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HomeMy WebLinkAbout10091996 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589*5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 9, 1996 - 6:00 P.M. CITY COUNCIL CItAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA:.-. ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225MAINSTREET, 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-96-53) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) 96.217 1 96.218 3 96.032 5-35 96.003 37-43 PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS Proclamation - National Food Bank Week - October 13-19, 1996 - Walker Smith Accepting on Behalf of Treasure Coast Food Bank Proclamation - Rape and Assault Prevention Week - October 14-21, 1996 - Requested by Robert Reinhalter on Behalf of Rape Awareness & Prevention Organization - International C. Airport Runway 4-22 Reconstruction Project CITY ATTORNEY MATTERS CITY MANAGER MATTERS CONSENT AGENDA Ali 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 - 9/18/96 Special (Budget), 9/25/96 Workshop, 9/25/96 Regular Adopt Resolutiort._No. R-96-77 - Community Development Director Job Description (CiW Mana~r Transmittal 10/3/96. R-96,77. Jola Description) RESOLUTION NO. R-96-77 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF COMMUNITY DEVELOPMENT DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HE~~; AND PROVIDING FOR AN EFFECTIVE DATE. 2 I I I I I i I I I I I I I I I I I I 96.219 I45-50 I I I I 96.029 51-54 I I 96.049 55-65 1 96.215 67-70 96.220 71 96.090 I 73-75 1 I I 1 Adopt Resolution No. R~96-78, City_ Planner II Job Description (City_ Manager Transmittal 10/3/96L R-96-78, Job Description'} i~SOLUTION NO. R-96-78 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTiNG A JOB DESCRIPTION FOR ~ POSITION OF COMMUNITY DEVELOPM]ENT DIRECTOR; PROVIDING FOR iNCLUSION OF SUCH JOB DESCRIPTION iN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDiNG FOR AN EFFECTIVE DATE. Bid Award for Annual Type S-3 Asphalt Resurfacing Contract - Ranger Construction Industries, Inc. and Purchase of Type S-3 Asphalt from Dickerson of Florida, Inc. and MacAsphalt a Division of APAC Florida, Inc. on As-Needed Basis (Public Works Director Transmittal 10/2/96, PW Director Memo 10/1/96,~Bid Summary and Tabulation Sheet) Approve First Amendment to Cost Share Agreement with St. Johns River Water Management District - Riverview Park Shoreline Restoration Project (City Manager Transmittal 10/3/96, SJRWMD Letter 9/18/96 and Memo 9/12/96, Agreement) Formal Approval of November Meeting Schedule - 11/13/96 and 11/20/96 (City Clerk Transmittal 10/3/96) Approve Request from Pelican Island Preservation Society to Use Riverview Park ~ Sunday, March 9, 1997 - 94th Anniversary of Pelican Island National Wildlife Refuge - 9 am to 4 pm - Use of Electricity - Standard Conditions (City Clerk Transmittal 10/1/96, Davies Letter 9/14/96) Amend Approval Date for Use of Riverview Park - Craf~ Club - Change 11/5/96 with 11/6/96 Raindate to 11/2/96 with 11/3/96 Raindate (City Clerk Transmittal 9/24/96, Craf~ Club Letter, Minutes) 96.125 77-81 96.206 83-89 10. PUBLIC HEARING Procedures for public hearings: (R-96-53) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · StaffPresentation · Public Input - Limit of I0 Minutes Per Speaker ° Staff Summation · Mayor Closes Hearing · Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, Podium and State His/Her Name for the Record I~/hen Called go to the Second Reading. Public Hearing and Final Adoption of Ordinance No. O-96-16 - Outdoor Fires (.Ci~ Manager Transmittal 10/3../96. O-96-16) ORDINANCE NO. O-96-16 AN ORDINANCE OF THE CITY COUNCIl. OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 42-48 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "OUTDOOR FIRES", CHANGING THE TITLE OF SECTION 42-48 TO "CONTROL OF OPEN BURNING", PROVIDING FOR OPEN BURNING RESTRICTIONS; PROVIDING FOR EXCEPTIONS AND RESTRICTIONS AGAINST OPEN BURNING; PROVIDING FOR REPEAL OF INCONSISTENT PROViSIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/11/96, Advertised 9/25/96, 2nd Reading, PH and Adoption 10/9/96) Second ReadingPublic Hearing and Final Adoption of Ordinance.No. 0-96-30 - Division of Single Lots (Community. Development Transmittal 10/2/96.0-9.6-30) ORDINANCE NO. 0-96-30 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& AMENDING THE LAND DEVELOPMENT CODE REGARDING AMENDING TI-IE CLASSIFICATION OF SUBDMSIONS TO INCLUDE DIVISION OF A SINGLE LOT; REGARDING THE RESPONSIBILITIES OF THE PLANNING AND ZONING COMMISSION; ESTABLISHING PROCEDURES FOR THE APPROVAL OF THE DMSION OF A SINGLE LOT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIZITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/11/96, Advertised 9/25/96, 2nd Reading, PH and Adoption 10/9/96) 4 I I I I I I i I I I I I i I I I I I I' ' 11. COMMITTEE REPQRT~;./RECOMMENIIATIONS I12. i13. 96.026 A. i91-115 ! I ! I I 9 6.221/ B. i95.164 115-147 1 ! OLD BUSINESS - None NEW BUSINESS Adopt Resolution No. R-96-72 - Amending R-96-23 - Amending PTC/Lennar/City of Sebastian &greement - Amendment to Developers Agreement (CiW Manager Transmittal 10/3/96, R-96-72, Arrlended Agreement) RESOLUTION NO. [-96-72 A 1;UESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF TI-IE CITY, AN AGREEMENT AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES, INC. ("PTC") AND LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP ("LENNAR"), THAT AGREEMENT BEING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP; PROVIDING FOR RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt Resolution No. R.-96-75 - Addendum to Aim. on Lease.~ Brian E. Barry _ to Aerotrace. Inc, (Cit_~ Manager Transmittal 10/2/96, Exi~;ing Lease with Barry, R-96- 75. Addendum to Lease) RESOLUTION NO, R-96-75 A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND BRIAN E. BARRY SUBSTITUTING AEROTRACE, INC. IN PLACE OF BRIAN E. BARRY AS TENANT; PROVIDI2gG FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 96.110 C. Adorn Resolution No. R-96-76 - CRA E~eineerin~_ Inc. Surmlemental A~reement No, 149-163 Rive-rview Park Parking Area (Communitv-Develocment Di;'~ctor Transrr~ttal 10/3/96. R-96-76. Supplementa[Agreement No. 1_~ S¢°¢e ~fWork) P~:.SOLUTION NO,,R-96-7~  A RESOLUTION OF Tt{E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING TIlE MAYOR TO SIGN AND TIlE CITY CLERK TO ATTEST, ON BEUnLF OF rim CITY, SU~PLEM~Vr~ AOm:~.~mNX NO. 1 BETWEEN C~ L*NOn, mEmNG, INC. a, rD Tim CITY OF SE~AS~, ?ROVrDrNO FOR m~?EnL OF m~SOLUTIONS OR P~TS OF m~SOLtrrioNs IN CON~tCT }~m~wm-~; PROVmiNG FOR SEWmrLtTY; AND PROVmr~G FOR AN mmCXnm DAr~. 96.222/ 95.035 165-167 Approve Eighteen Month Preliminary Plat Extension for Vickers Grove Subdivision to Expire April 9, 1998 (Community Development Transmittal 10/2/96, Fischer & Sons Letter 9/20/96, Site Map) ~- 96.223 169-172 Retention of Attorney Services for Existing Litigation - Citrus Utilities vs. General Development Utilities and City of Sebastian.- Richard E. Torpy of Amundsen, Moore and Torpy - Authorize City Attorney t° Sign on Behalf of City (City Manager Transmittal 10/2/96, 9/9/96 HanserffI'orpy Letter, 9/24/96 Torpy Letter) 96.032 173-174 14. 15. Change Order - Henry Fischer & Sons Leasing, Inc. - Construction of Driveway off Airport Drive West for Brian Barry (Aerotrace, Inc.) (City Manager Transmittal 10/2/96, PW Cost Estimates) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COU~Cm MATTERS Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. N..orma Damp Mr. Raymond Halloran Mr. Richard Taracka 6 I 16. ADJOURN (All regular meetings beginning at 6:00 p.m. shall adjourn at 9:30 p.m. unless extended for one half hour by a majority vote of City Council. All regular meetings beginning at 7:00p. m. shall adjourn at l O: 30 p. m. unless extended for one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPK4Z ANY DECISION MADE B Y THE CITY COUNCIL V/ITl[ RESPECT TO ANY MAT1ER CONSIDERED AT THIS MEETZNG (OR HEAR1NG) WILL NEED A RECORD OF TIlE PROCEEDZIVGS AND MAY NEED TO ENSURE THAT A VERBAT2M RECORD OF THE PROCEEDINGS IS MADE, WH1CH RECORD INCLUDES THE IESllMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 KS.) IN CObtPLI_ANCE WITH THE AMERICANS WITH DISABILITiES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCObt3,1ODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: SpecialMeeting-Capital Improvements- Tuesday, October 15, 1996~ 7p.m. Special Meeting- Quasi Hearings- Wednesday, October 16, 1996- 6p.m. Regular Meeting- Wednesday, October 23, 1996- 6p.m. Regular Meeting- Wednesday, November 13, 1996- 6p.m. Regular Meeting. Wednesday, November 20, 1996 - 6p.m. 7 I i I I I i I i I i I I i I I I i I WHEREAS, Millions of Americans need supplemental assistance at some time during each month; and WHEREAS, Treasure Coast Food Bank, highlights its year long efforts to feed the hungry by observing National Food Bank Week, October 13 - 19, 1996; and --. WHEREAS, Treasure Coast Food Bank, is committed to providing food for the hungry and solicits and distributes surplus food to 35 charitable food programs to assist with feeding approximately 125,610 needy individuals in Indian River County; and NOW THEREFORE, I, Louise R. Cartwright, Mayor of the City of Sebastian, do hereby proclaim October 13 - 19, 1996 as National Food Bank Week in recognition of the contribution of Treasure Coast Food Bank in the fight to feed the hungry of Sebastian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Sebastian, Indian River County, Florida this 9th day of October, 1996. Attest: I~athryn M. O H~iloran, City Clerk WHEREAS, Rape and Assault Prevention Week provides an opportunity each year for rape prevention, self-defense and martial arts instructors to reach out to citizens to increase the awareness and understanding that violent acts committed against women occur and education accompanied with self-preservation skills make for a more secure and safer community, and WHEREAS, a broader knowledge and consciousness of the many ways rape and assault prevention training enhances one's safety by promoting the essential skills, knowledge and attitude required to prevent women from being ~/iolated in our community encourages healthy behaviors of respect which contribute significantly to the diminishment of violent acts as domestic violence, stalking and kidnapping; and WHEREAS, rape and assault prevention education and training services benefit, the entire population, thereby crossing all ethnic, socio*economic, individual family and social strata; and WHEREAS, we are appreciative of and commend, the Rape Awareness and Prevention Organization - International and its registered instructor, Robert Reinhalter, for its programs that focus on diminishing violent acts committed against women and services that empower women with the confidence, courage and essential skills needed to avoid and escape threatening assaults; and WHEREAS, if we are to continue to improve the understanding and appreciation for the vital impact rape and assault prevention has upon shaping a safer future for all of us, we must emphasize the complexity of the matter; and WHEREAS, this year's theme - "Making a Difference" - highlights the goals Robert Reinhalter and the Rape Awareness and Prevention Organization - International has achieved, the assistance of the community, martial arts, self- defense and rape and assault prevention experts, legislators, community agencies, professional associations, and the media. NOW THEREFORE, I, Louise Cartwright, Mayor of the City of Sebastian, and on behalf of the City Council, do hereby proclaim the week of October 14-21, 1996 as "RAPE AND ASSAULT PREVENTION WEEK" in the City of Sebastian, and urge citizens to use this week to participate in activities that will help them discover more ways to choose a safer lifestyle. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Sebastian, Indian River County, Florida this .9th day of October, 1996. [ Louise R. Cartwright, City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 c] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING 1996/97 FINAL MILLAGE AND BUDGET HEARING WEDNESDAY, SEPTEMBER 18, 1996 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN sTREET, SEBASTIAN, FLOR/DA e AT.I. AGENDA iTEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAiN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Special Meeting to order at 7:00 p.m. ROLL CALL City_ Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Finance Director, Joel Haniford Deputy City Clerk, Sally Maio Mayor Cartwright explained that due to a discrepancy in advertised hearing times, the hearing cannot begin until 7:30 p.m., therefore she would recess the meeting until 7:30 p.m. At 7:29 p.m., Mayor Cartwright reconvened the meeting. The Pledge of Allegiance was recited. Special City Council Meeting September 18, 1996 Page Two FINAL PUBLIC HEARING AND ADOPTION..OF 1996/97 FISCAL YEAR MILLAGE AND BUDGET Procedures · Mayor Opens Hearings on Both 0-96-28 & 0-96-29 · Attorney Reads Ordinances · Staff Presentation ° Public Input - Limit of I0 Minutes Per Speaker ° Staff Summation ° Mayor Closes Hearings on Both 0-96-28 & 0-96-29 ° Millage Levy Statement Required by F.S. 200.065 is Publicly Read ° Council Adoption of 0-96-28; then Adoption of 0-96-29 Mayor Cartwright opened the public hearing at 7:30 p.m., the City Attorney read Ordinance Nos. 0-96-28 and 0-96-29 for the second time by title only. The City Manager briefly explained hearing procedures. The Finance Director distributed amended budget pages (see attached) and gave a brief presentation. Harry Thomas, 654 Balboa Street, Sebastian asked if there were sufficient funds prior to obtaining revenues in the event of an emergency and the Finance Director explained cash flow is not the same as revenues and that there is sufficient cash on hand. Vice Mayor Barnes asked how the engineering department can spare one of its personnel to airport duties. The City Manager responded that the person who will assume that responsibility has already been doing it, that other personnel take up the slack and there is no detriment to the department. Mr. Halloran requested and received consensus of City Council on budgeting $10,000 for city limit signs. Discussion took place on offers from local organizations. Vice Mayor Barnes said C.J. Aroma, on behalf of Sebastian Business Council, is interested in making a donation. Mrs. Damp said she will located agenda backup from a meeting at which Council was given a cost proposal to repair the signs. Mrs. Damp inquired about the decrease in legal costs. I I I I I I i I I I I I I I I I I I Special City Council Meeting September 18, 1996 Page Three Mayor Cartwright commended all involved in preparation of the budget and closed the public hearing at 8:52 p.m. , The City Attorney read into the record 'the City of Sebastian is holding this public hearing on the proposed millage rate of 6.900 mills which is 0.93% below the rolled-back rate of 6.965 mills" in accordance with F.S. 200.065. 96.079A A. 1996/1997 Fiscal Year Prooosed Millage - 6.900 Mills - Public Hearin~ and Final Ad0r~ti0n of Ordinance Nol 0-96-28 (F~inance Director Transmittal ~ 0--96- ORDINANCE NO. O-96~28":' AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLO, oR~A ADOPTING A PROPOSED MILLAGE RATE OF 6.900 FOR THE CITY S GENERAL OPERATING FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Halloran/Taracka I move to adopt Ordinance No. O-96-28 and a proposed millage rate of 6.900 mills, which is 0.93% below the rolled-back rate of 6.965 mills. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Special City Council Meeting September 18, 1996 Page Four 96.079B B. 1996/1997 Fiscal Year Tentative Budget - Public Hearing and Final Adopfiorl of OrdinaneeNo. O-96-29 - (Finance Director Transmittal. 0-96-29) ORDINANCE NO. O-9.6-2~ AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE ENSUING YEAR.; DETERMINI2NG THE AMOUlXYr OF APPLICABLE FUNDS ON HAND; ESTIMATING RECE~TS FOR THE GENERAL FUND, EXHIBIT "A"; CDBG FUND, EXHIBIT "B"; GOLF COURSE FUND, EXI-IIBIT "C"; AIRPORT ~, EXIq]BIT "D"; CEMETERY TRUST FUND, EXI-iIBIT "E"; LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "F"; LAW ENFORCEMENT EDUCATION TRUST FUND, EXI-IIBIT "G'; PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT "ti"; GENERAL GOVERNMENT EMPLOYEE TRUST FUND, EXI-IIBIT 'T'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by CartwrightYBames I move to adopt Ordinance 0-96-29, adopt the budget for the 96/97 fiscal year, the budget amounts are: General Fund $ CDBG Fund Golf Course Fund Airport Fund Cemetery Trust Fund Law Enforcement Confiscated Trust Fund Law Enforcement Education Trust Fund Public Safety Employee Trust Fund General Government Employee Trust Fund 8,220,120 513,620 1,336,900 318,830 68,550 29,950 3,205 8,630 3.600 Total $ 10,503,405 4 I I i I i I i I I I i I I i I I i i I I i I i I I I I i I I I I i I I i Special City Council Meeting September 18, 1996 Page Five ROLL CALL: Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes - aye - aye - aye - aye MOTION CARRIED 5-0 5. Being no further business, Mayor Cartwright adjourned the Special Meeting at 8:55 p.m. Approved atthe · 1996, Regular City Council Meeting. Louise R. Carmn-ight Mayor Kathryn M. O'Halloran, CMC/AAF, City Clerk , i m D o ~Joooooo~o I ~~. Z OZ ~W I ,,, 0 ,,, __ W ~ M ~2~o~~m ~ w~w<<mmw I i Z a~ueu!~ C~ c~ ~) I EMPLOYEE DISTRIBUTION FY 1996 - 1997 BUDGET "! Fy96 A ~oroved FY 9~'"~: E/T P/T F~ ,, I o 5 0 · -'--~ ..... 7::F ...... ~ .... · -'--~ ..... ~ ...... ~ .... I ; ~';-Z;-ZZ-X;- ;;Z~Z-5 37 7 40 I ..... ~ ..... 7~ ...... ~ .... · .... -~ ..... ~ ..... -~ .... ..... ~--~--i)--- ~'--~ .... I .... ~ ..... ~--- ~--2~ .... I ..... ~ ..... ~- ..... ~ .... : -;_--3_-Z-: 1.-)_--_-;_-_-3_--_-1; I i 5 0 5 ' -'--:~ ..... 7::)- ..... :~ .... ..... ~ ..... ~- ..... 6 .... I 109 '"1 13 li'~ '" I I 3 17 3 ..... 6 ..... .... i 3 17 i 3 112 30 113 I ADDITIONS: POSITION TITLE: GRADE/STEP i I ~;~;6;_p_~- ' - -o-~-~;r- ................... -S;-- ~;r~r~'_~)evelopment ...... ' --C'i'e~'~,~"~'~['m_-e'~--'_ ................. ....... -1~'-- I F:)~/-E-n.,qi- ~e-e~n-g- -C'~ [~ ~n;~'r -E~'~~ ..... II · __ :'~__ ~ ........................ n_p_~_ ~) ~ ~TB-u il d~n~ -M-~ ~ ~'e~ ~'n~ e Laborer 10a i _C_om_ mu,_n.]lt~ D_ e_v_el_o p_m_e_nt. _ _ - -D_~r e ~ - _: ]:: _: _: - _-: - - _- _- _- _- _- ] - :~,_-a - DELETIONS: POSITION TITLE: GRADE/STEP l ~:i~'n~; 5~.-_a~r~'n~ ...... Clerical Asst, II 15a ~iR a-n~; 6 em-; ~r~ e-n~ ..... ~,% ;o;~t-cTe~£1 i- ................. -~ - - -~-;6 E'uinimL- D-- e-v-~L;pim--e-~[ i i -~r_;c_l~_~i~F_n~_~_~c_-iE, i i i i i i i i i i i i iE_;E4~ i I I GRADE RECLASSIFICATIONS: pOS, ITl. ON TITLE (From/To): FROM/TO Police De_R,t .......... CleriCal Assistant I PT to Fl' ~F&~ 5~p_~ -P% ~7c; ~7~r-~o- 6~uTe~ni .......... ~ft~ ~ I ~;r~ ~'r{'_~ 6 ~'v~l~'n~e~[ -C~ ~l~"ner"t~ ~l~'n~F 'IF ........... ~'8'- ~-~'3'-  vii ! DEPARTMENT FY96 A~0roved FY97 Bud,qet C, HANGiE F/T P/T F/T P/T F/T P/T _C_o_u_nc_iL 0 5 0 5 0 0 _~_~_~_~ ~ e_( i-'_ ..... iZZiliii'--~-ii iiXii':i)]iZiii}ili iii(]~-] o Clerk 5 0 5 0 0 0 Finance ................... 7_ _ _ _ 0 5 0 . _ _(_2) 0 Police 37 7 40 6 3 £1_)_ _ H uman-Reso~e~ ............ ~- - - 0 2 0 0 0 C o m m u n'~t~ _-D-e_-v_~ I-o~-e_~t_----- :_--l~_-----?-- 12 1 0 DPWlEngi_n_ee_ riQg' ............ 6_ ..... _0_ __ 6 I 0 1 DPW/Roads & Dr_ai_n_a.,g_e ....... _2_3 ..... _0_ .... _2_3 ..... _0_ ...... 0____ 0 DPW/BI_dg..Maint 3 0 4 0 1 0 DPW/Garag. e ~__3___. 1 3 1 0 0 DPW/Parks/Rec. 5 0 5 0 0 0 DPW/Cemetenj ...............2_ ..... _0_ ..... 2_ ....._6)_ _ _0 0 Non-Dept. 0 0 0 0 0 0 Sub Total: 109 13 110 14 1 1 Golf Course 3 17 3 17 0 0 _Ai_r'gort 0 0 0 I 0 1 ~ub Total: 3 17 3 18 .... 0' ' 1 Grand Total: 112 30 113 ,32 1 2 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, SEPTEMBER 25, 1996 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless provided in the meeting call (iff'accordance with R-95-33) 1. Mayor Cartwright called the Workshop to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran City Planner, Robert Massarelli Deputy City Clerk, Sally Maio City Council Workshop September 25, 1996 Page Two 4. WORKSHOP ITEMS 96.207 A. Private Use of City Owned Property or Interests (CommuniW Developmeni. Transmittal 9/18/96. Report~ The City Manager cited the three areas at issue, the Cornerstone Select Homes' request for use of public property, use of the approximately 89 tracts throughout the city and use of the old utility building. The City Planner went over his report to City Council (see attached) and distributed maps supplied to him by Cornerstone Select Homes' representative Bill Adair showing the proposed subdivision. Bill Adair, Cornerstone, addressed City Council. Discussion took place on methods for divesting city property. Mayor Cartwright recommended a lease situation for the two properties, however, the City Manager recommended consideration of a property exchange. Mr. Adair said he will be bringing a proposal for another subdivision south of Englar Drive with a 16 acre wildlife area in the near future. The City Manager suggested an appraisal be done on the two subject properties. Mr. Halloran suggested that properties adjacent to other public tracts could be picked up in the exchange. Vice Mayor Barnes agreed. The City Manager suggested including the right-of-way in the exchange package. He said this issue could be scheduled on a regular agenda for formal approval. Mayor Cartwright asked if the city would have to absorb the cost of appraisal. The City Manager said he would bring this item back at the next regular meeting with further information. TAPE I - SIDE II (6:52 p.m.) The City Planner stated he was healing it was Council's intent that requests be brought back on a case by case basis. I I I i I I I I I I I I I i I I I I City Council Workshop September 25, 1996 I Page Three The City Manager discussed use of the old utility building. He had previously distributed additional backup from various organizations. Mayor Cartwright said Council's previous direction on the building for use by the Chamber and Historical Society was clear. Mr. Halloran agreed. Mr. Taracka expressed concern for rehabilitation costs for the building. He recommended trying to get some kind of an income to see a return on the building. Vice Mayor Barnes noted there are a lot of groups who would like to use the building. Mrs. Damp agreed with Council's previous action. Mayor Cartwfight suggested another workshop on use of city property. Being no further business, Mayor Cartwright adjourned the Workshop at 7:07 p.m. Approved at the ,1996, Regular City Council Meeting. Louise R. Canwfight Mayor Kathryn M. O'Halloran, CMC/AA.E City Clerk City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES. SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 25, 1996 7:00 P.M. OR SOON THEREAFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA iTEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Regular Meeting to order at 7:25 p.m. The Pledge of Allegiance was recited. No one was available for invocation. ROLL CALL fi;ky Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran City Planner, Robert Massarelli Chief of Police, Randy White Deputy City Clerk, Sally Maio Regular City Council Meeting September 25, 1996 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present ('R-95-$3) The City Manager requested addition of two agenda items 12 B Old Business "Payment to Spaul Environmental, Inc." and 13 G New Business "Mechanical Engineer Selection, Approval and Contract Negotiation". I I I MOTION by Cartwright/I-Ialloran I move to add item 12 B and 13 G to tonight's agenda. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 I I I I MOTION by Damp/Halloran I would like to remove item 13 C under New Business 96.013 which is procedures for the City Attorney. Vice Mayor Barnes said he would like to evaluate Ms. Settles individually rather than in public. Mayor Cartwright said a review of the concept of part-time attorney and mechanism for evaluations needs to be looked at by Council. Mr. Halloran said Mrs. Settles is working within the scope of her contract and noted that she does not charge for phone calls or travel. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - nay Mrs. Cartwright - nay Mr. Barnes - nay I I I I I I MOTION FAILED 2-3 (Taracka, Cartwright, Barnes - nay) I I I Regular City Council Meeting I September 25, 1996 Page Three PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 96.208 Proclamation 4 Constitution Week - 9/17/96 - 9/23/96 - Sebastian Chapter of Daughter~ of American Revolution - Betty Bock Accepting 96.209 Mayor Cartwright presented the proclamation to Betty Bock and Mrs. Lawton, on behalf of Daughters of the American Revolution. Presentation - C.J. Yarema - Sebastian Business Council - Sebastian Welcome Si~s C.J. Yarema, Main Street, Sebastian, donated a check from the former Sebastian Business Council and Chamber of Commerce and challenged others to get involved. Mrs. Damp gave Mr. Yarema information she had compiled previously'bn the welcome signs. CITY ATTORNEY MATTERS The City Attorney resigned her position as City Attorney, stating that she would stay until someone else is contracted with and urged people to support its city staff. Vice Mayor Barnes asked her to reconsider the resignation. Mayor Cartwright concurred and said that it was not her intent to review the attorney but to review the concept and the contract. The City Attorney said hers was not a contract but rather a retainer letter and it could have been modified at any time. She said she would reconsider if the item was removed from the agenda and she was given an opportunity to address concerns. Mr. Halloran said the City has an attorney who has produced qualities and quantities of legal work never before brought forward during his time on Council. Mrs. Damp concurred. CITY MANAGER MATTERS None. ! Regular City Council Meeting September 25, 1996 I Page Four I 9. CONSENT AGE .NDA All items on the consent agenda are considered to be routine and will be enacted by one motion. I 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. I A. Approval of Minutes - 9/5/96 Special (Quasi), 9/6/96 Special (Budget), 9/11/96 Regular 96.103 B. Approve Future Reimbursement of Expenses - Mayor Cartwright and Vice Mayor Barnes I Attendance at Advanced institute for Elected Officials - 10/11/96 - 10/12/96 - Lake Buena Vista (City Clerk Transmittal 9/25/96, Institute Agenda) I 96.210 C. Chamber of Commerce - Santa Sail-in/Winter Wonderland"- Request Use of Riverview Park - 11/29/96 through 1/6/97 - Electricity - Close Indian River Drive between Yacht I Club and Riverview Park and Fellsmere Road between indian River Drive and U.S. 1 on 12/6/96 (City Clerk Transmittal 9/19/96, Chamber Letter 9/12/96, Police Chief Memo 9/18/96) I 96.211 D. Recreation Department of Veto Beach/Indian River County - Halloween Parade and Costume Judging - 10/31/96 - 4 pm to 6 pm - Close Traffic to Indian River Drive from I Main Street to Riverview Park as Parade Progresses (Police Chief Memo 9/18/96, VB/IRC Recreation Memo 9/17/96) 96.212 E. Welcome Wagon Halloween Party - Community Center ~ 10/25/96 - 7:00 p.m. to 11:00 I p.m. - A/B - Security Paid - Permittee Age Confirmed (City Clerk Transmittal 8/29/96, Application) ' I 96.213 F. Radiology Department of Indian River Memorial Hospital - Christmas Party - 12/13/96 - - Community Center - 7:30 p.m. to Midnight - A/B - Security Paid - Permittee Age Confirmed (City Clerk Transmittal .9/9/96, Application) The City Manager read the consent agenda. I i 1 ~ 4 I I I I' ' Regular City CouncilMeeting September 25, 1996 I Page Five I MOTION by Bames/Halloran I move to approve items A, B, C, D, E and F of the consent agenda. I ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye I Mr. Barnes - aye Mrs. Damp - aye I MOTION CARRIED 5-0 i 10. PUBLIC FI~A RING Procedures for public hearings: (R-95-33J ::' ° Mayor Opens Hearing I ° Attorney Readx Ordinance or Resolution ° Staff Presentation ' Public Input - Limit oliO Minutes Per Speaker I ° Staff Summation ° Mayor Closes Hearing ° Council .4 ction I Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, V/hen Calledgo to the Podium and State His/Her Name for the Record I 96.110 A. Second Reading. Public Heitring and Adootion of Ordlnance No. 0-96-22 - CDBG i Rv u~F inn Di r'rn it 9189 -6-2 I ORDINANCE NO. 0,96-22 SPECI ........... , LORIDA, CREATiNG AND ESTABLISIqlNG A ~ ~uz vt:N UP_; FUND FOR THE COMMUNITv r,~=, ,~ ....... I GKANT AND * ~"'~ ........... * ~,m v =LL~IVI~N'I' BLOCK BEGINNIN'-' ~_t.,f.j_~ts A L'DBO BUDGET FOR TH~ FISCAL YEAR ts uC;tUBLR 1, 1995 At'CD ENDiNG SEPTEM]3ER xn ~oo~ DETERMINING AND FIXING THE AMOUNTS NE,'=oo-~-7-~---''k i ACTIVITIES OF THE CDBG rm,~.~,. ......... ,~.~oo,xrtx ~o CARRY ON THE .... ~.,.~uu,.~v~ AmD LSTIMATING RECEIPTS t-'ISCAL YEAR; PROVIDING FOR SEVERAB]LITY; PROVIDiNG FOR CONFLICTS; AND PROVIDING FOR AtN EFFECTIVE DATE. (lst Readin~ 8/28/96 I Advertised Legal 9/11/96, PH 9/25/96) o , I , Regular City Council Meeting September 25, 1996 Page Six Mayor Cartwright opened the public hearing at 7:58 p.m., the City Attorney read Ordinance No. 0-96-22 by title only, the City Planner gave a brief explanation and, being no input, Mayor Cartwright closed the public heating. Mayor closed MOTION by Taracka/Barnes ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran - aye - aye - aye - aye MOTION CARRIED 5-0 96.002 Bo Second Reading. Public Hearing and Adoption of Ordinance No. 0-96-23 - Riverfront Waterline Assessment Program Fund .(Finance Director Transmittal 9/18/96. 0-96-23) ORDINANCE NO. 0-96-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ESTABLISHING AN AGENCY FUND FOR THE RIVERFRONT WATERLINE ASSESSMENT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 8/28/96, Advertised Legal 9/11/96, PH 9/25/96) Mayor Cartwright opened the public hearing at 8:00 p.m., the City Attorney read Ordinance No. 0-96-23 by title only and the City Manager briefly explained the ordinance. Tut Connelly, 149 Kildare Drive, Sebastian, objected to the assessment. Mayor closed the public heating at 8:01 p.m. 6 I I I I I I I I I I I I i I I i I I Regular City Council Meeting September 25, 1996 Page Seven MOTION by Barnes, q'aracka I'll make a motion to adopt Ordinance 0-96-23. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 96.191 Second Public Hearingand Adoption of Ordinance. No. O-96-25 - Mini-Storage in PUD-C (Community Development Transmittal 9/17/96. 0£06-25) ORDINANCE NO. Or96-25 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING CONDITIONAL LAND USE IN COMMERCIAL PLANNED UNIT DEVELOPMENT, PERMITTED LAND USE IN THE INDUSTRIAL DISTRICT, PROVIDING FOR A DEFINITION OF MINI-STORAGE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/28/96, Advertised Display 9/4/96, 1 st PH 9/11/96, Advertised Display 9/18/96, 2nd PH 9/25/96) Mayor Cartwright opened the public hearing at 8:02 p.m., the City Attorney read Ordinance No. 0-96-25 by title only and the City Planner briefly explained the ordinance. Vice Mayor Barnes recommended revision to the ordinance to bring it more in line with the county's ordinance. TAPE I - SIDE II (8:09 p.m.) Mayor Cartwright closed the public heating at 8:11 p.m. MOTION by Barnes/Taracka I would make a motion to postpone this Ordinance until it can be modified to include the definitions discussed for the Indian River County Codes. I Regular City Council Meeting September 25, 1996 1 Page Eight The City Planner said it would be three to four months to come back to Council with a revision, i ROLL CALL: Mr. Barnes - aye 1 Mis. Damp - nay I Mr. Halloran - nay Mi. Taracka - aye Mrs. Cartwright - nay 1 MOTION FAILED 2-3 (Taracka, Barnes.- nay) 1 MOTION by CartwrightJI-Ialloran I move to adopt Ordinance 0-96-25 with the instruction to staff'that they do · review it very quickly and incorporate whatever we can for consideration from the Indian I River County ordinance. ;~ ROLL CALL: Mrs. Damp - aye I Mr. Halloran - aye Mr. Taracka - nay I Mrs. Ca, wright - nay · Mr. Barnes - aye · MOTION CARRIED 3-2 1 96.192 D. Second Reading. Public Hearin~ and Adootion of Ordinance No. Q-96-26 - Fcnce~ and 1 Walls (Community Develovme~t Transmittal 9/17/96. 0-96-26'} ' ORDINANCE NO. 0-96.-.26 I AN ORDINANCE OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ~ LAND DEVELOPMENT CODE REGARDING I HEIGHT OF FENCES AND WALLS, TEMPORARY CONSTRUCTION FENCES, TYPES OF FENCES, PROHIBITED FENCES AND WALLS, AND BARBED WIRE · FENCES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; I PROVI]DING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/28/96, Advertised Legal 9/11/96, PH 9/25/96) I Mayor Cartwright opened the public hearing at 8:15 p.m., the City Attorney read Ordinance No. O-96-26 by title only and the City Planner briefly explained the ordinance.. I I I I I I I I I I I I i I I I I I i I Regular City Council Meeting September 25, 1996 Page Nine 96.141 E. Discussion took place on the angle of the barb on barbed wire fences. Mayor Cartwright closed the public hearing at 8:21 p.m. MOTION by Barnes/Halloran I'll make a motion to adopt Ordinance 0-96-26. ROLL CALL: Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp - aye - aye - aye - aye , MOTION CARKIED 5-0 Second Reading. Public Hearing andAdoptiomof~Ordinance No. 0-96-27 - Tree Advisory, Board Alternate Members (Community Development Transmittal 9/17/96, 0,96-27) ORD1NANCENO_O-96-27 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR_IX)A, AMENDING THE LAND DEVELOPMENT CODE PROVIDING FOR ALTERNATES ON ~ TREE ADVISORY BOARD; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/28/96, Advertised Legal 9/11/96, PH 9/25/96) Mayor Cartwright opened the public hearing at 8:22 p.m., and the City Attorney read Ordinance No. 0-96-27 by title only and the City Planner briefly explained the Ordinance. Vice Mayor Barnes inquired whether duties of alternate should be spelled out in the ordinance. Mayor Cartwright closed the public hearing at 8:25 p.m. I Regular City Council Meeting September 25, 1996 I Page Ten MOTIO~ by Barnes/Taracka I I 11 recommend adoption of Ordinance O~96-27. ROLL CALL: Mr. Taracka - aye I Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye I Mr. Halloran - aye MOTION CARRIED 5-0 I 11. COMMITTEE REPORTS/RECOMMENDATIONS i A. Construction Board 96.214 i. Accem Letter of Resienation from Truman Smith (Community Develooment I Tran~mit~ai~/l 7/96L~mith Letter · MOTION by Cartwfight/Halloran I With regret and with appreciation for his services to the City I move to accept hi resignation. I ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye I Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye I MOTION CARKIED 5-0 12. OLD BUSINESS 96.119 A. ADoolntment ofLar~_e StrateedcPlan Committee (Back-ut) Forthcomin~ I The City Manager distributed backup documentation reflecting previous action on the I original committee and suggested the makeup of the committee as follows: I ! ! Regular City Council Meeting September 25, 1996 I Page Eleven City Council Members All Department heads FOP and CWA Representatives Chairpersons of All City Committees Double the Original 14 Members Five Members from Five City Districts Appointed by Council City Council concurred with his recommendation. 96.099 Pa_xanent to Spaul Environmental. Inc. The City Manager had distributed a memo regarding additional payment to Spaul (see attached). MOTION by Barnes/Halloran I'll make a motion to approve the payment of the additional $264.25 for Dr. Spaul's payment for his investigatiOn of the Police Department. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 96.032 Mayor Cartwright called recess at 8:35 p.m. and reconvened the meeting at 8:50 p.m. All members were present. 13. NEW BUSINESS Blackhawk Ouarry Company of Florida. Inc. - Use. of Cemented Coquina Rock on Runway 4-22 Reconstruction-Presentation by Representatives ofBlackhawk Ouarry ~City Manager Transmittal 9/18/96. 9/5/96 & 9/10/96..Tomasello Letters) The City Manager reiterated his report to Council and had previously distributed copies of letters from the other three bidders stating they would not file bid protests if the City permits Martin Paving to use cemented coquina in lieu of the originally specified limerock base. (See attached) I1 Regular City Council Meeting September 25, 1996 Page Twelve · I Mr. Machata, Blackhawk Quarry, addressed City Council on the good quality and use of coquina rock. He said Greiner's opinion is not supported by FDOT and requested support from City Council. TAPE II - SIDE I (9:12 p.m.) The City Attorney said that she was satisfied that the letters from the other bidders would keep the City form litigation. Mayor Cartwright said she would like to hear from Greiner before any Council action is taken. The City Manager said Mr. Nielson had informed him ther~ will be added costs for further engineer review. MOTION by Barnes/Taracka I move to allow the use of'any DOT approved material as part of value engineering considerations. The City Attorney suggested adding "at the preconstruction conference involving the airport runway project". Vice Mayor Barnes and Mr. Taracka agreed. The City Manager suggested FDOT, Greiner and Blackhawk representatives attend a Council meeting prior to the pre-construction hearing to address this issue. Mayor Cartwright requested that Vice Mayor Barnes withdraw his motion until after that time. Motion and second were withdrawn. 96.215 Reschedule November and December City_ Council Meetings (City_ Clerk Transmittal. 9/11/96. Calendars) Mr. Barnes said he may be unavailable on December 18; Mr. Halloran said he was unavailable on December 4; and Mr. Taracka said he was unavailable on November 6 and 13. MOTION by Cartwright/Barnes I move that we change the meeting schedule for November to the 6th and the 20th, and for December to the I lth and the 18th. 12 Regular City Council Meeting September 25, 1996 i Page Thirteen ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwfight - aye Mr. Barnes - aye Mrs. Damp - aye 96.013 C. MOTION CARRIED 5-0 (This item will be placed back on an agenda for reconsideration of the November schedule. Another Council member is unavailable on November 6.) Revlew/Evaluation Procedures for. City Attorney (Cartwright Memo 9/17/96) MOTION by Barnes/Taracka ~ I move that we remove this and reconsider this item on the agenda and recommend that it be pulled so that we can discuss these issues further, more privately. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran ~ aye 96.012 D. MOTION CARRIED 5-0 City Manager Salary. Increase (Cart_w. right Memo 9/16/96) MOTION by Halloran/Taracka I would move that we look at 7.5% pay increase not a lump sum bonus retroactive to the anniversary date. Mrs. Damp suggested 8.5%. ROLL CALL: MOTION CARRIED Mrs. Cartwright Mr. Barnes Mrs. Damp Nh-. Halloran Mr. Taracka 4-1 (Damp - nay) - aye - nay - aye - aye 13 Regular City Council Meeting September 25, 1996 Page Fourteen 96.216 E. Approve Resolution No, R-96-69 - Grant Application - National Tree Trust (CommuniW Development Transmittal 9/17/96. R-96-69. Application) RESOLUTION NO. R-96-69 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING AN APPLICATION TO TIlE NATIONAL TREE TRUST COMMIJNITY TREE PLANTING PROGRAM, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT THE APPLICATION, AND PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-96-69 by title only. The City Planner explained the use of the grant funds and maintenance requirements. MOTION by Bames/Cartwright I'll move to approve Resolution R-96-69. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 96.112 F. Approve Resolution No. R-96-71 - Conceptual Stormwater Master Plan Prepared I0~ Craven Thomt~son & Associates (City Manager Transmittal 9/18/96. R,96~71) RESOLUTION NO. R-96-71 A RESOLUTION FORMALLY ACCEPTING THE STOR.MWATER MANAGEMENT SYSTEM CONCEPTUAL MASTER PLAN FOR TI-[E CITY OF SEBASTIAN, PROVIDING DIRECTION TO THE CITY MANAGER FOR THE PREPARATION OF A PROPOSED ORDINPuNCE FOR TIq]E CREATION OF A PROPOSED STORM WATER UTILITY AND PROVIDING FOR AN EFFECTIVE DATE. 14 I I I I I i I I I I I I I I I I I i I I I I I I I i I i I I I I I i I I Regular City Council Meeting September 25, 1996 Page Fit~een The City Attorney read Resolution No. R-96-71 by title only. The City Manager explained that adoption formally approves the plan and directs staffto draf~ an ordinance for establishment ora stormwater utility. MOTION by Cartwright/Halloran I move approval of Resolution R-96-71. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye '': Mr. Taracka - aye Mrs. Cartwfight - aye Mr. Barnes - aye MOTION CARRIED 5-0 New G. Mechanical Engineer SelectionL Approval and Contract Negotiation - Police Department The City Manager had previously distributed backup (see attached). MOTION by Barnes/Halloran I'll move to approve, the ranking order of the Mechanical Engineers as listed above and authorize the City Manager to negotiate a contract agreement with Firm #1 - Ralph Hahn and Associates, West Palm Beach, Florida and if unsuccessful the City Manager will proceed to negotiate a contract agreement with Firm//2 - Bosek, Gibson and Associates, Inc., West Palm Beach, Florida and if necessary Firm//3 - Sklow and Runkle, Melbourne, Florida. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-O 15 ! Regular City Council Meeting September 25, 1996 Page Sixteen I 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC i whiCh is not otherwise on the agenda - limit often minutes for each speaker Sal Neglia, 461 Georgia Boulevard, Sebastian, asked if there is an ordinance relative to for sale i signs on vehicles parked on city property; and said he would like to see the old utility building tom down. Deborah Akin, 693 Caravan Terrace, Sebastian, I TAPE II - SIDE II (10:00 p.m.) i discussed the use of city tracts and invited all to her home to see what is being done on a tract across the street from her house. I Bill German, 1313 Cownie Lane, Sebastian, objected to the county'water assessment. I Tut Connelly, Kildare Drive, Sebastian, distributed a letter and spoke on Falcon Cable. 15. CITY COUNCIL MATTERS I A. Mr. Richard Taracka I Mr. Taracka urged attendance by the public at the Riverfront Meetings. B. Mavor Louise Cartwriltht I Mayor Cartwright said the Falcon audio for Riverfi'ont Meetings has been poor. I C. Vice Mayor Walter Barnes Vice Mayor Barnes urged attendance at the Citizens Advisory Task Force meeting to be conducted on October 22 to discuss the design and use of CAVCorp; and inquired about the cable franchise extension. I D. Mrs. Norma Damv I None. i I Regular City Council Meeting September 25, 1996 Page Seventeen E. Mr~Raymond Halloran Amen. 16. Being no further business, Mayor Cartwright adjourned the regular meeting at 10:25 p.m. Approved at the ,1996, Regular City Council Meeting. Louise R. Cartwright Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 17 i City of Sebastian I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Resolution No. R-96-77 CITY COUNCIL AGENDA TRANSMITTAL AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: 10/3/96 MEETING DATE: :510/9/9~ APP .V'ED FOR AL: IExpenditure Required: I Amount Budgeted: R-96-77 w/Exhibit Appropriation Required: ~;UMMARY STATEMENT City Council budgeted funds for fiscal 96/97 for a Community Development Director. No job description exists for this position, in accordance with Section 2-4 of the Code of Ordinances, all job descriptions shall be adopted by Resolution. ~E~OMMENDATION Move to adopt Resolution No. R-96-77, approving a job description for Community Development Director. RESOLUTION NO. R-96-77 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF COMMUNITY DEVELOPMENT DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sebastian City Council has determined that the City has need for a Community Development Director. ~ NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: ~ The job description for the classification of Community Development Director as attached hereto as Exhibit "A" is hereby adopted. ~ The City Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council, City Manager and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. ~ All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. ~ This Resolution shall take effective immediately upon its adoption. I I I I I I I I I I I I I I I I i I I I' ' The foregoing Resolution was moved, for adoption by Councilmember I __ __. The motion was seconded by Councilmember i and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright I Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran I Councilmember Richard J. Taracka I The Mayor thereupon declared this Resolution duly passed and adopted this day of I~ 1996. CiTY OF SEBASTIAN, FLORIDA I By: i ATTEST: Louise R. Cartwright, Mayor Kathryn M. O'Halloran, CMC/AAE I City Clerk Approved as to Form and Content: I i i I I POSITION DESCRIPTION Class Title: Community Development Director Department: COMMUNITY DEVELOPM]SNT Division: Date: 10/01/96 Job Code Number: Grade Number: Exempt union: NO Location: GENERAL PURPOSE Performs a variety of supervisory, administrative, and professional work in development and implementation of community development plans, programs and services. SUPERVISION RECEIVED: Works under the general guidance and direction of the City Manager. SUPERVISION EXERCISED Exercises supervision over all department/division either directly or through subordinate supervisors. staff, ESSENTIAL DUTIES AND RESPONSIBILITIES Manages and supervises community development operations to achieve goals within available resources; plans and organizes workloads and staff assignments; trains, motivates and evaluates assigned staff; reviews progress and directs changes as needed. Develops short and long range plans and projects; gathers, interprets, and prepares data for studies, reports and recommendations; coordinates department activities with other departments and agencies as needed. Outlines economic modeling plans for the City and prepares related documents, permit applications, site plans, variance applications, etc. Evaluates environmental information and recommends mitigation measures to reduce adverse impact of development. Assists City staff in interpreting City codes and master plans. Prepares and writes grant applications for local, state and federal grants and is responsible for grant monitoring. Prepares annual budget requests; assures effective and efficient use of budgeted funds, personnel, materials, facilities, and time. Issues written and oral instructions; assigns duties, examines work for completeness and conformance to policies and procedures. Community Development Dir. I I I i i I I I I I I I I I I I i i I I I I I i I I I I i I I I I I I I PrePares a variety of studies, reports and related information for decision-making purposes. Supervises the evaluation of land use proposals for conformity to established plans and ordinances; evaluates proposals' development impact as they relate to the adopted plans of the City and makes recommendations. Supervises the evaluation of land use proposals to insure compliance with applicable City, State or Federal laws. Oversees approval of tree removal/grubbing permits, building permits, permits, sign permits, and minor land development proposals within scope of authority and responsibility. Oversees the enforcement of a variety of codes, including the Standard Building Code, Mechanical Code, Plumbing Code, National Electrical Code, Housing Code, Swimming Pool Codes, Gas Code, Fire Prevention Code and Unsafe Building Abatement Code, and local codes. Oversees the permitting functions of the d~artment, including application, fee assessment and collection, application and plan review, permit issuance, inspection, and occupancy. Ensures the maintenance of accurate and complete records of department activities and of records relating to licenses, permits, maps, blueprints, overlay, and sketches pertinent to urban planning and development programs and projects. Provides staff support or serves commissions, as needed and assigned. on various boards and Monitors inter-governmental decisions and legislative affecting department operations and takes appropriate action. Oversees the development and maintenance of a data base of information for planning and community development purposes. Responds to local citizens inquiring about community development, planning and zoning regulations and ordinances; resolves complex disputes between planners, program manager and applicants, as required. PERIPHERAL DUTIES Assists city staff in the enforcement of local ordinances. DESIRED MINII~I3M QUALIFICATIONS Educ~tion...and Experience: (A) Graduation from an accredited four-year college or university with a degree in land-use planning, urban planning, public administration or a closely field, Masters degree preferred, and 2 Community Development Dir. (~) Six (6) years experience in a planning capacity, of which two are in a supervisory capacity. Necessary Kno~%.edge, Skills and Abilities: (A) Thorough knowledge of comprehensive planning process and zoning laws, including their formation, process of adoption, and enforcement; (B) Skill in the operation of the listed tools and equipment. (C) Ability to communicate effectively orally and in writing with architects, contractors, developers, owners, supervisors, employees, and the general public; Ability to establish effective working relationships with architects, contractors, developers, owners, supervisors, employees, and the general public; Ability to prepare and analyze comprehensive and technical reports and data. SPECIAL REQUIREMENTS: Valid Florida State Driver's License, or ability to obtain one. TOOLS AND EQUIPMENT USED Personal computer, including word processing software; motor vehicle; calculator; phone; copy and fax machine; tape measure. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work is performed mostly in office settings. Some outdoor work is required in the inspection of various land use developments and construction sites. Hand-eye coordination is necessary to operate computers and various pieces of office equipment. While performing the duties of this job, the employee is occasionally required to stand or sit; walk; use hands to finger; reach with hands and arms; and required to hear or talk. The employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Community Development Dir. I i I I I i I i I I I I I I I I I I while performing the duties of this job, occasionally works in outside weather conditions. the employee The noise level in the work environment is usually quiet in the office, and moderate in the field. Effective Date: 10/09/96 Resolution Number: Revision History: Community Development Dir. City of Sebastian I 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I CITY COUNCIL AGENDA TRANSMITTAL I SUBJECT: AGENDA NO: Resolution No. R-96-78 DEPT. ORIGIN: DATE SUBMITTED: AP~VED FOI~ SUBMITTAL: ]Expenditure Required: MEETING DATE: EXltIBITS: 10/3/96 .'.:~ R-96-78 w/Exhibit IAmount Budgeted: Appropriation Required: SIYMMARY~STATEMENT City Council budgeted funds for fiscal 96/97 for a City Planner II. No job description exists for this position. In accordance with Section 2-4 of the Code of Ordinances, all job descriptions shall be adopted by Resolution. ~RECOMMENDATION Move to adopt Resolution No. R-96-78, approving a job description for City Planner II. RESOLUTION NO. ~ A RESOLUTION OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF CITY PLANNER H; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ~REAS, the Sebastian City Council has determined that the City has need for a City Planner II. NOW ~REFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The job description for the classification of City Planner II as attached hereto as Exhibit "A" is hereby adopted. SECTION 2. The City Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council, City Manager and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. SECTION 3, All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall take effective immediately upon its adoption. I I I I I i I I i I I i I I i i i I I I I I I i i I I I I I I I I t I I The foregoing Resolution was moved for adoption . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: by Councilmember Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka ATTEST: The Mayor thereupon declared this Resolution duly passed and adopted this ,1996. CITY OF SEBASTIAN, FLORIDA By: Louise R. Cartwright, Mayor day of Kathryn M. O'Halloran, CMC/AA.E City Clerk (Seal) Approved as to Form and Content: Valerie F. Settles, City Attorney 2 POSITION DESCRIPTION Class Title: Planner II Department: COMMUNITY DEVELOPMENT Division: PLANNING Date: 10/01/96 Job Code Number: Grade Number: 28E Union: NO Location: GENERAL PURPOSE Performs a variety of supervisory, administrative and technical work in the current and long range planning programs of the city related to the development and implementation of land use and related municipal plans and policies. SUPERVISION RECEIVED: Works under the general guidance and direction of the Director of Community Development. SUPERVISION EXERCISED Exercises supervision over division clerical staff as may be directed by the Community Develo'Dment Director. ESSENTIAL DUTIES AND RESPONSIBILITIES Carries out assigned available resources. operations to achieve goals within Serves as a team leader in the development of short and long range plans; gathers, interprets, and prepares data for studies, reports and recommendations; coordinates department activities with other departments and agencies as needed. Provides technical and professional advice; makes presentations to supervisors, boards, commissions, civic groups and the general public. Prepares a variety of studies, reports and related information for decision-making purposes. Assists in the development and implementation of growth management, land use, economic development, utility,, housing, transportation, facilities, solid waste or other plans and codes to meet the City's needs and any inter-governmental agreements or requirements. Evaluates land use proposals for conformity to established plans and ordinances; evaluates proposals' development impact as they relate to the adopted plans of the City and make recommendations. 1 Planner ii I I i I i i I i I I I i I I I I i I I I' I I I I I i I i I I I i I I I I I Evaluates land use proposals to insure applicable City, State or Federal laws. compliance with Provides staff support to the Planning and Zoning Commission as needed and assigned. Evaluates environmental information and recommends mitigation measures to reduce adverse impacts of development. Assists city staff in the enforcement of local ordinances and in interpreting city codes and master plans. Assists in designs for parks, other municipal projects. streetscapes, landscapes and Serves when needed as a member of a planning task force composed of City, County or State groups. Assists and/or prepares and writes grant application components relating to maps, plats, site plans, etc. Responds to local citizens inquiring about~'~ city planning and zoning regulations and ordinances. PERI PPIERAL DUTIES Serves as a member of various staff committees as assigned. DESIRED MINIMUM QUALIFICATIONS Education .~nd Exper.ience: (A) Graduation from (B) (C) an accredited four-year college or university with a degree in land-use planning, urban planning, landscape architecture or a closely related field, and Two (2) years experience in municipal planning; or Any equivalent combination ~f education and experience, additional education substituting on a year for year basis for the required experience. Necessary Knowlfl~qe, Skills and Abilities: (A) Thorough knowledge of zoning laws and comprehensive plans including their formation, process of adoption, and enforcement; Extensive knowledge of planning programs and processes; Working knowledge of Personal Computers and GIS applications; (B) Skill in the area of drafting and designing; Skill in the operation of the listed tools and equipment. (C) Ability to communicate effectively orally and in writing with architects, contractors, developers, owners, supervisors, employees, and the general public; Ability to establish effective working relationships. Planner SPECIAL REQUIREMENTS: Valid State Driver's License, or ability to obtain one. TOOLS AND EQUIPMENT USED Personal computer, including word processing software; motor vehicle; calculator; phone; copy and fax machine; tape measure. PHYSICAL The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work is performed mostly in office settings. Some outdoor work is required in the inspection of various land use developments and construction sites. Hand-eye coordination is necessary to operate computers and various pieces of offic~ equipment. While performing the duties of this job, the employee is occasionally required to stand or sit; walk; use hands to finger; reach with hands and arms; and required to hear or talk. The employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. while performing the duties of this job, occasionally works in outside weather conditions. the employee The noise level in the work environment is usually cfuiet in the office, and moderate in the field. Effective Date: 10/09/96 Resolution Number: Revision History: Planner II i I I I i I I I I I I I I I I i i I I i I I I I I i I I I I I I I I DATE: TO: FROM: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MEMORANDUM October 1, 1996 City Manager Thomas Frame Richard B. Votapka, Director of Public Works, on Behalf of the Bid Review Committee 7~5V' Recommendation of Award for Type S-3 Asphalt Resurfaeing Contract Bids for the Annual Type S-3 Asphalt Resurfacing Contract were opened on September 30,'. 1996 at 2:00 PM. A total of three bids were received from Dickerson of Florida, Inc., Ranger Construction Industries, inc, and MaeAsphalt a Division of APAC Florida, Inc. The Bid Review Committee, which consisted of Paul Wagner, Purchasing Agent, Bob Massarelll, City Planner; and myself; met this morning at 9:00 AM to review the bids. Unfortunately, no single bidder had uniformly low unit prices across the board. Ranger Construction Company had the lowest unit prices for 499 tons or more, the 20-99 ton range, and the City pick-up price per ton. Ranger Construction was higher in its unit price for the 100499 ton range and per gallon unit price compared to both Dickerson and Mac Asphalt. The Committee decided to compare the unit price for asphalt with the inclusion of the tack coat cost per gallon. The specified application rate of tack coat is 0.05 gallons per square yard applied by the paving contractor just prior to resurfacing the existing pavement. The rate does not vary with the thickness of the asphalt resuneacing whether it is 1" or 1-1/2" thick. For comparison, an average thickness of 1 1/4" of asphalt was assumed which yields one ton of asphalt applied over 15 square yards. At a rate of 0.05 gal/sy for tack coat, there would be 0.75 gallons of tack coat applied over 15 square yards for 1 ton of asphalt. Multiplying 0.75 gallons of tack coat by the respective unit prices for each Bidder, the resultant unit prices for 499 tons or more of asphalt are as follows: ig Asphalt Tack Unit Price Dickerson $36.35 + $0.59 = $36.94 MacAsphalt $36.50 + $0.94 = $37.44 Ranger Const. $33.00 + $0.64 -- $33.64 Therefore, even with the tack coat included in the unit price for asphalt based on one ton per 15 square yard area, Ranger Construction's combined unit price is still the lowest among the three Bidders. Two major collector roads are identified for resuffacing this fiscal year. Both Schumann Drive and Barber Street need to be resurfaced which will require much more than 499 tons of asphalt. Although the unit price for Ranger Construction in the range of 100499 tons is $42 per ton or $3 per ton more than bid by Mae Asphalt, paving projects can always be combined together to reach or exceed 499 tons in order to take advantage of the lower unit Therefore, based on the above reasons, the Bid Review Committee recommends that Ranger Construction Industries, Inc. be awarded the Annual Type S-3 Asphalt Resuffacing Contract for Items 1 through 5 on the Bid Form. Also, the Committee reeomrnends that the City Council authorize the Department of Public Works to purchase Type S-3 Asphalt from both Dickerson and MacAsphalt for use by the City's Asphalt Crew to fill potholes and patch areas on a daily basis in accordance with Item 25 of the Instructions to Bidders. Item 25 reads as follows: "The City reserves the right to purchase Type S-3 Asphalt for use in filling potholes and paving patches from other asphalt plants at times when the Bidder's asphalt plant is shut down or not manufacturing Type S-3 asphalt." Beyond the three asphalt plants as owned by Dickerson, Mac Asphalt, and Ranger, the round trip travel time for our Asphalt Crew is much too great to make it worth our whil~ to operate the crew and the asphalt becomes too cold to satisfactorily work with once it arrives on the job. The Ranger Construction asphalt plant is located l0 miles to the north of Sebastian; the MacAsphalt plant is located 31 miles north of Sebastian, and the Dickerson plant is located 35 miles south of Sebastian. /lk types-3 i '1 I I I i I I i I I I I I I I I i I City of Sebastian ! TELEPHONE (407) 388-8200 [] FA~[ (407) 589-5570 Subject: Amendment to Cost Share Agreement for Shoreline Restoration Project Approved for Submittal by: City Manager Expenditure Required: None Agen.da No. q~-t0 ~9 Department Origin: City Manager Date Submitted: October 3, 1996 For Agenda of October 9, 1996 Exhibits: (i)Letter dated 9-18-96 from St. Johns River Water.'..Management District; (~)St. Johns Memo Ct)Proposed Amended Agreement; IAmount Budgeted: $0 lNo Additional Approl;n'iation Required: None ' - SUMM~Y STATEMENT Attached is a proposed amendment to the Agreement between The St. Johns River Water Management District and the City of Sebastian for the Sebastian Riverview Park Shoreline Restoration Project. The approved agreement-was approved by the City council on August 23, 1995. The proposed amendment will forward to the City an additional $10,300. This covers the additional cost associated with the project, i.e. turbidity control and coquina rock. The City's share also increased due to labor and equipment costs and a small increase in fill materials. The total ci~ increase in the budget is $9,405. The total budget increases from $25,704 to $45,409. All work other than the observation pier has been completed. RECOMMENDED ACTION Move to approve to approve the proposed fn-st amendment to the abn-eement between the St. Johns River Water Management District and the City of Sebastian for the Sebastian Riverview Park Shoreline Restoration Project. WATER MANAGEMENT DISTRICT September 18, 1996 Mr. Joel Koford, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Henry ~ean, ~xecutlve [Director John R. Wehle, Assistant F. xecut~e ~re~lor ~a~ T__ Myem Ill. ~puty As~stan~ ~ut~ ~r~~t POST OFFICE BOX 1429 PA~TKA, FLORIDA 32178-1429 ~LEPHONE ~-3~4~ SUNCOM ~O ~4-3~-~ ~0 SUNCOM ~4~ F~ ~EC~V~EGAL) 3~-4125 (PERMI~NG) 3~31~ (AOMINIS~ATIONIF{NANC~ 329~5~ ~ SER~CECENTERS ~ ~5 ~a~ Way PERMITTING: OPE~TIONS: ~m 102 ~ Ea~ ~ 21~ N. ~m R~d ~7~70 TDO ~73~7~ 1~3 Ol'lando. Fk~ida $2801 TOO 407-S97-596~ Dear Mr. Koford: Enclosed are two original First Amendments to the Agreement for the Sebastian Riverview Park Shoreline Restoration Project, Contract No. 95J266. Please obtain the appropriate signatures and forward both Amendments to my attention by September 26. Thank you for your cooperation. If you have any questions concerning this Amendment, please contact me at (904)329-4271 or the above address. Sincerely, Alan Weaver, Contracts Administrator Division of Contracts Administration Department of Administration AEW/pn Enclosures William Segal, c~ma^N Dan Roach, race C}~.UaN Jame~ T. Swarm, r.~SU.E. ~is M~, s~cn~*a.v ~O FER~OI~ B~ C~ ~, ~INE Kathy Chinoy Gdffin ~ Greene James H. ~lliams Patrioa T. Harden Reid Hughes ~K~L~; reno ~c, ~ ~;ono O~WONA ~CH I i' I I I I I I i I I I I I I I I I i DATE: TO: THROUGH: FROM: SUBJECT: September 12, 1996 Pob't-it~ Fax Note M~MORA.N]~ ~ Henry Dean, Executive D/rector John R. WehIe, Assistant Executive Director Lee Payton. Director, Department of Administration~//~/~/ Lee Ryals. Director. Divis/on of Finance and Accounting ~7~/~ ~, f~'harlc$ A. Padera, Director, Department of Water Resources~ Patrick M. Sherbak, Dmpug~ D~cmr of Procurement. Department of Adm/nistr~,~o~ Consideration - Approval of Amendment #1 to the contr~t, with City of Sebast/an. Contract #95J266. "Sebastian Rivervicw Park Shoreline Re~ioration Project" This amendment will increase the current budget of $1~t,795 by $10,300 for a revised total of $25.095, and extend the current contract completion date of September I3, 1996. to March 13, 1997 (181 days). Funds are available in Account #10-42-6420-3103- DIST-31212 (IRL IAcense Plate Fund). BACKGROt~ND: The Indian River Lagoon surface Water Improvement and Management Program (SWIM).is workLng in coordination with local governments, providing funding within the IRL watershed to facilitate improved storrnwater rnanagcment and soil eros/on control techniques. At the Au~st 1995 Governing Board meeting, a cost share agreement with the City of Sebastian was approved for the construction of a shoreline restorat/on project to demonstrate sediment control teclmiques which could benefit the water and habitat quality of the Indian River Lagoon, DISCUSSION: The budget for the R/verview Park shoreline restoration project in Sebastian was based upon a relatively sma//shoreline profile with a 2:1 slope. When the shorelino was restored, more coquina f~ was used than was originally estimated~ primarily due to the slope being changed fi.om 2:1 to a mor~ gentle incline of 3:1 and 4:1, as appropriate for the area. This change provided a much better shoreline profile, but resulted in the need for more coquina rock to cover th= shoreline face. Thc cost to supply thc additional rock was $10,300, In. addition, thc City expended an additional 59,405 for thc labor and equipment costs to install the additional rock, Under the agrcement~ the District was to provide the necessary shoreline stabilization material (coqu/na) and vegetative plantings, while the City (Public Memorandum to Executive Director Page 2 September 12, 1996 1~: Con~act #95J266 Works Department) was to be responsible for all of the installation costs. A total of $40I also needs to be shifted from the filter cloth item to the turbidity item, as additional turbidity control was needed during the construction period. ~RE CO ,MMI~ND,~.. TION': Comideraiion - Approval of Amcnament #I to the conWac~ wi~ City of Scb~, Con~t ~5~266, bud~t of $14,795 by $10,3~ f~ a m~ to~ of $~,~5, ~d c~nd ~e ~nt con~t t ~1042~2~3103-D~T-3 I212 ~ H~so Ea~ Fund). . I '1 I I I I I I i I I I I I I I I I i Contract #95J266 Amendment #1 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE ST. ,lO}INS RIVER WATER MANA.GEME T AND THE CITY OF SEBASTIAN FOR THE SEBASTIAN R~ION PROJECT THIS AMENDMENT is entered into th.is ~ day of ...... ,1996, by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, whose mailing address is Post ~ffice ,,B, ox 1429, Palatka, Florida 32178-1429 ("DISTRICT"), and CITY of SEBASTIAN ( CITY ), whose address is 1225 Main Street, Sebastian, Florida 32958. WHEREAS, DISTRICT and CITY entered into an Agreement on September 13, 1995, for the construction of a shoreline restoration project to demonstrate sediment control techniques. WHEREAS, DISTRICT and CITY desire to modify the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, DISTRICT and CITY hereby agree to the following amendments: 1. ARTICLE II - SCHEDULE OF WORK: delete this paragraph and replace it with the llowing paragraph: .... i~C1TY shall complete the work under EXHIBIT A , SCOPE OF WORK, within eighteen (18) calendar months of the date of full execution of this AGREEMENT, unless the date is extended by mutual agreement of the parties hereto. The Work on this project shall begin upon the date o,f full execution of this AGREEMENT. Time is of the essence in this AGREEMENT.' 2. ARTICLE VIII - COMPENSATION: Paragraph A shall be deleted and replaced with the following: . "A. Amount of Funding: For satisfactory performance of the Work outlined in the Contract, DISTRICT agrees to pay CITY a sum in the amount not to exceed 3. rEepX~~~~ii' aSttCac~PedE ROeFvlsWe2col~n~raCc~n;ua~tgeBt udget shall be deleted in its entirety and DISTRICT and CITY agree that all other terms and conditions of the original Agreement are hereby ratified and continue in full force and effect. Contract #95J266 Amendment #1 IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment on the date set forth above. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT CITY OF SEBASTIAN By: Henry Dean, Executive Director By: Typed Name and Title Attest: Typed Name and Title (SEAL) APPROVED BY THE OFFICE OF GENERAL COUNSEL John W. Williams, Senior Assistant General Counsel St. Johns River Water Management District Page 2 of 3 i I I I I I I I I I I I I I I I I I Contract #95J266 Amendment REVISED CONTRACT BUDGET CITY OF SEBASTIAN .ITEM .......... DISTRICT SWiM CITY 1. Shoreline Construction (labor & equipment) ........................................................... $ 12,855 2. Fill Materials ............................................................................................................ 849 3. Turbidity Control ................................................................ $ 1,381 4. Filter Cloth .......................................................................... 2,724 5. Coquina Rock ..................................................................... 16,740 6. Shoreline Plantings ............................................................. 3,400 7. Mangrove Planter ................................................................ 600 8. Signs ................................................................................... 250 ..................... 250 9. Observation Pier ...... 6,360~ TOTAL: ............................................................................. $ 25,095 ..... ~!:~'. ............ $ 20,314 TOTAL CONTRIBUTION FOR DISTRICT AND CITY ............. $ 45.409 Page 3 of 3 Contract g95J266 Amendment FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE CITY OF SEBASTIAN FOR THE SEBASTIAN RIVERVIEW PARK SHORELINE RESTORATION PROJECT THIS AMENDMENT is entered into this day of ,1996, by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DiSTRiCT, whose mailing address is Post Office Box 1429, Palatka, Florida 32178-1429 ("DISTRICT"), and CITY of SEBASTIAN ("CITY"), whose address is 1225 Main Street, Sebastian, Florida 32958. WHEREAS, DISTRICT and CITY entered into an Agreement on September 13, 1995, for the construction of a shoreline restoration project to demonstrate sediment control techniques. WHEREAS, DISTRICT and CITY desire to modify the Agreement..~ NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, DISTRICT and CITY hereby agree to the following amendments: ARTICLE II - SCHEDULE OF WORK: delete this paragraph and replace it with the following paragraph: "CITY shall complete the work under EXHIBIT "A", SCOPE OF WORK, within eighteen (18) calendar months of the date of full execution of this AGREEMENT, unless the date is extended by mutual agreement of the parties hereto. The Work on this project shall begin upon the date of full execution of this AGREEMENT. Time is of the essence in this AGREEMENT." ARTICLE VIII - COMPENSATION: Paragraph A shall be deleted and replaced with the following: "A. Amount of Funding: For satisfactory performance of the Work outlined in the Contract, DISTRICT agrees to pay CITY a sum in the amount not to exceed $25,095." EXHIBIT "A" - SCOPE OF WORK, Contract Budget shall be deleted in its entirety and replaced with the attached Revised Contract Budget: DISTRICT and CITY agree that all other terms and conditions of the original Agreement are hereby ratified and continue in full force and effect. Page 1 of 3 I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I i I I I I Contract #95J266 Amendment #1 IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment on the date set forth above. ST. JOHNS RIVER WATER MANAGEM]ENT DISTRICT CITY OF SEBASTIAN By: Henry Dean, Executive Director By: Typed Name and Title Attest: Typed Name and Title (SEAL) APPROVED BY THE OFFICE OF GENERAL COUNSEL John W. Williams, Senior Assistant General Counsel St. Johns River Water Management District Page 2 of 3 ITEM REVISED CONTRACT BUDGET CITY OF SEBASTIAN DISTRICT SWIM Contract g95J266 Amendment #1 CITY I 1. Shoreline Construction (labor & equipment) ........................................................... $ 12,855 2. Fill Materials ............................................................................................................ 849 3. Turbidity Control ................................................................ $ 1,381 4. Filter Cloth .......................................................................... 2,724 5. Coquina Rock ..................................................................... 16,740 6. Shoreline Plantings ............................................................. 3,400 7. Mangrove Planter ................................................................ 600 8. Signs ................................................................................... 250 ..................... 250 ..9. Observation Pier .6.,360 TOTAL: ............................................................................. $ 25,095 ..................... $ 20,314 TOTAL CONTRIBUTION FOR DISTRICT AND CITY ............. $ 45.409 Page 3 of 3 I Contract Budget I I i 1. Shoreline Construction (labor & equipment) 3618 2. F'dl Materials '" 681 3. Turbidity Control 980 I 4. F'dter Cloth 3125 .5. Coqui~_a Rock . 6440 · 6. Shoreline Plantings ' 3400 I 7. Mangrove Planter 600 , 8. Signs . ' 250. '~" 250 I 9. Observation Pier -' ' 6360 ' - $~4,795 Sxo~oo~ I ' Total $25,704~ I I FoH.o .wing a notice to proceed, construction will be completed within 120 days after ecevmg ~DEP peruuts. Th~ project has already been permitted by the U.S. Army I orps of ~ngineers. I i I I - I I I I I i I ' I eetmg schedul ! ! ! ! ! ! ! ! City of Sebastian i 1225 MAIN S'¢REET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA FORM SUBJECT: REQUEST FROM ] PELICAN ISLAND PRESERVATION] SOCIETY TO USE RIVERVIEW ] PARK ] ] ] ] APPROVED FOR SUBMITTAL BY: ] ] ] City Manager- ,~,f~4 ~c~~,~ ] v ] AGENDA NO. Dept. Origin : City Clerk ,~-©' b~ Date Submitted: For Agenda Of: OCTOBER 1, 1996 OCTOBER 9, 1996 Exhibits: Ruth Davies letter dated 9/14/96 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMM~RY STATEMENT The Pelican Island Preservation Society is requesting permission from the City Council to utilize Riverview Park on Sunday, March 9, 1997, for the 94th anniversary of Pelican Island National Wildlie Refuge from 9:00 a.m. to 4:00 p.m., with the use of electricity. 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. 8. Applicant to coordinate with Public Works Department for use of electric RECOMMENDED ACTION Move to approve the request from Pelican Island Preservation Society to use Riverview Park on Sunday, March 9, 1997, including electric, with standard conditions. "1 I I I i I I I I I i I I I I i I i ! Preservation $ocie , Inc. ! President Bob Craig Vice President I A nne Putman Secretary I Ruth Davies 561 / 589-3687 Treasurer Panla Moye 561 / 676-2277 Board Members Bud Kleckner Rich Menner I Sue Ring Peg Rondeau Susan Smith Ex officio Bria~ Toland Paul Tritaik September 20, 1996 Mr. Thomas Frame City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Frame: Pelican Island Preservation Society (PIPS~ fully supports the concept of the stormwater park as put forward by Craven Thompson and Associates. An ambitious and workable plan has been proposed to address the current deficiencies in the city's stormwater system. We urge the city to adopt and to implement the stormwater management plan, including the stormwater park concept. We feel this should be an excellent solution to the city's stormwater problems. This project, when fully developed, will prove to be a "bonus" for all Sebastian residents in that it will provide some added green space in the middle of the city. We wish to commend John Hill for his excellent community outreach programs to Sebastian residents. He proved to be a polite and patient man who never seemed to mind the criticism of the residential "experts." Ruth Davies, Secretary PELICAN ISLAND PRESERVATION SOCIETY (PIPS) cc: John Hill, P.E. P.O. BoxIg03 · Sebastian, FL 32978 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL AGENDA NO. DEPT. ORIGIN DATE SUBMITTED: SUBJECT: Craft Club use of Riverview Park City Clerk/~,O"~ 9/24/96 MEETING DATE: 10/9/96 APPROVED FOR SUBMITTAL BY: EXHIBITS: Letter of request dated 4125/96. Pages 8 & 9 of Minutes of May 8, City Manager: .-~~.~,~ 1996 U EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMEN'~ At the Regular City Council Meeting of May 8, 1996 City Council approved the Craft Club use of Riverview Park for a craft show on 11/5/96 with a rain date of 11/6/96. Please revise for Saturday 11/2/96 with a rain date of 11/3196. RECOMMENDATION Move to approve the correct date for the craft show of Saturday, 11/2/96. Re~o~iar Cirv Council ,),reefing 96.080 E. Fourth of July Committee - Request Approval for l) LaPorre Farm~ .amimal Pe.q:ing Zoo 0qVv' Corem-) in ~,ve~-dew Park on 7/4/96; 2) Cathy Lees Pony Rides and Photo, Saow (SW Corner) in Riverview Park on 7/a/96; and 3) Liens Cluo to Serve O'Douts Non- AAcoholic Beer (City Clerk Tranamit~ ,,t/30196, Pawtua Le.-zer .4/v~q/96, 74-3 Code) ~90 F. Cra~ Club of Sebastian - l~:qnest Use of Rive~-vieu Pa~ - Cralq: Shows- 10/5/96, I1/5/96, 1~7/96, 1~8196, IAV97, Z/1/97, 3/1/97- Raindat~s Sunday Following F_xc~: December - 96.091 O. Sebas6an Rive,,- ;aa-r Club,- Re-quesz Use of ,qSve`,-v{~w Shows- I b'16/96, IWI&96, 1111/97, W15/97, 3/8197 and~4/20/97- Standard Conditions (City. CIm-k Tmm~ni~ ',-g22/96, Hem'e= Le=er) Co ,m~. ,t?ty Center - Mothers Day Dance - 5/10/96 L8 p.m_ to Midnight - Admission Fee - Seearity Pd (City Cle~ l~'msmircal · 4/30/96, Appticadon, F, xcm-pt ofR-94-50) , The Ciw Manau~ rea~. the consent agenda and ~e City Attorney ~ead Resolur~on No.-R-96-~7 by tide only. Mr. Taracka and Mayor CartwriOt removed imm E. . MOTION by, Barne~/Damn I make a motion ro ~rove &e consent ~=da ireraa ~ B, C, ID, F, G, andFE ' ' City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 i CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Ordinance No. O-96-16 Outdoor Fires AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: MEETING DATE: 10/3/96 ....10/9/96 APPROVED FOR SUBMITTAL: EXItlBITS: 0-96-16 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council conducted a workshop on August 28, 1996 to review the City's policy on outdoor fires due to the fact that some members expressed concern that the existing ordinance did not provide adequate grounds to deny variance requests. Variance procedures were removed and outdoor fire requirements were strengthened. The first reading on proposed Ordinance No. 0-96-16 was September 11, 1996. RECOMMENDATION Read Ordinance No. 0-96-16 for the second time, conduct a public hearing and move to adopt Ordinance No. O-96-16. ORDINANCE NO. 0-96-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 42-48 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "OUTDOOR FIRES", CHANGING THE TITLE OF SECTION 42-48 TO "CONTROL OF OPEN BURNING"; PROVIDING FOR OPEN BURNING RESTRICTIONS; PROVIDING FOR EXCEPTIONS AND RESTRICTIONS AGAINST OPEN BURNING; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida ("City"), finds that it is in the best interest of the citizens of the City of Sebastian to restrict open burning to the greatest extent possible; and WHERE~S, additional restrictions on open burning furthers the public safety, health and general welfare of its residents; NOW, THEREFORE, BE iT ORDAINED BY the City Council of the City of Sebastian., Florida, as follows: Section 1: Section 42-48 of the City of Sebastian Code of Ordinances relating to open burning is hereby amended as follows: Sec. 42-48 Control of Open Burning. A. Open Burning Restrictions. No person shall cause, suffer, allow or permit open burning except as provided herein. No person shall fail or refuse to take all reasonable and necessary steps and precautions to prevent open burning upon any premises owned, occupied or under control of such person. No person shall fail or refuse to take all reasonable and necessary steps and precautions to extinguish or otherwise terminate and abate any open burning which has originated through any cause whatsoever upon any premises owned, occupied or under the control of such person or upon premises upon which such person is carrying out any operation or activity. ' I i i i I i i i I I I i I I I I i I B. The following are exceptions and restrictions against open burning: (1) Campfires used solely for recreational purposes, warming fires for outdoor workers, fires for noncommercial cooking, and small fires for ceremonial purposes are allowed anywhere within the City without any permit from any governmental body provided that the fire does not create excessive smoke, or cause a nuisance in any manner. Small household trash and household paper product fires are prohibited. (2) Open burning of vegetation and wood materials resulting from land clearing. Open burning of wood and vegetation piled up during a land clearing operation may' be permitted provided all of the following conditions are complied with: .~ " (a) The burning shall first be approved by the Division of Forestry, the fire chief and the City Council. In order to approve a request to allow open burning under this subsection, the City Council must find that it is in the public interest; (b) All of the requirements of Chapter 17-5 of the Florida Administrative Code must be met; (c) An air curtain incinerator permitted by the State and County must be utilized in connection with burning of materials; (d) The fire shall be at least 1,500 feet from the nearest occupied building and at least 150 feet from the nearest public road; (e) The piles of materials to be burned shall burn out completely one hour before sunset; (f) Burning shall be conducted only on days of low pollution potential, and only between the hours of 9:00 and 4:00 such a.m. p.m. on days; (g) Smoke shall not blow over a road to obstruct vehicular traffic; (h) Air traffic shall not be obstructed; (i) Prior authorization shall be obtained from the division of forestry, the Chief of the fire department and the City Building Official; (j) Only clean fuel not containing garbage, rubber, plastics or other refuse shall be allowed for the start-up of fires; and (k) The burning of tires, other rubber materials, roofing materials, plastics and creosoted wood are prohibited. C. Cancellation of fires. Any police officer, fired department officer or code enforcement officer of the city may order the immediate termination of any outdoor fire within the city limits if weather conditions change, whereby a fire may constitute a dannger of wild fire, air pollution, or other"nuisance. Seotion 9: if any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly ornecessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Section 10: This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. i i I I i I I I i I I I I I i I i I I Section 11: This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the city Council. The foregoing Ordinance was moved for adoption by Councilmember Councilmember vote, the vote was as follows: . The motion was seconded by and, upon being put into a Mayor Louise R. Cartwright Vice-Mayor Walter Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1996. CITY OF SEBASTIAN, FLORIDA By: Louise R. Cart~r--~ght, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney I i I I i I i I I i i I i I i I I In the past, the division of a lot was viewed not as creating lots, but the elimination of a lot and, therefor, not covered under the code. It is the opinion of the current staff and city attorney that this interpretation is incorrect. The staff has developed a proposed ordinance to address this matter. The ordinance would create a third type of subdivision - the division of a single lot. It would provide for a procedure for the administrative approval of such a subdivision. The Planning and Zoning Commission considered this matter at their September 4, 1996 meeting and voted unanimously to recommend approval of Ordinance 0-96-30 to the City Council. The City Council held the first reading of this Ordinance on September 11, 1996. RE COMMENDED ACTION Hold public hearing and second reading of 0-96-30. Ordinance 0-96-30 and adopt Ordinance I I I I I i I I I i I I I I I I i I I I i I I I I i i i I I I I I I i I ORDE'VAN~ NO. 0-96-30 AN ORDINANCE OF THE CrlT OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AME~ING ~ LAND DEVELOPMENT CODE REGARDING AME~ING ~ CLASSIITICATION OF SUBDIVISIONS TO INCLUDE DIVISION OF A SINGLE LOT; REGARDING ~ RESPONSIBILITIES OF THE PLANNING AND ZONING COM3ilSSION; ESTABLISHING PROCEDURES FOR THE APPROVAL OF ~ DIVISION OF A SINGLE LOT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. WltlgREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to the division of a single lot and providing for a procedure to approve the division of such a lot; and WItEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW TItEREFORE, BE IT ORDAIN'ED BY THE CITY COUNCIL OF ~ CiTY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-16.1.C. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: C. Division of~a sin~le lott mMajor and minor subdivisions. All future subdivisions of land within the corporate limits of the City of Sebastian shall be classified as being a "division of a single lot", "major subdivision" or "minor subdivision" ~ as defined herein, and shall be subject to the regulations of this code as they apply: 1. Division of a sin.~te lot. A. nv subdivision of a lot or tract in a platted subdivision into two parcels that abut an accepted street right-of-way, does not require an_y off-site improvements to any roads, drainage system or utilities and conforms to the reauirements of Article XVII and Article XVIII of this code. Any..tract of land that is subdivided as a division of a single lot can not be further subdivided unless it meets the requirements of a minor or major subdivision. (a) Minor subdivision. Any subdivision of land meeting the following conditions: (1) having four (4) lots or less on an existing street or road; (2) does not require construction of a new street or road; and (3) does not require off-site improvements to any roads, drainage system or utilities and is not a division of a sing!..e, lot subdivision. Co) Any tract of land that is subdivided as a m/nor subdivision can not be further subdivided unless it meets the requirements of a major subdivision. Major subdivision. Any subdivision not classified as a division of a singlle Jot or a minor subdivision. Section 2. Section 20A-16.2.B. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: B. General responsibility of planning and zoning commission and mandated compliw~ce with comprehensive plan and zoning. Prior to the approval of any proposed minor or maior subdivision, the area to be subdivided shall be determined by the city planning and zoning commission to be consistent and in compliance with the comprehensive plan and zoning policy applicable to the land and use under consideration. Section 3. Section 20A-16.5. of the Land Development Code, City of Sebastian, Florida is hereby created to read as follows: I i I I i I i i i I I I i I I I i i I I I i I I I I I I I I I I I I I I Sec. 20A-16.5. Division of a single lot procedures A~ Application. Application for a division of a single lot shall be in a form prescribed by the Community Development Director, copies of which may be obtahaed from the Community Development Department. The fee for application for a division of a single lot shall be determined by resolution by the city council. The application shall contain the following: 1. A legal description and survey of the lot to be divided, 2. A legal description of the two parcels to be created, 3. A legal description and dedication of any easements required pursuant to Sec. 20A-17.2.F. of this code for the new parcels, 4. A unity of title, in a form approv~ by the city attorney, tmif3ring adjacent parcels and lots if the division of the original lot results in a non-conforming parcel, 5. An application for vacation of easement, if necessary. B. Review procedures. The application for the division of a single lot shall be reviewed by the Community Development Director and City Engineer to ensure conformance with this code, the Comprehensive Plan and the City of Sebastian Code of Ordinances. The division of a single lot may not result in the creation of a non-conforming lot. All lots created by a division of a single lot shall have area, frontage, width and depth required by the zoning district in which said lots are located and shall be reviewed to assure that the lots continue to conform to the requirements of Article XVII and Article XVIII of this code. C. Approval. Upon determination that the request for a division of a single lot is consistent with this code, the Comprehensive Plan and the City of Sebastian Code of Ordinances, the Community Development Director shall approve the application. In the event that a vacation of easement is required, approval of the application shall not occur until the vacation of the easement is approved by the city council. D. Recording. Upon approval of the division of the single lot, the applicant shall record the legal description of the lots created, any unity of title and any dedication of easement with the clerk of the circuit court. Section 4. Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 5. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6, SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, tach unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 7. CODIFICATION. It is the intention of the City Council of the City of EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS __ DAY OF , 1996. PASSED AND ADOPTED BY TIlE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF 1996. i i I I I I I I I I i I I I i I i I The foregoing Ordinance was moved for adoption by Councilmember -- ~ _. The motion was seconded by Councilmember __ ~ and, upon being put into a vote, the vote was as follows: Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Hailoran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this day of . ,1996, CITY OF SEBASTIAN, FLORIDA By:~ Louise R. Cartwright, Mayor ATTEST: o , Approved as to Form and Content: ~alerie Settles City Attorney City of Sebastian 1225 MAIN STREk-'F 5J SEBASTIAN, FLORIDA 32958 TELEPHONE (407) $88-8200 a FAX (407) 58%$570 Subject: Amended Developer's Agreement Between The City of Sebastian, PTC Enterprises, Inc., and Lennar Properties Limited Partnership for the development of the "Winn DLxie' site and the correction of deficiencies to Laconia Street. Approved for Submittal by: City Manager Expenditure Required: None E,-thibits: Amount Budgeted: $0 Agenda No. ~'/~2~ Department Origin: City Manager Date Submitted: October 3, 1996 For Agenda of October9, 1996 Resolution No. R-96-72 Proposed Amended Agreement i Required: None No Additional Appropriation SUMMARY STATE~ Attached is a revised version of the developer's agreement approved by the Council on April 10, 1996. Following the approval, three sets of the documents were sent to the developers' representative. Subsequently, there were a number of disputes between the developers' engineers over a question of design for the correction necessary for Laconia Street. The dispute lead to joint meeting of the developers' engineers here in city hall along with engineering representatives of the city along with myself. The changes to the April 10 version of the developer's agreement are sufficient to protect the City and at the same time provides the opportunity for Lennar to resolve any design issues on the corrections to Laconia, and allow PTC to begin construction of the proposed Winn Dixie. The attached copy of the revised agreement uses strikeout to delineate deletions and underline to delineate additions to the tea. A number of the changes are for clarity purposes or make corrections to previous tea. There are changes in timing of some of the tasks. Once the developer's agreement is approved, Lermar has 90 days instead of 60 days to submit to the City revised engineering plans. The costs of review of revised plans by City Engineer is to paid by Lennar (not exceed $5,800) and completion of the improvements shall be within 250 days (,instead of 210 days) of the later of either the date the Lennar plans are approved by the City, or the date construction commences on the PTC property (Winn D/x/e). This change would allow some fle>dbility in time completion by allowing the clock to start after the PTC construction commences. PTC will also have the time to complete both the Laconia and Roseland Road improvements increased from 210 days to 250 days. All right-of-way improvements by both Lennar and PTC shall be secured by appropriate performance bonds. These are the major changes between the agreement before you for consideration and the agreement approved on April 10, 1996, RECOMMENDED ACTION Move to approve Resolution No. R-96-72 approving the mended Agreement between the City of Sebastian, PTC Enterprises, Inc., and Lennar Northeast Properties Limited Partnership. '1 I I I i I I i I i I i I I I I I I REsoLUTION NO. R-96-79- CiTY OF sEBASTIAN, INDIAN A ~soLUTION OF THE ~NG ~ AUTHORIZING THE ~YOR ~, ~DA, ~P~ .... F OF T~E CI~,. ~ AG~E~NT C~ ~' _~ ~ SE~TI~' -- I~D P ~ONG THE ~'~ ~.~-~T P~~ L~.~T TO TSE ' ,, T~T ~ HE CI~ u~ ~ - ('~LK~)L --~NT BE~EN T ~,~. p~~IP, ~=n~T~ ~ ~ - .... ~- p~ov~DING ~'~m .... p~OVlDl~ ~_ .... ~n n~E~'r ~ -_ .... ~ ~W ,~SoLUTI~m~ os O~ p~TS OF ~S~U'~,~ =~oV~DING FO~ ~ FO~ SE~~LITx' ~ ~ . ,,~e~,,% and sebastian 9, ~994 by adoption of 5esolution No. 5-93- Agreement on February . t~ ~rovisionS of ~63.3220 and -~ ~o develOP real property unaer ~= ~ · . ~cal Gover~ent ~' ~ -tatutes, and the Flor~aa ~63.3243, Florida nt Act; and Development Agreeme · .__~ eh eveloper to __ th~ Development Agreement requ~n~ ~..e D --e WHE~' ~ . .... ~a street and those ~mprovementS a~' property; and _ ~ ~ ~h~ subject property ~E~, Lennar is the owner o[ ali ~ . . evelopment Agreement less the PTC propertY. described in the D . .~ ~ot issue development approvals to pTC~ the City wzzz ~ ~ ~. or Lennar unless and until the deficiencies and construction of Laconia Street and its drainage system are corrected and Roseland Hoad is constructed to the satisfaction of the City; and WHEREAS, the City of Sebastian has negotiated an Agreement amending the Development Agreement ("Amendment"); and the City Council hereby ratifies the previous Council's approval of the Amendment and further approves non-substantive changes negotiated by the City Manager. WHE~, the Planning and Zoning Commission for the City of Sebastian, in accordance with 163.3225, Florida Statutes, conducted a public hearing on the proposed Amendment at a Special Meeting on February 8, 1996; and WHEREAS, the City Council of the City of Sebastian, in accordance with 163.3225, Florida Statutes, conducted a public hearing on the proposed Amendment, and, subsequent to deliberation, determined that it would be in the best interest of the City of Sebastian and its citizens, and in furtherance of a valid municipal purpose, for the City of Sebastian to enter into the Amendment with PTC Enterprise, Inc. and Lennar Northeast Partners Limited Partnership; and WHEREAS, the City Manager has negotiated certain non- substantive changes to the Amendment; and WHEREAS, the City Council desires to incorporate those changes. I I I I I i I I I I I i I I I I I I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. APPROVAL OF AMENDMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are authorized to sign, on behalf of the City, Sebastian Lakes Associates, a copy of which is incorporated herein as Exhibit "A" and by incorporated herein. Section 2. RECORDING AND SUBMITTAL. Chapter 163.3225 F.S., the original A~endment the Amendment with attached hereto and this reference is In accordance with shal~, be filed with the City Clerk to the Clerk of the Circuit Court for Indian River County for recording and a copy of the recorded Amendment shall be filed with the Florida Department of Community Affairs by the Director of Community Development. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. effect immediately upon its adoption. foregoing Resolution was moved The Councilmember seconded by Councilmember 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 This Resolution shall take for adoption by The motion was and, upon being 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: Valerie F. Settles, City Attorney 4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i This Agreement made this day of , 1996, by and among PTC ENTERPRISES INC., hereinafter referred to as "PTC" LENNARNOR~T PARTNERS LIMITED PARTNERSHIP, hereinafter referred to as "Lennar" and the CITY OF SEBASTIAN, a Florida Municipal Corporation, hereinafter referred to as "City". RECITALS: WHEREAS, the City and Sebastian Lakes Associates, hereinafter referred to as "Deve!cper" entered into a Developer's Agreement, hereinafter referred to as the "Development Agreement" on February 9, 1994, to develop the real property (property) described on Exhibit "A" to the Developer's Agreement under the provisions of Sections 163.3220 to 163.3243, Florida Statutes, '~'and the Florida Local Government Development Agreement Act; and, WHEREAS, the Developer's Agreement required the Developer to construct Laconia Street as a two lane facility from Grandeur Avenue to Fellsmere Road (C.R. 512); and, WHEREAS, the Developer undertook the construction of the we~t ~ such street, but there are deficiencies in the design and construction of such street and its drainage system; and, WHEREAS, Lennar and ?TC acquired their respective interests in the property described in Exhibit "A" and Exhibit "B" attached hereto as successors in interest to the Developer; and, WHEREAS, PTC desires to obtain the development approvals to commence construction on the "PTC Property" which is described in Exhibit "B" attached hereto subject to the Developer's Agreement; and, WHEREAS, Lennar is the owner of all of the property described in Exhibit "A" to the Developer's Agreement less the PTC Property (the "Lennar Property"). W~tEREAS, the City will not issue development approvals to ?TC or Lennar unless and until (a) the deficiencies in the wq~X lane = ....... =~_~~ of Laconia Street and its drainage system are corrected, and (b) the ~'~o~ of Rose!and Road ~e~.~ee~~ ~ ~ ~ Fe!!smere R~ad (C..R. 512) a.~ Laconia Stree~ is constructed to the' satisfaction of the Ci~'~; a[d, WHEREAS, In order to obtain development approvals for their respective projects, PTC will build the Roseland Road ~x~nsion and Lennar will convey to the City the additional property to build the Roseland Road extension, and the constructZon on imurovements to th~ yest l~n~[ LaConia Street is to be divided as follows: (1) PTC wilI ~ndertake the construction of Laconia Street at the intersection of Roseland Road, and (2) Lennar will undertake all improvements to the west. lane of Laconia Street (other than the part to be improved by PTC), ~Ciuding any necessary drainage for th~ west !an~ of Laconia Street; and, WHEREAS, the parties desire to reduce to writing their understanding and agreements, IT IS, THEREFORE, agreed as follows: 1. Recitals. The Recitals in this Agreement are true and correct and are incorporated by reference. 2. Lennar Construction_of Laconia. Lennar shall correct th9. d~ficiencies in the construction ~een~inee£ an~ zeconstruct~aconla~ ~ct'eet and drainage facilities for the west lane Q~ Laconia Street in accordance with the Approved Lennar Plans from Grandeur Avenue to Fellsmere Road except for the improvements shown in Exhibit "C" (which are the improvements required to be constructed by PTC in order to connect and align Laconia Street with the newly constructed Roseland Road, which improvements are addressed in paragraph. 3 hereof and referred to herein as the "PTC Laconia Street Improvements." Ail other improvements made to Laconia Street pursuant to this paragraph 2 shall be referred to herein as the "Lennar Laconia Street Improvements.") The reconstructed road s~hall i~%cl~d= const~cticn of an adequate surface a~ld subsurface drainage system te buiZd a~d mai~tai~ t.he road. The zeengi~eering ~or~9~ion shall include the collection and analysis of geotechnical and materials information, including but not limited to asphalt and base course thicknesses with full gradation testing of the existing pavements on both the west lane and the twelve foot (12') wide east lane. Soil testing sha--~--be performed to determine the suitability of==he sub-base material for the roadway support. The reenginee_ing~ ana_~sis~ ~ must include alternate pavement ¼ V ~t-arr~a~c~. Lennar will su~mit re iced engineering plans (the "Lennar Plans") and technical information to the City Engineer within ~ ninety {90} days of the execution of this Agreement. The revised" engineering plans and reconstruction tD correct_ the deficiencies to the..w~st, iane of Laconia S~reet and its drainage facilities ~st be ~easo~ablv approved oy the City Englnevr (the Lennar Approved Plans ). Lenna~ aq__e$ ~h~t any addi. tional reasonable costs {which the CAtv ~ee~ to ~ee~ i t~ ~ minimum)' not to exceed $5,800.00, aSSoci~e~ wit~ ens~e=~inc re ze~s.of the Lenn~r mlans _o~...La~p_2za bv the Cztv Encznee_ wzll be born totally bo t~nar uuen invaiced ~avment ~e~u~sts bv the City of Sebas~hn[ Florida. ~aitu~e of re'nar ~Q."~rome~!~ make sud invoiced payments !rty (30k-daYs of ssi% inJsice shall be ~ubject to a late D..9.Qat~y Qf 1.5 %...int.~rest m©2~hly on the unpaid ~ba!anc%l Failure of Len.nar..[~ make such ~n%oice¢ pa!~mpnts ~within ninety days {90} days Df said invoice ~hal! be ~e~d a default of this a~reement by Lennar. new lkfd'lFF r°ff2e~i ~J em~=D~c~l%~t~Jfs t hm~s?e~arr eAff~frTfedr f~a~ 'i substantially constructed by Lennar within two hundred fifty (250) days from the later of {i) the date the Lennar Plans are approved by the City Engineer or {iii the ~ate develoD~n~.._of the PTC 9ro~ertv cQmmences. The CitY's Engineer will i~spect the road and Lennar that the road and drainage facilities are c~mo!eted.~' Lennar will correct any deficiencies within thirty {30) day~ if the City's Engineer finds such deficiencies from the Lennar any Approved Plans. Lennar will post a Performance Bond in the amount determined by the City engineer to be sufficient to complete the Lennar Laconia Street improvements with the City to secure the performance of its obligations under this Agreement. The Performance Bond must be approved by the City Manager and the City Attorney. Such Performance Bond must be issued by a surety which is authorized to do business in the State of Florida. Such surety shall be named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. Ail bonds signed by an agent must be accompanied by a certified copy of the authority for the agent to act for the On completion of al_ im~=~vements and prior to the re_ease of surety. ] ~ ~ , , ] ~ ' the performance bond, the engineer of record for Lennar shall provide an affidavit indicating that all improvements have been constructed in accordance wiEh the AD,roved Lennar Plans. Upon delivery of such affidavit and the ccmpletion of the improvements to the satisfaction of the City, then either (ak if the PTC Laconia Street Improvements have peen completed, the City shall accept the Laconia S~reet imurovemen=s in5o its permanent maintenance procram, or (b) if the PTC Laconia Street Improvements have not been completed, the City shall agree to accept the Lennar Laconia Street Improvements into its permanent maintenance program upon completion of the PTC Laconia Street Improvements. The completion of the Lennar Laconia Street Improvements will be deemed satisfactory to the City if Lennar causes all deficiencies from the approved Lennar Plans identified by the City's engineer during his inspection to be corrected to the reasonable satisfaction of the City. 3. PTC Construction of Laconia. PTC will undertake the construction of Laconia Street at the intersection with Roseland Road in accordance with the plans and specifications which are attached as Exhibit "C." The plans and specifications for the PTC Laconia Street Improvements attached hereto as Exhibit "C," together with the Approved Roseland Road Plans (as defined in paragraph 5 below) shall be collectively referred to herein as the "Approved PTC Plans." PTC will apply for a building permit and all subdivision approvals as soon as possible after the exedhtion of this Agreement. PTC shall substantially complete its improvements to Laconia Street within 210 250 days after the issuance of a building permit by the City of Sebastian. The City's Engineer will inspect the road and drainage facilities within fifteen (15) days after the road and drainage facilities are completed. PTC will correct any deficiencies within thirty (30) days if the City's Engineer finds any deficiencies. PTC will post a Performance Bond in the amount determined by the City engineer to be sufficient to complete all improvements called for by the Approval PTC Plans with the City to secure the performance of its obligations under this Agreement prior to issuance of the building permit. Such Performance Bond must be approved by the City Manager and the City Attorney. Such Performance Bond must be issued by a surety which is authorized to do business in the State of Florida. Such surety shall be named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. Ail bonds signed by an agent must be accompanied by a certified copy of the authority of the agent to act for the surety. On completion of all the PTC Laconia Street Improvements and Rose!and Road and prior to the release of the performance bond, the engineer of record for PTC shall provide an affidavit indicating that all of the PTC Laconia Street Improvements and Rose!and Road have been constructed in accordance with the Approved PTC Plans. On completion of the PTC Laconia Street Improvements and Roseland Road in accordance with the Approved PTC Plans, the City will 4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I i accept such improvements into its permanent maintenance program. 4. Richt of Way Deeds and Easemen~. PTC shall dedicate utility easements to Indian River County in a form approved by the County to provide for public water and wastewater facilities as described in Exhibit "D." PTC will dedicate drainage easements to the City for the drainage of Roseland Road as described in Exhibit "E." The easements shall be in a form approved by the City Engineer and the City Attorney. 5. Roseland Road. In accordance with the Developer's Agreement, PTC will construct for the City a two lane road with turning lane and drainage facilities known as Rosetand Road from Fellsmere Road (C.R. 512) to Laconia Street within ~ 250 days after the building permit is obtained by PTC. The roadway and drainage facilities will be designed and constructed in accordance with good engineering practice and the plans PTC has submitted to the City shown as Exhibit "F" (the "Approved Roseiand Road Plans"). The City's Engineer will inspect the road and drainage facilities within fifteen (15) days after the road and drainage' facilities are completed. PTC will correct any deficiencies within thirty (30) days if the City's Engineer finds any deficiencies. 6. Relocation of Rose!and Road. The right of way on the property for Roseland Road must be relocated to align properly with the Roseland Road right of way north of C.R. 512. Lennar will convey to the City the real property described in Exhibit "G" and quit-claim to PTC the real property described in Exhibit "H" simultaneously with the City's vacation of the real property described in Exhibit "H," the City's quit-claiming the real property described in Exhibit "I" to PTC, and the payment by PTC to Lennar of certain sums of money, the amount of which is set forth in a separate unrecorded agreement between Lennar and PTC. 7. Join~CooDeration. PTC and Lennar acknowledge Laconia Street provides access to occupied residential units. Access to the residential units must be maintained at all times during construction. PTC and Lennar must cooperate in engineering, scheduling and conducting the construction of the roadway and drainage improvements for Laconia Street and Rose!and Road in order to provide for the maintenance of traffic, maximize public safety, and minimize public inconvenience. PTC and Lennar, within ten (10) days of the e~ec~tion of this A~ueemen~, issuance o~. a bui!dinc Derm..it .to PTC, shall provide the City a written plan coordinating and scheduling the engineering and construction which will accomplish these objectives. This plan must be approved by the City Engineer (Mastet~e~ & ~+~leu, inc.) prior to the commencement of construction of any road or drainage improvements. The City Engineer shall approve the plan within thirty (30) days of the date it is submitted. If the City Engineer does not disapprove the plan within such thirty (30) day period, it shall be deemed approved by the City Engineer. If the date of approval is more than ten (10) days after the date of submittal, the time for completion of the Lennar Laconia Street Improvements will be extended by the number of days in excess of ten (10). The cost of implementing the plan shall be split equally between PTC and Lennar. PTC and Lennar's compliance with the plan after approval by the City Engineer is considered a material duty obligation of each under this Agreement. PTC a~rees...t~ cause all construction vehic.les necessary for the development of the PTC Property to acce.s~, the PTC Prouertv only from County Road 512 Eellsmere Road~ or the intsrsection between ~a~d County Road ~nd..Laconia Street. 8. Completion of Improvements. PTC must complete all of the improvements for which PTC is responsible on Roseland Road and the PTC Laconia Street Improvements and the final plat for Tracts 1 and 2, described in Exhibit "B", must be accepted prior to the issuance of a certificate of occupancy for any part of the.~TC Property. 9. Separate ResDonsibilitv. PTC and Lennar will be responsible for carrying out their respective duties and responsibilities under this Agreement, but shall not be responsible for fulfilling the duties of any other party under this Agreement. 10. Notice Provision. Ail notices, requests, consents, and other communication required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, or sent by overnight carrier (such as Federal Express) addressed to: IF TO PTC Patrick T. Christiansen, President PTC Enterprises, Inc. 12th Floor Citrus Center 255 South Orange Avenue (32801) Post Office Box 231 Orlando, FL 32802-0361 IF TO LENNAR Lennar Northeast Partners, Partnership c/o Lennar Partners, Inc. Attention: Pete~B Hoe!zie 600 Peachtree Street, Suite 3500 A~lanta, GA 30308 Limited I I I I I i I I I I I I I I i I I I i i' I I I I I i I I I I I I I i I I I WITH A COPY TO: Rubin, Baum, Levin, Constant, Friedman & Bilzin, P.A. 2500 First Union Financial Center Miami, FL 33131 Attention: Audrey Ellis, Esquire IF TO THE CITY: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 11. B. uildin~ Heicht. Lennar and PTC agree to limit the building height on the real property described in Exhibits "A" and "B" to a maximum of thirty-five (35) feet. 12. AmendmenL..to Dove!oDer's A~reemen.~.. This Agreement constitutes an Amendment to the Development Agreement dated February 9, 1994, and any provisions of that Agreement which are not specifically amended in this Agreement shall remain in full force and effect. In the event of any inconsistency between the provisions of this Agreement and the Developer's Agreement, the provisions of this Agreement shall govern and control; 13. SeverabiAitv. If any provision of this Agreement is held to be invalid or unenforceable by a Court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect. 14. Enqirety: This Agreement represents the entire understanding and agreement between the parties and no other agreements, either oral or written, exist between the parties. 15. Eff~gtive Dat~. This Agreement shall be effective upon its execution by all parties. IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first written above. CITY: THE CITY OF SEBASTIAI~ Kathryn M. O'Ha!loran CMC/AAE, City Clerk By: Louise R. Cartwright Mayor Approved as to Form and Content: Valerie F. Settles City Attorney PTC ENTERPRISES, INC. BY: Title: LENNAR NORTHEAST PARTNERS , LIMITED PARTNERSHIP By LENNAR NORTHEAST HOLDINGS, INC., General Partner By: Mark P. Griffin Vice President i I I i I i I I I I i I I i I I I I I I i I OCT-OZ-g~ 04:0~ From:AKER~N SENTERFITT EDISON T-024 P.04/12 Job-OG1 ~XHIBIT "A" LTGAL DESCR_"PTSON FOR OVE.~ALi TR.%CT A PORTION CF TRACTS "A" ;%,ND "~:', ACCORDING TO ~ R~CORD PLAT OF S~BASTiAP~ LAi~$ LDTiT ONE, AS REC0~ED iN PLAT BOOK 12, PAGES !I A~ ~'~ ROS~L~ RO~, ~O~ P.~TIC~LY DES~iBED AS: -~!Gi~r~i'~G AT Tk'~ ..~ORTLr/RL? MOST CORONER OF ~CT "A"; T~NCE R~ ~ST?L~LY ~ONG T~ SO~H LL~ OF ~ELLS~P~ RO~, ~ !S ALSO Th= D~QR~ L~ OF T~ "A", A'B~NG OF SO~H ~7~42'45'' ~ST A Ji~T~3TC~ OF !0C4.29 FEET TO T~ ~T~LY Ri~-OF-WAY Li~ OF RCS~ RO~; T~ RL~ SOb~ 52'16 ' i~" ~T ALONG SAZD ~AS~';~LY ~G~-OF-wAY A nzSr~ OF ?Zg.Z~ ~T TO ~ ~0~ OF CURVA~b~; RS~ T~N~ ~0NG S~D ~ TO T~ ~ WI~ SAID ~ ~%ST, A CiO~ ~ST~ OF 62.95 FTET, A LENGTH 0F 78.~7 ~ET, TO T!~E WIST~RLY RI$~-OF-WAY LI~ OF ~CONIA ST~ET; ~~ RS~ NORTH 00:24 ' 25:' ~ST A DIST~=~ CF 1225.46 ~T; ~~ R~ SOUTH 27' "~ ' 45" -- ~ST A DIST~ 0F 16.20 ~T T0 T~ PO!~ OF ~ZGi~i~G. SAiD ~.~L CO~T~NS 9.36 A~$, MO~ OR ~S. OCT-OZ-g$ 04:0Q From:AKERMAN SENTERFITT EDISON 407~36E$10 T-Q24 P.05/12 Job-O~l EXHIBIT "B" LZGAL DESCRIPTION FOR TRACT i A .=CP. TiGN C~ T.%A2TS "A" A~\'D "S", ACCORDING TO T~ ~CO~ ~T OF S~ASTi~r.-~S ~IT 05~, AS REC0~ iN ~ ~OOK 12, PAGES 11 iiA, CF'~=~- PL~LiC RECO~S OF I~I~ R!~R CO~Y, FLORIDA, A2~ RCSEL~ RO~,. MO~ P~Ti~LY DESCRIBED CC'-~---~'N-CiNG AT THE NORT~RLY MOST CORNER OF TRACT "A"; .~HENC_T RL'1~ WEST~i~LY -~ONG ~E ~O~ L~ OF ~LL~ RO~, ~I~ ~S -~0: T~! NOR~ L~i'~E OF T~CT "A", A B~ING OF SOb~ 37"43'4S" ~ST, A DZST~ OF 41~.72 ~T TO ~ PCL~ OF B/Gi~iNG: ~CE CO~~ ALC~G SAiD SC~~Y RI~-OF-~'AY SO~ 37'43'45" ~ST A CF 5~0,57 ~ET TO T~ ~~LY ~G~-OF-WAY LI~ OF RC~; T~ R~ SO~H 52"1~'15'' ~T ~ONG SA~ ~~LY R!G~- GF-W$.Y A DiST~CE OF 7Z9.24 ~T TO A POI~ OF ~VA~; T~Ci .~0NG SAiD ~ TO ~ ~FT WITH SAID CUR~ ~VING A OF 3~.OO ~ZT, A ~O~ BERING OF NORTH 63~3~'39'' ~T, A ~iST~C~ OF 62.95 F~, A ~NG~ 0F ~8.27 ~ET, TO~T~ P,2G~-CF-W~JZ ~i}~ CF ~CON~ S~ET; T~C~ RS~ NOR~ 00'"24'26" WEST A D!ST~'CE CF 896.74 ~T; T~ RS~ SO~ 37~43'45', ~ST A DISTANCE OF 140.90 ~T; ~CZ R~ SO~ 78"59'56'' ~ST A CF 40.53 ~ET; T~N~ R~ NOR~ 52"16'!5" W~ST A DIST~ OF F~ET TO TS~ POi~ 0F BEGI~ING. S~D P-~CEL CO~AINS 7.97 ~CRE OR LZS S. LEGAL DESCRIPTION FOR T~CT 2 PORTION OF TP.~CT "A" ACCORDING TO THE .RECORD PLAT OF SEBASTIAN .u. PUBLIC PSCO~S OF i~i_~ RI~R CO~TY, FLO~DA, TOGET~R WITH PkRTiCUL~LY DESCRZB~ ~: CO~/w_ -~TCi~'G AT""~_..i-- ~ORT.%-~RL? MOST CORNER OF T~CT "A"; TF~N~ RUN 9~S~;~LY ~ONG T~ SOUT:{ LiN~ OF ~LLS~4E~ RO~, ~IC~ IS ALSO T~ NORT~ Li~ OF TRACT "ATM, A B~NG 0F SOUTH 37~43'45'' ~ST, A DZST.~Ci 0F 413,72 F~ET; THENCE R~ SOU~ 52"15'15" ~ST A DIST~C~ CF 17~.25 ~T; T~C~ R~ NCRT~ 78~59'56'' E~.ST A DiST~ OF 40.53 ~-~, TI~NCE RS~ NORTH 37'43 45 i~T A DIST~ OF i40.'91 FEZT TO THE ~ST~LY RiGHT-OF-W~gf Li~ 0F ~CON!A ST~iT; T~N~ R~ NORTH C0~24' 26" ~ST A DIST~C~ OF 328.7Z ~ZT; ~CE R~ SO~ WiST A DiST~C~ CF !5.20 F~T TO T~ PO!~ OF BEGi~iNG. SAID C0NTAZ~S 1.39 ACRES, MCP~ 0R LESS. I I I i I I I I I I i i i I i I i I OCT-OZ-O6 04:0~ Fro~:AKE~MAN ~EHT£~FITT EDI$OH 4078366610 T-OZ4 ?.06/1Z Job-061 EXMZB!T "C" PTC LACONIA STREET IMPROVEMRNTS The road improvements as described a~ a Dart of the plans prepared by Ronald S. ~owse under Project No./File Name SEBWINDX, and which plans consist of the following Darts: 1. Cover Sheet 2. Survey 3. Project Geometrics Plan 4. Site Utility Plan 5. Paving and Grading Plan 6. Roseland Road Plan & Profile :~ 7. General Details 8. Water and Sewer Details 9. Paving and Grading Details 10. Minimum Landscape Plan 10.A Lighting Plan The Laconia Road plans are contained as a part of Sheet No. 6 above designated as Roseland Road Plan and Profile. ~C ~ PTC~--NT~s_~RI$~. SEBAST~: E~IBIT- C- ~CLL-A~r. OCT-O2-Q6 04:10 From:AKER~N SENTERFITT EDISON 4078366610 T-D24 P.O?/1Z Job-O61 EXHIBIT 'ID'I LEGAL DE$CR~-PTION FOR UTILITY ~ASE~--NT % .:C'RTiON OF TRACTS "~" "C" AND "F", ACCORDING TO T'~4~ .%ECORD F~AT OF S~-BAST!.~N LA2(~$ 0-NiT ONE, AS .RECORDED IN ~SAT BOOK--,~ ? PAGES 11 .%~TD ifA, OF TH~ .'-UBL!C P-ECORDS OF IND!:%N RiotER COUNTY, FLORIDA, CO~4r=NC!~TG AT TI~. NOR~"TiERLY MOST WES~LY ~0NG ~ S0L~ Li~ OF T~ NORT~ L/NE OF T~CT "A", A B~ING OF SO~H 37043'%5" WEST, A DIST~C! OF 979.29 ~ET TO ~ PO!~ 0F BEG!~ING; ~~ CO~I~ A~ONG S~D SO~~Y RZ~-OF-WAY 25.00 ~T; ~~ R~ SG~H 52~16'!5'' ~T A D!ST~CE OF 574.14 ~~ R~' NOR~ 52"!{'!5" ~ST A D~ST~W~ OF 574.14 ~ET TO T~ POi~,;T OF ~EGi~iNG. S~D P~ CO~NS .33 A~ES, MO~ OR ~ESS- i i I I I I I I I I I I I I I I I I I' i I I I I i I I i I I I I I i I I OCT-OZ-g6 04:10 From:AKER~N SENTERFITT EDISON T-024 P.OG/1Z Job-061 EXHIBIT "E" DRAINAGE EASEMENTS FOR ROSELAND ROAD In repard co the Roseland Road improvements to be constructed by PTC, the stormwater management facilities on the PTC Property (the retention/detention ponds and pipe~) will accept the drainage off of the Roseland Read to be conmt~uate~ by PTC and as described in the Approved Roseland Road Plans. ~TC: ~TCZ~n~ml~ ISES..%'EaASTZAN ~ ~i~ZT* E - PENCIL-~. OCT-OZ-g6 04:10 From:AKER~N SENT£R;IT? EDISON 40?8366610 T-OZ4 P.og/1z dob-O~l EXHIBIT F PTC ROSELAND ROAD IMPROVEMENTS The road improvemenCs as described as a part of the plans prepared by Ronald S. ~wme under Project No./File Name SEBWINDX, and which plans consisC of the following parts: 1. Cover SheeC 2. Survey 3. Project GeomeCrics Plan 4. Site Utility Plan 5. Paving and Grading Plan 6. Roseland Road Plan & Profile ~ 7. General Details 8. Water and Sewer DeCails 9. Paving and Grading Details 10. Minimum Landscape Plan 10.A Lighting Plan The Roseland Road plans are contained as a part of Sheet No. 6 above designaCed as Roseland Road Plan & Profile. ~C: ~NT~R~ISES. S~HA~TIAN: F-%T~91 T- F · P~L-~. I i I I I I I I i I I I I I i I I I OCT-OZ-g6 04:11 From:AKERIAMt SENTERFITT EDISON 40?8355510 T-OZ4 P.11/1Z Job-D61 EXHI BIT "H" ~.EGAL DE$C~Z.~TiON ~OR VACATED RO~ELA.ND .EIGHT-OF-WA.~ PARTICULARLY DESCP. IBED AS: CO~-~.~_ENCi2¢G AT .""~E NORTHERLY MOST CORN~R OF TRACT "A", ACCORDING TO Ti~.-2 RECORD P~T OF EE3ASTi~ ~S ~IT 0~, AS ~C0~ iN ~LAT SOCK 12, PAGES !i ~ 1~, 0F ~ ~UBLIC ~C0~$ OF Z~I.~ R!W~R C~UNTY, FLORIDA; T~ R~ ~$T~Y ~ONG ~ SOUTH LZ~ OF BEaRiNG OF SO~H 37'43'45". ~T, A DiST~ OF 934.~5 FEE' TO T~ POi~ CF EEGiA~NG; ~~ C0~Z~ ~ONG S~D SO~Y %~AY~ SO~H 37'4~ ' 45" ~ST A DIST~ OF 70.57 ~T T0 ~ RI~-OF-WAY LI~ OF ROSE~ aO~; ~~ R~ ~0~ 5Z'l~'!~" ~T ALONG SAID ~~LY ~-OF-~Y A DIST~ 0F 7Z9.2~ F~T TO A POi~{T 0F C~T%~; R~ ~~ ~0NG S~ ~ TO ~ ~ WITH SAiD ~ ~VING A ~!US 0F 35.00 F~, A ~O~ B~ING OF NORTH 6~:~9'39" EAST, A ~O~ DIST~ OF 6~.9~ ~, A L~G~ OF 78.=7 FZET, T0 ~ ~ST~Y RiG~-0F-WAY L~ 0F ~C0~A S~ET; RUN NOR~ ~0"2~'2~" ~ST A DIST~ 0F !7.7~ ~T; ~~ R~ ~ORTH 5E~16'!5" W~$T A DiST~N~ OF 745.80 ~ TO ~ POi~ OF ~EGi~ING. SAZ= P~CEL CO~AZNS 1.~3 A~S, MO~ OR ~SS. I I I I I I I I I I I I i I I I I i OCT-OZ-$$ 04:11 From:AKER~N SENTE~FITT EOI~ON 4078366610 T-024 ~.12/1Z Job-061 MORE .~G!NNiNG AT. T57. NORTHERLY F-OST CORNEI~ OF TRACT "A", ACC0~iNG TO ~-~ ~CO~ .~LAT OF S~Ti~ ~S ET ONE, ~ ~CO~ IN' ~T EOOK i2, PAGES 11 ~ !!A, OF T~ P~LIC ~C0~S OF i~I.~ R!~R C~5~TY, FL0~DA; ~CE RUN ~STW~LY ALONG ~ NORTH LINE 0F LACONIA ST~ET, r~i~ IS ~SO ~ ~ST Li~ OF T~CT CF SOL~{ 00"Z4'26'' ~T, A DIST_~ OF 1167.13 SOU~ ~2~if'15'' ~T, A DIST~N~ OF 12.71 ~T; 00~24'26'' ~ST, A D!ST.~ 0F 1207.72 FE~; ~~ 3T~'45=' EST, A DIST~M~ OF 16.~0 ~ TO ~ POI~ OF ~EGi~G. S~D P~L CO~A!NS 0.28 A~S, MO~ 0R LESS. City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Amendment to existing ) lease with Mr. Brian E. Barry ) ) Approval For Submittal By: ) City Manager ~ ) ) ) ) ) ) ) AGENDA NO ~.22 1 Dept. Origin: City Manager Date Submitted: October 2, 1996 For Agenda Of: October 9~ 1996 Exhibits: - Existing lease between Brian E. Barry - Proposed amended lease with Aerotrace, inc. - Resolution R ~96-75 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: None SUMMARY The City was recently contacted by Mr. Brian Barry requesting to have his current lease amended to change his individual name to a corporate name of Aerotrace, Inc. In addition, the lease also provides for a drainage easement along a portion of the southerly property line. The shareholders of the corporation is as follows: Brian E. Barry 10% John E. Barry 30% Stephen J. Barry 30% Anna Made Ban-y 30% All other provisions of the lease shall remain the same. RECOMMENDATION Move to approve Resolution R-96-75. i I' i I i I i I i I I I I I i i I I i AIRPORT LEASE THIS LEASE, made and enzered into this 2?th day of September, I995, by and berwe¢n the CITY OF SEBASTLA~N-, a municipal corporation e~sling under the laws of the Stare of Flor/da, (here;ma&er referred to (hereinafter referred to as the "Tenant"). as the "Landlord"), and BRI~x/ E. BA_RP,.Y, Tlxe Landlord and the Tenant are sometimes collectively referred to herein as the "parties". WlTNESSETtt: WHEREAS, the Landlord is the owner of certain property located in the County. of Indian River County, Flor/da; and WHER.E,~S, the certain property, is be/ng used for the operation of the Sebastian Muddp~ Airport (here/halter referred to as the "A/z-pon"); and ~~S, the Cerrnin i:rroperry is also available for use for those activities consistent with or/n support Of aviation act/vity; and WHER.E,~.$, the Landlord has a~eed to lease such property, to the Tenant subject to certain terms and condkions ¢omisrent with or irt support of the current aviation use of such property; and WHEREAS, the Tenant desires to feaze the said property from the Landlord, and to that end and in consideration of the premises, and the covertant~, terms and conditions to be pe~ormec[ as set forth hereinafter; and NOW, TI-~REFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are Mreby ackrtowledged, the parries Mve a~eed as ~'oJ'[ows: 1. RECTI'ALS. Lease Agreement. The above stared mc/mis are hereby incorporated by reference in this I 2. LEASED PRE~ffSES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" aimexed hereto and made a part hereof by reference (hereafter referred to as the "leased premises"). 3. TER_M OF LEASE. The term of this Lease shall be for a per/od of twenty (20) years commencing sixty (60) days after the date the Tenant executes thin'Lease and will end on the twentieth (20th) annive~,-sary of such date. So long as the Tenant is not in default of any term, condition or covenant provided in this Lease Agreement, including any addendum hereto, the Tenant shall have the option to renew this Lease for one (1) additional twenty (20) year tern (the "Option Term") by providing the Landlord with wr/rten notice of the Tenant's dec/sion to exercise kis option no less than one hundred eisa_Jury (180') days and no more than two hundred ten (210) days prior to the expiration of the initial term of this Lease. All other provisions of this Lease Agreement shall apply during the Option Term; provided, however, the yearly rent during the Option Term shall be in an amount determined by the Landlord by and through the City, Council of the City, of Sebastian, including the method for calculating annual adjustments thereto. The purees agree that the rent, payable by the Tenant, dufiztg the term of 2 this Lease shall be as follows: (a) For the leased premises the ye~rty rent shall be one thou~anci two hun~ect dollam (S1,200.00) per acre. The Landlord re~o?dzes that the purchasing power of the United Stares dollar is evidenced by the United S~ams Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In July of 1996, 2001 and every, five (5) years thereafter the Landlord will compare the base price index for December of 1991 amd the yearly renu amount 'shall be incre~ed (or decreased) on December I, 1996, and every five (5) years thereafter in the same proportion as said July index has increased (or de~eased) over' (or under) the price index for December, 1991, or for December, five (5) years earlier, tn no event, however, shall the rent decre~e below the sum of $1,200 per acre. Co) Time of the esse,.nce.. The Tc-nant agr~ ecs promptly to perorm, comply with and abide by this Leg.se, and a_?e~s that time of payment of performance is of the very nature and essence hereof. (c) Default in rent. If any of said s~rns of money herein required to be paid by the Tenant to the Lartdlord shall rem~ir~ unpaid ten (10) ~ys after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) To.mi acceleration. To acze!~e the maturity oft_he rent installments for the balance or,he term. This option shall be exercised by an insmanenr in writing si~maed by the Landlorct, or irs ~.enrs, and transmitted to the Tenant notify, ing him of the intention of the Landlord to declare all unmamred rent installmenrs presently due and payable. (2) Partial acceIemrion. In lieu of the option in Sub-.pam~ apb (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) ~hslr_r~in.e_~. In addition to the option herein granted above, the Landlord may exerc/se any and all other options available to it hereunder, which options may be exercised concurrently or separately with the exercise of the above options. (d) Default in prov/siom, if the Tenant shall default in the performance of any other term of this Lease (except the payment of rent), the Landlord, or its agent or employee, shall send to the Tenant a written notice of default, spec/f34ng the nature of the default, and the Tenant shall, within thirty (30) days after the date of said notice, cure and remedy said default, whereupon this Lease shall continue as before. lg the Tenant shall fail to cure and remedy such default with/n said time, the Landlord shall have the fight to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder, including but not limited to, those remedies, procedures and rights specified in the other para~m'aphs of this Lease. (e) In addition to the rental amount, the Tenant shall pay Florida sales tax, if apphcable. (f) The above rental for the leased premises shall be payable in advance, in monthly installments, commenc/ng from the date of commencement of this Lease, as described i I I i I i I i I i I I i I i i I I I I I i i I I I I i I I I I i i I I in Section 2 (above) and on a like day of every month thereafter during the ten-n of this Lease. 5. FUEL ..FLOWAGE FEE. (a) in addition to the rent due hereunder, the Tenant and any sublessee of Tenant, shall also pay to the Landlord the following sums, wkich shall nor be rent for the leased premises, bm shall be collected by the Landlord from the Tenant, and any sublessee of the Tenant, at the t/me of delivery ar the Airport: Two cents per gallon on all aviation fuels delivered to the Tenant, or to any sublessee of the Tenant, at the A/rport (the preceding charge per gallon shall be subject to change ar any t/me by Landlord as detea-m/ned by resolution of the City Counc/1 of Sebastian. Such change shall become effective immed/arety upon delivery of written notice thergof to Tenant). Co) The Tenant and any mblesse= of the Tenant shall furnish to the Landlord written derxiled montkl, y statements showktg the tom amount of aviation fuels delivered to the Tenant, or any subless~ of the Tenant, at the Airport. Said statements shall be furnished no later than the lSth day of each month dur/ng the time this Lease shall be in force. The Tenant agr~ ecs, bo~ on be2mlf of itself and any sublessee of the Tenant, that said amounts may be collected by the Landlord from the Tenant, or any sublesse= of the Tenant, in the same manner as rent. (c) The monthly statements referred to in the foregoing subpara~aphs pexain only to operations conducted at the ALTon ~nd exclude any operations of the Tenant, or any sublessee of the Tenant, conducted at other locations. (d) The Tenant, or any sublessee of the Tenant, shall tin-&er retain upon the 5 lc=ed premises all delive~ bills, invoices and related records pertaining to all aviation fuels delivered to the Tenant, or to any such sublessee, and shall produce and make available such books and records upon request by the Landlord for the purpose of auditing payments to the Landlord as provided hereitmbove. Such books, records and other documents shall be made available for inspection to representatives of the Landlord within 15 days of written notice to the Tenant or any sublessee of the Tenant. If said irmpection reveals that payments to the Landlbrd are in error, by more than 2%, then Tenant shall pay the additional amount owing to Landlord plus all costs of said inspection. 6. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the purposes described in Paragraph 7 below, and that in order to utilize the leased premises for this purpose, it will be necessary to erect thereon a building and other improvements, to be constructed by the Tenant upon the leased premises at the Tenant's sole cost and expense and to comply with all applicable rules, laws, regulations and requirements pexminJmg thereto. (a) The Tenant shall have the right to use the leased premises for any law~ purpose described in Section 7 hereof~ and shall have the right to construct upon the leased premises any buildin~ or other structures described in this Agreement, provided any such bufldin~ or structures do not in any way curtail the use of the airport facilities in thek usual operations and provided further that any such buildin~ or m'ucmres are approved, in writing by, the Seba~an City Council and the FAA prior to commencement of any conszructicn. The Tenant covenants and agees that all such construction shall be in accordance with the local 6 i I I i I i i i i I I I I i I i I I and stare codes, re=~alarions and requirements as well as in accordanca with all requirements of the Federal Aviation Admirdstrarion ("FAA"). Co) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens ar/sing out of the construction of any such buildings or (c) In order to confam sole ownership in the Landlord, the Tenant shall, at Landl6rd's request, execute any and all documents of transfer which Landlord deems necessary to perfect t/tie to said improvements. The Tenant a~ees that all improvements shall, upon the term/ration ofthi~ Lease for any. mason, be fi'ee and clear of all encumbrances, liens, and title defects of any kind. All buildings, structures and fixtures of every kind now or hereafter erected, or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be lef~ in good condition and repair, ordinary, wear and damage by the elements excepted. A llxture shall be defined as an article wkich was a chattel, but wkich, by being physically annexed, or affixed, to the realty, by the Tenant and incapable of being removed without structural or functional damco to the realty, becomes a parc and parcel of it. Non-fi,-crare personalty owned by. the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and,. at irs option, may remove all such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, othe~m~ise all such property, shall remain on the Ieased premises until the damages suffered by the Landlord from any such defatilt .have been asce,,xained and compensated. 7 damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at its e,'cpe~e. (d) In the event the Tenant is prohibited from obtaining a building permit or lic~'m.se to conmmct the improvements described below, within ninety (90) days from the date hereof, from the appropriate governmental authorities having jurisdiction over the leased premises, for reasom not caused by and beyond the control of the Tenant, this Lease shall be null and void and the Landlord and the Tenant shall have no obligation toward each other except as otherwise provided herein. (e) Attached hereto a~ Schedule "B °' is a description of all improvements to be constructed on the leased premi-~es by Tenant, including the date of commencement and completion required for each improvement. In the event that such improvements are not commenced on the applicable date set forth in Schedule "B", and thereafter completed on the applicable date set forth in Schedule ~B", Landlord ~hall have the option to terminate this Lea~e and have no further obligations to Tenant hereunder. Such option shall be exercised within a reasonable t~me by written notice to Tenant. 7. USE OF LEASED PREMISES. The Tenant age,s that no use of the leased premises will be conducted in such a rrmnner az to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and re=--relations prescribed by lawfizl authorities having jurisdiction over the lease~t premises. The Tenant a~ess that the leased premises shall be used I i i i I I I I I I I i I I i I i I by the Tenant solely for the following purposes or u~es: Aircraft Refurbishing and Rebuilding Any use of the leased premises other than those spe:~cally stated above are expressly prohibited. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. 8. REP.~]RS ~N-ID .&LTERATIONS. The Landlord shall nor be obligated to maintain or repair the leased premises or any improvements located or any parr hereof thereon dumg the lease term or any renewal thereof. The Tenant agr_ ecs, at its sole cost and expense, to maintain ali of the improvements, including, but not limited to, buildings (and all parm thereof) and the parking and sendce areas located on the leased premises, in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other communi .ty standards ordinances. It is an e,xpress condition of this Lease that the leased premises be kept in an attractive manner at ali times. Upon obtain/ng the prior written consent of the Landlord, wkich consent may be withheld for any reason, the Tenant, upon completion of the original improvements, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such altemfions or ma/or renovations to the e:dsring improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the stmcmra/inre?ity of such e.-cisfing improvements, and provided that the alterations 9 or renovations shall comply with all applicable governmental relations. The Tenant shall indemni~, defend and hold the Landlord harmless from any claims, losses, damages or liens ar/s/rig out of or in any way connected with such addiz/ons or renovations. 9. UTILFITES. The Tenant shall be remponsible for all cosr. s of e!ec~icity., lights, water, sewer, heat, j~nkor service or any other u~ilit'y or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure or the interruption of any such services or utilities. 10. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be penni~ed by applicable law;, provided, however'~" the Landlord must approve any such signs in writing prior to erect/on. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 11. TA_X~S. The Tenant shall pay during the Lease term ali ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate gov~,'nmental authorities), together with all ad valorem taxes assessment or other governmental charg~ levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a ~rnety basis and receipts therefor shall be provided to the Landlord upon request 12. ~4SL,-R~x~CE. The Tenant shall provide and keep in force, at its own expense, during the te:rn of th/s L~ase, public liabiIiw and property damage insurance coverage with 10 I i I I I I I i I I I I I i I I I I 'respect to the leased premises, mctuding those pomons of the sa.id premises used for driveways, walk-ways, and parking areas. The insurance coverage ro be ma/nm/ned by the Tens.ur shall conmln limim of not less than $500,000.00 for injury or death of any one person and $1,000,000.00 for/njury or death for any one accident, together with S500,000.00 for damage to prope,uy. (Tenant agrees that Landlord may alter the rain/mum amounts stared in the preceding sentence during the term of this Lease by resolution of the City Counc/1 of the City, of Sebaman. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately.) Any policy or policies of insurance required purmanr to this Lease shall be issued by one or more insurance companies author/zed to engage in business in the State of Florida and which have a rating of at least A~'by A.M. Best and Company and at least an ~ rating by both Moody's and Standard and Poors. The Tenant shall supply the Landlord with a certificate of such insurance w/th evidence of the payment of the premium thereon. All policies described in this Paragraph 12 shall contain a clause preventing cance~.l~fion of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. U'pon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 1.3. FTRE ,42qD EXTENDED COVEi~.GE RqSUR.X_NCE. The Tenant sh~tl, ar irs sole cost and ex-pense, procure and keep in effect such standard policies of fire and ex-r, endec[ coverage insurance as the Landlord desrrm necessary and appropr/ate. Upon request, the Tenant shall provide to the Landlord a ce.--dficate of s'ach insurance with evidence of the payment of the premium therefon Thc Landlord shall have no obligation ro keep the buildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pumuant to this Lease shall be issued by one or more insurance compamies authorized to en~ge in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at lea,st an ,aA rating by both Moody's and Standard and Poors. 'All policies described in this Paragaph I3 shall contain a clause preventing canc~ation of any coverage before ~h~rty (30) days written notice to the Landlord and shall n~rne the Landlord as an additional inm.u:ed. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 14. DAM_AGE OR DESTRUCTION OF IM'PROVEMENTS B~ Fi'R_E OR OTHER ! '1 i I I I i I I CASUALTY. In the event the building md/or other improvements erected on the premises are desu:oyed or damaged by fire or other casualty, the Tenant, at its option, agees that iT will cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than ~0% of the principal buildin~ if any, is unusable. In the event the Tenant elects to repair and/er r~lace the building and other improvements on the leased premises, the Landlord shall have no claims against any im'umnce proce~ paid to the Tenant on account of such dam~e and/or destruction nor sh,~l.1 the Landlord have any responsibility or obli~tion to make any e~endimres toward the repair and/or replacement of the building and other improvements on the leased premises. Provided, however, that all repaired and/or replaced building and other improvements are repaired/replaced in a manner equal to or better than the I I' I I I I I I i I I I I I I I I I I buildinffimprovemenc being repaired or replaced. (a) If the Tenant., under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Landlord shall have two options: (1) To continue to Lease; if the Landlord e!ecra ro con.hue the Lease. the Landlord shall be entirted to any of the insurance proceeds on account of such damage and/or deswaction, such proceeds to be the sole prope.wy of the Landlord; or (2) To cancel the Lease; if the Landlord elects to cancel the Lease, the Landlorri shall be enfitlec[ to that portion of the insurance proceeds paid as a result of damage and/or destruction to the building and other improvements on the leased prom/sos, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. Co) In the event the Tenant, under irs option, etects net to repair and/or replace the building and improvements upon the leased premises, the Tenant shall, ar irs sole expense, remove all remaining portions of the clamagec[ or ciestroyec[ building and improvements and all rabble.or debris resultfiag therefrom. 15. INDEMNiFiCATION. The Tenant a~ees hereby to defend, indemmfy and save the Landlord harmless from arty and ali actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Termut's ocumpancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, aud invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This ?ara~aph i5 shall survive the termination or cancelation of the Lease. 16. ENVI~ON-tv[ENT.~U.. ~[ATTERS. The Tenant hereby a~ees to indemmfy, defend 1.3 and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including without limitation, clean-up costs and reasonable attorney', s fees) resulting direcdy or indirectly fi.om, out of or by reason of (I) any hazardous or toxic materials, mb~nmnces, pollumnt~, contaminants, petroleum products, l~ydrocarbons or wastes being located on the property and being caused by the Tenant or its sub-Tenants. This ?ara~aph 16 shall smurive the termination or cancellation of the Lease. ' 17. P~ON OF USE OF THE ?REMISES. I~ after the effective date of tttis Lease, the Tenant is precluded or prevented fi:om using the lea-~ed premises for those specific purposes idenfiJied in Sections 8/7 of this Lease, by reason of any zoning law, ordinance or regulation of arty authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of n/nety (90) consecutive days, the Landlord may a/low the Tenant to terminate this Lease. The ri~t to terminate th/s Lease must be granted by the Landlord, in writin~ before the Tenant shall be released from its obligations trader the terms of this Lease. 18. LAN'D1NG FEES. Landing or arty other type of use of rtmway fees are speckfically prohibited by this Agreeament, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibite~[ from chargi,~'ng any such fees, as the use of the Airport is for the gum'al public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 19. GOVER~N~fENT SEIZUR_E. ia the event the Unitec[ States Government,. or any agency or subdi, rision thereof, at any time the term of this Lease takes over the during 14 "1 I I I I I i I I I I I i I I i I i I I i I I I I I I operation or use of the airfield and/or Airport which results i~ the Tenant berg unable to operate under the te.nns of the Lease, then the Lesze may be e~ended upon mutual a~eement of the Tenant and the Landlord for an additional period equal to the me the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 20. EM~. 'T DONLaLN. If all or any part of the leased premises shall be taken under a power of eminent dom~ the compensation or proceeds awarded for the taking of the land, building and/or improvements on the leased premises shall belong to the Landlord. l.f thc taldu$ is to such an extent that it is impracticable for the Tenant to continue thc operation of its business on the leased premises, the Lease, at the option of'~e Landlord, may be terminated. Nothing herein ~ prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 21. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulSH any duty or obligation imposed on thc Tenant by the Lease; (b) The appointment of a receiver or the enu'y, of an order declaxing the Tenant bankrupt or the assi~mmxenr by the Tenant for the benefit of creditors or the participation by the Tenant in any other basolvency proc~din:, 15 Lease; (c) The Tenants failure to pay any consideration, to the Landlord, required by this (d) The talcing of the leaseI'told interest of the Tenant hereunder pursuant to an execution on a judgement, (e) The Tenants abandonment of any substantial portion of thc leased premises. "Abandonment" shall be determined by the Landlord; ' (f) The Ten,mt or any gm.ranter of Tenant, s obligations hereunder, filing a petition for. bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or am-tee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder;, (g) The Tenant or any ~mmrantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assi~anment for the benefit of creditors; Ct) The Tenant shall do or permit to be done any. act which results in a Iien being filed against the leased premises or the property which is not reteased of record within thirty. (30) days of the date it is [uirially recorded in the Public Records of Indian River Count. Each party cove~uts and ~agrees that it has no power to incur any indebtedness gving a right to a lien of any k/nd or character upon the ri~r, t/de and interest of the other party in and to the property covered by this Lease, and that no party, in and ro the prope~w7 covered by this Lease, and that no th/rd person shall ever be enrirtec[ to any lie~ directly or indirec~y, derived rJaroughg or under the other parry., or its ~ents or servants, or on account of any act of omissiou 16 I I i I I I I i I I I I I I I I I I I I' I I I I I I I I I I I I I I I I I of said other party. Ail persons contracting with the Tenant or fixmishing materials or labor to said Tenant, or to irs ~ents or servants, as well as afl persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be ~ed, the Tenant shall discharge the same or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be de~med to be the ~enr of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's Lien upon the Landlord's estate under the provisions of the Florida Starer'es, or any subsequent revisions thereof; (i) The liquidation, termination, dissolution or (if the Tenant is a natural person) the death of the Tenant or all Guarantors of the Tenant's obligations hereunder; (j) The Tenant fails for more than one hundred twenty (I20) consecutive days to continuously conduct and carry on m good faith the type of business for which the leased premises are leased; (lc) The Tenant submits, more than two times during the Lease term, a statement of aviation fuel sales that understates actual such sales by five percent (5%) or more; (1) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparrs a throu~ k above. Upon the happening of any "event of default", the Landlord may, at irs option, terminate this Lease and e~et the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of ~ch option for failure to pay rent or failure to pe~brm any condition imposed herein upon the Tenant, the Landlord shall ~ve writ-ten aotic~ of such event of default to the Tenant, which thereafter shall have thirw. (_q0) days, fi'om I7 the date notice is sent by the Landlord, wi~fin which to remedy or correc: such default, unless such de£ault is the failure to pay rent., in which case the Tenant shall have ten (10) days, from the dare notice is sent by the Landlord, within which to remedy such default by paying all rent 22. IDENTITY OF iNTE~ST. The execution of this Lease or the performance of any act pursuan£ to the provisions hereof shall not be deemed or consu-aed to have the effect of cre~ring between the Landlord and the Tenant the relation.skip of principal and agent or of a partnership or of ajoin£ venture and the relationship between them shall be and remair~ only that of landlord and tenant. 23. NOTICES )uND REPORTS. Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and de!ive~d (or mailed by registered or certified mail Mt.h postage prepaid) to the other party at the address gven below: Landlord: Tenant: City of Sebastian Arm: City Manager 12'_5 Main Street Sebasti~ FL 32958 provided, however, that either parry may desi~ate a clifferenr representative or address from rime to time by gimg to the other parry notice in writing of the change. Rental pa~vmenm to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. i I I I I I I I I I I i I I I I I I I I I I I I I I i I I i I I I I I I 24. RIGHT TO INSPECT. The Landlord may enter the lea~ed premises upon reasonable notice: (a) To inspe= or protect the leased premises or any improvement to a property location thereon; (b) To dete,-mine whether the Tenant is comply/rig with the applicable laws, orders or re,ma/ations of any lawfizi authority having jurisdiction over rte leased premises or any business conducted therein; or (c) To exh/bit the leased premises to any prospe~ve purchaser or tenant during the final sLx'W (60) days of the lease term, or ar any time after either.parry has notified the other that the Lease Mil be tenmmared for any reason. No authorized entry by the Landlord shall cormfimte an eviction of the Tenant or a deprivation of irs rig2trs or alter the obligation of the Landlord or create any rigJar in the Landlord adverse to the interest of the Tenant hereunder. ~. OWNS, SHiP OF TtLd.DE FLXTUXES. SIGNS AND PERSONAL PROPERTY. Ar the e,-cpimdon of the Lease, any and all trade ~xmres, si~zas and personal property, used by the Tenant in the operation of irs business, on the Ieazed premises shall remain the Tenant's sole property and the Tenant shall have the d~__hr to remove the same provided any ct~mages in removal are repaired by the Tenant at Tenants sole cost. In case of breach of this Lease by the Tenant, or the renu/nation of [he Lease, or any extension hereunder, that may be ~o~-~red, the Tenant a~e=s to immediare!y surrender possession of said fac/tiries, and ail the bu/Idings, edifices, etc. that are constructed by or on 19 behalf of Tenant The facilities, buildings, edifices, etc. shall then become the prope,-vf of the Landlord. 26. HEIGHT RESTI~CTIONS. The Tenant e.-cpressly a~ees for [melf, its successors and assigns, to restrict the height of ~-auctures, objects of natural ~owth and other obstructions on the leased premises to such a heigfat so as to comply with all Federal Aviation P, eguladons, State laws and local ordinances, roles and regulations now e.'dsting and hereinafter promdlgated. The Tenant e.'cpressly a_m:ees for itself, its successors and assi~, to prevent any use of the leased premises which would interfere with or adversely affect the operation or m~intenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the uae of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the .Airport or otherw/se constitute an Airport hazard. The Landlord reserves unto itseti its successors and assi~mas, for the use and benefit of the public, a ri~t of flight for the passage of aircraft in the airspace above the surfa6e of the leased premises, together with the rio~lat to cause in such airspace such noise as may be inherent in the ope~mtion of aircra~ now known or hereafter useR, for navigation or flight in the air, ace, and for use of said airspace for landing on, taldng off from, or operating on the ,~porr_ 27. NOND[SCR]N[INATION. The Tenant for itseli its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and a~ee as a covenant mmaiug with the land that (I) no person on the ~ounds of reH~on, (~ ~_o I I I I I I I I I I I I I I I i I I I I' I I I I I i I i I i I I I I I I I gender, marital startm, race, color or national od.mn shall be excluded from participation in, denied the benefits of, or be otherwise' subject to discrimination in the uae of the Tenanfs facilities; (ii) that m the construction of any improvemenm on, over or under the premises and the furnishing of services thereon, no per~on on the ~ouncks of reli~on, gender, marital status, race, color or national orion ~hall be excluded from participation in, denied the benefits of~ or otherwise be subjec:ed to discrimination; (iii) that the Tenant shall use the prerai~es in compliance with all other requiremenm imposed by or pursuant to Title 49, Code of Federal Ke=~.dations, Department of Transportation, Subtitle A, Offic~ of the Secretazy, Pm 21, Nondiscrimination in Federally A~si~ed Pro~m'mns of the Department of Tra~portation - Effectuation of Title 'vi of the Civil Ri.~_.hm Act of 1964. In the event of the breach of any of the above non- discr~miuatlon covenants, the Landlord shall prompdy notify the Tenant, in writing of such breach and the Tenant shall immediately commence curative action. Such a~on by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently purmae ac~on to cure said breach, the Landlord ~R]I then trove the ri.~__h£ to terminate this Lea~e and to re-enter and repossess said land and improvernenm thin, on. Landlord r~presenm and warrants that the lemsed premises is zoned Airport Industrial (A/), purmmn~ to the applicable governmental ordinances. The Landlord shall have the optiom, without waiving or knpairing any of hereunder, to pay any sum or perform ~ny .~c~, required of the Tenanr~ and the remount of any such pa,wnent and the value of any such performanc,% together with interes~ thereon, shall be 21 secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent pa.vments to the Landlord shah bear interest at the rate of 18% per year from date the payments are due to the date of pa.vment. Said interest shall be calculated on a daily basis and sttall be due and payable when billed. tn the event of the Tenant's breach of any of the provisions of this Lease, the Landlord. shall thereupon have a lien upon all r~venues, income, rents, earnings and profits from the leased'premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Suck liens shall be superior in dimity to the ri~mkts of the Tenant and any of its creditors or assi~ne~s or any trustee or receiver appointed for the Tenant's property, or any other person cl~mS~lg under the Tenant. Upon the Landlord's termination of the Tenant's ri~=hts under this Lease by reason of the Tenant's default, all such revenues, income, rents, ea_lm~ngs and profits derived or accruing from the leased premises from the date of suck ternl~Uation by the Landlord .shall constitute the property, of the Landlord~ and the same is hereby de,tared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or recMver appointed, for the Tenant's property. The provisions of this para~mmpk shall be effective without the Landlord's re-enu'y upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. Despite any provisions in this paragra~ ph which is or may appe:n' to be the contrmy., Landlord acknowledges that the lien of the leasehold mortgage upon Tenant's revenues, income, rents, earnings and profits as I I I i I I I i I I I I i I I I I I I I I I I I I I i I I I I I I I I I described above shall be reco~o-~ized as superior to Landlord's lien. The Tenant ackaowledges that the Landlord has adopted a.u ,~irporc Master Plan and the Tenant covenants that he will use the le~sed premises to be consistent with the Airport Master Plan. The Tenant shall nor allow irs occupancy or use of the le~se premises to consrirate or become a public or private nuisance. 25, E~xCl'YKE AOKEEMENT. This Le~se contains all of the unde~randings by and between the parties h~eto relative to the le~iug of the premises herein desc,--ibed, and all prior or contemporaneous ~a~eements relative thereto have been merged hereiu or are voided by this insmunent, which may be amended, moa~ed,, alte,-~d, changed, revoked or rescinded in whole or in part only by an Lusmament in writing si~zned by e.~ch of the parties hereto. 29. ASSIOi~'MENT ,~uXfD S~LETTINO. The Tenant shall not assi~m this Le~se or sublet the leased premises or any portion thereofi or otherwise transfer any ri~h: or interest hereunder without the prior written consen~ of the Landlord, which consent may be withheld for any re,om If the Landlord consents, in writin$ to the assi~amnent, subletting or other transfer of any ri~__ht or interest hereunder by the Tenant, suck approval shall be limited to the particular instanc~ speeffied in the written consent and the Tenant shall not be relieved of any duty,, obligation or Liability under the provisions of its L~se. 30. BI1VDfNG EFFECT. The te:-ms and provisions of this La,se shall be binding on the parties he,to and their respective hefts, successors, a~si~s and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 23 31. APPLICABLE LAW/'v'EN'LrE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the ex-rent provided by Federal law. 32. ATTORNEYS FEES. Tn any acdon ar/sing out of the enforcement of this writing, the prevailing party shall be endded to an award of reasonable attorneys fees and costs, both at ~1 and all appellate levels. 33. RECORDING. Tn n._q event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County., Florida. .::. IN WITNESS WHEREOF, the parties hereto have se-, their trends and seals the day and year first above written. CITY OF SEBASTIAN A Mtmicipal Corporation ex/sting under the laws of the State of Florida '~oei'ri. Kof0rd~ City Manager City Clerk Approved as to Form and Content: Clifton A_ McClelland, Ir. City Attorney 24 I I I I I I I I I i I i I I I i I i SC~I-EDU'LE "~ · This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and BRIAN E. BAR.KY dated f'-,~ 7 -~.C- for leased premises at He Sebasdau Municipal LEGAL DESCRIPTION OF THE PROPERTY: FLEIvflNG GKA~NT THAT CERTAk-'q PARCEL LYING IN SECTION 29 DESCRIBED AS FOLLOWS: BEGIN2qlNO AT THE ~£OST WESTERLY CORNER OF SAID SECTION 29, RUN S44 21'28"E, 818.81 FEET ON S~'THWEST BOUN-DAKY OF SECTION 29 OF ~ OF ROSEL,MN-D ROAD; TI-IENCE N04 48'59"W, 514.65 FEET ON SAID C~-NTERI~; ~CE N89 50'46"E, 644.46 FEET; THENCE N00 09'14"W, 1°-56 FEET TO TRUE POINT OF BEGINNING; THENCE N89 50'46"E, 425.00 FEET TO A POINT WHICH LIES 75.00 FEET WEST OF TIq2E CENTERI~INE OF A2q EXLSTING AB1POKT TAX[rWAY; ~'CE N00 09'14"W, 307.00 FEET; ~'CE S89 50'46"'vV, 425.00 FEET; TI-IENCE SOO 09'14"E, .307.00 FEET TO TRUE POI2'4T OF BE@DINING. CONTAINi[NG 3.00 ACRES,:-~MORE OR LESS. (LEGAL DESCRIPTION PR.OVIDED BY OTHERS,) o SC~'EDIYLE !'B" Tiffs Schedule is a part of that Brian E. Barry dated for leased premises at the Sebastian Municipal Airport. Listed below are the description of each improvement to be cortccructed by Tenant on the leased premises and the required dates of commencement and dates of completion for each such improvement: Descrir~tion of Imnrovememt , Two Airplane Hangar~ which are 18.5' in height with a minimum floor area of:,000' square feet each. The Hangars should ai~o have an additional 720 square foot area as office, bathroom with customm~ .fixtures, and storage space under air conditioning. Each Hangar shall have a wooden de~k with aa area of 280 square feet and a 1,9_50 squar~ foot concrete apron. The buildings, decks and concrete aprom ~ be built in accordance with the site plan wkich ia in effect on the date of construction All of the foregoing improvements daall be considered buildings, structures or fixtures and ~ become the property of the Landlord upon termination of the lease, in accordanc,, with paragraph ~ Date of Commencement - Sixty days after the City Manager available. Date of Comnletion Ninety days at, er receipt of the written notice from the City Manager that road access is available. ~'qAN~: CITY OF SEBASTIAN _ A Municipal Corporation ~~z~_ exSzting under the laws of the State of Ftorida arian E. Barry aL' roford' City Manager rithry City Clerk Approved as to Form and Content. Cl/fton A. McCle!land, Jr. C~ey I I' I I I I I I I I I I I I i i I I i RESOLUTION NO. R-96-75 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO TIIE LEASE AGREEMENT BETWEEN T]ItE CITY OF SEBASTIAN AND BRIAN E. BARRY SUBSTITUTING AEROTRACE, INC. IN PLACE OF BRIAN E. BARRY AS TENANT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. W]tEREAS, the City Council of the City of Sebastian, after reviewing the proposed addendum to the Lease Agreement between the City. and Brian E. Barry ("Addendum") has determined that it is in the best interest of the City to grant approval of the Addendum. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ~ APPROVAL OF ADDENDUM. The City of Sebastian hereby approves the Addendum to the Lease between Brian E. Barry and the City of Sebastian, dated September 27, 1995, a copy of which is attached hereto and incorporated herein by this reference. ~2LQkL_~ CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ SEVERABILITY. If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of this Resolution shall not thereby be affected or impaired unless it clearly appears that such section or part of section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. EFFEC?IV~ DATF~ This Resolution shall take effect immediately upon its adoption. The foregoing Resolution Councilmember Councilmember vote was as follows: was moved for adoption by . The motion was seconded by and, upon being put into a vote, the Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J.Damp Councilmember Raymond W. Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1996 CITY OF SEBASTIAN By: Louise R. dartwright, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Valerie F. Settles, City Attorney I I I I I I I I i i I I i I I I i i I I' i I I i I I I i I i I I I I i I i This Addendum is made and entered into this --____ day of September, 1996, by and between the City of Sebastian, a political subdivision of the State of Florida ("Landlord,,), 1225 Main Street, Sebastian, Florida, 32958, and Brian E. Barry, 166 Abeto Terrace, Sebastian, FL ("Tenant,,). WHEREAS, Landlord and Tenant have entered into that certain Lease dated September 27, 1995, ("Lease,,); and WHEREAS, Landlord and Tenant have agreed to modify and amend the Lease as set forth herein below. NOW THEREFORE, in consideration of the ~Utual COVenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: 1. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. Ail capitalized terms Used herein Shall have the same meaning ascribed to them in the Lease. 3. In the event of a conflict between the terms of this Agreement and the terms of the Lease, the terms of this Agreement Shall control. 4. Tenant has formed Aerotrace,. Inc. a ' corporation, under the laws of the State of Florida, for the pUrpose of doing business at the premises Covered by the Lease. The shareholders and percentage of shareholders Brian E. Barry John E. Barry of Aerotrace, Inc., are as follows: 10~ 30% Stephen J. Barry 30% Anna Marie Barry 30% The parties agree that Aerotrace, Inc. will be substituted for Brian E. Barry as the tenant under the Lease. 5. Tenant and Landlord agree that an easement for drainage purposes shall be reserved for the City as a public drainage easement on the southerly 10 feet of the easterly 195 feet of that property described in SCHEDULE "A" which is a part of that Lease between Tenant and Landlord dated, September 27, 199§. 6. Except as modified hereby, all other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement as of the day and year first above written. city of Sebastian Brian E. Barry By: Louise R. Cartwright Mayor Aerotrace, Inc. By: Brian E. Barry President ATTEST: Kathryn M. O'Halloran, CMC/AAE Clerk I '1 I I I i I I I I I I I I i I I i I I I' I I I I I i i I I I I I I I I I I (Seal) Approved as to Form and Content: Valerie F. Settles City Attorney I I I I I i I I I I I I I I I I I The fee for the basic services and project site representative are set by the Florida Department of Community Affairs using the USDA F~mer's Home Administration Fee Table 1 an lA. These fees are based on the anticip~ted project cost. These fees will be adjusted based on the actual project costs. RE COMMENDED ACTION Adopt Resolution R-96-76, authorizing the Mayor to sign and the City Clerk to attest, Supplemental Agreement No. 1 with CRA Engineering, Inc. '1 I i I i i I I I I i I i I i I i I I i' I I I I I I I I I i I i I I I I I RESOLUTION NO. R-96-76 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, SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. .? WHEREAS, the City of Sebastian entered into Contract Number 96DB-1E-10- 40-02-C06 with the Florida Department of Community Affairs to obtain Community Development Block Grant (CDBG) funding; and WHEREAS, the City of Sebastian has entered into a Master Professional Services Agreement with CRA Engineering, Inc.; and WHEREAS, the City of Sebastian desires to design and construct a parking area at Riverview Park under the CDBG program NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, 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 of Sebastian, Supplemental A~eement No. 1, between CRA Engineering, Inc., and the City of Sebastian, attached hereto as Exhibit "A". Section 2. CONFLICT. conflict are hereby repealed. All resolutions or parts of resolutions in 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 be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. upon final passage. EFFCTIVE DATE. This Resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmemeber 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 day of The Mayor thereupon declared this Resolution duly passed and adopted this __ u, 1996. CiTY OF SEBASIAN, FLORIDA ATTEST: By: Louise R. Cartwright, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney ! '1 I I i I I I I I i I I I I i I i I I I I I I I I I I I I I I I I I I I Supplemental Agreement No. 1 THIS SUPPLEMENTAL AGREEMENT made this __ day of ..., 1996 by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, hereina~er referred to as "City" and CRA ENGINEERING, INC., a corporation authorized to do business in the State of Florida, with offices located in Tallahassee, Florida, hereinafter called the "Consultant." WHEREAS, The City and the Consultant has entered into an Master Professional Services Agreement and WHEREAS, the City desires to assign specific services to be.-.pefformed by the Consultant; and WHEREAS, the City and the Consultant desire to reduce to writing their understanding and agreement on such professional services. IT IS, THEREFORE, AGREED as follows: Scope of Work: The scope of work to be performed by the Consultant is described in Attachment I. Compensation: The City will pay the consultant in accordance with the fees described in Attachment II. All other provisions of the Master Professional Services Agreement shall remain in effect. IN WlTHNESS WHEREOF, the parties hereto have executed, the day and year first above written. caused these presents to be ATTEST: Kathryn M. 0'Halloran CMC/AAE, City Clerk Signed, sealed and delivered in the presence of: Name: Name: CITY: THE CITY OF SEBASTIAN By: Name: Title: CONSULTANT: CRA ENGINEERING, INC. By: Name: Title: I '1 I I I I I I I I I i I I I I I I I I I I I I i I I I I I I i I I I I I ATTACHMENT I SCOPE OF WORK CRA Engineering, Inc. (the Consultant) proposes to provide engineering services necessary to complete the project. The scope generally includes planning, design, and contract administration of a parking area with appropriate accessory structures and drainage at Riverview Park East. The Consultant will work closely with the local officials and staff to maximize the benefits of the program. The Consultant shall coordinate with administrators throughout each phase, so project design and construction complies with all applicable regulations and schedules. The Consultant will engineer all aspects of the program. Such work will include, but not be limited to engineering design, preparation of technical specifications and construction documents, cost estimates, permit applications, and assistance in bidding and award of a construction contract. This will continue through performance of the construction contract dudng which the Consultant will attend construction conferences and provide construction observation, inspection and administration ..as directed by the City, according to the scope of services. Topographic and design survey services, geotechnical and possibly observation and inspection services, will be sub-contracted to a local firm. Progress reports to the local officials and staff will be made at appropriate times. The City of Sebastian's Citizen Advisory Task Force will be kept fully informed of the project and its progress. The services to be provided by the Consultant are as follows. TASK 1 STUDY AND REPORT. The Consultant shall coordinate with the City staff and with local citizens' groups through City staff to determine an acceptable layout and arrangement to provide for a minimum of 64 parking spaces. The Consultant will cladfy and define the requirements for the project; determine the need for data; and produce a report containing conceptual design, cost estimates, and consideration of altematives. This step will assure that the project is designed appropriately, according to grant requirements and local needs, with smooth coordination and communication. TASK 2 PRELIMINARY INVESTIGATION. The Consultant will obtain necessary information required for project design, including but not limited to soil conditions, surveying, and location of existing utilities. Investigation/survey costs will be additional, beyond our fee. TASK 3 PRELIMINARY DESIGN. The Consultant will produce preliminary plans for the City's review. TASK 4 FINAL DESIGN. The Consultant will prepare final construction plans and specifications which encompass sound engineering principles, and result in cost-effective improvements. The plans will be submitted to the City for approval. Cost estimates will be prepared dudng design. TASK $ PUBLIC MEETINGS. The Consultant will attend public meetings as directed by the City. The Consultant will explain the project design, discuss project impacts and the project implementation schedule, and receive public input. TASK 6 PERMITTING. The Consultant will prepare and submit any permit application which may be required by local/state regulatory agencies. TASK 7 BID PREPARATION. The Consultant will prepare appropriate bid and contract documents for local approval after design plans have been approved. TASK 8 BID AND AWARD. The Consultant will adverti;e the project and conduct the pre-bid conferences as needed. The City Clerk will · receive contractor bids, and the Bid Review Committee shall analyze the bid contents. The Consultant will be a member of the Bid Review Committee. This bid analysis and contract award recommendation will be presented to the City. TASK 9 CONTRACT SUPERVISIONIA,,DMINISTRATiON. Following contract aWard, the Consultant will conduct an in-depth pre- construction conference. Conferences will be held dudng construction as needed between the Consultant, City personnel, and Contractor personnel. The Consultant shall review Contractor pay requests, perform key inspections, review shop drawings, and issue field and change orders when necessary. TASK 10 PROJECT OBSERVATION. The Consultant will observe the ~ed basis, generally for a minimum of two hours per day. This provides greater assurances of a project constructed safely, on schedule, according to plans and specifications, with minimal disruption to the residents and traffic. Consultant shall furnish a Project Site Representative ("PSR"), assistants and other staff to assist Consultant in observing progress and quality of the work of Contractor. The duties and responsibilities of the PSR are described as follows: A. General  PSR is Consultant s agent at the site, will act as directed by and under supervision of Consultant, and will confer with Consultant ! I I' i I I i I I I I I I I I I I I I I regarding PSR's actions. PSR's dealings in matters pertaining to the on-site work shall in general be with Consultant regarding PSR's actions. PSR's dealings in matters pertaining to the on- site work shall in general be with Consultant and Contractor, keeping City advised as necessary. PSR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. PSR shall generally communicate with City with the knowledge of and under the direction of Consultant. Duties and Responsibilities of PSR Schedules. Review the progress schedule, schedule of Shop Drawing submittals, and schedule of values prepared by Contractor and consult with Consultant concerning acceptability. Conferences and Meetings. Attend meetings with Contractor, such as pre-construction conferences, progress meetings, job conferences and other project-related meetings and prepare and circulate copies of minutes thereof, Liaison. Serve as Consultant's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of Contract Documents; and assist Consultant in serving as City's liaison with Contractor when Contractor's operations affect City's on-site operations. Assist in obtaining from City additional details or information, when required for proper execution of the Work. Shop Drawings and Samples. Record date of receipt of Shop Drawings and Samples. Receive Samples which are furnished at the site by Contractor, and notify Consultant of availability of Samples for examination. Advise Consultant and Contractor of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by Consultant. Review of Work, Rejection of Defective Work, Inspections and Tests. Conduct on-site observations of the Work in progress to assist Consultant in determining if the Work is proceeding in accordance with the Contract Documents. Report to Consultant whenever PSR believes that any Work will not produce a completed Project that conforms to the Contract documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Docunl.ents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Consultant of Work that PSR believes should be corrected or rejected or should be uncovered for observation, or requires special testing inspection or approval. '1 I I I I I i I I Vedfy that tests, equipment and systems start-ups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof, and observe, record and report to Consultant appropriate details relative to the test procedures and start-ups. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Consultant. Interpretation of Contract Documents. Report to Consultant when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Consultant. 7. Modifications. Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with I I I I i I I I I I I I I I I I I I 9. 10. PSR's recommendations to Consultant. Transmit to Contractor in wdting decisions as issued by Consultant. Records. Maintain at the job site ordedy files for correspondence, reports of job conferences, Shop Drawings, Samples, reproductions of odginal Contract Documents, progress reports, Shop Drawing submittals received from and delivered to Contractor and other Project related documents. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the job site, weather conditions, dates relative to questions of Work Change Directives, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Consultant and the City's Community Development Department. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. Reports. Furnish to Consultant periodic reports as required of progress of Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample Submittals. Consult with Consultant in advance of scheduled major tests, inspections or start of important phases of the Work. Draft proposed Change Orders and Work Change Directives, obtaining backup matedal from Contractor and recommend to Consultant Change Orders, Work Change Directives and Field Orders. Report immediately to Consultant and City the occurrence of any accident. Payment Requests. Review partial and final payment requests with Contractor ~ for compliance with the established procedure for their ? Ce submission and forward with recommendations to Consultant, noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals. Dudng the course of the Work, the PSR shall vedfy that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this matedal delivered to Consultant for review and forwarding to City pdor to final payment for the Work. 12. ComPletion. Before Consultant issues :a Certificate of Substantial Completion, the PSR shall submit to Contractor a Punch List of observed items requiring completion or correction. Observe whether Contractor has performed inspections required by laws, rules, regulations, ordinances, codes or orders applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. Conduct a final inspection in the company of Consultant, City and Contractor and prepare a final Punch List of items to be completed or corrected. do Observe whether all items on Final Punch List have been completed or correCted and make recommendations to Consultant concerning acceptance and issuance of the Notice of Final Acceptance of the Work. 13. Availability of PSR on Site. The PSR will be on site on an as-needed but less than full-time basis, as mutually agreed by Consultant and City. Limitations of Authority by PSR. The PSR shall not: '1 I I I i I I I I I I I I I I I I I I I' I I I I i i I I I I I I I I I I I Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items) unless authorized in wdting by Consultant. 2. Exceed limitations of Consultant's authority as set forth in the Agreement or the Contract Documents. Undertake any of the responsibilities of Contractor, Subcontractor, Suppliers or Contractor's Superintendent. Advise on, issue directions regarding or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advise or directions are specifically required by the Contract Documents. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. .... Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 7. Authorize City to occupy the Project in whole or in part. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Consultant. TASK 11 CLOSE-OUT. The Consultant will provide final certifications and inspections as required. All engineering close-out documents will be prepared and presented to the local personnel in sufficient time to complete the project. Final as-built plans denoting all field changes shall be given to the Consultant by the Contractor. A final as-built survey to check locations and as*built elevations shall be done by a surveyor. The proposed project approach will ensure the necessary close cooperation between the City officials and staff, affected citizens, and the contractor. This is vital so that the City is assured of a good project which closes out on time with all objectives accomplished. The City will then be in a position to receive more funding under available programs. ATTACH MEN.~.._~_T I/ COMPENSATION 1. City shall pay Consultant for all Services rendered under in this agreement: as follows: 1.1. Basic Services. A lump sum of $22,751.0..0 for all Basic Services defined in the Agreement. The above lump sum is in accordance with the fees allowed by the Flodda Department of Community Affairs as governed by the USDA Farmers' Home Administration Fee Tables I and IA. 1.2. Project Site Representative. The Project Site Representative shall be compensated for services in a lump sum not to exceed $10,571.00. 2. City shall pay Consultant for Additional Services rendered in,the Agreement as follows: , -.: 2.1. For services of Consultants subcontractors performed or fumished, including subcontractors in the disciplines of land or aedal surveying, landscape architecture, geotechnical and hydrological services, structural, mechanical and electrical engineering, architectural design, and specialized inspection services, the amount billed to Consultant therefore times a factor of 1,15. The fee for land surveying shall not exceed $16,100 and for geotechnical services shall not exceed $2,300 without pdor approval of the City. The City has the right to approve all subcontractors. 2.2. For services performed by Consultant's principals and employees as consultants for the City or witnesses in any litigation, arbitration or other legal or administrative proceeding at the rate of .$400.00. per day or any portion thereof (but compensation for time spent in Preparing to appear in any such litigation, arbitration or proceeding will be on the basis provided in the Master Professional Services Agreement). Compensation for Consultant's subcontractors for such services will be on the basis provided in the Agreement. 2.3. Permit fees charged by regulatory agencies will be paid separately by City. 2.4. If the Construction Phase is extended for thirty (30) days beyond the construction contract pedod identified in the construction contract, City will pay for Consultant's costs based on the Houdy Billing Rat,e,s identified in the Master Professional Services Agreement or Consultant s subcontractors fee, if applicable, times a factor of 1.15 for the additional  hours of project representation and engineering se-~Tcces required due to the construction extension. ,o I I I I I I I I I I I I I I I I i i Times 3.1. 3.2. of Payments Consultant shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred each month. The statements will be based upon Consultant's estimate of the proportion of the total services actually completed at the time of billing. City shall make prompt monthly payments in response to Consultant's monthly statements. Consultant agrees to await payment until CDBG funds are received by City, provided City takes all reasonable steps to obtain CDBG funds in a timely manner. Provisions concerning unpaid invoices are defined in the Agreement. t! City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST FOR EXTENSION OF PRELIMINARY PLAT FOR VICKERS GROVE SUBDIVISION Approval for Submittal By: ) For Agenda Of: City Manager~j ) '~Exhibits: ) ) ) Dept. Origin:~Community Development~ ) . ) ) Date Submitted- 10/2/96 10/9/96 1. Letter dated 9/20/96 from Henry Fischer & Sons, Inc. 2. Site Map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT City Council approved the current preliminary plat for Vickers Grove Subdivision by Resolution R-95-16 at its March 8, 1995 meeting. On September 20, 1996 the Community Development Department received a request from Dr. Henry Fischer of Henry Fischer & Sons, Inc. asking for a three-year extension of the plat. The applicable fees for the extension were paid on September 27, 1996. Section 20A-16.4.E of the Land Development Code states that "the city council shall consider the request at a meeting and may extend the prescribed time period up to eighteen (18) months if the applicant presents evidence which demonstrates that the applicant has progressed in food faith toward implementing the preliminary plat.,, RECOMMENDED ACTIO~ Move to approve an eighteen month extension of the preliminary plat for Vickers Grove Subdivision to expire April 9, 1998. ~~~H · site Development ' EN RY F ISC H E R & SO NS, IN C. · Road & Parking Lot Construction ~'J P.O. Box 780068 · Sebastian, Florida 32978-0068 ,, Storm Drainage · Land Clearing ~'~' (407) 589-3159 · F~: (407) 589-7731 · Fill Hauling & Compaction · Heaw E~uipment Rentals September 20, 1996 Mr. Robert Massare!!i City of Sebastian 1225 Main Street Sebastian, Florida 3295S SUBJECT: Vickers Grove - Preliminary Plan Extension Dear Mr. Massarel!i: We wish to request a preliminary plan extension for the Vickers Grove Subdivision for three years. The length of time needed to comDlete this project is three years. Thank you. Sincerely, ~ ~qenr~ A. Fischer, D.D.S. HAF:sf cc: File Subject: Retention of Attorney Services for Existing Litigation - Citrus Utilities vs. General Development Utilities and City. of Sebastian Approved for Submittal by: City Manager Expenditure Requkedi' N° Agenda No. ~'~~,~_ Department Origin: City Manager/City Attorney Date Submitted' October 2, 1996 ForAgendaof October 9 ,1996 Extn~bits: Letter dated Sep. tember 9, 1996 firm of from law Frese, Nash & Torpy. P.A. and letter dated September 24, 1.996 from Richard E. Torpy . IAmount Budgeted: N/A No Additional Approp~iati0n Required SUMMARY STATEMENT Currently Sebastian is named cross-defendant in civil suit by Citrus Utilities against General Development Utilities and the City of Sebastian. Mr. Richard E. Torpy, formerly with the firm ofFrese, Nash, and Torpy, P.A. has represented the City since inception of the suit. Recently Mr. Torpy has decided to leave the fh'm and a decision with whom to remain as the attorney of record for the City is required_ Both. the City Manager and the City Attorney have met with Mr. Torpy regarding this matter. Since the case is neax completion, it would be prudent m retain. Mr. Torpy as the City's counsel in this matter. Mr. Torpy is now affiliated with the law firm of Amundsen, Moore and Torpy. RECOMMENDED ACTION Move to continue legal services by Mr. Richard E. Torpy through the firm of Amundsen,. Moore and Torpy authorizing the City Attorney to sign authorization on behalf of the City of Sebastian. C~.,..,,.~ ~ ~ * ~;~ ~ ~ S~ SOS Vmca~r G. Tom.~, J~. . --- =ptember 9, 1996 Ci~ of S=bafi~ 1125 Main S~eet Sebati~, FL 32958 Dear Sir/Madam: Please be advised that effective immediately attorney Richard E. T0:rpy has resigned from the law finn ofFrese, Nash & Torpy, P.A. The law finn ofFrese, Nash & Torpy, P.A. will continue to practice law at its present location. As of September 9, 1996, Mr. Torpy and his secretary, Leah Stevenson, will be located at The Spectrum Office Building, 200 S. Harbor City Boulevard, Suite 203, Melbourne, Florida 32901. The name of Mr. Torpy's new law firm will be Amundsen, Moore & Torpy and the new phone number will be (407) 724-6262. Phone messages and mail received at the offices of Frese, Nash & Torpy, P.A. will be delivered daily to Mr. Torpy during this period of transition. The law finn ofFrese, Nash & Torpy, P.A. and its professional employees will be available at their present location and telephone number. Our primary concern is that your file continue to receive the attention it requires and that this transition take place as smoothly as possible. Pursuant to the Lawyers' Code of Professional Responsibility, the decision as to which lawyer or law firm you choose to handle your file is one that is completely and totally yours. We have a legal and ethical obligation to do everything we can to handle your file and to not in any way jeopardize your claim(s). Until such time as you have notified us in writing of how you wish to proceed, we will do everything we can to continue your representation without interruption. However, we must have your decision as quickly as possible. To simplify the process, we have enclosed an exact copy of tlfis letter along with a pre- addressed and pre-stamped envelope. Please complete the bottom portion of this letter and remm it immediately in the enclosed envelope. If you or your family have any questions about this decision or what is being asked of you s letter, you may call either office or schedule an appointment. September 9, 1996 Page Two We regret any inconvenience that this may cause but assure you that our primary concern is the best interest of your case. Thank you for your attention. FRESF~ NAS TORPY, P.A. AMUNDSEN, MOORE & TORPY Richard E. Torpy, President ., do hereby request that my case be handled by the following law finn: __ FRESE, NASH & TORPY, P.A. __ AMUNDSEN, MOORE & TORPY Your Signature Date PAUL H. AMUNDSEN RICHARD W. MOORE RICHARD E. TORPY RODOLFO ~ E. PALMER MASON OF COUNSEL: BYRON B. MATHEWS, JR. City of Sebastian 1125 Main Street Sebastian, FL 32958 Dear Sir/Madam:: AMUNDSEN MOORE & TORPY ATYORNEYS AT LAW 200 SOUTH HARBOR CITY BOULEVARD SUITE 2O3 MELBOURNE, FLORIDA 32901 (407) 724-6~62 FACSEVlrL~ (407) 727-2006 PLEASE REPLY TO: RIELBOURNE OFFICE September 24, 1996 i I TALLAHASSEE OFFICE . (904) 42&2444 FACSIMILE: (904) 425-2447 I 1 i I By now you should have received a joint letter form my former law firm, Frese, Nash & Torpy, P.A., regarding my new law practice, Amundsen, Moore & Torpy. This follow-up letter is for two purposes. First, I want'you to know that I am engaging in the same practice of law that I did with Frese, Nash & Torpy, P.A., however, I have expanded my capabilities by adding an office in Tallahassee, which will allow me closer access on certain government issues that I deal with on a daily basis. By agreement with Frese, Nash & Torpy, P.A., I have already taken Your file with me so I can continue to work on your matter. If you have not already responded to the joint letter indicating that your file should be transferred to my office, please do so at your earliest convenience as this is required by the rules of ethics and it will help finalize the transfer of any trust funds you might have on account. Of course, if you wish for your file to be handled by the firm ofFrese, Nash & Torpy, P.A., you are free to do so and I will return any files to Frese, Nash & Torpy upon your direction. I look forward to continuing to serve you in the future. If you have any questions regarding this change in my law practice, please contact me. I will be happy to discuss this with you further. Sincerely, RETAs AMUNDSEN, MOORE & TORPY Richard E. Torpy City of Sebastian TELEPHONE (407) 388-8200 [] F.~X (407) 589-5570 Subject: Change Order with Henry Fischer & Sons to provide for the construction a driveway off Airport Road West for Brian Barry (Aerotrace, Inc.) Approved for Submittal by: City Manager ,_ Agenda No. Department Origin: City Manager Date Submitted: October 2, 1996 For Agenda of October 9, 1996 Exhibits: Cost Estimates from Public Works Expenditure Required: $2,900 Amount Budgeted: $0 No Additional Appropriation Required: $2,900 SUMMARY STATEMENT The City was recently contacted by Mr. Brian Barry requesting to have the City consider the construction of a driveway into his lease tract off Airport Road West. All other tenants on the west side did have their driveways paved from the edge of the e,,dsting pavement to the edge of their leaseholds. Mr. Barry is in the process of building his facility, but was unable to access the property. The estimated costs based on the unit prices with the City's contracted is estimated to cost approximately $2,900. RECOMMENDED ACTION In light of the other tenants getting their driveways paved, it is logical that the City authorize an appropriate appropriation form the airport funds in the amount of $2,900; authorize the City Manager to execute a change order under the existing contract with Henry Fischer & Sons not to exceed $2,900 for a driveway to be constructed from the roadway up to the lease hold with Brian Barry (Aerotrace, Inc.). Date: To: From: Subject: City of Sebastian 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 TEL, EPHONE (407) 589-5330 ct FAX (407) 589-5570 M E M 0 I~.A N D U M July 17, 1996 Thomas W. Frame, City Manager Richard B. Votapka, Public Works Director Cost Estimate for Construction of Two Driveways Along Airport Drive West for Skydive Sebastian & Brian Berry's Site ~-~ NOTES': estair /sg 1) 2) Description of Item QL~qXHL~ Installation of 12" x 18" RCP 60 LF x Mitered End Section 1- 1/2" Asphalt Wearing Surface 6" Coquina Rock Base Course 8" Stabilized Subgrade Additional Fill Required Both Driveways Within the Right-of-Way are based on the Construction Drawing for Brian Berry's Project. Construction Costs are based on Henry Fischer & Son Leasing Inc. Bid for Airport Drive West Contract Dated May 21, 1996 $16.45/LF= 2 EA x $200/EA = $3.60/SY = $4.95/SY = $1.95/SY = $3.50/cY = 123 SY x 129 SY x 134 SY x 42 CY x TOTAL COST PER DRIVEWAY = ROUND TO X 2 DRIVEWAYS TOTAL ESTIMATED COST FOR CONSTRUCTION OF 2 DRIVEWAYS $ 987.00 $ 400.00 $ 442.80 $ 638.55 $ 261.30 $2876.65 $2900.00X2 $5800.00