HomeMy WebLinkAbout05081996 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CiTY COUNCIL
i REGULAR MEETING
WEDNESDAY, MAY 8, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL/4 GENDA 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 often minutes per speaker (R-95-33)
I. CALL TO ORDER
PLEDGE OF ALLEGIANCE
iNVOCATION - No One Available
4. ROLL CALL
96.084
96.085
1
96.086
2
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)
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Presentation of Plaque to Damien Gilliams - Code Enforcement
Board (5/89 - 4/96)
B. Proclamation - Teacher Appreciation Week - 5/6/96 - 5/10/96 - IRC
School System
C. Proclamation - Older Americans Month - May - Council on Aging
- Carol Johnson Accepting
96.039
5-17
PUBLIC HEARING. FINAL ACTION
The normal order of business for public hearings (R-95-33) is as follows:
Mayor Opens Hearing
Attorney Read~ 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
RESOLUTION NO. R-96-33 - Harbor Point Sandmining Special
Use Permit (Community Development Transmittal 5/1/96, R-96-33,
Plans Under Separate Cover, P & Z Memo 4/5/96, Masteller Letter
3/25/96, Map)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A
SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL
MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN TO HAROLD
ADAMS FOR THE HARBOR POINT SUBDIVISION PROJECT SITE
LOCATED ON LOTS 1-16 OF BLOCK 510, LOTS 1-21 OF BLOCK 512,
AND TRACT A, ALL LOCATED IN SEBASTIAN FiIGHLANDS UNIT
16 AND CONSISTING OF APPROXIMATELY 18.72 ACRES;
PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE
ISSUANCE OF THE SPECIAL USE PERMIT; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS 1N
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
19-32
96.087
33
96.088
35
96.089
37-47
96.080
49-51
o
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
A. Approval of Minutes - 4/24/96 Regular Meeting
Bo
Waive Bid Procedure - Golf Course - Purchase Toro Greens Master
Lawnmower - Piggyback GSA Contract - $15,106.23 (City Manager
Transmittal 4/16/96)
Waive Bid Procedure - Golf Course - Purchase Jacobsen
Lawnmower - Piggyback Florida State Contract - $ 9,763.00 (City
Manager Transmittal 4/16/96)
RESOLUTION NO. R-96-37 - Vacation of Easement - Lots 9 & 10,
Block 225, Sebastian Highlands Unit 6 (City Clerk Transmittal
4/30/96, R-96-37, Application, Survey, No Objection Letters,
Authorization for Ameron)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE SOUTHEAST SIX
FEET OF LOT 9 AND THE NORTHWEST SIX FEET OF LOT 10,
PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 225,
SEBASTIAN HIGHLANDS UNIT 6, ACCORDING TO THE PLAT
THEREOF, RECORDED 1N PBI 5-95, 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.
Fourth of July Committee - Request Approval for 1) LaPorte
Farms Animal Petting Zoo (NW Comer) in Riverview Park on
7/4/96; 2) Cathy Lees Pony Rides and Photo Show (SW Comer) in
Riverview Park on 7/4/96; and 3) Lions Club to Serve O'Douls Non-
Alcoholic Beer (City Clerk Transmittal 4/30/96, Pawlus Letter
4/23/96, 74-3 Code)
96.090
53-54
96.091
55-56
96.092
57-59
10.
61-70
96.093A
96.093B
71-82
96.05 lA
96.05 lB
Craft Club of Sebastian - Request Use of Riverview Park - Craft
Shows- 10/5/96, 11/5/96, 12/7/96, 12/8/96, 1/4/97, 2/1/97, 3/1/97-
Raindates Sunday Following Except December - Standard
Conditions (City Clerk Transmittal 4/29/96, Stimmel Letter)
Sebastian River Art Club - Request Use of Riverview Park - Art
Shows - 11/16/96, 12/15/96, 1/11/97, 2/15/97, 3/8/97 and 4/20/97 -
Standard Conditions (City Clerk Transmittal 4/22/96, Heffren Letter)
Romero/Our Lady of Guadalupe Mission - Request Use of
Community Center - Mothers' Day Dance - 5/10/96 - 8 p.m. to
Midnight - Admission Fee - Security Pd (City Clerk Transmittal
4/30/96, Application, Excerpt ofR-94-50)
pRESENTATIONS
COMMITTEE REPORTS/RECOMMENDATIONS
CODE ENFORCEMENT BOARD (Community Development
Transmittal 4/29/96, Applications (2), Code Enforcement Memo
4/18/96, Sees 2-179 & 2-180 Code, R-94-51-Sec. 10)
Interview and Appoint Regular Member - Realtor Position to
Expire 3/99 - Board Recommends Ken Cosco
Interview and Appoint Alternate Position Vacated by Ken
Cosco (If Appointed to Regular Member) to Expire 6/98 -
Board Recommends Dave Costa
PLANNING AND ZONING COMMISSION (Community
Development Transmittal 4/29/96, Applications (3), P & Z Memo
4/19/96, Sec 10-R-94-51)
Interview and Appoint Regular Member Position to Expire
4/99 - Board Recommends Reappointment of Jean
Brantmeyer
Interview and Appoint Alternate Member Position Vacated by
Robert Pliska to Expire 1/99 - Board Recommends Larry
11.
96.094
83-84
12.
96.013
85-96
96.O95
97-100
96.096
101-108
Driver
OLD BUSINESS
Schedule Council Workshop - City Manager Recommendation June
11, 1996 - 9:00 a.m. (City Manager Transmittal 5/1/96, Calendar)
NEW BUSINESS
RESOLUTION NO. R-96-32 - Legal Services Agreement - Valerie
Settles (City Manager/Human Resources Transmittal 5/2/96,
R-96-32, Proposed Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE A LETTER OF AGREEMENT FOR LEGAL
SERVICES BETWEEN THE CITY AND VALERIE F. SETTLES FOR
THE PURPOSE OF UTILIZING THE LEGAL SERVICES OF MS.
SERVICES AS THE CITY ATTORNEY; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
BellSouth Mobility Temporary Cell Site - Temporary
Communications Facility Agreement (City Manager/PD Transmittal
4/30/96, PD Memo 4/24/96, Proposed Letter Agreement)
RESOLUTION NO. R-96-34 - Amend 95/96 Fiscal Year Budget
(Finance Director Transmittal 4/26/96, R-96-34, Mid Year Budget
Adjustment Under Separate Cover)
A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995
AND ENDING SEPTEMBER 30, 1996; DETERMINING AND FIXING
THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT
FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF
APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS AND
EXPENDITURES FOR THE GENERAL FUND, EXHIBIT "A", GOLF
COURSE FUND, EXHIBIT "B", AND AIRPORT FUND, EXHIBIT "C";
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
96.097
109-128
96.098/
95.102
129-149
AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. ~x-96-35 - Amend R-95-96 Re: FDOT Grant
(Finance Director Transmittal 4/26/96, R-96-35)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA AMENDING RESOLUTION NO. R-95-56 WHICH
APPROVED THE JOINT PARTICIPATION AGREEMENT (GRANT)
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR RECONSTRUCTION AND OVERLAY OF
SEBASTIAN MUNICIPAL AIRPORT RUNWAY 4-22 IN THE
AMOUNT OF $475,200.00; AMENDING THE AGREEMENT AMOUNT
TO $475,000.00; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
mo
RESOLUTION NO. R-96-36 - Authorizing Execution of Sebastian
Scrub - Option Agreement for Sale and Purchase - Atlantic Gulf
Communities Corporation/Florida Communities Trust/City of
Sebasfian/lndi~ River County (City Manager Transmittal 4/29/96,
R-96-36)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
AGREEMENT AMONG ATLANTIC GULF COMMUNITIES
CORPORATION, FLORIDA COMMUNITIES TRUST, Tile CITY OF
SEBASTIAN, AND INDIAN RIVER COUNTY, THAT AGREEMENT
BEING AN OPTION AGREEMENT FOR SALE AND PURCHASE OF
REAL PROPERTY IN SEBASTIAN HIGHLANDS UNIT 17;
PKOViD1NG FOR RECORDING; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF KESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVEKABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
13.
14.
95.099/
94.132
15.
16.
17.
INTRODUCTION OF.,,,~qEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
CITY COUNCIL MATTERS
A. Mr. Raymond Halloran
B. Mr. Richard Taracka
C. Mayor Louise Cartwright ·
1. Police Department Building
D. Vice Mayor Walter Barnes
E. Mrs. Norma Damp
CiTY ATTORNEY MATTERS
CITY MANAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL
NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD.
(286. olo5 F.$.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO
NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE
CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS
MEETING.
7
I
i
I
WHEREAS, a strong effective system of free public education for all
children and youth is essential to our democratic system of government; and
WHEREAS, the Indian River County School System has made
considerable progress in the social, technological and scientific fields due to
our system of free and universal public education; and
WHEREAS, much of this progress can be attributed to the qualified and
dedicated teachers entrusted with educational development of our children and their
full potentials; and
WHEREAS, teachers should be accorded high public esteem, reflecting the
value that the community places on public education; and
WHEREAS, it is appropriate that teachers be recognized for their dedication
and commitment to educating their students;
NOW, THEREFORE, I, Louise R. Cartwright, by the authority vested ha me
as Mayor of the City of Sebastian, Florida, do hereby proclaim May 6th through May
10, 1996 as "Teacher Appreciation Week" and urge all citizens to pay tribute to our
public school teachers.
IN WITNESS WHEREOF, I have hereunto set my band and caused the seal
of the City of Sebastian, Florida, to be affixed this Sth day of May, 1996.
ATTEST:
Kathryn ~. O'Halloran, City Clerk
~Louise R. Cartwright, May~
, pRoGLAi , TioN
I
WHEREAS, Older Americans are significant members of our society, investing
their wisdom and experience to help enrich and better the lives of younger generations
and those less fortunate; and.
WHEREAS, the City of Sebastian is fortunate to have numerous Older
Americans who are valuable contributors of both time and resources which help to
make this a premiere city; and
WHEREAS, allowing Older Americans to maintain their dignity, self-worth and
independence is the foremost way to benefit from the experiences, skills and
knowledge of this outstanding group of citizens; and
WHEREAS, the Indian River County Council on Aging has provided services to
Older Americans for over 22 years with Senior Centers in Veto Beach and Sebastian
offering activities, programs and socialization as well as in-home services for those in
need, Meals on Wheels, telephone reassurance, Adult Day Care and transportation;
NOW THEREFORE, I, Louise R. Cartwright, by virtue of the authority vested in
me as Mayor of the City of Sebastian, Florida, do hereby proclaim Saturday, May, 1996
as
"OLDER AMERICANS MONTH"
in the City of Sebastian and encourage our citizens to honor our Older Americans
this month and throughout the year.
iN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Sebastian, Indian River County, Florida this 8th day of May, 1996.
Louise R. Cartwright, Mayor
A'PFEST:
Kathryn M. O'Halloran, City Clerk
SUSJ~CT: PUBLIC HEAE~NG REGAsDiN~ )
R-96-33 GRANTING A SPECIAL USE )
PERMIT FO~ SAND MINING TO ~. ADAM~ )
FOR HARBOR POINT SUBDIVISION ;
)
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
Agenda Number:
Approved For Submitt~By:
)
City Manager ~~ ,~/-d~ ~ )
)
Dept. Origin: Community. Development
Date Submitted:
5/01/96
For Agenda Of:
5/08/96
Exhibits:
1. R-96-33
2. Applic. for Sand Mining Permit
~lans by Mosby Job No. 95-356
with revision date 3/7/96
4. P & Z memo of 4/5/96
5. Masteller letter of 3/25/96
Location map
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On March 13, 1996, the City Council approved a preliminary plat for a
major subdivision Known as Harbor Point to H. D. Adams Enterprises, Inc.
Development of the site will require the removal of existing earth mounds
which were le~t Dy General Development Corporation when the perimeter
canals were dredged years ago. Additional sand must also be removed to
construct the retention areas for the site as required by St. John's Water
Management District.
The construction of this subdivision will require the removal of sand and
soil from the site in the amount of approximately 14,200 cubic yards.
Section 20A-5.20(h) defines the removal of more than 5,000 cubic yards of
material from any project site as "mining" and Section 20A-5.30 requires a
special use permit for mining to be issued for such activity.
At its regular meeting of April 4, 1996, the Planning and Zoning
Commission held a public hearing regarding this request. Their
recommendation for approval is attached. Also attached is a letter from
Devon Rushne!l of Masteller & Moler, Inc., Sebastian's Consulting
Engineer, which also recommends approval subject to three conditions.
RECOMMENDED ACTION
Conduct public hearing regarding Resolution R-96-33.
Resolution No. R-96-33.
Move to adopt
RESOLUTION NO. R-96-33
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A
SPECIAL USE PERMIT FOR 'THE MINING OF SAND AND SOIL
MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN TO HAROLD
ADAMS FOR THE HARBOR POINT SUBDIVISION PROJECT SITE
LOCATED ON LOTS 1-16 OF BLOCK 510, LOTS 1-21 OF
BLOCK 512, AND TRACT A, ALL LOCATED IN SEBASTIAN
HIGHLANDS UNIT 16 AND CONSISTING OF APPROXIMATELY
18.72 ACRES; PROVIDING FOR COMPLIANCE WITH THE
REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF
CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE
PERMIT; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, H. D. Adams Enterprises, Inc. was granted
preliminary plat approval for a major subdivision in the City
of Sebastian known as "Harbor Point" on March 13, 1996; and
WHEREAS, the construction of this subdivision will
require the removal of excess sand and soil materials
totaling mately !4,200 cubic yards; and /_~ 0O~
WHEREAS, Harold Adams has applied for a special use
permit for the removal of sand and soil materials from
the Harbor Point Subdivision project site, specifically
located on Lots 1 through 16 of Block 510, Lots 1 through 21
of Block 512 and Tract A, all located in Sebastian Highlands
Unit 16 in the City of Sebastian, Indian River County,
Florida; and
WHEREAS, the Planning and Zoning Commission held a
public hearing regarding this application on April 4, 1996,
and recommended approval of the special use permit for the
mining of sand and soil materials; and
WHEREAS, the City Council has considered the
recommendations and comments of the Planning and Zoning
Commission and the City staff; and
WHEREAS, the City Council has conducted a public hearing
after compliance with the provisions of Section 20A-2.6(D) of
the Land Development Code of the City of Sebatian to afford
the input of comments and evidence from all interested
persons, citizens and affected persons; and
WHEREAS, the City Council has determined that the
granting of the special use permit to the applicant will not
be detrimental to the public safety, health or welfare or be
injurious to other properties or improvements within the
immediate vicinity in which the Applicant's property that is
the subject of the special use permit is located; and
WHEREAS, the City Council has determined that the use
requested by the Applicant, the removal of sand and soil
materials, is necessary for the development of the approved
preliminary plat which is consistent with the purpose and
intent of the zoning district in which the property lies; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as
follows:
Section 1. SPECIAL USE PERMIT. The application for
the issuance of a special use permit for the mining of sand
and soil materials submitted by Harold Adams for the real
property located on Lots 1 through 16 of Block 510, Lots 1
2
through 21 of Block 512 and Tract A, all located in Sebastian
Highlands Unit 16 in the City of Sebastian, Indian River
County, is granted subject to the requirements and conditions
contained in this Resolution.
Section 2. CONDITIONS OF APPROVAL AND CONTINUATION
OF THE SPECIAL USE PERMIT. The approval by City Council of
the special use permit for the mining of sand and soil
materials that is the subject of this Resolution and the
continuation of such special use permit until its expiration
as provided for in the Resolution is conditioned on the
continuous satisfaction of, and compliance with, the
following requirements by the Applicant or its successors
and assigns:
Compliance with the provisions of all applicable
federal and Florida statutes, rules and regulations,
county ordinances and the ordinances and resolutions
of the City of Sebastian, including, but not by way
of limitation, Sections 20A-5.19 and 20A-5.45,
inclusive, of the Land Development code.
The providing of compliance and restoration bonds to
the City of Sebastian in a form, and for such
amounts, acceptable to the City per Section 20A-5.30
(e).
The requirement of a Type A or natural landscaping
buffer/screening in accordance with Section 20A-5.30
(c)(5) will not be necessary as the site is abutting
a canal on three sides and a PUD-C zoning district
on the remaining side. This is further supported by
the applicant's acknowledgment that this permit is
for the removal of excess sand and soil materials
required for the development of an approved
preliminary plat and is not a commercial mining
operation.
D. Should the mining operation extend beyond October 1~
the applicant will submit a progress report to the
City pursuant to Section 20A-5.30(d)(4).
Section 3. EXPII~ATION OF THE SPECIAL USE PERMIT.
The special use permit granted to the Applicant pursuant to
this Resolution is for a one (1) year period, commencing on
the date this Resolution is approved and terminating one (1)
year from such date of adoption.
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 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 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
Counc i lmember
by Councilmember
a vote, the vote was as follows:
The motion was seconded
and, upon being put to
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Councitmember Norma J. Damp
Councilmember Richard Taracka
Councilmember Raymond Halloran
The Mayor thereupon declared this Resolution duly passed
and adopted this day of , 1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwright Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
CITY OF SEBASTIAN, FLORIDA
THIS APPLICATION FOR A SAND MINING PERMIT IS PURSUANT TO THE LAND
DEVELOPMENT OF THE CITY OF SEBASTIAN, FLORIDA, SECTION 20A-5.19.
PRINTS OF A MINING SITE PLAN PREPARED, SIGNED AND SEALED BY A
PROFESSIONAL ENGINEER LICENSED IN THE STATE OF FLORIDA.
PLEASE COMPLETE ~IE FOLLOWING:
1. DATE OF AP~LICATION: ~h ~_
2. SECTION, TOWNSHIP ~ID RANGE TOGE~tER WITS A LEGAL DESCRIPTION
OF PROJECT AREA: (LEGAL DESCRIPTION MAY BE ATTACHED TO
APPLICATION.) ALL OF TRACT "A" LOTS 1TMROr;CN 1~ OF RL~CM
& LOTS 1 THROUGH 21 OF BLOCK~2, SEBASTIAN HIGHLANDS UNIT
AS RECORDED IN PLAT BOOK 8, PAGES 45, 45-A THROUGH 45-J
t~UBLIC RECORDS OF INDIAN RIVER COUNTY
NAME AND ADDRESS OF OWNER OF RECORD: HAROLD ADAMS
NAME AND ADDRESS OF APPLICANT: (IF DiFFeRENT ~'ROM OW~
ATTACH LETTER OF AUTHORIZATION) RANDY L. MOSEY, P.E. ~
MOSBY & ASSOCIATES, INC.
2455-14th AVENUE, VERO BEACH, FL 32960
TELEPHON~ (INCLUDE AREA CODE=) (407) 569-0035
ATTACH NINE (9) PRINTS OF MINING SITE ~LAN TO APPLICATION
SHOWING AT LEAST THE FOLLOWING INFORMATION:
(a) ~;orth point arrow, scale acceptable to the city
engineer, and date.
(b) Location of the area to be excavated including the
location of any easements or rights-of-way.
(c) Existi,g and proposed grades based on U.S.G.S. datum.
(d) Location of all existing and proposed structures.
(e) Location of all areas on the property subject to inundation
or flood hazard, and the location with and direction of
flow of all waterways and flood control channels ~hat may be
affected by the excavation.
(f) Bench marks.
(g) Typical cross sections, showing the extent of overburden,
extent of sand and gravel deposits, and the water table.
(h) Processing and storage areas.
(i) Proposed screening including fencing, gates, parking areas
and signs.
(j) Ingress/egress roads, plus on-site roads and proposed
surface treatment and means to limit dust.
(k) A map showing access routes between the property and the
nearest arterial road.
(1) Areas to be used for ponding.
Statement describing method of operation. A statement shall be
submitted with ~he site plan to include the following:
(a) The approximate date of commencement of the excavation and
the duration of the operation.
{b) Proposed hours and days of operation. .~Q~.L~
Estimated date and volume of the excavation.
Method of extractif~g and processing, including the deposit
of overburden or top soils.
Equi~3ment proposed to be used in the operation of the
excavation.
Operating practices proposed to be used to minimize noise,
dust, air contaminants and vibration.
Method to prevent pollution of surface or underground
water.
7. Required reclamation plan:
(a)
iii.
A reclamation plan shall be submitted with each application
as part of the site plan which shall include the following:
i. A statement of planned reclamation, including the
methods of accomplishment, phasing and timing.
ii. A plan indicating the final grade of the excavation;
any water features including the rehabilitation and methods
planned to prevent stagnation and pollution;
landscaping or vege{ative plaeting; and areas of cut or
fill. This plan, if clearly delineated, may be
included with the site plan. For quarry a~;plications,
the final grade shall mean the approximate planned
final grade.
A phasing plan, if the excavation of the site is to be
accomplished in phases. This plan shall indicate the
area and extent of each phase and the approximate
timing of each phase,
iv. The method of disposing of any equipment or structures
used in the operation of the excavation upon completion of
the excavation.
Required fee. The apglica~on s~aiT~3~-~accompanied by fee as
9. Signature of applicant.. /34~/~---T~-~-'-'-~ ..
PLEASE DO NOT WRITE 8ELCW THIS LINE - FOR CITY USE ONL~
1. DATE APPLICATION RECEIVED-
2. APPLICATION FEE PAID:
3. NINE (9) PRINTS OF SIT~ PLAN ATTAC~ED:
4. DATE FIRST ACTION OF PLANNING AND ZONING COM~IS$ION:
5. DATE SUBMITTED TO CITY COUNCIL FOR SPECIAL USE PERMIT:
6. DATE OF PUBLIC HEARING BEFORE CITY COUNCIL'
7. DATE OF FINAL CITY COUNCIL ACTION'
8. PERMIT ~SSU~D (OR DENIED) ON:
City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
MEMORANDUM
~ATE:
TO=
F~OM:
HEFEI~ENCE:
April 5, 1996
Mayor, City Council
Dorri Bosworth, Secreta .~.
Planning and Zoning Comm~fssion
Special Use Permit for Sandmining
Harbor Point Subdivision
At its regular meeting of April 4, 1996, the Planning and Zoning
Commission passed a motion to recommend to City Council to approve
a special use permit application for sandmining for Harbor Point
Subdivision. The sandmining, as depicted on Mosby & Associates,
Inc. drawing - Job ~95-356, Sheet 2 of 5, dated 11/95, revised
3/7/96, is needed to develop the property according to the already
approved preliminary plat.
Mr. Johns made the motion, Ms. Brantmeyer seconded it.
following roll call was taken:
The
Ms. Kilkelly YES
Mr. Mather YES
Mr. Pliska YES
Ms. Brantmeyer YES
Mr. Johns YES
Mr. Munsart YES
Motion carried 6-0.
I
-"" CONSUL"lING ENGINEERS -
March 25, 1996 ":":':'; '~'""
Ms. jan KLng
CiG of Sebastian
1225 Main Street
Sebastian, Florida 32958
Report of Proposed Sand Mining Operation Re-4ew
Harbor Point Subdivision
Sebastian, Florida
NlM Project No. 9505FA
Dear Ms. King:
Masteller & Moler, Inc., has completed our review of the proposed sand mining perrrdt tbr
the Harbor Point Subdiv/sion- Included in th/s report is our understanding of the proposed
mining operation,, and an indication of the Section(s) of the City of Sebastian. Land
Development Code that were reviewed by our office, and our review comments.
.Authorization tbr our services is pending on your purchase order at this time.
Project information was furnished to our office on March 13, 1996, by the City of
Sebastian. Specilically, we were tim~hed with a copy of the construction plans (sheet 1
thru 5) prepared by Mosby and .~sociares, [nc., dated March 7, 1996 and a copy of the
application for sand mining permit. In addition, we were previous~ provided with a copy
of the boundary survey and preliminary plat. prepared by James A. Fowler. P.S.M. This
information was furnished to our office on March 14, I996.
We have reviewed the furnished documents in accordance with the City. of Sebastian Land
Development Code, Section 20A-5.i thru 20A-5.30. Based on our review, we understand
that the applicant desires to remove approximately. 15,000 cubic yards of material which
Fresenfly exists along the eastern boundary as a 8 to 9 feet l-dgh soil mound. The soil
mound is the result of past canal dredging and is proposed to be removed in an effort to
reach grade for residential development. Based on our review we offer thc tbllowing
comments:
Comment ~ 1 - The application for a sand mixing permit is considered a special use
and will be considered by. the Board as per Section 20A-2.6, Special Use Permits.
Comment ~ 2 - The applicant should be aware that mixting operations which extend
beyond October i, 1996, will be required to furnish the City Building Department a
progress report pursuant to Section 20A-5.30(d)(4).
1623 N. U.S. Highway 1, Suite B2
Sebastian, FL 32958
(407) 589-4800
(407) 589-2742 Fax
7380 Murrell Road, Suite 106
Melbourne, Florida 32940 ~~'
(407) 255-1175. / / T ]
March 25, 1996
Page 2
Comment ~ 3 - The applicant shag post compliance and restoration bonds as
stipulated m Section 20A-5.3(e)(2).
Criven the above comments, we recommend that this project be forwarded to the Plato-ring
& Zoning Commission for approval with these conditions.
We appreciate the oppommity to assist your office. If you have any. questions please do
not hesitate to contact our office.
LNC.
DSR,/sc
file mm 4202. do¢
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LOCATION MAP
City of Sebastian
1225 MAIN STREF_T g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 c3 FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, APRIL 24, 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, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberattDn 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. Mayor Cartwright called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
There was no invocation.
City_ Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. R/chard Taracka
Staff'Present:
City Manager, Thomas Frame
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
April 24, 1996
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETiONS)
~rtems not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
NOlle.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
The City Manager introduced Assistant to the City Manager/Purchasing
Agent, Paul Wagner; City Planner, Robert Massarelli and interim Chief of
Police, David Puscher. He acknowledged acting Chef Puscher's successful
completion of FBI tramiag in Quantico, Virginia.
96.073
A. Presentation of Plaque, Former Vice Ma~vor Carolyn Corum
Mr. Taracka, on behalf of Mayor Cartwright, presented the plaque to
former Vice Mayor Com.
96.074
B. Presentation of Plaque - Employee of the Ouarter
Mr. Taracka, on behalf of Mayor Cartwright, presented the plaque to John
Pratt, Public Works Department.
96.075
Presentation of Plao. ues - Former Tree Advisory_ Board Members
Margaret Miquelon and David Norton
Mayor Cartwright presented the plaque to former members, Margaret
Miquelon and David Norton.
96.076
Presentation of Proclamation - Law Week U.S.A. - 4/28/96 - 5/4/96 -
Norman Green - President of the Indian River County_ Bar
Association Accepting
Mayor Cartwright read and presented the proclamation to Attorney Norman
Green.
2
Regular City Council Meeting
April 24, 1996
Page Three
96.077 E.
Presentation of Proclamation - Girl Scout Leader's Day - 4/22/96
and Girl Scout Leader Annreciation Week - 4/21/96 -4/27/96 -
Helen DiBenedetto Accenfin~
Mayor Cartwright read and presented the proclamation to Helen
DiBenedetto.
7. OUASI-JUDICIAL It"EARING
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
Regular City Council Meeting
April 24, 1996
Page Four
96.078/ A.
94.224
Request for Site Plan Time Extension - Captain Hiram's Motel and
Miniature Golf Course (Community Development Transmittal
4/17/96. Collins Letter 2/7/96. Application. Map)
Mayor Cartwright opened the quasi-judicial hearing at 7:15 p.m. and the
City Clerk swore in all those who intended to offer testimony.
There was no disclosure of ex-pane communication.
The City Planner presented a brief history on the special use permit issued
by the City Council and site plan approval issued by Planning and Zoning.
On behalf of staff, he recommended a one year extension, rather than the
requested two years, pending the recommendation of the R.iverfront
Committee.
Tom Collins, Captain Hiram's, requested an extension in light of inaction
relative to the Riverfxont Plan since the first study.
The City Planner reiterated his recommendation for Council to approve a
one year extension of the site plan to expire April 6, 1997.
Being no other input, Mayor Canwright closed the hearing at 7:20 p.m.
MOTION by Halloran/Taracka
I move to approve the one year extension of the site plan for Captain
Hiram's motel and miniature golf course to expire April 6, 1997.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Canwright - aye
MOTION CARR.[ED 5-0
4
Regular City Council Meeting
April 24, 1996
Page Five
96.039 B.
H.D. Adams Enterprises. Inc. - Request for Variance for Section 42-
48 at Harbor Point Subdivision (Community_ Development
Transmittal 4/16/96. Application. Section 42-48 Code..Map.
Humans Letter 3/27/96. Spatter Letter 4/11/,.96)
Mayor Cartwright opened the quasi-judicial hearing at 7:23 p.m. and the
City Clerk swore in all those who intended to offer testimony.
All members of Council disclosed ex-parte communication.
The City Manager briefly discussed the variance request due to the fact that
a residence is located approximately 800 feet from the site; explained that
the Code provides that there be no smoke with three statute miles of the
airport; and noted that in accordance with the Code there is actually no
provision to issue a bum "permif'.
The City Attorney said, although included in the agenda packet, Council
has not adopted the Florida Administrative Code, and reminded Council
that it should be =maided by its Code of Ordinances. He said what should be
considered is a waiver from Section 42-48 Co) (1) if Council finds that there
is a hardship.
John King, Century 21, distributed a letter of no objection from the
property owner in question (see attached); said the applicant would abide
by all agency regulations and the commumty; that the hardship is the cost
of debris removal and that the estimated burning time would be seven to ten
days but they were requesting a three month window.
The City Clerk swore in A1 Vilardi, 445 Georgia Boulevard, Sebastian. Mr.
Vilardi said he has never seen an air incinerator that does not create smoke.
The City Manager reiterated that the Council must consider whether it
wants to waive the spacing distance predicated on appropriate criteria.
Being no further input, Mayor Cartwright closed the heating at 7:40 p.m.
Regular City Council Meeting
April 24, 1996
Page Six
Mayor Cartwfight requested that Indian River County be the regulatory
au~ority.
MOTION by Bames/Taracka
I make a motion to approve the request from H.D. Adams
Enterprises, Inc., for a request for a variance for a fire permit, a variance
from Section 4248 (b) (1) with the condition that the bum be, the oversight
group be Indian River County Emergency Services Depamnent, and the
stipulation that there be no, that the City Manager's comments, that there be
no operations of any type that will produce smoke, glare or other visual
hazards within three statute miles of any unusable runway of a public
airport, time limit three months.
Vice Mayor Barnes said his motion was based on the hardship of the cost of
debris removal from the site.
Mayor Cartwright and Mr. Halloran expressed concern for debris removal
be/ag considered a hardship.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - nay
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Barnes - aye
MOTION CARRIED 3-2 (Halloraa, Cartwight - nay)
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 - 4/10/96 Regular Meeting, 4/13/96 Special
Meeting
6
Regular City Council Meeting
April 24, 1996
Page Seven
96.079 B.
Proposed Budget Calendar - 1996/1997 Fiscal Year (City Manager
Transmittal 4/17/96, Proposed Calendar)
96.080 C.
Fourth of July Matters - Closing of Certain Streets as Requested;
Use of Community Center on 7/4/96 and Yacht Club on Several
Dates for Meetings; Placement of Advent Balloon in Riverview Park
Upon Receipt of Insurance (City Clerk Transmittal 4/10/96, Ellis
Letters 4/10/96)
96.081 D.
Vero Beactffindian River County Recreation - Request Use of
Riverview Park - Concert 5/5/96 - 2 pm to 4 pm - Use of Electric -
Standard Conditions (Community Development Transmittal 4/17/96,
Wilson Letter 4/10/96)
96.082 E.
James M. French - Request Use of Riverview Park - "Scott Ellis for
State Senate" Political Rally - 9/21/96 - 11 a.m. to 3 p.m. - Standard
Conditions (City Clerk Transmittal 4/9/96, French Letter 4/9/96)
The City Manager read the consent agenda.
MOTION by Taracka/Bames
I move we accept the consent agenda as read.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
PRESENTATIONS
None.
Regular City Council Meeting
April 24, 1996
Page Eight
10. COMMITTEE REPORTS/RECOMMENDATIONS
Mrs. Cartwright inquired about the Economic Development Council
decision on the job grant program. Mrs. Damp gave a brief report.
TAPE I - SIDE II (7:47 p.m.)
BUSINESS
96.083/
95.151
Natureland Landscaping - U.S. Hi_mhway One Median
Landscapim,._ Project - Request for Additional Payrnent- $908.1 L
(CitvMana~er Memo 4/16/96. Request for Payment. PW Director
Memo 3/6/96. Breakdown of Plants by Island)
The City Manager recommended the landscape architect be contacted
regarding reimbursement for possible errors in the design which may have
resulted in this change order. He said there is nothing currently in the Code
regarding change orders and that perhaps there should be.
Mayor Cartwright noted she had found a difference in the design and
contract documents and suggested that for furore projects a formula be
developed to determine labor costs in the event of a change order.
The Public Works Director suggested that in the future labor costs be
included in total project costs.
The City Attorney said ambiguities in public contracts are construed against
the party drafdng the contract.
Mr. Halloran said when last minute changes were made, Council was
assured there were grant funds available. The City Manager said he would
check on this.
Regular City Council Meeting
April 24, 1996
Page Nine
MOTION by Barnes/Damp
I'll make a motion to approve the request from Namreland for
additional payment of $908.11.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cam~ght - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
12.
96.032/
95.041
NEW BUSINESS
Appropriate $68.500 from Airport Ente .rprise Fund - Contract and
Bid Award - Aimort Drive West (Phase D - He _nry~ischer and Sons,
Inc. - $176.544.65 (CiW Manager Transmittal 4/16/96_ Bid
Tabulation. Bid and Contract Documents)
The City Manager requested appropriation of an additional $68,500 from
the Airport enterprise ftmd and recommended award to Henry Fischer &
Soils, Inc.
A1 Vilardi, 445 Georgia Boulevard, Sebastian, inquired about problems the
developer encountered with Laconia Street. The City Manager said Lennar
currently has a lawsuit relative to the design of Laconia, resulting from base
failure caused by a h/gh water table.
MOTION by Damp/Cartwright
I'd like to move that the City Council move to appropriate additional
$68,500 from the Airport enterprise fund to cover the cost of this particular
project.
Regular City Council Meeting
April 24, 1996
Page Ten
ROLL CALL:
Mrs. Carrwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
- aye
- aye
- aye
- aye
MOTION CARRIED 5-O
MOTION by Halloran/Taracka
I move to approve the contract award for the construction of the
Airport Drive West Phase I in the amount of $176,544.65 for a period of
120 consecutive calendar days to Henry Fischer and Sons Leasing, Inc.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARKIED 5-0
13.
INTRODUCTION OF NEW BUSINESS FROM TFIE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed the need for an
Airport Manager.
Larry Driver, Sebastian, suggested hiring Richard Stringer as City Attorney.
Harry Thomas, 654 Balboa Street, Sebastian, discussed the need for an
Airport Manager.
Charles Stachel, 1698 Coral Reef Street, Sebastian, requested a workshop
to discuss the possible purchase of Marker 68 Marina and Stevenson house.
The City Manager said there is a meeting scheduled for the ILiverfront
Committee next Wednesday. He said he believes the marina is available at
10
Regular City Council Meeting
April 24, 1996
Page Eleven
this time and discussed the need to identify high-profile projects while one
cent sales tax funds are still available.
The City Manager stated that CDBG funds are geared more toward the
CAVcorp property, noting that the Citizens Advisory Task Force will meet
in the near future.
Mrs. Damp inquired about the balance on the CAVcorp property.
A1 Vilardi, 445 Georgia Boulevard, Sebastian, said Ms. Settles will have to
have an occupational license; said better roles need to be established for the
skydivers; and discussed the need for an Airport Manager.
The City Manager said a spec/al use permit has been applied for by Skydive
Sebastian for its upcoming event.
Herbert Smnn, 549 Saunders Street, Sebastian,
TAPE 1/- SIDE I (8:35 p.m.)
discussed his allegation that his rights have been violated by the Code
Enforcement Board; discussed the Picca drainage matter; Collier Creek
drainage matter; recommended Gary Wheeler and Philip Redstone not be
on the committee to select the Chief of Police; requested that ten minutes be
allowed per topic during public input; and read a letter from Congressman
Weldon.
Mayor Cartwri~t called recess at 8:45 p.m. and reconvened the meeting at
8:55 p.m. All members were present.
I1
Regular City Council Meeting
April 24, 1996
Page Twelve
14. CITY COUNCIL MATTERS
A. Mrs. Norma Damp
Mrs. Damp requested that if something is not relevant to an agenda item,
it not be included in the agenda packet.
B. Mr. Raymond Halloran
Mr. Halloran inquired how the Riverfront Committee membership
increased to nme members and the City Manager responded that over a
period of several meetings it had developed into this number. Mr. Halloran
said his objection is the manner in which the final members were added
without benefit of adding an agenda item and concern that the committee is
too large.
Mayor Cartwright responded this was not an item that needed to be placed
on an agenda and said the matter was discussed quite thoroughly. Mrs.
Damp said she believed a motion should have been made to add the item to
the agenda.
The City Attorney said that the minutes, once approved, reflect the action
of Council and in this case the minutes have been approved.
C. Mr. Richard Taracka
Mr. Taracka commended Steve DiTripano and Tim Walker for the U.S. 1
north city limit sign landscaping; and recommended cost saving incentives
for city employees. The City Manager recommended an idea board for
employees with a required acknowledgment from and meeting with
management.
12
Regular City Council Meeting
April 24, 1994
Page Thirteen
Mr. Taracka said Julio Carosi had reported that the Police Department
Community Volunteers are understaffed; and responded to Mr. Sturm
noting he had read the full 90 page report.
D. Mayor Louise Cartwrieht
None.
15.
E. Vice Ma_vor Walter Barnes
Vice Mayor Barnes explained the basis for Council's selection of Ms.
Settles for City Attorney; requested a workshop to address future capital
projects, goals and objectives, assessments, need for an Airport Manager;
responded to Mr. Sturm's concerns regarding whether or not there is a
conflict with Sheriff Wheeler serving on a committee to select the Chief of
Police, to which the City Attorney responded there is no conflict to the state
code of ethics but that it is a policy call of Council and the City Manager
responded it is important for the Sheriff to be on the committee but to
ensure that Mr. Zeuch is not excluded on a political basis; and discussed
Falcon Cable concerns, to which the City Manager responded he has had
some discussions with Ken Vickers.
The City Manager said he will place an item on the next agenda to schedule
the workshop.
CITY ATTORNEY MATTERS
None.
16.
CITY MANAGER MATTERS
The City Manager reported on his negotiations with Valerie Settles;
announced the complete drawings and bid documents for nmway 4-22 are
13
Regular City Council Meeting
April 24, 1996
Page Fourteen
in and that the contract documents must still be reviewed;
TAPE II - SIDE II (9:32 p.m.)
discussed the first meeting of and the mission statement (see attached) for
the Riverfront Planning Committee, said John Hill will be the liaison to the
committee and AIA; reported on the thirty year extension on the local
option gas tax by the Indian P-river County Commission and to use the three
tier formula for distribution with an annual review; reported that he had
received a letter from a citizen expressing her gratitude to City Council for
the landscaping on U.S. 1; discussed talks with Falcon Manager and his
suggestion for a questionnaire regarding service; said staff has been doing a
good job of maintaining the airport grounds and said it would be useful to
him to have Council input on the issue of an Airport Manager. It was noted
that this would be part of the proposed workshop suggested by Vice Mayor
Barnes.
17.
Being no further business, Mayor Cartwright adjourned the Regular
Meeting at 9:45 p.m.
Approved at the
Meeting.
1996, Regular City Counc/1
Louise R. Cartwright
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
14
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Purchase of Toro
Lawnmower For Use By The Golf
Course/Sealed Bid Waiver
Approval For Submittal By:
City Manager
AGENDA NO.
Dept. Origin: City Manager
Date Submitted: 04-16-96
For Agenda Of: 05-08-96
Exhibits: None
EX~PENDITURE
AMOUNT
APPROPRIATION
REQUIRED: $15,106.23
BUDGETED: $50,000 REQUIRED: -0-
SUMMARY
Golf Course Purchase Toro Greens Master Lawnmower. This mower is a highly
specialized reel type mower for mowing the green and gives ir a "carpet like texture". This
unit will replace worn out 1986 Toro Greensmaster. Procurement subject to City Council
approval will be "piggTback" off the Federal Government (G.S.A.) General Services
Administration Contract, due to extraordinary Iow prices generated by their purchasing
power.
RECOMMENDATION
Recommend City Council waive the sealed bid procedure author/zed by Sec. 2.92, City Code
of Ordinances, page CD2:9, and allow "Pigg/back" purchase off G.S.A. Conrract as stated
above.
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX 589-5570
(407)
AGENDA TRANSMITTAL
SUBJECT: Purchase"Jacobsen"
Lawnmower For Use By The Golf
Course/Sealed Bid Waiver
Approval For Submittal By:
City Manager
Dept. Origin: City Manager
Date Submitted: 04/16/96
For Agenda Of.' 05/08/96
Exhibits: None
EX_PENDITURE
AMOUNT
APPROPRIATION
REQUIRED: $9,763
BUDGETED: 5;50,000 REQUIRED: -0-
SUMMARY
Golf Course - Purchase "Jacobsen" Lawnmower, rotary flat knife type for mowing the
"rough". This unit will replace a "worn out" 1986 Jacobsen Turf Cat. Procurement subject
to City Council approval will be "piggyback" off Florida State Contract due to extraordinary
low prices generated by their purchasing power.
RECOMMENDATION
Recommend City Council waive the sealed bid procedure authorized by Sec. 2.42, City Code
of Ordinances, page CD2:9, and allow "Piggyback" purchase off Florida State Contract as
stated above.
City of Sebastian
1225 MAIN STREET = SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT: ]
Resolution No. R-96-37 ]
Vacation of Easement - Keelan/Kirby ]
Lots 9 & 10, Block 225, Unit 6
APPROVED FOR SUBMITTAL BY:
City Manager:
]
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AGENDA NO.
Dept. Origin ' Citw Clerk
Date Submitted: 04/30196
For Agenda Off 05/08/96
Exhibits: R-96-37
Application
Survey
No Objection Letters
Authorization from applicant for Ameron
Homes to apply for abandoment
EXPENDITURE
REQLrn~D:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIllED:
SUMM~ STATEMENT
We have received a request for an abandonment of the Southeast six feet of Lot 9 and the
Northwest six feet of Lot 10, Public Utility and Drainage Easement, Block 225, Sebastian
Highlands Unit 6. All utilities and appropriate City departments have been notified and have
no objections. Their letters are included in your packet.
Adopt Resolution No. R-96-37.
RECO1V[M~ENDED ACTION
RESOLUTION NO. R-9q;-37
A RESOLUTION OF THE CITY OF SEBASTIAN, IND~N RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING ~ SOUTHEAST SIX FEET OF LOT 9 AND TIlE
NORTHWEST SIX FEET OF LOT 10, PUBLIC UTELITY AND DRAINAGE
EASE~, BLOCK 225, SEBASTIAN HIGHLANDS UNIT 6, ACCORDING
TO TI~ PLAT THEREOF, RECORDED IN PBi ~-95, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVI1)ING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY Ti~ CITY COIJNCXL OF TI:IE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, that:
Section 1. VACATION OF EASEMENT. The City of Sebastian, Indian River County,
Florida, does herewith vacate, abolish, abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The Southeast six feet of Lot 9 and the Northwest six feet of Lot 10, Public Utility and
Drainage Easement of Block 225, Sebmtian Highlands Unit 6, according to the plat
thereof, recorded in PBI 5495, of the Public Kecords of Indian River County, Florida.
REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 3. RECORDING. This resolution shall be recorded in the public records of Indian
River County, Florida~
Section 4. EFFECTIVE DATE. This resolution shall be in full force and effect immediately
upon its passage.
The foregoing Resolution was moved for adoption by Councilmember
The
motion was seconded by Councilmember
:,/~ollows:
and, upon being put to a vote, the vote was
Mayor Louise R. Cartwright
Vice Mayor Walter W. Barnes
Councilmember Richard J. Taracka
Councilmember Norma J. Damp
Councilmember Raymond W. Halloran
The foregoing Resolution was duly passed and adopted by the City Council of Sebastian,
Florida, this
day of 19
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwhght, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
STATE OF FLORIDA
COUNTY OF [ND[AN RIVER
I I-EEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River
County, Florida, to take acknowledgments, personally appeared Louise R. Cartwri~ht and Kathrvn M,
~ known to me to be Mayor and City Clerk respectively, and neither of them took an oath.
*****
WITNESS my hand and seal in Indian River County, Florida, the day of ,
1996.
Approved as to Form and Content:
Linda M. Galley
NOTARY PUBLIC,
STATE OF FLORII)A AT LARGE
My Commission Expires:
Clitton A. McCletland, jr., City Attorney
aPPLiCATION FOR V~C~TION OF EAHEMENT(~)
NAMe! PA/RICIA KEELAN ~ ROBERT KIRBY BUILDER: AAIERON HOMES INC 407-589-;2q9
ADO~SS: ~377 MERRICK AY, MERRICK ~Y !~566 ?0 BOX ~8087~ SEBASTIAN FL 32978
T~L~P~ONE NO. 5~6-5~6-56~8 TYPE OF ENTIT¥¢* INDIVIDUAL
*~dividual, ~ora~Ion, eto. -"'~f ¢or~oration apply oorporsts
~1 below
L~AL DESCRIPTION OF REAL P~OPERTY ON WHICH ~AS~MENT EXISTS~
LOTS 9~10 BLOCK ~Z5 S~BASTIAN IiIGH~NDS U~IT 6
INDIAN RIVER COUNTY 50Z BISCAYNE LA~E
DESCRIPTI~;~ hOCATION OF ~AS~M~NT TO g~ A~ANDON~D~ ~O bs ~illed in by Buil~in~ Official )
THE CENTER OF THE T~O LOTS
(Explain in '~etail your ~eed ~0 release
I HERE~? CERTIFY that I, ~he ApDlioant, OWn
Date
Corpora~a Seal
(u2/ 1. Map, plat, surveY, or olear drawing at least ~ 1/~" · 11"
( ) $. Written au.~hori~stion of ~he owner of ~he parcel of land
( ) 4. IF IT IS NECESSARY TO ~EANT BACK ANOTHER EASEMENT TO
(N/A) REPSACE TM~ EASEMENT T~AT [~ TO BE VACATED, ATTACH A DEED
OF EASEMENT TO AC~OHPUIS~{ T~ DEDICATION OF THE NEW EASEMENT.
Sebam~ian" upon eubmi~al o~ %his
( ) 6. OTHER:
Return to: Ltnda Galley, City of Sebastian, City Clerk's Office, Fax No.
ii i mMii mm,,,
tteluru to: Ltnda Galley, City of SebasTian, City Clerk's Office, Fax No.
(407)~SS-~7O.
T~HONE (~ 5~ ~ F~ (~ 56g~570 ~
Returu to: Li~da Galley, City of Sebastian, City Clerk's Office, Fax No.
(407'jS&9-S.~70.
R~.tnz-zt to: ~indz C.-raJleT, C~ o£ Sebnslnn, C~t'7 C]e~rk'$ O~fJc~, ~'n~= ~o.
~3Iil~I!~ OD ~ ! ~b~O:ZO
CIT7 0ir RRI~AS'TYAN
FOR AB, OgDONMEN'~ O P'~.~,V~NT
COMM~S:
Return to: Linda Galley, City of Sebastian, Cit7 Clerk's Office, Fax No.
(4ffT')SgS-SSTO.
AMERON HOMES
RES/DENT/AL & COMMERCIAL
P,O, BOX 780874 · SEBASTIAN, FLORIDA 32978-0874 · TELEPHONE 589-1299
March 16, 1996
City of Sebastian
1225 Ma~n St.
Sebastian F1 32958
RE: Lot~ 9~10 Block 225
S~bas~n Highlands
To Whom it May Concern:
Please allow Am~ron Homes, Inc. to ap~ly for an Abando~ of
E~~ for my lo~ 9 ~. 1'0 B~ock 225 Seb~n Hig~ U~ 6
In~n ~ver Co~.
Shoed you hav~ ~y qu~o~ ~e co~ m~ ~ 516-546-5628.
R~pe~f~y,
City of Sebastian
1225 MAIN STREET a SEBASTIAN. FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
AGENDA FORM
Use of Rive~iew Pa~ ]
]
]
] Dept. Origin :~Ci~ Cle~ ......
]
] Date Subm~ed: April 30, 1996
APPROVED FOR SUBMI~AL BY: ]
] For Agenda Of : May 8, 1996
C,~ Manager:~~/~.~xhibi~:
~ ] LePer dared April 23, 1996
.... C~pF. og Section 74-3 Sebas:1an Co~e
~PENDITURE AMOUNT APPROPR~ON
REQUIRED: BUDGETED: REQUIRED:
SUMMARY STATEMENT
Dick Pawlus of the Lion's Club of Sebastian, representing the Fourth of July Committee, has
submitted a request for approval of the following three (:~) events:
1) They would like to invite the LaPorte Farms Animal Petting Zoo to participate in the event and
plan to place the zoo under the oak trees in a 20' x 20' area at the northwest comer of the
park.
2) They would like to invite Cathy Lees Pony Rides and Photo Show and plan to place it under the
oak trees at the southwest coreer of the park.
3) They are also asking permission to serve a non-alcoholic beverage (O'Douls) in the Lions Booth,
along with root beer for the kids. (SEE SPECiAL NOTE BELOW)
RECOMMI~OI~J~. ACTION
Review the above requests and act accordingly.
(On 4/30196 a call was placed to AHene Arms of the United States Bureau of Alcohol, Tobacco &
Firearms regarding O'Douls .3 percent alcohol content as labeled. Ms. Arms stated that an alcohol
content of .$ percent or lower is considered a non-alcoholic beverage)
City of Sebastian
1225 Main Street
Sebastian, Ft. 32958
Attn: Mayor Cartwright
Re: 4th of July 96
04/23/96
Dear Mayor Cartwright,
This is a request for approval of the three (3) following events for the 4th of July.
#1 We would like to again invite the LaPorte Farms, Animal Petting Zoo. This will be placed
under the oak trees in a 20' x 20' area NW comer of the park.
#2 We would dso like to invite Cathy Lees, Pony Rides and Photo show, tNs dso would be
placed under the oak trees at the SW comer of the park.
#3 The Lions Club would like your permission to serve a NON-ALCOHOLIC beverage in the
Lions booth (O'DOULS) dong with mot beer for the kids.
YOURS TRULY,
DICK PAWLUS
President of Lions Club
920 U.S. Hwy. #1, Suite G · Sebastian, Florida 32958 · (407) 589-9991
P.~qI{S ~NID RECREATION § 74-30
A_~TICLE I. IN GENElq,~L
Sec. 74-1. Hours of operation.
(a) Except as specifically provided by in subsec:ion (b) of this sec:ion or as specifically set
forZh by resolution of the ci:Y council or unless special permission is grant, ed by the city council
on a case-by-case basis, aD. ~ubHc parks and public recreational facilities operated by the city
shall be open to the public from one-half hour beibre sunrise until lO:O0 p.m.
(b) The creative playground public rea'eational facfl/ty, Iocar. ed at Barber Street and
Tulip Stree% shall be open ~o ~he public from sum/se unt/l sunset, unless special permission
is g-:anted by the city counal on a case by case basis.
(Code 1980, § 18-1; Ord. No. 0-92-11, § I, 7.8-92)
Sec. 74-2. ~~,nlm,~, prohibited.
No dogs or ocher domest;/car, ed --i~als except seeing-eye dogs shall be allowed in the
public parks and public recreat'/~nal fac/l/t/es of the city.
(Code 1980, § ~8-2)
Cross reference--Ammals, ch. 18.
Sec. 74-3. Alcoholic beverages prohibited.
No a/cohoHc beverages shaJ.l be allowed m the public park~ and public recreational facil-
ities of ~e city unless a reques: is made in writing to and approved by the dW council.
(Code 1980, § 18-3)
Cross referez~ce--Alcoholic beverages, ch. 10.
Sec. 74-4. Vehicles resrr/c:ed to paved or designated ~reas.
No person in a park shall r/de, drive or park any vehicle in any area except paved or
unpaved park roads or designated parking areas. T,k/s provision shall not apply to bicycles and
tr/cyctes, or ~o baby can-/a~s.
(Code 1980, § 26-7~
Cross reference-Traffic and vehicles, ch. 98.
Sec. 74-5. Sw/mming prohibited in Sw/m Lake.
No person shall swim in that body of wa~er situated in Sebastian Highiands Subdivision,
rJni~ 1, commonly known as Sebast/an Swim Lake, Appropriate signs shall be posted around
such body of wa~er to advise persons ~ha~ swimming in ~hat body of wa~er is prohibited.
(Code I980. § 18.4)
Secs. 74-6--74-30. l~eserved.
CD74:3
City of Sebastian
1225 MAIN STREET = SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
AGENDA FORM
Use of Riverview Park
]
] Dept. Origin : City Clerk
]
] Date Submitted: April 29, 1996
APPROVED FOR SUBMITTAL BY: ]
] For Agenda Of: May 8, 1996
City Ma nager:/'~/~'//}¢~ ¢z/~..~xh ibits:
v ] Letter of Request Dated 4/25196
EXPENDITURE AMOUNT APPROPRiATION
REQUIRED: BUDGETED: REQUIRED:
SUMMARY $.TATEMENT
Connie Stimmei, Secretary for the Craft Club of Sebastian, is requesting permission to use
Riverview Park for craft shows on the following dates:
Saturday, October 5, 1996 (rain date Oct. 6)
Saturday, November $, 1996 (rain date Nov. 6)
Saturday & Sunday, December 7 & 8, 1996
Saturday, January 4~ 1997 (rain date Jan. 5)
Saturday, February 1, 1997 (rain date Feb. 2)
Saturday, March 1, 1997 (rain date March 2)
Unless otherwise stipulated by City Council, the following are established rules for use of Riverview
Park:
1. $100.00 security deposit
2. No vehicles in the park
3. Applicant to provide sufficient waste receptacles and clean up after event
4. No alcoholic beverages are permitted within the park
5. All displays must be clear of the sidewalks and entrance ways
6. Any goods for sale must be handmade by members of the organization
7. Applicant must contact and receive approval from the Health Department
regarding the sale of food.
~COMMENDED_ACTION
Move to approve the request.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT: ] AGENDA NO.
Use of Riverview Park ]
]
]
]
] Dept. Origin
]
] Date Submitted:
APPROVED FOR SUBMI~-~AL BY: ]
] For Agenda Of :__
]
City Manager:. ~ Cc)~(zE~.~--~-Exhibits:
~ ] Letter dated April 23, 1996
: City Clerk
April 30, 1996
May 8, 1996
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
SUMMARY STATEMENT
The Sebastian River Art Club is requesting permission from City Council to utilize Riverview Park
for Art Shows on the following dates:
Saturday, November 16, 1996
Sunday, December 15, 1996
Saturday, January 11, 1997
Saturday, February 15, 1997
Saturday, March 8, 1997
Sunday, April 20, 1997
They are not requesting any rain dates for these shows.
Unless otherwise stipulated by City Council, the following are established rules for use of Riverview
Park:
1. $100.00 security deposit (On Hold)
2. No vehicles in the park
3. Applicant to provide sufficient waste receptacles and clean up after event.
4. No alcoholic beverages are permitted within the park
$. All displays must be clear of the sidewalks and entrance ways
6. Any goods for sale must be handmade by members of the organization
7. Applicant must contact and receive approval from the Health Department
regarding the sale of food.
RECOMMENDED ACTION
Move to approve the request from the Art Club.
Sebastian City Council
I have been asked by the Sebastian River Art Club
to apply for dates in Riverview Park for art shows.
following are the Preferred dates:
1996
Sat. Nov. i6
Sun. Dec 15
The
1997
Sat. Jan.ll
Sun. Feb.16
Sat. March 8
Sun. April 20
Please inform me if these dates are O.K.
Yours truly,
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Community Center Rental
APPROVED FOR SUBMITTAL BY:
]
] Dept. Origin · City Clerk .... '~-~~-~dk''
]
] Date Submitted: ..Apdi 29, 1996
]
] For Agenda Of: May 8, 1996
City Manager: ~ ~). ]
(~~'Exhibits:
~ ] Application
]
Copy of R94-50, Section 1, Paragraphs
B&D
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
SUMMARY STATEM..ENT
Dora E. & Eduardo Romero, representing Our Lady of Guadalupe Mission, are
requesting use of the Community Center on May 10, 1996 from 8:00 PM to 12
Midnight for a Mother's Day Dance.
Resolution No. R-94-50, Section 1, Paragraph B (copy attached) requires City
Council approval if the request for use of the facility is after 11:00 PM and
Paragraph D if an admission fee is to be charged.
A $250.00 security deposit was received with application.
RECOMMENDED ACTION
Review the request and act accordingly.
CITY OF SEBASTLAD-
RED'TAL PERMIT APPLICATION
5) ~rill ~c=h¢iic ~.evercges be serre~? ~0
C~unc2 an /~/A/ F /? ?6
Ma/:e C'necks Pc?able to: CITT CF
"' ~PEC'~L NCT~ A sermcs fee c:i 5% or ~20.00 (whichever is greater) m~%, be chcrrc3ed for =ny
dishonored check ~er ~.cnda ~late Statute [ 68.25 I.
Afc. her ,~,~r~ge R~esr h~e~d = '~e CcunC2 .'vfee~r~ :n
C.~en~s:
B. The City Clerk shall issue a use permit upon
dete~mination that the requested use is pe_~missible pursuant to
this Resolution and all fees have been paid. ~n the event that
the proposed use may include activities involving gambling,
alcoholic beverages, the use of a facility after 1!:00 p.m., or
if an admission charge is to be assessed, then the City Clerk
shall not issue a use permit until directed to do so by the City
Council.
C- A use permit for a group composed of minors shall
be issued only to an adult who accepts the total responsibility
for the supervision of each minor t_hroughout r_he period covered
by the permit.
D. No admission fee or other charge may be imposed by
r_he permittee unless expressly authorized in the use permit.
Prior to issuance of the pe-~mit, the City Council shall make a
determination that the proposed admission charge or other fee is
not intended to further a commercial purpose.
E. The serving of food and/or use of kitchen
facilities is prohibited unless specifically authorized in the
use permit.
F. The apptican~ shall disclose to the city clerk the
nature of the proposed activity and the anticipated need for
extra work by City personnel. In the event. ~%e City Clerk
determines that the permittee will cause extra work by city
personnel as a result of the proposed use, an additional
shall be charged in order to fully recoup such cost.
2
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX 589-5570
(407)
SUBJECT: APPOINTMENT OF
POSITIONS TO CODE ENFORCEMENT
BOARD
Approval for Submittal By:
City Manager ~1.~)' ~ Exhibits:
~ ) 1. Applications
Dept. Origin: Community De elopmen~
Date Submitted:.. 4/29/96 ....
For Agenda Of: 5/.8/96 .
2. Memorandum dated 4/18/96
from Code Enforcement
Secretary
3. Section 2-179 & 2-180,
Code of Ordinances
4. Section 10, R-94-51
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY S~ATEMENT
Mr. Damien Gilliams' regular member term, realtor position, for the Code
Enforcement Board expired 3/96. Mr. Gilliams is not eligible for
reappointment. This position was advertised to the public until March
6th, 1996, and then re-advertised until April 11, 1996.
After its review of all the applications at its April 17, 1996 meeting,
the Code Enforcement Board passed a motion to recommend to City Council
to appoint Mr. Ken Cosco, currently an alternate member, to a 3-year
full term, regular member - realtor position, expiring 3/99, and then
appoint Mr. Dave Costa to the alternate member position expiring 6/98.
The provisions of Section 10, Resolution R-94-51, requires that the City
Council interview each applicant at a public meeting prior to voting for
their selection.
RECOMMENDED ACTION
Interview the applicants,
member, terms to expire 3/99 and 6/98 respectively.
and appoint a regular member and alternate
. DRIVERS L.T.C~fSE ~..TI~E-¢: C ~o~---.~ ! -,,.~ 3 --//-9'
9. KESUM~ OF EDUCATION AND.
(,-'se add!=iona! sNee~m if necmssm---? or' submi'. _-=_s%~me ~
13-
:4.
Yes Nc ~
(~lease n~er ~. order cf ==~i~=~nce w=~. f~s~ clnc~7~:.'~ ~-~-~..
F~Z~3~ c=~z~ ~~.:' ~,~',: ~ ,~'~Z~=
-. ..,.. ,,-~ ..
17.
I.~. Es,v.e _you ~_ver beem con~_~-~s~- c_ an_~ ~eLon.v or
.~ ~es Nc
one(~) ~ou seZe~d a~e? ~es ~, Nc
~sdeme~Or.
a~ve w~= ~necm on me-
Subs=bed and:'
C~u_--m \ a.D_u
My ~C, cm'an ..';.~res June
3
BUS%.NESS ADDRESS:
BUS%NESS T--_L~5ONE:
3_-~ Zou a _-eslden~ cf =i~e C£?z-'7
Lang--~i~. cf Resider. c-f_
( P!aasa ~er
being"
*c: sr ucrzoN
~ Z'~= ? ED CGM~i TTEi
Wha~ qua!£flca~lons dc ~!ou have == se~z~ cn this
Wha~ r=.ascns ~c ~cu Djave fo= ~Lsn~nq ~.~ se_--re cn an advtsc=-i
i7.
Z under.rand ~a~ ~he C£T~ Ccuncll of ~--%e Ci~- cf S~ASTZ.~
suspend cT r~move _-'rom office ~I ~c~al bo~d memner for
duties. Fu~her, I ~ders~d ~aT ~ne CLX- Co~.cL! may
~sdeme~or_-=~___=-=~__ ~o ~e du%ies of ~$ office cr who is
Name cf Nora_~- (P_--~_=d cr T?pec)
Comm~- sslon Nc.
f c_--m \ ap.c!£caCicn
City of Sebastian
i 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE=
April 18, 1996
Mayor, City Council
Dorri Bosworth, Secre~
Code Enforcement Boar~v~
Board Recommendations for Vacant Positions
At its regular meeting of April 17, 1996, the Code Enforcement
Board reviewed all applications it received for its vacant regular
member-realtor position. Mr. Ken Cosco, currently the Board's
alternate member, has real estate experience. One other
application was received.
After discussion, Mr. Metcalf made a motion to recommend to City
Council to appoint Mr. Ken Cosco to fill the vacant regular member
position, and further advertise for more applications to fill the
alternate position. The motion was not seconded.
Mr. Neglia made a motion to recommend to City Council to appoint
Mr. Ken Cosco to the vacant realtor position-regular member term
and appoint Mr. Dave Costa to the alternate member position. Mr.
Generazio seconded the motion.
Roll call was taken:
Mr. Metcalf NO
Mr. May YES
Mr. Generazio YES
Mr. Neglia YES
Mr. Cosco YES
Chmn. Nicolini YES
Mr. Goelz NO
Motion carried 5-2.
P'ioiator meaus the pe~on responsible for the code violation which in the approprm~e
cn-cumsmuces shall either be the perpetrator of the violation or the owner of the real
propen3, upon which the violauon occurred.
Sec_ 2-t78. Jurisdiction.
(a) Unless exclusive jurisdiction md authority for enforcement of the City's Code
of Ordinances and Land Development Code is expressly and exclusively ~anted to one
of the City's other boards, commissions, committees' or adminiswadve officials, the Code
Enforcement Board shall have the authority and jurisdiction to hear and determine alleged
violations of the Code of Ordinances and Land Development Code of the City of
Sebastian.
Co) The jurisdiction of the Code Enforcement Board shall not be exclusive, but
shall be concurrent with any other board, commission, committee or admiuisrradve
official charged with the enforc~,-maent of the Code of Ordinances or Land Development
Code of the City.
_ Sec. 2-179. Membership; composition.
The board shall be composed of seven regular members, and ar City Councd's
discretion, up to two alternate members. All members shall be appointed by the City
Council and the Board shall consist, whenever possible, of the following:
(1) One archite~
(2) One businessman.
(3) One engine=.
(4) One general conlractor.
(5) One realtor.
(6) One subconuacmr.
(7) The final member, and alternates if appointed, may be
the City.
any qualLfied resident of
35
Sec. 2-180. Qualifications.
Each regmlar member appointed to the board shall possess the following minimum
qualifications:
(1) The architect and the en~neer shall be re~smred under the laws of the State of
Florida re~flaung the practice of arckitecmre and enginee~fing or shall possess s~mi]ar
q,,~ificauons under the laws of other states or shall have ac~uml experience deemed by
City Council to be equivalent to such regisu-ation.
(2) The general conumctor and the subcontractor shall possess a valid certificge of
competency and occupational license, reco~ized and accepted under the laws of the
State of Florida and the Codes of the City re_inflating the business of contracdug an&
where required, state re~smmtion as a contractor, or shall possess similar qualifications
under the laws of other states, or shall have acuml experience deemed by the City Council
to be equivalent to such c-a-fification.
(3) The realtor shall be licensed under the laws of the State of Florida licensing real
estate brokers as either a broker or salesman or shall possess similar qualifications under
.the laws of other states or shall have actual exp. enence deemed by city council to be
equivalent to such licensing.
(4) The businessman shall be actively eng~ed in any lawful business within the City, or
shall or shall be an officer or employee of a business entity holding a current and valid
oc~upational license issued by the city.
(5) Each member shall be a resident of the City. If a member of the Board ceases to be a
resident of the city, such member shall immediately noufy the City Clerk of such
occurrence and their member~kip on the Board shall temfinate automatically and
immediately.
Sec. 2-181. Terms of Office.
(a) Of the regular members initially appointed to the board:
(1) Two members shall be appointed for a term of one year each.
(2) Three members shall be appointed for a term of two years each.
(3) Two members shall be appointed for a term of three years each.
36
pending, seeking appointment to serve as a regular member of such appointive boar&
commission or committee. This provision shall not preclude such re~malar member from
seeking appointment as a re_m.dar member to another appointive board, commission or
committee.
d. In the event that the City Council fails to reappoint a member for any reason
pr/or to the expiration o£the members term, the member shall continue to se-we until
reappoinrment is ratified or a new appointment is confarmed.
e. Whenever a current or former member of an appointive board, commission or
committee is being considered for appointment or reappointment to an appointive board,
commission or committee, the Ci~ Council shall consider the number and nature of the
memoranda of conflict previously fried by such individual pursuant to Section 112.314.3
of Florida Statutes.
IJNF_XP~D TERM. In the event that a vacancy occurs prior to the expiration
of the term, thc chairperson of the respective board, commission.or committee shall place
the filling of such term on thc agenda of the nexz regular meeting or call a special meeting
for the sole pm-pose o£ considering the filling of such vacancy. The board, commission or
committee may recommend the filling of the unexpired term by appointment of an
alternate member or another applicant for the position- The City Council shall review the
recommendations of theboard, commission or committee prior to exerc/smg irsdiscretion
in filling the unexpired term.
SOLICITATION FOR APPLICANTS.
a= The City Clerk shall, by press release in a newspaper of general circulation in
the City of Sebastian, notice open positions at the request of board secretames.
12q'rERVIEW.. The respective board, commission or committee may intemdew an
appli~ant at a public meeting however, the City Council shall interview each applicant at
a public meeting, and shall vote for the/r selectionat a public meeting desi~maated for such
pm-pose.
a. Prior to suspending or removing a member of an appointive board, commission
or committee, the City Council shall specify sufficient facts to advise the a. ffected
member as to the basis for his or her suspension or removal, provide reasonable notice,
4
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA;32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
SUBJECT: APPOINTMENT OF
POSITIONS TO PLANNING AND
ZONING COMMISSION
Approval for Submittal By: )
City Manager ~ ~' ,~~~E=ibits:
)
)
)
)
) Dept. Origin: Community Development
)
)
) Date Submitted: 4X29/96
)
) For Agenda Of:.. 5/8,96
1. Applications
2. Memorandum dated 4/19/96
from Commission Secretary
3. Section 10, R-94-51
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Ms. Jean Brantmeyer's regular member term expired 4/96, for which she is
eligible to be reappointed. Mr. Pliska's alternate member position is
vacant from his appointment to a regular member position in March. These
two positions were advertised to the public until April 11, 1996. Three
applications were received.
After its review of all the applications at its April 18, 1996 meeting,
the Planning and Zoning Commission passed a motion to recommend to City
Council to reappoint Ms. Jean Brantmeyer to a 3-year regular member
term, expiring 4/99, and appoint Mr. Larry Driver to the alternate
member position expiring 1/99. The provisions of Section 10, Resolution
R-94-51, requires that the City Council interview each applicant at a
public meeting prior to voting for their selection.
RECOMMENDED ACTION
Interview the applicants, and appoint a regular member and alternate
member, terms to expire 4/99 a~d 1/99 respectively.
u~a a~=zonai saee~ ~: necessary ~r ~~ r~e i~ ava~!a~ia)
iU. Dc you hold a p~ilc office? Yes__ Nc__/
(~!ease n~ ~ order cf preference w~-~ ~e fir~= c~oic~
C~DE ~ORC~
C~NS~U~!ON BO~ -
iS. Have you ever been convicnad of any felony or any
misdemeano~ involving moral nu-~Pinude in -Jnis or any
Yes Nc
!8. Would you consider serving on another Board o~her =hen
one(s) you selected above? Yes ~__ No ...
i hereby ce_~ify ~han v am .~ua!i£ied no-hc!d ~e posinion for
w~ich ~is applicmnion is made. F~her, i her~y aunhori=e ~e
info~a~ion wni~% v ~ave provided ~ ~is app!ica~ion. I
~der~and ~a~ any misrapr~sen:ation or omis~i:n of info~a~ion
re~=ed in ~is app!i=a~ion is cause for dls~aiifica~ion or
remove!.
i ~der~n~d ~a= ~he city Cocci! of ~he ci=y of S~AST~ may
~uspend or r~ove from office any m~icipa! bc~d me, er for
ma!faas~ce, ~sfeasanc~, neglecned duny, ha~i=ua! ~~nne~s,
~com~e~ce, or pe~en~ ~ ....
du=ies. ~her, v ~d~=and =aa~ ~e Ci~ Cocci! may suspend
mi~d~eanor r~!a:ad ~o ~e du=ies of his office or
indicated or ~fo~ed agars= for
misdemeanor.
! hermby au~orize ~e Sebas=i~ Police Dega~en= =o ~n an
/
SWO~ TO ~ S~$~B~ befcr~ me ~is ~0~ day of ~~ ,'
~ws-form\bcard-ap~
2
12
1976 ~ 1990
Fu! ! time
Automotive sales, service, and manage-
ment control.
Able Paving-
1965 - 1980
Full time/part time. Owned and managed
asphalt paving company. Customer con-
tact and ail non-physical aspects of
operations and employee relations.
Amprex Electronics- 1957 - 1965
Maintained labor fei ations/empl oyment
office - handling paperwork for the
emplo!ment of engineers. Have written
job descriptions for civil service.
United Nations Co-up. 1950 - 1957
This position dealt with operating
gift shop in the General Assembt!
Building - also negotiated charter
flights with KLM for repatriations.
Purchasing, layout, ordering, and al
correspondence ·
USZ~N-ESS:
~USi.,N-ESS TELEPHONE:
SOCZAL SE~J~Z~/ N-oRW~ER;
DRiVE-RS LiCeNSE ~u~ER:
lO.
!S.
!4.
(use add!:!ona! sneers if necessa~ or submit _-=_sume if ava£lah!_=)
Ar~ ~ou a reshden~ cf ~e C£~-?
LanqCh of Res!den~!
Dc ~ou hold a pubi£c office?
Dc iou se_--~e on a Ci~' Board a= prmsan=?
Yes Nc___A,
being "i")
~CDNETRUCTiCN BO~
~i~P~ CD~ZTTEE
~hat reasons dc ~/cu have =~- wisi%~n.c ~c se_--re cn an ad-~-~sci-!
I
m&sdemeancr !nvciv~.~.g mc_-al ?~--~!~--~de i.~. ;.~_is ~:
!9, Would ~ou ccnslder se~nc on ~o~ner Board c~er
one(s) ~ou se/at-ad above? ~es ~ Nc
r~mov~!.
sus~enc or r~cve fram office ~ z~c~al bo~ m~Der for
any mu~c:Fal bo~ memDer who i~ ~sZ~d for a
isdeme~or r~la~d Zm ~he du~Les cf kLs mfflcs mr
i~dic~ad or info.ed aq~ for ~e cm~ss~on
m~deme ~or.
: b. er~y au~cri:e ~he Se~as~!~ Police DeD~en~ ~m ~ ~ i
active w~: cnec~ cn me.
Subscribed ~nd swc~ To befor, me =~s /~av o-~~ i
N~ cf NC~- (Pr~m~ad mr Tl~e~)
Comm'~ss'-' on Nc.
..~c_-m.' = '\appiicaz;cn
LB. Dc ~cu hcld a .~ubZ~= cff-'-ca? Yes ~o ~
Dc you sa---Ce cna C'.'%-_¢ Bca_-d :% p--=-sen~? Yes Nc ~
19. WouLd ~!ou-consider sa_-vt.nq on anc~he_- Board
r~es~d ~ ~s ac~iica~ion is cause f -
r~mova!.
i ,anders;and L%a~ ;ne C!t-f Ccum_cll cf ~ne Ci~ of S~AETiA=W may
suspend or r~ove _-'rom off!ca ~ ~c~a! bo~d member for
ma!feas~ce. ~sfeas~_ce, neg!ec~d du~, haUL.aa!
mhsdeme~or.
SuDscr!bed and sworn ~o before me ~%is ~ day of /~.~%-~ ,
Name cf No~=---? (2r~zed or T?ged)
Nc.
"., ~s - form\ a_u_u!£ca=icn
City of Sebastian
1225 MAIN STREET = SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-,5570
MEMORANDUM
D~E:
~0:
FRON:
REFERI~NCE:
April 19, 1996
Mayor, City Council
Dorri Bosworth, Secreta.r~~.
Planning and Zoning Co--ion
Board Recommendations for Vacant Positions
At its regular meeting of April 18, 1996, the Planning and Zoning
Commission reviewed all applications it received for its vacant
alternate position and expired regular member position currently
held by Ms. Jean Brantmeyer. Ms. Brantmeyer is eligible for re-
appointment. Mr. Dennis Powers was not present for an interview.
Mr. Johns nominated Ms. Brantmeyer for the regular member position.
Roll call was taken, and the Board voted unanimously for Ms.
Brantmeyer to be re-appointed.
Mr. Munsartnominated Mr. Driver for the alternate member position.
Ms. Brantmeyer nominated Mr. Powers. Roll call was taken:
Ms. Brantmeyer POWERS
Mr. Johns DRIVER
Chmn. Fischer POWERS
Mr. Schulke DRIVER
Mr. Munsart
Mr. Mather
Mr. Pliska
DRIVER
DRIVER
DRIVER
Mr. Driver carried the vote 5-2.
Mr. Johns made a motion to recommend to City Council Ms. Jean
Brantmeyer for the regular member position and Mr. Larry Driver for
the alternate member of the Planning and Zoning Commission. Mr.
Mather seconded the motion. A voice vote was taken, motion
carried 7-0.
pending, seeking appointment to serve as a regular member of such appoin~ve boar&
commission or committee. This provision shall not preclude such regulaz member from
seeking appointment as a regular member to another appoinuve board, commission or
committee.
d. In the event that the City Council fails to reappoint a member for any reason
prior to the expiration of the members term, the member shall continue to serve until
reappointment is ramSed or a new appointment is confirmed.
e. Whenever a current or former member of an appointive board~ commission or
committee is being considered[ for appointment or reappoiutment to an appointive board,
commission or committee, the City Council shall cons/der the number and nalure of the
memoranda of conflict previously filed by such individual purmmnt to Section 112..3 t43
of Florida Statutes.
~IllED TERM. In thc event that a vacancy occum prior to the expirazion
of the tm the chaJa-p~on of the respective board, commission or committee shall place
the fil1ing of such term on the agenda of the next regular meeting or call a special meeting
for the sole purpose of considering the filling of such vacancy,. The board, commission or
commlt/ee may recommend the filling of the unexpired term by appointment of an
alternate member or another applicant for the position~ The City Council shall review the
recommendations of theboard, commission or committee prior to exercisiug imdiscretion
in f~]l~ng the unexpired term.
SOLIC1TA~ON FOR APPLICA_NTS.
a. The City Clerk shall, by press release in a newspaper of general circulation in
the City of Sebasmm, notice open positions at the request of board se=etaries.
INTERV~W. The respective board, commission or committee may interview an
applicant at a public me~-~fing however, the City Council shall interview each applicant at
a pubhc meeting, and shall vote for their setectionar a pubhc meeting desi~maated for such
purpose,
P~MOVZkL.
a Prior to suspending or removing a member of an appointive board,, commission
or committee, the City Council shall specify sufficient facts to advise the affected
member as to the basis for his or her suspension or removal, provide reasonable node:,
I City of Sebastian
1225 MAIN STREET Z SEBASTIAN, FLORIDA 32958
TELEPHONE (407)388-8200 Z FAX (407)589-..5570
Subject: Council Workshop for Month of
June, 1996
Approved for Submittal by:
City Manager/~'v-~ ~.~
Agenda No.
Dept. Origin:
City Manager
Date Submitted: May l, 1996
For Agenda of.' May 8, 1996
Exhibits: June Calendar
Expenditure Amount
Additional Appropriation
Required: N/A
Budgeted: N/A
Required: N/A
SIfMMARY STATEMENT
During the last City Council meeting (April 24, 1996), the Council expressed its desire to have a
workshop to discuss a number of topics and issues that each Council Member miglht want to
discuss and recommend for future action or study.
Accordingly, each Council Member was contacted relative to their own availability for the
month of June. As a result of those inquiries, it appears that ,rune l 1, 1996, would be an
acceptable date to conduct the workshop.
Since the topics that may be discussed could be broad and varied, I would suggest a morning
workshop beginning at 9:00 a.m. so that key staff members might also have the oppormmty to
participate. I will leave the length of the meeting up to Council's sug~st-/on, but I would point
out that as the meeting gets longer, attention becomes more difficult.
RECOMMENDED ACTION
Set June 1 l, 1996, 9:00 a.m. as the date and time for the workshop.
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 c] FAX (407) 589-5570
AGENDA TRANS~TTAL
SUBJECT: Letter of Agreement For
Legal Services Between the City and
Valerie F. Settles
Approval For Submittal By:
City Manager,. ,..~.~d ~
)
)
)
AGENDA NO.
Dept. Origin: Human
Resources
Date Submitted: 05/03/96
Fo Agenda Of: 05/08/96
Exhibits: Resolution No. R-96-32
- Letter of Agreement for Legal Services
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: NIA
APPROPRIATION
REQUIRED: N/A
SUMMARY
The attached Letter of Agreement for Legal Services between the City of Sebastian and
Valerie F. Settles outlines her compensation and other requirements while providing legal
services to the City of Sebastian. It represents the results of the past weeks of negotiation.
The Letter of Agreement as drafted, provides for up to 15 hours per week availability in City
Hall; it provides for aa anmmi retainer fee of $45,000/yr; it provides for attorney attendance
at certain meetings; it provides for $50/hr. fee for service beyond the scope of the retainer;
it provides for certain ~ont end expenses; it provides for certa/n internal support matters; i.e.,
temporary space, part-time clerical, office supplies, telephone lines, etc.; it provides for
maximum 30 days of travel expenses within the first 120 days; it provides for mutual
termination and it provides for annual review.
This proposal represents the best effort of the City Manager to acquire the type of legal
representation that the Council was understood to desire. The cost of these legal services
are also within what it believed to be the general limits desired by the Council.
RECOMMENDED ACTION
Review the Letter of Agreement and ascertain satisfaction of its content and proposals. If
Council determines that it meets its criteria, then move to adopt Resolution R-96-32
authorizing the execution of the Letter of of Agreement.
RESOLUTION NO. R-96-32
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE A LETTER OF AGREEI~ENT FOR LEGAL SERVICES
BETWEEN THE CITY AND VALERIE F. SETTLES FOR THE PURPOSE
OF UTILIZING THE LEGAL SERVICES OF MS. SETTLES AS TITE
CITY ATTORNEY; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT tt~REWiTH; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has previously determined it to be
in the best interest of the City of Sebastian to utilize the
services of Valerie F. Settles for City Attorney; and
WHEREAS, the terms of her agreement have previously been
discussed by 5he City Council at a public meeting of the City
Council of the City of Sebastian held on April 13, 1996; and
WHEREAS, the City Council and Ms. Settles desire to enter into
a written agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. The Mayor and City Manager are hereby authorized
to enter in~o an agreement for legal services with Ms. Settles on
behalf cf the City of Sebastian. Said Agreement being a~Zached
hereto as Exhibit "A".
$~CTION 2. CONFLICT. That all resolutions or parts of
resolutions in conflicu herewith are hereby repealed.
~ SEVEPJkBILITY. That in the event a court of
competenn 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 unconszi~utional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 4. This Resolution shall take effect immediately upon
its adoption.
The foregoing Resolution was moved for adoption by Council
member The motion was
seconded by Council member
and, upon being put to a vote, the vote was as follows:
Mayor Louise Cartwright
vice Mayor Walter Barnes
Council member Norma Damp
Council member Raymond J. Hailoran
Council member Richard Taracka
The Mayor thereupon declared this Resolution duly passed and
adopted this
day of , 1996
CITY OF SEBASTIAN, FLORIDA
BY:
Louise Cartwright, Mayor
ATTEST:
Ka~hryn M. O'Halloran, CMC/AAE
ADDroved as ~o Form and ConZen~:
Clifzon McCle!tand, City AZ~orney
Ub-UJ-~O 1. ~: b;A.~
May 3, 1996
Valerie Fernandez Se~tlee
4125 Pinta Conrac ,
Coral G~les, Florida 33146 .
............
Re: n~al Repreaen~on of ~e c~y of
Dear Ms.
~e p~ose of =his
concernin~ and billing a~~en~, ~d Uo o=he~ise
me=o~aliz~ ~a general =~. an= condl=iona ~der which 7ou will
prorate ~ega~ representation ~O ~a City of Sebas~i~
( "A~eement" ) .
It is unde~to~ ~a= you have been =e=alned to ac= a~ a
~a~ time contract City Attorney ~d ~o ~rovide general legal
~mP~s~gta=%on .~o ~e City. Generally, yo~ represent:ion will
ua_ l~ml~ed =o ~=e~. ~vere~
~G your enqa~t is te~in~le by eider
_~]ec=_=~.~a~ent of all
=a~ or ~s A~ee~= will ~e s~Je~ ~ c~ge a~ ~aluation./
by bo~ Sa~ies at ~e end of One ~1) year from =~ date of
execu=ion ~ereof. ~nlass o~e~ise
t~e ~e=ainer Se~ices, as defined ~low, you will
9erfo~ any l~al semites w~ich ~y be re~ues=ad ~ ~e Ct=7
Manager, ~Council, r w~i=~
appear appropr&a=a under ~e =irc~=ances. ~is w~ll include,
wi~ou= liml=a=ion, repres~=ati=n in ~e areas of g~eral local
gove~en= law/ ll=iga=~on, ~Dlo~en= la~, land ~e law, real
prope~ law, env~ro~en=al law, and constitu=ional law.
Your fee retainer will be $45,000 per year ("Retainer").
This retainer, the payment of which may be divided into twelve
Valer~e Fernandez Sa~tles
May 3, 1996
Page 2
monthly incremen~s of SS,750.00, is specifically designs=ed as a
payment for the following legal services ("Retainer Ser~ices"):
!. Attendance by Valerie Fernande= Set, lee ak regularly
scheduled meetings of ~he Council (including =he
a~tendance at up ~o ~welve special m~e~ings per year, ·
at me request of the Council). You will serve as
legal advisor and parliamentarian to =he Cl=y Council
during mess meetings. A~ndance a= t~he Planning &
Zoning Meetings, at =he reques~ o~ =he City Manager.
Creation of =he framework for a Ci=y Legal Department.
T~is will include =he creation of a Legal Depar~aent
Admini~tra~ion Program, including a Liniga=ion
~anagemen~ System and ProJec~ A~sip~ment Report.
Unllmi~ed telephone consultations between you and city
representatives.
In house presense a= City Hall for meetings and
consul~ations. The exa~c number of hours and days you
will be present a~ city Hall will be de=ermined by
City ~Lanaqer. You have a~eed ~ a minim~ of one full
day ~r ~ek ~d up =o ~o full ~ per
r~es= of ~e City ~a~e=. I~
~ may be ~eaCer legal nee~ in one par=i~ular
week, depending on ~e issue~ faced ~ ~e City. You
~ill work wi~ ~e City Manager On ~e ef~ecien=
sch~uling of your time a= City ~11.
The handling of state court, federal dis=tic= court,
and appellate p~oceedings no~ covered by ins~ra~ce~
Formal mediation and ~rbi=ra=ion pr~ceedings,
~mn labor flego=ia=ions and nat~ers covered by
insurance;
Administra=ive' adJudica=or~ proceedings wi~in your
area of exper=~se~
Draftin~ of resolutions, ordinances, regulations,
agreements, laws and o~2~er legal documents ss required
by =he. C£=y Council and =he city Manager.
Valerie Fernandez
May 3, 1996
The Ci=y recognizes that all normal and customary legal
services cannot be provided effectively for a fixed sum.
Accordingly, ~-~er~ may be insurances w~ere outside counsel may be
retained, or items outside of ~his agreement may be handled by
you. Consequently, t21e City a~rees t. ha= specified legal services
will be provided by separate billing, such services shall
include:
Especially complicated litigation and transactions
requiring a high degree of skill and a very subs=an=iai
commi~ment of time; a~d
Labor and Union mat~ers~ and
Bond ~ransac~ions.
I 4. Attendance and =spresen~ation of tahe City at quasi-
Judicial board meetings, o~her than City Council
meetings, other than no=ed below.
I Litigation ma=term covered by t~le City's ineurmnce. If
5.
=he City's carrier does no= assign counsel, you will
negoCia=e with outside counsel to o~=ain the most
effective ra~es.
6. 0~er matters no= covered by ~J~e Retainer Services, or
Re~ainer Services.
Legal services for separate billing mat~ers will be provided
upon request of, and wi~ ~e consent of, ~/%e City. Professional
services for these subjects be provided by you, or outside
counsel who can best providers service for the benefit of
city. Ail ma~ters outside of the Re=airier will be approved by
t~e City Manager prior to assignment.
The fees you will charge the City for legal services
rendered in addition to =he Re~ainer Services will be $50 per
hour. For csz~ain special projects where outside counsel
necessary, a fee will be agreed upon in advance with t~le
Manager. .You will negotiate wit/~ outside counsel to provide the
C.i=y wi=ah the lowest Dossible rates. It is our goal ~o re=sin
attorneys represent the City at cez~ain quasi judicial
local
board meetings. Un=il one is re~ained, you will represent these
boar~s. Represents=ion of t/le Planning and Zoning Commission is
included in the Re~ainer Amount. Representation of other boards
will be billed a= $$0 per hour.
Valerie Fernandez Settles
5uc~ i=~ ~ ~ffio~al fee~, cop~ing ~a~em, ove~i~= deliver~
ae~ices, long dist~ce telephone charges and ~vel expense
(excl~ =ravel =o and f=o~ ~i, Florida, excep= as no=ed
~). Yo~ willr no= be ~arg~ for a=torn~y ~yel =~ fro~
calls, perfo~ filing ac=ivi=ies ~d so~ mail. ~ou ~ill no=
-rovided wi~ ~ office a= Ci=y Hall, bu=. may u~alize space ~or
= wall ~ provided wit~ City
your weekly visi= =o ~e City. You.
Florida, (no= =o ~ceed a =oral of ~i~y (30) days oz ~
during ~e firs= one h~ed ~d tw-n~y _(1=0) ~Y= ?~.~e
dollars ~$~0) ~r
The Ci=y will p~ase ~e CD-~m reference
($1500) ~d a lap =op com,=er (no= =o ~ceed $2500) a= a capi=al
expense ~ se~e as ~e base for i~ "Ci=y A=~o~ey's o~fice."
I= is understood ~a= ~ere ~y ~ o~er l=~$, such
s~scrl~ions ~d .legal edda=ion, w~ich may b~.~e~ired.
i=ems will ~e s~]ec= =o ~e approva~ of ~e cl=y ~na~er. YOU
will ~r~ wl~ =~e Ci=y ~naqer on ~e L~gal Dep~en= ~dqe=
bring all legal dep~en~ ~==srs wi~in t~e budge= and will
departmen= whi~ will provide. =~e City wl~ ~m mos= .c°s
effec=ive r~prms~=a=ion, ~i~ m~ni~l use of ou=sl~ co~se~.
It is ~e desire of ~e City to ~ sa=isfied not only with
~e fees ~aC ~u ~e for ~e se~lc~. T~re=ore, _you
a=~em~ ~o pr~ide as muc~ billing info~Cion ~ ~e
you would ~si~. You will ~p ~a~ of all .hours o~
~e city ~r ~e Re~iner se~ices and w~ll pr~vL~ us w~
S~a=eme-~ ~ge~ally r~red on a mon~ly basis. Y ur
no~l precedes ~s for each s=a=~t =o se= ou= in de=all
semites w~l~ ~ave ~en ~o~ ~d ~e na=~e of ~e
which have been in=red. Ail $~a=~n=s ~e due when r~dered.
~e mostly re=ainer will be paid on a per mon~ b~is, wi~ou=
t~e need for a ~n~ly invoice.
Valerie Fernandez
May 3, 1996
Page 5
The City &c~nowledges that you have called to our attention
certain particular areas where the ethics of your profession will
specifically govern this rspresen~a~ion.
First, as a mat=er of professional responsibility =o your
clients, you are =squired .in almost all ins=antes Jo preserve as
confidential all information whicah clients communicate to y~u.
Confidences impaz~ced =o you by your clients mrs pro=ects~ by law
to. encouraqe full and candid communication between lawyers a~d
clients. You can best represent the City only if you are maas
aware of all relay&hr facts and circumstances.
Second, your client rela=lons~lp will De wit~% =he City
=hroug~ the City Council and not with its individual employees or
Council Members. It ~s =o the City, t/%rou~ =he City Council tha~
you will o~e your professional responsibility. Should there De
any ¢ir~ummtancee where any individual involved wit~_ =he City
feels that his/her in=erects may differ from t~ose or t_he City,
suc~ individual s~ould seek separate legal counsel.
VALEP, IE FERNANDEZ SETTLES
ATTORNEY AT LAW
Valerie Fernandez Settles
CITY OF SEBASTIAN
Louise R. Cartwright
Mayor
ATTEST:
Kathryn M. O'Halloran
City Clerk
City of Sebastian
1225 MAIN STRE~ -: SEBASTIAN, FLORIDA 32958
TELEPHONE/407) 388-8200 "' FAX (407) 589-5570
Subject: BellSouth Mobility, Temporary.
Cell Site Temporary. Communications
?acility Agreement
Approved tbr Submittal by:
CitY Manager -~~J u/J. ,~L~ ..~. ~
Dept. Origin: City Manager ,;Police Dept.
Date Submitted: April 30, 1996
For Agenda of: May 8, 1996
Exhibits: a) Letter from Police Dept.
b) Proposed Agreement
Expenditure Amount
Additional Appropriation
Required: N/A
Budgeted: N/A
Required: N/A
SUMMARY STATEMENT
Attached is a proposal that has been tbrwarded to me from Interim Chief of Police, Dav/d J.
Pusher regarding a request received from BellSouth Mobility. [n essence, BellSouth wants to
temporarily use the radio tower located behind the Police Department for cellular
commumcations fhcility. In addition to the use of the tower, other temporary appurtenances
would also be placed adjacent to and in conjunction with the tower.
BellSouth will comply with all permitting and site piing requirements of the City. BellSouth
will also indemnify and hold harmless the City from and against all claims, suits, actions,
damages, causes of acUons, costs and expenses as a result of the use of the property.
[n discussing this matter with Inter Chief Pusher, he has indicated to me that he anticipates no
interference with the police commtmications system.
Inasmuch as BellSouth proposes to pay the city rent in the mount of $400.00 per month tbr
approximately 6 to 7 months, it seems appropriate to accept their offer subject to appropriate
approvals, permitting and approval of the language of the agreement of the City Attorney,
RECOMMENDED ACTION
Authorize the City Manager to execute the Temporary Commumcarions Facility Agreement with
BellSouth subject to City Attorney approval.
I
SEBASTIAN
~ POLICE 1201 Main Street I
.~~ .... _ .... Sebastian, FL 32958
DEPARTyI m' t' (407) 589-5233 I
Memorandum i
Date :April24, 1996 //~
To :Thomas W. Fr~e, City Manager
From :David J. Puscher, Interim Chief of Police ~[,
Subj :BellSouth Mobility Tower Use Proposal
I hcnre discussed the proposal with lan King, to determine if (:my Temporary Use
Permit would be required as you directed, and the probability is that some sort of
approval will be required from zoning.
Since you ond I discussed this matter on April 24, 1996, I have been advised that
BellSouth expects to seek permits and submit cr site plan through ?lcmning and
Zoning, however they are. cmxiously awcdting acceptance of their proposal so they can
proceed accordingly.
I have attached the Temporcn7 Facility Agreement for your convenience.
BellSouth Mobility
5201 Congress Avenue
Boca Raton, FL 33487
April 14. 1996
Mr. Jay Bennett
Chief Communication Tecbatician
Sebastian Police Department
1225 Main Street
Sebastian. FL 32958
Re:
BellSouth Mobility Temporary. Cell Site
Temporary. Communications Facility Agreement
Dear Mr. Bennett:
Please accept this letter as BellSouth Mobility's written Agreement to place a temporary cellular
communication facility at the Police Department. This site will require approximately a 30 foot by 20 foot
piece of property located on the east side of the emSUng tower. This faciliw will reqmre 24 hour access
seven days week including weekends and holidays for our field personnel and mmntenance purposes. The
facili~ will atilize the existing 150 foot tower and a state approved prefabricated eqmpmem shelter for the
cellular commtmicalaons eqmpmem. This shelter will be provided by BellSouth Mobility and will require
electrical semce; the electric can be separately metered if the capacity is available or. we can install a
check meter to monitor our use. With either scenario, BellSouth will be responsible lbr our power
consumption.
It is anUcipated that this temporary facility will be located on your property, for approximately 6 to 7
months. BellSouth Mobility, Inc will indemnify and hold you harmless from and against any and all
clmms, suits, aCUons, damages, muses of actions, costs and expeuses which you may be subject to as a
result of the use of your property by BellSouth Mobility., Inc for this temporary facility..
BellSouth Mobility is proposing to pay a rental amount of $4(~1.00 per month plus applicable sales tax for
the duration of our occupancy, lbr this temporary facility. You will be receiving these payments by the
first of each month once a building permit is issued. You will receive these payments by the first of each
month.
If the above meets with your approval, please indicate your concurrence by signing below and returning
one original to me at the above address. If you should have any questions or comments, you may contact
me at (407)4774 100_ Once the agreement is executed, we will begin our process of having a survey, and
site plan/construction plans prepared.
A BELLSOUTH Com~3any
Sincer~
Jo-Ellen Cox
BellSou~ Mobili~ Inc.
PrOlect M~ager, Re~ E~te ~d Cons~cflon
:jc
Acknowledgment of Approval
By:
Property Owner/Agent
Date
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Resolution R-96-34
Agenda No.
Dept. Origin: Finance
Finance Director
Approved For Submittal By:
Date Submitted: 04/26/96
For Agenda of: 05/8/96
City Manager Resolution R-96-34
EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
~UI~D: ~/A
SUMMARY STATEMENT
The annual budget for the current 1995/1996 fiscal year needs to be
amended to reflect current economic conditions and financial
projections for the remainder of the year.
A number of changes are necessary that will increase or decrease
specific departments and Funds total budgets for the current fiscal
year. Budget appropriation and authorization affecting Fund totals
require prior approval of the City Council.
RECOMMENDED ACTION
Move to adopt budget Resolution No. R-96-34
1995/1996 Budget as submitted.
amending the FY
RESOLUTION NO. R-96-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING
THE BUDGET FOR THE FISCAL YEAR BEGENN1NG OCTOBER
1, 1995 AND ENDING SEPTEMBER 30, 1996; DETERMINING AND
FIXING THE AMOUNTS NECESSARY TO CARRY ON THE
GOVERNMENT FOR THE ENSUING YEAR; DETERMINING THE
AMOUNT OF APPLICABLE FUNDS ON IJ_~; ESTIMATING
RECEIPTS AND EXPENDITURES FOR THE GENERAL FUND,
EXI-IIBIT "A", GOLF COURSE FUND, EXItffilT "B", AND
AIRPORT FUND, EXHIBIT "C'; PROVIDENG FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; A2qD
PROVIDING FOR AN EFFECTiVE DATE.
WHEREAS, an amended budget has been prepared estimating expenses and revenues
of the City of Sebastian, Indian River County, Florida, for the current fiscal year, with
detailed information, including revenues to be derived from sources other than ad
valorem levy, and the administrative staff of the City has made recommendations as to
the amount necessary to be appropriated for the current fiscal year; and
WHEREAS, the City Council has met and considered the recommendations and the
amended budget for the current fiscal year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, [NDIAN RIVER COUNTY, FLOR/DA, THAT:
Sect/on 1. The amended budget of the City of Sebastian, Indian River County,
Florida, for the Fiscal Year beginning October 1, 1995 and ending September 30, 1996,
identified as Exhibit "A", "B" and "C", is hereby adopted and the appropriations set out
thereto are hereby made to maintain and can-y on the government of the City of
Sebastian, Indian River County, Florida.
Section 2. All delinquent taxes collected dunng the fiscal year as proceeds from
levies of operation millages of prior years are hereby specifically appropriated for the use
of the General Fund.
Section 3. All monies appropriated for Capital projects during the preceding fiscal
years and final payment has not been made are specifically re-appropriated for each
project as work-m-progress.
Section 4. If any clause, section, or other part of this Resolution shall be held by any
Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the
other provisions of this Resolution.
Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the ement of such conflict.
Section 6. This Resolution shall become effective upon its passage and 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 Damp
Councilmember Richard Taracka
Councilmember Ray Halloran
2
The Mayor thereupon declared this Resolution duly passed and adopted this
,199
__ day of
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwn~t Mayor
Kattn'yn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Clifton A. McClellan&
City Attorney
REVENUE
Taxes
Licenses & Permits
Intergovernmental
Charges for Service
Fines & Forfeits
Miscellaneous
Transfers in
Prior Year Balance
TOTAL REVENUE
EXPENDITURE
City Council
City Manager
City Clerk
Finance
Legal
Police
Human Resources
Commumty Development
Emergency Management
DPW/Engineermg & Admin.
DPW/Roads and Drainage
DPW/Building. Maintenance
DPW/Central Garage
DPW/Parks & Recreation
DPW/Cemetery
Non-Departmental
TOTAL EXPENDITURE
CITY OF SEBASTIAaN
GENEFIAL FUND SL,'?vlMARY
.M) OPTED
FY 95 - 96
$4,379,700
321,000
871,400
13,700
60,000
174,900
4,000
1 420 570
16,840
199,490
223,745
314,350
105,000
1,693,360
88,175
442,055
1,850
292,480
865,790
129,650
152,690
211,145
84,690
2 423 960
EXHIBIT "A"
AMENDED
FY 95-96
$4,671,845
296,000
987,480
22,790
58,400
270,370
4,000
934 385
$7,245,270
19,110
168,095
222,025
257,530
105,000
1,693,360
84,805
395,610
1,850
276,680
841,3 10
127,115
138,710
203,810
82,515
2 627.745
$ 7.245,270
REVENUE
Charges for Service
Interest
Loan from General Fund
TOTAL REVENUE
EXPENDITURE
Personal Services
Operating Expenses
Depreciation
Capital Outlay
Debt Service
TOTAL EXPENDITURE
CITY OF SEBASTIAN
GOLF COURSE FUND
ADOPTED
FY 95 - 96
$1,283,330
20,000
75.000
$166,315
724,685
180,000
100,500
206.830
$l,378,330
EXHIBIT "B"
AMENDED
FY 95-96
1,222,740
30,000
75,000
1,327,740
170,850
724,80O
160,730
64,530
206.830
REVENUE
Intergovernmemal
Charges for Service
Interest
Prior Year Balance
TOTAL REVENUE
EXPENDITURE
Personal Services
Operating Expenses
Capital Outlay
Reserve
TOTAL EXPENDITURE
CITY OF SEBASTIAN
AIRPORT FUkND
PROPOSED
FY 95 - 96
343,000
72,800
11,400
82,330
$ 509.530
$ 0
16,950
468,000
24,580
$ 509,530
EXHIBIT "C"
AMENDED
FY 95-96
485,190
62,695
11,600
191 235
2,250
30,470
718,000
0
[,, 750,720
City of Sebastian
1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Resolution No. R--96-35
Agenda No. ~.~i~
Dept. Origin: Finance
Finance Director ~
Approved For Submittal
City Manager ~~~~
Date Submitted: 04/26/96
For Agenda of: 05/08/96
Exhibits: Resolution R-96-35
EXPENDITURE
AMOUNT
BUDGETED: $ 0
APPROPRIATION
REguI~O: $o
S~~ STATEMENT
Due to the decrease in the Florida Department of Transportation
Grant for Resurfacing Runway 4-22 from $475,200 to $475,000,
Resolution R-95-56 must be amended.
RECOMMENDED ACTION
Move to adopt R-96-35 which amends Resolution No. R-95-56 to
the revised FDOT JPA amount of $475,000 versus the original
amount of $475,200.
RESOLUTION NO. R-96-35
A RESOLUTION OF ~ CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, AMENDENG RESOLUTION NO. R-95-56
WI-IICH APPROVED THE JOINT PARTICIPATION AGREEMENT
(GRANT) WITH THE STATE OF FLORIDA DEPARTMt;NT OF
TRANSPORTATION FOR RECONSTRUCTION AND OVERLAY OF
SEBASTIAN MUNICIPAL AIRPORT RUNWAY 4.-22 IN THE
AMOUNT OF $475,200.00; AM~ENDING THE AGREEMENT
AMOUNT TO $475,000.00; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
IIEREWITFI; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida,
entered into a Joint Participation Agreement with the Florida Department of Transportation
for funding for the reconstruction and overlay of Sebastian Municipal Airport Runway
4-22 by adoption of Resolution No. R-95-56 on September 27, 1995; and
WItEREAS, entering into this Agreement would have resulted in the City of Sebastian
receiving up to 5475,200.00 in grant funds for the purpose of this project from the Florida
Deparunent of Transportation; and
WB[EREAS, the Florida Department of Transportation has amended the grant amount
to $475,000.00.
NOW, TItEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TltAT:
Section 1. AMENDED GRANT AMOUNT. Resolution No. R-95-56 is hereby
amended to reflect an amount of $475,000.00 for the Joint Participation Agreement
between the City of Sebastian and the Florida Department of Transportation. The executed
amended agreement is attached hereto as Exhibit "A".
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
Section 3. SEVERABILITY. If any clause, section, or other part of this Resolution
shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and shall in no way affect
the validity of the other provisions of this Resolution.
Section 6. EFFECTIVE DATE. This Resolution shall become effective upon its
passage and adoption.
The foregoing
Resolution was moved for adoption by Counciknember
The motion was seconded by Couucflmember
and, upon being put to a vote, the vote was as follows:
Mayor Louise Cartwdght
Vice Mayor Walter Barnes
Councilmember Norma Damp
Councilmember Richard Taracka
Councilmember Ray Hallorau
2
The Mayor thereupon declared this Resolution duly passed and adopted this
,199
day of
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lottise P,_ Cartwright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Clifton A. McClelland,
City Attorney
~rATB OF FLORIDA DE:PARTMI~,,"r OF 'I'R~HSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGR£EMENT
FORM
PUBI..IC TR~XN,~P AOMIN - 03105
'WP[ No: ~g~g310
;'ob No: R:RDC~'3-3RqO
Fund: 010
Function: . 63'7
Federal No:
Conwac: No:
SAMAS A@prop: 0RR71O
SAM,AS Obj.: 700007 .
0rs. Code: 55fM20 lfLd. TR
Vendor No.: VF 506 OClq ~27 004
THIS AGREF_MENT, made and entered into ~s Z.c~
by and between the STATE OF FLORXDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and TE~ t-~ (3f ff~'Ma~rian~rndian ~iv~r Cn,,nry..a M,,nle~?l C'nrnnr~rinn
hereinafter referred to as the Agency.
WITNESS ETH:
WHEREAS, the Agency has the authority to enter into said A~eement and to unde,-xake the project hereinafter
described, and the Department has been granted the authority to fi.ruction adequately in all areas of appropriate
jurisdiction mctuding the implementation of an inte,,orated and balanced transportation system and is authorized under
7 .q 332 0Oq (6~ , Florida Statutes, to enter into dais A~eement;
NOW, THEREFORE, in consideration of the mutual covenanm, promises and representations herein, ,.he parties a~ee
as follows: .....
1.00 Purpose of Agreement: The purose of this A~eemenu RW 4121 Reconstruction/Overlay
land as further described in Exh/bit(s) A~: C & X ...... attached hereto and by titis reference made a part
hereof, hereimfer referred ~o as the project, ara to provide Departmental financial assistance to the Agency and state the terms
md conditions .upon wh/ch such assistance will be provided and the undersranciin~ as ro the manner in which the project will
be undertaken and completed.
I
EXt{IBIT "A"
PUBLIC
2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A"
attached hereto and by ti'tis reierence made a part hereof, with all practical dispatc~t, in a sound, economical, and efficient
manner, and in accordance w/th the provisions herein, and all applicable laws:
2.20 Pursuant to Federal, State, and Local Law: [n the event that any e!ection, referendum, approval, permit,
nodce, or other proceeding or authorization is re .mfisite under applicable !aw to emble the Agency to enter into this Agreement
or ~o tmdemke the project hem,,meter, or to observe, assume or carry out any of the provisions of t_he Agreement, the Agency
will initiate and consummate, as provided by law, ail actions necessary with respect to any such matters so requisite.
2.30 Funds of the Agency: The Agency shall imtiate and prosecute to completion all proceecLings necessary including
federal aid requirements to ena01e the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts and other <tocurnenm relating to the project as the Department may require as listed in
Exhibit "C" attached hereto and by r/tis reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 52,q~ClOO This amount
is based u~n the estimate summarized in Exhibit "B" attached hereto and by this reference made a parr hereof. The Agency
agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department a~ees to maximum participation, including contingencies, in the
project in the amount of $ 475,000 as detailed in F_.xlaibit "B", or in an amount equal
to the percentage(s) of total project cost shown in Exhibit "B", whichever is tess.
4.10 Projeex Cost Eligibility: Projec~ cos,'~ eii~ble tbr State participation will be allowed only from the effective date
of this A~eement. It is unde~tood that State participation in e!i~ble project costs is subject to:
(a) Le~slarive approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availahiliry of fun~ as stated in paragraph 17.00 of this A~eement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all o~er terms of d'ds
Agreement;
(d) Department approval of the project scope and budget (Exlaibits A & B) at the rime appropriation authority
becomes available.
4.20 Front End Funding: Front end funding (i~ (is not) applicable, rf applicable, the Department may initially pay
100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in para~aph
4.00.
5.00 Retainage: Retainage (is) (is not) applicable, if applicable, ~ percent of the Department's total share of
pamcipation as shown in paragraph 4.00 is to be held in re,,ainage to be disbursed, at the Department's discretion, on or before
the completion of the final project audit.
6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The
A~ncy shall maintain said budget, carry out r_he project and shall incur obligadon.s against and make disbursements of project
funds only in conformi~ with the latest approved budget for the project. No budget increase or decrease shall be effective
unless it comuties w/th fund pamcipauon requirements established in paragraph 4.00 of this .Agreement and is approved by ~e
Deparrme~!.ler.
FORM
PUBLIC TRAH~p AOMIN -
6.20 Payment Provisions: Unless otherwise allowed under paragraph ¢.20, payment will begin in the year the project
or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs
incurred as of the date the invoice is submitted wig the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local
Governments", separate accounts to be maintained within its e. xistmg accounting ~stem or ~tabtish independent accounts. Such
accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made
~vailable to the Department upon request any time during the period of the A~eement and for five years after final payment
is made. '
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments
received by it from the Department pub-dent to this Agreement and all other ~nds provided rbr, accruing to, or otherwise
received on account of the project, which Department payments and other funds are herein collectively referred to as "project
fiends". The Agency shall require depositories of project funds to secure continuously and. fully all project fimds in excess of
:he amounts insured under federal plato, or under State plans which have been approved/or the deposit of project funds by
Me Depara'nent, by the deposit or serdng aside of collateral of the .types and in the manner as prescribed by State Law tbr the
security of public thnds, or as approved by the Deparmaent.
7.30 Costs Incurred for the Project: The Agency shall c,harge to the project account all eligible costs of the project.
Costs in excess of the latest approved budget or attributable [o actions which have not received the required approval of the
Department shall not be considered eli~bte costs.
7.40 Documentation of Project Costs: All ~ charged to the project, including any approved services contributed
by the Agency or others, ~all be supported by properly executed payrolls, time records, invoices, contrac=, or vouchers
*.videncing in proper detail the nature and propriety of the charges.
7..50 Checks, Orders, and Vouchers: ,amy 'check or order drawn by the Agency with respect to any item wh/ch is
or will be char=~.able against the project account will be drawn only in accordance with a properly signed voucher then on file
Ln the office of the A~ncy stating in proper de,ail the purpose for which such check or order is drawn. All checks, payrolls,
:.nvoices, contracts, vouchers, orders, or other accounting documents pertaining m whole or m part [o the project shall be
:iearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents.
7.60 Audit Reports: The Agency shall provide to the Deparunent for each of its fiscal years for which the project
~c:ount remains open, two audit reports prepared either by its offic/al auditor or audit agency or an independent certified public
:ccoumant, reflecmag the use of the funds of the Deparunent. the Agency, and those from any other source with respect to the
?roject. Audits shall be performed in accordance with generally accepted government auditing standards contained in the
"Standards for Audit of Governmental Organizatiorks, Programs, Activities and Functions", issued by the U. $. General
Accounting Office and OMB Clrculares A-128 or A-133 where applicable. The Agency shall require its auditors to include
in their report a schedule of project assistance as described in Ex?fibit "A", Special Considerations.
7.70 Insurance: Execution of this Joint Parric/pation A~eement consumres a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or faclliues in the event of loss or damage due to any
~ccident or casualty tbr the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities,
~e A~ncy shall either replace the equipment or facilities or reimburse the Department to ~he extent of irs interest in the lost
equipmem or facility.
~n
the event this A~eement is for purchase of !and or for ~e consu-uction of infrastructure such as airport
Department may waive or modify this section with an Exhibit "C".
8.00 Requisitions and Payments:
&10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of
Transportation, District F:o,r ...... Public Transportation Office
~c~,-idn 3'~q139-3421 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project
account (as defined in paragraph 7. i0 hereor) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for mt'vices or expenses shall be submit-ted in detail sufficient
for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, P.S. The
Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
8.13
(1)
(2)
(3)
For real property acquired, subrmt;
the date the Agency acquired the real property,
a statement by the Agency certifying that the Agency has acquired said real property, and actual
consideration paid for re, al property.
a stamment by the Agency certifying that the appraisal and acquisition of the real property together
with any atmndant relocation of occupants was accomplished in compliance with all federal laws, rules
and procedures requ/red by any federal oversi~t agency and with all state taws, rules and procedures
that may apply to the Agency acquiring the real property.
$.20 The Department's Obligations: Subject to other provisions hereoL the Department will honor such requisitions
ia amounts and at times deemed by the Department to be proper ~o ensure the cart?lng out of the project and payment of the
eli~ble costs. Floweret, notwithstanding any other provision o£ this Agreement, the Deparn'nent may elect by notice in writing
eot to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a mater/al nature in its
a?plication, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished
therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any
of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the
project;
$.23 Approval by Depa~t~xent: The Agency ~mll have taken any action pertaining to the project which,
under this agreement, requires the approval of the Department or ha~ made related expenditures or incurred related
obligations without having been advised by the Deparnnent rtmt same are approved;
8.24
herein; or
Conflict of Interests: There has been any violation of the comlict of interest provisions contained
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.25 Federal Participation (If Applicable): ,&ny federal agency providing federal financial assistance to
the project suspends or terminates federal financial assistance to the projecT. In the event of suspension or termination
of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
owed Costs: In determining the amount of the payment, the Deparn-nent will exclude all projects costs
i incurred by the Agency prior to the effective date of this AgTeement, costs which are not provided tbr in ~he latest approved
budget tbr the project, and costs attributable to goods or services received under a conu-act or other arrangements which have
Inot been approved in writing by the Deparunem.
8.40 Payment Offset: If, after project completion, any claim is made by the DeparUnent resulting from an audit
or ior work or services ~n:ormed pursuant to this a~eement, the Department may offset such amount/rom payments due for
work or services done under any public transportation joint participation agreement which it has with the Agency owing such
amount if, upon demand, payment of due amount is not made within s/xty i60) days to the Department. Offse~ng amounts shall
l aot be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.1~) Termination or Suspension Generally: If the Agency abandons before discontinues the
or,
completion,
finally
project; or if, by reason of any of ~e events or condiuons set forth in para~aphs 8.21 to 8.26 inclusive, or for any other
.--~.son, the commenc~mem, prosecution, or imely completion of the project by the Agency is rendered improbable, infeasible,
:.mpossible, or illegal, the Department will, by wi-iran notice to ~he Agency, suspend any or all of its obli~tions under this
.~greement until such ~,ne a.s the event or condition resulting in such suspension has ceased or been corrected, or the
Deoartment may terminate any or all of its obligations under this A~eemenu
9.11 Action Subsequent to Notice of Term/nation or' Suspension. Upon receipt of any final t~rmination
or suspen~on nofic~ under this paragraph, the Agency shall proceed promptly co carry our the actions required therein
which may include any or all of the following: (1) nec~sary action co terminate or suspend, as the case may be,
proje~ acuvities and conu'acts and such other action as may be required or desirable to keep to the minimum the costs
upon ~e basis of which the financing is to be computed; (2) thrnish a smmment of the projecz activities and contracts;
and other undemld.n.~ thc cos~ of which are otherwise includable as project costs; and (3) remit to the Deparunem such
portion of the financing and any advanc~ paymem previously received as is determined by the Deparunent to be due
under thc provisions of thc Agreement. The t~-minarion or suspe, n~on shall be carried out in conformity with the latest
schedule, plan, and budget as approved by the Depamnent or upon the basis of ~errns and conditions imposed by the
Deparmuent upon the failure of ~e Agency to furnish the schedule, plan, and budget within a reasonable ~ime. The
approval of a mmiuance by the Agency or the closing out of federal financial participation in the project shall not
constitute a waiver of any claim wi'iich the Deparunent may other,vise have arising out of riffs Agreement.
9.12 The Deparmuent reserves ~e right to unilaterally cancel ri.is Agreemem for refusal by the contractor or
Agency to allow puJoiic access to all documents, papers, leuers, or other material subject to the provisions of Chapter
119, Florida Statutes and made or received in conjunction with this A~eemem.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
~ayment, provision tbr payment, or reimbursement oi all project costs payable from the project account is made, the Agency
shall remit to the Departraem its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors co permit, the De~arunent's
authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts
pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
~×ecute any contract or obli~te itself in any manner requiring the disbursement of Department joint par~cipation thnds,
including consultant, construction or purchase of commodities conrrac:s or amendments thereto, with any third party with
l:~scect to the projec: without the wr/rten approval of the Department. Failure :o obtain such approval shall be sufficient :ause
for nonpayment by the Department as provided in para,apb 8.23. The Depar~nen~ specifically reserves unto itself the right
i:o review the qualifications of any consultant or contractor and to approve or disapprove the employment of the~
~ge 6 of ~ ~
12.20 Compliance with Consultants' Competitive Negotiation Act: it is understood and a~eed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, arc.hitecu.tre or surveying sexvic, es, is contingent on the Agency complying in full with provisions of Chapter 287,
Fi, orida Stam~es., Consultants Competitive Negotiation Act. Ar the discretion of the Deparn'nent, the Agency will involve the
Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify.' to the
Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (I)BE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Departmem that disadvantaged business enterprises as defined in
49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the perrbrmance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of ~-9 CFR Part 23,
as amended, apply to this Agreement.
12,32 DBE Obligation: The Agency and its contractors a~ee to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR. Part 23, as amended, have the maximum oppormmty to participate in the
performance of contracts and ~is Agreement. In ~s regard, all recipients, and contractors shall take all necessary
and reasonable saps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged Business
Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their
contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of
Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employ~ or applicant for employment because of race, age, creed, color, sex or national orion. The
Agency will take affirmative action ro erasure that applicants are employed, and that employees are treated during employment,
w~thout regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the
~tlowing: Employment upgrading, demotion, or a-ansfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for mining, including apprent/cesh/p. The Agency shall insert the
foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the
development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall
require all such contractors to insert a similar provision in all subcontracts, except subcontracts for ,,xandard commercial
supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or
similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project
work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause.
13.20 Title VI - Gvil Rights Act of 1964: Execution of tiffs Joint Participation Agreement constitutes a ce.--rification
that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252),
',he R.e~lations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant
thereto.
13.30 Title VIII - Cl.,vii Rights Act of 1968: Excretion of ri:is Joim Participation Ag, reement constitutes a certification
~aar dee A~ncy will comply with all the requirements imposed by Tide VIlI of the Civil Rights Act of I968, 42 VSC 3601,et
se(:., which among other thin~, prohibits discrimination in housing on the basis of race, color, national orisn, reti~on, sex,
disabiliry and. familial status.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation A~eement constitutes
a certification that the Agency will comply with all the requirements imposed by the ADA, the rewalarions of the federal
government issued thereunder, and the assurance by the Agency pursuant thereto.
ohibited hate. rests:
)
Neither the Agency nor any of its contractors or their subcontractors shall enter into any
zontract, subcontract, or arrangement in connection with the project or any property inciuded or planned to be included in the
project, in which any member, officer, or employee of the Agency during his tenure or ~br two years thereafter has any
interest, direct or indirect~ If any such present or tbrmer member, officer, or employee involuntarily acquires or had acquired
prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed ro the Agency, the Agency
· ,vith prior approval of the Deparmaent, may ~ive the prohibition contained in this subsection: Provided, that any such present
member, officer or empioyee shall not participate in any action by the Agency relating to such contract, subcontract, or
arrangement. The Agency shall inser~ in all contracts entered into in connection with the project or any propervy included or
planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, ~he tbllowing
provision:
"No member, officer, or employ~ of the Agency during his tenure or for two years thereafter shall have any interest,
direct or indirect, in this contract or the proceeds thereofi"
The provisions of this subsecSon shall not be applicable to any agreement between the Agency and its fiscal depositories, or
to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
i 13.60 Interest of Members of, or Delegates to, Congress: No member or deie~te to 'dae Congress of the United
c, rates shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 ,.Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project w/il be earned out in conformance with all applicable environmental r%malations including the securing
of any applicable permits. The Agency will be solely responsible for any liability in the event of son-compliance with
applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department tbr
any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to
any party other than the Agency.
14..30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment
~o the Agency consutute or be construed as a waiver by the Department of any breach of covenant or any default which may
men exist, on the part of the Agency, and the making of such payment by the Deparcrnent while any such breach or de~uit shall
exist shall in no way knpalr or prejudice arq ri~t or remedy available to the Department with respect ro such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held
invalid, the reminder of this Agreement shall not be affected. In such an instance the remainder would then continue to
:onform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that ithas not paid and,
~gr. ees not ~o pay, any bonus or commission for the purpose of obtaining an approval of its application tbr the financing
Xereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance
'%h any provision thereof, perform may other act or do any other thing in contravention of any applicable State [aw: Provided,
mat if any of [he provisions of the Agreement violate any applicable State law, the Agency will ar once notify the Deparmaenr
24 writing in order a-mt appropriate c:~anges and modifications may be made by the Department and the Agency to the end that
'he Agency may proceed as soon as possible with the project.
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and
~.quipment will be used by the Agency :o provide or support public transvortation for the period of the use.rial [ifc of such
~c/tities and equipment as de,ermined in accordance with general accounting principles and approved by the Department. The
Agency thrth,,, agrees to maintain the project ~c,.'tities and equipment in good working order for the useful life of
or equipment.
FORM
PUBLIC TI~.AI'q,SP ADMIN
14.71 Property Records: The Agency agrees ~o maintain property records, conduct physical inventories and
develop control systems as required by ~t9 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If ~e Agency disposes of any project facility or equipment
during its usefix[ life for any purpose except its replacement with like facility or equipment for public transportation use,
A~ncy will comply with the terms of q-9 CFR Part 18 relating to property management standards. The Agency agrees to remit
to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional
amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in ~s
Agreement.
14:90 Contraclual lnderrmi~: To the extem permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents or employees from all suits, actions, claims, demands, liability of any
rmmre whatsoever arising out of, bemuse of, or due to breach of the Agreement by the Agency or irs subcontractors, agents
or employees or due to any negligent act, or occurrence of omission or commission of the A~ncy, its subcontractors, agents
or employees. Neither the Agency nor any of its agents will be liable under this section for damages arising out of injury or
damage to persons or property directly mused or resulting from the negligence of the Department or any of its officers, agenrq
or employ~.s. The parries agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes
or any similar provision of law.
Contractor's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate and
associate w/th the Department in the defense and trial of any damage claim stat and any related settlement negotiations, shall
~e triggered by the Department's notice of claim for indemnification to Contra t .......
· . c or. Contractor s mabdio/to evaluate hab~hty
or ~m evaluation of liabiliry shall not excuse Contractor's duo/ro defend and indemnify within seven days at:ter such notice by
the Department is ~ven by re~stered mail. Only and adjudication or judgment after ~ighest appeal is exhausted specifically
~ding the Department solely he,gent shall excuse performance of this provision by Contractor. Contractor shall pay all costs
and fees related to ~ obligation and its enforcement by the Department. Depara~ent' s failure to notify Contractor of a claim
shall not release Contractor of the above duo/to defend.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the
consumcring and equipping of facilities, the A~ncy shall submit to the Department for approval all appropriate plans and
.specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written
approval with any approved pomons of the project and comments or recommendations concerning any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Deparanent's satisfaction,
Deparanent will issue to the Agency wrinen approval with said remainder of the project. Failure to obtain this written approval
shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
Lnvoice, that the project was completext in accordance with applicable plans and specifications, is in place on the Agency facility,
that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's pedormance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Le~slamre.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of 525,000 and has a term for a period of
more than one year, the provisions of Chapter 339.135(6)(a), Florida Statures, are hereby incorporated:
"(a) The Department, during any fiscal year, shall mt expend money, incur any [iabiii~, or enter into
any conn"act which, by its terms involves the expenditure of money in excess of the amounts budgeted as
r expenditure during such fiscal year. Any contract, verbal or written, made in violation of
FORM
this subsection is aull and void, and no money may be paid on such conu'~ct. The Deparunent shall
reqnire a statement from the comptroller of the Deparrrnen~ that funds are available prior to entering into
any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
malting of contracts for periods exceeding i year, but any contract so made shall be executory only tbr
the value of the services ~o be rendered or a~eed co be paid for in mcceeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracm of the Department which are for an amount in
excess of 25,012)0 dollars and which have a term for a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
~ q~,-~ternh~ ~0_1997 if the Agency does not complete the project within this ~me period, this Agreement
~ ax-Dire unless an extension of the ~me period is requested by the Agency and granted in writing by the District Secretary,
District ~m,r Expiration of riffs Agreement will be considered termination of the project and me
trocedure established in para,pr 9.00 of this Agreement shall be inltiared.
Ig.10 Final Invoice: The Agency mu.st submit the fiml invoice on ~s project to the Depatu~ent within 120 days after
leexpiration of th/s Agreement. Invoices submitted after the 120 day ~ime period will eot be
paid.
19.110 Agreement Formal: All words used herein in the singular form shall extend to and include the plural. All
l ords used in the plural form shall ~d to and include the sin=tatar. ,~I words used in any gender shall extend to and include
1 genders.
i 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
mh of which so executed shall be deemed to be an ori~nal, and such counterparts together shall constitute one in the same
>mu-ument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees rtmt no federal appropriated fi.rods have been paid or will be paid by or on behalf
Agency, to any person tbr influencing or attempting ~o intluence any officer or employee of any federal agency, a
tuber of Congress, an officer or emnloyee of Congress, or an employee of a Member of Congress in connection with the
a,oerdingof an~yofederal contract, me making of any federal .q-am, the making of any federal loan, the entering into of any
retire ag, ferment, ~d the extension, continuation, renewal, amendment or modification of any federal contract, grant,
or cooperative a~e,.ment.
ImY funds other than federal appropriated fimds have been paid by the Agency to any person for influencing or attempting
(mluence an officer or employ~ of any t~deral agency, a Member of Congress, an officer or employee of Congress, or an
,;~m.~ioyee of a Member of Co ,,~n~. in connection with tiffs Joint Participation Agreement, the undersig'ned shall complete and
larmt Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions.
Agency shall require that the lan=m~age of ~s section be inciuded in the award documents for all subawards at all tiers
Cuding subcontracts, subgrams, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall
ufy and ~sctose accordingly.
21.20 State: No funds received pursuant to this contract may be expended tbr lobbying the Le~stamre or a state
ency.
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services ro
~,2aru-nenr should be aware of the following ~me frames: Upon receipt, the Department has five (5) wor-ldng days to inspect
~pprove the goods and se,-wices unless the bid ~ecifications, purchase order or contract specifies otherwise. The
Imrtrnent ,has 20 days to deliver a re,est for payment (voucher) to :he Department of Banking and Finance. /he 20 days
measured from use [a~r of the dare the invoice is received or the goods or services are received, inspected anda~
FORM 7-5..03O-O6
PUBI,.JC "FR.Ah'.Sp ADMIN - b~J/9~
If a payment is eot available within 40 days after receipt of the invoic~ and receipt, inspection and approval of goods and
services, a separate interest penalty, in accordance with Section 215.22(3)(b) will be due and payable, in addition to the invoice
amount to the Agency. The interest penalty provision applies after a 35 day ~ime period rd health care providers, as defined
by rule. Interest penalties ofless than one (1) dollar will not be enr'orced unless the Agency requests payment. Invoices which
have to be returned to an Agency because of vendor preparation errors will reSUlt in a delay in the payment. The invoice
payment requirements do not start until a properly completed !nvoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The dudes of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (904.).488-2924 or by 'calling the State Comptroller's i-Iodine, 1-800-
848-3792.
I WPI NO. ..
JOB NO. ,q18C103-I ROO .....
Contract No. '/4L >D o ~__ C
Agre.ment Da~
i ~N TNESS ~E~OF, Se pardes hereto have ca~ed ~ese presen~ be ~xecu~d, ~e ~y and year firs~ above walden.
i AGz-~CY: ~e C1~ ~ Seb~,~ ~ver Co,w, DA~ ~NDING ~PRO~ BY COMPTRO~ER
a Mumacipal Co~ora2on (SEE A~AC~D ENC~~NCE FO~)
I~: ~vor ,/' : · ' '/ '- .." ""
": ..... awo *: ......
Ci~ C~erk
O
WPI NO. 4825310
IOB NO. 88000-3890
CONTRACT NO.~;4~J c' .~, e
E,X2{IBIT "A"
PROgECT DESCRIPTION :~uND RESPONSIBILITIES
This exhibit forms an integral part of that cer~n Ioint Participation Agreement be."~veen
the S ate of Florida, Department of Transportation and _The City Of Sebastian, Indian River
County, a Municipal CoLporation
dated 0CT 2 0 i~
PROJECT LOCATION: Sebastian Municipal
PROJECT DESCRIPTION: RW !/22 Reconstruction/Overlay
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) reqmred m paragraph 7.60 of the Agreement shall include a schedule of project
assistance that will reflect the Deparunent's contract number, W-P! number and Job number and
the Federal Identification aumber, where applicable, and the amount of state funding action
(receipt and disbursement of funds) and any federal or local funding action a.nd the funding action
from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
lunc t995
wPr NO. 482.5310
/OB NO. 88000-3890
CONTRACT NO. ~J-;'~
F_,XI-IlB IT "B"
PROJECT BUDGET
Th.is exhibit forms art integral parr of that cerm/n Joint Participation Agreement between
the State of Florida. Dep~rtment of Transportation and _The City Of Sebastian, Indian River
County, a Municipal Corporation
I. PROJECT COST:
$52S,000
TOTAL PROJECT COST:
PARTICIPATION:
Maximum F~deral Participation
FI'A, FAA
Agency Participation
In-Kind
Cash
Other
(o%)
( %)
( to %)
( %)
Maximum Department P~urticipation,
P~mary
(DS)(DDR)(DEM)(PORT)
Federal Reimbursable (DU)(FRA)(DFTA)
Local Reimbursable (DL)
( 90 %) or
( %) or
( %) or
TOTAL PROJECT COST
5528,000
or $ -0-
53,000
$475,000
$528,000
[995
W'PI NO. ~2 ~ o ....
lOB NO. ~o-'~o~
EXI-IIBIT "C"
(GFaWERAL)
This exhibit forms an inte$--al part of that certain foint Participation Agreement between the State
ofFIorida, Depm-tment of Tranxpormtion and Th~ City Of ~qeba~r~n. R~vm- Cm, m~.a Munic~?l
Documents required to be submit'ted to the Dep~-tment by the Agency in accordance with the
terms of this Contract.
Consultant Selection Compliance.
Design Submittal **
90%
100%
RA.~TR t:::OR ACC]~PT ANC~
Agency Attorney's Cemfication
Department Comment
Department Letter
Construction/Procurement Contracr~ Department Letter
Safety Compliance
Rele. zse of Notice To Proceed
Annual Audit Reporm
Completion per Specifications
a) Depart. merit Review
b) Agency Certification
Department Letter
Agency Certification
Agency Cemfication
Plans, Specifications, Engineenng Reports
(l) set to be sent to: Mr. Irwin L. Oster, P.E.
3,.t00 W Commercial Blvd
Forz Lauderdale, Ft 33309
~. Russ Tagiiareni, P.E.
Office of Aviation, M.S. ~-6
605 S uwannee Street
Tallahassee, Florida 32399-0a50
WPI NO. ~825310
lOB NO. 88000-3890
CONTRACT NO. "
EXIIIBIT "F"
SPECIAL aIRPORT ASSURANCES
This exhibit forms an integral part of that certain/oint Participation A~eement between
the State of Honda, Department of Transportation and _The City Of Sebastian, Indian River
County, a Municipal Co~oration
dated OC'[ 7_ ~ 'k~5
I. G~NERAL
These assurances shall be complied with in the performance of master planning,
land acquisition, economic development or capital improvement proj~us which
contain Nfl federal funds.
Upon acceptance of [his Yoint Participation Agreement by the sponsor, these
assurances are incorporated in and become a part thereof.
DURATION
The terms, conditions and assurances of the =~;ant agreement shall remain in full force and
eff~: throughout the useful life of the facilities developed or equipment acquired tbr any airport
dev~opment project, but in any event not to exceed twenty (20) years from the date of acceptance
of a grant agreement uriliring state funds for the project. However, there shall be no limit on the
duration of the assurances with respect to real property acquired with project funds.
III. SPONSOR CERTIFICATION
The sponsor hereby assures and certifies, with respect to this grant:
It has sufficient funds available tbr [hat portion of the project costs sot paid for by the
State. it has sufficient funds available to assure operation and maintenance of items it will
own or control funded under the grant agreement.
June i995
It holds good tide, mr/sfactory to the Department, to the landing arm of the a/room or site
[hereof, or will give assurance satisfactory to the Department, that good ti'de will be
acquired.
If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or a_n employee of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained
in accordance with the Federal Airport and Airway Improvement Act of 1982, or
successive legislation; the regulations and the ~wns, conditions and assurances in the grant
agreement; and shall ensure that such arrangement also requires compliance therewith.
It will adequately clear and protect the aerial approaches to the airport by removing,
lowering, relocating, marking, or lighting, or othemvise mitigating existing airport hazards
and by preventing [he establishment or creation of brute airport hazards.
It will make im airport available as an airport for public use on fair and reasonable terms.
It will permit no exclusive rights for the use of the airport by any persons providing, or
intending to provide aeronautical services to the public.
'All revenues generated by the airport will be expended by it for the capirml or operating
costs of the airport, the local airport system, or other local fac-ilities owned or operated by
the owner or ope. rotor of the airport and directly related to the actual aerial ~ransportarion
of passengers or property.
Once accomplished, it 'will key up-to-date a minimum of an Airport Layout Plan of the
airport showing (1) boundaries of the airport amd afl proposed additions thereto, together
wi~ the boundaries of afl offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto; (2) [he location and nature of afl ex/sting and
proposed airport facilities and structures (such as runways, mxiways, aprons, te.nn/nal
buildings, hangars and roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of afl existing improvements thereon.
·
[ City of Sebastian
122.5 MAIN STRE~ 7.: SEBASTIAN, FLORIDA 32958
TELEPHONE (4.07)388-8200 -' FAX (407)589-..5570
Subject: Resolution R-96-36 Agenda No. q~'- C' ¢/
Approved for Submittal by:
City Manager ~aJ
Dept. Orig/n: City Manager
Date Submitted: April 29, 1996
For Agenda of: May 8, 1996
Exhibits: a) Resolution R-96-36
b) Option Agreement for
Sale and Purchase
c) Inter-local Agreement
Expenditure
Required: None
Amount
Budgeted: N/A
Additional Appropriation
Required: None
SUMMARY STATEMENT
The attached option tbr sale and purchase is for the proposed acquisition of the 56 previously
identified scrub jay lots. The Indian River Board of County Commissioners has previously
agreed to forward these propemes to public heating with the intent to purchase using both
County funds and funds from the Florida Community Trust. This is the terms spelled out
pursuant to the inter-local agreement, and Sebastian will provide pertinent police protection to
the lots. In essence, l~ndian River County will provide 50% of the purchase thnds and the Florida
Community Trust will provide the other 50%.
Pursuant to the option, the Florida Commumties Trust, Indian River County, and the City of
Sebastian are purchasers with the Honda Commtmities Trust being the purchasing agency.
Atlantic Gulf Communities is the seller.
?dECOMMENDED ACTION
Adopt the resolution authorizing the mayor to execute the option tbr sale and purchase of the 56
scrub jay lots.
RESOLUTION NO. R-96-36
A RESOLUTION OF THE CITY OF SEBASTL4aN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST, ON BEHALF OF TI~ CITY, AN
AGREEMENT AMONG ATLANTIC GULF COMMUNITIES
CORPORATION, FLORIDA COMMUNITIES TRUST, TEIE CITY OF
SEBASTIAN, AND INDIAN RIVER COUNTY, THAT AGREEMENT
BEING AN OPTION AGREEMENT FOR SALE AND PURCEIASE OF
REAL PROPERTY IN SEBASTIAN HIGHLANDS UNiT 17;
PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVEDING FOR SEVERAB1LiTY; AND PROVEDING
FOR AN EFFECTIVE DATE.
WHEREAS, on May 24, 1996, the City Council approved a Conceptual Approval
Agreement and Confidentiality Agreement with Florida Communities Trust ("FCT"), a
nonregulatory agency within the State of Florida Department of Community Affairs and
Indian River County (the "County") for land acquisition funds from the Preservation 2000
Trust Fund with the stipulation that the City and the County enter into an lnterlocal
Agreement delineating the responsibilities of the City and the County within 120 days or the
Agreement as amended is null and void; and
WHEREAS, on September 13, 1995, the City Council of the City of Sebastian.
Florida, adopted Resolution No. R-95-53, authorizing the Mayor to sign and the City Clerk
to attest an lnterlocal Agreement w/th Indian River County for the Sebastian Highlands Scrub
Project, this same Agreement having been approved by the Board of County Commissioners
for Indian River County on October 3, 1995; and
WHEREAS, the proposed Option Agreement for Sale and Purchase is for the
acqmsition of 56 scmb jay lots in Sebastian Highlands Unit 17 with funding to be provided
by Florida Communities Trust and Indian Pdver County.
NOW, TI:[EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TI:IE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR[DA, that:
Section 1. AGREEMENT. The Mayor of the City of Sebastian, Indian River
County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the
City, the Option Agreement for Sale and Purchase, the proposed Agreement having been
attached to tiffs Resolution as Exhibit "A" and by this reference is incorporated here/n.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3. 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.
Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.
2
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 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
ATTEST:
1996.
CiTY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
day of
Kathryn M. O'Halloram CMC/AAE
City Clerk
(seal)
Approved as to Form and Content:
Cli~on A. McClelland, Jr.
City Attorney
Project : SEBASTIAN SCRb~B
Proj ecu~: 94-032-P4A
Lots: AGC
Con~ract ~:
OPTION AGREEMENT FOR SALE AND PURCHASE
~qIS AGReEmENT is made this /.~ ~ '"')
day of /~,,~z''D~' , !9,,~
between ATLANTIC GULF coMMIINITIES CORPO~TION, a Delaware Co.ora=ion, whos~
ad~ss is 2601 S. Bayshore Drive, Miami, Florida 33!33-5460, as "Seller',, and
che FLORIDA COMITIES TRUST, a nonre~laco~/ agency w~=hin the Department of
Cockily ~fairs, ("Ac~iring Agency") whose address is 2740 Cen=e~iew Drive,
Ta!lahassee, Florida 32399, and the CI~ OF SEB~TI~, a m~icipality wichin
Indi~ River Co~uy, SCace of Florida ("~cai Gove~menc"), whose ad, ess is 1225
Main Street, Sebas~i~, Florida 32958 and i~I~ R!~R CO~, a 9oliCicai
s~divlsion in the SCaCe of Florida whose address is 1840 25~h Straec, Veto
Beach, Florida 32960 (col!ec=ive!y referred co as "Local Gove~ment").
Ac~iring Agency ~d Local Gove~ment will be col!ec~ively referred to as
"Purchaser".
i. G~T OF OPTION. Seller hereby grants uo Purchaser the exclusive option
uo purc~hase =he real proper~y located in Indian River County, Florida, described
in Exhibit "A", ~ogether wi=h al! improvements, easements and appurtenances
("Proper~y"), ~ accordance with =he provisions of ~his Agreement. This
Agreemen~ becomes legally binding upon execution by the Dar~ies bu~ exercise of
=he option is subjec: to approval by Purchaser and is effective only if Acquiring
Agency and Local Government give wriunen notice of exercise to Seller.
2. ° ~ N~. The option payment is $100.00 ("Option Payment"). The
Option Payment, in =he form of a state warrant, will be forwarded to Seller upon
~ i~~ i%-s receip= by Acquiring Agency from =he Comptroller of ~he S=ate of Florida ~ot
.~,~c~, .............. _ ~ ~ -=~-'=~ 3~, ir3~. The option may be exercised durin= the
period
,.~ beginning w_~h ~'ae Purchaser's approval of this Agreemenu and ~he Acquiring
Agency's governing body granting project olan approval in accordance wi~-h Rule
9K-4.01!, Florida Admi~is~ra=ive Code, and' ending on ~=~h~. ~ ~ ~ ~--'~"OD~~ on
3_ .A. TQTAL PL?.Cie~SE PRICE. The =oual purchase price ("Total Purchase Price")~1
rot the Property is TWO HiTNDRED TW~--~VI"£ FILE' THOUSA/TD AND NO/!00 Dollars
I (S225,000.00) which, after reducnion by .'he amoun= of :he ODtion will
Payment,
be paid by Acquiring Agency and Local Gove.~nmenz at closing -,~ Seller or Seller's
desi_cnaued age_n= who meets =he re.cuireme_n=s of Section 253.025, Florida S~azutes,
in ~he manner set forth herein. The To~a! Purchase Price shall be paid ~o Seller
I as follows: Acquiring Agency shall pay the lesser of $112,500.00 or 50% of the
final adjusted To~a! Purchase Price for the Proper~y as de~ermined in accordance "
wi~h paragraph 3.B. ("Acquiring Agency's Purchase Price"), which after reduction
by Acquiring Agency of the Option Payment, will be paid ~o Seller by s~ate
I warran~ at closing; and Local Government shall ~he ~esser of $112,500.00
pay
or
50% of =he f~--ua! adjusted Total ~urc_hase Price for ~he Prouer~v as determined in
accordance with paragraph 3.B. ("Local Gova=nment's Pur~has~ Price"), will be
paid to Seller by Local Government check a~ closing. ~he. Total Purchase Price
I Is subjec~ to adjustment ~ accordance wi~h paragraph 3. The determination of
~he final To,al Putt.base Price can only be made after the completion and approve!
of ~he survey required in paragraph 5. This Agreement is con~inge.~ upon
approval of Total Purchase Price, Acquiring Agency's Purchase Price, and Local
I Gove_~nment's Purchase Price by Purchaser and confirmation that the To,al
upon
Port.base Price is no~ L~ excess of the final maximum approved purchase price of
February 16, 1996
94-032-P4A
AGC
Page I
Zhe Property as de~e-~mined in accordance with Rule 9K-6. 007,
Administrative Code ("Ma.ximum Approved Purchase Price") .
Florida
This Agreement is also contingent upon Local Government's Purchase Price being
available at closing and upon Local Government giving w~itzen notice to Acquiring
Agency prior to the exercise of :he option, tha~ Local Government funds in the
amount of Local Government's Purchase Price are available uo close in accordance
with this Agreement. If such notification is not accomplished, Ac_=uiring Agency
may in i~s sole discretion declare Zhis Agreement void and of no further force
and effect as of ~ha~ date. Local Government's Purchase Price is the sole
responsibility of Local Government, and Seller s.kall have no recourse whatsoever,
at law or equity, against Acquiring Agency or the Proper~y, as a result of any
matter arising au any time whether before or after fee simple title is conveyed
to Local Government, relating to Local Government's Purchase Price, nor shall
Acquiring Agency. have any obligation under this Agreemen~ ~o provide any portion
of Local Gove.~unen~'s Purchase Price. Acquiring Agency's Purchase Price is the
sole responsibi!i~y of Acquiring Agency and Seller shall have no recourse
whatsoever, a~ law or equity, agains~ Local Government or ~he Proper~y, as a
result of any mat~er arising a~ any ~ime whether before or after fee simple title
is conveyed to Local Gove_~ument, relating ~o Acquiring Agency's Purchase Price,
nor shall Local Government have any obligation under Zhis Agreemen~ to provide
any portion of Acquiring Agency's Purchase Price. Should Local Government's
Purchase Price or Acquiring Agency's Purchase Price not be available for any
reason, Purchaser or Seller may elec~ to ~erminaue this Agreement by written
no~ice ~o the parties without liability ~o any par~y, in no event shall Seller
be obligated to close ~his transaction unless and until ~he to,al Purchase Price
is delivered.
Acquiring Agency and Local Goverament agree r_ha~ '=he Local Government shall take
fee simple title to al! of ~he Property at the closing no~withstanding that
Acquiring Agency and Local Government are required to pay all of ~he Total
Purchase Price in the manner set forth in this A~reemen~ Conveyance of the
Proper~y in fee simple from Seller to Local Governmen~ will take place a~ the
closing, in exchange for ~he payments ~o be made by Acquiring Agency and Local
Government to Seller a~ closing as set forth above in this paragraph 3.A.
3.B. ADd-J$~ OF TOTAL .:IIR~LASE RR!CM. If, prior to closing, Acquiring Agency.
de~ermines ~hat the Total Purchase Price s~ated in paragraph 3.~. exceeds the
final Maximum Approved Purchase Price of ~he Proper~y, ~he ToGa! Purchase Price
will be reduced to the final Maximum Approved Purchase Price of ~he Proper~y.
Upon determinacion of ",he final adjusted To,al Purchase Price, Acquiring Agency's
Purchase Price and Local Government's Purchase Price wi!! be de~ermined and
adjusted in accordance wi~h paragraph 3.A. If the final adjusted Total Purchase
Price is less than 90% of the Total Purchase Price stated in paragraph
because of a reduccion in the Approved Value of the Proper~y, Seller shall, in
his sole discretion, have the righ~ to te.~nina~e ~.kis Agreement and neither par~y
shall have any fur=her obligations under this Agreement. If Seller elects
terminate '~his Agreement, Seller shall provide writ=et notice =o Acquiring Agency
and Local Government of his e!ec~ion to te_~nina~e this Agreement within !0 days
after seller's receipt of written no~ice from Acquiring Agency of ~he final
adjusted Total purchase Price. In =he event Seller fails to give Acquiring
Agency and Local Gove_.~nmen= a written notice of ~ermina~ion within the aforesaid
time period from receipt of Acquiring Agency's writ=et notice, then Seller shall
be deemed to have waived any right ~o terminate this Agreement based upon a
reduction in the Total Purchase Price s~a~ed in paragraph 3.A.
4.A. ENVIRONMENTAL SITE ASSESSMENT... Purchaser, prior to the exercise of the
option and at its sole cost and expense, shall conduct an environmenua! si~e
assessment of ~he Property to de~ermine the existence and extent, if any, of any
Februa.--y 16, 1996
94-032-P4A
AGC
Page 2
Hazardous Maueria!s cn the Property. For purposes of ~his Agreement "Hazardous
Materials" shall mean ~ny hazardous or toxic subs:ance, material or waste of any
kind or any other substance which is regulated by any Environmental Law (as
hereinafter defined in paragraph 4.B.) .
4.B. i~AZSLRDOUS MATE-RIALS. In the event ~hat the environmental site assessmen~
provided for in paragraph 4.A. confirms the presence of Hazardous Mauerlals on
=he ProperTy, Purchaser, au its sole option, may elect ~o terminate this
Agreement and neither party shall have any further obligations under ~his
Agreement. Should Purchaser elect not to ~erminate this Agreement, Seller shall,
aU his sole cost and expense and prior uo ~ke exercise of the option and closing,
promptly commence and diligently pursue any assessment, clean up and monitoring
of the Prope!-~y necessa_~-y to bring the Property into full compliance with any and
all aD~!icabie federal, state or local laws, statutes, ordinances, rules,
regu!~ions or other gove_~-nmenZa! res=fictions regulating, relating to, or//~/
imposing !iabi!icy or standards of conduct concerning Hazardous Materia!~
("Environmental Law"). However, should ~he estimated cost of clean up of<
Hazardous Materials exceed a sum which is equal ~o ~ ~he T~ta£ Pur~nase
Price as stated in paragraph 3.A., Seller may elect ~o ~erminate this Agreemen~
and no party shall have any further obligations under ~his Agreement. In the
event ~hau Hazardous Materials placed on the Property prior co closing are
discovered after closing, Seller shall remain obligated hereunder, with such
obligation ~o su~;ive ~he closing and delivery and recording of the deed
described in paragraph 8. of ~his Agreement and Purchaser's possession of =he
Property, to di!igen~Iy pursue and accomplish tine clean up of Hazardous MaZeriais
in a manner consisten~ wi~h all applicable Environmental Laws and at Seller's
sole cost and expense.
=~ur~her, in ~he event ~hat neither par~y elects to terminate this Agreement as
provided above, Seller shall indemnify and save harmless and defend Purchaser,
its officers, ser%~ants, age=us and employees from and against any and all claims,
suits, actions, damages, liabilities, expenditures or causes of action of
whatsoever kind arising from Hazardous Materials placed on the Property prior to
closing whether the Hazardous Materials are discovered prior to or after closing.
Seller shall defend, aU his sole cos= and expense, any legal ac=ion, claim or
proceedLng instituted by any person against Purchaser as a resul= of a~.y claim,
suit, or cause of action for injuries ~o body, life, limb or oro~erty for which
Hazardous Materials placed on ~he 9roper~y prior ~o closing a~e ~!!eged =o be a
contributing legal cause. Seller shall save 9urc.%aser harmless from and against
all judgments, orders, decrees, attorney's fees, costs, expenses and !iabiliZies
in and about any such claim, suit, investigation or defense thereof, which may
be en~ared, incurred or assessed as a result of The foregoing.
5. S~VTY. Purci~aser may have ~he Property su~;eyed at its expense. If. the
su~;ey ("Survey"), certified by professional land surveyor licensed by The Stare
of Florida, shows any encroachment on the Prope_~ay or that improvements intended
to be loca~ed on ~he Property encroach on ~he land cf others, the same shall be
treated as a ~it!e defect.
6. TITLE INSURANCe. Seller shall, at his sole cost and expense and at least
35 days prior ~o the Opt!on -Incp_ira=ion Date, furnish =o Purchaser a marketable
ti~!e insurance commitment, to be followed by an owner's marketable title
Lnsurance poli_~y (ALTA Form "B") from a ti~!e insurance company, approved by =he
Acquiring Agency, insuring marketable title of Local Government to ~he Proper~y
in the amoun~ of ~he To=al Putt.base Price. Seller shall require that the title
insurer de!ene ~he standard exceptions of such policy referring To: (a) all
taxes, (b) unrecorded rights or claims of parties in possession, (c) survey
matters, (d) unrecorded easemen=s or claims of easements, and {e) unrecorded
mechanics' liens. Notwithstanding any ocher provision herein to the contrary/,
Februa.~y 16, 1996
94-032-P4A
AGC
Page 3
Seller will only be ob!iga~ed to require uka~ ~he ui=le insurer deleue the
standard exceptions for su~-vey matters and u~-recorded easements and claims of
easements if Purchaser provides a Su_~vey of the Proper~y which mee~s the
re.c[uirements of 627.7842(i) (a), Florida Statutes.
7. DEFECTS IN TITLE. if the 5it!e insuranc~ commitment or su-~-vey furnished
to Purc.%aser ~ursuant to this Agreement discloses any defects in title which are
not acceptable to Purchaser, Seller shall, wi=kin 90 days after notice from
Purchaser, remove said defects in title. Seller agrees to use diligent effort
to correct the defects in title within the time provided therefor; however Seller
shall not be obligated to bring suit or to e~end any sums of money to cure said
defects. If Seller is unsuccessful or non required hereunder to remove T_he ~iu!e
defects within said time or if Seller fails to make a diligent effort to correct
the title defects, Purchaser shall have the option to either: (a) accept the
title as it then is with a reduction in the Total Purchase Price by an amount
de~ermined by Acquiring Agency. and acceptable to Seller, (b) accept the title as
it then is with no reduction in the Total Purchase Price, (c) ex~end the amount
of time that Seller has to cure the defects in title, or (d) terminate ~his
Agreement, thereupon releasing Purchaser and Seller from all further obligations
under this Agreement.
8. INTEREST CONV~VED. AZ closing, Seller shall execute and deliver =o Local
Gove--~nment a statuuory warranty deed in accordance with Sec=ion 689.02, Florida
Statutes, conveying markeEable title to the Properny in fee sidle free and clear
of all liens, reservacions, res~ric=ions, easemen=s, leases, tenancies and other
encunfora~ces, except for those that are accep=able encurabrances in the opinion
of Purchaser and do not impair the marketability of =he title to the Proper=y.
The grantee in Seller's Warranty Deed sb~ll be India~ River County.
9. PREP.~3~TION OF CLOSING DOCUMENTS. Upon execution of Ul~s Agreement, Seller
shall submit to Purchaser a properly completed and executed beneficial interest
affidavit and disclosure statement as required by Sections 286.23, and 380.08(2),
Florida $~atutes. Seller shall prepare ~he deed described in paragraph 8. of
t~kis Agreement, Seller's closing statement and the ~itle, possession and lien
affidavit certified to Pu~rchaser and title insurer in accordance with Section
~27.7842, Florida Statutes, and an environmental affidavit on Acquiring Agency
forms provided by Acquiring Agency. Acquiring Agency shall prepare Purchaser's
closing s~a~ement. Ail prepared documents shall be submitted to Acquiring Agency
for review and approval at least 30 days prior to the Option Expiration Data.
10. ACOUIRING AGENCY_ R~"~-fEW FOR CLOSING. Acquiring Agency will approve or
reject each i~em required ~o be provided by Seller under this Agreemen~ wi=bin
30 days after receipt by Acquiring Agency of all of the required items. Seller
will have 30 days thereafter to cure and resubm/z any rejected item to Acquiring
Agency. in the event Seller fails to timely deliver any item, or Acquiring
Agency rejects ,a~y i~em after delive_~-y, Purchaser may in it~ discretion ex~end
~he Option Expi~ation Date, but not later than~30~/~996.
I!. ~. Seller will pay ~he documentary revenue st~mp tax and all o~her
~axes or costs associated with the conveyance, including the cost of recording
the deed described i~ paragraph 8. of this Agreement and any other recorda.ble
ins=---uments which ACquiring Agency deems necessary to assure good and marketable
title to the Proper=y.
12. TAXES .~ ASSESSMENTS. ~!! real estate taxes ~nd assessments which are or
which may become a lien against the Property shall be satisfied of record by
Seller at closing, in the even~ the Local Government ac_=uires fee title to the
Proper=y between January ! and November !, Seller shall, in accordance with
Sec=ion 196.295, Florida Sta=utes, place in escrow with the county tax collector
an amount equal to -~he curr~nt taxes prorated to ~he date of transfer, based upon
February 16, 1996
94-032-P4A
ACC
Page 4
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the current assessment and millage rates on the Prcper~y. In the event ~he Local
Government ac.~uires fee title ~o the Property on or after November i. Seller
shall pay ~o ~he county ~ax co!!ec~or an amount ecual to the taxes thac are
de~ermined to be legally due and payable by the county tax collector.
13. CLOSING PLACE ~ND DAT~. The ciosinq shall be on or before 15 days after
Purchaser exercises the option; provided, however, t.~a~ if a defect exists in the
=iu!e to the Property, ~it!e commitment, Su~ey, environments! audit, or any
ocher documents re.~uired ~o be provided or completed and executed by Seller, =he
closing shall occur either on the original closing date or within 60 days after
receipt of documentation curing the defects, whichever is later. The date, time
se~f~ruhand olace of closing shall be set by Purchaser. No~wi~hs~anding anything
herein
connrary, in no even~ shall ~he closing take place after
the option Expiration
!~. ~SK DF LOSS ~ CO~!TION OF R~ PROPERS. seller assumes all risk of
loss or da~ge ~o ~he Pr~erty prior ~o ~e ~e of c!o~ing ~d watt,ts =~z the
Property shall be ~ransferred ~d conveyed =o ~he Local $ove~enu in ~he same
or essentially ~he same condition as of =he ~Ze of Seller's execution of this
Agreemenn, ord~a~ we~ ~d =ear ~cep~ed. Howe~r, in =he even~ the condition
of ~he Proper~y is altered by an ac~ of God or other natural force beyond the
control of Seller, Purchaser ~y elec=, au its sola option, ~o ~e~inaZe ~his
Agreemen~ and neither par~y shall have ~y further obligations ~der =his
Agreement. Seller represents and warrens =ha~ there are no parties ocher uh~
Seller ~ oc~p~ or possession of ~y p~ of ~e Property. Seller agrees ~o
clean up and remove all ~andoned personal ~roperty, refuse, garbage, j~,
r~bish, ~rash ~d debris from =he Proper~y to the satisfaction of Local
Gove~menZ prior =o ~he ~ercise of =he option by Put--set.
lS. RIGMTTO ENTER PROPERTY_ AND POSSESSION. Seller agrees ~hat from the date
rDais Aqreemen~ is executed by Seller, Purchaser and its agents, upon reasonable
no~ice, shall .have the right to enter ~he Proper~y for all lawful purposes in
corinec~ion with ~he =his Agreement. Wi~h regard to ar.y entry by Purchaser upon
~he Prope~y prior to closing, Purchaser shall be responsible during the term of
~his Agreement for damage or injury to persons or property resulting from
~rc.haser's ~nt---F upon the Property. Purchaser's !iabi!i~y to Seller or ~o ~y
third party shall be subject ~o the !imitations and conditions specified in
Section 768.28, Florida Statutes. Seller shall deliver possession of the
Proper~y to Purchaser at closing.
16. ACCESS. Seller warrants that =here is legal ingress and egress for the
Proper~y over public roads or valid, recorded easements Cha~ benefi~ the
Proper~y.
!7. ~. If Seller defaults under ~his Agreement, Purchaser may waive =he
defaul~ and proceed co closing, seek s~ecific performance, or refuse co close and
elect to receive the recurn of any money paid, each without waiving any action
for damages, or ~ny ocher remedy permitted by law or in ecrui=y resulting from
Seller's default.
18. ~. Seller warrants that no oersons, firms, corporations or other
en~i~ies are entitled to a real estate c~mmission or other fees as a resu!~ of
this Agreemen~ or subsequen~ closing, except as accurately disclosed on the
disclosure s~atement required in paragraph 9. Seller shall indemnify and hold
Purchaser harmless from any and all such claims, whether disclosed or
uundisclosed.
19. ~. This Agreement, or notice of iS, may be recorded by Purchaser
in the appropriate county or counties.
February. !~, 1996
94-032-P4A
AGC
Page 5
20. ~. This Agreement may be assigned by Purchaser, in which event
Purchaser will provide written notice of assignment to Seller. Thls Agreement
may not be ass1~rned by Seller without the orior written consent of Purchaser.
21. TIME. Time is of essence with regard to all dates or times set forth in
this Agreement.
22. ~. In the event any of the provisions of this Agreement are
deemed Co be unenforceable, the enforceability of the remaining provisions of
this Agreement shall not be affected.
23. SUCCESSORS IN iNTEREST. Upon Sel!er's execution of this Agreement,
Seller's, legal re~resenuatives, successors and assig~s will be bound by ic.
Upon Purchaser's approval of Chis Agreement and Purchaser's exercise of the
option, Purchaser and Purchaser's successors and assigns will be bound by
Whenever used, the singular shall include ~he plural and one gender shall include
all genders.
24. ~IP~E AGREE~JSNT. Th-is Agreement contains ~he entire agreement between the
parties pertaining ~o r/~e subject matter contained in it and supersedes all prior
and contemporaneous agreements, represenuations and understandings of the
parties. No supplement, modification or amendment to this Agreement shall be
binding unless executed in wriCing by the parties.
25. WAIVER. Failure of Purchaser or Seller to Lnsist upon strict performance
of any covenant or condition of this Agreemenn, or ~o exercise any right herein
contained, shall nou be consnrued as a waiver or relinquishment for the future
of any such covenant, condition or right; but the same sklal! remain Ln full~rce
and effect.
AMENDMENTS. '0
26. ~REE~lQTY~~ T~X~X~X~t~ modification, amendment or
alter~uion 1hereto, shail xidex be effective or binding UPOn any of the par:ies
hereto un:il it has been executed by all of :he par:ies hereto.
27. ~. Any addendum attached hereto ~ha~ is signed by the par~ies shall
be deemed a part of this Agreement.
28. NOTICE-. Whenever either parcy desires or is re~ired to give notice unto
the other, it must be given by wr_ittan notice, and either delivered personally
or mailed ~o the appropriate address indicated on the first page of this
Agreement, or such other address as is designated in writing by a party to this
Agreement.
29. S~VIVAL. The covenants, warranties, representations, indemnities and
undertakings of Seller set forth in this Agreemen~ shall survive ~e closing, the
delivery and recording of the deed described in paragraph 8. of this Agreement
and Local Government's possession of the Property.
T~IS AGREENL52qT iS INITIA/~LY TP, ANSMITT--~JD TO THE SELLER A~ AN OFF~_R. IF THIS
AGREEMENT iS NOT EXECU~ BY ~ SELLER ON OR BEFORE M3%RCiH !0, 1996, THIS OFFER
WILL BE VOID UNLESS TH.E PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT
OFFER. * ~ EXERCISE OF THIS OPTION IS SUBJECT TO: (I) A~PROVAL OF THIS
AGREEMENT, TOTA/~ PURC{ASE PRICE, ACQUIRING AGENCY'S PSPRC~JkSE PRIC~, AND LOCAL
GOVER/qMENT'S PUR~-HASE PRICE BY PUR~{ASER, (2) ACQUIRING AGENCY'S GOVERNING BODY
GPL~NTiNG PROJECT PLJkN APPROVA~ IN ACCORDANC~- WITH RULE 9K-4.01!, FLORIDA
ADMINISTRJkTIV~ CODE, (3) CONFIRMATION THAT THE TOTAL PURCFJkSE PRICE_ IS NOT IN
EXCESS OF ~qE FINAL MJ%XiPUJM AJPPROVED PT3R~UL%SE PRICE OF THE PROPERTY, ~ (4)
ACQUIRING AG~CY A~PROVAL OF ALL DOCLD4E1TTS TO BE .=TIRNISHED HEREUNDER BY
· (insert:) SELLER AGREES/"ISt~T'THIS
Februa~ 16, 1996 AGREEMENT SHALL BE BINDING UPON
9~-032~P4A Pa~e 6
AGC
EXECUTION BY SELLER AND
INDIAN RIVER COUNTY.
i.-.'E ACQUIRING AGENC~f'S P--=RFO~MANCE AND OBLIGATION TO PAY UNDER TH'IS CONTRACT !S
CONTINGENT UPON AN ANArUAL APPROPRIATION BY THE LEGISLATURE.
THIS IS TO BE A LEG~LLY BINDING CONTRACT.
ADVICE OF AN ATTOR/~EY PRIOR TO SIGNING.
IF NOT FULLY UNDERSTOOD, SEEK
SELLER
wi-~ness as to Seller
Wifne~"as =o Seller ':~
ATL~uNTIC GULF COMMUNITIES
CORPOP~ATION, a Delaware Corporation
/
Security NO. or F.E.!.D. No.
Date ~igned by Seller
witness as to Local Governmen~
Witness as to Local Gove_--nment
Approved as to Form and Legality
By:
Da~e:
CITY OF SEBASTIAN
Its:
(Clerk/or Dep~y Cl'er~
(OFFICIAL SEAL)
Da~e szgned by Local Gove.--nmen:
February !6, 1996
94-032-P4A
AGC
Page 7
Approved as to Form and Legality
Witness as to Ac.~uiring Agency
Wiuness as =o Ac.=uir±ng Agency
Approved as to Form and LegaliUy
By:
Date:
Februa.~y 16, 1996
94-032-74A
AGC
/
Page 8
(Clerk or Deputy Clerk of Cou=~)
(OFFICIAL SEAL)
DaUe signed by Local Governmenu,
P~rR~___O%SER
ACQIIIRI/~G AGENCY
FLORIDA CO~SMUNITIES T~UST
By':
James F. Mur!e¥, Chair
Date signed by Acquiring Agency
COUNty OF ~.~_ )
~ '~¢-~'~1 ,~ ~T~~f°re=°in~'- !99~_,inm:rume~:by lZY-~ ]>zwam acknowledgedc. ~---~-I ~--bef°re me ~-his IL day, as°f
~---~---, ~ie~, -~- .... ' of Ar!antic Gulf Commun~_=ies Coroora~ion,
a Delaware corp_orazion, who as personally known to me or who has produced a
driver's license issued wi~hin the !as~ five years as identification.
(NOTARY PUBLIC)
SEAL
Notary Public
(PranCed, Typed or Stamped Name of
Notary Public)
Commission No.:
My Commission Expires:
February. !6, 1996
94-032-P4A
AGC
Page 9
STATE OF )
)
COUNTY OF
The foregoing instrument was acknowledged before me Uhis day of
19 , by as
of the Ci~,y o~ seba'$~ian, Indian River County, on behalf of the Local Govarnmenu.
He is personally known to me.
(NOTARY PUBLIC)
SEAL
Nouary Public
(Printed, Typed or Stamped Name of
Notary
Commission No.:
My Commission Expires:
(NOTARY PUBLIC)
SEAL
(P_inue~;' Typ. e~ or Suamp~d Name
No ~az-y Public)
Commission No. ,', .~, ~...
"," ~' ,',,' .'t '1
February 16, 1996
94-032-P4A
AGC
Page !0
STATE OF FLORIDA )
)
COLrNTY OF LEON )
The foregoing instrumenc was ac~now!edged before me this day of
, 19 , bv James F~ Mur!ev as Chair of the Florida Communities
T,--us~, on behalf of ~-~e A~qui_ing~ Agency.'He is personally known to me.
(NOTARY PUBLIC)
SEAL
Notary Pt~Olic
(Prin~ed, Typed or Stamped Name of
Nota-~y Public)
Commission No.:
My Commission Expires:
Februa.~-y 16, 1996
94-032-P4A
AGC
Page 1!
EXHiBiT "A"
Lecal Descriotion
U.k~T ELOCK LO'i
I7 ~-~
I7 5~
17 566 23
I7 ~1 I0
I7 ~ 16
17 ~ 2
17 ~
I7 5~ 26
17 ~ 5
17 610
17 610
17 ~1
Unit !7, Sebastian Highlands subdivision, further described in Plat Book 8, Page
46 of the Public Records of Indian River County, Florida.
AND ALSO:
February 16, 1996
94-032-P4A
AGC
Page 12
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Unit 17, Sebastian _Highlands subdivision, fur-~her described in Pla= Book 8,, Page
46 of the Public Records of Indian River County, Florida.
February 16, 1996
94-032-P4A
AGC
Page 13
B~N-EF!C!AL INTEREST AND DiSCLOS'JRE AFFIDAVIT
(OTHER)
STATE OF ~;~
COONTY OF
Before me, uhe ~dersi~ed authority, personally appeared ~--~ ~. ~--~-~-~C--
Chis ~y of . , !9~tn, who, first berg duly swo~, deposes and says:
1) T~t ATLANTIC GULF COMMUNITIES CORPORATION, a Delaware Co~ora~ion, whose address
is 2601 S. Bayshore Drive, Miami, Florida 33133-5460 is the record o~er of the
Property. The following is a list of eve~ "person" (as defined in Section 1.01(3),
Florida StaZuues) holding 5% or more of the beneficial interest in the Property:
(if more space is needed, a=ta~ separate shee~)
Name Address In~eres~
2) That ~o Uhe besu of uhe affianu's knowledge, all persons who have a financial
interest in this real as~a=e transaction or who have received or will receive ~
estate commissions, a~o.~nev's or consu!tan~'s fees o~ any ocher fees or o~her
~ incidenu co ~he sale of the Property are:
Name Addre s ~
~.'-., ,.~ ,~ '~ :,,1~', .
Reason for Pavmenu
February. 16, 1996
94-032-P4A
AGC
Page 14
3) That, uo the best of the affian~'s ~uowledge, the following is a u~--ue history of
all financial transactions (including any existing oguion or purchase agreement in
favor of affiant) concerning the Property which have taken place or will take place
during the last five years prior uo ~he conveyance of ~itle ~o Indian River County:
Name and Address T.vpe of Amount of
of Par~ie~ Involved DaZe Transaction ~
This affidavi= is given in compliance with the provisions of Sections 286.23 and
380.08(2), Florida Sta=u~es.
AND FURTHER AFFIANT SAYETH NOT.
AFFIANT
Gui~ Co~iuies Co~orauion, a Delaware co~ora~ on =e s De sona y ~no~ to me
or produced a ~iver', license a 'deneifica~o~ ~ did Cake an oa~h.
N~y ~C ~A~ OF ~ORIDAI ~ ~ ~ ~ ~- ~1 ~ ~
CO~t~IONNO, CC~21181 j (~r~=ed~ ~ed or S=amged Name
~Y COff~l~lON ~p. NOV. 16,1~ J
Co~ssion No.:
FLORIDA COMMUNITIES TRUST
A~PROVED AS TO FORM AND LEGALITY.
By:
Ann Wild, T.--us= Counsel
Da=e:
Februa_~F i~, 1996
94-032-P4A
AGC
My Commission Expires:
Page 15
(CORPORATE/NON-FLORIDA)
A. AC the same time :.hat Seller submits the closing documents re~uired by paragraph
9. of ti~is Agr-eem~nt, Seller shall also submit '~/~e following to the Accfuiring Agency:
!. An a~propriate certificate reflecting that Seller is authorized to sell the
Property to Purchaser in accordance with the provisions of this Agreement and
wb_tch meets the requiremen~ of the title insurer and a certificate of incumbency,
2. Certificates of good standing from the Secretary of State of the State of
Florida and the Secretary of S~ate of the Stare of Delaware, and
3. Copy of proposed opinion of counsel as required by paragraph B. below.
As a material inducemen~ to Purchaser entering in~o this Agreement and tO
consummate the transaction contemplated herein, Seller covenants, represents and
warrants ~o Purchaser as follows:
i. The execution of this Agreement and the performance by i~ of the various
te,--ms and conditions hereof, including, without limitation, =he execution of
ail agreements, notices and o~her documents hereunder, have been duly
authorized by the requisite corporate authority of Seller.
2. Seller is a corpora=ion duly organized, validly existing and in good
standing ~nder the laws of ~he S=ate of Delaware and is duly licensed and in
good standing and qualified to own real proper~y in the S~ate of Florida.
3. This Agreement, when execu=ed and delivered, will be valid and legally
binding upon Seller and enforceable in accordance with its terms and neither
the execution of this Agreemen~ and ~he other instruments to be executed
hereunder by Seller, nor the performance by it of the various te_--m, s and
conditions hereto will violate =he Articles of Incorporation or By-Laws of
Seller.
A~ the closing, Seller shall deliver ~o Purchaser an opinion of in house coutnse! to
~he effect t.ha~ ~he covenants, representations and warranties contained above in this
paragraph B. are =rue and correct as o~ ~he closing date. In rendering the foregoing
opinion, such counsel may rely as ~o fac~ua! matters UPOn certificates or o~her
documents furnished by par~ners, officers, officials and ot~er counsel of Seller, and
upon su=~ other documents and data as such partners, officers, officials and counsel
may deem appropriate.
SELLER
ATLANTIC GULF COMMUNITIES
CORPORATION, a Delaware
corpora~ ~.
_.,
(CORPORAT~ SEAL)
Date Signed by Seller
PURCHASER
LOCAL GOVERNMENT
CITY. OF SEBASTIAN
Februal-f !6, 1996
94-032-P4A
AGC
Page 16
Februa.--y 16, 1996
94-032-P4A
AGC
Page 17
PURCHASER
LOCAL G0VE_~
INDIAN RIVER COUNTY
(Clark or Deputy Clerk of Couru)
(OFFICIAL SEAL)
Data $lgne~ Dy Local Governmen~
PURCHASER
FLORIDA COMMUNITIES TRUST
By:
James F. Murley, Chair
Data Signed by Purchaser