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Home My WebLink About022720022. 3. 4. HOME OF PEUCAN iSLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 27, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Mr. Ray Coniglio Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Lieutenant, Eugene Ewert Growth Management Director, Tracy Hass Police Officer, Paul Graves Public Works Director, Terry Hill Road and Drainage Supervisor, Jerry Converse Parks Supervisor, Chris McCarthy Regular City Council Meeting February 27, 2002 Page Two 02.021 02.018 02.022 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETION,S) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) None. PROCLAMATIONS, ANNOUNCEMENTS ANDIORPRESENTATIONS A. Plaque to Employee of the Fourth Quarter Mayor Barnes presented a plaque and bond to Steve DiTrapano, Employee of the Fourth Quarter. B. Certificate of Appreciation to Former Members of the Board of Adjustment Mayor Barnes explained that the responsibilities of the former Board of Adjustment have been assigned to City Council, commended them for the work they performed for the community and read and presented certificates to Louise Kautenberg (not present), Clive Beckwith, Paul Duffy (not present), James Schmitz and Harry Marshall. CITY ATTORNEY MATTERS A. Chamber of Commerce Comprehensive Property Settlement a...n.d.. Es. crow A.qreement (A.qreement) The City Attorney proposed a two part option agreement (see proposed agreements attached) and noted that the Chamber had to take this revised agreement to their Board of Directors. Following input from Council, the City Attorney suggested new language as follows: On Exhibit B, Section I. Term - Delete "be for an initial period of twenty-five (25) years, unless modified pursuant to Article II below, commencing," and add "commence at 12:01 a.m. on the 1~ day of March 2009, or upon recording of a Memorandum of Lease pursuant to the Agreement of the parties, and continued through March 15, 2027." (Subsequent, to the meeting, the City Attorney added "if said recording occurs earlier" after 'parties' and before 'continued'.) MOTION by Majcher/Hill "1 make a motion to move to authorize the execution of the Comprehensive Property Settlement Escrow Agreement with the Chamber of Commerce as amended tonight, as well as letting our City Attorney set up an escrow agent." 2 Regular City Council Meeting February 27, 2002 Page Three ROLL CALL: Mayor Barnes Mr. Barczyk Mr. Majcher Mr. Hill Mr. Coniglio MOTION CARRIED 5-0 - aye - aye - aye - aye - aye 02.023 02.035 B. Clarification ReQardinc~ Process for Code Enforcement Fine Collections The City Attorney advised that the City Code requires the City Clerk to file all code enforcement orders with City Council, although no Council action is required. He further explained procedures whereby once violators do not comply, fining procedures then begin. C. Other Matters The City Attorney briefly touched on a letter from Dennis Fink; and reported that an administrative judge had requested th, at the local governmental agencies work out their differences relative to the local option gas tax. CITY MANAGER MATTERS A. Ron Ri,qb¥ - Capital Sanitation Update The City Manager said he had requested a representative of Capital Sanitation be present at this meeting, however, he was notified that Mr. Rigby was ill and could not appear. He said, since November 14th, after a period of smooth operation, there have been complaints regarding spills, faulty equipment, and customer relations. He noted that the franchise agreement will expire in 2003 and the bidding process is being reviewed by staff. B. Other Matters The City Manager reported on a false rumor that the he was attempting to banish the Sebastian Panthers from the City. CITY CLERK MATTERS None. Regular City Council Meeting February 27, 2002 Page Four 10. CITY COUNCIL MATTERS A. Mr. Maicher Reported on the progress on the North county pool. B. Mr. Hill Reminded the public to go out and vote on March 12, 2002. C. Mr. Coniglio The City Clerk reported on the two City teams entered in the American Cancer Society Relay for Life on April 5 and 6, 2002 and that a garage sale is to be held this Saturday to benefit ACS. 02.018 D. Mayor Barnes Received consensus for a letter supporting bringing an additional airline into Melbourne International Airport. Received consensus of Council to support funding for regional planning councils. Expressed concern for drag racing on several city streets and said the Chief had advised that people get vehicle descriptions and call police. Reported on the Sedgehill Band that visited Sebastian several weeks ago and presented the plaque they gave to the City. Advised that there had been a decision to televise the Sebastian Property Owners Association candidates' forum. Reported that the boy bitten by dog is in Shriners Hospital in Maine and is doing well. Request City Council Consensus for variance Hearin.q Schedule Mayor Barnes suggested Board of Adjustment meetings be held at 6 p.m. prior to regular meetings when needed. There was no objection. E, Mr. Barczyk Expressed concern for people speeding on Barber Street. Expressed concern for the poor job being done on water installation on Rolling Hill by indian River County and damage to swales. Advised that on December 14, 2002 Council passed that the City Manager will look into an award system for buildings coming into compliance with design standards and he would like to restart the program next month, 4 Regular City Council Meeting February 27, 2002 Page Five 11. CONSENT AGENDA All items on the consent agenda ara considerad routine and will be enacted by one motion, Thera will be no separate discussion of consent agenda items unless a member of City Council so raquests; in which event, the item will be ramoved and acted upon separately. A. Approval of Minutes ~ 2/13/2002 Regular Meeting 02.036 Authorize the City Manager to Attend the Florida City and County Management Association (FCCMA) 56th Annual Conference on May 23-26, 2002 at the Sarasota Bay Hyatt Hotel (City Manager Transmittal 2/15/02) 02.025 Adopt Attachment E-6 Resolution for Assistance under the Florida Inland Navigation District Waterways Assistance Program (City Manager Transmittal 2/20102, Attachment E-6 02.037 Approve Sebastian River Art Club Shows at Riverview Park on 10/19/02, 11/16/02, 12/14102,1118103, 2122+2123103,3122103 & 4/12/03 - 8:00 a.m. to 5:00 p.m. (Parks Transmittal 2~20~02) 02.038 Approve 2"d Annual Learning Nest 5K Run at Riverview Park on 6/1/02 and Closing Indian River Drive from Davis South to Harrison (Parks Transmittal 2/21/02, Letter) 02.039 Resolution No. R-02-07 Final Plat for Fischer Lake Island Phase iii (GMD Transmittal 2/22/02, R-02-07) 02.040 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISLAND PHASE III; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-02-06 -Vacation of Easement - Russo (GMD Transmittal 2/19/02, R-02-06, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 11 AND 12, BLOCK 118, SEBASTIAN HIGHLANDS, UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Attorney cited the waterways assistance resolution and read titles for Resolution No. R-02-07 and R-02-06. MOTION by Hill/Barczyk "1 move to approve consent agenda items A through G." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting February 27, 2002 Page Six 12. 02.020 02.041 B. TAPE I - SIDE II (8:02 pm) PUBLIC HEARING A. Ordinance No. 0-02-05 Bicycle Regulations (City Att0rn.e.y. Transmittal 1/17/02, 0-02-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA CREATING SECTION 98-9 BICYCLE REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:50 p.m. and the City Attorney read Ordinance No. O-02-05 by title. Officer Graves briefly addressed City Council on the need to educate children on bicycle safety. Mr. Hill expressed concern for over-regulation by prohibiting doubling up on a bicycle. Being no input, Mayor Barnes closed the public hearing at 8:00 p.m. MOTION by Coniglio/Barczyk "1 like to move to adopt Ordinance O-02-05." ROLL CALL: Mr. Majcher - aye Mr. Hill - nay Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye MOTION CARRIED 4-1 (Hill - nay) Reconsideration of Ordinance No, O-00-05, Larae Scale CLUP Amendment from LD (Low Density) to IN Industrial for Property Located South of Gibson Street ¢0....nt. ainin,q 14.85 Acres More or Less- CNK. Inc. (GMD Transmittal 2/22/02.0-00-05. Application, Map~Staff Report, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:01 p,m. and the City Attorney read Ordinance No. 0-00-05 by title. The Growth Management Director relinquished his time to the applicant and noted Jackie James would like her name added to the list. Regular City Council Meeting February 27, 2002 Page Seven Daniel Maher, 400 Industrial Circle, Sebastian, said he had no objection to the proposal. Cy Carlson, Roseland, was sworn in and distributed and read from ~Friends of Historic Roseland (Formerly the Association of Roseland Property Owners)". She said she had 272 letters from Roseland property owners objecting when City Council considered a previous rezoning and land use change for Mr. Kirrie. She then read a quote from Mr. Kirrie from a transcript from the February 5, 2002 Indian River County Commission meeting; and cited letters from Robert Keating to Ray Eubanks (see all attached). Barbara Banfield, urged Council not to change Roseland. Blakeman Smith, 7677 130th Street, Roseland, objected to the proposal to rezone and change land use to the Kirrie property. He cited an excerpt from the Indian River County Commission February 19th commission draft minutes relative to access which he had submitted to City Council members yesterday. Rita Mensing, 7580 129th Street, Roseland, owner of the property adjacent to the subject property said she had no objection to the proposed change. Jackie James, Roseland, read from a letter she submitted objecting to the proposed change (see attached). She submitted a letter from Lee Skinner objecting to the change (see attached). Attorney Warren Dill, representing applicant CNK, Inc. requested placement of certain documents into the record (see attached list). He then cited the history of the application to amend the comprehensive land use plan going back to 1999 (see attached). Mr. Dill then described some of the materials included in the handout to Council (entire handout is on file in the City Clerks' Office) as follows: pg. 50 map, stating that there will be a 90' buffer; and pg 48 letter from the Airport Director which is attached to a chronology of events prepared by Mr. Kirrie. Mr. Dill said Mr. Kirrie has received conditional approval for the use of 130a Street by Indian River County; noted that staff's report had no adverse comments, stated that industrial use is the most appropriate use, and urged approval. Applicant Chris Kirrie, CNK, Inc., said his comments to the county commission were intended to express his belief that he would prevail on this issue based on prior action; said he had worked diligently to provide alternate access via 130th. He then reviewed a chronology of events regarding 130th Street dating back to 1916 (see document reference list attached). He said he had received approval from the county commission for access from 130th Street with conditions, noting he would not be able to comply with installation of waterlines and financing all environmental studies. Mr. Kirrie said he will commit the use of the north property for parking, storage, office, stormwater retention and greenspace; and the styrofoam factory will be only on the southerly portion. Mayor Barnes called recess at 8:58 p.m. and reconvened the meeting at 9:08 p.m. All members were present. 7 Regular City Council Meeting February 27, 2002 Page Eight Mr. Hill noted he had never supported this industrial property and that Mr. Kirrie did not receive county approval as yet. Mr. Kirrie then cited the county commission motion on February 7, 2002 which conditionally approves the land swap on the condition that county staff work out an agreement with Mr. Kirrie incorporating any conditions, and necessary reverters to protect the County's interests. The Growth Management Director said access is typically addressed during the site plan process. TAPE II- SIDE I (9:11 p.m,) The City Attorney said this amendment would have to go back to the Florida Department of Community Affairs and the City's Planning and Zoning Commission for the site plan. Mayor Barnes closed the public hearing at 9:13 p.m. MOTION by Majcher/Barczyk "1'11 make a motion to reconsider the Ordinance No. 0-00-05, hold a second public hearing and second reading of Ordinance 0-00-05." The City Attorney corrected that is the second hearing. MOTION by Majcher/Barczyk "Move to approve Ordinance No. 0-00-05." ROLL CALL: Mr. Hill - nay Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 4-1 O2.O42 Reconsideration of Ordinance No. O-01-22, Rezonin~ from RE-40 to IN (Industrial) .~.onta.ining 14,85 Acres More or Less - CNK,. l.nc. (GMD Transmittal 2/22/02, O-01-22, Application, Map, Staff Report, P & Z Recommendation) This Public Hearing is Quasi. Judicial (procedures on back of agenda) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOTS 16, 27 & 28, SECTION 30, Fleming Grant, CONTAINING 14.85 ACRES MORE OR LESS, FROM RE-40 TO IN (INDUSTRIAL); PROVIDING FOR CONFLICT AND EFFECTIVE DATE. Mayor Barnes opened the public hearing at 9:15 p.m. and the City Attorney read Ordinance No. O-01-22 by title. There was no ex-paRe communication to be disclosed. The City Clerk swore in the Growth Management Director and Chris Kirrie. Regular City Council Meeting February 27, 2002 Page Nine The Growth Management Director recommended approval. Attorney Warren Dill briefly addressed City Council, and urged approval of the ordinance. Being no input, Mayor Barnes close the public hearing at 9:18 p.m. MOTION by Coniglio/Majcher "1 make a motion that we adopt Ordinance O-01-22." ROLL CALL: Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - nay MOTION CARRIED 4-1 (Hill - nay) 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign.up required - limit of ten minutes for each speaker Sal Neglia, asked about the use of the new marquee at Riverview Park and the City Manager responded; inquired about proper building paint colors on CR512 and the Growth Management Director responded that the department has no authority to regulate existing buildings. The City Attorney was directed to come back with language to regulate this. Fred DiGiovanni, requested a bocce court at Barber Street Sports Complex. He was advised that the city is requesting grant funding for bocce courts and shuffleboard courts at various parks around the city. Mr. Barczyk stated that a plan is in place for Filbert Street Park. Sal Neglia, said Planning and Zoning had recommended on February 7th that an Architectural Review Board be established. 14. COMMITTEE REPORTS/RECOMMENDATIONS A. Tree and Landscape Advisory Board 02.043 1. Present 2002 Work Plan (Board Transmittal 2/8/02, Plan, Minutes) Mayor Barnes suggested gathering further information on the reestablishment of the urban forester position. Mr. Barczyk said the county may consider this in next year's budget. Mr. Barczyk requested that the board work with Planning and Zoning and/or Council on landscape code and standards. Regular City Council Meeting February 27, 2002 Page Ten B. Code Enforcement Board O2.028 Interview. Unless Waived and Appoint One Re(3ular Member - Term to Expire 3/2005 (City Clerk Transmittal 2/21/02, Applications, Advertisement, Board Members) It was noted that Mr. Enderlein was unable to attend the meeting. The Mayor noted one of the applicants was a current member and that he was eligible to be reappointed, and urged, if that member is appointed, that other applicants continue to apply for other available board positions. City Council interviewed the other applicants. MOTION by Barczyk/Hill "1 move to appoint Mr. Cosco, reappoint Mr. Cosco to the expired, unexpired term on March 1, 2005." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 5-0 15. OLD BUS!.NES.$ - None 16. NEW.... BUSINESS 02.044 Approve Selection and Ranking of Architectural Firms and Authorize Staff to Begin Contract Negotiations with REG Architects, Inc, (GSA Transmittal 2/20/02, Matrix) Ricardo Gonzalez, REG Architects, Inc. submitted a presentation to each member of Council. He stated that REG Architects is a family business with many well-known projects and they were excited to serve the city. Baxter Coston, suggested holding off the new city hall project for now and suggested utilizing the old Walmart. Sal Neglia said it would be more cost effective to put up a new building. MOTION by Hill/Barczyk "1 move to approve the selection of ranking, and ranking of Architectural firms as shown and recommended by the Consultant Selection Committee on the attached exhibit and authorize staff to start contract negotiations with the number one ranked firm REG Architects, Inc. West Palm Beach, Florida." ]0 Regular City Council Meeting February 27, 2002 Page Eleven ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mr. Coniglio Mayor Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 02.045 Bo A_.~.th_.o_r. ize the Ememencv Slid Linina of Barber Street Pipe bv Lanzo Linin~ Services in the Amount of $35,280.00 (Public Works Transmittal 2/19/02, Quotes) The Public Works Director briefly described the slip lining project and responded to questions from Council. MOTION by Barczyk/Majcher "Move to waive the sealed competitive bid process and authorize the emergency slip lining including Barber Street pipe by Lanzo Lining Services for a total cost of $35,280 and move to approve the appropriation of $35,280 from the savings in Fund 330, the Transportation Capital Project fund." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye MOTION CARRIED 5-0 17. Being no further business, Mayor Barnes adjourned the meeting at 9:57 p.m. Approved at the March 13, 2002 Regular City Council Meeting. *"amended at 3/13/02 meeting to change roll WaI~' BarneS Sally A. M~i/o ' City Clerl( call to all ayes" ]! DRAFT Regular City Council Meeting March 13, 2002 Page Four C. Mayor Barnes Said he was asked by a builder to change setbacks to 15 feet on one side of corner lots and asked the Building Director to report back. The City Manager said Mr. Bonacci would be in attendance at the March 27, 2002 meeting and could address it at that time. The City Attorney advised the setback is a visual issue. D. Mr. Barczyk 1. Discuss State Legislature Activity on State Sales Tax and Direct Staff Accordingly Mr. Barczyk withdrew this matter. Other Matters · Reported at the March 5th, 2002 Indian River County Commission that they adopted a building code ordinance for new homes relating to 140 mph wind. · Also at the March 12th Indian River County Commission meeting there was discussion of a tree ordinance which will come back to the commission in the future. · Noted that at the next Commission meeting wireless communication towers will be discussed. E. Mr. Majcher Thanked all candidates who ran in the election. 11. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/27/2002 Regular Meeting 02.048 Resolution No. R-02-10 - Supporting Funding for Regional Planning Councils (City Clerk Transmittal 2/28/02, R-02-10, TCRPC Memo 2/15/02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA, SUPPORTING RESTORED FUNDING FOR REGIONAL PLANNING COUNCILS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 02.049 Resolution No. R-02-11 - Supporting Melbourne International Airport Aviation Director's Endeavors in Bringing New Airlines to Melbourne (City Clerk Transmittal 2/28/02, R-02-11, Newspaper Article) 4 Regular City Council Meeting March 13, 2002 Page Five A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING AIRLINE USE OF MELBOURNE INTERNATIONAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution Nos. R-02-10 and R-02-11. Mr, Hill removed item A for discussion. MOTION by Majcher/Barczyk "1 make a motion to approve consent agenda items B and C." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 5-0 Item A In reference to the February 27, 2002 minutes, Mr. Hill noted that his vote on Ordinance O-01-22 was "aye". The correction was noted. MOTION by Hill/Coniglio "1 would move to approve the minutes as corrected." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 5-0 TAPE I - SIDE ii (8:00 p.m.) 12. PUBLIC HEARING 02.050 A. Resolution No. R-02-09 Prelimina~ Plat for Subdivision to be Known as Park Place GMD Transmittal 3/4/02, R-02-09, Plan, Staff Report, Map, Recomm..e..n...dation) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS PARK PLACE PHASE II; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 5 COMPREHENSIVE PROPERTY SETTLEMENT AND ESCROW AGREEMENT Tiff[IS AGREEMENT made this __ day of February, 2002, by and between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called the "CITY"), and the SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation (hereinafter called the "CHAMBER"), and ************* (hereinafter called "ESCROW AGENT") provides that lin AND FOR consideration of the mutual promises herein and the execution of documents as provided, the sufficiency of which is hereby acknowledged by the parties, it is agreed as follows: 1. The CHAMBER shall execute the Quit-claim deed attached hereto as Exhibit "A" relinquishing claims to the real property contained in the deed between the parties dated February 14, 1978, recorded at O.R. Book 578, Page 2209, Public Records of Indian River County, Florida. 2. The CITY shall execute both the Twenty-Five Year Lease attached hereto as Exhibit "B" and the FiiSy Year Lease attached hereto as Exhibit "C". 3. The documents set forth in Paragraphs 1 and 2 shall be executed simultaneously herewith, and placed with Escrow Agent for further action in accordance with the terms of this Agreement. 4. CHAMBER has the option within seven years of execution hereof to commit to building a new facility in general conformance with the schematic attached hereto as Exhibit "D". Upon exercising said option, CHAMBER shall develop a site plan in conjunction with CITY that meets the architectural guidelines for the Riverfront District, accommodates existing CITY drainage to the site, protects the Hardee Oak, and preserves the reserved boat-parking rights of CITY. CITY shall cooperate in development of the site plan, shall sign on as a co- applicant for any necessary permits and approvals thereof, and shall not unreasonably withhold approval of the site plan. 5. If CHAMBER decides to exercise said option to build a new facility, it shall deliver a Notice of Intent to do so to both CITY and ESCROW AGENT. Upon receipt thereof, ESCROW AGENT shall execute the Memorandum of Fifty Year Lease attached as Exhibit "E" hereto, and record the same along with executed copies of the Quit-Claim Deed (Exhibit "A") and the Fifty Year Lease (Exhibit "C") being held in escrow. The executed Twenty-Five Year Lease shall be denoted as "Superceded", and returned to CITY. Thereupon, the ESCROW AGENT shall be discharged of further duties hereunder. 6. If CHAMBER decides to no__!t exercise said option to build a new facility, it shall deliver a Notice of Intent to not do so to both CITY and ESCROW AGENT. Upon receipt thereof., or on March 1, 2009 if CHAMBER has failed to deliver a Notice of Intent as to either action, ESCROW AGENT shall execute the Memorandum of Twenty-Five Year Lease attached as Exhibit "F" hereto, and record the same along with executed copies of the Quit-Claim Deed (Exhibit "A") and the Twenty-Five Year Lease (Exhibit "B") being held in escrow. The executed Fifty Year Lease shall be denoted as "Superceded", and returned to CITY. Thereupon, the ESCROW AGENT shall be discharged of further duties hereunder. 7. The CITY and CHAMBER shall equally bear the costs incurred by ESCROW AGENT and shall be pay an equal share of the reasonable professional fee for the services rendered by ESCROW AGENT in performing its duties hereunder. 8. In the event of a dispute between the CHAMBER and CITY as to the course of action of ESCROW AGENT hereunder which cannot be resolved in a reasonable time, ESCROW AGENT shall file for a declaratory action in the court having jurisdiction over Indian River County, implead the documents held hereto, and be discharge of further obligations hereunder, with the costs and fees associated with said action being recovered from the party not prevailing. 9. The CHAMBER and CITY shall indemnify and hold ESCROW AGENT harmless from any claims incurred in properly performing the duties required hereunder. 10. If CHAMBER decides to exercise said option to build a new facility, it thereby waives all rights to exercise the option contained in that certain lease between the parties and the Sebastian River Area Historical Society, Inc., dated January 22, 1997, giving CHAMBER the option to extend its lease for the building shared with the Historical Society at the southeast comer of U.S. 1 and Main Street beyond the initial ten year term. CHAMBER shall then vacate said premises at the earlier of either the conclusion of the initial ten-year lease term or upon issuance of a Certificate of Occupancy for a new CHAMBER facility. 11. This Agreement shall survive execution and closing of the executory agreements referenced herein, shall not merge therewith, and shall remain fully enforceable thereafter. 12. The parties hereto specifically agree that this agreement may be properly enforced by a specific performance action brought in the court having jurisdiction over Indian River County. AGREED TO on the date first set forth above. CITY OF SEBASTIAN, a Florida municipal corporation SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation By: Terrence R. Moore, City Manager Attest: By:_ Its: (Seal) Approved as to Form and Content for Reliance by the City of Sebastian Only: Sally A. Maio, City Clerk (Seal) CMC Rich Stringer, City Attorney Return to: Rich Stringer, City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 EXHIBIT "A " QUIT-CLAIM DEED TttlS QUIT-CLAIM DEED, executed this day of October, A.D., 2001., by SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation, first party, to CITY OF SEBASTIAN, a Florida mun/cipal corporation, whose post office address is 1225 Main Street, Sebastian, FL 32958, second party: (Wherever used herein the term "first party" and "second party" shall include singular and plural, and the successors and assigns or corporations, wherever the context so admits or requires.) WITNESSETH, that the said first party, for and in consideration of the sum of $1.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the county of Indian River, State of Florida, to-wit: Beginning at a point being the most westerly point of Lot 1, Block 1, in Hardee's Subdivision No. B, Plat Book 4, Page 74, Public Records of St. Lucie (now Indian River) County, Florida, as shown on a survey by R. F. Lloyd, Registered Engineer, dated 27 February, 1976, said point also being on the east line ofU. S #1, 100 feet right-of-way. Thence, on an interior angle of 90° perpendicular to the cord of U.S. #1 East right-of-way run easterly 35.00 feet; Thence, on an interior angle of 90° and parallel to the cord of U.S. #1 East right-of-way southerly 50.00 feet; Thence, on an interior angle of 90° run Westerly 35.00 feet to the East right-of-way of U.S. #1; Thence run 50.00 feet northerly on the said right-of-way to the point of beginning. The intended purpose of this deed being to reverse the conveyance m that certain document between the parties dated February 14, ]978, recorded at O.R. Book 578, Page 2209, Public Records of Indian River County, Florida. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presems the day and year first above written. Signed, sealed and dehvered in the presence off SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation By: Witness Its: Witness Secretary STATE OF FLORIDA, COUNTY OF INDL4N RIVER I mv~REBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgment, personally appeared to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this __ day of September, 2001. Notary Public - State of Florida My commission expires: EXHIBIT "B " TWENTY-FIVE YEAR LEASE The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this lease as "Landlord", hereby leases to SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation, referred to as "Lessee", those certain premises, referred to as "the premises", lying and being in the county of Indian River, State of Florida, to-wit: Beginning at a point being the most westerly point of Lot 1, Block 1, in Hardee's Subdivision No. B, Plat Book 4, Page 74, Public Records of St. Lucie (now Indian River) County, Florida, as shown on a survey by R. F. Lloyd, Registered Engineer, dated 27 February, 1976, said point also being on the east line of U.S. #1, 100 feet right-of-way. Thence, on an interior angle of 90° perpendicular to the cord of U.S. #1 East right-of-way run easterly 35.00 feet; Thence, on an interior angle of 90° and parallel to the cord of U.S. #1 East right-of-way southerly 50.00 feet; Thence, on an interior angle of 90° run Westerly 35.00 feet to the East right-of-way of U.S. #1; Thence run 50.00 feet northerly on the said right-of-way to the point of beginning. The parties agree to be legally bound as follows: I. TERM The term of this lease shall be for an initial period of twenty-five (25) years, unless modified pursuant to Article II below, commencing at 12:01 A.M. on the 1~t day of March, 2009, or upon recording of a Memorandum of Lease pursuant to the Agreement of the parties if said recording occurs earlier. 1I. RENT Lessee agrees to pay the Landlord as rent for the use and occupancy of the premises the amount of $1 per year payable on the 1st day of October each and every year commencing on March i, 2009, or upon earlier activation of the Lease as set forth in Paragraph I above, at the Finance Department office of Landlord or such other place or places as Landlord may fi.om time to time designate by written notice given to Lessee. 11I. USE OF PREMISES The premises shall be used exclusively by Lessee for 'purposes associated with the traditional functions of a chamber of commerce, and for no other use or uses without the express written consent of Landlord. However, Lessee shall not commit or permit the commission of any acts on the premises, nor use nor permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the premises; or (b) constitutes the commission of waste on the premises or the commission or maintenance of a nuisance. IV. ASSIGNMENT OR SUBLEASiNG Lessee may not assign, or otherwise transfer this lease, or any right or interest in this lease without the prior express written consent of Landlord. V. SURRENDER OF PREMISES On expiration or sooner termination of this Lease, or any ex-tensions, Lessee shall promptly surrender and deliver the premises to Landlord in as good condition as they are upon the date of occupation by Lessee, reasonable wear and tear excepted. VI. MAINTENANCE AND REPAIRS Lessee admits, by entering into possession under this lease, that the premises are now in good, clean, and safe condition and repair. Lessee shall, at all times during the term of this lease and any renewal or extension thereof, maintain, at Lessee's sole cost and expense, the premises, and every part of the premises, in a good, clean, and safe condition, free of pests, and shall on expiration or sooner termination of this lease surrender the premises to Landlord in good condition and repair reasonable wear and tear and dmnage by the elements excepted. Lessee shall be responsible for the provision of all util/ty and other services to the premises. Lessee hereby waives any right to make repairs to the premises at the expense of Landlord as provided by any law or statute now or hereafter enacted. In the event that a situation in the reasonable jud~,nnent of the Landlord requires that immediate repairs be performed to any part of the Premises, Landlord may perform the same with or without notice to Lessee, and Lessee shall reimburse Landlord in a timely manner for expenses incurred thereby. VII. INSPECTION BY LANDLORD Lessee shall permit Landlord or Landlord's agents, representatives, or employees to enter the premises at all reasonable times for the purpose of inspecting the premises to determine whether Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in the premises under this lease. VIii. PERSONAL PROPERTY TAXES Lessee shall pay before they become delinquent all taxes, assessments, or other charges levied or imposed by any govemmental entity on the furniture, trade fixtures, appliances, and other personal property placed by Lessee in, on, or about the premises including, without limiting the generality of the other terms used in this section, any shelves, counters, vaults, vauk doors, wall safes, partitions, fixtures, machinery, plant equipment, office equipment, television or radio antennas, or communication equipment brought on the premises by Lessee. IX. REAL PROPERTY TAXES All real property taxes and assessments levied or assessed against the premises by any govermnental entity, including any special assessments imposed on or against the premises for the constraction or improvement of public works in, on, or about the premises, shall be paid, before they become delinquent, by Lessee. X. PROPERTY CASUALTY INSURANCE The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance in an amount equivalent to the appraised value of the improvements to the premises. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. Such shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof., Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. XI. DESTRUCTION OF PREMISES In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Landlord shall have no responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. Tenant, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the premises and terminate the lease. (a) In the event the Tenant elects to repair or replace the improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage; provided, however, that all repaired or replaced improvements are done so in a manner equal to or better than the improvement being repaired or replaced. (b) In the event the Tenant, under its option, elects not to repair or replace the improvements upon the leased premises, the Landlord shall be entitled to such portion of any insurance proceeds equal to its good-faith estimate of the cost to remove all remaining portions of the damaged or destroyed improvements and all rubble or debris resulting from said casualty. Landlord shall be entitled to said amounts even if it decides to rehabilitate the improvements. Any remaining proceeds shall be the sole property of Tenant. XII. ALTERATIONS Lessee shall not make or permit any other person to make alterations to the premises that will expand the lot coverage of the Premises without the prior written consent of Landlord. Any alterations to the premises by Lessee shall be made at the sole cost and expense of Lessee. Any and all alterations or h~aprovements made to the premises shall on expiration or sooner termination of this lease become the property of Landlord. However, Lessee shall renovate the roof and fagade of the Premises to meet the aesthetic requirements of the Riverfront District of the Land Development Code within six months of the beginning of the term of this Lease. Xlll, INDEMNITY Lessee shall indemn/fy and hold Landlord and the property of Landlord, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of Lessee, or by reason of damage to or destruction of any property, including property owned by Lessee or any person who is an employee or agent of Lessee, caused by or connected with Lessee's occupation and use of the premises under this lease other than intentional acts of Landlord or an employee or agent of Landlord. XIV. LIABILITY iNSURANCE Lessee shall, at its own cost and expense, secure within 10 days and maintain during the entire term of this lease and any renewals or extensions of such term a broad form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to Landlord and insuring Landlord against loss or liability caused by or connected with Lessee's occupation and use of the premises under this lease in amounts not less than: (a) $200,000 for injury to or death of one person and, subject to such limitation for the injury or death to one person, of not less than $1,000,000 for injury to or death of two or more persons as a result of any one accident or incident; and (b) $500,000 for damage to or destruction of any property of others; or such higher amount as may be set as the liability limits under the waiver of sovereign immunity provisions of law. XV. UNREMOVED TRADE FIXTURES Any trade fixtures that are not removed from the premises by Lessee 30 days after this lease's expiration or sooner termination, regardless of cause, shall be deemed abandoned by Lessee and shall automatically become the property of Landlord as owner of the real property to which they are affixed. XVI. ACTS CONSTITUTING BREACHES BY LESSEE Lessee shall be guilty of a material default and breach of this lease should: (a) Lessee default in the performance of or breach any provision, covenant, or condition of this lease and such default or breach is not cured within thirty days atter written notice thereof is given by Landlord to Lessee; or (b) Lessee breach this lease and abandon the premises before expiration of the term of this lease. XVII. REMEDIES FOR DEFAULT Should either party be guilty of a material default and breach of this lease as defined in this lease, that party shall have available the remedies given by law or equity, and a non-defauking party shall additionally be entitled to an award of court costs and attorney's fees against the defaulting party. Landlord, in addition to any other remedies given by law or equky, may terminate Lessee's right to possession of the premises and recover and regain possession of the premises in the manner provided by the laws of the State of Florida. XVIII. WAIVER OF BREACH The waiver by Landlord of any breach by Lessee of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this lease. XIX. NOTICES Any notice, report, statement, approval, consent designation, 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 1225 Main Street Sebastian, FL 32958 Attn: City Manager Tenant: Sebastian River Area Chamber of Commerce, Inc. 700 Main Street Sebastian, FL 32958 Attn: Executive Director provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. EXECUTED on this __ day of February, 2002, at Sebastian, Florida. ATTEST: CITY OF SEBASTIAN A Municipal Corporation Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: By: Terrence R. Moore, City Manager SEBASTIAN RIVER AREA CHAMBER OF COMM/5;RCE, INC., a non-profit Florida corporation Rich Stringer, City Attorney By: Its: (Seal) 10 FIFTY YEAR LEASE EXHIBIT "C" The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this lease as "Landlord", hereby leases to SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation, referred to as "Lessee", those certain premises, referred to as "the premises", lying and being in the county of Indian River, State of Florida, to-wit: Lot ] and Lots 21 through 24, Block 1, Hardee's Subdivision No. "B" as recorded in Plat Book 4, Page 74, Public Records of St. Lucie (now Indian River) Coun02, Florida. The parties agree to be legally bound as follows: I. TERM The term of this lease shall be for a period of fifty (50) years, commencing at 12:01 A.M. on the day following recordation of a Memorandum of Lease pursuant to the Comprehensive Property Settlement and Escrow Agreement between the parties. II. RECONSTRUCTION OF IMPROVEMENTS Lessee may construct a new building and appurtenant improvements upon the premises in accordance with plans to be approved by Landlord. Landlord reserves the right to maintain boat- trailer or other public parking, and improve the same at its sole expense and discretion, along the easternmost portion of the Premises utilizing shared access from Main Street. This reservation of rights shall be deemed abandoned and terminated if discontinued by Landlord for a period of six or more consecutive months. Lessee must obtain a building permit within the one-year period immediately following recordation of the Memorandum of Lease, and construction must be completed within a year thereafter. The existing premises shall be demolished by Lessee no later than forty-five (45) days after the Certificate of Occupancy for the new structure is issued. The City Council, on behalf of Landlord, may grant reasonable extensions of the time parameters set forth within this Article upon request by Lessee. Landlord shall undertake reasonable accommodations in executing standard business documents required of a lender for construction upon a leased premises. 1II. RENT Lessee agrees to pay the Landlord as rent for the use and occupancy of the premises the amount of $1 per year payable on the 1st day of March each and every year commencing on the first March following recordation of the Memorandum of Lease, at the Finance Department office of Landlord or such other place or places as Landlord may from time to th~ae designate by written notice given to Lessee. 11 IV. USE OF PREMISES The premises shall be used exclusively by Lessee for purposes associated w/th the traditional functions of a chamber of commerce, and for no other use or uses without the express written consent of Landlord. However, Lessee shall not commit or permit the commission of any acts on the premises nor use nor permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the premises; or (c) constitutes the commission of waste on the premises or the commission or maintenance of a nuisance. V. ASSIGNMENT OR SUBLEASING Lessee may not assign, or otherwise transfer this lease, or any fight or interest in this lease without the prior express written consent of Landlord. Notwithstanding Article IV, however, it is agreed that without further consent of Landlord, Lessee may sublet a part of the Premises subject to the following parameters: (a) Lessee must actively occupy no less than 50% of the Premises during the first twenty years of the Lease term, 75% of the Premises during the second twenty years of the Lease term, and must fully occupy the Premises for the final ten years of the expanded lease term. (b) Any additional occupation or subletting shall not run counter to public policy or generally- accepted community standards, and shall not constitute a nuisance. (c) Occupation of the Premises or any part thereof without payment of a reasonable market- based rental amount must only be by another qualified non-profit entity. (d) Revenues generated from subletting a part of the Premises must first be used towards reduction of the outstanding balance on the construction mortgage for the Premises, if any. VI. SURRENDER OF PREMISES On expiration or sooner termination of this Lease, or any extensions, Lessee shall promptly surrender and deliver the premises to Landlord in as good condition as they are upon the date of occupation by Lessee, subject to the demolition and replacement provisions of Article II, reasonable wear and tear excepted. VII. MAINTENANCE AND REPAIRS Lessee admits, by entering into possession under this lease, that the premises are now in good, clean, and safe condkion and repair. Lessee shall, at all times during the term of this lease and. any renewal or extension thereof, maintain, at Lessee's sole cost and expense, the premises, and every part of the premises, in a good, clean, and safe condition, free of pests, and shall on expiration or sooner termination of this lease surrender the premises to Landlord in good condition and repair reasonable wear and tear and damage by the elements excepted. Lessee shall be responsible for the provision of all utility and other services to the premises. Lessee hereby waives any fight to make repairs to the premises at the expense of Landlord as provided by any law or statute now or hereafter enacted. In the event that a situation in the reasonable judgment of the Landlord requires that immediate repairs be performed to any part of the Premises, Landlord may perform the same with or without notice to Lessee, and Lessee shall reimburse Landlord in a timely manner for expenses incurred thereby. 12 vm. INSPECTION BY LANDLORD Lessee shall permit Landlord or Landlord's agents, representatives, or employees to enter the premises at all reasonable times for the purpose of inspecting the premises to determine whether Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in the premises under this lease. IX. PERSONAL PROPERTY TAXES Lessee shall pay before they become delinquent all taxes, assessments, or other charges levied or imposed by any governmental entity on the fumiture, trade fixtures, appliances, and other personal property placed by Lessee in, on, or about the premises including, without limiting the generality of the other terms used in this section, any shelves, counters, vaults, vault doors, wall safes, partitions, fixtures, machinery, plant equipment, office equipment, television or radio antennas, or communication equipment brought on the premises by Lessee. X. REAL PROPERTY TAXES All real property taxes and assessments levied or assessed against the premises by any governmental entity, including any special assessments imposed on or against the premises for the construction or improvement of public works in, on, or about the premises, shall be paid, before they become delinquent, by Lessee. XI. PROPERTY CASUALTY INSURANCE The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance in an amount equivalent to the appraised value of the improvements to the premises. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. Such shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. XII. DESTRUCTiON OF PREMISES In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Landlord shall have no responsibilky or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. Tenant, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the premises and terminate the lease. 13 (a) In the event the Tenant elects to repair or replace the improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage; provided, however, that ail repaired or replaced improvements are done so in a manner equal to or better than the improvement being repaired or replaced. (b) In the event the Tenant, under its option, elects not to repair or replace the improvements upon the leased premises, the Landlord shall be entitled to such portion of any insurance proceeds equal to its good-faith estimate of the cost to remove all remaining portions of the damaged or destroyed improvements and all rubble or debris resulting from said casualty. Landlord shall be entitled to said amounts even if it decides to rehabilitate the improvements. Any remaining proceeds shall be the sole property of Tenant. XHI. ALTERATIONS Except for replacement of the building as set forth in Article Ii, above, Lessee shall not make or permit any other person to make alterations to the premises that will expand the lot coverage of the Premises without the prior written consent of Landlord. Any alterations to the premises by Lessee shall be made at the sole cost and expense of Lessee. Any and all alterations or huprovements made to the premises shall on expiration or sooner termination of this lease become the property of Landlord. XIV. INDEMNITY Lessee shall indemnifiy and hold Landlord and the property of Landlord, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of Lessee, or by reason of damage to or destruction of any property, including property owned by Lessee or any person who is an employee or agent of Lessee, caused by or connected with Lessee's occupation and use of the premises under this lease other than intentional acts of Landlord or an employee or agent of Landlord. XV. LIABILITY INSURANCE Lessee shall, at its own cost and expense, secure within 10 days and maintain during the entire term of this lease and any renewals or extensions of such term a broad form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to Landlord and insuring Landlord against loss or liability caused by or connected with Lessee's occupation and use of the premises under this lease in mnounts not less than: (b) $200,000 for injury to or death of one person and, subject to such limitation for the injury or death to one person, of not less than $1,000,000 for injury to or death of two or more persons as a result of any one accident or incident; and (b) $500,000 for damage to or destruction of any property of others; or such higher amount as may be set as the liability limits under the waiver of sovereign immunity provisions of law. XVI. UNREMOVED TRADE FIXTURES Any trade fixtures that are not removed from the premises by Lessee 30 days after this lease's expiration or sooner termination, regardless of cause, shall be deemed abandoned by Lessee and shall automatically become the property of Landlord as owner of the real property to which they are ~xed. 14 XVII. ACTS CONSTITUTING BREACHES BY LESSEE Lessee shall be guilty of a material default and breach of this lease should: (a) Lessee default in the performance of or breach any provision, covenant, or condkion of this lease and such default or breach is not cured within thirty days after written notice thereof is given by Landlord to Lessee; or (b) Lessee breach this lease and abandon the premises before expiration of the term of this lease. XVIII. REMED1ES FOR DEFAULT Should either party be guilty of a material default and breach of this lease as defined in this lease, that party shall have available the remedies given by law or equity, and a non-defaulting party shall additionally be entitled to an award of court costs and attorney's fees against the defaulting party. Landlord, in addition to any other remedies given by law or equity, may terminate Lessee's right to possession of the premises and recover and regain possession of the premises in the manner provided by the laws of the State of Florida. XIX. WAIVER OF BREACH The waiver by Landlord of any breach by Lessee of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this lease. XX. NOTICES Any notice, report, statement, approval, consent designation, 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 1225 Main Street Sebastian, FL 32958 Attn: City Manager Tenant: Sebastian River Area Chamber of Commerce, Inc. 700 Main Street Sebastian, FL 32958 Attn: Executive Director provided, however, that either party may designate a different representative or address bom time to time by giving to the other party notice in writing of the change. 15 EXECUTED on this __ day of February, 2002, at Sebastian, Florida. ATTEST: CITY OF SEBASTIAN A Municipal Corporation Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: By: Terrence R. Moore, City Manager Rich Stringer, City Attorney SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation By: Its: (Seal) 16 "Exhibit D" Return to: Sebastian City Clerk 1225 Main Street Sebastian, FL 32958 EXHIBIT "E" MEMORANDUM OF TWENTY-FIVE YEAR LEASE NOTICE IS HEREBY GIVEN pursuant to that certain Comprehensive Property Settlement and Escrow Agreement entered into between the parties on February **, 2002, that the CITY OF SEBASTIAN, a Florida municipal corporation, Landlord, and the SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation, Tenant, have entered into a Twenty-Five Year Lease for the following described lands: Beginning at a point being the most westerly point of Lot 1, Block 1, in Hardee's Subdivision No. B, Plat Book 4, Page 74, Public Records of St. Lucie (now Indian River) County, Florida, as shown on a survey by R. F. Lloyd, Registered Engineer, dated 27 February, 1976, said point also being on the east line of U.S. #1, 100 feet right-of-way. Thence, on an interior angle of 90° perpendicular to the cord of U.S. #1 East right-of-way run easterly 35.00 feet; Thence, on an interior angle of 90° and parallel to the cord of U.S. #1 East right-of-way southerly 50.00 feet; Thence, on an interior angle of 90° run Westerly 35.00 feet to the East right-of-way of U.S. #1; Thence run 50.00 feet northerly on the said right-of-way to the point of beginning. a copy of which is attached hereto. Executed this __ day of ~ 200__. ******************, Escrow Agent STATE OF FLORIDA COUNTY OF INDIAN RIVER BEFORE ME the undersigned authority this __ day of , 200__~ personally appeared , Escrow Agent, who is personally known to me or produced as identification, who being duly sworn and cautioned stated that he executed the foregoing document and was duly authorized to so act. Notary Public My Commission Expires: 17 Return to: Sebastian City Clerk 1225 Main Street Sebastian, FL 32958 EXHIBIT "F" MEMORANDUM OF FIFTY YEAR LEASE NOTICE IS HEREBY GIVEN pursuant to that certain Comprehensive Property Settlement and Escrow Agreement entered into between the parties on February **, 2002, that the CITY OF SEBASTIAN, a Florida municipal corporation, Landlord, and the SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation, Tenant, have entered into a Fif~ Year Lease for the following described lands: Lot 1 and Lots 2] through 24, Block ], Hardee's Subdivision No. "B" as recorded in Plat Book 4, Page 74, Public Records' of St. Lucie (now Indian River) County, Florida, a copy of which is attached hereto. Executed this __ day of ,200__. ******************, Escrow Agent STATE OF FLORIDA COUNTY OF INDIAN RIVER BEFORE ME the undersigned authority this day of , 200_~ personally appeared , Escrow Agent, who is personally known to me or produced as identification, who being duly sworn and cautioned stated that he executed the foregoing document and was duly authorized to so act. Notary Public My Commission Expires: 18 Reconsideration of Ordinance No. 0-00-05 Comprehensive Land Use Plan Amendment February 27, 2002 City Council Meeting The following 1. o items are included in the record for this heating: City Council Minutes from September 26, 2001 and the material entered into the record, at which time the Council adopted a motion to reconsider Ordinance No. O- 00-00 at its October 24, 2001 meeting. All items entered into the record by CNK, Inc. (Christopher N. Kirde) and the City at the City Council Meeting on October 24, 2001, at which time the Council reconsidered Ordinance No. 0-00-05. The transcript of the October 24, 2001 City Council Meeting, at which time the Council reconsidered Ordinance No. 0-00-05. History of Event Regarding CNK, Inc.'s Application to Amend the Comprehensive Land Use Plan. Clu-onology of Events by CluSs N. Kirrie regarding 130th Street. CNK, inc. Comprehensive Land Use Plan Amendment, Ordinance No. O-00--05, Hearing before Sebastian City Council October 24, 2001 and February 27, ~002. ~Dl&N RIGOR C:(XJNTY TR~CR STA11ON 16 '/7 ~150' TRAC~ 4 12 lO 2o CONSERVATION AREA 10/15/99 12/15/99 1/20/00 2/23/00 7/11/01 7/25/01 7/31/01 8/7/01 9/12/01 History of Events Regarding CNK, Inc. (Christopher N. Kirrie's) Application to Amend the Comprehensive Land Use Plan To Allow Industrial Uses on the Subject Property February 27, 2002 City Council Meeting The Florida Legislature amended Section 163.3177(6)(a) F.S. to require local governments include public school siting criteria in their Comprehensive Plan by October 1, 1999. Chris Kirrie appears before City Council regarding the rezoning of Sembler parcels (Lots 16, 27 and 28, Section 30, Range 38 East, Township 30 South, Fleming Grant) from RE40 to Industrial and receives unanimous concensus to proceed with the project. City Plam~ing & Zoning Commission unanimously recommended approval of amending the Comprehensive Land Use Plan from Low Density Residential(LD) to Industrial (IL) for the subject property. City Council unanimously approves Ordinance No. 0-00-05 on first reading amending the Comprehensive Land Use Plata from Low Density Residential (LD) to Industrial use (IN) mad authorized transmittal to Department of Conununity Affairs. City Council, on a 3 to 2 vote, adopted Ordinance No. 0-00-05 on. second and final reading changing the Comprehensive Land Use Plan from Low Density Residential to Industrial for the subject property. City sends the adopted Ordinance No. 0-00-05 to DCA and responds to the ORC report. Mr. Eubanks with DCA writes and ackdaowledges receipt of Ordinance No. 0-00-05. He again reminds the City of the 10/1/99 date to include school siting in Comprehensive Plan and tells City to readvertise and readopt Ordinance No. 0-00-05 after including school siting criteria in Comprehensive Plan. City responds to DCA with letter from City Attorney challenging need to adopt school siting criteria prior to passage of Ordinance No. 0-00-05. City passes on second and final reading Ordinance O-01-21 amending the Comprehensive Plan to include school siting criteria. At this same meeting, the Council with four members present denied a request by the son of C.N. Kirrie to continue the hearing on Ordinance No. 0-00-05 because his father was out of the State and because a full council was not present. The Council proceeded with the heatings and denied Ordinance No. 0-00-05, as well as Ordinance No. O-01-22 to rezone the subject property to Industrial, which was being heard on first reading. 9/26/01 10/24/01 11/14/01 Council, on a 3 to 2 vote, adopted a motion to reconsider Ordinance No. 0-00-05 at the October 24, 2001 City Council Meeting and to rehear Ordinance No. O-01-22 rezoning the subject property at the same meeting. City Council, on a 3 to 2 vote, adopte, d a motion to deny Ordinance No. O-00-05 amending the Comprehensive Plan to allow a change in use to Industrial for the subject property and also denies Ordinance No. O-01-22 rezoning the subject property. Council, on a 4 to 1 vote, adopts a motion to reconsider Ordinance No. 0-00-05 amending the Comprehensive Land Use Plan to allow Industrial uses on the subject property and sets a hearing date of February 27, 2002. Between November 14, 2001 and this meeting, Mr. Kirrie has spent hundreds of hours in meetings with the County Commission, County staff, Engineers, representatives from U.S. Fish and Wildlife Service and other governmental representatives regarding the use of 130th Street for access to the subject property. He has done everything humanly possible to finalize the use of 130th Street for access to this property. Page 2 History of Events 8. 18. 20. 22. 29. 32. 35. 36. 40. 43. 1/12/16 - - 8/15/63 3/8/67 6/21/90 7/2/90 March 2000 8/1/00 8/24/00 8/31/00 10/9/00 12/12/00 4/4/01 10/31/01 11/6/01 12/12/01 1/7/02 1/9/02 Chronology of Events By Chris N. Kirrie Regarding 130th Street, a/k/a Gibson Street, and Industrial Way February 27, 2002 City Council Meeting Deed A.A. Berry to August B. Kirchoff, et al, Lots in Section 30. Road Right-of-way Deed for 130~ Street from General Development Corporation to Indian River County. IRC Resolution 67-16, accepting Powerline Road/129~h Street as a public road. Order determining A.B. Kirchoff, III as sole beneficiary of August B. Kirchoff, et al. Quitclaim Deed from A.B. Kirchoff, III to Fred Mensing. Excerpts from the Sebastian Habitat Conservation Plan pertaining to house cats as predators of scrub jays and residential areas being adverse to scrub jay population. Letter to Stan Boling (County Planning Director) from Tracy Hass regarding access through 130th Street to the subject property. Letter to James Slack FWS, re: Sebastian HCP from Terrence Moore. Federal Fish & Wildlife Permit (ITP). Letter from Start Boling to Tracy Hass responding to his letter of August 1, 2000, regarding access through 130th Street to the subject property. Board of County Commissioners Resolution No. 2000-150 accepting streets in A.A. Berry Subdivision for County maintenance. Quitclaim Deed from Fred Mensing, III to Christopher N. Kirrie, as Trustee for 60 foot parcel providing access from the subject property to 130th Street. Delivered three alternative proposals to Paul Bangel for access to the subject property (Sembler property) using 130~ Street. Attended BCC Meeting to discuss access to subject property. Meeting with Roland DeBlois (County Department of Community Development) regarding Management Plan NSCA and modification for access through 130th Street. Letter from Randy Mosby, Proposal/Contract for 130th Street engineering. Delivered written Proposal dated January 9, 2002 to County Attorney's office for access to subject property through 130th Street. 45. 46. 47. 48. 49. 52. 56. 1/11/02 1/14/02 1/14/02 1/15/02 1/25/02 1/29/02 2/4/02 2/4/02 2/4/02 2/5/02 2/6/O2 2/6/O2 2/6/02 2/6/02 2/13/02 2/18/02 2/19/02 Meeting with Keith McCully (County Engineering Department) February 25, 2002 to review access and offer regarding Mensing northerly access. Meeting with Jim Davis (County Engineer) for County requirements concerning road type and specs for 130~ Street. Meeting with Keith McCully and Paul Bangel (County Attorney) to review access proposals. Attended Board of County Commissioners Meeting to review access to subject property. Meeting with Roland DeBlois and Keith McCully to work out access to the subject property as directed by Board of County Commissioners. County Staff recommends that the Board of County Commissioners not approve the use of 130~ Street for access, but if use of 130~ Street is approved staff recommends various conditions. Delivered to County flight tract map for subject property - Sebastian Airport Delivered to County noise impact chart for subject property ~ Sebastian Airport Meeting xvith Jason Mislewski, Sebastian Airport Manager, re: Land use compatibility adjacent to airport and obtained letter on incompatibility of residential uses on the subject property. Attend BCC Meeting for presentation on use of 130th Street as set forth in written proposal dated February 4, 2002. Meeting with County Commissioner Ken Macht on draft and revised draft of his motion to approve access through 130~h Street, with conditions and not necessarily all of staff's previously recommended conditions. Obtained Time Logs for - Keith McCully - 135 hours and Paul Bangel - 22.9 hours + 10 additional hours Trip to IRC Property Appraiser's office regarding area of build out of other industrial properties. Meeting with County Commissioner Caroline Ginn regarding Sebastian Zoning regulations and allowed uses, traffic and buffering for residential areas. Called Aaron Bowles at IRC Utilities Department for water and sewer cost estimate. Delivered written Proposal dated February 15, 2002 to Indian River County (IRC) for access through 130~ Street to subject property. Attend BCC Meeting for presentation of proposals for access through 130th Street to subject property delivered on February 18, 2002. OI~OF HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330,' FAX (561) 589-5570 2 -4 -02 February 4, 2002 C. N. Kirrie P.O. Box 144 Roseland, FL 32957 RE: LAND USE COMPATABILITY Dear Mr. Kirrie, This letter is in response to our phone conversation on February 1, 2002 to clarify facts related to the impact of airport operations on property located under the flight path of Runway 4-22. The following information is based solely upon land use compatibility as it relates to both present and future operations of Sebastian Municipal Airport. As we have discussed, the parcel in question lies directly beneath the approach path to Runway 22 and the departure path of Runway 4. Due to this location, noise abatement procedures - whether mandatory or voluntary- will have little to no effect on reducing overflights to the property. At present, there are no plans to construct an air traffic control tower at the airport. Our most recent twenty~year forecast (2001, via the current Airport Master Plan revision) indicates that future growth will not warrant a control tower, therefore, it was not included in the twenty-year projection of capital improvements. Also, please note that even if a control tower was constructed sooner than anticipated, little could be done to mitigate overflight of that specific property. Proof of this lies in the existing, well~publicized noise problems being experienced by Vero Beach Municipal Airport, St. Lucie County International Airport, and Martin County Airport - all of which have air traffic control towers. Finally, residential zoning is the least compatible and desirable directly eft the ends of any runway. Standard building codes do not provide adequate protection against noise impacts. Additional noise attenuation measures must be required in order to minimize any anticipated impacts. Any chance that an authority has to rezone incompatible land uses as they relate to airport operations should be acted upon to preserve the quality of life for both present and future residents. Please do not hesitate to contact me should you require any additional information. Cc: Terrence Moore, City Manager, City of Sebastian Robert Keeting, Community Development Director, Indian River County "An Equal Opportunity Employer" Celebrating Our 75th Anniversary 2-6-02 ll.A. C. N. KIRRIE - CONSIDERATION OF LAND SWAP (NORTH SEBASTIAN CONSERVATION AREA - G.IBSON STREET RIGHT-OF-WAY - FRED MENSING) The Board reviewed a Memorandum of January 29, 2002: MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Tippin, to conditionally approve the land swap with the following conditions: 1) t~at Mr. Kirrie install water and sewer lines at his dgpense >son \. Street and access road consrru ~:~ the utility lines may extend than Gibson Street;.: development on C.o.'~ug~ water · any industrial to the · >'~. r.-~;" Mr. Kirrie ~ense on ~rth Sebastian :along b~ sides of the 7C i.~on Street'tO be t both sides of thg'~d,~.es'S~Oa'd; 4)that Mr. Kirrie and pay fir. c:?Ui~ts to apply for ,Rat Co~e~atiofi' ml~ modifications, T~e ~i[~endments, ~d Florida Cc FEBRUARY 5, 2002 -17- prope~sale authorization; 5! that Mr.~is expense,~rovide any required ~!(nd.o.r upland mitigationXr,~uired by Fio~2om~_ 7nilies T~st, St. Johns Riv~r, NWater.~agem~_n~ _D!strict.°.r Fish and Wildlife Ser~,"6)that Mr. Kinq~ provide ao3nO foot, type~ A~_er ~_h. ! foot opaque feature al g the 1,8~i'near feet ofhI~roperty perimeter where' his~/p'roperty._abuts re~entially designated unin oc rporated County property-and 7) that. CounT. staff draft an agreement with Mr. Kirtle incorporating all these conditions and any necessary ..',. reverters to protect the County's interests. THE CHAIRMAN CALLE~.~E Q~STI~v the Motion passed by a.3-2 votei4..comm~ssr Adams and FEBRUARY 5, 2002 2-6-02 11.A. C.N. KIRRIE - CONSIDERATION OF LAND SWAP ~NORTH SEBASTIAN CONSERVATION AREA - GIBSON STREET RIGHT-OF-WAY - FRED MENSING) The Board reviewed a Memorandum of January 29, 2002: REVISED DRAFT OF 2/07/02 MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Tippin, to conditionally approve the land swap w! condition that County staff draft an with Mr. Kirrie incorporating any conditi~ necessary reverters to protect the County's i THE CHAIRMAN CALLED TI4E ( and the Motion passed by a 3-2 Adams and Chairman Stant ON MOTION fol g; retain an the the Board County Attorney to liens on any non~ ~ owned by Fred code enforcement staff to file for an injunction to abate property code violations; as by staff. FEBRUARY 5, 2002 -22- r INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET FEBRUARY 27, 2002 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ON,,,,L Y FOR INTRODUCTION OF NEW BUSINESS N, OT OTHERWISE ON TH,E,,,PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. New Subject: New Subject: - #~. ,, ~ _ ~ Name: ~-,.~ ..... ~,. ~..z..~_';~:~_ New Subject: Name: New Subject: Name: New Subject: PUBLIC HEARING SIGN-UP SHEET February 27, 2002 02.020 NAME Ordinance No. 0-02-05 Bicycle Regulations (City Attorney Transmittal 1/17/02, 0-02-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA CREATING SECTION 98-9 BICYCLE REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS PUBLIC HEARING SIGN-UP SHEET February 27, 2002 02.041 Reconsideration of Ordinance No. O-00-05, Large Scale CLUP Amendment from LD (Low Density) to IN Industrial for Property Located South of Gibson Street Containing 14.85 Acres More or Less - CNK, Inc. AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. NAME /NAME ADDRESS ADDRESS ADDRESS ADDRESS NAME NAME ADDRESS ADDRESS ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS Lee Skinner From: "lee/al" <eskinne(~attglobal.net> To: "sebastian" <city@cityofsebastian.org> Sent: Wednesday, February 27, 2002 11:27 Subject: plastics factory headng To the Mayor and Council, I wish to comment on the proposal to allow a rezone in an established neighborhood. I think when you look at rezoning, please consider the big picture and the future of Sebastian and surrounding communities affected by your decisions. Anyone relying on your decisions must be confident that you can be trusted to do what is best for the majority of citizens. I believe that when you contemplate making changes in the master plan, you must consider the effects of change. Are you sending the message that the master plan and zoning can be changed in a capricious and arbitrary manner, and anyone investing in this community cannot trust that the investment would be safe and secure. Do you practice lawsuit legislation, so that overtime someone threatens a lawsuit as a result of your considered decision as to what is best for the community as a whole, they prevail. I think the decision you make on this issue has a long range impact on the quality of development and the future of Sebastian, as you must be trusted or Sebastian will never attract anything but second rate development, the best would go elsewhere, where their investments are considered with respect and care. Lee Skinner 2/27/2002 To Sebastian Mayor and Councilmen, It is my opinion that two closely tied communities, Sebastian and Roseland, will not be enhanced by rezoning Mr. Sembler's propertv_t.o industrial. In the long run, the quality of both our communities would~lversel.y affected. There are already enough industrial sites to be developed. Both of our communities should be spared this "eyesore". I feel industrial developments should not be part of a residential area. It tends to downgrade the surrounding homegand slums develop. Roseland already carries the brunt of the already zoned industrial sites on Gibson ( 130th) and we must carry the traffic of heavy trucks, that go with industrial sites, l'hen there is the new airport industrial development, and Roseland must carry the burden of that traffic. These are not attractive sites and conditions affecting our residential neighborhood. I hope each of you will consider carefully what another industrial site can do to Sebastian and Roseiand, in the overall view. '[his is too beautifi~i an area to be marred. Please vote against rezoning to industry and leave the land to be part of what we can proud of, a beautiful Indian River County, which includes your city. Thank you, Jackie James 388-3941 FROM ,~iiii~l!ll~/UN?,t"F~;',:','E:; Mh'-!UTES l::ll,,:¥l ..... of 9.B.,2. ACCESS TO SEMBLER PROPERTY. The Board reviewed a letter of February 15, 2002: (5 Fehma'~O', ~002 ....... ~ ......... PUBLIC DISCUSSION, ITEMS - CHRIS KIRRIE - RE: RL',' --1 c, cex,s if> Xemb]e~ /icat Rive r ,\i¢t~.': ,4~5' q/.~ws, Fresentations and.proposals, prior to this &~te are no longer available and are trot to be considered. Kirrie Qw~ the 60' strip be~,ee~ lots 20 & 29 ((5I)M3) and has had ~ .~u~,e3,e~t ~is iS not a ,part of either lot 20 or 29, ~a ts a ~-~ ~ts strip runs be~een the i30t~ Street ROW and the Sembler tract, and is presently Kirrie 'x second acaess to the Sembler tract. f( is ct~proxmmtely 138O' south of the gate on 130~ St. RO}['5 ~ new aCCess, based upon Board of Co.unty Commisx~oners mot/on of Jan,ua~ 2g 2002, is 870' or lesspom the gate on 130t~ St. ROgq thtm reducing the distance to be traveled into the NSCA.. Implement the trade as.follows: C,N. Kirrie will ~ade ¢~ acre ~om the southerO' end of the Sembler Tract(('~) M3), Lots 27 & 28, AA Ber~ Subdivision in the Fleming Grant, for a strip of land(~)M3) 60' wide to access the 3>mblvr Tract Lots I6, 27 & 28 of the AA Ber~ Su~ivtston m the Fleming Grant. ~e 60' strip will abut the t 30a' Street (G(bson 8YreeO right-af-w~W w~d cross LbS 20 2f the ~ Bemy Subdivision at the most pracrWal and least intr~ive location on the NortherO, end of said Lot 20. to co~tact Lot 28 qf the Sembl~r Tract. It is suggested that the trade to Indian River Coun% be takes ~ a strip fi'om the southerly eh& of Lots 27 & 28 (('3)M3), m that the land is alrea~ clear and would provide the cleared b~r strip required by the 2¢lanagemeni Plan for the North Sebastian Conse~watian Arga~S& C,A.) I/2g/98, page 6. FEBRUARY 19, 2002 -I5- Trade approximately Y~ ac~e((~3)M3), for ~ acre ((~2)M~L Kirrie will claim ~('~ ! )M3) ~o [ndmn River ~o~n~fi~r ~he p~pose o~mitigaaon as ~zeeded, See Attachment (( Kirrie will provide engineering and will construcl 1~~' Street to the new acce~'s at (~'~2)M3). Indian RiVer Coun~ will: In conj~ction with the Ci~ of Se~stian, process the mod~catlon of the HCP and 1TP pla~ and permits. Re: letter of Aug. 24. 2000 Ct'O, of Se~stian in,cotes the need for m~cations to the ITP, cc M~ke dennings, Roland Deblols, Ruth StanbNdge, Fran Ad~s, &re to otttparcels tn mnseme area and airport issues. ~e const~ctton of the ro~ on th, appr~lmate~ 870' of 13ffn Street rtght-of-w~, will be done ~ Mr. Kl~ie, read,cation of the w#l be a joi~ e~rt bergen Indian R~er Coun~ and the Ci~ of Se~stian. Any pre,ate entities or ~oups (other than reco~ed conse~at~on gro~s) rising the Ktrrie co~tructed ~rtion of 13~ Street, shall reimburse Mr, Kirtle through the coun~ on a fair shoe b~ed on thefthal cost of construction. Mr. Kirrie wiff ~nce t~t ~n of13~s Street ~ the new access (O)M3) ~ont the gate south at such a time as the rest of the NSCA is fenced. .[ir. Kirtle .wdl connect to s~er & water at the time it comes to the 12~ Street botmda~ of the Sembler tract. Mr. Kirtle will contribute $2,500.00 lo help o~et the costs of ~P,tHCP permit n.tod~cat~ons. U~e Ci~ of SebasOan and Indian R~er Count, believe, are going to fiche fo amend the above mentioned permits, due to F..L4 ;.estrictiot~, Re: ITP/HCP ~ the $eb~an ai~oH. Since the above [~ction will be ongotng, the mlnor portion (13fin $~eet accesO of the modification can be incorporated at a cayl, less than d~at ora serrate action. FEBRUARY 19, 2002 -16- ........ ' .... ':.,:l ..~UTCS OF FEBRUARY 19, 2002 -17- Chaim~an Stanbridge asked Mr. Kirrie to please be brief and questioned whetherMr. Kirrie has brought a new proposal to the Board. C. N, Kirtle responded that this is a new proposal, and Chairman Stanbr/dg¢ acknowledged that this will negate the old proposal which Mr. Kirrie submitted weeks ago. Mr. Kirrie stated that staffhas not come forward with any Solutions. in.~a.year and a hail, and Chairman Stanbridge emphasized that the proposal had only be~n stlbmitl:ed 2 weeks ago. Mr. Kirrie acknowledged that his approach is the today whi'dh proposes to make 130th Street his second access. He stated accept J29® Street as his primary access would relieve the County Conservation Area (NSCA) and acknowledged would ak happ ' .... m e everyone v. .,? "~:' '~ Chainuan Stanbridge acknowledged:.that this i~(:a new ~i~6~Sal which contains language stating that: "all offers, presentations or pr0i~osals p~ifi~ to this date are no longer available and arc not to be considered?~.. S'he noted;:}'hh't':~the~B6ard will now submit this new proposal to staff for their'review and'thanked Mr. Kirrie. NO ACTION FEBRUARY 19, 2002 -18- · o eo cotmrr co. ._ss o v .as March 21t, 2000 Ray Eabanks Community Program Administrator Plan Review and DRI Processing Team Depmment of Community Affairs 2555 ShumExi O~ Boulevard Tallahasaee, FL 32~99-2100 City of Sebaalian Proposed Plan Amendment DCA Ref. # 00-1 Dear Mr. Eubank$: Please be advised that the Indian River County planning staff has reviewed the above referenced item. Based upon its review, planning staff h~ the following comments: The City's transtmt~al letter, dated March 10. 2000, identifies an incorrect zoning for the uninc~t~d l~'OpeiYy surrotu~ng a 4,85 ~ere p~tion of the subject property, While the City's proposed amendment depicts surrounding coun~ land as having industrial zoning, the county land in that area is desi~ated aa L-2, Low-Dem~ity Residential 2 (up to 6 umta/acre), and is cunently zoned for re~dentiai and agricultural uses (Rose-4, Ro~elaad Rcsidenfi',d District (up to 4 unita/~'m) and A-l, Agncultural-I District, up to I unit/5 acres), The only access from the subject property to the thoroug, hfare system is through a residential subdivision (located in the unincorporated countyL This access ia not appropriate for industrial type of traffic (Dale Street is an unpaved residential road). Section 1 of City Ordinance No. 0.00.05 identifies this land use amen~ln~nt as small scale: however, the subject amendnm~t does not qualify for the state*s small scale amendme:~t allowance. The city's transmittal letter correctly identifies the proposed amendment as large The SUDject property proposed for. redesignation tO ind~ is adjacent to environment~ly ~si~vc I~ (~ No~ S~ C~a~on ~ p~h~ f~ ~fion) ~d ~nti~ m. ~~ ~vel~nt could have a negmve i~t ~ ~j~nt rcsi~nfi~ ~es d~ to i~us~ ~c ~cess t~ou~ ~si~n~ ~. Ul~,S~vo~l~. tannins fscili~) racy conflic, with co~ntion la~! burn Should you i~ imy~, pl~ con~ct Roland D~Blois at (~4~ l) ~67-8000. ext. -~8. or Sas~u Rol~ni nt oxt. 2~0. - Sznc~rel.v. FRIENI)S OF HISTORIC ROSEIAND (Formerly the Association of Roseland Property Owners) The 14.5 Sembler acres which Mr. Kerrie seeks to have rezoned industrial qualifies for nomination to the list of ecologically sensitive land in Indian River County. Application for inclusion on said list has been made. Properties on this list are reviewed annually by the Land Acquisition Advisory Board for possible purchase by the County. The property in question sits on top of a recharge area for the shallow acquifer and is surrounded by conservation land and residential properties. It is home to scrub jay, gopher turtles and indigo snakes all of which are on the list of endangered species. As far as residential use of this land vis-a-vis the airport, the new Collier Club subdivision being built which will connect Main street to Roseland Road is closer to the airport than the Sembler acres, and to our knowledge has been developed without discussion about airport impact on the homeowner. The Friends of Historic Roseland absolutely oppose any industrial use of the Sembler property. Mr. Kerrie owns industrial land in Fellsmere and we fervently hope he will construct his styrofoam plant there. We hope you will take these considerations into account as you make your decision tonight. Thank-you. From the February 5th transcript of the Indian River County Board of Commissioners meeting regarding the land use appeal of Chris Kirrie. Quote by Mr. Chris Kerrie: "Let me tell you where my time frame is and where it's going. On February 27th as was indicated at the last meeting will be another hearing on land use and zoning in front of the City of Sebastian. Should I get the support and indication from this commission, today, that we can work this thing out, we will go to it and work it out. Then in fact....uh..., i have been assured that it will be voted in - land use change and .... Done finished". ROSELAND NEIGHBORHOOD TASK FORCE January 12, 2002 To: The Board of County Commissioners From: The Roseland Neighborhood Task Force We, the Roseland Neighborhood Task Force unanimously oppose Chris Kirtle in his effort to industrialize the Sembler property in Roseland. Permission to industrial~ this property has been denied twice by the City of Sebastian because subject property is surrounded entirely by residential and conservation land. Mr. Kirrie's hope of trying to open a corridor from the Sembler property to Gibson St., (130*), would result in fi~rt~r tmwanted industrialization of Roseland. TheTask Force reeommeMs that the County Commissioners preserve the conservation area by not allowing ~ corridor accessing the Sembler property to O~son St. Such a comdor would further degrade residences along O~on as well as tl~ scrub jay habitat in the conservation area, a hugely sensitive subject here in Florida. We feel that industrial sites abound at the Sebast'~ Airport and along County Rd. 512. Sebastian should consolidate its industrial base at those locations rather than spot zxming land for industrial use in inappropriate, habitat sensitive residential areas. We thank you for your consideration. Very truly yours, Cy Carlson, Chairman Barbara Banfield Kathleen Koley Arthur Deschane Jaekie James jOanne McGrath Robert Musante Joanie Reed Blakeman Smith 02.042 QUASI-JUDICIAL PUBLIC HEARING SIGN UP SHEET FEBRUARY 27, 2002 Recqn.sideration of Ordinance No. O~01-22, Rezoning from RE-40 to IN (Industrial) Containin~a 14.85 Acres More or Less - CNK~ Inc. (GMD Transmittal 2/22/02, O-01-22, Application, Map, Staff Report, P& Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONiNG LOTS 16, 27 & 28, SECTION 30, Fleming Grant, CONTAINING 14.85 ACRES MORE OR LESS, FROM RE-40 TO IN (INDUSTRIAL); PROVIDING FOR CONFLICT AND EFFECTIVE DATE. NAME NAME ADDRESS ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS ·'°~ ·? · ·'~ · ·? · ·'~° "~ a