Zoning Commission for approval. We al~oreciate the opporrtmity to continue to assist your office. If you have any questions or comments regard/ag d'ds letter, please do not hesitate to contact our office. Sincerely, /~ , ice ] ~sid~tt DSR ~- File M3~#418Z 1623 N. U.S. Highway 1, Suite B2 Sebastian, FL 32958 (4O7) 589-4800 (407) 589-2742 Fax 7380 Murrell Road, Suite 106 Melbourne, Florida 32940 (407) 255-1175 (407) 253-4439 Fax TO: FROM DAM Poet-It' brand fax transmittal memo 7e71 I#etm,;~" / Jan Kinq City cf Sebastian Timotky M. Williams April 3, 1996 With the !a~as~ revision, received on April Z, !996, all the problems wish the above plat have ~een cGrrec~ed. i S£BA.~TAN HGHLAND$ I ~ / \/ \ I -~~-, ,~ I 1 I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Public Hearing on Proposed Ordinance O-96-09 Transfering & Vacating Real Property In Regards to Sebastian Lakes Approval For Submittal By: City Manager ~'~ AGENDA NO. Dept. Origin: City Manager Date Submitted: 03/07/96 For Agenda Of: 03/13/96 Exhibits: 1. Proposed Ordinance 0-96-09 2. Letter dated 3/7/96 To Ron ltowse From City Manager 3. Location Map EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY This is a continuation of a Public Hearing which would transfer and vacate real property for Laconia Street and Roseland Road. (Note: Council Members may desire to retain their Agenda material from the February 28, 1996 Council Meeting.) RECOMMENDATION If all matters as outlined in my letter to Mr. Howse have been resolved, and if the Council is in agreement with all other issues, that the matter be approved. If these issues as outlined in the Manager's letter are not resolved.then this matter should be continued.~ Oi~)IN~NCE NO. 0-96-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIFER COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF CERTAIN REAL PROPERTY IN THE CITY OF SEBASTIAN~ AUTHORIZING THE TRANSFER AND EXCHANGE OF CERTAIN REAL PROPERTY IN THE CITY OF SEBASTIAN TO ALIGN PROPERLY ROSELAND ROAD SOUTH OF C.R. 512~ PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT~ PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Florida (City) entered into an Agreement with PTC Enterprises, Inc. (PTC) and Lennar Northeast Partners Limited Partnership (Lennar); and WHEREAS, PTC is required to construct Roseland Road from C.R. 512 to Laconia Street; and WHEREAS, the proper alignment of the new road with the existing Roseland Road north of C.R. 512 requires a realignment of right-of-way; and WHEREAS, Lennar is required to reconstruct part of Laconia Street under the Agreement; and WHEREAS, the owners of the adjacent property have agreed to convey the property necessary for the realignment of Roseland Road in exchange with the City's vacation and transfer of part of the existing right-of-way for Roseland Road; and WHEREAS, the vacation of part of Laconia Street is necessary to provide screening and limitation of access from Laconia Street to the PTC project; and WHEREAS, the City Council of the City of Sebastian finds that such vacation and transfer is in the public interest and the additional property being acquired for Roseland Road is needed for a City purpose; and WHEREAS, the property being vacated is no longer needed for a City purpose. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. RECITALS. The recitals set out in this Ordinance are true and correct. This Ordinance is adopted under the provisions of Section 2-93 of the Sebastian Code. - SECTION 2. VACATION. The City of Sebastian hereby vacates the real property described in Exhibit "H" which is incorporated herein and made a part hereof. SECTION 3. EXCHANGE. The City of Sebastian hereby authorizes the Mayor and Clerk to execute a Quit-Claim Deed conveying the real property described in Exhibit "I" to PTC. SECTION 4. CONVEYANCE TO CITY. Lennar shall convey to the City the real property described in Exhibit "G" simultaneous with the City's vacation of the real property described in Exhibit "H" and the City's delivery of a Quit-Claim Deed for the real property described in Exhibit "I." Lennar shall furnish title insurance to the City or an attorney's Certificate of Title evidencing either insurable title or marketable title in Lennar's name, free and clear of all encumbrances unless the holders of any lien join in the conveyance for the real property described in Exhibit "G." SECTION 5. DELIVERY OF THE QUIT-CLAIM DEED. The City Manager is authorized to deliver the Quit-Claim Deed to the real property described in Exhibit "I" upon receipt of a Warranty Deed for the property described in Exhibit "G." SECTION $. SEVERABILITY: If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or un6onstitutional. SECTION 7. CONFLICTS: All Ordinances or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 8. EFFECTIVE DATE: This Ordinance shall take effect immediately upon its adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1996. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 1996. The foregoing Ordinance was moved for adoption by Councilmember by Councilmember into a vote, the vote was as follows: The motion was seconded and, upon being put 3 The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1996. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Kathryn M. O'Halloran, CMC/AAE (Se. al) Approved as to Form and Content: Clifton A. McClelland, Jr. city Attorney EXHIBIT "G" LEGAL DESCRIPTION FOR ADDITIONAL ROSELAND ROAD A PORTION OF TRACTS "C" AND "F", ACCORDING TO THE RECORD PLAT OF SEBASTIAN LAKES UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 11 AIN-D llA, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: CO[<MENCING AT THE NORTHERLY MOST CORNER OF TP~CT "A"; THENCE RUN WESTWARDLY ALONG THE SOUTH LINE OF FELLSMERE ROAD, WHICH IS ALSO THE NORTH LINE OF TP~CT "A", A BEARING OF SOUTH 37°43'45'' WEST, A DISTANCE OF 1013.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY SOUTH 37°43'45'' WEST A DISTANCE OF 70.57 FEET; THENCE RUN SOUTH 52°16'15'' EAST A DISTANCE OF 729.40 FEET TO A POINT OF CURVATURE; RUN THENCE ALONG SAID CURVE TO THE. RIGHT WiTH SAID CURVE HAVING A RADIUS OF 225.00 FEET, A CHORD BEARING OF SOUTH 26:22'45" EAST, A CHORD DISTANCE OF 19.6.50 FEET, A LENGTH OF 203.35 FEET, TO THE WESTERLY RIGHT-OF-WAY LINE OF LACONIA STREET; THENCE RUN NORTH 00°29'14" WEST A DISTANCE OF 89.82 FEET TO A POINT OF CURVATURE; RUN THENCE ALONG SAID CURVE TO THE LEFT WITH SAID CURVE HAVING A RADIUS OF 225.00 FEET, A CHORD BEARING OF NORTH 26°22'45'' WEST, A CHORD DISTANCE OF 196.50 FEET, A LENGTH OF 203.35 FEET, THENCE Rb~ NORTH 52°16'15'' WEST A DISTANCE OF 673.84 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.31 ACRES, MORE OR LESS. EXHIBIT "H" LEGAL DESCRIPTION FOR THE VACATED NORTH PORTION OF ROSELAND ROAD A PORTION OF THE VACATED ROSELA~'D RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS: CO-PKMENCING AT THE NORTHERLY MOST CORNER OF TRACT "A", ACCORDING TO THE RECORD PLAT OF SEBASTIA~ LAKES UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 1! AND !lA, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 37°43'45" WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FELLSMERE ROAD (COUNTY ROAD 512) A DISTANCE OF 933.72 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTH%IESTERLY MOST CORNER OF TRACT "B" OF SEBASTI.LN LAi&ES UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 11 AN-D llA, OF THE PUBLIC RECORDS OF i.XrDI-LN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 52°16'15'' EAST ALONG THE NORTHERLY LiNE OF LAST SAID TP~%CT "B" A DISTANCE OF 745.80 FEET; Tg~NCE RUN SOUTH 00°24'26" EAST A DISTA_NCE OF 17.74 FEET*TO THE POINT OF CURVATURE OF A CURVE CONCAVING WESTERLY HAVING A ~DIUS OF 35.00 FEET, A DELTA ANGLE OF 28°59'08'', A CHORD LENGTH OF 17.52 FEET, A CHORD BEA_RING OF SOUTH 14:05'08'' WEST, RUN ALONG SAID CURVE A LENGTH OF 17.71 FEET; DEPARTING LAST SAID CURVE, THENCE RUN NORTH 52°16'15" WEST A DISTANCE OF 763.79 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF FELLSkEERE ROAD; THENCE RUN NORTH 37°43'45'' EAST ALONG LAST SAID RIGHT-OF-WAY LINE A DiSTAnCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAiD P~_RCEL CONTAINS 0.52 ACRES, MORE OR LESS. LEGAL DESCRIPTION FOR THE VACATED SOUTH PORTION OF ROSELA~'D ROAD A PORTION OF THE VACATED RiGHT-OF-WAY FOR ROSEL~ND ROkD, MORE PARTICULARLY DESCRIBED AS: CO~/4ENCING AT THE NORTHERLY MOST CORNER OF TRACT "A", ACCORDING TO THE RECORD PLAT OF SEBASTIAN LAKF, S UNIT ONE, AS RECORDED IN PLAT BOOK I2, PAGES 1! AND I!A, OF THE PUBLIC RECORDS OF INDIA~ RIVER. COUNTY, FLORIDA; THENCE RUN SOUTH 37°43'45'` WEST ALONG THE EASTERLY RiGHT-OF-WAY LINE OF FELLSM~RE ROAD (COUNTY ROAD 512) A DISTANCE OF 963.72 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 52°16'15'' EAST A DISTANCE OF 763.79 FEET TO A POINT ON A CURVE CONCAVING WESTERLY HAVING ARA. DIUS OF 35.00 FEET, A DELTA A.NGLE OF 87°09'24'', A CHORD BEARING OF SOUTH 72°09'24" WEST, A CHORD LENGTH OF 48.25 FEET, RUN ALONG SAID CURVE- A DISTAl'CE OF 53.24 FEET TO A POINT ON A CURVE CONCAViNG WESTERLY F~ViNG A RADIUS OF 225.00 FEET, A DELTA ~'GLE OF 16°58'28'', A CHORD BEARING OF NORTH 43°47'0t'' WEST, AND A CHORD LENGTH OF 66.41 FEET, RUN ALONG LAST SAiD CURVE A DISTANCE OF 66.66 FEET; THENCE RUN NORTH 52°16'15'' W-EST A DISTANCE OF 670.82 FEET TO A POINT ON THE EASTERLY RiGHT-OF-WAY LINE OF FELLSMERE ROAD; THENCE RUN NORTH 37:43'45" EAST ALONG LAST SAID RIGHT-OF-WAY LINE A D!STA=NCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID~ PARCEL CONTAINS 0.53 ACRES, MORE OR LESS. EXHIBIT "H" (Page 2) LEGAL DESCRIPTION FOR VACATED LACONIA RIG;~T-OF-WAY A PORTION OF vACATED RIGHT-OF-WAY OF PARTICULARLY DESCRIBED AS: LACO~;IA STREET, MORE BEGTNNiNG AT T;[E ~-;OR'rHERLY MOST COR~IER OF TRACT "A" ACCORD.II;G TO TIIE RECORD PLAT OF SEI~ASTiAN LAKES IINIT ONE, AS RECORDED IN BOOK 12, PAGES. i1 AND ilA, OF THE PUBLIC RECORDS OF ~';DIAN R].VER COUNTY, 'FLORIDA; THENCE RUN WESTWARDL¥ ALONG THE NORTH LI.~-;E~. O~F LACONIA..qTRKET, WHICH IS AI,.qO TI~E EAST LI~E OF TRACT "A", A OF SOUTH 00"24'26" EAST, A D~'.STANCE O~' 1187. 13 FEET; THENCE SOUTH 52°16'15'' EAST, A DISTANCE OF 12.71. FEET; TIIENCE RUN NORTH 00 "24'26" WEST, A DISTANCE OF 1207.72 FEET; THENCE RUff SOUTH 37~43'45" WEST, A DISTANCE OF ]6.20 FEET TO THW. POI~fT OF SAII; PARCEL'CONTAINS 0.28 ACRES MORE OR LESS EXHIBIT "I" .... LEGAL DESCRIPTION FOR THE VACATED DEEDED PORTION OF ROSELAND ROAD A PORTION OF THE VACATED RIGHT-OF-WAY OF ROSELAND ROAD, MORE PARTICULARLY DESCRIBED AS: CO~/4ENCING AT THE NORTHERLY MOST CORNER OF TRACT "A", ACCORDING TO THE RECORD PLAT OF SEBASTIAN LAKES UNiT ONE, AS RECORDED IN PLAT BOOK 12, PAGES il AND llA, OF THE PUBLIC RECORDS OF INDIAN RIVER. COUNTY, FLORIDA; THENCE RUN SOUTH 37°43'45'' WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF FELLSM-ERE ROAD (COUNTY ROAD 512) A DISTANCE OF 993.72 FEET TO THE POINT OF BEGI~N"NING; THENCE RUN SOUTH 52°16'15'' EAST A DISTANCE OF 670.82 FEET TO A POINT ON A CURVE CONCAViNG SOUTHERLY KAVING A RADIUS OF 225.00 FEET, A DELTA ANGLE OF !6°58'28'', A CHORD BEA~RING OF SOUTH 43°47'01'' EAST, A CHORD LENGTH OF 6~.41 FEET, RUN ALONG SAID CURVE A DISTANCE OF 66.66 FEET TO A POINT ON A CURVE CONCAVING NORTHERLY F-AVING A RADIUS OF 35.00 FEET, A DELTA ~GLE OF 11°59'39'', A CHORD BEARING OF NORTH 58°16'04'' WEST, A CHORD LENGTH OF 7.31 FEET, RUN ALONG SAiD CURVE A DISTANCE OF 7.33 FEET; THENCE RUN NORTH 52°16'15'' WEST A DISTANCE OF 729.24 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF FELLSMERE ROAD, THENCE RUN NORTH 37°43'45'` EAST ALONG LAST SAID RIGHT-OF-WAY LiNE A DISTANCE OF 10.57 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.17 ACRES, MORE OR LESS. City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 March 7, 1996 Mr. Ron Howse, P.A. P.O. Box 701323 St. Cloud, FL 34770-1323 Re: Sebastian Lakes Modified Developer Agreement and Real Property Vacation and Transfer Dear Mr. Howse: I am writing this letter as a follow-up to the brief telephone conversation that we had Monday wherein, i had advised you that a representative of Flor/da Power and Light would be in contact w/th you on the following day. in addition to the outstanding issue to be resolved between your clients and Flor/da Power and Light, there was the issue also relative to a comment received from Indian River County. Based on a phone conversation between you, Mr. Jim Davis, Public Works Director for Indian River County and myself, it was thought that this was a m/nor ~tch m a legal descr/ption that could easily be resolved. As of tiffs date, I have no information relative to the corrective action which may have been taken. The City of Sebastian also had concern about obtaimng appropr/ate easements to support the existing catch basins presently located in the r/ght-of-way of Laconia which is to be vacated. It was suggested by Mr. Jotm Hill, a consulting engineer on behalf of the City of Sebastian, that a blanket drainage easement or sites specific drainage easement for those facilities would suffice. Mr. Ron Howse, P.A. March 7, 1996 Page #2 These items as I recall were the outstanding issues currently not resolved which need to be addressed and resolved prior to the next City Council Meeting, to be held on March 13, 1996. In closing, I would like to clearly state the City's desire to move forward with the development of the Winn Dixie on the proposed sites, however these outstanding issues are matters of great public importance and need to be resolved in advance. If'you have any questions regarding this correspondence or any position of the City, please feel free to contact me at your convenience. Very Truly Yours, Thomas W. Frame City Manager TWF/jmt CC: Arthur L. Firtion, Mayor & Sebastian City Council Clifton McClelland, City Attorney Commumty Development Department Richard B. Votapka, Public Works Director Earl Masteller, P.E., Masteller & Moler RIVER ~R~Y SEBASTIAN LAKES City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CiTY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 27, 1996 - 7:00 p.m. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED iN THE OFFICE OF THE CITY CLERK. 1225 MAIN STREET, SEBASTL4N, 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 provided prior to the meeting- limit often minutes per speaker (R-95-33) Mayor Cartwfi~t called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Henk Toussant, St. Sebastian Catholic Church, gave the invocation. Ci~ Council Present: Mayor Louise Canwfight Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff Present: City Manager, Thomas Frame City Attorney, Clifton McClelland, Jr. City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio i I Regular City Council Meeting March 26, 1996 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) The City Manager requested continuance of items 7A and 8A Resolution No. R-96-23 and Ordinance No. 0-96-09 to April 10, 1996; that item 10 B Heritage Homes be reviewed by Planning and Zoning Commission prior to City Council consideration; and that item 12A Ordinance No. O-96-10 be deferred until after April 30, 1996. MOTION by Bames/Taracka I'll make a motion to defer item 7A -96.026A to continue it to the April 10 meeting. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 MOTION by Barnes/Damp I'll make another motion to continue until April l0 item 8A 96.026B. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting March 27, 1996 Page Three MOTION by Barnes/Halloran I'll make another motion here to defer item 10B the Heritage Company 96.058 until such time as it is heard by Planning and Zoning. ROLL CALL: Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp - aye - aye - aye - aye MOTION CARRIED 5-0 MOTION by Bames/Taracka I'll make a motion to postpone 12A the purchasing procedures 96.045 until subsequent to April 30. ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS Mayor Cartwright announced that April is Confederate History month and said she will issue a proclamation at the next meeting; Mr. Barnes announced the Community Volunteer Day for the Riverview Park Shoreline stabilization project to fill in coquina rock on April 12 and 13. Regular City Council Meeting March 27, 1996 Page Four 7. OUASI-JUDICIAL HEARINGS. FINAL ACTION 96.026A RESOLUTION NO. R-96~23 - Sebastian Lakes Amendment to Development Agreement - Continuation of 3/13/96 Hearing (City Manager Transmittal 3/7/96, Proposed R-96-23, Agreement, Location Map, City Manager Letter to Howse) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHOR/ZING THE MAYOR, AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES, INC. ("PTC") AND LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP ("LENNAR"), THAT AGREEMENT BEING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. (Legal Notice Advertisement 2/7/96, 1st Hearing 2/14/96 Continued to 2/28/96, Readvertised 2/22/96 and 2/23/96, 2/28/96 Hearing Continued to 3/13/96, Readvertised 3/20/96 and 3/22/96, 3/27/96 Hearing) This hearing was continued to April 10, 1996. 4 Regular City Council Meeting March 27, 1996 Page Five PUBLIC HEARING. FINAL ACTION 96.026B A. 96.010A ORDINANCE NO. 0-96-_0.9 - Sebastian Lakes Transfer and Vacation of Real Property - Continued from 3/13/96 (City Manager Transmittal 3/7/96, 0-96-09, City Manager Letter to Howse, Location Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF CERTAIN REAL PROPERTY IN THE CITY OF SEBASTIAN; AUTHORIZING THE TRANSFER AND EXCHANGE OF CERTAIN REAL PROPERTY IN THE CITY OF SEBASTIAN TO ALIGN PROPERLY ROSELAND ROAD SOUTH OF C.tL 512; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 2/16/96, Advertised Legal 2/16/96, 2/28/96 Hearing Continued, Readvertised 3/2/96, 3/13/96 Hearing Continued, Readverfised 3/18/96, Hearing 3/27/96) This heating was continued to April 10, 1996. 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. Approval of Minutes - 3/13/96 Regular Meeting, 3/18/96 Special Meeting Approve Payment to Supervisor of Elections for Indian River County - 3/12/96 Election (City Clerk Transmittal 3/13/96, SOE Letter 3/12/96) Regular City Council Meeting March 27, 1996 Page Six 96.052 C. Resolution No, R-96-31 - Vacation of Easement - Barton ~ Lots 17 and 18, Block 65, Unit 2 (City Clerk Transmittal 3/19/96, Application, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTHEAST FIVE FEET OF LOT 17 AND THE SOUTHWEST FIVE FEET OF LOT 18, PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 65, SEBASTIAN HIGHLANDS UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5-34, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 96.053 D. Formal Acceptance of Walter Barnes' Resignation from Planning and Zoning Commission (City Clerk Transmittal 3/19/96, Barnes' Letter) 96.010B E. Confirm Election of Louise Cartwright - Mayor (City Clerk Transmittal 3/19/96, 3/18/96 Minutes Excerpt) 96.01OC F. Confirm Election of Walter Barnes - Vice Mayor (City Clerk Transmittal 3/19/96, 3/18/96 Minutes Excerpt) 96.054 Sebastian Watershed Action Committee - Community Volunteer Project - Riverview Park Shoreline Stabilization - Request for Use of Yacht Club - 4/12/96 & 4/13/96 - 8 am to 4 pm - Waiver of Security Deposit and Rental (City Clerk Transmittal 3/15/96, Corum Letter 3/15/96, Application) 96.055 H. Sebastian River Art Club - Request Use of Riverview Park - Art Show - 3/30/96 - Standard Conditions (City Clerk Transmittal 3/18/96, Dougherty Letter 3/18/96) 6 Regular City Council Meeting March 27, 1996 Page Seven 96.056 I. 10. 96.057 Reverend John Hill - Sebastian United Methodist Church - Ministerial Association - Riverview Park Easter Sunrise Services - 4/7/96 - 6:30 a.m. to 7:30 a.m. - Use of City Bleachers - Standard Conditions (City Clerk Transmittal 3/19/96, Hill Letter 3/18/96) The City Manager read the consent agenda and the City Attorney read Resolution No. R-96-31 by title only. MOTION by Halloran/Barnes I move to approve all items on the consent agenda item 9. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 PRESENTATIONS Beth Carpenter - Alexandria Enterprises: 7(~UnitAffordable Housing for the Elderly (City_ Manager Transmittal 3/20/96. Carpenter Letter 3[ 15]96. Housing Element CLUP 3-1 and 3-2) The City Manager said he had received a recommendation from Planning and Zoning and was requesting support from City Council for the proposed project at Louisiana and Palmetto. Beth Carpenter presented her request for support and read a proposed letter of support into the record (see attached). She said she had received concurrence from Indian River County to nm water service to the site and would need approval from the City if the project goes through. Ruth Sullivan, 1215 Indian River Drive, Sebastian, suggested getting input from seniors in the community as to the need for this kind of development. Regular City Council Meeting March 27, 1996 Page Eight Ms. Carpenter said a market analysis must still be conducted. The City Manager recommended a motion be made to direct the Mayor to sign the letter and then deal with the water line issue at a later time. The City Attorney suggested a new paragraph: "The Grace Landings project will need to comply with all the requirements of the City of Sebastian's Land Development Code at the time application is made for approval under the Code." Mr. Halloran said Ms. Carpenter had told him that the proposed project falls under exceptions to age discrimination laws and that this will truly be housing for the elderly. MOTION by Barnes/Damp I'll make a motion to recommend approval support for Alexandria Enterprises 70 unit affordable housing at the comer of Louisiana and Palmetto with an addition to the letter supplied by Ms. Carpenter that the project will have to conform to all codes and ordinances of Sebastian when it is finally presented for approval. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Canwfight - aye MOTION CARRIED 5-0 96.058 Heritage Company -Request for Letter of Support to Develop Affordable Housing in Sebastian (City_ Manager Transmittal 3/21/96 McPhillips Letter 3/20/96) This item was postponed for Planning and Zoning review. 8 Regular City Council Meeting March 27, 1996 Page Nine 11. COMMITTEE REPORTS/RECOMMENDATIONS Mayor Cartwright reported on her attendance at the Council of Public Officials meeting at which Pat Callahan, Vero Beach/Indian River County Recreation Director gave a presentation. 12. OLD BUSINESS 96'.045 Ao Ordinance No. O-96-10 - Purchasing Procedures - 1 st Reading Postponed to this Meeting from 2/28/96 (Ci _ty Manager Transmittal 3/21/96) This item was postponed until after April 30, 1996. 96.013 City Attorney Aovlicants for the City of Sebastian for Both In-House Position Consideration and for Legal Services - Deferred from 3/14/96 (CiW Mana~,er Transmittal 3/7/96. Itemized Leeal Costs, Human Resources Director Memo 3/5/96 - Please Refer to 3/14/96 Packet Pgs 215-322 and Additional Backup) Sal Neglia, 461 Georgia Boulevard, Sebastian, recommended against consideration of Warren Dill due to his involvement with local issues and business. Mrs. Damp suggested selecting the top three on each list and interviewing those. All Council members agreed. Mayor Cartwright suggested that each Council member give the City Manager their top three choices in each category by Friday noon. All members concurred with April 13, 1996 at 9:00 a.m. for interviews. The City Manager discussed the pros and cons of ia-house versus legal services. 9 Regular City Council Meeting March 27, 1996 Page Ten TAPE I - SIDE II (7:47 p.m.) The City Attorney discussed the need for support staff and equipment for in-house attorneys. 13. NEW BUSINESS 96.059 A. Sebastian Area Business Council - Request to Use RiverviewPark for Business Fair/Barbecue - 4/28/96 - 9 am to 6 nm - Consider Standard Condition NoJ 6 Re: Sale of Handmade Goods Only (Communi .ty DeYelopment Transmittal 3/19/96. Jacobs Letter 2/14/96) Gene Jacobs, 10946 Roseland Road, said the event will be co-sponsored with the Chamber of Commerce to give local businesses with County licenses an oppommity to promote their businesses. He requested a date change in the document he submitted to City Council. Discussion took place on the requested condition waiver. The City Attorney said with proprietary matters such as this there is flexibility but a rationale for waiver must be established. He suggested that Council could waive the condition but direct staff to look at it for possible revision. MOTION by Bames/Taracka I'll make a motion that we approve the request of the Sebastian Area Business Council to use Riverview Park for the Business Fair and Barbeque and ask to have staff look at this ordinance to determine the viability of role 6 and how we wish to apply it or not apply it in the future and use of electric. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 10 Regular City Council Meeting March 27, 1996 Page Eleven 96.060 B. 9&061 14. Local Review of Federally Funded Activities Proposed to Occur 'ffithin Municipal Boundaries of Sebastian (Ci _ty M~ager Transmittal 3/19/96. DCA Letter 3/11/96) City Council concurred with the recommended review of local federally funded activities and directed that the City Manager be designated the contact person. C. Memo from Ci.ty Mana~r Re: Grant Applications (Memo 3/20/96) The City Manager asked Council for direction to explore the oppommity to see if there are grant funds the City can obtain from the Florida Inlet Navigation District. City Council concurred. Mayor Cam~ght called recess from 7:58 p.m. to 8:12 p.m. All members were present. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Donald B. Smith, 208 Poinciana Street, Sebastian, said this is a historic time in Sebastian's history as a new beginning, and recommended that the city form a team and utilize total quality management to move forward. Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed problems with Falcon Cable and suggested Council look into other services; and suggested City Council members put shields on their vehicles, stating he would fund the first. Larry Driver, 462B DelMonte Road, Sebastian, welcomed new Council members; and said he had been told by many people that Carl Fischer has a conflict of interest on Planning and Zoning. John Hadaway, 1671 North U.S. 1, Sebastian, congratulated Mayor Cartwright on her appointment; and recommended a marina for sport fishing boats. 11 Regular City Council Meeting March 27, 1996 Page Twelve Charles Stachel, 1698 Coral Reef Street, Sebastian, reiterated his concern for the composition of the Riverfront Committee. He suggested one or two additional at-large members who have nothing but residential interest. 15. CITY COUNCIL MATTERS A. Mayor Louise Cartwright Mayor Cartwright suggested that the two new City Council members appoint two additional members with residential interest to the Riverfront Committee. Discussion followed. TAPE II - SIDE I (8:45 p.m.) Mayor Cartwright requested that the new members give the City Manager names by Friday and requested the City Clerk to provide the documentation previously presented by John Hill and AIA to the new Council members. 96.062 Appointments to County and Regional Boards (City. Clerk Transmittal 3/21/96. List) Affordable Housine Mayor Cartwright appointed George Bonacci, Building Official. Council of Public Officials Member - Mayor Louise Cartwfight Alternate - Councilmember Norma Damp Economic Development Council Member - Councilmember Nonna Damp Alternate - Vice Mayor Walter Barnes 12 Regular City Council Meeting March 27, 1996 Page Thirteen Emergency Services Member - Councilmember Richard Taracka Alternate - Councilmember Norma Damp Land Acquisition Committee Mayor cartwright appointed Carolyn Corem as ex-officio member and she accepted. Metronolitan Plannin~ Omanization Member- Councilmember Ray Halloran Alternate - Vice Mayor Walter Barnes Mayor Cartwfight requested that Harry Thomas, member of the MPO Citizen Advisory Task Force remain as member and report periodically to City Council; and directed the City Manager to appoint someone from Public Works to the MPO Bikepath Committee to replace Chief Petty. Sebastian River Area Chamber of Commerce Mayor Cartwright requested that Thomas Frame, City Manager to be the primary delegate and Councilmember Richard Taracka volunteered to act as alternate. Treasure Coast Council of Local Governments Member - Vice Mayor Walter Barnes Alternate - Mayor Louise Cartwfight Treasure Coast Regional Planning Council Member - Councilmember Ray Halloran Alternate - Councilmember Richard Taracka 13 Regular City Council Meeting March 27, 1996 Page Fourteen Mayor Cartwright commended the City Manager for the Lion's Club agreement for the Fourth of july celebration; said she had received a letter from the Chamber of Commerce stating that the Olympic Torch will make a stop in Sebastian and that Virginia King was forming a committee for the event, for which she requested a Council volunteer. Mr. Taracka volunteered. Larry Driver said Dave Cherry will be carrying the torch. Mayor Cartwfight thanked all for the support she has received. She said she preferred to be reached at home and said she believed this Council will work well together. B. Vice Mayor Walter Barnes Mr. Barnes thanked all those who supported him; said the A/rport needs management and suggested someone with experience be put m place whether or not it be the previous Airport Manager; expressed concern for the upcoming televised event scheduled at Skydive Sebastian. The City Manager said Greiner had contacted FAA and that there are requirements that Skydive Sebastian must meet to hold the May 4th and 5th event. In response to Mr. Barnes, the City Manager said Airport Drive West construction has gone out to bid. Mr. Barnes said cable companies cannot be forced to bid, however, suggested that perhaps a letter can be sent to TCI. The City Manager reminded eye, one that Falcon has a non-exclusive franchise. Mr. Barnes said he had received calls regarding the prox/mity of the proposed gun range to schools. C. .Mrs. Norma Damp Mrs. Damp congratulated Mayor Cartwright on a well-mn meeting. 14 Regular City Council Meeting March 27, 1996 Page Fifteen D. Mr. Raymond Halloran Mr. Halloran said there is a wireless cable company currently soliciting in Sebastian; and reported that he and others are working together to promote the arts in the Sebastian area and are looking for input. E. Mr. Richard Taracka Mr. Taracka said he has talked with airport tenants who are concerned for safety at the airport. He asked that the Council direct the City Manager to hire an airport manager. Mayor Cartwright suggested that each member check with his or her insurance carrier regarding Mr. Neglia's suggestion about shields on Council's personal vehicles. 16. CiTY ATTORNEY MATTERS None. 17. CITY MANAGER MATTERS, The City Manager said ISO Commercial Risk Services will be conducting a program to evaluate building code effectiveness in Sebastian to determine insurance premiums in mid-June; said a public hearing will be held by Indian River County on April 23 to consider extension of the local option gas tax for an additional thirty years; said Chief Petty had tendered his resignation to the fact that he had been selected to serve in Bosnia for one year on a United Nations Police Task Force; and said he had a meeting with County officials regarding the extension of water lines in Sebastian and inquired how Council wanted to handle assessments and suggested allowing Indian River County to handle the assessments. It was the consensus of City Council to request Indian River County to do the assessment. 15 Regular City Council Meeting March 27, 1996 Page Sixteen 18. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 9:30 p.m. Approved at the ,1996, Regular City Council Meeting. Louise R. Cartwright Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 16 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Use of Community Center APPROVED FOR SUBMITTAL BY: AGENDA NO. Dept. Origin :__City Clerk Date Submitted:__April 2, 1996 For Agenda Of: __April 10, 1996__ 1 City Manager: ~/tl)~(~/~-~]--Exhibits: ~-- ] Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received an application from Steven Woodworth requesting the use of the Community Center on April 20, 1996 for a wedding reception from 3:00 PM to I1:00 PM. He is also requesting approval to serve alcoholic beverages at this event. The security deposit of $250.00 was received with the application. RECOMMENDED ACTION Move to approve the request with the use of alcohol. ATE: /7/"/"/9~'' Name of Permit'tee · CITY OF SEBASTIAN RENTAL PERMIT APPLICATION [ ~COI~[MUNITY CENTER [ Address of Permit'tee ' ] YACHT CLUB Teieohone No.: Name of Orgcmizat~on or Group ff Applicable: Please Answer YES ar NO: i) Are kitchen facilities r~quired? 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be cm admission or door charge? 5) Will alcoholic beve~ges be served? Make Checks Payable to: CITY OF SEBASTIAN '"SPECIAL NOTE: A service fee of 5% or $'20.00 (whichever is greater) may he charged for any dishonored check per Flor/da State Statute 166.251. OFFICE -. USE ONLY Security Deposit Pc~id On Rentc~ Fee Paid On Gte Date Alcohol Beve~ge Requ. est hecn-d ~ the Counc~ Mee~ng on Key Pfckup Date Security Deposit Returned By City Check No. Comments: C~sh Caeck Cash Check ~<ey Return Date in ~he amount of Initi~s [mtiais APPROV~D/D~-NI~ on City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 i FROM THE SUBJECT: RES £ GN,AT I ON $.EBAST£AN CONSTRUC[TON BOARD I ,kppro-ved For S~,fi'mittc~£ g'.,,: Dcp ~ . Or i. g i.'rt: Cotmtm-~'L tv De've.£ ol~me~.tt Dcz~e Sufimitted: For Agend~ Of: ExA¢fi~ts: Letter of from N;c.&o[&s EXPENDITURE REQUIRED: A~DUNT BUDGETED: AP PROPR; AT I ON RED: 5 UMMAR'¥ STATEMENT At tAe~'r meet£-r~g ftefd 3/12/9~, tAe Sefi~s'ti~,~ Co~,st'ruc.~.;o-~, Boa-;'~' ~m.t~e rr'~d passed una. ni,.moufy tAe. foCrow~-~ mot ~o~' ,~TrON BT _~, H, SMITH, SECONDED B2' ~. CE~RLE TO ,ACCEPT · ~. MESSrNA'S RESfGNATION WJTH REGRET. 5~T ION CARR I ED, _RE__C_Ob~END£_D &_C? z ON. Move to t~ccept Mr. Me~ i.~z~ ' s res .i.g~ /-o~'. ri f,," City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Gift to the Sebastian ) Golf Course From Mrs. Edna Willey ) Restroom Improvements ) Approval For Submittal By: - City Manager AGENDA NO. Dept. Origin: City Manager Date Submitted: 04/04/96 For Agenda Of: 04/10/96 Exhibits: Letter dated 3/25/96 From Frank J. Oberbeck, President of Oberbeck & Associates Inc. EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY Attached is a letter dated March 25, 1996, from Mr. Frank Oberbeck of Oberbeck & Associates, Inc. As can be seen from the letter, Mrs. Edna Willey, a member of the Sebastian Golf Course, has contacted Mr. Oberbeck regarding improvements to the four (4) fairv~.ay restrooms. Mr. Oberbeck has made contact with the Golf Course Manager, Mr. Cerjan and Mr. Cerjan has informed me that he is in agreement with the proposal to the improvements as indicated within Mr. Oberbeck's letter. In order to effectuate the gift through Mr. Oberbeck, the following action recommended by the City Attorney must occur: A waiver from the requirements of City Code, Section 2.91 (b). A waiver of this section would formally waive the requirement for a requirement to solicit sealed bids and would waive the requirement to enter into a fmxnal contract with the contractor by the City Council. If this section is waived, it would be anticipated that a letter of engagement between the contractor and the City would suffice, assuming that the language of the letter of engagement was sufficient to meet the concerns of the City Attorney and that the City Manager would be authorized to sign on behalf of the City Council. Waive the building permit fees that may be applicable in this case. As a matter of practice, the City has always required the contractor, for any City work to apply for appropriate permits, but has always waived the collection of permit fees. Inasmuch this work is being done at the request of Mrs. Willey through Mr. Oberbeck, I would also request that the fees be waived accordingly. RECOMMENDATION Recommend that the City accept the gift as proposed by Mrs. Willey through Mr. 0berbeck's letter and that the City waive any formal bidding requirements and to also waive any required building permit fees that would be applicable. Finally, that the City Manager be authorized to sign a letter of engagement between the City and Oberbeck and Associates, Inc., subject to approval of the City Attorney as to language contained therein. 1013 U.S. #1 Oberbeck & Associates GENERAL CONTRACTORS & BUILDERS P,O. Box 780205 Sebastian, Florida 32978 Phone (407) 589-2223 3/25/96 City of Sebastian 1225 Main St. Sebastian, Fl. 32958 Re: Rest rooms at Golf Course ATTN: Mr. Tom Frame- City Hanager Dear Sir, As previously discussed, a long bime friend of mine, 'Mrs. Edna Willey, who is a member of %he Golf Course, has approached me with regard to cleaning up the Four (4) Fair- way rest rooms. I reviewed this,and met with the Course Manager Mr. Cerjan. The following items are his recom- mendations: 1. Install Ceramic Tile floors, mud set to pitch to Floor Drains. Color White. 2. Install Marble Threshold at doors. 3. Install 4"x 4" White Ceramic Wall Tile 4' h~gh. 4. Install interior trim on windows. 5. Reduce size of Toilet partitions in Men's rooms. 6. Repair decayed door jambs. 7. Paint interior remaining area and doors. 8. Clean all fixtures prior to re-installing . 9. Replace defective sink trim. As discussed, none of the costs for the above work will be charged to the City of Sebastian, or the Golf Course Fund. This is to be a donation from Mrs. Edna Willey. All work will be performed by licensed contractors, and coordinated with the Golf Pro and the Building Dept. Should you have any questions please contact me. Respectfully, ~'~.Ob~bL=d~~z President .Oberbec~ & ASSociates, Inc. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Purchase & Installation ) of a Computer Network System ) For The Building Dept. & Waiver of ) Sealed Bid Procedure Approval For Submittal By: ) City Manager ~ ~' ~ ) ) ) ) ) ) ) AGENDA NO. Dept. Origin: City Manager Date Submitted: 04/04/96 For Agenda Of.' 04/10/96 Exhibits: -Building Department Computer Network Upgrade Exhibit "A" EXPENDITURE REQUIRED: $ 10,051.50 AMOUNT APPROPRIATION BUDGETED:$ 10,052.50REQUIRED: _ 0 - SUMMARY This is a new Computer Network System for the Building Department which will replace the current old insufficient system. Total Cost is $10,051.50 and involves three (3) separate vendors to make tile system complete. Piggyback form of cooperative purchasing will be used off of Florida State Contract along with an authorized dealer for set up and installation. This equipment is one of the best name brands on the market and assures us of reliability and the best life expectancy. RECOMMENDATION Recommend the purchase of the above state Computer Network System be approved and the sealed bid procedure be waived in view of the use of Florida State Contract and the local authorized COMPAQ Network Dealer. BUILDING DEPARTMENT COMPUTER NE'I'VVORK UPGRADE EXHIBIT "A" 5 5 1 1 1 4 Hrs. 12 Hrs. 2 Hrs. Compaq Prosignia 500 File Servers ;PiN 224000-002 Model 5/120, 16 MB ECC Memory, 1.05 SCSi hard Drive, Neflex- L Enet Controller, Fast SCSI - 2/P, CD ROM 3 Yr. on-site, 4 Hr. Response Warranty Compaq VGA Monochrome Monitor, PIN 194951-001 - 1 Yr. Warranty Compaq Color Monitor, PIN 210506-601 Replaces Defective One Compaq Back-up Tape, 2/8 GiG Dat Drive, P/N 142019-001 Compaq Memory Up-Grade 16 Meg, PIN 148189-o01 Novell 3.12 10 User Up-grade to 4.1 (CD-ROM) PIN 187072-005 Compaq Model 1500 Power Supply, P/N 142.228-002 - 3 Yr Warranty Compaq Ethernet Network Cards, PIN 148916-001 Hewlett - Packard Advance Stack 10 Base, :12 HUB, (12 R J-45 & iBNC) PIN J2600A Hewlett - Packard Jet Direct Ex Print Server PIN J 2382B 4 MM Dar Tapes ARCADA Back-up Exec. For Novell Adapter Cable, PIN 222921-001 Power Chute For Novell Network Training Transfer Files From Existing Server To New Server, Configure Print Server Configure Workstations PROVI¢'E~ ' Compaq State Contract Compaq State Contract Compaq State Contract Compaq State Contract Compaq State Contract Compaq State Contract Compaq State Contract Compaq State Contract H.P. State Contract H.P. State Contract Technology Partners Technology Partners Technology Partenrs Technology Partners Technology Partners Technology Partners Technology Partners COST EACH 100.00 10.50 65.00 65.00 65,00 ]TOTAL $ NET 3,811.00 193.00 262.OO 867.00 648.00 541.00 707.00 500.00 466.95 317.00 52.50 336.05 81.00 99.00 260.00 780.00 130.00 $10,051.50 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Purchase of John Deere ) Tractor for Golf Course & Waiver of ) Sealed Bid Procedure ) - ) Approval For Submittal By: ) ) City Manager /7~a~Jc~J,~ ) ) ) ) ) ) AGENDA NO. Dept. Origin: City Manager Date Submitted: 04/04/96 FOr Agenda Of: 04/10/96 Exhibits: EXPENDITURE REQUIRED: $12,613.01 AMOUNT APPROPRIATION BUDGETED:s12,61.3.01 REQUIRED:-0- SUMMARY Purchase John Deere Tractor, Model 1070 at a cost of $12,613.01 for use at the Sebastian Municipal Golf Course. This is a replacement unit for a 1983 Massey Ferguson. John Deere's contract with the State of Florida expires April 30, 1996, at which time any new contract prices will go up. Time is of the essence. RECOMMENDATION Recommend purchase be approved and sealed bid procedure be waived because this tractor is available through Florida State Contract utilizing the piggyback form of cooperative purchasing. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Purchase of Used Mower ) For Golf Course & Waiver of Sealed ) Bid Procedure ) ) Approval For Submittal By: ) City Manager AGENDA NO. Dept. Origin: City Manager Date Submitted: 04/04/96 For Agenda Of.' 04/10/96 Exhibits: Exhibit "A" EXPENDITURE REQUIRED: $7,200.00 AMOUNT BUDGETED: $7,2O0.00 APPROPRIATION REQUIRED: SUMMARY Purchase a National Model 84 Van, 16 H.P., Triplex Mower at a cost of $7,200.00, Demo with 52 Hours. Full one (1) year warranty parts and labor. This same mower new (County Awarded Contract) is $15,900.00. The mower is being held, pending City Council's decision. Time is of the essence. RECOMMENDATION Recommend that the above mower be purchased as stated and that sealed bid procedures be waived as this is a one of a kind deal.