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HomeMy WebLinkAbout10241990 City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 90.243 90.244 90.244 A G E N D A SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY., OCTOBER 24, 1990 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND iNFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - None 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - Red Ribbon Week - Just Say No Council of Indian River County - 10/20/90 through 10/28/90 - (John M. Dobis Accepting) 7. PUBLIC HEARING FINAL ACTION - None 8. PUBLIC INPUT A. Non-Agenda Items 1. Peter Vallone - Questions Concerning Telephone Log for 1989 (City Telephone Logs) 2. Leonard Bassi - Questions Concerning Telephone Log for 1989 (City Telephone Logs) 90.245 90.246 90.028 90.133 90.247 90.248 90.227 10. George Metcalf - Road Paving Requirements in the City of Sebastian (Letter dated 10/18/90, Memo from IRC PW Director dated 10/15/90) B. Agenda Items CONSENT AGENDA A. Approval of Minutes - 10/10/90 Regular Meeting Bid Award - Golf Course - Ryegrass Seed - Sunbelt Seeds, Inc. - Norcross, GA - $3,900 (Staff Recommendation dated 10/16/90, Bid Tabulation Form) Request for Use of Yacht Club - Pelican Island Jaycees - Club Membership Night - 10/27/90 - 8 p.m. to Midnight - A/B - Permittee Stan Dillahay DOB 4/16/63 - Security on File (Application) PRESENTATIONS Architects' Design Group - Design Development Report for Police Station (City Manager Recommendation dated 10/17/90, Report from ADG, Inc. under separate cover, Petty Memo dated 10/18/09) 11. COMMITTEE REPORTS/RECOMMENDATiONS 12. A. PLANNING & ZONING COMMISSION Reappointment of Shirley Ktlkelly - Three Year Term - 11/90 to 11/93 (P & Z Memo dated 10/5/90, Letter from Kilkelly dated 10/4/90) Report on Chesser's Gap Preliminary Planned Unit Development (Staff Recommendation dated 9/18/90, P & Z Memo dated 10/15/90, P & Z Minutes dated 10/9/90, Sequence of Events Re: Chesser's Gap PUD) OLD BUSINESS At City Manager Contract Extension (City Manager Recommendation dated 10/17/90, City Manager Memo dated 10/18/90, Vincent Resignation dated 4/26/90, Vincent Resume, Airport Manager Employment Agreement 10/20/82, Section 481.229 FS, Lewis Engagement Letter 5/10/89, Standard Fee Schedule for Architectural Services, Letter from Rondeau dated 10/17/90 - Placed at His Request) 2 90.240 '~ ~'..'~ : -.- 90.198 90.249 13. Bid Award - Barber Street Sports Complex Dugouts and Scorekeeper Booths - Capp Custom Builders, Inc. - $38,741.06 (City Manager Recommendation dated 10/14/90, City Manager Memo dated 10/15/90, Bid Tabulation Form) NEW BUSINESS A. ORDINANCE NO. O-90-10 - AlCoholic Beverages - Hours of Sales (City Manager Recommendation dated 10/16/90, O-90-10) FIRST READING, SET PUBLIC HEARING 11/14/90 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES; AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 4-2 TO EXPAND THE HOURS OF SALES OF ALCOHOLIC BEVERAGES PERMITTED ON SUNDAYS; AMENDING SECTION 4-2 TO PROVIDE FOR THE CITY COUNCIL OF THE CITY OF SEBASTIAN TO HAVE THE AUTHORITY TO EXTEND THE HOURS FOR THE SALE OF ALCOHOLIC BEVERAGES ON NEW YEAR'S DAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 0-90-14 - Convenience Store Security (City Manager Recommendation dated 10/17/90, Attorney Letter dated 10/15/90, 0-90- 14) FIRST READING, SET PUBLIC HEARING 11/14/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A CONVENIENCE STORE SECURITY ORDINANCE; AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OR THE CITY OF SEBASTIAN; PROVIDING FOR DEFINITION; PROVIDING FOR REQUIREMENTS OF CONVENIENCE STORE SECURITY MEASURES; PROVIDING FOR THE TRAINING OF EMPLOYEES IN CONVENIENCE STORES; PROVIDING FOR FINES AND PENALTIES VIOLATION; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 3 90.250 90.251 90.252 90.016 ORDINANCE NO. O-90-14 - Rezoning Tract A - Unit 14 - S/H - RS-10 to C 512 (East of Chesser's Gap on CR 512 - Approximately 10 Acres)(Staff Recommendation dated 9/19/90, P & Z Memo dated 10-5- 90, 0-90-11, Map) FIRST READING, SET PUBLIC HEARING 11/28/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE CENTRAL AREA OF THE CITY, DESCRIBED AS TRACT A OF SEBASTIAN HIGHLANDS SUBDIVISION PLAT UNiT 14, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED SOUTH OF COUNTY ROAD 512, EAST OF STRAIT AVENUE, AND WEST OF SOUTH WIMBROW DRIVE, FROM RS-10 (RESIDENTIAL SINGLE FAMILY) ZONING DISTRICT TO C-512 (COMMERCIAL 512) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-90-42 - Little League Lease (City Manager Recommendation dated 10/16/90, R-90-42, Proposed Lease, Location Plan Under Separate Cover) 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 LEASE AGREEMENT WITH SEBASTIAN RIVER AREA LITTLE LEAGUE, INC., IN A FORM IDENTICAL TO THE LEASE AGREEMENT ATTACHED TO THIS RESOLUTION AS "EXHIBIT A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Utilization of Main Street Field Lighting - Approve City Manager Recommendation (City Manager Recommendation dated 10/17/90, City Manager Letter dated 10/17/90) RESOLUTION NO. R-90-43 - Golf Course Concession Agreement (City Manager Recommendation dated 10/17/90, R-90-43, Concession Agreement) 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 CONCESSION AGREEMENT WITH DENNIS R. FINK AND THERESA L. FINK, IN A FORM IDENTICAL TO THE CONCESSION AGREEMENT ATTACHED TO THIS RESOLUTION AS "EXHIBIT A"; WHEREBY DENNIS R. FiNK AND THERESA L. FINK WOULD OPERATE THE RESTAURANT AND SNACK BAR IN CONNECTION WITH THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 4 90.253 90.254 14. 15. 16. 17. 18. G. Approve Yacht Club Parking Lot Resurfacing and Stripping Plan (City Manager Recommendation dated 10/16/90, Mosby Plan dated 10/11/90 Under Separate Cover) MAYOR'S MATTERS COUNCIL MATTERS A. Vice Ma~or Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau CITY ATTORNEY MATTERS CITY MANAGER MATTERS A. Report on Chesser's Gap Water Service (City Manager Recommendation dated 10/16/90, IRC Pinto Letter dated 9/11/90, GDU Betschart Letter dated 10/4/90, Mosby Letter to IRC dated 10/10/90, Mosby Letter to City dated 10/10/90) 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.) 90.244 90.244 90.245 90.246 90.028 90.133 OCTOBER 24, 1990, REGULAR CITY MEETING DOCUMENT LIST ::The..if~llowing is a list of backup materials for each item in ..the agenda packet and notation for those agenda items with no backup. 10/24/90 Agenda A. Non-Agenda Items Peter Vallone - Questions Concerning Telephone Log for 1989 Leonard Bassi - Questions Concerning Telephone LO~ for 1989 1. Vallone Agenda Request Form 2. Bassi Agenda Request Form 3. City Telephone Logs - May through September 89 George Metcalf - Road Pavi~ Requirements in the City of Sebastian 1. Letter dated 10/18/90 2. Memo from IRC PW Director dated 10/15/90 9. CONSENT AGENDA ~ of Minutes 1. 10/10/90 Regular Meeting (Manager & Council Only) Bid Award - Golf Course.- ~yegrass Seed - Sunbelt Seeds, Inc. - Norcross, GA - $3,900 1. Staff Recommendation dated 10/16/90 2. Bid Tabulation Form C. Request for Use of Yacht Club - Pelican Island ~ - Club MembershiR Night - 10/27/90 - 8 ~.m. to Midnight - A/B - Permittee Stan Dillahay DOB 4/16/63 - Securit~ on File 1. Application 10. PRESENTATIONS Architects' Design Group - Design Development Report for Police Station 1. City Manager Recommendation dated 10/17/90 2. Chief Petty Memo dated 10/18/09 (Report from ADG Inc. Under Separate Cover) 11. COMMITTEE REPORTS/RECOMMENDATIONS 90.247 90.248 90.227 90.240 90.198 90.249 12. 13. A. PLANNING & ZONING COMMISSION Reappointment of Shirley Kilkell~ - Three Year Term - 11/90 to 11/93 1. P & Z Memo dated 10/5/90 2. Letter from Kilkelly dated 10/4/90 Report on Chesser's Gap Preliminary Planned Unit Development 1. Staff Recommendation dated 9/18/90 2. P & Z Memo dated 10/15/90 3. P & Z Minutes dated 10/9/90 4. Sequence of Events Re: Chesser's Gap PUD (Plan Under Separate Cover) OLD BUSINESS City Manager Contract Extension 1. City Manager Recommendation dated 10/17/90 2. City Manager Memo dated 10/18/90 3. Vincent Resignation dated 4/26/90 4. Vincent Resume 5. Airport Manager Employment Agreement 10/20/82 6. Section 481.229 FS 7. Lewis Engagement Letter 5/10/89 8. Standard Fee Schedule for Architectural Services 9. Letter from Rondeau dated 10/17/90 - Placed at His Request Bid Award - Barber Street Sports Complex Dugouts and ScorekeeDer Booths - ~ Custom Builders, Inc. - $38~741.06 1. City Manager Recommendation dated 10/14/90 2. City Manager Memo dated 10/15/90 3. Bid Tabulation Form NEW BUSINESS A. ORDINANCE NO. O-90-10 - Alcoholic Beverages - Hours of Sales 1. City Manager Recommendation dated 10/16/90 2. O-90-10 ORDINANCE NO. O-90-14 - Convenience Store Security 1. City Manager Recommendation dated 10/17/90 2. Attorney Letter dated 10/15/90 3. O-90-14 2 90.250 90.251 90.252 90.016 90.253 90.254 ORDINANCE NO. 0-90-14 - Rezonin~ Tract A - Unit 14 - S/H - RS-10 to C 512 1. Staff Recommendation dated 9/19/90 2. P & Z Memo dated 10-5-90 3. 0-90-11 4. Map RESOLUTION NO. R-90-42 - Little League Lease 1. City Manager Recommendation dated 10/16/90 2. R-90-42 3. Proposed Lease (Location Plan Under Separate Cover) Utilization of Main Street Field ~ L~ City Manager Recommendation 1. City Manager 2. Recommendation dated 10/17/90 3. City Manager Letter dated 10/17/90 RESOLUTION NO. R-90-43 ~ Golf Course Concession A~reement 1. City Manager Recommendation dated 10/17/90 2. R-90-43 3. Concession Agreement A_p_Drove Yacht Club ~ Lot Resurfacing and Stripping Plan 1. City Manager Recommendation dated 10/16/90 (Mosby Plan dated 10/11/90 Under Separate Cover) 17. CITY MANAGER MATTERS R_~ort on Chesser's Gap Water Service 1. City Manager Recommendation dated 10/16/90 2. GDU Betschart Letter dated 10/4/90 3. Mosby Letter to IRC dated 10/10/90 4. IRC Pinto Letter dated 9/11/90 5. Mosby Letter to City dated 10/10/90 3 SEBASTIAN POLICE DEP,, T, MENT Earle L, Petty, Chief of Police MEMORANDUM Office of the Chief Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 mmJllll JL DATE · October 23, 1990 TO : THRU : FROM : SUBJECT : Mayor W. E. Conyers and City Coun. c~l Robert $. McC]ary, City Manager Chief Earle Pet(~ Halloween Schedule A recomnendatIon has been made by both State and Locai Health Departments to change Halloween Trick-or-Treating to Saturday, October 27, 1990, between the hours oF 3:00 and 5:00 P.N., so youngsters can avoid the dusk hours when the encephalitis carrying mosouitoes are most active. This, of course, is only a recommendation by Indian River County and is not a mandated restriction. I would suggest that the City oF Sebastian follow the same guidelines For trick-or-treating within the City. EP/ave commander i It. office --r break room detectives work area interview staff toilet staff toilet / office It. office records female cker room ~ ~ · dispatch ......... ~~h~,Li!....:,///..i_ t ,.:~/files --~['~--~ ~',,,// ' / secretary = ~chief~office "~. I )¢ ,-L ~ Innge~d"tlu' " ~ " ~" --- I ~~ ~ ~/=- ='~ / victim I~ ' ~ ~..~ I~'- ~ · AGENDA DATE REQUESTED: DATE SUBMITTED TO CLERK'S OFFICE: DEPARTMENT: AGENDA ITEM REQUESTED: ............... DATE MATERIAL SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY LEGAL DOCUMENT, ORDINANCE, RESOLUTION, ETC. SIGNATURE OF REQUESTING AGENCY (IF CITIZEN, NAME, ADDRESS, AND 3 ,z ~ r~ ~-' I~ ,~ ~,, ~ )· -e 2~-~' ~~7~ ,,.~ ,, ) * If this request has not been reviewed by appropriate staff it may be deferred to a later date REQUEST FOR FILING AGENDA ITEM AGENDA DATE REQUESTED: DATE SUBMITTED TO CLERK'S OFFICE: DEPARTMENT: AGENDA ITEM REQUESTED: DATE MATERIAL SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY LEGAL DOCUMENT, ORDINANCE, RESOLUTION, ETC. SIGNATURE OF REQUESTING AGENCY (IF CITIZEN - NAME, ADDRESS AND PHONE NUMBER ) , / IF THIS REQUEST HAS NOT BEEN REVIEWED BY APPROPRIATE STAFF IT MAY BE DEFERRED TO A LATER DATE. FROM: TO: City Manager, Mr. McClary Mayor W.E.Conyers Vice Mayor Oberbeck Councilman McCollum Councilman Powell Councilman Rondeau ~ George N. Metcalf~~ 425 Pine Street Sebastian, FL. 32958 Date: 18 October 1990 SUBJECT: Road Paving R~quirements in the City of Sebastian. I wish to express my concerns for the durability of our rebuilt and repaved streets in the City. It was this concern that caused me to ask Mr. James W. Davis, P.E. IRC Public Works Director, to outline the specific county requirements for Collector Roads. A copy of his response is attached. The county requirements are consistent with DOT "Green Book" design standards and density testing is done in conformance \ with the American Association State Highway Officials (AASH~.~ A review of the design drawing of the Main Street realignment project, a Collector Road, and the county specifications are compared in the following table. IRC Surface: 1½" asphalt 8" lime rock or coquina Base: Subgrade: 12" stabilize to 98% Surface: 24 ft. Sand Lake Park Surface: 1" S-1 asphalt Base 6" Subgrade 8" SEBASTIAN 1½" asphalt S-1 6" lime rock or coquina 6" stabilize to 98% 24 feet Mr. Davis stated that Industrial areas subject to traffic by heavy vehicles should have the requirements upped to: Surface: 2" asphalt Base: 8" lime rock Subgrade: 12" stablized The discrepancy between the requirements of the City and those of the county may account for the difference between the bids of two local bidders and other bidders who used the state stand- ards and strict inspection procedures. Review of other projects in the City are as follows: ¥~ck,,er's Groye Marchesky Indust. PK. 1½" 6" 6" 1 2" 6" it should be pointed out that the durability of a roadway is in the base and subgrade. Asphalt does no more than seal the surface. It has no strength. INDIAN RIVER COL~PI~Y, FLORIDA MEMORANDUM DATE: SUBJECT: George Metcalf James W. Davis, P.E. ~la~ Public Works Director October 15, 1990 Collector Road Paving Requirements Please be advised that Indian River County requires the following Collector Road Paving specifications: 12" Stabilized Subgrade - FBV 7S compacted to 98% Max Density (AASHTO T-180) 8" Limerock or Department of Transportation approved Coquina Base - 98% Density Primed Type 1 Department of Transportation Asphalt Ail Collector Roads should be 22' - 24' wide. \blp metcalf.jwd City of Sebastian POST OFFICE BOX 780127 Cl SEBASTIAN. FLORIDA 32918 TELEPHONE (401) 589-~330 FAX 407-589-5570 SUBJECT: Bid Awarded for Ryegrass Seed Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda Of _ 10/24/90 Exhibita:B±d Tabulation EXPENDITURE REQUIRED: $3,900. AMOUNT BUDGETED: $7.,000. APPROPRIATION REQUIRED: SUMMARY STATEMENT Five (5) bids were received for 5,000 pounds of ryegrass seed consisting of 50% Citation II and 50% Delray or a suitable substitute. The lowest bid was from Sunbelt Seeds, Inc. of Norcross, Georgia using a substitute of 50% Palmer and 50% Prelude apron treated with no noxious weeds. This particular seed was used at the golf course last year on the practice green with excellent results. RECOMMENDED ACTION Move the bid for 5,000 pounds of ryegrass seed be awarded to the lowest and best bidder, Sunbelt Seeds, Inc.,of Norcross, Georgia at a cost of .78¢ per pound for a total of $3,900. O~ H~, 0 0 o u~ 0 0 (D *,-I ¢) I::;n . ITY OF SEBASTIAN RENTAL PERMIT APPLICATION COMMUNITY CENTER YACHT CLUB Number of Persons constituting group or organization: Reason fo~,Rental Please answer YES or NO: 1) Are kitchen facilities required? hO 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be an admission or door charge? 5) Will alcoholic bevsrsge~ be served? (a) If answer to ~5 is yes - ~ , pe~mittee's proo~ o~ age FL brL~¢ra (h) If alco,,oi is to be served, permission is required b~ the '~6 ~/l~l~$ City Council. Your~equest will be pre~ented to Council Security Deposit: $ ~ Total Rental: Make checks payable to: CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE S urit Deposit paid on ~/~0 (date) in the amount of Yd- by Check ]{~_~ or Cash initial Rental Fee paid on .by Check (date) in the amount of or Cash initial Alcoholic Beverage Reguest heard at the Council Meeting on (date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check amount of on in the (date). Amoun~ k-mt for damages (if applicable). \ws-form\l~.,~'.-m, City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: Police Station - Design Development Phase Approved For Submittal By: city Manager Agenda No. Dept. of Origin: City Manager Date Submitted= 10/17/90 For Agenda Of: 10/24/90 Exhibits: - Report From Architects Design Group, Inc. -Chief Petty Memo Dated, 10/18/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED &PPROPRI~%TION REQUIRED: STATEMENT Architects Design Group, Inc., the architects for the new police station have submitted their design development report. Additionally, Chief Earl~ L. Petty, Jr., has submitted a report outlining his recommendations on the use of the Ambulance Building. Representatives of Architects Design Group, Inc., will be present at the October 24, 1990 city Council Meeting for a presentation of the design development phase report. RECOMMENDED ~CTION Move to approve the design development report and authorize the architects to begin the construction documents phase. SEBASTIAN POLICE DEPARTMENT III I II III I I I Earle L. Petty, Chief of Police II III J l III Office of the Chief Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 I MEMORANDUM DATE TO THRU FROM : October 8, 1990 : W. E. Conyers, Mayor & City Council - Robert S. McClary, City Manager/(,~ : Chief Earle Pett~ This would also give expansion, such as the should the need arise. The vehicle bay area has three storage rooms that could be used to store police eauipment, such as uniforms, leather, helmets, office supplies and records no longer needed in the records room. This would give us more space in our present facility and hetp with the storage situation in the new building when it is completed. Even after we are in the new facility, this could continue to be used as an equipment and supply issue area, which are not included in the plans for the new facilJ, ty. The kitchen, dining room area could be used as a classroom/training room for in-servJce traJn].ng, meetings for the Community Service Programs and the Neighborhood Crime Watch Programs. This would be used on a temporary basis only until completion of the new facility at which time the training section would go to the new building. us some flexibility in the future for records section or investigative unit, SUBJECT : Use of Ambulance Building After a walk through inspection of the ambulance building on September 28, 1990, with Larry Napier and James Judge, and instructions from City Council on October 3, 1990, to submit ideas on possible uses of the ambulance building for the police department, I forward the following recommendations: 1. The vehicle bay area could be used as the Physical Agility Room. At the present time this room is planned for inclusion ~.n the new police station. By using the ambulance building for this function it would give Architects Design Group, Inc. some additional space in the new police station to include a class room for training. This area could handle a larger number of people than the muster room and training could be conducted' uninterrupted even during shift change. . E. Cony. City Page Two 4. The office space in the ambulance building would continue to be used - _'. as.such. One office would be assigned to the Training Sergeant (This is not a new position, just an additional duty). This would allow the training sergeant room for his training materials and equipment and still be in close proximity to the classroom/training area. This office could also be used to set up a legal and training llbrary for the officers use. The second office could be used by the School Resource/Community Service Sergeant (again this is not a new position, just an additional duty), and any civilian volunteers that we may be able to recruit for this worthwhile program. The ambulance building has two complete bathroom facilities including showers. They would be designated male and female and could be utilized by the officers after working out in the agitity room. These facilities would also be available for both officers and citizens who may be using the classroom/training area. 7. Some renovation of the building would have to be considered: A. A screen for the vehicle bay doors so they could be opened for ventilation when the physical agility room is in use. Be Consider walling in the bay doors and putting air-conditioning in the vehicle bay area. This would prOvide more security for the building and make this area more usable should the need arise. phone line for the two offices to include the telephone equipment. D. New locks for building. To begin using the ambulance building for the programs mentioned, we would need to purchase some furniture and equipment; such as tables, chairs and a blackboard for the classroom. File cabinets, a book case and several chairs for the two offices. I reviewed the matter with Mr. Keith Reeves, Architects Design Group, Inc. and he made some changes in the design development floor plans that elimi- nated the physical agility room, replacing it with a classroom/training room. As we progress with this project I will provide you with a more detailed written recommendation on the furniture and equipment needed. EP/ave (~ Southern'Bell "~ ~/~ A ~/7~ Company Account Number: Bill Date: ~,07-589-5233 , Sep 19, 1989 Page 3 Calling Card Calls for 40%589-2512 Date Place Cal~d' IVumberCalled 16':::.Au0.22 BOSTON"::;!ii,i;;:;i:;::'i'NA 617'58g;O18q "' FR BROOKLiNE'i HA 6i7 731;8681 17, AUG '25 SEBASTIAN FL /107 58g'5233' FR STUART FL 407 287-9636 18. SEP,.:16 SEBASTIAN::.:.:.:..:,.FL.407 589-5233 · '" :: :! i!i:: 'FR HIAH! ':;iii'i?,.FL 305 302-2623 19, SEP 17 SEBASTIAN:';:::: FL 407 589-5233 FR FT PR FL /107 /165-9858 *Rate Time Min. DC :: 3~4P~ ~:'::ii:.~. Dc 3~-~P. 2 AMOUNT , Tt 1 · NC. 858PH. I .::' ....... . :''.93 NC .... lq3PM :'1 ,' :i:':: 'i" i. 87 20. SEP 17 SEBASTIAN FL 407 589-6277 NC 1/15PH I .87 -:::~:i:i:!':iii~:::i~ :i,: :: i~~ :i~.,~ , '. :, ~+ 'i/!::; :,' TOTAL FOR /107 58g-2.512 /1,5.5 '' *Rate Applied - See Back of Page HV 059/176 (cont I nued))~ Account Number: 401-sBg-57-$k. SeP 19, ,19B9  Bill Date: psge B I CI Calling Card Calls for 407'5-g-~'25!2~' (" *Rate T~'e Min. Date Place Called-- " N~ber Called ;..96 ~:',' .MA 617 925~56~6 ' EG iO00PM 1 ~ .'::: ., ::: i ';.:"AUG: 17 ~,,:....: FR SEBASTIAN FL ~07 589'2189 ' ' - ~A 6~ ~30-6~2s oc 3~5P~ 3.6q 22 BROOKLINE 7 589'2189 ' ' 22 BRooELINE.'.. ["<' . 07 589;2189 ' Tax~,FiCid`,,or ~rosS Receipts surcharg Sub,Ota' ' ~he~ Il ~o connexion Thl~ potion of ~our btit is provided ~ ~ ~e~l~ between Southern Bail and MCI- HV 059~76 eRaSe Applied ' see Bsck ot page AT&T Account Number: Bill Date: h07-589-5330 915 Aug 19, 1989 Page 13 -i:::AMOU NTi:i .ii!i::iii::l Direct Dialed Calls for 407-589-1133 ' Date Place Called Number Called *Rate Time Min. i::i~ i~ ~jU~ii::i'§ii~SH~t6'~i' i::i:: b~ ii~b~..:~ii'.8:~2~6q0~!::::::ii::!Dii?.::i::ii:'i::ii::':i'.~5~H'!'::::i::::ii::~:ii'i':?:::i::i i:?,i'.i::?i:i:?iiiii:!il ....... D i ::::::::::::::::::::::::::::::: 118, dUL 28 ~ASHINGTON DC 202 822-fik00 D 910AH 2 ,~8 ..~19~..dUL: 3~:~ASHINBTON.:::: ::'DC::202:822~fik00 ..... D .......... '21fiPH:.:-:.:-:1~::::::::: . ...... {~'~0~ XO~::~~ ~X~'"':i::~'~'ON:~ ~ ~:6~ ~i'02~227'"0'6:: D~{~::~ ~P'~::-~:.:.~::::?:?:?:~?:~::, 122. AUG 9 BROOKLINE MA 617 73~-q13q D 131PM 3 ~ .7~ 123. AUG 9 HULL HA 617 92~-56~6 D 13~PH 2 ....................... ,,. ,.~,~...-...,..,.,.,,, ,,... ,., .... - , .,, ,:,;.;.:,;,~ ~.'.,:.~ ~.~ ~,~: ~ ~ ~ ~ '. ::::::::::::::::::::::::::::::::::::::::::::::::::: ~'.~ ~:::'. '.:::::: ~:: :~:[:~:~: ?~??~?~:~:~:~ ~: ~ ~ '. '.::::::: '. :?: ??~:~:~ ::~:~:~:~:~:~ ~:~ ~ ~ ~: S U b ~ O [ a #Rate Applied - See Back of Page HV 059521 (eont Dircct 126. 127, ,1~6, :: 129. 1'130. 131. 152. ii:133.. ~--~- 136 .'.137~ .::i39.' 140. 1141, 142, 145, 146. Dialed Calls for 407-589-1 Date Place Called .^¥19 HAY 22' HAY 22 HAY 214 HAY 214 HAY 26 HAY 26 HAY $1 WASH NOTON ::.DC WASH NGTON DC WASH NOTON DC WASH NGTON DC WASH NGTON :....DC WASH NGTON '!:!. DC · WASH NGTON 'DC WASH NGTON DC JUN 1 WASH NGTON DC JUN S ~iTT§BUROH PA JUN ..5 LEXINGTON .. MA JUN .5 BROOKLINE ~"MA / JUN 5 BROOKLiNE [..H.A_ JUN: .5 PITTSBURGH :~:-PA jUN :i5 DAY;i'ONAB~:H ': :,::i' FL JuN 6 WASHINGTON DC JUN ? WASH I NGTON DC JUN 12 WASHINGTON DO JUH 114 DALLAS "· TX JUN 1.5 TALL'AHASSE : FL JUN i.5 WASHINGTON DC JUN 16 ORLANDO FL JUN 16 WASHINGTON .;'DC TOTAL FOR 1407 [}89-1133 133 Number Called *Rate Time 202 822-6400 O '' ~01.SAM 202 202 202 2O2 202 202 2O2 2O2 1412 617 617 617 412 904 202 202 202 214 202 407 202 822-6h00 D 136PH 822-6h00 O 252PH 822-6h00 O 1127AH 822-6400 D .. 427PH 822-6400 D?:''' 2[}2PH 822'6400 O ': "330PH 822-6400 O 139PH 822-6400 D 223PH 241-489~ D · 805AH 862-6222 D ': 1023AH 735;"13-i--) D 1025AM 735-~]3q O 1026AH 244-h502 ,.B .,..1033AM 672~7gq0 822-6400 822-6400 822-6400 969-1984 [}74-1207 822-6400 648-6[}83 822-6400 3~;82 ': D' :,:':i037AH D 1128AH D 238PH D 1018AH D 350PH D '840AH D 320PH D 258PH O 346PH sUbtotal· ANIOUNT TOTAL -°2.5 1,76 .73 .97 6.26 2~12 .73 .36 FaC Min. 18 2 2[} 18 7 8 1 #Rate Applied - See Back of Page HV 059700 (contlnued))~ Account Number: Bill Date: Sep 19, Page '17 AMOUNT Calling Card Calls for Date Place Called Number Called *Rate Time Min. SEBASTIAN ::.:.: '":FL /407 589;5233 i:' NS : ::.::: ' FR ORLANDO';~ii:'. FL /407'8~5i.;97143 'i:..:i':: ?:':1 ..' ~,uG "'~7: /;"~ili::A~Gi SEBAsTiAN "'':' FL tiOT~_____~_Bg':-2"~9'~ ES Io,TPM ti 2.37 FR HULL ' MA 617 925-;-5'~T4-6''' 3. AUG 17 SEBAST AN:..,'i ........ FL /407 589-6632 ES 1021PM .11.,,. .... ~ ...... :': 3./45 · i'::: :!:::. ::.':: : FR HULL ":i!!.i:;!;': HA 617 '925'56/46 ':! : :' h ;: ;; AUC~ 1'7 SEBASTIAN::i:'i:i:: FL /407 589'i135":"~i~S::::;1033PMi'15 FR HULL i HA 617 925-5646 "~: 5, AUG 17 SEBASTIAN FL 0,07 58g-2189 ES 1050PM 5 2.52 : +':' .!'. ~. '": ~ ::' FR HuLL: .i:i'.: :i: MA 617 925.5646 :il i:::::'' ::.::ii'": .i ::::"::::":ii'' !i:i: ?: i '. ::: '' i '. : :':::iiii:i:i:,i!i!::i'.: :':':,::;'.: : 6; AUG:'i? SEBASTIA~' ':: FL 407 58928611: ':ES :'i056PM:i::':1'5:i::':'::::: i .... ..... ' FR HULL '":" HA 617 925-56h6' .... ' ' ':":: L ..... ~ ............... subtota I T~?es :::'.i: ' :.:: i:': :: i,:', ':,: ,:: !.i:' .... - ...... ...... ' ;'.:'. ........ 7. Florida Gross Receipts Surcharge .26 17.07 Subtotal .26 ::.::.; ::.:: ~ i Us s~rint Cur~*"~I Ch, argos' ':: :: ~: :i :'::: ::~:::. ?:~i ~ :i::"i :.; :: :. ::ili~::;::':!i!~:.:::i~,'~:.:::,:: ~::'.:ii?,'.'.'.':..'>:i:i ..:.. :....-:.;:/:. '.?.~' .... ; .~ : ','/ .... ~ ::' :.. ~ :~::~: :::::::::::::::::::::::::::::: Thb poAi0n or Y0u~ bill b provided ,~, ~i~ t~ US Sprint. Thor, I~ n0 ~nedl0n between Southern Bell ~nd US Sprint. .Rate Applied - See Back o~ Page HV 0~9~76 (con~lnued)~ City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE: OCTOBER 5, 1990 TO: FROM: MAYOR AND CITY COUNCIL LINDA KINCHEN /_~' PLANNING AND ZONING SECRETARY THROUOH: BRUCE COOPER DIRECTOR OF COMMUNITY DEVELOPMENT RE: REAPPOINTMENT OF SHIRLEY KILKELLY PLEASE BE ADVISED THAT ON OCTOBER 4, 1990 THE PLANNING AND ZONING COMMISSION REVIEWED A LETTER OF REQUEST FOR REAPPOINTMENT FROM SHIRLEY KILKELLY WHOSE TERM EXPIRES IN NOVEMBER OF 1990. A MOTION TO RECOMMEND TO THE CITY COUNCIL THAT MRS. KILKELLY BE REAPPOINTED TO ANOTHER THREE YEAR TERM WAS MADE BY FULLERTON SECOND BY MR. THOMPSON AND PASSED UNANIMOUSLY. MRS. KILKELLY'S LETTER OF REQUEST ZS ATTACHED, SHOULD YOU HAVE ANY FURTHER QUESTIONS, PLEASE FEEL FREE TO CONTACT OUR OFFICE. K:LK October 4, 1990 Planning & Zoning Commission City of Sebastian 1225 Main Street Sebastian, FL 32958 To the Members: Re: Reappointment to Commission My term as a member of the Planning & Zoning Commission expires next month, November 1990. It has been my pleasure to serve this term with you, and so I would appreciate the opportunity to continue to serve for the next three years. Therefore, I request your recommendation to City Council for my reappointment. Thank you. Sincerely, Kilkelly / City of oeebastian POST OFFICE BOX 180127 o SEBASTIAN. FLORIDA 32978 TELEPHONE (40?) 589-5330 FAX 407-589-5570 SUBJECT: REPORT ON CHESSER'S GAP PRELIMINARY PLANNED UNIT DEVELOPMENT Approved For Submittal By: City Manager ~~ Agenda No. Dept. Origin Community Development (BC) Date Submitted 9/18/90 For Agenda Of 9/24/90 Exhibits: Memo dated 10/15/90 from P & Z Minutes from 10/9/90 P & Z Meeting Sequence of Events Concerning Chesser's Gap EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Within your packet of exhibits is a sequence of events concerning Chesser's Gap P.U.D. The applicant has submitted their Preliminary Development Plan for the P.U.D. and Planning & Zoning Commission has recommended approval subject to certain conditions (refer to minutes of Planning & Zoning). Staff at this time is just presenting this ~gport from Planning & Zoning Commission for your review and will defer any discussion until the November 7, 1990 City Council Workshop Meeting. Subsequently, approval can be accomplished on the November 14, 1990 City Council Meeting. RECOMMENDED ACTION Defer discussions of Chesser's Gap P.U.D. to the November 7, 1990 Workshop Meeting. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 DATE: OCTOBER 15, 1990 TO: MAYOR AND OTTY COUNCIL FROM: LZNDA KZNCHEN~T PLANNING AND ARY THROUGH: ~RUCE COOPER DIRECTOR OF 0OMMUNZTY DEVELOPMENT RE: PRELIMINARY PLAT APPROVAL - CHESSAR GAP PLEASE BE ADVISED THAT ON OCTOBER 9, 1990 THE PLANNING AND ZONING COMMISSION REVIEWED THE ABOVE PLAT AND RECOMMENDED THAT IT BE APPROVED SUBJECT TO CONDITIONS. A MOTION TO RECOMMEND TO THE CITY COUNCIL THAT APPROVAL BE GIVEN TO THE PRELIMINARY PLAT FOR CHESSAR GAP WAS MADE BY THOMPSON WITH A SECOND BY MRS, O'CONNOR PASSED UNANIMQUSLY, THERE WERE ALSO TWO AMENDMENTS TO THE MOTION WHICH PASSED UNANIMOUSLY. Z HAVE ATTACHED STAFF'S RECOMMENDED CONTINGENCIES WHICH WERE A PART OF THE MOTION AS WELL AS A COPY OF THE MINUTES WHICH SHOWS THE ADDITIONAL AMENDMENT CONTINGENCIES, SHOLILD YOU NAVE ANY FLIRTHER ©LIECTIONS, PLEASE FEEL FREE TO CONTACT OUR OFFICE. LK: LK PLANNING AND ZONING COMMISSION SPECIAL MEETING MINUTES OCTOBER 9, 1990 VICE CHAIRMAN WADSWORTH CALLED THE MEETING TO ORDER. PRESENT; MR. FULLERTON, MRS. KILKELLY, MR. THOMPSON, MR. SHROYER,ALTERNATE, MR. WADSWORTH, MR. LINDSEY,ALTERNATE MR. MAHONEY, MRS. O'CONNOR. ABSENT; MR. KRULIKOWSKI, EXCUSED ALSO PRESENT; RICK TORPY, ASSISTANT CITY ATTORNEY, LINDA KINCHEN, SECRETARY , BRUCE COOPER, DAVID FISHER ANNOUNCEMENTS; NONE BRUCE COOPER SPEAKS FIRST AND INDICATES THAT THE OWNERS ARE LOOKING FOR AN APPROVAL TONIGHT IF THE COMMISSION HAS ENOUGH INFORMATION TO GIVE ONE. RANDY MOSBY, ENGINEER SPEAKS FOR THE APPLICANT AND STATES MR. WARREN DILL THE APPLICANTS ATTORNEY WILL GIVE A BRIEF OVERVIEW OF THE PROJECT, RANDY STATES THAT DUE TO THE INFRASTRUCTURE OF DRAINAGE, WATER AND SEWER THERE WILL BE ONLY 33 ACRES IMPERVIOUS AND 25 ACRES OF OPEN SPACE A CONSIDERABLE REDUCTION FROM THE CONCEPTUAL PLAN. MR. THOMPSON GIVES SOME GENERAL STATEMENTS AND COMMENTS. MRS. KILKELLY ASKS REGARDING FIRE FIGHTING CAPABILITIES AND MR. MOSBY ASSURES HER THERE WILL FiRE HYDRANTS FOR THIS CAPABILITY. MR. SHROYER STATES THAT ON PAGE 1166 OF THE CODE HE READS IT TO SAY BIKE PATHS MUST BE ON BOTH SIDES OF THE ROAD. THERE IS CONSIDERABLE DISCUSSION ON THIS AND STAFF RECOMMENDS ONLY ONE SIDE HAVE BIKE PATHS. MR. MAHONEY ASKS IF THE LIGHT INDUSTRIAL WILL REQUIRE A PUBLIC HEARING SINCE THEY ARE ALL CONDITIONAL USES. BRUCE STATES IF THE ATTORNEY DETERMINES THAT TO BE THE CASE, THEN THEY WILL BE HELD WHEN THE INDIVIDUAL SITE PLANS ARE SUBMITTED, MR, MAHONEY QUESTIONS THE UNDERLYING ZONING AND WHAT IT WAS RECESS WAS CALLED AT 5:a5 P.M. BACK TO ORDER AT 5:50 P,M. ALL PRESENT MRS. O'CONNOR SUGGESTS THAT MORE HANDICAPPED SPA~ES BE PROVIDED, RANDY AND BRUCE STATE THE PLAN CURRENTLY' MEETS CODE/~/'.2~U PLANNING AND ZONING COMMISSION SPECIAL MEETING MINUTES OCTOBER 9, 1990 PAGE TWO BUT THAT SHE SHOULD EXPRESS HER FEELINGS WHEN THE INDIVIDUAL SiTE PLANS COME THROUGH FOR EACH TRACT. MR. FULLERTON ASKS IF WAVE STREET EMERGENCY ACCESS CAN HAVE SOME SORT OF PEDESTRIAN CROSSING FOR THE BICYCLISTS. SECRETARY ANNOUNCES THAT MR. LINDSEY WILL BE VOTING FOR STAN SINCE MR. SHROYER VOTED AT THE SEPTEMBER 20, 1990 MEETING. MR. THOMPSON MADE A MOTION THAT WE RECOMMEND APPROVAL OF THE APPLICATION FOR PRELIMINARY DEVELOPMENT PLAN FOR SEBASTIAN BFT AT CHESSAR GAP SUBJECT TO THE STAFF COMMENTS CONTAINED IN THE HANDOUT NUMBERS ONE THRU FIVE AS LISTED BELOW AND AS A MINIMUM THAT TYPE A BERM AND LANDSCAPE BE PROVIDED SUBJECT TO PRACTICALITY. 1) 'ALL IMPROVEMENTS, AS OUTLINED IN THE TRAFFIC STUDY TO COUNTY ROAD 512 (TRAFFIC LIGHT, RIGHT TURN LANE AND LEFT TURN LANE) WILL BE CONSTRUCTED BY THE APPLICANT IN ACCORDANCE WITH INDIAN RIVER COUNTY'S REQUIREMENTS. THIS DOES NOT PRECLUDE INDIAN RIVER COUNTY FROM REQUESTING MODIFICATIONS OR ADDITIONS TO THE IMPROVEMENTS. 2) APPROVAL OF THIS PRELIMINARY DEVELOPMENT PLAN AUTHORIZES THIS APPLICANT TO: A.) CONSTRUCT ALL REQUIRED STREET, ON-SITE STORMWATER TRACTS, STREET LIGHTING, AND ALL OTHER IMPROVEMENTS TO FLEMING STREET/VOCELLE EXTENSION AS INDICATED ON THE PRELIMINARY PLANS DATED 1-18-90. B.) CONSTRUCT THE EMERGENCY ACCESS FROM THE WESTEND OF THE PROJECT TO CONNECT WITH WAVE STREET IN UNIT 6. C.) ONCE THE ABOVE IMPROVEMENTS HAVE BEEN COMPLETED AND CERTIFIED BY THE APPLICANT'S AND CITY OF SEBASTIAN'S ENGINEER, A FINAL PLAT WOULD THEN BE SUBMITTED FOR APPROVAL IN ACCORDANCE WITH SECTION 20A-4.11 OF THE LAND DEVELOPMENT CODE. 3) NO FINAL PLAT SHALL BE FILED NOR APPROVED UNTIL CENTRAL WATER AND SANITARY SEWER HAS BEEN CONSTRUCTED AND APPROVED BY THE APPROPRIATE AUTHORITY HAVING JURISDICTION. THE PLANNING AND ZONING COMMISSION IS RECOMMENDING A WAIVER TO SECTION 20A-4.1(3)(B)(2) CONCERNING ARCHITECTURAL DESIGN SUBJECT TO ALL INDIVIDUAL LOTS MUST SUBMIT FOR SITE PLAN REVIEW IN ACCORDANCE WITH ARTICLE 10 OF THE LAND DEVELOPMENT CODE. THIS WILL ENABLE PLANNING AND ZONING TO REVIEW AND COORDINATE SAID STRLFCTURES TO PLANNING AND ZONING COMMISSION SPECIAL MEETING MINUTES OCTOBER 9, 1990 PAGE THREE PROVIDE A PLEASING AND HARMONIOUS OVERALL ENVIRONMENT AS OUTLINED IN SECTION 20A-10.2(B). 5,) EACH SITE PLAN SUBMITTED INDICATING SEPARATE OWNERSHIP FROM THE ORIGINAL APPLICANT, MUST SUBMIT AGREEMENTS, COVENANTS, CONTRACTS, DEED RESTRICTIONS, OR SURETIES ACCEPTABLE TO THE CiTY TO BIND THE DEVELOPMENT WITH ALL COMMITMENTS OUTLINED IN THE PRELIMINARY DEVELOPMENT PLAN, SECOND TO THE MOTION BY MRS. O'CONNOR. AMENDMENT ONE TO THE MOTION MADE BY HRS. KILKELLY REQUESTS THAT THEY ADD THE FLANGIBLE BARRIER TO THE EMERGENCY ACCESS SECOND BY MR, THOMPSON, AMENDMENT TWO TO THE MOTION MADE BY HR. HAHONEY THAT APPROVAL BE SUBJECT TO ATTORNEY OPINION RE- 231B LAND USE DESIGNATION AND CONDITIONAL USE PUBLIC HEARING NECESSITY SECOND BY MRS. O'CONNOR AMENDMENT TWO PASSED UNANIMOUSLY WiTH MR. LINDSEY VOTING FOR MR. KRULIKOWSKI AMENDMENT ONE PASSED UNANIMOUSLY WITH MR. LINDSEY VOTING FOR MR. KRULIKOWSKI HAIN MOTION PASSES UNANIMOUSLY WITH HR. LINDSEY VOTING FOR MR. KRULIKOWSKI MR. FULLERTON AND MRS, O'CONNOR LEAVE AFTER THE VOTE IS TAKEN HEETING CONTINUES FOR A FEW MINUTES 1'0 ASK QUESTIONS OF ATTORNEY TORPY. MEETING WAS ADJOURNED AT 6:30 P.M. ~N W, DILL BER OF; DRIDA ItOMING BAR · 'nRASKA BAit, WARREN W. DILL, P. A. ATTORNEY-AT-LAw Chesser's Gap PUD(C) Approval Process Sequence of Events February 25, 1987 · city Council adopts Ordinance No. 0-87-09 zoning the Chesser's Gap p~operty Commercial Planned Unit Development PUD(C) . city of Sebastian Land Development Codes § 20A.4.9E.3(i) and § 20A-4.10 A. (page 247) requires the Preliminary Development Plans to be submitted for approval within eighteen (18) months from the date of the ordinance rezoning the property to PUD(C). The time limit of 18 months for submission of the Preliminary Development Plan may be extended by the City Council. November 18, 1987 city Council adopt motion to extend the time for filing the Chesser"s Gap Preliminary Development Plan from August 25, 1988 to eighteen (18) months after city Adoption of Revised Thoroughfare Plan. January 25, 1989 City Council adopts Resolution No. R-88-77 - CR512 and Thoroughfare Plan. This Action establishes a new date of July 25, 1990 for the submittal of the Preliminary Development Plan (18 months after January 25, 1989). July 23, 1990 Preliminary Development Plan for' Chesser's Gap is submitted to the City within the 18 month period as extended by the City Council. October 9, 1990 4:00 p.m. Meeting date set by staff and chairman of the Planning and Zoning Commission to review the Preliminary Development Plan, as per the requirement of § 20A-4.10 D.3 (page 250). Staff Recommendation ' ' 1. All improvements, as outlined in the Traffic Study to .... ~ ........ ~ounty Roa.d:512 (traffic light, right turn lane and left turn lane) will be constructed by the applicant in accordance with Indian River County's requirements. This does not preclude Indian River County from requesting modifications or additions to the improvements. 2. Approval of this preliminary development plan authorizes this applicant to, a. Construct all required street, on-site stormwater tracts, street lighting, and all other improvements to Fleming Street/Vocelle extension as indicated on the preliminary plans dated b. Construct the emergency access from the westend of the project to connect with Wave Street in Unit 6. c. Once the above improvements has been completed and certified by the applicant's and City of Sebastian's engineer, a final plat would then be submitted for approval in accordance with Section 2OA-4.1! of the Land Development Code. 3. No final plat shall be filed nor approved until central water and sanitary sewer has been constructed and approved by the appropriate authority having jurisdiction. 4. The Planning & Zoning Commission is recommending a waiver to Section 20A-4.1(3)(B)(2) concerning architectural design subject to all individual lots must submit for site plan review in accordance with Article 16 of the Land Development Code. This will enable Planning & Zoning to .review and coordinate said structures to provide a pleasing and harmonious overall environment as outlined in Section 20A- ~0.2($). 5. Each site plan submitte~ indicating separate ownership from the original applicant, must submit agreements, covenants, contracts, deed restrictions, or sureties acceptable to the City to bind the development with all commitments outlined in the Preliminary Development Plan. C H E S S g R ' S G A P PRELIMINARY PLAN FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT FOR SEBASTIAN GENERAL PARTNERSHIP B.F.T. PREPARED BY: MOSBY & ASSOCIATES, INC. 1507 - 20TH STREET VERO BEACH, FLORIDA 32960 Au§ust 1990 20A-4.13 PRELIMINARY DF. VF. LOPMENT PLAN LOCATION The proposed Chesser's Gap Commercial Planned Unit Development is located on a tract of land lying approximately 3.5 miles west of U.S. #1 and the Florida East Coast Railroad on the south side of C.R. 512. The site comprises 58.09 acres. PRESENT USE The project site is presently used for agriculture. Land surrounding the proposed development is generally undeveloped residential land, except the land abutting the north property line which is undeveloped commercial. PLANNING OBJECTIVES It is the intent of the Sebastian General Partnership to create a Planned Unit Development containing Commercial, Professional and Light Industrial uses blended together in an aesthetically pleasing format. All buildings will be designed and constructed of the finest materials to compliment the overall project. The entrance and overall site will be landscaped and maintained to present a clean and beautiful experience for the public visiting the project. Specific facilities will include a supermarket, a general merchandise department store, an assortment of specialized retail shops, office complexes and high-tech light industrial units. Efforts are presently being made to include an Elks Lodge and a County Municipal facility. If these efforts fail, then these lands will be used as commercial. It is the overall belief of the developers that the proposed project will fulfill the need for a centrally located shopping facilities for the public. QUANTITATIVE DATA Lot 1 Organization (Elk's Lodge) Total Area Building Area Impervious Area Open Space 2.87 Acres 10,880 S.F. = 8.7% 50,814 S.F. = 40.6% 74,206 S.F. = 59.4% DATA ( continued ) Professional Office .ot 3 Total Area Building Area Impervious Ar&a Open Space Professional Office .or 4 Total Area Building Area Impervious Area Open Space Liqht Industrial ,ot 5 Total Area Building Area Impervious Area Open Space Professional Office ,ot 6 Total Area Building Area Impervious Area Open Space Co~ercial/Retail Total Area Building Area Impervious Area Open Space Jot 7 Commercial/Retail Total Area Building Area Impervious Area Open Space ~ract A Conmlercial Total Area Building Area impervious Area Open Space 3.51 22,500 S.F. = 14.7% 86,880 S.F. = 56.8% 66,015 S.F. = 43.1% 4.44 Acres 30,000 S.F. = 15.5% 96,410 S.F. = 49.8% 96,995 S.F. = 50.0% 17.10 Acres 77,000 S.F. = 10.4% 346,595 S.F. = 46.5% 398,280 S.F. = 53.4% 4.36 Acres 25,600 S.F. = 13.5% 77,546 S.F. = 40.8% 112,374 S.F. = 59.2% = 12.39 Acres = 102,000 S.F. = 18.2% = 411,070 S.F. = 73.2% = 150,420 S.F. = 26.7% 5.63 Acres 37,400 S.F. = 15.2% 176,156 S.F. = 71.8% 69,089 S.F. = 28.2% 1.53 Acres 26,650 S.F. = 40.0% 53,320 S.F. = 80.0% 13,330 S.F. = 20.0% -2- [TATIVE DATA (continued) Tract B Co.u.ercial Total Area Building Area Impervious Area Open Area Tract C Commercial Total Area Building Area Impervious Area Open Area Fleming Street Extension Total Area Impervious Area Open Area = 1.24 Acres = 21,600 S.F. = 40.0% = 43,210 S.F. = 80.0% = 10,803 S.F. = 20.0% = 0.82 Acres = 14,280 S.F. = 40.0% = 28,570 S.Fo = 80.0% = 7,144 S.'F. = 20.0% = 3.68 Acres = 1.12 Acres = 2.56 Acres TOTAL SiTE SUMMARY Total Site Area Total Site Area Less Fleming Street Extension Gross Site (Floor to Area Ratio)FAR = = 58.09 Acres Net Site (Floor to Area Ratio) FAR Total Building Area Total Open Space Total Impervious Area Maximum Building Height Gross Residential Density 54.41 Acres 0.15 Acres 0.16 Acres 8.44 Acres 22.89 Acres 35.20 Acres 35 Feet 9 DEVELOPMENT SCHEDULE Development is expected to begin in January 1991, and be completed in 1996. The project will be constructed in three (3) phases, which will be a continuing, evolving process of cooperation between the City of Sebastian and the Sebastian General Partnership B.F.T. The project will be broken down as follows: -3- JanuarX 1991 to Januarx 1992 This phase will be the construction of the proposed Fleming Street Thoroughfare Extension. In addition, this phase may include the development of the proposed supermarket and some retail shops. The landscaping, overall drainage system, utilities and traffic improvements will be completed during this phase. Phase II January 1991 to June 1994 This phase includes the development of a portion of the proposed Professional Office/Commercial area as well as a portion of Light industrial area. Phase III June 1994 to January ]996 This phase will include the development of the remaining Professional Office/Commercial and Light industrial areas. ENVIRONMENTAL IMPACT STATEMENT No wetland areas exist on the project site. Lakes are to be utilized for stormwater retention. These lakes will be interconnected and protected against direct discharge of surface runoff by utilizing natural drainage concepts. Approximately fourty percent (40%) of the gross site is to be used as grassed areas for runoff. These stormwater managerial practices will have a beneficial impact on the water resources in the area, including the opportunity for groundwater recharge. Landscape buffers will be established to provide both noise and sight buffers. Mounds of earth with tree and shrub plantings will be utilized. The existing vegetation along the east, wes't and south property lines will be maintained as much as practicable. Whenever possible, existing trees within the project will be main- tained. PRELIMINARY DRAINAGE PLAN The drainage system presently consists of a roadside ditch along C.R. 512, and a major drainage ditch along the west property line. The ditch along C.R. 512 discharges into other collector ditches which discharge ultimately into the Indian River. The existing topography of the land is such that nearly all of the rainfall results in pending and eventually runoff into the adjacent ditches. The detention time is minimal, thereby reducing the advantage of recharge of the surficial aquifer. IMiNARY DRAINAGE PLAN (continued) proposed drainage system consists of a complex network of centralized lakes, swales and underground pipes. Best managerial practices include grassed swales, berms around lakes and establish- ment of littoral zone vegetation. ~he design of the stormwater management system will be such that the runoff from a twenty-five (25) year storm will be retained on-site with provisions for an overflow, thus providing a detention time that will allow the collected stormwater to be used to recharge the surficial aquifer and to make provisions for use of the storm- water for non-potable irrigation water, if desired. PUBLIC FACILITY IMPACT STATEMENT A. Wastewater Generation The wastewater system for Chesser's Gap is to be tied in to the North County Wastewater System which is presently under construction. Indian River County has already installed at the project's north west corner of the property. The followinG is the estimated quantity of wastewater generation: Retail Professional Office Light industrial Organizational 175,400 ft2 Total Bldg. Area x 0.1 GPD/ft2 = 17,540 GPD 105,100 ft2 Total Bldg. Area x 0.2 GPD/ft2 = 21,020 GPD 77,000 ft2 Total Bldg. Area x 0.2 GPD/ft2 = 15,400 GPD 10,800 ft~ Total Bldg. Area x 0.3 GPD/ft2 = 3,240 GPD Total Estimated Wastewater 57,200 GPD As you can see from the above calculation, the estimated waste- water flow is based on square footage of the buildings which is a conservative approach to the calculation of the waste- water flows. B. Water Required The planned potable water source for this project is from General Development Utilities. The amount of potable water required is estimated at 57,200 GPD. It should be noted that the above estimated potable water re- quired does not include water for irrigation nor building fire systems. It is intended to use non-potable water for these purposes. -5- Recreation Facilities The Green Areas around the professional office area adjacent to the lakes will be equipped with facilities such as benches and tables for the employees of these buildings. D. Estimated Number of School Age Children There are no developmental units planned for the project, there- fore, no generation of school age children. E. Estimated Property Taxes The estimated property taxes are as follows: Phase I A moderate increase to the tax revenue is expected to result from Phase I. No sales tax revenue is expected from Phase I. Phase II A significant tax revenue increase is ex- pected as a result of Phase II. Taxable values are expected to exceed $10,000,000.00 and bring in tax revenue in excess of $1,000,000.00. Sales tax revenue is ex- pected to top $500,000.00. Phase iii This phase will see the completion of the project with total taxable values exceeding $30,000,000.00 with tax revenues above $10,000,000.00 and sales taxes over $16,000,000.00. TRAFFIC INFORMATION A detailed traffic impact analysis was performed by Motorist Design Data Movement, Inc. of Merritt island. It is recommended that a traffic signal at the C.R. 512 and Fleming Street intersection be installed. Also that an east bound deceleration lane for right hand turns into the project, a west bound left turn lane into the project and a dual exit lane be constructed. A copy of the report has been submitted to the City. SUMMARY One positive impact that the proposed project will have is that it will provide centralization of commercial, professional and light industrial services for citizens of Sebastian. The project will be developed in such a fashion that the City leaders and citizens will be proud to have such a development within their City. -6- City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: City Manager Contract ) Renewal ) ) ) ) Approved Pot Submittal By: City Manager Agenda No. Dept. of Origin: city Manaqer Date Submitted: 10f17/90 ) For Agenda Of: 10/2~/,90 ) ) Exhibits: - City Manager Memo ) Dated 10/18/90 ) ) - Vincent Resignation Memo Dated, ) 4/26/90 ) - Vincent Resume ) - Airport Manager Employment Agreement ) Dated 10/20/82 ) - Section 481.229 F.S. Re: Architects ) - Lewis Engagement Letter, Dated ) 5/10/89 ) - Standard Fee Schedule for ) Architectural Services EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: 8UMI~RY STATEMENT I have requested the City Council to extend my employment agreement for calendar year, 1992. Vice Mayor Frank J. Oberbeck requested that the matter be deferred until he could provide information to the City Council. Vice Mayor Oberbeck distributed his information on October 12, 1990. i have provided additional information to the City Council for your information. RECOMMEND aCTION Consider a one (1) year extension to the employment agreement of the City Manager to include calendar year, 1992. City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE: October 18, 1990 W. E. Conyers, Mayor & Sebastian City Council Robert S. McClary /~ Vice Mayor Frank J. Oberbeck's Concerns I have carefully reviewed the concerns distributed by Vice Mayor Frank J. Oberbeck on October 12, 1990. The concerns involve three (3) matters: 1. a memorandum from William Vincent, dated April 25, 1990, 2. a services contract with Eugene Dory, dated March 23, 1990 and 3. a services contract with Associated Design & Drafting, Inc., dated May 10, 1989. I regret that I did not know of these concerns earlier since I would have been in a better position to address them at the time. The Associated Design contract is about a year and one half old, the Dory memo was some seven (7) months ago and the Bill Vincent memo is six (6) months old. In the case of the Eugene Doty letter, I would have brought a report and recommendation to the city Council prior to the end of the fiscal year (9/30/90) had I known there was a problem. I have attempted to answer each concern in the following report. I have also included other data which I hope you find useful in reviewing this matter. Response to William Vincent Memorandum, Dated April 25, 1990 Although Bill Vincent's memorandum to Mayor Conyers and all Councilmen is dated April 25, 1990, I was not aware it existed until it was distributed by the City Clerk's Office on October 12th, nearly six (6) months later. Had this been brought to my attention last April, I would have been in a better position to respond to Mr. Vincent's assertions. The questions raised about the parking lot and clubhouse were questions that I in fact raised to Bill Vincent on many occasions and he is simply taking his own failure and shifting the blame to me. The matter regarding the restaurant lease was given to Bill Vincent to develop the appropriate advertising and RFP. The package he submitted to me consisted of one (1) single document: the JD Cannon Lease at the Vero Beach Airport with handwritten margin notes made by former City Attorney Tom Palmer. I did not submit this document to the City Council because it was incomplete and inadequate. The restaurant furniture bids were rejected by the City Council because the specifications, written by Mr. vincent, were so incomplete that the bidders bid totally different grades of furniture. He then reduced the amount of furniture to less than $2,000 to avoid the required bidding procedures. I refused to sign his purchase order because there was no indication that the prices were competitive as required by ordinance. It also completely excluded the opportunity to Sebastian vendors. Mr. Vincent identifies the "biggest setback" was not buying one- year-old cars for $4,000. I do not know what he is talking about because the City Council did, in fact, buy used golf cars. While Mr. Vincent's memo states that more information is enclosed, there was no more information on this matter. The USGA Report he references was performed by an agronomist and adequately addressed the physical condition of the golf course itself. It did not address the required management issues as called for in the bond covenants. Mr. Vincent's memo states there is an enclosure of a job description. However, there is no enclosure. Mr. Vincent complains that the Golf Course Manager did not have enough authority and he suggests that he has extensive experience in running a public golf course. However, a review of his resume indicates that he has absolutely no experience operating any type of golf facility. For your information, I have attached a copy of his resume. In response to his five (5) specific "examples": -'I-~'" AdvertisinG.' I questioned his purchase order for $120.00 because it was completely without backup or justification. When he furnished the required data, I approved the purchase order the same day. 2. Employee Educations Seminars. I did deny two (2) requests for employee training. The first request was to send a Secretary to a two (2) day trade show in Orlando. The trade show had nothing to do with the Secretary's responsibilities at the Golf Course. The second request I denied was for a Secretary to attend $100.00- per-day training session in Kissimmee, FL (which did not include travel or per diem). The request did not contain sufficient justification for my approval. 3. Cart Tires. I have no recollection of questioning the purchase of (16) sixteen tires for golf carts. 4. Grills for Golf Course,... The purchasing ordinance requires that purchases be competitive and, again, Mr. Vincent failed to provide sufficient information. After he did, I approved his request. 5. Mr. Vincent complains about having his hands tied by someone who does not know the golf course business. In actuality, these requests of Mr. Vincent were in conflict with existing ordinances or were without sufficient backup, and were in fact denied. He frequently failed to be in compliance with proper purchasing and personnel practices. The last few items in Mr. Vincent's memo are not relevant and are so vague they cannot be answered. In summary, Bill Vincent left this City' with some sour grapes. On February 7, 1990, I had a meeting with Mr. Vincent and outlined several concerns I had about his management of the Golf Course, including his improper purchasing procedures and inadequate and improper personnel procedures. At the conclusion of the meeting, Mr. Vincent and I agreed that it would be in everyone's best interest for him to seek employment elsewhere. Re: Response to Eugene Doty Contract, Dated March 23, 1990 ~?~or~'~a~y ~ears.';:~the City has engaged Contract Managers to oversee · certain'programs. In 1982, the City entered into an agreement with John Van Antwerp as Airport Manager. This agreement, to my ..-.knoW~edge,; 'has.not been updated since that time. The City has · -also'had'a contract for Recreation Coordinator with Eugene Doty. The most current contract was November 24, 1987, and was approved by City Council on December 9, 1987. Through the years, John Van Antwerp's compensation has increased without modification to the original contract. In reviewing this contract, like the contract with Eugene Doty, the two agents were covered by the City's workers' compensation insurance and the City's general liability insurance. In reviewing these contracts, I did not request the City Attorney to draw new agreements and, given my experience with Charles I. Nash, Esq., I am certain he would not approve the old contract forms. I did not believe it was necessary to have a formal contract with these two individuals given the circumstances and the fact that legal services are expensive. In both cases, the issues no longer exist. Last year, John Van Antwerp's status changed to an employee on the city payroll and Eugene Doty's services are to be terminated at the end of this calendar year. In proposing a letter of understanding with Mr. Doty, I was attempting to avoid incurring unnecessary legal expenses and, I believed at the time, was merely implementing what I thought City Council had approved. In reviewing this matter, I made a mistake. Apparently, neither the auditors nor the City Finance Department discovered the error as Mr..Doty's contract never drew a footnote in the City Audit and the fee to Mr. Dory was paid by the Finance Department without question. It is apparent that the individual who brought this matter to Vice Mayor Oberbeck's attention was more interested in stirring up trouble than correcting a problem. If I had any indication during the fiscal year that ended September 30, 1990, that this amount was not properly approved, I assure you I would have brought a report and recommendation to the City Council requesting proper authorization. Because the fiscal year is closed, I do not believe the matter can be corrected. Re: Jane Lewis Contract, Dated May 5, 1989 There appears to be three (3) issues raised by the contract entered into with Jane E. Lewis D/B/A Associated Design & Drafting, Inc. for design and drafting services pursuant to her engagement letter of May 10, 1989. Ms. Lewis was engaged to provide drafting and design services for a records storage vault and also to provide conceptual space planning for the City Clerk's Office. The three (3) issues appear to be: 1. Legality Under Chapter 481, Fla. Statutes 2. Reasonableness of fee, and 3. Why didn't the City Engineer or City Planner do the work? 1. ~ There was no violation of Chapter 481 F.S., since the building addition was expected to cost less than $25,000 and was therefore exempt under the provisions of Section 481.229 (c) "Exceptions; exemptions from licenser". I have attached a copy of this section for your information. 2. Reasonableness of Fee. There are three (3) typical ways of engaging design services: 1. the fee would be based on a percentage of construction costs, 2. lump sum, and 3. hourly rate. Although, Vice-Mayor Oberbeck has developed a ratio of fee to square footage of the addition, I have never seen a case where design costs are calculated on a square footage basis. We choose to work with a lump sum contract because we would know up front what our design services would cost. We choose Jane Lewis for the job because of her high reputation as a designer and drafts person and, to my knowledge, was the only person in the immediate Sebastian area who offered the services and she was not affiliated with any building contractor. I have compared the design costs of the building based on industry accepted standards (see attachment). The average percentage to construction fee basis for repairs and renovations is 10.2% for projects less than $100,000. Had we used this basis, the services would have cost $1,670 or $130 less than the $1,800 paid her. The $1,800 design services amounted to 11% of the construction costs of $16,300. I feel this fee is reasonable, especially since Ms. Lewis' work included providing a conceptual space plan for the entire City Clerk's office. In fact, her conceptual space plan for the City Clerk's office was the one used in developing our renovation construction drawings. Re: Jane Lewis Contract, Dated May 5, 1989 3. City Enaineer -- City Planner. There appears to be some question as to why the City did not use the City Engineer or city Planner to do this work. The initial interview with Ms. Lewis was held on May 2, 1989. David Fisher, P.E., reported to work on May 1, 1989 and faced a very comprehensive agenda. Peter Jones reported to work as the City's first Planner one month earlier on April 30, 1989 and, likewise faced a full agenda including work with the Comprehensive Plan, becoming familiar with the Land Development Code and his day to day involvement with development permits. The records vault project had been budgeted initially in the F-89 budget and the City was entering the ninth month of that fiscal year. With the project already late and the fact that the City Planner and City Engineer were so new to city employment and otherwise had full work loads, I felt it was in the City's best interest to engage Associated Design & Drafting, Inc. for this project. April 2~. 1990 To: '~lt~ [tanager From.. Willimm L. Vincent P._ef: Tcrmin~.ting Employment as of April 26, 1990 As per our conversatiom this morning I will be leaving the (]i~' of Sebastian on the above date due to being ~ccepted by another company. About a month ago we discussed this subject at lunch and I did start seeking another position. It is with regret that I can not give 8 longer notice period. With the organization at the Golf Course I feel you will have no problcm operst~.ng with an interium person in charge until another is hired. luck to you and ~11 concerned. L, VINCENT Box l~ EBASTIAN, FL ~2956 RESUME OF QUALIFICATIONS ' 589-2986 Responsible position in Local or County Government which would utilize experience in Administration, Nanagement and Building Inspection. :':~U'M~I'~¥'-~F" Experienced in planning, development, maintenance QUALIFICATIONS and personnel, l'roficient in building construction supervision. Experience includes, but not limited to: Ability to direct and supervise overall activities...handle all enforce,~ent requtrement~ of Building and Zoning regulations...certify building permits...matntain close liaison with public officials...make decisions on technical problems in building and zoning areas... make inspections of property. Hatch 1985 Property ~anagement - Orlando, Florida. June 1984 Project Manager / Inspector ~arch 1985 Responsible for management of personnel, inventory and building inspection. Inspected materials, ~ept daily log, verified specifications and blueprints, making records and reports to compa,y administrator. Inspected three {~) complexes in Orlando, FI., Two (2) in completion phase and one (1) new construction. Conducted daily inspections with construction supervisor. Prepared final punch list prior to owner acceptance, Site Inspector (Wa) for General Contractor in all types construction. Supervised construction, alteration and repair of business and residential properties. M~or & Chief Administrator Shinnston, ~.Va. {Pop. q,OO0) Responsible for coordin- ating day-to-day operations of city. Instrumental in implementing new inventory systsm~ preventive maintenance program, and work scheduling programs in Public ~orks, and Police Departments. Established program with FmHA, EPA, HUD, PSC, and Dept- of Natural ~esources, which utilized Federal and Stats funding to construct ~ater Treatment F&cility and Sewage Treatment including lines and lift steeions, inspected construction of ~ater Plant and transmission lineal i intake system and storage tanks. Inspected and approved all change orders and payments to contractors. Conducted pro,tess meetings monthly with engineers and contractors and FmHA representatives. ~orked with engineers compiling information to deter~ine rate struct- ures for customers. Directed City Attorney on hearings with P.S.C. to acquire approval by the State. 19~0 - 198} 1974 - 198o ACHIEVEMENTS ~III.,IT,~ RY EDUCATION LIC ENS ORGINI ZITI ONS REFERENC ES ~est Virginia Legislator 1978 1980 Served committees: Government ~rlenization - Passed bills concern: types of licensing requirements, including but no limited to: ~eal EstAte, Insurance, Building Inspe, for all state agencies. Sunshine Law, and Health ang ~elfare Regulations. }'olitical Sub-Divisions All laws relating to operatt and re~ula{~on"of cities in 5tats0 Pay raises for c~ and state officials. Taxes and other fin&ncial probl ~oads and=_Transportation - Dealin~ with new construct uptradin~ existint roads, and regulating county and c responsibilities concerninl state and federal highea) in their Jurisdiction. U.S. NAVY - Lieutenant - 22 years Top Secret Clearan¢ NHOTC Instructor - ~.P.I. , Troy, N.Y. Audited Civil snsineering courses for two (2) years, Non-Degreed. ~: GED Collese Level II, Officer Candidate Scl Nuclear Weapons Ichool, Leadership and Instructor Scl Electrical and Bydraulics, Blueprint reading, and Ne~ Investi~ations Schoolso Civilian: ~igh School Grsduate, Insurance, ~eal Esta~ Business La~, Economics, and Private Investitations. Real Estate, Buildini Inspector (Bocce Code), Privat~ Investi~ations. Presently enrolled ~ith Southern Bldl Code. Took Building Inspector exam on 21st of Septe~ 1955 to become, certified in state of Florida. F&AM, American Letion, VFW, ~oose Lodge, li~anis and Presbyterian Church. Available on request AGREEMENT 1. ~. City of Sebastian, herein referred to as the "City", retains JOHN VAN AJ~TWERP, herein referred to as Agent, as Airport Manager, to perform the following services: To be responsible fOr supervising all airport activities at the Sebastian Municipal Airport, and be responsible for the enforcement of field rules, operatlonal procedures, and all maintenance and storage requirements in compliance with Federal Aviation Administration-rules and regulations and city ordinances'. He shall present for review, as requested by the Airport Advisory Board, complete reports regarding any and all airport activities. All copies of Federal Aviation Administration and department of transportation report~ will be submitted to the Board. In addition to suprevising all airport activities, he would be responsible for seeking and procuri~g all future revenuy bearing activities plus DOT and FAA funding for which the airport quallfied. Additional public relations: efforts' required in the areas of leases, contracts, and concessions, to produce further revenues. 2. A~ent's duties: Agent agrees to perform faith- fully the duties assigned to him to the best of his ability, to devote sufficient time to the transaction of the City's business, to make the City prompt, complete, and accurate reports of his work and expenses, to promptly remit to the .City all money of the City collected by him or coming into his possession. 3. Co_~ensatlon. In consideration of such service, the City agrees to compensate Agent at the rate of Two liundred and no/100 Do'llars ($200.00) per mo~th, and to pay the Agent's reasonable and necessary traveling expenses incurred in the City's business while away from Sebastian. 4. Duration and ter~ination. This contract .shall be in effect from October 1,1982~ until it is terminated by either party at any time on thirty (30) days~ written noiice to the other party, On termination of this'agree- ment in any manner, the payment to the Agent of compensation earned to the date of such termination shall be fin full satisfaction of all claims against the City under this agreement. Dated this,,~9~-~ day of,, .~,~cff , 1582. CITY OF SEBASTIAN, FLORIDA City Clerk N~nesg' ~' .~h. n Van. Antwerp, a~ Agent Airport Manager ~i~tn'essi F.~. 1989 ARCHITECTURE iNTERIOR DESIGN AND LANDSCAPE ARCHITECTURE .'. ...... (m)' Acceptance of compensation or any cormlder- :: ~ '.-arian.by-an-interior designer from someone other than the' client Without full disclosure of the compensation or conside~aliOn amount or value to the client prior to the engagement for services, in violation of s. 481.2131(2); or -(n) 'Rendering or offering to render architectural ser- vices. (2) When the boerd finds any person guilty of any of the grounds set forth in subsection (1), il may enter an order taking the following action or imposing one or more of the following penalties: (a) Refusal to approve an application for licensure; (b) Refusal to renew an existing license; (c) Revocation or suspension of a license; (d) Imposition of an adminislralive fine not to exceed $1,000 for each violation or separate offense; or (e) issuance of a reprimand. tl~.--#, 17, 24. ah. ~6*3~3 q4eee.,.-Exl~ree Oc'lal=~ I. t~e, i:,~n~mllo 8. 24, ah. ~8-,3~13. encl~ ~hm~J~ Im mvlew purmalnl k) i. llal. t481.227 Prosecution of cflmlnll vloletlona.--Tha board shall report any criminal violation of this pert to the proper prosecuting authority for prompt prosecution. H~log~.~ee, 16. IS, ah. ~9-~/3; mi. 2. 3. ah. 91-316; m,. 10, 23, 24, ch. g~-3S3. tNoll,~ efllclh. I O~ I, IgO6. by i. 24. ah, 0~-3S3. m~l Id~ fo~ review pu~uaml lo l, 11.61, t461,229 Exceptionl; exemptionl from lie. ensure.- (1) No person shall be required to qualify as an archi- tect in order to make plans and specifications for, or su- pervise the erection, enlargement, or aiteralion of: (a) Any building upon any farm for Ihs use of any far- mar, regardless of the cost of the building; (b) Any one-family or two-family residence building, townhouse, or domestic outbuilding appurtenant to any one-family or two-family residence, regardless of cost; (c) Any other type of building costing less than $25,0(X), except eschoot, auditorium, or other building intended for public use. (2) Nothing contained in this part shall be construed to prevent any employee of an architect from acting in any capacity under the instruction, control, or supervi- sion of the architect or to prevent any person from acting as a contractor in the execution of work designed by an architect, (3) Notwithstanding the provisions of this part, a general conttector who is certified or registered pursu- ant to the provisions of chapter 469 is not required to be licensed as an architect when negotiating or performing services under a design-build contract as fang as the architectural services offered or rendered in connection with the contract are offered and rendered by an archi- tect licensed in accordance with this chapter. (4) Notwithstanding the provisions of this pert or of any other law, no registered engineer whose principal practice is civil or structural engineering, or employee or subordinate under the responsible supervision or con- trol of the engineer, is precluded from performing archi- tecturai services which are purely incidental to his engi- nearing practice, nor is any registered architect, or ployee or subordinate under the responsible supervision or control of such architect, precluded Item performing engineering services which ere purely inchJental to his architectural practice. However, no engineer shall prac- tice architecture or uae the designation "architect" or any term derived therefrom, and no architect shall practice engineering or use the designation "engineer' or any term derived therefrom. (5) Nothing conlained in this part shall prevent a reg- istered architect or a partnership or corporation holding e valid certificate of authorization to provide architectur- al services from performing any interior design service or from using the title "interior designer' or 'registered in- terior designer." (6) This part shall not apply to unlicensed parsons holding thamselvps out as "interior decorators" or offer- ing 'interior dect3~ator servi.ces,' suc. h ?? the se, lecti.on o.r assistance in selecting sunace mamnms, winoow [mat- manta, wallcovorings, paint, floor coverings, surface- mounted lighting, or loose furnishings not subject to reg- uletion under applicable building codes. (7) Nothing in this pert shall be construed as autho- rizing or permitting an interior designer to engage in the business of, or to act as. a contractor within the meaning gl chapter 489, unless registered or certified as a con- tractor pursuant to chapter 489. (8) Nothing contained in this act shall prevent any person from rendering interior design services, provided that such person shall not be permitted to use or be identified by the title 'interior designer,' unless licensed in accordance with this part. Hill~,--el I1.19, ah ~-273; ee 25, ~lj, ah. 01-302; Il. 2. 3, ch, sl-31e: al 20. 48, ah 1~-179,, e. 3, ah. s3-265; aa. 19, 23, 24, ch ~s-3~3; · 2, ch 80 11$;e ~. ch. Im-162 ' im,~evjew ~u~l~li~i IOl llOl s481.231 Effect of ss. 461.201-461.233 locally.-- (1) Nothing in this part shall be construed to repeal, amend, limit, or otherwise effect any specific provision of any local building code or zoning law or ordinance that has been duly adopted, now or hereafter enacted, which is more restrictive, with respect to the services of registered architects or registered interior designers, than the provisions of this part. (2) Counties or municipalities which issue building permits shall not issue permits if it is apparent from the application for the building permit that the provisions of this pert have been violated; provided, however, that this subsection shall not authorize the withholding of building permits in cases involving the exceptions and exemptions set out in s. 481.229. IS~l~/.--,,e. 13, 19, ch. 79-273; #. 2. 3. ch. 81-319: e~, 20, 23, 24, ch. 96+3~3. kx m~w pureumt lo e. t 1.Si. PART II LANDSCAPE ARCHITECTURE 481.301 Purpose. 481.303 Definitions. 481.305 Board of Landscape Architecture. 481.306 Authority to make rules. 481.307 Fees, 481.309 Examinations, 481.310 Practical experience requirement. 615 Ass(~ctated i-)eslgn ~ J.)ratting;, Inc. Robb McClary City Manager City of Sebastian 1225 Main St. Sebastian, FI 32958 10 May 1989 Dear Robb, In reference to our meeting on 2 May 1989, I am submitting a proposal identifying scope of services to be provided for the City of Sebastian to design a records storage vault and also provide conceptual space planning for the City Clerk's office. SCOPE OF SERVICES Records storage vault designs Complete services from design to final construction documents will be provided for a records storage vault. The storage vault will be a fire proof addition of approximately 400 square feet to the north side of existing City Hall. Space planning services~ To provide conceptual schematic design'alternatives for increased efficiency of traffic flow and personal work space in conjunction with the' addition of a records storage vault for the city clerk's office. PROPOSED PROJECT PHASING Phase I, Programming identification of product choices, construction materials, techniques and requirements. space requirement needs and allocation. Phase II: Conceptual Schematic Design combines progra~ning results with design concepts for initial schematic designs. presentation of d~sign concepts for vault and city,clerk's office space plan alternatives. ~' Phase III: Design Development detailed development of selected schematic design alternative of records storage vault in preparation for final construction documents. IV~ Construction Documents finalized, detailed drawings of records storage vault for purposes of bidding and construction. FEE STRUCTURE AND SCHEDULING Phase I: Programing 15% Phase II: Conceptual Schematic Design 25% Phase Iii: Design Development 30% ~hase IV: Construction Documents 30% ! week 2 weeks 1.5 weeks 1.5 weeks The estimated total fee for the above proposed scope of services is Eighteen liundred and no/J00 dollars ($1,800.00). Invoices will be submitted per phase after written authorization to proceed. Project fee includes 6 meetings (6 hours total) and 10 sets final construction doctlments; progress prints provided at designer~ Work schedule may be subject to change - The City of Sebastian will be notified of any necessary extensions. ADDITIONAL SERVICES Chan.ges, alterations or additions' requested by the City of Sebastian above and beyond described scope of services will be co,]sidereal additional services, billable at the rate of $30.00 per hour plus direct reimbursable expenses. The City of Sebastian will be notified prior' to performance of any additional services. The opportunity to work with the City of Sebastian presents t~e type of work that I feel is especially rewarding. The expansion of our city hall merely reflects the positive growth within our community. If this proposal meets with approval, please sign and return one of the enclosed copies. Sincerely, Accepted, ~EL:lc for, City of Sebas Title, Da t e: 0 0 0 City Manager Robb McClary and City A~torney Nash t ~.~'t. FROM: Councilman Lloyd Rondeau ~,. SHBJECT: Infoma~on from VSce-~ayor Oberb~ek that ~ould caus~ the C~ty Council to quost~on ~he rono~al of th~ City ~anager' s contract Request is hereby made of the Vice-Mayor to explain by cover letter why the information from him supplied to me by Police Courier should in any way affect my decision as to ,whether or not I should approve the City Manager's Contract for another year. The information is not concise and provides me no basis for a negative position. The inference indicated in the tone of Mr. Oberbeck's remarks was "wait until you hear what I got - you may well not want to renew his contract". This kind of rhetoric reverts back to the old "I Gotcha" Red Neck type of government that formerly ruled this Beautiful little Growing Community. We don't tolerate that form of Government any more, Do we? Let's hope NOT! ! Councilman Lloyd Rondeau City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: Bid Award for Dugouts ) Agenda No. & Score Keeper Booths at Barber) Street Sports Complex ) Approved Por Submittal By: City Manager ) ) ) ) ) ) ) ) ) 90.240 Dept. of Origin: Cit~ ~anaqer Date Submitted: 10/14/90 For Agenda Of: 10/24/90 Exhibits: - city Manager Memo Dated 10/15/90 - Bid Tabulation Sheet EXPENDITURE REQUIRED: $38,741.06 AMOUNT BUDGETED: $ 94,000 APPROPRIATION REQUIRED: SUMMARY STATEMENT six (6) bids were received for dugouts and scorekeepers booths at the Barber Street Sports Complex. Ail bids were reviewed by staff and clarification meetings held with the two lowest bidders. Additionally, I met with the apparent iow bidder on October 18, 1990 to further negotiate alternates which I feel are appropriate to upgrade the quality of the improvements. I am recommending additions of $5,741.06 to the base bid of $33,000 for a total contract amount of $38,741.06. The proposed bid award, even with the additional upgrades, is still about $4,500 less than the second low bid of $43,280. RECOMMEND ACTION Move the bid for six (6) dugouts and four (4) scorekeeper booths at the Barber Street Sports Complex be awarded to the lowest and best bidder, Capp Custom Builders, Inc., of Sebastian including upgrades as noted, in the amount of $38,741.06. City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 M E..M O R A N D,,.,U,M DATE: TO: FROM: RE: October 15, 1990 W. E. Conyers, Mayor & Sebastian City Council Robert S. McClary Barber Street Sports Complex Improvements At the October 10, 1990 Regular City Council Meeting, I requested the City Council to defer action on a bid award for improvements at the Barber Street Sports Complex. The improvements include the construction of four (4) scorekeeper booths and six (6) dugouts. I met with Mickey Capp on October 11, 1990 to negotiate changes which I feel will improve the quality of the improvements. The following is a more detail discussion of the specific items to be upgraded followed by a recommendation that Capp Custom Builder, Inc., be awarded a contract in the amount of $38,741.06 for the dugouts and scorekeeper booths at the Barber Street Sports Complex: SCORE BOQTH 1. ~ - The Capp bid was conditioned to exclude electrical connection to the four (4) scorekeeper booths. His proposal of $1,781 total ($445.25/booth) appears reasonable. A review of plans and specifications does not show the necessary electrical connection. 2. Score Booth...Sidinq - the contractor recommends an upgrade to cedar siding to match the existing building at $419.00 per booth times four (4) booths. 2Y0 Re: Barber Street Sports Complex Improvements Page #2 Sidin~ siding cost is calculated by linear feet. Each building has approximately 1,150 1.f. of siding. Calculation is: 12' x 12" = 144" r 5-5"= 27 (boards) x 10' x 4 (sides) = 1,080 1.f. x 1.05% (waste) = 1,150 1.f. Sidinq Costs PSB Bid 1,150 x .36 = $414.00 x 1.07 (tax) = $442.98 Cedar 1,150 x .48 = $552.00 x 1.07 (tax) = 590.64 Increased Siding Costs (Per Booth) = $147.66 Trim If we use cedar siding on the scoreboards, we would change trim from 1" x 4" to 2" x 4". Approximately 146 1.f. of trim is required. Trim Costs 1" x 4" 146 1.f. @ .26 = $37.96 x 1.07 (tax) = $40.61 2" x 4" 146 1.f. @ .53 = $77.38 xl.07 (tax) = 82.79 Increased Trim Costs (Per Booth) $42.18 Paintinq Costs Cedar will require one (1) additional coat of paint @ $156.00 per booth. Summary Siding Trim Painting Sub-total Profit & O.H. (15%) Total Per Booth x 4 Booths $ 147.66 42.18 156.00 345.84 51.88 397.72 $1,590.88 3. ~ - Contractor recommends the 2" x 6" tongue and groove (T & G) roof deck be upgraded from pine to pressure treated (PT) . Deck cost is calculated by linear feet. Each dug out requires 332 1.f. Calculation is: 21' x 12" = 252 Sq. In. - 5.5 46 boards x 7' width = 322 1.f. = 46 boards Re: Barber Street Sports Complex Improvements Page Deckinq ~osts Pine 322 1.f. x 1.05 (waste) PT 322 1.f. x 1.25 (waste) Pine $145.34 x 1.07 (tax) PT $277.38 x 1.07 (tax) Increased Decking Cost = 338 1.f. @ .43 = 402 1.f. @ .69 = $145.34 = $277.38 = $ 155.51 = $ 296.79 $ 141.28 (Per Dugout) PT will require additional labor of $144 per dug out. Sy~Lmarv - Duaout Roof D~ckina PT Decking Additional Labor Sub Total Profit & O.H. (15%) $ 141.28 141.00 282.28 42.34 Total Per Dugout x 6 dugouts = 324.62 $1,947.72 4. ShinGles - Scor~ Booths and Du.qouts - Contractor recommends to upgrade shingles from regular 3 - tab to architectural grade. Shingles are based on a per square basis (100 square feet). There are 2 1/3 squares required for each score booth. Calculation is: 144sq. ft. area x 1.5 (pitch) x 10% waste = 2.33 Shinqles Cost for Score Booths Regular 3 - tab - 2.33 squares @ $20.00 x 1.07 (tax) Architectural 2.33 squares @ $34.50 x 1.07 (tax) Architectural will also require additional ridge cap of .67 a bundle @ $25.00 x 1.07 (tax) Architectural Grade Total Increased Material Cost Per Score Booth And Profit and O.H. (15%) Total Per Booth 4 Score Booths = $..4.9.90 = 86.00 = $ 17.92 $103.92 $ 54.02 8.10 $ 62.12 $248.48 Re: Barber Street Sports Complex Improvements Page #4 Shingle Costs for Dugouts Each dugout req~/ires 1.54 squares. 21' (length) x 7' (width) x 1.05% (waste) Regular 3 - tab 1.54 x $20 x 1.07 (tax) Architectural 1.54 x $34.50 x 1.07 (tax) Additional Material Cost (Per Dugout) Add Profit and O.H. (15%) Total 6 Dugouts Calculation is: 1.54 Squares 32.96 56.85 23.89 4.94 28.83 172.98 Summary - ShinGles 4 Score Booths @ $ 62.12 6 Dugouts @ $29.80 $ 248.48 172.98 $ 421.46 Reoommendation Capp base bid Alt. 2 Electrical Supply - 4 Booths Alt. 2 Cedar Siding - 4 Booths Alt. 3 PT Roof Decks - 6 Dugouts Alt. 4 Arch. Shingles - 4 Booths Alt. 4 Arch. Shingles - 6 Dugouts $ 33,000.00 1,781.00 1,590.88 1,947.72 248.48 172.98 Total Project $ 38,741.06 OH HE~ 0 H O0 oo oo O0 mO 0 0 o oo o oo 0 0 ~0 0 0 0 0 0 (J -,-I ~u 0 -H o SUBJECT: Chesser's Gap Water Service City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Approved Pot ~ubm~tal By= City Manager ~~~-~ ~-- ) ) Dept. of Origin: ~ Manaqer ) ) Date Submitted: 10/16/90 ) ) For Agenda Of: ~ ) ) Exhibits: - IRC - Pinto Letter ) Dated 09/11/90 ) ) - GDU - Betschart Letter Dated ) 10/04/90 ) ) - Mosby Letter To IRC Dated ) 10/10/90 ) ) - Mosby Letter To City Dated ) 10/10/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: ~ STATEMENT The 58(plus/minus)acres Chesser's Gap is currently in territory franchised to Indian River County for water service. Indian River County is not in a position at this time to provide potable water services to this site and has agreed to exclude this territory from the terms of their franchise and for the territory to be included in the General Development Utilities ("GDU") franchise granted by the City of Sebastian. GDU is willing to accept the territory into their franchised area and extend water service to the territory. In order to do this, it appears that the City may have to modify the franchises granted to both Indian RiVer County and GDU for water service. RECOMMEND A_gTION Move to direct the City Attorney to prepare the necessary documents to exclude the Chesser's Gap Planned Unit Development from the water franchise granted to Indian River County and to include the same territory in the franchise granted to General Development Utilities. gu ]uI,JI buvL:lol]l e t Ut hl. es. I,e. 5240 [~,\BCOCK ,~,tI~ET N E, PALM BAY, FLORIDA 32905 October 4, 1990 Mr. Randy Mosby Mosby and Associates, Inc. 1507 20th Street Veto Beach, Florida 32961 lie: Citesser's Gap Dear Mr. Mosby: Based on our recent conversations and review of Hr. Terrance Pinto's letter to Dr. Henry Fischer, dated"-',S~eptember 1], 1990 General Development Utilities, Inc. (GDU) may b'e. ab.le Lo prov.ide water service to the proposed Chesser's Gap project if tJ~e following conditions are met: 1. The Developer obtains from the City of SebasLian, and provides to GDU, a letter certifying that the proposed project area is located within the limits of the City 'of Sebastian. 2. The Board of County Commissioners of Indian River County approves the release of subject property from its franchise and returns the same to the control of the City ot Sebastian. 3. 'l'l~e City of Sebastian approves exl,~tttslolt oJ~ GI)U'.~ ctlr-r¢~,tt water franchise area to include the Chesser's Gap property. This letter shall not be construed as a com,,litment to provide any utility service until a Utility Service A~reement has been fully executed and all required approvals and permits have been obtained by the developer. Should you have any questions or comments concerning these matters, please contact Fred Scheunemann at (407) 723-2992, Ext. *325 · Sincerely, ,.,,,::,,,,,/. "ii ,r,. ~"~,,,'. ~ ........ ' Buddy Be'tschar t Division Director pc: File MOSBY AND ASSOCIATES, INC. ~""'~%f~'f~OCT ~ I 1990 CONSt Jt_l INC, r Nr;IN[ E I,~, 1507 2OTH STREET P,O BOX 6368 VERO BEACH, FLORIDA 32961 407-569-OO35 October 10, 1990 Mr. Terry Pinto Indian River County 1840 - 25th Street Vero Beach, Florida 32960 Subject: Chesser's Gap Sebastian, Florida Engineer's Project No. 90-228 Dear Mr. Pinto: As you are aware, based on your conversation with Dr. Henry Fischer, the Sebastian General Partnership BFT is requesting that the subject project be serviced with water service from General Development Utilities, Inc. Attached is a letter from Mr. Buddy Betschart with General Development Utilities, Inc. outlining the procedure in ob- taining water service for the project. As you can see from the attached letter, prior to obtaining water service from GDU it is necessary for the Board of County Commissioners of Indian River County to release the subject project from its franchise area and return the control of this area back t© the City of Sebastian. Once this has been achieved then the Sebastian General Partnership would be required to obtain approval from the City of Sebastian for GDU to expand its franchise and to include Chesser's Gap. We have already notified the City Manager of Sebastian, Mr. Rob McClary, of these proceedings, (see attached letter). On behalf of the Sebastian General Partnership it is requested that you proceed witth the required County Commissioners approval of the release of the subject property from its franchise area and return it to the City of Sebastian. Should you require further information, please call. RLM: bes CC Dr. Henry Fischer Mr. Rob McClary/City of Sebastian Mr. Fred Scheunemann/GDU enc. Telephone: (407) 567-8000 BOARD OF COUNTY COMMISSIONERS 1840 2$th Street, Vero Beach, Florida 32960 REu tu':u. ,-, Suncom Telephone: 224-1011 September 11, 1990 Dr. Henry A. Fischer Sebastian General Partnership, B.F.T. Post office Box 780068 Sebastian, Florida 32978-0068 SUBJECT: UTILITY LINES FOR CHESSERS GAP Dear Dr. Fischer: Indian River County Utilities is prepared to recommend to the County Commission the approval of the expansion of General Development's water franchise in the area described. In order to do this, we must receive the request from GDU. In order to expand their service area, the utility must make a formal request. Our recommendation will require providing service within one year of the expansion of the franchise area. After the County approves the expansion, the City must amend the franchise area description. Unfortunately, I don't know of a simpler Everything I try seems to have a problem. Sincerely, .-~ Director of Utility Services way to get this done. TGP:cew (WCHESGAP. TGP): cew MOSBY AND ASSOCIATES, CONSULTING ENGINEERS 1507 20TH STREET P,O. BOX 6368 VERO BEACH, FLORIDA 32961 407-569-0035 October 10, 1990 Mr. Rob McClary City Manager City of Sebastian Post Office Box 127 Sebastian, Florida 32978-0127 Subject: Chesser' s Gap Sebastian, Florida Engineer's Project No. 90-228 Dear Mr. McClary: As discussed on the telephone, attached is a copy of a letter from Mr. Buddy Betschart with General Development Utilities, Inc. regarding the expansion of G.D.U.'s franchise utility service area to include Chesser's Gap. As requested in Mr. Betschart's letter and on behalf of Sebastian General Partnership, we are requesting your assistance in obtaining the following: A letter from the City of Sebastian certifying that Chesser's Gap is located within the limits of the City of Sebastian. Approval from the City of Sebastian for the expansion of G.D.U.'s water franchise area to include the Chesser's Gap property. We understand that this approval cannot be obtained until the Board of County Commissioners of Indian River County approves the release of the subject property from its franchise and return the control of the franchise to the City of Sebastian. Under seperate cover we have requested that Mr. Terry Pinto begin the proceedings for this release, (see attached). Mr. Pinto has already informed the Sebastian General Partnership of the County's willingness to release the franchise to the City. As you are aware, Chesser's Gap preliminary PUD was approved last night. The developers of this project are quite anxious to resolve this matter so that they can reach an agreement with GDU and begin construction permitting process. Any assistance you can give us in expediting this matter would be appreciated. Mr. Rob McClary October 10, 1990 Page 2 Should you require additional information, please call. RLM:bes cc Dr. Henry Fischer Mr. Terry Pinto/Indian River County Mr. Fred Scheunemann/GDU enc. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589~5570 SUBJECT: Alcoholic Beverages Ordinance Approved For Submittal By: City Manager Agenda No. Dept. of origin: City Clerk (KOH) Date Submitted: ~.0/.16/90 For Agenda Of: .10/24/90 Exhibits: - Ordinance No. 0-90-10 EXPENDITURE REQUIRED: AMOUNT BUDGETED APPROPRIATION REQUIRED: ,STATEMENT Ordinance No. 0-90-10 was drafted by the City Attorney at the direction of the City Council at its Workshop Meeting of October 3, 1990. The Ordinance would modify the prohibited hours of sale to permit the sale of alcoholic beverages from 7:00 a.m. to 1:00 p.m. on Sundays and also corrects language from the existing code relating to the sale and consumption of alcoholic beverages on New Year's Day. RECOMMENDED ACTION Move to accept Ordinance No. 0-90-10 and set for Public Hearing on November 14, 1990. ORDINANCE NO. O-90-10 ~N ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAiNING TO ALCOHOLIC BEVERAGES; AMENDING CHAPTER 4 OF TH~ CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; ANRNDING SECTION 4-2 TO EXPAND THE HOURS OF SALE OF ALCOHOLIC BEVERAGES PERMITTED ON SUNDAYS; AMENDING SECTION 4-2 TO PROVIDE FOR THE CITY COUNCIL OF THE CITY OF SEBASTIAN TO HAVE ~ AUTHORITY TO EXTEND THE HOURS FOR THE S~LF. OF ALCOHOLIC BEVERAGES ON NEW YEAR'S DAY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT W~EWITH; PROVIDING FOR INCLUSION iN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. That Section 4-2 of the Code of Ordinances of the city of Sebastian is hereby amended in its entirety to read as follows: "Sec. 4-2. Prohibited hours of sale. (a) Except as approved pursuant to Paragraph (b) of this Section 4-2, no alcoholic beverages shall be sold, consumed, served, permitted to be sold, permitted to be consumed, permitted to be served, offered for sale or offered for consumption, at any location where alcoholic beverages are permitted to be sold or consumed pursuant to a license or permit issued by the State of Florida, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, within the city limits of the City of Sebastian, during the following hours of each of the following days: (1) Between the hours of 1:00 a.m. and 7:00 a.m. on Sundays; (2) Between the hours of 12:01 a.m. and 7:00 a.m. on Mondays; (3) Between the hours of 1:00 a.m. and 7:00 a.m. on Tuesdays; (4) Between the hours of 1:00 a.m. and 7:00 a.m. on Wednesdays; (5) Between the hours of 1:00 a.m. and 7:00 a.m. on Thursdays; (6) Between the hours of 1:00 a.m. and 7:00 a.m. on Fridays; (7) Between the hours of 1:00 a.m. and 7:00 a.m. on Saturdays; (b) The City Council may extend the hours of permitted operations of the establishments otherwise licensed by the State of Florida, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, to sell, serve, offer to sell or offer to serve alcoholic beverages for consumption on their premises on New Year's Day (January first) upon the written request of any person." SECTION 2. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. 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 2 be made a part of the Code of Ordinances of the city of ~ .~Sebastian, Florida;~ that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the words ,,ordinance" may be changed to "section", "article", or other appropriate designation. 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 will 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 there by causing said remainder to remain in full force and effect. SECTION 5. EFF.ECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Councilman Councilman 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 motion was seconded by and, upon being put to a 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 (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on 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 4 City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Convenience Store Ordinance Approved For Submittal By: City Manager /~ ' ) Dept. of Origin: Cit~ Manaqer ) ) Date Submitted= /~ ) ) For Agenda Of: 0 2~ ) ) Exhibits= - Ordinance No. 0-90-14 ) - Nash Letter Dated, 10/15/90 ) ) ) ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED= The city Council directed the City Attorney to draft an ordinance governing the security of convenience stores during the hours of 10:00 p.m. and 5:00 a.m. This ordinance is mandated by a new State law. Please note that the proposed ordinance does not exclude establishments in which the owner and members of his or her family work from the coverage of the ordinance. RECOMMEND ACTION First reading to accept Ordinance No. 0-90-14 and set a public hearing date for Novemberl4, 1990. I~RESE, i~ALLACE, l~ASH & TORPY, P.A. ATTORNEYS AT LAw WILLI*M ~ (~rl~IxtM O1~ COUNS[EL October 15, 1990 930 S. HAI~BOR CITY BLVD. SuIr,~ 505 MELBOURNE, I~LORIDA 32901 (407) 984-3300 F~ (407) 951-3741 VIA HAND DELIVERY Robert C. McClary, City Manager City of Sebastian Post Office Box 780127 Sebastian, FL 32978-0127 Re: Convenience Store Security Ordinance Our File No. 90-5940 Dear Robb: I have enclosed with this letter a draft of the proposed Ordinance No. O-90-14 for your review and comment. Please note that because of the comments of the City Council in connection with the preparation of an ordinance to attempt to further safeguard convenience stores, I did not exclude establishments in which the owner and members of his or her family work therein during the hours of 10:00 p.m. and 5:00 a.m. from the coverage of the Ordinance. This should be pointed out to the City Council so that the City Council can decide whether to add a provision to the definition of a "Convenience Store" to exclude any store in which the owner and members of his or her family work in the store between the hours of 10:00 p.m. and 5:00 a.m. Please contact me if you have any questions concerning the content of the enclosed Ordinance. Very trul~ours, FRESE ~;~LACE, NASH City Attorney & TORPY, P.A. CIN/dlb Enclosure as stated. ORDINANCE NO..' o-~o-1,,( A ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A CONVENIENCE STORE SECURITY ORDINANCE~ AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN~ PROVIDING FOR DEFINITION~ PROVIDING FOR REQUIREMENTS OF CONVENIENCE STORE SECURITY MEASURES~ PROVIDING FOR THE TRAINING OF EMPLOYEES IN CONVENIENCE STORES~ PROVIDING FOR FINES ANDPENALTIES FOR VIOLATION~ PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN~ PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State legislature has found that many convenience stores operating during the night and early morning hours are at risk for robberies; and WHEREAS, the State legislature has further found that certain minimum security requirements are helpful in protecting convenience store employees, and the consuming public, from robbery and injuries; and WHEREAS, the State legislature has mandated that each local government in which a death, serious injury, or sexual battery has occurred during the commission of a theft or robbery at a convenience store in its jurisdiction within twelve (12) months proceeding September 31, 1990, shall adopt an ordinance for the protection of convenience store employees and the consuming public; and WHEREAS, the City of Sebastian falls within the mandates of the "Convenience Store Security Act" (Chapter 90-346, Laws of Florida) enacted by the State legislature; and employees WHEREAS, the City of Sebastian wishes to protect the ~ and the consuming public of convenience stores, from the risks of death, serious injury, or sexual battery that may occur during the commission of a theft or robbery of a convenience store. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. That Chapter 22 of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read as follows: .Sec. 22-1. Convenience Definitions. Store - As used in this chapter, the term "convenience store" means any place of business that is engaging in the retail sale of groceries, including the sale of prepared foods, gasoline and services, that is regularly open for business at any time between the hours of 10:00 p.m. and 5:00 a.m., and that is attended during such hours by one employee. The term "convenience store" does not include a store which is solely or primarily a restaurant. Sec. 22-2. Convenience Store Security. Each convenience store located within the City of Sebastian shall: 1. Be equipped with a silent alarm that notifies local law enforcement or a private security agency that a robbery is taking place. 2. Be equipped with a security camera system capable of retrieving an image to assist in the identification and apprehension of a robber. 2 Be equipped with a drop safe or cash management device that provides minimum access to the facility's cash receipts. 4. Be equipped with a lighted parking lot illuminated at an intensity of two foot lighted candles per square foot with the uniformity ratio of no more than 5-1 at ten inches above the surface. 5. Post a conspicuous sign in the convenience store entrance which states that the cash register contains $50.00 or less. 6. Establish a cash management policy to limit the amount of available cash on hand between the hours of 9:00 p.m. and 6:00 a.m. to $50.00 or less. 7. Maintain window signage so that there is a clear and unobstructed view of the cash register and transaction area. 8. ProhibSt window tenting on the windows of the establishment if such tenting reduces exterior or interior viewing during the hours of operation to which this chapter is applicable. 9. Install height markers at the inside of the entrance of the establishment which display height measurements from the floor. Sec. 22-3. Training of Employees. a. No later June 30, 1991, the owner or principal operator of a convenience store shall provide proper robbery deterrents and safety training to all employees who work between the hours of 9:00 p.m. and 6:00 a.m. b. The City of Sebastian shall promulgate a program of minimum training for convenience store employees no later than February 1, 1991. February 1, 1991. c. The City of Sebastian's proposed training program shall be forwarded to the attorney general's office for approval, as required by Chapter 90-346, Laws of Florida, no later than February 1, 1991. d. The City of Sebastian shall have no liability for promulgating a minimum program of training required under this section. e. The City's program shall, at a minimum, require the training and familiarization of store employees with the store's security principals, devices, and measures as required by this chapter. Sec. 22-4. Fines and Penalties. a. Violations of any of the provisions of this chapter shall be punishable as provided in Section 1-10 of the Code of Ordinances of the City of Sebastian. b. The City of Sebastian may obtain injunctive relief to restrain or prohibit any violation of this chapter. c. The occupational license for any establishment may be revoked by the City Council upon proof of willful violation of this chapter. d. In addition, failure to meet the requirements of this chapter, within ten (10) days after written notice of a non- compliance by the City of Sebastian, shall result in a fine not to exceed $5,000.00. Any fine imposed pursuant to this section may be recoverable through an action at law at any time after said fine is imposed. e. In addition, any willful or deliberate violation of the requirements of this chapter shall result in a fine of $5,000.00. Any fine imposed pursuant to this .section shall be recoverable through an action at law at any time after said fine is imposed.', SECTION 2. 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 part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the words "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 3. CONFLICT. All 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 will 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 there by 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 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, FLORIDA ATTEST: BY: W.E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on day of , 1990, and that the following said public hearing on 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 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT .' ORDINANCE 0-90-11, REZONING TRACT A S/H UNIT #14 Approved For Submittal By: City Manager ~ ) Agenda No. ~,~ ) ) Dept. Origin Community Development (_~ ) ) Date Submitted 9118/90 ) ) For Agenda Of 9/24/90 ) Exhtbt ts: Ordinance 0-90-11 ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council on 9/12/90 adopted Ordinance 0-90-08 rezoning all land which was zoned CL-512 (Commercial Limited) to C-512 (Commercial). Tract A (approximately 10 acres), Sebastian Highlands Unit 14, located directly east of Chessers Gap was listed in Ordinance 0-90-08 as a specific area to be rezoned but, was not identified within, the title of the ordinance. Since Tract A is currently zoned RS-10 (not CL-512), the title of the ordinance must 'identify the R~-10 zoning classification being rezoned. Th~s rezoning will be consistent with the City's adopted Comprehensive Plan. RECOMMENDED ACTION Move to approve first reading of Ordinance 0-90-11 and set the public hearing on November 28, 1990. City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE: OCTOBER 5, 1990 TO: HAYOR AND CITY COUNCIL FROM: LINDA KINCHEN~/~. PLANNING AND ZONING SECRETARY THROUGH: BRUCE 0OOPER DIRECTOR OF COMMUNITY DEVELOPMENT RE: REIGNING OF TRACT A FRON RS-10 TO C-512 PLEASE BE ADVISED THAT ON OCTOBER 4, 1990 THE PLANNING AND ZONING COMMISSION REVIEWED THE ABOVE ZONING CHANGE AND HELD A PUBLIC HEARING. THE FOLLOWING MOTION WAS MADE AFTER NO COMMENTS FROM THE PUBLIC, A MOTION TO RECOMMEND TO THE CiTY COUNCIL THAT THE ZONING FOR TRACT A LOCATED ON CR 5]2 WEST OF LOT ]6, BLOCK 509 AND LYING IMMEDIATELY EAST OF CHESSAR GAP PLANNED UNIT DEVELOPMENT BEING ]0 ACRES MORE OR LESS BE APPROVED. THE MOTION PASSED UNANIMOUSLY. SHOULD YOU HAVE ANY FURTHER QUESTIONS, PLEASE FEEL FREE TO CONTACT OUR OFFICE. LK:LK OP, Z)I~J~CE 0-90-~ AN.-ORDINANCE OF THE CITY OF SEB~TIAN, INDI]~N RIVER COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN PROPERTY IN THE CENTRAL AREA OF THE CITY, DESCRIBED AS T~ACT A OF SEBASTIAN HIGHLaNDS SUBDIVISION PL~T UNIT 14, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED SOUTH OF COUNTY RO~D 512, E~ST OF STRAIT AVENUE, AND WEST OF SOUTH WIMBROW DRIVE, FROM RS-10 (RESiDENTIaL SINGLE FAMILY) ZONING DISTRICT TO C-512 (COMMERCIAL 512) ZONING DISTRICT; PROVIDING FOR REPMAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVEEABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the city staff previously recommended to the City Council of the City of Sebastian, Indian River County, Florida, that the Land Development Code as it pertains to the regulation of certain commercial development in a specific area along the south side of County Road 512 (C.R. 512) as more specifically provided elsewhere in this Ordinance; and, WHEREAS, on May 17, 1990, the Planning and Zoning Commission conducted a public hearing on the requested zoning change and has submitted a recommendation in favor of the proposed change of zoning relative to Tract A of Sebastian Highlands Subdivision Plat Unit 14 to the city Council; and WHEREAS, the City Council adopted Ordinance No. 0-90-08 effective September 12, 1990, thereby creating the C-512 Zoning District; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council has considered the criteria identified in Section 20A-11.6(C) of the Land Development Code together with the recommended findings and recommendations of its staff and the Planning and Zoning Commission; and W~ER~AS' the City Council has determined that the requested change in zoning is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: S~,~tion 1. PROPERTY. That the change in zoning classification created by the adoption of this ordinance shall apply to the following described real property: "Tract A of Sebastian Highlands Subdivision Plat Unit 14." Section,2,,~,, DISTRICT. That the real property described in this Ordinance is hereby rezoned from City zoning district RS- 10 (Residential Single Family) to City zoning district C-512 (Commercial 512). The official City Zoning Map shall be amended to reflect this change in zoning district. Section3. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed, but Ordinance No. 0-90-08 shall only be amended to the extent inconsistent with this Ordinance. 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 D~TE. 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 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, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on 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 4 City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE: October 19, 1990 Mayor & City Council Members, City Manager, City Attorney Kathryn M. O'Halloran~ City Clerk 10/24/90 Agenda Error - Ordinance No. for Tract A Rezoning Please note that the agenda shows the Tract A rezoning ordinance as O-90-14 when in fact it is O-90-11. I have corrected this on the original agenda. sam ~~90. 250 90.251 90.252 90.016 ORDINANCE NO. 0-90-11 - Rezoning Tract A - Unit 14 - S/H - RS-10 to C 512 (East of Chesser's Gap on CR 512 - Approximately 10 Acres)(Staff Recommendation dated 9/19/90, P & Z Memo dated 10-5- 90, O-90-11, Map) FIRST READING, SET PUBLIC HEARING 11/28/90 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAiNiNG TO ZONING; REZONING CERTAIN PROPERTY iN THE CENTRAL AREA OF THE CITY, DESCRIBED AS TRACT A OF SEBASTIAN HIGHLANDS SUBDIVISION PLAT UNIT 14, APPROXIMATELY 10 ACRES MORE OR LESS LOCATED SOUTH OF COUNTY ROAD 512, EAST OF STRAIT AVENUE, AND WEST OF SOUTH WIMBROW DRIVE, FROM RS-10 (RESIDENTIAL SINGLE FAMILY) ZONING DISTRICT TO C-512 (COMMERCIAL 512) ZONING DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. D. RESOLUTION NO. R-90-42 - Little League Lease (City Manager Recommendation dated 10/16/90, R-90-42, Proposed Lease, Location Plan Under Separate Cover) 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 LEASE AGREEMENT WITH SEBASTIAN RIVER AREA LITTLE LEAGUE, INC., IN A FORM IDENTICAL TO THE LEASE AGREEMENT ATTACHED TO THIS RESOLUTION AS "EXHIBIT A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Utilization of Main Street Field Lighting - Approve City Manager Recommendation (City Manager Recommendation dated 10/17/90, City Manager Letter dated 10/17/90) RESOLUTION NO. R-90-43 - Golf Course Concession Agreement (City Manager Recommendation dated 10/17/90, R-90-43, Concession Agreement) 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 CONCESSION AGREEMENT WITH DENNIS R. FINK AND THERESA L. FINK, IN A FORM IDENTICAL TO THE CONCESSION AGREEMENT ATTACHED TO THIS RESOLUTION AS "EXHIBIT A"; WHEREBY DENNIS R. FINK AND THERESA L. FINK WOULD OPERATE THE RESTAURANT AND SNACK BAR IN CONNECTION WITH THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 4 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT= Little League Lease Approved For Submittal By: city Manager ~~ Agenda No. Dept. of Origin= City Manager Date Submitted= 10/16/90 For Agenda Of= 10/24/90 Exhibits: - Resolution No. R-90-42 With Contract EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian Area Little League Association currently leases a tract of land near the intersection of Main and Cross Streets which they use for the Little League Program. Additionally, the city has some rights under the existing lease agreement for other recreational programs. This site has been selected by the City Council as the location of the new police station. Additionally, the Little League Association desires to conduct its program at the Barber Street Sports Complex. The proposed lease to the Little League Association covers the same time period as the existing lease. The Little League Association has reviewed and approved the lease. Lastly, the Parks and Recreation Committee has reviewed drafts of the proposed lease with the only comment that the City should construct at least one (1) additional concession building to service non little league programs. The lease for the Barber Street Sports Complex would vacate the existing lease of the Main - Cross Streets facility. RECOMMENDED ACTION Move to adopt Resolution No. R 90-42 authorizing the Mayor and City Clerk to sign a lease agreement between the City of Sebastian and the Sebastian River Area Little League Association. RESOLUTION NO.: R-90-42 A RESOLUTION OF THE CITY OF SEBASTIANt INDIAN RIVER COUNTY, FLORIDAt AUTHORIZING THEM~YOR~TDTHE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A LEASE AGREEHENT WITH SEBASTIAN RIVER AREA LITTLE LEAGUE, INC., IN A FORM IDENTICAL TO THE LEASE AGREEMENT ATTACHED TO THIS RESOLUTION AS EXHIBIT ~A~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY~ ~ PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council and the Sebastian River Area Little League, Inc., desire to replace their existing lease agreement with a new lease agreement whereby the Sebastian River Area Little League, Inc. would be leasing a new facility from the City at the Barber Street Sports Complex; and, WHEREAS, the City Council has reviewed the proposed Lease Agreement provided to them by city staff, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein by this reference; and, WHEREAS, the City Council has determined that the proposed Lease Agreement with the Sebastian River Area Little League, Inc. will better provide for the health, safety and welfare of its residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: S_ggtion 1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the Lease Agreement with the Sebastian River Area Little League, Inc., a copy of which is attached to this Resolution as Exhibit "A", and incorporated herein by this reference. Section 2..~ CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the 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 D~TE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman Councilman vote, the vote was as follows: The motion was seconded and, upon being put to a by Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this ResOlution dUly passed and adopted this day of , 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 LEASE AGREEMENT THIS LEASE-AGREEMENT, made and entered into this day of , 1990, by and between the CITY OF SEBASTIAN, F---1-~rida, a Florida municipal corporation located in Indian River County, Florida, party of the first party (hereinafter referred to as the "Landlord"), and the SEBASTIAN RIVER AREA LITTLE LEAGUE, INC., a Florida Not-For-Profit corporation, party of the second part (hereinafter referred to as the "Tenant"). W I TNE S SETH: WHEREAS, the Landlord is the owner of certain real property located in the City of Sebastian, County of Indian River, State of Florida; and WHEREAS, the Landlord has agreed to lease such real property to the Tenant subject to certain terms and conditions; and WHEREAS, the Tenant desires to lease such real property from the Landlord. NOW, THEREFORE, in consideration of the premises, the covenants, terms and conditions to be performed as set forth hereinafter, the receipt and sufficiency of which are hereby acknowledged, the parties hereto have agreed and do agree as follows: 1. Leased Premises: Subject to'the terms and conditions set forth in this Lease Agreement, and for so long as the Tenant shall continue to operate a baseball league for the area's youth, the Landlord leases to the Tenant and the Tenant rents from the Landlord the certain real property located at the Barber Street Sports Complex located in Sebastian, Indian River County, Florida, such property of the Landlord being more particularly described as Fields #1, #2 and the refreshment stand/rest room building as identified on Schedule "A" attached hereto and by this reference incorporated herein. The aforementioned real property and any improvements constructed thereon, including buildings and fixtures, shall be hereinafter referred to as the "Leased Premises". 2. Term of Lease: This Lease shall be for one nonrenewable term (hereinafter the "Lease Term") beginning on the date of execution of this Lease by both parties and ending on November 21, 2004, unless earlier terminated or extended as provided herein. However, the termination of this Lease by either party shall not operate to cure any default of any of the terms and conditions of this Lease by a defaulting party. 3. Rent: The rent to be paid by Tenant to the Landlord for the Lease Term shall consist of the sum of One Dollar ($1.00). The parties hereby acknowledge payment by Tenant and receipt by Landlord of said rent. 4. Additional Rent: The Tenant agrees to pay as rent in addition to the' rent provided for in Paragraph 3 of this Lease Agreement, any and all sums which may become due by reason of the failure of the Tenant to comply with all of the covenants, terms and conditions of this Lease and any and all damages, costs and expenses, including attorney's fees (both at trial and all appellate levels) which the Landlord may suffer or incur by reason of such default, and also any and all damages to the Leased Premises caused by any act or neglect of the Tenant, or its assignees or sublettees. 5. Insurance: (a) Liability Insurance: From February 1 through July 31 of each year during the Lea~ Term, the Tenant shall provide and keep in force at its own expense public liability insurance coverage with respect to the Leased Premises and all improvements made to the Leased Premises. The insurance coverage to be provided by the Tenant shall contain limits of not less than $300,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident. (b) Miscellaneous: Any policy or policies of insurance required by the Lease sSall be issued by one or more insurance companies authorized to engage in business in the State of Florida and the Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All such policies shall name the Landlord as an additional insured and shall contain provision for notice to"the Landlord not less than ten (10) days in advance of any cancellation or material change of such policy or policies. In case of failure of the Tenant to make premium payment when due, the Landlord may pay the amount of any such premiums, which amount with interest thereon from the date of payment by the Landlord shall be due and payable by the Tenant to the Landlord immediately. Copies of renewal policies for any insurance required under this Paragraph 5 shall be deposited by the Tenant with the Landlord at least ten (10) days prior to the expiration of existing policies, and upon the failure of the Tenant to do so, the Landlord may immediately purchase, for the account of the Tenant, the necessary insurance from any reputable insurance company without notice to the Tenant, and the Tenant shall reimburse the Landlord for the cost thereof within ten (10) days after demand for same by the Landlord. The Tenant shall have the right to carry the insurance provided for in this Paragraph 5, or any portions of such insurance under a blanket or comprehensive all-risk policy. 6. Use of Leased Premises: (a) Exclusive Right of Use: During the Lease term, from February 1 through J6iY 31, the Tenant shall have the exclusive right to use and enjoy the Leased Premises, provided, however, that the Tenant shall have the non-exclusive right to use the rest rooms, switch room, and all common areas, including, but not by way of limitation, the parking lot, spectator areas and bleachers. (b) Use of Refreshment Stand: The Tenant agrees that the refreshment stand/rest room b-uilding to be operated by it on the Leased Premises will not be operated in such a manner as to constitute a nuisance or a hazard and that in connection with the operation of such facility, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authority having jurisdiction over such facility operated in the Leased Premises. If for any reason the Tenant is unable to obtain, or once obtained is unable to continue to hold, the applicable governmental licenses or permits allowing it to operate the refreshment stand, or if the Tenant shall, for any reason, cease operating the refreshment stand, then, the Landlord shall have the right to retake possession of the refreshment stand/ restroom building and to undertake its operation or, to enter into an agreement with a third party whereby such third party shall operate the refreshment stand. Thereafter, the Tenant shall have no further right or interest in the refreshment stand/restroom building. (c) Use as Recreational Facility: The Tenant agrees that the Leased 'PremiSes ~hall be u~'ed b~ the Tenant solely as a recreational facility for its members and guests. The Tenant agrees that the Leased Premises shall not be used for any other purpose. (d) Possession and Use of Alcohol: The Tenant shall not permit the possession or use of al~°hoi on the Leased Premises. 7. Utilities: The Landlord shall be responsible for electricity, water, sanitary and storm sewer. The Tenant shall be responsible for janitor service and any other utility or service consumed in connection with the occupancy of the Leased Premises by the Tenant. 8. Affirmative Covenants of Tenant: and agrees th'~t it Will'"wit~'0ut dem~'nd: The Tenant covenants (a) Preparation of Fields: Assume responsibility for and undertake any and' all'"'prePara{lons and efforts required to be performed on the Leased Premises in order that it may be used as a playing field for the game of baseball, including, but not by way of limitation, lining, dragging, and raking of batter boxes, base lines and warning tracks. Furthermore, it shall be the Tenant's responsibility to furnish all equipment necessary to play baseball; provided, however, that the Landlord shall, upon the commencement of this Lease, furnish two sets of bases, including pitching rubbers, and shall replace said items on a yearly basis, as needed, when the necessity of such replacement is due to ordinary wear and tear. (b) Waste: Conduct its use. of the Leased Premises in such a manner as not to be a nuisance, and shall not allow any noxious odors or vapors to be emitted from the Leased Premises. Use of explosives, flammable and/or corrosive agents and other like materials is not approved unless authorized by the Landlord in advance. Any cleaning agent apparatus will be installed and vented to the outside at the Tenant's cost and only if installation is approved in writing in advance by the Landlord. The Tenant shall not engage in activities that waste the Leased Premises. (c) ~ Keep the Leased Premises and all improvements erected thereon ina clean and orderly state, including, but not by way of limitation, all fields and adjacent spectator areas, the announcers' stands and scoreboards, the "dugout" areas of each field, the refreshment stand, and the restrooms. Tenant's obligation to clean shall include the duty to collect and deposit all trash and garbage into the containers located on the Leased Premises for this purpose. The Tenant's responsibilities under this Paragraph 8 (c) shall also include the duty to supply the rest rooms with toilet paper and all other necessary sanitary items. The Tenant shall permit the Landlord's duly authorized agents to enter upon the Leased Premises and the buildings and improvements thereon erected at any reasonable time, and from time to time, for the purpose of inspecting and appraising the same. The Tenant shall comply with all reasonable orders, regulations, rules and requirements of every kind and nature relating to the cleaning or orderliness of the premises, now or hereafter in effect, of the federal, State, municipal or other governmental authorities having power to enact, adopt, impose or require the same, whether they be usual or unusual, ordinary or extraordinary, or to changes or requirements incident thereto, or as the result of any use or occupation thereof or otherwise, and the Tenant shall pay all costs and expenses incidental to such compliance, and shall defend, indemnify and save harmless the Landlord from all expense, and damages by reason of any notices, orders, violations or penalties filed against or imposed upon the Leased Premises or against the Landlord as owner thereof, because of the failure of the Tenant to comply with this covenant. In the event of the failure of the Tenant promptly to perform the covenants of this Paragraph 8(c), the Landlord may go upon the Leased Premises and perform such covenants, the cost thereof, at the sole option of the Landlord, to be charged to the Tenant as additional and delinquent rent. (d) Improvements: The Tenant shall not cause any improvements to be made to'%he Leased Premises without the advance written consent of the Landlord. Provided, however, that this provision shall not be deemed to prevent the Tenant from performing or arranging for__the performance of any of its duties or exercising any of its rights under Paragraph 8. Unless otherwise agreed in writing between the parties hereto, all costs of any improvements shall be borne by the Tenant. Ail improvements made on the Lease Premises, including the construction of buildings and installation of fixtures, shall become the property of the Landlord upon their construction or installation, but shall be deemed part of the Leased Premises for purposes of this Lease Agreement. (e) S~ The Tenant shall not erect or maintain any sign or signsOn th~- Leased Premises of a commercial or private advertising nature. (f) Sec~rit¥: Keep locked the announcers' stands and the refreshment stand/r~t room building, including related storage areas, when such premises are not being used by the Tenant. (g) Batting Cages: The Tenant shall have the right to install two (2) batt~'ng practice cages, provided, however, that any such cage or cages shall be installed and maintained in the area of the Leased Premises set aside for this purpose by the Landlord pursuant to its obligations under Paragraph 10 (b). The Tenant shall bear all expenses related to the purchase, installation and maintenance of such batting practice cages and shall at all times keep such cages in good condition and, repair. (h) Compliance: Comply with any requirements of any of the constituted public Authorities, and with the terms of any state or federal statute or local ordinance or regulation applicable to the Tenant or its use of the Leased premises, and save the Landlord harmless from penalties, fines, costs or damages resulting from failure so to do. (i) Fire: Use every reasonable precaution against fire. (J) Rules and Regulations: Comply with reasonable rules and regulations of the Landlord promulgated as hereinafter provided. (k) Surrender of Leased Premises: Upon the expiration or other termin'ati6n of this Lease, for any reason whatsoever, surrender to the Landlord the Leased Premises together with the buildings and improvements thereon erected or standing thereon and the building equipment then upon the Leased Premises, together with all alterations and replacements thereon, in good order, condition and repair, except for reasonable wear and use thereof, and except for such damage by any taking by condemnation or exercise of the right of eminent domain. The Tenant further agrees to promptly deliver to the Landlord at its office all keys for the Leased Premises. 5 (1) Notice of Casualty and Need for Repair: Give to the Landlord prompt written notice of any accide~, fir®, or damage occurring on or to the Leased Premises. Give to the Landlord prompt written notice of any condition of the Leased Premises requiring repair or maintenance which the Landlord has agreed to take responsibility for under Paragraph 10. (m) Vacation: If the Tenant shall vacate or decide at any time during the Lease Term to vacate the Leased Premises prior to the expiration of this Lease Term, or any extension of the Lease, or if the Tenant shall cease for any period to be a not- for-profit corporation, or to utilize the Leased Premises as a recreation facility, this Lease shall immediately terminate without the necessity of any legal proceeding or other action on the part of the Landlord, and all right, title and interest in the leasehold created by this Lease shall revert and revest in the Landlord immediately and automatically. 9. Negative Covenants of Tenant: The Tenant covenants and agrees that it w£ll do none of"the f~llowing things without the consent in writing of the Landlord first had and obtained: (a) Use: Occupy the Leased Premises in any other manner or for any other purpose than as above set forth. (b) Assignment, etc.: Assign this Lease or hypothecate or mortgage the same or ~ublet-~he Leased Premises or any part hereof. Any assignment, transfer, hypothecation, mortgaging or subletting without the written consent of the Landlord shall be void ab initio. (c) Alterations and Improvements: Make any structural alterations, improv~ment~, or addi{~°ns to the Leased Premises, except as provided herein. All structural alterations, additions and improvements (except trade fixtures, furniture and equipment other than building equipment) which may be made or installed by the Tenant upon the Leased Premises shall upon the making or installation thereof be and become a part of the Leased Premises and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease, unless the Landlord shall, prior to the termination of this Lease, have given written notice to the Tenant to remove the same in which event the Tenant will remove such alterations, improvements, and additions and restore the Leased Premises to the same good order and condition in which they now are. Should the Tenant fail so to do, collecting, at the Landlord's option, the cost and expense thereof from the Tenant as additional rent. (d) Machinery: Use or operate any machinery that, in the Landlord's opinion, is harmful to the Leased Premises or the buildings of which the Leased Premises is a part. 6 (e) weights: Place any weights in any portion of the Leased Premises beyond the safe carrying capacity of the structure. (f) Vacation: Vacate or desert the Leased Premises during the Lease Term, or permit the same to be empty and unoccupied without the permission of the Landlord. (g) Recordation: Record this Lease. If the Tenant violates this covehant, the Tenant hereby irrevocably authorizes, empowers and designates the Landlord as its lawful attorney for the purpose of having said Lease marked satisfied of record. (h) Encumbrances/Liens: Allow any mortgage, lien or other encumbrance or secur~{y interest to be created against or attached to the Leased Premises or any building or fixture located thereon. 10. Obligations of Landlord: The Landlord agrees that it will witho~'demand: covenants and (a) Maintenance and Repair: Keep the Leased Premises and all improvements erected'""thereoh"'in good condition and repair, including the exterior and interior structures, the roof, all plumbing, heating and electrical systems, the field lighting, score boards, fencing and backstops, "dugouts" and announcers' stands. In addition, the Landlord agrees to keep in good condition and repair all common areas of the Leased Premises, including the parking lot, spectator areas and bleachers. The Landlord further agrees to maintain all grass areas of. the Leased Premises, which duty shall include mowing, fertilizing and operating an irrigation system. (b) Trash Removal: Remove from the Leased Premises all trash and garbage COllected by the Tenant pursuant to its obligation under Paragraph 8(c). (c) Batting cages: The Landlord shall provide adequate space on the Leased premis~ for the Tenant to install up to and including two (2) batting practice cages as permitted under Paragraph 8(g). 11. Landlord's Rights: The Tenant covenants and agrees that the Landlo'rd shall h~ve ~he right to do the following things and matters in and about the Leased Premises: (a) Inspection: At all reasonable times by its duly authorized agent to go upon and inspect the Leased Premises and every part thereof, and/or at its option to make repairs, alterations and additions to the Leased Premises. (b) Use of Leased Premises: Use the Leased Premises for any public purpose from AugUSt 1 through January 31 each year, 7 provided, however, that during this period the Tenant is relieved of performing its obligations under Paragraph 8. 12. Responsibility of Tenant: The Landlord shall not in any event be responsible, and {~ Tenant hereby specifically assumes responsibility for any personal or bodily injury or death of any persons (including employees of the Tenant and the Landlord) and damage, destruction, or loss of use of any property, including the Leased Premises (except as specifically provided otherwise herein) occasioned by any event happening on or about the Leased Premises during the period of time the Tenant has the exclusive right to use and enjoy the Leased Premises as set forth in Paragraph 6(a), except if same results from the negligence of the Landlord, its agents, servants, or employees or from natural diasters or acts of God. The Tenant shall defend, indemnify and hold harmless the Landlord from and against any and all claims, demands, suits, damages, liability and costs (including attorney's fees and expenses) arising out of or in any manner connected with any act or omission, negligent or otherwise of the Tenant, third persons, or any of their agents, servants or employees which arise out of or are in any way connected with the maintenance, use, operation, or occupation of the Leased Premises during the period of time the Tenant has the exclusive right to use and enjoy the Leased Premises as set forth in Paragraph 6(a), unless due to the negligence of the Landlord, its agents, servants or employees. The Landlord shall promptly notify the Tenant of any claim asserted against the Landlord on account of any such injury or claimed injury to persons or property, and shall promptly deliver to the Tenant the original or a true copy of any summons or other process, pleading or notice issued in any suit or other proceeding to assert or enforce any such claim. The Tenant shall have the right to defend any such suit with attorneys of its own selection and the Landlord shall have the right, if it sees fit, to participate in such defense. It is further covenanted and agreed by the parties hereto that in no case shall the Landlord be liable under any expressed or implied covenant of this Lease for any damages whatsoever to the Tenant accruing after any act or breach of covenant for which damages may be sought to be recovered against the Landlord. The Tenant shall defend, indemnify and hold harmless the Landlord from claims, demands, suits, liability for damages for personal or bodily injury or death of any persons or damage or destruction of any property (including loss of use thereof) caused by or in any manner arising out of any breach, violation or nonperformance by the Tenant of any covenant, term or provision of this Lease. 13. Dama~9 to Legsed_.?remises: In the event the Leased Premises are damaged 6Y fire or other casualty not occurring 8 .-...~through.the fault or negligence of the Tenant or those employed or acting for it, the parties hereto agree as follows: (a) ,. The Landlord shall be obligated to restore the Leased Premises if the insurance proceeds payable to the Landlord due to damage caused by fire or other casualty is sufficient to cover the costs of restoring the Leased Premises to their original condition. (b) In the event insurance proceeds payable to the Landlord are insufficient to cover the costs of restoring the Leased Premises to their original condition, and if facilities comparable to the Leased Premises are then available, this Lease shall terminate and the Tenant shall have the option to lease the comparable facilities under terms and conditions that the parties shall, at such time, mutually agree upon. (c) In the event insurance proceeds payable to the Landlord are insufficient to cover the costs of restoring the Leased Premises to their original condition and facilities comparable to the Leased Premises are not then available, the parties agree that, prior to instituting any legal action, they shall make a good faith effort to negotiate a remedy equitable to each party. (d) In the event the Landlord undertakes to restore the Leased Premises pursuant to subparagraph 13(a) above, and as a result of the damage to the Leased Premises or the Landlord's repair efforts the Leased Premises are rendered untenantable, the Lease Term shall be extended for a period of time equal to the period of time the Leased Premises remain untenantable. (e) The Landlord has let the Leased Premises in their present condition and without any representations on the part of the Landlord, its officers, employees, servants and/or agents. The Tenant hereby acknowledges that it has inspected the Leased Premises prior to executing this Lease and that it finds the Leased Premises to be in satisfactory condition. 14. Miscellaneous Agreements and Conditions: (a) Non-Waiver: The failure of either party to insist upon strict performance o~ any of the covenants or conditions to this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such covenants or conditions of this Lease or option, but the same shall be and remain in full force and effect. (b) Accord and Satisfaction: No payment by the Tenant or receipt by the Landf0rd of"~ lesser amount than the rents herein stipulated shall be deemed to be other than on account of the 9 earliest stipulated rent, nor shall any endorsement of statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and the Landlord may accept such check or payment without prejudice to the Landlord's right to recover the balance of such rent or pursue any other remedy herein. 15. Remedies of Landlord: If the Tenant: (a) Does not pay in full when due any and all of the rent and/or any other charge or payment herein reserved, included, or agreed to be treated or collected as rent and/or any other charge, expense, or cost herein agreed to be paid to the Landlord; or (b) Violates or fails to perform or otherwise breaks any covenant or agreement herein contained; or (c) Vacates the Leased Premises or removes or attempts to remove or manifests an intention to remove any goods or property therefrom otherwise than in the ordinary and usual course of business without having first paid and satisfied the Landlord in full for all rent and other charges then due or that may thereafter become due until the expiration of the then current term; Then and in any of said events, there shall be deemed to be a breach of this Lease, and thereupon the Landlord shall have the following rights: (1) To re-enter the Leased Premises and remove all persons and all or any property therefrom, either by summary dispossession proceedings or by any suitable action or proceeding at law, and repossess and enjoy the Leased Premises, together with all alterations, fixtures, signs and other installations of the Tenant. Upon recovering possession of the Leased Premises by reason of or based upon or arising out of a default on the part of the Tenant this Lease shall terminate. (2) To terminate this Lease and the term hereby created without any right on the part of the Tenant to waive the forfeiture by payment of any sum due or by other performance of any condition, term or covenant broken. Whereupon the Landlord shall be entitled to recover, any and all sums due for rent, including additions to rents and damages for violation of the Tenant's obligations hereunder in existence at the time of such termination. 16. Right of Injunctive Relief: In the event of a breach or threatened breach by eit~'er Vpar~ of any of the covenants or provisions hereof, the non-breaching party shall have the right of injunction and the right to invoke any remedy allowed at law or in 10 equity as if re-entry, summary proceedings and other remedies were not herein provided for. 17. Rights Not Exclusive: No right or remedy herein conferred upon or reserved to ~either party is intended to be exclusive of any other right or remedy herein or by law provided but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. 18. Right of Assignee of Landlord: The right to pursue the remedies herein ~ovided a~ainst ~he Tenant and to enforce all of the other provisions of this Lease may, at the option of any assignee of this Lease, be exercised by any assignee of the Landlord's right, title and interest in this Lease in its own name, any statute, rule of court, custom, or practice to the contrary notwithstanding. 19. Remedies Cumulative: Ail of the remedies hereinbefore given to either 'party an~ all rights and remedies given to them by law and equity shall be cumulative and concurrent. No termination of this Lease or the taking or recovering the Leased Premises shall deprive the Landlord of any of its remedies or actions against the Tenant for rent or sums due as if there has been no termination; nor shall the bringing of any action for rent or breach of covenant, or the resort to any other remedy herein provided for the recovery of rent be construed as a waiver of the right to obtain possession of the premises. 20. Eminent Domain: (a) If all or any part of the Leased Premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, the building(s) and/or improvements on the Leased Premises shall belong to the Landlord. Provided, however, that the Tenant shall be entitled to receive the compensation or proceeds awarded for the taking of the leasehold interest resulting from the institution of eminent domain proceedings. Nothing herein shall prevent the Landlord from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. (b) In the event the condemnation or taking is to such an extent that it is impracticable for the Tenant to continue its operations on the Leased Premises, and if facilities comparable to the Leased Premises are then available, this Lease shall terminate and the Tenant shall have the option to lease said facilities under terms and conditions that the parties shall, at such time, mutually agree upon. In the event comparable facilities are not then available, the parties agree that prior to instituting any legal action, they shall make a good faith effort to negotiate a remedy equitable to each party. 11 21. Identity of Interest: The execution of this Lease or the performance of any ~ct pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a Joint venture and the relationship between them shall be and remain only that of a Landlord and a Tenant. 22. Notices and Reports: Any notice, report, statement, approval, consent, d~ignatlon, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian Attention: City Manager P.O. Box 780127 Sebastian, Florida 32978 Tenant: Sebastian River Area Little League, Inc. Attention: President provided, however, that either party may designate a different address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at the address listed above. 23. No~!scrimination: The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, age, race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the Leased Premises and the furnishing of services thereon, no person on the grounds of religion, gender, age, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. This provision is not intended to modify or preclude the Tenant from enforcing any of its rules or regulations concerning age requirements or limitations with respect to participation in its programs. 24. Warranties: The Landlord warrants that the Landlord has full power to execute this Lease and that it will warrant and 12 defend. the. leasehold interest created hereby against all parties · Wh'omS0ever and that the Tenant, upon observing and complying with the terms, covenants and conditions of this Lease shall enjoy the use.and occupancy of the Leased Premises during the Lease Term. 25. Heading~..No Part of Lease: Any headings preceding the text of~ the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Lease nor shall they affect its meaning, construction or effect. 26. Severabillty: If a provision of this Lease Agreement is held invall'a'~lit is hereby agreed that all valid provisions that are severable from the invalid provision remain in effect. If a provision in this Lease Agreement is held invalid in one or more of its applications, the provision remains in effect in all applications. 27. Lease Contains Ail Agreements: It is expressly understood and agreed by a~d' between the parties hereto that this Lease, including the Exhibit, sets forth all the promises, agreements, and conditions or understandings between the Landlord and the Tenant relative to the Leased Premises, and that there are no promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. It is further understood and agreed that, except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Landlord or the Tenant unless reduced to writing and signed by them. 28. Heirs and Assignees: Ail rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties; and if there shall be more than one Tenant, they shall all be bound Jointly and severally by the terms, covenants and agreements herein, and the word "Tenant" shall be deemed and taken to mean each and every person or party mentioned as a Tenant herein, be the same one or more; and if there shall be more than one Tenant, any notice required or permitted by the terms of this Lease may be given by or to any one thereof, and shall have the same force and effect as if given by or to all thereof. The words "his" and "him" or "its" wherever stated herein, shall be deemed to refer to the "Landlord" or the "Tenant" whether such Landlord or Tenant be singular or plural and irrespective of gender. No rights, however, shall inure to the benefit of any assignee of the Tenant unless the assignment to such assignee has been approved by the Landlord in writing as aforesaid. 29. Tenant FpFbidden to Encumber Leased Premises: It is expressly agreed and understood ~etween the part[es hereto that nothing in this Lease Agreement shall ever be construed as 13 empowering the Tenant to encumber or cause to be encumbered the Leased Premises in any manner whatsoever. In the event that regardless of this prohibition any person furnishing or claiming to have furnished labor and materials at the request of the Tenant, or any person claiming by, through or under the Tenant, shall file a lien against the Leased Premises, Tenant shall, within thirty (30) days after being notified thereof, cause such lien to be satisfied of record or cause the Leased Premises to be released therefrom by the posting of a bond or other security as prescribed by law, or shall cause same to be discharged as a lien against the Leased Premises by an order of a court having Jurisdiction to discharge such lien. In the event the lien is not discharged as required above, Landlord may advance funds necessary to discharge the lien and recover any amounts so paid from Tenant. 30. Termination of Existing Lease: The existing lease agreement dated Novem6er 21, 1984, b'~tween the parties hereto with respect to the certain real property owned by the Landlord located in the City of Sebastian, Indian River County, Florida, and more particularly described as the Main Street Field, shall terminate upon the completion of construction on the Leased Premises and the execution by both parties of this Agreement. The Landlord agrees that the construction of Field No. 2 shall be completed on or before January 31, 1991, and that the construction of Field No. 1 shall be completed on or before September 30, 1991. The Landlord hereby represents and warrants that the improvements to be constructed on the Leased Premises shall be built in accordance with all state or local rules, regulations or ordinances applicable to such structures. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Attest: CITY OF SEBASTIAN Kathryn M. O'Half~ran, CMC/AAE City Clerk By W. E. Conyers, Mayor (SEAL) Approved as to form and content: CHARLES IAN NASH, City Attorney 14 Attest Corporate Secretary (corporate seal) SEBASTIAN RIVER AREA LITTLE LEAGUE, iN2. By President 15 City of SebasHan POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Main Street Field Lighting Approved For Submlttal By: City Manager Agenda No. ~'~ Dept. of Origin= city Manager Date Bubmltted: 10/17/90 For Agenda Of: 10/24/90 Exhibits: - City Manager Letter Dated 10/17/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian River Area Little League Association has agreed to donate the existing lighting fixtures at the Main Street little league field to the City, provided they are reused for other youth recreation programs. In the attached letter, I have outlined my recommendations for the future use of these sports lighting fixtures. ~COMMEND ACTION Move to ratify and approve the City Manager recommendations as outlined in his letter dated October 17, 1990. City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 October 17, 1990 Mrs. Joan Brock President Sebastian River Area Little League Association C/O Rene G. Van DeVoorde, Esq. 1327 North Central Avenue Sebastian, FL 32958 Re: Main Street Field Lighting Dear Joan: The proposed lease agreement between the Sebastian River Area Little League Association and the City of Sebastian did not contain a provision relating to the disposition of the field lights located at the existing Main Street little league field. These lights were purchased and installed exclusively at the expense of the Little League Association.. As we have discussed, it is our intent to disassemble the field lighting and poles at the existing facilities and to reuse the lighting fixtures at the football/soccer field at the Barber Street Sports Complex. In the event the City does not use these fixtures at that location, then it would be our intent to sell them at public auction, in which case the proceeds would go directly to the Little League Association, or to use them at another public recreation facility provided you would agree in writing at the time. I must add a disclaimer that I do not have the authority under current City Code to commit the City to this arrangement. Therefore, I am requesting ratification by the City Council at their upcoming meeting of October 24, 1990. It has been a real pleasure to work with the Little League Association during the development of the Barber Street Sports Complex and we look forward to working with you in the future. Sincerely, Robert S. McClary City Manager RSM/jmt City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Golf Course Concession Agreement Approved For Submittal By: City Manager~ Agenda ~o. Dept. of Origin: City Manager Date Submitted: ~0/~7/90 For Agenda Exhibits: - Resolution No. R-90-43 - Golf Course Concession Agreement EXPENDITURE REQUIRED: AMOUNT BUDGETED ~PPROPRIATION REQUIRED: SUMMARY STATEMENT At its Regular Meeting of August 22, 1990, the city Council approved the rank order of proposers for the Golf Course Restaurant Concession and directed staff to commence negotiations with the number one proposer, Dennis and Theresa Fink. The attached agreement is a result of those negotiations and incorporates concerns from the City's golf course bond counsel, Squire, Sanders & Dempsey of Miami and the Federal Aviation Administration office in Orlando. The agreement also incorporates the results of our meeting with the Division of Alcoholic Beverages and Tobacco. Additionally, police background checks were conducted and nothing negative found. Business and personal references were also contacted and no negative information obtained. We anticipate that the agreement will be signed by the Fink's by the City Council Meeting of October 24, 1990. In the event the agreement is not signed by that time, we may request the City Council to withdraw the matter. RECOMMEND Move to approve Resolution No. R-90-43 approving a concession agreement for the Sebastian Municipal Golf Course. RESOLUTION NO.: R-90-43 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYORANDTHE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A CONCESSION AGREEMENT WITH DENNIS R. FINK AND THERESA L. FINK, IN A FORM IDENTICAL TO THE CONCESSION AGREEMENT ATTACHED TO THIS RESOLUTION AS EXHIBIT ,,Aw,, WHEREBY DENNIS R. FINK AND THERESA L. FINK WOULD OPERATE THE RESTAURANT AND SNACK BAR IN CONNECTION WITH THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council and Mr. and Mrs. Dennis R. Fink desire to enter into a Concession Agreement whereby Dennis R. Fink and Theresa L. Fink would operate the restaurant and snack bar at the Sebastian Municipal Golf Course in accordance with the provisions of the proposed Concession Agreement, a copy of which is attached to this Resolution as Exhibit "A", and incorporated herein by this reference; and, WHEREAS, the City Council has reviewed the proposed Concession Agreement provided to them by city staff, and, WHEREAS, the City Council has determined that entering into the proposed Concession Agreement will serve a public and municipal purpose by providing food and beverage service to the general public without economic cost or risk to the City, thereby reducing the City's administrative burden while providing concession revenue to the City; and WHEREAS, the City Council has determined that the proposed Concession Agreement will not cause the City to be unable to comply with the terms and covenants of the bond resolutions adopted by the City Council on the 19th day of November, 1980, and the 29th day of January, 1981, entitled "Resolution R-80-45" and "Resolution R- 81-3", respectively, nor hinder the ability of the city to maintain the financial integrity of the golf course facilities, nor impair the ability of the City to operate the golf course facilities and collect the gross revenues in the amounts necessary to comply with all of the terms and covenants of the Resolution R-80-45 and Resolution R-81-3. 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 sign, on behalf of the City, the Concession Agreement with the Dennis R. Fink and Theresa L. Fink, a copy of which is attached to this Resolution as Exhibit "A", and incorporated herein by this reference. Section 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3, SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the 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 2 this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Se~ion 4. EFFECTIVE D~TE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman Councilman vote, the vote was as follows: The motion was seconded and, upon being put to a Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 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 CONCESSION AGREEMENT THIS CONCESSION AGREEMENT, made and entered into this day of , 1990, by and between the CITY OF SEBASTIAN, FLORIDA, a FlOrida municipal corporation located in Indian River County, Florida (hereinafter referred to as the "City"), and DENNIS R. FINK and THERESA L. FINK, who reside at 201 Plantation Club Drive, No. 1607, Melbourne, Florida 32940-1970 (hereinafter collectively referred to as "Concessionaire"). W I T N E S S E T H: WHEREAS, the City operates a municipal golf course, the facilities of which include a clubhouse and snack bar; and WHEREAS, the City desires that a food service concession be made available within the clubhouse and snack bar facilities to provide food and refreshments for the better accommodation, convenience and welfare of the general public using said golf course; and WHEREAS, Concessionaire possesses substantial experience in the food service industry; and WHEREAS, the City and Concessionaire desire to enter into an agreement whereby Concessionaire is granted the exclusive right to provide food services in the clubhouse and snack bar facilities located on the golf course. NOW, THEREFORE, in consideration of the premises, the covenants, terms and conditions to be performed as set forth hereinafter, the receipt and sufficiency of which are hereby acknowledged, the parties hereto have agreed and do agree as follows: 1. License: Subject to the terms and conditions set forth in this Agreement, the City hereby grants to Concessionaire an exclusive, nontransferable and personal license to operate a food service business in the clubhouse and snack bar located on the City's municipal' golf course, as more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter referred to as the "Concession Facilities"). 2. Term: The term of this Agreement shall be for three (3) years comme~ng on , 1990 and ending on , 1993, unless earlier terminated as provided herein (the "Term"). So long as Concessionaire is not in default of any term, condition or covenant provided herein, Concessionaire shall have the option to renew this Agreement for two (2) additional one (1) year periods (the "Option Term") by providing the City with written notice of Concessionaire,s decision to exercise said option no less than sixty (60) days and no more than ninety (90) days prior to the expiration of the current Term or Option Term, as the case may be. Following the expiration of the final Option Term, this Agreement, and the terms, conditions and obligations provided herein, shall continue in full force and effect until such time as either party shall elect to terminate this Agreement. An election to terminate this Agreement shall not be effective unless the electing party shall give the non-electing party written notice of such election at least ninety (90) days prior to the effective date of termination. 3. Concession Fee: (a) Basic Concession Fee: Concessionaire hereby agrees to pay the City in return for ~he license granted herein, the basic concession fee of Two Thousand Four Hundred and 00/100 Dollars ($2,400.00) per year, payable in equal monthly installments of Two Hundred and 00/100 Dollars ($200.00) each, on the first day of each calendar month commencing on 1990 and continuing on each successive moh'{h there'~fter fOr as long as this Agreement remains in effect. (b) Adjustments to Basic Concession Fee: At the end of the first year during the Term h6F'eof, ahd thegeafter at the end of each succeeding year during said Term, the basic concession fee (and the monthly installments thereof) shall be increased in an amount equal to the basic concession fee in effect immediately prior to each such increase multiplied times five percent (5%). The basic concession fee thereby established by such increase shall continue in effect as the basic concession fee required to be paid hereunder until again increased as herein provided. At the end of the final Option Term as set forth in paragraph 2, the basic concession fee shall be increased in an amount equal to the basic concession fee in effect at such time multiplied times ten percent (10%) and, thereafter, at the end of each succeeding year for as long as this Agreement remains in effect, the basic concession fee shall be increased by an amount equal to the basic concession fee effective at the time of such increase multiplied times five percent (5%). The basic concession fee thereby established by each such increase shall continue in effect as the basic concession fee required to be paid hereunder until again adjusted as herein provided. (c) Gross Receipts Percent99e Fee: In addition to the basic concession fee set forth above, Concessionaire shall pay to the City, on a monthly basis, ten percent (10%) of Concessionaire's beer, wine and liquor gross receipts (sales less applicable tax) as determined under and according to the terms set forth in Paragraph 6(i) of this Agreement. (d) Additions to Concession Fee: Concessionaire shall pay, in addition to the concession fee provided hereinabove, interest at the rate of two percent (2%) per month on any basic concession fee due that is not received within five (5) days of its due date. Concessionaire shall also be required to pay interest 2 at the rate of two percent (2%) per month of the previous month's gross liquor receipts for any gross receipts percentage fee which is not received within ten (10) days of its due date. 4. Use of .Equipment: Concessionaire shall be entitled to use the equipmeh~ provided by the City listed on Exhibit "A" which is attached hereto and incorporated herein by this reference. Concessionaire shall maintain all equipment used in the operation of the Concession Facilities, whether such equipment be owned by the City or by Concessionaire, subject to normal wear and tear. Concessionaire shall indemnify the City against any loss, theft or damage of the equipment provided by the City when said loss, theft or damage is the result of the fault or negligence of Concessionaire, its employees or agents. Concessionaire shall promptly repair or replace equipment which is lost, stolen or damaged within five (5) days of such loss, theft or damage. Upon the expiration or termination of the Agreement, Concessionaire shall return to the City all equipment listed on Exhibit "A." Concessionaire agrees to pay the City an amount equal to the current replacement price of each item not returned, or returned in an unserviceable condition, ordinary wear and tear excepted. In the event of the termination, or upon the expiration, of this Agreement, the City shall have the first option of purchasing, for an amount ascertained by negotiations, any or all of the property belonging to Concessionaire and used by Concessionaire in the performance of its obligations hereunder, including, but not limited to, furniture, furnishings, equipment, utensils, food, beverages and miscellaneous supplies on hand, which option shall be exercised by the City within thirty (30) days prior to the date of the termination or expiration of this Agreement. Concessionaire and the City hereby agree to conduct an inventory of said property within the first twenty (20) days of said thirty (30) day period. Concessionaire shall also have the exclusive right to use and to exercise control over any and all vending machines located in or about the Concession Facilities which dispense food or beverages. 5. Continuous Operation: Concessionaire shall operate a food service buS~'ness t'h the Concession Facilities seven (7) days a week, including all holidays, during the normal hours of operation of the golf course. Concessionaire shall have the option of opening the Concession Facilities, or remaining open for business, on those days the golf course is closed due to inclement weather. Concessionaire shall open the Concession Facilities for business one-half (1/2) hour prior to the first tee time and close no earlier than one (1) hour after the course is closed to the public. Concessionaire shall ensure that food services shall be available for tournaments, special events and meetings. Concessionaire shall supply a hospitality cart at such times as mutually agreed upon by Concessionaire and the City. 6. Operation and Maqg~ement: (a) Standards of Operations: Concessionaire shall operate the Concession Faci~'~ties in a businesslike manner appropriate to the image of a golf course operation. The operation of the Concession Facilities shall be conducted in an orderly manner, without unnecessary disruption to the golf course operations. The City hereby reserves the right to review and give final approval, through the City Manager or his designee, on all facets of the operation of the Concession Facilities, including, but not limited to, decor, entertainment, menu, prices, hours of operation, parking and employees. (b) Manager: Concessionaire shall be available during hours of operation and shall act as manager of the Concession Facilities. If Concessionaire shall at any time be absent from the Concession Facilities during hours of operation, Concessionaire shall designate a facilities manager to act in Concessionaire's stead. (c) Employees: Concessionaire shall bear sole responsibility for the continuous staffing of the Concession Facilities. Concessionaire shall ensure that sufficient employees are on hand at all times to provide outstanding service to the public. Concessionaire shall regulate Concessionaire's employees so that they will be courteous and helpful to the public. Concessionaire shall have the exclusive duty and right to retain and terminate employees provided, however, that the City shall have the right to require Concessionaire to replace any employee who is abusive, under the influence of or who habitually uses alcohol or drugs, or who is afflicted by diseases, or whose conduct or appearance otherwise detracts from the Concession Facilities' reputation and profitability. Concessionaire hereby agrees to give consideration to hiring three (3) current employees, including one (1) bartender and two (2) waitress/utility persons, for the operation of the Concession Facilities. (d) Menu: Concessionaire shall provide the public food and drink of a hi-~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 for all merchandise sold shall be posted in a conspicuous place on the Concession Facilities. Concessionaire shall also post, in a conspicuous place on the Concession Facilities, a notice which identifies Concessionaire as the owner and operator of the concession. An identical notice shall be included on Concessionaire's menu. (e) Cleaning: Concessionaire shall keep all fixtures, equipment and personal property which are located in the Concession Facilities, whether owned by Concessionaire or the City, in a clean, sanitary and orderly condition at all times, and conduct'the food service operation strictly in accordance with all applicable rules, regulations and code requirements including, but not limited to, the Health Department, Indian River County Unit. Concessionaire shall also be responsible for maintaining the floors in the kitchen, storeroom and dining areas in a clean and orderly state. Concessionaire shall be responsible for the storage and collection of solid waste and shall bear the associated costs thereof. Concessionaire may, with the City's approval, select a site on the golf course property for storage of such solid waste. (f) ~ompliance: Concessionaire shall comply with all requirements of any of the constituted public authorities and with the terms of any state, federal or local ordinance or regulation applicable to Concessionaire or Concessionaire's use of the Concession Facilities, and indemnify, defend and save the City harmless from penalties, fines, costs or damages resulting from Concessionaire's failure to so comply. (g) Alcoholic Bey9rage License: Concessionaire shall secure and maintain an llC and an llCX liquor license from the Florida Department of Business Regulation, Division of Alcoholic Beverages and Tobacco. (h) Licenses and Permits: Concessionaire shall be responsible for and shall secure the necessary permits and licenses required for the operation of the Concession Facilities. (i) Books and Records: Concessionaire shall maintain, during the Term bf this Agreement, or renewal or extension thereof, all books, reports and records customarily maintained in similar type operations. The form of all such records and reports shall be subject to the approval of the City's auditors. All sales of beer, wine and liquor shall be recorded by cash register which shall be read daily before sales begin by the City's Golf Course Business Manager, unless he or she shall not be available to do so. The City or its agents may audit or examine all records relating to Concessionaire's operation during Concessionaire's normal business hours. Concessionaire 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 (10th) day following the end of each calendar month throughout the Term of the Agreement, or renewal or extension thereof, Concessionaire shall furnish to the City's Finance Department and Golf Course Business Manager a report of gross receipts earned on the sale of beer, wine and liquor during the preceding calendar month, on forms approved by the City. The said reports shall be signed by Concessionaire who shall certify the accuracy of such reports. Monthly gross receipts percentage fees due pursuant to Paragraph 3(c) of this Agreement shall be paid with the submission of these reports. Concessionaire shall submit to the City's Finance Department a quarterly financial report detailing the beer, wine and liquor purchases and sales occurring 5 during said period, prepared by a certified public accountant. Concessionaire shall permit, at any time and at the City's expense, a report to be prepared and certified by an independent certified public accountant, as to the correct amount of gross liquor receipts per month arising from said operation; which shall be prepared in conformance with the American Institute of Certified Public Accountants Requirements for "Special Reports." Concessionaire shall pay all costs associated with said report in the event that Concessionaire's quarterly report varies by more than three percent (3%) of the report prepared by the City's independent certified public accountant. Concessionaire hereby agrees that it shall keep and preserve for at least three (3) 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 during the Term of this Agreement, or renewal or extension thereof. (J) Improvements: Concessionaire shall have the right to improve the Concession Facilities, subject to the approval of the City Manager or his designee. All costs of any improvements shall be borne by Concessionaire. All improvements made on the Concession Facilities shall become the property of the City upon their construction or installation. Major remodeling or expansion shall be coordinated with the City. (k) Debts and Obligations: Concessionaire shall pay promptly when due all billS, d6bts and obligations incurred in connection with the operation of the Concession Facilities, including social security taxes and withholding for its employees, and shall not permit such debts or obligations to become delinquent and shall suffer no lien, mortgage, judgment, execution or adjudication in bankruptcy which will in any way impair the rights of the City under this Agreement. 7. Utilities: Concessionaire shall be responsible for and shall pay on a monthly basis sixty percent (60%) of the electricity costs reflected on the electric account for the Club House building in which the Concession Facilities are located. The City shall provide water but shall not guarantee its quality. Should the Indian River County sewer system become available and should the City connect the Concession Facilities to said system, Concessionaire shall be responsible for and shall pay a proportionate share of the monthly service charge, including all taxes and franchise fees related to said sewer service. Concessionaire shall provide, at Concessionaire.s sole cost and expense, extermination and pest control services as needed. 8. Taxes: Concessionaire shall pay, or cause to be paid before delinquency, any and all taxes levied or assessed which become payable during the Term of this Agreement, or renewal or extension thereof upon all Concessionaire's equipment, furniture, fixtures and any other personal property located in the Concession Facilities. In the event any or all of Concessionaire's improvements, equipment, furniture, fixtures and other personal property shall be assessed and taxed with the real property, Concessionaire shall pay to the City its share of such taxes applicable to Concessionaire's property. Concessionaire shall pay all sales or use tax relating to the Concession Facilities, and for any improvements thereon, which might arise or become due during the Term of this Agreement, or renewal or extension thereof, and Concessionaire shall indemnify, defend and hold the City harmless against the same. 9. Insurance: (a) Worker's Compensation Insurance: Concessionaire shall provi~nd keep in ~ofce at its own expense worker's compensation insurance as a required by Florida Statutes. In the event Concessionaire or the City undertakes to improve or remodel the Concession Facilities, Concessionaire shall provide and keep in force at its own expense worker's compensation insurance on all personnel engaged in such activities and shall require any and all subcontractors to provide worker's compensation insurance for all of said subcontractors' employees who are engaged in such work, unless such employees are covered by the protection afforded by Concessionaire's insurance. Concessionaire shall indemnify, defend and hold the City harmless from any and all claims or lawsuits resulting from injury to or actions of the employees of Concessionaire. (b) Liability Insurance: Concessionaire shall provide and keep in force at Concessionaire's own expense public liability and property damage insurance coverage with respect to the Concession Facilities and all improvements made thereto. The insurance coverage to be provided by Concessionaire shall contain limits of not less than $500,000 for injury or death of any one person and $1,000,000 for injury or death for any one accident, together with $1,000,000 for damage to property. (c) Contractual Liability Insurance: Concessionaire shall provide and keep in force at Concessionaire's own expense contractual liability insurance covering all liability arising out of the terms of this Agreement. (d) Liquor Liability Insurance: Concessionaire shall provide and keep in force at Concessionaire's own expense liquor liability insurance containing limits of not less than $1,000,000 per occurrence. (e) Miscellaneous: Concessionaire shall furnish certificates of such"insurance a~d copies of insurance policies to the City Clerk, 1225 Main Street, P. O. Box 780127, Sebastian, Florida 32978, at least fifteen (15) days prior to the commencement of operations under this Agreement, and annually thereafter. Said certificates shall clearly name the City as an additional insured, and'shall contain a clause specifying that the insurance carrier shall be obligated to advise the City in writing at least thirty (30) days in advance prior to the cancellation of any coverage. The City reserves the right to annually review and revise any policy of insurance required hereinabove, however, any increase in amounts or types of coverage shall not be unreasonable or excessive. 10. ~: Concessionaire shall indemnify, defend and hold the c~ess against and from any and all claims, costs, damages, judgments, expenses and attorney's fees incurred by the City arising from Concessionaire's use of the Concession Facilities or from the conduct of Concessionaire's business or from any activity, work, other things done, permitted or suffered by Concessionaire or Concessionaire's employees, guests or invitees in or about the Concession Facilities; from Concessionaire's failure to comply with any law, rule, regulation or order of any governmental authority; from any and all claims arising from any breach or default in the performance of any obligation on Concessionaire's part to be performed under the terms of this Agreement; or, from any employee, guest or invitee of Concessionaire, and, from all costs, attorney's fees and liabilities incurred in the defense of any such claim or action or proceeding brought thereon. Concessionaire, as part of the consideration to the City, hereby assumes all risks of damage to the property or injury to persons in, upon or about the Concession Facilities, from any cause other than the City's willful or intentional acts; and Concessionaire hereby waives all claims in respect thereof against the City. Concessionaire shall give prompt notice to the City in case of casualty or accidents in or about the Concession Facilities. 11. Entry by the City: The City reserves, and shall at any and all times h~e, the right to enter the Concession Facilities to inspect the same. The City also reserves the right, from time to time, at the City's own expense by its officers, agents and contractors, to make such renovations, repairs or changes in, about and to the Concession Facilities, other than those repairs or improvements undertaken by Concessionaire herein, as the City deems desirable, including renovation/replacement of the existing Concession Facilities with new Concession Facilities. Concessionaire hereby waives any claim for damages or for any injury or inconvenience to or interference with Concessionaire's business during such renovation, repairs or changes; provided, however, that concession fees shall be abated for any period during which Concessionaire is prevented from conducting Concessionaire's business due to such renovations, repairs or changes. 12. Default by Concessionaire: The occurrence of any of the following shall constitute"~"a default by Concessionaire: 8 (a) Institution by Concessionaire of a voluntary pr°ceeding in bankruptcy; (b) Institution of an involuntary proceeding in bankruptcy against Concessionaire if such proceeding continues for a period of ninety (90) days; of creditors; (c) Assignment by Concessionaire for the benefit (d) Abandonment of the Concession Facilities which abandonment shall be Concessionaire's absence from the Concession Facilities or the cessation of business in said Concession Facilities for a period of seven (7) days or more; discontinuation of Concessionaire operations hereunder; (e) Nonpayment of any sum due hereunder, when such nonpayment continues for a period of thirty (30) days after the due date for such payment; (f) Nonperformance by Concessionaire of any covenant, term or condition of this Agreement; or any other action or inaction constituting a breach of this Agreement and the failure by Concessionaire to cure such nonperformance or breach within thirty (30) days of receiving a notice to cure from the City; (g) The conduct of any business or the merchandising of any product or service by Concessionaire not specifically authorized herein; (h) A final judicial determination that any litigation instituted by Concessionaire against the City was groundless or frivolous to the extent that attorney's fees may be awarded pursuant to Florida Statute Section 57.105; (i) The lapse, suspension or revocation of any of Concessionaire's alcoholic beverage licenses, or other license or permit required to operate the Concession Facilities; (j) The issuance by the City, pursuant to Paragraph 13 below, of three (3) or more notices of breach within any twelve (12) month period. 13. Remedies of the C~ty: In the event of any default as described above or breach by Concessionaire, the City shall provide written notice to Concessionaire of such default or breach and the Concessionaire shall have fifteen (15) days within which to cure such default or breach. In the event Concessionaire fails to cure said default or breach within said fifteen (15) day period to the satisfaction of the City, the City may, at any time thereafter, at its sole discretion, with or without notice or demand and without limiting the City 'in the exercise of a right or remedy which the City may have by reason of such default or breach: (a) Terminate this Agreement, in which case Concessionaire shall immediately vacate the Concession Facilities and the City shall be entitled to recover from Concessionaire all damages incurred by the City by reason of Concessionaire's default including, but not limited to, the cost of recovering possession of the Concession Facilities, necessary costs for the renovation and alteration of the Concession Facilities and reasonable attorney's fees; (b) Pursue all other remedies now or hereinafter available to the City under the laws or judicial decisions of the State of Florida. 14. Concessionaire's Right to Terminate: Concessionaire shall have the right to te~'~nate this ~greement upon thirty (30) days advance written notice to the City upon the occurrence of any of the following: (a) Issuance by a court of competent jurisdiction of any permanent injunction substantially restricting the use of the Concession Facilities for commercial purposes when said injunction remains in force for ninety (90) days or more; (b) A breach by the City of any of the terms or conditions of this Agreement and failure by the City to remedy such breach during a period of thirty (30) days after receipt of written notice of the existence of such breach; (c) The assumption by the United States Government or any agency thereof, or any other governmental agency, of the operation, control or use of the Concession Facilities or any substantial part thereof in such a manner as to substantially restrict Concessionaire's operations for a period of ninety (90) days or more. 15. Damage to Concession Facilities: In the event that the Concession Facilities are destroyed or damaged by fire or other casualty so as to render the Concession Facilities unfit for their intended use, this Agreement shall be suspended until such time as the Concession Facilities are again rendered fit for their intended use. The City shall be under no obligation to rebuild or repair the Concession Facilities in the event they are damaged or destroyed. In the event the City elects not to rebuild or repair the Concession Facilities, it shall notify Concessionaire of same and, upon furnishing such notice, this Agreement shall terminate. 16. Vacation of Concession Facilities:' On the expiration or other termination"of th£s Agreement, for any reason whatsoever, Concessionaire shall vacate the Concession Facilities 10 and shall leave the Concession Facilities in good order, condition and repair, except for reasonable wear and use thereof. 17. Right of Injunctive Relief: In the event of a breach or threatened breach by either par~y of any of the covenants or provisions hereof, the non-breaching party shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. 18. Right~ Not Exclusive: No right or remedy herein conferred upon or reserved to either party is intended to be exclusive of any other right or remedy herein or by law provided but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. 19. Right of Assignee of City: The right to pursue the remedies herein provided against the Concessionaire and to enforce all of the other provisions of this Agreement may, at the option of any assignee of this Agreement, be exercised by any assignee of the City's right, title and interest in this Agreement in its own name, any statute, rule of court, custom, or practice to the contrary notwithstanding. 20. Remedies Cumulative: Ail of the remedies hereinbefore g£~'~n to either party and all rights and remedies given to them by law and equity shall be cumulative and concurrent. No termination of this Agreement or the taking or recovering the Concession Facilities shall deprive the City of any of its remedies or actions against the Concessionaire for concession fees or sums due as if there has been no termination; nor shall the bringing of any action for concession fees or breach of covenant, or the resort to any other remedy herein provided for the recovery of concession fees be construed as a waiver of the right to obtain possession of the Concession Facilities. 21. Eminent Domain: (a) If all or any part of the Concession Facilities shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, the building(s) and/or improvements on the Concession Facilities shall belong to the City. Nothing herein shall prevent the City from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. (b) In the event the condemnation or taking is to such an extent that it is impracticable for the Concessionaire to continue operations in the Concession Facilities, this Agree~ent shall terminate. 11 22. Identity of Interest: The execution of this Agreement or the performan6~ of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the City and the Concessionaire the relationship of principal and agent or of a partnership or of a Joint venture and the relationship between them shall be and remain only that of City and Concessionaire. 23. Notices and Reports: Any notice, report, statement, approval, consent, d~signation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: City of Sebastian Attention: City Manager P.O. Box 780127 Sebastian, Florida 32978 Concessionaire: Dennis R. and Theresa L. Fink 201 Plantation Club Drive, #1607 Melbourne, FL 32940 provided, however, that either party may designate a different address from time to time by giving to the other party notice in writing of the change. Concession fees to the City shall be made by the Concessionaire at the address listed above. 23. Nondiscrimination: The Concessionaire for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (l) no person on the grounds of religion, gender, age, race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Concession Facilities; (ii) that in the construction of any improvements on, over or under the Concession Facilities and the furnishing of services thereon, no person on the grounds of religion, gender, age, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 24. Headings No Part of ..Agreement: Any headings preceding the text of th~ several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 12 - 25. Severability: If a provision of this Agreement is held invalid, it is hereby agreed that all valid provisions that are severable from the invalid provision remain in effect, if a provision in this Agreement is held invalid in one or more of its applications, the provision remains in effect in all applications. 26. Contains All A~reements: It is'expressly understood and agreed by an~'between the Parties hereto that this Agreement, including the Exhibit, sets forth all the promises, agreements, and conditions or understandings between the City and the Concessionaire relative to the Concession Facilities and that there are no promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. It is further understood and agreed that, except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the City or Concessionaire unless reduced to writing and signed by them. 27. Assignment: Concessionaire shall not assign Concessionaire's rights and obligations under this Agreement without the written consent of the City, which may be denied for any reason by the City. 28. Heirs and As~i~nees: Ail rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties; and if there shall be more than one Concessionaire, they shall all be bound jointly and severally by the terms, covenants and agreements herein, and the word "Concessionaire" shall be deemed and taken to mean each and every person or party mentioned as a Concessionaire herein, be the same one or more; and if there shall be more than one Concessionaire, any notice required or permitted by the terms of this Agreement may be given by or to any one thereof, and shall have the same force and effect as if given by or to all thereof. The words "his" and "him" or "its" wherever stated herein, shall be deemed to refer to the "City" or the "Concessionaire" whether such City or Concessionaire be singular or plural and irrespective of gender. No rights, however, shall inure to the benefit of any assignee of the Concessionaire unless the assignment to such assignee has been approved by the City in writing as aforesaid. 29. Concessionaire Forbidden to Encumber Concession Facilities: It is expressly agreed a~d understood between the parties hereto that nothing in this Agreement shall ever be construed as empowering Concessionaire to encumber or cause to be encumbered the Concession Facilities in any manner whatsoever. In the event that regardless of this prohibition any person furnishing or claiming to have furnished labor and materials at the request of Concessionaire, or any person claiming by, through or under Concessionaire, shall file a lien against the Concession 13 Facilities, Concessionaire shall, within thirty (30) days after being notified thereof, cause such lien to be satisfied of record or cause the Concession Facilities to be released therefrom by the posting of a bond or other security as prescribed by law, or shall cause same to be discharged as a lien against the Concession Facilities by an order of a court having jurisdiction to discharge such lien. In the event the lien is not discharged as required above, the City may advance funds necessary to discharge the lien and recover any amounts so paid from Concessionaire. 30. FAA Approval and Regulation: Concessionaire and the City acknowledg~ that this Ag~'~ement may~"be subject to approval by the Federal Aviation Administration ("FAA"). The parties, therefore, agree that in the event FAA approval is required and the FAA refuses to either grant its approval or issue a letter of no objection with respect to this Agreement, the parties shall modify the terms of this Agreement in the manner and to the extent necessary in order to obtain the FAA's approval. In the event any such modification would serve to materially increase the obliga- tions of a party hereunder, the affected party may terminate this Agreement upon giving thirty (30) days advance written notice to the non-affected party. 31. Division of Alcoholic Beverages and Tobacco Regulation: Concessionaire ann'{he City acknowledge that in o~der for Concessionaire to secure and maintain the alcoholic beverage licenses required hereunder, this Agreement must comply with certain regulations of the Florida Department of Business Regulation, Division of Alcoholic Beverages and Tobacco. The parties, therefore, agree that in addition to those rights previously granted to Concessionaire herein, Concessionaire shall have access to the entire golf course and all facilities located thereon to the extent necessary to secure and maintain the required alcoholic beverage licenses. Concessionaire shall also have the right to refuse to sell alcoholic beverages to patrons of the golf course, or its facilities, who are not golf course club members. The City hereby agrees to prohibit, on the golf course and in all facilities located thereon, the possession or consumption of alcoholic beverages not sold by Concessionaire. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Attest: CITY OF SEBASTIAN Kathryn M. O'Halloran, CMC/AAE City Clerk By. W. E. Conyers, Mayor (SEAL) 14 Approved as to form and content: CHARLES IAN NASH, City Attorney CONCESSIONAIRE: DENNIS R. FINK THERESA L. FINK 15 City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: Yacht Club Parking Lot Resurfacing Approved For Submittal By: City Manager, Agenda No. Dept. of Origin: City Manager Date Submitted: 10/16/90 For Agenda Of: 10/24/90 Exhibits: - Mosby Plan Dated 10/11/90 EXPENDITURE REQUIRED: None At This Time AMOUNT BUDGETED: $12,000 APPROPRIATION REQUIRED: SUMMARY STATEMENT The current Capital Projects Fund. allows for the resurfacing of the existing parking lot at the Yacht Club. We plan to overlay the existing asphalt with a new 3/4" mat. This project will not require a St. John's River Water Management District Permit since we are not enlarging the hard surface area. In reviewing the parking lot layout, we can increase the number of boat trailer spaces from eight (8) to seventeen (17) by establishing a one way traffic pattern through the parking lot. We also propose to provide some additional landscaping areas to better define the entrance and exits of the parking lot. While the additional boat trailer parking will reduce the number of regular parking spaces, most activities at the Yacht Club are in the evening hours and passenger cars can park in the boat trailer spaces without conflict. Finally, we propose upgrading the handicap parking spaces to current standards and to construct a new handicap ramp from the handicap spaces to the Yacht Club building. RECOMMENDED ACTION Move to approve the parking lot resurfacing and stripping plan as prepared by Mosby & Associates, Inc., and dated 10/11/90. r~U...L,I;,IVI-U UL, I Z /! 199U john h. dean architect & associates, p. a., a. i.a. October 23, 1990 Robert McClary P.O. Box 780127 Sebastian, FL 32978 Subject: Review of the City of Sebastian Records Storage Vault And Space Planning Services by Associated Design & Drafting, Inc. Mr. McClary: This letter is in response to your request for me to review the services by Associated Design and Drafting, Inc. t~at were hired and paid for by the City of Sebastian, under your direction. Jane Lewis' proposal, dated May 10, 1989, appears adequate in description and content to serve as an acceptable agreement for the v~rk outlined. The fee of $1,800.00 for the work described in the agreement, dated May 10, 1989, is a fair fee. Although the new addition is just 340 square feet, the outlined work description of space planning, filing system, research and construction drawings would justify the contract fee amount. I have contacted reviewing parties involved in this contract and have been told that ^ssociatedDesign and Drafting, Inc. not only provided the construction drawing for the storage vault, but also researched shelving systems, did space planning and provided various office layouts. The quality of the drawings submitted for the construction of the Records Storage Vault b~as been done in a professional manner, which w~uld normally be adequate for a building permit in the City of Sebastian or Indian River County. I do not agree with all of the construction details shown on the drawings, buteach designer looks at things in a little different way. The drawings appear generally adeqmate for a Florida licensed general contractor to perform the work once permitted by your BuildingDepartment. In the future, as a professiomal architect, I would recommend .that all conmmlnity work involving the use or ~abitation of public space be designed and built under the direct supervision of a Florida registered architect. ~jdnn h. dean, /Architect .~ "Unless tbe Lord build the house th~ labor in vain that build it." PS. 127 2223 lOth Avenue, Vero Beach, Florida 32960 · (407) 567-4907 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: RE: October 23, 1990 W. E. Conyers, Ma ,& Sebastian City Council Robert S. McClaryy~ Golf Course Restaurant Lease Attached is a revised copy of Resolution R-90-43 which authorizes the Mayor and City Clerk to sign an agreement for the operation of the golf course restaurant and snack bar. The resolution and attached agreement have been changed to put the name of the agreement in a corporation name rather than as individuals. Therefore, the City would be entering into an agreement with DTF, Inc., for the golf course concession and the corporate performance of DTF, inc., would be personally guaranteed by Dennis R. and Theresa L. Fink. Otherwise, there are no changes. /jmt Attach. RESOLUTION NO.: R-90-43 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZIN0 THE MAYOR AND THE CITY CLERK TO SION, ON BEHALF OF THE CITY, A CONCESSION AOREEMENT WITH DTF, INC., DENNIS R. FINK AND THERESA L. FINK, IN A FORM IDENTICAL TO THE CONCESSION AOREEMENT ATTACHED TO THIS RESOLUTION AS EXHIBIT "A", WHEREBY DTF, INC., WOULD OPERATE THE RESTAURANT AND SNACK BAR IN CONNECTION WITH THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDINO FOR AN EFFECTIVE DATE. WHEREAS, the City Council and DTF, Inc., a Florida Corporation, Dennis R. Fink and Theresa R. Fink desire to enter into a Concession Agreement whereby DTF, Inc., would operate the restaurant and snack bar at the Sebastian Municipal Golf Course in accordance with the provisions of the proposed Concession Agreement, a copy of which is attached to this Resolution as Exhibit "A", and incorporated herein by this reference; and, WHEREAS, the City Council has reviewed the proposed Concession Agreement provided to them by city staff, and, WHEREAS, the City Council has determined that entering into the proposed Concession Agreement will serve a public and municipal purpose by providing food and beverage service to the general public without economic cost or risk to the City, .thereby reducing the City's administrative burden while providing concession revenue to the City; and WHEREAS, the City Council has determined that the proposed Concession Agreement will not cause the City to be unable to comply ~with the terms and covenants of the bond resolutions adopted by the City Council on the 19th day of November, 1980, and the 29th day of January, 1981, entitled "Resolution R-80-45" and "Resolution R-81-3", respectively, nor hinder the ability of the City to maintain the financial integrity of the golf course facilities, nor impair the ability of the City to operate the golf course facilities and collect the gross revenues in the amounts necessary to comply with all of the terms and covenants of the Resolution R-80-45 and Resolution R-81-3. 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 sign, on behalf of the City, the Concession Agreement with DTF, Inc., Dennis R. Fink and Theresa L. Fink, a copy of which is attached to this Resolution as Exhibit "A", and incorporated herein by this reference. Section 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the 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 2 remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman by Councilman vote, the vote was as follows: . The motion was seconded and, upon being put to a Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. ATTEST: CITY OF SEBASTIAN, FLORIDA By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 3 CONCESSION AGREEMENT THIS CONCESSION AGREEMENT, made and entered into this day of , 1990, by and among the CITY OF SEBASTIAN, FLORIDA, a Fi~rida municipal corporation located in Indian River County, Florida (hereinafter referred to as the "City"), and DTF, INC., a Florida corporation (hereinafter referred to as "Concessionaire") and DENNIS R. FINK and THERESA L. FINK, individually, who reside at 201 Plantation Club Drive, No. 1607, Melbourne, Florida 32940-1970 (hereinafter collectively referred to as "Guarantors"). W I T NE S S E T H: WHEREAS, the City operates a municipal golf course, the facilities of which include a clubhouse and snack bar; and WHEREAS, the City desires that a food service concession be made available within the clubhouse and snack bar facilities to provide food and refreshments for the better accommodation, convenience and welfare of the general public using said golf course; and WHEREAS, Concessionaire possesses substantial experience in the food service industry; and WHEREAS, the City and Concessionaire desire to enter into an agreement whereby Concessionaire is granted the exclusive right to provide food services in the clubhouse and snack bar facilities located on the golf course; and WHEREAS, Guarantors have a financial interest in Concessionaire and desire to induce the City to enter into this Agreement with Concessionaire by providing the guarantees set forth herein. NOW, THEREFORE, in consideration of the premises, the covenants, terms and conditions to be performed as set forth hereinafter, the receipt and sufficiency of which are hereby acknowledged, the parties hereto have agreed and do agree as follows: 1. License: Subject to the terms and conditions set forth in this Agreement, the City hereby grants to Concessionaire an exclusive, nontransferable and personal license to operate a food service business in the clubhouse and snack bar located on the City's municipal golf course, as more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter referred to as the "Concession Facilities"). 2. Term: The term of this Agreement shall be for three (3) years comme--~ng on , 1990 and ending on 1993, ualess earlier terminated as provided herein (the "Term"). So long as Concessionaire is not in default of any term, condition or covenant provided herein, Concessionaire shall have the option to renew this Agreement for two (2) additional one (1) year periods (the "Option Term") by providing the City with written notice of Concessionaire's decision to exercise said option no less than sixty (60) days and no more than ninety (90) days prior to the expiration of the current Term or Option Term, as the case may be. Following the expiration of the final Option Term, this Agreement, and the terms, conditions and obligations provided herein, shall continue in full force and effect until such time as either party shall elect to terminate this Agreement. An election to terminate this Agreement shall not be effective unless the electing party shall give the non-electing party written notice of such election at least ninety (90) days prior to the effective date of termination. 3. Concession Fee: (a) Basic Concession Fee: Concessionaire hereby agrees to pay the City ~"'retur~ for the license granted herein, the basic concession fee of Two Thousand Four Hundred and 00/100 Dollars ($2,400.00) per year, payable in equal monthly installments of Two Hundred and 00/100 Dollars ($200.00) each, on the first day of each calendar month commencing on 1990 and continuing on each successive month {hereaf~'er fo~ as ~ong as this Agreement remains in effect. (b) Adjustments to Basic Concession Fee: At the end of the first year during the Term h~'re0f, a~d thereafter at the end of each succeeding year during said Term, the basic concession fee (and the monthly installments thereof) shall be increased in an amount equal to the basic concession fee in effect immediately prior to each such increase multiplied times five percent (5%). The basic concession fee thereby established by such increase shall continue in effect as the basic concession fee required to be paid hereunder until again increased as herein provided. At the end of the final Option Term as set forth in paragraph 2, the basic concession fee shall be increased in an amount equal to the basic concession fee in effect at such time multiplied times ten percent (10%) and, thereafter, at the end of each succeeding year for as long as this Agreement remains in effect, the basic concession fee shall be increased by an amount equal to the basic concession fee effective at the time of such increase multiplied times five percent (5%). The basic concession fee thereby established by each such increase shall continue in effect as the basic concession fee required to be paid hereunder until again adjusted as herein provided. (c) Gross Receipts. Percentage Fee: In addition to the basic concession fee set forth above, Concessionaire shall pay to the City, on a monthly basis, ten percent (10%) of Concessionaire's beer, wine and liquor gross receipts (sales less applicable tax) as determined under and according to the terms set forth in Paragraph 6(i) of this Agreement. (d) Additions to Concession Fee: Concessionaire shall pay, in addition to the concession f~e provided hereinabove, interest at the rate of two percent (2%) per month on any basic concession fee due that is not received within five (5) days of its due date. Concessionaire shall also be required to pay interest at the rate of two percent (2%) per month of the previous month's gross liquor receipts for any gross receipts percentage fee which is not received within ten (10) days of its due date. 4. Use of Equipment: Concessionaire shall be entitled to use the equipment provid~' by the City listed on Exhibit "A" which is attached hereto and incorporated herein by this reference. Concessionaire shall maintain all equipment used in the operation of the Concession Facilities, whether such equipment be owned by the City or by Concessionaire, subject to normal wear and tear. Concessionaire shall indemnify the City against any loss, theft or damage of the equipment provided by the City when said loss, theft or damage is the result of the fault or negligence of Concessionaire, its employees or agents. Concessionaire shall promptly repair or replace equipment which is lost, stolen or damaged within five (5) days of such loss, theft or damage. Upon the expiration or termination of the Agreement, Concessionaire shall return to the City all equipment listed on Exhibit "A." Concessionaire agrees to pay the City an amount equal to the current replacement price of each item not returned, or returned in an unserviceable condition, ordinary wear and tear excepted. In the event of the termination, or upon the expiration, of this Agreement, the City shall have the first option of purchasing, for an amount ascertained by negotiations, any or all of the property belonging to Concessionaire and used by Concessionaire in the performance of its obligations hereunder, including, but not limited to, furniture, furnishings, equipment, utensils, food, beverages and miscellaneous supplies on hand, which option shall be exercised by the City within thirty (30) days prior to the date of the termination or expiration of this Agreement. Concessionaire and the City hereby agree to conduct an inventory of said property within the first twenty (20) days of said thirty (30) day period. Concessionaire shall also have the exclusive right to use and to exercise control over any and all vending machines located in or about the Concession Facilities which dispense food or beverages. 5. Continuous Operation: Concessionaire shall operate a food service business in the Concession Facilities seven (7) days a week, including all holidays, during the normal hours of operation of the golf course. Concessionaire shall have the option of opening the Concession Facilities, or remaining open for business, on those days the golf course is closed due to inclement weather. Concessionaire shall open the Concession Facilities for business one-half (1/2) hour prior to the first tee time and close no earlier than one (1) hour after the course is closed to the public. Concessionaire shall ensure that food services shall be available for tournaments, special events and meetings. Concessionaire shall supply a hospitality cart at such times as mutually agreed upon by Concessionaire and the City. 6. Operation and Management: (a) Standards of Operations: Concessionaire shall operate the Concession Faci~'~ies in a businesslike manner appropriate to the image of a golf course operation. The operation of the Concession Facilities shall be conducted in an orderly manner, without unnecessary disruption to the golf course operations. The City hereby reserves the right to review and give final approval, through the City Manager or his designee, on all facets of the operation of the Concession Facilities, including, but not limited to, decor, entertainment, menu, prices, hours of operation, parking and employees. (b) Manager: Concessionaire's president shall be available during hours of operation and shall act as manager of the Concession Facilities. If Concessionaire's president shall at any time be absent from the Concession Facilities during hours of operation, Concessionaire shall designate a facilities manager to act in Concessionaire president's stead. (c) ~: Concessionaire shall bear sole responsibility for the continuous staffing of the Concession Facilities. Concessionaire shall ensure that sufficient employees are on hand at all times to provide outstanding service to the public. Concessionaire shall regulate Concessionaire's employees so that they will be courteous and helpful to the public. Concessionaire shall have the exclusive duty and right to retain and terminate employees provided, however, that the City shall have the right to require Concessionaire to replace any employee who is abusive, under the influence of or who habitually uses alcohol or drugs, or who is afflicted by diseases, or whose conduct or appearance otherwise detracts from the Concession Facilities' reputation and profitability. Concessionaire hereby agrees to give consideration to hiring three (3) current employees, including one (1) bartender and two (2) waitress/utility persons, for the operation of the Concession Facilities. (d) Menu: Concessionaire shall provide the public food and drink of a ~]~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 for all merchandise sold shall be posted in a conspicuous place on the Concession Facilities. Concessionaire shall also post, in a conspicuous place on the Concession Facilities, a notice which identifies Concessionaire as the owner and operator of the 4 concession. An identical Concessionaire's menu. notice shall be included on (e) Cleaning: Concessionaire shall keep all fixtures, equipment and personal property which are located in the Concession Facilities, whether owned by Concessionaire or the City, in a clean, sanitary and orderly condition at all times, and conduct the food service operation strictly in accordance with all applicable rules, regulations and code requirements including, but not limited to, the Health Department, Indian River County Unit. Concessionaire shall also be responsible for maintaining the floors in the kitchen, storeroom and dining areas in a clean and orderly state. Concessionaire shall be responsible for the storage and collection of solid waste and shall bear the associated costs thereof. Concessionaire may, with the City's approval, select a site on the golf course property for storage of such solid waste. (f) ~: Concessionaire shall comply with all requirements of any oz =ne constituted public authorities and with the terms of any state, federal or local ordinance or regulation applicable to Concessionaire or Concessionaire's use of the Concession Facilities, and indemnify, defend and save the City harmless from penalties, fines, costs or damages resulting from Concessionaire's failure to so comply. (g) Alcoholic Beverage License: Concessionaire shall secure and maintain an llC and an llCX liquor license from the Florida Department of Business Regulation, Division of Alcoholic Beverages and Tobacco. (h) Licenses and Permits: Concessionaire shall be responsible for and shall secure the necessary permits and licenses required for the operation of the Concession Facilities. (i) Books and Records: Concessionaire shall maintain, during the Term of {~is Agreement, or renewal or extension thereof, all books, reports and records customarily maintained in similar type operations. The form of all such records and reports shall be subject to the approval of the City's auditors. All sales of beer, wine and liquor shall be recorded by cash register which shall be read daily before sales begin by the City's Golf Course Business Manager, unless he or she shall not be available to do so. The City or its agents may audit or examine all records relating to Concessionaire's operation during Concessionaire's normal business hours. Concessionaire 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 (10th) day following the end of each calendar month throughout the Term of the Agreement, or renewal or extension thereof, Concessionaire shall furnish to the City's Finance Department and Golf Course Business Manager a report of gross receipts earned on the sale of beer, wine and liquor during 5 the preceding calendar month, on forms approved by the City. The said reports shall be signed by Concessionaire who shall certify the accuracy of such reports. Monthly gross receipts percentage fees due pursuant to Paragraph 3(c) of this Agreement shall be paid with the submission of these reports. Concessionaire shall submit to the City's Finance Department a quarterly financial report detailing the beer, wine and liquor purchases and sales occurring during said period, prepared by a certified public accountant. Concessionaire shall permit, at any time and at the City's expense, a report to be-prepared and certified by an independent certified public accountant, as to the correct amount of gross liquor receipts per month arising from said operation; which shall be prepared in conformance with the American Institute of Certified Public Accountants Requirements for "Special Reports." Concessionaire shall pay all costs associated with said report in the event that Concessionaire's quarterly report varies by more than three percent (3%) of the report prepared by the City's independent certified public accountant. Concessionaire hereby agrees that it shall keep and preserve for at least three (3) 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 during the Term of this Agreement, or renewal or extension thereof. (J) Improvements: Concessionaire shall have the right to improve the COncession Facilities, subject to the approval of the City Manager or his designee. All costs of any improvements shall be borne by Concessionaire. Ail improvements made on the Concession Facilities shall become the property of the City upon their construction or installation. Major remodeling or expansion shall be coordinated with the City. (k) Debts and Obligations: Concessionaire shall pay promptly when due all bills, debts and obligations incurred in connection with the operation of the Concession Facilities, including social security taxes and withholding for its employees, and shall not permit such debts or obligations to become delinquent and shall suffer no lien, mortgage, Judgment, execution or adjudication in bankruptcy which will in any way impair the rights of the City under this Agreement. 7. Utilities: Concessionaire shall be responsible for and shall pay on a monthly basis sixty percent (60%) of the electricity costs reflected on the electric account for the Club House building in which the Concession Facilities are located. The City shall provide water but shall not guarantee its quality. Should the Indian River County sewer system become available and should the City connect the Concession Facilities to said system, Concessionaire shall be responsible for and shall pay a proportionate share of the monthly service charge, including all taxes and franchise fees related to said sewer service. Concessionaire shall provide, at Concessionaire's sole cost and expense, extermination and pest control services as needed. 8. Taxes: Concessionaire shall pay, or cause to be paid before delinquency, any and all taxes levied or assessed which become payable during the Term of this Agreement, or renewal or extension thereof upon all Concessionaire's equipment, furniture, fixtures and any other personal property located in the Concession Facilities. In the event any or all of Concessionaire's improvements, equipment, furniture, fixtures and other personal property shall be assessed and taxed with the real property, Concessionaire shall pay to the City its share of such taxes applicable to Concessionaire's property. Concessionaire shall pay all sales or use tax relating to the Concession Facilities, and for any improvements thereon, which might arise or become due during the Term of this Agreement, or renewal or extension thereof, and Concessionaire shall indemnify, defend and hold the City harmless against the same. 9. Insurance: (a) worker's Compensation Insurance: Concessionaire shall provide and keep'"in force at its own expense worker's compensation insurance as a required by Florida Statutes. In the event Concessionaire or the City undertakes to improve or remodel the Concession Facilities, Concessionaire shall provide and keep in force at its own expense worker's compensation insurance on all personnel engaged in such activities and shall require any and all subcontractors to provide worker's compensation insurance for all of said subcontractors' employees who are engaged in such work, unless such employees are covered by the protection afforded by Concessionaire's insurance. Concessionaire shall indemnify, defend and hold the City harmless from any and all claims or lawsuits resulting from injury to or actions of the employees of Concessionaire. (b) Liability insurance: Concessionaire shall provide and keep in force at~concessioh~lre.s own expense public liability and property damage insurance coverage with respect to the Concession Facilities and all improvements made thereto. The insurance coverage to be provided by Concessionaire shall contain limits of not less than $500,000 for injury or death of any one person and $1,000,000 for injury or death for any one accident, together with $1,000,000 for damage to property. (c) Contractual Liability Insurance: Concessionaire shall provid~'"'and keep in force at Concessionaire's own expense contractual liability insurance covering all liability arising out of the terms of this Agreement. (d) Liquor Liability Insurance: Concessionaire shall provide and keep in force at Concessionaire's own expense liquor liability insurance containing limits of not less than $1,000,000 per occurrence. (e) Miscellaneous: Concessionaire shall furnish certificates of such insurance ~nd copies of insurance policies to the City Clerk, 1225 Main Street, P. O. Box 780127, Sebastian, Florida 32978, at least fifteen (15) days prior to the commencement of operations under this Agreement, and annually thereafter. Said certificates shall clearly name the City as an additional insured, and shall contain a clause specifying that the insurance carrier shall be obligated to advise the City in writing at least thirty (30) days in advance prior to the cancellation of any coverage. The City reserves the right to annually review and revise any policy of insurance required hereinabove, however, any increase in amounts or types of coverage shall not be unreasonable or excessive. 10. Indemnitv: Concessionaire shall indemnify, defend and hold the City'harm~ess against and from any and all claims, costs, damages, judgments, expenses and attorney's fees incurred by the City arising from Concessionaire's use of the Concession Facilities or from the conduct of Concessionaire's business or from any activity, work, other things done, permitted or suffered by Concessionaire or Concessionaire's employees, guests or invitees in or about the Concession Facilities; from Concessionaire's failure to comply with any law, rule, regulation or order of any governmental authority; from any and all claims arising from any breach or default in the performance of any obligation on Concessionaire's part to be performed under the terms of this Agreement; or, from any employee, guest or invitee of Concessionaire, and, from all costs, attorney's fees and liabilities incurred in the defense of any such claim or action or proceeding brought thereon. Concessionaire, as part of the consideration to the City, hereby assumes all risks of damage to the property or injury to persons in, upon or about the Concession Facilities, from any cause other than the City's willful or intentional acts; and Concessionaire hereby waives all claims in respect thereof against the City. Concessionaire shall give prompt notice to the City in case of casualty or accidents in or about the .Concession Facilities. 11. Entry by the City: The City reserves, and shall at any and all times hg~'e, the right to enter the Concession Facilities to inspect the same. The City also reserves the right, from time to time, at the City's own expense by its officers, agents and contractors, to make such renovations, repairs or changes in, about and to the Concession Facilities, other than those repairs or improvements undertaken by Concessionaire herein, as the City deems desirable, including renovation/replacement of the existing Concession Facilities with new Concession Facilities. Concessionaire hereby waives any claim for damages or for any injury or inconvenience to or interference with Concessionaire's business during such renovation, repairs or changes; provided, however, that concession fees shall be abated for any period during which Concessionaire is prevented from conducting Concessionaire's business due to such renovations, repairs or changes. 12. Default by Concessionaire: The occurrence of any of the following shall constitute a default by Concessionaire: (a) Institution by Concessionaire or Guarantors of a voluntary proceeding in bankruptcy; (b) Institution of an involuntary proceeding in bankruptcy against Concessionaire or Guarantors if such proceeding continues for a period of ninety (90) days; (c) Assignment by Concessionaire or Guarantors for the benefit of creditors; (d) Abandonment of the Concession Facilities which abandonment shall be Concessionaire's absence from the Concession Facilities or the cessation of business in said Concession Facilities for a period of seven (7) days or more; discontinuation of Concessionaire operations hereunder; (e) Nonpayment of any sum due hereunder, when such nonpayment continues for a period of thirty (30) days after the due date for such payment; (f) Nonperformance by Concessionaire of any covenant, term or condition of this Ag'reement; or any other action or inaction constituting a breach of this Agreement and the failure by Concessionaire to cure such nonperformance or breach within thirty (30) days of receiving a notice to cure from the City; (g) The conduct of any business or the merchandising of any product or service by Concessionaire not specifically authorized herein; (h) A final Judicial determination that any litigation instituted by Concessionaire against the City was groundless or frivolous to the extent that attorney's fees may be awarded pursuant to Florida Statute Section 57.105; (i) The lapse, suspension or revocation of any of Concessionaire's alcoholic beverage licenses, or other license or permit required to operate the Concession Facilities; (J) The issuance by the City, pursuant to Paragraph 13 below, of three (3) or more notices of breach within any twelve (12) month period. 13. Remedies of the City: In the event of any default as described above or bre~ch by ~oncessionaire, the City shall provide written notice to Concessionaire of such default or breach and the Concessionaire shall have fifteen (15) days within which to cure such default or breach. In the event Concessionaire fails to cure said default or breach within said fifteen (15) day period to the satisfaction of the City, the City may, at any time thereafter, at its sole discretion, with or without notice or demand and without limiting the City in the exercise of a right or remedy which the City may have by reason of such default or breach: (a) Terminate this Agreement, in which case Concessionaire shall immediately vacate the Concession Facilities and the City shall be entitled to recover from Concessionaire all damages incurred by the City by reason of Concessionaire's default including, but not limited to, the cost of recovering possession of the Concession Facilities, necessary costs for the renovation and alteration of the Concession Facilities and reasonable attorney's fees; (b) Pursue all other remedies now or hereinafter available to the City under the laws or judicial decisions of the State of Florida. 14. Concessionaire's Right to Terminate: Concessionaire shall have the 'right t0 "~ermina~'~'-this A~reemen~ upon thirty (30) days advance written notice to the City upon the occurrence of any of the following: (a) Issuance by a court of competent Jurisdiction of any permanent injunction substantially restricting the use of the Concession Facilities for commercial purposes when said injunction remains in force for ninety (90) days or more; (b) A breach by the City of any of the terms or conditions of this Agreement and failure by the City to remedy such breach during a period of thirty (30) days after receipt of written notice of the existence of such breach; (c) The assumption by the United States Government or any agency thereof, or any other governmental agency, of the operation, control or use of the Concession Facilities or any substantial part thereof in such a manner as to substantially restrict Concessionaire's operations for a period of ninety (90) days or more. 15. Damage to Concession Facilities: In the event that the Concession Facilities are destroyed o~"'damaged by fire or other casualty so as to render the Concession Facilities unfit for their intended use, this Agreement shall be suspended until such time as the Concession Facilities are again rendered fit for their intended use. The City shall be under no obligation to rebuild or repair 10 the Concession Facilities in the event they are damaged or destroyed. In the event the City elects not to rebuild or repair the Concession Facilities, it shall notify Concessionaire of same and, upon furnishing such notice, this Agreement shall terminate. 16. Vacation of Concession Facilities: On the expiration or other termination of this Agreement, ~6r any reason whatsoever, Concessionaire shall vacate the Concession Facilities and shall leave the Concession Facilities in good order, condition and repair, except for reasonable wear and use thereof. 17. Right of Injunctive Relief: In the event of a breach or threatened breach by any party ~f any of the covenants or provisions hereof, the non-breaching party shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. 18. Rights Not Exclusive: No right or remedy herein conferred upon or reserved to any party is intended to be exclusive of any other right or remedy herein or by law provided but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. 19. Rlgh.~..of Assignee of City: The right to pursue the remedies herein provided against the Concessionaire and to enforce all of the other provisions of this Agreement may, at the option of any assignee of this Agreement, be exercised by any assignee of the City's right, title and interest in this Agreement in its own name, any statute, rule of court, custom, or practice to the contrary notwithstanding. 20. Remedies Cumulative: Ail of the remedies hereinbefore given to any party and-all rights and remedies given to them by law and equity shall be cumulative and concurrent. No termination of this Agreement or the taking or recovering the Concession Facilities shall deprive the City of any of its remedies or actions against Concessionaire or Guarantors for concession fees or sums due as if there has been no termination; nor shall the bringing of any action for concession fees or breach of covenant, or the resort to any other remedy herein provided for the recovery of concession fees be construed as a waiver of the right to obtain possession of the Concession Facilities. 21. Attorney's Fees: If any action is commenced to enforce any term, covenant or condition of this Agreement, the prevailing party in such action shall be entitled to all costs and expenses of said action (including reasonable attorney's fees) at trial and all appellate levels, from the unsuccessful party in said action. 11 22. Eminent Domain: (a) If all or any part of the Concession Facilities shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, the building(s) and/or improvements on the Concession Facilities shall belong to the City. Nothing herein shall prevent the City from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. (b) In the event the condemnation or taking is to such an extent that it is impracticable for the Concessionaire to continue operations in the Concession Facilities, this Agreement shall terminate. 23. Identity of Interest: The execution of this Agreement or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the City and the Concessionaire the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of City and Concessionaire. 24. Notices and Report.s: Any notice, report, statement, approval, conse~ d~s~gnation, d'~'mand or request to be given and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: City: City of Sebastian Attention: City Manager P.O. Box 780127 Sebastian, Florida 32978 Concessionaire: DTF, Inc. 201 Plantation Club Drive, #1607 Melbourne, FL 32940 Guarantors: Dennis R. and Theresa L. Fink 201 Plantation Club Drive, #1607 Melbourne, FL 32940 provided, however, that any party may designate a different address from time to time by giving to the other parties notice in writing of the change. Concession fees to the City shall be made by the Concessionaire at the address listed above. 25. Nondiscrimination: The Concessionaire for itself, its personal representatives, successors in interest and assigns, 12 as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, age, race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Concession Facilities; (ii) that in the construction of any improvements on, over or under the Concession Facilities and the furnishing of services thereon, no person on the grounds of religion, gender, age, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 26. Headings No Part of Agreement: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 27. Severability: If a provision of this Agreement is held invalid, it is hereby agreed that all valid provisions that are severable from the invalid provision remain in effect, if a provision in this Agreement is held invalid in one or more of its applications, the provision remains in effect in all applications. 28. Contains Ail Agreements: It is expressly understood and agreed by and among fhe parties hereto that this Agreement, including the Exhibit, sets forth all the promises, agreements, and conditions or understandings between the City, Concessionaire and Guarantors relative to the Concession Facilities, and that there are no promises, agreements, conditions or understandings, either oral or written, among them other than are herein set forth. It is further understood and agreed that, except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the City or Concessionaire unless reduced to writing and signed by them. 29. Assignment: Concessionaire shall not assign Concessionaire's rights and obligations under this Agreement without the written consent of the City, which may be denied for any reason by the City. 30. Heirs and A~lgnees: Ail rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties; and if there shall be more than one Concessionaire or Guarantor, they shall all be bound jointly and severally by the terms, covenants and agreements herein, and the word "Concessionaire" or "Guarantors" shall be deemed and taken to mean each and every person or party mentioned as a Concessionaire or Guarantor herein, be the same one or more; and if there shall be more than one Concessionaire or Guarantor, any notice required or permitted by 13 the terms of this Agreement may be given by or to any one thereof, and shall have the same force and effect as if given by or to all thereof. The words "his" and "him" or "its" wherever stated herein, shall be deemed to refer to the "City," "Concessionaire,,. or "Guarantor" whether such City, Concessionaire, or Guarantor be singular or plural and irrespective of gender. No rights, however, shall inure to the benefit of any assignee of Concessionaire unless the assignment to such assignee has been approved by the City in writing as aforesaid. 31. Concessionaire Forbidden to Encumber Concession Facilities: It is expressIy agreed and uhders~od between the p~rties hereto that nothing in this Agreement shall ever be construed as empowering Concessionaire to encumber or cause to be encumbered the Concession Facilities in any manner whatsoever. In the event that regardless of this prohibition any person furnishing or claiming to have furnished labor and materials at the request of Concessionaire, or any person claiming by, through or under Concessionaire, shall file a lien against the Concession Facilities, Concessionaire shall, within thirty (30) days after being notified thereof, cause such lien to be satisfied of record or cause the Concession Facilities to be released therefrom by the posting of a bond or other security as prescribed by law, or shall cause same to be discharged as a lien against the Concession Facilities by an order of a court having jurisdiction to discharge such lien. In the event the lien is not discharged as required above, the City may advance funds necessary to discharge the lien and recover any amounts so paid from Concessionaire. 32. FAA ApDroval and Re~ulation: Concessionaire and the City acknowledge tha{' this Agreement m~fbe subject to approval by the Federal Aviation Administration ("FAA"). The parties, therefore, agree that in the event FAA approval is required and the FAA refuses to either grant its approval or issue a letter of no objection with respect to this Agreement, the parties shall modify the terms of this Agreement in the manner and to the extent necessary in order to obtain the FAA's approval. In the event any such modification would serve to materially increase the obliga- tions of a party hereunder, the affected party may terminate this Agreement upon giving thirty (30) days advance written notice to the non-affected party. 33. Division of Alcoholic Beverages and Tobacco Regulation: Concessionaire an~"'the City acknoWledge-that in o~der for Concessionaire to secure and maintain the alcoholic beverage licenses required hereunder, this Agreement must comply with certain regulations of the Florida Department of Business Regulation, Division of Alcoholic Beverages and Tobacco. The parties, therefore, agree that in addition to those rights previously granted to Concessionaire herein, Concessionaire shall have access to the entire golf course and all facilities located thereon to the extent necessary to secure and maintain the required 14 alcoholic beverage licenses. Concessionaire shall also have the right to refuse to sell alcoholic beverages to patrons of the golf course, or its facilities, who are not golf course club members or their nonresident guests. The City hereby agrees to prohibit, on the golf course and in all facilities located thereon, the possession or consumption of alcoholic beverages not sold by Concessionaire, 34. Personal Guar~: (a) Guaranty: Guarantors, Jointly and severally, do hereby guarantee onto the City the full, complete, faithful and timely performance of each and every of the obligations, covenants and agreements which Concessionaire is required to do or perform or cause to be done or performed from and after the execution of this Agreement and for so long as said Agreement remains in effect including, but not limited to, the payment of all concession fees and other sums required to be paid pursuant to this Agreement. (b) Enforcement: The City shall have the right to proceed against Concessionaire without first proceeding against Guarantors, and shall have the right to proceed against an individual Guarantor without proceeding against Concessionaire or the other individual Guarantor, and the City shall, and does have the right to, release Concessionaire or an individual Guarantor from any and all liability under this Agreement or under this Paragraph 34 and the same shall not in any way prejudice the rights of the City against Concessionaire or the other Guarantor not so released. (c) Defenses: No defense which Concessionaire or an individual Guarantor may have with respect to this Agreement (including, but not limited to, any defense based upon or arising from any insolvency or bankruptcy or otherwise) shall operate as a defense with respect to the other Guarantor, the other Guarantor remaining fully liable hereunder to the City. Nor shall any waiver by the City of any of the obligations of Concessionaire or the modification or amendment of this Agreement in any manner by the City and Concessionaire operate to release Guarantors from any obligations or liabilities under this Agreement; Guarantors being bound by, and deemed to consent to, any such waiver, modification or amendment. (d) Notice: Guarantors shall be deemed to have notice of any matter or %-~-ing as to which Concessionaire has notice. Guarantors hereby waive any right to notice of any matter or thing as to which Concessionaire is not entitled to notice under this Agreement. (e) Remedies Cumulative: The rights and remedies of the City under this Paragraph 34 are in addition to and not in lieu of the City's rights and remedies provided by law or under other 15 provisions of this Agreement in the event of a default by Concessionaire. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SEBASTIAN Attest: By W. E. Conyers, Mayor Ka~hryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to form and content: CHARLES IAN NASH, City Attorney CONCESSIONAIRE: DTF, INC. By: DENNIS R. FINK, ~esid~nt GUARANTORS: DENNIS R. FINK THERESA L. FINK 16