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Home My WebLink AboutR-24-12 Parking in Lieu 1660 IR Drive3120240013499 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3685 PG. 1818 Page 1 of 9 322/2024 11:03 AM RESOLUTION NO. R- 24-12 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION IN THE PARKING IN LIEU OF PROGRAM, LIEN AGREEMENT, AND COVENANT RUNNING WITH THE LAND, FOR CAPITAL MORTGAGE SERVICES, LLC, OWNER OF PROPERTY LOCATED AT 1660 INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA; PROVIDING FOR TERMINATION, CONFLICTS, AND SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has determined that it is in the public interest to allow businesses within the Riverfront area the opportunity to utilize public parking to meet their parking needs; and WHEREAS, Capital Mortgage Services, LLC, for redevelopment of Squid Lips & Fins Marina, wishes to participate in the Parking In Lieu of Program and purchase twenty-two (22) parking spaces of public parking for property located at 1660 Indian River Drive; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. The City Council approves the Parking In Lieu Of Program Agreement, Lien Agreement and Covenant Running with the Land attached hereto as Attachment A, and authorizes the City Manager to execute and record the same. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Nunn The motion was seconded by Jones and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice -Mayor Kelly Dixon aye Council Member Fred Jones aye Council Member Bob McPartlan aye Council Member Christopher Nunn aye The Mayor thereupon declared this Resolution duly passed and adopted this 20th day of March, 2024. CITY OF SEBASTIAN, FLORIDA By: 6---e Mayor Ed Dodd ATTES.�T:-� anette Williams, MMC City Clerk Approved as to form and content: Jennaerockcroft, Esq. B ATTACHMENT A PARKING IN LIEU OF PROGRAM AGREEMENT LIEN AGREEMENT COVENANT RUNNING WITH THE LAND (hereinafter collectively referred to as "Agreement") THIS AGREEMENT is between the City of Sebastian, a Florida municipal corporation, as "City", and Capital Mortgage Services, LLC, as "Owner" of the property located at 1660 Indian River Drive, Sebastian, FL. WHEREAS, the City Council of the City of Sebastian finds that providing public parking to assist private businesses meet their parking needs is an economic benefit to the entire community; and WHEREAS, the requirements for parking are outlined in Sec. 54-3-15 of the City's Land Development Code and include an In Lieu of Parking Program allowing businesses to participate in public parking to meet their parking requirements; and WHEREAS, the recently approved site plan for the Squid Lips & Fins Manna redevelopment at the subject property requires 186 parking spaces and provides 164 on the site; and WHEREAS, the Owner has decided to participate in the Parking In Lieu of Program and purchase twenty-two (22) additional spaces from the City. NOW THEREFORE, in consideration of the mutual promises and obligations stated herein, the City and Owner do hereby incorporate all terms and conditions in this Agreement and mutually agree as follows: 1. PURPOSE. The purpose of this agreement is to provide the Owner with the non- exclusive use of twenty-two (22) additional public parking spaces for the benefit of the development of their property located at 1660 Indian River Drive. 2. FEE. The fee for 22 parking spaces at $3,200 per space, as established by Resolution R-10-35, totals seventy thousand four hundred dollars ($70,400.00). 3. PAYMENT. In lieu of direct payment, Owner agrees to install 19 stamped, on -street parking spaces in accordance with their approved site plan for redevelopment, and has presented to the City reasonable and acceptable costs for the construction of those 19 spaces. The City agrees to apply those costs to the fee owed for the 22 parking -in -lieu spaces. At which time the Owner provides the City affidavits for proof of payment to the contractor(s) installing the 19 stamped on -street parking, and the installed spaces pass a final inspection by city staff, the City will reimburse the Owner the overage, minus the stormwater infrastructure costs, as indicated in the Calculations summary in Exhibit A, attached hereto and incorporated herein by this reference. Reimbursement will be from the Parking -in -Lieu Parking Trust Fund. 4. ESTABLISHMENT OF LIEN. This Agreement, and the obligations created hereunder, is secured by a lien upon the property described in Exhibit B, attached hereto and incorporated herein by this reference. Such lien shall be of equal dignity with the lien for taxes and shall be enforceable in the same manner as provided by law, and may be satisfied at any time by submittal of the aforementioned affidavits for proof of payment and final inspection. Upon such submittal and inspection, the City shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the record thereof. Notice of such lien may be filed in the office of the Clerk of the Circuit Court and recorded among the public records of Indian River County. 5. COVENANT RUNNING WITH THE LAND. This Agreement shall constitute a covenant running with the land and shall be binding upon the heirs, successors and assigns of the parties. 6. NON EXCLUSIVE USE AND OWNERSHIP. The parking spaces are for the non- exclusive use by the Owner, and the City shall retain fee ownership of the public parking spaces. 7. LIMITS OF USE. This Agreement confers no rights upon the Owner to place any advertisement, notices or signage. The City expressly retains all such rights. The Owner shall make no use of the parking spaces except as specifically authorized in this Agreement. 8. SUCCESSORS AND ASSIGNS. This Agreement and each of its terms and conditions shall be binding upon the parties and their respective successors and assigns. There shall be no assignment of this Agreement or any of the rights or obligations herein, without the advance written consent of the City. 9. NOTICES. All notices required by this agreement shall be in writing and delivered either by registered or certified mail to the other party at the address given below: "City": Brian Benton, City Manager "Owner": Harry J. Underill, III City of Sebastian Capital Mortgage Services, LLC 1225 Main Street 490 N. Harbor Boulevard Sebastian, Florida 32958 Melbourne, Florida 32935 Any party may change address or designee by giving written notice of such change to the other parties. 10. REMEDIES. This Agreement provides the Owner with the necessary parking spaces required by the Code of the City of Sebastian only during such time as the Owner is current with respect to her financial obligations described herein. If any party shall fail to perform any term or condition hereof, and continue such nonperformance for a period of ninety days after receiving a notice of default, it shall be subject to such administrative, contractual, and legal remedies as provided by this Agreement, the Code of Ordinances of 2 the City of Sebastian, and the laws of the State of Florida. Jurisdiction for any court action filed regarding this Agreement shall be in a court of competent jurisdiction in Indian River County, Florida. 11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 12. RECORDING. The City shall be responsible for recording this Agreement in the Official Records of Indian River County and the Owners shall pay all recording fees. A copy of the recorded Agreement shall be provided to the Owner by the City within fifteen (15) business days after recording. 13. EFFECTIVE DATE. This Agreement shall be effective upon the execution of the last party to sign. CITY OF SEBAS�TIAN, FLORIDA By: / �� V rian Benton, Ctty Manager ATTEST: <jz�W ld un d Jqynette Williams, MMC City Clerk OWNER: By: H. J. Underill, I, gent Capital Mortgage Services, LLC STATEOF t'kOr�ciq COUNTYOF 'R"Ajnre4 Date: 3)')) aody A roved as to form: nnifer Cockcroft!f-sq., BCS City Attorney Date: l The foregoing instrument was acknowledged before me this I I1y day of Mc, -cA, , 2024, by HarryJ. Underill, who is personally known to me or produced (identification) SEAL MIS7YDAWNKINZER YV\la Ut Commission II HH 073364 NOTARY P E - �,OF W,g wx«nwew�rwes Jarwary 2,2025 PrintN 4l 1�n.�y 'I'3rv- Commission No. VA 14 6-7 A 31o4-A Expiration: a�.1n ,,, . ) EXHIBIT A Squid Lips Parking -in -Lieu Calculations: Approved site plan requires 22 PIL spaces X $3,200 = $70,400 19 PIL spaces to be installed on west side of Indian River Drive Total Cost of 13 spaces on North side of D/W = $29,348.00 Minus Storm Pipe & 10,915.00 Storm Structure 7,975.00 10,458.00 + 10%P/011 = $11,503.80 Total Cost of 6 spaces on South side of D/W = $ 8,887.00 Minus Storm Pipe 3,517.00 ---------------- 5,370.00 + 10% P/OH = $ 5,907.00 Valley Curbing: North Side —145 LF South Side - 75 LF Stamped Paving Paveway Systems $ 7,360.00 4,125.00 ---------------- 11,485.00 + 10% P/OH = $12,633.50 $59,599.80 + 10% P/OH = [P/OH: Profit & Overhead costs] Reimbursement Amount $65,559.78 ---------------- $95,604.08 70,400.00 -------------- ($25,204.08) 12 z zow� arrs PLAN Wr�wwsOYM1-G6f1f/6l 9 � 6 _ W.RW zow l ,• Lmc ;?- BE- ZLWC. C ar«aa .._ _a uw nic-- i31 il�l:tll�' =--�=-- tul aecrmrw :sc :s: lift P ,�. :IM im21: ,gyp am !b8 O9 !a. M. �ZZ Voluu, r r Ee�ara'• •• _._.w...�....e EXHIBIT B Parcel: 30-3 9-31-00000-0010-00002.0 Legal Description: Parcel 1 (East Side of Indian River Drive): A portion of Submerged land and lands described in O.R. Book 0871, Page 1386 and O.R. Book 0938, Page 1889, of the Public Records of Indian River County, Florida, being more particularly described as follows: Commence at the intersection of the South Right -of -Way line of Davis Street (formerly known as 9' Street) and the West Right -of -Way line of Indian River Drive (formerly known as Riverside Drive, U.S. Highway No.l and Old Dixie Highway) as shown on a Boundary Survey performed by Jackson Associates, Dated March 12, 1990; thence South 24°45'07" East along said West Right -of -Way line, a distance of 109.38 feet; thence South 23°29'08" East along said West Right -of -Way line, a distance of 1.57 feet to a point on the North line of the South 216.50 feet of Lot 5, Estate of August Park, according to the Plat thereof, as recorded in Plat Book 1, Page 19, of the said Public Records of Indian River County; thence North 89004'14" East along said North line of the South 216.50 feet of Lot 5, a distance of 71.47feet to a point on the East Right -of - Way line of said Indian River Drive and the POINT -OF -BEGINNING; thence continue North 89°04'14" East along said line, a distance of 29.35 feet; thence North 69°25'13" East, a distance of 189.60 feet; thence South 23°34'19" East, a distance of 177.05 feet; thence South 69°25'13" West, a distance of 116.95 feet to the Mean High Water Line (0.75' N.G.V.D. (1929) Contour) of the Indian River; thence run along said Mean High Water Line for the following twelve (12) calls: South 43°13'54" East, a distance of 1.39 feet; thence South 59001'47" East, a distance of 19.46 feet; thence South 62007120" East, a distance of 42.49 feet; thence South 19°00'22" East, a distance of 136.75 feet; thence South 19°36'23"West, a distance of 20.77 feet; thence South 14°33'00" West, a distance of 29.77 feet; thence South 07°41'57" West, a distance of 13.12 feet; thence South09'31'08" East, a distance of 10.37 feet to a point on a line of acquiescence described in the District Court of Appeals of the State of Florida, Fourth District, Case No. 4D01-4718, Opinion filed April 16, 2003; thence South 89°04'14" West along said line of acquiescence, a distance of 97.16 feet to the said East Right -of -Way line of Indian River Drive; thence North 22°21'52" West along said East Right -of -Way line, a distance of 204.40 feet; thence North 23°29'08" West along said East Right -of -Way line, a distance of 196.93 feet to the POINT -OF -BEGINNING. Parcel 2 (West Side of Indian River Drive): A portion of lands described in O.R. Book 0863, Page 2670 and lands described in O.R. Book 0871, Page 1386 inclusive of the Public Records of Indian River County, Florida, being more particularly described as follows: 0 Commence at the intersection of the South Right -of -Way line of Davis Street (formerly known as 9a' Street) and the West Right -of -Way line of Indian River Drive (formerly known as Riverside Drive, U.S. Highway No.I and Old Dixie Highway) as shown on a Boundary Survey performed by Jackson Associates, dated March 12, 1990; thence South 24145'07" East along said West Right -of -Way line, a distance of 109.38 feet; thence South 23°29'08" East along said West right -of -Way line, a distance of 1.57 feet for a point on the North line of the South 216.50 feet of Lot 5, Estate of August Park, according to the Plat thereof, as recorded in Plat Book 1, Page 19, of the said Public Records of Indian River County said point being the POINT -OF -BEGINNING; thence continue South 23°29'08" East along said West Right -of -Way line, a distance of 180.29 feet; thence South 22°51'10" East along said West Right -of -Way line, a distance of 99.64 feet; thence South 22°21'52" East along said West Right -of -Way line, a distance of 121.61 feet to a point on a line of acquiescence described in the District Court of Appeals of the State of Florida, Fourth District, Case No. 4D01-4718, Opinion filed April 16, 2003; thence South 89°04'14" West along said line of acquiescence, a distance of 199.22 feet to a point on the Fleming Grant Line; thence North 43°30'00" West along said Fleming Grant Line, a distance of 279.22 feet to a point on the North line of the South 50.00 feet of Lot 5; thence North 89°04'14" East along said North line, a distance of 85.00 feet; thence North 00°5546" West, a distance of 118.93 feet; thence North 32°25'46" West, a distance of 55.79 feet to a point on the North line of the South 216.50 feet of Lot 5; thence North 89°04'14" East along said North line, a distance of 181.46 feet to the POINT -OF -BEGINNING. 7 SEB�ASTI�., NA ,. CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: March 20, 2024 Agenda Item Title: Resolution R-24-12, Parking In Lieu Agreement for 1660 Indian River Drive, Squid Lips Restaurant & Fins Marina Recommendation Approve Resolution, and authorize the City Manager to execute the agreement attached and identified as Attachment A. Backeround: A site plan modification for Squid Lips and Fins Marina was approved by the Planning and Zoning Commission on July 15s', 2021, with building permits issued in the fall of 2022, and construction is now nearing completion. A total of 186 parking spaces are needed per requirements of the Land Development Code. The approved site plan was able to design 164 spaces on site, which includes a combination of regular spaces, handicapped, compact and motorcycle spaces, along with allowable credits for preserving some of the existing oak trees. Mr. Buz Underill, as agent for Capital Mortgage Services, LLC, owner of the property, has requested to purchase the remaining 22 needed spaces utilizing the City's Parking -in -Lieu Program. The City Council established the Parking In Lieu Program to allow owners and developers in the Community Redevelopment Area (CRA) to purchase required parking by paying a fee into the Riverfrom Parking Trust Fund to be used only to develop and maintain public parking within the CRA east of the FEC railroad. Only properties zoned Commercial Riverfront (CR) or Commercial Waterfront Residential (CWR) may participate, and 50% of the required amount of parking may be purchased, up to a maximum of 30 spaces. Public parking utilized in this program is not assigned to a business or reserved in any manner, and confers no rights upon the business to place any advertisement, notices or signage upon the parking spaces. The fee has been established at $3,200 per parking space. The total charge for 22 spaces will be $70,400, and the Owner, in lieu of direct payment, had agreed to install 19 stamped, on -street spaces using his contractor while on site, to which costs will be applied to his fee for the 22 spaces. The overage costs were then negotiated to be reimbursed after the spaces are completed and inspected by city staff. As such, the agreement identified as Attachment A has been prepared and included in Resolution R-24-12. If approved, the agreement will be recorded as a lien against the property, and released after the spaces have been installed and approved. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $ 0 Total Cost: $25,204.08 Funds to Be Utilized for Appropriation: Parking -in -Lieu Trust Fund Attachments: 1. Resolution R-24-12 2. Agreement (Attachment A) Administrative Services Department Review: / City Attorney Revie�:(//��/( Procurement Division Review, if applicable: N1b City Manager Authorization: _/[ -/,�/ Date: J�1��2uay rj/