HomeMy WebLinkAbout0822199090.189
90.153
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 22, 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.
2.
3.
4.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - None Scheduled
ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation - Business and Industry Week
- September 17 - 21, 1990 (Bruce Redus)
7. PUBLIC HEARING, FINAL ACTION
ORDINANCE NO. 0-90-06 - Comprehensive Land Use
Plan - Old Fire Station - U.S. #1
SECOND PUBLIC HEARING TO BE HELD SEPTEMBER 12, 1990
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE
COMPREHENSIVE LAND USE PLAN MAP FROM CL (COMMERCIAL
LIMITED) DISTRICT TO CG (COMMERCIAL GENERAL) DISTRICT
90.142
90.190
90.191
FOR LAND LOCATED IN THE EAST CENTRAL AREA OF THE
CITY, APPROXIMATELY .398 ACRES MORE OR LESS LOCATED
ON THE EAST SIDE OF THE RIGHT-OF-WAY OF US HIGHWAY 1,
ALSO DESIGNATED AS STATE ROUTE 5, NORTH OF MAIN
STREET AND SOUTH OF FIRST STREET; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/8/90,
1/4 Page Advertisement 8/14/90, Public Hearing
8/22/90)
ORDINANCE NO. 0-90-09 - Mandatory Water
Restriction (Staff Recommendation dated 8/16/90)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADDING CHAPTER 10 TO THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; ADDING NEW
SECTIONS 10-1 THROUGH 10-19 PERTAINING TO A WATER
SHORTAGE PLAN FOR EXISTING LANDSCAPE IRRIGATION
RESTRICTIONS, DOMESTIC AND COMMERCIAL, NEW LANDSCAPE
IRRIGATION RESTRICTIONS, DOMESTIC AND COMMERCIAL;
ESSENTIAL USE RESTRICTIONS; HOUSEHOLD AND DOMESTIC
TYPE USE RESTRICTIONS; WATER UTILITY USE
RESTRICTIONS; COMMERCIAL AND INDUSTRIAL USE
RESTRICTIONS; AGRICULTURAL USE RESTRICTIONS; NURSERY
USE RESTRICTIONS; GOLF COURSE USE RESTRICTIONS;
DEWATERING USE RESTRICTIONS; WATER BASED RECREATION
RESTRICTION USE (INCLUDES POOLS, WATER SLIDES, SWIM
AREAS); MISCELLANEOUS USE RESTRICTIONS;
IMPLEMENTATION; PROVIDING THAT THE ORDINANCE IS
SUPPLEMENTAL; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING REPEAL. (lst Reading 7/25/90, Legal
Advertisement 8/8/90, Public Hearing 8/22)
PUBLIC INPUT
Non-Aqenda Items
Pelican Island Art Club - Request for Use of
Riverview Park (Staff Recommendation dated
8/22/90, Letter from Thompson dated 8/9/90,
Rules)
Manual Raimi, Prudential Building Co., Inc. -
Request for Reduction of Code Enforcement
Lien Against E. Kight (City Manager
Recommendation dated 8/16/90, Contract for
Sale, Code Enforcement Lien, Code Enforcement
Order)
90.192
90.193
90.194
B. Agenda Items
9. CONSENT AGENDA
Approval of Minutes - 8/8/90 Regular Meeting,
8/11/90 Budget Workshop, 8/13/90 Budget Workshop
B. RESOLUTION NO. R-90-26 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE EAST
FIVE FEET OF LOT 2 AND THE WEST FIVE FEET OF LOT 3,
BLOCK 170, UNIT 5, SEBASTIAN HIGHLANDS, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI 5/102, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING AN EFFECTIVE DATE.
C. RESOLUTION NO. R-90-27 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE EAST FIVE FEET OF
LOT 3 AND THE WEST FIVE FEET OF LOT 4, BLOCK 170,
UNIT 5, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5/102, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
RESOLUTION NO. R-90-31 - Granting Easement to IRC
(City Manager Recommendation dated 8/16/90, R-90-
31, Grant of Easement w/ Attachments)
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, A GRANT OF
PERPETUAL EASEMENT IN FAVOR OF INDIAN RIVER COUNTY,
FLORIDA FOR UTILITIES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
10. PRESENTATIONS - None
3
11. COMMITTEE REPORTS/RECOMMENDATIONS
90.195
90.196
90.016
90.197
12.
13.
A. CODE ENFORCEMENT BOARD
Presentation of Case No. 90-3916 (No Action
Required)
Recommendation - Appointment of George
Metcalf to Engineer Position - 3 Year Term to
August 1993 (Staff Recommendation dated
8/16/90, Application)
B. Other Committees
OLD BUSINESS - None
NEW BUSINESS
Golf Course Restaurant Requests for Proposal -
Rank Ordering of Proposals (City Manager
Recommendation dated 8/15/90, Financial Analysis,
6 Proposals)
RESOLUTION NO. R-90-29 - Budget Amendment (City
Manager Recommendation dated 8/8/90)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO AN AMENDMENT TO THE
FISCAL YEAR 1989/1990 BUDGET; PROVIDING FOR CHANGES
TO THE GENERAL FUND, CAPITAL PROJECTS FUND AND GOLF
COURSE FUND; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
14. MAYOR'S MATTERS
15. COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
4
90.155
16. CITY ATTORNEY MATTERS
17.
18.
RESOLUTION NO. R-90-30 - Agreement Between City
and United States Postal Service Re: Realignment
of Main Street (Letter from City Attorney dated
8/8/90)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE, ON BEHALF OF THE CITY, AN AGREEMENT
BETWEEN THE CITY OF SEBASTIAN, FLORIDA, AND THE
UNITED STATES POSTAL SERVICE CONCERNING THE
REALIGNMENT OF MAIN STREET; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
CITY MANAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
5
90.153
90.142
90.190
90.191
90.192
AUGUST 22, 1990, REGULAR CITY COUNCIL MEETING
DOCUMENT LIST
The following is a list of backup materials for each item in
the agenda packet and notation for those agenda items with no
backup.
8/22/90 Agenda
7. PUBLIC HEARING, FINAL ACTION
ae
ORDINANCE NO. 0-90-06 - Comprehensive Land Use
Plan - Old Fire Station - U.S. #1
1. O/90-06-
ORDINANCE NO. 0-90-09 - Mandatory Water
Restriction
1. Staff Recommendation dated 8/16/90
2. 0-90-09
8. PUBLIC INPUT
A. Non-Agenda Items
Pelican Island Art Club - Request for Use of
Riverview Park
1. Staff Recommendation dated 8/22/90
2. Letter from Thompson dated 8/9/90
3. Rules
Manual RaimiL Prudential Building Co., Inc. -
Request for Reduction of Code Enforcement
Lien Against E. ~
1. City Manager Recommendation dated 8/16/90
2. Summary
3. Contract for Sale
4. Code Enforcement Lien
5. Code Enforcement Order
9. CONSENT AGENDA
A_p. proval of Minutes
1. 8/8/90 Regular Meeting
2. 8/11/90 Budget Workshop
3. 8/13/90 Budget Workshop
(Council & Manager Only)
RESOLUTION NO. R-90-26 - Abandonment of Easement
1. R-90-26
2. Application
3. Survey
4. Memo dated 7/31/90 from DCD
5. Memo dated 8/6/90 from PW Director
(not in press packets)
1
90.193
90.194
90.195
90.196
90.016
90.197
90.155
Ce
RESOLUTION NO. R-90-27 - Abandonment of Easement
1. R-90-27
2. Application
3. Survey
4. Memo dated 7/31/90
5. Memo dated 8/6/90
(not in press packets)
RESOLUTION NO. R-90-31 - Granting Easement to IRC
1. City Manager Recommendation dated 8/16/90
2. R-90-31
3. Grant of Easement w/ Attachments
11. COMMITTEE REPORTS/RECOMMENDATIONS
A. CODE ENFORCEMENT BOARD
Presentation of Case No. 90-3916
1. Order
Recommendation - Appointment of George
Metcalf to Enqineer Position ----3 Year Term to
August 1993
1. Staff Recommendation dated 8/16/90
2. Memo dated 4/2/90 from Lt. Puscher
3. Application w/ attached resume
13. NEW BUSINESS
16.
Golf Course Restaurant Requests for Proposal -
Rank ~ of Proposals
1. City Manager Recommendation dated 8/15/90
2. Financial Analysis
3. 6 Proposals
RESOLUTION NO. R-90-29 - Budget Amendment
1. City Manager Recommendation dated 8/8/90
2. R-90-29
CITY ATTORNEY MATTERS
RESOLUTION NO. R-90-30 - A__~reement Between City
and United States Postal Service Re: Realignment
of Main Street
1. Letter from City Attorney dated 8/8/90
2. R-90-30
2
ORDINANCE 0-90-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN TH~
COMPREHENSIVE LAND USE PLAN~ AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM CL (COMMERCIAL LIMITED) DISTRICT
TO CG (COMMERCIAL GENERAL) DISTRICT FOR LAND LOCATED IN
THE EAST CENTRAL AREA OF THE CITY, APPROXIMATELY .398
ACRES MORE OR LESS LOCATED ON THE EAST SIDE OF THE
RIGHT-OF-WAY OF US HIGHWAY 1, ALSO DESIGNATED AS STATE
ROUTE 5, NORTH OF MAIN STREET AND SOUTH OF FIRST
STREET~ PROVIDING FOR REPEAL OF ORDINANCES OR PA~TS OF
ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR
SEVERA~ILITY~ AND PROVIDING FOR AN EFFECTIVE DATE.
W~-~Y~S, the owner of the parcel of real property described
herein has applied to the City of Sebastian for an amendment to
the current land use designation; and
WH~, on May 17, 1990, the Planning and Zoning Commission
conducted a public hearing on the requested amendment to the
Comprehensive Land Use Plan amendment and has submitted a
recommendation in favor of the proposed change of the
Comprehensive Land Use Plan to the City Council~ and
W~REAS, the City Council has provided notice of the
proposed change to the existing Comprehensive Land Use Plan and
conducted a public hearing to receive citizen input~ and
WHEREAS, the City Council has considered the provisions of
the existing Comprehensive Land Use Plan together with the
recommended findings and recommendations of its staff and the
Planning and Zoning Commission~ and
WHEREAS, the City Council has determined that the requested
change in the Comprehensive Land Use Plan is consistent with the
future development of the area where the subject property is
located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. That the land use change enacted
by the adoption of this Ordinance shall apply to the following
described real property:
Lots 13, 14, 15, 16 and 17, Block 1, HARDEE'S SUBDIVISION
NO. B, according to the Plat thereof, as recorded in Plat
Book 4, at Page 74, of the Public Records of St. Lucie
County, Florida, said lands now situate lying and being in
Indian River County, Florida: LESS AND EXCEPT THEREFROM the
following described portion of the aforesaid Lot 13,
described as follows: Beginning at the Northwest corner of
said Lot 13, run Southeasterly on the Western line of said
Lot 13 a distance of 5 feet; thence run Northeasterly to a
point on the Northerly line of said Lot 13, said point being
9 feet Easterly of the Northwest corner of said Lot 13,
thence run Southwesterly a distance of 9 feet to the Point
of Beginning.
Section 5. DESIGNATION. That the Comprehensive Land
Use Plan Map shall be amended to reflect a designation of CG
(Commercial General) for the real property that is the subject of
this Ordinance.
Section 3. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the ordinance shall not be affected and it shall be presumed that
the city Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance was moved for adoption by
Councilman . The motion was seconded
by Councilman and, upon being put to a
vote, the vote was az 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 Ordinance duly passed and
adopted this day of ., 1990.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
3
I HEREBY CERTIFY that the notices of public hearing on this
Ordinance were published in the Veto Beach Press Journal as
required by State Statute, that two public hearings were held on
this Ordinance at 7:00 p.m. on the day of
1990, and the day of , 1990, and that the
following said public hearing this Ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
4
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589..-5570
SUBJECT:
Ordinance No. 0-90-09
Water Restriction
Adoption and Amendment of
Section 6 - Repeal
APPROVED FOR SUBM~.~
City Manager:
) Agenda No.
)
) Dept. Origin
)
) Date Submitted
)
) For Agenda Of
)
)
90.142
City Clerk
8/16/90
8/22/90
Exhibits: Ordinance No. 0-90-09
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Upon review of Ordinance No. 0-90-09, it was noted that Section 6
- Repeal had inadvertently not been omitted in the redraft of
Ordinance No. 0-90-09.
Attorney Rick Torpy was advised of this omission and he
recommended that Section 6 - Repeal be amended to repeal
Ordinance No. 0-90-05 the emergency water restriction ordinance.
The City Attorney will advise City Council as to proper language
for the amendment at the meeting.
RECOMMENDED ACTION
If Council concurs with the adoption, procedure should be as
follows:
MOve to adopt Ordinance No. 0-90-09 and then move to amend
Ordinance No. 0-90-09 using the language suggested by the City
Attorney.
ORDINANCE NO. O-90-0~
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY,
FLORIDA, ADDING CHAPTER 10 TO THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; ADDING NEW SECTIONS 10-1 THROUGH 10-19
PERTAINING TO A WATER SHORTAGE PLAN FOR EXISTING LANDSCAPE
IRRIGATION RESTRICTIONS, DOMESTIC AND COMMERCIAL, NEW
LANDSCAPE IRRIGATION RESTRICTIONS, DOMESTIC AND COMMERCIAL;
ESSENTIAL USE RESTRICTIONS; HOUSEHOLD AND DOMESTIC TYPE USE
RESTRICTIONS; WATER UTILITY USE RESTRICTIONS; COMMERCIAL AND
INDUSTRIAL USE RESTRICTIONS; AGRICULTURAL USE RESTRICTIONS;
NURSERY USE RESTRICTIONS; GOLF COURSE USE RESTRICTIONS;
DEWATERING USE RESTRICTIONS; WATER EASED RECREATION
RESTRICTION USE (INCLUDES POOLS, WATER SLIDES, SWIM AREAS);
MISCELLANEOUS USE RESTRICTIONS; IMPLEMENTATION; PROVIDING
THAT THE ORDINANCE IS SUPPLEMENTAL; PROVIDING FOR INCLUSION
iN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING FOR REPEAL.
WHEREAS, the city of Sebastian recognizes that there has
been a drought in the city of Sebastian which seriously threatens
the water supply to the city; and
WHEREAS, the water table of the City of Sebastian is
dangerously low and threatens the water supply of several
residents of the City of Sebastian; and.
WHEREAS, several residents of the city of Sebastian have
already experienced water supply shortages; and
WHEREAS, if immediate restrictions are not imposed upon the
use of water, the potable water supply for the City of Sebastian
may be seriously restricted, causing wide-spread health hazard.
WHEREAS, the City Council of the city of Sebastian declares
there to be a state of emergency regarding the city's potable
water supply; and
WHEREAS, Section 166.041(b) of the Florida Statutes permits
the adoption of emergency ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section !, The Code of Ordinances of the City of Sebastian
is hereby amending by adding new Chapter 10 to read as follows:
"Chapter 10
WATER RESTRICTION PLAN
Sec. 10-1. This ordinance shall be known as the City of
Sebastian'Water Restriction Plan.
~ec.10-2. Definitions.
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meaning given
herein: The word "shall" is always mandatory and not merely
directory.
(a) "city" shall mean the City of Sebastian, Indian River
County, Florida.
(b) "Water shortage emergency" shall mean a declaration by
the city or county of the City of Sebastian that a water shortage
exists.
(c)
system,
"Water" shall mean water taken from (i) the city water
(ii) any groundwater system, including shallow and deep
water wells drawing water from the Florida aquifer, (iii) any
surface water system, or (iv) any other public water supply.
This includes, but is not limited to, any system, that uses any
groundwater or interconnected surface waters for a water source
irrespective of whether said system is publicly or privately
owned.
Sec.10-3. Application.
The provisions of this chapter shall apply to all
individuals who use water, as defined, herein within the City of
Sebastian.
Sec.10-4. Enforcement.
(a) Every city police officer or other enforcement
personnel of the city who have arrest powers pursuant to the
state laws, shall be authorized and empowered to enforce the
provisions of this charter.
(b) In addition to the penalties for violations provided
herein, the city manager may enforce the provisions of this
chapter by ordering discontinuance of service to any person
violating the provisions hereof for the third and each successive
violation during any declared water shortage. If any person's
water supply is discontinued under the provisions of this
chapter, such person will be required to pay all charges
necessary for reconnection before the city will reconnect such
person's water supply.
Sec. 10-5. Exception to Article to Maintain Sanitation.
The city manager shall have the authority to permit a
reasonable use of water in any case necessary to maintain
adequate health and sanitation standards as set forth in the
Indian River County Health Code. These permits shall be issued
only upon the showing of good cause for the uses requested when
supported by the aforesaid county health and sanitation
standards.
Sec. 10-6. Penalties for Vlolation.
Violators of any of the provisions of this chapter, upon
conviction, shall be subject to the following penalties:
First offense, fine not to exceed twenty-five ($25.00);
Second offense, fine not to exceed fifty dollars
(a)
(b)
($50.00)
(c)
Any individual who has been convicted of a violation of
this article three (3) or more times, during the same water
shortage emergency, upon conviction of each offense after the
second conviction during the same water shortage or water
shortage emergency shall be deemed to be guilty of a second
degree misdemeanor and punished according to state law for such
offenses.
Each day of continued violation shall be considered as a
separate offense.
Sec. 10-7. Existing landscape irrigation restrictions,
domestic and commercial.
(a) For existing installations less than 5 acres in size,
water use for irrigation is restricted to the hours of 4 a.m. to
8 a.m., three days per week.
(b) For existing installations 5 acres or greater in size,
water use for irrigation is restricted to the hours of 12:01 a.m.
to 8:00 a.m., three days per week.
(c) For all existing installations without automatic
irrigation timing devices, irrigation is also permitted during
the hours of 4:00 p.m. to 8:00 p.m., three days per week.
(d) Installations with odd addresses are permitted to
irrigate on Monday, Wednesday and Saturday. Installations with
even addresses or no addresses are permitted to irrigate on
Tuesday, Thursday and Sunday.
Se~. 10-8. New landscape irrigation restrictions, domestic
and commercial.
(a) Low volume irrigation of plants and crops with one
hose, fitted with an automatic shutoff nozzle, is permitted but
conservation should be practiced.
(b) For installations including home flower gardens which
have been in place less than 30 days and are less than 5 acres in
size, irrigation using automatic timing devices is restricted to
the hours of 2:00 a.m. to 8:00 a.m., Monday through Friday.
(c) For areas 5 acres or greater in size, irrigation is
restricted to the hours of 12:01 a.m. to 8:00 a.m., Monday
through Friday.
(d) For new installations including home flower gardens
without automatic irrigation timing devices, irrigation is also
permitted during the hours of 4:00 p.m. to 8:00 p.m., Monday
through Friday. There are no restrictions for those watering by
hand using iow volume methods.
(e) Cleaning and adjusting of new irrigation systems is
restricted to 10 minutes per zone on a one time basis.
Sec. 10-9. Essential use restriotions.
No restrictions on fire fighting or medical uses. Hydrant
flushing only on emergency basis.
Sec. 10-10. Household and domestic type use restrictions.
Residential domestic use should be reduced to achieve a per
capita consumption of 60 gallons per person per day.
Sec. 10-11. Water utility use restrictions.
Pressure reduction by at least 15% initial pressure at point
of service (meter) where operationally feasible. Adequate line
and fire flow pressure should be maintained.
Sec. 10-12. Commercial and industrial use restrictions.
(a) Commercial car washes serving passenger vehicles and
mobile equipment weighing less than 10,000 pounds are prohibited
from using in excess of 75 gallons of water per wash.
(b) Commercial car washes serving passenger vehicles and
mobile equipment weighing more than 10,000 pounds are prohibited
from using in excess of 150 gallons of water per washing.
Sec. 10-13. Agricultural use restrictions.
(a) Overhead irrigation, except by portable volume gun, is
restricted to the hours of 2:00 p.m. to 10:00 a.m.
(b) Flood and seepage irrigation must not discharge
tailwaters from the property. This restriction does not apply to
agricultural uses in the production of watercress planted prior
to the declaration of a water shortage.
(c) Soil flooding for pest control or soil preservation is
prohibited.
Sec. 10-14. Nursery use restrictions.
Inside overhead irrigation uses are restricted to 8:00 a.m.
6
to 8:00 p.m., seven days per week. Outside use is restricted to
7:00 p.m. to 7:00 a.m., seven days per week.
Sec. 10-15. Golf course use restrictions.
(a) Irrigation of greens and tees must be accomplished
during non-daylight hours.
(b) Irrigation of fairways, roughs and non-playing areas on
the first nine holes of the course are restricted to the hours of
12:01 a.m. to 8:00 a.m. Monday, Wednesday and Saturday.
(c) Irrigation of fairways, roughs and non-playing areas on
the last nine holes of the course is restricted to the hours of
12:01 a.m. to 8:00 a.m. on Tuesday, Thursday and Sunday.
Sec. 10-16. Dewatering use restrictions.
Discharge of fresh water to tidal waters is prohibited.
Sec. 10-17. Water based recreation restriction use
(includes pools, water slides, swim areas).
(a) Filling is permitted for new and existing facilities.
Draining is only permitted onto porous surfaces. No draining
into sewers. Adding water to maintain levels is permitted for
both new and existing facilities.
Sec. 10-18. Miscellaneous use restrictions.
(a) boat washing and motor flushing is permitted for up to
a maximum total of 30 minutes following operation in salt of
brackish water.
(b) Air conditioning (water source heat pumps) use
restricted to water necessary to maintain temperature no cooler
than 78 degrees Fahrenheit.
(c) Washing and cleaning streets, driveways, sidewalks, or
other non-porous areas with water is prohibited.
(d) Non-commercial vehicle washing is restricted to the
hours from 4:00 a.m. to 8:00 a.m. and from 4:00 p.m. to 8:00
p.m., three days per week, using even/odd house address method.
(e) Outside pressure cleaning is restricted to only low
volume methods, seven days per week.
(f) Outside aesthetic uses of water is prohibited."
Sec. 10-19. Implementation.
The curtailments and restrictions of water uses provided for
herein shall be implemented upon a declaration at any time of the
water shortage emergency by the City Council of the City of
Sebastian and shall remain in effect until such times as the City
Council shall declare such emergency to be at an end.
Section 2. ORDINANCE SUPPLEMENTAL.
The provisions of this Ordinance are supplemental, in
addition to, and not in derogation of, all existing ordinances
effective in the City of Sebastian, Indian River County, Florida.
Section 3. CODIFICATION.
It is the intention of the City Council of the City of
Sebastian, Indian River County, Florida, and it is hereby
provided that the provisions of this Ordinance shall become and
be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this Ordinances may be
renumbered or relettered to accomplish such intention; and the
word "Ordinance" may be changed to "Section", "Article" or other
appropriate designations.
Section 4. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or
unconstitutional, the remaindered of the Ordinance 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 provisions. It shall further be assumed that
the city Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and
effect.
SectiOn 5. EFFECTIVE DATE.
This Ordinance shall become effective immediately upon its
adoption.
Section 6. REPEAL.
This ordinance shall be automatically repealed on the 91st
day after adoption.
The foregoing Ordinance 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 Ordinance duly passed and
adopted this
day of
, 1990.
CITY OF SEBASTIAN
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
i HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, the one public hearing was held on
this Ordinance at 7:00 p.m. of the day of ~, 1990, and
that following said public hearing this Ordinance was passed by
the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
10
City of Sebastian
POST OFFICE BOX 780127 o SEBAS?IAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
Request From Pelican Island Art Group
To Utilize Riverview Park
Approved For Submittal By:
City Manager ~~ h
Dept. Origin Community Development {BC)
Date Submitted 8/16/90
For Agenda Of 8/22/90
Exhibits: Letter dated August 9, 1990
from Harry Thompson
Rules for park shows by Pelican Island Art
Group
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Harry Thompson from the Pelican Island Art Group is requesting permission to
utilize the Riverview Park on November 10, 1990 and February 9, 1991 from 10:00 A.M.
to 5:00 P.M., with rain dates on the following Sunday.
RECOMMENDED ACTION
Move to approve the request from Pelican Island Art Group to hold shows on
November 10, 1990 and February 9, 1991 subject to:
1. $100.00 Security Deposit
2. No vehicles-within the park
3. Applicant to provide sufficient waste receptacles and clean up after event
4. No alcoholic beverages are permitted within the park
5. All displays must be clear of the sidewalks and entrance ways
PELICAN ISLAND ART GROUP
391 S.W. Benchor St.
Sebastian, Fl. 32958
~u~ust 9, 1990
Mayor Will Conyers and
~embers of the Council
City of Sebastian
1225 Main Street
Sebastian, Fl. 32970
Gentlemen:
We are a newly-formed group, still in the process
of getting organized. We are attemptin~ to put to~ether
a slate of events for the coming season. We are con-
sidering having two shows: Saturday, November 10, and
Saturday, February 9, from l0 A.M. to 5 P.M., with
rain dates on the followin~ days (Sunday). We request
your permission to use Hiverview Park for this purpose.
Please address ~our reoly to: Harry Thompson,
391 S.W. Benchor St., Sebastian, Fl. 32958.
Thank you for your consideration of our
request.
Very truly yours,
HT:ms
Harr~hompson '
~tEIIE EF...: THRT
F'ELIC:RH iSLSHD 8RT GROUI::'
RULES FOR PRRK SHOP.IS
HOT COMPLY [41 TH THESE
RLLO~ED TO RXHIBIT
F'I_ LES [,11 LL. HOT BE:
1. On].y Club member.=. L,]ill be .~.llo[,Jed to e::.::hibit..
';.-'our. merr~ber.-=hiP c.a. rd be¢or'e set. t:in9 uP ~;or. the sh,::,[,].
2. Ho one ~.,Ji].l be .~,.1].,:,L,jed to .Join the Club ,::,r'~ the
must .Join Pr. it, r. t,'-, tl-,e da.Y ,3.F 'P..he '=.ho[,J.
3. I"lerr~ber',s n',ust be F'r-oPer. l:.' dr.e~sed ._~.t a. l l
TI:IIi ,'_~.L.IPPl&ed hy F:lub,
t i me~ &nd t,.le a.r. f..IRME
4. DO HOT u-~e ber'~,:::he:s c,r. F' i. ¢:n i c tab 1 e:..:., f,:,r'. Y,:,ur. d i ~.r.., ]..~.:..'. KeeF'
.':."ouf" &r'e..~. ,:.'Le..~.r', .i~.f-,:'l l'-,e.~.~. Yn,..m' .~_&.'.e.~. MIJST be ,::;I.e.~.f-, L,.Ihef't YOL. I le-.~.ve the
the F'._~.r.K.
5. al 1 ,d:i.~p 1.~.y:_=. mu:.--.t fze ,:leaf-. c,f the .-'.-:.ideL,J.~_lK_~.
L,,I-~'..':'" ~.
,S. I"b member ._s h....t 1 1 bt' :L r, 9 fll.lit'Or,lOB I LEE
E,E~EF.NLE:, i'nto the F....f'k on sho[,~ d.~.t, es.
19t,i I I'"IflLS or FII_COHOL :[ C
7. Fll:t. er. unlo..~.din~ Your. ,:.~.r- Please r,xD'..,e to, .?..,.n,:,thep .~.r.e..~. t.o i::'&r.l<.
]'his b~ill .~,.llot,~ the Publi,:: t,:, use the P~.r'Kih9 ..~.f'"e.~.'=..
"' .: h .. L,] C ,;", r,'l m
,:,. R1]. f'ler,'~bers must obe: .... the r. eq. ue:st?.-. ,:d: the * - it'b. ee.
F.~.i lure to do''r ma.Y ca. re.me ~ho~ P r i,..,i leges to be r'.ev,)Ked.
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: city lien for
Code Enforcement
Violations - Lot 6
Block 456, Unit 17 SH
Approved For submittal By:
city Manager ~~
) Agenda No.
)
) Dept. of origin
)
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
)
)
)
)
City Manager
08/16/90
08/22/90
Summary of liens
Real Estate Sales Contract
Lien dated 4/18/90
Lien dated 3/18/90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
I have been asked to review two liens filed against property
owned by Jones Earl Kight. These liens were filed in an effort
to collect $4,675 in fines imposed by the Code Enforcement Board
for code violations. I have evaluated this matter and have
consulted with the City Attorney.
I recommend that Mr. Kight's fine be reduced to $1,000.00 and
that the lien of $4,675 against his property be released upon
payment of the reduced fine for the following reasons:
1. The City Council is empowered with authority to
reduce or eliminate a fine of the Code Enforcement
Board based upon the city's ability to collect the
fine.
2. The city Council is not an appellate body of the
Code Enforcement Board. Any appeal from the Code
Enforcement Board is to a Court of Law not the City
Council. Therefore, any question of justice or
injustice which may have been raised in this case
is simply not relevant to this report.
3. The City's ability to collect this fine is
impaired because the City cannot foreclose upon
real property which is homestead.
4. The subject property is sold subject to a
reduction in the amount of fines.
ACTION
Move to reduce the fine levied against Jones Earl
$4,675 to $1,000 and to release the liens filed
Kight's property (Lot 6, Block 456, Unit 17 eH)
wide easement to Indian River County~
Kight from
against Mr.
u k~-n I_ b^ZE of: ~FcOt~D,~ M^~,, l¢, I~lg 7
'2..4,
-FO'-rA L_
El E"Ni ~
1'7~o. ob
1840 ~rber Street Se.bms~.~n, ~ 32958 Prudential Building Co.,
c
Lot 6
Block 456
Unit 17
1840 Barber Street Sebastian, FL 32958
./
........................................... $, 33,500-00 .....
500,00
I~,IRCHA~ E PRICE
I~YMENT:
Steven
~ o,~ This is ~ cmsh sale ~
Iff. ~ME FOR ACCEPTANCE; EFFE~t~ DATE: Il Ih~50flPr tS ~ ex~ ~ a~ ~l~ Io mil ~ms OR FACT OF EXECUT~N C~t~ m wnt~ ~1~
~ ~ ~fore Julx 231 ,,1990 ..... I~e dePos~lis) w,fl, at Buye~ s CPI*on, be relurMd Io Buye, am~ the o[le~
~, C[OIINO DATE: This Irans~l~n ~11 be c~s~d e~ l~ ~eO e~ DiOr c~s*~ DO.rS O~ed o~ ~--2~--~0 , unless e~lenOeO Dy Olher ~Ovis~nS Of
anO rear yarO setback : 2U
XlII. ~BILITY: (CHEC~ iH o, (2)) a~, (1) ~ mey a,s~n ~ (2) ~ may ~1 ~,~n ~lfacl See Addendum To Con tract a t tached
xtv. m~CmALCLAUSEm:(C.~C~(,)o.(m, ~m(~)~ ,s..~c~onfm~ ,.~,aooB<~ and made an integral part hereof
THI~ IS INTENDED ~ BE A LEGALLY BINDINO CONTRACT.
IF Nt~T FULLY UNDFRSTOOD. SEEK ~E ADVICE OF AN ATTORNEY PRIOR TO SIGNING
( B,uyeQ (Seller)
Tax ID ~' ~OCml Security or l~x I,D ·
CeCOS(liS) under ParmgrllDh II recelwd IF OTHER THAN CASH THEN SU~ECT TO CLEARANCE IEscrow
O IF A L~INQ AGREEMENT iS CURRENTLY IH EFFE~: N/A
OR
~ IF NO USTiNG AGREEMENT IS CURRENTLY IN EFFECT: ~/~
By
Cain ~ ~T,~JNED FROM THE FLORIDA AJ$OCIATION OF REALTORS OR THE FLORIDA BAR
ADDENDUM TO CONTRACT
By and Between
JONES EARL KIGHT
"Seller"
and
PRUDENTIAL. BUILDING CO., iNC.
"Buyer"
The following items ere made part of the "Contract For Sale
and Purchase" of 1840 Barber Street, Sebastian, FL.
1. This Contract is contingent upon Seller being able to
successfully reduce the total legal expenses and liens
placed on 1840 Barber St., Sebastian, FL by the City of
Sebastian to a total amount of liens and legal expenses of
$1,000.00 or less.
2. Seller, at Seller's expense, within time allowed to deliver
evidence of title, and to examine same, shall have the Real
Property surveyed and certified by a registered Florida surveyor.
If survey shows encroachment on Real Property or that improvements
located on Real Property encroach on setback line, easements,
lands of others, or violate any restrictions, contract covenants
or existing governmental regulation, the same shall constitute a
title defect.
3. Seller, at Seller's expense, within time allowed to deliver
evidence of title and to examine same, shall have the Real Property
inspected by a Florida Certified Pest Control Operator to determine
if there is any visible active termite infestation or visible
existing damage from termite infestation in the improvements. If
either or both are found, Seller shall, pay costs of treatment and
repair of all damage prior to closing, or Buyer shall have the
option of cancelling the Contrect.
4. Seller, at Seller's expense, shall have the Real Property cleaned
and all debris removed from the property, at Buyer's satisfactibn,
which shall not be reasonable witheld, prior to the closing.
Dated "~r_[c%- ci 0
3ones Earl Kight
Dated '~ - f~* c10
Eob-iai Security or T~ac l D e ........
F A Ll~rrlNO AOREEMENT IS CURRENTLY IN EFFECT', N/A
r'~ ~'~o"~y-~:~-~"name(J~;~-~ ,~ci~ ~oue,a,,n9 su ~-agen s n rr, ecL acco~Ch~100 ,re ,eras OI an e~,$,,r~, seDara,e hs,~ng a~(eement
['-] IF NO LII~TINO AGREEMENT iS CURRENTLY IN EFFECT; N/A
RIDERS CAN BE OBTAINED FROM THE FLORIDA A$$OClA'nON OF REALTORS OR THE FLORIDA BAR.
.BETURN 'I-0 '~
CiTY OF SEBASTIAN, FLORIDA
COUE ENFORCEMENT BOARD
CZTY OF SEBASTIAN,
Petitioner
vs.
JONEs EARL KZGIIT, JR.
' ,,~ :11,' lED
ll,':']¢ I.', UAIIION
INDiAH tlIVE[1 CO.. FLA
ORDER IMPOSING ADMINISTRATIVE FINE/LIEN
TIIZS CAUSE came on for public I~earing before tl~e board
on Februazy 21, 1990, aft:er due notice to Respondent, at which
time tile Board heard testimony under oath, zecetved evidence and
Issued ~ts Findings of Fact and Conclusions of Law and thereupon
Issued ~ts oral O~de~ which was zeduced to writing and furnished
to Respondent.
Said Orde~ requi~ed Respondent to take' certain
corzect]ve act]on by FebFuary 21, 1990, as moze specifically set
forth in that. orde~ dated February 21, ~990.
Accordingly, Jt baying been bz oug}~t to the Board's
attention that Respondent has not complied w~th the Order dated
February 21, 1990 until February 28, 1990, it is hereby
ORDERED that Respondent pay to the City of Sebastian a
fine in the amount of ONE THOUSAND SEVEN iiUNDRED FIFTY DOLLARS
($1,750.00) ti~at existed at 1840 Barbe~ Street, Sebastian,
Florida, moxe pa~ticulazly desc~ibed as:
Lot 6, Block 456, SEBASTIAN NIGHLANDS UNIT ~7, of
the Public Records of Indian R~.ver County, Florida.
DONE AND ORDERED this /~i~f~ day of April, 1990, at
SebastJ. an, Indian River County, Flozida.
CODE ENFORCEMENT BOARD OF THE
CITY OF SEB~ASTIAN,..FJ~O~ID~
Chairman
ATTEST:
Sec~e~/~ry
SUBSCRIBED
1990.
· ,::2, .'~ ) '
PUBLIC
AND
SWORN
TO BEFORE ME THIS ~ day of
I iI£REB¥ CERTIFY that a true and core-ct copy of the
abov~ and foregoing Ord~ Impos].ng Penalty has been furnished by
maJl/p.rsonal s-~vic~ to Respondent and/or R~spond.nt's
author~.~d.couns.10 JONF_~EARLKI~, JR.
at Sebastian, Florida
~990,
499639
CODE ENFORCEMENT BOARD
CiTY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
IN TNE MATTER OF: CASE NO. CEB 86-89
EARL JONES KIGHT, JR.
1840 Barber Street
Sebastian, FL 32958
/
ORDER OF ENFORCEMENT
THIS CAUSE originally came to be heard after due Notice to
the Respondent at a violation hearing conducted by the Code
Enforcement Board of the City of Sebastian on October 8, 1986,
regarding violation of an ordinance/the Land Development Code of
the City of Sebastian prohibiting/describing nuisances.
Specifically the violation involved Chapter 16, Section 16, Sub-
Section 1, 4 and 6, Section 16-2, Sub-Section 2 and 3.
FINDINGS OF FACT
The Board determined upon the evidence presented that Mr.
Kight was accumulating grass clippings, vehicle parts, loose
lumber, junk, debri, etc., in violation of the above-referenced
ordinance.
CONCLUSIONS OF LAW
o
~ The above-referenced individual was found to be in violation
- '' of said ordinance and was given 10 days within which to correct
6~ ~ said violation. In the event Mr. Kight failed to correct said
c3f c) violations within the time 'allowed, a fine was to be imposed in
~-~ the amount of $25.00 per day for each day the violation occurred.
~_ ORDER IMPOSING PENALTIES AND LIENS
~>~< At a meeting of the Board on February 11, 1987 it was
~n'~9 determined that Mr. Kight had not correct any of the violation.
The Board imposed its fine of $25.00 per day retroactive to
November 28, 1986.
It was thereby ORDERED that the Respondent pay to the City
of Sebastian, a fine in the amount of $25.00 per day for each and
every day the violation existed and continued t° exist upon the
following described property, situate in the City of Sebastian,
O. R. 0763 PG
2315
Florida, to wit:
Lot 6 Bloc): 456 Unit 17
SEBASTIAN HIGBLANDS, Florida
This Order shall be recorded in the Official Record Books of
Indian River County forthwith and shall constitute a lien against
the above-described property pursuant to Chapter 162 of the
Florida Statutes and Section 2-104 of the Sebastian City Code.
DONE AND ORDERED this 18th day of March, 1987, at Sebastian,
Indian River County, Florida, in accordance with a ruling made by
this Board in open session on February 11, ]987, nunc pro tunc.
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN, FLORIDA
~3GENE BLOME, Chairman
The foregoing instrufnent was executed before me by EUGENE
BI,OME, Chairman of the Code Enforcement Board of the City of
Sebastian, Florida, and i hereby certify that a true and correct
copy of this order has been furnished by U. S. Mail to
~s 20thday of March , 1987.
KATHRYN NAPPI, ~ec~tary
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared EUGENE BLOME, Chairman of the
Code Enforcement Board of the City of Sebastian, Florida, known
to me to be the person described herein and who executed the
foregoing instrument, and acknowledged to and before me that he
executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this 18th day of
March , 198_3-.
Notar~ %>ublic, S{afi~ of Florida
My ~Commtssion Expires ,~RY,u~l]c S~A~{ ~ rL0,;p~
APPROVED AS TO~ORH A~D LEGAL SUFFICIENCY
By:
STEV~N LUL~Cll, ESQU2RE
CO~e ~nforcement Board ~ttorney
OZ :01 I'lV I;~ UVH ZBBi
O.fl. 07G3 PG 2316
RESOLUTION NO. R-90-26
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE EAST FIVE FEET OF
LOT 2 AND THE WEST FIVE FEET OF LOT 3, BLOCK 170,
UNIT 5, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5/102, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION I
That the City of Sebastian does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The east five feet of Lot 2 and the west five feet
of Lot 3, Block 170, Unit 5, Sebastian Highlands,
according to the plat thereof, recorded in PBI 5/102,
Public Records of Indian River County, Florida.
SECTION II
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION IV
This resolution shall be in full force and effect
immediately upon its passage.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this__day of , 1990.
Kathryn M. O'Halloran, CMC/AAE
( SEAL )
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in Indian River County, Florida, this
day of , 1990.
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
2
. APPLICATION FOR VACATION OF EASEMENT(S)
(This request shall no be accepted unless completed in full)
NAME: Angelo DiTrapano, Jr. and Margaret M. DiTrapano, his wife
ADDRESS: ¢/o Bruce Barkett, P.O. Box 3686, Yero Beach, FL 32963
TELEPHONE NO. 231-4343 TYPE OF ENTITY:* individuals
*Individual, corporation, etc. - If corporation apply corporate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
See Exhibit "A"
(Attach description on attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in by Building Official)
TYPE OF EASEMENT: Public Utilities and Drainage
APPROXIMATE SIZE OF EASEMENT: 125 feet in length 10 in width
PURPOSE FOR REQUEST TO VACATE: See survey. Three lots have been made
into two, and this easement splits one of the resulting lots. It will
interfere with proposed home.
(Explain in detail your need to release this easement)
I HEREBY CERTIFY that I, the Applicant, own the real property on
which the easement I request to vacate exists, or I em authorized
to present this rp~qest to vacate by the owner of the real
Attorney ~,~"'~ x.~J..~_~
Signed:(title, if any) Date
Bruce D. Barkett
Please Print Name Here
Corporate Seal
Attach hereto the following:
( ) 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land ad3acent to the easement requested
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING.
( ) 2.
( ) 3.
(N/A)
Complete legal description of the parcel of land on which
the easement exists if the full description cannot be
placed on the lines provided above for the description.
Written authorization of the owner of the parcel of land
on which the easement exists if the applicant is not the
owner.
( ) 4.
(N/A)
( ) 5.
( ) 6.
IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO
REPLACE TIlE EASEMENT 4*HAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISN THE DEDICATION OF THE NEW EASEMENT.
Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to the
Office of the City Clerk. This application fee is not
refundable. The fee is $25.00. .~ p~,o ?'2'~-')o ct ~ 711~
OTHER: ,'f')IZ--
Date Received by the Office of the City Clerk
By:
file: aban.app
LEG~ DESCRZ~TIO~:
as recorded tn Plat ~ook ~, Page 102, Public Records of Indian River CoUnty, [lorl~a, bel~8 more
Particularly descrlbed as follo~: C~en~e a~ the Intersection of the ceu[erll~e of [vernla
Street and the cea[erl~ne of Chelsea Avenue; thence ru~ S 89'45'30" E aloe8 ~1d cen~rltne.of
Chelses Aveuue ~ distance of 11~.06 feetl thence run ~ 0'~3~30,, g a distance o[ 2~.0 test to'the
North rlght o[ ~ay llne of Chelsea Avenue ~ng [h~ Poln~ of ~e81~lug of the herein described-
Parcel: thence continue
distance of 120.00 feet; thence run S 0'13~30. U a dl~[ance of 12~.00 feet to the ~orth fl[hr of
ray line of Chelsea Avenue~ thence run ~ 89e46t30,, V ~lo~g eatd No~th right of ray I dtltance o~
120.00 feet to the ?olnt of Be&tnn~ng. Containing 0,36 acrel, ~re or less, and lubJect to esse-
ments and right of ~aye of record,
P~T OF SURVEY for:
Accordlt]~ CO Hap No.
12061C0078E, l'anc~ 78
property lies In Flood Zone ,
i
City of Sebastian
POST OFFICE BOX 780127 [a SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589.5330
FAX 407-589-5570
M E M O
TO:
FROM:
REF:
t[athrvn O'Halloran
City Clerk
Bruce Cooper .... /'" ~
Director of Community Devel. o.r..m~en2c "":
3uly 31, 1990
Abandonment of Easement, Lots
Sebastian ~]~;~':idncs, [init r
In reference to the above request., I have no objectior~,
BC: [,_', s
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
TO:
i'.~,THRYN ~';, 0'dALLc-FI&N
~ ..,-_,,. ,,~,~ER~,
RESOLUTION NO. R-90-27
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE EAST FIVE FEET OF
LOT 3 AND THE WEST FIVE FEET OF LOT 4, BLOCK 170,
UNIT 5, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5/102, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION I
That the City of Sebastian does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The east five feet of Lot 3 and the west five feet
of Lot 4, Block 170, Unit 5, Sebastian Highlands,
according to the plat thereof, recorded in PBI 5/102,
Public Records of Indian River County, Florida.
SECTION II
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION IV
This resolution shall be in full force and effect
immediately upon its passage.
1
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this day of , 1990.
Kathryn M. O'Halloran, CMC/AAE
(SEAL)
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in Indian River County, Florida, this
day of , 1990.
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
2
CITY OF SEBASTIAN
APPLICATION FOR VACATION OF EASEMENT(S)
(This request shall no be accepted unless completed in full)
NAME: Stephen M. DiTrapan0 and Karen M. DiTrapano , his wife
ADDRESS: c/o Bruce Barkett, P.O~ Box 3686, Veto Beach, FL 32963
TELEPHONE NO. 231-4343 TYPE OF ENTITY:* individuals
*Individual, corporation, etc. - If corporation apply corporate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WllICIl EASEMENT EXISTS:
See Exhibit "A"
(Attach description on attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in by Building Official)
. i . 1, / ?~ ~, ,~.,, ~,.,- ~,. il,...,../; ~ ,'.,, ~
TYPE OF EASEMENT: Public Utilities and Drainage
APPROXIMATE SIZE OF EASEMENT: 125 feet in length 10 in width
PURPOSE FOR REQUEST TO VACATE: See survey. Three lots have been made
into tW.9~, and this easement splits one of the resulting lots. It will
· .interfere W.~th proposed home.
(Explain in detail your need to release this easement)
I HEREBY CERTIFY that I, the Applicant, own the real property on
which the easement I request to vacate exists, or I am authorized
to present this r~quest to vacate by the owner of the real
pr°perty~i'> \ , ,.e~.t\
Signed:(titls, if any) Date
Bruce D. Barkett
Please Print Name tiere
Corporate Seal
Attach hereto the following:
( ) 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SI{OW THE EASEMENT CLEARLY ON DRAWING.
( )2.
(N/A).
( ) 3.
(N/A)
Complete legal description of the parcel of land on which
the easement exists if the full description cannot be
placed on the lines provided above for the description.
Written authorization of the owner of the parcel of land
on which the easement exists if the applicant is not the
owner.
( ) 4,
(N/A)
( ) 5.
IF IT IS NECESSARY TO GRANT BACK ANOTIIER EASEMENT TO
REPLACE TIIE EASEMENT'THAT IS TO DE VACATED, ATTACII A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF TIlE NEW EASEMENT.
Attach a check or money order payable to "The City of
Sebastian" upon submittal of thie application to the
Office of the City Clerk. This application fee is not
refundable. The fee is $25.00. _. {~,~ ~? ? ~,
( ) 6. OTHER:
Date Received by the Office of the City Clerk
By:
file: aban.app
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
M E M O
TO:
FRO?!:
DATE:
REP:
Rath:-,,'n O'Haiio:'an
C-it 5' Clerk
Bruce Cooper ./~~~<-~'-v~--/'
Director' of Commui'lit~- Developmenp~~ / }
Juls' 31, 1990
Abandonment of Easement, Lots 3 & 4, Bloc]< 170,
Sebastian Highlands, Unit 5
In reference to The above request, ! have no objection.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
CiTY 0L--- P,. ~:
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AFTER AN
OE:,jE C ~ T or<, '-,- c,, ,. THE .A-"z~ A N t~ L)i'x .... ;E r,.~7 A-'z_ _'""'----'_MEN~, ,._, .r-r->F-' "-HE _'z,_ ,-," ,:,--
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TO CONTACT
City of Sebastian
POST OFFICE BOX 780127 tn SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589.5570
SUBJECT: Utility Easement to
Indian River County
Approved For Submittal By:
City Manager
) Agenda No.
)
) Dept. of origin
)
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
)
)
City Manager
08/16/90
08/22/90
Resolution R-90-31
Grant of Easement with attachments
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On August 25, 1989, Mayor Richard B. Votapk.a signed a grant of
easement to Indian River County which granted a twenty foot wide
easement for utility purposes. This document was signed in error
because the City Council did not adopt a resolution authorizing
the Mayor and Clerk to sign in behalf of the City.
RECOMMENDED ACTION
Move to approve Resolution No. R-90-31 granting a
wide easement to Indian River County.
twenty foot
RESOLUTION NO. R-90-31
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, A GRANT OF
PERPETUAL EASEMENT IN FAVOR OF INDIAN RIVER COUNTY,
FLORIDA FOR UTILITIES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Indian River County, Florida, has requested that
the City grant it a perpetual easement for utilities on land
owned by the City; and
WHEREAS, the City Council of the City of Sebastian, after
reviewing the proposed Grant of Easement submitted by Indian
River County, Florida, for its approval, and after 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 grant the perpetual easement for utilities on land
owned by the City as requested by indian River County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Sectionl. AGREEMENT. The Mayor and the City Clerk of
the City of Sebastian, indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the proposed grant of
easement proposed by Indian River County, Florida, a copy of the
proposed grant of easement having been attached to this
Resolution as Exhibit "A" and by this reference is incorporated
herein. The original grant of easement shall be forwarded by the
City Clerk to the County Attorney for recording by Indian River
County, Florida.
Section 2. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of
competent 3urisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
ramainder 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
2
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1990.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W.E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Charles I. Nash, City Attorney
3
~-~O THIS GRANT O~E.ASEMENT, made and executed this
day o f _~~.~ _. _, A.D. ~ ~9. by
F SEBASTIAN, a municipal corporation of the State of
Florida, whose Post Office address is CITY HALL, Sebastian,
FL 32958, hereinafter called GRANTOR,
to
INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, 18q0 2$th Street, Veto Beach, FL 32960, hereinafter
called GRANTEE.
(***Whenever used herein, the terms GRANTOR and GRANTEE
include all the parties to this instrument and their heirs,
legal representatives, successors, and assigns.)
WITNESSETH: That Grantor for and In consideration
of the sum of TEN DOLLARS and other valuable consideration,
· receipt of which is hereby acknowledged by these presents
does grant, bargain, sell, alien, remise, release, convey,
and confirm unto the Grantee, a perpetual easement of twenty
feet in width for utilities over, across, and beneath the
following described land, situate in Indian River County,
Florida, to-wit:
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
AND Grantor hereby covenants with said Grantee
that the Grantor is lawfully seized of said servlent land in
fee simple, and that the Grantor has good right and lawful
authority to convey the easement established hereby and will
defend the same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set
Grantor~s hand and seal the day and year first above
written.
Signed, sealed and
delivered in the
presence of:
CITY OF SEBASTIAN
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
~ ,/ , SWORN TO and subscribed be_fqr, e me by ~'C~.~
~. VOI~-OJ~ as ~/~ ,,~ ....
or florida, on this ~day of ~G~, 1989.
S~A #~40
DESCRIPTION OF THE PROPOSED 20 FOOT EASEHENT: THE WESTERLY 20 FEET OF
TRACT 'B' AND LOT 9, BLOCK 406, SEBASTIAN HIGHLANDS UNIT #7 AS RECORDED
IN'PLAT BOOK 6, PAGE 6 PUBLIC RECORDS OF INDIAN RIVER COUNT~, FLORIDA.
.!
U(
CER?IFICAllON: /.ROD REED, HER~-~Y CER~r"Y ~AT ?~fE SURVEY ~OWN HEREON
WAS PERFORA4~-D ~o-,?-~ AND SAZD SUR~'Y M~mETS ~tE MINIMUM IEC~NiCA~
TEL L ER, A~ OL ER & .R. .EED
PROFESSIONAL LAND SURVEYORS
POST OFFICE BOX 1045
SEBAS1]AN, FLORIDA 32958
PHONE 589-4810
//VC.
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Veto Beach, Florida 32960
Telephone: (407) 567.8000
August 3, 1989
CITY OF SEBASTIAN
P O BOX 780127
SEBASTIAN, FL 32978-0127
Suncom Telephone: 224-1011
RECEIVED
SUBJECT:
NORTH COUNTY SEWER PROJECT - NO. US87-25-SC
EASEMENTS FOR SEWER PIPE INSTALLATION
PROPERTY I.D. 17 31 39 00002 4060 00009.0
PROPERTY I.D. 17 31 39 00002 0002 00000.0
Dear Property Owner:
As you are probably aware, Indian River County is in the process of
installing sewers in your area. In order to be able to do this, it
is necessary for the County to obtain permission from the property
owners along the proposed route to put the sewer pipe in the ground.
Therefore, it is requested that each property owner sign an easement
document for the sewer installation.
The project is now in final design and we must have all easements
executed as soon as possible. Please advise if you cannot or do
not intend to execute the easement, so that we can review and
change any line locations around your property as required.
We ask that you please execute the enclosed documents at your
earliest convenience and thank you for your cooperation in this
matter.
You will be contacted shortly to arrange a personal meeting, if
desired, to answer any questions you may have. It would be very
helpful if you would please let us know when and where it would be
best to reach you. You may telephone this office any weekday from
8:30 a.m. until 5:00 p.m. at (407) 567-8000, extension 404.
Sincerely,
~rnestine W. Williams
Manager of Project Administration
Department of Utility Services
EWW:h
Enclosures: Easement Documents w/sketch
(HEASNOCO.EWW) SEBASTIAN CITY-SEA #113 & 140
City of Sebastian
POST OFFICE BOX 780127 El SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407~589-5570
August 25, 1989
MS. Ernestine W. Williams
Manager of Project Administration
Department of Utility Services
Board of County Commissioners
1840 25th Street
Veto Beach, Florida 32960
Re: North County Sewer Project No. US 87-25-SC
Dear ~ :C~O~'
Tn accordance with your letter of August 3, 1989, attached
herewith is the fully executed Grant of Easement in
connection with the above captioned project.
"'~ath;y~ M. O'Halloran, CMC/AAE
City Clerk
KMO'H/elc
Enclosures
CODE ENFORCEMENT ROARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
IN THE {,lATTER aFro
CASE NO. 90-3916
LEONARD GALBRAITII
381 P~nv. Style+.
S~bast.~an, FL 32958
LEGAL DESCRIPTION: Lot Block 24 SEBASTIAN RIGRLANDS UNIT 1
ORDER FINDING VIOLATION
THIS CAUSE or~g~na])y cam~ to be heard after du~ Not.~c~ to
the Evspondent aL a v.{,o]at.~on hearing conducte, d by th~ Cod~
Enforcement Board of the C~ty of S~bastian oD 7/~9/~99D. Th~
Board after having h~ard t~st.~mo.y under oaf. h, ~ec~]ved ~v]d~nce
and heard a~:gum~nt of couns~:) or ~:~spondent, If any, tb~]:eupon
~ssu~s its F~nd~.g of Fact, ConcJus~on of Law and Or'dot as
follows;
The Board
FINDINGS OF FACT
GaJbraJth }mad park~.d on o~v~ra] occauJon~ a r~cr~atJ, onaJ
forward of tb~ set back ] into .
CONCLUSIONS OF LAW
The Cod~ Enforc~ment Board coPcJudes that abov~-r~.ferenc~d
{nd{v.{dua] was {. v]o3at{on of S~ctio. 20A. Chapter 5.16 (c)(4)
County,
ORDER
$ . Based upon th~ for~go.{ng F]ndJng of Facts, CoDc]us~om
r~occul?~Dc~ sllouJO occur th~ maximum f.{n~ shou]d b~
2. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE iNSPECTOR
Robert NRcho] so., WHO SShLL DIRECT AN INSPECTION OF
THE PROPERTY AND NOTIFY TNE CODE ENFORCEMENT BOARD AS TO
CORRECTION OF THE VIOLATION.
3. If R~spopd~nt causes a r~occurrence of the
t],.{s Board shaJ] r~conven~ in the CounciJ chambers to
further evtd~nc~ on the Issue of comp]l&nce and to impose a fine
of up to tile max.imum amount of $500.00 p~r day for ~acll day t_lla
v~oJat,to~ co~t.tnue~ beyond *he compliance date. In the event of
a ~t~re vioJation o~ tllt~ order after the afo~ementlol~eO date,
which the Board wl]] review the evidence a~d lmpo~e the fi~e
provided herein if said vloJatio~ is deter~n.i~ed *.o have again
occurred .
4 . TAKE NOTICE THAT ANY FINE IMPOSED BY TUIS BOARD AGAINST
YOU CONSTITUTES A LIEN AGAINST Tile REAL PROPERTY UPON WHICH TIlE
ViOLATiON EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, THEN AGAINST
ANY REAL OR PERSONAL PROPERTY WSICB YOU DO OWN. YOUR CONTiNUE~
NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUOICIAL SALE, AND LOSS
OF YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YO~ ARE UNABLE TO
COMPLY WITHIN TUE STATED TIME, PLEASE NOT1FY TNE CODE iNSPECTOR
IMMEDIATELY.
DONE AND ORDERED tDis
session at tl~e Coun¢t]
FJorida.
/$/ day o f ,..~ ~___~'~/~._, {990, .in open
Chamber, 1225 Main Str~.et, Sebastian,
Code Enfo~cem~:nt Board
Nu~¢ Pro Tung
ATTEST
City of Sebastiatt
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (40;') 589-5330
FAX 407-589-5570
SUBJECT:
Recommendation of George Metcalf to
the Code Enforcement Board
Approved For Submit%al By:
Ci%y Manager
Agenda No.
Dept. Origin
Date Submik[ed
For Age~da Of
Exhibi ts:
Application of George Metcalf
Code Enforcement (BC)L;~.~
8-16-90
8-22-90
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At the Code Enforcement Board meeting dated August 15, 1990, a motion was
approved to accept Mr. George Melcalf's application for the Engineer Position
on the Code Enforcement Board for a term of 3 years which will expire 8/93.
RECOMMENDED ACTION
Review application of Mr. George Metcalf to be appointed to the Code Enforcement
Board, Engineer Position, for ate. rm of 3 years, expiring 8/93.
SEBASTIAN
POLICE
Post OIllce Box 780127
Sebasllan, FL 32978-0127
(407) 589-5233
HBHO
D~Ee
'lo
Fl:can --
Subjec:t :
April 2, 1990
Kathryn M. O'Halloran, City Clerk
Lt. David J. Puscher
Background Investigation ~ George N. Metcalf
We have most recently completed a background investigation on George N.
Hetcalf and I feel another investigation on this applicant would be a
waste of time and money.
I am confident that the city could rely on the findings of the prior
report.
DJP/jh
CiTY OF SF-SASTIAN
APPLICATION FOR ~OAR~
Board Applied ~or: Planning & Zoning
Name: George N. Metcalf
Date of Birth: 17 March 1918
Social Security Number:
Sex: Male
Note: Each question must be completely answered. If additional
space is required, please attach additional sheet(s) and clearly
identify the question to which you are responding.
List all residential addresses for the past ten years, beginning
with your present ad'dress and working back in reverse
chronological order. Please include your present residential
telephone number.
Present Street Address:
Sebastian,Florida
425 Pine Street
Telephone:
Present Mailing Address (if different):
~U9=/4'b9 ....
Street Address: ~45 20th Avenue
V~ro'Beach",F16ri'da' ' '
Street Address:
Street Address:
Are you a registered voter in the City of Sebastian?
Are you a registered voter in Indian River County?
yes
Education
High School:
Address:
Lane Technicel High School.
Chic auo. IlliDois
Date of Graduation: June 1936
College/University: University of I1].inois
Address: . .- .. Ch~mpaiqn-Urba~!a, Illinois
Major: ~ivl1 engineering Dates Attended: August ~9482i950
Degree Received: withdrawn for convenience of 'OSAF '-
College/University: Florida State University
Address: Tallahassee, orl a
Major: _i/~~_qnal Relatlon~at"----------es Attended: 1,.semester ~
Degree Received: Batchelor of Acience
College/Un~verslty: Oklahoma State University
Address: ~]]~r.. OK
Major: Industrial E~qinee~ingDates Attended:
Degree Received: _~_~_ster of Science
~xuqust ~58-June 1959
Employment
List all employment activity for the past ten Years, beginning
with your present position and working back in reverse
chronological order. Please include the telephone number where
you can be contacted during business hours.
Present Occupation:
Employer:
Mailing Address:
Date of Employment:
Occupation:
Employer:
I am.$retired. My past work experience is best
summarized i;l the attac~ed resume.
Phone:
Mailing Address:
Dates of Employment:
Occupation:
Employer:
Mailing Address:
Date of Employment:
Phone:
Describe in detail all of your business or military experience
which you believe is particularly applicable to the position you
are seeking.
SEE ATTACHED RESUME
Please list all Professional licenses which you hold {contractor,
accountant, etc.)
~/, ~; ~
Name of License: . ~vL,~
Issuing Authority:
Date of Issuance: Date of Expiration:
2
Name of License:
Issuing Authority~
Date of issuance:
Date of
Expiration:
Please list the names of all relatives who are presently employed
by the City of Sebastian; serving on an appointed Board of the
City of Sebastian; or who are Members of the City Council.
Have you ever been convicted of a felony or a misdemeanor
involving theft or dishonesty? NO
If yes, please indicate charge, name of adjudicating court, date
of adjudication, and sentence.
References
Please identify two persons who can provide information as to
your reputation in the community.
Name: Richard O. Lambert
Street Address: 300 Fe esmer .
Mailing Address ~ ~
Residence Telephone: 654-3557'' B P-,Oj BO.X 380187,Seba§~2978
us~ness TelePh6ne: '~8928;u~ "
Name ·
· - h Lesa e
Street Address:
7------~~!34th st. Se astlan,F .
Mailing Address (if ~~
Residence Telephone:58~9-6255 -BUsineSs'TelePhone: ~q,qTQ~
In the event that you are applying to serve on the Construction
Control Board or the Code Enforcement Board, you must identify
two individuals, other than present or past employers, who can
provide information concerning your reputation in the business
community.
Name:
Street Addres-~-.-
Mailing Address ( f d fferent):
Business Telephone:
Name:
S
treet Address~
Mailing Address
(if different):
Residence Telephones
Busin~s~ Teie~h6n~:
3
Please provide a brief statement as to why you are seeking this
appointment.
i feel that m__~education, past experience and knowledge of the area
w__~_.l__~d b__e_e ~ a~dvant~ t_~o t e annlng on ~___. .
~~tired_ !.hay? ~-~e--~e '~ted i
care of the Cit~. ea n
I acknowledge that I have read
Constitution and Laws of the State
general qualifications for and responsibilities of
official, including the following specific provisions:
Florida Constitution
Article Ii, Section 5a - Dual Office Holding
Article II, Section 8 - Code of Ethics
Article VI, Section 4 - Disqualification for Felony
Conviction
Florida Statutes (1987)
Section 116.111 - Nepotism
Section 112.311 - Legislative Intent and Declaration of
Policy Concerning Code of Ethics
Section 112.312 - Definitions Concerning Code of Ethics
Section 112.313 -'Standards of Conduct for Public Officers
and Employees of Agencies
Section 112.3141 - Additional Standards of Conduct for
Public Officers
Section 112.3143 - Voting Conflicts
Section 112.3144 - Full and pUblic Disclosure of Financial
Interests
Section 112.3145 - Disclosure of Financial Interests and
Clients Represented Before Agencies
Section 112.3146 - Public Records
Section 112.3147 - Forms
Section 112.3151 - Extensions of Time for Filing Disclosure
Section 112.317 - Penalties for Violation of Code of Ethics
Section 286.012 - Voting Requirements During Meetings of
PUblic Bodies
I hereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
city of Sebastian to investigate the truthfulness of all
information which I have provided in this application, i
understand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
the relevant sections of the
of Florida pertaining to the
a public
I understand that the City Council of the City of Sebastian may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,
indicted or
misdemeanor.
incompetence, or permanent inability to perform his official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
informed against for the commission of any felony or
SWORN TO AND SUBSCRIBED before me this ~ day of
"Nota~Y F~biic, State of ~iorida
My Commission Expires:
My C~'.mb~i~, Expires ~c. 10, 199~
Resume
George N, Melcalf
Personal Data:
Age - 71, native born U.S. Citizen
Married - one child
Holds current FAA Commercial Pilot License - Airplane Single and Multi Engine
Land- Instrument
£ducallon~
Graduated 1943, Lane Technical High School, Chicago, Illinois. Attended
undergraduate courses in business law and accounting, Northwestern
University, Chicago.
Completed pilot training 1943, Craig Field, Selma Alabama. Completed
statistical control officers course 1947, Lowry Air Force Base, Denver,
Colorado.
3 years plus., undergraduate civil engineering, 1948-1950.. University of
Illinois. Batchelor of Science Degree, Florida State University, 195~. Masl. er
of Science Degree, Industrial Engineering, Oklahoma State University, 1959.
Completed U.S. strategic intelligence course, Wasington D.C., 1962. Completed
Air War college associate course seminars, 1963.
Attended
Columbia
Associati
Attended
Florida, 1
undergraduate courses In travel administration and photography,
College, 1979-1980. Attended the International City Managers
on/National League of Cities workshops, Washington D.C. 1987.
the Legislative Workshop of the Florida League of Cities, Tallahassee,
987.
Attended'the "nuts & bolts" workshops of Growth Management Act, Tampa,
Florida, 1988. Attended the annual meeting workshops of the Marine Resources
Council, 1988 & 1989.
~xperlence Summaryl
Includes major responsibilities for the management of Special Projects. Co-
ordinated efforts of intra and international organizations. Has accepted these
responsibilities and performed to the highest ethical standards required of
anyone managing Public Funds.
CHRONOLOGICAL LISTli~G OF POSITIONS HELl) AND SIGNIFICANT EXPERIENCE:
I~_~87- 198'9.-City Councilman- City of Sebastian, Florida
Althougll ill the rnir~ority of tt~e I-:ounc:il m.lring the first of a two year terrn.,
~.,::complishme nts that year included obtai ni ng a Council/Manager form o f
Government for the City. Assistir~g with ttlis effort were fellow
Counci!rnen Vallone and Roth, the ICMA and tile F!ori~la League of Cities.
During the second ye~r of tile terrn., major accornplishments included
establistling selection procedures and practices for hiring and procurement
of services consistent wittl !._~overnmental org~nizations for the State of
Florida_ Ordir~an¢:es were obtained to control sandmining operations in tile
City and the Airport Master PLan ',,,',,,'as forwarded to the FAA. Overall, a good
rapport was establistle~t wi tt~ the i ntergovernrnental Agencies.
/984 - 198,? Served oil tt~e Airport Advisory Board beginning as an
alternate mernber and was Vi ce-Ci~airnlan when elected to City Council
office. Helped establistl the/~irport Master Plan am1 attended meetings in
Orlando where tile Study Contract was given tile "autt~ority to proceed".
I986.. Unsuccessful attempt was made in a race to become Mayor of
Sebastian, Florida.
1964 - /~70.' Department Manager in the advanced product planning
division of McDonnell Aircraft Company which later merged with tile
Douglas Aircraft Company Reported directly to tile Vice-President of the
division and contributed valuable input to Corporate Policy decisions.
Troveled extensively within the Corporate Community, Research
Laboratories and Governmental Agencies. Established Sound inter-agency
relationships.
1961 - 1964.' Assigned duty as Assistant Deputy/Foreign Technology.,
ASD. Responsible for tile organization, planning and implementation of a
new concept of Technical intellingence within the/~eronautical '.S~ystems
Division, AFSC. Management responsibilities included general technical
direction for twenty one engineers directly ~ngaged in the acquisition of
world-wide researctl data, tile tectlnical analysis of acquired information
and tt~e dissemination of such data to appropriate scientific and other
personnel within the ASD. Duties also inctudecI monitoring the application
of foreign tect~nology information to/~SD R&D efforts, foreign and
~1omestic, tt~at related to all areas in the AFSC Applie~t Reasearch program
of USAF weapon system proposed or in development. Performed technical
analysis task~:; frequently and was project rnanager for one sensitive ASFC
contract.
/_q59 - l..q6l: Asslgned duty as Systems Projects Officer, F-108 SPO, W-
PAFB. Upon cancellation of the F-108 project, was reassigned to the IM-99B
{BOMARC) Systems Project Office. Duties consisted of six months as Chief -
Test Branch, and one year as Chief - Activation Branch. Specifically
responsible for the planning and implementation of the IM-99NB R&D test
program.
As Chief of the Missile Branch, duties included heading the contractor/USAF
Accident Investigation Team. Reports from investigations were utilized by
Flight Safety Research to develop procedures and techniques for investigating
IM-99 accidents. Directly responsible for correction of deficiencies in weapon
systems noted during investigations. Given full authority for any action
deemed necessary to insure that IM-99B missile sites were activated in
accordance with scheduled lOC dates.
I958 - 1959: Completed requirements and awarded the MS Degree in
Industrial Engineering at Oklahoma State University, Stillwater, Oklahoma.
1952 - 1958.- Assigned Air Proving Ground Command~ Elgin AFB, Duties
Included four years as Test Operations Officer and was directly responsible for
test planning, coordination and implementation of operational suitability test
programs. Held scheduling and operational control authority of the APGC human
and material test resources.
During this time, initiative was taken to write the original Operations Plan and
Ops. Order for the first "USAF Fire Power Demonstration." Was directly
responsible for the implementation of this order as well. Those same
responsibilities also covered twenty-two USAF air shows. Assignment at APGC
Included two years of duty as the USAF officer responible for conduct of the
USAF Air Crew Indoctrination Program.
Requirements for a B$ Degree under the "Bootstrap" program at Florida State
University, Tallahassee, Florida were completed while assigned to the APGC.
/951: Reassigned to Japan as Deputy Group Commander and subsequent duty as
Commander, 40th Fighter interceptor Squadron.
/950 - 1951.' Completed combat tour by flying with the I~OKAF prior to
assignment of an official advisory group to the ROKAF. Was solely responsible
for the flight and combat training of the initial twenty-five I~OKAF pilots. This
tour included duty as base commander.
3
1946 - 1948.' Assigned to the Air Training Command. Duties included
Instructor pilot of foreign students and I~&D officer. A.~ ~uch, re.~ponsible for
development and procurement of an interim pilot°s crash helmet and for the
development of a towed target technique. Additionally, made significant
contributions to the Fighter Gunnery Manual and to planning of the Fighter
School at Nellis AFB,
Nevada.
194,,1' - 194~..' Fighter pilot, Pacific Theater.
I942 - 1943.' Aviation Cadet.
I~l~llllenal
The following comment~ regarding personality traits and professional
capabilities were extracted from performance ratings prepared by military
superiors: "A superior manager who consistently demonstrates his ability to
secure the willing cooperation of p~ople. His pleasing personality, unobtrusive
manner, academic and military experience, along with his demonstrated high
standard of I~ersonal performance, are the basis of his exceptional leadership
ability. I-te ts willing and capable of making decisions based on sound
engineering logic and readily accepts responsibility for such decisions. I-le
willingly accepts tasks and is both energetic and tireless in bis actions to
accomplish those tasks in a timely and effective manner."
4
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
Approved For Submittal By:
City Manager
Golf Course )
Restaurant Requests )
for Proposals -- )
)
Rank Ordering of )
Proposals )
)
)
)
)
)
)
)
)
)
Agenda No.
Dept. origin city Manager's
~/_.~ office
'"~//~ ~r~ne Townsend
Date Submitted 8/15/90
For Agenda Of 8/22/90
Exhibits
6 Proposals
Financial Analysis
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
In May, the city Council approved the staff's recommended Request
for Proposals ("RFP") to contract-out the Golf Course restaurant.
The staff issued the RFP, and no proposals were received. In
July, the city Council directed the staff to remove all
conditions and re-issue the RFP. This was done, and six
proposals were received by the August 6th deadline. (Copies of
the proposals are attached for your convenience.)
The six proposals were evaluated by a committee composed of the
city Manager, Golf Pro/Manager, Assistant city Manager, and
Assistant Finance Director. The proposals were rank-ordered as
follows:
(1) Dennis R. Fink/Theresa L. Fink
(2) Patricia A. Cannon
(3) Ernest Turco dba Seaburger Restaurant-Snack Bar
- 2 -
Dennis R. Fink/Theresa L. Fink
A variety of factors -- outlined below -- led the Review
Committee to rank the Finks' proposal first.
- the restaurant would open one-half hour before the first
tee time and close no earlier than 1 hour after the course closed
- food services would be available for special events
- a hospitality cart would be initiated
- consideration would be given to hiring current employees
- the City would retain its current Club Liq~.or License (The
Bureau of Alcohol and Tobacco has confirmed this is acceptable.)
- the Proposer would pay the City 10% of liquor receipts
plus base rent of $2,400 annually along with 60% of the clubhouse
electricity
- the Proposer would ~ay a proportionate share of the
monthly charge for sewer service
- the Proposer would record all sales on a cash register
which would be read daily by the Golf Course Manager
- the Proposer would provide Workers' Compensation, General
Liability, Contractual Liability, and Liquor Liability insurance
and name the City as an additional insured
- the Proposer would be responsible for cleaning,
maintenance, trash removal, and extermination
- the City would maintain final approval on: interior
furnishings, additional parking, menu, prices, staff,
renovations, and entertainment
The back-up material contains an analysis of the restaurant's
revenues and expenditures for the years ending September 30,
1988, 1989, and June 30, 1990. Based upon the Finks' proposal,
the City would realize a $12,200 profit.
RECO~.~NDED ACTION
Motion to approve the staff's rank-ordering and to direct the
staff to begin lease negotiations with the first firm.
GOLF COURSE RESTAURANT
REQUEST FOR PROPOSAL
FINANCIAL ANALYSIS
Food Sales
Beverage Sales-Alcohol
Beverage Sales-Non-
Alcohol
Total Revenue
Expenditures
C/G/S - Food
C/G/S - Beverage
Total C/G/S
12 MO. 12 MO. 12 MO.
9/30/88 9/30/89 6/30/90
ESTIMATE
9/30/90
23,533 28,622 26,731 27,777
47,632 61,270 66,165 68,235
24,325 29,274 31,833 32,719
95,490 119,166 124,729 128,731
17,797 23,624 24,253 25,644
30,261 40,338 43,143 42,745
48,058 63,962 67,396 68,389
Gross Profit
O & M Expense
Operating Profit
(Loss)
47,432 55,204 57,333 60,342
39,640 39,348 45,321 46,365
7,792 $ 15,856
$ 12,012 $13,977
Fink Proposal
(2,400 + 10% Bar)
Cannon Proposal
(7% gross sales)
7,163 8,527 9,017 9,224
6,684 8,342 8,731 9,011
Electrical Costs
Fink - 60%
Cannon
19,324 18,513
11,594 11,108
Subject to Negotiations
18,870
11,322
18,917
11,350
PROPOSAL FOR:
FOOD SERVICE CONCESSION FOR
CiTY OF SEBASTIAN MUNICIPAL GOLF COURSE
I. IT IS THE INTENT OF THE PROPOSER THAT A FOOD SERVICE
OPERATION BE MADE AVAILABLE WITHIN THE CLUBHOUSE FACILITY
AND A SNACK BAR LOCATED AT THE NINTH HOLE ON THE GROUNDS OF
THE SEBASTIAN MUNICIPAL GOLF COURSE. IT IS THE FURTHER
INTENT OF THE PROPOSER THAT THE FOOD SERVICE OPERATION
FEATURE A MENU APPROPRIATE FOR THE CLIENTELE USING THE
FACILITYJ FOOD AND REFRESHMENTS FOR THE BETTER
ACCOMMONDATIONJ CONVENIENCE AND WELFARE OF THE GENERAL
PUBLIC USING SAiD FACILITY. THE PROPOSER SHALL SELL, ON THE
CONCESSION SITE, FOOD~ BEVERAGES~ INCLUDING DRINKS~
FERMENTED MALT BEVERAGES~ VINOUS BEVERAGES~ ICE CREAM~
TOBACCO PRODUCTS~ OTHER SUCH REFRESHMENTS~ AND RELATED
SUNDRY ITEMS. VENDING MACHINES WOULD BE PROVIDED AND
MAINTAINED.
II. THE PROPOSER AGREES TO PROVIDE FOR THE PUBLIC~ AT THE
CONCESSION SITE~ FOOD DRINK AND SERVICE OF A HIGH STANDARD~
EQUIVALENT IN QUALITY AND PRICE TO THAT GENERALLY FURNISHED
TO THE PUBLIC AT SIMILAR PLACES OF COMPARABLE SIZE AND SCOPE
IN THE CITY AND SURROUNDING AREAS. PRICES OF ALL
MERCHANDISE SOLD WILL BE POSTED IN A CONSPICUOUS PLACE AT
THE CONCESSION SITE.
THE PROPOSER SHALL POST A CONSPICUOUS NOTICE AT A LOCATION
IN THE CONCESSION AREA~ IN PLAIN VIEW OF THE PUBLIC~ THAT
INDENTIFIES PROPOSER AS THE OWNER AND OPERATOR OF THE
CONCESSION. AN IDENTICAL NOTICE WILL BE INCLUDED ON THE
MENU.
III. CONCESSION SERVICES SHALL OPERATE SEVEN DAYS A WEEK,
INCLUDING ALL HOLIDAYS DURING THE NORMAL HOURS OF OPERATION
OF THE GOLF COURSE. IT WILL BE OPEN 1/2 HOUR PRIOR TO THE
FIRST TEE TIME, AND CLOSE NO EARLIER THAN I HOUR AFTER THE
COURSE IS CLOSED. FOOD SERVICES WILL BE AVAILABLE FOR
TOURNAMENTSJ SPECIAL EVENTS AND MEETINGS. A HOSPITALITY
CART WOULD BE PROVIDED DURING TIMES THE PROPOSER AND GOLF
MANAGER DEEM APPROPRIATE.
IV. THe PROPOSER SHALL OPERATE THE CONCESSION FACILITIES IN
A BUSINESS-LIKE MANNER APPROPRIATE TO THE IMAGE OF A GOLF
COURSE OPEATION. CONCESSION OPERATIONS SHALL BE CONDUCTED
I~ AN ORDERLY MANNER~ WITHOUT UNNECESSARY DISRUPTION TO GOLF
COURSE OPERATIONS. THE PROPOSER WILL CONTROL AND CORRECT
OBJECTIONABLE CONDUCT, DEMEANOR~ AND APPEARANCE OF ITS
EMPLOYEES AS REQUIRED BY THE CITY. THE PROPOSER WILL BE
AVAILABLE DURING HOURS OF OPERATION AND ACT AS MANAGER. IF
FOR SOME REASON THE PROPOSER IS ABSENT~ A FACILITY MANAGER
WOULD BE DESIGNATED.
V. SUFFICIENT ATTENDANTS WILL BE AVAILABLE TO PROVIDE
OUTSTANDING SERVICE. THE PROPOSER SHALL BEAR ALL
RESPONSIBILITY FOR THE CONTINUOUS STAFFING OF THE
CONCESSIONS FACILITY. ALL STATE AND LOCAL REGULATIONS
PERTAINING TO FOOD SERVICE PERSONNEL MUST BE ADHERED TO.
THE PROPOSER MUST ASSURE APPROPRIATE DRESS OF ALL STAFF AND
WILL ADHERE TO A UNIFORM CODE.
LABOR RELATIONS~ INCLUDING HIRING AND FiRINGJ WILL BE
THE EXCLUSIVE DUTY AND RIGHT OF THE PROPOSER. THE CITY
SHALL, HOWEVERJ RESERVE THE RIGHT TO REVIEW EMPLOYEES AND
REQUIRE THE REPLACEMENT OF THOSE WHO ARE ABUSIVE, UNDER THE
INFLUENCE. OF OR HABITUAL USERS OF ALCOHOL OR DRUGS~
AFFLICTED BY DISEASES~ OR WHOSE CONDUCT OR APPEARANCE
OTHERWISE DETRACTS FROM THE FACILITY'S REPUTATION AND
PROFiTABLITY.
THE PROPOSER AGREES TO GIVE CONSIDERATION TO HIRING THE
FACILITY'S THREE CURRENT EMPLOYEES: ONE BARTENDER AND TWO
WAITRESS/UTILITY PERSONS.
VI. THE PROPOSER ACKNOWLEDGES THAT THE CITY MAKES NO
GUARANTEE OF PROFITABILITY FOR THIS OPERATION AND ALL
EXPENSES AND LOSSES ARE TO BE BORNE EXCLUSIVELY BY THE
PROPOSER.
THE PROPOSER SHALL BE RESPONSIBLE FOR SECURING THE
NECESSARY PERMITS AND LICENSES FOR THE OPERATION OF THE FOOD
CONCESSION.
VII. AFTER CONSULTING WiTH THE DIVISION OF ALCOHOL AND
TOBACCO IN TALLAHASSE, AND THE INDIAN RIVER COUNTY DISTRICT
OFFICE, THE PROPOSER WAS ADVISED TO ENTER INTO A MANAGEMENT
AGREEMENT WITH THE CITY AND USE THE PRESENT CLUB LICENSE.
IN ADDITION A 11CX LICENSE SHOULD BE SECURED TO ALLOW THE
USE OF HOSPITALITY CARTS. THE PRESENT COST OF THESE
LICENSES ARE Sq35/YR. AND $100/YR. RESPECTIVELY. THE
PROPOSER WOULD PAY ALL COST OF THE LICENSES. THE PROPOSER
WOULD ALSO PAY ALL INSURANCE COSTS ASSOCIATED WITH THE
LICENSES. UNDER THIS AGREEMENT ALCOHOL COULD BE ORDERED AND
PAID FOR DIRECTLY BY THE PROPOSER.
IN CONSIDERATION~ THE PROPOSER WOULD PAY lO~ OF THE
BEER, WINE, AND LIQUOR GROSS RECEIPTS (SALES LESS APPLICABLE
TAX) TO THE CITY. THIS WOULD BE IN ADDITION TO A BASE RENT
AS DESCRIBED IN SECTION VIII.
THE REASONS FOR THIS MANAGEMENT AGREEMENT FOR THE llC
AND llCX LICENSES ARE TWOFOLD: FIRST, CLUB LICENSES ARE
LIMITED, AND SHOULD THE INDEPENDENT CONTRACTOR CEASE
OPERATIONS~ A CLUB LICENSE MAY NOT BE AVAILABLE FOR THE
CITY. SECOND, WITHOUT AN llCX LICENSEJ WHICH IS ONLY
ALLOWED WITH A CLUB LICENSE, HOSPITALITY CARTS ~ FUNCTIONS
OUTSIDE THE CLUBHOUSE, IN WHICH ALCOHOL IS PROVIDED WOULD
THE PROPOSER SHALL SUBMIT TO THE GOLF COURSE BUSINESS
MANAGER A WEEKLY SALES REPORT DETAILING REVENUES REALIZED
FROM THE SALE OF BEER, WINE', AND LIQUOR.
ON OR BEFORE THE TENTH DAY FOLLOWING THE END OF EACH
CALENDAR MONTH THROUGHOUT THE TERM OF THE CONTRACTJ PROPOSER
SHALL FURNISH TO THE CITY'S FINANCE DEPARTMENT AND GOLF
COURSE BUSINESS MANAGER, A REPORT OF "GRoss BEER, WINE, AND
LIQUOR RECEIPTS" EARNED DURING THE PRECEDING CALENDAR MONTH,
ON FORMS APPROVED BY THE CITY. THE REPORT SHALL BE SIGNED
BY THE PROPOSER, CERTIFYING TO THE ACCURACY OF SUCH "GROSS
RECEIPTS." MONTHLY "GRoss RECEIPTS" PERCENTAGE FEE DUE
SHALL BE PAID WITH THE SUBMISSION OF THE REPORT.
THE.PROPOSER WILL SUBMIT TO THE CITY'S FINANCE
DEPARTMENT, A QUARTERLY FINANCIAL REPORT DETAILING THE BEER
WINE, AND LIQUOR PURCHASES AND SALES. IT WILL BE PREPARED
BY A CERTIFIED PUBLIC ACCOUNTANT. THE PROPOSER WILL ALLOW,
AT ANY TIME, AND AT THE CITY'S EXPENSE, A CERTIFIED REPORT
PREPARED AND CERTIFIED BY AN INDEPENDENT CERTIFIED PUBLIC
ACCOUNTANT, AS TO THE CORRECT "GRoss LIQUOR RECEIPTS" PER
MONTH ARISING FROM SAID OPERATION; PREPARED IN CONFORMANCE
WITH THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANT'S
REQUIREMENTS FOR "SPECIAL REPORTS." If A MAJOR DISCREPANCY
IS FOUND, THE PROPOSER WILL PAY ALL COSTS ASSOCIATED WITH
THE REPORT. THE PROPOSER ALSO REALIZES THE CITY'S RIGHT TO
TERMINATE THE CONTRACT SHOULD SUCH AN INFRACTION OCCUR.
XII. THE PROPOSER SHALL BE LIABLE FOR THE PREVAILING SALES
AND USE TAX IMPOSED ON RENT FOR AMOUNTS PAYABLE TO THE CITY
UNDER THE CONTRACT. THIS SALES AND USE TAX SHALL BE PAYABLE
TO THE CITY.
THE PROPOSER SHALL PAY PROMPTLY ALL TAXES, EXCISE OR
LICENSE FEES OF WHATEVER NATUREJ APPLICABLE TO THIS
OPERATION, AND TAKE OUT AND KEEP ALL LICENSES, MUNICIPAL,
STATE OR FEDERAL, REQUIRED FOR THE CONDUCT OF THE BUSINESS,
AND FURTHER, SHALL NOT PERMIT ANY OF SAID TAXES, EXCISE OR
LICENSE FEES TO BECOME DELItJCL.'£NT.
THE PROPOSER ALSO SHALL NOT PERMIT ANY MECHANIC'S OR
MATERIALMAN'S OR ANY OTHER LIEN TO BE IMPOSED UPON THE
PROPERTY HEREINABOVE DESCRIBED OR ANY PART OR PARCEL THEREOF
BY REASON OF ANY WORK OR LABOR PERFORMED, OR MATERIALS
FURNISHED BY A MECHANIC OR MATERIALMAN TO SAID CONCESSION OR
UPON OR REGARDING SAID PROPERTY OR SAID CONCESSION HEREIN
GRANTED. THE PROPOSER SHALL MAKE AVAILABLE~ UPON REQUEST,
DUPLICATE RECEIPTS OR OTHER SATISFACTORY EVIDENCE SHOWING
THE PROMPT PAYMENT OF THE SOCIAL SECURITY, UNEMPLOYMENT
COMPENSATION AND ALL TAXES AND FEES ABOVE REFERRED TO, AND
SHOWING THAT THE SAiD WORKMEN'S COMPENSATION INSURANCE AND
ALL REQUIRED LICENSES ARE IN GOOD STANDING.
THE PROPOSER SHALL PAY PROMPTLY WHEN DUE ALL BILLS,
DEBTS AND OBLIGATIONS INCURRED IN CONNECTION WITH THE
OPERATION OF THE CONCESSION AND SHALL NOT PERMIT SAME TO
BECOME DELINQUENT AND SUFFER NO LIEN, MORTGAGE~ JUDGMENT,
EXECUTION OR ADJUDICATION IN BANKRUPTCY WHICH WILL IN ANY
WAY IMPAIR THE RIGHTS OF THE CITY UNDER THiS AGREEMENT.
XIII. THE CITY RESERVES THE RIGHT, FROM TIME TO TIME, AT
ITS OWN EXPENSE AND BY ITS OFFICERS, AGENTS AND CONTRACTORS,
TO MAKE SUCH RENOVATIONS, REPAIRS AND CHANGES IN AND ABOUT
THE PREMISES, OTHER THAN THOSE HEREIN PROVIDED FOR THE
PROPOSER TO DO, AS THE CITY DEEMS DESIRABLE, INCLUDING
RENOVATION/REPLACEMENT OF THE EXISTING PREMISES WITH A NEW
GOLF COURSE CLUBHOUSE. IN SUCH EVENT, THE PROPOSER AGREES
TO MAKE NO CLAIM AGAINST THE CITY, ITS OFFICERS, AGENTS AND
CONTRACTORS, FOR INTERFERENCE WITHJ LOSS OR DAMAGE TO THE
BUSINESS DURING SUCH RENOVATIONS, REPAIRS AND CHANGES;
PROVIDED, HOWEVER, THAT PAYMENT OF COMPENSATION BY PROPOSER
SHALL BE ABATED FOR ANY PERIOD DURING WHICH THE PROPOSER
PREVENTED FROM CONDUCTING ITS BUSINESS DUE TO SUCH
RENOVATIONSJ REPAIRS, AND CHANGES.
THE PROPOSER SHALL HAVE THE RIGHT TO IMPROVE THE
FACILITIES IN A PROPER AND PLEASING DECOR, SUBJECT TO THE
APPROVAL OF THE CITY MANAGER OR HIS DESIGNEE. ALL SUCH
IMPROVEMENTS SHALL MEET ALL APPLICABLE CODES AND SHALL BE
PAID FOR AND ERECTED BY THE PROPOSER.
XIV. SINCE THE PROPOSER RECOGNIZES THE CITY'S RIGHT TO
RENOVATE OR REPLACE THE EXISTING PREMISES, MAJOR REMODELING
OR EXPANSION WILL BE COORDINATED WITH THE CITY. THE PROPOSER
PLANS TO COSMETICALLY IMPROVE THE EXISTING FACILITIES.
AFTER THE COMPLETION OF THE SEWER CONNECTION, AND AFTER
APPROVAL AND COORDINATION WITH THE CITY, THE KITCHEN AREA
WOULD BE IMPROVED AND A SCREENED-IN SECTION WOULD BE ADDED
TO THE RESTAURANT AREA.
XV. GENERALLY, THE PROPOSER WILL PROVIDE WORKER'S
COMPENSATION INSURANCE FOR ALL CONCESSION STAFF AND MUST
DEFEND AND HOLD HARMLESS THE CITY FROM ANY CLAIMS AND
LAWSUITS RESULTING FROM INJURY TO OR ACTIONS OF THE
EMPLOYEES OF THE PROPOSER. SPECIFIC REQUIREMENTS ARE:
AT ANY TIME DURING THE PERIOD THAT THE PROPOSER HAS
PERSONNEL DOING WORK AND FURNISHING NECESSARY LABOR TO
COMPLETE A CONTRACT FOR THE CITY, THE CITY WILL BE FULLY
PROTECTED BY THE PROPOSER HAVING THE FOLLOWING:
1. WORKER'S COMPENSATION INSURANCE. THE PROPOSER
SHALL REQUIRE ANY AND ALL SUBCONTRACTORS SIMILARLY TO
PROVIDE WORKER'S COMPENSATION INSURANCE FOR ALL OF THE
LATTER'S EMPLOYEES WHO ARE ENGAGED IN SUCH WORK UNLESS SUCH
EMPLOYEES ARE COVERED BY THE PROTECTION AFFORDED BY THE
PROPOSER'S INSURANCE.
2. GENERAL LIABILITY INSURANCE WITH COMBINED
SINGLE LIMITS OF $1,000,000.00, TO INCLUDE PRODUCTS
COMPLETED OPERATIONS COVERAGEJ PREMISES LIABILITY,
CONTRACTUAL LIABILITY. AND PERSONAL LIABILITY. THE CITY OF
SEBASTIAN IS TO BE NAMED AS AN ADDITIONAL INSURED.
THE PROPOSER SHALL MAINTAIN THE FOLLOWING INSURANCE COVERAGE
DURING THE CONTRACT TERM:
1. WORKER'S COMPENSATION INSURANCE, AS REQUIRED BY
FLORIDA STATUTES;
2. GENERAL LIABILITY INSURANCE, ON A COMPREHENSIVE
BASIS, iNCLUDING PRODUCTS COMPLETED OPERATIONS LIABILITY, IN
AMOUNTS NOT LESS THAN $1 MILLION PER OCCURRENCE FOR BODILY
INJURY, AND NOT LESS THAN $1 MILLION FOR PROPERTY DAMAGE
PER OCCURRENCEJ
3. CONTRACTUAL LIABILITY INSURANCE, COVERING ALL
LIABILITY ARISING OUT OF THE TERMS OF THE CONTRALTI
4. LIQUOR LIABILITY INSURANCE, WITH A LIMIT OF $1
MILLION. THIS IS TO BE AN OCCURRENCE POLICY.
PROPOSER SHALL FURNISH CERTIFICATES OF INSURANCE AND COPIES
OF INSURANCE POLICIES TO THE CITY CLERK, 1225 MAIN STREET,
P.O. Box 780127, SEBASTIAN, FL. 32978,AT LEAST FIFTEEN DAYS
PRIOR TO COMMENCEMENT OF OPERATIONS~ AS APPLICABLE, AND
ANNUALLY THEREAFTER.
CERTIFICATES SHALL CLEARLY NAME THE CITY OF SEBASTIAN
AS ADDITIONAL iNSURED, AND SHALL CONTAIN A CLAUSE SPECIFYING
THAT THE INSURANCE CARRIER MUST ADVISE THE CITY IN WRITING
THIRTY (30) DAYS BEFORE CANCELLATION OF ANY COVERAGE.
SHOULD ANY OF THE REQUIRED INSURANCE POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE OR NONRENEWED, THE
ISSUING COMPANY WILL PROVIDE 30 DAY WRITTEN NOTICE TO THE
CERTIFICATE HOLDER (CITY OF SEBASTIAN).
THE CITY RESERVES THE RIGHT TO AN ANNUAL REVIEW AND
REVISION Of REQUIRED INSURANCE COVERAGES, HOWEVER, THESE
COVERAGES MUST NOT UNREASONABLE OR EXCESSIVE BY ACCEPTED
STANDARDS.
XVI. THE PROPOSER AGREES, INSOFAR AS IT LEGALLY MAY, TO
DEFEND, iNDEMNIFY AND HOLD HARMLESS THE CITY OF SEBASTIAN,
ITS OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL
LOSS, COSTS, EXPENSES, INCLUDING ATTORNEYS' FEES AT TRIAL
AND ALL APPELLATE LEVELS, CLAIMS, SUITS AND JUDGMENTS,
WHATSOEVER IN CONNECTION WITH INJURY TO OR DEATH OF ANY
PERSON OR PERSONS OR LOSS OF OR DAMAGE TO PROPERTY RESULTING
FROM ANY AND ALL OPERATIONS PERFORMED BY PROPOSER, ITS
OFFICERS, EMPLOYEES, AND AGENTS UNDER ANY OF THE TERMS OF
THIS CONTRACT AND RESULTING FROM ANY WATER PROVIDED TO
PROPOSER BY THE CITY.
XVII. UTILITIES
THe PROPOSER WILL PAY, ON A MONTHLY BASIS, 60% OF THE
ELECTRICITY. THE CITY WILL PROVIDE WATER, BUT NOT GUARANTEE
ITS QUALITY.
DURING THE TERM OF ANY RESULTING AGREEMENT, SHOULD INDIAN
RIVER COUNTY SEWER BECOME AVAILABLE AND THE CITY CONNECTS,
THE PROPOSER SHALL BE RESPONSIBLE FOR A PROPORTIONATE SHARE
OF THE MONTHLY SERVICE CHARGES, INCLUDING ALL TAXES AND
FRANCHISE FEES.
THE PROPOSER WILL ABIDE BY THE FLORIDA DEPARMENT OF HEALTH
AND REHABILITATIVE SERVICES REGULATIONS.
THE PROPOSER WILL KEEP ALL FIXTURES~ EQUIPMENT AND PERSONAL
PROPERTY~ WHETHER OWNED BY THE PROPOSER~ THE CITY OR THEIR
PARTIES~ IN A CLEAN~ SANITARY AND ORDERLY CONDITION AT ALL
TIMES~ AND CONDUCT THE FOOD SERVICE OPERATION STRICTLY IN
ACCORDANCE WITH ALL APPLICABLE CODE REQUIREMENTS INCLUDING~
BUT NOT LIMITED TO~ THE HEALTH DEPARTMENT OF iNDIAN RIVER
COUNTY. THE PROPOSER SHALL ALSO BE RESPONSIBLE FOR
MAINTAINING THE FLOORS IN THE KITCHEN AND STOREROOM AREAS
AND THE DINING AREAS~ AND WILL KEEP CLEAN THE TRASH ARES.
THE PROPOSER IS RESPONSIBLE FOR STORAGE AND COLLECTION OF
SOLID WASTE AND ASSOCIATED COSTS. PROPOSER MAY SELECT A
SITE, WITH THE CITY'S APPROVAL~ FOR STORAGE. SUCH SITE MUST
BE SCREENED TO THE CITY'S SATISFACTION.
THE PROPOSER IS RESPONSIBLE FOR PROVIDING EXTERMINATION AND
PEST CONTROL SERVICES AS NEEDED.
XVIII. THE CITY SHALL PROVIDE THE EQUIPMENT LISTED ON
APPENDIX A. BY MUTUAL CONSENT THIS LIST MAY BE AMENDED BY
THE CITY AND PROPOSER. THE PROPOSER SHALL MAINTAIN ALL
EQUIPMENT IN GOOD CONDITION, WHETHER OWNED BY THE CITY OR BY
THE PROPOSER, SUBJECT TO NORMAL WEAR AND TEAR. CITY
PROPERTY SHALL BE SUBJECT ONLY TO SUCH DEPRECIATION AS MAY
RESULT FORM ORDINARY WEAR AND TEAR RESULTING FROM ORDINARY
USE. THE PROPOSER SHALL BE THE INSURER OF THE CITY AGAINST
THE RISK OF LOSS OR THEFT OR DAMAGE AS A RESULT OF THE
PROPOSER'S NEGLIGENCE TO ANY FIXTURES~ EQUIPMENT OR PERSONAL
PROPERTY OWNED BY THE CITY WHICH IS LOCATED AT THE
CONCESSION SITE~ AND SHALL PROMPTLY REPAIR OR REPLACE THE
SAME WITHIN FIVE (5) DAYS OF SUCH LOSS~ DAMAGE OR THEFT.
UPON THE EXPIRATION Of ANY CONTRACT, THE PROPOSER SHALL
RETURN TO THE CITY ALL EQUIPMENT LISTED ON EXHIBIT A AS IT
NOW EXISTS~ AND AS IT MAY SUBSEQUENTLY BE AMENDED. THE
PROPOSER AGREES TO PAY THE CITY AN AMOUNT EQUAL TO THE
CURRENT REPLACEMENT PRICE OF EACH ITEM NOT RETURNED~ OR
RETURNED IN AN UNSERVICEABLE CONDITION.
IN THE EVENT OF THE TERMINATION OF THIS CONTRACT~ THE
CITY SHALL HAVE THE FIRST OPTION OF PURCHASING~ FOR AN
AMOUNT ASCERTAINED BY NEGOTIATION, ALL OR ANY OF THE
PROPERTY BELONGING TO THE PROPOSER AND USED UNDER THIS
CONTRACT~ INCLUDING BUT NOT LIMITED TO~ FURNITURE,
FURNiSHINGS~ EQUIPMENT, UTENSILS, FOOD, BEVERAGES AND
MISCELLANEOUS SUPPLIES ON HAND~ WHICH OPTION MUST BE
NOT BE PERMITTED.
VIII. THE PROPOSER UNDERSTANDS THE DESIRE OF THE CITY TO
ACT IN ITS BEST INTERESTS WHEN IT COMES TO LEASING THE FOOD
SERVICE OPERATION AND PROVIDING FOR THE WELFARE OF THE
GENERAL PUBLIC USING SAID FACILITY. THE CITY UNDERSTANDS
THAT THE TIME~ EFFORT~ AND MONEY INVESTED BY THE PROPOSER
DESERVES A LONG TERM CONTRACT. PROPOSED IS A FIVE YEAR
CONTRACT, WITH A FIVE YEAR OPTION ON THE PART OF THE
PROPOSER TO RENEW. 10% OF GROSS LIQUOR RECEIPTS AS
DESCRIBED IN SECTION VII WILL BE PAID TO THE CITY. As
BUSINESS INCREASES THE CITY WILL BENEFIT WITH THE GROWTH.
THE PROPOSER WILL ALSO PAY A BASE RENT OF TWENTY-FOUR
HUNDRED DOLLARS PER YEAR ($2,q00/YR.) THIS WILL INCREASE 5~
PER YEAR BEGINNING WITH THE SECOND YEAR AND ENDING WITH THE
FIFTH YEAR. A 10~ INCREASE ON BASE RENT WOULD BE IN EFFECT
AT THE BEGINNING OF THE OPTION TERM~ WITH A 5~ INCREASE PER
YEAR THEREAFTER. THE PROPOSER UNDERSTANDS THAT ALTHOUGH A
LONG TERM LEASE IS GIVEN BY THE CITY~ CANCELLATION MAY OCCUR
AS DESCRIBED IN SECTION IX.
IX. THE CITY RESERVES THE RIGHT TO TERMINATE THE CONTRACT
SHOULD ANY OF THE FOLLOWING OCCUR:
~. INSTITUTION OF PROCEEDINGS IN VOLUNTARY
BANKRUPTCY BY THE PROPOSER.
2. INSTITUTION OF SUCH PROCEEDINGS IN INVOLUNTARY
BANKRUPTCY AGAINST THE PROPOSER IF SUCH PROCEEDINGS CONTINUE
FOR A PERIOD OF NINETY DAYS
3. ASSIGNMENT BY PROPOSER FOR THE BENEFIT OF
CREDITORS ABANDONMENT BY PROPOSER FOR A PERIOD OF SEVEN DAYS
OR DISCONTINUATION OF OPERATIONS HEREUNDER
4. TOTAL OR PARTIAL DESTRUCTION OF CONCESSION
PREMISES BY FIRE OR ANY OTHER CASUALTY.
THE CITY SHALL HAVE THE RIGHT TO TERMINATE THE CONTRACT
FOR NON-PAYMENT OF ANY SUM DUE HEREUNDER, WHEN NON-PAYMENT
CONTINUES FOR A PERIOD OF THIRTY CALENDAR DAYS AFTER THE DUE
DATE FOR SUCH PAYMENT. BEFORE TERMINATION, THE CITY SHALL
SEND TO THE PROPOSER A WRITTEN NOTICE OF TERMINATION OF
CONTRACT VIA REGISTERED MAIL AT LEAST ~5 DAYS IN ADVANCE OF
THE TERMINATION DATE. SHOULD PROPOSER PAY ALL SUMS AND
INTEREST DUE WITHIN THE FIFTEEN DAY NOTICE PERIOD~
TERMINATION SHALL NOT OCCUR. HOWEVER~ SHOULD SUCH
TERMINATION PROCEEDINGS BE INITIATED THREE TIMES OR MORE IN
ANY TWELVE MONTH PERIOD~ THE CITY SHALL HAVE THE RIGHT TO
IMMEDIATELY TERMINATE THE CONTRACT~ WITHOUT FURTHER NOTICE.
THE CITY SHALL HAVE THE RIGHT TO TERMINATE THE CONTRACT
AFTER THIRTY DAYS WRITTEN NOTICE IS SENT TO THE PROPOSER~
VIA REGISTERED MAIL, OF THE OCCURRENCE OF ONE OR MORE OF THE
FOLLOWING:
~. NON-PERFORMANCE OF ANY TERM OF CONDITION OF THE
CONTRACT~ OR ANY OTHER ACTION OR INACTION CONSTITUTING A
BREACH OF THE CONTRACT~ AND FAILURE OF PROPOSER TO REMEDY
SUCH BREACH.
2. THE CONDUCT OF ANY BUSINESS OR THE MERCHANDISING
OF ANY PRODUCT OR SERVICE NOT SPECIFICALLY AUTHORIZED
HEREIN.
3. A FINAL JUDICIAL DETERMINATION THAT ANY
LITIGATION INSTITUTED BY THE PROPOSER AGAINST THE CITY WAS
GROUNDLESS OR FRIVOLOUS TO THE EXTENT THAT AN ATTORNEY'S FEE
MAY BE AWARDED PURSUANT TO SECTION 57.105, FLORIDA STATUTES.
SHOULD PROPOSER CORRECT OFFENDING OCCURRENCE WITHIN THE
THIRTY DAY NOTICE PERIOD, TERMINATION SHALL NOT OCCUR.
THE CITY SHALL HAVE THE RIGHT TO TERMINATE SHOULD
PROPOSER LOSE RESTAURANT LICENSE, OR ALCOHOLIC BEVERAGE
LICENSE.
BASE FEE~ PLUS ANY OTHER PAYMENTS TO:
CITY OF SEBASTIAN FINANCE DEPARTMENT
POST OFFICE BOX 780127
1225 MAIN STREET
SEBASTIAN, FLORIDA 32978
ALL PAYMENTS MUST BE MADE IN U.S. DOLLARS;
MADE PAYABLE TO "CITY OF SEBASTIAN."
PROPOSER SHALL SUBMIT ALL PAYMENTS OF PERCENTAGE FEES,
CHECKS MUST BE
THE BASE RENT SHALL BE PAID ON THE FIRST DAY OF EACH
CALENDAR MONTH. THERE WILL BE A GRACE PERIOD OF FIVE DAYS.
FAILURE TO PAY BASE RENT BY THE TIME INDICATED WILL RESULT
IN INTEREST BEING CHARGED BY THE CITY AT THE RATE OF
PERCENT MONTHLY. FAILURE TO PAY PERCENTAGE OF "GROSS LIQUOR
RECEIPTS# ON THE TENTH DAY FOLLOWING THE END OF EACH
CALENDAR MONTH SHALL RESULT IN INTEREST BEING CHARGED BY THE
CITY AT THE RATE OF (2) PERCENT MONTHLY OF LAST MONTH'S
"GROSS LIQUOR RECEIPTS.~
XI. "GRosS RECEIPTS" AS DESCRIBED IN SECTION VIi, WHETHER
FOR CASH OR ON CREDIT, ARE TO BE RECORDED BY CASH REGISTER.
THE CASH REGISTER SHALL BE READ DAILY, BEFORE SALES BEGIN BY
THE GOLF COURSE BUSINESS MANAGER, UNLESS HE OR SHE IS NOT
AVAILABLE TO DO SO.
THE PROPOSER SHALL MAINTAIN DURING THE TERM OF THE
CONTRACT ALL BOOKS OF ACCOUNT, REPORTS, AND RECORDS
CUSTOMARILY USED IN THIS TYPE OF OPERATION. THE FORM OF ALL
SUCH RECORDS AND REPORTS SHALL BE SUBJECT TO THE APPROVAL OF
THE CITY'S AUDITORS.
THE PROPOSER AGREES THAT IT WILL KEEP AND PRESERVE FOR
AT LEAST THREE YEARS ALL SALES SLIPS~ CASH REGISTER TAPES,
SALES BOOKS, CASH DEPOSIT RECEIPTS, BANK BOOKS, OR DUPLICATE
DEPOSIT SLIPS~ AND OTHER EVIDENCE OF "GRosS RECEIPTS" AND
BUSINESS TRANSACTED FOR CONTRACT PERIOD.
DURING NORMAL BUSINESS HOURS--8:00 A.M. THROUGH 5:00
P.M., MONDAY THROUGH FRIDAY-- THE CITY OR ITS AGENTS MAY
AUDIT AND EXAMINE ALL RECORDS RELATING TO PROPOSER'S
OPERATION.
EXERCISED BY THE CITY THIRTY (30) DAYS PRIOR TO THE
TERMINATION OR EXPIRATION OF THIS CONTRACT. DURING THE
30-DAY PERIOD, THE CITY AND THE PROPOSER WILL iNVENTORY AND
VALUE THE PROPERTY.
XIX. CONCESSION SITE AND FACILITIES SHALL BE MAINTAINED IN
A CLEAN~ ORGANIZED AND FASHIONABLE MANNER. FAILURE TO DO SO
MAY RESULT IN CITING BY APPROPRIATE AUTHORITIES WITH THE
POSSIBILITY OF RESULTING FINES OR REVOCATION OF LICENSES.
ANY SUCH FINES SHALL BE PAID BY THE PROPOSERI THE REVOCATION
OF ANY LICENSE SHALL BE DEEMED A BREACH OF CONTRACT.
IN THE EVENT THAT THE CONCESSION SITE IS DESTROYED OR
DAMAGED BY FIRE OR OTHER CASUALTY SO AS TO RENDER IT
UNTENABLE, THIS CONTRACT SHALL BE SUSPENDED UNTIL SUCH TIME
AS THE PREMISES ARE RENDERED AGAIN TENABLE. IF THE CITY
ELECTS NOT TO RENDER THE PREMISES TENABLE AGAIN, IT SHALL
NOTIFY THE PROPOSER AND, UPON FURNISHING SUCH NOTICE, THIS
CONTRACT SHALL BE TERMINATED.
XX. THE CITY RESERVES THE RIGHT OF REVIEW AND FINAL
APPROVAL FOR THE FOLLOWING: INTERIOR FURNISHINGS,
ADDITIONAL PARKING~ HOURS OF OPERATION, MENU AND PRICES,
REVIEW OF MANAGEMENT AND EMPLOYEES~ FUTURE RENOVATIONS~
ENTERTAINMENT. IN RESERVING THESE RIGHTS, THE CITY DOES NOT
INTEND TO INTERFERE WITH NORMAL OPERATIONS OF THE
CONCESSION. RATHER, THESE RIGHTS SHALL SERVE AS A
SAFEGUARDS AGAINST IMPROPER OPERATION.
XXI. PROPOSER SHALL NOT DISCRIMINATE AGAINST ANY APPLICANT~
EMPLOYEE, OR CUSTOMER BECAUSE OF RACE~ COLOR, RELIGION,
NATIONAL ORIGIN OR ANCESTRY, AGEJ SEX, OR PHYSICAL HANDICAP
(EXCEPT WHERE BASED ON A BONA FIDE OCCUPATIONAL
QAUALIFICATON).
XXII. THE C!TY'S STAFF AND AGENTS MAY MAKE PERIODIC
INSPECTIONS OF CONCESSION PREMISES AND EQUIPMENT TO
DETERMINE IF THEY ARE BEING MAINTAINED IN A NEAT AND ORDERLY
CONDITION. THE PROPOSER SHALL BE REQUIRED TO MAKE ANY
IMPROVEMENTS IN CLEANING OR MAINTENANCE METHODS REQUIRED BY
THE CITY. SUCH PERIODIC INSPECTIONS MAY ALSO BE MADE TO
DETERMINE WHETHER THE PROPOSER IS OPERATING IN COMPLIANCE
WITH THE TERMS AND CONDITIONS OF THE CONTRACT.
XXlII. THE PROPOSER SHALL OBSERVE, OBEY, AND COMPLY WITH
ALL APPLICABLE ORDINANCES AND RULES ADOPTED BY INDIAN RIVER
COUNTY, AND ALL LAWS~ ORDINANCES AND RULES OF OTHER
GOVERNMENTAL UNITS AND AGENCIES HAVING JURISDICTION
APPLICABLE TO THE PROPOSER'S CONCESSION OPERATIONS.
XXIV. PROPOSER SHALL NOT SUB-LEASE THE CONCESSION PREMISES
IN WHOLE OR ANY PART, ASSIGN THE CONTRACT OR ANY RIGHTS OR
OBLIGATIONS THEREUNDER TO ANY OTHER PERSON, OR CHANGE
OWNERSHIP OR NAME WITHOUT FIRST OBTAINING THE CITY'S WRITTEN
APPROVAL. ALL TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT
SHALL EXTEND TO AND BE BINDING ON ANY AND ALL SUCCESSORS~
ASSIGNEES AND SUB-LESSEES APPROVED BY THE CITY.
XXV. THE PROPOSER SHALL HAVE THE RIGHT TO TERMINATE THE
CONTRACT UPON THIRTY (30) DAYS WRITTEN NOTICE SENT TO THE
CITY VIA REGISTERED MAIL~ UPON OCCURRENCE OF ANY OF THE
FOLLOWING:
1. ISSUANCE BY A COURT OF COMPETENT JURISDICTION
OF ANY PERMANENT INJUNCTION SUBSTANTIALLY RESTRICTING THE
USE OF THE FACILITIES FOR COMMERCIAL PURPOSES~ WITH THE
iNJUNCTiON REMAINING IN FORCE FOR NINETY CALENDAR DAYS OR
MORE.
2. A BREACH BY THE CITY OF ANY OF THE TERMS OR
CONDITIONS OF THE CONTRACT, AND FAILURE OF THE CITY TO
REME~'! SUCH BREACH DURING A PERIOD OF THIRTY CALENDAR DAYS
AFTER RECEIPT OF WRITTEN NOTICE SENT VIA REGISTERED MAIL OR
EXISTENCE OF SUCH BREACH.
3. THE ASSUMPTION BY THE UNITED STATES GOVERNMENT
OR ANY AGENCY THEREOF, OR ANY OTHER GOVERNMENTAL AGENCY, OF
THE OPERATIONI CONTROL OR USE OF THE CONCESSION OR ANY
SUBSTANTIAL PART THEREOF IN SUCH A MANNER AS TO
SUBSTANTIALLY RESTRICT PROPOSER'S OPERATIONS FOR A PERIOD OF
NINETY CALENDAR DAYS OR MORE.
XXVI. THE PROPOSER IS FINANCIALLY AND PROFESSIONALLY QUALIFIED
FOR THIS ENDEAVOR. FINANCIAL STATEMENTS, WORK HISTORY, AND
REFERENCES WILL BE SUPPLIED UPON REQUEST.
PROPOSER:
DENNIS R. FINK
THERESA L. FINK
201 PLANTATION CLUB DR.
MELBOURNE, FL. 32940
#1607
DENNIS R. FINK
DATE ,~"-: "'
°~' THERESA L. FINK
Vero Beach, Florida 32960
(407) 567-7727
July 16, 1990
Robert HcClary, City Hanager
City of Sebastian
Sebastian, Florida 32958
Dear Hr. HcLeary:
By this letter bid is hereby made to the City of Sebastian for
the food concession at the Sebastian Golf Course.
To provide a full food service facility for members at the
Sebastian Golf Course, to serve food and refreshments and
to assist in promotion of tournaments, and to render
catering service upon request; said operation to be in
strict conformity with all pertinent laws and regulations.
Additionally, a lounge, although a separate facility, would
be operated as a complementary activity to the dining
facilities, with similar decor and service.
Patricia A. Cannon, President of cap Can, Inc., is the party
with whom all agreements will be made and who will
personally assume all responsibilities thereunder.
The principal's thirty years' experience in the food service
industry includes:
1984-present
1980-1981' -
1975-1980 -
C. J. Cannon's, Vero Beach
(Principal jointly held A~reement with
the City of Veto Beach for this
restaurant since September 14, 1979,
taking an active position in the running
of the facility.)
The Charleston, Vero Beach
Gentleman Jim's, Vero Beach
Prior to 1975:
Orsen's Bourbon House
Kaluiua, Hawaii
(3 years - Dining Room Supervisor)
Bid of July 16, 1990
Page Two
Holiday Inn, Inc.
(15 years as D£nin~ Room Supervisor and
Front Desk Manager - posted all over the
country)
Principal is hereinafter referred to as Lessee; the City of
Sebastian is hereinafter referred to as Lessor.
Enclosed is a copy of the April 1990 Profit and Loss
Statement and the Balance Sheet for Cap Can, Inc., d/b/a
C.J. Cannon's Restaurant. Any questions regarding the
financial standing of either the Lessee or Cap Can, Inc.,
may b~ directed to John Kistler, Kistler Accounting
Services, 105 41st Court, Vero Beach, Florida 32966, (407)
562-3710.
1. The City of Veto Beach
2. Richard Breen, Airport Director, Veto Beach
The rent proposed by the Lessee is seven percent (?~) of the
gross sales of all food, liquor, and.beer or wine, as well
as gross receipts from any vending machines.
LESSEE RESPONSIBILITIES
Lessee proposes assuming full responsibility for the
following:
2.
3.
4.
Menu selection and pricing;
Staffing;
Hours of operation;
Cleaning, maintenance and repair of the kitchen area
and kitchen equipment;
Cleaning, maintenance and repair of the dining area;
Bid of July 16, 1990
Page Three
11.
All license fees and insurance required by federal,
state and local governments, with the Lessor
transferring the existing club liquor license to the
Lessee;
Direct telephone service to the restaurant;
An agreed upon percentage of the charges for use of
electricity for the entire facility, if there is only
one service connection, or the full charge if there is
separate service for the restaurant facility;
Any charges for garbage and trash collection;
To provide the Lessor, on the fifteenth (15th) day of
each and every month under the proposed Lease, a true
and correct statement of the gross sales by class made
from the premises during the preceding month; and
To pay all taxes assessed against the operations of the
facility.
LESSOR RESPONSIBILITIES
Lessee proposes that the Lessor assume full responsibility
for the following:
1. All impact fees;
2. Maintenance of the outside of.the clubhouse and
grounds;
3. That the Lessor clean, maintain and repair the restroom
facilities inasmuch as the restrooms are not within the
restaurant area;
3. Repairs to new and currently existing water and sewer
systems;
4. Any structural repairs required; and
5. Replacement of air conditioning and/or heating unit
should repair not be possible or feasible.
In addition, Lessee proposes the following:
1. Inasmuch as the operation of vending machines directly
affects income received from food and beverage sales,
Bid of July 16, 1990
Page Four
that Lessee be authorized to install any vending
machines deemed potentially viable by the Lessee to the
end of increasing gross sales. Lessee would be
responsible for any contract therefore;
That Lessee have the right to utilize the kitchen and
related facilities in the leased premises to provide
other food services, thereby increasing the gross
sales. Such other food services would include on-site
catering during time when the clubhouse is closed and
preparation for off-site catering;
That Lessee be authorized to erect any advertising sign
it wishes insofar as such complies with existing laws;
That Lessee be guaranteed Right of First Refusal should
the Lessor at some time in the future elect to build a
new facility of like nature with similar food service
facilities available, either as a replacement or as an
addition to the current facility;
That the Lease contain a "no compete" clause
prohibiting any other entity from selling or giving
away any foods or drinks without prior written approval
of the Lessee; and
That consideration be given to convert the "club liquor
license" to a "full service liquor license" in order to
increase gross sales, thereby making the entire
operation viable.
As brought out in our previous discussion, the most cost-
effective and profitable management would be for the City of
Sebastian to lease the facility to a party experienced in the
food service industry. The above outline is presented to
substantiate and verify this statement.
Should you have any questions, or should there be any areas of
concern not addressed, please do not hesitate to contact me at
the above address and telephone number~
/
ResPectfully submitted,
Patricia A. Cannon
PAC/vza
Enclosure
copy:
Mayor, City of Sebastian
Members of the City Council, City of Sebastian
APRIL 38, 1990
INCOME
REVENUE-SALES
INCOME-TIP CREDIT
REVENUE-MISC.
TOTALS
COST OF SALES
PURCHASES
SALARIES & WAGES
TOTALS
GROSS PROFIT
DEDUCT.
CURRENT
78,899.97 92.8
6,061.00 7.1
102.19 .1
85,063.16 100.0
29,319.52 34.5
23,969.46 28.2
53,288.98 62.6
31,774.18 37.4
YEAR-TO-DATE
534,433.85
41,172.75
533.10
576, 179.70
~.~9,999 57
167,029.87
397,829.44
179, 110.26
92.8
7.1.
.I
100.0
39.9
29.0
68.9
31.1
EXPENSES
ACCOUNTING & LEGAL
ADVERTISING
VEHICLE EXPENSE
CONTRACT SERVICES
DUES & PUBLICATIONS
BANK CHARGES
INSURANCE
INTEREST
LINEN EXPENSE
UNIFORM EXPENSE
LICENSES
EXTERMINATING EXPENSE
OFFICE EXPENSE
RENT
EQUIPMENT RENTAL/LEASE
MAINTENANCE & REPAIRS
MISC. SUPPLIES
TAXES-P/R
TAXES-OTHER
TELEPHONE
UTILITIES
TOTALS
PROFIT (LOSS)
968.45 1.1
483.85 .6
792.23 .5
140.03
68.80 .I
956.31 1.1
5,878.85 6.9
31.99 .0
449.86 .5
452.00 .5
.00
80.00 .1
309.98
3,611..63 4.';2
636.89 .7
1,407.56 1.7
2~7.00
z,027.76 2.4
5.04 .0
4~.4S .5
2,380.62 2.8
20,910.80 24.6
10,863.38 12.8
5,235.93
9,579.28
2,020.25
3,154.62
435.00
5,778.17
15,451.21
836.41
2,966.66
1,173.34
1,J98.00
85°4. 50
1,466.25
18,116.54
6,793.44
5,067.58
J,956.44
iJ,928.02
1,968.54
3,164.11
18,081.61
1'21,423.90
57,686.36
57,686.36
.9
1.7
.4
.5
.1
1.0
,'.7
.1
.5
3.1
1.2
.9
.7
2.4
.7
.5
3.1
"~'1 1
10.0
10.0
NET PROFIT (LOSS)
10,863.38 12.8
APRIL ~0, 1998
ASSETS
CURRENT ASSETS
CASH ON HAND
CHEECKING-FIRST AMER.
CHECKING- FLA. NATAL.
INVENTORY
LEASEHOLD IMPROV.
IMPROV.- HENDRICKS
FURNITURE & FIXTURES
MACHINERY & EQUIPMENT
AUTOS & VANS
LOAN REC. BRUCE CANNON
ACCUMULATED DEPRECIATION
· TOTAL CURRENT ASSETS
2,000.00
4,185.68
11,423.1G
4,100.08
52,417.86
17,626.55
12,405.44
89,628.82
18,815.15
~.7,080.00
(118,572.51)
i20,221.32
TOTAL ASSETS
120,221.52
LIABILITIES
CURRENT LIABILITIES
F.I.C.A. PAYABLE
FED. W/H PAYABLE
FLA. UNEMP. PAYABLE
FED. UNEMP. PAYABLE
SALES TAX PAYABLE
STOCKHOLDER LOANS
NOTE PAY.
NOTE PAY.
NOTE PAY.
NOTE PAY.
NOTE PAY.
TOTAL
DANA CREDIT
1ST AMER.(VAN)
FLA. NAT'L.
BERT BROWN
1ST AMER.(2,300)
CURRENT LIABILITIES
TOTAL LIABILITIES
CAPITAL
COMMON STOCK
PAID IN CAPITAL
RETAINED EARNINGS
PROFIT & LOSS Y-T-D
TOTAL CAPITAL
.08
.00
21.56
.08
5,167.05
19,667.80
6,477.84
.08
1,812.92
2,855.63
1,000.08
66,766.39
( 46, 234. 23 )
57,686.56
082.80
882.88
79,218.52
TOTAL LIABILITIES & CAPITAL 120,22i.32
Ernest Turco DBA/Seaburger Restaurant-Snack Bar
4305 Ocean Drivs
Vero Beach, Florida 32963
(407) 231-2727
Proposed for Food Service Concession at
Sebastian Municipal Golf Course
Ernest Turco/DBA Seaburger Restaurant-Snack Bar
Proposal for Food Service Concession at
Sebastian Municipal Golf Course
II.
III.
I. Concessionaire Introduction:
I, Ernest Turco, feel I can successfully operate a
concession at the Sebastian Golf Course due to my
background operation of the Seaburger Restaurant.
I have owned and operated the Seaburger (located at
Jaycee Park, Veto Beach) for the past ten years and
have made a successful and profitable business. The
buiIding which the Seaburger is located is owned by
the City of Vero Beach. The City of Vero Beach and
myself have established a very good working relation-
ship over the past ten years. The Seaburger Restaurant
and the Concession at the Golf Course are similar
operations that would compliment each other and make
for a successful operation.
Nature of Concession Service:
I will provide a food service operation which will
include: beverages (including beer and wine)~ ice
cream, tobacco products, related sundry items and
vending machines. All this will be made available
at the Club House and Snack Bar located at the Ninth
Hole of the Sebastian Municipal Golf Course.
The food service provided will feature a menu appro-
priate for the clientele using the facilities (please
see appendix A).
Scope of Services:
Menu
Please see attached appendix A.
Hours of Operation
Concession services will be provides from 6:30am
to 9:00pm seven days a week including holidays.
Quality and Service
A personal top quality service will be provided
equal to my current restaurant facility. I can
adequately handle the quanity of traffic generated.
Licensing '~
Upon acceptance of my proposal, I shall provide the
City of Sebastian copies of all applicable licenses.
-page 2-
IV.
Term:
I would like a five year lease with a five year option
but if need be, would settle for three year lease with
five year option. If facility is continued to be a
restaurant, current tenant shall have first option to
renew.
Compensation:
Seven hundred dollars paid monthly with a seventy five
dollar increase yearly for the first five years (1000.00
monthly cap).
VI. Liquor License:
VII.
IIX.
We have the right to re-negotiate our lease agreement
After the period of one year if the City of Sebastian
does not execute their right to obtain a city owned
liquor license. The city can maintain the license by
petitioning The House of Representatives. presidence --
has been set at the Cocoa Beach Municipal Golf Course.
upon receivership of the license, the city and myself
will negotiate either a monthly fee or a percentage.t
for the use of the license.
Utilities:
Electricity
I will be responsible for '25% of the monthly
electric bill.
"Sanitation
I will be responsiable for all solid waste and
its costs.
Equipment:
All equipment purchased by proposer shall become
property of the Utility of Sebastian upon expiration
of lease.
-page 3-
TX.
Golf Course Renovation or Closing
During any period which the golf course shall be
closed by any lawful authority, restricting use of
golf course or club house in such a manner to inter-
fere with use by the tenant for it's business opera-
tion, the rent shall abate and the period of such
closure shall at the option of tenant be added to
the term of my lease so as to extend and~postpone
the expiration thereof.
Thanking you for your~-'~-d~ration,
Ernest Wurco
Menu Cont.
Candy .................. · ................................ 55
Chips .................................................. 55
Gum .................................................... 55
Beer:
Wine:
Beer and Wine
Draft ........................................... 1.00
Can ............................................. 1.30-1.50
Pitcher ......................................... 3.95
Glass ............................................ 1.50
Appendix A
Proposed Menu for
Food Service Concession
for
City of Sebastian
Municipal Golf Course
Breakfast
English Muffin .......................................... 75
One egg. any style w/ toast ............................. 1.35
Two eggs any style w/ toast ........................... 1.75
Pancakes .............................................. 1.75
French Toast .......................................... 1.75
Cheese Omelet ......................................... 2.25
Western Omelet ........................................ 3.15
Ham and Cheese Omelet ................................. 2.90
Egg Sandwich .......................................... 1.35
Bacon and egg Sandwich ................................ 2.25
Ham and egg Sandwich .................................. 2.25
Egg and Cheese Sandwich ............................... 1.75
Sausage and egg Sandwich .............................. 2.25
Breakfast Special ..................................... 2.25
Two eggs, Bacon, Ham,or Sausage,Homefries and Toast
Lunch - Dinner
Hamburger (quarter pounder) ........................... 1.75
Cheeseburger .......................................... 1.95
Double Hamburger ...................................... 2.95
Double Cheeseburger ................................... 3.10
Bacon Burger .......................................... 2.30
Bacon Cheeseburger .................................... 2.50
Messy Burger .......................................... 2.00
Messy Cheeseburger .................................... 2.20
Jumbo Hot Dog ......................................... 1.35
Kraut Dog ............................................. 1.50
Chili Dog ............................................. 1.50
Corn Dog .............................................. 1.15
Lunch and Dinner con%.
BBQ Pork on Bun ....................................... 2.40
Tuna Salad Sandwich ................................... 2.40
Grilled Cheese ....................................... 1.40
Grilled Ham and Cheese ................................ 2.40
B.L.T ................................................ 2.40
Turkey Club ........................................... 3.95
Egg Salad Sandwich .................................... 2.25
Chicken Filet ......................................... 2.40
Chicken Basket w/ Fries ............................... 3.95
10 Fried Shrimp w/ Fries .............................. 2.95
21 Fried Shrimp w/Fries ............................... 3.95
Crab Burger ........................................... 2.25
Seaburger ............................................. 2.40
Clam Burger w/ Fries ............ ' ................... ,.. 2.95
Clam Strips w/ Fries .................................. 3.25
Sea Nuggets w/ Fries .................................. 2.65
Chicken Nuggets ....................................... 1.65
Steak Nuggets w/ Fries ................................ 2.65
Turkey Sub ............................................ 3.90
Ham Sub ............................................... 3.40
Ham and Cheese Sub .................................... 3.65
Tuna Salad Sub ........................................ 3.40
Soup .................................................. 1.25
Salad ................................................. 1.25
Chili ................................................. 2.00
French Fries ........................................... 80
Extra Large French Fries .............................. 1.75
Onion Rings ........................................... 1.00
Beer Battered Onion Rings ............................. 1.75
Breaded Mushrooms ..................................... 1.75
Ice Cream
Vanilla, Chocola%e, Strawberry, and But%er Pecan
Cones: Small... 1.00 Large... 1.70
Ice Cream Sundaes ..................................... 1.95
Ice Cream Sodas ....................................... 1.50
Ice Cream Floats ...................................... 1.50
Milk Shakes ........................................... 1.50
Drinks
Pepsi-Root Beer-Slice-Orange-Diet Pepsi- Iced Tea-Lemonade
Small .... 65 Medium .... 75 Large..~ .85
Coffee ............... Small .... 50 Large .... 70
Tea .................. Small .... 50 Large .... 70
Hot Chocolate ........ Small .... 50 Large .... 70
Orange Juice ........................................... 70
FROM :
Charles J. Cannon Jr. & Edie M. Cannon
556 S/W Bayharbor Terr.
Sebastian, Fl. 32958 (407) 589-1896
Present Owners / Operators
Sebastian Hilltop Diner
1676 N. U. S. Hwy. 1
Sebastian, Fl. 32958
TO
City of Sebastian
P. O. Box 780127
1225 Main St.
Sebastian, Fi. 32978
SUBJ :
Proposal to lease the concession facilities and
provide an independent food service operation at
the Sebastian Municipal Golf Course, 101 East
Airport Drive, Sebastian, Fl. 32958
The following proposal is submitted by the individuals
listed above, however, if accepted, a Florida corporation
will be formed for that purpose under the name CHED
MANAGEMENT, INC. This corporation shall be solely owned
by the above listed individuals and will operate under a
D B A "TEE TOP RESTAURANT".
Page 1 of 6
1. TERM OF LEASE
We propose a five (05) year lease with a five (05) year
renewal option at the discretion of the concessionaire,
subject to the approval of the landlord.
2. ASSIGNMENT
The lease must be assignable for the purpose of sale
of business or collateral for loans in the event the facility
is expanded. In either case the assignment shall be-subject to
landlord approval.
3. ANNUAL RENT TO LANDLORD
We propose to pay the landlord an annual rental of $6,000
in monthly installments of $500.00 (the minimum base rent) or
five per cent (05%) of each monthly gross sales, whichever is
higher. Said rent shall be paid in two (02) installments per
month. The minimum base plus applicable sales tax to be paid
in advance on the first day of each month and the difference
in the base and 5% calculation, if higher, paid with applicable
sales tax on the fifteenth of the month following the sales. A
monthly sales report and a copy of Florida sales tax report
will accompany this payment.
CPI adjustments shall not be applied during the first two
(2) years of the lease. On the third year and each year there-
after, the CPI may be applied to the minimum base not to exceed
$50.00 per month per year.
Page 2 of 6
4. FURNISHINGS, FIXTURES AND EQUIPMENT
CHED Management, Inc. proposes to purchase all furnish-
ings, fixtures and equipment presently assigned to the snack
bar and restaurant. This shall include but is not limited to
the 50 new chairs presently on order for the restaurant. The
purchase shall be under the following conditions.
All~iFF&E will be accepted in its present as-is state.
A total purchase price of $10,500.00 is offered.
Payment as follows: $900.00 upon possession and $400.00
per month for 24 months.
All FF&E shall become the property of the concessionaire
upon possession and may be used as trade or sale for replace-
ment items. All present or replaced items and all added FF&E
and improvements shall become the property of the landlord
upon termination of the lease. (The controls of this portion
of the proposal should be the result of a separate negotiated
agreement).
5. LICENSES, INSURANCE AND CONFORMITY TO LAWS
As the concessionaire, we will provide all licenses,
permits and insurance required for operation. We will also
conform with all pertinent laws and regulations while provid-
ing the highest and best quality products, services and methods
of operation.
Page 3 of 6
6. HOURS OF OPERATION
The restaurant facility in the clubhouse will be operated
from 6:30 A.M. til 8:00 P.M. daily providing a complete
breakfast, lunch and light dinner menu.
The snack bar facility located on the ninth hole will be
operated from 9:00 A.M. til 5:00 P.M. daily providing a
complete beverage and snack menu and a limited sandwich menu.
7. OUTSIDE SERVICES
Cleaning and pest control services within the food service
areas and the concrete area outside the restaurant facility and
the grass area around the concrete and snack bar areas shall be
the responsibility of the concessionaire. All other public
areas including hall ways and rest rooms shall be maintained
by the landlord.
The present telephone service should not be disrupted. The
present restaurant number, 589-6803, should be maintained and
the costs for necessary adjustments to the system and the
monthly service billing for said number can be submitted to
the concessionaire for payment. We hereby guarantee payment
of these monthly billings within 10 days of receipt.
Payment for electric service to the food service areas
shall be the responsibility of the concessionaire at a rate
of $400.00 per month, however, it is proposed that the kitchen
be converted to propane gas as equipment is replaced or added.
Page 4 of 6
Upon completion of this conversion, the payment for electric
service shall be reduced accordingly. The cost for the
conversion shall be the responsibility of the concessionaire.
8. The foregoing proposal addresses the financial and operational
requirements necessary for you to select a concessionaire. There
are, however, many other subjects that need to be addressed.
These sUbjects are:
The sale of items not food and beverage related.
Vending machines.
Catering.
Replacement and or expansion of present clubhouse.
Indemnification.
Facilities and services to be provided by the landlord.
Facilities, service, installation, maintenance,
and repairs to be furnished by the concessionaire.
Alterations to leased space.
Default in rent.
Concessionaire's rights of cancellation.
Bankruptcy.
Inspection by landlord.
Signs.
Acceptance of premises.
Payment of taxes.
Replacement of staff.
Nondiscrimination.
Noncompete
Designation of official representative
Page 5 of 6
Most of these subjects are standard lease entries, ~however,
we feel they need to be addressed but only with your selection
of a concessionaire. If we are your choice, it is requested
that these subjects and the matter in Para. 4.5 be resolved
at separate negotiations.
9. Request for special consideration
Due 'to the fact that we presently operate a food service
establishment in the City of Sebastian and our present lease
expires in late August, 1990, in order to prevent an interuption
to our present clientel, it is requested that, if we are selected
as the concessionaire for the food service operation, that we
be allowed to take possession upon your closing on August 26
and remain closed thru the 31 st., and re-open on September 1.
This will constitute a 5 day shut-down of the facility, how-
ever, this period is necessary in order for us to provide the
services outlined in Para. 6, on I September, 1990.
Respectfully Submitted
CharlesyCannon ~
Edie M. Cannon
Page 6 of 6
PROPOSAL
Bruce Cain and Alan Kinard represent A & B Concessions-TM.
Firm name not yet established.
A & B Concessions-TM hereby submits the following proposal
to the City of Sebastian, Florida.
To acquire day to day functions of concessions at the Seb-
astian Municipal Golf Course.
TERMS
To lease the building, all existing equipment fixturing
on premises.
2. For a term of: A. Five years consecutive
B. Three years consecutive with a two
year option for renewal.
3. Monthly lease amount of $1,650.00, plus an additional
20% of the total electric bill, not to exceed $450.00
a month.
A & B Concessions-TM respectfully requests the first months
lease payment waived in consideration for the necessary
time required to stock, inventory, find personnel, and
develop overall business for a quality profitable oper-
ation.
In return A & B Concessions-TM has all rights to all_moDi~s
earned during the term of the lease.
Food and beverage to be supplied by A & B Concessions-TM
at their expense. All applicable licenses will be applied
for upon acceptance of ~hl~ proposal.
All food and beverages sold on the promises will be sold
by A & B Concessions-TM unless written consent is obtained
from A & B Concessions-TM. All vending machines to be included.
A & B Concessions reserves the right to change food and bev-
erage items and/or adjust pricing on such items at it's own
discretion at any time during the term of the lease.
All utilities other than the electricity shall be the sole
responsibility of the Sebastian Municipal Golf Course or the
City of Sebastian. To include waste disposal and cable tele-
,vision if said applies to concession area.
Items in the above proposal are negotiable with the City
of Sebastian and/or it's officers.
Alan Kinard
A & B CONCESSIONS PROPOSED SCHEDULING
Hours of operations are negotiable.
Proposed Hours:
Monday - Friday
Saturday and Sunday
8 A.M. to 4 P.M.
7 A.M. to 4 P.M.
A luncheon menu will include approximately 5 to 10 items
and a breakfast menu of 3 to 8 items.
Breakfast items to be served
Luncheon items to be served
A.M. to ~0 A.M.
A.M. to 3 P.M.
(dP.M. weekdays)
A & B CONCESSIONS
Bruce 'Cain graduated with an A.O.S. in Culinary Arts from
Johnson and Wales College. Work experience in 4 restaurants
and currently employed as Head Chef at the Port Malabar Country
Club in Palm Bay, Florida, where his responsibilities include
all food purchasing, scheduling of kitchen personnel., dining
room and Snack bar presentations.
Alan Kinard has 25 years experience in Food and Beverage
Management. Including four years as Regional General Manager
of Operations for Red Lobster, Inc. with units grossing $25
million in sales annually. Kitchen manager and steward for
T.G.I. Fridays. 'Present position,~as~iChef~for:~Serrand~si, tnc.
in Melbourne, Florida.
A & B Concessions
Bruce Cain
2]4 East Crown Boulevard
Melbourne., FL 3290~
407 723-2332
IMAGE OF MENU AND PRICING
Hamburger
with cheese
Hot Dog
Ham and Cheese
Tuna Sandwich
Egg Salad
Corned Beef Sandwich
Turkey Sandwich
Soup of the Day
Breakfast Special
Danish
Omelette (onions, peppers, mushrooms,
cheese)
French Toast
Coffee
Snacks
$2.50
$2.75
$1.50
$2.25
$2.25
$2.25
$2.50
$2.50
$~.25
$1.99
$ .85
$2.99
$ .60
$ .60
The above suggestion is purely a representation based on
realistic dollar/product values. As previously noted on
page I paragraph 11, A & B Concessions reserves the right
to create menu changes as deemed necessary.
BAGEL
PORT
13260 U.S. Highway 1
Sebastian, Florida 32958
July 26, 1990
(407) 388-3438
City of Sebastian
1225 Main Street
Sebastian, Florida
32958
Gentlemen:
After an inspection of your facility and equipment, my panner and I feel there is a good possibility
of turning your clubhouse restaurant into a well run breakfast, lunch and lite dinner concession.
With the support of our bakery and deli restaurant located in Sebastian, you can be assured of a
wide variety of fresh baked bagels and other fine bakery items. We also specialize in many different
deli meats, cheese and salad selections. We currently operate a successful breakfast grill and serve
over 150 egg and omelet dishes every morning. We would like to operate the grill at the clubhouse
and we also understand that we must use disposable dishes and utensils until sewers are made
available.
We would like permission to display our corporate name "Bagel Pon" inside the restaurant and
also with removable letters on the glass entrance and exit doors: By displaying our name we feel it
would make the turnaround time much shorter. We are proud of our name and the way we operate
our restaurant and invite you to make an inspection of our facility.
We feel a three year contract with a three year option to renew would be sufficient. As far as rent,
we also feel that $500.00 per month for the first year and an increase to $600.00 for the second and
third years. You must understand that this location has never been known to have a good selection
of food and can easily take at least two to three seasons to build a solid reputation. We would also
need to have an option to terminate this arrangement with ninety days written notice in the event the
restaurant cannot at least break even.
I have enclosed a breakfast and lunch menu that is currently used in our stores. This menu would
be scaled down to fit the nature the clubhouse.
We would like to operate your restaurant and assure you we will make the City of Sebastian proud
to have given us the opportunity to do so.
Thank You
Frank Furino Jr.
Ben Furino
Vice President
GOOD MORNING WELCOME TO BAGEL PORT
BREAKFAST
#1 -- 2 Eggs, Homefries, Toast or a Bagel ................................... $1.69
#2 -- 2 Eggs, Homefries, 2 Strips Bacon or Sausage,
Toast or Bagel ..................................................................... $2.49
#3 -- 2 Egg Ham & Cheese Omelette with Homefries,
Toast or Bagel ..................................................................... $2.49
#4 -- 2 Pancakes, I Egg, 2 Strips of Bacon, Butter & Syrup .... $2.49
#5 -- Bagel French Toast with Ham, Bacon or Sausage,
Butter & Syrup ................................................................. $2.49
#6 -- Mushroom and Cheese Omelett,
with Homefries, Toast or Bagel ...................................... $2.49
#7 -- 3 Pancakes, Sausage, Bacon or Ham, Butter & Syrup .... $2.49
(Egg Beaters on Request) ................................ $ .25 extra
SIDE ORDERS
Ham ..................................................................................................... $1.25
Bacon ................................................................................................... $1.25
Sausage ............................................................................................... $1.25
Corn Beef Hash ................................................................................. $1.25
Homefries ............................................................................................ $ .75
Buttered Toast ............................................... ' .................................... $ .60
Cereal .................................................................................................. $ .95
Any Butter Bagel ............................................................................... $ .60
BREAKFAST
ON A BAGEL
WHIPPED HOMEMADE
CREAM CHEESE
BUTTERED ................................ 60
EGG ............................................. 99
EGG BEATER ..........................1.19
BACON AND EGG ................... 1.50
BACON, EGG & CHEESE ...... 1.75
HAM & EGG ............................. 1.50
}tAM, EGG & CHEESE .......... 1.75
ON A CROISSANT
EGG ............................................ 1.30
BACON, EGG ........................... 1.85
BACON, EGG & CHEESE ...... 2.10
HAM, EGG ................................ 1.85
HAM, EGG & CHEESE .......... 2.20
ON A BAGEL OF YOUR CHOICE
PLAIN ......................................... 95
OLIVE PIMENTO .................... 1.75
SCALLI ON ................................ 1.75
VEGETABLE ............................ 1.75
STRAWBERRY ......................... 1.75
BLUEBERRY ............................ 1.75
LOX ............................................ 1.95
SARDINE SUPREME ............. 1.75
VAN. WALNUT .........................1.75
CINNAMON WALNUT ........... 1.75
CREAM CHEESE & JELLY... 1.50
FROM OUR OVEN
BAGELS
"THE BEST BAGELS iN THE BUSINESS"
· PLAIN · ONION * EVERYTHING
· SESAME · WHOLE WHEAT * CINNAMON RAISIN
° POPPY · CARAWAY · PUMPERNICKEL
· SALT ° GARLIC · OAT BRAN
TAKE HOME A DOZEN
BAIr~ERS DOZEN (13) ...................................................... 4.20
HALF DOZEN (6) .............................................................. 2.10
"THE BEST BAGELS IN THE BUSINESS"
Phone in your breakfast or lunch order.
SEBASTIAN
13260 U.S. Highway 1
Sebastian
"Across from McDonalds"
PHONE 388-3438
FAX 388-5728
OPEN 7-DAYS
VERO BEACH
704 21st Street
Vero Beach
"On the Miracle Miler
Across From Caters Furniture
PHONE 778 - 5395
Board'S'Head
· FRESH BAGELS
· DELI SANDWICHES
· CATERING
· BAGEL CHIPS
· HOMEMADE SALADS
HOME OF THE "SUPER BAGEL"
JUMBO MUFFINS
HOMEMADE WHIPPED CREAM CHEESES
FRESH NOVA LOX
CROISSANTS
"RUEBEN"
Hot Corned Beef
Swiss Cheese, Sauerkraut
Russian Dressing
4.95
"RACHEL"
Hot Pastrami, Swiss
Cheese, Cole Slaw,
Russian Dressing
4.95
BREAKFAST
ON A BAGEL
EARLY BIRD
Before 10:30 am
EARLY BIRD
Before 10:30 am
BUTTERED BAGEL
COFFEE or TEA .89
EGG, BACON or $1.19
HAM on a BAGEL
BUTTERED ........................... 60
EGG ........................................ 99
EGG BEATER ....................... 1.19
BACON AND EGG .............. 1.50
BACON EGG & CHEESE... 1.75
HAM & EGG ......................... 1.50
HAM, EGG & CHEESE ...... 1.75
-- ON A CROISSANT --
EGG ....................................... 1.30
BACON, EGG ....................... 1.85
BACON, EGG & CHEESE .2.10
HAM, EGG ............................ 1.85
HAM, EGG & CHEESE ...... 2.10
WHIPPED HOMEMADE
CREAM CHEESE
SPREADS
BY THE POUND
PLAIN ................................. $2.89
MIXED .................................. 3.99
LOX ....................................... 4.99
~'TU~A MELT"
Open Faced
Bagel,
with Fresh Tuna Salad
Topped with Melted Cheese
3.75
"HOT"
PASTRAMI
3.95
WHIPPED HOMEMADE
CREAM CHEESE
ON A BAGEL OF YOUR CHOICE
PLAIN ............................................. 95
OLIVE PIMENTO ........................ 1.75
SCALLION .................................... 1.75
VEGETABLE ................................ 1.75
STRAWBERRY ............................. 1.75
BLUEBERRY ................................ 1.75
LOX ................................................ 1.95
SARDINE SUPREME ................. 1.75
VAN. WALNUT ............................ 1.75
CINNAMON WALNUT ............... 1.75
CREAM CHEESE & JELLY ....... 1.50
HOMEMADE SALADS
PER LB.
SEAFOOD SALAD ....................... 5.29
CHOPPED HERRING ................. 3.99
SMOKED WHITEFISH ............... 5.99
CHICKEN ..................................... 5.89
TUNA ............................................. 3.89
EGG ................................................ 2.99
SHRIMP ........................................ 4.99
MACARONI ................................ 1.29
POTATO ........................................ 1.29
COLE SLAW ............................... 1.29
PORT mi
U~S. lllClIWAY I
SEBASTIAN
VERO
BEACH
"HOT"
CORNED
BEEF
3.95
"CHI CKEN
MELT"
Open Faced
Bagel, with Chicken Salad,
Topped with Melted Cheese
3.95
LUNCH
COMPLETE WITH PICKLE,
YOUR CHOI.CE OF COLE SLAW,
POTATO OR MACARONI SALAD
ON A BAGEL, WHOLE WHEAT,
PUMPERNICKLE, RYE OR WHITE BREAD
HAM ................................................... 2.95
BOLOGNA ......................................... 2.50
LIVERWURST .................................. 2.75
TURKEY ............................................ 3.95
ROAST BEEF .................................... 3.95
SALAMI ............................................. 2.95
EGG SALAD ...................................... 2.45
SEAFOOD SALAD ...........................3.25'
SHRIMP SALAD .............................. 3.25
TUNA SALAD ................................... 2.95
CHICKEN SALAD ...........................3.25
RUEBEN ............................................ 4.95
RACHEL ............................................ 4.95
TUNA MELT ..................................... 3.75
CHICKEN MELT ............................. 3.95
CRAB MELT ..................................... 3.95
CLUB SANDWICH .......................... 4.95
HOT PASTRAMI .............................. 3.95
HOT CORNED BEEF ...................... 3.95
SWISS OR AMERICAN ................... 2.75
SARDINE & ONION ........................ 2.95
WHITEFISH SALAD ....................... 3.25
HERRING SALAD ...........................2.75
NOVA LOX & CREAM CHEESE...4.95
BACON, LETTUCE & TOMATO ...2.95
PIZZA BAGEL (2 Halves) ............... 2.45
ON A CROSSIANT - 50¢ EXTRA
ONION, TOMATO OR CHEESE - 25¢ EXTRA
"CRAB MELT"
Open Faced
Bagel, with Crab Salad,
Topped with Melted Cheese
3.95
TRIPLE DECKER
"CLUB
SANDWICH"
Lettuce, Tomato, Bacon, and
A Choice of One Deli Meat.
4.95
DELI MEATS
Boar (DHead
1/2 Lb.
Price
CORNED BEEF ................... 3.29
PASTRAMI ........................... 3.19
ROAST BEEF ....................... 3.99
TURKEY ............................... 3.89
SALAMI ................................ 2.99
HAM ...................................... 2.99
LIVERWURST .....................1.79
BOLOGNA ............................ 1.79
SWISS CHEESE .................. 2.19
AMERICAN CHEESE ........ 1.99
PROVOLONE CHEESE ..... 2.19
FRESH NOVA LOX
BEVERAGES
SMALL LARGE
COFFEE ..................................... 60 ........ 75
BREWED DECAF COFFEE .... 60 ........ 75
TEA .......................................... 60 ........ 75
DECAF TEA ............................... 60 ........ 75
SODA (CAN) ............................................. 65
MILK (PINT) ............................................. 65
CHOCOLATE MILK ................................ 85
ICED TEA ................................................. 75
FRESH ORANGE JUICE ...... 65 .......... 85
PHONE YOUR ORDERS AHEAD
.. CALL:
SEBASTIAN--- 388-3438 VERO BEACH -- 778-5395
FROM OUR OVEN
BAGELS
"THE BEST BAGELS IN THE BUSINESS"
° PLAIN ° WHOLE WHEAT · SUPER ONION
· SESAME ° CARAWAY ° PUMPERNICKEL
° POPPY · GARLIC ° OAT BRAN
° SALT ° EVERYTHING ° MINI BAGELS
° ONION ° CINNAMON RAISIN
BAKERS DOZEN (13) ......................... . ................ 4.20
HALF DOZEN (6) ........... ... .............. . ..................... 2.10
-- JUMBO MUFFINS ---
· CORN ° OAT BRAN · CHOCOLATE CHIP
° APPLE BRAN ° BANANA NUT · NUT BRAN
· RAISIN BRAN ° BLUEBERRY
-- CROISSANTS ---
· PLAIN
· APPLE
· CHERRY CHEESE
CHEESE · LEMON
STRAWBERRY ° CHOCOLATE
BLUEBERRY · ALMOND
°HOMEMADE COOKIES °BAGEL CHIPS
·PASTRIES °BAKLAVA
°BiALYS ·COOKIE TRAYS
10/89
City of Sebastian
POST OFFICE BOX 780127 r'l SEBASTIAN. FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
Fiscal Year
)
)
'90 Budget Amendment 31
Approved For
City Manager
Submittal By:
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
~_-R-9Q
8-22-90
Exhibits:
Resolution R-90-29
Budget Amendment 3
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The fiscal year '90 Budget requires amendment to provide additional
money to cover the cost of the new personnel in the Building Dept. and the
Consultant on the Comp Plan while recognizing the additional revenues
received from a State Grant, Golf Course and Construction Board fees. The
expenditures of the Capital Projects needs to be increased to cover the
paving of the City Hall parking lot, the Post Office involvement in the
Main Street realignment and the additional money to be spent on the Barber
Street Sports Complex. The Golf Course Budget expenditures are being
increased to recognize the full cost of Accounting services by the General Fund.
RECOMMENDED ACTION
Move to adopt Resolution R-90-29 thereby increasing the General Fund
Budget by $39,550, the Capital Projects Revenues by $74,800 and Expenditures
by $94,900 the the Golf Course Expenditures by $15,950.
RESOLUTION NO. R-90-29
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO AN AMENDMENT TO THE
FISCAL YEAR 1989/1990 BUDGET; PROVIDING FOR CHANGES TO
THE GENERAL FUND, CAPITAL PROJECTS FUND AND GOLF COURSE
FUND; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian enacted
Resolution No. R-89-46 on September 20, 1989 adopting the annual
budget of the City for the Fiscal Year beginning October 1, 1989
and ending September 30, 1990; and
WHEREAS, the City Council of the City of Sebastian adopted
Resolution No. R-89-67 on January 3, 1990, which amended the
budget of the City for the Fiscal Year beginning October 1, 1989
and ending September 30, 1990; and
WHEREAS, the City Council of the City of Sebastian adopted
Resolution No. R-90-09 on February 14, 1990, which amended the
budget of the City for the Fiscal Year beginning October 1, 1989
and ending September 30, 1990; and
WHEREAS, the City Council has determined that certain
amendments to the annual budget are necessary in order to promote
the general health, safety, and welfare of the citizens of the
City of Sebastian.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. BUDGET AMENDMENT. The Finance Director is
hereby authorized and directed to make the budget amendments to
the General Fund, Capital Projects Fund and Golf Course Fund as
further described in Exhibit "A" to this Resolution, and
incorporated herein. The Finance Director is fur%her authorized
and directed to allocate additional revenue to such funds as
further described in Exhibit "A".
SECTION 2. CONFLICT. Those provisions of Resolution No.
R-89-46, Resolution No. R-89-67 and Resolution No. R-90-09 which
are in conflict with the provisions of Exhibit "A" to this
Resolution are hereby repealed. The remaining provisions of
Resolution No. R-89-46, Resolution No. R-89-67 and Resolution No.
R-90-09 shall not be affected by the enactment of this
Resolution. Ail other resolutions or parts of resolutions in
conflict herewith are hereby repealed.
SECTION 3. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by
Councilman
Councilman
vote was as follows:
. The motion was seconded by
and, upon being put to a vote, the
Mayor W.E. Conyers
Vice Mayor Frank Oberbeck
Councilman Robert McCollum
Councilman Lonnie Powell
Councilman Lloyd Rondeau
2
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1990.
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
BUDGET AMENDMEN"f' - FISCAl .... YEAR
NUMBER 3
GENERAL FUNI]
REVENUE
REVFNUE F'ER AMENDE[) BUDGET
REVENUE PER B[JDGET AMENDMENT 3
TOTAL
$3,315,500
39,550
:~3 ,355 ,050
E X F'END I TURES
EXF'ENBITURES F'ER AME:NDED BUDGET
EXPENDITURES PER BUDGET AMENDMENT 3
TOTAL
:.*. 3,315,500
39,550
$3,355,050
CAPITAL PRO.]E:C'f'S FL;ND
REVENUE
REVENUE PER AMENDED BUDGET
RF. VENUE PER I'~t..IDGE'I" AMENDMENT
'TOTAL
EXPEND I 'I"URES
EXF'ENDITURES PER AMENDED BUf)GE'r
EXPENDITURES PER BUDGE]" AMENDMENT 3
TO'l-Al_
(BALANCE COMES FROM LJNEXF'ENDED MONEYS
OF I]URRENT YEAR PRO.]ECTS)
$.. 890,100
'74,800
$ 964,900
:~: 870,000
94,90C~
:~ 964,900
GOLF COLJRSE FUND
REVENUES
REVENUE PER AMEN[E:.]] BUDGET
USE OF ANTICIF'ATED PROFIT
RETAINED EARNINGS
TOTAL.
$1 , 110,840
8,190
7,760
:*..1 , 126,790
EXF'END I"FURES
EXF'ENDITURES PER AME:NEIED BUDGET
EXPENDITURES PER BUDGE'F AMENDMENT 3
TOTAL
-1-
$1 , 110,840
15,950
$1 , 126,790
BUDGET AMENDMENF-FISCAL YEAR 1990
LINE I'f'EM DETAIL OF [;HANGES
GENERAL FUND
REVENUE
STA]'E BRAN]'
SERVICES FOR OTI-IER FIJNDS
CONSTRUCTION BOARD
UNAPPROPRIATE[~ FUND BALANCE
TOT'AL REVENUE
:~: 4,250
15,950
3,000
16,350
$ 39 ,550
E X F' E H D I '[' I_,IR E S
CONSLILTAN]' --.- COMF' PLAN
NEW PERSONNEI,..-'-BUILDING DEPT.
TOTAL. EXPENDITURES
$ 30 ,'? 10
8,840
:~ 39,550
CAF'I'f'AL F'RO.]ECTS FUND
REVENUE
F'OST OFFICE .... MAIN ST. REALIGNMENT
INDIAN RIVER COUNTY - BARBER ST. S.C.
'T[]TAL REVENUES
EXF'ENf) I TURES
CI"fY HALL PARKING LOI"
MAIN STREET REALIGNMENT .... POST OFf:'ICE
BARBER STREET SF'OR'f'S COMF'L. EX
TOTAl.. EXPENDITURES
GOLF: COURSE F:'UND
~.: 54,800
20,000
$ 74,800
$ 37,040
54,800
40,000
$131 ,840
E X PEND I 'T'URES
ACCOUNTINB SERVI[;ES
TOi'AL EXPENDI]'URES
$ 15,950
$ 15,950
]ORESE, }PALLAOE, RASH & TORPY, P.A.
CHARLES 1AN NASR *
VINCENT (~. TORO¥0 JR.
ELISE A. SINOER
RIC}{ARD Iq3. TORP¥
OREOORY S.
d. PATRICK ANDERSON
WILLIAM A. GRIMM
0P ~0UNSEL
VIA H~D DELIVERY
ATTORNEYS AT LAW
August 8, 1990
930 $. ~RBOR CITY BLVD.
SUITE 50~
MELBOURNE, I~{LORIDA 32901
(407) 984-3300
FAX (407) 051-3741
t BOAI{D CE~Tlm~m~:D mN
TAXATION
Robert S. McClary, City Manager
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978
Re:
Main Street Realignment
Our File No. 88-2810
Dear Robb:
Enclosed with this letter please find the proposed Agreement
between the City of Sebastian and the United States Postal Service,
in duplicate, both original counterparts having been signed by the
United States Postal Service.
Also enclosed please find a copy of the correspondence I received
relative to this matter from Walter Popaden, Jr., Manager, Real
Estate Branch, United States Postal Service, dated August 6, 1990,
for your information.
i would recommend that the Agreement be submitted to the Sebastian
City Council for their approval as quickly as possible. Because
I may not have sufficient time to prepare a Resolution for the City
Council's approval relative to this matter so that these documents
can be on the next available agenda, you may wish to have the City
Clerk's office prepare a proposed Resolution in accordance with
some of the recent Resolutions I have prepared authorizing the
Mayor and City Clerk to sign Agreements on behalf of the City for
my review. The City Clerk can fax the proposed Resolution to me
on Tuesday morning, August 14, 1990, and I can discuss any
modifications by telephone with the City Clerk's office.
If you have any questions concerning this matter, please do not
hesitate to contact me.
CiN/me
Enclosures as stated.
Very truly..yours,
FRES~ALLACE, NASH
Charles Ian Nash
City Attorney
& TORPY, P.A.
RESOLUTION NO.: R-90-30
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE, ON BEHALF OF THE CITY, AN AGREEMENT
BETWEEN THE CITY OF SEBASTIAN, FLORIDA, AND THE UNITED
STATES POSTAL SERVICE CONCERNING THE REALIGNMENT OF
MAIN STREET; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County,
Florida is currently realigning a portion of Main Street,
adjacent to the Sebastian branch of the United States Postal
Service, an agency of the United States of America; and
WHEREAS, the United States Postal Service has committed
to pay for design and construction of improvements on the
property it now owns; and
WHEREAS, the United States Postal Service has agreed to
transfer a portion of its property to Roger M. and Wauneta B.
Skillman at such time as the Main Street project is completed and
open for public travel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The Mayor and the City Clerk of
the City of Sebastian, Indian River County, Florida, are hereby
authorized to execute, on behalf of the City, the proposed
Agreement being attached hereto as "Exhibit A" and by this
reference incorporated herein, thereby binding the City as a
party thereto.
Section 2. CONFLICT. Ail resolutions or parks of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of
competent Jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without 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
Councilman
by Councilman
vote, the vote was as follows:
Resolution was moved for adoption by
. The motion was seconded
and, upon being put to a
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie Powell
Councilman Lloyd Rondeau
- 2 -
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1990.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
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 -
8mr~ 505
[~LSOU.~. FL 32901
(407) 984-3300
FAX (4O7) 951-3741
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", and the
UNTIED STATES POSTAL SERVICE, an agency of the UNITED STATES OF
AMERICA, hereinafter referred to as the "USPS". The City and the
USPS 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, in order to facilitate the issuance of certain
Owners' Title Insurance Policies in connection with the
consummation of the Agreement for Exchange of Real Property
entered into by and between the City, Carl R. Julian,
individually and as Trustee, and Roger M. Skillman and Wauenta B.
Skillman, his wife, it is necessary to obtain a Quit-Claim Deed
signed by the USPS in favor of Roger M. Skillman and Wauenta B.
Skillman, his wife; and
WHEREAS, the USPS desires to confirm that the City,
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without seeking any contribution to the funding thereof by the
USPS, shall construct the alignment to Main Street so that upon
its completion, the paved portion of Main Street shall abut the
existing paved driveways being utilized by the USPS at its Main
Street Sebastian fa¢ility~ and
WHEREAS, the City desires to confirm that the USPS, at its
expense, shall construct any site work it decides is necessary or
convenient to its utilization of its existing facility and any
additional real property it receives due to the vacation of any
portion of the existing Main Street roadway and road right-of-way
by the City or due to the transfer of any portion of the existing
Main Street roadway and road right-of-way to the USPS by Carl R.
Julian, individually and as Trustee, or by Roger M. Skillman and
Wauenta B. Skill~an, his wife, including the cost of removing any
pavement on any such real property received by the USPS.
NOW, T}~EFORE, 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. Construction by. the City of Main St~. The City
shall construct the alignment to Main Street so that upon its
completion, the paved portion of realigned Main Street roadway
shall abut the existing paved driveways being utilized by the
USPS at its Main Street Sebastian facility. The USPS shall not
be required by the City to contribute to the expense incurred in
connection with such construction.
~'ASH & TOHPY.
tO ~ ~, Crrv BLVD.
S~rr~ 505
~:LS0U~,r~:. ~ 32001
(407) 984-3300
FAX (407) 951-3741
2. Construction. by the USPS of its si~e .... improvements.
The USPS shall be responsible for the expenses of any site
improvements it makes on the real property it now owns, or any
real property the USPS may receive in the future on the south
side of what will then be Main Street after the construction of
the realignment of Main Street in the process of being commenced
by the City is completed, including the cost of removing pavement
from any portion of the existing Main Street roadway which
becomes the property of the USPS.
3. Transfer by the USPS to Skillman. The USPS shall
deliver to the city Attorney for the City, (hereinafter referred
to as the "City Attorney"), a duly executed quit-claim deed
conveying any interest that the USPS may have in the real
property identified on Exhibit "A" attached hereto and by this
reference incorporated herein, to Roger M. Skillman and Wauenta
B. Skillman, his wife. The quit-claim deed for the real property
described in Exhibit "A" 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, at such time as
the realigned portion of Main Street passing in front of the
existing facility of the USPS on Main Street is completed and
open for public travel.
4. Savinqs 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
~:DI2E S E. I~ALLAC E.
~TA.~H & To~. P.A.
J0 ~ It~0.~oR Crr,r B~vD.
SUITE {~05
~LUOU~N~, FL 32901
(407) 984-3300
FAX (40?) 91~1-3741
in all respects as if such invalid or unenforceable provisions
were omitted.
5. Interpretation of Aqreement. 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.
6. Bindinq Effect. All of the terms, covenants,
warranties and representations contained herein shall be binding
upon the parties, their heirs, successors and assigns.
7. Attorney's Fees and Costs. If any action is
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.
8. 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 mail, 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:
4
~ESE, i~ALLAC E.
St.T~C 505
~L"OUP,~IC. FI~ 32901
(407) 984-3300
FA~ (407) 9~$I-374~
TO THE CITY:
WITH A COPY TO:
TO THE USPS:
CITY OF SEBASTIAN
Attn: city Manager
P.O. Box 780127
Sebastian, Florida 32978
CHARLES IAN NASH, ESQUIRE
City Attorney
930 S. Harbor city Boulevard
Suite 505
Melbourne, Florida 32901
WALTER POPADEN, JR.
Manager, Real Estate
P. O. Box 22725
Tampa, Florida 33622-2725
9. Entire and Sole AGreement. Except as specifically
stated herein, this Agreement and the Exhibits referenced herein
constitute the entire agreement between the parties and
supercedes all agreements, representations, warranties,
statements, promises and understandings not specifically set
forth in this Agreement or in the documents del ivered 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 or
understandings not specifically set forth in this Agreement or in
such documents.
10. 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
5
~nnoual,~z, i~L 32t~01
(407) 984-3300
FAX (409') 9/~1-3741
other party from any liability therefore.
11. CounteKparts. 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.
12. 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
is sought.
13. HeadinGs. The headings in this Agreement are for
purposes of reference only and shall not limit or otherwise
affect the meaning hereof.
14. 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
6
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8,~,T~ 505
[EL~OU~. FL 32901
(407) 984-3300
I~AX (407) 951-3741
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.
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
(SEAL)
By.
W. E. Conyers, Mayor
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 WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at Sebastian, Indian River County,
Florida, this day of , 1990.
NOTARY PUBLIC,
State of Florida at Large
My Commission Expires:
~ I-I~u~ ooR Crt ¥ BLVn.
(407) 084-3300
~AX (407) 951-3741
THE USPS:
UNITED STATES POSTAL SERVICE
municipal corporation
As its m4,~. ~W.
COUNTY OF //~Y?~.~c~/- .... )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County a~oresaid to take
acknowledgments, personally appeared ~4/~~6~/~71~. ,
known to me to be the ~7~.~/~~. o~ t~ ~i~ed States
Postal Service, and th~c he acknowledged before me that he
executed the foregoing A~reement for the purposes therein
expressed, under authority duly vested in h__ by the United
States Postal Service.
IN WITNESS WHEREOF, I have hereunto se~. my han~ and
affixed my o. fficial, seal at 7-/~-~ ,
County, Florida, th~s ~ da~ ~ '~,~ , 1990.
.....
NOTARY PUBLIC ~
State of Florida at Large
My Co~ission ExPires:
~OT~Y P'j~LIC STAIE OF FLO~IP~
~x CO[:HISSIO~ ~xP. ~AR lO,tggl
City of Sebastian
POST OFFICE BOX 780127 ~3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMORANDUM
DATE:
TO:
FROM:
RE:
August 17, 1990
Mayor W. E. Conyers & Sebastian City Council
Robert S. McClary ~
Annual Fall Food Festival
The City Council has approved Saturday, October 27, 1990 for the
Annual Fall Food Festival sponsored by the Sebastian River Area
Chamber of Commerce. The date should have been for Sunday,
October 28, 1990. We have been asked by the Chamber of Commerce
to correct the date of approval. However, the written request
from the Chamber was not received in time for the City Council's
Agenda for August 22, 1990. Therefore, I plan to request the
City Council to add this to the Agenda.
Should you have questions, will you please call?
Veto Insurance
.?C)l I Occon l)riue
l/ero l~each, FI. 32963
(407) 231-2022
Sebastian Insurance
936 ~.1, S. l--ligln~,ay I
Suite (?
Sebastian, FI. 32958
(407) 589-1110
August 14, 1990
Mr. Rob McClary
City of Sebastian
Main Street
Sebastian, Fl. 32958
Dear Mr. HcClary:
We had originally requested use of Riverview Park
for October 27th for the Fall Food Festival. The date
should actually be Sunday, October 28th.
Thank you for your attention to this matter.
Sincerely,
Donna A. Keys, Director
Sebastian River Area Chamber of Commerce