The URL can be used to link to this page

Home My WebLink About08272003HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 27, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council- limit often minutes per speaker (R-03-14) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION/MOMENT OF SILENCE 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATION~ 03.176 A. 03.177 B. 03.178 C. 3-4 Presentation by State Senator Mike Haridopolis, District 26-R (no backup) Colonel Ashford T. Jordan Park (1974 Resolution) Presentation by Mr. Don Bobish Regarding a Proposed Citywide Litter Removal Project to Help Benefit the American Lung Association (Public Works Transmittal 8/20/03) 03.179 D. Update Relative to Airport Administration Facility! Firm Selection and Development Process (no backup) 5-18 03.113 '/9-26 03.090 27-32 03.019 33-38 03.180 39-40 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 Regular Meeting Minutes - 8/13/03 Resolution No. R-03-32 - Florida Department of Transportation, Aviation Section Joint Participation Agreement Addendum for Infrastructure Improvements (Airport Transmittal 8/18/03, R-03-32, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT ADDENDUM FOR INFRASTRUCTURE IMPROVEMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-03-39 - Federal Aviation Administration Grant for Runway 9-27, Phase II (Airport Transmittal 8/18/03, R-03-39, Grant Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE A GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION (FAA) TO REHABILITATE RUNWAY 9-27 AND CONSTRUCT TAXlWAY "B"; PROVIDING FOR CONFLICT; PROVIDIND FOR EFFECTIVE DATE. Resolution No. R-03-40 - Final Plat for Fischer Lake Island Phase V (GMD Transmittal 8/19/03, R-03-40, Application, Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISLAND PHASE V; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Authorize the Expenditure of $12,192.00 from a $13,806.68 Federal Grant to Purchase Eight Bulletproof Vests from SRT Supply, State Contract #19-680-850-0 (PD Transmittal 8/14/03) 03.038 41-92 COMMITTEE REPORTS/RECOMMENDATIONS Planning and Zoning Commission i. Interview, Unless Waived, and Appoint Regular Member Position with Term to Expire May 1, 2005 (City Clerk Transmittal 8/18/03, Applications, Board Member List, Ad) PUBLIC HEARING 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 often minutes for each speaker 11. OLD BUSINESS 03.181 93-118 Cancellation of Orange Peel Enterprises, Inc. Lease (Airport Transmittal 8/20/03, Lease) 03.136 Opportunities to Finance Acquisition of Historic Train Depot Property on Main Street West of United States Highway 1(no backup) 12. NEW BUSINESS 03.182 119-138 Authorize Option and Lease Agreement Between City of Sebastian and Atlantic Coast Tower of Florida, Inc. (City Manager Transmittal 8/21/03, Agreement) 03.183 139-146 Approve Work Authorization #11 to City's Master Engineering Services Agreement with Kimley-Horn & Assoc., Inc. in an Amount not to Exceed $23,800 for the Study, Analysis, and Conceptual Design of Improvements for Main Street and Appropriate Funds for Same (Engineering Transmittal 8/8/03, Work Authorization #11, Exhibits A, B & C) 03.184 147-150 Review November and December City Council Meeting Schedules (City Clerk Transmittal 8/12/03, Calendars) 03.185 D. Discussion Regarding City Attorney Position (no backup) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS 03.186 Mr. Hill Mr. Coniglio Mr. Barczyk Mr. McCollum i. Consideration of Permanent Rules & Regulations Regarding Side Setbacks for Planned Unit Developments (no backup) Mayor Barnes 18. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one haff hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA'FI-ER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.~ IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hea~ngAss~nceHeadphonesareAvailablein ~eCouncflChambe~ ~rallGovemmentMee~ngs. Upcoming Meetings: September 10, 2003 - Regular Council Meeting - 7:00 p.m. September 11, 2003 - 7:00 p.m. -1~ Public Hearing of City Budget September 24, 2003 - 7:00 p.m. - Final Public Hearing of City Budget & Regular Council October 8, 2003 - 7:00 p.m. - Regular Council October 22, 2003 - 7:00 p.m. - Regular Council November 12, 2003 - 7.'00 p.m. - Regular Council November 26, 2003 - 7:00 p.m. - Regular Council December 10, 2003 - 7:00 p.m. - Regular Council RESOLUTION ~ H E R E A S, COLONEL A. T. JORDAN, over the yeare~ has rendered various outstanding aarviaes tc the City of Sebastian including service as its City Clerk; A ~ D, ~ H E R E A S, tha City Council of the City of Sebastian is desirous of expressing its appreciation on behalf o~ its citizens for the many hours of labor an~ services rendered by said COLONEL A. To JORDAN to the City~ N 0 ~ T H E R E F 0 R E~ BE IT RESOLVED 8Y THE CiTY OF SEBASTIAN, FLORIDA, 8Y AND THROUGH ITS CITY COUNCIL, that the City Park adjacent to the City Hall including the Public Park area extending along the Indian River, be and is herawith designated as tha "COLONEL A.T.JORDAN PARK" and the City records shall be ~ecorded accordingly, f. Fuo~ Cragg '~' ATTEST: City Clerk The foregoing Reeoi~tion ~as duly passed and adopted by the City Council of the City of Sebastian> Florid~ thio ~_~c~ day of · ~.~ , i97~ Florence L, Phsl~n City Clerk is s ~ L) City of Sebastian, Florida Subject: Presentation by Mr. Don Bobish regarding a proposed Citywide litter removal project to benefit the American Lung Association AI;~roved for Submittal by: Te~J~ld0re,~nager Exhibits: I~:~'e Agenda No. Dept. Head: Finance: Procurement: Date Submitted: August 20, 2003 For Agenda of: August 27, 2003 EXPENDITURE REQUIRED: None BUDGET AVAILABLE: N/A APPROPRIATION REQUIRED: None Back,qround Mr. Don Bobish would like Council approval for a citywide litter removal project that would benefit the American Lung Association. This would consist of volunteers walking city streets and picking up litter on the right of ways. Residents could leave trashcans out in driveways and the volunteers could dispose of litter in these cans. SUMMARY Consider proposal and act accordingly. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL DRAFT MINUTES REGULAR MEETING WEDNESDAY, AUGUST 13, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular 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 Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski City Engineer, David Fisher Acting Finance Director, Debra Krueger Human Resources Director, Jim Sexton Stormwater Engineer, Ken Jones Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill Regular City Council Meeting August 13, 2003 'Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a unanimous vote of City Council members (R-03-14) None. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 03.1'63 A. Presentation to Employee of the 2nd Quarter Mayor Barnes presented Philip Patnode with a certificate honoring him as Employee of the 2"d Quarter. 03.164 1-2 City of Sebastian Receipt of Award for Excellence in Community Service 2002 (HR Transmittal 7/30/03, Plaque) The Human Resources Director accepted the Excellence in Community Service 2002 Award on behalf of the City, and listed the events and fundraisers in which the City Council and staff involve themselves. 03.165 Presentation by Indian River Mosquito District Director Dour Carlson and Research Entomologist Alan Curtis Alan Curtis gave a presentation on the mosquito control program in Indian River County, which he described as being performed on an as needed basis when the district is contacted by a County resident. He advised that their phone number is 562-2393 as listed in the business section of the phone number. 03.055 3-4 Presentation by Comcast Cable Communications, Inc. - Additional Pro~rammin.q Opportunities in the Community Comcast Cable Communications, Inc. representative, Leigh Ann Dunleavy, addressed City Council on new programming opportunities, including 88 new channels and requested a change in the notification requirement to thirty days. Mr. McCollum cited some possible problems with channels planned for change. He requested that customers be notified first and said he was not in favor of a reduction in the notice requirement. Mr. Hill concurred. The City Attorney advised that Council would have to amend its ordinance to change the sixty day requirement. In response to Mr. Coniglio, the City Attorney said that there is some provision for Council regulation of cable service. He said he would review the franchise agreement. 03.166 E. Update Regardin,q 2003 Sebastian Clambake The City Attorney addressed City Council on the upcoming Clambake Festival scheduled for September 5, 6 and 7, 2003. Regular City Council Meeting August 13, 2003 Page Three CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discuss/on of consent agenda items unless a member of City Council so requests,- in which event, the item will be removed and acted upon separately. 5-8 A. Approval of Workshop Minutes - 7/16/03 9-18 B. Approval of Regular Meeting Minutes - 7/23/03 03.167 19-20 Authorize City Manager to Pay for Travel Expenses of Qualified Candidates for "Key" Positions at His Discretion (HR Transmittal 8/6/03) 03.168 21-36 Resolution No. R-03-34 Vacation of Easement - Merrifield - Lots 18 & 19, Block 151, Sebastian Highlands Unit 5 (GMD Transmittal 8/6/03, R-03-34, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERAIN EASEMENTS OVER LOTS 18 AND 19, BLOCK 151, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 03.169 37-40 Resolution No. R-03-35 Designating "No Parking" Zone on the South Side of Cleveland Street (Engineering Transmittal 616103, R-03-35) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A "NO PARKING" ZONE ON THE SOUTH SIDE OF CLEVELAND STREET IN ACCORDANCE WITH SECTION 98-38 OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 03.107 41-44 Resolution No. R-03-36 Correcting Tables for Establishing Building Permit Fees (City Attorney Transmittal 8/7/03, R-03-36, R-03-22) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING VARIOUS BUILDING PERMIT FEES PURSUANT TO CITY CODE SECTION 26-35 CHAPTER 26, ARTICLE II BUILDING CODE; PROVIDING FOR PENALTIES; PROVIDING FOR PLAN-CHECKING FEES; PROVIDING FOR VALUATION CERTIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR EFFECTIVE DATE. 03.151 45-46 Authorize the Appropriation of Additional $40,000 to Complete Improvements The Sebastian Community Center (Public Works Transmittal 8/4/03, Cost Estimate) 03.144 4772 Authorize the City Manager to Execute Project Amendment Exhibit B-Cost Estimate Revision for FIND Waterway Boat Safety Program Project (City Manager Transmittal 7/29/03, Amendment) 03.007 73-78 Approve Work Authorization No. 10 to Kimley-Horn Agreement in Amount of $23,000 for Requisite Construction Phase Services, Survey Layout Services and As-Built Drawings for New Piers & Shoreline Restoration at Riverview Park (Engineering Transmittal 8/4/03, Work Authorization #10, Exhibit A) Regular City Council Meeting August 13, 2003 Page Four 03.059 J. 79-82 Approve Change Order No. 1 to WCG, Inc. Contract for 39 Legal Descriptions Required for Acquisition of Required Rights-of-Way and Easements for the Renovation of Louisiana Avenue Not-to-Exceed $23,790 (Engineering Transmittal 8/5/03, Change Order #1, Letter, Scope) 03.170 K. 83-84 Approve KIRB Fall Craft Festival at Riverview Park on September 13 & 14, 2003 from 10 a.m. Until 5:00 p.m. Each Day (Parks Transmittal 8~6~03, Letter) (Application Under Separate Cover) 03.171 L. 85-86 Approve Closing of Veterans Memorial Way from Sebastian Blvd. Westbound East to Louisiana Avenue from 11:00 a.m. until 6:00 p.m. on Saturday, August 30th, 2003 For VFW/American Legion Labor Day Picnic (Parks Transmittal 8/5/03, Letter) 03.172 M. 87-88 Approve Purchase of 180 Roles of 5730 Reflective White Stamark Tape from 3M for Total Amount of $24,624 For Stop Bar Pavement Markings (Engineering Transmittal 8~5~03, Cost List) The City Attorney read titles for Resolution Nos. R-03-34, R-03-35, and R-03-36. Mr. Hill removed item I. MOTION by Coniglio/Barczyk "1 move to approve items A through H and J through M." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 Item l Mr. Hill inquired what the City had been paid to Kimley-Horn so far on this pier project. The City Manager noted that Kimley-Horn has a general services contract with the City, said he would have to report back because he did not have this information on hand, and suggested that perhaps the Acting Finance Director could answer that question. Mr. Hill asked what tasks the City's Engineering Department could not handle. The City Manager said there is only one professional engineer in-house, thus a project such as this is typically outsourced and is, in fact, a more efficient process. Mr. Hill said he would agree with tasks two and three but did not agree with certain provisions of the work authorization. Regular City Council Meeting August 13, 2003 Page Five Mr. Barczyk said he would like to see worksheets on these projects as to who is working on them. MOTION by McCollum/Coniglio "1 move approval of item I." Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - nay Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 4-1 8. COMMITTEE REPORTS/RECOMMENDATIONS 03.038 89-130 Planninq and Zoning Commission i. Appoint Alternate Member Position to Expire 1/2005 (City Clerk Transmittal, Letter, Applications, Board Member List, Ad) Mayor Barnes announced that all applicants who are not successful tonight will be carried over to a regular member position appointment at the next regular meeting. Mayor Barnes asked the applicants if they had any further information they wished to present to Council at the podium. Scott Taylor, member of the Construction Board since 1999, addressed City Council citing his experience as a local builder. He said he could keep an unbiased opinion on a particular development that might be proposed in his area, and that he does build in Sebastian. Dan Keogh said he loves Sebastian and would love to see controlled growth. Bill Simmons, Code Enforcement Board, said he has construction background and would have no conflict of interest since he does not work in the area. Mr. Coniglio nominated RobertTaylor. Mr. McCollum nominated Sal Neglia. Mayor Barnes nominated Dan Keogh. Mr. Coniglio asked Mr. Neglia if he had any planning or zoning experience. Mr. Neglia said he did not but had served on many boards and would be an asset. Regular City Council Meeting August 13, 2003 Page Six Mr. Barczyk - Neglia Mr. Hill - Keogh Mr. McCollum - Neglia Mayor Barnes - Keogh Mr. Coniglio - Taylor The City Attorney advised a run-off of the two highest vote getters take place. Mr. Hill - Keogh Mr. McCollum - Neglia Mayor Barnes - Keogh Mr. Coniglio - Keogh Mr. Barczyk - Neglia Dan Keogh was appointed. 03.173 131-142 Tree and Landscape Advisory Board i. Appoint Regular Member Position to Expire 4/2004 (City Clerk Transmittal, Letter, Applications, Board Member List, Ad) Mayor Barnes asked if any of the three applicants had anything to add. Only Mrs. Fusco was in attendance and briefly addressed Council. Mr. Hill nominated Mr. Madsen. There were no other nominations for regular member, therefore Henry Madsen was appointed. Mr. Coniglio nominated Mrs. Fusco and Mayor Barnes nominated Mrs. Bennett for the vacated alternate position. Mr. McCollum - Fusco Mayor Barnes - Bennett Mr. Coniglio - Fusco Mr. Barczyk - Bennett Mr. Hill - Fusco Mrs. Fusco was appointed alternate to replace Mr. Madsen's vacated position. Mayor Barnes called recess at 8:30 p.m. and reconvened the meeting at 8:44 p.m. All members were present. Regular City Council Meeting August 13, 2003 Page Seven 9. PUBLIC HEARING 03.095 A. '143-16o First Readinq and Public Hearinq for Transmittal to Florida Dept. of Community Affairs Ordinance No. O-03-13; Land Use Amendment for a Proposed 63-Acre Planned Unit Development Situated South of CR510 Alonq CR512, and Known as Sebastian River Landings Unit II (GMD Transmittal 8/6/03, O-03-13, Conceptual Plan, Map, P & 7 Recommendation, Application, PJ Ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVDING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF LOW DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (I-1) FOR LAND CONSISTING OF 63 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS UNIT II; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. O-03-13 by title and Mayor Barnes opened the public hearing at 8:44 p.m. The Growth Management Director presented staff recommendation. Applicant Timothy Jelus, 1682 West Hibiscus, Melbourne, addressed City Council on the mixed-use development. He noted that there is a market for different types of housing, and that the City's code is inherently asking for more than 80' x 125' lots. The City Attorney asked if the required traffic impact analysis addresses this phase. Mr. Jelus said CR510 is planned for widening next year and that he is working with Indian River County. The Growth Management Director stated the development will not impact the state owned floodway. Mr. Jelus described two methods of removing lots within the development out of the flood zone, and said there are discussions on-going relative to purchase of an out-parcel as an alternate entryway. Mr. Hill said he could approve the fifty foot lots, was pleased with the product, but could not support increased density to 3.4 units per acre resulting in over-development. Mr. McCollum said he could not support five foot setbacks and was concerned about the increased density. The City Attorney advised Council that there would be a 3 months window to receive a response from the Department of Community Affairs and that during that time the applicant could work on the four options of zoning. Regular City Council Meeting August 13, 2003 Page Eight Mayor Barnes concurred that he would like to see the setbacks wider. Linda DeSanctis asked about waste runoff from the development. Mayor Barnes said they will be connected to County sewer. Mayor Barnes closed the hearing at 9:17 p.m. The City Attorney said they can pass this, send it to DCA, and if Council is uncomfortable with the zoning, they can pass on it at this time and give the applicant time to work on amendments. MOTION by McCollum/Coniglio "With that understanding Mayor, I would go ahead and move to approve ordinance O-03-13 for first reading." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 03.095 161-186 First Reading and Public Hearing for Ordinance No. O-03-14; Conceptual Development Plan and Rezonin.q Request from Agricultural (A-l) to Planned Unit Development Residential (PUD-R) for a Proposed 63-Acre Planned Unit Development Situated Along CR510, South of CR512 and Known as Sebastian River Landings Unit II (GMD Transmittal 8/6/03, O-03-14, Plan, Staff Report, P & Z Recommendation Application) -This is Quasi Judicial ~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 63-ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS UNIT II; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. MOTION by McCollum/Hill "Mayor on that note I move to table ordinance O-03-14 until we receive notice from staff or come back to council." Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 Regular City Council Meeting August 13, 2003 Page Nine 10. 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 Linda DeSanctis, requested a traffic signal at Barber and George Street. The City Manager said he had received a letter from Sal Neglia and had directed staff to conduct an engineering traffic study to ascertain need for safety measures at this intersection and it should be available in September. Mickey Groeppler, Wimbrow Drive, asked about process of collapsing seawalls on Collier Creek from Fleming north. She said there are sinkholes forming adjacent to the seawall and eroding soil. She said in fourteen years there has never been any maintenance to the seawall, and asbestos is getting into the water. The City Manager said the City is working with St. Johns River Water Management District on a partnership, but received a letter that there is no funding available to them at this time. He said some other approaches have to be made including some responsibility by the property owner. The City Attorney recommended said this will only be accomplished by a public/private mix, it is not appropriate to use general funds to repair the properties, it can't be done piecemeal and a realignment will be required, and it is becoming a liability concern. He said private property. owners could never be allowed to repair those that involve city right-of-way. He suggested that Nabors, Giblin and Nickerson be brought on board to formulate a public/private plan. He said he thought they would come in and give a presentation. The City Manager said he would come back with a recommendation in the next couple of meetings or so. The City Attorney said he could contact the consultants and was advised to coordinate with the City Manager. Mrs. Groeppler asked if staff could help her with the holes that have formed in the meantime. Mayor Barnes read a letter from Bill Ingui, Parks and Recreation, inviting City Council to attend the August 25, 2003 Parks and Recreation meeting and to advertise the meeting on the website and in the newspaper. 11. OLD BUSINESS 03.161 187-188 Request by Sebastian River Area Chamber of Commerce for Consideration of City of Sebastian Sponsorship of Fourth Annual Flats Fishinq Tournament on October 31st and November 1st, 2003 as Proposed by the Sebastian River Area Chamber of Commerce (City Manager Transmittal 8/4/03, Letter) Beth Mitchell, Sebastian River Area Chamber of Commerce, requested that the City of Sebastian sponsor the Flats Fishing Tournament to enable them to serve beer. Mr. Barczyk asked if the City is opening a pandora's box if it approves this request. Regular City Council Meeting August 13, 2003 Page Ten Mayor Bames said this is a group that is active in the City and serves the City's interests. Mr. Hill concurred with co-sponsoring this event. The City Attorney said these requests should be addressed on a case-by-case basis, and should not be a problem if Council remains consistent with its approvals. Baxter Coston, Sebastian, said he thought it was late for them to be asking now for city sponsorship. The City Attorney said their asking at this time is compliant with the City laws. Mickey Groeppler, asked if this was charitable and if the City has to supply police and cleanup. The City Manager said this was discussed and no City staff is required. Beth Mitchell said the Chamber is a not-for profit corporation, and net proceeds do go into their coffers, they promote business, highlight the Indian River Lagoon and the City's heritage, and they are taking children from the Boys and Girls Club fishing. MOTION by Hill/Coniglio "Move to approve City of Sebastian sponsorship of Fourth Annual Flats Fishing Tournament on October 31st to November Ist, 2003 as proposed by the Sebastian River Area Chamber of Commerce." Mr. Barczyk - nay Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 4-1 Mr. Coniglio said there is bronze plaque at Jordan Park that needs to be refurbished. 12. NEW BUSINESS 03.027 ~/ 89-226 Approve Resolution No. R-03-33 Adopting an Amended Fiscal Year 2002-03 Budget (Finance Transmittal 7/31/03, R-03-33, Memo, Status Reports, Schedules, Accomplishments and Statement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-03-33 by title. Regular City Council Meeting August 13, 2003 Page Eleven The Acting Finance Director explained the budget amendments. Mayor Barnes thanked the Acting Director for the continuation of easy-to-understand budget documents. Mr. Coniglio was absent from 10:00 pm to 10:02 pm. MOTION by Hill/McCollum "Move to approve R-03-33." Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 5-0 03.174 227-230 Bo First Readinq Ordinance No. O-03-03 - Pertaining to the Display of Building Numbers - Schedule Public Hearinq 9/10/03 (Code Enforcement Transmittal 7/30/03, 0-03-03, P & Z Recommendation) AN ORDINANCEOF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE DISPLAY OF BUILDING NUMBERS; AMENDING ARTICLE VII OF THE LAND DEVELOPMENT CODE, SECTION 54-2-7.20 AND RENUMBERING AS CODE SECTION 26-6; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-03-03 by title, and explained the amendments. MOTION by McCollum/Barczyk "Move first reading of Ordinance 0-03-03 and schedule public hearing for 9/10/03." Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 5-0 Regular City Council Meeting August 13, 2003 Page Twelve 03.175 231-232 C. City Manager Evaluation (HR Transmittal 7/29103) Mr. McCollum read his excellent evaluation into the record (see attached). Mayor Barnes stated he had also rated the City Manager as excellent. Mr. Coniglio commended him for all the projects he has spearheaded, the time he spends and the grants he brings in. He said an increase should be looked at with an eye to bringing the salary in line with other manager salaries. Mayor Barnes suggested that Council look at data and place an item on the next agenda to bring the City Manager's salary in line with other managers in similar size cities. Mr. Hill said he appreciates all the work the City Manager has done and that the City is a better place because it has him here. He said Mr. Moore agreed to the position at a certain salary and has been given above the norm increases in the last couple of years. He said holding the line on other areas and raising the City Manager's salary concerns him. Mr. Coniglio said businesses and City staff are pleased with Mr. Moore. Mayor Barnes said it is common practice to review and adjust salaries. Mr. McCollum said Mr. Moore came into a city which handed him increased workload and that there needs to be a market adjustment because of an error made several years ago when his salary was set. He said he intended no insult to the other Charter officers but that he did not see the same trend with the others. He said he was prepared to make a recommendation tonight. MOTION by McCollum/Coniglio "I'd like to make a motion that we make it 5% market increase for the City Manager's position along with 3.5% merit increase that we gave the City Attorney for a total-I guess it would be a total of 8.5%." Mr. Coniglio amended the motion to for a salary of $90,000 with 3.5% merit. The City Manager asked that Council's decision be unanimous so that everyone is satisfied and comfortable. At 10:30 p.m. motion was made to continue the meeting. MOTION by Coniglio/McCollum "Make a motion we extend to whatever time is necessary--until 11 o'clock." VOICE VOTE on the motion carried. Regular City Council Meeting August 13, 2003 Page Thirteen Mr. Hill again said it was not appropriate to make this much of an adjustment at this time during contract negotiations. He said he will support the City Manager regardless of whatever is done tonight but he will not be able to support the vote. Mr. Barczyk agreed with the problems with on-going negotiations. Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - nay Mr. Hill - nay Mr. McCollum - aye Roll Call carried 3-2 '13. CITY ATTORNEY MATTERS Reported on: -coordinating an effort to upgrade porous concrete and asphalt regulations within the Code of Ordinances and request a presentation from Camp, Dresser and McKee on these products. -Received a consensus for ReMax to cover the City on its liability insurance during the Clambake Festival. -Need for hearing on August 19, 2003 regarding Capital Sanitation's termination process. -Colonel Jordan Park - will introduce his daughter at next meeting -Hopefully in final stages of leaving for another job and recommended an ad be placed in the Florida Bar News for a new City Attorney. He said he will work with Human Resources on requirements and council concurred. 14. 16. 17. CITY MANAGER MATTERS None. CITY CLERK MATTERS None. CITY COUNCIL MATTERS A. Mayor Barnes None. B. Mr. Hill None. Regular City Council Meeting August 13, 2003 Page Fourteen C. Mr. Coni,qlio 03.125 A. City Attorney Pension He said he feels uncomfortable with the provision and suggested that there is always an attorney that reviews future contracts. He also suggested five-year renewable contracts in the future. He said the point is moot to address the City Attorney's pensions. Mr. Barczyk -Reported on a ripped flag at the Yacht Club and handicapped stripes need to be re- painted. -Requested report on the new Public Works/Engineering administration building. E. Mr. McCollum None. 18. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:52 p.m. Approved at the August 27, 2003 Regular City Council Meeting. Walter W. Barnes, Mayor ATTEST: Sally A. Maio, CMC, City Clerk M U'NICiPAE AIRPORT City of Sebastian, Florida Subject: Florida Department of Transportation, Aviation Section Joint Participation Agreement addendum for Infrastructure Improvements Agenda No. Department Origin.~L.Bkpart Finance: General Services: fl A..pproved for Submittal by: ~~.oo~¢~ Manager Date Submitted: 8/1 8/2003 ~v /~ ~-~ For Agenda of: 8/27/03 EXhibi~.' (2) - Resolution R-03-32, Supplemental FDOT Joint Participation Agreement (JPA) Infrastructure Improvements EXPENDITURE REQUIRED: $ n/a AMOUNT BUDGETED: $ 376,589 APPROPRIATION REQUIRED: $ 265,000 SUMMARY In March of 2001, the City of Sebastian accepted a Joint Participation A~eement (JPA) from the Florida Department of Transportation (FDOT), Aviation Section for Infrastructure Development at Sebastian Municipal Airport. This was for various infrastructure improvements such as relocating golf hole numbers 17 mad 11, extending Airport Drive West, adding a waterline to Airport Drive West, and reconfiguring Airport Drive East. Though the golf holes were relocated, you may recall that the remaining projects required the airport to mitigate a portion of a wetland that the proposed road extension traversed. Permitting and negotiations with the water management district delayed this project for over a year, at the end of which we experienced a large increase in the prices of asphalt and related services. These two factors caused a significant increase in the overall cost. The low bid for this project came in at $612,924. We currently have $376,589 budgeted, leaving a difference of approximately $236,000. Our original plan was to transfer funds from a future project by changing purpose of an existing FDOT grant agreement in order to make up for the difference. Staff had prepared an agenda item for this, however after further discussion with FDOT, it became clear that there was a better solution and the item was pulled from the agenda during your July 9th meeting. Rather than take money away from another project, airport staff was able to secure additional funding from FDOT in order to supplement the original budgeted amount. FDOT was able to provide an additional $265,000 to our existing infrastructure grant agreement of $750,000, giving us a new total of $1,015,000. Please be aware, however that nearly $375,000 has already been spent on relocating the golf holes, design and engineering for this infrastructure work, and permitting and wetland mitigation fees. This leaves approximately $640,000 to complete the project, which includes a small contingency for unanticipated expenses and/or administrative fees. Finally, as with most of our FDOT grant agreements, 80% of this increase ($212,000) is funded by FDOT and the remaining 20% ($53.,000) will come from airport revenues. Airport staff will be present at the August 27, 2003, regularly scheduled meeting, should you have any questions or concerns. RECOMMENDATION Move to approve Resolution R-03-32, increasing the Joint Participation Agreement entitled "I~ifrastructure Improvements" by $265,000 and appropriate same. RESOLUTION NO. R-03-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXFECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT ADDENDUM FOR INFRASTRUCTURE IMPROVEMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide additional funding to the original grant for infrastructure work to the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Project No. 236320-1-94-01. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Counciimember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nate McCollum The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and Legality for the City of Sebastian Rich Stringer City Attorney FORM 725030-07 PUBLIC TRANSP ADMIN OGC-07/D2 Page 1 of 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT FM No: 236320-1-94-01 Job No: Contract No: AJ873 Fund:. DS Function: 637 FLAIRApprop: 088719 Federal No: FLAIR Obj.: 750004 Catalog of Federal Domestic Assistance Org. Code:.. 55042010428 Number: Vendor No.: VF596000427088 THIS AGREEMENT, made and entered into this ~ day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 5th entered into a Joint Participation Agreement; and of March ~ 2001 , WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment"A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 812,000 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual beneffisto flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project descdpton is amended N/A FORM 725-030-07 PUBLIC TRANSP ADMIN 0GC--07~02 Page 2 of 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased/dec, mased by $ of the projectto $ 1,015,000.00 Paragraph 4.00 of said Agreement is increased/der:,mased by $ revised share in the project to $ 812,000.00 3.00 Amended Exhibits: Exhibit(s) B 4.00 Contract Time: Paragraph 18.00 of said Agreement is amended 12/31/04 265,000.00 bdnging the revised total cost 212,000.00 bringing the Department's of said Agreement is (are) amended by Attachment "A". FORM 725-O30-07 PUBLIC TRANSP ADMIN OGC - 08f99 Page 3 of 4 FM No. 236320-1-94-01 Contract No. AJ873 Supp. Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated March 5, 2001 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above wdtten. AGENCY City of Sebastian FDOT COMPTROLLER FUNDING APPROVAL DATE: BY: TITLE: ATTORNEY DEPARTMENT OF TRANSPORTATION ATTEST: TITLE: (SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PRODUCTION APPROVED AS TO FORM, LEGALITY ATTEST: TITLE: . (SEAL) FORM 725-03O-07 PUBLIC TRANSP ADMIN OGC - 0~99 Page 4 of 4 FM No. 236320-1-94-01 Contract No. AJ873 Supp, Agreement Date ATTACHMENT "A" SUPPLEMENTAL AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Unforeseen wetland mitigation and permitting negotiations delayed the project for over a year. During that time there was a large increase in the pdces of asphalt and related services. The mitigation combined with the increase prices made it necessary to increase the budget for this project. PROJECT COST: Approved Net Change Amended $750,000 $265,000 $1,015,000 11. PARTICIPATION: Approved Amended Approved Net Change Amended Department 80.0% 80,0% $600,000 $212,000 $812,000 FAA 0.0% 0.0% $0 $0 $0 Local 20.0% 20.0% $150,000 $53,000 $203,000 III. TOTAL PROJECT COST' 100.0% 100.0% $750,000 $265,000 $1,015,000 MUNiCiPAL AIRPORT City of Sebastian, Florida Subject: Federal Aviation Administration Grant for Runway 9-27, Phase II Approved for ~ubmittal by: rence ore~ ger Agenda No. Department Dept. Head: ~,: Finance: General Services: Date Submitted: 8/18/2003 For Agenda of: 8/27/03 Exhibits: (2) - Resolution R-03-39, Grant Agreement from the Federal Aviation Administration EXPENDITURE REQUIRED: $ n/a AMOUNT BUDGETED: $1,230,000 APPROPRIATION REQUIRED: $ n/a SUMMARY In February of 2002, the City of Sebastian adopted the newly revised Airport Master Plan for Sebastian Municipal Airport. The primary goal of this plan was to increase economic development activities while also increasing the community compatibility of the airport. The method to accomplish this goal was to reactivate Runway 9-27 and close Runway 13-31. This would reduce the amount of overflight over residential areas as well as provide approximately 170 additional acres for development for both aviation and non- aviation businesses. This however, was a very complex and expensive endeavor. It entailed moving holes at our golf course, major land clearing, relocating two airport tenants, and most importantly rehabilitating the failing pavement. It was also discovered that even when all of that was complete, aircraft couldn't operate safely without a new, full-length taxiway constructed parallel to the newly paved runway. The project was then split into two phases, the first of which concentrated clearing the approaches, moving the golf holes, and buying out and providing for the relocation of two tenants. The second phase was to focus on the pavement rehabilitation and the construction of that parallel taxiway. As you are aware, through'much coordination, planning, and cooperation with both the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT), we have nearly completed the first phase of the project, the only remaining task being the removal of both tenant's facilities, which lie at each end of the runway. Under our buyout agreements, they have until January of next year to vacate their buildings. In the interim, we had every intention of beginning the pavement work on the runway, so that when the tenants were out of the buildings, the runway could open as soon as the buildings were removed. However, we could not begin any pavement work without the appropriate funding from both the FAA and FDOT, something that due national to and statewide priorities, we were not sure we would receive. Airport staff is now very pleased to mmounce that we have recently been awarded $1,107,000 from the FAA for the reactivation of Runway 9-27! This sum represents ninety percent of the cost of Phase II, Rehabilitate Pavement and Construct Parallel Taxiway. As with our previous FAA graa~t agreements, FDOT will provide five percent of the total project cost, and the remaining five percent ($61,500) will come from airport revenues. The total anticipated cost for this project is $1,230,000. Airport staff will be present at the August 27, 2003, regularly scheduled ~neeting, should you have any questions or concerns. RECOMMENDATION Move to approve Resolution R-03-39, accepting the Grant Agreement between the City of Sebastian and the Federal Aviation Administration entitled "Rehabilitate Runway 9- 27; Construct Taxiwa¥ 'B'". RESOLUTION NO. R-03-39 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE A GRANT AGREEMENT WITH THE US DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION (FAA) TO REHABILITATE RUNWAY 9- 27 AND CONSTRUCT TAXlWAY "B"; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the U.S. Department of Transportation, Federal Aviation Administration (FAA) has agreed to provide funding to rehabilitate the pavement and construct a parallel taxiway; and WHEREAS, the City of Sebastian agrees to conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached "Exhibit A" of Agreement Project Number: 3-12-0145-004-2003. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nate McCollum this The Mayor thereupon declared this Resolution duly passed and adopted day of ,2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter W. Barnes, Mayor Sally A. Maio, CMC, City Clerk Approved as to form and Legality for the City of Sebastian Rich Stringer, City Attorney ~£ Transportation Ge#era/Aviario~ Admi#i~rratio# GRAIgT AGREEMEIgT Date of Offer: August l/T, 2003 Project Number: 3-12-01ZlS-OD4.2003 Recipient: City of Sebastian (Herein called Sponsor) Airport: Sebastian Municipal Airport OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AMD ON BEHALF OF THE U~ITED STATES, HEREB'( OFFERS AMD AGREES to pay, as the United States' share, ninety percent(90%) of the allowable costs incurred~n accomplishing the project consisting of the following: "REHABILITATE RUNWAY 9/27; CONSTRUCT TAXIWAY "B"" as more partic~Jiariy described in the Proiect Application dated July 16, 2003. The maximum obligation of the Un~od States payable under this Offer shall be ~ 1,107,000 for airport development. Ti~is offer is made in accordance with and for the purpose of carrying out the provisions of Title 49, United States Code, herein called Title 49 U.S.C. Acceptance and execution of this offer shall comprise a Grant Agreement, es provided by Title 49 U.S.C., constituting ~he contractual obbgations and rights of the United States and the Sponsor. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Acting Manager, Airports District Office SPECIAL ~lt is understood and agreed by and between the parties hereto that this Grant Offer is made ahd accepted based on estimates for Rehabilitation of Runway 9/27 and Construction of Taxiway "B", and the parties hereby covenant and agree that within §0 days from tho date of acceptance of this Grant Offer, the Sponsor shall receive bids fur Rehabilitation of Runway 9~27 and Construction of Taxiway "B", contained within the grant descrigtioo. ACCEPTANCE The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document "Terms and Conditions ef Accepting Airport improvement Program Grants" dated September 1, 1999. Executed this __ day of __ ,20 __ (Seal) Name of Sponsor Signature of Sponsor's Designated Official Representative Title Attest Title CERTIFICATE OF SPONSOR'S ATTOBIgEY , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered tD enter into the foregoing Grant Agreement under the laws of State of Florida. Further, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly autimrized and that tile execution thereof is in all respects due and proper and in accordance with the laws of the said State and Title 49 U.$.C. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that wiii prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the ,Sponsor in accordance with the terms thereof. Signature of Sponsor's Attorney Date HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: Final Plat for Phase V of Fischer Lake Island Subdivision. Agenda No. C),5. C! { &~ Department Origin: J;3rowth Management Tracy E. Hass~5 Date Submitted · August 19, 2003 For Agenda of: August 27, 2003 Exhibits: R-03-40, Application, and Plat. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Henry A. Fischer submitted an application for final plat of phase V in Fischer Lake Island Subdivision. Fischer Lake Island is designed as a deed restricted private single-family community. Phase V consists of two blocks containing 11 total lots. The typical lot is approximately 100' x 220' with minimum setbacks of 30' for the front, 15' for side, and 25' for rear. Each lot has a 20' rear easement for purposes of lake maintenance. The developer completed all infrastructure and site development requirements during Phase I construction, including installation of a closed drainage system with curb and gutter road sections. Access to phases V will be accomplished via Eagles Circle, within the subdivision, and access to the subdivision is via Watervleit Street, which intersects with CR-512 at CR-510. Additionally, all engineering, and surveying details have been completed in accordance with Florida Statutes. RECOMMENDED ACTION Staff recommendation is to adopt this resolution. "Move to adopt Resolution No. R-03-40." RESOLUTION NO. R-03-40 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISLAND PHASE V; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Henry A. Fischer, has filed an application for approval of a final plat for a subdivision known as Fischer Lake Island Phase V; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian does hereby approve the final plat for Fischer Lake Island Phase V as prepared by James A. Fowler, P.S.M. dated July 14, 2003, revised August 1, 2003. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nathan B. McCollum The Mayor thereupon declared this Resolution duly passed and adopted this 27th day of August, 2003. and, upon being put into a CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Permit Application No. City of Sebastian .Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: Dr. Henry A. Fischer, D.D.S. Address: PO Box 780068, Sebastian, FL 32978-0068 Phone Number: (772) 589 5337 FAX Number: (772) 589- 7731 E-Mail: Owner (If different from applicant) Name: Same Address: Phone Number: ( ) FAX Number: ( ) E-Maih Title of permit or action requested: Final Plat Phase V PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'Fi'ACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. A"F[ACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Fischer Lake Island Phase V B. Site Information Address: 1500 Eagle's Circle, Lots 5A-6A-7A-8A, 4B, 5B, 6B, 7B, 8B, 9B, 10B Lot: Block: Unit: Subdivision: 6-7-8A, 4-5-6-7-8-9-10B Fischer Lake Island Indian River County Parcel #: 31-38-23-00000-3000-00003.0 Zoning Classification: Future Land Use: RS20 ExistinaUse: Proposed Use: Same S ing~le Family C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Final Plat - Phase V DATE RECEIVED: FEE PAID: RECEIVED Permit Application No. D. Project Personnel: Agent: Dx, Benr7 Anthony Fischer~ D.D.S. Name: 10725 U.S. #1, Sebastian, FL 32958 Address Phone Number: (772) 589-5-337 FAX Number: E-Maih Attorney: Name: Warren Dill, E~quire Address 1515 U.S. #1, Sebastian, FL 32958 Phone Number: ( 772) 589-I212 FAX Number: 722 )589 -5212 E-Maih Engineer: Name: Mr. Randy Mosby Address 2455 14th Avenue, Vero Beach, FL 32960 Phone Number: (772) 569-0035 FAX Number: ( 7 72 ) 778-3617 E-Mail: Surveyor: Name: Mr ' James Fewler Address 929 7th Avenue, Vero Beach, FL 32960 Phone Number:(772) 562-4-744 FAX Number: ( 772) E-Mail: I, DR. HENRY A. FISCHER, DDS, .... BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER__ 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION. ~HAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE TO O, 7/217 2003 SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PER~O~LLY KNOWN TO M~ OR PRODUCED AS IDENTIFICATION, THIS ~ ~ DAY OF ~~ , 20~. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: Doris 1 Grant MYCOMMISSION# DD101489 EXPIRES May 1, 2006 BONDED THEU TROY FAIN INSUEANL'% INC_ Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. Y'- THE OWNER(S) / __ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE City oJ: Sebastman BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/we HEREBY WAIVE ANY OBJECTION OR DEFENSL~MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND C/O_/NSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR SIGNATI~P~ -- DATE Sworn to and subscribed before me by who is personally known to me or produced '~s~dentification, this ~ ~ day of ~-T'L~ I.L.~ ,200_.~. Notary's Signature Printed Name of Notary Commission No./Expiration Seal: ....'~-~,.~.~j~z Doris :]. Grant -'~;.' ~iol~.: :.-_ MY COMMISSION # May 1, 2006DDI01489 EXPIRES ,,,,0,,;,,~;,, BONDED THRU TROY FAIN INSURANCE, INC Subject: Purchase of BodyArmor Agenda No. 0 ~. { f 0 Date Submitted: 08/14/2008 For Agenda off 08/27/03 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $12,192.00 N/A 4)- S~Y The police Department obtained a Federal Grant in the amount of $13,806.68 which represents 50% of the cost paid by the city since March of 1999, to purchase body armor for out'police officers. The grant has been made available to us to purchase more body armor. We request your approval to purchase 8 heavy duty bullet proof vests to protect our officers when they are knowingly exposing themselves to a high threat level such as when serving a high-risk arrest warrant. RECOMMENDED ACTION Move to approve the expenditure of $12,192.00 of the $13,806.68 Federal Grant to purchase 8 bulletproof vests from SRT supply. (State Contract #19-680-850-0) HOM[ O~ P~LIC~J~ [SL~ID City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Vacant Regular Member Position on Planning and Zoning Commission Al~roved,fo_.r'S ubm itt~l~y:..C~ty anage Ex~Tb~ts: al~cations, board member list, ad Agenda No. Dept. Origin: City Clerk Date Submitted: 8/18/03 For Agenda of: 8/27/03 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Due to Mr. Barrett's untimely passing, there is an unexpired regular member position on the Planning and Zoning Commission. Please remember that should Council appoint an alternate member to the regular member position, Council may fill that alternate position the same night with the submitted applications. Move to appoint May 1st, 2005. Fill alternate if necessary. RECOMMENDED ACTION to the regular member position that will expire HOME OF I=F.~C..AN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEF (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: HOME ADDRESS: HOME PHONE: {~,, :~',~)'/~d' ~' HOME FAX ,/,¢,~.; d"~;"-7, /_Cd ? E-MAIL: BUSINESS: ,-' .-'~:.~,.~ / ........ BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? / DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? HOW LONG? ~/,'.5. ,'3 /,~- ~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMt'FFEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: 'CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) IAPPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if ne. cos, sary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMI~EE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE,ON BOARD OR COMMIT'FEE: C ,. , ., ,- ... , . .~-~ , ~..~'~r'~c', ~t4~ - ,'~o. ~ ".'~',,¢~ - HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE?~ I hereby ced~ that'l am qualified to hold the position for which this application is made. Fu~her, I hereby autho~e the City of Sebastian to investigate the truthfulness of all info.etlon which I have provided in this application. I unde~tand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided w~h, read and understand City of Seba~ian Code of Ordinanc s So.ions 2-166 through 2-173 (aAached). Information relative to a specific board or commi~ee is ava fable if reque~ed. Applicant Sig~Ute Subscribed and sworn to before me this ~.~?'~-day as identifi~tion. N~ Cubli~, State of Florifla ' / ]l~;~ MY COMMISSION ~ ED 176603 II ~w~form~applicat.wpd II ~¢:~,~ EXPIRES: Ma~ 3, 2~7 of_ kn~toJme, or , ¢,.g/~("¢?, by has produced APPLICATION TO SERVE ON CITY BOARD/COMMITTEF ~ (All City Board and Committee Memt~ers Must be Residents of the City of Sebastian, NAME: NORMAN F. BLESSING HOME ADDRESS: 77q HflRT7flN TFRRA£E, HOME PHONE: (PART TTMF) NORMAN BUSINESS: rlFVFI rlPMFNT BUSINESS ADDRESS: 7 2 9 SFRAgTIAN; FI 32958-6525 589-1185 HOME FAX: 589-4125 E-MAIL: NONE Fo & MARY ANNE BLESSING T/A TF£HNfll 8RlFg ~ SERVICES HORIZON TERRACE, [O_L CO. SEBASTIAN, FL 32958-6525 BUSINESS PHONE: 589-6970 BUSINESS FAX: 589-4125 E-MAIL: NONE ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? YES HOWLONG? 7 YRS. DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ALTERNATE COMMISSIONER PLANNING & ZONING COMMISSION OF SEBASTIAN, FL (SINCE 6/0 DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHI CH BOARDS/COMMITTEES? NO PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1' 'CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2005) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMI'I-I'EE (permanent board) PLANNING AND ZONING COMMISSION (l~ermanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMFI-F'EE (if applicable) (WRITE IN COMMI"FTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REFER TO ATTACHED RESUME' REASONS FOR WANTING TO SERVE ON BOARD OR COMMFI-FEE: I'VE BEEN SERVING ON THIS COMMISSION AS AN ALTERNATE COMMISSIONER SINCE 6/02. I'D LIKE TO BECOME A PERMANENT COMMISSIONER. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? NO HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THI'S OR ANY STATE? NO WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? YES I hereby certify that'l am qualified to hold the position for which this application is made. Further, 1 hereby authorize the City of Sebastian to investigate the truthfulness of all information which t have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. . [~-"x, I have been provided with read and understand City of Sebasfia,fl Cod~ of 6;~in ~n/~SS~ions 2-166 through 2-173 (attached). information relative to a specific board or commi~ee/is .available if//ra IL~'t~[. Applicant Signature /~.-]_ __NO~~~MAJq Fv. BLESSING Sub.su"fi'~-~ and ,worn to bef_~ore me this by ,u¢.~_.~'*~ /T. z¢/~¢~.-;~?-/.~, , w~ · "~ ~"'.., .... ,,,,,, ~m~,, or ha, prod,,oed \wp-forrn~applicet.wp d rev. NORMAN F. BLESSING . -i~.:z OF CiTY 729 Horizon Terrace, Sebastian, FL~9~8,6525~t,~.~ .~. , r~'~ Phone: 772-589-1185 Fax: 772-58~;4125- PROFESSIONAL QUALIFICATIONS Extensive business background: * Created long-term strategic business plans; * Managed worldwide marketing strategies and sales organizations for a $40 million company; * Supervised t. be positions of General Sales Manager, International Sales Manager, Marketing Manager, Marketing Services Manager and Human Resources Manager; * Created sales for multiple products through diverse marketing techniques and channels of distribution; * Enhanced the sales and profit values of existing product lines; * Managed research and development of new products, services and markets; * Managed advertising and product promotions including trade exhibitions and sales training seminars; * Managed customer service and technical support functions; * Participated in negotiations with I.B.E.W. labor union; * Negotiated sale of .business unit to a third party and negotiated sale of my own company; * As entrepreneur, organized and built a $2 & $3 million .company; ~ Invented 2 proprietary products and applicable manufacturing processes. "The Blessing Electric Element Hanger" systems and "The Blessing Bi-metallic Fastener. Marketing and Sales Consultant to... Inspection ,:~ort Systems, Inc., Houston, TX 2002 to - Metamic, LLC~ Lakeland, FL 2002 to - Infotronix, Inc., West Chicago, IL. 2000- Member of the Board of Directors of... BFC Data, INQ, Hernning, Denmark 1990 to - Blessing Sales Company, Inc., Blackwood, NJ 1998 to - Blessing-Jacobsen International, Inc., Wilmington, MARKETING & SALES DE 1999 - Additional skills and achievements: + Created marketing and salesstrategies for small and medium sized firms; + Researched, identified and developed new products and new markets; + Created sales literature, pricing structures, sales promotions~ product catalogs and packaging for a variety of products and markets; + Coordinated and conducted regional, national and international sales meetings; + 'Reversed sales/profit decline of major product line.., restructured pricing and packaging increased sales 40 fold within first 12 months:., product line began positive profit contribution within first six months...recovered marketshare within second year; + Conceived the "systems" approach to a variety of markets within our industry...result was increased market share, unit volume and $ value and net profit per sale; + Managed multiple markets and products to create average gross margins of 46% for one firm; + Created a computer based "interactive" sales call-reporting and sales-managing system- called "SOAR"; + Established the first "AuthoriZed Service Center" network within our industry; + Traveled, developed and maintain extensive worldwide contacts; + As a salesman I always exceeded sales targets...named "Salesman of the Year" twice...named "Most Innovative Salesman'! twice...took sales territory from worst to first; + Established and trained Australian sales'organization; + As Regional Sales .Manager restructured Midwest Region and grew it into #1-sales region:..supervised 11-sales territories plus .office and warehouse staff of 5; + Recruited andmanaged an indepe~-~dentsales organization and created sales from industry oriented distd.butors.~ook company from smallest' in the industry to #2 in market share within 2-1/2 years...increased gross margins to + 40%. EXPERIENCE BLESSING SALES COMPANY .Owner...independent sales representative, 1992 to 1998 Represented 10 companies throughout the Northeast United States from North Carolina to Maine, selling insulation related products; Annual sales in 1998 totaled '$2.7 million; Sold company to my oldest son who continues to operate it along with one of his brothers, Jeff Blessing. ALPHA ENERGY SYSTEMS, INC. (successor to Edco Fastening Systems) Delran, NJ $40 million manufacturer of multi-product industrial hardware and equipment: Vice President of Marketing and Sales, 1989 to 1992 *Managed insulated products division with factories in Moorestown, NJ and Houston, TX; *Recruited and supervised a team .of independent sales agents to penetrate the insulation industry's network of Distributors and establish a mutually profitable relationship; *Created the industry's first successful "Authorized Service Centers" -network in North America; *Regained lost market share for insulation-related products operations within first 12 months; *ERICO went into self-liquidation. I was managing their only sellable and viable operations...a $8.5 mittion business-unit was for sale... I sought .buyers, participated in negotiations for the sale of this business unit...when sold ! transferred to the new firm, Alpha Energy and assumed P & L responsibility for the new company. GEMCO, INC., Danville, IL $4 million 'manufacturer of 'multi,product insulation related hardware. Vice President - Marketing and Sales 1986 to 1989 * Served as a member of Board of Directors, was 2nd largest shareholder. * Created new name for company, new industry image, new product line and sales literature, new packaging of products and a new way to sell our products; * Managed all marketing and sales functions for this small company ...increased sales from $700K to .$3.8 million.per year. BLESSING FASTENING SYSTEMS, INC., Cherry Hill, NJ $2 million manufacturer of multi-product high-ternper~ure-fasteners. President, 1978 to 1986 * Created niche-focused manufacturing firm to exptoit a very small market-segment; '* Full P & L responsibility-for start-up company...sought and developed relationships and financing with area banks and with govemmental agencies; * Personally created .all sales; -* Supervised MamCactufirg OperationsManager, Purcha~ Agent and an office/plant staff of ~ 4; * Invented and marketed 2 proprietary products...the "Blessing" electric element hanger...and, bimetallic fasteners; -* Negotiated'sale of company to Gemco, Inc. KSM Division of OMARKINDUSTRIES, INC., Portland, OR $40 million division of a consumer/industrial multi-product, multi-market conglomerate. Director of Marketing- Worldwide 1964.to 1978 * Managed worldwide marketing -and sales strategies and performance....achieved #2 market share position with gross margins averaging 46%; * Guided division.from an engineering orientation to a marketing organization; * Managed the supervision and training of a 200+ member marketing and sales team...7 regional offices and warehouses in USA...8 sales offices attached to manufacturing operations in Australia, Belgium, Brazit, Japan and the L~...managed-sales offices in Mexico, Norway~ South Afr~ Swede~, Israel, Jran,.Hong Kong Singapore and the Philippines; of the Nominating Committee_.2 terms as member o4 Presbytery of West Jersey Council... 1 term as Chair of the Audit Committee for Westminster Presbyterian Church, Vero Beach, FL; Alternate Commissioner-City of Sebastian Planning & Zoning Commission ..... since June~ 2002; Enjoy camping, ~traveling, reading, music and art .... and love spending time with my-[amily. HOME OF PF.~C.A~ ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: G i~ G (-'O~0 U,,E,~ HOME ADDRESS: HOME PHONE: ..~*~'" ~'~ ~'~' HOME FAX: E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CI~ BOARD OR COMMI~EE? WHICH BOARDS/COMMI~EES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: 'CHARTER REVIEW COMMITTEE (serves only 6 months eve8/ 7 years - meets next in 2000) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) · ¢J.,. PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) ~TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMFilI'EE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that'l am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian te investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission ef information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information retative to a specific beard or committee is available if requested. Appticant'~igrt~ture has produced (..~dx~/dM~'--~. , who is .personally known ~o re.e, or N~cy Public, State of FtSrifla kw~form~applicat.wpd .... rev. 5/2002 ~ E ¢, E'I 'V E D · 3' : 37 SE ..... ' :'i;Z OF 0tTY 0LEEE QTtOf fir 9 31 APPLICATION TO SERVE ON CITY BOARD/COMMITTEF (All City Board and Committee Members Must be Residents of the City of Sebastian) HOME ADDRESS: 5"--',.¢.~4.~' Z-,d,-,' /L<(.,. ~ A<.~ .2"--- 4_ E-MAIL: BUSINESS: ,//~.,~ BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? HOW LONG'?. DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ 'CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next m 20083 CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable) ~/ ~/-~__~__.~ (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMI~EE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI~EE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that'l am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of ali information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of.Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). information relative to a specific board or comm.~ee is available if re~ested. Applicant Signature Subscribed and sworn to before me this I1*h-' ]L"Z. I-~ OV'~r ~ ]-i (.(~t~'~¢-- as identification. ~wp-form~ppiicat.wpd rev. 5/2002 ~. ~ '. ;~;~ _~ , (.,~, by or has produced APPLICATION TO SERVE ON CITY BOARD/COMMITTEF (All City Board and Committee Members Must be Residents of the City of Sebastian) HOME ADDRESS: ~-'~z'~ ~',~ ~\ 3~ HOME PHONE: %~ ~1 - ~.~t ~ L~ HOME FAX: BUSINESS PHONE: %b~.]]]~ BUSINESS FAX: '-3'2,3-t.3~1--I E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ye_% · HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ~ o. PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) ~G AND ZONING C©MMISS~ION (permanent board) POLICE RETIREM:E~T,-8OAR, D,,OF 7[;'RUSTEES (permane, nt statutory board) PARKS & RECREATION ADVISORY COMMlTTEEit'emp~rary) TREE & LANDSCAPE ADVISORY BOARD (permanent bO'ard) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) PPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~,,o. WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify thatl am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is avaiia~J~4~ted. ^ppucan~ g Subscribed an,d sworn to before me this 6''t'/'''~ day of /'~'r[~ , '~)C)"~, by '~O~'-~)~'(!,: C?~)~'"~/i'~ _ , , who is personally known to me, or has produced Notary Public, State of FI0~rida \wp-form\applicat,wpd rev. 5/2002 Notary Public- State of Florida '--".:Z OF OlTY HOME OF pr~tCAN ISI.~'D APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: A LAt,~ ~c~::SH-N HOME ADDRESS: ~o~ ~~A~T HOME PHONE: ~8~- ~8~ ~ HOME FAX: E-MAIL:~R BUSINESS ADDRESS: ~L~ DL}~ ~ BUSINESS PHONE: ~~65~ BUSINESS F~: ~8~-- 8~Z E-MAIL: ~RE YOU A RESIDENT OF THE Cl~ OF SEBASTIAN? ~E % HOW LONG? ~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~0 DO YOU PRESENTLY SERVE ON ANY OTHER CI~ BOARD OR COMMI~EE? ¢0 WHICH BOARDSICOMMI~EES? ~~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING ¢1: 'CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2005) CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (perrnanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMI'FFEE (if applicable), (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~O WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? WE .~ I hereby certify that'l am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification, 1 have been l~rovided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is.available if requested. //~__/~/C~---~' kO/~;Z-~-¢-/~¢ , who is personally known tO Cra)e, or ha-~ produced .~c~j Expires Mamfl 6, 2007 \wp-form\appiicatwpd rev. 5/2002 August 12, 2003 Sirs, I am interested in serving on the City of Sebastian planning and zoning commission because I would like to help the town and be involved in its future. My business does not require much of my time and at 56 years old I still have a lot of energy. My wife Christina and I have been coming to Sebastian since her parents moved here in 1978. We have owned several homes in Florida, built one and are currently constructing our retirement home in Collier Creek. We like the way the town looks and we like the way it feels. I realize that growth is inevitable, however I feel it is possible to maintain the small town character of this place and would work to do so. I believe my business and personal experience as well as my ability to work effectively with individuals that have diverse interests and goals will enable me to do a good job for the city. Sincerely, Alan Forster ALAN J. FORSTER 648 Durant St Sebastian, FL 32958 772-581-2842 Experience 1981 - present: Vacuum Resources Founder/President I established this specialty executive search firm, to locate senior executives, engineers, scientists, technicians, and sales/marketing professionals for technology driven companies throughout the world. I've worked successfully with Fomme 100 companies that have enormous resources and the prestige to attract high caliber employees, as well as small 10 person outfits that have limited means. I work with senior management to solve hiring problems including relocation and compensation package issues. I mn usually the person that packages the job offer and gets the parties to an agreement. I have handled hundreds of successful negotiations. Vacuum Science and Technology is our specialty and from 1981 to 2001 I published monthly career newsletters which were read by over 80% of the individuals and companies involved in this unique technology. In 2001 I established www. VacuumResources.com as the premier website for career opportunities in the Vacumn, Thin Film and Semiconductor Industry. I do not publish the newsletters anymore, this activity is covered by the website. The company is now pretty much an e-commerce business. 1978- 1981 Bowl & Board Franchise/Owner Established from the ground up 3 independent retail stores, (FL-NC-MA) selling a diverse line of wooden products from around the world. 1970- 1978 Health Bars International Founder/Owner Ran two food service concessions connected to hotels in the Miami area. Education AA - Miami Dade CC Marketing - Florida International University APPLICATION TO SERVE ON CITY BOARDICOMMITTEF (All City Board and Committee Meml~ers Must be Residents of the City of Sebastian) NAME: HOME ADDRESS: HOME PHONE: HOME FAX: E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? t(~o5 HOW LONG? ~',.f~,z DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~ 0 DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? i4 o PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ 'CHARTER REVIEW COMMITTEE (serves only 6 months every 7 year~ . meets next in 2006) CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMI'i-I'EE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable). (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI'FFEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~Z) WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? q,,~ ~, I hereby certify that'l am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached,. Information relative to a specific board or c°Tm~ee!/t ~'~..~..~is ava~ab, ie~__~ ~ 4'i!'re~uested'.__ f Subscribed and sworn to before me this ~'Y~t_ day of /~./~:¢~.~'~ ,' '. 2 ~(/~k~? /~,, Kr/J~/-~¢'' , who is personally known to.,Jme, or has produced NCry PuPlic. State o \wp-form\applicat.wpd rev. 5~'2002 HOME OF PELICAN APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) HOME ADDRESS: HOME PHONE: ~'~Z¢ ('~-/z~.(¢ HOME FAX: E-MAIL: BUSINESS: ~,.~ BUSINESS ADDRESS: I O ~00 ~c9 '~ BUSINESS PHONE: j~'7.~¢'¢ ~¢~¢J(¢ ~ BUSINESS FAX~-'"~_¢ ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~d'~ HOW LONG? ,z../~'r'~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMI'I-I'EE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable), (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMI'I-FEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~O WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? 'y/c~ ~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Se~r)/Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative ,oa specific board or cor~mitte~Ls available if request~l. A15plicant Signature ~ a /,.- - . , ~ ~ '~ ~ ¢ ' ~ . . . ,t~ ~ublic, State of FIodd~ \wp-form\applicat.wpd rev. 5~2002 ~*: :*= MY COMMISSION # DD 089531 :'~' :~ EXPIRES: March 18, 2006 1[ ~,o,~:,~,,,' Bonded Thru Notary Public Underwriters HOME OF PIEUC.~I ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEF (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: HOME ADDRESS: HOMEPHONE: ~'~- ~--~3Cl HOMEFAX: ~'-~9'- ~')37E-MAIL: BUS NESS: '7'--A '7-,4 BUSINESS ADDRESS: '~ ~'"/ '~-,q d.¢~..~ ~d--'~ '.~ BUSINESS PHONE: ~'~ "~- .2. '7 ?'7 BUSINESS FAX: .~'~ - ~-/']3'7 E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ,,._/e~ HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? 3/o DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? jr-f PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1' __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMI'FFEE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMn-FEE (if applicable) (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) · ~i. ~ [2;~,~1 E~ F~ C,Ce.,t .~ REASONS FOR WANTING TO SERVE ON BOARD OR COMMI'FI'EE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS ORANY STATE? /~ 0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. Subscribed and sworn to before Ja~ Public, State of Florida I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available if requested. Applicant~jSi~n atu ~'e who is personally known to me, or has Broduced me as identification. \wp-form~applicat.wpd rev. 5~2002 HOME. OF PF..~,,~...AN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All Sit? Board and Committee MemDers Must be Residents of the City of Sebastian) NAME: 5. ,t~ J..- HOME ADDRESS: HOME PHONE: HOME FAX: E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? /~/~ HOW LONG? You DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING ¢1: /'CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2005) CITIZENS BUDGET' REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) ~CONSTRUCTION BOARD (permanent board) ,/' HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) ¢/ PLANNING AND ZONING COMMISSION (permanent board) F~OLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent boar(I.) ,_ 'OTHER TEMPORARY COMMITTEE (if applicable), 'IL.,~,~/~/~ ~-~,¢3//J./~- ~;~;,'~'2 / (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASON,~ FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI~ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STAT~? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that'l am qualified to hold the position for which this application is made. Further, 1 hereby authorize the City of Sebastian to investigate the truthfulness of alt information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances ~ections 2-166 through 2-173 (attached). Information relative to a specific board or committ,~!'e i~availabje if re~estj~.~ //2' . /'Applicant Signature Subscribed and sworn to before me this day of ...... by , who is personally known to me, or has produced as identi~cation. Notary Public, State of FIoricts \wp-form~applicat.wpd rev. 5/2082 SEBASTIAN HOME OF P~.LICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: '~,¢ :,¢'/~--d HOME ADDRESS: ...C'?.? ~/ ~/~,,,,,7z --/2' 2z HOME PHONE: 77Z -Z~o~-.273-7 HOME FAX: 77z-~f~J'/-o~/ZZ, E-MAIL: 0~.~ z~,~ BUSINESS: BUSINESS ADDRESS: BUSINESS PHONEd;'~7'/?~%%/ BUSINESS FAX: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ,4/O HOW LONG? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: ~ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2005) I CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) ~ CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) ~ HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) 2. PLANNING AND ZONING COMMISSION (permanent board) ~ POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) ~ PARKS & RECREATION ADVISORY COMMITTEE (temporary) ,-- TREE & LANDSCAPE ADVISORY BOARD (permanent board) -- OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) PPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ,4/,~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ,.Ca I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). information relative to a specific board or committee is available ifj'eo~,sted. ^ I pp ica--rff--Signature -~ Subscribed and sworn to before me this · of ,~i¢'~.~'.~z.~.,~ , F~OO~ by '~"O~//1 /'"/* O d.t/~ , who is personally known to-- tme, or has produced' t~(- ~ (., 0 D, 21.0 ~(., ,~' (~0 0 ~/0 as identification. Nota"ry Public, State of Florida \wp-form',applicat.wpd rev. 5~2002 I...--";~"{~'::;~_ MY COMMISSION # CC 895922 Ii .= ,:, l['$,~¢-.f.~ EXPIRES: December 15, 2003 Ii JOHN H. OAKES 593 Birch Court Sebastian, FL 32958 HOME (772) 388-2957 CELL (772) 538-0485 Oakesjohn 7~aol. corn WORK EXPERIENCE SEBASTIAN RIVER MEDICAL CENTER OCT. 8 2002 - Present SEBASTIAN, FL EMT/EKG Technician - Cardio/Pulmonary Department Administer ECG's for patients in the Emergency Room, Intensive Care Unit, Recovery Room, Ambulatory Dept., Med Surg Dept., Progressive Care Unit and Diagnostic Center. Respond to Codes as is needed within the hospital. HEADWAY CORPORATE STAFF ADMINISTRATION NOV. 2001 - January 2002 NEW YORK, NY Mortgage Contract Underwriter for G. E. Mortgage Insurance Assess risk of mortgage loan applications approving or denying the application per Investor guidelines. CENTRAL CAROLiNA BANK & TRUST SEPT. 1999 - NOV. 2000 DURHAM, NC (lost my job due to a merger) Mortgage Loan Consultant - Mortgage Direct Department Consulted and originated mortgage loans for bank customers referred by bank branch personnel. Conventional, Jumbo, VA, FHA & Non-Conforming loans. Supervised processing and consulted with underwriting to ensure accurate and saleable loans to secondary market. Cross sold and/or referred other bank products to customers. HOMEVEST MORTAGE CORPORATION FEB. 1999 - AUG. 1999 RALEIGH, NC (company went out of business) Branch Manager Supervised processing staffand loan officers. Originated Conventional, Jumbo and Non- Conforming mortgage loans. Solicited Builders, Realtors and Individual consumers for purchase and ref'mance loans. REGIONS BANK FINANCIAL CORPORATION NOV. 1997 - DEC. 1998 ALPHARETTA, GA (lost my job due to a merger) Account Executive (for the state of North Carolina) Solicited Correspondent Lenders, Credit Unions and Brokers for their non-conforming and construction mortgage loans to maintain and develop new business. Introduced and explained all loan programs. I was the liaison between correspondents and internal departments, maintained monthly sales quota. CONSOLIDATED MTG. & FINANCIAL SERVICES MARCH 1996 - OCT 1997 CARY, NC Loan Officer Identified mortgage loan programs for prospective customers that phoned into our centralized call center requesting home equity loans or refinance. Facilitated the origination and assisted with processing the loan. Reviewed the closing and funding of the loan package. From February thru November of 2002 [ was a student at Flight Safety Academy pursuing a career as a Commercial Pilot enrolled in the schools "fast tract" program to the Airlines. Due to the tragic events that took place on September 1 lth of 2001 and the impact that it took on the airline industry economically this program was discontinued. I made the decision to discontinue my pilot training. I withdrew bom Flight Safety Academy in November 2001. APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of tl~e City of Sebastian) NAME: HOME FAX: E'MAI LLT~.~ ¢~ 5 BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? . IDO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES. ~ ~.~7~ ~ _ PLEASE GHEGK THE BOARDS FOR WHIGH YOU ARE INTERESTED IN SERVING IN P ....E, ,ENC~ RST CHOICE BEING ¢~' ORDEROF ~= m ~ =WITHF! . . __ 'CHARTER REVIEW COMMIT'FEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMt'I-I'EE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable), ('WRITE IN COMMITTEE NAME) APPLICABLE EDU~AT~N AND/OR E,XPERIENCE: (attach separ.ate resume if necessary) REASONS FOR WANTING 'FO SERVE, ON BOARD OR COMMITTEE: . ¢ . LIST ANY~DDITIONAL QUALIFICATIONS TO SBRV~N BOARD ~ COMMI~EB: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MO~L TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER/,SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ¢~¢'/~' I hereby certify that'l am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Cede of Ordinances Sections 2-166 through 2-173 Applicant Signature ' / ,~" Subscrib.,ed and ,.swor~) to t m ~ ¢ "-,./~' . , ~ta~ pub~State of Florida \wp-ferm\applicat.wpd ~¢',~"..~ rev. 512002 ';',R~ ,," Sally A. Maio MYCOMMISSION # DDGl'I55 EXPIRES October 5, 2006 BONDED THRU TROY FAIN INSURANCE, INC HOM£ OF PELICAN GLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEF (All City Board and Committee Members Must be Residents of the City of Sebastian) HOME ADDRESS: ~0 ? ,~ ~ I.j.~V ~: ~ F HOME PHONE: ~'~'_ Cz~OZ.~ HOME FAX: _5__,~/0- ,~',7,9',¢rc° E-MAIL: BUSINESS PHONE: ~.-&~ BUSINESS ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?/_,.~ E-MAI L: HOW LONG?~./~' y~5, DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITifY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ecl> ~_~. ~,,v'.-~ ,,"C e n.~e,.,-~ ~¢~ ¢¢¢~:~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1' 'CHARTER REVIEW COMMITTEE (serves only 6 months every 7 year~ - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD Ooerrnanentboard) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMI'f-FEE (if applicable) (WRITE IN COMMITTEE NAME) ~mllCABL= EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TOz SERVE ON BOARD OR COMMI~EE: i HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?/~o'. J HAVE YOU EVEN BEEN CONVICTED OF AI'/IY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~ 0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? /~'IA I hereby certify that'l am qualified to hold the position for which this application is made. Further, I hereby author~e the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. understand City of S~ebastian Code o¢ Ordin~ances Sections ~.-i66 through 2-173 (attached).l have been lnformationPr°vided with,relativeread toanda specific board or c~n mittee is availaJ61e if ~qu~ested. Applicant Signature c/~ubscdb.ed and ~sw~13 to before me this ~/~ ~ day Public, ~t~f ~io~id \wp-form~appiicat.wpd rev. 5~'2002 known to me, or has produced I/~:."~/~"~' MY COMMISSION # DD 081347 /I HOM[ OF PELICAN ISL.AN~ APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: Gilbert J. Swiger HOME ADDRESS: 667 Wallis Avenue Sebastian, FL 32958 HOME PHONE: 589-2831 HOME FAX: N/A E-MAIL: N/A BUSINESS: Sebastian Realty, Inc. BUSINESS ADDRESS: 1329 U.S. 81 BUSINESS PHONE: Sebastian. F~ 32958 589-3111 BUSINESS FAX: 589-3885 E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Yes HOW LONG? 29 yr. DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? No DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? No WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1' ,'/ X __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) life in general - business in general - most in the City of Sebastian REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: keep Sebastian the beautiful City it is. Maintain the quality of life style developed over the years LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: public minded - past Chairman Sebastian Airport Con~ittee HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? No HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? No WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? possibly I hereby certify that I am qualified to hold the position for which this application is made· Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committe~e is av~ailab~ed. · ~,pplicant Signature Subscribed and sworn to before me this-,z~d'~' day of ~":'yO:~'./:Of~,~-, ~-'(__u~)../, by (~j~,~ %C,)'r'C/' , who ,s personally known to me,C/or has produced Nota~ Public, St~of Fto(ida \wp-form~applicat.wpd rev. 5~2002 HOME OF ' PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (Ail City Board and Committee Members Must be Residents of the City of Sebastian) NAME: ¢/' , ~..~""-o~ HOME ADDRESS: //'~ ~ {~/~ HOME PHONE: ?'22 ' S~ff' o(~ HOME FAX://~- E-MAIL: BUSINESS ADDRESS: ~5~~ ~_,¢~,., D,< BUSINESS PHONE:'?~g ~ '~' "~/.:~/~;[~2 BUSINESS FAX: 2~/' YF 2~ E-MAIL: ARE YOU A RESIDENT OF THE CI~ OF SEBASTIAN? ~/g~ HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? A/O CT... O. WHICH BOARDS/COMMI~EES? · PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ 'CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (pen'nanent board) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMI'T'TEE (if applicable) (WRITE IN COMMITTEE NAME) PPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR W~,ANTING TO SERyE ON BgARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? /~//¢..L~f I hereby certify that'l am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been prov dod with read and understand City of Sebastian Code of ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee ' i b.~' if r.e~f'uested. ^p¢ca.t Subscribed and sworn to before me this day of ,:~LL.~~, ~-~--'-~ , Y , who is personally k~-~=~=~, or has produced \wp-form\applicat.wpd rev, 5/2002 SCOTT TAYLOR PERSONAL S~RY OF EDUCATION & QUALIFICATIONS WORK RELATED EXPERIENCE PROFESSIONAL AFFILIATIONS 1999 1987- Dme 1988 - Dme t989 - Dme 1990 - 1994 1982 - 1993 1979 - 1982 1999-- D~e ~v0~ - Date 1996 - 1998 I988 - 1996 t9o/- 1993 i979 - 1987 1973 - 1993 117 Arcadia Drive Sebastian, FL 32958 (772) 589-0123 Married Two Children DOB t2-12-52 AS Degree - Indian River Community College Facilities Management - Building Construction Technology Florida State Certified Building Contractor Florida State Life & Health Insurance License Series 6, 63, & 26 Securities Licenses Florida Licensed Mortgage Broker Florida Licensed Real Estate Broker Florida Licensed Realtor-Associate Banov Architecture & Construction, Inc. Veto Beach, FL Project Manager Legacy One Inc. - Building Contractors Sebastian, FL Pres. / Project Manager Securities Arbitration Specialists, Inc. Vero Beach, FL Vice President Operations Primerica Financial Services Vero Beach, FL Regional Vice President Castle Properties Inc. Lighthouse Point, FL Broker / Owner Realtor Associate / Real Estate Broker Pompano Beach, FL Construction sub-contractor Various projects Dade, Broward, & Pahn Beach Counties National Association of Home Builders Florida Home Builders Association Sebastian Construction Board Member PLANNING & ZONING COMMISSION 3 YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY CURRENT TERMS ADDRESS STATUS COMPLE [MOST RECENT HISTORY TED FIRST] Emil Svatik, Jr. Took Kelly Mather Regular Term to expire Is in 2nd 350 Watercrest Street Member Position 10/24/2001 11/1/2004 regular Sebastian, FL 32958 member 388-5453 year Term to expire Took Clarence Barton 11/1/2001 Unexpired Alternate Member Position 5/23/2001 Lisanne Monier Is in l~t Took Jean Vesia Regular Term to expire regular 1125 U.S. Highway I Member Position 3/27/2002 4/1/2005 Sebastian, FL 32958 member 581-2626 Reappointed Alternate Member Term to expire year 1/23/2002 1/1/2005 Took Verge unexpired alternate Term to expire member position 8/8/2001 1/1/2002 Charles C. Barrett, Jr. Reappointed to Regular Term to expire Served 357 Tunison Lane 5/1/2005 one full Member Position 4/24/2002 Sebastian, FL 32958 Term to expire term 589-7755 Reappointed to Regular 5/1/2002 Position Member Position 4/24/99 vacant Took Fischer Unexpired Term to expire due to Regular 5/1/1999 untimely Member Position 1/27/99 death William Mahoney Reappointed Regular Member Term to expire Served 207 Delaware Avenue 2/13/2002 2/1/2005 one full Sebastian, FL 32958 term 589-8524 Took Pliska Regular Member Term to expire 2/1/2002 Position 1/12/2000 Term to expire Took Shirley Kilkelly Alternate 11/1/2001 Member Position 11/18/98 85 Richard S. Smith o Reappointed to 3 year term Term to expire Served Chairman 5/2003 6/1/2006 one full 787 Carnation Drive term Term to Expire: Sebastian, FL 32958 Took Gerhold Regular Member 388-6142 Position 7/26/2000 6/1/2003 Took Mahoney Alternate Member Position 2/23/2000 Term to expire 11/1/2001 Harold E. Faille Took Shed Reichert Unexpired Term to expire 933 Oswego Avenue Regular Member Position 11/3/02 6/1/2004 Sebastian, FL 32958 388-9891 Andrew AIIocco Took Gene Rauth's Unexpired Term to 1485 Barber Street Regular Member Position expire Sebastian, FL 32958 2/12/2003 11/1/2005 388-3188 Took Harold Faille's Unexpired Term to Alternate Member Position expire 11/3/02 1/1/2005 Norman Blessing Took Sheri Reichert's Term to 729 Horizon Terrace Unexpired Alternate Member expire Sebastian, Florida Position 6/12/2002 11/1/2004 32958 589-1185 Daniel Keough Took ~ unexp re(] Term to 160 Day Drive Alternate Member Position exlaire Sebastian, FL 32958 8/13/03 1/'f/2005 589-0070 Staff Liaison - Growth Managem~L~t Director Board Secretary - Susan Lorusso ' 86 July 31, 2003 PRESS RELEASE PLANNING AND ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING POSITION ON THE COMMISSION: AN UNEXPIRED REGULAR MEMBER POSITION THAT WILL EXPIRE 5/2005 QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN. THIS COMMISSION MEETS ON MEETS 1 ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM AND WILL BE ACCEPTED THROUGH WEDNESDAY, 8/20/03. PLEASE NOTE THAT SHOULD COUNCIL CHOOSE AN ALTERNATE MEMBER TO FILL THIS POSITION, COUNCIL HAS THE AUTHORITY TO FILL THAT ALTERNATE POSITION USING THE SUBMITTED APPLICATIONS AT THE SAME COUNCIL MEETING. MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Orange Peel Enterprises, Inc. Lease Cancellation , ~Approved fo~ Submittal by: Agenda No. {~/~, /oG/ Department Origin: Dept. Finance: ~..._~,: ~: ~ .... General Services: Date Submitted: 8/20/2003 For Agenda of: 8/27/03 Exhibits: (2) Airport Lease Agreement between Orange Peel Enterprises, Inc. and City of Sebastian; Amendment One to Airport Lease EXPENDITURE REQUIRED: $ n/a AMOUNT BUDGETED: $ n/a APPROPRIATION REQUIRED: $ n/a SUMMARY In May of 2000, the' City of Sebastian entered into an Airport Lease Agreement with Orange Peel Enterprises, Inc. dba Greens+. The lease provided for five acres of airport property to be developed into a distribution center by Greens+. During the following year, economic conditions, coupled with the effects of the September l lth tragedy, prevented Greens+ from beginning their project as they had originally anticipated. They had requested a lease modification allowing for an additional twelve months to complete the construction of their facility. The extension was approved by Council early last year. According to this modification, their facility would have to be complete by January 10, 2004, and/or upon which time, rent payments would begin. In addition, the Airport Enterprise Fund would be reimbursed for all expenditures associated with this project. Staff recently contacted Greens+ to get an update on their progress and/or their intentions of beginning construction, as there has been no apparent activity on the site since the original lease was signed in May of 2000. During a subsequent meeting with representatives from Greens+ on July 23, 2003, staff learned that the company was financially unable to begin construction for at least several years, nor was it able to begin lease payments on the property at the end of the twelve-month extension period. Due to the fact that they did reimburse the airport for all related expenditures under the lease modification, it was decided by both parties that the best and most amicable course of action would be to terminate the lease agreement. Airport staff and representatives from Orange Peel Enterprises, Inc. will be present at the August 27, 2003, regularly scheduled meeting, should you have any questions or concerns. RECOMMENDATION Move to authorize staff to terminate the Airport Lease Agreement between the City of Sebastian and Orange Peel Enterprises, Inc. AIRPORT LEASE THIS LEASE, made and entered into this I~h day of July, 2001, by and between the CITY O~F SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and Orange Peel Enterprises, Inc. (hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties". WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of indian River, Florida; and WHEREAS, the certain property constitutes a portion of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the certain property is available for industrial use for those activities consistent with or in support of aviation activity; and Wt-IEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; NOW, THEREFOR_E, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. RECITALS. The above stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly as a tract with an area of five acres, more or less, located on the southeast corner of Roseland Road and Airport Drive West with five hundred thirty-two feet (532') of frontage on Roseland Road, with a southern boundary running more or less perpendicular to the right-of-way of said Roseland Road to the point at which said boundary intersects with the right-of-way line for the southward extension of Airport Drive West.. As part of the current project to update the Airport Master Plan, Landlord shall commission a survey of the premises described above, which surveyed lands shall constitute the actual Leased Premises, and a copy of said survey shall be attached hereto as an Addendum. 3. TERM OF LEASE. The initial term of this Lease shall be for a period of thir~ (30) years commencing July 10, 2001, and will end on the thirtieth (30th) anniversary of such date. However, during the first six months of the term, or until Tenant obtains a building permit for improvements upon the Leased Premises, Tenant may terminate the lease herein upon written notice. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) For the leased premises the yearly rent shall be nine cents ($.09) per square foot as determined by the survey of the Leased Premises The parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In June of 2005, the Landlord will compare the most recent price index with the base price index for June 2000, and the yearly rent amount shall be increased based upon changes in the price index, if appropriate, on July 10, 2005. Another such adjustment shall be undertaken under the stone methodology every fifth year thereafter until the termination or lapse of this lease. Notwithstanding the above provisions, no single such adjustment shall exceed ten percent (10%) of the annual rent in place over the previous five years. In no event, however, shall the rent decrease below the square footage pr/ce of nine cents. (b) The above rental for the leased premises shall be payable in advance, in quarterly installments, commencing from the date of commencement of this Lease, as described in Section 3 (above) and on a like day of every quarter thereafter during the term of this Lease. However, rent shall be abated during the first eighteen months of the term until a certificate of occupancy is granted for structural improvements to the site by Tenant. Upon issuance of said certificate of occupancy, a prorated amount of the installment for the then current quarter shall be paid. (c) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (d) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. 5. RENEWAL. During the twenty-sixth year of the term, unless waived in writing by Tenant, Landlord shall commission a certified real estate appraiser to place a valuation on the Leased Premises, including all improvements thereupon except those constructed by Tenant after the fn-st twenty years of the term of this lease, and establish a rental value for the same. Within sixty days after delivery to Tenant of the appraisal, Tenant may exercise either of the following options: A. Accept the rent valuation therein and offer in writing to enter a nonassignable, nonrenewable lease extension agreement for up to tkirty additional years in accordance with the terms herein except applying the new base rental amount; B. Give notice of its intent to commission a second appraisal by a certified real estate appraiser. 1. If said appraisal resuks in a rental valuation within ten percent (10%) of the initial appraisal, the figures shall be averaged. 2. If a disparity of greater than ten percent (10%) results, the respective appraisers shall confer and attempt to negotiate a compromise valuation. 3. Ii'no compromise results, said appraisers shall jointly submit the name of a qualified appraiser to the parties who shall then jointly commission an appraisal therefrom. Said appraisal value will be used as the relevant figure if it falls between the values of the first two appraisals. If'the value thereof falls outside the range of the first two appraisals, the relevant value shall be derived from averaging the three appraisals. Within thirty days of establishment of a rental value as set forth above, Tenant may exercise either option contained in subparagraphs A and C. C. Give notice of its intent to allow the lease to expire at the end of term. Ii'Landlord does not accept an offer to enter into a renewed lease, the lease shall expire at the end of the thirty year term and, at said expiration, Landlord shall pay Tenant the fair market value of the imprOvements constructed upon the Leased Premises as established in the appraisal required above. 6. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the primary purposes of constructing a packaging and distribution center, and that in order to utilize the leased premises for this purpose, it will be necessary to construct improvements upon the leased premises. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 7 hereof, and shall have the right to construct upon the leased premises any buildings or other structures, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration ("FAA"). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such buildings or structures. 7. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawT-ul authorities having jurisdiction over the leased premises. The Tenant agrees that the leased premises shall be used by the Tenant primarily for the purposes of constructing and operating a packaging, warehousing and/or distribution center. Any use of the leased premises other than those specifically stated above are expressly prohibited without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. 8. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parking and service areas located on the leased premises in a good state of maintenance and repair and to keep the leased pre~rfises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises be kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may not be unreasonably withheld, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 9. UTILITIF~S. Electrical service is available in the vicinity of the Leased Premises. Landlord shall be responsible for and fund extension of water and sewer hnes along the right- of-way of Roseland Road adjacent to the Leased Premises. The Tenant shall be responsible for and fund connection of its improvements to the utility systems. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the interruption of any such services or utilities. 10. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 11. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefor shall be provided to the Landlord upon request. 12. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive public liability insurance coverage with respect to the leased premises, including those portions of the said premises used for driveways, walkways, and parking areas. The insurance coverage to be maintained by the Tenant shall contain limits of not less than $500,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Council of the City of Sebastian. Landlord will give written notice of any such change to Tenant, and such changes will rake effect immediately. 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. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described' in this Paragraph 12 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. 13. PROPERTY, FIRE AND EXTENDED COVERAGE 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 equivalent to at a minimum the greater of the assessed value of the improvements to the Leased Premises or any outstanding encumbrances for said improvements. Upon request, the Tenant shall provide to the Landlord prove as to 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. All policies described in this Paragraph 13 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. lzi. DAMAGE OR DESTRUCTION OF IMPROVerS BY FIRE OR OTI~R CASUALTY. In the event the building and/or other improvements erected on the premises are suffers less than 50% damage by fire or other casualty, the Tenant agrees that it will cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord shall abate or prorate the Tenant's rent for any period of time up to one year for any portion of the principal building that is unusable. In the event the building and/or other improvements erected on the premises are destroyed or suffers more than 50% damage by fire or other casualty, the Tenant shall have the option to ekher cause said improvements to be replaced or repaired, continue with the lease without restoring the damaged improvement, or terminate the lease. In the event the Tenant elects to repair and/or replace the building and other improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage nor shall the Landlord have any responsibility or obligation to make any expenditures toward the restoration of the improvements on the leased premises. Provided, however, that all restored improvements are repaired/replaced in a manner equal to or better than the improvement being restored. If the Tenant, under its option, elects not to restore the damaged improvements upon the leased premises, the Tenant shall remove all remaining portions of the damaged improvements and all rubble or debris resulting therefrom. After payment of clearing expenses, and of any mortgage attached to and occasioned by construction of said damaged/destroyed improvements, Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord. 15. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased pre~rdses by tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims, excluding the intentional or negligent acts of the Landlord and its employees. This Paragraph 15 shall survive the termination or cancellation of the Lease. 16. ENVIRO~~ MATTERS. It is agreed that Tenant will pay for a Level I environmental assessment of the premises prior to construction. In the event that said assessment reveals conditions which mandate a Level I1 or further assessment, payment for such further studies shall be the responsibility of the Landlord. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from · and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of any hazardous or toxic materials, substances, pollutants, contaminants, petroleum produc~s, hydrocarbons or wastes being located on the property and being caused by the Tenant or its sub-Tenants. This Paragraph 16 shall survive the termination or cancellation of the Lease. 17. PREVENTION OF USE OF TH~ PREMISES. If, after the effective date of th/s Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section Seven of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Tenant may terminate this Lease by ~ving Landlord fifteen days notice in writing. 18. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, building and/or improvements on the leased premises, after payment of any mortgage attached to and occasioned by construction of said improvements, shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 19. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof., at any time during the term of, this Lease takes over the operation or use of, the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of, this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord,. at the Landlord's sole discretion, may terminate this Lease. 20. RIGHT-OF-WAY RESERVATION. It is specifically recognized that there are long-range expansions planned for Roseland Road that could require up to forty f,eet (40") of additional right-of-way at some time during the term of this lease. If any such right-of.-way is needed, Landlord shall give Tenant at least thirty (30) days written notice of said need, and the rent shall be adjusted on a square footage basis. Tenant shall not construct any permanent improvements within the forty feet of frontage hereby reserved. In the event that any such right-of-way is needed and the use thereof, creates a 'nonconformity to the Leased Premises, Landlord shall apply for and process any needed variances or permits occasioned by such nonconformance. 21. DEFAULT iN RENT. If any of.said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of, the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all unmatured rent installments presently due and payable. (2) Partial acceleration. In lieu of'the option in Sub-paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not 10 be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the option herein granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above options. 22. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease, other than the payment of rent; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration required by this Lease, other than the payment of rent; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenants abandonment of any substantial portion of the leased premises. "Abandonment" shall be reasonably determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a fight to a lien of any kind or character upon the fight, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any revisions thereof; (i) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; (j) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant shall be in default of any other'term, provision or covenant of this Lease, other than those specified in subparts a through j, above, or the payment of rent. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to perform any condition imposed herein upon the Tenant other than the payment of rent, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (3 0) days from the date notice is sent by the Landlord within which to remedy or correct such default. 23. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only 12 that of landlord and tenant. 24. NOTICES AND REPORTS. 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 Attn.: City Manager 1225 Main Street Sebastian, FL 32958 Tenant: Orange Peel Enterprises, Inc. Attn.: Scott A. Riley 2183 Ponce de Leon Circle Vero Beach, FL 32960 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. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 25. RIGHT TO /NSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 26. OWNERSHIP OF IMPROVEMENTS, FIXTURES AND PERSONAL PROPERTY. All buildings, structures and fm'tures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, 13 be and become the propert37 o£ the Landlord and shall be tef~ in good condition and repak, ordinary wear and damage by the elements excepted. A fixture shall be defined as an article which has been physically annexed or affmed to the realty by the Tenant and cannot be removed without permanenl structural damage to the building. All other personalty owned by the Tenant at the expiration of the term or 'earlier termination of th_is Lease shall continue to be owned by Tenant and, at its option, may remove all such personalty, provided the Tenant is not then in default o£ any covenant or condition of this Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at its expense. However, any such property remaining on the Leased Premises more than fifteen days after said expiration shall be deemed the property of Landlord In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and t/fie defects of any kind. In case of the termination or the expiration of the Lease, or any extension hereunder that may be granted, the Tenant agrees to immediately surrender possession of the Leased Premises, and all the buildings, edifices, etc. that are constructed by or on behalf of Tenant. 27. ~q~EIGt-tT/H_AZAKD RESTRICTIONS. The Tenant expressly agrees for itself,, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, roles and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself,, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the pubhc, a right of flight the passage of aircraft in the .airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking offfrom, or operating on the Airport. 28. NONDISCRISVrlNATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of reli~on, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrirrfination; (i/i) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of any alleged breach of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence responsive action. Such action by the Tenant shall be diligently pursued to its conclusion, provided, however, Tenant shall be permitted to interpose any and all defenses, counterclaims or other legal measures which Tenant deems in good faith to be necessary or appropriate. If the Tenant shall then fail to commence or diligently pursue appropriate action, the Landlord~ shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 29. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any fight or interest hereunder without the prior written consent of the Landlord, which consent may not be unreasonably withheld. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to 15 the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obhgation or liability under the provisions of its Lease. 30. BliNDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assig-ns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 31. APPLICABLE LAW/VENUE, In the event of Litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by iFederal law. TIlE PARTIES HERETO S?EC~ICALLY WAIVE THE KIGITT TO TRIAL :BY IURY IN ANw~T SUCH LEGAL PROCEEDING. 32. ATTORNEYS FEES. In any action arising out of the enforcement oftkis writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prewiling rates of private attorneys, in the venue. 33. KECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 34. MISCELLANEOUS. The Landlord shall have the option, without waving or impairing any of its rights hereunder, to pay any sum Or perform any act required of the Tenant, and the amount of and the value thereof, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. The Tenant acknowledges that the 'Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. 35. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 16 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: CITY OF SEBASTIAN f'~unicip ~I_C orp o ~.tion Orange Peel Enterprises, Inc. By: ~ ~_~~ ~'~ / Corporate Seal: 17 AMENDMENT NUMBER ONE TO AIRPORT LEASE This AMENDMENT NUMBER ONE to AIRPORT LEASE made and entered into this 10th day of July, 2001, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and ORANGE PEEL ENTERPRISES, INC., a Florida corporation, (hereinafter referred to as the "Tenant") shall modify and amend the said lease agreement between the above parties in the following particulars, to with: WITNESSETI~: WItEREAS, Landlord and Tenant executed that certain Airport Lease, wherein Landlord leased a portion of the Sebastian Municipal Airport property (hereinafter the "Leased Premises") unto Tenant for the period of time, and upon the terms and conditions as contained therein; and WI~REAS, the Airport Lease contains a 6 month Due Diligence period, and an 18 month development Grace Period prior to the accrual and payment of rentals; and WKEREAS, in connection with preliminary ske and development analysis, the parties discovered the presence of certain jurisdictional wetlands upon the Leased premises; and WItEREAS, Landlord has agreed to perform all required mitigation necessary to permit Tenant to fill the wetlands and develop the site, including the creation of wetlands from other uplands at an alternate location; and WItEREAS, the parties have agreed that Due Diligence period and the Rental Grace Period should have been tolled while the mitigation plan was worked out with regulators. NOW TI~'~REFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, it is covenanted and agreed as follows: INTEGRATION: The parties acknowledge the recitations set forth in the introductory clauses of this Amendment, and incorporate same herein by reference. WETLANDS MITIGATION Landlord hereby agrees to perform, at Landlord's sole.expense, all mitigation activities as are required by St. Johns River Water Management District, (hereinafter referred to as "St. Johns"), or Such other governmental agency with jurisdiction, which are necessary and required to permit the Tenant ~to fill and develop the existing wetlands upon the Leased Premises. These activities shall include; without limitation, securing approval of St. Johns to the proposed mitigation aCtivities, the creation of wetlands from existing uplands at an alternate location owned by Landlord, and all furore monitoring activities as may be required by St. Johns or such other applicable governmental authority. HoWever, Tenant shall incorporate and process the wetland removal and mitigation plan as part of its St. Johns Stormwater permit. The parties agree to exercise reasonable diligence in connection with performance of the mitigation activities referred to above, and Landlord further agrees to indemnify, defend and hold Tenant harmless from and against any and all claims, demands, actions, costs, or expense associated therewith, except Tenant shall bear the professional fees incurred in the standard permit application process. TOLLING OF DUE DILIGENCE/RENTAL GRACE PERIODS: Landlord and Tenant hereby agree that the 6 month Due Diligence period contained in Section 3 of the Airport Lease have been tolled, it being the iment of the parties that said Due Diligence period shall commence in accordance with the requirements set forth in Section 4 below. Landlord and Tenant further agree that the 18 month rental Grace Period contained in Section 3 of the Airport Lease have been tolled, it being the intent of the parties that said Grace Period shall commence in accordance with the requirements set forth in Section 4 below. C. Each of the above periods shall be considered tolled commencing as of the Effective Date of the Airport Lease. TERM/NIATION OF TOLLING PERIOD: The tolling periods referred to above shall terminate as of July, 10, 2001, but shall be reinstated if a denial or appeal of the removal and mitigation portion of St. Johns Stormwater Permit is instituted, and shall continue until final resolution of the same. 2 BINDING EFFECT: The terms and provisions hereof shall be enforceable by and binding upon the parties hereto, and their respective heirs, legal representatives, successors and assigns. RATIFICATION/CONFLICT IN TERMS: A. As modified hereby, the parties do hereby ratify and confirm the said Airport Lease, and all of the terms thereof, which shall continue in force and effect. The terms of this Amendment Number One supersede those inconsistent terms contained in the Airport Lease. In the event of a conflict between the terms of this Amendment Number One and the Airport Lease, the provisions of this Amendment Number One shall control. IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first above written. CITY OF SEBASTIAN A~.,~~m' ci~ corp or~ati~n-) '-T%rr~hce City Manager 'TENANT' a Florida corporation ~/f/ // -~uthorized Officer/ f ' ~/ /-~ ~. A.2 ±o, City Cl~rk Approved as to Form and Legality for us city of Se st± Ridh Stringer, City g~torney HOME Of PELICAN ISLAND Subject: Option and Lease Agreement between City of Sebastian and Atlantic Coast Tower of Florida, Inc. Agenda No. ___~_3.~_//z~_~ 2 Department Origin: General Services: Finance Dept.: Date Submitted: 08/21/03 For Agenda of: 08/27/03 Exhibits: Proposed Option and Lease Agreement/Atlantic Coast Tower of Florida, Inc. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY In response to a recent request from Site Concepts, Inc., a South Florida telecommunications firm that administers contract and lease agreements with municipalities, the proposed Option and Lease Agreement between the City of Sebastian and Atlantic Coast Tower of Florida, Inc., grants an exclusive right and option to lease a portion of property approximately 10,000 square feet, located at the end of Roulette Street for the installation of a communications tower, specifically described in Exhibits "A" and "C" of the proposed Lease Agreement. Site Concepts, Inc., of South Florida will present two options to camouflage the proposed tower in order to help blend in with the surrounding environment. One option would be a tower in the form of a flagpole and the second option would be a tower in the form of a tree. The initial terms of the Lease Agreement is for five (5) years at an annual rental fee of $12,000.00 with an option to extend the term of the Agreement for six (6) additional consecutive five (5) year periods. The annual rental for the extended term shall be as follows and will be payable in the same manner as the annual rental for the initial term. Extended Term Annual Rental 1st $14,400.00 2na $17,280.00 3rd $20,736.00 4th $24,883.20 5th $29,859.84 6th $35,831.80 RECOMMENDED ACTION Move to authorize the City Manager to execute the Option and Lease Agreement between the City of Sebastian and Atlantic Coast Tower of Florida, Inc., for the exclusive right and option to lease a portion of property approximately 10,000 square feet, located at the end of Roulette Street, for~'--~ installation of a communications tower. / ~f~ \ OPTION AND LEASE AGREEMENT THIS OPTION AND LEASE AGREEMENT. (the "Agreement") is entered into as of the __ day of , 2003, between CITY OF SEBASTIAN, a Florida municipal corporation (the "LANDLORD") and ATLANTIC COAST TOWER OF FLORIDA, INC., a Florida corporation (the "TENANT"). PROPERTY WHEREAS, LANDLORD is owner of certain real property located in the City of Sebastian Indian River County, State of Florida, and TENANT desires to obtain an option to lease a portion of such real property, containing approximately 10,000 square feet, located at the city owned property at the end of Roulette Street, together with a right of way thereto, as hereinafter described (such portion of real property and such right of way being hereinafter referred to as the "Property"). The Property is more specifically described in and substantially shown on Exhibits "A" and "C" attached hereto and made a part hereof. OPTION NOW THEREFORE, upon LANDLORD's and TENANT's execution of this Agreement and payment of consideration the amount of Five Hundred dollars ($500.00), LANDLORD hereby grants to TENANT the exclusive right and option (the "Option") to lease the Property in accordance with the terms and conditions set forth herein. 1. Option Period. The Option may be exercised at any time on or prior to one year following the full execution oft his agreement (the "Option Period"). At TENANT's election, and upon TENANT's written notice to LANDLORD prior to expiration of the Option Period, the Option Period may be further extended for an additional period of six (6) months. The Option Period may thereafter be further extended by mutual agreement in writing. If TENANT fails to exercise the Option within the Option Period, as it may thereafter be extended as provided herein, the Option shall terminate, all rights and privileges granted hereunder shall be deemed completely surrendered. 2. Transfer of Option. The Option may be sold, assigned, or transferred at any time by TENANT to TENANT's parent company or any affiliate or subsidiary of TENANT or its parent company or to any third party agreeing to be subject to the terms hereof for the use and purposes hereinafter set forth. Otherwise, the Option may not be sold, assigned or transferred without the written consent of LANDLORD, such consent not to be unreasonably withheld. From and after the date the Option has been sold, assigned or transferred by TENANT to a third party agreeing to be subject to the terms hereof, TENANT shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action. 3. Changes in Property During Option Period. If during the Option Period or any extension thereof, or during the term of this Agreement if the Option is exercised, LANDLORD Site Name: San Sebastian WPB1\REALEST~69473.2 ............ ;~.7068/0005 decides to subdivide, sell or change the status of the zoning of the Property or the other real property of LANDLORD contiguous to, surrounding, or in the immediate vicinity of the Property ("LANDLORD's Surrounding Property"), LANDLORD shall immediately notify TENANT in writing. Any sale of the Property shall be subject to TENANT's rights under this Agreement. LANDLORD agrees that during the Option Period or any extension thereof, or during the term of this Agreement if the Option is exercised, LANDLORD shall not initiate, impose or consent to any change in the zoning of the Property or LANDLORD's Surrounding Property, or impose or consent to any other restriction that wound prevent or limit TENANT from using the Property for the uses intended by TENANT as hereinafter set forth in this Agreement. 4. Title. LANDLORD warrants that LANDLORD is seized of good and marketable title to the Property and has the full power and authority to enter into and execute this Agreement. LANDLORD further warrants that there are no deeds to secure debt, mortgages, liens orjudgments encumbering the Property except as set forth in Exhibit "B" attached hereto and made a part hereof, and that there are no other encumbrances on the title to the Property that would prevent TENANT from using the Property for the uses intended by TENANT as hereinafter set forth in this Agreement, except as set forth in Exhibit "B." 5. Inspections. LANDLORD shall permit TENANT during the Option Period, and any extension thereof, free ingress and egress to the Property by TENANT and its employees, agents and contractors to conduct structural strength analyses, subsurface boring tests, radio frequency tests and such other tests, investigations and similar activities as TENANT may deem necessary, at the sole cost of TENANT. TENANT and its employees, agents and contractors shall have the fight to bring the necessary vehicles and equipment onto the Property and the Surrounding Property to conduct such tests, investigation sand similar activities. TENANT shall indemnify and hold LANDLORD harmless against any loss or damage for personal injury and physical damage to the Property, LANDLORD's Surrounding Property or the property of third parties resulting from any such tests, investigations and similar activities, excepting, however, any loss or damage as may be due to or caused by the acts or omissions of LANDLORD or its employees or agents. 6. Surveys. LANDLORD also hereby grants to TENANT the right to survey the Property and LANDLORD's Surrounding Property or portion thereof. A copy of such survey of the Property, which has been approved and signed by LANDLORD, shall then be attached hereto as Exhibit "C" A copy of the legal description of the Property on the survey obtained by TENANT shall then become Exhibit "A" and attached hereto and made a part hereof. In the event of discrepancies between Exhibits "A" and "C," Exhibit "C" shall control. If as a result of any tests or investigations conducted by TENANT, or if required in connection with obtaining any necessary zoning approvals or other certificates, permits, licenses or approvals, TENANT desires to alter or modify the description of the Property in Exhibits "A" and "C," if then available, so as to relocate or enlarge all or any portion of the Property to other portions of LANDLORD's Surrounding Property (a "Relocation Site"), TENANT shall notify LANDLORD of such desire and deliver to LANDLORD a copy of the survey and legal description of the portions of the Property and LANDLORD's Surrounding Property that TENANT proposes as a Relocation Site. LANDLORD shall have the right to approve any Relocation Site, and LANDLORD agrees not to unreasonably withhold its Site Name: San Sebastian WPB1\REALEST'~69473.2 27068/0005 approval, such approval to be based on commercially reasonable standards. LANDLORD agrees to review and consider TENANT's relocation request and any proposed Relocation Site in good faith within a reasonable period of time not to exceed thirty (3 0) days and to cooperate with TENANT to attempt, if reasonably possible, to approve the TENANT's proposed Relocation Site or such other Relocation Site as may be agreed upon by LANDLORD and TENANT as will allow TENANT to use the same for the use intended by TENANT for the Property as hereinafter set forth in this Agreement. If LANDLORD approves a Relocation Site, then TENANT shall have the right to substitute the Relocation Site for the Property and to substitute the legal description and the survey (which has been signed by the LANDLORD) of the approved Relocation Site for the description of the Property in Exhibits "A" and "C," if then available, and the Property shall thereafter consist of the Relocation Site so approved and substituted. If requested by TENANT, LANDLORD shall execute an amendment to this Agreement to evidence the substitution of the Relocation Site as to the Property. 7. Governmental Approvals. TENANT's ability to use the Property is contingent upon its obtaining all certificates, permits and other approvals that my be required by any federal, state or local authorities. If required by such governmental authorities, any such applications may be filed with respect to, not only the Property, but also LANDLORD's Surrounding Property. Such applications with respect to LANDLORD's Surrounding Property will be for informational purposes only and will not encumber or inhibit LANDLORD's use of LANDLORD's Surrounding Property. TENANT will perform all other acts and bear all expenses associated with any zoning or other procedure necessary to obtain any certificate, permit, license or approval for the Property deemed necessary by TENANT. LANDLORD agrees not to register any written or verbal opposition to any such procedures and shall provide TENANT with reasonable assistance as may be necessary to enable TENANT to arrange for such governmental approvals. 8. Utility Services. During the Option Period, and during the term of this Agreement if the Option is exercised, LANDLORD shall cooperate with TENANT in TENANT's effort to obtain utility services along the access right-of-way contained in the Property by signing such documents or easements as may be required by the utility companies. In the event any utility company is unable to use the aforementioned right-of-way, LANDLORD hereby agrees to grant an additional right -of-way either to TENANT or to the utility company at no cost to TENANT or to the utility company. TENANT shall be responsible for all costs and expenses for such installation of utilities. If LANDLORD fails to fulfill LANDLORD's obligations to cooperate with TENANT as required herein in obtaining the governmental approvals or utility services contemplated by this Agreement, then in addition to any rights or remedies that TENANT may have at law or in equity, TENANT shall also be entitled to reimbursement from LANDLORD upon demand of all costs and expenses incurred by TENANT in connection with its activities under this Agreement, including (but not limited to) costs of environmental assessments, title examinations, zoning application fees, and attorneys' fees and other legal expenses of TENANT. 9. Exercise of Option. TENANT shall exercise the Option by written notice to LANDLORD, such notice to contain the date for the commencement of the lease ("Commencement Date"). On and after such Commencement Date, this Agreement shall also constitute a lease agreement between LANDLORD and TENANT on the following terms and conditions: Site Name: San Sebastian LEASE AGREEMENT 1. Lease of Property. LANDLORD hereby leases to TENANT the Property, as defined hereinabove, which lease includes the grant of a nonexclusive right and easement during the term of this Agreement for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, cables, conduits and pipes over, under or along the twenty-foot (20') wide right of way extending from the nearest public right-of-way, which is known as Roulette Street, to the Property, as such right-of-way is shown on Exhibit "A" hereto (the "Right-of-Way"). 2. Initial Term and Rental. This Agreement shall be for an initial term of five (5) years beginning on the Commencement Date (as defined above) annual rental being Twelve Thousand Dollars ($12,000.00). This rent is to be paid in equal monthly installments on the first day of each month during the term, in advance, to the City of Sebastian or to such other person, firm or place as the LANDLORD may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. If the Option is exercised on a date other than the first day of a calendar month, TENANT shall make a prorated payment of the installment of the monthly rental payable for the first month of the term of this Agreement. 3. Extension of Term. TENANT shall have the option to extend the term of this Agreement for six (6) additional consecutive five (5) year periods. Each option for an extended term shall be deemed automatically exercised without notice by TENANT to LANDLORD unless TENANT gives LANDLORD written notice of its intention not to exercise any such option, in which case, the term of this Agreement shall expire at the end of the then current term. All references herein to the term of this Agreement shall include the term as k is extended as provided in this Agreement. Extended Term Rental. The minimum annual rental for the extended terms shall be as follows: Extended Term Annual Rental 1st $ 14,400 2net $ 17,280 ~ rd ~ $ 20,736 4th $ 24,883.20 5th $ 29,859.84 6th $ 35,83t.80 The annual rental for the extended terms shall be payable in the same manner as the annual rental for the initial term. 5. Continuance of Lease. If, at least six (6) months prior to the end of the sixth (6~) extended term, either LANDLORD or TENANT has not given the other written notice of its desire that the term of this Agreement end at the expiration of the sixth (6th) extended term, then upon Site Name: San Sebastian WPBl\REALEST~69473.2 2'7068/0005 the expiration of the sixth (6th) extended term this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of any such annual term. Monthly rental during such annual terms shall be equal to the rent paid for the last month of the sixth (6th) extended term. 6. Use. TENANT shall use the Property for the purpose of constructing, maintaining and operating a communications facility and uses incidental thereto, which facility may consist of such buildings as are necessary to house telecommunications equipment, a free standing monopole of sufficient height, as determined by TENANT, now or in the future to meet TENANT's telecommunication needs and all necessary appurtenances, and a security fence of chain link or comparable construction that may, at the option of TENANT, be placed around the perimeter of the Property (collectively, the "Communications Facility"). All improvements to the Property necessary for TEN.&NT' s use shall be made at TENANT' s expense. LANDLORD grants TENANT (including TENANT' s sublessees) the right to use such portions of LANDLORD's Surrounding Property as are reasonably required for the construction, installation, maintenance, and/or operation of the Communications Facility, including (1) the right of ingress and egress to and from the Property for construction machinery and equipment, and (2) the right to use such portions of LANDLORD's Surrounding Property as are reasonably necessary for storage of construction materials and equipment during construction of the Communications Facility~ TENANT will maintain the Property and all of TENANT's improvements on the Property in a reasonable condition. 7. Governmental Approvals. LANDLORD shall cooperate with TENANT in its effort to obtain and maintain in effect all certificates, permits, licenses and other approvals required by governmental authorities for TENANT's use of the Property. The obligations of LANDLORD as set forth herein during the Option Period with respect to governmental approvals shall continue throughout the term of this Agreement. If at any time during the term of this Agreement TENANT is unable to use the Property for a Communications Facility in the manner intended by TENANT due to imposed zoning conditions or requirements, or in the event that after the exercise of the Option, any necessary certificate, permit, license or approval is finally rejected or any previously issued certificate, permit, license or approval is canceled, expires, lapses, or is otherwise withdrawn or terminated by the applicable governmental authority, or soil boring tests or radio frequency propagation tests are found to be unsatisfactory so that TENANT, in its sole discretion, will be unable to use the Property for a Communications Facility in the manner intended by TENANT, TENANT shall have the right to terminate this Agreement by written notice to LANDLORD and all rentals paid to LANDLORD prior to the termination date shall be retained by LANDLORD. Upon such termination, this Agreement shall become null and void and LANDLORD and TENANT shall have no other further obligations to each other, other than TENANT's obligation to remove its property as hereinafter provided. 8. Indemnification. TENANT shall indemnify and hold LANDLORD harmless against any liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Property by TENANT or its employees or agents, excepting, however, such liabilities and losses as may be due to or caused by the acts or omissions of LANDLORD or its employees or agents. LANDLORD shall indemnify and hold TENANT harmless against any liability Site Name: San Sebastian or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Property or LANDLORD's Surrounding Property by LANDLORD or its employees or agents, excepting, however, such liabilities and losses as may be due to or caused by the acts or omissions of TENANT or its employees or agents. LANDLORD agrees that TENANT may self-insure against any loss or damage which could be covered by a comprehensive general public liability policy. 9. Taxes. TENANT shall be responsible for making any necessary returns for and paying any and all other personal property taxes separately levied or assessed against the improvements constructed by TENANT on the Property. TENANT shall reimburse LANDLORD, as additional rent, for any increase in ad valorem real estate taxes levied against the Property which are directly attributable to the improvements constructed by TENANT on the Property and are not separately levied or assessed by the taxing authorities against TENANT or the improvements of TENANT. As a condition to TENANT'S obligation to pay any increase in ad valorem real estate taxes pursuant to this section, LANDLORD shall provide TENANT with documentation from the applicable taxing authority indicating with reasonable certainty that the ad valorem real estate tax increase was directly attributable to TENANT'S improvements at the Property. TENANT shall have the right to file an assessment appeal, and LANDLORD shall cooperate in any such appeal as reasonably requested by TENANT. LANDLORD shall pay all other ad valorem real property taxes levied against the Property on or before the date such taxes become delinquent. 10. Termination. TENANT shall have the right to terminate this Agreement by written notice to LANDLORD at any time upon the occurrence of any of the following events: (a) any certificate, permit, license or approval necessary for the construction or operation of the Communications Facility in the manner intended by TENANT is rejected, canceled, expires, lapses, or is otherwise withdrawn or terminated, or TENANT determines the cost of obtaining or retaining any such certificate, permit, license or approval, or of complying with applicable legal and regulatory requirements, is unreasonable; (b) TENANT determines that, based upon imposed zoning conditions or requirements, soil boring tests, radio frequency propagation tests, or interference with TENANT's reception or transmission, the Property is inappropriate for the uses intended by TENANT or (c) TENANT'S improvements at the Property are damaged or destroyed by fire or other casualty and TENANT elects, in TENANT'S sole discretion, not to reconstruct or repair such improvements. Upon such termination, this Agreement shall become null and void and LANDLORD and TENANT shall have no other further obligations to each other, other than TENANT's obligation to remove its property as hereinafter provided. 11. Removal of Improvements. Title to all improvements constructed or installed by TENANT on the Property shall remain in TENANT, and all improvements constructed or installed by TENANT shall at all times be and remain the property of TENANT, regardless of whether such improvements are attached or affixed to the Property. TENANT, upon termination of this Agreement shall, within a reasonable period, remove all improvements, fixtures and personal property constructed or installed on the Property by TENANT and restore the Property to its original above grade condition, reasonable wear and tear excepted. At LANDLORD's option, upon termination of this Agreement and upon LANDLORD's advance written notice to TENANT, TENANT will leave Site Name: San Sebastian 6 /~3 ~ 'x~ WPB1\REALEST~69473.2 27068/0005 the foundation and security fence on the Property to become the property of LANDLORD. If such removal causes TENANT to remain on the Property after termination of this Agreement, TENANT shall pay rent at the then existing monthly rate, which shall be provided as applicable, until such time as the removal is completed. 12. Sale of Property. If LANDLORD, at any time during the initial or any extended term of this Agreement, decides to sell the Property, or all or any part of LANDLORD's Surrounding Property, to a purchaser other than TENANT, LANDLORD shall immediately notify TENANT in writing. LANDLORD acknowledges and agrees that this Agreement runs with the real property and any such sale shall be subject to this Agreement and TENANT's rights hereunder. LANDLORD agrees not to sell, lease or use any other areas of LANDLORD's Surrounding Property for the installation, operation or maintenance of other communications facilities if, in TENANT's sole judgment, such installation, operation or maintenance would interfere with TENANT's facilities. 13. Quiet enjoyment. LANDLORD covenants that TENANT, on paying the rental and performing the covenants, terms and conditions required of TENANT contained herein, shall peaceably and quietly have, hold and enjoy the Property and the leasehold estate ganted to TENANT by virtue of this Agreement. 14. Assignment and Subleasing. This Agreement may be sold, assigned or transferred at any time by TENANT to TENANT'S parent company or any affiliate or subsidiary of TENANT or its parent company, to any successor entity with or into which TENANT is sold, merger of consolidated, or to any entity resuking from a reorganization of TENANT or its parent company, or to any entity acquiring fifty-one percent (51%) or more of TENANT' S stock or assets or to any third party agreeing to be subject to the terms hereof. Otherwise, this Agreement may not be sold, assigned or transferred without the written consent of LANDLORD, such consent not to be unreasonably withheld. Notwithstanding the foregoing, TENANT may sublease or license all or any part of the Property, including, but not limited to, ground space and tower space without the consent of LANDLORD. 15. Condemnation. If the whole of the Property, or such portion thereof as will make the Property unusable for the purposes herein leased, is condemned by any legally constituted public authority, then this Agreement, and the term hereby granted, shall cease from the time when possession thereof is taken by the public authority, and rental shall be accounted for as between LANDLORD and TENANT as of that date. Any lesser condemnation shall in no way affect the respective rights and obligations of LANDLORD and TENANT hereunder. However, nothing in this paragraph shall be construed to limit or adversely affect TENANT's right to an award of compensation from any condemnation proceeding for the taking of TENANT's leasehold interest hereunder or for the taking of TENANT's improvements, fixtures, equipment, and personal property. 16. Subordination. At LANDLORD's option, this Agreement shall be subordinate to any deed to secure debt or mortgage by LANDLORD which now or hereafter may encumber the Property, provided, that no such subordination shall be effective unless the holder of every such deed Site Name: San Sebastian -'~/'¢-RB 1 \REALEST~69473.2 270'~0005 to secure debt or mortgage shall, either in the deed to secure debt or mortgage or in a separate agreement with TENANT, agree that in the event of a foreclosure, or conveyance in lieu of foreclosure, of LANDLORD's interest in the Property, such holder shall recognize and confirm the validity and existence of this Agreement and the fights of TENANT hereunder, and this Agreement shall continue in full force and TENANT shall have the right to continue its use and occupancy of the Property in accordance with the provisions of this Agreement as long as TENANT is not in defauk of this Agreement beyond applicable notice and cure periods. TENANT shall execute in a timely manner whatever instruments may reasonably be required to evidence the provisions of this paragraph. In the event the Property is encumbered by a deed to secure debt or mortgage on the date of the exercise of the Option, TENANT shall furnish to LANDLORD a non-disturbance agreement, and LANDLORD, no later than ten (10) days after receipt of such non-disturbance agreement, shall return to TENANT such non-disturbance agreement executed in recordable form by the holder of each deed to secure debt or mortgage. 17. Title Insurance. TENANT, at TENANT's option, may obtain title insurance on the Property. LANDLORD agrees to cooperate with TENANT's efforts to obtain title insurance by executing documents or obtaining requested documentation as required by the title insurance company. If LANDLORD fails to provide requested documentation within thirty (30) days of TENANT'S request, or fails to provide any non-disturbance agreement require in the preceding paragraph of this Agreement, TENANT, at TENANT's option, may withhold and accrue the monthly rental until such time as all such documentation is received by TENANT. 18. Hazardous Substances. LANDLORD shall hold TENANT harmless from and indemnify TENANT against any damage, loss, expense, response costs or liability, including consultant fees and attorneys' fees, resulting from the presence of hazardous substances on, under or around the Property or resulting from hazardous substances being generated, stored, disposed of or transported to, on, under or around the property as long as the hazardous substances were not generated, stored, disposed of or transported to, on, under or around the Property by TENANT or its employees, agents or contractors. LANDLORD represents and warrants that, to the best of its knowledge, the Property and LANDLORD'S Surrounding Property is free and clear from the presence of hazardous substances as of the date of this Agreement. TENANT shall hold LANDLORD harmless from and indemnify LANDLORD against any damage, loss, expense, response costs or liability, including consultant fees and attorneys' fees, resulting from hazardous substances generated, stored, disposed of or transported to, on or under the Property as a resuk of TENANT's use of the Property as long as the hazardous substances are not generated, stored, disposed of or transported to, on, under or around the Property by LANDLORD or its employees, agents or contractors. For purposes of this Agreement, "hazardous substances" shall mean (i) any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons, (ii) any substance which is flammable, radioactive, corrosive or carcinogenic, (iii) any substance the presence of which on the Property causes or threatens to cause a nuisance or health hazard affecting human health, the environment, the property or property adjacent thereto, or (iv) any substance the presence of which on the property requires investigation or remediation under any hazardous substance law, as the same may hereafter be amended. "Hazardous Substance Law" means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 et seq.; the Resource Conservation and Site Name: San Sebastian WPBl\REALEST~69473.2 27068/0005 Recovery Act, 42 U.S.C. §6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801 et seq.; the Clean Water Act, 33 U.S.C §1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §136 et seq.; the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.; the Emergency Planning and Community Right to Know Act (SARA Title III) 42 U.S.C. §11001 et seq.; and all applicable state laws or regulations. 19. Opportunity to Cure. If TENANT shall fail to pay any rental or other amounts payable under this Agreement when due, or if TENANT should fail to perform any other of the covenants, terms or conditions of this Agreement, prior to exercising any rights or remedies against TENANT on account thereof, LANDLORD shall first provide TENANT with written notice of failure and provide TENANT with a thirty (30) day period to cure such failure (if the failure is a failure to pay rental or any other sum of money under this Agreement) or a sixty (60) day period to cure such failure (if the failure is a failure to perform any other covenant, term or condition of this Agreement). If the failure is not a failure to pay rental or any other sum of money hereunder but is not capable of being cured within a sixty (60) day period, TENANT shall be afforded a reasonable period of time to cure the failure provided that TENANT promptly commences curing the failure after the notice and prosecutes the cure to completion with due diligence. If LANDLORD shall fail to perform any of the covenants, terms or conditions of this Agreement, prior to exercising any rights or remedies against LANDLORD on account thereof, TENANT shall first provide LANDLORD with written notice of failure and provide LANDLORD with a sixty (60) day period to cure such failure. If the failure is not capable of being cured within such sixty (60) day period, LANDLORD shall be afforded a reasonable period time to cure the failure provided that LANDLORD promptly commences curing the failure after the notice and prosecutes the cure to completion with due diligence. 20. Notices. All notices hereunder must be in writing and shall be deemed validly given on the date when deposited in the United States mail, delivered by hand, or nationally-known courier service, addressed as follows (or to any other address that the party to be notified may have designated to the other party by like notice at least ten (10) days prior thereto): TENANT: LANDLORD: Atlantic Coast Tower of Florida P.O. Box 527 Palm City, Florida 34991 City of Sebastian 1225 Main Street Sebastian, FL 32958 ATTN: City Attorney The parties may substitute recipient's names and addresses by giving notice as provided hereunder. Rejection or refusal to accept delivery of any notice, or the inability to deliver any notice because of a Site Name: San Sebastian .~¢¢~'~'~Pl~EALEST~69473.2 /" 27068/00~5 . changed address of which no notice was given, shall be deemed to be receipt of any such notice. 21. Binding Effect. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of LANDLORD and TENANT and shall constitute covenants running with the land. 22. Headings; Gender. The headings, captions and numbers in this Agreement are solely for convenience and shall not be considered in construing or interpreting any provision in this Agreement. Wherever appropriate in this Agreement, personal pronouns shall be deemed to include other genders and the singular to include the plural, if applicable. 23. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which shall constitute the same agreement. 24. Governing Law. This Agreement shall be governed and interpreted by, and construed in accordance with, the laws of the State in which the Property is located. 25. Recording. At the request of TENANT, LANDLORD agrees to execute a memorandum or short form of this Agreement in recordable form, setting forth a description of the Property, the term of this Agreement and other information desired by TENANT for the purpose of giving public notice thereof to third parties. 26. Survival. The provisions hereof, which by their nature are continuing, shall continue to bind the parties beyond any termination hereof. 27. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be severed from this Agreement and the remainder will remain in full force and effect. 28. Addendum. If LANDLORD and TENANT have agreed to amend any of the foregoing terms of this Agreement, including the Option terms, by the attached Addendum to Option and Lease Agreement, the LANDLORD's initials appear here [ ], the TENANT's initials appear here [ ], and the attached Addendum to Option and Lease Agreement is incorporated herein and made a part hereof by this reference. 29. Entire Agreement. This Agreement, including the Addendum and Exhibits, and any Amendments hereto that may be executed from time to time by the parties, constitutes the entire agreement between the parties pertaining to the subject matter hereof and contains all the agreements, promises and understandings between the LANDLORD and TENANT, and no verbal or oral agreements, promises, statements, assertions or representations by LANDLORD or TENANT or any employees, agents, contractors or other representations of either, shall be binding upon LANDLORD or TENANT. This Agreement cannot be changed, modified or amended, in whole or in part, except by a written amendment executed by LANDLORD and TENANT in the same manner as this Agreement is executed. /,~~ Site Name: San Sebastian WPB1\REALEST~69473.2 ] 0 2706810005 30. Authority of Signatories. Each of the parties to this Agreement covenants and warrants that (a) the signatory of this Agreement is duly authorized to execute this Agreement on such parties behalf; (b) such signatory has the full right, power, legal capacity and authority to enter into and perform the obligations hereunder of the party on behalf of whom such signatory has signed; and (c) such obligations shall be binding upon and enforceable against such party without the requirement of the approval or other consent of any other person or entity in connection herewith. Each of the signatories hereto represents and warrants that he or she is duly authorized to execute this Agreement on the party's behalf and will upon request produce appropriate evidence of such authority. 31. Parties Represented by Counsel. LANDLORD and TENANT acknowledge and agree that they have been represented by or have freely elected not to engage counsel and that each of the parties has participated in the drafting of this Agreement. Accordingly, it is the intention and agreement of the parties that the language, terms and conditions of this Agreement are not to be construed in any way against or in favor of any party thereto by reason of the responsibilities in connection with the preparation or drafting of this Agreement. 32. Estoppel Certificates. Each party agrees, at any time and from time-to-time as requested by the other party, to execute and deliver to the other party within thirty (30) days a statement certifying that this Agreement is unmodified and in full force and effect (or if there have been modifications, that the same are in full force and effect as modified, including the modifications), certifying the dates to which annual rental has been paid, stating whether or not the other party is in default in performance of any of its obligations under this Agreement to the best of the certifying parties knowledge, and, if so, specifying each such default and stating whether or not any event had occurred which, with the giving of notice or passage of time, or both, would constitute such a result and, if so, specifying each such event. [SIGNATURES ON FOLLOWING PAGE] ~~S~te Name' San Sebastian WPBl\REALES"~69473.2 27068~0005 11 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. Signed, sealed and delivered this __ day of ,200__. Unofficial Witness LANDLORD: (Print Name) By: (SE ) Print Name: Print Title: Notary Public My Commission Expires: [Notary Seal] (Corporate Seal) TENANT: ATLANTIC COAST TOWER OF FLORIDA Signed, sealed and delivered this __ day of ,200__. Unofficial Witness (Print Name) By: Print Name: Print Title: (SEAL) Notary Public My Commission Expires: [Notary Seal] (Corporate Seal) ADDENDUM TO OPTION AND LEASE AGREEMENT Site Name: Sail Sebastiml WPB1\REALEST~69473.2 27068/0005 12 BETWEEN , as LANDLORD, and ATLANTIC COAST TOWER OF FLORIDA, INC., a TENANT DATED LANDLORD and TENANT hereby agree that the terms and conditions of the A~eement are hereby supplemented and/or amended as follows: 5. Continuance of Lease. At least six (6) months prior to the end of the sixth ((5th) extended term, the parties shall give one another written notice of whether they desire to negotiate a renewal of the lease so that mutually agreeable arrangements can be made for any transition necessitated by the end of the lease term. Neither party in any way shall be obligated to consummate any such renewal 6. Use. TENANT shall use the Property for the purpose of constructing, maintaining and operating a communications facility and uses incidental thereto, which facility may consist of such buildings as are necessary to house telecommunications equipment, a free standing monopole of sufficient height, as determined by TENANT, now or in the future to meet TENANT's telecommunication needs and all necessary appurtenances, and a security fence of chain link or comparable construction that may, at the option of TENANT, be placed around the perimeter of the Property (collectively, the "Communications Facility"). Such monopole structure shall be camouflaged as a flagpole or tree in the manner demonstrated in the attached Exhibit "D" and such fencing shall be coated to emit a muted color. All improvements to the Property necessary for TENANT's use shall be made at TENANT's expense. LANDLORD grants TENANT (including TENANT's sublessees) the right to use such portions of LANDLORD's Surrounding Property as are reasonably required for the construction, installation, maintenance, and/or operation of the Communications Facility, including (1) the right of ingress and egress to and from the Property for construction machinery and equipment, and (2) the right to use such portions of LANDLORD's Surrounding Property as are reasonably necessary for storage of construction materials and equipment during construction of the Communications Facility. TENANT will maintain the Property and all of TENANT's improvements on the Property in a reasonable condition. 8. Indemnification. TENANT shall indemnify and hold LANDLORD harmless against any liability or loss from personal injury or property damage resuking from or arising out of the use and occupancy of the Property by TENANT or its employees or agents, excepting, however, such liabilities and losses as may be due to or caused by the acts or omissions of LANDLORD or its employees or agents. LANDLORD shall indemnify and hold TENANT harmless against any liability or loss from personal injury or property damage resulting from or arising out of the sole acts and omissions of by LANDLORD or its employees or agents, The Tenant shall provide and keep in force at its own expense during the term of this Lease, comprehensive public liability insurance coverage with respect to the leased premises. The insurance coverage to be maintained by the Tenant shall contain limits of not less than $500,000.00 for inury or death of any one person and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to Site Name: San Sebastian \REALES"~69473,2 O5 13 property. The Tenant shall supply the landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this paragraph 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. 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 AM Best and Company and at least a AA rating by both Moody's and Standard and Poors Any capitalized term used in this Addendum and not otherwise defined herein shall have the meaning given such term in the Agreement. In the event of any conflict between the Agreement (without this Addendum) and this Addendum, this Addendum shall control. LANDLORD' s initials: TENANT's initials: [This Addendztm page to remain in lease even if not usedJ Site Name: San Sebastima WPB 1\REALES"~69473.2 27068/0005 14 EXHIBIT A (Legal Description of the Leased Property) (Attach Site Sketch until Legal Description can be obtained) Site Name: San Sebastian WPBl\REALESTX69473.2 27068/0005 15 .......... 321 ~o 7 29 ~O ~rn 8 28 Icn~ 9 27 10 26 ~ 7 25 ................ 320 .................. 8 24- ~ 9 25 ~ 0 L~ o 10 22 -- 1' 21 11 25 ............................................ 42 20 ~2 24 13 {9 STAR PLACE 22 19 Proposed ,Tower Location GULFSTREAM AVEN x, 'N 18 15 17 11 10 9 8 14 15 16 13 7 6 5 47 18 19 ~ 7 6 5 8 9 10 1 '6 ............... co .5 ~>x~_2"{, ~ 9 10 11 SWEETBAY 9 8 7 6 5 I%Nu' .................................................................................... 3: ..... ~1 ' 12 13 ~.4 15 '2 13 STREAMLET 14 15 11 10 9 8 7 6 5 16 ................................................................................ 330 17 18 19 20 21 22 23 24 25 STARFLOWER AVENUE EXHIBIT B List all Deeds to Secure Debts, Mortgages, Liens or Judgments encumbering the Property. If none, please state none. Debts: Lender: Loan Officer Name and Telephone: Loan Number: Liens: Judgments: Site Name: San Sebastian WPB1\REALESTX69473.2 27068/0005 16 EXHIBIT C Survey of the Property and Surrounding Property, if applicable (to be attached at a later date) Site Name: San Sebastian WPB1\REALESTX69473.2 27068/0005 17 HOME OtF PELICAN ISLAJ~t, City of Sebastian, Florida Subject: Main Street Improvements Approved for Submittal by: Terrence Moore, City Manager Agenda No. 0,,~/~' .5 Departm~in :,~,.ngineering Dept. H e~~.~...~ Finance: General Service~: Date Submitted: 08/08/03 For Agenda of: 08/27/03 Exhibits: Exhibit "A", Exhibit "B", Exhibit "C", Work Authorization No. 11 EXPENDITURE REQUIRED: $23,800 BUDGET AVAILABLE: APPROPRIATION: $23,800 SUMMARY City requested a proposal from Kimley-Horn & Associates, Inc., under their master engineering services agreement with the City, to study, analyze, and provide a conceptual design for enhancements and improvements to Main Street from Indian River Drive west to North Wimbrow. KHA's proposal, dated 5 August 2003, is in hand. Their proposed fee for the subject engineering services is $23,800. City now proposes to meet with KHA to discuss details of their proposal and, if appropriate, to negotiate a Work Authorization No. 11 under their master services agreement for a not-to-exceed amount of $23,800 to go forward with the study, analysis, and conceptual design for enhancements and improvements to Main Street. RECOMMENDED ACTION Move to approve the award of a Work Authorization #11 to the City's master engineering services agreement with Kimley-Horn & Associates, Inc., in an amount not to exceed $23,800 for the study, analysis, and conceptual design of enhancements and improvements to the entire length of Main Street ,and appropriate funds for same. WORK AUTHORIZATION FORM CITY OF SEBASTIAN. FLORIDA Work Authorization No: 11 Project Identification: Main Street Improvements IT IS AGREED to undertake the following work in accordance with the provisions of our Master Agreement entitled PROFESSIONAL SERVICES AGREEMENT dated NOVE1VIBER 30, 2000: Description of Assignment: SEE ATTACHED EXHIBIT 'A' entitled Scope of Services, "B" entitled Fee, and "C" entitled Schedule Basis of Compensation/Period of Services: Basis of compensation will be on an hourly basis with a not to exceed amount of $23,800. providec~ for in the Master Agreement. Period of Services, work will commence upon execution of this Work Authorization by the parties, and completion of the work will take place as expeditiously as possible. AGREED as to scope of services, time schedule, and budget this __ day of July, 2003. CITY OF SEBASTIAN, A Florida municipal corporation By: By: Terrence Moore, City Manager (Seal) KIMLEY HORN AND ASSOCIATES, INC. Vi~c President Attest: Sally A. Maio, CMC, City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: R.ich Stringer, City Attorney Staff Approvals: City Engineer Finance Director General Services Administrator as to budget only Kimley-Horn and Associates, Inc. August 5, 2003 David Fisher, P.E. City Engineer City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Main Street Sebastian Dear Mr. Fisher: Kirnley-Horn and Associates, Inc. is pleased to submit this scope and tee proposal for general engineering services related to the study and analysis of opportunities for enhancements and improvements to Main Street m Sebastian. The scope of services, fee and schedule for this work order are provided in the attached Exhibit "A" through Exhibit "C". Any additional services beyond those described in Exhibit A that we may be able to assist you with can be handled in an additional work order. We appreciate this opportunity to work with the City of Sebastian. Should you have any questions or wish to discuss please contact me at 772/794-4058. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. JeffB. Mullis, P.E. Vice-President cc: David Woodward [] Suite 400 601 215t Street Veto Beach, Flodda 32960 K:WIRKTNG\Sebasfiankfishcr4.do c [] TEL 772 562 7981 FAX 772 562 9689 Mr. David Fisher, Au~st 5, 2003 Pg. 2 EXI:I-IBIT "A" SCOPE OF WORK The obi ective of our work will be to understand the existing uses of Main Street as it relates to capacity, use, future use and opportunities. The scope of work for this project will consist of three major tasks: · Traffic Analysis and Projections · Data Collection · Conceptual Design Task 1 - Traffic Analysis and Projections We will review existing City, County and FDOT traffic count data to understand the traffic volumes utilizing Main Street. In addition, we will formulate projections for future demands on Main Street such that highway capacity issues and demands can be identified. The object of this investigation and analysis will be to determine the number of lanes that are needed in the future, on this stretch of roadway. Task 2 - Data Collection We will collect elements of existing data on Main Street to understand existing uses and issues. These will include investigation of drainage patterns, issues and 'deficiencies as well as access issues for local businesses or residences, furore improvements that are planned such as improvements along Louisiana Avenue and other relative data that is needed to understand the use, need and opportunity for this stretch of roadway. At this time, we are not proposing to collect survey data of the roadway. Should be find that this is pertinent to the analysis, that request will be made to the City as an additional service request. Task 3 - Conceptual Design Once we have determined the number of lanes needed from the traffic analysis and have an idea of the issues and existing conditions along the roadway, we will begin developing typical sections and conceptual ideas that can be presented at a City staff workshop . The workshop will be used to help understand the City's desires and give the opportunity for the expression of idea and opportunities for this street. Mr. David Fisher, August 5, 2003 Pg. 3 Given the furore improvement of the City administrative parcel and their future administrative building and complex, there may be an opportunity to potentially link the City complex to the r/verfront and develop and/or enhance Mare Street. These are the type of concepts that we will investigate as well as what other opportunities we see from a transportation planning and land use planning as well as look at potential streetscape opportunities. The ideas will be formulated and used as a catalyst at the City workshop. Once the workshop has been completed, we will finalize our report and deliver to the City. The document is expected to be m a report format that describes our collection, analysis, workshop and opportunities for the City. Upon your request, we will present the study to your City Council. Mr. David Fisher, August 5, 2003 Pg. 4 EXFrIBIT "B" Fee KHA will provide the services described in Task 1 through 3 as indicated below, inclusive of expenses. Task Task 1 - Traffic Analysis and Projections Task 2 - Data Collection Task 3 - Conceptual Design Labor Budget $5,400 $4,20O $14,200 Total Fee $23,800 Mr. David Fisher, Au~st 5, 2003 Pg. 5 EXiqlBIT "C" SCItEDULE The schedule for the work as described in Tasks 1 through 3 is anticipated to be completed within 120 days from the time the Notice to Proceed is given. HOMF.. OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject November and December City Council Meeting Schedule Ter'~r~ence Moo~City Manager Agenda No, ~ ~ Department Origin: City Clerk<~/v~ Date Submitted: 8/12/03 For Agenda of: 8/27/03 Exhibits: November and December Calendars SUMMARY STATEMENT I am preparing the 2004 general election packet and one of the dates on the election calendar for the reading of the election proclamation and adoption of the election resolution by City Council is December 10, 2003. This prompted me to bring to your attention the routine matter of rescheduling City Council meetings for November and December. Regular meetings for November are scheduled for the 12th and 26th (night before Thanksgiving), and regular meetings for December are scheduled for the 10th and 24th (Christmas Eve). Last year City Council canceled the second regular meetings in November and December. RECOMMENDED ACTION Revise the November and December meeting schedules as City Council deems appropriate. Sun Mon Tue Wed Th u Fri Sat 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Veterans Day Scheduled Holiday Regular City City Hall Council Closed Meeting 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Scheduled Thanksgiving Thanksgiving Regular City Holiday Holiday Council City Hall City Hall Meeting Closed Closed 30 7 14 21 28 Moll 1 8 15 22 29 2 9 16 23 30 Wed 3 Scheduled Regular City Council Meeting 17' 24 Scheduled Regular City Council Meeting - Christmas Eve Holiday City Hall Closed 31 __ Fri Sat $ 6 12 13 19 20 26 27 ~as ' City )sed 4 11 18 25 Christm Holiday Hall Clos,