HomeMy WebLinkAboutR-24-22 CJD Holdings Parking in Lieu3120240017036
RECORDED IN THE PUBLIC RECORDS OF
RYAN L. BUTLER, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3690 PG: 77 Page 1 of 6 4/122024 9:10 AM
RESOLUTION NO. R- 24-22
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 CJD HOLDINGS OF INDIAN RIVER, INC., OWNER OF
PROPERTY LOCATED AT 1109 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, CJD Holdings of Indian River, Inc., to be able to lease a portion of its
dock spaces at the Tiki Bar & Grill to Compass Boat Club, wishes to participate in the
Parking -In -Lieu of Program and purchase four (4) parking spaces of public parking for
property located at 1109 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herewith are hereby repealed.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 council Member Jones
The motion was seconded by council Member McPartlan 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 10`h day of
April, 2024.
CITY OF SEBASTIAN, FLORIDA
By: (• c�
Mayor Ed Dodd
ATT��ES�T:211�ia
J anette ms, MMC
City Clerk
Approve�d� a�s,to� form and content:
JonryiFer Cockcroft, Esq. BCS
ATTACHMENT A
PARKING -IN -LIEU PURCHASE PROGRAM 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 CJD Holdings of Indian River, Inc., as "Owner", of the property
located at 1109 Indian River Drive, Sebastian, Florida, and described in Exhibit A.
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
purchase parking to meet their parking requirements; and
WHEREAS, the existing approved site plan for the Tiki Bar & Grill, including the
Marina, requires 111 parking spaces and provides I I I spaces on site; and
WHEREAS, the Owner wishes to lease a portion of its transient dock spaces to
Compass Boat Club, which requires additional parking spaces; and
WHEREAS, the Owner has decided to participate in the Parking -In -Lieu Purchase
Program and purchase four (4) additional spaces from the City.
NOW THEREFORE, in consideration of the mutual promises and obligations stated
herein, the City and Owners 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 Owners with the non-exclusive
use of four (4) additional public parking spaces for the benefit of the development of their
property located at 1109 Indian River Drive.
2. FEE. The fee for 4 parking spaces at $3,200 per space, as established by Resolution R-10-
35, totals twelve thousand eight hundred dollars ($12,800.00).
3. PAYMENT. The City is in receipt of $12,800.00 cash received from the Owner as
payment of the fee.
4. 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.
5. 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.
6. 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.
7. SUCCESSORS AND ASSIGNS. This Agreement and each of its terns 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.
8. 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
City of Sebastian
1225 Main Street
Sebastian, FL 32958
"Owner": Dawn M. Biehl
CJD Holdings of Indian River, Inc.
1570 Bevan Drive
Sebastian, Florida 32958
Any party may change address or designee by giving written notice of such change to the other
parties.
9. 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
their 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 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.
10. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
11. RECORDING. The City shall be responsible for recording this Agreement in the Official
Records of Indian River County and the Owner 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.
12. EFFECTIVE DATE. This Agreement shall be effective upon the execution of the last
party to sign.
CITY SEBASTI , FLORIDA:
By.
rian Benton, City Manager
ATTEST:
J nette Williams, MMC
ty Clerk
OWNER:
Q� (�
By:
Dawn M. Biehl, Agent
CID Holdings of Indian River, Inc.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Date: 01 /'ao).i
Approved as to form:
�e4fer Cockcroft, sq., BCS
City Attorney
Date: � 1'f) I Z.4
The foregoing instrument was acknowledged before me this J-- day of AQ f t , 2024, by Dawn M. Biehl,
who is personally known to me or produced (identificatio )
SEAL
=ol�prru
JANICELLEGER
• �II� •
Commission 9 HH 38UN
y�4"ore`o'e
Expkes June 6,2027
NOTARY PUBLIC
Print Name: '-IPlILtQ. L08e/
Commission No.
Expiration:
9
EXHIBIT A
Indian River County Tax Parcel: 31-39-06-00007-00009.0
Legal Description:
From the intersection of the centerline of Washington Street and the East right-of-way of Old
Dixie Highway, said road right-of-way being 66.00 feet in width, said point of intersection
being the True Point of Beginning; thence run South 25' 08' 59" East, a distance of 172.94 feet
along said East right-of-way line to a point, said point being 20 feet South measured
perpendicular from the North right-of-way of abandoned 30 foot street, thence North 78'1241"
East, a distance of 95 feet more or less to the approximate mean high water line of the Indian
River; thence meandering the Indian River in a Northwest direction to the Intersection with a
line that bears North 73°15'31" East from the original Point of Beginning; thence South
7395'31" West, a distance of 132 feet more or less to a point, said point lying 51.57 feet North
73°15'31" East of the True Point of beginning; thence North 77°18'30" East, a distance of
52.25 feet to an intersection with the East right-of-way with the Old Dixie highway; thence
South 25°08'59" East, a distance of 3.73 feet to the Point of Beginning, all situate, lying and
being in Section 6, Township 31 South, Range 39 East, Indian River County, Florida.
AND
Lots 1 and 2 of a Replat of Braddock's Subdivision Lots 10-18, as recorded in Plat Book 2,
Page 81, Public Records of Indian River County, Florida; also that parcel lying between the
Easterly right-of-way of Old Dixie and the Westerly mean high water line of the Indian River
with the North line being an Easterly projection of the North lines of the above mentioned Lots
1 and 2, and the South line being an Easterly projection of the South lines of said Lots I and 2;
AND ALSO
An unnumbered lot as such lot is designated on Replat of Lots 10 to 18, inclusive, of
Braddock's Subdivision of part of Government Lot 5, Section 6, Township 31 South, Range 39
East, City of Sebastian, which said replat was filed April 23, 1947, and recorded in Plat Book 2,
Page 81, in the office of the Clerk of the Circuit Court of Indian River County, Florida, the
Western boundary line of said lot is the Eastern boundary line of U.S. Highway No. 1, the
Eastern boundary line of said lot is the shore line of the Indian River, the Northern boundary
line of said lot is the North line of Lots 1 and 2, as designated on said Replat, extended Easterly
across said highway and to shore line of Indian River, and the Southern boundary line of said
lot is the South boundary line of Lots 1 and 2, as designated on said Replat, extended Easterly
across said Highway and to the shore line of the Indian River.
LESS AND EXCEPT land conveyed to State of Florida recorded in Official Record Book 6,
Page 53, of the Public Records of Indian River County, Florida
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: April 10, 2024
Agenda Item Title: Resolution R-24-22, Parking In Lieu Purchase Program for 1109 Indian River Drive,
Tiki Bar & Grill
Recommendation Approve Resolution, and authorize the City Manager to execute the agreement
attached and identified as Attachment A.
Background: In 2016, a site plan modification for the Tiki Bar & Grill was approved by the Planning
and Zoning Commission. The required amount of parking spaces (11 I) for all the uses, including the marina slips, was
provided on site, which included a combination of regular spaces, handicapped, compact and motorcycle spaces, along
with allowable credits for preserving the existing Oak trees. Presently, CJD Holdings of Indian River, Inc., owners of
the property, would like to rent a portion of their transient dock slips to Compass Boat Club. This would require four
(4) additional parking spaces, which they are requesting to purchase through the Parking -in -Lieu Program.
In 2010 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 Riverfront 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 River&ont (CR) or Commercial WaterSnnt 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 4 spaces will be $12,800, and the Owner has offered to pay cash for all four spaces. If approved,
the agreement will be executed and brought to the Clerk of Court for recordation.
If Agenda Item Reauires Expenditure of Funds:
Budgeted Amount: N/A
Total Cost: $0
Funds to Be Utilized for Appropriation: N/A
Attachments:
1. Resolution R-24-22
2. Agreement (Attachment A)
Administrative Services Department Review:
City Attorney Revie 4
Procurement Division�eview, if applicable:
City Manager Authorization:
Date:
M/If