HomeMy WebLinkAbout05091990City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
REFERENCE:
MEMORANDUM
5/3/90
Robert S. McClary, City Manager
Bruce Cooper, Director of Community Developme~~
Mr. Bassi
As per your request, I am attaching the following documents to be submitted
to the City Council for their information concerning Mr. Bassi's public
input for the agenda of May 9, 1990.
The documents are as follows:
1. This is the job description for the Building Official that was
in effect in 1987 for the City of Sebastian.
2. This is the current job description for the Director of Community
Development/Building Official adopted October 12, 1988.
3. This is a copy of the 1985 edition of the Standard Building Code,
Appendix A recommended supplemental administrative provisions.
4. This is the 1988 (present) edition of the Standard Building Code,
Appendix A recommended supplementai administrative provisions.
Copy of the special City Council meeting minutes of June 16, 1987
concerning the motion approving the appointment of myself as Building
Official for the City of Sebastian.
This is the letter from the City of. Sebastian to myself confirming my
appointment as the Building Official to the City of Sebastian and any
stipulations.
7. This is a copy of the performance evaluation report for Bruce Cooper
after his 6 month probation.
Copy of Certification for Bruce Cooper as Building Official-
Department Director by the Building Official's Association of
Florida dated June 30, 1988 (within 1 year of employment date).
9. Certification of Bruce Cooper by the Building Official's Association
of Florida for Chief Building Inspector dated May 26, 1987.
10. Certification from the State of Florida for Bruce Cooper for a
Building Inspector dated October 1, 1986.
11. Certification from Southern Building Code Congress International
for Bruce Cooper as a Plumbing Inspector dated September 22, 1984.
12. Certification from Southern Building Code Congress Internationa~
for Bruce Cooper as a Building Inspector dated April 6, 1983.
13. Resume of Bruce Cooper submitted in 1987 for the position of
Building Official for the City of Sebastian.
In summary, the City Council did not mandate certification as a Building
Official within 1 year but due to the discussion of my interview I took it
upon myself to be certified as a Building Official through the Building
Official's Association of Florida.
~BUILDING OFFICIAL
MAJOR FUNCTION
Thim ia administrative and inepection&l work directing
ILLUSTRATIVE DUTIES
Directs and mupeNviaoa the overall activities of the
department.
Handlem ill correspondence relating to the enforcement
of Building and Zoning Regulations. Interprets and enforce~
the Southern ~tandard Building Codes and the City Zoning
Conform with other City officiaio.
Kaepa informed of all new materials, new conmtruction '
mOZhods and changes in all codes. '
Prepares budgetary ~utimatee end p~rforma all related work
for tho Building Inspection Department.
Makes decimions on difficult interpretations and technical
problemm in the building, plumbing, zoning and electrical
of the Building Inspection program.
Prepares and recommends amendments and
munic~pal codes relating to the d~par~ment.
Makes lnepections throughout the City for conformance
to mafe~y and the Southern Standard Building Code.
.Dellverm talks on building esfety and building regulatton~
to civic and professional orqantzatlone.
Handles oomplaincm on &Il areas of the ~uilding
Department.
Supervlsoa all licensing of contractore. Checks
ind~viduale conformance to licen~ure requirementm.
Represents the departments o~ committees and in various*
Performs related work &e required.
^ss~s duties of City £n~ineea
~INI~U~ ~UALIF ICaT!ONS
Knowledge. Abilitle~ and Skills: Knowledge of modern
cona~ruc~ion~met~ds ~ P~cti6ea ~
materials and equipment as
applied to approval of plans and specifications and the lnmpoc-
tiom~ of buildings and mtructuree. Knowledge of City Charter,
City Ordinances, State and County Statutem and the rulem and
regulations purmuant thereto affecting the operations and
functions of the Building D~partment. Knowledge oi building,
electrical, ~lumbing, heating and air conditioning inspection.
Knowledge of the organization and functions of City ~overnment.
Knowledge of the legal problems and procedures involved i~ tho
pro~ecution of pereonm violating the laws aaminiot~red by the
va[Pod ia the writing of ordinances.
BLiILDING OFFICIAl, (Continued)
Knowtedge~ Abilities and Skills: (Continued) Ability
to establish and maintain cooperative relationships with con-
tractors, general public, public officials, and to enforce
Building and Zoning regulations with firmness and tact. Ability
to apply the principles and practices of organization,"personnel
and financial management of the operation of a municipal
department. Ability to speak effectivel.yt in public .Ability
to handle correspondence and other admin strative d~taxls.
Training an~ E~pgrience: Graduation from high school
or an equivalent certifi~ti°n. Exten.~ive experience of in-
creasingly responsible administrative nature tn work involving
building rnspection, design, or construction and in accordance_
with code /'equirements for Building Officials. Certification'
as a Building Official or Building Inspector is desireable
but is not necessarily required.
As amended by Resolution No. R-85-26, May 6, 1985.
Note:
At Regular City Council Meeting of 5/8/85, Motion was
passed to chan~e word "recommenOea,, to"destreable".
"Exhibit A"
DIRECTOR O__F COMMUNITY DEVELOPMENT/BUILDING OFFICIAL
MAJOR FUNCTION
Supervises and coordinates the activities, personnel and
functions of community development which includes the Building
Department, Planning and Zoning, Code Enforcement and
Construction/Licensing Board.
ILLUSTRATIVE DUTIES
Directs and supervises the overall activities of the Department
of Community Development. Prepares and administrates the
department budget. As Director, this position also functions as
the Building Official as required by Code. Interprets and
enforces the adopted construction codes, Code of Ordinances and
Land Development Code. Prepares written recommendations on
variances and appeals to the Board of Ad3ustment. Attends, as
needed, City Council, Planning and Zoning, Code Enforcement and
Construction Board meetings. Review and make recommendations on
site plans, subdivisions, P.U.D.'s, annexations, zoning and land
use amendments, grants and other urban pro3ects.
MINIMUM QUALIFICATIONS
Knowledger Abilities and Skills:
Knowledge of modern construction methods, materials and equipment
as applied to approval of plans and specifications and the
inspection of building and structures. Knowledge of building
electrical, plumbing and H.V.A.C. Codes. Required thorough
knowledge of land use management, plan review principles,
practices and standards applied to locations design and
construction, organization of work flow; technical 3udgment and
individual initiative.
Ability to establish and maintain cooperative relationships with
contractors, architects/engineers, general public, public
officials and to enforce building and zoning regulations with
firmness and tact. Ability to apply the principals and practices
of organization, personnel and financial management of the
operation of a municipal department.
TRAINING AND EXPERIENCE
Graduation from High School or equivalent. Four year college
degree or equivalent combination of education and experience.
Certification as a Building Inspector from Southern Building Code
congress and Certification as Building Official from either
C.A.B.O. or B.O.A.F. within one year from date of hire.
ADOPTED BY RESOLUTION NO. R-88-67, OCTOBER 12, 1988
APPENDIX A
RECOMMENDED SUPPLEMENTAL
ADMINISTRATIVE PROVISIONS
,The p. ro. vi.sio, ns co. ntain~ed in this appendix are intended to supplement Chanter
~ -- .~am~mst.r. atmn of this_Code, when neither the state nor local overn~n"~
statutes or ordinances conflict with the provisions contained here~n, nt
Provisions of this appendix can be incorporated into Chapter I of this Code,
in accordance with the section numbers shown.
A101.3 -- SCOPE
A101.3.4 Maintenance. All buildings or structures, both existing and new,
and all pans thereof, shall be maintained in a safe and sanitary condition.
All devices or safeguards which are required by this Code in a building
when erected, altered, or repaired, shall be maintained in good working order.
The owner, or his designated agent, shall be responsible for the maintenance
of buildings and structures.
A101.4 -- BUILDING DEPARTMENT
A101.4.1 Building Official Qualifications. The Building Official shall have
at least l0 years experience or equivalent, as an architect, engineer, inspector,
contractor, or superintendent of construction, or any combination of these,
for 5 years of which he shall have been in responsible charge of work. He
shall be appointed by the applicable governing body. He shall not be removed
from office except for cause after full opportunity has been given him to
be heard on specific charges before such applicable governing body
A101.4.2 Insp®clor Qualifications. The Building Official, with the
approval of the applicable governing body, may appoint such number of
officers, inspectors, assistants and other employees as shall be authorized
from time to time. A person shall not be appointed as inspector of construction
who has not had at least 5 years experience as a building inspector, engineer,
architect, or as a superintendent, foreman or competent mechanic in charge
of construction.
A101.4.$ D®put¥ Building Official. The Building Official may designate
as his deputy an employee in the department who shall, during the absence
or disability of the Building Official, exercise all the powers of the Building __=
Official.
Al01.4.4 Raslrlclions On Employees. An officer or employee connected
with the department, except one whose only connection is as a member of
the board established by this Code, shall not be financially interested in ___=--
the furnishing of labor, material, or appliances for the construction, alteration,
or maintenance of a building system, or in the making of plans
specifications thereof, unless he is the owner of such building. Such officer
or employee shall not engage in any other work which is inconsistent with __---
his duties or conflicts with the interests of the department.
Records. The Building Official shall keep, or kept,
A101.4.5 cause to be
Standard Building Code/1985 369
APPENDIX A
RECOMMENDED SUPPLEMENTAL
ADMINISTRATIVE PROVISIONS
The provisions contained in this appendix are intended to supplement Chapter
I of this Code, when neither the state nor local government statutes or
ordinances conflict with the provisions contained herein.
Provisions of this appendix can be incorporated into Chapter I of this Code, "'
in accordance with the section numbers shown.
A101.3 Scope
A101.3.5 Maintenance. All buildings or structures, both existing and new,
and all parts thereof, shall be maintained in a safe and sanitary condition.
All devices :or safeguards which are required by this Code in a building
when erected, altered, or repaired, shall be maintained in good working order.
The owner, or his designated agent, shall be responsible for the maintenance
of buildings and structures.
A101.4 Building Department
A101.4.1 Building Official Qualifications. The Building Official shall have
at least l0 years experience or equivalent, as an architect, engineer, inspector,
contractor, or superintendent of construction, or any combination of these,
for 5 years of which he shall have been in responsible charge of work. He
shall be appointed by the applicable governing body. He shall not be removed
from office except for cause after full opportunity has been given him to
be heard on specific charges before such applicable governing body.
A101.4.2 Inspector Qualifications. The Building Official, with the approval
of the applicable governing body, may appoint such number of officers,
inspectors, assistants and other employees as shall be authorized from time
to time. A person shall not be appointed as inspector of construction who
has not had at least 5 years experience as a building inspector, engineer,
architect, or as a superintendent, foreman or competent mechanic in charge
of construction.
A101.4.3 Deputy Building Official. The Building Official may designate as
his deputy an employee in the department who shall, during the absence
or disability of the Building Official, exercise all the powers of the Building
Official.
A101.4.4 Restrictions On Employees. An officer or employee connected with
the department, except one whose only connection is as a member of the
board established by this Code, shall not be financially interested in the
furnishing of labor, material, or appliances for the construction, alteration,
or maintenance of a building system, or in the making of plans or of
specifications thereof, unless he is the owner of such building. Such officer
or employee shall not engage in any other work which is inconsistent with
his duties or conflicts with the interests of the department.
A101.4,5 Records. The Building Official shall keep, or cause to be kept,
a record of the business of the department. The records of the department
shall be open to public inspection.
Standard Building Code/1988 475
SPECIAL CITY COUNCIL MEETING
MINUTES
JUNE 16, 1987
MAYOR HARRIS CALLED THE MEETING TO ORDER AT 9:30 A.M.
ROLL CALL:
PRESENT:
VICE MAYOR KENNETH ROTH
COUNCILMAN GEORGE METCALF
COUNCILMAN PETER VALLONE
~ MAYOR L. GENE HARRIS ~
ABSENT: COUNCILMAN ROBERT McCARTHY (EXCUSED)
THE PURPOSE OF THE MEETING WAS TO INTERVIEW THE FOLLOWING INDIVIDUALS
FOR THE POSITION OF BUILDING OFFICIAL:
9:30 A.M. - GEORGE BONACCI
10:30 A.M. - RONALD THOMAS
11:30 A.M. - BRUCE COOPER
THE THREE APPLICANTS WERE QUESTIONED IN DEPTH BY THE COUNCIL. IN
RESPONSE TO A QUESTION ABOUT WHEN HE WOULD BE AVAILABLE TO START WORK,
IF APPOINTED, MR. COOPER STATED HE WOULD LIKE TO GIVE HIS PRESENT
EMPLOYER 30 DAYS.
COUNCIL~AN VALLONE NOMINATED MR~ BONACCI WITH TWO STIPULATIONS - THAT
HE TAKE A TEST WITHIN ONE YEAR TO BECOME A CERTIFIED BUILDING OFFICIAL
AND THAT THE SALARY WOULD BE $23,000. PER YEAR.
COUNCILMAN METCALF NOMINATED MR. COOPER WIT}{ THE STIPULATION THAT HE
START WORK IN 21 DAYS AT A SALARY OF $25,000.
MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN METCALF, TO CLOSE
NOMINATIONS. CARRIED. ~t~
FOLLOWING VOICE VOTE TAKEN:
VICE MAYOR ROT}{ -
COUNCILMAN METCALF -
COUNCILMAN VALLONE -
MAYOR HARRIS -
MR. COOPER
MR, COOPER
MR. BONACCI
MR. COOPER
MR. COOPER APPOINTED BUILDING OFFICIAL BY VOTE OF 3 TO 1.
MEETING ADJOURNED AT 12:29 P.M.
MINUTES WERE APPROVED AT THE JUNE 24TH, 1987 , MEETING
....
Eli~abet~ Reid, Pephty City Clerk ....
L. Gene Harrl.
Mayor
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127
TELEPHONE (305) 589-5330
KMhryn M. Benjamin
City Clerk
June 17, 1987
Mr. Bruce Cooper
8627 ll7th Way N.
Seminole, Florida
33542
Dear Mr. Cooper:
This is to confirm that the City Council has appointed you as
our Building Official with the understanding that your salary
will be $25,000. per year and the stipulation that you report
for work on Wednesday, July 8, 1987.
For your information the City has excellent benefits which
include a fully-paid health and dental plan.
We look forward to working with you.
Sincerely,
Elizabeth Reit%t.
Deputy City Clerk
LR
PERFORMANCE EViiLUATION REPORT
FOR
MANAGERS AND SUPERVISORS
Name BRUCE COOPER Class Title BUILDING OFFICIAL
Department BUILDING DEPARTMENT Division
Date Hired 7-8-87 Last Review Next Review
Purpose of Evaluation: ( ) Regular (x) Probationary ( ) Special
PERFORMANCE FACTORS
Evaluate one factor at a time and check the
performance level which you believe is most
appropriate Set a schedule for strengthening
those
factors
where
improvement is.needed.
A. MANAGEMENT
1. Managing Human Resources
Comments:
2. Managing Financial & Material Resources
Comments:
3. Managing Work Systems & Operations
Comments:
4. Managing Informat:i. on
Comments:
B. TECHNICAL SKILLS & ABILITIES
PERFORMANCE FACTORS
2. Productivity
Comments:
3. Problem Solving
Comments-
C. PERSONAL PERFORMANCE
1. Objectives
Comments:
2. Accomplishments
Comments:
3. Development
Comments:
4. Personal (Self)
Comments:
5'Comments: Supervisor/Employee
OVERALL COMMENTS:
'ERALL EVALUATION:
Unsatisfactory
Satisfactory__
Above Satisfactory ....
EMPLOYEE COMMENTS:
Signature of Employ~ /
Date ./~/~~ ~~
Signature of Supervisor
.-% performance salar',' i::srease (~, should ( ) should not be granted.
PHONE
BIRTHDATB
8627 llTth Way N.
(813)392-6053
April 13, 195~
Columbus, Ohio
Seminole, Flo'rida '33552
~RITAL STATUS, Married,
two children
EDUCATION/CERTIFICATIONS
West High School
Communications School
Aircraft Loading
Certified by the following,
Southern Building Code Birmingham,
Congress International
Columbus, Ohio 1971
Ft. Gordon, Georgia 1971
Ft. Richardson, Alaska 1972
Alabama 1983
Diploma
Certificate
Certificate
Building - inspe c t or
Southern Building Code Birmingham, Alabama 1984
Building Officials Association of Florida 1986
Dept. of Community Affairs
Florida Board of Bldg. Codes and Standards
Building Officials Association of Florida
1986
1987
Plumbing Inspector
Assistant Chief
Inspector
State Certified
Building Inspector
Chief Inspector
PREVIOUS EMPLOYr, IENT
City of Treasure Island, Building Department, Treasure Island, Florida
Job Title: Deputy Building Official
1982-Present
Duties:
Duties,
Inspected all residential and commercial projects through
all phases (structural, electrical, plumbing, HVAC) of
construction. Review building plans for code compliance.
Analyse, write and present all Board of Adjustment &
Planning Board cases at public hearings. Also, as Code
Enforcement Officer write Municipal Code Citations.
Below duties and skills of Engineering Tech. III and
Plan Reviewer are similar within my present position.
Municipality of Anchorage, Building Department, Anchorage, Alaska
Job Title, Plan Reviewer/Engineering Technician III
6/76 to 4/82
Perfomed advance, complex, professional work in the field
of engineering. Trained and supervised six subordinate
technician, planned and directed their work activities in
specifically assigned areas. Required thorough knowledge
of land use management, plan review principles, practices
and standards applied to location design and constructionl
sources of relevant project informationt organization of
. work flowl technical Judgement~ individual initiative,
deciding appropriate alternatives in order to follow
RESU1WE OF BRUCE COOPER (page two)
through on projectsl program admin£strationl
mathematics.
advanced
Skills
Included~
Received, reviewed a~d recommended approvals or dis-
approvals of cont-ruction plans. Reviewed proposed bonding or
'other contractual agreements required by land.use manage-
ment. Prepared narrative and statistical reports, cor-
respondences and informational memoranda~ maintained effectiv~
working relationships with supervisors, subordinates, staff,
contractors and the general public.
investigative techniques, use of surveying, drafting and
standard office equipment! research report writing~ super-
vision in the area of field inspections. This position
required extensive contact with the public, architect~,
engineers, and owners of large projects.
Greater Anchorage Area Borough, Anchorage, Alaska
Job Title,
Duties,
Zoning Isp~ctor
8/?. to 11/75
(Now Mur~cipality of
Anchorage)
Lead zoning inspector for Zoning Enforcement. Received and
investigated zoning violations. Wrote reports and present-
ations of staff analysis on variance and appeal cases for
the Board of Examiners and Appeals at public hearings.
Enforced planning and zoning commission resolutions on
special excepticns~ hospitals, gravel pits, ~ownhouses
and natural resource extractions. Performed non-confomtng
studies on recent zonings. This position required extensive
contact with the general public and irate citizens.
United States Army
Duties,
Grade E-~ (Ac~ing E-5 for 13 months)
M.O.S. Communications Specialist
./71 to
Squad leader for Tactical Communications Unit stationed at
Ft. Richardson, Alaska for 2.~ years. Held h~ghest security
clearance possible, Top Secret N.A.T.O. Operated equipment
classified as scramble devices for autophone (voice) and
teletype utilized in Communication Center. As a key personnel
I was also involved in schooling for loading equipment and
trucks on 0-130 Air Force craft to locate in remote areas of
Alaska.
Honorable Discharge, ~ood Conduct Medal and numerous letters
of appreciation.
The following is a list of actions taken at the May 9, 1990
Regular Meeting.
Councilman McCollum offered to be liaison to Teens Against
Boredom - no action required
90.045 - Bassi - Council called special meeting for 5/14 -
no action required since Bassi cannot attend - is cancelled
- reschedule meeting in future
3. 4/25/90 minutes approved - sign, seal - place in book
90.124 - Request for Security Deposit and Fee Waiver for
Use of Community Center - Sebastian 4th of July
Committee - Benefit Dance 6/23/90 - 8 p.m. to 12
a.m. - A/B - Permittee DOB 1/19/54 - approved - letter to
4th of July Committee - JoAnn - in future have a permittee
name - not organization - (told JoAnn)
90.124 - Request for Security Deposit and Fee Waiver for
Use of Yacht Club - Sebastian 4th of July Committee - ViP
Breakfast 7/4/90 - 6:30 a.m. to 12:00 p.m. - approved - same
as above
90.125 - Request for Community Center - Sebastian River
Shrine Club - Pot Luck Supper - 9/12/90 - 5 p.m. to 9 p.m. -
A/B - Permittee John Zaricky DOB 1/7/22 - Security Paid -
approved - JoAnn
90.126 - Request for Community Center - Burns Wedding -
9/1/90 - 6 p.m. to 10 p.m. - A/B - Permittee Ava Burns -
11/29/64 - Security Paid - approved - JoAnn
90.127 - Bid Award - Golf Course - Orthene Insecticide -
600 lbs. - Terra International, Inc. - 84,950.00 - awarded -
copy minutes to Finance, GC and file - letters to bidders -
file 90 purchases
90.128 - Bid Award - Cemetery - Unit 4 - Sod - Bannerman
Landscaping, Inc. - 813,260 - removed from agenda -
possibly to next meeting - file pending
slO.
90.129 - Bid Award - Cemetery - Unit 4 - Irrigation -
Clark Water Co. - 83,700 - removed from agenda - possibly to
next meeting - file pending
11.
89.003 - Schedule 5/16/90 Special City Council Meeting for
the Purpose of Presentation of Williams, Hatfield & Stoner
Revised Scope of Services/Airport Community
Compatibility/Master Plan Study - 5/16/90 @ 7:00 P.M. -
approved - put public notice on board - send agendas out
5/11/90
12. 90.130 - P & Z - Krulikowski reappointed 5/90 to 5/98 - copy
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
minutes to P & Z, Bruce and file - letter to Krulikowski -
file 90 boards
88.084/90.131 - Resolution No. R-90-18 - Main Street
realignment agreement - approved - sign, seal res and
agreement (4 originals) - done - Robb took 3 signed
originals - have Charlie sign resolution - copy to black
book, file and City Attorney (resolution only - he already
has agreement) - Robb says Charlie will have recorded -
Mylar has been signed and sealed - Peter took it to David
Fisher 5/10/90 to bring to county for recording - update
res-90 in computer - blueback original - file with original
resolutions for 1990 - file backup with other Main Street
files for now - I have them
90.058 - Accessory Buildings - Council approved staff
recommendation - Attorney to draft ordinance - copy minutes
to P & Z (with Bruce's memo 5/3/90) and file - file pending
88.084/90.132 - Award Bid for clearing - Main Street -
Dennis L. Smith - $8500 - copy minutes to PW/Engr, Finance
and file - letters to bidders - file 90 purchases
Oberbeck suggestion - Manager contact F.D. for burning -
Main Street clearing
88.193/90.133 - Policy Facility Architects - Architects
Design Group - staff to begin negotiations with them and
bring contract back to Council - no time certain
90.134 - Discussion - possibility of Golf Course Management
lease - denied - no further action
90.135 - Manager to send certified letter to County
Commissioners expressing dissatisfaction with regard to
Terry Pinto's refusal to attend City Council meeting to
address public on north county sewer project - done by City
Manager's office - create file
90.136 - Manager to send letter over Mayor's signature to
County Commission objecting to renaming library from
Sebastian Area County Library to North County Library -
create file
90.137 - Discussion - relocation of Pilot club sign -
5/23/90 agenda - staff report
Oberbeck request - look into Art Club agreement for
Riverview Park - 5/12/90 use - did - they are scheduled
Oberbeck request - to Director of Community Development -
did Riverview Park facility have site plan approval
Oberbeck request - use general location description as well
as metes and bounds at public meetings
2
* REOUEST ~ ~ILI~ A E~ ITEM
AGENDA DATE REQUESTED:
DATE SUBMITTED TO CLERK'S OFFICE:
DEPARTMENT:
AGENDA ITEM REQUESTED: /~'/~
BACK-UP MATERIAL:
DATE MATERIAL SUBMITTED TO CITY ATTORNEY'S OFFICE FOR
PREPARATION OF ANY LEGAL DOCUMENT, ORDINANCE, RESOLUTION, ETC.
SIGNATURE OF REQUESTING AGENCY (IF CITIZEN, NAME ADDRESS AND
PHONE NUMBER) ' '
.c.z ~. :.v ~/~-' ~., ,Z!~./->~ 3',~ /
· .:'., i-" ?.~1 _:. ;'/.%.'~, /.' ,~ .... ?' ? >': C ,~ ,
"/" /" ,,~i, :': 7' (- ';: >: ':
* If this request has not been reviewed by appropriate staff it
may be deferred to a later date
* REOUEST FOR ~ AGENDA
AGENDA DATE REQUESTED: ,/"~ /~
DATE SUBMITTED TO CLERK'S OFFICE:
BACK-UP MATERIAL
DATE MATERIAL SUBMITTED TO CITY ATTORNEY'S OFFICE FOR
PREPARATION OF ANY LEGAL DOCUMENT, ORDINANCE, RESOLUTION, ETC.
SIGNATURE OF REQUESTING AGENCY (IF CITIZEN, NAME, ADDRESS, AND
PHONE NUMBER)
* If this request has not been reviewed by appropriate staff it
may be deferred to a later date
DEPARTMENT OF PROFESSIONAL REGULATION
Larry Gonzalez
Leonard Bassi
573 Browning Terrace
Sebastian, FL 32958
RE:
CERTIFICATION OF NON LICENSURE
BRUCE COOPER
Sebastian, FL
I, Eva Chambliss, Florida Construction Industry Licensing Board,
am the designated custodian of the records of the Board. I have
conducted a thorough search of the official recOrds of the Board
pertaining to BRUCE COOPER ; and I cannot find any evidence that
BRUCE COOPER is now licensed and qualified, as a licensed builder
registered or certified respectively, by the Florida Construction
industry Licensing Board, pursuant to Chapter 489, Part I,
Florida Statutes, or any predecessor of such Cha~te~.'
Custodian of Records
Personally appeared before me, the undersigned authority, Eva
Chambliss, Florida Construction Industry Licensing Board,
Department of Professional Regulation, who being first sworn says
that the above affixed seal is the official seal of the Florida
.Construction Industry Licensing Board, Department of Professional
Regulation, a state agency. ~ ~.
SIGNED. ~" /~'~/~
STATE OF FLORIDA
D :PARTMENT OF COMMUNITY AFFAIRS
2740 CENTERVIEW
BOB MARTINEZ
Governor
DRIVE ° TALLAHASSEE,
FLORIDA 32399
THOMAS G. PELHAM
Secretary
April 26, 1990
Mr. Leonard Bassi
573 Brownie Terrace
Sebastian, Florida 32958
Dear Mr. Bassi:
We appreciate your interest in the voluntary certification
program for building inspection personnel administered by this
Department under the auspices of the Board of Building Codes and
Standards. As Ms. Jean Easom advised you earlier, certification
through this program should in no way be construed as the
equivalent of having obtained a license.
The program was established as a means for local building
officials and inspectors to demonstrate their competency with
respect to knowledge of the building codes. Participation is not
currently required by law, and the Department of Community
Affairs does not have authority to administer a full-blown
regulatory program. Enclosed is a copy of the requirements for
certification in the several categories offered. This may help
provide more details about the program.
If you have any questions or would like more information,
please contact us again.
Sincerely,
Codes and Standards
Section Administrator
RKH/mks
EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
COMMUNITY CENTER X YACHT CLUB
Name of Renter/Organization Sebastian4thof July. C~ttee
Number of Persons constituting group or organization!
Reason for Rental D~nce - 4th of July Fundraiser
Requested Date Saturday, ,Jm~ ~3, 1990
Time of Day: From 8:00.~M
Please answer YES or NO:
1) Are kitchen facilities required?
2) Are you a resident of Sebastian?
3): Will decorations be put up?
4)
$)
TO 12:00 AM
Will there be an admission or door chargs?
Will alcoholic beverages be served? YES
(a) If answer to ~5 is yes -
(b)
permittee's proof of age FL DRIVER"S LIllE
If alcohol is to be served, permission is required by the
City Council. Your request will be presented to Council
on
Amount of Rental 7% Tax:
Security Deposit: $ Total Rental: $
Name Of Permittee: Sebastian~thof Jul¥C~,,dttee
Address of Permittee: P.O. Bax780127 Sebastian, Fl 32978-O127
Telephone No.: 589-5122 Date of Application ~--30-90
Make checks payable to: CITY OF SEBASTIAN
APPROVED/DISAPPROVED
City Clerk
TO BE FILLED IN BY CITY CLERK'S OFFICE
Security Deposit paid on
by Check
(date) in the amount of
or Cash
initial
Rental Fee paid on
by Check #
(date) in the amount of
or Cash
initial
Alcoholic Beverage Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Fee Waiver Request heard st the Council Meeting on
(date). Request APPROVED/DENIED.
Key Pickup Date
Key Return Date·
Security Deposit returned by City Check
amount of on
in the
(date).
Amount kept for damages (if applicable).
SEBASTIAN 4TH OF JULY CELEBRATION
P.O. BOX 780127
SEBASTIAN, FL 32978-0127
30, 1990
The Honorable Will Conyers, Mayor
City of Sebastian
P.O. Box ?80127
Sebastian, Florida 32978-0127
RE: Yacht~ Club & Community Center Rental
Dear Mayor Conyers,
The Sebastian 4th of July Committee respectfully requests
that all fees and charges for use of the City facilities be
wai red.
The use of the Yacht Club will be for the purpose of holding
the annual VIP Breakfast at the beginning of the day's
festivities. No alcoholic beverages will be served at the
break fa s t.
We request that the City grant permission to serve alcoholic
beverages at the June 23rd dance in direct benefit to the
celebration. All licenses required ~or said sale will be
secured prior to the event with copies, as appropriate,
provided for the record of council.
In regard to the council's purpose in collecting deposits for
usage of these facilities, we understand the intent and
design behind these actions, but request that the deposit
~equirements be waived. In lieu of a monetary deposit,
Falcon Cable TV will accept liability on behalf of the 4th of
July Committee for any cleanup or damage charges ~hat may be
acce s s ed.
Si ncere l y,
Ken Vickers, Chairman
Sebastian 4th of July Committee
cc: · Council Members
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
DATE:
TO:
THROUGH:
FROM:
SUBJECT:
May 9, 1990
All Department Head~.j~
Robert S. McClary
~m°p~eT~~s
Attached you will find a slightly-revised performance evaluation
form for non-supervisory employees.
On the 15th day of each month, we will send you evaluation forms
-- preprinted with employees' names, titles, and anniversary date
-~ for your employees whose evaluations are due during the
following month.
Attachment
DEPARTHENT:
nl~I~~Y DATE:
EMPLOYEE PERFORMANCE EVALUATION REPORT
FOR
NON-SUPERVISORY PERSONNEL
The purpose of this rating is to evaluate, the employee's
erformance, to point out strong points and areas that need
mprovement, and to ?rovide directions for improvement. The
evaluation must be reviewed with the employee and have required
signatures before submission.
FACTO o o
Rate one factor at a time and check the
performance level which you believe is
most appropriate. (See manual for a
definition of factors.)
A. Job Knowledge
B. Quality of Work
c. Productivity
D. Initiative
E. Attitude
F. Judgment
G. Dependability
H. Attendance
I. Appearance
J. Safety and Care of Equipment
K. Relations with Others
L. Communications
(over)
UNSATISFACTORY
OVERALL EVALUATION
SATISFACTORY
EVALUATOR'S COMMENTS
Employee's major ~ points are:
ABOVE SATISFACTORY
and these can be used more effectively by:
Employee's major weak points are:
and these can be strengthened by:
RECOMMEDATION
A performance salary increase should be granted in
accordance with the pay plan and availability of funds.
A salary should not be given at this time, but the employee
should be rated again and reconsidered in days.
EVALUATOR:
(Name) (Title)
** * * * * * * *
EMPLOYEE'S COMMENTS
This evaluation has been discussed with me, and
(Date)
I am satisfied with the rating.
I am ~ot satisfied with the rating.
I wish to review the rating with a higher authority.
(Employee's signature)
*
(Date)
(Department Head signature) (Date)
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
MMUNITY CENTER YACHT CLUB
Name of Renter/Organization Sebastian ~th of July C~ttee
Number of Persons constituting group or organization:
Reason for Rental 4thofJulyVIpBreakfast
Requested Date July 4, 1990 We~y
Time of Day: From 6:~ TO 12:~
Please answer YES or NO:
1) Are kitchen facilities required? ~
2) Are you a resident of Sebastian? ~
3) Will decorations be put up? ~
4) Will there be an admission or door ~harge? ~
5) Will alcoholic beverages be served? ~
(a) If answer to ~5 is yes -
permittee's proof of age N]A
(b)
X
If alcohol is to be served, permission is required by the
Your request will be presented to Council
7% Tax:
Total Rental:
Sebastian ~ of July C~mittee
City Council,
on
Amount of Rental
Security Deposit: ~
Name of Permittee:
Address of Permlttee: P.O. Box 780127 Sebastian, F1 32978-O127
Telephone No.: 589-5122 Date of Application 4--30-90
Make checks payable to: CITY OF SEBASTIAN
APPROVED/DISAPPROVED
Clerk
TO BE FILLED IN BY CITY CLERK'S OFFICE
Security Deposit paid on
by Check #
(date) in the amount of
or Cash
initial
Rental Fee paid on
by CheCk #
(date) in the amount of
or Cash
initial
Alcoholic Beverage Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Fee Waiver Request heard at the Council Meeting on
(date), Request APPROVED/DENIED.
Key Pickup Date
Key Return Date
Security Deposit returned by City Check',#
amount of on
in the
(date).
Amount kept for damages (if applicable').
SEBASTIAN 4TH OF JULY CELEBRATION
P.O. BOX 780127
S£BASTIAN, FI. 32978-0127
April 30, 1990
The Honorable Will Conyers, Mayor
City of Sebastian
P. 0. Box 780127
Sebastian, Florida 32978-0127
RE: Yacht Club & Community Center Rental
Dear Mayor Conyers,
The Sebastian 4th of July Committee respectfully requests
that all fees and charges for use of the City facilities be
wai red.
The use of the Yacht Club will be for the purpose of holding
the annual VIP Breakfast at the beginning of the day's
festivities. No alcoholic beverages will be served at the
break fa s t.
We request that the City grant permission to serve alcoholic
beverages at the June 23rd dance in direct benefit to the
celebration. Ail licenses required for said sale will be
secured prior to the event with copies, as appropriate,
provided for the record of council.
In regard to the council's purpose in collecting deposits for
usage of these facilities, we understand the intent and
design behind these actions, but request that the deposit
requirements be waived. In lieu of a monetary deposit,
Falcon Cable TV will accept liability on behalf of the 4th of
July Committee for any cleanup or damage charges that may be
accessed.
Si ncere l y,
Ken Vickers, Chairman
Sebastian 4th of July Committee
cc: Council Members
AN 4TH OF JULY CELEBRATION
P.O. BOX 780127
SEBASTIAN, FL 32978-0127
April ~7, 1990
Mr. Robb McClary, City Manager
City of Sebastian
P. 0. Box 7801~7
Sebastian, Florida 32978-01~7
REC£1V~D ~'iAY - i' !'990
RE: VIP Breakfast
Dear Robb,
The 4th of July Committee would like to hold this year's VIP
Breakfast at the Sebastian Yacht Club rather than City Hall.
I think that this would certainly be a more scenic location
and will eliminate the need for VIP transportation to the
park after the breakfast. As in years past, the breakfast
will be held at 7:00 AM on the morning of July 4th.
Parking passes would be provided to visiting dignitaries for
their access to the Yacht Club parking and the area around
the facility could be cordoned off until the parade at
approximately 8:30 AM.
If the reservation of the Yacht Club for this purpose
requires council approval, please accept this letter as a
formal petition that the request be placed on the agenda for
council discussion.
Ken Vickers, Chairman
Sebastian 4th of July Celebration
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
COMMUNITY CENTER f YACHT CLUB
Number of Pereone constituting group.or organization:
Requeeted Oate .,~Z~
Time of Day: From ~,~'~?, ......
Please answer YES or
1) Are kitchen facilities required?
2) Are you a resident of Sebastian?
3) Will decorations be put up?
4) Will there be an admiesion or door charge? __~/l?
5) Will alcoholic beverages be served? ~/~_'~
(a) If answer to #5 is yes -
pormittee'e proof of age ~
(b)
If alcohol is to be served, permission is required by the
City Council. Your request will be presented to Council
on
Amount of .entel /~,c~'~. ~
Security Deposit: $ff~'~, "'
7% Tax:
Total Rental:
Make checks payable to.' CITY OF SEBASTIAN
APPROVED/DISAPPROVED
~ty Clerk
TO BE FILLED iN BY CITY CLER~iS ~F, FICR
Security Deposit paid on ~,/~t-~.~ (date) in the amount of
by Check
or Cash
initial
Rental Fee paid on (date) tn the amount of
by Check ~ or Cash
tntti$1
Alcoholic Beverage Request heard at tho Council Heating on
(date). Request APPROVED/DENIED.
Foe Waiver Request heard at the Council Heating on
(date). Request APPROVED/DENIED.
Key Pickup Date Key Return Date
Security Deposit returned by City Check #
amount of on
Amount kept for damagea (if applicable).
tn the
(date).
ITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
COMNUNITY CENTER YACNT CLUB ~
Number of Pereonm constituting group or organization:
Please answer YES or NO:
1) Are kitchen facilities required?
2) Are you a resident of Sebastian?
3) Will decorations be put up?
4)
Will there be an admission or door charge?
.ilk alcoholic bayer.es a..d?
(a) ~f answer to ,5 is yes - O~a~. /'~'
permittoe's proof of age /-~ ~.;~ -
(b) If alcohol is to be served, permission is required by the
City Council. Your request will be presented to Council
on ~= ?- ?~
Amount of Rental ~O~ 7% Tax:
Security Deposit: 8 c~/~ Total Rental:
~ak~ ch~cks payabl~ ~: CITY OF SEBaSTIaN
APPROVED/DISAPPROVED
City Clerk
TO BE FILLED IN BY CITY CLERK'S OFFICE
Security Deposit paid on ~-,,~'Z~'-~) (data) in the amount of
,~,.'~'"~.~,"~ by Check ~ ~.3 or Cash
Rental Fee paid on (date) in the a~unt of
by Check ~ .... or Cash
initial
Alcoholic Beverage Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Fee Waiver Request heard at tho Council Heetinq on
(date). Request APPROVED/DENIED.
Key Pickup Date Key Return Date
Security Deposit returned by City Check #
smount of on
in the
(date).
Amount kept for damages (if applicable).
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT~id Award for Insecticide
Approved For
City Manager
Submittal By:
)^ge,,da .o. 7
)
) Dept. Origin Finance (I~N)
)
) Date Submitted 5/1/90
)
)' For Agenda Of 5/9/90
)
) Exhibits: Bid Tabulation Sheet
)
)
)
EXPENDITURE
REQUIRED: $4,950.00
AMOUNT
BUDGETED:
$30,000.00
APPROPRIATION
REQUIRED:
SUMMARY gTAT~MEN~
Five bids were received for 60~poun~ Or u=~t=~or the golf course. All five
bidders bid exactly the same price per pound. Pursuant to city code section
2-64 '(h), quality and service being equal, the contract shall be awarded to the
local vendor in case of tie bids. Where subsection 1 (local vendor) is not in
effect and there is a tie bid, the contract shall be awarded to one of the tie
bidders by drawing lots in public. Terra International, Inc. is located in Ft.
Pierce and the golf course staff has used insecticides, ch~picals and fertilizer
frcm this vendor on a regular basis with better than satisfactory results with
the products and service. Tw~ vendors, Harrell's and C~lf Ventures, are located
in Lakeland, Wheeler Fertilizer is located in Oviedo, and Lesco is located in
Rocky River, Ohio.
RECOMMENDED ACTION
Move the bid for 600 pounds of Orthene insectici~-~-be awarded to the best bidder
Terra International, Inc. of Ft. Pierce, at a price of $8.25 per pound for a total
cost of $4,950.00.
I
o
o
0
0 0 0 0 0
0 0 0 0 0
City of Sebastian
'~-~ POST OFFICE BOX 780127 n SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-588-5570
SUBJECT: ~ Bid for Sod for
C~metery Unit 4
Approved For Submittal By:
City Manager
Agenda NO. ~-]Z ~
Dept. Origin Finance (LWN)
Date Submitted 5/3/90
For Agenda Of 5/9/90
Exhibits :Bid Tabulation Sheet
EXPENDITURE
REQUIRED: $13,260.00
AMOUNT
BUDGETED: $48,000.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Four bids were received for sod at the Sebastian Cemetery. Bannerman
Landscaping, Inc. was the lowest and best bidder. A~equate funds are budgeted
in the C~metery Trust Fund.
RECOMMENDED ACTION
Move the bid for sod for the cemetery unit 4 be awarded to the lowest
and best bidder, Bannerman Landscaping, Inc. of Miami, in the amount
of $13,260.00.
City of Sebastian
POST OFFICE BOX 780127 ~3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
2 MAY 1990
ROBERT S. McCLARY, CITY MANAGER
DAVE FISHER, ENGINEERING/PUBLIC~
BID AWARD RECOMMENDATION
· BANNERMAN LANDSCAPING, INC.
. SOD FOR SEBASTIAN CEMETERY, UNIT 4
Following evaluation of four (4) bids for the subject
project, we conclude the low bidder is Bannerman Landscaping,
Inc., of Miami, Florida.
Bannerman's proposed base price for 102,000 SF of Floratam
sod, delivered and installed, is $0.13 per SF or a total base
price of $13,260.
We find Bannerman to be qualified and capable of completing
the work as specified and required. Further, we find their
bid price to be fair, reasonable, and competitive.
For the above stated reasons, we recommend the City award a
contract to Bannerman Landscaping, Inc., to provide and
install the subject sod.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-6330
FAX 407-589-5570
SUBJECT: Bid Award for Irrigation
for Cematery Unit 4
Approved For Submittal By:
City Manager
Dept. Origin Finance (LWN)_
Date Submitted 5/3/90
For Agenda Of 5/9/90
Exhibits :Bid Tabulation Sheet
M~no frc~ CE/PWD
EXPENDITURE
REQUIRED: $3,700.00
AMOUNT
BUDGETED:S48,000.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Only one bid was received for the irrigation system for the r~m~inder of
the c~netery unit 4. The local vendor, Clark Water Co., sukmitted the
bid and it was determined by staff to be fair, reasoD~hle,and competitive.
Clark Water Co. has cc~pleted many projects for the city in the past in
a very professional manner. Adequate funds are budgeted in the C~netery
Trust Fund.
RECOMMENDED ACTION
Move the bid for an irrigation system for c~netery unit 4 be awarded to
Clark Water Co. of Sebastian, in the amount of $3,700.00.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
2 MAY 1990
ROBERT S. McCLARY, CITY MANAGER
DAVE FISHER, ENGINEERING/PUBL~~
. CLARK WATER CO.
· IRRIGATION SYSTEM FOR CEMETERY, UNIT 4
The one and only bidder for the subject project is Clark
Water Co. of Sebastian. Their bid, in accordance with
specifications, is ~.
We find Clark to be qualified and capable of completing the
work as specified and required. Further, even though they
were the only bidder, we find their bid price to be fair,
reasonable, and competitive.
For the above stated reasons, we recommend the City award a
contract to Clark Water Co. to provide and install the
subject irrigation system.
0
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Request for Special ) Agenda No.
City Council )
Meeting ) Dept. Origin
)
)
Approved For Submittal By: )
) Date Submitted
' ) For Agenda Of
)
City Manager ) Exhibits
)
)
,005
City Manager
5/3/90
5/9/90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Williams, Hatfield and Stoner, Inc. will be submitting a revised
scope of services and contract for the Community Compatibility/
Master Plan Study. To ~rovide the City Council and the staff
sufficient time to review the revisions and ,.to make a
%
recommendation, we respectfully request the City Council convene
a special meeting on Wednesday, May 16, 1990 at 7:00 p.m. to
consider the revised scope of services and contract.
RECOMMENDED. ACTION
Motion to call a special City Council meeting on
16, 1990 at 7:00 p.m.
Wednesday, May
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) $89-5330
FAX 407-589-5570
SUBJECT:
Reappointment of Stanley Krulikowski to
the Planning & Zoning Commission
Approved For Submittal
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
Planning & Zoning
Commission (..B..C.~___~
5-3-90
5-9-90
Memo dated 4-27-90 from Linda Kinchen
Letter from Stan Krulikowski dated
4/9/90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mr. Stanley Krulikowski's existing term on the Planning & Zoning Commission
expires May of 1990. The Planning & Zoning Commission unanimously approved
a recommendation to the City Council for Mr. Krulikowski to serve another
three year term.
RECOMMENDED ACTION
Move to reappoint Mr. Stanley Krulikowski to the Planning & Zoning Commission
from May 1990 to May 1993.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMORANDUM
DATE:
TO:
SUBJ:
APRIL 27, 1990
MAYOR
CITY COUNCIL
LINDA KINCHEN ~
SECRETARY, PLANNING & ZONING
BRUCE COOPER
DIRECTOR OF COMMUNITY DEVELOPMENT
REAPPOINTMENT OF STANLEY E. KRULIKOWSKI, JR.
PLANNING AND ZONING CO~flISSION
PLEASE BE ADVTSED THAT AT THE REGULAR MEETING OF THE PLANNING
AND ZONING COMMISSION ON APRIL ~g, 1990, THE FOLLOWING MOTION
WAS MADE: TO RECOMMEND THE REAPPOINTMENT OF ~IR. STANLEY
KRULIKOWSKI FOR ANOTHER THREE YEAR TERM. HIS CURRENT TERM
EXPIRES MAY lg90. THIS MOTION WAS MADE BY ~IR, MAHONEY AND
SECONDED BY MR. WADSWORTH. THE MOTION PASSED UNANIMOUSLY.
IF YOU HAVE ANY QUESTIONS REGARDING THIS PLATTER, PLEASE FEEL
FREE TO CONTACT LINDA KINCHEN,
9 April 1990
To:
Mayor, City Council,
Planning & Zoning Commission
City of Sebastian, Florida
Gentlemen and Ladies:
My term on the Planning and Zoning Commission is due to expire
and as before, I have requested your confidence in appointing me
to another term.
Thank you for your attention in this matter.
Stanley E. %Krulikowski, Jr.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: Main Street Realignment) Agenda 1~o.
Approved For Submittal By:
City Manager
)
) Dept. of Origin: city Manage%
)
) Date Submitted: 05/03/90
)
) For Agenda Of: 05/09/90
)
) Exhibits: - Resolution No. R-90-18
) - Contract
) - Survey Plat
) - 1985 Appraisal Report
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On May 1, 1990 property owners involved in the Main Street re-
alignment project signed an agreement committing to donate the
necessary property for the right-of-way and, in Carl Julian's
case, binding him to contribute $100,000 towards the construction
costs to realign Main Street and up to $35,000 of the cost to
construct a portion of Gibson Street including right hand turning
lane and left hand turning lane within Main Street for turning
movements onto Gibson Street.
The contract provides that the City will pay the full cost of the
improvements and be reimbursed by Julian at a later date. The
City's investment would be secured by a lien against the 311
acres of property owned by Mr. Julian. The City would be in a
subordinate or second position behind a first mortgage of 1.3
million dollars. For your information, I have enclosed a portion
of an appraisal report for the property indicating its value at
$3,750,000. I have asked Mr. Julian to furnish the entire
appraisal to us for our records. Once the construction has been
completed on the realignment, the City Council should then adopt
an ordinance vacating the old and unused portions of the right-
of-way.
RECOMMENDED ACTION
Move to approve Resolution No. R-90-18.
RESOLUTION NO. R-90-18
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT FOR
EXCHANGE OF REAL PROPERTY WITH CARL JULIAN,
INDIVIDUALLY AND AS TRUSTEE, ROGER M. SKILLMAN AND
WAUNETA B. SKILLMAN, PERTAINING TO THE EXCHANGE OF
CERTAIN PARCELS OF REAL PROPERTY LOCATED IN THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FOR MUNICIPAL
PURPOSES OF DIRECT BENEFIT TO THE CITIZENS OF THE CITY
AND SUCH OTHER DOCUMENTS, DEEDS, PLATS AND CLOSING
STATEMENTS NECESSARY TO EFFECTUATE AND CONSUMMATE THE
AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVEHABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Carl Julian, individually and as Trustee, is the
owner of certain real property located in Sebastian, Indian River
County, Florida; and
WHEREAS, Roger M. Skillman and Wauneta B. Skillman, as
husband and wife, are the owners of certain real property located
in Sebastian, Indian River County, Florida; and
WHEREAS, Carl Julian, individually and as Trustee, and Roger
M. Skillman and Wauneta B. Skillman, as husband and wife, are
desirous of exchanging certain parcels of real property among
themselves and with the city of Sebastian for certain municipal
purposes; and
WHEREAS, the City Council of the City of Sebastian, after
reviewing the proposed Agreement for Exchange of Real Property
and engaging in deliberations has determined that it would be in
the best interest of the City of Sebastian and its citizens, and
in furtherance of a valid municipal purpose, for the City of
Sebastian to enter into the proposed Agreement for Exchange of
Real Property, and to sign such other documents, deeds, plats and
closing statements necessary to effectuate and consummate the
transactions contemplated in the Agreement for Exchange of Real
Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 2. AGREEMENT. The Mayor and the City Clerk of the
City of Sebastian, Indian River County, Florida, are here~, y
authorized to sign, on behalf of the City, the proposed Agreement
for Exchange of Real Property between the City of Sebastian, Carl
Julian, individually and as Trustee, and Roger M. Skillman and
Wauneta B. Skillman, as husband and wife, (the "Agreement") which
provides for the exchange of certain parcels of real property
located in the city of Sebastian, Indian River County, Florida,
which would thereby bind the parties to the terms and conditions
thereof, and to sign such other documents, deeds, plats and
closing statements necessary to effectuate and consummate the
transactions contemplated in the Agreement. The Agreement also
provides for the City to bear certain expenses for the
construciton of an aligned section of Main Street and the
construction of a portion of Gibson Street north of Main Street.
Section 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
2
2
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 the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilman . The motion was
seconded by Councilman and, upon
being put to a vote, the vote was as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this
day of
ATTEST:
· 1990.
CITY OF SEBASTIAN, FLORIDA
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
3
AGREEMENT FOR EXCHANGE OF REAL PROPERTY
THIS AGREEMENT MADE this day of , 1990, by
and between the CITY OF SEBASTIAN, Florida, a Florida municipal
corporation, hereinafter referred to as the "City", CARL JULIAN,
individually and as Trustee, hereinafter referred to as Julian,
and ROGER M. SKILLMAN and WAUNETA B. SKILLMAN, his wife, ~ointly
and severally, hereinafter collectively referred to as "Skillman".
The City, Julian and Skillman may hereinafter referred to
collectively as the "parties"
W I T N E S S E T H:
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida (hereinafter referred to as the "City
Council") has determined that in order to provide a safer roadway
for the residents of Sebastian, a portion of Main Street should
be realigned from what was formerly the western entrance to a
certain platted Right-of-Way known as Yucca Court (which has
since been abandoned pursuant to Ordinance 0-85-13), to the
western boundary where the city hall for the City of Sebastian,
Indian River County, Florida is currently located; and
WHEREAS, the City Council has determined that in order to
better serve the transportation needs of the citizens of
Sebastian, the City needs to construct a roadway known as Gibson
Street north from Main Street towards County Road 505; and
WHEREAS, Julian owns certain parcels of land that the City
needs in order to realign Main Street, which Julian, pursuant to
this Agreement has agreed to convey to the City; and
WHEREAS, the City would transfer to Julian a portion of
the current Main Street roadway which the City will no longer
need upon completion of the realignment of Main Street; and
WHEREAS, the City Council had previously approved a
conceptual plan for a development known as Saint Sebastian
P.U.D.; and
WHEREAS, Julian currently owns the land comprising the
development known as Saint Sebastian P.U.D.; and
WHEREAS, Julian has requested that the City extend the
approval of the currently approved conceptual plan for Saint
Sebastian, P.U.D. until December 31, 1990; and
WHEREAS, Julian has agreed to contribute to the cost of
realigning Main Street at such time as Julian develops the Saint
Sebastian P.U.D.; and
WHEREAS, Skillman owns certain parcels of land that the
City needs in order to realign Main Street, which Skillman,
pursuant to this Agreement has agreed to convey to the City; and
WHEREAS, the City would transfer to Skillman a portion of
the current Main Street roadway which the City will no longer
need upon completion of the realignment of Main Street; and
WHEREAS, Julian and Skillman would each benefit from the
construction of the alignment of Main Street due to the
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~nhancement it would have on the value of the real property they
each own contiguous to where Main Street would be located; and
WHEREAS, Julian and Skillman would both benefit from the
exchange to each other of certain real property they would
receive in the event that certain portions of the existing Main
Street are vacated by the City if such portions are no longer
needed b~ the City as a road right-of-way upon the alignment of
Main Street; and
WHEREAS, Julian would benefit from the construction of
Gibson Street north from Main Street due to the enhancement it
would have on the value of the real property he owns contiguous
to where Gibson Street would be constructed by the City.
NOW, THEREFORE, in consideration of the premises and the
mutual covenants contained herein, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as
follows:
1. Transfer to City for Main Street.
a. By Julian. Upon the signing of this Agreement by
Julian, Julian shall deliver to the City Attorney for the City,
(hereinafter referred to as the "City Attorney"), a duly executed
general warranty deed conveying legal title to the parcels
identified on Exhibit "A" attached hereto and by this reference
incorporated herein, to the City, along with a title insurance
commitment issued by a Florida licensed title insurer agreeing to
issue to the City, upon recording of the deed to the City, an
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owner's policy of title insurance in the amount of One Hundred
Twenty Thousand and 00/100 Dollars ($120,000.00), insuring the
City's title to the real property described in Exhibit "A"
without any exceptions thereto. Therefore, there shall be no
liens or other encumbrances with respect to the real property
described in Exhibit "A" being conveyed by Julian to the City.
The general warranty deed for the real property described in
Exhibit "A" shall then be forwarded by the City Attorney to the
Clerk of %he Circuit Court for Indian River County, Florida,
recording department, for recording in the Public Records of
Indian River County, Florida. Between the time of the delivery
of the general warranty deed by Julian to the City Attorney
through the time of the recording of the general warranty deed,
Julian shall not suffer any liens or encumbrances to attach to or
affect in any manner the real property identified on Exhibit"A"
attached hereto and by this reference incorporated herein, and
the owner's policy of title insurance delivered to the City
pursuant to this Subparagraph la shall be updated at Julian's
expense through the date of recording to reflect that there are
no liens or other encumbrances with respect to the real property
described in Exhibit "A" being conveyed by Julian to the City
through and including the date of recording of the general
warranty deed.
b. By Skillman. Upon the signing of this Agreement
by Skillman, Skillman shall deliver to the City Attorney, a duly
executed general warranty deed conveying legal title to the
parcels identified on Exhibit "B" attached hereto and by this
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~eference incorporated herein, to the City, along with a title
insurance commitment issued by a Florida licensed title insurer
agreeing to issue to the City, upon recording of the deed to the
City, an owner's policy of title insurance in the amount of One
Hundred Twenty Thousand and 00/100 Dollars ($120,000.00),
insuring the City's title to the real property described in
Exhibit "B" without any exceptions thereto. Therefore, there
shall be no liens or other encumbrances with respect to the real
property d~scribed in Exhibit "B" being conveyed by Skillman to
the City. The general warranty deed for the real property
described in Exhibit "B" shall then be forwarded by the City
Attorney to the Clerk of the Circuit Court for Indian River
County, Florida, recording department, for recording in the
Public Records of Indian River County, Florida. Between the time
of the delivery of the general warranty deed by Skillman to the
City Attorney through the time of the recording of the general
warranty deed, Skillman shall not suffer any liens or
encumbrances to attach to or affect in any manner the real
property identified on Exhibit "B" attached hereto and by this
reference incorporated herein, and the owner's policy of title
insurance delivered to the City pursuant to this Subparagraph lb
shall be updated at the City's expense through the date of
recording to reflect that there are no liens or other
encumbrances with respect to the real property described in
Exhibit "B" being conveyed by Skillman to the City through and
including the date of recording of the general warranty deed.
2. Transfers between Julian and Skillman.
a. Transfer by Skillman to Julian. Upon the signing
of this Agreement by all of the parties hereto, Skillman shall
deliver a general warranty deed signed by them transferring title
to the real property described in Exhibit "C" attached hereto and
by this reference incorporated herein, to the City Attorney. The
general warranty deed shall be held in escrow by the City
Attorney until construction of the alignment of Main Street is
completed and the aligned roadway is open to public traffic. The
City Attorney forward the general warranty deed for the real
property described in Exhibit "C" to the Clerk of the Circuit
Court for Indian River County, Florida, recording department, for
recording in the Public Records of Indian River County, Florida,
upon receiving notice from the City that the construction of the
alignment of Main Street is completed and the roadway is open to
the public, and the City Attorney is provided with the costs to
record such general warranty deed, including recording fees and
charges for documentary stamps, from Julian. Furthermore, if any
portion of the existing Main Street road right-of-way is vacated
by the City after the completion of the alignment of Main Street
and Skillman becomes the fee simple owner of the real property
described in Exhibit "D", then Skillman shall immediately sign a
general warranty deed transferring fee simple title in the real
property described in Exhibit "D" to Julian and forward the
general warranty deed in recordable form to Julian, such real
property to be free and clear of all liens or other encumbrances,
except real estate taxes for the calendar year in which the
transfer from Skillman to Julian occurs.
b. Transfer b/f Julian to Skillman. If any portion
of the existing Main Street road right-of-way is vacated by the
City after the completion of the alignment of Main Street and
Julian becomes the fee simple owner of the real property
described in Exhibit "E", then Julian shall immediately sign a
general warranty deed transferring fee simple title in the real
Droperty described in Exhibit "E" to Skillman and forward the
general warranty deed in recordable form to Skillman, such real
property to be free and clear of all liens or other encumbrances,
except real estate taxes for the calendar year in which the
transfer from Julian to Skillman occurs.
3. Transfer to Post Office by Julian. If any portion of
the existing Main Street road right-of-way is vacated by the City
after the completion of the alignment of Main Street and Julian
becomes the fee simple owner of the real property described in
Exhibit "F", then Julian shall immediately sign a general
warranty deed transferring fee simple title in the real property
described in Exhibit "F" to the United States Postal Service and
forward the general warranty deed in recordable form, along with
all costs to record such general warranty deed, including
recording fees and charges for documentary stamps, to the Clerk
of the Circuit Court for Indian River County, Florida, recording
department, for recording in the Public Records of Indian River
County, Florida. The real property described in Exhibit "F"
being conveyed by Julian to the United States Postal Service
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shall be free and clear of all liens or other encumbrances.
4. Preliminary Cost Estimates for Main Street.
a. Prior to the execution of this Agreement, the
City had engaged the services of a Florida licensed professional
engineer for the purpose of performing a preliminary engineering
and cost evaluation study to determine an estimate of the cost to
construct the alignment of Main Street from what was formerly the
western entrance of a certain platted Right-of-Way known as Yucca
Court (which has since been abandoned pursuant to Ordinance 0-85-
13), to the western boundary of the property where the city hall
for the City is currently located. The cost estimate includes
all surveying, engineering 'and legal expenses which have been
incurred by the City with respect to the construction of the
alignment of Main Street.
b. Julian agrees to and shall reimburse the City the
sum of One Hundred Thousand and 00/100 Dollars ($100,000.00)
towards the cost of construction of the alignment of Main Street,
including the cost of the project, costs for relocating any water
or sewer mains or lines and constructing any drainage systems,
and the costs of relocating any other public utilities, such cost
to include all preliminary costs, surveying fees, engineering
fees, labor expense, construction materials, equipment rentals,
equipment maintenance and repairs, legal fees, and recording
costs, at the time any one (1) of the following events occur:
i. Julian or any transferee commences any
infrastructure improvements on the real property owned by the
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Julian constituting the Saint Sebastian P.U.D., a copy of the
legal description of such real property is contained in Exhibit
"G" attached hereto and by this reference incorporated herein; or
ii. any transferee of the Julian obtains
preliminary plat approval for the Saint Sebastian P.U.D. or any
subdivision plat; or
iii. the sale, exchange, transfer or assignment
of any part of the real estate identified in Exhibit "G" after
the Julian obtains preliminary plat approval for the Saint
Sebastian P.U.D. or any subdivision plat; or
iv. the Julian obtains final plat approval for
the Saint Sebastian P.U.D. or any subdivision plat.
c. The obligation of the Julian to reimburse the
City for the costs associated with the alignment of Main Street
shall "run with the land" (the land being the real property
described in Exhibit "G") and bind any heirs, successors, assigns
or personal representatives of Julian. The obligation of Julian
to reimburse the City for the costs of the alignment of Main
Street shall be memorialized in recordable form which the parties
hereto acknowledge shall be a Mortgage and Security Agreement,
which shall be acceptable to the City and the City Attorney as to
its form and substance, shall be signed by Julian at the same
time this Agreement is signed by Julian, shall be provided to the
City Attorney so that it can be recorded in the public records of
Indian River County, Florida, shall permit the City to enforce
any rights for reimbursement that it has pursuant to this
Agreement by special assessment or other legal procedures whereby
the City creates a lien on all of the real property described in
Exhibit "G" and such lien shall be superior to all other liens or
encumbrances currently existing with respect to the real property
described in Exhibit "G", except for the existing Mortgage Deed
signed by Julian in favor of American Pioneer Savings Bank, or
its successors and assigns. ~
d. Julian shall provide the City, with a title
insurance commitment issued by a Florida licensed title insurer
agreeing to issue to the City, upon recording of the deed to the
City identified in Exhibit "A", a mortgagee's policy of title
insurance in the amount of One Hundred Thousand and 00/100
Dollars ($100,000.00), insuring the City's lienholder title to
the real property described in Exhibit "G" without any exceptions
thereto, except the Mortgage Deed signed by Julian in favor of
American Pioneer Savings Bank, or its successors and assigns
encumbering said real property in an amount not exceeding
$1,300,000.00. Julian hereby represents, covenants and warrants
unto the City that he is the sole owner in fee simple of the real
property described in Exhibit "G", and shall be and remain the
sole legal owner in fee simple of such real property at the time
the memorialized agreement relative to his obligation to
reimburse the City is recorded in the public records of Indian
River County, Florida. This representation and warranty shall
survive the signing of this Agreement and the closing of any of
the transactions contemplated by this Agreement.
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e. The City shall be solely responsible for the
payment of all costs of the pro3ect involving the alignment of
Main Street to the extent they exceed the sum of One Hundred
Thousand and 00/100 Dollars ($100,000.00).
5. Gibson Street.
. a. Transfer t__o City By Julian. Upon the signing ~of
this Agreement by Julian, Julian shall deliver to the City
Attorney a duly executed general warranty deed conveying legal
title to the parcel identified on Exhibit "H" attached hereto and
by this reference incorporated herein, to the City, along with a
title insurance commitment issued by a Florida licensed title
insurer agreeing to issue to the City, upon recording of the deed
to the City, an owner's policy of title insurance in the amount
of Thirty-five Thousand and 00/100 Dollars ($35,000.00), insuring
the City's title to the real property described in Exhibit
without any exceptions thereto. Therefore, there shall be no
liens or other encumbrances with respect to the real property
described in Exhibit "H" being conveyed by Julian to the City.
The general warranty deed for the real property described in
Exhibit "H" shall then be forwarded by the City Attorney to the
Clerk of the Circuit Court for Indian River County, Florida,
recording department, for recording in the Public Records of
Indian River County, Florida. Between the time of the delivery
of the general warranty deed by Julian to the City Attorney
through the time of the recording of the general warranty deed,
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Julian shall not suffer any liens or encumbrances to attach to or
affect in any manner the real property identified on Exhibit "H"
attached hereto and by this reference incorporated herein, and
the owner's policy of title insurance delivered to the City
pursuant to this Subparagraph 5a shall be updated at Julian's
expense through the date of recording to reflect that there are
no liens or other encumbrances with respect to the real property
described in Exhibit "H" being conveyed by Julian to the City
through and including the date of recording of the general
warranty deed.
b. Julian agrees to and shall reimburse the City the
sum of Thirty-five Thousand and 00/100 Dollars (S$5,000.00)
towards the cost of construction of the construction of Gibson
Street north from Main Street to the north boundary of the real
property currently owned by the City that is located east of the
location where Gibson Street shall be constructed, including the
cost of the project, costs for relocating any water or sewer
mains or lines and constructing any drainage systems, the costs
of relocating any other public utilities, and the cost of
designing and constructing deceleration and turning lanes on Main
Street to be used in conjunction with the intersection of Main
Street and Gibson Street, such cost to include all preliminary
costs, surveying fees, engineering fees, labor expense,
construction materials, equipment rentals, equipment maintenance
and repairs, legal fees, and recording costs, at the time any one
(1) of the following events occur:
i. Julian or any transferee commences any
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infrastructure improvements on the real property owned by the
Julian constituting the Saint Sebastian P.U.D., as identified in
Exhibit "G"; or
ii. any transferee of the Julian obtains
preliminary plat approval for the Saint Sebastian P.U.D. or any
subdivision plat; or
iii. the sale, exchange, transfer or assignmgnt
of any part of the real estate identified in Exhibit "G" after
the Julian obtains preliminary plat approval for the Saint
Sebastian P.U.D. or any subdivision plat; or
iv. the Julian obtains final plat approval for
the Saint Sebastian P.U.D. or any subdivision plat.
c. The obligation of the Julian to reimburse the
City for the costs associated with the construction of the
portion of Gibson Street described in this Paragraph 5 shall "run
with the land" (the land being the real property described in
Exhibit "G") and bind any heirs, successors, assigns or personal
representatives of Julian. The obligation of Julian to reimburse
the City for the costs of the construction of the portion of
Gibson Street described in this Paragraph 5 shall be memorialized
in recordable form which the parties hereto acknowledge shall be
a Mortgage and Security Agreement, which shall be acceptable to
the City and the City Attorney as to its form and substance,
shall be signed by Julian at the same time this Agreement is
signed by Julian, shall be provided to the City Attorney so that
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it can be recorded in the public records of Indian River County,
Florida, shall permit the City to enforce any rights for
reimbursement that it has pursuant to this Agreement by special
assessment or other legal procedures whereby the City creates a
lien on all of the real property described in Exhibit "G" and
such lien shall be superior to all other liens or encumbrances
currently existing with respect to the real property described in
Exhibit "G", except for the existing Mortgage Deed signed by
Julian in: favor of American Pioneer Savings Bank, or i~s
successors and assigns encumbering said real property in an
amount not exceeding $1,300,000.00.
d. Julian shall provide the City, with a title
insurance commitment issued by a Florida licensed title insurer
agreeing to issue to the City, upon recording of the deed to the
City identified in Exhibit "A", a mortgagee's policy of title
insurance in the amount of Thirty-five Thousand and 00/100
Dollars ($35,000.00), insuring the City's lienholder title to the
real property described in Exhibit "G" without any exceptions
thereto, except the Mortgage Deed signed by Julian in favor of
American Pioneer Savings Bank, or its successors and assigns
encumbering said real property in an amount not exceeding
$1,300,000.00. Julian hereby represents, covenants and warrants
unto the City that he is the sole owner in fee simple of the real
property described in Exhibit "G", and shall be and remain the
sole legal owner in fee simple of such real property at the time
the memorialized agreement relative to his obligation to
reimburse the City is recorded in the public records of Indian
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River County, Florida. This representation and warranty shall
survive the signing of this Agreement and the closing of any of
the transactions contemplated by this Agreement.
e. The City shall be solely responsible for the
payment of all costs of the pro3ect involving Gibson Street to
the extent they exceed the sum of Thirty-five Thousand and 00/100
Dollars (S35,000.00).
6. Extension of P.U.D. The City, through the City
Council, has previously resolved to extend the conceptual plan
previously approved for Saint Sebastian P.U.D. until December 31,
1990.
7. Savings Clause. The invalidity or unenforceability
of any particular provision of this Agreement shall not affect
the other provisions hereof, and the Agreement shall be construed
in all resDects as if such invalid or unenforceable provisions
were omitted.
8. Interpretation o~f Agreement. This Agreement shall be
construed, governed and enforced in accordance with and by the
laws of the State of Florida, and venue for any action to enforce
or to interpret this Agreement shall be Indian River County,
Florida.
9. Binding Effect. Ail of the terms, covenants,
warranties and representations contained herein shall be binding
upon the parties, their heirs, successors and assigns.
10. Attorney's Fees and Costs. If any action is
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commenced by any of the parties to enforce any term, covenant, or
condition of this Agreement or to obtain declaratory 'relief at
law or in equity, the prevailing party shall be entitled to all
costs and expenses of said action (including a reasonable
attorney's fees) at trial and all appellate levels, from any of
the other parties (or its/his/their successors or assigns) who
opposed the prevailing party.
11. Notice. All notices or communications required or
permitted hereunder shall be in writing and shall be deemed to be
delivered when personally served upon the person to receive it
or three (3) days after deposited in the United States Mail,
postage prepaid, registered or certified mall, return receipt
requested, addressed to the parties at the following addresses or
at such other address as may have been heretofore specified by
written notice delivered in accordance thereof:
TO THE CITY:
CITY OF SEBASTIAN
Attn: City Manager
P.O. Box 780127
Sebastian, Florida 32978
WITH A COPY TO:
CHARLES IAN NASH, ESQUIRE
City Attorney
930 S. Harbor City Boulevard
Suite 505
Melbourne, Florida 32901
TO JULIAN:
CARL R. JULIAN, TRUSTEE
7491Conroy-Windermere Rd.,
Suite B
Orlando, Florida 32811
TO SKILLMAN:
ROGER M. AND WAUNETA B. SKILLMAN
P.O. Box 2287
Delray Beach, Florida 33447-2287
12. Entire and Sole ~reement. Except as specifically
16
stated herein, this Agreement and the Exhibits referenced herein
constitute the entire agreement between the parties and
supersedes all agreements, representations, warranties,
statements, promises and understandings not specifically set
forth in this Agreement or in the documents delivered in
connection herewith. Neither party has in any way relief, nor
shall in any way rely, upon any oral or written agreements,
representations, warranties, statements, promises ~r
understandings not specifically set forth in this Agreement or in
such documents.
13. Finder's Fees or Broker's Commissions. No party
shall be obligated to pay any finder's fee or broker's commission
in connection with the transactions contemplated by this
Agreement. In the event any claims is asserted by any purported
finder or broker for a finder's fee or broker's commission, the
party alleged to be responsible for arranging such finder's fee
or broker's commission shall indemnify and hold harmless the
other party from any liability therefore.
14. Counterparts. This Agreement may be executed
simultaneously in two or more counterparts, each of which shall
be an original, but all of which together shall constitute one
and the same instrument.
15. Amendments. Neither this Agreement nor any term
hereof may be changed, waived, discharged or terminated orally,
but only by an instrument in writing signed by the party against
which enforcement of the change, waiver, discharge or termination
17
is sought.
16. Headings. The headings in this Agreement are for
purposes of reference only and shall not limit or otherwise
affect the meaning hereof.
17. Vacation of Road. Notwithstanding anything contained
in this Agreement to the contrary, the parties hereto agree and
acknowledge that this Agreement does not bind the City Council to
vacate any portion of Main Street, but only requires the City to
comply with the terms of this Agreement if vacation is approved
after public hearing and advertisement in accordance with all
applicable governmental rules and regulations. Furthermore,
notwithstanding any provision contained in this Agreement to the
contrary, the vacation of any portion of the road right-of-way of
any portion of the existing Main Street (if approved by City
Council after public hearing and advertisement in accordance with
all applicable governmental rules and regulations) shall operate
to terminate any public utility easements currently existing in
the Main Street road right-of-way unless the public utilities
which currently have an interest in such public utility easement
consent to vacating any such public utility easement. Provided,
however, that in the event that the City Council does not approve
the necessary road right-of-way vacations necessary to consummate
the transactions contemplated in this Agreement, then Julian
shall be released from any legal duty or obligation to make any
payments to the City pursuant to Paragraph 5 of this Agreement.
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18. Preservation of Existing Claims. It is the intent of
the parties hereto that nothing in this Agreement shall be
construed to prevent the City from asserting any additional
claims against Julian for contribution for expenses necessitated
by Julian's project or other improvements to the real property
owned by Julian described in Exhibit "G" which are not otherwise
provided for in this Agreement. For example, the City may assert
in accordance with its normal procedures and regulations that
Julian may be required to contribute to signalization or other
intersection improvements due to the development of Julian's real
property.
19. Modification of Existing Agreement between the City
and Julian. The signing of this Agreement by all of the parties
hereto shall operate to terminate that certain Agreement for
Exchange of Real Property dated the llth of January, 1989,
entered into by and between the City of Sebastian and Carl R.
Julian, individually and as Trustee.
Executed by the parties hereto on the day and year set
forth below.
Dated this day of
, 1990.
THE CITY:
Attest:
CITY OF SEBASTIAN, a Florida
municipal corporation
Kathryn M. O'Halloran,
CMC/AAE
City Clerk
By
W. E. Conyers, Mayor
19
(SEAL)
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared W. E. CONYERS and KATHRYN M.
O'HALLORAN, personally known to me to be the Mayor and City
Clerk, respectively of the City of Sebastian, Florida, a Florida
municipal corporation, and that they severally acknowledged
before me that they executed the foregoing Agreement for the
purposes therein expressed, under authority duly vested in them
by said municipal body, and that seal affixed thereto is the true
corporate seal of the City of Sebastian, Florida.
IN ~ITNESS WHEREOF, I have hereunto set my hand aCnd
affixed my official seal at Sebastian, Indian River County,
Florida, this day of , 1990.
NOTARY PUBLIC,
State of Florida at Large
My Commission Expires:
Dated this 1st day of May, 1990.
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
JUL IAN:
CARL JUL~, Individually and
as Trust~e~~
I HEREBY CERTIFY that on this day, before an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared CARL JULIAN personally
known to me and he acknowledged before me that he executed the
foregoing Agreement for the purposes therein expressed,
individually and as Trustee.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at Sebastian, Florida, this 1st day of
May, 1990.
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NOTARY PUBLIC,
State of Florida at Large
My Commission Expires:
~ ;'~' ~.~, ..... . ...... . ....
Dated this 1st day of May, 1990.
SKILLMAN:
ROGE'fi M. ~ S'~ILLMAN,
individual ly
WAUNETA B. SKILLMAN, individually
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared ROGER M. SKILLMAN and
WAUNETA B. SKILLMAN, both personally known to me and they
acknowledged before me that they executed the foregoing Agreement
for the purposes therein expressed, as individuals.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at Sebastian, Florida, this 1st day of
May, 1990.
N0~AR~f 'PUBLIC,
State of F16rida at Large
My Commission Expires:
21
O~ TN&T PONT$ON or T~X~? K. ACCONO:RO TO TH[
O&BOE#S AS SECONDED :~ PLATNOO~ J, fAO£ JS.
)S OF I#DIA# RIY[N COUNTT, 7LOBIOA, LTING NITHI,
I#C DESCRIIED STNIP OF LAND.
IP OF LANO LYING EO.O0 r£ET o# [ACH SlOt Or THE FOLLOV/HG
CS!lED LINE.
CD~K£NC~ AT A CO#CR~TE ~O#UHEHT AT TH~ ~ORTH~[ST CONNER OF LOT
&. BLOKE S. RtPLAT OF BCNOO~ PAR~ SUSDIV!BIONi THENCE NOD
ll'4I'v AT A RIGHT ANGLE TO TH£ NORTH LINE OF laid BLOCK S,
4o,Do FRET TO A RAILROAD BPIRE SKIHG THE POINT OF SKGINNINGi
T#EHCE SSt 4:'ZO'V & OIBTA#CK OF ~1.$4 FEET TO A RAILROAD IPIKE
AH A~C LENGTH or 177,93 FEET TO & RAILROAD SPIRE SARDINE THE
TO & POINT OF CVRVATURE8 TNEHC[ ALOHC THE ARC OF & CUR¥[ TO THE
DISTANCE or s0~,44 rEEF 70 & POINT Or AEVKHS[ CVNVATURKj THEHCE
COHTi~[ ALONG THE, ARC Or A CDNVK TO THE RIGHT HAVING A DICTA
Or l~ OO'DO*.A RADIUS OF ZOOt,OD rKST AH ARC DISTAHCE Or
BEET :O A POI#T Or SKVKISE CUNVATURtj T#EHC£ CONTINUE ALOHG THE
ARC or A CURVE To THC LEFT MATinG A DKLTA OF 6 00'00' A
or 3000,00 FEET AH ARC OISTANCE Or 30t,44 FEET TO A RERAN AND
CAP STANPKD LB e4444 HARKING & Point O~ CDflPOUND CURVATURE;
THEHCE CONTINUE ALONG THC ABC OF A CURV~ TO TNK LEFT RAVING A
DELTA OF :~ 32'St' A RADIUS Or 4S0.0O FEET A~ ARC DISTANCE Or
JIB,43 FEET TO A IAILNOAD SPIKE HARKING T#E POIHT or TAHGKHCTI
:HENCE B44 3D'~T*V A DISTA#C[ OF 63.48 FRET TO A SAILHOAD SPIE£
BRING THE ENDING P~INT OF SAID DESCRIPTION. IT IS ESE IHTENT
THAT ~RE SIDE LI#EB OF SAID 3TRIP ARC TO SE LENOTH£HED OR
BNORTE~EO TO TRRfllNATE AT THE VNET LZ~E or laid SEBASTIAN
GAAOKN! SURD:VISION.
PARCt~ SEV£N~ &~ OF TN~ FGLLOViHG DESCRIBED STRT~ OT
ETN£~T RXGRT Or UA~,
~ STR~ OF LAN~ LYING 40.00 rEEF OH ~ACS SID~ Or THE ~O~LO~iNG
D£S:RZB~D LSH£,
COSt,NC! AT A :OHC~TE NONUfl£~? AT THE NORTHUEE? ¢ORN~ O? LOT
6, SLO:E $o REPLA~ OF SERO0: ~kk[ 5USD~VISiOtl; T~E~IC~ HO0
40.0~ ~£~T TO & R~LROAD $P1~£ BEING TN~ POINT or
TR£NC~ 399 4:'~'~ L DISTANCE or 33.S4 FEET To A RAILROAD SPl~
~AR~IIIG A POINT or CURVATURE~ TH£NCE ALONG THE ARC CF A CURVE
TO T~ LE~T HAVING A DELTA OF 2S 17'53' A RADIU£ Or 402,96
POINT OF TANGEH:~: TH£NC£ 564 23'25'u A DISTARG£ OF X34,R$
TO A POIIIT OF CURVATUREj THENCE ALOHG THE ARC O; A CURVE TO THE
LEFT RAVING A DELTA OF S OO'O0' A RADIUS Or 2OO0.OO F£ET A~ ARC
,D:STARCE OF ~OS,44 F££T TO A POINT O? REVERSE CURVATUR!: T~ENC£
CONTINUE ALOKG THE. ARC OF A CURVE TO THE RIGHT HAVING ~
Or 12 OO'Oo' A RADIUS OF EGGO.D0 F£~T AN ARC DISTANCE O?
r££T To A POIIIT OF REVERSE CURVATURE: YREUCE CONTINUE ALONG THE
ARC OF A CURVE To THE LEFT RA~ING A DELTA or 6 00'oo' A RADIUS
OF 2000.00 r££T a~ ARC DiSTANC~ OF 209,44 FEET To A RESAR AND
CAP STAHPED La *4644 ~AREINO A PO/fiT OF COHPOURD CURVATURE:
TH£NC£ CONTINUE ~LONG THE ABC or A CURVE TO THE LEFT HAVIHG A
D~LT& OF ZB ~2'59' A RADIUS O~ &90.oo F££T AR ARC bISTAHCE
'23s.43 r£gT TO A RA!LROAO JPI~E ,ARKIHG THE POINT OF
TH~NC~ S44 5O'S?°V A DISTAHCZ OF 63,48 FEET To A RAILROAD
E:IHG YRE ElIDiNG POINT OF SAlE DESCRIPTION, IT IS THE IHT£~T
THAT THE SID~ LINES or SAID STRIP ARE To BE LZkGT~EN£~ OB
SHORTZflE~ TO T£RfllNAT£ AT THE VEST LINE OF SAID SEBASTIAN
GARO£N~ SUSDI~:SIOR.
I
PARCEL TWELVE: BEING A PORTION OF TRACT "D",
SCHOOL PARK SUBDIVISION AS RECORDED IN PLATBOOK :,
PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA BEING
DESCIBED. A~ FOLLOWS:
REPLAT OF
PAGE R9
MORE FULLY
COMMENC£ AT A CONCRETE MONUMSNT AT THE NORTHWEST CORNER OF
LOT 6~ BLOCK ~, REPLAT OF SCHOOL PARK SUBDIVISION; THENC£ N00
IB'41"W AT A RIGHT ANGL~ TO THE HORTH LiNE OF SAID BLOCK 5~
80.00 FEET TO THE SOUTH LIN~ OF TRACT "B", REPLAT OF SCHOOL
PARK SUBDIVISION; THENCE SB9 41'19"W ON SAID LINE A DISTANCE
OF 31.54 FE~T TO TH£ POINT O~ BEGINNING; THENCE CONTINUE S89
41'19"W A DISTANC£ O~ 179. B6 FSET TO A CONCRETE MONUMENT
MARKI~ THE SOUTHWEST CORNER OF SAID TRACT "B"; THENCE S22
~5'07"E A DISTANCE OF 35.19 F~ET TO THE NORTH RIGHT-OF-WAY
LINE OF TH£ PROPOSED MAiN STREET ALIGNMEHT; THENCE
NORTHEASTERLY ON SAID LINE, ALONG THE ARC Or A CURV£ TO TN~
RIGHT HAVING A RADIUS OF 442.98 FEET, A DELTA 0~ 22 06'26"
FOR AN ARC DISTANCE O~ 1?0.92 F££T BACK TO THE POINT OF
BEGINNING..
EXHIBIT "A"
PARCEL OIiE* ALL OF THE PORTIONS OF LOTS 1 AND 12, BLOCK
YUCCA COURT AHD LOTS I, 2, R AHD 9, BLOC£ 2, ACCORDING TO THE
PLAT OF SEBASTIAN GARD£NS AS R~CORDED IN PLATBO0~ $, PAGE
- PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING VITHIN
THE FOLLOWING DESCRIBED STRIP OF LAND.
A STRIP OF LAND LYING 40,00 FEET ON EACH SIDE OF THE FOLLOglNG
DESCRIBED L;flE.
CONMENC£ AT A COHCRETE ~ONUHEHT AT TNE HORTHHEST CORNER OF LOT
6o BLOCK 5o REPLAT OF SCHOOL PARK SUB01VISIOH; THENCE NO0
18'41'N AT A RIGHT AHGLE*TO THE NORTH LINE OF SAID BLOCK 5,
40.00 FEET TO A RAILROAD SPI~£ BEIHO THE POINT OF REGiHHIHG;
THENCE 589 41'19'V A DISTANCE OF 31.$4 FEET TO A RAILROAD SPIKE
HARKING A POINT OF CURVATURE; TNEHCE ALOHG THE ARC OF A CURVE
TO THE LEFT HAVING A DELTA OF 25 17'53' A RADIUS OF 402.96 FEET
AH ARC LENGTH OF 177.93 FEET TO A RAILROAD SPI~E HARKIHG THE
POINT OF TANGEHCY; THENCE S64 23°26'V A DISTANCE OF 134.85 FEET
TO A POINT OF CURVATURE~ THENCE ALONG THE ARC OF A CURVE TO THE
LEFT HAVIHG A DELTA OF 6 00'~0' A RADIUS OF 2000.00 FEET AN ARC
DISTANCE OF 209,44 FEET To A POINT OF REVERSE CURVATURE~ THEHCE
CONTINUE ALOHO THE ARC OF A CURVE TO THE RIGHT HAVINO A DELTA
OF 12 00'00' A RADIUS OF 2000.00 FEET AH ARC DISTAHCE OF 41S.88
FEET TO A POIHT OF REVERSE CURVATURE~ THENCE CONTINUE A~OHG THE
ARC OF A CURVE TO TH~ LEFT HAVItlG A DELTA OF 6 00'00' A RADIUS
OF 2000.00 PEET AN ARC DISTAHCE OF 209.44 FEET TO A RESAR AHO
CAP STAHPED LB ~4644 HARKING A POINT OF CO~POUND CURVATURE~
THENCE CONTINUE ALONG TH£ ARC OF A CURVE TO TH£ LEFT HAVIHG A
DELTA OF 19'32°S9* A RADIUS OF &90.O0 FEET AN ARC DISTANCE OF
2~$.43 FEET TO A RAILROAD SPIKE ~ARK!NG THE POINT OF TAHGENCY:
THENC~ ~44 50'27'W A DISTANCE 0£ $S.48 F~ET TO A RAILROAD SPI~E
SEING T~Z ENDING POINT OF SAID DESCRIPTIOH. I~ IS THE INTENT
THAT THE $~DE LINE~ OF SAID STRIP ARE TO BE LENGTHEHED OR
SHORTENED TO T£RMINAT~ AT THE VEST LIH£ OF SAID SEBASTIAN
GARDENS SUBDIVISION.
PARCEL ~VO: ALL OF THAT PORTION OF TRACT D, ACCORDING TO THE'
PLAT OF S£SASTIAH GARDENS AS RECORDED IN PLATBOOK 5, PA~Z
PUBLIC R~GORDS OF INDIAN RIVER COUNTY, FLOR!DA. LYING a~THIN
T~£ FOLLOWING DESCRIBED STRIP OF LAND. '
A STRIP OF LANO LYING 40.00 FEET ON £ACN SIDE OF THE FOLLOUlNG
DESCRIBED LINE.
COHHENCE AT A CONCRET£ HONUHENT AT THE NORTHWEST CORNER OF LOT
6, BLOCK $. REPLAT OF SCHOOL PARE SUBDIViSION~ THENCE NO0
1~'41'V AT A RIGHT ANGLE TO ~NE NORTH LINE OF SAID BLOCK
40.00 FEET TO A RAILROAD SPI~E BEING THE POINT OF
THEHC£ 589 41'19°~ A DZSTAHCE OF 31.54 FEET TO A RAILROAD ~PI~£
~ARKING A POIHT OF CURVATURE~ THENCE ALONG THE ARC OF A CURVE
~TO TN£ LEFT HAVING A DELTA OF 2S 17'53' A RADIUS OF 402.98 FEET
A~I ARC LENGTH OF 177.93 FEET TO A RAILROAD SPIKE ~AR~IHG THE
PClNT OF TANGENCY; THENCE ~64 23'25'g A DISTAHCE OF 134.B5 FEET
'TO A POINT OF CURVATURE; THEHCE ALONG THE ARC OF A CURVE TO THE
LIFT HAVING A DELTA OF 6 00'00' A RADIUS OF 2000.00 FEET AN ARC
DISTANCE OF 20g.~4 FEET TO A POINT OF REVERSE CURVATURE: THENCE
CONTINUE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA
OF 12 00'00' A RADIUS OF 2000.00 FEET AN ARC DISTANCE OF
· F~ET TO A POINT OF REVERSE CURVATUR£; THENCE CONTIHUE ALONG THE
A~C OF A CURVE TO THE LEFT HAVING A DELTA OF G 00'00' A RADIUS
OF ~000.00 FEET AN ARC DISTANCE OF 209.44 FEET TO A RESAR AND
C~P STAHPED LB ~644 ~ARKING A POINT OF COHPOUND CURVATURE:
T~ENCE CONTINUE ALONG THE ARC OF A CURVE TO THE LEFT HAV!NG A
DELTA OF 19 32'~9' A RADIUS OF 690.00 FEET AN ARC DISTANCE OF
· 235.43 FEET TO A RAILROAD SPIKE HARKING THE POINT OF EANGEHCY~
T~EHCE S44 $0'27°w A OISTANCE OF &3,46 FEET TO A RAILROAD SPIKE
SEING THE ENDING POIIIT OF SAID DESCRIPTION. IT IS THE INTENT
T~AT THE SIDE LINES OF SAID STRIP ARE TO BE LENGTHENED OR
S~ORT£HED TO TERmiNATE AT THE VEST LIHE OF SAID SEBASTIAH
GARDENS SUBDIVISIO~I,
EXHIBIT "B"
PARCEL TNR£Ez T~AT PORTION OF LCT 1, 8LOC~ 1A?ID LOT 1, BLOC;
2 AND YUCCA COURT ACCORDING TO T~ PLAT O? SESASTiAN GARDENS,
AS RECORDED IN ;~ATSOOK $, PAGE 5~o PUBLIC R£CORDS O¥
RIVER COUNTY, ?LORIDA LYING NO~ OF TH[ FOLLC~NG DESCRibeD
STRIP OF LAND.
A STRIP OF LAND ~¥1gG 40.00 FEET ~N EACH SIDE O? T~£ FOLLO~gG
DESCRIBED LINE,
CON~ENCE AT A CCC;CRETE MONUNENT AT THE HORTH~£S~ CORNE~ OF
6, SLOCK $, R~PLAT OF SCHOOL PARK SUBDIViSIOn; THEIIC£ IlO0
18'41"V AT A R:~HT ANGLE TO TH£ NORTH ~iEIE Or SAZD SLOC~
40.00 FEET TO A RAILROAD SPZ~E ~EING THE POINT OF BEGINNING~
THENCE S89 41'19'v A DISTANCE OF 3[.S4 FEET TO A RAILROAD SPIKE
MARKING A POINT CF CURVATURE~ TH£~CE ALONG TN~ ARC OF A CURVE
TO THE LEFT HAVinG A DELTA OF ~5 :T'53* A RAOIUS OF 402.98
AN ARC LENGTH OF 177.93 FEET TO A RAILROAD SP!~E MARKING
POINT OF TANGENCY= .THENCE S64 23'2S'~ A DISTANCE OF 134.85
TO A POINT OF CURVATURE~ THENCE ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A DELTA OF 6 00'00' A ~ADIUS OF 2000.00 FEET AN ARC
OISTANCE OF 209.44 FE£T TO A POINT OF REVERSE CURVATURE~ THE~ICE
CONTI,NUE ALONG THE ARC OF A CURVE TO TII£ RIGHT HAVING A DEL~A
OF 12 00'00' A RADIUS OF 2000.00 F£ET AN ARC OISTANCE or 418.86'
rt£T TO A POINT OF REVERSE CURVATURE; THENCE CO?ITIHUE ALONG THE
ARC OF A CURVE TG THE LEFT HAVING A DELTA OF 6 O0'O0' A RADIUS
OF 2000.00 FEET AN ARC DISTANC£ OF 209.44 FEET TO A RESAR ANO
CAP STAMPED La -4644 MARKINO A POINT OF COMPOUtID CURVA~URE=
THENCE CONTINUE ALONG THE ARC OF A CURVE TO THE LEFT HAVItlO A
~ELTA OF 19 32'$a' A RADIUS OF 690.00 FEET AN ARC DISTANCE OF
235.4~ FEET TO A RAILROAD SPIKE ~ARKI~G THE PO~:IT OF TANGENC~:
THENCE S4R SO'27'~ A DISTANCE OF 53.48 r£ET TO A RAILROAD SPIKE
a£I~G THE ENDING POINT OF SAID DESCRIPTION. I: :S THE INTENT
THAT THE SIDE LINES OF SAID STRIP ARE TO B~ LENGTHENED OR
SHORTENED TO TZ~!:;ATE AT TN£ UEST LINE OF SAID
GARDENS SUBDIVIS:ON.
EXHIBIT "C"
R!~KT-OF-WAY 2YIN~ NORTH OF THE ?:LLOwIltG DESCRIBED 3TRI~
L&ND.
A STRIP or LAND LYING ¢O.OO FEET ~:l EACH SIDE O~ TIlE £OLLOUIHG
DESCRIBED LINE.
COHH~NCE AT A CONCRETE flONUMEHT AT THE HORTNHEST CORNER OP LOT
6. SLOC~ 5, REPLAT or SCHOOL PARK SU~OIVISION~ THENCE NO0
18'4'1'W AT A RIGHT ANGLE TO Tile NORTH LINE OF SAID BLOCK S,
4o,00 FEET TO A RAILROAD SPIKE BEING THE POINT OF BEGINNING~
THENCE 509 41'19'v A DISTANCE OF 31.54 FEET TO A RAILROAD SPIKE
MARKING A POINT or CURVAZURE~ THENCE ALONG THE ARC OF A CURVE
TO THE LEFT HAVIIIG A DELTA OF 25 17'$3' A RADZUS OF 402.98
AN ARC LENGTH OF 177.93 FEET TO A RAILROAD SPIKE HARKING THE
POINT OF TANGENCY: TII£NCE S&4 Z3'~6'H A DISTANCE OF ~34.BS PEET
TO A POINT OF CURVATUR£i TiIENCE ALONG TH~ ARC OF A CURVE TO THE
LEFT HAVING A DELTA OF 6 O0'OD?.A RADIUS OF 2000.00 FEET AN ARC
D~STAHCE OF ZOV.q4.FEET TO A POS:IT Or REVERSE CURVATURE; THEHCE
COflTiNU~ ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
OF 12 00'00° A RADI~S OF 2000.00 F££T AN ARC DISTAIICE OF 418.SR
FEET TO A POINT OF REVERSE CURVATUR£; THENCE CONTINUE ALONG THE
ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 6 00'00° A RADIUS
OF 2000.00 rEFT AH ARC DISTANCE OF 20g.44, FEET TO A R~SAR AHD
CAP STAHD£D LB t4644 MARKING A POIHT OF COMPOUND CURVATUREi
THENCE CONTINU£ ALONG THE ARC OF A CURVE TO THE LEFT IIAVING A
DELTA OF 19 3~'$9' A RADIUS OF 690.00 FEET AN ARC DISTANCE OF
235,43 FEET TO A RAILROAD SPIKE HARKING THE POINT OF TANGENCY:
THENCE S44 50'27'U A DISTANCE OF 63.40 TE£T TO A RAILROAD SPIKE
BEING THE ENDING POINT OF SAID DESCRIPTION. IT iS TN£ INTENT
THAT TIlE SIDE LINES OF SAID STRIP ARE TO SE L£NGTNEN~D OR
SIIORT£NED TO TERHINATE AT THE VEST L:NE OF SAiD SEBASTIAN
,GARDEHS SUSDIVlSIOH.
RIG~T-OF-VAY LYING NORTH OF THE ~OLLOVIIIG D£SCRI~ED 5TP!~
LAND,
A STRIP OF LAND L¥IIIG 40.00 FE~T Oil EACH SIDE OF THE FOLLO~IIIG
DESCRIBED LINE.
CoNu£tlCE AT A COtlCRETE flOHUME~IT AT T~£ :IORTIIH~ST CORNER OF LOT
6. BLOCK S. R£PLAT OF $CIIOOL PARK SUBDI¥1SION~ THENCE II00
Ig'qt'~ AT A RIGIIT ANGLE TO TN£ NORTII LINE 0£ SAID BLOCK
40,MO FEET TO A RAII.~OAD SPIKE RE,NH TIlE POINT or D£~tNNIN~]~
TIIENCE SO9 ~t*lP'V A DISTANCE or 3[.54 FEET TO A RAILROAD SPIKE
flARKING A POINT or CURVATUNE~ TN£11CE ALONG TIlE ARC OF A CURVE
TO THE LEFT NAVINGA DELTA OF ~$ IT'$3' A RADIUS OF 402.98 r~ET
AN ARC LENGTH OF 177.93 FEET TO A RAILROAD SPIKE ~AREI~G THE
POINT OF TANGENCYz TIIENCE 564 23'26'~ A DISTANCE or 134.R5 FEET
To A POINT OF CURVATURE: THENCE ALONG THE ARC OF A CURVE TO TN/
LEFT HAVING A DELTA OF 6 00'00' A RAOIUS or 2000.00 FEET Alt ARC
D~STAflCE OF 209.44 ,FEET TO A POI~IT OF R£V£RSE CURVATURE; THENCE
CONTINUE ALONG TIlE ARC OF A CURVE TO THE RIGIIT IIAVING A DEbTA
OF ~2 00'00' A RADIUS OF 2000.00 T££T Ail ARC DISTAHCE OF 4IS.aR
FE£T To A POINT OF REVERSE CURVATURE: THENCE CONTINUE ALOIlG THE
ARC O~ A CURVE TO THE LE~T HAVING A DELTA 0£ 6 00'00' A RADIUS
OF ~000.00 FE£T Ail ARC DISTANC£ OF 209.44 FEET TO A RESAR AND
CAP STAtlPED La ~464~ MARKIHG A POINT 0£ CO~POUHD CURVATUREI
TN£NCE CONTINU£ ALONG THE ARC OF A CURVE TO TIlE LEFT HAVINfl A
DELTA 0£ 19 32'$9° A RADIUS O~ 690,00 FEET AN ARC DISTANC£
235.4~ FEET TO A RAILROAD SPI~£ HAR~INO THE POINT OF TANO£NC¥1
THENCE R44 $0°27'~ A DISTANCE 0£ 63.~R PEET TO A RAILROAD SPIKE
BEING THE ENOItlG POINT OF SAID DESCRIPTION, IT' IS THE INTENT
THAT THE SIO£ LINE5 OF SAID STRIP ARE TO SE LENGTHENED OR
SHORTENED TO TER~INAT£ AT THE ~EST L:HE OF 5AID SESASTIAN
GARDENS SUBDIVISION.
THE SOUTH ONE HAL? or THE EXISTING iIAIN STRE£T
EXHIBIT "D"
O&HCEL TENt RKIHO A FOSTION OF TEE NOSTH ~/Z Or TNE EXISTING
[o EEFLAT or SCHOOL FAmE SHSOIVISIOH A1 RECbSOEo IS fLATBOOt I.
FAOR ~9 PUBLIC RKCOIOS or INDIAS EIVKS COUHTT, F~GIIDA, BSIHO
PORE ru~T OESCRIIEO AR rO~LOVSt
THC NORTH 1/2 OF HAIN STHS~T AHG THOR~ POITJOHS or SAIO TSACT!
QF TIlE POST OFFICE lITE TO THE SAOIUR POINT*OF A CURVE
LEIB AHG lVCEPT'ALL FOHTiOHI or ESISTIHQ flAIH 1TSE~T BIGHT or
YAP LYING VIT#IK TKE FOLLOWING OESCIIBEO ETRIF OF LSNO,
OESCRIBEO LIHC.
COHHEHCE AT A COHCS~JE HOHUKEKF AT THE #ORTHSEST COSHCS OF LOT
S, BLOCK S. ICPLAT or SCHOOL PASE RuRoIvISZoH~ THSHCE MOo
iS'41'H AT J IIOH~ ANGLE TO T#5 SORTH LIKE or PIED BLOCC
TliSNCE BI9 4l'lg°V A DISTANCE OF 3I.S4 FEET TO A RAILROAD
HARKING · POINT OP DUIVATUAS6 THENCE ALO#G EKE ARC Of A OGivE
ED TNE LBrT NAVfKO & DELT· or Is i?'$s' A RADIUI OF 401.BI
POINT Or TANGENCT/ TKENCE SS4 13'~6'¥ A OIETAHCE OP 134.B$
TO A POIHY OF CUBU&TUISI THENCE ALONe THE AEC OF 4 CURVE TO
LCTT HAViHO A OE~IA or i OOoOO' h lAD/HI eT lOGO,GO T~ET AH ABC
DISTAHCE or ~0P,44 fK~T TO A FOIHT OF REVrRSE CURVATUREs 1HEHCE
COHTIH~I ALOH4 THE ARC Or i CURVE TO TNB SIOiIT NAVIHO A CELt&
OF t~ GO'D0' A SBDIHS or SOOQ,GO PEET AH ·SC OISTAHCE OF 4~l,Ji
YErT To J FOfflT or REUKRDK CHtVAIUSS~ THENCE CONTINUE ALOHG
AnD OF A CURVe TO THC LEFT SSVIKG A DELLA OF · OO'O0* A I·GlUS
CAP STAffORD Li A4444 HASEISO A POINT OF COHPOUHD
S35,43 FIST TO A SAILBOAO SSIKE flASSISO THE SOEHT CF TAHO~U~TI
THt#C[ S44 S0'27'V A GISTANCE oF i3,II FRET TO · BAILIOAG SPIKE
iEI#o THE EROIHG SOINT Or ··ID OESCRIPTiON. IT 19 THC IHTEHT
THAT THC liD[ LINES OF SAID STIll ASK TO SC LX~GTHEHEG
OAROEHS BUBOIViSiOS.
EXHIBIT "E"
PAICEL EIGHTs DEIHQ & PORTION OF TNt NORTH A/2 or THE EXISTING
fiRtH STREET RIONT OF VAT AHO ALSO BEING A FAIT'OF TRACTS 0 AHD
E, BEPLAT Or SCHOOL PARK SUBDIVISION AS RECORDED IH PLATBOOE
PAGE ~O PUBLIC iiCGROS OF IHOIAN RIVER COUNTY, FLORIDA BEING
NOtE FULLT DE$CiIBED AS FOLLOwSt
THE #ORTH X/2 or UAiN STREET AND ~HOSE PORTIOHS OF SAID TRACTS
D AND E LYING EAST OF tAHOE 39 EAST A#D VEST O~.THE PROJECTIOH
OF THE EAST PROPEHTT LINE OF THZ POST OFFICE lITE TO THE RADIUS
FGIHT OF A CURVE DEFIHING SAID i:XISTiHG ~A[H STR£ET RIGHT OF
VAT.
LESS AND EXCEPT ALL PORTIOHS or EXISTIH~ HAIN STSEET RIGHT OF
NAY L~IHo VITNIH THE FOLLOVIHG OESCRISED STRIP or LAND.
A STRIP or LAND LYING 40.00 FEE~ Off EACH SIDE OF TH£ FOLLOVIHO
Dr-SCRiBED LINE.
CON,EHCE AT A COHC~ETE NOHUNEHT AT ~HE NORTHWFeT COBHER OF LOT
l. BLOC[ S, REPLAT or scHOOL fAR[ SUIDIVISIOH~ THENCE #00
~R'4X*V AT A RIGHT ANGLE TO THE NORTH LINE OF SAiD BLOC[
40.00 FEET TO A IAILROAD SPIKE BEIHG THE POIHT or
T#FSqCE S89 4~'lB'V A DISTANCE OF 3L.S4 FEET TO A RAILROAD SPIKE
TO THE LKI'T flAVIHG A D~LTA or ~$ &7's3, A RADIUS OF 402.90 rEIT
AH ARC L~HOTff OF ~77,93 FEET TO A RAILROAD SPl~E flAn~1~G THE
POlHT Or TAHGEHCY~ THEHCE SA4 23'16'V A DEITANCE OF 134.05 FEET
TO A POinT OF CURYATUREj ~H[HCE ALOHO ~gE ARC or A culv[ TO THE
L~T HAVZHQ A DELTA QF & 00'00* A RADIUS OF 1000.00 F~ET Afl ARC
DISTANCE oF 109.44 TE~T TO A PQX~T or REVERSE CURVATUREo THEHCE
CONTINUE ALONG TH~ AEC OF A CURVE TO THE RIGHT HAVlHG A DELTA
OF ~2 O0'OQ* A RADIUS OF lOoO,oo FEET AH ARC DISTAHC~ OF
F[~ TO A POINT or REVERSE CURVATUR~j THEHC~ CONTINU~ ALOHa THE
ARC OF A CURVE To THE L~FT HAVIHG A DELTA OF i Go'DO' A
OF 2000.00 FEET Afl ARC DISTA~CE OF 209.44 F~[T TO A I~JAi AHD
THEHCE CONTINUE ALOHO THE ABC or A CURYE ~o THE ~T HAVING A
DELTA OF ~t 32'St' A RADIUS OF 690,00 FEET AH AEC OISTA~CE. or
233.43 FE~ TO A IAZLROAD SPI~E ~AR~ZHG T~E FOIHT or TA~G[~Cyz
THENCE ~44 50'27'V A DISTAHCZ or 63.48 FEET TO A iAXLBOAD 8PIKE
BEIHG THE EHO/HO PO~HT OF SAID OESCiIFTiOff, IT IS THE [HT~HT
SHORTENED TO TERHIHAZE AT TH~ VEST L~[ OF SAiD
PARCEL NZNEz TIlE SOUTH 1/2 OF E:(ISTING HAIN STREET RIGI[T OF
VAT LYING EAST OF RANGE 39 EAST A/ID VEST OF TIlE PROSECT1ON OF
TIlE EAST PROPERTY LINE OF TIlE POST OFFICE SITE TO THE RADIUS
POINT OF A CURVE DEFIHINO SAID EXISTI~G'.~AIN STREET RIGHT OF
'.:AY.
EXHIBIT "F"
~ ru~o~uc~ ~n P4at tlcol,. 2, Page 2g, Public Records of :indian
River County, Florida, which lies Northerly of the center line of the sectlon
of Plain Street which cortnecta Iv{sin Street as ehown on the eald Replat of School
· Park Sut×livislon, with Hain Street as shc~n on the plat of Sebastian Gardens
Sut~llvteton, as recor..ted In Plat Book 5, Page 58, Public RecorcL9 of lr~tian
River CottnL~y, Florida.
p,m~C~=L ,I I:
Lot ] and Lot 2, A.A. Berry's Subdivision, according to the p/at thereof filed
tm the Office o£ th= Clerk of the Circuit Cottrt of St. t.ucie County, Florida,
in Plat Book 2, P~d.. 14, said land nc~v situate, lying and being in Indian River
County, Florida.
tot~ 8, 9, IR, 19, 3ess the Northwest 20 feet of mid Tot 29, Tots 20, 21, 22,
23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44,
45, 46, 47, 50, 51, 52~ 53, 64, 55, 58, 59 & 60,
Or~t, acco~iw tO the plat ther~f ~11~ in the Office of t~ Clerk of the
CJr~]t C~t of St. Lucie C~, Florida, 5n Plat
n~.~ state, lyt~ ~ ~t~ tn I~l~ River ~ty, Flort~.
Tracts A, B, C, t~t ~rt5on off T~ct D ]y~ North of
F, G, ~, I ~d J; ~ts [ t~h 3, tncl~l~, B[~k 3; ~ts I t~h [3,
tncl~t~, Block 8~ Lots I t~o~h 9, ~ncl~tve, Block
incisive, Bilk 10: Lots [ t~h 10, Incisive, Bl~k ll; ~ts [ t~h 10,
Jncl~t~, Bilk [2 ~ ~ts 1 ~ 2, Bilk A, all ~n ~t~ ~e~, a
su~tvlslon acco~i~ to the plat ther~ f~[~ ~n
the Cir~t ~t of I~t~ R~ver ~ty, Florida, in Plat ~k 5, Page 58.
pARC~,b._V =_
}{oseland Satellite Field, Tract 4, as filed in Official Record Book 77, Page
530, I~dlan River County, Florida. Public Records. more particularly described
s follows:
Sou_inning st the ~-n~t corner of Section 29 of t~e Fiemtn~ Grant, run South
45'09'04" West for a distance of 1,706.27 feet to a point; thence lqorth
44'25'5B" Host for $ distance of 1,137.55 feet to a point; thence North
01'54'57" East for a distance of 963.48 to a point; thence North 45'09'04" Fast
for a distance of 1,009.32 feet to a point; thence South 44'25'58" East for a
distance of 1,797.75 feet to the Point of Beginning.
That portion of L:,: l, Block 1 and Lot 1, Block 2 and Yucca Court according to
the Plat of Seba~-t]an Garderts, as recorded in Plat Bo~'.-. 5, Page 58, Public
Records of Indian River County, Florida, lytr~j North of the following described
strip of la~d.
A strip of land lyir:.j 40.00 feet on each side of the foll.,::.~lr~j described ~¥ne.
Conmnence at a conc,..:te monument at the Nortl~a~st corner of LOt 6, Block 5,
Rapist of School F~.[ ~ Subdivision; thence lq 00'18'41" H at a right angle to the
lqorth 21ne of auld l',]ock 5, 40.00 feet to a railroad spike being the Point of
B~jinnlng; thence ~ 89'41'19" W a d/stance of 31.54 feet to a railroad spike
marking a point' of curva~e; thence along the arc of a curve to the left
having a delta of 25'17'53" a radius of'402.98 feet an arc lenoth of 177.93
feet to a railroad _:pike marking the point of tangenc¥; thence S 64'23'26" W a
distance of ~34.0~ feet to a point of c~rvature; thence aio{~0 the err of a
curve to the left i~,vlng a delta of 6'00'00" a radi=q of 2000.00 feet an arc
distance of 209.44 feet to a point of reverse curvature; thence continue alo,~g
the arc of a curve to the right having a delta of 12'00'0o" a radlu_~ of 2000,00
feet an arc distance of 418.88 feet to a point of reverse curvature; thence
continue along the arc of a cUrVe to the /eft having a delta of 6'0o'00" a
radius of 2000.00 feet an arc distance of 209.44 fee= to a rebar and cap
stamped LB #4644 mrking a point of cc~pound curvature; thence continue
the arc of a curve to the left having a delta of 29'32'59" a radius of 690.00
feet an arc distance of 235.43,, feet to a railroad spike marking the point of
tangency; thence S 44'50'27" W a distance of 63,48 feet to a railroad spike
being the ending poln~ ~f said 'description. It is the intent that the side
lines of eatd strip are to be lengthened or shortene~ to terminate at the 14e~t
line of said Sebastian Gardens Subdivision.
EXHIBIT " G " PAGE Oi'lE
~e ~or~n on~ half of the exls~tr~ Main Street rtght-of-~¥ lying North of ~h~
A strlp of ~ ~71~ 40.~ f~t on each ~tde of ~he foll~ descrl~ llne.
~nco at a concrete ~n~nt a~ ~ Nort~s~ corne~ of ~t 6, Bl~k
~plat of SC~I Pa~k Su~tvtslon; ~ncs N 00'18'41" W at a rlgh~ ~le ~o the
North 11~ of ~ld Block 5, 40.00 feet ~o a rallr~ spi~ ~t~ the ~tnt of
~1~t~; t~nce S 89'41'19,, W a dlst~cs o~ 31.54 feet ~o a rallr~ spike
~rkl~ a ~lnt of ~e; t~nce alo~ ~ arc of a c~e to tl~ left
~vt~ m delta of 25'17'53" a ~adt~ of 402.98 feet an arc leith of 1~.93
f~t ~o a rallr~d spike ~rki~ t~ ~lnt of ~a~en~: tI~nce S 64'~3'26%'.W a
dls~ce of 134.85 f~t to a ~lnt of ~t~e; thence alo~ the arc of a
P~ VII
~e to t~ left ~vl~ a del~a of 6'00'O0" a ~adt~ of ~O00.00 feet an
dist~e of 209.44 f~t to m ~lnt of revere ~u.re; thence con~ln~ alo~
t~ a~c of a ~ to ~ right ~vi~ a delta of ~'00'00" a ~adl~ of 2000.~
f~t ~ arc dtst~ce of 4~8.88 f~t to a ~tnt of reverse ~ture; ~nce
c~ti~ al~ t~ a~c of a ~e to t~ lef~ ~vl~ a delta of 6'00'00"
r~t~ of ~OO0.~ feet ~ arc dlst~ce of 209.44 feet to a rear ~
st~ ~ ~4644 ~rkt~ a ~lnt of c~ ~t~e; thence continue
t~ arc of a ~e to t~ lef~ ~vl~ a del~a of 19'32'59" a radt~ of 690.00
f~t ~ m~c dtst~ of ~35.43 fee~ ~o a railr~d spl~ ~rkl~ the ~lnt of
t~en~; t~nce S 44'50'27" W a dtst~ce of 63.48 f~t ~o a railed spike
~1~ t~ e~t~ ~lnt of ~ld d~c~lptlon. It lm the intent t~ the side
lln~ of ~ld strip a~ to ~ le~then~ or s~rt~n~ ~o telmi~te at ~ W~
line of ~ld Se~tl~ ~e~ ~tvtston.
~e ~th o~ ~lf of t~ ~istt~ ~in Strut rtght~f~y lyl~ North of the
A strip of 1~ 1yt~ 40.~ f~t on each side ct tM foll~t~ descrlM 11~.
~nce at a concrete ~n~nt at t~ Nort~st corner of ~t 6, Block
~plat of Sc~l Park ~tvtslon; thence N ~'18~41. ~ at a right ~le to the
North 1t~ of ~td Bilk 5, 40.00 f~t to a rallr~d spike ~1~ ~he ~lnt of
~imt~: t~nce ~ 89'41'19" W a dtst~ce of 31.54 fee~ to a ratlr~d spike
mrkt~ a ~tnt of ~el t~nce alo~ the a~c o~ a ~e to the left
~vt~ a delta o~ 15'1~'53" a radl~ of 402,98 feet ~ arc length of
fee~ to a railed spike ~rkt~ t~ ~tnt of t~enw; thei~e S 64'22'26"
dtst~ce of 134.85 feet to a ~tnt of ~ture; tlmn~e alonu the arc oF a
~e to the left ~vl~ a delta of 6'00'00" a radl~ of 2000.~ feet ~ arc
dtst~ce of 109.44 f~t to a ~tnt of reverse ~t~e; thence continue
~he ar~ of a ~e to the rtght ~vt~ a delta of 12'00'00', a radi~ of 2000.00
f~t ~ arc allstate of 418.88 f~t to a ~tnt of revere ~at~el thence
contl~ alo~ t~ arc of ~ ~e to the le~t ~vt~ a delta of 6'OO,00-
r~l~ of 20~.00 feet ~ arc dlst~ce o~ 209.44 tee~ to a rear ~ cap
st~ ~ ~4644 ~kt~ a ~tnt ot c~ ~'e; thence continue alo~
t~ arc of a ~ to t~ left ~vt~ a delta o~ 19'32'59" a radl~ of
f~t ~ arc dlst~ce of 235.43 feet to a rallr~d spl~ mrkt~ the
t~en~; t~nce S 44'50'2~' ~ a dtst~ce of 63.48 fee~ to a rallr~ spike
~t~ t~ e~t~ ~lnt of ~id description. It is the Intent t~t t~ side
ltn~ of ~td s~rtp are to ~ le~then~ or slmrten~ to tennl~te at the
/
LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTIES:
EXHIBIT "G" PAGE TWO
o~ ~rm~ portion ~f Tract E0 according to the Plat of Sebastian Oa-~en= as
recorded ~n P~a~ ~-~ ~, Page 58, ~bl~c ~co~ o~ ~ R~r
A strip of l~ lyt~ 40.00 feet on each side of t~ foll~l~ descri~
C~nce at a ~ncrete ~n~ent at the Nort~st co~r of ~t 6, Slik 5,
Replat of Sch~l Park Su~ivis~; thence N ~'18'4~- W at a r~ght ~e to the
Ii~rth line of ~ld Block 5, 40.00 feet to a rall~d ep~ ~1~ the Point of
~i~lng; thence S 89'41'~9,, ~ a d~st~ce of 31.54 feet to a rallr~ spike
~,~',t'kt~ a ~lnt of ~t~e; thence a]o~ the arc of a ~ to t~ left
~,.v~ a ~elta of 25'17'5~', a radl~ of 402.98 feet ~ arc leith of ~T~,93
It-~t to a railr~d Sp~ke ~rkt~ t~ ~int of t~en~; thence S 64'23'26" W a
distance of ~34.85 feet to a ~int of ~t~e~ thence alo~ the ~c of
mtso to the left ~vi~ a delta of 6'OO'O0" a radt~ of 2000.00 feet ~
,]lst~ce oF 209.44 feet to a ~int' of revere ~t~e: thence contSnue
the arc of a ~e to the right ~vi~ a delta of 22'00'00" a radl~ of 2~0.00
feet ~ arc d~st~ce of 4~8.88 feet to a ~int of r~rse ~e= t~nce
continue along the a~c of a ~e to the ]eft ~vS~ a delta of 6'O0'~,, a
r~j~ of 2000.00 feet ~ arc d~st~ce of 209.44 feet to a rear ~
st~p~ L8 ~4G44 ~rkt~ a ~int of ~ ~t~e; thence continue alo~
the arc of a ~ to the left ~vt~ a delta of ~9'~2'59" a r~ of 690.~
feet ~ arc dlst~ce of 235,43 feet to a rallr~ spike ~rkl~ the ~lnt
t~en~: thence S 44'50'27" W a ~ls~ce of 63.48 feet to a rallr~ sp~ke
~1~ the e~t~ ~ln~ of said description. I~ Is the ~ntent t~t the
/Shes of ~d strSp are to ~ le~then~ or shorten~ to replete at t~ W~t
l~ne of ~id Se~t~ ~e~ Su~lvlsion.
All of the fol~l~ descr~ strip of ~ ]yi~ ~t of ~e S9 ~t
N~rth of the exist]~ t~n Street rSght-.of~y.
A strip of 1~ ~y]~ 40,00 feet on each aide of the fol]~t~ d~cr]~ line.
C~ence at a concrete ~n~ at th~ North~et co.er of ~t 6, B~ock 5,
~-plat of Sch~] Park ~vts5on; thence N 00'~8'4~" ~ at a r~ght ~le to the
I~orth ]She of said Block S, 40.00 feet to a rai~r~d sp~ke ~i~ the Point of
S~i~ml~; t~nce S 8g'41'~9" W a d~st~ce of 31.54 feet to a rall~ spike
~rkt~ e ~lnt of ~e; thence alo~ the arc of a ~e to the left
~vj~ a delta of 25'~7'53" a radt~ of 402.98 feet. ~ arc leith of ~T7.93
feet to a ra~lr~d sp~ke ~rki~ the ~lnt of t~en~; thence S 64'23'26" ~ a
dtst~ce of 134.85 ~eet to a ~in~ of ~t~e; thence alo~ t~ arc of a
~e to the /eft ~vi~ a delta of 6'00'00" a radi~ of 2000.~ f~t ~
dist~ce of 20~.44 feet to a ~nt of reverse ~e; thence continue
the arc of a ~e to the right ~v~ a delta of ~2'00'00" a rad~ of 2000.00
feet ~ ~c distance of 4~8.8~ feet to a ~lnt of reverse ~e: then~
cont/~ a/o~ the arc of a ~ to the ]eft ~vl~ a delta of 6'00'00" a
radi~ of 20~,00 feet ~ arc dlst~ce of 209.44 feet to a rear ~
st~ LB 84644 ~rkl~ a ~lnt of c~ ~e; thence con~inue a/o~
the arc dE a ~ to the left ~vt~ a delta of 19'32'59" a r~i~ of 690.00
fu~t ~ arc dlst~ce of 2~5,43 feet to a ral/r~d sp~ke ~rki~ the ~nt of
t~gen~: thence $44'50'27", H a dlst~ce of 6~.48 feet to a rallr~d
~1~ the e~ing ~n~ of ~id description. It is the ~ntent t~ the side
]~ne~ of ~d str5p are to ~ ]e~then~ or $~rten~ to tet~i~te at the ~t
line of ~ld Se~tl~ ~e~
EXHIBIT "G" PAGE THREE
Being a portion, of the North 1/2 of the existing Main Street right of +my and
also being a p~rt of Tracts D, and E, Rapist of School Park SuMlvieion as
recorded in Plat Book I, Page 29, Public Recorcl~ of IrUlan River County,
Florida° being m.:,re fully described as follows:
The No~-th i/2 of Main ~treet and those portions of ~ald ?recta D and ~: lying
East of Range 39 £ast a~ld lqeet of the projection of the ~t property line
the Po~t Office site to the radius Point of a curve defining said existing Idatn
Street right of
Less a~d Except all Port:ton~ cf existir~ Main Street right of vray lying within
the follc~lng described strip of land.
^ strip of land lying 40.00 feet on each side of the follc~lng described line.
Cc~wence at a co, crete rnorn~nt at the Norther corner of ~ 4, B~ock
~epJat of Sc~l 'Park Su~lv~on~ thence N 00'18~41- ~ at a r~gh~ ~le to
~orth JJ~e of sa~d B~ock 5, 40.00 f~t tO a railed spike ~1~ the Point of
~l~utlng~ thence S 89'41'19" ~ a disK.ce o~ 31.54 g~ to a rallr~d spike
~rkl~ a ~lnt of ~a~e~ t~nce alo~ the arc of a ~ to t~ left
}~vl~ e delta cf R5'1~'53" a r~t~ off 402.98 feet ~ arc leith of 1~T.93
f~t to a railed aptke mrkt~ the ~tnt o~ t~en~; thence $ 64'23'26" ~ a
distance of 134.85 ~eet to a ~tnt of ~e; thence alo~ the ~c
,m~e to the left ~vt~ a delta of 6'00,00- a radt~ of 2000.~ f~t ~ arc
(llstance of 209.44 ~t ~o a ~tnt of r~erse ~t~e; thence conttn~ alo~
the arc of a ~e ~o the right ~vt~ a delta of 12'00'00. a radt~ of 2000.00
feet ~ arc dlst~ce of 418.88 f~t to a ~tnt o~ r~erae ~e; thence
~ntlnue al~ the a~ of a ~. to t~ left ~vlng a delta of 6'00~00
radl~ of 2~0.~. feet ~ ax dlst~ce e~ ~09.44 f~t to a ~e~r
st~ ~ a4644 mrkl~ a ~lnt o~ c~ ~ture; thence continue alo~
the ~c of a ~ to the left ~vt~ a delta of 19'32'59- a radl~ of 690.00
f~t ~ ~c dlsta~ce of 235.43 geet to a rall~ spl~ mtkt~ t~ ~lnt
t~en~; thence. $ 44'50'27" ~ a dlst~ce off 63.48 fee: to a ratlr~ spike
~1~ the endl~j ~tnt of ~td description. It 1~ the Intent t~t the etde
11.~ of ~ld strip ~e to ~ le~then~ or aMrt~ to teml~te
line of ~ld 5e~attm ~e~ SuMlvtston.
P~CEL 10:
~t~ e ~rtt~ of the }iorth 1/2 of the ~tstl~ ~ln Strut right of
also ~1~ a ~z,~ of Tracts D ~ E, Rapist of Sch~l Park 5uMlvlslon
reco~ In Plat ~k 1, Page 29, ~bltc ~co~ o~ I~lm ~r
Florida, ~t~ ~re fully descrl~ ~
~e North 1/2 of ~ln Street ~ those ~rtto~ of Mid Tracts D ~
Fast o~ the proJecttoM o~ the ~t p~r~ 1t~ of the Post Office site to
the r~t~ ~lnt of a ~e defflnt~ said exlstl~ ~ln Street right of
~ss ~ ~cept all ~rtloa of ~tstt~ ~tn Strut right of ~y lyl~ ~ltMn
the foll~t~ descrlM strip of l~d.
A strip of 1~ lyi~ 40.00 feet on ea~ side of the foll~tr~ descrlM line.
C~ce at a concrete ~t at the Nort~st co.er of ~t 6, Block 5,
Replat of Sch~l P~k SuMtvlston~ thence N 00'18,41- H at a right ~le to
North ltno of ~lfl Block 5, 40.00 ~eet to a rallr~d spike ~t~ the Potnt
B~lmt~: thence S 89'41~19,, H a dlst~ce of 31.54 [eet to a ratl~ spl~
~rkt~ a ~lnt of ~t~e; thence alo~ the arc o~ a ~e to ~e left
~vl~ a delta o[ 25'17,53,, a ~t~ of 402.98 f~t ~ arc leith of 1TT.93
f~t to a ratlr~d spike ~rkt~ the ~tnt of t~gen~: thence ~ 64'23'26"
~llstance of 134.05 feet to a ~lnt of ~t~e; thence alo~ the arc of a
~e to t~ le~t Imvt~ a delta of 6'00'00', a radtt~ of 2000.00 f~t ~ arc
distance of 209.44 feet to e ~tnt of re~rse ~t~'e; thence continue al~
the arc of a ~e to the rtght ~vtng a delta of 12'O0'00" a radt~ of 2000.00
feet ~ arc dlst~ce of 418,88 feet to a ~tnt of r~erse ~el thence
continue alo~ the arc of a ~e to the lef: ~vt~ a delta of 6'00'O0" a
radius of 2~.O0 ~eet ~ ~c dtst~ce o~ 209.44 feet to a rear ~ ~p
stmn~ ~ ~4644 n~rkl~ a ~lnt of c~ ~e~ thence continue alo~
.the arc of a ~]e to the left ~vt~ a delta of 19'32'59" a radt~ of 690.00
~eet ~ arc distance of 235.43 feet to a rallr~d spl~ ~kt~ the
t~encyI thence 5 44'50'~T" ~ a distance of 63.48 feet to a rallr~d spike
~1~ the e~l~ ~lnt of said deocrtp~lon. It ts the lntenk t~t the side
ll~$ of said strtp are to ~ le~then~ or shorten~ to te~t~te at
,.line of ~td Se~stl~ ~da~ Su~lvlston.
EXHIBIT "~" PAGE FOUR
a portion of Tract '°D", Replat of School Park ~u~d~vts~on a~ recorded tn
Book 1, PaDs 29, ~ubllc R=cords Indian River County, Florida, being more
described a~
Co~wence at a concrete ~on~vnent at the ]~orthweet corner of ~ot 6, Block
]~ep]af of School Park Su]:zl~vla~on; thence N OO'11t'41" H at a rJght ~le to the
Porth ]1ne of sa~d B~ ~, 80.OO feet to the ~th 2~ne of ~act "B",
o~ Sch~l Park ~lv~s~on; thence S 8g'41'19" ~ on ~ld line a dlst~ce
~1.~4 test to the ~lnt of ~i~t~; thence continue 5 gg'41~lg. ~ a d,l.st~ce
o~ 1T9,96 feet to a ~ncrete ~n~ent ~kl~ t~ ~ut~st co.er of ~ld
Tract "B"; thence S 22'25'OT" E a disk.ce o: 35.19 feet to t~ North
~y ltn~ o~ tl~ pro~ ~tn Street al~ent; thence Northe~terly
'l~ne, alo~u the arc o~ a ~e to the right ~vt~ a radl~ of 442.9g
delta of 22'06'26" flor ~ arc allstate o: lTO.9~ fee~ ~ck to t~ Point
~i~ a ~rt~ of ~act "C" ~d Tract "D", ~plat of Sch~2 Park
as reco~ ~n Plat ~k ~, Page 29, ~b]~c Reco~ of I~ R~r
r3or~da, ~ more fully d~cr~ as foll~:
C~nct~ at a c~crete ~nt at the Nort~st co~er of ~t S, Bl~k
Replnt of Sch~l Park ~vlsl~; th~ce N ~'18'41" ~ at a right ~]e to the
~orth line of sa~d Block 5, 80.00 feet to the ~orth rlght-of-~y ltm of the
pro~ ~ln Skree~ ali~nt~ the~e ~ ~n a ~sterly dtrect$~
rtght-of~y line alo~ the arc of a ~e ~vl~ a r~l~ of 442.98
delta of ~2'O~'2G", for ~ arc disk.ce of 170.92 feet to the Point
~l~l~; ~hence continue alo~ the arc of a ~e to the left ~vl~ a
of 442.98 lest, a d~lta of ~'1~'~7", for ~ arc dlst~ce o~ 24.67 feet to a
~tnt of t~en~; thence S 64'23'28" ~ a dist~ce of 45.02 feet; thence,
· leavl~ ~ld rlght~f~y line, ~ N 0'16'13" ~ on a line ~rallel
50.00 :est ~est of the ~esk line of Tract "8", Replat of Sc~l
~ul~lvls~on, 193.45 fe~t to a ~tnt of ~tt~e; thence continue alo~ the ~c
of a ~e to the left ~vl~ a radt~ of 260.00 f~t, a delta of 42'52'37" for
an arc distance of 194.57 feet to the North line of ~d Trac: "C": thence
89'36'46" E a dtzt~ce of 99.70 feet to a ~tnt. of ~e; t~nce ~therly
al~ the arc of a ~e to th~ r~ght ~vtng a radt~ of 340.00 f~t, a delta
of 7')8'04", for ~ arc d~st~ce o: 43.32 ~t :o a ~tnt on the ~t line
maid Tract "~"; thence S 0'~6'13" E alo~ sa~d ~st line a dlst~ce of 271.30
[eet to a concrete ~n~nt ~rking the Sout~sk co.er o~ ~ld Track "B..;
thence $ 22'25'07" E a dlst~ce of 35.19 feet to the Nor:h rtght~[~y line
the p~ ~in Street all.eh: ~ the Poin~ of ~i~l~.
/~t//
EXHIBIT "G" PAGE FIVE
PARCEL FOURTEEN~ BEING A PORTION OF TRACT "C" AND TRACT "D", REPLAT OF
PARK SUBDIVISION AS RECORDED IN PLATBOOK l, PAG£ 29, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLOR%DA, BE2NG MORE FULLY DESCRIBED A9 FOLLOWS~ COMMENCING AT A
COHCRETE MONUMENT AT THE NORTHWEST CORHER OF LOT 6, BLOCK ~, REPLAT OF SCHOOL
PARK ~UBDIVISIOH{ THENCE H00 18°~l'W AT A RIGHT ANGLE TO THE NORTH LINE OF
~AID BL~CK S, 8~.00 FEET TO THE HORTH RIOHT-GF-~Ay LINE OF'THE PROPOSED HAIH
STREET ALIGHHENT; THEHCE RUN IH A WESTERLY DIRECTfOH OH SAID RIGH~-OF-WAy LINE
ALOHG THE ARC OF A CURVE HAVING A RADIUS OF 44~.98 FEET, A DELTA. OF ~
FOR AH AR~ DISTANCE OF i70.92 FEET TO THE PO%NT OF BEOINN2HO{ THENCE CONTINUE
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 442.98 FEET, A DELTA
OF 3 il'2?', FOR AN ARC.D~STANCE OF ~.67 FEET TO A POINT OF ?ANGENCY~ THENCE
S64 23'~6'W A DISTANCE OF 4~.02 FEET{ THENCE, LEAVING SAiD RIGHT-OF-WAy LINE,
RUN RO i6'i3'W ON A LiNE PARALLEL TO AND S0.0~ FEET WEST OF THE WEST LINE OF
TRACT 'B' REPLAT OF SCHOOL PARK~SUBDIVISiON,..19~.4S FEET TO A POINT OF
CURVATURE{ THENCE CONTINUE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIU~ OF 260.00 FEET, A DELTA OF 42 S2'~?' FOR AH AR~ DISTANCE OF i94.~7 FEET
TO THE NORTH LiNE OF SA2D TRACT 'C'{ THENCE N89 ~6'~6'E A DISTA~CE OF 99.?0
FEET TO A POINT OF CURVATURE~ THENCE SOUTHERLY ALONG THE ARC OF A CURVE TO_THE
RIGHT HAVING A RADIUS OF ~40.00 FEET, A DELTA OF ? i8'04", FOR AN ARC
OF 43.~2 FEET TO A POINT ON THE WEST LIHE OF SAID TRACT 'B'{ THENCE ~0 16°l~'E
ALONG SAiD WEST LiNE A~DISTANCE OF 271.~0 FEET TO A COHTRETE HONUMENT ' HARK2NG
THE ~OUTNWEST CORNER OF SAID TRACT 'B'{ TNEHCE 922 2S'O?'E A DISTANCE' OF
FEET TO THE NORTH R2OHT-OF-WAY LiNE OF THE PROPOSED M&IH STREET ALIGNMENT AHD
THE POINT OF
EXHiBiT "H"
)F. TE'II (]. ARMFiELr), MAI. SFtPA .....
P, O, BOX 79 I', 2001' 13¥i.i AVENUE, EiUITE ;~06
VERQ DEr^CH. FLOglD^ 32961.O791
13051 562.Q532
Apr'lJ .!], 1g~15
3~7fl7 ~
A'-~ r~:q~(_.~;t.,d , we have ~ n:~l-)eeLed the subjeo, t:. proporty which
J.:; i~ ~111 .95 ~,~:ro l',rc, po.qud PUD ]<r,own as St. fieba~t~an in Saba~tian,
I".lorjda , '1'1,~ ~ ~] for ~he pu, t-'po~]e of providing .you ',Wi,th an
al,praJual of ai,e Harket Va!LICE of 'the fee .simple intercut
t. hi~, prnl',erty a~; of Hatch 26, 1985., .'
Th,~ Pi'Ol'~:ri Y ~'J l)}~ys~ca] ]y described 'in the following
rel~al'l; ~JJ.ie:l~ wi] I explain ~}l~ ana].ysi~t of data upon., wJlich
alit Va]tie est:jmat:c j~
were usod: The Harket APproach and
Value indications from the
IHavkot Approach
Deva]opm,,nt Approach
$3,800,000
$3,500,000
l]a~ed on tll(? ana]yues mad(:, iL is our
va ll~c: ~f t:}l~ fee s.i. mple interest to
o~, Hatch 26, 1.9fl5
'i'tlI{l.:l..' HII,T,TON ,~EVEN T1UNI)RED FIPTY
($3,750,000)
l_ }~t: 1'~:170 l- L t.O l~o. comp] ore,
opinion
the· property apprai.~ad
TftOUSAND DOLLAR'S
but any qt~o_st.i, onu you
·
DAN/PI)Albo
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
~~IONS~RESTRI~I~S~
,X~CF. SSORYBUI~DIGS
Approved For Submittal By:
City Manager /'~'~'
) Agenda No. ~,
)
) Dept. Origin Dept. of Cam~nitg
) (BC)
Date Submitted
For Agenda Of
Exhibits:
5/3/90,
5/9/90,
Memo dated 3/23/90 from P & Z
Memo dated 5/3/90 from Bruce Cooper
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Planning and Zoning Commission has recommended to the City Council to place
further restrictions on the size and location of detached accessory buildings.
Staff has submitted their recommendations outlined in a memorandum from Bruce
Cooper.
RECOMMENDED ACTION
Review proposed recommendations.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
THROUGH:
FROM:
REFERENCE:
MEMORANDUM
5/3/90
Mayor W. E. Conyers and City Council
RDbert S. McClary, City Manager~ ·/'//"~'~
Bruce Cooper Director of Community Develot:>mentt//.~
Accessory Building
I apologize for not having the clean copy as requested before City Council
but, within your packet is the Planning and Zoning Commission's recommendation
on restrictions concerning accessory buildings.
If the City Council so desires to amend the Land Development Code concerning
accessory buildings, staff has the following recommendation for such amendment:
1. Ail residential detached structures must not exceed the height of
the principal structure.
2e
Ail detached residential accessory structures must not extend beyond
the front building line of the principal structure on that particular
lot.
The square footage of all residential detached accessory structures
must not exceed 75% of the total square footage of the principal
structure (including living and non-living).
I feel that this recommendation would still allow flexibility for someone to
build an accessory structure for whatever purposes provided it is an accessory
to the residence but, give some guide lines to maintain the accessory structure
appearance to the principal building.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE: MARCH 25, 1990
TO:
:MAYOR AND CITY COUNCIL
FROM: LINDA KINCHEN
ADMINISTRATIVE ASSISTANT
THROUGH: BRUCE COOPER ~' ---- '
DIRECTOR OF COMMUNITY DEVELOPM~~~'-
RE: REVISION TO LAND DEVELOPMENT CODE SECTION 2OA-5.7(C)
PLEASE BE ADVISED THAT AFTER SEVERAL DISCUSSIONS THROUGHOUT
THIS MONTH AT REGULAR AND SPECIAL MEETINGS THE ABOVE
REVISIONS WERE DISCUSSED.
AT THE REGULAR PLANNING AND ZONING MEETING OF MARCH 15, 1990,
THE 'FOLLOWING MOTION WAS MADE: A MOTION TO APPROVE THE
REVISED ACCESSORY BUILDINGS FOR CONSTRUCTION AND RECOMMEND TO
CITY COUNCIL THE REVISIONS FOR SECTION 20A-5.7(C).
THIS MOTION PASSED BY A VOTE OF 3 TO 1.
FOR THE TERM OF THIS MEETING THERE WERE FOUR REGULAR AND ONE
ALTERNATE MEMBER PRESENT UNTIL THE RECESS. AT THE RECESS,
ONE OF THE REGULAR MEMBERS LEFT, LEAVING A FOUR MEMBER BOARD.
THIS BEING A SEVEN MEMBER BOARD, FOUR IS A QUORUM, THERE WAS
A QUESTION RAISED WHETHER THE VOTE HAD TO BE UNANIMOUS DUE TO
THERE ONLY BEING FOUR MEMBERS. THE SECRETARY ADVISED THE
CHAIRMAN PROTEM THAT SHE FELT A THREE TO ONE VOTE WAS
ACCEPTABLE.
AFTER DISCUSSING THE MATTER WITH THE CITY CLERK WHO CHECKED
ALL LOCAL AND STATE RULES, AS WELL AS PARLIMENTARY
PROCEDURES, IT WAS DETERMINED THAT A THREE TO ONE VOTE WAS
ACCEPTABLE,
SHOULD YOU REQUIRE ANY FURTHER INFORMATION, PLEASE FEEL FREE
TO CONTACT ME.
LK/DLM
Proposed revisions to Accessory Building Construction
(20A.5.7C)
C. GENERAL REGULATIONS OF ACCESSORY BUILDINGS.
Accessory buildings shall be classified in two (2)
categories,
Storage Sheds which are under 200 square feet in
area.
1. Prefabricated steel or aluminum structures, which
are purchased and assembled by the owner.
2. Manufactured fiberglass, steel, or aluminum
buildings, which are transported complete to the
site.
B. Accessory buildings which are constructed on site.
No accessory building will be built without a permit
being issued by the Building Official expressly
designating the type of accessory structure.
All accessory structures will be of block or frame
construction. If the building official is in doubt of
the type of structure of the added accessory structure
the building official will forward same to the Planning
and Zoning Commission.
3. Accessory buildings which are less than 300 square feet
in area shall be allowed provided that they do not exceed 15
feet in height from the bottom of the sill and that the side
walls do not exceed eight (8) feet in height, and the rise on
the roof shall not exceed six (6) feet in twelve (12) feet
and not less than a rise of 3-12 feet. There shall be an
overhang on the roof of at least eighteen (18) inches on all
four sides and the soffet must be enclosed. The means of
egress to these structures shall not exceed seven (7) feet in
height from the bottom of the sill and eleven (11) feet in
total width. The floor of the structure must be at least 10
inches above the crown of the road. The area around the
structure must be graded so that no more than six (6) inches
of the slab or stem wall is visible. The building must be
set back at least thirty (30) feet from the front of the main
building or fifty (50) feet from the front property line,
which ever is greater. On corner lots the structure must be
at least twenty-five (25) feet from the side road right of
way. Any deviations from these specifications must be
approved by the Planning and Zoning Commission.
Page Two
4. Accessory buildings which exceed 300 square feet in area,
but are less than 600 square feet in area will be allowed but
must be approved by Planning and Zoning provided they meet
the criteria described in item 3 above, and do not exceed the
following criteria.
The means of egress to these sturctures shall not
exceed eight (8) feet in height from the bottom of the
sill and up to nineteen (19) feet in total width.
~ Door heights of up to ten (10) feet may be constructed
thru the use of a stem wall which does not exceed two
(2) feet in height.
Any deviations from these specifications must be approved by
the Planning and Zoning Commission.
Accessory buildings greater than 600 square feet in area
must be approved by the Planning and Zoning Commission.
The following criteria must be complied with for
approval.
A. The criteria from item 3 above must be met.
B. The structure shall not exceed one thousand and fifty
(1050) square feet in area. The maximum width of the
structure shall not exceed thirty (30) feet and
maximum depth of the structure shall not exceed
forty- five (45) feet.
C. Side walls shall be allowed up to nine (9) feet in'
height.
D. The means of egress into the structure shall not
exceed nine (9) foot six (6) inches in height from the
bottom of the sill, and nineteen (19) feet in total
width.
E. Door heights of up to twelve (12) feet may be
constructed thru the use of a stem wall which does not
exceed two (2) foot six (6) inch in height.
6. Ail accessory structures constructed on site shall be
landscaped at least in accordance with section 20A-13 for
residential uses.
7. An accessory building shall be compatible with adjacent
land uses in terms of aesthetics, scale and lot coverage.
City of Sebastian
POST OFFICE BOX 790127 13 SEBASTIAN. FLORIDA 329?6
TELEPHONE (407) 589-6330
FAX 407-599~5570
SUBJECT: Award bid for clearing Main
St. Right-Of-Way
Approved For Submittal By:
city Manager
) Agenda No. ~CD, / 2> 2-
)
) Dept. Origin F_'~n~q~ k__
)
) Date Sub,,ltted 5/3/90
)
) For Agenda Of 5/9/90
)
) Exhibits:Bid Tabulation Sheet
) ~ from CE/PWD
)
)
EXPENDITURE
REQUIRED: $8,500.00
AMOUNT
BUDGETED :$120,000.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Three bids were received to clean the right-of-way for Main Street re-alicnment.
Two tied fdr low bid but one did not sukmit a proposal for the burning of the
cleared vegatation. Dennis L. Smith, Inc. has contracted with the City on
many occasions and has always completed each task in a professional and
w~rkmanlike manner. Adequate funds are budgeted in the 602 fund.
RECOMMENDED ACTION
Move the bid for clearing the Main Street right-of-way be awarded to the
best bidder, Dennis L. Smith, Inc., of Veto Beach in an amount not to
exceed $8,500.00.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
DATE:
TO:
FROM:
RE:
2 MAY 1990
ROBERT S. McCLARY, CITY MANAGER
DAVE FISHER, ENGINEERING/PUBLIC
BID AWARD RECOMMENDATION
. DENNIS L. SMITH, INC.
. CLEAR RIGHT-OF-WAY FOR MAIN STREET REALIGNMENT
Following evaluation of the three (3) bids for the subject
project, we conlude the best bid is from Dennis L. Smith,
Inc.
Smith's bid price of $4600 to clear the right-of-way is tied
for low bid with a bid in the same amount from Indian River
Construction. Smith, however, also provided, as requested,
an additional price option of $3900 to handle the burning of
cleared vegetation if that becomes necessary. Indian River
Construction did not provide that option in their bid.
We find Smith to be qualified and capable of completing the
work as specified and required. Further, we find their low
bid price to be fair, reasonable, and competitive.
For the above stated reasons, we recommend the City award a
contract to Dennis L. Smith, Inc., to clear the right-of-way
for the Main Street realignment for the base bid of $4600 and
to retain the option to accept their bid price of an
additional ~3900 to burn cleared vegetation as specified if
that becomes warranted and advisable.
0
0 0 0
I
I
City of Sebastian
SUBJECT:
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
Police Facillty
FAX 407-589-5570
Approved For Submittal By:
City Manager
) Dept. of Origin: City Manage~
)
) Date Submitted: 05/04/90
)
) For Agenda Of: 05/09/90
)
) Exhibits: - Memo from Chief Reynolds
) Dated May 3, 1990
) - Statement of Qualifications of
) Architects Design Group
)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Selection Committee for the Police Facility has completed the
interviews and developed a priority order as required by the
Consultant Competitive Negotiation Act (Chapter 287 FS). Under
the terms of the act, the City should begin negotiations with
the number one consultant upon concurrence of this report by the
City Council. Once the scope of services is refined, a fee
determined and a contract negotiated we will forward another
recommendation to the City Council for ratification of the
consultant's contract.
RECOMMENDED ACTION
Move to concur with the recommendation of the Selection Committee
for the police station facility in ranking the three top
consultants as follows:
Architects Design Group, Inc.
Digby Bridges, Marsh & Associates
Goldman & Associates
Gonzalez Heydrlck Design, Inc.
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
M~MORANDUM
DATE:
TO:
THROUGH:
FROM:
RE:
May 3, 1990
W. E. Conyers, Mayor & Sebastian
City Council ~ ---
Robert S. McClary
C.L.L;~~hief of Police
Police Facility Architect
The Selection Committee has completed the interviews with the
"short listed" applicants and has determined an order in
accordance with the methodology described in the Florida
Statutes. The order is as follows:
1. Architect Design Group, Winter Park, FL
2. Digby Bridges, Marsh & Associates, Delray Beach, FL
3. Goldman & Associates, Brooksville, FL
4. Gonzalez Heydrick Design, Inc., Orlando, FL
The number one consultant will be notified immediately along with
preliminary informal discussions regarding scope of work and
contract in order to maintain the study targeted schedule. Formal
negotiations will begin immediately upon concurrence from
Council.
The City has benefited greatly from the caliber of submittals
received. The committee has every confidence that Architect
Design Group will contribute significantly to the conclusion of
this crucial project.
/jmt
0 0
City of Sebastian
POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MAY 9, 1990 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend John Hill - Sebastian United
Methodist Church
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
90.123
Proclamation - Teacher Appreciation Week - May 14
- 20, 1990 'l
7. PUBLIC HEARINGL FINAL ACTION
8. PUBLIC INPUT
A. Non-Agenda Items
90.045
Leonard Bassi - Qualifications of Bruce Cooper as
Building Official (Agenda Request Forms, DPR
Certification of Non Licensure dated 4/24/90,
Section 102 Re: Building Official, Letter from
DCA dated 4/26/90, Cooper's Building Inspector
Certification, Recommendation & Memo from
Director of Community Development dated 5/3/90 w/
several attachments)
90.124
90.124
90.125
90.126
90.127
90.128
90.129
89.003
B. A_~enda Items
9. CONSENT AGENDA
10.
A. Approval of Minutes - 4/25/90 Regular Meeting
Request for Security Deposit and Fee W~iver for
Use of Community Center - Sebastian 4th of July
Committee - Benefit Dance 6/23/90 - 8 p.m. to 12
a.m. - A/B - Permittee DOB 1/19/54 (Application,
Letter from Vickers dated 4/30/90)
Request for Security Deposit and Fee Waiver for
Use of Yacht Club - Sebastian 4th of July
Committee - VIP Breakfast 7/4/90 - 6:30 a.m. to
12:00 p.m. (Application, Letters from Vickers
dated 4/27/90 & 4/30/90)
Request for Community Center - Sebastian River
Shrine Club - Pot Luck Supper - 9/12/90 - 5 p.m.
to 9 p.m. - A/B - Permittee John Zaricky DOB
1/7/22 - Security Paid (Application)
Request for Community Center - Burns Wedding -
9/1/90 - 6 p.m. to 10 p.m. - A/B - Permittee Ava
Burns - 11/29/64 - Security Paid (Application)
Bid Award - Golf Course - Orthene Insecticide -
600 lbs. - Terra International, Inc. - 84,950.00
(Staff Recommendation dated 5/1/90, Bid
Tabulation Form)
Bid Award - Cemetery - Unit 4 - Sod - Bannerman
Landscaping, Inc. - $13,260 (Staff Recommendation
dated 5/3/90, Memo from Interim City Engineer
dated 5/2/90, Bid Tabulation Form)
Bid Award - Cemetery - Unit 4 - Irrigation -
Clark Water Co. - $3,700 (Staff Recommendation
dated 5/3/90, Memo from Interim City Engineer
dated 5/2/90, Bid Tabulation Form)
Schedule 5/16/90 Special City Council Meeting for
the Purpose of Presentation of Williams, Hatfield
& Stoner Revised Scope of Services/Airport
Community Compatibility/Master Plan Study -
5/16/90 @ 7:00 P.M.
PRESENTATIONS
90.130
88.084
90.131
90.058
88.084
90.132
88.193
90.133
11. COMMITTEE REPORTS/RECOMMENDATIONS
12.
A. PLANNING & ZONING COMMISSION
Recommendation - Reappointment of Stanley
Krulikowski - Three Year Term - 5/90 to 5/93
(P & Z Recommendation dated 5/3/90, Memo from
P & Z dated 4/27/90, Letter from Krulikowski
dated 4/9/90)
OLD BUSINESS
A.
RESOLUTION NO. R-90-18 - Revised Main Street
Realignment Agreement (City Manager
Recommendation dated 5/3/90, R-90-11 w/ Attached
Agreement & Legal Description, Property Appraisal
Letter dated 4/11/85)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT
FOR EXCHANGE OF REAL PROPERTY WITH CARL JULIAN,
INDIVIDUALLY AND AS TRUSTEE, ROGER M. SKILLMAN AND
WAUNETA B. SKILLMAN, PERTAINING TO THE EXCHANGE OF
CERTAIN PARCELS OF REAL PROPERTY LOCATED IN THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FOR
MUNICIPAL PURPOSES OF DIRECT BENEFIT TO THE CITIZENS
OF THE CITY AND SUCH OTHER DOCUMENTS, DEEDS, PLATS
AND CLOSING STATEMENTS NECESSARY TO EFFECTUATE AND
CONSUMMATE THE AGREEMENT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Recommendations on Restrictions Re: Accessory
Buildings (Staff Recommendation dated 5/3/90,
Memo from Director of Community Development dated
5/3/90, Memo from P & Z Secretary dated 3/23/90
w/ Attachment)
13. NEW BUSINESS
Award Bid for Clearing Main Street Right-of-Way -
Dennis L. Smith, Inc. - $8,500 (Staff
Recommendation dated 5/3/90, Memo from Interim
City Engineer dated 5/2/90, Bid Tabulation Form)
Police Facility - Architectural Consultant
Selection (City Manager Recommendation dated
5/4/90, Memo from Chief of Police dated 5/3/90,
Statement of Qualifications of Architects Design
Group)
3
90.134
14.
15.
16.
17.
18.
MAYOR'S MATTERS
A. Discussion - Possibility of Golf course Lease -
United States Golf Services & Development
(previously distributed)
COUNCIL MATT~ER~SS
A. vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE uPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.) '~
4