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SEBASTIAN CITY COUNCIL
AGENDA
REGULA, R MEETING
THURSDAY, SEPTEMBER 12TM, 2002 - 6:00 PM
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
Individuals will address the CiO, Council with re~spect to agenda itel~s immediately before deliberation of the item by the Ci~ Council
- limit often minutes per speaker (R-99-21)
2.
3.
4.
5.
6.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not oil tile written agenda may be added only upon a majorO) vote of City Council members (R-99-21)
SPECIAL HEARING FY 2002/2003 MILLAGE/BUDGET
02.130
1-4
02.130
Resolution No. R-02-39 - Tentative Adoption of Millage Rate for Calendar Year
2002 (Finance Transmittal 9/4/02, Draft R-02-39, DR420)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A
MILLAGE RATE OF4.5904 MILLS FOR THE CALENDAR YEAR 2002 AND ALLOCATING SAME TO
THE FISCAL YEAR BEGINNING OCTOBER 1,2002 AND ENDING SEPTEMBER 30, 2003; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-02-41 - Tentative Adoption of Budget for Fiscal Year
2002/2003 (Finance Transmittal 9/4/04, Draft R-02-41, Schedule A)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND
ENDING SEPTEMBER 30, 2003; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING
EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTSON THE
BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, CAPITAL
IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN
SCHEDULE "A" ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO
IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
02.016 C.
15-18
Resolution No. R-02-40 - Reaffirmation and Adoption of Maximum Stormwater
Rate Per Equivalent Residential Unit and Adoption of Assessment Roll (Finance
Transmittal 9/4/02, R-02-40)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REAFFIRMING AND ADOPTING THE
MAXIMUM STORMWATER UTILITY RATE OF $4.00 PER MONTH PER EQUIVALENT RESIDENT[AL
UNIT: ADOPTING THE ASSESSMENT ROLL FOR THE FISCAL YEAR OCTOBER I, 2002 THROUGH
SEPTEMBER 30, 2003; PROVIDING FOR CONFLICTS: AND PROVIDING FOR AN EFFECTIVE DATE.
7. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
02. L~5 A.
Presentation by Dave Fisher, Dept. of Engineering Relative to Water
Table Levels
CONSENT AGENDA
All items on the con3ent agenda are considered routine and will be enacted by one motion. There will be no separate
discussion of consent agenda items unless a .wmber of City Count'il so requests; in which event, the item will be removed
and acted upon separately.
19-_~4 A. Approval of Minutes - 8/28/02 Regular Meeting
o2,o~9 B.
35-48
Authorize the Execution of a Project Agreement for the Florida Recreation
Development Assistance Program and Appropriate $200,000 Matching
Contribution for the Riverview Park Expansion Project (City Manager
Transmittal 8/27/02, Agreement)
o2.192 C. Accept Surplused Ambulance from Indian River County Commission and Assign
49-_50 to Police Department (PD Transmittal 8/29/02)
02.~9.*D. Authorize a G.R.E.A.T. Grant Application in the Amount of $42,000.00 From
51-54 the U. S. Dept. of Treasury (PD Transmittal 8/29/02, Narrative)
o2.~76 E. Authorize the Purchase of Fiber Optic Cable, Warning Tape and Pull Boxes
55.58 From Alternative Vendor, Solutions4SURE (Finance Transmittal 9/4/02, E-mail)
02.194 F.
59-62
Authorize Councilman Coniglio's Travel to Advanced Institute for Elected
Municipal Officials, November 1-2, 2002 at West Palm Beach (City Clerk
Transmittal 9/5/02, Info)
Resolution No. R-0242 - Establishing a Line of Credit Reserve for Use in
Providing Short-term Funding to the Airport to Cover Costs of Improvements
(Finance Transmittal 9/4/02, R-02-42)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ESTABLISHING A LINE OF CREDIT
RESERVE IN THE AMOUNT OF ONE MILLION DOLLARS ($1,000,000) WITH IN THE GENERAL
FUND FOR THE PURPOSE OF FUNDING IMPROVEMENTS AT THE SEBASTIAN MUNICIPAL
AIRPORT; ESTABLISHING THE USE OF FUNDS; ESTABLISH A RATE OF INTEREST;
ESTABLISHING A TERM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
7. PUBLIC HEARING
Prm'edures for public hearings: (R-99-21)
Mayor Opens Hearing
Attorney Read.¥ Ordinance or Resolution
Staff Presentation
Public Input- Limit ofTen Minutes Per Speaker
Staff Su.mmtion
Mayor Closes Hearing
Council Action
Anyone wishing to ~peak is asked to sign up before the meeting, when called go to the podium and state his or her name for the record
02.196 A.
67-74
Resolution No. R-02-37 - Golf Course Rate Change (Golf Transmittal 9/3/02,
R~02-37)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING
TO FEES AT THE SEBASTiAN MUNICIPAL GOLF COURSE; AUTHORIZING THE GOLF COURSE
DIRECTOR TO MAKE ADJUSTMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR
AMORTIZATION OF MEMBERSHIPS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
8. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
9. COMMITTEE REPORTSLRECOMMENDATIONS
02.051 A.
75-82
Construction Board
1. Interview, Unless Waived, and Appoint One Concerned Citizen Position
(City Clerk Transmittal 9/5/02, Application, Ad, List)
10. OLD BUSINESS
11. NEW BUSINESS
o2.197 A. Airport Lease Agreement with Sheltair Sebastian, LLC (Airport Transmittal
83-202 9/4/02, Lease Agreement)
12. ATTORNEY MATTERS
13. MANAGER MATTERS
14. CITY CLERK MATTERS
15. CITY COUNCIL MATTERS
A. Mayor Barnes
B. Mr. Hill
C. Mr. Majcher
D. Mr. Barczyk
E. Mr. Coniglio
17.
ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of
City Council)
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS.
Regular City Council Meeling are Scheduled Ibr Live Bmadcasl on A T & T Broadband Channel 25
2002 City Council Meetings:
Regular Meeting - Wednesday, September 25, 2002 - 7 pm
Regular Meeting - Wednesday, October 9, 2002 - 7pm
Regular Meeting - Wednesday, October 23, 2002- 7pm
~ OF PF.L,1CAN ISU~D
City of Sebastian, Florida
Subject: Resolution No. R-02-39 AgendaNo. 0/2, / 3 0
Adoption of Millage Rate for Calendar Year
2002. Department Origin: Finance~-'~
~~ffy M~lDate Submitted: September 4, 2002
~-' ~'e~// - ~ [ For Agenda of: September l2, 2002
Exhibits: ~ Draft of Resolution No. R-02-39
~ Copy of DR 420 Certification of Taxable Value
EXPENDITURE
REQUIRED: N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
In accordance with Florida Statute 200.065 (7)(a.)(1.), City Council is required to tentatively adopt
a millage tax rate for calendar year 2002 and for the budget year beginning October 1, 2002 and
ending September 30, 2003 at the first public hearing in which the budget is presented.
The proposed millage tax rate of FOUR AND FIVE NINE ZERO FOUR THOUSANDTHS
(4.5904) MILLS is 1.98% greater than the "rolled-back" tax rate of 4.5013 mills and will provide
sufficient operating revenue for the proposed budget for fiscal year 2002/2003.
Attached is a draft of Resolution R-02-39 which will be read for adoption on September 25,2002.
RECOMMENDED ACTION
Move to tentatively adopt Resolution R-02-39 establishing the millage tax rate of 4.5904 mills for
calendar year 2002.
RESOLUTION NO. R-02-39
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE
RATE OF 4.5904 MILLS FOR THE CALENDAR YEAR 2002
AND ALLOCATING SAME TO THE FISCAL YEAR
BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER
30, 2003; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
.Section 1. MILLAGE RATE LEVY. There is hereby Levied an Ad
Valorem Tax of FOLrR AND FIVE N1NE ZERO FOUR THOUSANDTHS (4.5904)
MILLS against alt real and tangible personal property for the calendar year (January 1,
2002 through December 31, 2002) and the resulting tax revenue is hereby appropriated
for the General Operating Fund of the City of Sebastian for the fiscal year beginning
October, 1, 2002 and ending September 30, 2003.
Section 2. ROLLED-BACK RATE. The tax rate established in Section 1.
is 1.98% higher than the computed "rolled-back" tax rate of 4.5013 mills.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 4. EFFECTIVE DATE.
immediately upon its adoption.
This resolution shall take effect
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
into a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor James A. Hill
Cotmcilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember Raymond Coniglio
and, upon being put
The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of
September, 2002.
CITY OF SEBASTIAN, FLORIDA
By:.
Walter Barnes, Mayor
ATTEST:
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for the
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
ECTION tl~=
2002
FI~T A I'~ TV'~R
) Current Year Taxable Value of Real Properly for Operating Purposss
Current year Ta)~able Vatus of Personal Property fen 0Perating Purposes~
Current Year Taxable Value of Centrally Assessed property for Operating Purposes
Current Yss£Gross Taxab · Va ue for Operal ng Purposss (t) + (2) + (3)
5). Current year Net.New;Ta~able Value (New Construnt~0n ~- Addllions +-Rehabilitative
ImproYements Increasing Assessed Value By At Least 100%.+ Annexations - Deletions)
~) Current Year Adjusted~Taxablo Value (4)~- (5)
7) PrlorYear~FInaI-Gro~s~Taxable Value
(From PriorYssr Applicable Form DR-403Serlss)
CERTIFICATION OF TAXABLE VALUE
Year
County -" To
CITer OF oEBAST~AI~
DR420
R.01/95
~ (Name of Taxing Authedty)
$ 38.889,519
$; 33,858
S 585~45,1~ 7£5
o hereby centfy the values shown herein to be cerreot to the~fERO ~'~CH best of my-knowledge endbelief.~g ~]~Witness my handoii~t~ and afficlal~grrature at_Ltl
,Florida, thlsthe day of ,2o-- .
Mlgnature or Pmparty Apprmssr
%XING AUTHORITY: IFthis portion of the form is.not=completed in FULL your Authoritywill be denied TRIM celtificatiou inapplicable, enter N/A or4)-.
d posslb y lose its mii age levy. privilege for the tax, year. If any IIn~ is
ECXlON'Ii~.-. '
5) Prior~Yea~ 0poraflngMillag~-Lew
9)" 'Plier YSar Ad Valorem Proceeds (7) x? (8)
0)' =C[~rmntYssr Rollod~Bac~Rate (9)+(6)
!) CurrentYssr Pmpssed O~eratlng M#lage Rate
2) Check TYPE of Taxing Autho~iy;
7~ -etolPrlor,yearProceeds: (9) +(16)~
8)' The Current'Yeat Aggregate Rolled-back Ra~e: (17) + (6)-
9) Current yssrAggregate RoUed-backTaxss: (41 x~(18)
Enter Total'of all non*voted Ad Valorem Taxes proposed tb ha levied bythe Principal
l'axingAuthority, eli Dependent Districts & MSTU'sJ~any. Line (14) x Line (4)
!1) Current Year Proposed .~ggl;egate Millage Rats: (20) * (4)
¢2r787,70'1
~er $1,000
!2) Current(Yssr Propessd Rule ss a PERCEN~ CHANGE ~fRolled-back Rate:
[(Line21 + Line18)- 1.00] x 100
ate. TlmeendPlaceofthefirstPublioBudgMHssrlng: Fj~..D~ffiJ3~"' I~, 20t)2~ ,~:(}0 0.~.~.
~oa~tia-n C~unci.l Ch,am.oers~ 1225 <,~a!n Skr~ot~ 3ebasttan. ~?L 32958
do-hereby ce~ the millages and rates shown'herein to be' corre~ tethe best of my knowledge a~d:belief, FURTHER;
~ that-alF~i~lages.comply ~th the provisions of Section 200.071 or 200.081 F.S. WITNESS my hand and official
~na~re ~t z/,~ ..... ~ ,~ ' F o~da th s the 3~' day of(Month and Year) ~4.~,
~MU~ and T~O~ Chief Adm~n~tmUve O~cer - Addre~ of Ph~ic~l Loc~fl~
~iling Address Name of Co~[ Eer~
Stats Zip Ph~ ~
SEE INSTRUCTIONS ON REVERSE SIDE
%
City of Sebastian, Florida
Subject: Resolution R-02-41
Adoption of a Budget for Fiscal Year
2°°
Agenda No. 0 2, /'..~ ~)
Department Origin: Finance
Date Submitted: September 4, 200~~-~
For Agenda of: September 12, 2002
Exhibits:
Draft of Resolution R-02-41 and Schedule "A"
EXPENDITURE AMOUNT BUDGETED:
REQUIRED: N/A N/A
APPROPRIATION
REQUIRED: N/A
In accordance with Florida Statute 200.065, a tentative budget for fiscal year 2002/2003, beginning
October 1, 2002 and ending September 30, 2003, has been submitted to the City Cotmcil for review.
A Budget Workshop was held on August 21, 2002 for the purpose of providing Council
deliberations on the budget and public input. Following the Budget Workshop and in
conjunction with the information provided, several changes were made to the budget and are
enumerated below:
Description
General Fund Revenue: Federal Grants
Appropriation from PY Fund Balance
Total General Fund Revenue
SUMMARY
Net Tentative
Workshop Increase Proposed
Budget (Decrease) Budget
$ 51,127 $ (11,000) $ 40,127
$ 782,934 $ 8,308 $ 791,242
$ 9,046,662$ (2,692) $ 9,043,970
General Fund Expenditures:
City Manager $ 302,197 $ (3,403) $ 298,794
City Clerk $ 274,309 $ (2,342) $ 271,967
City Attorney $ 130,549 $ (1,478) $ 129,071
Finance $ 333,708 $ (674) $ 333,034
Management Information Services $ 109,957 $ (292) $ 109,665
Human Resources $ 184,449 $ (1,310) $ 183,139
Police Administration $ 166,556 $ (1,259) $ 165,297
Police School Resource Unit $ 117,568 $ 1,197 $ 118,765
Police Uniform Division
Police Community Policing Unit
Code Enfomement Division
Police Detective Division
Police Support Division
Police Dispatch Division
Engineering
Stormwater Utility
Roads and Drainage
Garage
Building Maintenance
Parks and Recreation
Cemetery
Growth Management
Building Department
1,606,043 6,500 $ 1,612,543
135,013 1,520 $ 136,533
96,846 926 $ 97,772
482,141 3,571 $ 485,712
284,898 (861) $ 284,037
384,268 (266) $ 384,002
406,629 1,853 $ 408,482
837,988 (6,528) $ 831,460
619,339 2,293 $ 621,632
166,543 (1,068) $ 165,475
223,511 (1,196) $ 222,315
724,510 3,125 $ 727,635
114,842 2,039 $ 116,881
218,885 (2,526) $ 216,359
386,946 (2,513) $ 384,433
Total General Fund Expenditures $ 9,046,662 $ (2,692) $ 9,043,970
Special Revenue Funds
River front Redevelopmeat Fund $ 190,224 $ 2,577 $ 192,801
Law Enforcement For feiture Fund $ 3,101 $ 10,000 $ 13,101
Golf Course Fund
Golf Course Revenue
Golf Course Administration
$ 1,607,897$ (19,387) $ 1,588,510
$ 896,592 $ (19,387) $ 877,205
Ah'port Fund
Airport Revenue $ 203,937 $ 155 $ 204,092
Airport Administration $ 203,937 $ 155 $ 204,092
Total Budget $ 19,784,834 $ (9,347) $ 19,775,487
The above changes are further explained as follows:
General Fund Revenue:
Federal Grants - Decrease results from removal of the LLEBG from the budget in the
amount of $11,000.
Appropriation from Prior Year Fund Balance - Increase results from the offset increase in
funding health insurance.
General Fund Expenditures - Increases and decreases reflect changes in health insurance
estimates based upon the choice of Florida League of Cities Silver Plan and changes in
Dental Insurance.
Special Revenue Funds:
Riverfront Redevelopment Fund - Increase results from a more definitive millage rate
from the County for funding purposes.
Law Enforcement Forfeiture Fund - Increase results from funding purchase of canine
from donations and associated costs.
Golf Course Fund - Decrease in revenue results from a decrease in expenditures for
Worker's Compensation and Health Insurance which offsets mount being appropriated
fi.om Retained Earnings.
Airport Fund - Increase results from an increase in insurance offset by an increase in amount
being appropriated from retained earnings.
The result is the Proposed Budget for Fiscal Year 2002/2003 that has been provided to Council for
review.
RECOMMENDED ACTION
Move to tentatively approve thc proposed budget for Fiscal Year 2002/2003 and authorize
advertisement for same.
RESOLUTION NO. R-02-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING
THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 2002 AND ENDING SEPTEMBER 30, 2003; MAKING
APPROPRIATIONS FOR THE PAYMENT OF OPERATING
EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL
AND INTEREST PAYMENTS ON THE BOND AND OTHER
INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND,
SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL
IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT
FUND AS PROVIDED FOR IN SCHEDULE "A' ATTACHED
HERETO, ESTABLISHING AUTHORITY OF THE CITY
MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted a Proposed Budget for the City of
Sebastian for the fiscal year beginning October 1, 2002, and ending September 30, 2003;
and
WHEREAS, the City Council held a Workshop on the Proposed Budget for the City
of Sebastian on August 21, 2002; and
WHEREAS, on September 12, and September 25, 2002, the City Council conducted
Public Hearings on the Proposed Budget,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The City Manager's Proposed Budget is hereby adopted for the Fiscal
Year beginning October 1, 2002 and ending September 30, 2003.
Section 2. The amounts shown on the attached Schedule "A" are hereby appropriated
out of the Treasury of the City, including any revenues accruing to the City available for
purposes of the City's budgetary accounts.
Section 3. The City Manager is hereby authorized and directed to proceed with the
implementation of the service programs and projects provided for in the budget. Such
implementation is to be consistent with the provisions of the City Code of Ordinances and
policies established by the City Council.
Section 4. The City Manager is authorized to make budget adjustments within
budgetary accounts, as he deems appropriate. He is further authorized to make budget
adjustments between budgetary accounts when necessary to implement programs,
projects, and expenditures authorized by the City Council. All other budgetary
adjustments will require prior approval by the City Council.
Section 5. If any clause, section, or other parts of this Resolution shall be held by any
Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the
other provisions of this Resolution.
Section 6. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 7. This Resolution shall become effective October 1, 2002.
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 James A. Hill
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember Raymond Coniglio
The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of
September, 2002.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
Walter Barnes, Mayor
Sally A. Maio, CMC City Clerk
Approved as to form and legality for the
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
ATTACHMENT TO RESOLUTION R-02-41
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2002/2003
GENERAL FUND
REVENUE:
001501
001501
001501
001501
001501
001501
001501
001501
Taxes
Licenses and Permits
Intergovernmental
Charges for Services
Fines and Forfeits
Miscellaneous
Transfers In
Cash Balance Carryforward
Total Revenue
EXPENDITURES:
010001
010005
010009
010010
010020
010021
010035
010041
010042
010043
010044
010045
010047
010048
010049
010051
010053
010052
010054
010056
010057
010059
010080
010085
010099
Legislative
City Manager
City Clerk
City Attorney
Finance
Management Information Services
Human Resoarces
Pohce Administration
Police School Resource Unit
Pol/ce Un/form Division
Police Community Policing Unit
Code Enforcement Division
Police Detective D/vision
Police Suppol~ Division
Police Dispatch Division
Engineering
Stormwater Utility
Roads and Drainage
Garage
Building Maintenance
Parks and Recreation
Cemetery
Growth Management
Building Department
Non-depamnental
Total ExpencY~tures
$ 4,966,982
558,848
1,708,857
252,243
130,927
163,749
47t,122
791,242
$ 9,043,970
$ 42,782
298,794
271,967
129,071
333,034
109,665
183,139
165,297
118,765
1,612,543
136,533
97,772
485,712
284 037
384 002
408 482
831 460
621 632
165 475
222 315
727 635
116 881
216 359
384 433
696 185
$ 9,043,970
SPECIAL REVENUE FUNDS
LOCAL OPTION GAS TAX FUND
120010REVENUE
Taxes
MisceHaneous
Total Revenue
$ 665,457
11,947
$ 677,404
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2002/2003
LOCAL OPTION GAS TAX FUND (continued)
120051 EXPENDITURES
Operating
Debt Service
Transfers out
Total Expenditures
DISCRETIONARY SALES TAX FUND
130010 REVENUE
Taxes
Miscellaneous
Total Revenue
130051 EXPENDITURES
Transfers out
Non-operating
Total Expenditures
RiVERFRONT REDEVELOPMENT FUND
140010 REVENUE
Taxes
Miscellaneous
Total Revenue
140051 EXPENDITURES
Operating
Transfers out
Total Expenditures
RECREATION IMPACT FEE FUND
160010 REVENUE
Miscellaneous
Total Revenue
160051 EXPENDITURES
Transfers out
Non-operating
Total Expenditures
STORMWATER UTILITY FEE FUND
160010 REVENUE
Miscellaneous
Total Revenue
160051 EXPENDITURES
Operating
Transfers out
Non-operating
Total Expenditures
2
$ 194,718
300,000
150,000
$ 677,404
$ 1,946,217
29,609
$ 1,975,826
$ 1,881,417
94,409
$ 1,975,826
$ 190,137
2,664
$ 192,801
$ 59,780
130,444
$ 192,801
$ 248,982
$ 248,982
$ 190,000
58,982
$ 248,982
$ 737,574
$ 737,574
$ 5,000
145,322
587,252
$ 737,574
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2002/2003
SPECIAL REVENUE FUNDS continued
LAW ENFORCEMENT FORFEITURE FUND
140010 REVENUE
Fines and Forfeitures
Miscellaneous
Total Revenue
140051 EXPENDITURES
Operating
Capital Outlay
Non-operating
Total Expenditures
G.1LE.A.T. PROGRAM FUND
140010 REVENUE
Intergovernmental
Miscellaneous
Total Revenue
140051 EXPENDITURES
Operating
Total Expenditures
DEBT SERVICE FUND
201010 REVENUE
Miscellaneous
Non-operating
Total Revenue
201051 EXPENDITURES
Operating
Debt Service
Total Expend'torres
CAPITAL PROJECTS FLrNDS
REVENUE
General Fund
Local Option Gas Tax
Discretionary Sales Tax
Riverfront Redevelopment District Fund
Recreation Impact Fee Fund
Golf Course Fund
Airport Fund
Grants and Other Revenues
Total Revenue
3
$ 2,000
1,101
13,101
200
5,000
7,901
13,101
32,000
50
32,050
32,050
32,050
23,826
40,790
64,616
210
64,406
64,616
284,000
150,000
1,570,617
130,444
190,000
32,500
286,500
2,352,500
4,996,561
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2002/2003
CAPITAL PROJECTS FUNDS(conitnued)
EXPENDITURES
Roads
Sidewalks
Recreation
Public Facilities
Airport
Debt Service
Total Expenditures
GOLF COURSE FUND
41OO1O REVENUE
Charges for Services
Other Non-operating
Cash Balance Carryforward
· Total Revenue
EXPENSES
410110 GOLF COURSE ADMINISTRATION DIVISION
Personal Services
Operating Expenses
Debt Service
Total GC Administration Division
410120 GOLF COURSE GREENS MAINTENANCE DIVISION
Operating Expenses
Capital Outlay
Total GC Greens Maintenance Division
410130 GOLF COURSE CARTS DIVISION
Personal Services
Operating Expenses
Total GC Carts Division
Total Golf Course Expenses
AIRPORT FUND
450010 REVENUE
Charges for Services
Other Non-operating
Cash Balance Carryforward
Total Revenue
4501 i0 EXPENSES
Personal Services
Operating
Capital Outlay
Total Expenses
762,000
189,368
415,000
620,500
2,855,000
154,693
4,996,561
1,518,053
18,731
51,726
1,588,510
268,538
298,777
309,890
877,205
544,559
51,000
606,881
46,174
58,250
104,424
1,588,510
169,207
10,225
24,660
204,092
123,741
77,309
3,042
204,092
HOME OF PELI~ 15LAND
City of Sebastian, Florida
Subject: Resolution No. R-02-40
Reaffirmation and adoption of the maximum
stormwater rate per equivalent residential unit
and adoption of Assessment Roll.
A~ Sub~.~ City Manager
Agenda No. 02, 0!(~
Department Origin: Financ~~'-~'~
Date Submitted: September 4, 2002
For Agenda of: September 12, 2002
Exhibits:
~' Resolution No. R-02-40
EXPENDITURE N/AMOUNTA BUDGETED:
REQUIRED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
In accordance with Florida Statute 197.3632 (4)(a.)2., City Council is required to adopt an
assessment roll if the boundaries of a municipality change since the adoption of the original
assessment roll. The City has annexed land, more commonly known as Laurel Reserve, consisting
0/'80 acres that has changed the City's boundaries.
As far as the maximum stormwater utility rate is concerned, since the boundaries changed, the
reaffirmation of this rate would be appropriate even though it is spelled out in our ordinance.
RECOMMENDED ACTION
Move to adopt Resolution R-02-40.
RESOLUTION NO. R-02-40
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
REAFFIRMING AND ADOPTING THE MAXIMUM
STORMWATER UTILITY RATE OF $4.00 PER MONTH
PER EQUIVALENT RESIDENTIAL UNIT; ADOPTING THE
ASSESSMENT ROLL FOR THE FISCAL YEAR OCTOBER 1,
2002 THROUGH SEPTEMBER 30, 2003; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, City Council adopted Ord'mance No. O-01-16, establishing a
Stormwater Utility; and
WHEREAS, Ordinance No. O-01-16 established the maximum stormwater
utility rate of $4.00 per month per Equivalent Residential Unit (ERU); and
WHEREAS, the City of Sebastian expanded its boundaries via annexation
during the current year resulting in the necessity to adopt the assessment roll for
the stormwater utility fee.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, that:
Section 1. MAXIMUM STORMWATER UTILITY RATE. The
maximum stormwater utility rate is reaffirmed and adopted at four dollars ($4.00) per
month per equivalent residential trait for the collection year October 1, 2002 through
September 30, 2003 as provided in Sebastian Code of Ordinances Section 102-125.
Section 2. ASSESSMENT ROLL. The assessment roll for the fiscal year
October 1, 2002 through September 30, 2003, as provided to the Indian River County
Property Appraiser's office is hereby adopted.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 4. EFFECTIVE DATE.
immediately upon its adoption.
This resolution shall take effect
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
into a vote, the vote was as follows:
Mayor Waiter Barnes
Vice-Mayor James A. Hill
Cotmcilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember Raymond Coniglio
and, upon being put
The Mayor thereupon declared this Resolution duly passed and adopted this 12th day of
September, 2002.
CITY OF SEBASTIAN, FLORIDA
By:
Waiter Barnes, Mayor
ATTEST:
Sally A. Ma'lO, CMC City Clerk
Approved as to form and legality for the
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
CITY OF
HOME OF PELICAN ISLAND
CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, AUGUST 28, 2002, 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y 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 of ten minutes per speaker (R-99-21)
1. The Mayor called the Regular Meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
The Invocation was given by Rev. Alan Yarborough of First Baptist
Church.
4. ROLL CALL
City Council Present:
Mayor Walter Barnes
Vice-Mayor James Hill
Mr. Joe Barczyk
Mr. Ray Coniglio
Mr. Ed Majcher
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Growth Management Director, Tracy Hass
Public Works Director, Terry Hill
Airpor~ Director, Jason Milewski
Human Resources Director, Jim Sexton
Police Lt. Bob Lockhart
Regular City Council Meeting
August 28, 2002
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a majority vote of City Council
Members (R-99-21)
Mayor Barnes requested that Item D - Brief Presentation by Mr. Wally
Kramer be added.
6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
GFWC Sebastian River Junior Woman's Club 25th Anniversary
Proclamation -To Be Read By Mayor Barnes
Mayor Barnes read the proclamation and noted it will be presented to the
group at its anniversary celebration.
02.028
Certificate of Appreciation to Tut Connell¥ for Code Enfomement
Board Service
Mayor Barnes presented the certificate of appreciation to Tut Connelly.
C. Proclamation Commemoratin.q the Events of September 11, 2001
Mayor Barnes read and presented the September 11, 2001 proclamation to
Councilmember Ed Majcher.
02.183
D. American Character Week Proclamation - Character Counts Coalition
of Indian River County - The Honorable Jud.qe Joe Wild - Chairman -
Accepting
Mayor Barnes read and presented the proclamation to Carole Johnson.
Walty Kramer, challenged City Council, Chamber of Commerce and
Sebastian Property Owners to enter the wacky raft race to be held at
the Sebastian Clambake festival.
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 w~ll be removed and acted upon separately.
A. Approval of Minutes - 8/14/02 Workshop
B. Approval of Minutes - 8/14/2002 Regular Meeting
Regular City Council Meeting
August 28, 2002
Page Three
C. Approval of Minutes - 8/21/02 Budget Workshop
02.185 D.
Approve City Employee Picnic NB at Community Center 9/21/02
(City Manager Transmittal 8/13/02, Application)
02. 186 E.
Authorize the Expenditure of $141,298.42 to Asphalt Recycling in
Accordance with the Approved Contract Prices and Authorize Staff to
Execute a Contract with Dickerson Florida, Inc. for Paving Based on
Piggyback Prices from the Indian River County Contract (Engineering
Transmittal 8/22/02, List, Letter, Contract)
02. 187 F.
Resolution No. R-02-38 - Vacation of Easement - Lot 11, Block
405, Sebastian Highlands Unit 11 (GMD Transmittal 8/21/02.
R-02-38, Site Map, Staff Report, Application, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 11, BLOCK 405, SEBASTIAN
HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR
RECORDING, PROVIDING FOR EFFECTIVE DATE.
02.188 G.
Award Contract for Construction of the Pad and Wall Portion of
the Veterans Memorial to Chilberg Construction of Vero Beach in the
Amount of $21,900.00 (Engineering Transmittal 8/21/02, Bid
Tabulation Form)
02.030 H.
Approve LPA Group Work Authorization ~ Engineering for Bidding
of Phase 1 of Runway 9-27 (Airport Transmittal 8/22/02, Letter, Cost
Breakdown)
The City Attorney read Resolution No. R-02-38 by title, and Mr. Hill removed
item E.
MOTION by Conglio/Bamzyk
"1 move we accept items A-D and F-H."
ROLL CALL:
Mayor Barnes - aye
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
Regular City Council Meeting
August 28, 2002
Page Four
Item E
In response to Mr. Hill, the City Manager confirmed that water pipes would be
installed before the paving takes place.
MOTION by Hill/Coniglio
"Very well, on that I move approval of consent agenda Item E."
ROLL CALL:
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - aye
Mayor Barnes - aye
MOTION CARRIED 5-0
8. PUBLIC HEARINGS
A. Hearin.q of Appeal - Plannin.q and Zoninq Commission Denial of
Site Plan for Capt'n Butcher's Floodtide (City Attorney Transmittal
8/22/02, Evidence Submitted to Planninq & Zoning) {Advertised PJ Leqal)
Mayor Barnes opened the public hearing and the City Attorney advised City
Council of the following:
· Council must consider the appeal on the record presented to Planning and
Zoning
· The applicant, staff and affected parties may argue as to how the facts
before Planning and Zoning support the denial or require approval
· Modifications may be proposed but without factual support
· If new information is desired, it is preferred the matter be remanded back to
Planning and Zoning
He sited that Council may:
· uphold the denial of the site plan application;
· overturn the denial and grant approval of the site plan; or
· approve the site plan with modifications, conditions, or in any other
manner which the Planning & Zoning Commission could have
addressed the matter
He noted that four affirmative votes of the Council are required to overturn the
denial.
Regular City Council Meeting
August 28, 2002
Page Five
John King, addressed City Council and responded to their questions. Mr.
Coniglio suggested a crosswalk midpoint in the Jackson Street extension.
The Growth Management Director said this would result in removing at least
four parking spaces, which would require a special variance. Mr. King said
he could provide a crosswalk in the median.
Mr. King said provisions for irrigation of the median have been provided.
Mayor Barnes suggested the developer be asked to enter into an agreement
to allow shared parking. The City Attorney said the developer could have
applied for a reduction in parking requirements due to mixed uses proposed,
and staff could have recommended joint use. Mayor Barnes said he wanted
to avoid other developers coming in and asking for similar consideration. The
City Attorney cited section 54.3-15.4 (b) LDC. He said some of the parking
spaces in Jackson would not have been required, and spaces could be
eliminated to accommodate a crosswalk.
The Growth Management Director said the hotel/motel proposed use makes
the use conditional in this zoning. Mr. Majcher expressed concern about
trailer parking, and Mr. King said they did not prefer trailer parking and would
look at off-site storage. Mr. Hill said there is no sidewalk on the north side to
connect a crosswalk to. He said he would rather see trees in the median
than a crosswalk, and that reduction of the speed limit would do a better job.
The Growth Management Director said a traffic study would have to be
conducted first. Mr. Barczyk suggested rumble strips and Mr. Hill noted it will
be city right-of-way. The Growth Management Director said by reducing
parking spaces, public spaces will be reduced as well.
Mr. Majcher suggested eliminating three parking spaces on the south side to
provide access to the adjacent land discussed during the CRA meeting. The
City Attorney said at least two or three spots could be eliminated, but it would
be up to the developer to work out arrangements with the adjacent property
owner.
The Growth Management Director highlighted other elements of the multi-use
commercial/retail/residential five building proposed development. He said
any imposed conditions will have to be reflected in a revised plan before
construction takes place.
Becky Hoch, adjacent property owner, 1724 N. Central Avenue said it was
not her intention to blindside the developers, that it was her understanding
that the city owned the right-of-way, said she hoped some parking spaces
could be traded.
TAPE I - SIDE II (8:08 p.m.)
Regular City Council Meeting
August 28, 2002
Page Six
Lisanne Monier, read a letter into the record, suggesting revisions to the plan
as to intensity and for the protection of the riverfront.
Damian Gilliams, suggested that a sidewalk be added on the south side of
Jackson to US 1. The City Manager said there is a sidewalk proposed in
front of the Community Center at this time for fiscal 2002/2003.
Sal Neglia, objected to the discussed crosswalk.
MOTION by Coniglio/Hill
"I'd like to move that we overturn the denial and grant approval of the
site plan with the addition of the stop signs as proposed by the--as proposed."
Mr. Hill noted that the street will be city right-of-way and the city can conduct
the appropriate studies and accomplish whatever is necessary.
Mr. Majcher said he wanted to add the access to other property owners. Mr.
Hill said the only way that could be done is to purchase the land and reduce
the parking requirements, and that is a responsibility of the landlord to
pumhase the needed land.
ROLL CALL:
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - nay
Mayor Barnes - aye
MOTION CARRIED 4-1 (Majcher- nay)
Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at
8:33 p.m. All members were present.
02.189
First Public Hearinq on Ordinance No. O-02-13- Sebastian River
Landinqs Comprehensive Land Use Amendment for 72 Acre Planned
Unit Development - CR510 and CR512 - For Transmittal to DCA
(Growth Manaqement Director Transmittal 8/21/02, O-82-13,
Conceptual Plan, Location Map, and P & Z Recommendation)
AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, APPROVING AN
AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE
FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE
CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL (LDR) AND
COMMERCIAL LIMITED FOR ANNEXED LAND WITH A PRIOR COUNTY
LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS
PER ACRE (L-l) FOR LAND CONSISTING OF 72.45 ACRES, MORE OR
LESS, KNOWN AS SEBASTIAN LANDINGS; AUTHORIZING FINDINGS
AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE
DATE. (Advertised PJ Display)
Regular City Council Meeting
August 28, 2002
Page Seven
Mayor Barnes opened the public hearing at 8:34 p.m. and the City Attorney read
the Ordinance by title. He advised that the acreage is actually 66.912 acres due
to the removal of a lateral canal and that as a first reading this is allowable since
it is a reduction, not an increase.
The Growth Management Director presented the proposed comprehensive land
use plan amendment for property scheduled for annexation based on City
Council favorable action on land use and rezoning. He advised that with Council
approval, the land use will be transmitted to the Department of Community Affairs
and upon return with comments, scheduled for a second hearing.
It was noted that this was an area considered during the impact analysis study.
The Growth Management said lot sizes have not yet been determined and will be
addressed in the preliminary development plan.
Mr. Majcher asked if Council could set a minimum lot size when considering
whether or not to annex this property, due to the fact that this is the gateway to
the City. The Growth Management Director said the PUD ordinance allows
flexibility. The City Attorney said special concerns can be incorporated.
Discussion took place on the density of 3.5 units per acre as requested.
Tim Jelus, 1688 West Hibiscus Boulevard, Melbourne, described the types of
deed restricted developments they provide, which require a higher density to
offset improvements such as curb and gutter, elaborate landscaping, open
recreation area, brick entrances, lighting, fountains, etc. He said the average
home will be 1800 to 2000 square feet at an average cost of approximately
$150,000.
MOTION by Majcher/Hill
"1 would make a motion than that we would approve it based on what
the county would go for which would be 3.0 units per acre as opposed to 3.5."
The City Attorney advised that the approval being requested is only Iow
density residential land use for transmittal to the Department of Community
Affairs and that the appropriate time for this motion is during the next item.
The motion was withdrawn.
Jack Davis, addressed City Council on history of development in this area.
Dan Bryant, Vero Beach, supported the annexation.
TAPE II - SIDE I (9:17p.m.)
Regular City Council Meeting
August 28, 2002
Page Eight
Wesley Davis, encouraged Council's attention to this annexation.
Pete Connelly, Land Acquisition Agent for McCauley Development, urged
approval.
Shed Reichert, 772 Cavern Terrace, Sebastian, expressed concern about
impact of annexation, suggesting imposing assessments for future needs.
The City Attorney apologized for allowing density to be discussed at this
stage and recommended that the testimony given be submitted as evidence
with the conceptual plan.
MOTION by Bamzyk/Majcher
"1 recommend we hold first reading and public hearing for Ordinance
No. O~02-13, and move to authorize staff to transmit the proposed land use
amendment to the Florida Department of Community Affairs for review."
The City Attorney clarified the motion included the amended acreage.
ROLL CALL:
Mr. Bamzyk - aye
Mr. Coniglio - aye
Mr. Majcher - aye
Mayor Barnes - aye
Mr. Hill - aye
MOTION CARRIED 5-0
02.189
First Public Hearinq on Ordinance No. O-02-14- Sebastian River
Landinqs Conceptual Development Plan and Rezoninq for 72 Acre
Planned Unit Development- CR510 and CR512 -2"~ Public Hearing
to be Conducted at a Later Date (Growth Mana.qement Director
Transmittal 8/21/02, O-82-14, Conceptual Plan, Location Map1 and P
& Z Recommendation)
This item is Quasi-Judicial
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN
INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT
RESIDENTIAL (PUD-R) AND COMMERCIAL LIMITED (CL) FOR ANNEXED LAND
WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR
LAND CONSISlTING OF 72.45 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN
LANDING; 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 the Ordinance by title, clarified that this is the first of
two hearings. Mayor Barnes opened the hearing at 9:29 p.m. There was no
ex-parte communication to disclose. The City Clerk swore in the Growth
Management Director and the applicant, Timothy Jelus. The City Attorney
asked them to swear by their previous testimony for this quasi-judicial matter.
Regular City Council Meeting
August 28, 2002
Page Nine
MOTION by Majcher/Hill
"Hold a first public, excuse me, hold a first reading and public hearing
of Ordinance No. O-02-14 as amended with 66.912 acres at 3 units per acre."
ROLL CALL:
Mr. Coniglio - aye
Mr. Majcher - aye
Mayor Barnes - aye
Mr. Hilt - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
02.094 D.
Public Hearing on Resolution No. R-02-36 - Laurel Reserve
Preliminary Development Plan for Proposed 80 Acre Planned Unit
Development (Growth Management Director Transmittal 8/21/02, R-
02-36, Preliminary Plan, Location Map1 P & Z Recommendation)
This item is Quasi-Judicial
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE
PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A
PLANNED UNIT DEVELOPMENT KNOWN AS LAUREL RESERVE; PROVIDING
FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Resolution No. R-02-36 by title and Mayor Barnes
opened the public hearing at 9:33 p.m. There was no ex-parte
communication to disclose. The applicant was not in attendance and there
was no public input.
MOTION by Hill/Barczyk
"1 move to approve Resolution No. R-02-36.
ROLL CALL:
Mr. Majcher - aye
Mayor Barnes - aye
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
MOTION CARRIED 5-0
=
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
Mort Smedley, addressed City Council on the traffic and road condition
problems on Barber Street and Powerline Road. The City Manager
responded on work that is being currently conducted in that area. The Public
Works Director noted that Council approved the paving of a portion of
Powerline Road tonight.
l0
Regular City Council Meeting
August 28, 2002
Page Ten
10. COMMITI'EE REPORTS/RECOMMENDATIONS - none.
11. OLD BUSINESS
02.164 A.
Developer's A.qreement between the City of Sebastian and Capt'n
Butcher1 Inc. a Florida Corporation1 for Construction of the Jackson
Street Extension (Growth Manaqement Director Transmittal 8/21/02,
A.qreement, Analysis1 Cost Estimate1 Appraisal1 Survey)
The City Manager sought direction from Council regarding this public/private
partnership.
John King, described costs for the project as cited on circle page 162 of the
agenda packet and said this is a fair deal for both par~ies.
City Council members expressed their views and concern for the adjacent
property owner. Mr. King said this access is not a city issue but that they are
not shutting the door on surrounding property owners.
MOTION by Hill/Coniglio
'1 move approval of the developer's agreement between the
City of Sebastian and Capt'n Butcher's Inc., a Florida Corporation for
the construction of a Jackson Street extension."
ROLL CALL:
Mayor Barnes - aye
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
12. NEW BUSINESS
02. 190
Employee Health and Dental Insurance (Transmittal 8/22/02,
Commentary, Appendices A-E}
The City Manager gave a brief presentation and introduced Mr. Kurt
Gehring of the Gehring Group, West Palm Beach.
(See copy of power point presentation by the Gehring Group
attached.)
Kurt Gehring addressed City Council and recommended the Florida
League of Cities Silver plan.
Regular City Council Meeting
August 28, 2002
Page Eleven
The Human Resources Director presented a table representing
current employee costs, and proposed costs for the Florida League of
Cities silver and gold plans. He said the other issue to be resolved is
whether or not to cover the costs over the $3,900 cap set out in the
CWA contract. (see agenda page 170 attached)
TAPE II - SIDE II (10:20 p.m.)
Antoine Van Meir, representing CWA employees questioned the vote
of the insurance committee and the HR Director noted it was 4-2 for
the Florida League of Cities gold plan. Mr. Van Meir said the union
voted for the gold plan, and would like the Council to pick up the extra
cost.
Steve Marcinik, representing the police union and the employee
insurance committee, recommended the gold plan.
The Human Resources Director noted that the police union per
employee cap is $8500.
MOTION by HilVBamzyk
"I'd like to make a new motion not to extend past 11 ."
ROLL CALL:
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - aye
Mayor Barnes - aye
MOTION CARRIED 5-0
The City Attorney advised that Mr. Hill had no conflict of interest due to his
relationship to an exempt employee because exempt employee benefits are a
management decision.
Discussion followed regarding the cost the City would absorb. The
City Manager stated the total cost would be $15,000 for silver plan
and the City could absorb that cost.
MOTION by Hill/Coniglio
"That is what I would support."
Regular City Council Meeting
August 28, 2002
Page Twelve
ROLL CALL:
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - aye
Mayor Barnes - aye
Mr. Hill - aye
MOTION CARRIED 5-0
13. CITY ATI'ORNEY MATTERS
02.191 A.
Seek Council Direction Concerning Utility Franchise Fee Charqes
Aqainst School Property (No Backup)
The City Attorney had submitted a memo prior to the meeting (see
attached) relative to litigation filed against the City by the School
Board relative to the utility franchise fee, and requesting a refund of
past payments. He said the School Board had submitted an offer to
drop the past charged payments if the City will agree not to apply the
fee to them in the future. He said if Council wants to continue to
collect the charge the ordinance should add "institutional", however,
he did not recommend adding another charge to the school system,
and said he felt it was a fair deal.
MOTION by Hill/Majcher
"Mr. Mayor on that, I woutd move to accept the settlement and
no longer charge the schools."
ROLL CALL:
Mr. Coniglio - aye
Mr. Majcher - aye
Mayor Barnes - aye
Mr. Hill - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
The City Attorney said he will be taking vacation time until the clambake is
over.
14. CITY MANAGER MATrERS
None.
15. CITY CLERK MATTERS
None.
13
Regular City Council Meeting
August 28, 2002
Page Thirteen
16. CITY COUNCIL MATTERS
A. Mr. Coniglio
None.
Mayor Barnes
-requested $800 for a Sebastian River High School band ad.
Council concurred
-received some word regarding people taking sand from the
spoil islands for Pelican Island
-read from a memo from the City Attorney regarding funding
for the clambake festival (see attached.)
MOTION by Coniglio/Hill
"1 would make a motion that we authorize the City to
transfer funds up to $2000 to the Sebastian Clambake Festival
as an on needed basis and I would add to that city accept
donations that come in and transfer them too or hand them
over too."
ROLL CALL:
Mr. Majcher - aye
Mayor Barnes - aye
Mr. Hill - aye
Mr. Bamzyk - aye
Mr. Coniglio - aye
MOTION CARRIED 5-0
The City Attorney advised that per the Public Works Director, the boat
parking area should be closed at noon Thursday prior to the
clambake. There was no objection.
C. Mr. Hill
None
D. Mr. Barczyk
-requested that Coolidge Street be utilized for parking during
special events
A. Mr. Maicher
None
Regular City Council Meeting
August 28, 2002
Page Fourteen
17.
Being no further business, Mayor Barnes adjourned the meeting at
10:52 p.m.
Approved at the September 12, 2002 Regular Council Meeting.
Walter W. Barnes
Mayor
Sally A. Maio, CMC
City Clerk
ts
CITY OF
HOME OF PELICAN ISLAND
IN THE MATTER OF:
Captain Butcher's Floodtide Marina
FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
THIS CAUSE came before Sebastian City Council on August 28, 2002 after due
notice to the Respondents, and based on the evidence presented the City Council made the
following motion:
MOTION by Coniglio/Hill
"I'd like to move that we overturn the denial and grant approval of the site
plan with the addition of the stop signs as proposed by the~as proposed."
ROLL CALL:
Mr. Hill -aye
Mr. Barczyk -aye
Mr. Coniglio -aye
Mr. Majcher -nay
Mayor Barnes -aye
MOTION CARRIED 4-1 (Majcher - nay)
DONE AND ORDERED in Sebastian, Florida this 28th day of August, 2002.
CITY OF SEBASTIAN, FLORIDA
A ST;
Sally
City Clerk
Walter W. Barnes, Mayor
Presiding Officer
HOME, O~ PF. LICAN ]SI,AND
Subject: Florida Recreation
Development Assistance Program
(FRDAP) Project Agreement
A~r~for ~S~b-~by: City Manager
Terrence ql. Moore
AgendaNo. ~)2, O! q
Department Origin:
General Services :_2~/_~
F'mance D e pt.~g~___~o/~ aT'-
Date Submitted: 08-27-02
For Agenda of.' 09-12-02
Exhibits: FRDAP Agreement between the State of Florida Department of
Environmental Protections and the City of Sebastian
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
S~ARY
The attached Project Agreement for the Florida Recreation Development Assistance Program
(FRDAP) grant between the State of Florida Department of Environmental Protection and City of
Sebastian has been prepared in accordance with the City's grant application. As previously reported,
the FRDAP grant will assist the City in financing park expansion activities involving the recently
acquired riverfront properties.
RECOMMENDED ACTION
Move to authorize the City Manager to execute the Project Agreement for the Florida Recreation
Development Assistance Program (FRDAP) between the State of Florida Department of
Environmental Protection and the City of Sebastian for the Riverview Park Expansion Project, as well
as appropriate $200,000 matching contribution.
F3394
DEP Contract Number
CSFA Number: 37017
CSFA Title: FPdDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FP~AP)
Project Grant Agreement (FY 2002-03) - Development
This Agreement is made and entered into this '~' day of
, 200 , by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY
OF SEBASTIAN, hereinafter called the GRANTEE, a local government, in
furtherance of an approved public outdoor recreation project. In
consideration of the mutual covenants contained herein and pursuant to
section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida
Administrative Code, the parties hereto agree as follows:
This Project Agreement shall be performed in accordance with
section 375.075, Florida Statutes, and chapter 62D-5, Part V,
Florida Administrative Code, hereinafter called the RULE. The
GRANTEE shall comply with all provisions of the RULE effective
August 23,2000, which is incorporated into this Project Agreement
as if fully set forth herein. It is the intent of the DEPARTMENT
and the GPJ~NTEE that none of the provisions of section 163.01,
Florida Statutes, shall have application to this Project
Agreement.
The DEPARTI~ENT has found that public outdoor recreation is the
primary purpose of the project knowm as Riverview Park Expansion
(Florida Recreation Development Assistance Program, FRDAP Project
Number F03394 ), hereinafter called the PROJECT, and enters into
this Project Agreement with the GRANTEE for the development of
that real property, the legal description of which shall be
submitted to the DEPARTMENT as described in the Florida
Recreation Development Assistance Program Development Project
Page 1 of 10
Pre-reimbursement/Commencement Documentation Form, PEP Form FPS-
A034.
The GRANTEE shall construct, or cause to be constructed, certain
public outdoor recreation facilities and improvements consisting
of the following PROJECT ELEMENTS which may be modified by the
DEPARTMENT if GRANTEE shows good cause: Observation deck, gazebo,
pavilions, bridge, splash pad, promenade/walks, restroom,
parking, and other related support facilities.
The DEPARTMENT shalI pay, on a reimbursement basis, to the
GRANTEE, funds not to exceed $200,000.00, which will pay the
DEPARTMENT'S share of the cost of the PROJECT. DEPAI~TMENT fund
limits are based upon the following:
DEPARTPiENT Amount $ 200,000 50%
GRANTEE Match $ 200,000 50%
Type of Match Cash and/or In-Kind Service or Land Value
o
The PROJECT reimbursement request shall include all documentation
required by the DEPARTMENT for a proper pre-audit and post-audit
review. Within sixty (60) days after receipt of the request, the
DEPARTMENT'S Contract Manager shall review the completion
documentation and payment request from the GRAiqTEE for the
PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance
Program Completion Documentation Form, DEP Form FPS-A037,
referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will approve
the request for payment.
The DEPARTMENT will periodically request proof of a transaction
(invoice, payroll register, etc.) to evaluate the appropriateness
of costs to the agreement pursuant to State and Federal
guidelines including cost allocation guidelines), as appropriate.
This information when requested must be provided within 30
calendar days of such request. The Grantee may also be required
to submit a cost allocation plan to the Department in support of
its multipliers (overhead, indirect, general administrative
costs, and fringe benefits). Ail bills for amounts due under
this agreement shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof. State guidelines for
allowable costs can be found in the State Comptroller's Voucher
Processing Hanckbook at
(<htt~://www.dbf·state.fl.us/aadir/mainindex.html).
Page 2 of 10
The GRAlqTEE agrees to comply with the Division of Recreation and
Parks' Grant and Contract Accountability Procedure, hereinafter
called the PROCEDURE and incorporated into this Project Agreement
by reference as if fully set forth herein. All purchases of goods
and services for accomplishment of the PROJECT shall be secured
in accordance with the GRAIqTEE'S adopted procurement procedures.
Expenses representing the PROJECT costs, including the required
matching contribution, shall be reported to the DEPARTMENT and
summarized on certification forms provided in the PROCEDt/P~E. The
DEPARTMENT and GRANTEE agree to use the PROCEDUP~ guidelines
accounting for FP~DAP funds disbursed under the PROJECT. The
parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting
requirements of the PROCEDURE shall be used.
Allowable indirect costs as defined in the PROCEDURE shall not
exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect
costs that exceed 15% must be approved in advance in ~riting by
the DEPARTMENT to be considered eligible PROJECT expenses.
It is understood by the parties that the amount of this Project
Agreement may be reduced should the Governor's Budget Office
declare a revenue shortfall and assess a mandatory reserve.
Should a shortfall be declared, the amount of this Project
Agreement may be reduced by the same percentage as the DEPARTMENT
is assessed for the mandatory reserve.
PROJECT funds may be reimbursed for eligible Preagreement
Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by
GRANTEE prior to execution of this Project Agreement as set forth
in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRkNTEE
fully understand and agree that there shall be no reimbursement
of PROJECT funds by the DEPARTMENT for any expenditure made prior
to the execution of this Project Agreement with the exception of
those expenditures which meet the requirements of the foregoing
sections of the RULE.
11.
Prior to commencement of PROJECT development, the GRANTEE shall
submit the documentation required by the Florida Recreation
Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, PEP Form FPS-A034,
referenced in s. 62D-5.058(6) (f) of the RULE, to the DEPARTI~T.
Upon determining that the documentation complies with the RULE,
the DEPARTPIENT will give written notice to GRANTEE to commence
the development and approve the request for payment.
Page 3 of 10
12.
The Grantee shall obtain all required local, state and federal
permits and approvals prior to commencement of project
construction and shall certify that it has done so to the
DEPARTMENT by completing the Permitting Certification, FPS-A034,
referenced in s. 62D-5.058(7) (c) of the RULE.
13.
This Project Agreement shall become effective upon execution and
the GR3%NTEE shall complete construction of all PROJECT ELEMENTS
on or before -~%- (hereinafter referred to as the
PROJECT completion date). The GRANTEE may request up to two (2)
one (1) year extensions from the DEPART~LENT for good cause at the
written request of the GRANTEE and such request must be made
prior to the PROJECT completion date. PROJECT must be completed
within 5 years, or money may revert.
Project completion means the project is open and available for
use by the public. Project must be completed prior to release of
final reimbursement.
15.
The GRANTEE shall retain all records supporting PROJECT costs for
five (5) years after the fiscal year in which the final PROJECT
payment was released by the DEPARTMENT or until final resolution
of matters resulting from any litigation, claim or audit that
started prior to the expiration of the five-year retention
period. The DEPARTMENT, State Auditor General, State Comptroller
and other agencies or entities with jurisdiction shall have the
right to inspect and audit the GRANTEE'S records for said PROJECT
within the five-year retention period.
16.
In addition to the provisions contained in Paragraph 15 above,
the GRANTEE shall comply with the applicable provisions contained
in Attachment 1. A revised copy of Attachment 1, Exhibit-l, must
be provided to the GRANTEE with each amendment which authorizes a
funding increase or decrease. The revised Exhibit-1 shall
summarize the funding sources supporting the Project Agreement
for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GR3~NTEE fails to receive a
revised copy of Attachment 1, Exhibit-l, the GRANTEE shall notify
the Department's FPJDAP Grants Administrator at 850/488-7896 to
request a copy of the updated information.
17.
Following receipt of an audit report identifying any
reimbursement due the DEPARTMENT for the GRANTEE'S non-
compliance with this Project Agreement, the GRANTEE will be
allowed a maximum of thirty (30) days to submit additional
pertinent documentation to offset the amount identified as being
Page 4 of 10
due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE
of any reimbursement due the DEPARTMENT.
18.
The Grantee, as an independent contractor and not an agent,
representative, or employee of the DEPARTF~ENT, agrees to carry
adequate liability and other appropriate forms of insurance. The
DEPARTMENT shall have no liability except as specifically
provided in this Project Agreement.
19.
To the extent required by law, the Grantee will be self-insured
against, or will secure and maintain during the life of this
Agreement, Workers' Compensation Insurance for all employees
connected with the work of this project and, in case any work is
subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of
the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program
or insurance coverage shall comply fully with the Florida
Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the Grantee shall provide,
and cause each subcontractor to provide, adequate insurance
satisfactory to the Department, for the protection of his
employees not otherwise protected.
20. The purchase of non-expendable equipment is not authorized under
the terms of this Agreement.
21.
The DEPARTI~-~T'S Grant Manager for the purpose of this Project
Agreement shall be responsible for ensuring performance of its
terms and conditions and shall approve all reimbursement requests
prior to payment. The GRANTEE's Grant Manager, as identified in
the PROJECT application, or successor, shall act on behalf of the
GRANTEE relative to the provisions of this Project Agreement.
The GRAi~TEE, shall submit to the DEPARTMENT signed PROJECT status
reports every ninety (90) days summarizing the work accomplished,
problems encountered, percentage of completion, and other
information which may be requested by the DEPARTMENT.
Photographs to reflect the construction work accomplished shall
be submitted when the DEPARTMENT requests them. Any and all
notices shall be delivered to the parties at the following
addresses:
Page 5 of 10
Grantee's Grant Manager
City Manager
1225 Main Street
Sebastian, Florida, 32958
Department's Grant Manager
A. Diane Langston
Dept. of Environmental Protection
3900 Conumonwealth Blvd., MS 585
Tallahassee, Florida 32399-3000
22.
Prior to final reimbursement, the GRAIfTEE must erect a permanent
information sign on the PROJECT site which credits PROJECT
funding or a portion thereof, from the Florida Department of
Environmental Protection and the Florida Recreation Development
Assistance Program.
23.
The DEPARTMENT has the right to inspect the PROJECT and any and
all records related thereto at any reasonable time.
24.
This Agreement may be unilaterally canceled by the DEPARTMENT for
refusal by the GRAIqTEE to allow public access to all documents,
papers, letters, or other material made or received by the
GRANTEE in conjunction with this Agreement, unless the records
are exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), Florida Statutes.
25.
Prior to the closing of the PROJECT the DEPARTMENT shall have the
right to demand a refund, either in whole or in part, of the
FRDAP funds provided to the GRANTEE for non-compliance with the
material terms of this Project Agreement. The GRANTEE, upon such
written notification from the DEPARTMENT, shall refund, and shall
forthwith pay to the DEPARTMENT, the amount of money demanded by
the DEPART~fENT. Interest on amy refund shall begin the date that
the GRANTEE was informed that a refund was required until refund
and interest is paid to the Department.
26.
The GRANTEE shall comply with all federal, state and local rules,
regulations and ordinances in acquiring and developing this
PROJECT. The GRANTEE acknowledges that this requirement includes
compliance with all federal, state and local health and safety
rules and regulations including all applicable building codes.
The GP~Ai~TEE further agrees to ensure that the GRANTEE'S contract
will include the requirements of this paragraph in all
subcontracts made to perform this Project Agreement.
27.
Land owned by the GRANTEE, which is developed or acquired with
FRDAP funds, shall be dedicated in perpetuity as an outdoor
recreation site by the GRANTEE for the use and benefit of the
Page 6 of 10
public as stated in Administrative Rule 62D-5.059(1). Land under
control other than by ownership of the GRANTEE such as by lease,
shall be dedicated as an outdoor recreation area for the use and
benefit of the general public for a minimum period of twenty-five
(25) years from the completion date set forth in the PROJECT
completion certificate. All dedications must be recorded in the
public property records by the GP~ANTEE. Such PROJECT shall be
open at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
28.
Failure to comply with the provisions of the RULE or the terms
and conditions of this Project Agreement will result in
cancellation of the Project Agreement by the DEPARTMENT. The
DEPARTMENT shall give the GRANTEE in violation of the RULE or
this Project Agreement a notice in writing of the particular
violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall
result in cancellation of the Project Agreement and may result in
the imposition of the terms in Paragraph 25.
29.
In the event of conflict in the provisions.of the RULE, the
Project Agreement and the Project Application, the provisions of
the Rule shall control over this Project Agreement and this
Project Agreement shall control over the Project Application
documents.
30.
If the DEPARTMENT determines that site control is not sufficient
under the RULE the DEPARTMENT shall give the applicant a notice
in writing and a reasonable time to comply. If the deficiency
cannot be reasonably corrected within the time specified in the
notice, the DEPARTPLENT shall cancel this Project Agreement.
31.
The State of Florida's performance and obligation to pay under
this Project Agreement is contingent upon an annual appropriation
by the Florida Legislature.
32.
This Project Agreement strictly prohibits the expenditure of
FRDAP funds for the purpose of lobbying the legislative,
judicial, or executive branch of local, state, or federal
government.
33.
No person on the grounds of race, creed, color, national
origin, age, sex, marital status or disability, shall be
excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in
performance of this Project Agreement.
Page 7 of 10
An entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public entity,
may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public
work, may not submit bids on leases of real property to a
public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact
business with any public entity. The Florida Department of
Management Services is responsible for maintaining the
discriminatory vendor list and intends to post the list on
its website. Questions regarding the discriminatory vendor
list may be directed to the Florida Department of Management
Services, Office of Supplier Diversity at 850/487-0915.
34.
Each party hereto agrees that it shall be solely responsible for
the wrongful acts of its employees and agents. However, nothing
contained herein shall constitute a waiver by either party of its
sovereign inuuunity or the provisions of s. 768.28, Florida
Statutes.
35.
The employment of unauthorized aliens by any GRANTEE is
considered a violation of the Immigration and Nationality Act 8
USCA s.1324a(1) (A). If the GRANTEE knowingly employs
unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Project Agreement. The GRANTEE shall be
responsible for including this provision in all subcontracts with
private organizations made to perform this Project Agreement.
36.
A person or affiliate who has been placed on the convicted vendor
list following a conviction for public entity crime may not
perform work as a grantee, contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, or
Category Two, for a period of 36 months from the date of being
placed on the convicted vendor list.
37.
The Project Agreement has been delivered in the State of Florida
and shall be construed in accordance with the laws of Florida.
Wherever possible, each provision of this Project Agreement shall
be interpreted in such manner as to be effective and valid under
applicable Florida law, but if any provision of this Project
Agreement shall be prohibited or invalid under applicable Florida
law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of
Page 8 of 10
such provision or the remaining provisions of this Project
Agreement./-f~%~r--=c~ereon or in connection herewith shall be
brought i~Leon County~Florida unless prohibited by applicable
law. ~~-~
38.
No delay or failure to exercise any right~ power or remedy
accruing to either party upon breach or default by either party
under this Project Agreement, shall impair any such right, power
or remedy of either party; nor shall such delay or failure be
construed as a waiver of any such breach or default, or any
similar breach or default thereafter.
39.
This Project Agreement is not intended nor shall it be construed
as granting any rights, privileges or interest in any third party
without mutual written agreement of the parties hereto.
40.
This Project Agreement is an exclusive contract and may not be
assigned in whole or in part without the written approval of the
DEPARTMENT.
41.
This Project Agreement represents the entire agreement of the
parties. Any alterations, variations, changes, modifications or
waivers of provisions of this Project Agreement shall only be
valid when they have been reduced to writing, duly executed by
each of the parties hereto, and attached to the original of this
Project Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLAI~K
Page 9 of 10
iN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
CITY 0P SEBASTIAN
By: By:
Division Director (or Designee)
Division of Recreation and Parks
Person Authorized to Sign
Printed Name
Title
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Hail Station 585
Taltahassee, Florida 32399-3000
Address:
1225 Main Street
Sebastian, Florida
32958
DEP Grant Manager
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Jerome I.
Johnson,Assistant General Counsel, on
July 26, 2002 for use for one year.
Grantee Attorney
DEP 42-058
Revised 04-05-2002
Page 10 of 10
SINGLE AUDIT ACT - SPECIAL AUDIT REQUIREMENTS
Thc administration of resources awarded by the Department of Envh'onmental Protection (which may be referred to
aa the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreemenO may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any mort/toting
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further a~ees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Comptroller or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Envinsnment&l Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Cixcular A433, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements Of this pan.
In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to an&tee responsibilities.as provided in Subpart C of OMB Circular A-133, as
revised.
If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-1'33, as revised, is not required, in the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-I33, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid fromrecipient resources
obtained from other than Federal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
[he intenset at http:l/aspe.os.dhhs.~ov/cfda.
P,_EMAINDER OF PAGE INTENTIONALLY 1 ,EFT BLANK
55.203 (02-03) -- _ P~ge 1 of 4
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for anch fiscal year in accordance with Section 215.97, Florida Statutes; apphcable rules of the Executive
Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Pules of the Auditor General. EXId~IT 1 to this Agreement
indicates State financial assistance awarded through the Department of Environmental Protection by this
Al~'eement. In determining the State financial assistance expended in its fiscal year, the recipient shall
consider all sources of State financial assistance, including State financial assistance received from the
Department of Environmental Protection, other state agencies, and other nonstate entities. State financial
assistance does not include Federal direct or pass-through awards and resources received by a nonstate
entity for Federal program matching requirements.
In connection with the audit requirements addressed in Part Il, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should
access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/cntalog.htm or the
Governor's Office of Policy and Budget website tocated at htm://www.eo~.state.fl.us/for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website http://www.lee, state.fl.us/, Governor's Website http://www.fleov.com/, DeparUnent of Banking
and Finance's Website httc://www.dbf, state.fl.us/, and the Auditor General's Website
http ://www.st ate.fl.us/aud ~en.
PART IH: OTI-IER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity' s policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)[m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the.full cbst of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance w/th OIvlB Circular A-133, as revised, and
requixed by PART I of this Agreement shall be subm/tted, when required by Section .320 (d), OIvlB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
_ DEP 55-20~ (02*03) ._
A. Diane Langston
Florida Department of Environmental Protection
Bureau of Desig~ and Recreation Services
3900 Commonwealth Boulevard, MS# 585
Tallahassee, FL 32399-3000
_ P~e2~
Subject:
Appro d mi , : Manager
Terrence R. Mo~rt~ ~'
Agenda No. __~.__~_.~_ ! q 2~____
Department Origin: Police Department
General Service~~s,~.-
Finance Dept.:~._ /
Date Submitted: 08/29/2002
For Agenda off 09/12/2002
Exhibits: None
EXPENDITURE REQUIRED: I AMOUNT BUDGETED:
None I None
APPROPRIATION REQUIRED:
None
SUMMARY
The Indian River County Emergency Medical Service has offered to the Sebastian
Police Department a surplused ambulance. The vekicle is in good condition although
not good enough to be used for emergency responses. The Indian River County
Commission will be asked to give the ambulance to the City of Sebastian at no cost.
The Police Department plans to use the vehicle in a limited capacity as a mobile
command vehicle, allowing us to have a back-up radio system in case of radio failure in
our dispatch center. We will also use the ambulance at incidents requiring police
presence for an extended period of time. There is enough room to set up maps, charts
and other items required in an incident command post. The vehicle can also transport
the Emergency Response Team and their equipment should the need arise.
RECOMMENDED ACTION
Accept the surplused ambulance bom the County Commission at no cost and assign
the vehicle to the Police Department.
~0~ O~ P~iLl~afq
Subject:
~:ppro~r~for Su, b~ .tta~, y: City Manager
Agenda No.
Deparunent Origin: Police Department
Services:
General
Finance
Dept.:
Date Submitted: 08/29/2002
For Agenda of: 09/12/2002
Exhibits: G.R.E.A.T. Application Narrative (3 pages)
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED:
None None None
SUMMARY
The Police Department requests permission to apply for a Federal Grant to fund the
Gang Resistance and Education Training (G.R.E.A.T.) program for fiscal year
2002/2003 in the amount of $42,000.00. No matching funds are required.
The narrative section of the grant application is attached to explain the program in
detail.
RECOMMENDED ACTION
Approve the grant application in the amount of $42,000.00 fi:om the U.S.
Department of the Treasury.
G.R.E.A.T. APPLICATION
Narrative
Intentions for funding: The City of Sebastian Police Department is currently
participating in the School resource program. Currently there is a School
Resource/D~.R.E. Officer assigned to each of the Elementary schools and part time
G.R.E.A.T. officer assigned to the charter middle school With the number of cabs
for service increasing involving juveniles, we are seeking to further fund this
program in order to better educate our students in the prevention of .vandalism,
Violence and affiliation with gangs. Presently the D.A.R.E. program is being taught
to our students either first or second semester. We have implemented the core
G.R.E.A.T. program into the seventh grade to continue the positive re-enforcement
of good decision-making abilities. The total population that will be affected by the
G.ILE.A.T. program is approximately 400 students, fifty of which are middle school
students. The G.I~E.A.T. program is a nationafly recognized program, which we are
finding is educating our students in crime prevention. We feel the past year's
program made a difference in the behavior of the students who attended the class.
We believe the students and juvenile population who attended the G.R.E.A.T.
program are now better equipped to deal with the pressures they so greatly are
exposed to each day. With the continuation of the G.R.E.A.T. program we hope to
continue to reduce the calls for service and give our youth an alternative to
becoming a victim of the peer pressures and crimes. Our intentions are to also begin
the lower grade level visitations to the 4t~ and 5t~ grade students. The funds would
be used to purchase only workbooks and a small incentive for the lower grade levels
and workbooks and larger incentives and summer camp material and off site
educational field trips.
Officer Assignment: The funding under this grant program will aBow the full time
School Resource Officers (SRO's) assigned to the two elementary schools and
charter middle school to continue the G.R.E.A.T. program in a classroom setting.
The program will be followed up with several other life skill programs during the
entirety of the regular school year. The Officer throughout the school year will
continue to attend parent teacher meetings in order to maintain contact with the
parents or guardians of the affected students, Additionally, during the summer
months that the schools arc traditionally closed, the SRO's will conduct a G.R.E.A.T
summer camp for the 4~--7t~ grade students. The camp will encompass review of the
core curriculum and life skill,s. The summer component for 2002 lasted three full
weeks and was a success. The SRO's will continue to conduct parenting skili.~ visits
to homes upon request, for the purpose of family relations between parent and
student. During the 2002-ycar we made contact with parents and was able to assist
in the solving of several family problems~
Problem Identification and Program Justification: Sebastian, as a city and
community, is rapidly growing and demographicaBy changing from a retirement
haven for senior citizens to a younger community Of working families with young
children and teenagers. As such, many of the problems usually associated with
juvenile crime and delinquency are be~nning to consnme si~,nificant police time and
resources. We arc beginning to see initial signs of juvenile gang activity in the
community, particularly graffiti and tagging. Recent investigations have linked
numerous local burglaries, thefts, vehicle burglaries, arsons, illicit and illegal drug
possession, use and sales, vehicle thefts, etc, to juveniles, who claim gang alliances.
Drug and alcohol abuse is also a growing problem here and it is involving younger
and younger victimn. Recent national~ based studies have shown that many
youngsters who abuse drugs and alcohol and/or make the decision to become gang
affiliated, do so at around ten (10) years of age, while still in elementary school
Therefore, ff we are to counter such negative influences and bad decisions by our
children, it is in the elementary schools and middle school that we must continue to
target our efforts. It has now been shown that waiting until the end of middle school
and/or high school is too late to try and head off this behavior. To counter the
negative influences we must establish positive relationships between our youth and
law enforcement, to provide proven programs such as D.A.1LE. (Drug Awareness
and Resistance Education) and G.R.E.A.T. (Gang Resistance Education and
Training) and the many other positive value and character building programs that
are available today. This grant will enable us to continue to provide that proactive
information to the vnlueruble students. A full time SRO in each of Sebastian's two
elementary schools and charter middle school will continue the core G.R.E.A.T.
program. Under this proposed program, in addition to the duties and
responsibilities spceffied by Florida Statutes, the SRO's will teach the long term
D.A.1LE. and G.R.E.A.T. programs cited above and thirty-thrce (33) short term
programs espceia~y designed for elementary and middle school age children that
emphasize character and value building, decision making, peer pressure resistance
and personal safety techniques. Attached, as part of this program description, is a
summary of the SRO's dufies~ as prescribed by Florida Statutes and a list of the
specific courses the SRO's will provide to elementary school students.
Community Policing Strategies to be used by School Resource / G.R.F~.~,.T. Officer;
In additio~a to being on the assigned school's campus during school hours and
attending to the law enforcement and safety related functions in and around the
assigned school, the SRO / G.ILE.A.T. officer will attend all school functions,
parent/teacher association meetings and actively facilitate and teach various
approved programs relating to student safety, citizenship, conffiet management, run
away prevention, drug, tobacco and alcohol abuse prevention, domestic violence
prevention, gang and violence avoidance, problem solving, firearm safety and self
controL The SRO will obtain any tr~inlng and/or certifications required to teach
such programs. The SRO wifi also participate, as directed, in any school district
funetians relating to the SRO/G.1LE.A.T. programs within the district. The SRO
will also work with school admini~trainrs, teachers and parents in the resolution of
problems relating to the school and or its students.
Pro,ram Oualitv and Commitment: The programs to be participated in and/or
presented by the SRO will be approved by the partnering school's administration,
programs with a proven track record of success and programs recognized by both
educational and criminal justice authorities as being beneficial for elementary /
Middle school age students. The G.R.EJt. T. program will be conducted in
conjunction with other nationally recognized programs such as D.A.P,.E, Stranger
Danger, Say No To Drugs, Character Counts, Healthy Choices, Fitting In, Problem
Solving and Eddie Eagle (firearm safety).
Communit~ Policing Linkaoe: The Sebastian Police Department currently has in
place an existing partnership with our local School District to provide a single SRO,
to each of the elementary schools and one charter middle school located within the
City of Sebastian. Under this proposed grant program, the funding would allow the
SRO to conduct the core G.R.E.A.T. program during the first or second semester
opposite to the D.A.R.E. program. Having each school within the City with its own
full time SRO will allow for full presentation of the SRO program as defined by
Florida Statutes 2~30.2318 and 233.0663. The G.R.E.A.T. program wffi interface and
partner with the Sobas~nn Police Department's full time Community Policing
Officer, to provide a well rounded approach to attain our community policing goals
and objectives by having the school commnnities more fully interrelated with the
rest of the commnnity organizations, partnerships and progr~m~. We would hope
you would entertain a new project we are attempting to put in place. We are
currently attempting to place n gang investigation street crime unit into force at a
minimal cost. This would assist this agency in compiling data for future
ronpplication for these funds. We would be able to observe ff any of the student
population, which has completed the GA~.E.A.T program trainln~, has had or is
gaininoo gang affiliation. We are proud to be able to provide a program like
G.R.E.A.T. to the community and students of our city. Granting this application
would continue to give our students the education to succeed in the future we all
value so greatly.
HON~ O~ PF&ICAN I~,~ND
City of Sebastian, Florida
Subject: Authorize purchase of fiber optic
cable, warning tape, and pull boxes from
alternative vp~dor, Solutiorc4SURE.
Exhibits:
1. E-mail from Solutions4SURE
EXPENDITURE
REQUIRED: $7,981.69
Agenda No. (~') 2, / '7 ~
Department Origin: Finance~-.---~
Date Submitted: September 4, 2002
For Agenda of: September 12, 2002
AMOUNT BUDGETED: APPROPRIATION
$21,228.17 REQLrlKED:
SUMMARY
On August 14, 2002, the City Council authorized the bid award to Fishels Company to install Fiber
Optic Cable from City Hall to the Golf Course and a connection with Indian River County.
Included in that agenda was the authorization to purchase the fiber optic cable, pull boxes, and
warning tape directly from the supplier, Graybar, in the amount of $9,120.00, actual amount
$8,431.69
On August 21, 2002, an alternative quote fi.om supplier Solutions4Sure, an Office Depot Company,
was received for fiber optic cable, pull boxes, and wanting tape in the amount of $8,017.50, which
was $422.19 cheaper than Graybar and would deliver the materials in a shorter period of time. Due
to a misunderstanding of the purchasing policies regarding the acceptance and authorization to
purchase, an order was placed with Solutions4Sure for the materials identified above accepting the
savings of $422.19 over Graybar. The timing of this purchase and the quality of the special order
for this type of fiber optic would preclude sending it back without absorbing an additional cost over
and above the savings associated with the purchase fi.om Solutions4Sure.
It is recognized and understood that a violation of the City's purchasing ordinance occurred with the
placement of the order with Solutions4Sure, however, with that recognition, it is my position that
this type of event will not be repeated in the future. The internal controls will be reviewed and
revised to insure that this action does not occur again.
RECOMMENDED ACTION
Move to authorize the purchase of fiber optic cable, pull boxes and warning tape from
Solutions4Sure instead of Graybar as originally authorized, in the amount of $8,017.50.
Mark Mason
From:
Sent:
To:
Subject:
Thomas Coleman [tcoleman@cityofsebastian.org]
Thursday, September 05, 2002 8:27 AM
mmason@cityofsebastian.org
FW: We've received your order #B020832088, Finance. Thank you.
..... Original Message
From: Sales@Solutions4SURE.com [mailto:Sales@Solutions4SURE.com]
Sent: Wednesday, August 21, 2002 4:21 PM
To: tcoleman@cityofsebastian.org
Subject: We've received your order ~B020832088, Finance. Thank you.
Dear Finance,
Thank you for shopping with Solutions4SURE.com. We would like to confirm
that your order has been received.
On 21-Aug-2002, you ordered:
Item Quantity Price
Corning 18 Strand Armouned Single Fiber Cable 1 $6100.00
Barber Electric Pull Box with Steel Cover NO Floor 2 $369.00
Panduit Org Marking Tape 10 $97.95
Your order number is: B020832088
Your purchase order number is : 00003734-00
Please make a note of this for your records.
Your order will ship via Freight, pending current stock status.
Please note the item(s) purchased above may be part of a "bundle" and
may
ship separately.
The shipping address provided for your order is:
Thomas Coleman
City of Sebastian
1225 Main St
Sebastian, FL 32958
Subtotal: $ 7817.50
Shipping & Handling: $ 200.00
Tax Total: $ 0,00
Purchase Total: $ 8017.50
You can track your order and get instant updates on your order status.
Simply click on the link below. Try it now!
http://www.4Sure.com/2.asp?X=tcoleman@cityofsebastian.org&Y=B020832088&w
=2
&Z=2
You may also call (888) 245-7693 to access our 24-hour Express Order
Status line.
Customer Service is available
Via email at: sez-vice@Solutions4SURE.com
(please be sure to reference your order #)
Via phone at: (800) 595-9333 8AM to llPM, Monday through Friday, and
Saturday, 9AM to 3PMs Eastern time
We will also notify you via email with shipping information when your
order has shipped.
Again, Finance, thanks for choosing Solutions4SURE.com. We look forward
to
serving you again in the future!
Sincerely,
Solutions4SURE.com
An Office Depot Company
Orders for in-stock items received prior to 4PM EST Monday through
Friday
will ship that same day.
Orders for in-stock items received after 4PM Monday through Friday, on
Saturday and Sunday, or on a holiday will ship the next business day.
We currently do not ship items outside the United States or to P.O.
boxes
APO/FPO shipping is available
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: Prior approval for reimbursement of
expenses for Councilmember Conigiio -
Advanced Institute of Elected Municipal
Officials in West Palm Beach - Nov. 1-2,
2002
Appr~~~m~
~ ~nf
~=xhibit~: Instit o
Agenda No.
Department Origin: City Clerk's Office
Date Submitted: 9/5/02
For Agenda of: 9/12/02
Expenditure Required:
Amount Budgeted:
FY2003 funds
Appropriation Required:
SUMMARY STATEMENT
Concitman Coniglio wishes to attend the 2002 Advanced Institute of Elected Municipal Officials
sponsored by the Florida Institute of Government in West Palm Beach, November 1-2, 2002.
In accordance with Section 2-77 of the Code of Ordinances, City Council Members must
receive prior approval from Council for travel for which they seek reimbursement.
RECOMMENDED ACTION
Move to authorize Councilmember Coniglio's travel and attendance to the 2002 Advanced
Institute of Elected Officials in West Palm Beach on November 1-2, 2002.
09/05,~2 11:10 FL LEAUE OF CITIES ~ 5615895570 NO.21B Pe02/004
Florida L~a§ue of Gifi~, Inc.
P.O. l~ox 1757
Tallaha~, Florida 32302-1757
11:10 FL LEPiJE OF CITIES ~ 5S15895b'~70 N0.213
Ol lC
2002 ADVANCED INSTITUTE FOR
£LltICI~D MUNICIPAL OFFICIALS
November 1 - 2, 2002
Sheraton West Palm Beach Hotel at CityPlace
630 Clearwater Park Road
West Palm Beach, 'FL
Confirmation, agenda smd directions to the hotel will be mailed upo~ receipt of fids foFm. For
sdditlonnl information, please chh the Flofld~ lmtlMto of Government, P~m Bes~ Community
College at (SSI) 868=3S44 or SC 258-3S~4, Fax (561) S68-3S28~ Zmnfl: ~B]~F~t.q~
~ncellaflons muS~ be received nad connrmed to writing by October 25, 200Z to ~suFe a refund.
No-shows are not censldered cnneeila~lous end refunds will not be issue~.
Xf you are pbysi~ally challenged smd require special services, or if you have special dletor~ needs,
Hotel Registration Information:
~fdl ttotcl U,.e~rvationS directly
Sheraton West Palm Beaeh Hotel at CityPlace
630 Clearwater Park Road
West Palm Beach, FL 33401
(S61)
Ask for the AXEMO rate: $?0/ standard Foom.
THE ~ FOR TIffS ROOM RAT~ IS ~
please specify which nights you will stayint~ at b'~ hotel:
Oct. 31.~ Nov.
City of Sebastian, Florida
Subject: Resolution No. R-02-42 Adopting a
resolution establishing a line of credit reserve
for use in providing short-term funding to the
airport to cover costs of improvements.
proved or ~u'bmi : City Man ger
Exhibits:
· Resolution No. R-02-42
EXPENDITURE AMOUNT
REQUIRED: N/A N/A
Agenda No. /9 2 , ! 9 5'
Department Origin: Finance~---
Date Submitted: September 4, 2002
For Agenda of: September 12, 2002
BUDGETED:
JAPPROPRIATION
REQLrlRED: N/A
,SUMMARY
During the course of the Budget Workshop held on August 21, 2002, I informed the City
Council, while discussing the General Fund Fund Balance, that it would be necessary to provide
for short-term financing to the Airport for the numerous capital improvements that will be
necessary to make the Airport economically viable in the future.
The current cash reserves in the Airport Fund are too low to sustain payments of bills for more
than one capital improvement at a time. There will, by necessity, be times when more than one
capital improvement is being performed. It is during these times, and before reimbursement is
received from either the FAA or FDOT, that these short-term financings will occur. These types
of loans are more commonly known as 'bridge loans' or a loan that will bridge the gap between
the payment of a bill and the receipt of funds to replenish the cash disbursement. The interest
that the City will charge for each draw on the line of credit will be the monthly participant return
rate received by the Local Government Surplus Funds Trust Fund (SBA) to make up for the interest
lost when the fimds are no longer in the General Fund.
In order to continue the improvements at the Sebastian Municipal Airport, these short-term
financings will be required to 'get the airport over the hump'. It makes more sense for the City to
provide this line of credit than it would be to go out and obtain the line of credit and pay at least
twice the level of interest the City will charge.
RECOMMENDED ACTION
Move to approve R~02-42.
RESOLUTION NO. R-02-42
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
ESTABLISHING A LINE OF CREDIT RESERVE IN THE
AMOUNT OF ONE MILLION DOLLARS ($1,000,000) WITHIN
THE GENERAL FUND FOR THE PURPOSE OF FUNDING
IMPROVEMENTS AT THE SEBASTIAN MUNICIPAL AIRPORT;
ESTABLISHING THE USE OF FUNDS; ESTABLISH A RATE OF
INTEREST; ESTABLISHING A TERM; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that improvements at the Sebastian
Municipal Airport will provide additional economic opportunities by adopting the Airport
Master Plan; and
WIlEREAS, the level and cost of capital improvements necessary to bring the Sebastian
Municipal Airport to economic viability will decrease the Airport's reserves below a level from
which to consistently fund capital improvements; and
WHEREAS, the cost of obtaining loans and the interest rates thereof, for the purpose of
improving the Sebastian Municipal Airport would exceed the Airport's ability to repay the
loans; and
WHEREAS, the General Fund has sufficient reserves to cover short-term lending to
Sebastian Municipal Airport at an interest rate below market value,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TilE CITY OF
SEBASTIAN, THAT:
Section 1. AIRPORT LINE OF CREDIT RESERVE. There is hereby established a
reserve in the General Fund Fund Balance in the amount of ONE MILLION DOLLARS
($1,000,000) to provide short-term funding for improvements at Sebastian Municipal Airport.
Section 2. USE OF FUNDS. The Airport Line of Credit Reserve is to be used for
funding, on a short-term basis, capital improvements at Sebastian Municipal Airport. Each
draw fi-om the Line of Credit will have a life of one year or less, after which, it shall be repaid to
the General Fund in full, including interest.
Section 3. RATE OF INTEREST. The interest rate charged on each Line of Credit
Draw shall be the monthly participant return rate received by the Local Government Surplus
Funds Tmst Fund (SBA). This rate shall be used to recover the interest lost on investment.
Section 4. TERM OF RESERVE. This Line of Credit Reserve shall have a term not
to exceed five (5) years.
Section 5. This Resolution shall become effective on October 1, 2002.
It was moved for adoption by Councilmember
The motion was seconded by Councilmember
put to a vote, the vote was as follows:
and, upon being
Mayor Walter Barnes
Vice Mayor James A. Hill
Councilmember Ray Coaiglio
Councilmember Joe Barczyk
Councilmember Ed Majcher
The Mayor thereupon declared this Resolution duly passed and adopted this 12th day of September,
2002.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Walter Barnes
ATTEST:
Sally A. Maio, CMC
City Clerk
Approved as to form and content for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
City of Sebastian, Florida
Subject: Golf Course Rate Range Agenda No. ~ 2 , / q ~
Resolution - R0237
A Manager Director of Golf
~/~ ~/~/ ~ General Service Administrator
Finance: ~-~o budget only
Date Submitted: September 3ra, 2002
For Agenda of: September 12, 2002
Exhibits: Golf Course Rate Range
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: REQUIRED:
S~Y
Since the inception of Sebastian Municipal Golf Course, there has been two (2) series of golf
rates or fees, the winter rate and the summer rate. Having only two types of rates, rounds of golf would
drop drastically at the start of the winter rate, which was November 15th. By initiating a fall / spring
rate, the rate would gradually increase to the full winter rate, which would take effect on January 1st, a
more reasonable time to begin the winter rate as northern residents begin to arrive. The winter rate has
traditionally ended on April 15th; however, a more reasonable time would be the start of daylight savings
time. By delaying the winter rate and ending the winter rate at the start of daylight savings, rounds of
golf will increase, as customers continually look for the best golf rate possible. Ending the winter rate at
the start of daylight savings time would also encoi~rage customers to take advantage of late-afternoon
discounts offered in the fall / spring rate. During the warm-weather months of May through September,
golf fees will go to the summer rate. All three series of rates (summer, fall / spring, winter) entail ranges
tbat will allow rates to be adjusted according to such factors as economic conditions, anmunt of play,
competition, etc. Most rates listed will be at or near the "low" end of the rate ranges listed for tbe 2002-
2003 season.
The proposed Discount Card would be available to Sebastian residents and nonresidents. However, the
full-time Sebastian resident would pay a reduced rate for the Discount Card. The Discount Card would
offer more discounts on a year-round basis, not just during the winter as in year's past. This will enable
full-time Sebastian residents, as well as other residents who live in surrounding areas, tbe opportunity to
receive discounts throughout the summer months. The Discount Card will save customers between $2
and $8.
RECOMMENDED ACTION
Move to adopt Resolution R-0237.
RESOLUTION NO. R-02-37
A RESOLUTION OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO FEES AT TIlE SEBASTIAzN
MUNICIPAL GOLF COURSE; AUTHORIZING THE GOLF COURSE
DIRECTOR TO MAKE ADJUSTMENTS UNDER CERTAIN
CIRCUMSTANCES; PROVIDING FOR AMORTIZATION OF
MEMBERSHIPS; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, City Council, at its May 24, 2000, adopted Resolution No. R-00-30 establishing
golf course fees; and
WHEREAS, the Golf Course Director believes a restructuring of the seasonal rates will
increase rounds of golf and keep the Sebastian Municipal Golf Course competitive with area golf
courses, and give him discretion in increasing membership annual fees if necessary;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Annual Membership Rate Range. Commencing with memberships for
the year 2002-2003, the annual membership fee range for the Sebastian Municipal Golf
Comse shall be as follows:
Sebastian Resident
Family $930 - $1030
Single $650 - $750
Non Resident
Family $1135 - $1235
Single $865 - $965
Family membership means a married couple residing together and all dependents living at
home under the age of twenty-one years (21) years.
Proof of residency is required to obtain Sebastian Resident Annual rates.
Additional or new annual memberships are no longer available.
Ali of the above rate ranges are subject to a 7% sales tax. Renewal of an existing membership
is due on or before October 1st of each year.
Section 2. Member Daily Rate Range. Member rate range, including greens fees
and golf cart fees, for the Sebastian Municipal Golf Course effective as of October 1 st, 2002,
are hereby established as follows:
Ride 18 holes
Ride 9 holes
Walk 9 or 18 holes
Summer Rate Range - Member
Effective May 1st, tkrough October 3
Range
$10-$14
$7-$11
No charge
Conditions
All day - everyday
Ail day -everyday
All day - weekdays
After lpm - weekends & holidays
Ride 18 holes
Ride 9 holes
Walk 9 holes
Walk 18 holes
Fall / Spring Rate Range - Member
Effective November 1 st, through December 31 st, and
start of Daylight Savings through April 30th
Range Conditions
$11 - $15 All day - everyday
$8 - $12 All day -everyday
$2 -$4 After 1:3 Opm or when
tee is open
$3 -$6 After lpm or when
tee is open.
Ride 18 holes
Ride 9 holes
Walk 18 holes
Walk 9 holes
Winter Rate Range - Member
Effective January 1st tkrough last day of Eastern Standard Time
Range
$15-$18
$9-$13
$8-$I2
$5-$9
Conditions
All day - everyday
After 1:30pm or when
tee is open
After 1:00pm or when
tee is open
After 1:30pm or when
tee is open
2
Section 3. Non-Member Daily Rates. Nonmember rates, including greens fees and
golf cart fees, and general charges for the Sebastian Municipal Golf Course, effective as of
October 1st, 2002, are hereby established as follows:
Summer Rate Range - Nonmember
Effective May 1st, through October 31st
Range
Ride 18 holes $20 - $25
Ride 18 holes w/Discount Cd. $17 - $22
Ride 18 holes $16 - $21
Ride 18 holes w/Discount Cd. $15 - $20
Ride 9 holes $12 - $16
Ride 9 holes w/Discount Cd. $10 - $14
Aftemoon Special $12 - $16
Walk 18 holes $11 - $15
Conditions
7am - noon
7am - noon
Noon - 3pm
Noon - 3pm
7am - 3pm
7am - 3pm
After 2pm - 5pm
All day - weekdays
After lpm weekends & holidays, or when tee is open
Walk 18 holes w/Discount Cd. $9 - $13 All day -weekdays
After lpm weekends & holidays, or when tee is open
Walk 9 holes $7 - $i0 All day- weekdays
After lpm weekends & holidays, or when tee is open
Walk 9 holes w/Discount Cd. $6 - $9 All day - weekdays
After lpm weekends & holidays, or when tee is open
18 hole Tournament
9 hole League
18 hole Rider / Replay
9 hole Rider / Replay
$18- $22 8amstart
$10-$14 4pm-5pmstart
$10-$I5
$7- $12
Fall / Spring Rate Range - Nonmember
Effective November 1st, through December 31st,
and start of Daylight Savings through April 30th.
Ride 18 holes
Ride 18 holes w/Discount Cd.
Ride 18 holes
Ride 18 holes w/Discount Cd.
Ride 9 holes
Ride 9 holes w/Discount Cd.
Afternoon Special
Walk 18 holes
Walk 18 holes w/Discount Cd.
Walk 9 holes
Walk 9 holes w/Discount Cd.
18 hole Tournament
9 hole League
18 hole Rider / Replay
9 hole Rider / Replay
Range
$24- $32
$22-$30
$22- $28
$20- $26
$15- $20
$13- $18
$12- $18
$14- $19
$12-$17
$9 - $13
$7-$11
$20-$28
$11- $15
$10- $15
$7-$12
Conditions
7am - noon
7am - noon
after 12:00 noon
after 12:00 noon
All day - everyday
All day - everyday
After 2pm - 5pm
After lpm or when tee is open
After lpm or when tee is open
After 1:30 or when tee is open
After 1:30 or when tee is open
8am start
4pm start
Winter Rate Range - Nonmember
Effective January 1st through las't day of Eastern Standard Time
Range Conditions
Ride 18 holes $35 - $44
Ride 18 holes w/Discount Cd $28 - $36
Ride 9 holes $18 - $24
Ride 9 holes w/Discount Cd $16 - $22
Walk 18 holes $20 - $26
Walk 18 holes w/Discount Cd $17 - $23
Walk 9 holes $12 - $17
Walk 9 holes w/Discount Cd $9 - $14
18 hole Tournament $28 - $36
9 hole League $14 - $19
18 hole Rider / Replay $12 - $16
9 hole Rider / Replay $9 - $13
All day - everyday
All day - everyday
After 1:30pm or when tee is open
After 1:30pm or when tee is open
After 1:00pm or when tee is open
After 1:00pm or when tee is open
After 1:30pm or when tee is open
After 1:30pm or when tee is open
Sam start
4pm start
Additional Rate Ranges
Rate Range
Discount Card - Nonresident $30 - $50
Discount Card- Sebastian resident $25 - $35
Juniors $2 - $4
Golf Handicap System $15 - $20
Range Balls - Large $4 - $6
Range Ball - Small $2 - $3
Golf Lesson $35 - $45
Golf Lesson Series $150 - $175
Junior Lesson $10 - $15
Club Storage $40 - $50
Foot Locker $15 - $20
Junior Range Balls - Large $1 - $2
Junior Range Balls - Small $.50 - $1
Conditions
Fiscal year - 10/1 to 9/30
Fiscal year - 10/1 to 9/30
Age 6 to 17, walking after 2pm
Fiscal year - 10/1 to 9/30
one half hour
5 - one half hour
one half hour
Fiscal year- 10/1 to 9/30
Fiscal year- 10/1 to 9/30
Ail rate ranges above in Section 1, 2 & 3, with the exceptions of the Golf Handicap System
and Golf Lessons, are subject to 7% sales tax.
Section 4. Adjustments. The hours and conditions set forth in Sections two and
three may be adjusted at the discretion of the Director of Golf, due to amount of play and area
competitive conditions. The Director of Golf is authorized to establish the rate within the
approved range due to amount of play and area competitive conditions. The Director of Golf
is authorized to advertise, and/promote the use of the Golf Course within the promotions and
advertising budget account, and with the approval of the City Manager, offer special
promotional rates and match special rates being promoted by competitors within the area.
4
Section 5. Memberships. No new memberships shall be issued for Sebastian
Municipal Golf Course. However, memberships that were in effect, but were refunded due to
health reasons, may be reinstated. All existing memberships shall be allowed to renew
annually and continue in effect for the life of the member, however, any membership that
lapses and remains unrenewed for one year, other than for documented health reasons, shall
be permanently discontinued.
Section 6. Membership Refund Policy. Membership refunds will only apply to
medical disabilities and loss of life. Prior to January 1st, full proration of membership fee and
taxes (i.e. December lst refund equals 10/12 of membership fees and taxes.) After January 1st,
and prior to April 1st, 50% refund of unused balance (i.e. February lst reftmd shows four (4)
months used, 50 % of 8 months fees and taxes refunded.) After April 1 ~t, no refunds.
Section 7.
repealed.
Repeal. All Resolutions or parts of Resolutions in conflict herewith are
Section 8. Effective Date. This Resolution shall take effect immediately upon
passage, and continues in effect unless changed by Resolution of the City of Sebastian,
Florida.
Section 9. Continued on next page.
5
Section 9. This Resolution shall become effective immediately upon 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 James Hill
Councilmember Joe Barczyk
Councilmember Ray Coniglio
Councilmember Edward Majcher
of
The Mayor thereupon declared the Resolution dully passed and adopted this __
,2002.
day
CITY OF SEBASTIAN, FLORIDA
By:
Walter Bames, Mayor
ATTEST:
Sally A. Maio, CMC
City Clerk
(SEAL)
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attomey
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: Construction Board Appointment
ApprRved for Subm~,~A~.~
Exhibits: Applicatior~ Ad, List
Expenditure Required: Amount Budgeted:
Agenda No. ~ . O~ ~
Department Origin: City Clerk's Office
Date Submitted: 9/6/02
For Agenda of: 9/12/02
Appropriation Required:
SUMMARY STATEMENT
Due to the 9/30/02 expiration of Mr. Morris' term, the Construction Board has a regular,
concerned citizen position open. Mr. Morris does not wish to serve another term.
The deadline for applications was 4:30 p.m. on Sept. 4t~. An application was received Thursday
morning at 9 a.m. Council's guidance is sought for inclusion of this application.
RECOMMENDED ACTION
Interview applicant(s), unless waived, and appoint to the following position:
1. Concerned citizen position - term to expire 9/30/02
APPLICATION TO SERVE ON CITY BOARD/COMMi'
(All City Board and Committee Members Must be Residems of the City of ~
sus
BUSINESS ADDRESS:~
BUSINESS PHONIC. :.;...~~BUSINESS FAX: <,,,~'~---- E-MAIL:'-----------
HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN?
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? ~
PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERES'rJ~/D IN SERVING IN ORDER OF
PREFERENCE WITH FIRST CHOICE BEING #1:
BOARD OF ADJUSTMENT
CHAR-rI=X REVIEW coIvllw. 1 lk~_; (se~es only 6 months ~very 7 yea,"s)
CITIZENS BUDGET REVIEW ADVISORY BOARD
CODE ENFORCEMENT BOARD /
CONSTRUCTION BOARD
HANDICAPPED SELF,EVALUATION COMMITTEE
PLANNING AND ZONING COMMISSION
POLICE RETIREMENT BOARD OF TRUSTEES
RECREATIONAL ADVISORY BOARD
TREE ADVISORY BOARD
OTHER TEIv~ORARY COMMri'TEE
': , ' (WRr~ ~ COMMITTEE NAME)
(attach separate resume if necessary)
REASONS FOR WANTING TO SERVE ONBOARD OK COMMITTEE:
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANYSTATE? //~/¢9
HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TuRPrrL!DE ]lq THIS OK ANY STATE?
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVB? y~f
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 truthfolness of all information which I have provided in this
application. I understand that any misrepresentation or ammission of information requested in this
application is eanse for disqualification.
I have been provided with, gad and understand City of Sebastian Code of Ordinances Sections 2-166 through
2-173 (attached). Information relative to a specific board~z is avajla~re~ quested.
Appli¢ant Signature _ J
/, w~ho is p~rsonally known ~o m~., or has produced
as identification.
SEB qSTLAN
REOEIVED
OIT¥ OF SEBASTIAN
OFFIOE OF OITy OLERy~
APPLICATION TO SERVE ON CITY BOARD/COMMITTFF
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME: Stuart A. Houston
HOME ADDRESS: 995 George Street
Sebastian, FL 32958
HOME PHONE: 772-581-7626 HOME FAX: E-MAIL:
p ls4490@highs t ream. net
BUSINESS: Houston & Price, Inc.
BUSINESS ADDRESS: 9436 U.S. 1
Sebastian, FL 32958
166905@
BUSINESS PHONE: 388-8603 BUSINESS FAX: 388-8604 E-MAIL;attglobal.ne
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Yes HOW LONG? 6 mos.
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
Surveyor, Town of Orchid
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMIT-rEE?
WHICH BOARDS/COMMITTEES? No
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 REVIEWADVISORY BOARD (temporary)
CODE ENFORCEMENT BOARD (permanent board)
CONSTRUCTION BOARD (permanent board)
HANDICAPPED SELF-EVALUATION COMMI'I-rEE (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)
Professional Land Surveyor since 1987
REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE:
Interested in maintaining a high quality of construction in Sebastian
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 N THIS OR ANY STATE? No
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S)
SELECTED ABOVE?
Yes
I hereby certify that I am qualified to hold the position for which this application is made. Fur[her, I hereby authorize
the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I
undemtand 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~stian Code of Ordinances Sections 2-166 through 2-173
(attached). Information relative to a specific board or c~av~la~le if requested.
Applicant Signature
Subscribed and sworn to before me this ~ day
~',~%~":~k..'t% '~C::,'~...~'~'~'~, who is perso,aJly
~~-~~ ~ ~. as identification.
~m~ Public, State of Florida ~.~
\wp-form~a pplicat.wpd
rev. 512002
of ~c~. ~'~,'~., by
known to me, or has produced
CITYOF
~tOMF. Ol: PELICAN ISLANB
AUGUST 20, 2002
PRESS RELEASE
CONSTRUCTION BOARD
THE CITY OF SEBASTIAN IS SEEKA~G ~PPLICANTS TO FILL A REGULAR
MEMBER POSITION, WITH AN UNEXPIP~D TERM, ON THE CONSTRUCTION
BOARD.
QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN.
TI{IS BOARD MEETS ON THE SECOND TUESDAY OF EACH MONTH AT 7:00
PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIA~N.
APPLICATIONS ARE AVAH,ABLE 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, SEPTEMBER 4~l,
2002.
CONSTRUCTION BOARD
3 YEAR TERMS
MEETS 2ND TUESDAY EACH MONTH - 7:00 P.M.
MEMBER NAME AND POSITION APPOINTMENT HISTORY
ADDRESS
James G. Schmitz Electrical Contractor Appointed Alternate
1618 Quaker Ln Position Contractor
Sebastian, FL 32958 Position Vacated by Chuck
388-1493 H Neuberger: 3/13/2002
Term to Expire:9130/2004
Appointed Regular Member
Electrical Contractor Vacated
by Chuck Neuberger:.
7/24/2002
Term to Expire: 913012004
1't Regular Member Year
James W. Morris III Regular Concerned Appointed to Concerned
265 Main Street Citizen Position Citizen Regular Position
Sebastian, FL 32958 Vacated by Galbraith:
589-3519 H & Fax 1/10/2001
(772)473-9254 Ceil Term to Expire: 9/3012002
Phone Is in ~ Regular Member Year
Frank A. Garland, Jr. Plumbing Contractor Appointed Plumbing
449 Ponoka Street Position Contractor
Sebastian, FL 32958 Regular Member Position
589-3020 Vacated by Herbig: 11/8/2000
Term to Expire: 9~30~2003
Is in 15t Regular Member
Year
Andrew AIIocco Engineer Position Appointed Regular Member
1485 Barber Street Unexpired Engineer Position
Sebastian, FL 32958 of Hearne: 2/24/1999
388-3188 Term to Expire: 9/30/2000
Reappointed Engineer
Position: 10/11/00
Term to Expire: 9~30~2003
Is in 2nd Regular Member
Year
Meredith Fox Regular Contractor Appointed Regular Member
11301 Rosela nd Road Position Contractor Position Vacated
Sebastian, FL 32958 By William Doyle: 6/23/99
388-5706 H Unexpired Term to Expire:
91303747 Cell 9/3012000
Reappointed Regular
Member Contractor Position:
9/13/20O0
Term to Expire: 913012003
ts in 2nd Regular Member
Year
Louis W. Nicolini HARV Contractor Appointed Harv Contractor
1162 Croquet Land Position: 10f14198
Sebastian, FL 32958 Term to Expire: 9/3012001
388-5764 Reappointed HARV
Contractor
Position: 9/2612001
Term to Expire: 913012004
la in 2nd Full Term and 4th
Regular Member Year
R. Scott Taylor Regular Member Appointed Alternate
117 Arcadia Drive Contractor Contractor
Sebastian, FL 32958 Position Vacated by Heame:
589-0123 H 10114198
Term to Expire: 9130/2001
Appointed Regular Member
Contractor Position of
Thomas
Cecde: 9/1312000
Term to Expire: 913012003
Is in ~ Full Term - ~ Regular
Member Year
Michael D. Wolf Alternate Concerned Appointed Alternate
910 Majestic Ave. Citizen Concerned
Sebastian, FL 32958 Position Citizen Term Vacated by
388-2223 H Pierre Paquette:
388-0629 FAX 3/1312002
Term to Expire: 913012004
Edward B. White Alternate Contractor Appointed Alternate
129 Dock Avenue Position Contractor
Sebastian, FL 32958 Position Vacated by James
589-4431 Schmitz: 7/24/2002
Term to Expire:913012004
BOARD SECRETARY - Kathy Nappi
84
M ICIPAL A_I RT
City of Sebastian, Florida
Subject:
Airport Lease Agreement with Sheltair
Sebastian, LLC.
A. pproveO/for Submittal by:
~ nager
Agenda No. 0 2. / 67 '7
Department Origin: Airport
Dept. Head: ~
Finance:
General Services:
Date Submitted: 9/4/02
For Agenda of: 9/12/02
Exhibits: Airport Lease Agreement with Sheltair Sebastian, LLC.
EXPENDITURE AMOUNT BUDGETED: ] APPROPRIATION
REQUIRED: $ 0 $ N/A [ REQUIRED: N/A
SUMMARY
As you are aware, last year the City of Sebastian accepted two grant agreements
from the Florida Department of Transportation (FDOT), Aviation Section, to
construct T-hangars at a total cost of $1,031,250. Eighty percent of this money
was to be funded from FDOT and the remaining twenty percent ($206,250) was
to come from the Airport Enterprise Fund.
In an effort to increase airport revenues as well as expand upon the services
offered by Sebastian Municipal Airport (SMA), we have negotiated a lease
agreement with Sheltair Sebastian, LLC. Under this proposed agreement, Sheltair
Sebastian will lease five (5) acres +/- of property and take over construction and
management of the T-hangar project.
This arrangement has many benefits to Sebastian Municipal Airport. Most
importantly is the establishment of the first public/private sector partnership for
our airport. This allows a private entity to utilize our public grant funding as
leverage to construct improvements. In return for the use of this grant money,
SMA will get an armual return of 7% on all grant dollars used. This will range
from $42,000 - $56,000 per year depending upon the final cost of the project. This
arrangement has been approved, in writing, from the FDOT. In fact, they support
and encourage such endeavors, as they are pleased to see a concrete return on
their grant dollars given to airports.
In addition to the annual investment fee to be paid to the airport, Sheltair will
also pay $0.11 per square foot annually, yielding approximately $23,960 to SMA.
This means our airport will receive a total revenue increase of $66,000 - $80,000
per year. This results in an astounding 44% increase in our leasehold revenues.
Finally, another financial benefit to SMA is that our 20% match to the FDOT
grant agreement ($206,250) will be paid by Sheltair rather than from the Airport
Enterprise Fund. This means that we can now reprogram that money to be used
for other necessary improvements.
Overall, this proposed lease is an excellent example of the benefits of a successful
public/private sector arrangement. In this case, the private sector partner gains
access to grant funds otherwise unavailable to them and the public sector gets a
tangible return on it's grant dollars as well as the savings of no construction
and/or operating costs.
Both airport staff and representatives from Sheltair Sebastian, LLC. will be
present during your September 12, 2002 regularly scheduled meeting to offer a
brief presentation and answer any questions you may have regarding this
arrangement.
RECOMMENDATION
Move to approve airport lease agreement between the City of Sebastian and
Sheltair Sebastian, LLC.
CITY OF SEBASTIAN
LEASE AGREEMENT
For the Construction and Management o£Aircraft Storage Facilities
Sebastian Municipal Airport
' Sebastian, Florida
Effective Date
Sheltair Sebastian, LLC
TABLE OF CONTENTS
GENERAL PROVISIONS
ARTICLE I PREMISES .................................................................................................... 2
1.1 Condition of Premises
1.2 Construction o£ Improvements by Landlord .................................................................. 3
1.3 Construction of Improvements by Tenant ...................................................................... 3
1.4 Quiet Enioyment ............................................................................................................. 3
1.5 Permitted Uses
1.6 Signage ........................................................................................................................... 3
ARTICLE II TERM OF LEASE
2.1 Construction Term .......................................................................................................... 4
2.2 Commencement Date
ARTICLE IH OPTIONAL EXTENSION ........................................................................ 4
3.1 Tenant Options ............................................................................................................... 4
3.2 Landlord Options ............................................................................................................ 5
3.3 Automatic Increases during Renewed Lease Term ........................................................ 5
ARTICLE IV RENT ........................................................................................................... 6
4.1 Annual Rent .................................................................................................................... 6
4.2 Calculation of Annual Rent and Fees ............................................................................. 6
4.3 Fair Marl<et Value ........................................................................................................... 6
4.4 Annual Investment Fee ................................................................................................... 8
4.5 Fuel Surcharge ................................................................................................................ 8
4.6 Sales Tax ........................................................................................................................ 8
4.7 Time of the Essence ........................................................................................................ 8
4.8 Interest on Amounts Due ................................................................................................ 8
ARTICLE V IMPROVEMENTS TO THE PREMISES ................................................ 9
5.1 ReImbursement of Development Costs .......................................................................... 9
5.2 Funding ........................................................................................................................... 9
5.3 Coordination with Landlord ........................................................................................... 9
5.4 Bidding Guidelines ......................................................................................................... 9
5.5 Improvements ................................................................................................................. 9
5.6 Construction R/sks ............................................................. ~ ............................................ 10
5.7 Confirmation of Ownership ............................................................................................ 10
ARTICLE VI REPAIRS AND ALTERATIONS ............................................................ 10
ARTICLE VII UTILITIES ................................................................................................ 11
ii
ARTICLE VIII TAXES ..................................................................................................... 11
8.I Property Taxes and Assessment ..................................................................................... I 1
8.2 Partial Year ..................................................................................................................... 11
8.3 Delayed Payment ............................................................................................................ 12
8.4 Payment of Sales Tax ..................................................................................................... 12
ARTICLE IX INSURANCE .............................................................................................. 12
9.1 Hazard Insurance ............................................................................................................ 12
9.2 Liability Insurance .......................................................................................................... 13
9.3 Sovereign Immunity ....................................................................................................... 13
9.4 Workers' Compensation ................................................................................................. 13
9.5 Certificates of Insurance ................................................................................................. 13
9.6 Umbrella and Blanket Insurance ..................................................................................... 14
ARTICLE X DESTRUCTION OF IMPROVEMENTS ................................................. 14
10.1 Partial Destruction ........................................................................................................ 14
l 0.2 Total Destruction .......................................................................................................... 15
ARTICLE XI INDEMNIFICATION ............................................................................... 16
ARTICLE XII ENVIRONMENTAL MATTERS ...........................................................17
12.1 Compliance ................................................................................................................... 17
12.2 Use Lirrdtarions ............................................................................................................ 18
12.3 Audit by Landlord ........................................................................................................ 18
12.4 Final Audit .................................................................................................................... 18
12.5 Presumptions ................................................................................................................ 18
12.6 Continuing Obligation .................................................................................................. 19
ARTICLE XIII PREVENTION OF USE ........................................................................ 19
ARTICLE XIV EMINENT DOMAIN ............................................................................. 19
14.1 Effect Upon Term ......................................................................................................... 20
I4.2 Temporary Talcings ...................................................................................................... 20
14.3 Option to Terminate ..................................................................................................... 20
14.4 Reservation of Rights ................................................................................................... 20
ARTICLE XV GOVERNMENT SEIZURE .................................................................... 21
ARTICLE XVI LANDING FEES ..................................................................................... 21
ARTICLE XVII DEFAULT .............................................................................................. 21
17.1 Remedies for Default .................................................................................................... 22
17.2 Remedies Non-exclusive .............................................................................................. 23
17.3 Waiver of Statutory Requirements ............................................................................... 23
17.4 Advances By Landlord ................................................................................................. 23
17.5 Non-Waiver By Landlord ............................................................................................. 23
17.6 Landlord's Lien ............................................................................................................ 24
iii
ARTICLE XVIII LEASEHOLD ENCUMB~NCES ................................................... 24
18.1 Mortgage Authorized .................................................................................................... 24
18.2 Mortgagee's Rights ...................................................................................................... 25
18.3 Additional Rights of Mortgagee ................................................................................... 25
ARTICLE XIX NOTICES ................................................................................................. 27
ARTICLE XX RIGHT TO INSPECT .............................................................................. 27
ARTICLE XXI REMOVAL OF FIXTURES .................................................................. 28
ARTICLE XXII AIRPORT-RELATED RESTRICTIONS ........................................... 28
ARTICLE XXIII NONDISCRIMINATION ................................................................... 29
ARTICLE XXIV ASSIGNMENT AND SUBLETTING ................................................ 30
ARTICLE XXV MISCELLANEOUS .............................................................................. 30
25.1 Binding Effect .............................................................................................................. 30
25.2 Applicable Law/Venue ................................................................................................. 30
25.3 Attorneys Fees .............................................................................................................. 30
25.4 Identit~ of Interest ........................................................................................................ 30
25.5 Entire Agreement .......................................................................................................... 31
Signature Page ...................................................................................................................... 32
EXHIBIT "A" SURVEY AND LEGAL DESCRIPTION
EXI-ELBIT "Al" FINAL AS-BUILT SURVEY AND LEGAL DESCRIPTION
EXHIBIT "B"
EXItlBIT "C"
EXI-IIBIT "D"
EXIt][BIT "E"
EXHIBIT "F"
DEVELOPMENTAL STANDARDS
TENANT'S IMPROVEMENTS
LEASE EXTENSION AGREEMENT
FDOT JOINT PARTICIPATION AGREEMENTS (J'PAs)
INVESTMENT RATIO CALCULATION
AIRPORT IMPROVEMENTS CONSTRUCTION AND LEASE AGREEMENT
THIS LEASE, made and entered into this __ day of September, 2002, 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 Sheltair Sebastian, LLC, a Florida
Limited Liability Company, whose mailing address is 4860 Northeast 12th Avenue, Ft.
Lauderdale, Florida, 33334 (hereinafter referred to as the "Tenant"). The Lm~dlord 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, said property constitutes a portion of the Sebastian Municipal Airport
(hereinafter referred to as the "Airport"); and
WHEREAS, said property is available for aviation and industrial rise for those
activities consistent with or in support of aviation activity; and
WHEREAS, Landlord has undertaken a Improvements upon said designated aviation
property for construction of up to forty (40) T-hangars, has obtained a grant agreement (herein
after referred to as "Grant") for said Improvements from the Florida Department of
Transportation, and has developed design and engineering plans for the same; mhd
WHEREAS, Tenant has expertise in developing mhd managing Improvements of tl~is
nature, and proposes to undertalce development of the Improvements on behalf of Landlord
WHEREAS, the Tenant desires to provide general aircraft services as a Fixed Based
Operator to the general aviation pnblic at Sebastiata Mm~icipal Airport and lease the said
property from the Landlord, and compensate Landlord for transfer of the entrepreneurial
opportunity provided by the Improvements; and
WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to
certain terrns and conditions, and to that end as set forth hereinafrer;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided,
the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as
follows:
ARTICLE I
PREMISES
Subject to the terms and conditions set forth in this Lease, Landlord hereby demises
and leases to Tenant and Tenant hereby leases from Landlord, that certain land, and any
buildings, structures, fixtures, fences, utility installations, parking facilities, landscaping and
irrigation systems currently existing or hereafter located thereon at Sebastian Municipal
Airport, as more particularly described on Exhibit "A" hereto ("Premises"). Tenant shall cause
a survey to be undertaken at its expense ("Survey"). Upon completion of the Improvements, a
final, as-built survey and legal description will be attached, as Exhibit "A-I" to this Lease and
the size of the Premises and Annual Rent will be adjusted if necessary. Tenant hereby leases
the Premises subject to, and Tenant hereby agrees to comply with: (i) all applicable building
codes, zoning regulations, and municipal, county, state and federal laws, ordinances and
regulations governing or regulating the Premises or its uses, (ii) all covenants, easements and
restrictions of record, (iii) Rules and Regulations, of Sebastian Mtmicipal Airport, as the same
may be amended from time to time ("Field Rules"), (iv) Development Standards attached
hereto as Exhibk "B" ("Development Standards"), and (v) the Sebastian Municipal Airport
Master Plan dated 2002, as the same may be amended from time to time (the "Master Plan!').
1.1 ConditionofPremises. Except as agreed to in Paragraph 1.2 herein, Tenant
accepts the Premises "AS-IS". Tenant aclmowledges that Landlord has made no
representations or warranties relating to the suitability of the Premises for any particular use,
other than for the purpose of constructing aircraft T-Imngars and unless otherwise expressly
provided in this Lease, Landlord shall have no obligation wlmtsoever to repair, malutain,
renovate or otherwise incur any cost or expense with respect to the Premises.
(a) Tenant shall not permit any unlawful nuisance, waste or injury on the Premises.
Tenant agrees to surrender the Premises upon the expiration of this Lease, or earlier
termination hereof in a condition substantially similar to the condition of the Premises on tl:e
Commencement Date together with improvements placed thereon, ordinary wear and teat'
excepted.
(b) Tenant shall have the fight to terminate this Lease within ninety (90) days from the
Effective Date of this Lease if Tenant is unable to obtain a title insurance policy due to
outstanding liens and/or encumbrances on the Premises, the reverter fights of the federal
government under the original deed to the City of Sebastian excepted, a successful Phase I
Envirommental Survey, a building permit for the improvements, co~mnation from FDOT
authorizing the disbursement and use of the Grant as contemplated under this lease.
1.2 Construction of Improvements by Landlord. Lamdlord, at its own cost, agrees to
provide a public access roadway, potable waterlines, electricity up to the right-of-way
adjacent to the Premises, an if necessary, access to off-site airport drainage and/or retention
areas no later than the Commencement Date. Additionally, Landlord shall provide up to
eleven thousand cubic yards of fill delivered to the site for Tenant to incorporate into the
Improvements.
1.3 Construction of Improvements by Tenmat. Tenant shall have sole responsibility
for construction of the improvements on the Premises, described in Exhibit "C" hereto,
hereinafter called the "Improvements" on or before December 31, 2003. Any construction by
Tenant on the Premises shall be in accordance with local building codes and shall also be
governed by Exhibit "C" hereto, which is incorporated herein by reference.
1.4 Quiet Enioyment. Landlord agrees that, subject to Tenant's performance of the
terms and conditions of this Lease, Tenant shall peaceably and quietly have, hold alxd enjoy
the Premises in accordance with the terms and conditions of this Lease.
1.5 Permitted uses. The Tenant agrees that the Premises shall be used exclusively for
the purposes of constructing, maintaining, and leasing aircraft storage facilities and related
functions. However, nothing herein shall be construed as anthorizatiun for Tenant to disperse
fuel at the Premises without separate written authorization from the City or as provided for
under parag-raph 4.5. Any use of the 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. Ali aeronautical businesses and activities must be
certified and licensed by the FAA in the appropriate categories of their specific operation and
shall be in compliance with the Field Rules. The Tenant agrees that no use of the Premises
will be conducted in such a manner as to constitute a nuisance or a hazard and that, in
co~mectiun with the use of the Premises, the Tenant will observe and comply with ali
applicable laws, ordinances, orders and regulations prescribed by lawful authorities having
jurisdiction over the Premises.
1.6 Signage. The Tenant shall have the right to erect and maintain such sign or signs
on the Premises as may be permitted by applicable law and the Development Standards;
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.
ARTICLE H
TERM OF LEASE
The Effective Date of th/s Lease Agreement is as first set forth above in the
Preamble. However, the initial Term of the Leasehold hereunder shall include the
Construction Term as defined below and shall continue to run for a period of thirty (30) years
from the Commencement Date as defined below, m~less sooner terminated in accordance with
the terms and provisions hereof.
2.1 Construction Term. The Construction Ten~ of this Lease is defined as the period
begi~ming on the Effective Date and ending immediately prior to the Cmmnencement Date.
2.2 Cormnencement Date. The Commencement Date of this Lease is defined as the
period beginning on the earlier of (i) the date the Tenant receives a Certificate of Occupancy
for a hangar structure on the Premises, or (ii) January 1, 2004.
ARTICLE IH
OPTIONAL EXTENSION
In the Twenty-Fifth (25) year of the Term and in accordance with Paragraph 4.3, a
separate appraisal of the Premises, including all Improvements thereon shall be perfmTned by
a qualified appraiser selected by the Landlord.
3.1 Tenant Options. Within fifteen (15) days after delivery of tiffs appraisal to
Tenant, Tenant may exercise options A, B, or C, as outlined below:
A. Accept the Annual Rent valuation therein and offer in writing to enter a
non-assignable, nonrenewable lease extension agreement for up to ten (10)
additional years begLmaing at the end of the Thirty (30) year Term. This
extension, herein referred to as the Renewed Lease Ten, a, shall be in
accordance with the all provisions herein, except applying a new base
Annnal Rent amount equal to twelve percent (12%) of the value estabhshed
in said appraisal in lieu of paying the Almual Investment Fee. This
Extension Agreement shall be substantially in the form attached hereto as
Exhibit "D".
B. If Tenant is unsatisfied with the twenty-fifth yem' Annual Rent valuation, it
may give notice of its intent to commission a second appraisal by a
certified real estate appraiser to be completed within forty-five (45) days.
4
ii.
iii.
If said appraisal results in a valuation of the
Premises and Improvements within ten percent
(10%) of the initial appraisal, the fignres shall be
averaged.
If a disparity of greater than ten percent (10%)
results, the respective appraisers shall confer and
attempt to negotiate a compromise valuation.
If no compromise results, said appraisers shall
jointly submit the name of a qualified appraiser to
the parties who shall then jointly commission a third
appraisal. Said appraisal value will be used to
establish the rental amount 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 (30) days of establislwnem of a rental value as set
forth above, Tenant may exercise either option contained in
subparagraphs A and C hereof.
C. Tenant also has the option to give notice of its intent to allow the
iease to expire at the end of the tl-firty-year term.
3.2 Landlord Options. If Landlord does not accept Tenant's offer to enter into a
Renewed Lease Term, the lease shall expire at the end of the thirty-year term, but the Annual
Rent for the final three (3) years of the lease shall be waived as additional 6onsideration to
Tenant for relinquishing ownership of all site improvements thereafter.
3.3 Automatic Increases during Renewed Lease Term. During the Renewed Lease
Term, on each anniversary of the Commencement Date, this Annual Rent shall be hicreased
three percent (3%) above the ex/sting amount. However, there shall be n__?o further appraisal
adjustments through the remainder of the Term.
5
ARTICLE IV
RENT
The parties agree that the Annual Rent payable by the Tenant dm'ing the Term of this
Lease shall be as follows:
4.1 Annual Rent. Tenant shall pay to the Landlord Annual Rent for the Premises
(hereinafter referred to as the "Annual Rent") for each twelve (12) month per/od or portion
thereof during the Initial Term and any Extension Term of this Lease, beginning with the
Corrmaencement Date, in the mount detailed below, which Azmual Rent shall be thereafter
payable on a quarterly basis on or before the first day of each tl~ird calendar month (or partial
calendar month) thereafter, in amounts equal to one-fourth (1/4) of the Annual Rent then due,
plus any sales or Annual Rent taxes due on that installment, in advance, in lawfid money of
the United States, without deduction or set-off, at the Finance Department office of the
Landlord. Annual Rent for a partial month during the Ten~a of this Lease shall be prorated
based on the nmuaber of days in such month.
4.2 Calculation of Annual Rent and Fees. Beginning with the Commencement Date,
Annual Rent shall be paid in the amount equal to eleven cents (11¢) per square foot for the
Premises. Until completion of the required as-built survey, the Ammal Rent shall be based
upon a five-acre parcel (5 acres x 43,560 s.f = 217,800 s.f) and adjastments shall be made
following receipt of the survey to reconcile previously paid Annual Rent with the exact land
area. Each year on tire anniversary of the Commencement Date, the Annual Rent shall be
increased three percent (3%) above the existing amount. However, in the fifth year of the
Term and every fifth year thereafter through the end of the Term, in lieu of this automatic
annual adjustnaent, the Annual Rent shall be adjusted by reappraisal to ten percent (10%) of
the fair market value of the Premises excluding any Improvements made by Tenant; however,
in no event shall an increase in Annual Rent based upon reappraisal exceed ten percent (10%)
of the Annual Rent applicable in the year prior to the scheduled increase nor shall the Am~ual
Rent ever be less than the amotmt applicable in said prior year.
4.3 Fair Market Value. The fair market value of the Premises excluding any
Improvements made by Tenant shall be determined by appraisal within six (6) months of the
date on wlfich an adjustment to the Annual Rent is to become effective. Said appraisal shall be
based on the value of comparable property at Airports within the State of Florida and shall not
be restricted to the consideration of properties located at the Airport. The Landlord shall select
a qualified appraiser ("First Appraiser") and notify Tenant of such selection, and the First
Appraiser shall proceed to determine the then fair market value of the Premises excluding any
Improvements made by Tenant and shall provide Teuant and Landlord with a copy of such
appraisal. If Tenant is not satisfied with the First Appraiser's appraisal, Tenant ~vithin fifteen
(15) days after receipt of such appraisal shall notify Landlord of Tenant's selection of a
second appraiser ("Second Appraiser"). If Tenant does not so select a Second Appraiser and
notify Landlord of such selection within such fifteen (15) day period, the First Appraiser's
appraisal shall be conclusive as to flue then fair market value of the Premises excluding any
Improvements made by Tenant.
Ifa Second Appraiser is so selected, he shall prepare an apl~raisal and a copy thereof
shall be delivered to Landlord within forty-five (45) days. If the two appraisals determine
valuations within ten percent (10%) of one another, the valuations shall be averaged to
establish Fair Market Value. If the values vary by more than ten percent (10%), however, the
First and Second Appraisers shall meet within fifteen (15) days after tile Second Appraiser's
report is delivered and attempt to agree on the Fair Market Value.
If the First and Second Appraisers cannot agree, within fifteen (15) days after such
meeting, on the then Fair Market Value of the Premises, then the First and Second Appraisers
shall select a Tlfird Appraiser who shall evaluate the two appraisals thus rendered, meet with
the First and Second Appraisers, and establish a Fair Market Value within the parameters
established by the reports of the First and Second Appraisers. After reaching a decision, the
Third Appraiser shall give written notice thereof to Landlord and Tenant.
(a) Each party shall pay the fees and expenses of each appraiser appointed by such
party, and the fees and expenses of the Tlfird Appraiser and ali other expenses, if any, shall be
borne equally by both parties. Any appraiser designated to serve in accordance with the
provisions of this Agreement shall be designated as an "MAI" appraiser by tile American
Institute of Real Estate Appraisers or shall be comparably qualified to appraise conu-nercial
real estate, shall be disinterested and shall have been actively engaged in the appraisal of
airport real estate for a period of not less than five (5) years immediately preceding iris
appointment.
(b) In the event tile then fair market rental value of the Premises has not been
determined in accordance with the provisions of tiffs Paragraph until after tile date upon which
tile required adjustment is to become effective, payments of the montl~y installments of the
Annual Rent shall be based upon tile rental mount previously in effect. Once determined, the
new Annual Kent shail become effective, retroactive to the date upon which such adjustment7
was required, and withh~ thirty (30) days after the Tenant has received notice of the new
Annual Rent, Tenant shall pay to Landlord any additional Annual Rent that is due and owing,
or if applicable, the Landlord shall reimburse Tenant for the m~ount of any overpayment of
Annual Rent.
4.4 Annual Investment Fee. Beginning when final FDOT Grant money is reimbursed
by the Landlord to Tenant and prorated for the quarter in which tiffs date falls, through the end
of the Initial Term, an Annual Invesuuent Fee shall be paid in addition to and in the same
manner of the Annual Rent. The Amxual Investment Fee shall represent and equate to a seven
percent (7%) annual return to the Landlord on its eighty percent (80%) contribution of
fi.mding from the Florida Department of Transportation Grant Funds that Landlord has been
awarded for the Improvements as set forth in ARTICLE V and funded to the Tenant. In no
event, however, shall the Annual Investment fee be less than forty-two thousand dollars
($42,000). Such grant contribution is subject to final approval by the Florida Departrnent of
Transportation (FDOT).
4.5 Fuel Surcharge. Tenant, upon successful completion of ali 40 T-hangar units,
will, at Tenant's own option, be permitted to install and operate a self-fueling system within
the Premises or other area as approved by the Landlord. As additional rent, Tenant shall pay
to the Landlord five cents (5¢) for every gallon of aviation fuel delivered to Tenant at the
Premises. The m,nount of said surcharge may be modified on an Airport-wide basis from time
to time by Resolution of City Council. Said payments shall be made at the time of paying
Annual Rent, for the previous period, shall be itemized and shall be accompanied by a copy of
the fuel delivery receipts, or such other relevant documents requested by Landlord, for the
subject time period. Landlord shall have a right to audit Tenant's financial records relating to
fuel deliveries upon seventy-two hours written notice.
4.6 Sales Tax. Tenant shall pay Florida sales tax on A~m~ml Rent, if applicable.
4.7 Time of the Essence. The Tenant agrees promptly to perfon,n, comply with and
abide by this Lease, and agrees that timely payment is of the very nature and essence hereof.
4.8 Interest on Amounts Due. Any instalknent of Am~ual Rent, Rent, or other
mounts due from Tenant under this Lease, that is not received witifin ten (10) business days
after it is due, shall bear interest from the date when the stone was due unt/1 paid by Tenant at
the interest rate of eighteen percent (18%) per annum.
ARTICLE V
IMPROVEMENTS TO THE PREMISES
On behalf of Lmadlord, Tenant shall undertake construction of the Improvements
called for in the Joint Participation Agreements with the Ftohda Depamuent of
Transportation, Aviation Section (Project Numbers 409864-1-94-01 and 407345-1-94-0I, for
a maximum eighty percent (80%) contribmion of $400,000 and $425,000 respectively or
$825,000 total) attaal~ed as Exhibit "E" (hereinafter called the "Grant"), in accordance with
the provisions of this Article.
5.1 Reimbursement of Development Costs. The Landlord slmll continue with the
final stages of its existing contract with the LPA Group, Inc. for design and engineering of the
Improvemants and process reimbursement requests pursuant to the Grant. There will be a total
of $105,000.00 in Landlord expenditures related directly to design and development of the T-
hangar Improvements, of which $84,000.00 will be paid by the Landlord through grant
contributions. The remaining twenty percent (20%) balance of said expenditures totaling
$21,000.00 will be reimbursed to Landlord by Tenant within thirty (30) days after Landlord
tums over all completed, FDOT approved specifications, building department permits are
received, studies and other materials required for Tenant to construct Improvements.
5.2 Fanding. Tenant shall manage the bidding and construction of the
Improvements in full compliance with the Grant and shall submit ali reimbursement requests
for FDOT (80%) Grant fundh~g contributions to the Finance Department of Landlord for
expedited processing. Tenant shall provide the funding for Landlord's matclfing contributions
(20%) m~der the Grant and for all expenses not otherwise fanded through the Grant
contribution.
5.3 Coordination with Landlord. In all aspects of bidding and construction of the
Improvements, Tenant shall fully inform and coordinate with the Landlord's Airport Manager
or his designee. Landlord will provide oversight, construction coordination and audit process
with the Tenant to meet acceptable FDOT Grant Assurance requirements.
5.4 Bidding Guidelines. Landlord shall mange procurement and bidding for the
Improvements in accordance w/th guidelines required by law and for grant compliance.
5.5 Improvements. All substantive deviations from the engineering and design
plans developed by Tenant must be approved by Landlord and FDOT in writing, which
approval shall not be unreasonably withheld. No building or other structure shall in any way
curtail the use of the Airport facilities in their usual operations, and ail structures must be
approved, in writing, by the FDOT and the Federai Aviation Admhxistxation ("FAA") prior to
commencement of any construction. The Tenant covenants and agrees that all such
construction shaii be in accordance with the Development Standards, lodal and state codes,
regrflations mad requirements as well as in accordance with all requirements of the FAA mad
FDOT.
5.6 Construction Pdsks. The Tenant shall indenmify, defend and hold the Landlo~rd
harmless from any claims, losses, damages or liens arising out of the construction of any such
buildings or structures.
5.7 Cmffirmation of Ownership. At the end of the Term or earlier termination of
this Lease, for any reason, 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, mhd title defects of any kind.
ARTICLE VI
REPAIRS AND ALTERATIONS
The Landlord shall not be obligated to maintain or repair the Premises or any
improvements located thereon or any part thereof during the Term or any renewal thereof.
The Tenant agrees, at its sole cost and expense, to maintain ail of the Improvements,
(except for the electronic AOA Access Gate leading to the Premises, wlfich once installed by
Tenant, will be maintained by Landlord.) including, but not lira/ted to, buildings (and ail pm'ts
thereof) and the parking and service areas located on the Premises in a good state of
maintenance and repair and to keep the Premises in a clean, neat and orderly condition in
accordance with local ordinances, including but not limited to the Sebastian Land
Development Code, the Development Standards, and all other applicable community
standards and/or ordinances. It is an express condition of this Lease that the Premises be kept
in an attractive and clean manner at ail times.
Upon obtaining the prior written consent of the Landlord, wkich consent may not be
unreasonably withlield, the Tenant, at its sole cost mhd expense, may erect such additional
improvements on the Premises as it deems appropriate and may make such alterations or
major renovations to the then existing improvements as it deems appropriate, provided,
10
however, that such alterations or renovations shall not disturb tile structural integrity of such
existing improvements, mad 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 witll such additions or
renovations.
ARTICLE VII
UTILITIES
The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat,
janitor service, refuse storage and removal, or any other utility or service consumed in
connection with the Premises. The Landlord shall have no liability for the failure to procure,
or the interruption of, any such services or utilities.
ARTICLE VIII
TAXES
8.1 Property. Taxes and Assessment. The Tenant shall pay when due during the Tema
all ad valorem taxes (if applicable), assessments (including, without limitation, stormwater
utility charges) or any other governmantal charge levied or assessed against the Premises
(including the Tenant's leasehold by tile appropriate governmental authorities), together with
ali ad valorem taxes (if applicable) assessment or other governmental charge levied against
any stock of merchandise, furniture, furnishings, equipment and other property located in, or
upon the Premises, owned by the Tenant. All shall be paid by the Tenant on a timely basis
and receipts therefore shall be provided to the Landlord upon request.
8.2 Partial Year. If the Term of this Lease expires or is earlier temainated prior to the
close of the tax year for which any such tax is payable, or if the Term of this Lease
commences on a date other than the first day of such tax year, Tenant shall be responsible for
paying a percentage of tile tax calculated by dividing the nmuber of days that tiffs Lease was
in effect during such tax year by the total nmuber of days that the Premises was leased to
Tenant (excluding any Tenant engaging in a use of the Premises wh/ch results in the Premises
being exempt from taxation) during such tax year. If this Lease is in effect for a period less
than any entire period for wlfich an assessment other titan a tax is imposed, Tenant shall pay a
percentage of the assessment calculated by dividing tile number of days t/lis Lease was in
I1
effect during that assessment period by the total number of days in the assessment period.
8.3 Delayed Payment: In the event Tenant falls to pay such taxes and assessments
when due, Tenant shall be obligated to pay all resuhing interest and penalties on such
delinquent taxes and assessments. Tenant may exercise any rights provided by law to contest
or pay under protest any taxes and shall not thereby be deemed in default under this Lease,
provided that such contest or payment under protest does not result in the inaposition of a lien
for delinquent taxes on the Premises or any Improvements, and Tenant promptly pays all
taxes and assessmenm (and uny interest and penalties with respect thereto) ultimately
determined to be due. No provision of this Lease shall be construed as a release or waiver on
tire part of Landlord of tl~e right to assess, levy or collect any license, personal property,
intangible, occupation or other tax which they, or either of them, may lawfully assess, levy or
collect on the business or property of Tenant. Tenant's obligations under this Article shall
survive the expiration or earlier termination of the Term of this Lease.
8.4 Payment of Sales Tax. Tenant shall be liable, at its sole expense, for any sales,
use or similar taxes with respect to all Annual Rent, Rent, mad other payments made by
Tenmat pursuant to this Lease, which are subject to such taxes. Tenant shall indemnify, defend
and hold Landlord completely harmless fi.om and against any liability, including any interest
and penakies, wlfich might arise in connection with Tenant's failure to timely remit any such
taxes.
herein.
ARTICLE IX
INSURANCE
Tenant must provide insurance coverage meeting or exceeding tha requirements
9.1 Hazard Insurance. Tenant shall at its sole expense, obtain mad maintain
throughout the Term of this Lease, property insurance on and for all Improvements,
equipment, furnishings and other personal property now or hereafter erected, installed or used
at the Premises, on a not less than 80% of replacement cost basis, for the benefit of Landlord
and Tenant as their interests may appear, with such coverage, in such form, and with such
company or companies as Landlord shall approve hi writing, which approval will not be
unreasonably withheld, including coverage for damage by fn-e, the elements or other casualty
with standard extended endorsements. Tenant, on behalf of itself and its insurance carriers,
hereby waives any and all rights of recovery which it may have against Landlord or any other
12
party who it is required to indemnify in accordance with the provisions of this Lease, for any
loss of or damage to property it may stiffer as a result of any fire or other peril insured mhder
an insurance policy wtfich it is required to obtain hereunder.
9.2 Liability Insurance. Tenant shall, at its sole expense, obIaln and maintain
tl~roughout the Term of this Lease, automobile liability insurance on all automobiles used in
connection with its operations at the Premises, environmental contamination remediation
coverage, and alrport/conuuercial general 1/ability insurance protecting the Landlord and
Tenant (including, without limitation, all members of the governing board of Landlord),
officers, agents and employees of each, from and against any and all liabilkies arising out of
or relating to Tenant's Permitted Uses, or the conduct of its operations on the Premises, in the
amount of not less than $2,000,000, except for the environmental remediation coverage which
shall be on a "claims made" basis and be in an amount of not less than $1 million per loss and
$2 million for all losses (or such greater amount as may be maintained by Tenant from time to
time) per occurrence, h~ snch form, mhd with such company or companies as Landiord shall
approve in writing, which approval shall not be unreasonably withheld. Such insnrance shall
include contractual liability coverage for Tenant's covenants to indemnify the Landlord and
the other parties as required under this Lease and shall provide that it is primary insurance as
respects any other valid and collectible insurance the Landlord or any of the other additional
insured may possess, including any self-insured reteution or deductible any of them may have,
mhd that any other insurance carried by any of them shall be considered excess insurance only.
9.3 Sovereign Immunity. The coverage limits of Paragraph 8.2 shall be adjusted
proportionally to any increases in the limits of the sovereign innuunity waivers provided
Landlord mhder law; however, nothing in this paragraph shall be construed as a waiver by
Landlord of the protections of sovereign immunity.
9.4 Workers' Compensation. Tenant shall keep in force, at its sole expense, workers'
compensation or similar insurance affording the reqtfired statutory coverage and requiske
statutory limits. Tenant shall also maintain throughout the term of this Lease employer's
liability insurance with iimits of liability of not less than $500,000 for each of the "each
accident," "disease policy limit," and "disease each employee coverage," or a self insured
program with comparable coverage. Such workers' compensation and employer's liability
insurance or self-insured program shali contain a waiver of any right of subrogation against
Landlord.
9.5 Certificates of Insurance. Within thirty (30) days after the Commencement Date
of tlxis Lease, and within thirty (30) days after the expiration of any policy or policies
provided by Tenant hereunder, Tenant shall furnish an ofiginal certificate of insurance to
Landlord evidencing such coverage, naming the Landlord as an additional insured under the
policies required by this Article, and confkrming that the policy or policies will not be
canceled or modified nor the limits thereunder decreased without thirty (30) days' prior
written notice thereof to Landlord. Tenant shall also provide Landlord with copies of
endorsements and other evidence of the coverage set forth in the certificate of insurance as
Landlord reasonably may request. If Tenant fails to comply with the terms of this Article,
Landlord, shall have the r/ght, but not the obligatiun, to cause insurance as referenced herein
to be issued, and in such event Tenant shall pay the premium for such insurance upon
Landlord's demand. Landlord shall have the fight, exercisable on ninety (90) days prior
written notice to Tenant, to require Tenant, from time to time to reasonably increase the
monetary limits or coverage provided by such policy or policies.
9.6 Umbrella and Blanket Insurance Any such insurance may be maintained by means
of a policy or policies of blanket insurance covering additional items or locations or insureds
and/or umbrella insurance.
ARTICLE X
DESTRUCTION OF IMPROVEMENTS
Danaage to the Improvements by f~re or other casualty shall not cause an abatement
of Tenant's obligation to pay pro-rated Annual Rent to Landlord, or to make any other
payments required to be made by Tenant under this Lease, except as follows:
10.1 Partial Destruction. In the event that less than 80% (based on square footage) of
the principle building/improvements at the Premises is damaged or destroyed by fire or other
casualty, the provisions of this paragraph shall apply.
(a) Tenant shall give prompt written notice thereof to
Landlord, and Tenant, at its own expense, shall promptly
repair, replace and rebuild the same, at least to the same
extent as to the value m~d as nearly as practical to the
clmracter of the Improvements existing irmnediately prior
to such time.
(b) Upon receipt by Tenant and the Landlord of the proceeds
of any property or builder's risk hrsurance policy or
14
(c)
policies, Tenant and the Landlord shall deposit same in an
interest-bearing escrow account to pay for the cost of such
repair, replacement and rebuildh~g. Tenant shall receive
and hold such proceeds (and any interest earned thereon) in
trust for such work, and Tenant shall distribute such
proceeds (and any thterest em-ned thereon during
construction) solely to pay the cost of such work. If rite
antount of such insurance proceeds (together with the
interest earned thereon) is insufficient to pay the costs of
the necessary repair, replacement or rebuilding of such
damaged improvements, Tenant shall pay any additional
sums required, and if the mount of such insurance
proceeds (together with the interest earned thereon) is in
excess of the costs thereof; the an~ount of such excess shall
be retained by Tenant.
During such period of partial destruction, the Tenant
obligations for Annual Rent and other payments, shall be
partially abated based upon a fair and reasonable prorated
basis, comparing the percentage of deslruction to rite total
square footage of the Improvements.
10.2 Total Destruction. In fire event more than 80% of the principal improvement
erected on the Premises is destroyed by fire or other casualty, the Tenant, at its option, may
cause said improvements to be replaced or said danaage to be repaired as rapidly as
practicable. The Landlord shall proportionally abate the Tenant's Annual Rent during tiffs
time for replacement or repair.
(a) In the event the Tenant elects to repair and/or replace the building and
other improvements on the Premises, the provisions of Paragraph 10. l(b)
shall apply.
(b) If the Tenant, at ks option, elects not to repair and/or replace the building
and improvements upon the Premises, the Tenant shall, at its sole expense,
remove ali remaining portions of the damaged or destroyed building and
improvements and all rubble or debris resulting therefrom and properly
dispose of such debris in accordance with all applicable laws
15
regulations. Thereafter, the Lease shall be terminated and the Tenant and
Landlord shall share the remaining insurance proceeds according to the
following process:
i. Any outstanding mortgages encumbering Tenant's leasehold
interest in and occasioned by construction of said improvements
shall be paid through the insm'ance proceeds. Any and all dollars
left after repayment of mortgages shall herein be referred to as
Remaining Proceeds.
ii. An Investment Ratio shall be determined l~y dividing the Tenant's
total contribution (including the unamortized mortgage amount for
the construction of such improvements) by the total cost of
Improvements [FOR EXAMPLE: if total Tenant contribution is
$800,000 and total project cost is $1,600,000, then the Investment
Ratio would be .50 or 50%}. This Investment Ratio shall be
calculated by Tenant, utilizing the method shown, within sixty (60)
days after completion of such improvements and will be attached
hereto as Exhibit "F".
iii. A Prorated Rate shall be detem~ined by d/viding the number of
years remaining on the Lease by Tl~ty (30). [FOR EXAMPLE: if
there are 20.5 years remaining on the lease, then the Prorated Rate
will be .683 or 68.3%}.
iv. The Remaining Proceeds shall be multiplied by both the Investment
Ratio and the Prorated Rate. This anaount shall be paid to the
Tenant, less any sums paid under the conditions of Paragraph (i)
above. The balance of the Remaining Proceeds shall be paid to the
Landlord. {FOR EXAMPLE: Remaining Proceeds ($I,000,000) x
Investment Ratio (.5) x Prorated Rate (.683) = $341,500 -
($200,000) Mortgage amount = $141,500 paid to Tenant and
$858,500 paid to Landlord}
16
ARTICLE XI
INDEMNIFICATION
Tenmxt shall indemnify, defend and l~old completely harmless Landlord and, to the
extent required by the Grant, the granting agencies, from mud against any and all liabilities
(including, but not limited to, liability with respect/to any Hazardous Substances and liability
tmder the Comprehensive Environmental Response, Compensation and Liability Act, as it
may be amended from thne to time "CERCLA"}, and any other Environmental Law), losses,
suits, claims, demands, judgments, fmcs, damages, penalties, costs and expenses (including
all costs for investigation and defense thereof, including but not limited to court costs,
reasonable expert fees and reasonable attorneys' fees m~d costs, including fees and charges for
the services of paralegals or other personnel working under the supervision of such attorneys
{"Attorneys' Fees"}) which may be incurred by, charged to or recovered from any of the
foregoing: (i) by reason or on account of damage to or destruction of any property of
Landlord, or any property of, injury to or death to any person resulting from or arising out of
the use, occupancy or maintenance of the Premises or any Improvements, or the Tenant's
operations thereon, or the acts or omissions of Tenant's officers, employees, agents,
contractors, subcontractors, licensees or invitees, regardless of where the damage, destruction,
injury or death occurred, except to the extent that such liability, loss, suit, claim, demand,
judgment, frae, damage, penalty, cost or expense was proximately caused by the person to be
indemnified hereunder, (ii) arising out of the failure of Tenant to keep, observe or perform
any of the covenants or agreements in this Lease to be kept, observed or perfon2ed by Tenant,
or (iii) imposed on or assessed against the Landlord by reason of or arising out of any act or
omission on the part of Tenant, any subTe~mnt or any other person acting by, fl~rough or for
Tenm~t or any subTenant of Tenant. Landlord agrees to ~ve Tenant reasonable notice of any
suit or claim for winch indemnification will be sought by it herem~der, to allow Tenant or its
insurer to compromise and defend the same to the extent of its interest and to reasonably
cooperate with the defense of any such suit or clah2. In carrying out its obligations hereunder,
Tenant shall use counsel reasonably acceptable to the Landlord. The provisions ofth/s Article
shall survive the expiration or earlier termination of this Lease with respect to any acts or
omissions occurring during the term of this Lease.
ARTICLE XII
ENVIRONMENTAL MATTERS
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12.1 Compliance. Tenant shall comply with ail "Enviranmemal Laws", which are
defined as all applicable federal, state and local statutes, laws, ordinances, regulations,
administrative rulings, orders and requirements pertaining to the protection of the
envirom~ent, including but not limited to, the Landlord's rules and regulations, and including,
but not limited to those regulating the use, storage, handling and disposal of any contaminant,
toxic or hazardous waste, or any other substance the removal of which is required or the use
of wlfich is restricted, prohibited or penalized under any federal, state or local statute, la,v,
ordinance, regulation, rule or judicial or administrative order with respect to envirmm~ental
conditions, health, or safety, including, without limitation, asbestos or petroleum products
("Hazardous Substances").
12.2 Use Limitations. Further, dtu'ing the Term of this Lease, neither Tenant nor any
agent or party acting at the direction or with the consent of Tenant shall use, store, handle or
dispose of by any means any Hazardous Substances at the Premises, except that Tenant shall
be entitled to use Hazardous Substances of the type and in the quantities typically used by
companies performing similar aviation services in accordance with all applicable
Environmental Laws.
12.3 Audit by Landlord. Upon reasonable notice to Tenant, the Landlord may
conduct or cause to be conducted fltrough a third party that it selects, an environmental audit
or other investigation of Tenant's operations to determine whether Tenant has breached its
obligations under subparagraph (a) above. Tenant sl~all pay all costs associated with said
investigation and if such investigation shall disclose any such breach by Tenant, and shall
inzmediately remediate any contamination resulting from the same.
12.4 Final Audit. Witlfin thirty (30) days prior to tl~e expiration or termination of this
Lease, Tenant shall commence a Phase I Environmental Assessment ("Phase I-EA") in
accordance with ASTM Standard ASTM E-1527, or such other commonly recoginzed
standard as may be in effect at that time, on the Premises. If the Phase I-EA reveals any areas
of environmental concern that, in the Landlord's reasonable discretion, warrant further
investigation, Tenant shall commence an appropriate Phase II Environmental Assessment
("Phase II-EA") including sampling and analysis of soil and groandwater necessary to
determine whether or not contamination has occurred. Copies of the EAs shall be provided to
the Landlord upon completion and shall be certified to be for the benefit of the Landlord by
the environmental consultant performing the EA. Tenant shall promptly m~dertalce and pursue
diligently to completion any remedial measures indicated by the above-described
envirommental assessments.
12.5 Presmnptions. Notwithstanding any other provision hereof Tenant does not
undertake any obligation to remediate, or to talce any other action with respect to any
environmental condition not attributable to actions at the Prem/ses (or elsewhere at the
Airport) by Tenant, its officers, employees, agents, contractors, subcontractors, licensees or
invitees. After construction comauences, the presence of m~y Hazardous Material on the
Premises shall raise the rebuttable presumption that Tenant is the cause of such presence and
any flmmes emanating from the Premises.
12.6 Continuing Obligation. The provisions oftl~is Article shall survive the expiration
or earlier termination of the Term of this Agreement.
ARTICLE XIII
PREVENTION OF USE
If, after the effective date of this Lease, the Tenant is precluded or prevented from
using the Premises for those primary purposes identified in Article IV of this Lease, by reason
of any zoning law, ordinance or regulation of Landlord or others having jurisdiction over the
Premises and such prolfibition shall continue for a period in excess of ninety (90) consecutive
days, the Tenant may terminate tlfis Lease by giving Landlord fifteen (15) days notice in
writing, in addition to any other remedies available to Tenant applicable by law.
ARTICLE XIV
EMINENT DOMAIN
If all of the Premises shall be taken under a power of eminent domain by another
goverm~aental agency, ail of the compensation or proceeds awarded for the talcing of the land,
building and/or improvements on the Premises shall be divided amongst the Landlord and
Tenant according to the following process:
ii.
Any outstanding mortgages encumbering Tenm~t's leasehold interest in
and occasioned by constrnction of said improvements shall be paid in
full through such award. Any and all dollars left aker repayment of
mortgages shall herein be referred to as Remai~fing Proceeds.
As listed above, in Paragraph 10.2, an Investment Ratio shall be
determined by dividing the Tenant's total contribution (hacluding the
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unamortized mortgage mount for the construction of such
improvements) by the total cost of Improvements {FOR EXAMPLE: if
total Tenant contribution is $800,000 and total project cost is
$1,600,000, then the Investment Ratio would be .50 or 50~/o}. This
Investment Ratio shall be calculated by Tenant, with method shova~,
within sixty (60) days after completion of such improvements and w/Il
be attached hereto as Exhibit "F".
iii. The Remahaing Proceeds shall be multiplied by the Investment Ratio.
This amount shall be paid to the Tenant, less any sinus paid under the
conditions of Paragraph (i) above. Tl~e balance of the Remaining
Proceeds shall be paid to tlxe Landlord. {FOR EXAMPLE: Remaihing
Proceeds ($I,000,000) x Investment Ratio (.5) -- $500,000 - Mortgage
amount ($200,000) = $300,000 paid to Te~mnt and $700,000 paid to
Landlord}
It is understood and agreed that all conde~mmtion proceeds for any Partial Talcing of
the Premises shall be held in trust and used for the repair and reconstruction of the Premises
and replacement of the Improvements, with any portion of such proceeds not needed for such
repair, reconstruction and replacement to be retained by Landlord.
14.1 Effect upon Term. Upon a Taking of the entire Premises, Tenant's interest in
this Lease shall continue until the Taking is completed by deed, contract or final order of
condemnation, unless otherwise specified by court order. If the Taldng is of substantially all
of the Premises, Tenant may, by notice to Landlord within n/nety (90) days after Tenant
receives notice of the Talcing, elect to treat the taldng in accordance with the preceding
sentence. If Tenant does not so notify Landlord, this Lease shall remain in full force and
effect covering the balance of the Premises not se taken, except that the Annual Reat payable
hereunder by Tenant shall be equitably adjusted (a "Partial Takh~g").
14.2 Temporary Takings. Upon any Talcing of the temporary use of all or any part of
the Premises or Improvements, or both, neither the Term nor the Annual Rent shall be
reduced or affected in any way and Tenant shall be entitled to may award for the use or estate
taken.
t4.3 Option to Terminate. If either a temporary or partial talcing is to such an extent
that it is impracticable for the Tenant to conthme the operation of its business on the Premises,
the Lease, at the option of either party, may be terminated.
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14.4 Reservation of Rights. Nothing herein shall prevent the Landlord and/or the
Tenant from seeking any and all damages sustained from the conderaning agency by reason of
fire exercise of the power of eminent domain, specifically including the fight of Tenant to
claim business damages.
ARTICLE XV
GOVERNMENT SEIZURE
In the event the United States Govenmaent, or any agency or subdivision thereof, at
any time during the term of this Lease talces over the operation or restricts the use of the
airfield and/or Airport which results hi 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 thne the Tenant has been deprived of the value
of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, either party,
at its sole discretion, may terminate this Lease.
ARTICLE XVI
LANDING FEES
Tenant is specifically prohibited from charging Landing or any other type of runway
use fees. Nothing in this Lease shall act to prohibit the Landlord from charging such fees, as it
deems necessary or desirous.
ARTICLE X-VII
DEFAULT
The occurrence of any of the following shall constitute an event of defanlt (an "Event
of Default") by Tenant under this Lease: (i) the failure of Tenant to make any payment of
Annual Rent, Rent, or any other payment required to be made by Tenant hereunder when due
which failure is not remedied within ten (10) days following receipt of ~witten notice from
Landlord; (ii) the failure of Tenant to keep, observe or perform any other matefial covenant or
agreement herein, and the continued failure to observe or perform any such covenant or
agreement after a period of thirty (30) days after written demand; (iii) commencement by or
against the Tenant of an insolvency or bankruptcy proceeding, including, without lin~itation, a
proceeding for liquidation, reorganization or for the readjustu~ent of its indebtedness, or the
insolvency of the Tenant, or an assignment or arrangement for the benefit of its creditors or
the appointment of a receiver, trustee or custodian, provided, however, that any of the
21
foregoing set forth in this subsection wlxich is commenced by a person other than Tenant shall
not constitute an Event of Default if it is discharged within sixty (60) days following receipt
of written notice from Landlord; or (iv) the placement of any lien upon the Prem/ses or any
Improvements (excluding liens for taxes which are not delinquent and Mortgages permitted
hereunder) which is not discharged of record by payment or bond within flfirty (30) days
following receipt of written notice from Landlord.
17.1 Remedies for Defanlt. Upon the occurrence of an Event of Default, the
Landlord may in its sole discretion pursne any of the following remedies, or such other
remedies as may be available to the Landlord at law or in equity:
(a) Landlord may terminate the Lease and re-enter mhd repossess the Premises; or
(b) Landlord may, without temxinating this Lease, terminate Tmmnt's right to
possession of the Premises, retake possession of the Premises, and recover
immediately from the Tenant damages calculated as follows:
(i) all zmpaid gamual Rent and other payments due from Tenant that had
been earned at the time of termination of Tenant's right to possession,
together with,
(ii) the amount by which the unpaid Annual Rent and other payments due
from Tenant, earned after the date of tem~ination of Tenant's right to
possession of the Premises until the time of award, exceeds the amount of
the loss of Annual Rent and other payments due from Tenant that
Landlord proves has been or could have reasonably been avoided.
(c)
For purposes of the calculation of damages described above, and in subsection (c)
below, payments other than Annual Rent due fi'om Tenant after the termination of
Tenant's right to possession of the Premises shall be based upon the average of
such payments payable thtring the thirty-six (36) month period prior to the
tenxtination of possession (or, if shorter, the prior period of the Term of the
Lease).
Upon entry of judgment for such damages, as described above, this Lease
shall be deemed to be terminated; or
Landlord may, without terminating this Lease, terminate Tenant's r/ght to
possession of the Premises, retake possession of *.he Premises and re-let the
Premises, or any part or parts thereof for the account of Tenant for a term which
may, at Landlord's option, be less than or exceed the period which would
otherwise have constituted the balance of the Term of this Lease. In such event
Tenant shall pay to Landlord any deficiency between the A~mual Re~t and other
charges herein reserved and the net amount of the rents and other charges
collected on account of any other lease of the Premises for each month of the
period that would otherwise have constituted the balance of the Tenu of this
Lease. Landlord may recover such deficiency from Tenant at flue time each
payment becomes due under the Lease.
Irrespective of the exercise of either of the above-referenced options, Landlord shall
have the right to recover all unpaid A~mnal Rent, Annual Rent and other payments earned by
Landlord prior to the date of termination of possession or of flue Lease, and ail of Landlord's
costs, charges and expenses, including reasonable Attorneys' Fees, incurred in connection
with the recovery of sums due under this Lease, or due to the breach of any covenant or
agreement of Tenant contained in this Lease, including any costs mud expenses of re-letting
the Premises, such as ali necessary repairs and renovations, all brokerage fees and Attorneys'
Fees. Landlord will have the right at any time following an Event of Defa~flt to elect to
terminate the Lease. No action taken by Landlord pursuant to this Article shall be deemed to
terminate tlfis Lease unless written notice of temuination is given by Landlord to Tenant.
17.2 Remedies Non-exclusive. The rights and remedies given to Landlord by this
Lease shall not be exclusive, and in addition thereto, Landlord shall have such other rights and
may pursue such other remedies as are provided by law or in equity. Al1 such rights and
remedies shall be deemed to be cumulative, and the exercise of one such right or remedy by
Landlord shall not impair its standing to exercise any other right or remedy.
17.3 Waiver of Statutory Requirements. Tenant hereby expressly xvaives any notices
of default not specifically provided for herein, including, without limitation, the notice
requirements provided for in Section 83.20, Florida Statutes, and all rights of redemption, if
any, granted under present or future law in the event Tenant shall be evicted or dispossessed
for any cause, or in the event Landlord shall obtain possession of the Premises by virtue of the
provisions of this Agreement or otherwise.
17.4 Advances By Landlord. The Landlord shall have the option, without waiving or
impaixing 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
secttred by this Lease, and shall be promptly due and payable to the Landlord. If Landlord has
23
paid any sums of money or incurred any obligation or expense for which Tenant is obligated
to pay or reimburse Landlord, or if Landlord is required or elects to do so because of the
failure of Tenant to perform any of the terms or conditions of tiffs Lease, then the sane shall
be deemed Amuual Rent and shall be paid to Landlord in accordance with Article III herein.
17.5 Non-Waiver By Landlord. No waiver of any covenant or condition or of the
breach of any covenant or condition of tiffs Lease shall constitute a waiver of any subsequent
breach of such covenant or condition or justify or authorize the non-observance on any other
occasion of the same or of any other covenant or condltiun hereof. The acceptance of Amhual
Rent, Annual Rent or other payments from Tenant by Landlord at any time when Tenant is in
defanlt under this Lease shall not be construed as a waiver of such default or of Landlord's
fight to exercise any remedy arising out of such default, nor shall any waiver or indulgence
granted by Landlord to Tenant be taken as an estoppel agaflust Landlord, it being expressly
understood that Landlord may at any time thereafter, if such default continues, exercise any
such remedy in the marmer hereinbefore provided or as otherwise provided by law or in
equity.
17.6 Landlord's Lien. In the event of the Tenant's breach of any of the provisions
of this Lease, the Landlord shall thereupon lave a lien upon all revenues, income, rents,
earnings mhd profits from the Premises as additional security to flue Landlord for the Tenant's
faitl~afi, d performance of each of the terms and provisions hereof, and to secure payment of all
sums owing to the Landlord hereunder, subject to any mortgages encumbering the Premises
from the development of the Improvements. Such liens shall be superior in dignity to the
rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed
for the Tenant's property, or any other person clahuing under the Tenant. Upon the
Landlord's termination of the Tenant's rights mhder this Lease by reason of the Tenant's
default, ali such revenues, income, rents, earnings and profits derived or accruing from flue
Premises from the date of such termination by the Landlord slutll constitute the property of the
Landlord, and the same is hereby declared to be a trust ftuhd for the exclusive benefit of the
Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed
for the Tenant's property. The provisions of this paragraph shall be effective ~vithout the
Landlord's re-entry upon the Premises or repossession thereof, and without any judicial
determination that the Tenant's interest under said lease has been terminated.
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ARTICLE XVIII
LEASEHOLD ENCUMIIRANCES
18.1 Mortgage Authorized. Tenant may encumber only its leasehold estate by the
execution and delivery of a Mortgage. Landlord's written consent is required before any
mortgage, other than one for consumction on the Premises, is made which encmnbers said
Leasehold estate. Landlord will not subordinate its interest in the Premises or in tins Lease to
any Mortgage. The Mortgagee of any such Mortgage may deliver to Landlord a written
notice specifying (i) the mount of the obligation secured by the Mortgage mad the date(s) of
the maturity thereof; and (ii) the name mhd address of the Mortgagee. After receipt of such
notice, Landlord shall serve such Mortgagee by certified or registered mail, at the latest
address furnished by such Mortgagee, a copy of every notice of default or demand served by
Landlord upon Tenant under the terms and provisions of this Lease so long as such Mortgage
is in effect. In the event of any assignment of a Mortgage or ha the event of a change of
address of the Mortgagee or of an assignee of such Mortgage, notice of the new nan~e and
address shall be provided to Landlord.
18.2 Mortgagee's Rights. Upon receipt of a notice of defank, Mortgagee shall have
thirty (30) days after receipt of such notice within which, at Mortgagee's election, either: to
cure the default if it can be cured by the payment or expenditure of money; to perform such
other action as may be necessary to cure the default or if the default is not a default in the
payment or expenditure of money and is curable but cammt be cured within thirty (30) days,
to commence performance within such tlfirty (30) day period and thereafter diligently
prosecute the same to completion, in winch event the default will be deemed to have been
cured. In the event it is necessary for Mortgagee to obtain possession of the Premises ha order
to cure a default, Mortgagee shall be deemed to have cured said default if it instiv, ttes
foreclosure proceedings within such thirty (30) day period and completes such foreclosure
proceedix~gs or otherwise acquires Tenant's interest under tiffs Lease with diligence mhd
continuity and thereafter commences and diligently proceeds to cure such default; provided,
however, that Mortgagee slmI1 not be required to continue such possession or continue such
foreclosure proceedings if the default which would have been the reason for serving a defanlt
notice shall be cured, and provided further, that nothing in this Article shall preclude Landlord
from exercising any rights or remedies under this Lease with respect to any other default by
the Tenant during any period of such forbearance.
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18.3 Additional Rights of Mortgagee. In the event of fomclosure by any Mortgagee,
the purchaser at the foreclosure sale or the Person acquiring Tenant's interest in lieu of
£oreclosure shall succeed to and be bound by all of Tenant's rights, Lnterests, duties and
obligations under this Lease. In the event that a Mortgagee shall become the owner or holder
of the Tenant's interest by foreclosure of its Mortgage or by assignment of this Lease in lieu
of forealosure or otherwise, the term "Tenant", as used in this Lease, means only the owner or
holder of the Tenant's interest for the time being so that, in the event of a sale, assigm~aent or
other disposition of the Tenant's interest in tkis Lease by the Mortgagee, the Mortgagee shall
be entirely freed and relieved of all covenants and obligations of the Tanant under this Lease
arising after the date of such sale, assignment or other disposition, and it slmll be deemed and
construed, without further agreement between Landlord and Mortgagee or between Landlord,
Mortgagee and the Mortgagee's purchaser or assignee at any such sale or upon assigxmaent of
Tenant's interest, that the purchaser or assignee of Tenant's interest has assumed and agreed
to carry out any and all covenants and obligations of Tenant.
In the event of the termination of this Lease or of any extension of said Lease prior to
its stated expiration date, or in the event of the termination of Tenant's right to possession of
the Premises as a result of an event of default by Tenant hereunder, Landlord will enter into a
new lease of the Premises with Mortgagee or, at the request of such Mortgagee, with a
corporation which is wholly owned by such Mortgagee, for the remainder of the term
effective on the date of such termination of this Lease (or ternrinafion of Tenant's right to
possession of the Premises) at the Annual Rent and upon the covenants, agreements, terms,
provisions and lfl=itafions contained in this Lease, provided that such Mortgagee makes
written request and executes, acknowledges and delivers to Landlord such new lease within
thinly (30) days from the date of such termination of this Lease (or termination of Tenant's
right to possession of the Premises) and such written request and such new lease are
accompanied by payment to Landlord of all amounts tlxen due to Landlord, including
Attorneys' Fees incurred by Landlord in connection with any such default and termination as
well as in connection with the execution and delivery of such new lease. In addition,
immediately upon execution of such new lease, Landlord shall execute, ackuowledge and
deliver to Mortgagee an assignment of all subleases covering the Premises which theretofore
may have been assigned and transferred to Landlord and all subleases under which
subTenants shall be required to attom to Landlord pursuant to tire terms and conditions of
26
such subleases or this Lease. Such assignment by Landlord shall be deemed to be without
recourse as against Landlord.
Reference in this Lease to a Mortgagee shall be deemed to refer, where circumstances
require, to any assignee of a Mortgagee; provided that such assignee shall fmwvard to the
Landlord a duplicate original of the assignment of the Mortgage, together with a written
notice setting forth the name and address of the assignee.
ARTICLE XIX
NOTICES
Any notice, report, statement, approval, consem designation, demand or request to be
given and any option or election to be exercised by a party under the provisio~ts of this Lease
shall be effective only when made in writing and delivered (or mailed by registered or
certified mall with postage prepaid or overnight/express delivery,) to the other party at the
address given below:
Landlord:
Tenant:
City of Sebastian
Atto: City Manager
1225 Main Street
Sebastian, FL 32958
Sheltair Sebastian, LLC
4860 Northeast 12th Ave
Ft. Landerdale, FL 33334
provided, however, that either party may designate a different representative or address from
time to tinge 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 filrnished to the Tenant.
ARTICLE XX
RIGHT TO INSPECT
The Landlord may enter the Premises upon reasonable notice:
(a) To inspect or protect the Premises or any Improvements located thereon;
(b) To determine whether the Tenant is complying with the applicable laws, orders
or regulations of Landlord or any lawful goven~nent agency having jurisdiction over the
Premises or any business conducted therein;
27
(c) To exh/bit the Premises to any prospective purchaser or tenm~t 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; or
(d) To retrieve stored data tSom required security installments.
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.
ARTICLE XXI
REMOVAL OF FIXTURES
At the expiration of the Lease, any and all trade equipment, signs and personal
property, used by the Tenant in the operation of its business, on the Premises shall remain the
Tenant's sole property and the Tenant shall have the right to remove the stone provided any
damages in removal are repaired by the Tenant at Tenant's sole cost. However, any such
property remaining on the Premises more tim sixty days after said expiration shall be deemed
the property of Landlord. Fixtures shall not be removed and are considered the property of
Landlord.
A fixture shall be defined as an article, wl~ich was a chattel, but which, by being
physically annexed or affixed to the realty by the Tenant and becoming incapable of being
removed without structural or functional damage to the realty, becomes a part and parcel of it.
Non-fixtures perso~mlty owned by the Tenant at the expiration of the term or earlier
termination of this Lease, for any reason, shall continue to be owned by Temmt and, at its
option, it may remove all such personalty, provided the Tenant is not then in default of any
covenant or condition of tlfis Lease, otherwise all such property shail remain on the Premises
until the damages suffered by the Landlord from any such default have been ascertained and
compensated. Any damage to the Premises caused by the removal by Tenm~t of any such
personalty shail be repaired by Tenant forthwith at its expense.
ARTICLE XXII
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AIRPORT-RELATED RESTRICTIONS
The Tenant acknowledges that the Landlord is reqnired by law to operate trader an
Airport Master Plan mad the Tenant covenants that it will use the Premises consistent with the
Airport Master Plan.
Landlord has directed the development plans for the Improvements and represents that
they are consistent with flue Airport Master Plaat and in compliance with the requests of all
Federal, State, and Local rules and regulations.
The Tenant expressly agrees for itself, its successors and assigns, to restrict the height
of structm-es, objects of natural growth and other obstructions on the Prem/ses to such a height
so as to comply with all Federal Aviation Regulations, State taws and local ordinmuces, rules
and regulations now existing and hereinafter promulgated.
The Tenant expressly agrees for itself, its successors and assigns, to prevent any use
of the Premises that would interfere with or adversely affect the operation or maintenance of
the Airport or otherwise constitute an Airport hazard. The Tenant covenants and
aclmowledges that the use of the Premises as proposed by the Tenant does not interfere with
or adversely affect the operation or maintenance of the Airport or otherwise constitute an
Airport hazard. The Landlord reserves tmto itself, its successors and assigl~s, for the use and
benefit of the public, a fight of flight for the passage of aircraft in the airspace above the
surface of the Premises, together with the fight 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 off from, or operating on the
Airport.
ARTICLE XXIII
NONDISCRIMINATION
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 framing
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 Premises and the furnishing of
services thereon, no person on the pounds of religion, gender, marital status, race, color or
national origin shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with ail
other requirements imposed by or pursuant to Tire 49, Code of Federal Reg~flations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination
in Federally Assisted Programs of the Deparmeent of Transportation - Effectuafion of Title
VI of the Civil Rights Act of 1964.
In the event of the breach of any of the above non- discrimination covenants, the
Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall
immediately commence curative action. Such action by the Tenant shall be diligently pursued
to its conclusion, and if the Tenant shall then fail to conm~ence or diligently pursue action to
cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter
and repossess the Premises.
ARTICLE XXIV
ASSIGNMENT AND SUBLETTING
Except for the leasing of individual hangm' spaces in the normal course of business,
Tenant shall not assign this Lease or sublet the Premises or any po~ion thereo£, or otherwise
transfer any right or interest hereunder without the prior written consem 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 the particular instance specified in the written consent and the
Tenant shall not be relieved of any duty, obligation or liability m~der the provisions of its
Lease, unless otherwise provided for hi Landlord's consent.
ARTICLE XXV
MISCELLANEOUS
25.1 Binding Effect. The terms and provisions of this Lease shall be binding on the
parties hereto and their respective heirs, successors, assigns and personal represematives, and
the terms of any Addendm:q attached hereto are incorporated herein. It is acknowledged that
the vaiidity of said Lease is subject to its approval by the Federal Aviation Administration.
25.2 Applicable Law/Venue. In the event of litigation arising out of this writing,
venue shall be in Indian River Coma[y, Florida and the terms of this Lease shall be construed
and enforced according to the laws of the Shate of Florida except to the extent provided by
30
Federal law. THE PARTI]~S HERETO SPECIFICALLY WAIVE THE RIGHT TO TRIAL
BY JURY IN ANY SUCH LEGAL PROCEEDING.
25.3 Attorneys Fees. In any action arising out of the enforcement offltis vn'iting, the
prevailing party shall be entitled to an award of reasonable attomeys fees mhd costs, both at
trial and ail appellate levels, based upon the prevailing rates nf private attorneys in the venue.
25.4 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 relationsh/p between them shall be and remain only
that of landlord and Tenant.
Each party covenants and agrees that, except as etsexvhere specifically provided for
in this Lease, it has no power to incur any indebtedness giving a right to a lien of any kind or
character upon the right, title and interest of the other party in and to the propert~ covered by
this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly,
derived tkrough or under the other parry, 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 iaborer
bestowing labor upon the Premises, a mechanic's lien npon the Landlord's estate under the
provisions of the Florida Statutes, or any subsequent revisions thereof.
25.5 Entire Agreement. This Lease contains ali of the understandings by and
between the parties hereto relative to the leasing of the Premises, and all prior or
contemporaneous agreements relative thereto have been merged herein or are voided by this
instrm~ent, wlfich 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.
31
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year ftrst above written.
ATTEST:
CITY OF SEBASTIAN
A Mmficipal Corporation
Sally A. Maio, CMC
City Cleric
By:
Terrence R. Moore, City Manager
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Rich Stringer, City Attorney
Sheltaiz Sebastian, LLC
By: Gerald Holland, Managing Member
32
EXHIBIT A
ow
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EXHIBIT A- 1
TO BE INSERTED LATER, PER LEASE
AGREEM-ENT
EXHIBIT B
Sebastian Municipal Airport.
Developmental Standards
Exhibit "B"
Page 1 of 6
Part I: SIGNAGE PLAN
1.1 Building Signs
A.) General
1.) All signage shall be designed, constructed, and located in accordance w/th
the following design criteria and shall be subject to the written approval of
the landlord and approved by the City of Sebastian. The criterion has been
established to govern the design, fabricatio~ and installation of single and
multi-tenant signage and is intended to provide all tenants with good
visual identification.
B.) Procedural Requirements
1.)
Prior to sign fabrication, Tenant shall submit, or cause to be submitted, to
Landlord for approval, one (1) set of detailed drawings indicating the
location, size, layout, fabrication and installation method, design, copy
style and color of the proposed signage including window/door lettering
and/or graphics. Drawings shall show the full fascia with architectural
featm'es of the specific finished structure.
2.)
Tenant's sign contractor' shall be a reputable sign fabricator, whose
principal business is the fabrication of similar individual reverse
illuminated channel letters, who has been in business for a minimum of
three (3) years. Additionally, Tenant shall submit, or cause to be
submitted; to Landlord a Certificate of Compensation Insurance of type
coverage and limits as approved by the Landlord in writing. Certificate of
Insurance shall name Landlord and its agents as additional insured. No
work on premise may commence without a Certificate of Insurance
delivered to the Landlord.
3.)
Tenant shall be respoasible for all required perrrdts for their signage and
the installation thereof, including, but not limited to, those by the City Of
Sebastian, County of Inclian River, or State of Florida. In addition to those
requirements listed herein, tenant must adhere to any municipal code
requirements that may further restrict sign size, design, or fabrication.
Revised 6/02
Page 1 of 6
4.) Fabrication and installation costs shall be at the Tenant's sole expense.
5.) Tenant shall be responsible for the maintenance and repair of its signage.
If, after fifteen (15) days notification to repair the signage, no action has
been taken by the Tenant, the Landlord will contract to repair or maintah~
the signage and the cost of repair or maintenance will be invoiced plus
twenty percent (20%) for administration fees to the Tenant and will be
considered additional rent for the month it occurs.
C.) Desig~t Requirements
1.)
All signs are to be in the form of channei letter or individually reverse
illuminated channel letter mounted wi~h standard standoff to fascia of the
building.
2.) Box signs, audible, flashing action, or other mechanical or electromc
animation is not permitted.
3.)
The Landlord has determined that each Tenant shall have one (1) sign per
elevation. The maximum square footage of signage for a Tenant is
determined by the height of the building times the length of the leased
storefxont at fifteen percent (15%). Example (height of building) 15' x 26'
(leased store front) = 390 x 15% = 58.5 square feet.
4.)
The maximum height of an individual letter is twenty-four (24) inches,
Anchor/Single tenants may be allowed larger letters and secondary copy
at the sole discretion of the Landlord and to any municipal code
requirements by the City of Sebastian, which may further restrict size.
5.)
Signage will only be allowed centered above the leased store fromage.
Signs shall not face Roseland Road if tenant's property is adjacent to said
road.
6.)
Unless otherwise approved by the Landlord and The City of Sebastian, in
writing, sign text shall contain the company name only. Elaboration of the
company's products or services, slogans, or other verbiage is not allowed.
7.) No exposed w/ring is allowed. Exposed raceways and exposed neon are
prohibited.
D.) Fabrication Specifications
1.) Letter Material
Revised 6/02
Page 2 of 6
a.) Letter material shall be a minimum of .040" aluminum returns
painted to match face and a minimum .040" faces. Letters shall
be full welded fabrication.
b.) The plastic faces shall be 3/16" # 1124-1P95 texture (black/white
sheet) with one-inch (I') trim cap. Trim cap and returns to be
painted to match acrylic faces.
c.) All reverse channel letter's exterior surfaces must be painted
Matthews (or approved equivalent) Dark Bronze (41-313). In
addition, Tenant must:
i.) . Prepare all surfaces to receive paint by chemically
cleaning
ii.) Prime all surfaces to receive paint with one coat of
primer
iii.) Use only enamel paint ~vith sprayed application in
semi-gloss finish with minimum of two (2) coats
d.) The reverse channel letter's interior sidewalls shall be painted
white.
e.) The front on the signage shall be Helvetica or block style unless
Tenant has a registered corporate font in which case, Tenant
must receive Landlord and City of Sebastian approval. No other
alternatives or substitutions shall be allowed.
2.) Illumination
a~) All illuminated signs must be a steady glow. No flashing,
blinking, or strobe signs are permitted.
b.) Electrical components shall be UL approved, inspected and
appropriately tagged prior to installation.
3.) Transformers
a.) Transformers shall be 30 milliamp
b.) Transformer a~ud sheet metal enclosures shall be UL rated and
installed behind the fascia above the soffit as shown in the
attached drawing.
E.) Anchor/Single Tenants will be allowed to use their registered corporate logo
and/or colors
F.) Installation
Revised 6/02
1.) Ail installation components such as, but not limited to, fasteners, clips,
bolts, etc., shall be of non-corrosive, stainless steel, aluminum, brass,
bronze or carbon bearing steel with painted finish. No black iron material
of any type shall be permitted.
Page 3 of 6
2.)
All penetrations of the fascia shall be neatly sealed in watertight mmmer
using a single component polyurethane sealant as approved by Landlord.
Tenant is responsible for fascia penetrations and damage that may result,
including but not limited to, water damage.
3.) Location of all penetrations of the building fascia for conduit, sleeves, etc.
shall be shown on the approved detailed drawing submitted by the Tenant.
4.) No exposed labels are permitted on the signage that is visible from the
ground, except as required by local ordinance.
5.) All fasteners for the sign installation shall be concealed. The Landlord in
writing shall approve the method of installation to the building fascia.
6.)
Installation shall comply with all local codes and ordinances. A licensed
electrician shall perform ali electrical work. Signage shall have an
individual circuit and be controlled by a time clock.
7.) Primary electricity to the signage is the Tenant's responsibility.
G.) Insurance Requirements
1.) Ail sign contractors installing signs at Sebastian Municipal Airport shall
be required to have a current insurance policy in force with limits of no
less than one million dollars ($1,000,000.00) for Commercial Liability and
Workers Compensation and Employer's Liability in Compliance with
applicable legal requirements of the State of Florida.
1.2 Property Signs
A.) General
1.) Ail signage shall be designed, constructed and located in accordance with
the following design criteria and shall be subject to the written approval of
the landlord and approved by the City' of Sebastian. The criteria have been
established to govern the design, fabrication and installation of the tenant
signage and are intended to provide all tenants with good visual
identification.
B.) Procedural Requirements
Revised 6/02
Page 4 of 6
1.)
Prior to sign fabrication, Tenant shall submit, or cause to be submitted, to
Landlord for approval, one (1) set of detailed drawings indicating the
location, size, layout, fabrication and installation method, design, copy
style and color of the proposed signage including window/door lettering
and/or graphics. Drawings shall show the full fascia with architectural
features of the speciftc demised premise.
2.)
Tenant's sign contractor shall be a reputable sign fabricator, whose
principal business is the fabrication of similar individual reverse
illuminated channel letters, who has been in business for a minimum of
three (3) years. Additionally, Tenant shall submit, or cause to be
submitted; to Landlord a Certificate of Compensation Insurance of type
coverage and limits as approved by the Landlord in writing. Certificate of
Insurance shall name Landlord and its agents as additional insured. No
work on premise may commence without a Certificate of Insurance
delivered to the Landlord.
Tenant shall be responsible for all required permits for their signage and
the installation thereof, including, but not limited to, those by the City of
Sebastian, County of Indian River, or State of Florida. In addition to those
requirements listed herein, tenant must adhere to any municipal code
requirements that may further restrict sign size, design or fabrication.
4.) Fabrication and installation costs shall be at the Tenant's sole expense.
5.)
Tenant shall be responsible for the maintenance and repair of its signage.
If, after fifteen (15) days notification to repair the signage, no action has
been taken by the Tenant, the Landlord will contract to repair or maintain
the signage and the cost of repair or maintenance will be invoiced plus
(20%) to the Tenant as additional rem.
C.) Design Requirements
1.) All property signs are to be in the form of wood carved signs or an
approved equivalent.
2.) The Landlord has determined that each Tenam shall have one (1) sign per
leased property.
3.)
Each sign will be located on the edge of the property line, in the middle of
the property perpendicular to the street. Comer lots may angle the signage
at the corner of the property to face both streets, per written approval of
the Landlord. Signs will not be permitted on Roseland Road.
Revised 6/02
Page 5 of 6
4.) Each property sign must be eight (8) feet in length by four (4) feet in
height.
D.) Fabrication Requirements
1 .) Approved colors:
a.) Ali signage will be painted in approved muted earth tones. Charts
of permissible colors are available in the Growth Management
Department.
2.) Display Requirements:
m) All signage will only display complex, anchor, or single Tenant
name and/or logo. Multiple Tenant listings on property sign are
prohibited.
E.) Illumination
1.) All signage shall be externally lit from the ground with low-intensity,
directional light fmtures.
F.) Installation
1.) Signage will be placed on a two (2) foot high base whereas total sign
height cannot exceed six (6) feet above ground level.
Revised 6/02 Page 6 of 6
EXHIBIT C
Exhibit "C"
Page 1 of]
TENANT'S IMPROVEMENTS
The improvements to be constructed by the tenant shall be comprised of 40 T hangars.
EXHIBIT D
LEASE EXTENSION AGREEMENT
Exhibit "D "
Page 1 of 2
THIS LEASE EXTENSION AGREEMENT, made and entered into this day of
,2032, 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 Sheltair-
Sebastian, LLC (hereinalker referred to as the "Tenant") provides that
IN AND FOR CONSIDERATION of compliance with the terms of that certah~ LEASE
AGREEMENT between the parties dated September , 2002, and the mutual covenants
herehmfter provided, the receipt and sufficiency of which are hereby aclmowledged, the pm't/es
have agreed as follows:
1. The Leasehold of the afore-mentioned Lease Agreement is hereby extended for
an additio~ml ten years fi'om the date of the expiration of its Initial Term.
2. The Annual Rent for the first year of said extension shall be $**,***. Each
year on the anniversary of the Commencement Date, this Atmual Rent shall be increased three
percent (3%) above the existing mount. There shall be no appraisal adjustments during this
extended term.
tenn.
The Annual Investment Fee shall no longer be collected during tlfis extended
4. The Leasehold shall terminate at the end of this extended term and Tenmat shall
surrender possession of the Premises.
5. All other terms and provisions of the Lease Agreement shall remain in full
force and effect unless application of the same shall lead to a ludicrous result.
AGREED to on the date first set forth above.
ATTEST:
CITY OF SEBASTIAN
A Municipa! Corporation
City Clerk
By:
City Manager
Approved as to Form and Legality for
Relim~ce by the City of Sebastian only:
City Attorney
Sheltak Sebastian, LLC
By:
Its:
EXHIBIT E
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
FINANCIAL PROJECT NO.:
409864-1-9,~.-01
(Item-segment-phase-sequence)
Contract No: ~ ~¢~
Fund: DS
Function: 637
Federal No: N/A
FLAIR ,A. pprop~ 088719
FLAIR Obj.: 75000x,
OrD. Code: 55042010425
Vendor No:. YF 59800G427008
Catalog of Federal Domestic Assistance Number:.._ N/A
Catalog of State Financial Assistance Number:, 55004
THIS AGREEMENT, made and entered imo this day of, DEC 6 200]
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 the AGENCY.
WITNESETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the pm)act hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized
under 332.006 (6), Flodda Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties
agree as follows:
1.00 Purpose of Agreement: '~he purpose of this Agreement is to Construct T-Hangars
and as fufffler described in Exhibff(s) A B, C & F attached hereto and by this reference mads a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed..
FORM 725-030-O6
PUBLIC TRANSP ADMIN
07/01
Page 2 of 12
2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit"A"
attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient
manner, and in accordance with the provisions herein, and all applicable laws,
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable taw to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
mattem so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 500,000.00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The
Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in
the project in the amount of $ 400,000.00 as detailed in Exhibit "B", or in an amount equal
to the pementage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this Agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative apprevat of the Department's appropriation request in the work program year that the project
is scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time apprepdation authority
becomes available.
4.20 Front End Funding: Front end funding (lc) (is not) applicable. If applicable, the Department may initially pay
100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in
paragraph 4.00.
5.00 Retainage: Retainage ~ (is not) applicable. If applicable, N/A percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Deparlment.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the yearthe
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a fi~'al invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time dudng the pedod of the Agreement and for
three years 'after final payment is made.
7.20 Funds Received Or Made Available for The Project. The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
othenNise received on account of the project, which Department payments and other funds are herein collectively referred
to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project
funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the
deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as
prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts,
or vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item,,~hich is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with
any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and
limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessa~ by the State Comptroller or Auditor General. The Agency shall retain sufficient records
demonstrating its compliance with the terms of this Agreement for a period off th ree years from the date the audit report is
issued, and shall allow the Department access to such records and working papers upon request. The following
requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or
evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General,
or any other state official.
7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its
fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions or OMB
Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and .
number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000,
this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB
Circular A-133, the cost of the audit must be paid from non-Federal funds.
FORM 725-O30~
Page4 of 12
The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the
Auditor General access to the Agency's records and financial statements as may be necessary for complying with the
requirements of 31 U.S.C. 7501 et seq.
Pursuant to OMB cimutar A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any
management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMB Cimular
A-133, to the Department and to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10t~ Street
Jeffersonvilie, IN 47132
7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its
fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, FIodda Statutes and the applicable rules of the Executive Office of the Govemor, the State Comptroller, and the
Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is
not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to a!low the Department,
the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the agency
shall consider all soumes of State awards except State awards except State awards received for Federal program
matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the
Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in
accordance With the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State
funds.
The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and
independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida
Statutes.
The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97,
Flodda Statutes, and applicable Rules of the Auditor General to the Department and to:
State of Flodda Auditor General
Room 564, Claude Pepper Building
1 11 West Madison Street
Tallahassee, Flodda 32302-1450
7.63 Other Requirementa: If an audit discloses any significant audit findings relating to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controlsofthe
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and apprepdate corrective action to any audit findings, recommendations, and corrective action plans.
7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has
and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to
any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its
interest in the lost equipment or facility.
In the event this Agreement is for pumhase of land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit "C".
FORM 725-O30-0~
PUBLIC TRANSP ADMIN
07/01
Page 5 0~12
8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the ~Department
of Transportation, District Four, Pubtic Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, Florida, 33309its
requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined
in paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 1 '12.061, F.S.
The Department may establish rates lower than the maXimum provided in Chapter 112.061, Flodda Statutes.
8.13 For real property acquired, submit;
(2)
(3)
the date the Agency acquired the real property,
a statement bythe Agency certifying that the Agency has acquired said real property, and actual
consideration paid for real property.
a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with ail
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Deparbnent~s Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and
payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Depa~nent may elect
by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data
fumtshed therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation wfth respect to the performance by the Agency of any
of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to
the project;
8.23 Approval by Depa, t,,,ent: The Agency shall have taken any action pertaining to the project
which, under this agreement, requires the approval of the Department or has made related expenditures or
incurred ralated obligations without having been advised bythe Department that same ara approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained
herein; or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance
to the project suspends or terminates federal financial assistance to the project. In the event of suspension or
termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
FORM 725-0:~-~6
PUBLIC TRANSP ADMIN
07/{31
page 6 of 12
8.40 Payment Offset: If, after project completion, any claim is made by the Department rasulting fTom an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due
for work or services done under any public transportation joint participation agreement which it has with the A~ency owing
such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting
amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9,10 Termination or Suspension Generally: If the Agency abandons or, before completion, finallydiscontinues
the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any ·
other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations
under this Agreement until such time as the event or condition resulting in such suspension has ceased or been
corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final
termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions
mquirad therein which may include any or all of the following: (1) necessary action to terminate or suspend, as
the case may be, project activities and contracts and such other action as may be required or desirable to keep
to the minimum the costs upon the basis of which the financing is to be computed; (2) fumish a statement of the
project activities and contracts, and other undertakings the cost of which ara otherwise includable as project costs;
and (3) remit to the Department such portion of the financing and any advance payment previously raceived as
is determined bythe Department to bedue under the provisions ofthe Agreement. Theterminafion or suspension
shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or
upon the basis of terms and conditions imposed by the Department upon the failura of the Agency to furnish the
schedule, plan, and budget within a reasonable time. The approval of a ramittance by the Agency orthe closing
out of federal financial participation in the project shall not constitute a waiver of any claim which the Department
may otherwise have arising out of this Agraement.
9.12 The Department reserves the right to unilaterally cancel this Agraement for rafusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other matedal subject to the provisions of
Chapter 119, Florida Statutes and made or raceived in conjunction with this Agreement.
· 10.00 Remission of Project Account Upon Completion of Project: Upon completion oft he project, and after
payment, provision for payment, or raimbursement of all project costs payable from the project account is made, the
Agency shall ramit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspec~on: The Agency shall permit, and shall requira its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts ofthe Agency:
· 12.'10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner raquiting the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failura to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves
unto itself the right to raview the qualifications 'of any consultant or contractor and to approve or disapprove the
employment of the same.
PUBLIC TRANSP ADMIN
12.20 Compliance with Consultants' Competitive Negotiation Act: It is undemtood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, amhitecture or surveying services, is contingent on the Agency complying in full with p~'ovisions of
Chapter 287, FIodda Statutes, Consultants Competitive Negotiation Act. Atthe discretion of the Department, the Agency
will involve the Department in the Consultant Selection Process for all contracts, in all cases, the Agency's Attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive
Negotiation ACt.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
'~2.31 DBE Policy: It is the poticy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Depart'ment funds under this Agreement. The DBE requirements of 49
CFR Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. In this regard, ail recipients, and contractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the
Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts.
Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national odgin or sex
in the award and performance of Department assisted contracts.
13.00 Res~ictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin.
The Agency will take affirmative action to ensure that applicants ara employed, and that employees ara treated during
employment, without ragard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be
limited to, the following: Employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency
shall insert the foregoing provision modified only to show the particular contractual ralationship in all its contracts in
connection with the development or operation of the project, except contracts for the standard commemial supplies or raw
materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for
standard commemial supplies or raw materials. When the project involves installation, construction, demolition, removal,
site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for
employment for project work, notices to be provided by the Department setting forth the provisions of the
nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
ce~fication that the Agency will comply with all the requiraments imposed by Title VI of the Civil Rights Act of 1964 (78
Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the
Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of '1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, religion, sex, disability and familial status.
13.40 Americans with Disabilities Act of '1990 (ADA): Execution of this Joint Participation Agraement
constitutes a certification that the Agency will comply with all the raq u iraments imposed by the ADA, the regulations of the
federal government issued theraunder, and the assurance by the Agency pursuant thereto.
13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into
any contract, subcontract, or arrangement in connection with the project or any property included or planned to be
included in the project, in which any member, officer, or employee of the Agency dudng his tenure or fo~ tw~ years
thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired pdor to the beginning of his tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this
subsection: Provided, that any such present member, officer or employee shall not participate in any action by the
Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in
connection with the project or any property included or planned to be included in any project, and shall require its
contractors to insed in each of their subcontracts, the following provision:
"No member, officer, or employee of the Agency dudng his tenure or for two years thereafter shall have any
interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories,
or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification bythe
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
secudng of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incun-ed in connection therewith.
14.20 Depai~u,ent Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to
any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default
which may then exist, on the part of the Agency, and the making of such payment by the Department while any such
breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held invalid: If any provision of'this Agreement is held
invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, pert'orm any other act or do any other thing in contravention of any applicable State
law:. Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once
notifythe Department in whting in order that appropriate changes and modifications may be made by the Department and
the Agency to the end that the Agency may proceed as soon as possible with the project.
14.70 Useand MaintenanceofProjectFacilifies and Equipment: TheAgencyagreesthattheprojectfacitities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
-
14.71 Property Records: The Agency agrees to maintain property records, conduct physica_l inventoriss
'and develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: IftheAgency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 reiating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided !n. this Agreement.
· 14.90 Contractual Indemnity: To the extent provided by taw, the Agency shall indemnity, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense adsing out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by
the Department or any of ifs officers, agents, or employees dudng the performance of the Agreement.
The parties recognize and accept the funding restrictions set fodh in Section 339.135(6){a), and Section 129.07, Flodda
Statutes, which may affect each of the parties' obligations. Those provisions are as follows:
(a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure dudng such fiscal year. Any contract, verbal or written, made in violation of this subsection is null
and void, and no money may be paid on such contract. The Department shall require a statement from the
Comptroller of the Department that funds are available prior to entedng into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one
(1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fiscal years. Section 339.135(6)(a), FIodda Statutes.
(b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal
year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the
total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness
contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the
expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be
prosecuted in any court in this state for the collection of same, and members of the Board of County
Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also
shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes.
When either party receives a notice of claim for damages that may have been caused by the other party in the
performance of services required under this Agreement, that party will immediately forward the claim to the other party.
Each party will evaluate the claim and report its findings to each other within fourteen (t4) working days and will jointly
discuss options in defending the claim.
'15.00 Plans and Specifications: In the event that this Agreement involves the pumhasing of capital equipment
orthe constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency vwitten approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
paragraph 8.23.
FORM 725030-06
PUBLIC TRANSP ADMIN
07/01
Page 10of 12
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with appIicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for t~[e intended
purpose.
t7.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a pedod
of more than one year, the provisions of Chapter 339.135(6)(a), FIodda Statutes, are hereby incorporated: "(a) The
Department, dudng any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its
terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure dudng such
fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be
paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall
prevent the making of contracts for periods exceeding I year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which
have a term for a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
November 30, 2003 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the District
Secretary, District Four . Expiration of this Agreement will be considered termination of the project and the
procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and includethe plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan ar cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
FORM 725030-06
PUBLIC ~ANSP ADMIN
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements)..and that all
subracipients shall certify and disclose accordingly.
2t.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services uniessthe bid specifications, pumhase order or contract specifies othenNise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The
20 days are measured from the latter of the date the invoice is received orthe goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in additionto the
invoice amount to the Agency. The interest penalty provision applies affera 35 daytime period to health care providers,
as defined by rule. interest penalties of less than one (1) dollarwill not be enfomed unless the Agency requests payment.
Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until a property completed invoice is provided to the
Department.
A VendorOmbudsman has been established within the Department of Banking and Finance. The duties oftflis individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792.
23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement.
287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public ent~ for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list."
24.00 Discrimination: An entity or affiliate who has been ptaced on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or per[orm work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity.
Financial Project No. 409864-1-94-01
Contract No. ALIC;~
Agreement Date U
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written.
AGENCY
City of Sebastian
ATTEST:,
J
APPROVED AS T~ FOR ,It~LEGALITY
FDOT
COMPTRO,LER FUNDING ^PPROVAL
.,~ATE: I1-~- ~ t
~ k r_/'-,,' - ATTORNEY J/
DEPARTMENT OF TRAN~/ORTATION
DIR/ECTOR OF PEANNING & PROGRAI~IS
ATTEST: ~
TITLE: /~¢f ~,~-%, /~ ~ s~-
Fin. Proj. No.: 409864-1-94-01
Contract No.:
Agreement Date: ~
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and
City of Sebastian
PROJECT LOCATION:
Sebastian Municipal Airport
PROJECT DESCRIPTION: Construct T-Hangars
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project
assistance that will reflect the Department's contract number, Financial Project number and the
Federal Identification number, where applicable, and the amount of state funding action (receipt and
disbursement of funds) and any federal or local funding action and the funding action from any other
source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A
Fin. Proj. No.: 409864-1-94-01
Contract No.: ~Ll,~lct
Agreement Date: ~-(.; ~ ~.00~
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Fiodda, Department of Transportation and
City of Sebastian
Federal Partidpation:
FAA, Fi'A, UMTA, etc.
Agency Partidpation:
In-Kind
Cash
Other
Maximum Department Participation:
Primary (DS) (DDR) (DIM) (PORT)
Federal Reimbursable (DU) (FRA) (DFFA)
Local Reimbursable (DL}
0.0O°4
20.00%
80.00%
$o
$100,000
$0
III. TOTAL PROJECT COST:
Exhibit C Page1 of 2
Fin, Proj. No.: 409864-t-94-01
Contract No.:
Agreement Date:
EXHIBIT "C"
(GENERAL)
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Flodda, Department of Transportation and
City cf Sebastian
Documents required to be submitted to the department by the Agency in accordance with
the terms of this agreement.
SUBMITTAL/CERTIFICATION
Consultant Selection Compliance
Design Submittal*
100% Plans, Specifications and Contract Documents,
signed and sealed by Registered Professional Engineer
ConstrucU on/Procurement
Safety Compliance
Release for Notice to Proceed
Annual Audit Reports
Completion Per Specifications
* Plans, Specifications, Engineering Report
One (1) Full Size set and (1) 11x17 set to be sent directly to:
Rebecca L Rivett
Aviation Coordinator
Office of Modal Development, [34
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309-3421
BASIS FOR ACCEPTANCE
Agency Attomey's Certification
Engineer Certification**
Department Letter
(a) Department Review
(b) Agency Certification
Department Letter
Agency Certification
Agency Certification
** Cdteda for development and certification of plans, specifications, and contract
documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of
this Exhibit.
Exhibi~ C Page 2 of 2
Fin. Proj. No.: 409864-1-94-01
Contract No.: ~ LI~'~I
Agreement Date: T~( ~ ~J0~
DESIGN DEVELOPMENT CRITERIA
The plans, specifications, construction contract documents, and any and all other similar
engineering, construction, and contractual documents produced by the Engineer for the project
are hereinafter collectively referred to as "plans" in this Exhibit.
Plans shall be developed in accordance with sound engineering and design principles, and with
generally accepted professional standards.
Plans shall be consistent with the intent of the project as defined in the Joint Participation
Agreement, Section 1.00, "Purpose of Agreement", and Exhibit "A" of this Agreement.
The Engineer shall perform a thorough review of the requirements of the following standards and
make a determination as to their applicability to this project. Plans produced for this project shall
be developed in compliance with the applicable requirements of these standards.
· Federal Aviation Administration Regulations and Advisory Cimulare
· Florida Department of Transportation Standards of Design for General Aviation
Projects
· State of Florida Manual of Uniform Minimum Standards for Design, Construction and
Maintenance for Sfl'eeta and Highways
· State of Florida Manual on Uniform Traffic Control Devices
· State of Florida Roadway and Traffic Design Standards
Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting
requirements, public notice requirements, and other similar regulations that apply to the scope
and location of the project. ·
Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement
for the design of the project.
FP No.: 409864-1-94-01
Contract No.: A,t,l~t~
Agreement Date:
EXHIBIT "F"
SPECIAL AIRPORT ASSURANCES
This exhibi~ forms an integral part of that certain Joint Participation Agreement between the
State of Flodda, Department of Transportation and
City of Sebastian
I. GENERAL
These assurances shall be complied with in the performance of master planning, land
acquisition, economic development or capital improvement projects which contain NO
federal funds.
Upon acceptance of this Joint Participation Agreement by the sponsor, these
assurances are incorporated in and become a part thereof.
II. DURATION
The terms, conditions and assurances 0fthe grant agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for any airport
development project, but in any event not to exceed twenty (20) years from the date of acceptance of
a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration
of the assurances with respect to real property acquired with project funds.
III. SPONSOR CERTIFICATION
The sponsor hereby assures and certffies, with respect to this grant:
It has sufficient funds available for that portion of the project costs not paid for by the State. It
has sufficient funds available to assure operation and maintenance of items it will own or
control funded under the grant agreement.
It holds good title, satisfactory to the Department, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Department, that good title will be acquired.
If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
accordance with the Federal Airport and Airway improvement Act of 1982, or successive
legislation; the regulations and the terms, conditions and assurances in the grant
agreement; and shall ensure that such arrangement also requires compliance therewith.
It will adequately clear and protect the aerial approaches to the airport by removing, lowering,
relocating, marking, or lighting, or othenNise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards. -
It will make its airpod available as an airport for public use on fair and reasonable terms.
It will permit no exclusive rights for the use of the airport by any persons providing, or
intending to provide aeronautical services to the public.
All revenues generated by the airport will be expended by it for the capital or operating costs
of the airport, the local airport system, or other local facilities owned or operated by the owner
or operator of the airport and directly related to the actual aedal transportation of passengers
or property.
Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and
proposed additions thereto; (2) the location and nature of all existing and proposed airport
facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and
roads), including all proposed extensions anc~ reductions of existing airport facilities; and (3)
the location of all existing improvements thereon.
RESOLUTION NO. R-01-T7
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC
TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT;
PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation has agreed to provide
funding to construct T-hangars for the municipal airport wRhin the City of Sebastian;
and
WHEREAS, the City of Sebastian agrees to certain conditions to such funding,
including a twenty percent (20%) match of funds;
NOT 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 JOINT PARTICIPATION
AGREEMENT for Project No. 409864-1-94-01 on behalf of the City.
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
Barczyk
The motion was seconded by Councilmember Hill and, upon being put
into a vote, the vote was as fo[lows:
Mayor Walter Barnes
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
Councilmember Ray Coniglio
aye
aye
aye
aye
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 14th
day of
November, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally ~aio, CMC
City Clerk
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich ~3tringer, City AttOrney
R~guiar City Council lvleeting
November 14, 2001
Page Five
D AFT
MOTION by Bames/Conigiio
"1 move to reconsider the Kirtle project rezoning at a time certain to be the last meeting,
whatever the date is, in February 2002:"
ROLL CALL:
Mr. Barczyk - aye
Mr. Majcher - aye
Mr. Hill - nay
Mr. Coniglio - aye
Mayor Barnes - aye
MOTION CARRIED 4-1
D. Mr. Barczvk
Requested clarification of lawn service companies parking in swales, many times without safety
cones. The City Attorney stated that the code enforcement officer would spread the word with
patrol officers to watch for these violations. Mr. Barczyk also inquired about planned upgrades
to the Community Center in fiscal year 2001/2002 and expressed concern for activities being
undertaken by the Tree Advisory Board without direction of the City Council.
E. Mr. Maicher
Reported on the affirmative vote of the County Commission on the proposed North County pool
contractor and canoe launch.
11.
CONSENT AGENDA
All items co the consent agenda ere considered routine and will be enacted b.v one motion, There wlTl be 'ne separate discuss/on
or consent agenda items unia~ e member of City Council so requesta; in which event, the item will be removed and acted upon
separately,
A. Approval of Minutes - October 24, 2001 Regular Meeting
01.257
Approve Resolution No. R-01-T7 FDOT Public Transportation Joint Participation
Agreement/Construct T-Hangars (City Manager Transmit'.~[ 10/24/01, R-01-77, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING TF~E
CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH
FOOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
01.258
Approve Road Closings at intersections of Indian River Drive and Jefferson Street, Main
Street, Washington Street, Martin Avenue, Cleveland Street, Coolidge Street and Fellsmere
Road on Saturday, February 2"d, 2002 from 7:00 a.m. until 11:00 a.m. for Girl Scout Troop
181 5K Run (Parks Transmittal 11/6/01 )
01.259
Adopt Resolution No. R-01-78 Vacation of Easement - Medeiros Lots 2 and 3, Block 32,
Sebastian Highlands Unit 1 (GMD Transmittal 11/7/01, R-01-78, Staff Report, Site Map,
Application, Utility Letters
A RESOLUTION OFTHE CITY OF ,SEBASTIAN, INDIAN RIVER COUNTY. FLORIDA, VACATING CERTAIN
EASEMENTS OVER LOTS 2 AND 3, BLOCK 32, SEBASTIAN HIGHLANDS UNFF 1; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR RECORDING PROVIDING FOR EFFECTIVE DATE.
HOMF. OF PELICAN ISLAND
1225 MAIN STREET. SEBASTIAN, FLORIDA 32958
TELEPHONE: (561) 589-5330 - FAX (561) 589-5570
November 16, 2001
Ms. Rebecca L. Kivett
Aviation Coordinator
Office of Modal Development
Flor/da Department of Transportation
3400 West Commercial Blvd.
Fort Lauderdale, FL 33309-3421
Fin. Proj. No. 409864-1-94-01
County: Indian River
Description: Construct T-Hangars
Dear Ms. Rivette:
Enclosed for final execution, please find five (5) signed and certified copies of a Joint
Participation Agreemem for the subject project. Also, as requested enclosed are twq ..(.~)
certified copies of Resolution No. K-01-77 authorizing the City Msnsger to sign the ...
referenced agreement.
If you should need any additional information, please feel free to contact the office of
City Manager, Terrence R. Moore, at 561-388-8203.
Sincerely,
arbe]l '
Executive Ass/stant
Enclosure
"An Equal Opportunity Employer"
Celebrating Our 75th Anniversary
JEB BUSH
GOVERNOR
Florida Department of Transportation
OFFICE OF MODAL DEVELOPMENT + AVIATION SECTION
3400 West Commemial Boulevard , Forl Lauderdale, Florida 33309-3421 * (954) 777-4490
THOMAS E BARRY, JR.
SECRETARY
October 19, 2{301
Mr. Jason Milewski
Airport Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Mr. Milewski:
Subject:
Fin. Proj. No.:
County:
Description:
409864-I-94-01
Indian River
Construct T.Hangars
Enclosed are six (6) copies of a Joint Participation Agreement (JPA) for the subject project. The
total project amount is $.500,000.00 with the State's funding share amounting to $400,000.00.
Five (5) copies are t~ be signed and returned to this office for further processing. The sixth copy
may be retained for your files until the JPA has been fully executed.
We will also need two (2) copies of a Resolution, with original signatures, authorizing the signing
of the Agreement. Both Resolutions and Agresmenta must be original signature documents or
properly certified copies.
Please do not fill in the dates on the agreements as this will be done upon final execution by the
District Secretary. Should you have any questions regarding this Agreement, please call me at
(954) 777-4404.
Sincerely,
Rebecca L. Rivett
Aviation Coordinator
Office of Modal Development
encl
CC:
Nancy Bungo, District Modal Development Administrator
Larry Merfitt, Intermodal Transportation Manager
www.dot.state,fl.us
~RECYCLED PAPER
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: Resolution No. R-01-77
FDOT Public Transportation Joint
Participation Agreement/Construct T-
Hangars
Approved for Submittal by: City Manager
Agenda No. 01.257
Department Origin: City Mana.qer
Date Submitted: 10/24/01
For Agenda of: 11/14/01
Exhibits: R-01-77
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
The City of Sebastian has received approval for funding for a total project amount of $500,000
with the State's funding share amounting to $400,000 for the construction ofT-hangars from
the Florida Department of Transportation. The proposed Resolution R-01-77 authorizes the
City Manager to execute the State of Florida Department of Transportation Public
Transportation Joint Participation Agreement.
RECOMMENDED ACTION
Move to approve Resolution R-01-77, authorizing the City Manager to execute the State of
Florida Department of Transportation, Public Transportation Joint Par[icipation Agreement for
the construction of T-hangars.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTA33ON
FORM 725-030-06
PUBLIC TRANSP ADMIN
D7/00
Page 1of 12
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
FINANCIAL PROJECT NO.:
407345-1-84-01
(Iterr~s ~g merit-phase-sequence)
CentractNo: .z:~" c/~..~
Fund:
Function:
Federal No:
Catalog of Federal Domestic Assistance Number:
DS
637
FLAIR Appmp:. 088719
FLAIR O~.: 790007
0~. Code: 55042010428
VendorNo: VF596000427008
Catalog of State Financial Assistance Numbe~ 55004
THIS AGREEMENT, made and entered into this day of SEP 5 2000 , __,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIQN, an agency of the State of FIodda,
hereinafter referred to as the Department, and The City of sebastian
hereinafter referred to as the AGENCY.
WITNESETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized
under F.S. 332.006 (6) , Flodda Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties
agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to Rehab Airport Taxiways, including Lighting,
Marking & Signage
and as further described in Exhibit(s) A,B,C & F attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and
state the terms and conditions upon which such assistance will be provided and the understandings as to the manner
in which the project will be undertaken and completed.
FORM 725-~
PUBLIC TRANSP ADMJN
07/00
Page 2 ~f 12
2.00 Accomplishment of the Project:
2.t 0 General Requirements: The Agency shall commence, and complete the project as described in Exhibit"A"
attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient
manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: in the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as lieted in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 625,000.00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The
Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Depa~ t,=ent Participation: The Department agrees to maximum participation, including contingencies, in
the project in the amount of $ 500,000.00 as detailed in Exhibit "B", or in an amount equal
to the percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this Agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project
is scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding: Front end funding ~ (is not) applicable. If applicable, the Department may initially pay
100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in
paragraph 4.00.
S.00 Retainage: Retainage (is) (is not) applicable. If applicable, N/A pement of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
6.00 Project Budget.and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbumements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shal} establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its'existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively referred
to as "project funds". The Agency shall require depositories of project funds to secure.continuously and fully all project
funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the
deposit of project funds, by the Department, by the deposit or setting aside of collateral of the types and in the manner as
prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costa Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn bythe Agencywith respect toanyitemwhich is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from ail other such
documents.
7.60 Audit Reports:
All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number, and year, and name of the federal agency. State grant and aid funded grants areto be identified
with the Financial Project Number (FPN) and contract number.
Audits shall be conducted under the guidelines of A-133, Section 216.349, Florida Statutes, and Chapter 10.6[)0,
Rules of the Auditor General.
For fiscal years' beginning after June 30, 1998, the reporting packages and data collection forms are to be
submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the
subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must
be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting
package, and data collection form.
PUBLIC TRANSP ADMIN
07/0O
Page 4 of 12
The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of
a summary schedule of prior audit findings and a corrective action plan for current year audit findings.
Project records shall be retained and available for at least three years after the final payment. Records related to
unresolved audit findings, appeals, or litigation shall be retained until the action is completed orthe dispute is
resolved.
Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms
shall be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
and the District Public Transportation Office identified in paragraph 8.10 of this agreement.
Reports of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600 Rules of
the Auditor General shall be sent to:
State of Florida Auditor General
P.O. Box 1735
Tallahassee, FL 32302-1735
and the District Public Transportation Office identified in paragraph 8.10 of this agreement.
7.70 Insurance: Execution of this Joint Par[icipation Agreement constitutes a certification that the Agency has
and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to
any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its
interest in the lost equipment or facility.
In the event this Agreement is for pumhase of land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit "C".
8.00 Requisitions and Payments:
8.10 Action by the Agency: in order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, Flodda, 33309 its
requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined
in paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061. Florida Statutes,
8.13 For real property acquired, submit;
(1) the date the Agency acquired the real property,
(2) a statement by the Agency certifying that the Agency has acquired said real property, and actual
consideration paid for real properbj.
FORM 725-O304~
FUBMC TRANSP ADMIN
Page 5 =f 12
(3)
a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department*s Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and
payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect
by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a matedal nature in its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data
furnished therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency ofany
of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to
the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project
which, under this agreement, requires the approval of the Department or has made related expenditures or
incurred related obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained
herein; or
8.26 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance
to the project suspends or terminates federal financial assistance to the project, in the event of suspension or
termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency pdor to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for v~rk or services performed pursuant to this agreement, the Department may offset such amount from payments due
for work or services done under any public transportation joint participation agreement which it has with the Agencyowing
such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting
amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion,finallydiscontinues
the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, orfor any
other reason, the commencement, presecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations
under this Agreement until such time as the event or condition resulting in such suspension has ceased or been
corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Tem3ination or Suspension. Upon receipt of any final
termination or suspension notice under this paragraph, the Agency shall proceed promptly to canyout the actions
required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as
the case may be, project activities and contracts and such other action as may be required or desirable to keep
to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the
project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs;
and (3) remit to the Department such portion of the financing and any advance payment previously received as
is determined bythe Department to bedue under the provisions of the Agreement. The termination orsuspension
shall be carded out in conformity with the latest schedule, plan, and budget as approved by the Department or
upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the
schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing
out of federal financial participation in the project shall not constitute a waiver of any claim which the Department
may otherwise have adsing out of this Agreement.
9.12 The Department reserves the dght to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, prevision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the whtten approval of the Department. Failure.to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed bythepaffdes
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency
will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive
Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement; The DBE requirements of 49
CFR Part 26, as amended, apply to this Agreement.
FORM 725-03~-~36
PUBLJC 33~ANSP ADMIN
(37100
Page 7 of 12
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. tn this regard, all recipients, and contractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the
Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts.
Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin,
The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be
limited to, the following: Employment upgrading, demotion, or transfer;, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. TheAgency
shall insert the foregoing prevision modified only to show the Particular contractual relationship in all its contracts in
connection with the development or operation of the project, except contracts for the standard commercial supplies or raw
materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for
standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal,
site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for
employment for project work, notices to be provided by the Department setting forth the provisions of the
nondiscrimination clause.
13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by T~tle VI of the Civil Rights ACt of 1964 ('78
Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the
Agency pursuant thereto.
13.30 T'~e VIII - Civil Rights Act of t968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Tifie VIII of the Civil Rights ACt of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
odgin, religion, sex, disability and familial status.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the
federal government issued thereunder, and the assurance by the Agency pursuant thereto.
13.50 Prohibited Interests: NeithertheAgencynoranyofitscontractorsortheirsubcontractorsshallenterinto
any contract, subcontract, or arrangement in connection with the project or any preperty included or planned to be
included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years
thereafter has any interest, direct or indirect, if any such present or former member, officer, or employee involuntarily
acquires or had acquired pdor to the beginning of his tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the DePartment, may waive the prohibition contained in this
subsection: Provided, that any such present member, officer or employee shall not participate in any action by the
Agency relating to such contract, subcontract, or an'angement. The Agency shall insert in all contracts entered into in
connection with the project or any property included or planned to be included in any project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any
interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and itsfiscal deposito~es,
or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
FORM 725-030436
PUBLIC TRANSP ADMIN
07100
Page B of 12
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
t4.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carded out in conformance with ali applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the secudng of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Depa,'[,~,ent Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder~
any party other than the Agency.
14.30 When Rights and Remedies NotWaived: in no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default
which may then exist, on the part of the Agency, and the making of such payment by the Department while any such
breach or default shall exist shall in no way impair or prejudice any dght or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainderwould then continue
to conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enfome
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law:. Provided, that if any of the previsions of the Agreement violate any applicable State law, the Agency will at once
notify the Department in writing in order that appropriate changes and modifications may be made by the Department and
the Agency to the end that the Agency may proceed as soon as possible with the project.
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories
and develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility orequipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
FORM 72,%(33O-O6
P~BLIC TRAN~p ADMIN
07/00
Page 9 of 12
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by
the Department or any of its officem, agents, or employees during the performance of the Agreement.
The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Flodda
Statutes, which may affect each of the parties' obligations. Those provisions are as follows;
(a) The Department dudng any fiscal year shall not expend money, incur any liability, or enter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure dudng such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and
void, and no money may be paid on such contract. The Department shall require a statement from the
Comptroller of the Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one
(1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid forin succeeding fiscal years. Section 339.135(6)(a), Flodda Statutes.
(b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal
year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the
total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness
contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the
expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be
prosecuted in any court in this state for the collection of same, and. members of the Board of County
Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also
shall be liable for the excess indebtedness so contracted for. Section 129.07, Flodda Statutes.
When either party receives a notice of claim for damages that may have been caused by the other party in the
performance of services required under this Agreement, that party will immediately forward the claim to the other party.
Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly
discuss options in defending the claim.
15.00 Plans and Specifications: in the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations conceming any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
paragraph 8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a pedod
of more.than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The
Department,' dudng any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its
terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be
paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall
prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department w~.ich are for an amount in excess of 25,000 dollars and which
have a term for a pedod of more than 1 year."
t8.00 Expiration of Agreement The Agency agrees to complete the project on or before July 31,2002. If the
Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time
period is requested by the Agency and granted in writing by the District Secretary, Distdct Four . Expiration of this
Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this
Agreement shall be initiated.
18.t0 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include';~he plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
2'1.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the maid ng of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with [ts
instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature ora state
agency.
22,00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The
20 days ars measured from the latter of the date the invoice is rsceived orthe goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the
invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers,
as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment.
Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the
payment. The invoice payment rsquirements do net start until a propedy completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792;
23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement.
287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity cdme may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on
a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on
leases of rsal property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017 for CATEGORY TWO for a pedod of 36 months from the date of being placed on
the convicted vendor list."
FORM 725030-06
PUBLIC 'r~ANSP ADMIN
07~00
Page 12 of 12
Financial Project No. 407345-1-84-01
Contract No. ~'~G~
Agreement Date ~?~, ,- ~
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written.
AGENCY FDOT
The City of Sebastian
APPROVED AS TO FORM, LE~LI~
COMPTROLLER FUNDING APPROVAL
¢~/~,~_~DATE: ~11¢~ 3 0 ~000
· ~ ATTO~:'- 'E~'f./~RN
DEPARTMENT OF TP, A/N~PORTATION
OR
DIRECTOR OF PLANNING & PROGRAMS
ATTEST:
TITLE:
Fin. Proj. No.: 407345-1-84-01
Contract No.: ~.Lr'cTz~,¢..
Agreement Date: ~.~ ~ 20~0
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and
The City of Sebastian
PROJECT LOCATION: Sebastian Municipal Airport
PROJECT DESCRIPTION: Rehabilitate Airport Taxiways Including Lighting, Marking & Signage
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project
assistance that will reflect the Department's contract number, Financial Project number and the
Federal Identification number, where applicable, and the amount of state funding action (receipt and
disbursement of funds) and any federal or local funding action ahd the funding action from any other
source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A
Fin. Proj. No.: 407345-1-84-01
Contract No.: ,4%'
Agreement Date:
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Flodda, Department of Transportation and
The City of Sebastian
1. TOTAL PROJECT COST:
$625,000
Ii.
PARTICIPATION:
Federal Participation:
FAA, FTA, UMT,~ etc.
Agency Participation:
In-Kind
Cash
Other
Ma,'~mum Department Participation:
Pdmary (DS) (DDR) (DIM) (PORT)
Federal Reimbursable (DU) (FRA) (DFTA)
Local Reimbursable (DL)
0.00% $0
20.00%
80.00%
$125,000
$o
$500,000
$0
$0
III. TOTAL PROJECT COST:
$625,000
EXHIBIT "C"
(GENERAL)
Fin. Proj. No.: 407345-1-84-01
Contract No.: ,~,~.
Agreement Date: ~ ~ ~
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Flodda, Department of Transportation and
The City of Sebastian
Documents required to be submitted to the Department by the Agency in accordance with the
terms of this Agreement.
SUBMITTAL/CERTIFICATION
BASIS FOR ACCEPTANCE
Consultant Selection Compliance
Agency Attorney's Certification
Design Submittal **
90%
100%
Department Comment
Department Letter
Construction/Procurement Contracts
Department Letter
Safety Compliance
(a) Department Review
(b) Agency Certification
Release for Notice To Proceed
Department Letter
Annual Audit Reports
Agency Certification
Completion per Specifications
Agency Certification
Plans, Specifications, Engineering Reports
Two (2) sets (1 Full Size & 1 1 lx17 Size) to be sent directly to:
Matthew J. Thys
Aviation Supervisor
Public Transportation Office, D4
3400 West Commemial Boulevard
Fort Lauderdale, Flodda 33309-3421
FP No.: 407345-1-84-01
Contract No.: ~'~,,~
Agreement Date:
EXHIBIT "F"
SPECIAL AIRPORT ASSURANCES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Depar[ment of Transportation and
The City of Sebastian
GENERAL
These assurances shall be complied with in the performance of master planning, land
acquisition, economic development or cepital improvement projects which contain NO
federal funds.
Upon acceptance of this Joint Participation Agreement by the sponsor, these
assurances are incorporated in and become a part thereof.
II. DURATION
The terms, conditions and assurances of the grant agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for any airport
development project, but in any event not to exceed twenty (20) yearn from the date of acceptance of
a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration
of the assurances with respect to real property acquired with project funds.
III. SPONSOR CERTIFICATION
The sponsor hereby assures and certifies, with respect to this grant:
It has sufficient funds available for that portion of the project costs not paid for by the State. It
has sufficient funds available to assure operation and maintenance of items it will awn or
control funded under the grant agreement.
It holds good title, satisfactory to the Department, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Department, that good title will be acquired.
If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
accordance with the Federal Airport and Airway Improvement Act of 1982, or successive
legislation; the regulations and the terms, conditions and assurances in the grant
agreement; and shall ensure that such arrangement also requires compliance therewith.
It will adequately clear and protect the aedal approaches to the airport by removing, lowering,
~elocating, marking, or lighting, or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
It will make its airport available as an airport for public use on fair and reasonable terms.
It will permit no exclusive rights for the use of the airport by any persons providing, or
intending to provide aeronautical services to the public.
All revenues generated by the airport will be expended by it for the capital or operating costs
of the airport, the local airport system, or other local facilities owned or operated by the owner
or operator of the airport and directly related to the actual aedal transportation of passengers
or property.
Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and
proposed additions thereto; (2) the location and nature of all existing and proposed airport
facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and
roads), including all proposed extensions and reductions of existing airport facilities; and (3)
the location of all existing improvements thereon.
.FEB BUSH
GOVERNOR
Florida Departmen( of Transportation
PUBLIC TRANSPORTATION OFFICE ~r AVIATION SECTION
3400 West Commemial Boulevard ~ Fort Lauderdale, F~oride 33309~3421 (. (954) 777-4490
THOMAS F. BARRy; JR.
SECRETARY
May 17, 2001
Mr. Jason Milewski
Airport Manager
Sebastian Municipal Airport
1225 Main Street
Sebastian, FL 32958
Dear Mr. Milewski:
Enclosed are six (6) copies of Supplemental Joint Participation Agreements (SJPA) for the
following projects:
Fin. Proi. No.
408783-1-94-01
407345-1-94-01
Description
install Runway Lighting and Airf~ld Security Fencing
Construct T-Hangars
Five (5) copies are to be signed and returned to this office for further processing. The sixth copy
may be retained for your files until the JPA has been fully executed.
We will also need two (2) copies of Resolutions, with original signatures, authorizing the signing of
the each Agreement. Both Resolutions and Agreements must be original signature documents
or properly certified copies.
Please do not Jill in the dates on the Agreements as this will be done upon final execution by the
District Secretary.. Should you have any questions regarding this Agreement, please call me at
(954) 777-4404.
Sincerely,
Rebecca L. Rivett
Aviation Coordinator
Office of Modal Development
enc~
CC;
Nancy Bungo, District Modal Development Administrator
file
www.dot.state.fl,us
(~RECYCLED PAP
FORM 725A)30~7
PU~UC 3RANSP ADMIN
Page I of 4
~'rATE OF FLORIDA DEPAR33~IENT OF 'r~ANSPORTA'I1ON
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
FM No: 407345-1-94-01
WPI No: N/A
Job No:
Contract No: AI962
Fund: DS Function: 637 SAMASApprop: 088719
Federai No: N/A SAMAS Obj.: 750004
Catalog of Federal Domestic Assistance Org. Code: 5504201(~428
Number:. N/A Vendor No.: VF 596000427008 ,
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 The City of Sebastian
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agermy heretofore on the 5~h of Sentember , 2000
entered into a Joint Participation Agreement; and
INHEREAS, the Agency de, sims to acc-om plish certain project items as outlined in the Attachment "A" ap~ed hereto;
and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Atlachment "A" for a
total Department Sham of $ 425,000.00
NOW, THEREFORE THIS INDENTURE WlTNESSETH: that for and in consideration of the mutual beneffis to flow from
each to the other, the parties hereto agree that the above deecr~bed Joint Participation Agreement is to be amended and
supplemented as follows:
'l.O0 Project Description: The project description is amended to Construct T-Hangars
FORM 7'26-O30-O7
PUBLIC TR~NSp ADMIN
OGC - G8,~9
2.00 Project Cost:
Paragraph 3.00 of said Agreement ~ !~:;:::cd!decreased by $ 93,750.00
total cost of the project to $ 531,250.00
Paragraph 4.00 of said Agreement is i~decreased by $ 75,000.00
Department's revised share in the project to $ 425.000.00
3.00 Amended Exhibits:
Exhibit(s) B
4.00 Contract Time:
Paragraph 18,00 of said Agreement is amended N/A
bringing the revised
bringing the
of said Agreement is (are) amended by Attachment "A".
FM No. 407345-1-94-01
WPI No. N/A
Contract No. AI962
,Ag
Supp. reement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated
September 5, 2000 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 written.
AGENCY FDOT
City of Sebastian
BY:
TITLE:
'r,TLE: (S AL)
APPROVED AS TO FORM~EGALITY
TITLE:
COMPTROLLER FUNDING APPROVAL
DATE: ~'"~ o o I
- ATTOR~IEY///~'
DEPARTMENT OF TRAI~PORTATION
DI
FM No. 407345-1-94-01
WPINO. N~
Contract No. AI962
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 The City of Sebastian
DESCRIPTION OF SUPP£~ME~IT (Include justification for cost change): Project description changed from Rehab
Airport Taxiways to Construct T-Hangam. The airport is not generating enough revenue to continue funding much
need improvement projects. The T-Hangars will generate a revenue base to meet future development needs and
make Re airport more self-sufficient.
I. PROJECT COST:
Approved Net Change Amended
II. PARTICIPATION:
Approved Amended
$625,000 ($93,750) $531,250
Approved Net Change Amended
Department 80.0% 80.0% $500,000 ($75,000) $425,000
FAA 0.0% $0 $0 $0
Local 20.0% 20.0% $125,000 ($18,750) $106,250
III. TOTAL PROJECT COST: t00.0% 100.0% $625,000
($93,750) $53t,250 '
g1~ OF
HOME OF PELICAN ISLAND
1225 MAIN STREET · SEBASTIAN, FLORIDA 32958
TELEPHONE: (561) 589-5330 ,, FAX (561) 589-5570
June 14, 2002
Rebecca L. R/vett
Av/ation Coordinator
Florida Department of Transportation
Office of Modal Development
3400 West Commercial Blvd.
Fort Laudm'daie, FL 33309-342 i
RECEIVED
DISTRIGT FOUR
OFRCE OF MODAL DE!F/LOPMEKq'
Dear Ms. Rivett,
SUBJECT: JPA TIME EXTENTENTSION, CONSTRUCT T-HANGARS
This letter is to supplement the FOOT Memorandmu dated May 16, 2002 regarding a
time extension for project number 407345-1-94-01_ entitled Construct T-Hangars.
Due to permitting delays caused by unanticipated envirortmental issues and an increase in
the size and scope (40 T-hangars instead of 20), the project has been delayed. It is
expected that construction will be completed by December 31, 2003.
The City of Sebastian therefore formally requests that JPA entitled Construct T-~raJlr~a/'$
be extended to December 31, 2003. Please do not hesitate to call, should you have any
questions or concerns regarding this matter.
Sincerely,
Jason Milewsld, C.M.
_Airport Manager
~jm
CC:
Ten'ence Moore, City Manager
Mark Mason, Finance Director
"An Equal Opportunity Employer"
Celebrating Our 75th Anniversary
JEB BUSH
GOVERNOR
Florida Department of Transportation
O~FiCE OF MODAL DEVELOPMENT
3400 WEST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33369-3421
TELEPHONE: (954) 777-4490; FAX: (954) 677-7892; Toll-Free: (866) 336-8435
THOMAS F. BARRY, JR.
SECRETARY
MEMOR
DATE:
TO:
FROM:
ANDUM
May 16, 2002
Jason Mitewski
Airport Manager
Sebastian Municipal Airport
Rebecca L. Rivett
Aviation Coordinator
Office of Modal Development
SUBJECT: EXTENSION OF TIME - Joint Participation Agreement
Fin. Proj. No.: 407345-1-94-01 Contract No.: AI962
The time allotted for the completion of services on subject agreement dated September 5, 2000 and any
supplementals thereto will expire on July 31,2002
Project Description: Construct T-Hangars
In accordance with Section 18.00 of the Joint Participation Agreement, you may request a time extension.
For your convenience, you may complete, sign, date, and return this form to me.
It is requested that the Joint Participation Agreement for the project be extended until 0ece,.~
the following reason(s): (Use attachment if necessary)
APPROVED: ~/~_..C~c~ ~ ~.7';~' Date:
District Project Manager
APPROVED: ~/~.,,~'~ Date:
District Secretary, Distdct 4
Date:
Title:
www.dot.state.fl.us
JEB BUSH
GOVERNOR
Florida Department of Transportation
OFFICE OF MODAL DEVELOPMENT
3400 WEST COMIVIERCIAL BOULEVARD
]tORT LAUDERDALE, FLORIDA 33309-3421
TELEPHONE: (954) 777-4490; FAX: (954) 677-7892; Toll-Free: (866) 336-8435
THOMAS F. BARRY, JR.
SECRETARY
June 19,2002
Mr. Jason Milewski
Airport Manager
Sebastian Municipal Airport
1225 Main Street
Sebastian, Fl_ 32958
Dear Mr. Milewski:
SUBJECT: Executed JPA Time Extensions
Per your request, I have enclosed the executed Joint Participation Agreement time
extenSions for the following projects:
Fin. Pro|. No.
408783-1-94-0!
407345-1-94-01
Description
Install Runway Lighting and Security Fencing
Constnmt T-Hangars
Expiration
12/31/02
12/31/03
If any additional information is required, please call me at (954) 777-4404.
Sincerely,
Rebecca L. Rivett
Aviation Coordinator
Office of Modal Development
CC:
Nancy Bungo, District Modal Development Administrator
Larry Merritt, Intermodal Transportation Manager
File
www.dot.state.fl.us
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING AN AMENDMENT TO STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT
PARTICIPATION AGREEMENTS; REDUCING THE AIRPORTTAXIWAY GRANT
FROM'$SOO,DDD TO $42S,DO0 AND ITS DESCRIPTION FROM "REHABILITATE
AIRPORT TAXIWAYS" TO "CONSTRUCT T-HANGARS"; SUPPLEMENTING
THE"INSTALL RUNWAY LIGHTING" GRANT. WITH.THE REMAINING
AUTHOR/ZING THE CITY MANAGER TO F-..~ECUTE ANY AMENDED JOINT
PARTICIPATION AGREEMENTS EFFECTING THESE CHANGES; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian obtained grant funding in the amount of $500,0~
for a total project cost of $625,000 from -the Florida Department o~ Transportation for th
purpose of funding the rehabilitation of airpor~ taxiways, ~nciuding lighting, marking an
signage; and
WHEREAS, the City of Sebastian obtained grant funding Jn the amount of $108,001
for a total project cost of $135,000 from the Florida Department of Transportation for'th(
purpose .of funding i~stallafi~n of runway lighting (MIRL) and airfield security; and
WHEREAS, Ctiy Council concurs that it is in the best interest of th~ City to construe
T-Hangars at the Airport, and that additional funding ia needed f~r runway lig~ng.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR/DA, that:
Sectien '1.. City Council concurs with reducing the Taxiway Rehabilitation Grant
from $500,DOO to $425,000 and changing the descripti,~n from "Rehabilitate Airport
Taxiwaye" to "Construction T-Hangars".
Section 2. City Council concurs with supplementing the "install Runway Lightin[~"
grant with the remaining $7~,000 to cover the anticipated increase in project costs.
Section 3. The City Manager is hereby authorized to execute any amended Joint
Participation Agreements with the State of Florida Department prepared to effect the above
descHbed changes.
Section 4. All p, eSolutions or paris oi Resotutiens in conflict herewith sm ben.'by
repealed.
Section S, This Resolution shall become effective immediately upon adoption.
"The foregoing ResolUtion was moved 'for ado~on by Ceun~ilmember
The motion was seconded by Councilrnember
.. and, upon being pUt int~ a vote, the vote was as followS:
Mayor Waiter Barnes
Counciimember Ben Bishop _
Counciimernber Joe Barc~,y~ . ate
Councilmember James HEll _
Counciimember Edward Majcher ~re ,.,
The Mayer thereupon declared t~e Resolution duty passed and adopted this 23rd
day c~ May, 2D01,
(SEAL)'
CITY OF ~F_~ASTIAN, FLOEIDA
Walter Barnes; Mayor
APproved as t~ form end legality for
reliance by the Cit~ of Debastisn Only:
EXHIBIT F
TO BE INSERTED LATER, PER LEASE
AGREEMF~NT
CITY OF
FORT LAUDERDALE
October 30, 2001
To Whom It May Concern:
Holland Sheltair Aviation Group (Sheltair Companies) has been a valued leaseholder on
the Fort Lauderdale Executive Airport for more than 20 years. During this time, they
have built in excess of 900,000 square feet of hangar space and FBOs. In addition, they
have marketed the Airport as well as the City of Fort Lauderdale to major clients
throughout the countw.
Sheltair's revenue sources have assisted in making Fort Lauderdale Executive Airport
one of the top general aviation airports in the United States. For the past 20 years,
Holland Sheltalr Aviation Group has conducted their operation with the highest integrity.
The management of Fort Lauderdale Executive Airport feels that the Sheltalr Companies
would be a great asset to any airport in the aiding of development and growth. It is my
pleasure to recommend Mr. Holland and his company.
Sincerely,
William H. C~c~
Airport Manager
WHC./tg
FORT LAUDE:RDAL, E EXECUTIVE AIRPOFI~'
1401 W. COMMERCIAL BLVD., SUITE ZO0, FORT L,AUDERDALE, FLORIDA 33309
TEL£PNON E (954) 828-4966, FA~ (g54) g38-4974
www.cl.forl-lauderdale,fl,us
DAVID M. METZ
Director
Petersburg-Clearwater International Airport
14700 TERMINAL BLVD., SUITE 221, CLEARWATER, FLORIDA U.S.A. 33762
(727) 453-7800 FAX: (727) 453-7847 Web: www. FLY2PIE.com
August 23, 2002
Mr. Gerald Holland
Holland/Sheltair Aviation Group
4860 N.E. 12~ Avenue
Ft. Lauderdale, FL 33334
Dear Mr. Holland:
Please accept this Lelter of Recommendation for Holland Sheltair Avialion Group (Sheltalr of Clearwater,
Inc.). Since 1987, Sheltalr has been a leaseholder atthe St. Petersburg-Clearwater Intemalional Airport
(Airport). During that time they have built 85,000 square feet of corporale hangar space for various
corporate tenants and govemmants. They provide first class, well-maintained facilities.
She,~air has been a very good tenant and has met all their fiscal responsibil~ias on lime. In addition, their
management personnel have always been responsive and have assisted in markeling our Nrport.
St. Petersburg-Clearwater International Airport considers lhem a great par~er and welcomes future
expansion that they are considering. It is my pleasure to recommend the Holland Sheltair Aviation Group
to any airport seeking a tree aviation fam'lity development company.
Sincerely,
Executive Director
DMM/rns
,/cc: Todd Andemon, Senior Vice President
Airports Council international Membor
Daytona Beach l ernati0 ai'Airpor
700 C;&~alin~ Drive · Sult,~ 300., Daylona Beach, FL 13~6) 24&e050 · fax (:386)
October 2, 2001
.... · M~,. Gerald. HoLland ..
Holland/Shehair Aviation C-mup
4960 N.E, 12t~ Avenue
Ft. Lauderdale, FL 33334
KB: Letter of Recommendation
Dear Jerry:
Please feel free to use this letter of recommendation m necessary.
Sheltair, has been a fixed based operator at the Daytona Beach International Airport for over a
decade and has grown into a highly raspected-l~BO that serves the local aviation community well,
offering a wide variety of services.
Sheltair leases over 19 acres of land and is in good financial standing with the County of
Volusia, owner and operator of Daytona Beach International Airport. The General Manager,
Dean Marchetti is constantly available and very r~sponsive. It has been a pleasure working with
you and your local staffthrough the years and look forward to the continued growth and success
of your Daytona Beach operation.
I have absolutely no reservations being listed as a business reference and can be reached at 386-
24.8-8030 x8320.
Sincerely,
Director of Aviation
A Ser~e of Volusla County Government
www. flyday~ooafimf, com
HOLLAND SHELTAIR AVIATION GROUP
Your Single Source Solution for Aviation Facilities Development
With more than 1 .$ million square feet of
aviation facilities at multiple airport locations
throughout the state of Florida, the Holland
Sheltair Aviation Group is the largest private
aviation developer/owner and management
company of it~ kind in the state. We offer a
single source approach to aviation facility
construction and management- from site
selection, financing, design and construction to
property management, we have the proven
experience to do it all...
i ?be'j. Hg!iand Shelt~ir Aviation:~r°up incorporates
*-he ,:best O( two industry leaders -- Holland
Sheltair, our 26-year'old management affiliate. As
design-build and management firm, vce
understand the needs of the aviation industry.
As such, the Holland Sheltair Aviation Group
can offer turn-key facilities that meet the most
stringent demands of our clients.
HOLLAND SHELTAIR
CORPORATE OFFICE
4860 N.E. 12th Avenue
Fort Lauderdate, FL 33334
Toll Free: 1(800) 700-2210
Phone: (954) 771-2210
Fax: (954) 771-2~745
CENTRAL FLORIDA
REGIONAL OFFICE
5850 T.G. Lee Rd., Suite 650
Orlando, FL 32822
Phone: (407) 854-1 818
Fax: (407) 854-1804
Web site: www. hollandsheltair, com
NOLLAND SHELTA~R AVIATION GROUP
Outstanding, Quality Work and Professional Property Management
Serving both the airiine and general aviation
industries, our dedicated team of experts truly
understands the needs of the aviation community.
We have built solid relationships with our
clients at the following airports:
· Melbourne international Airpor~ (MLB)
· Daytona Beach international Airport (DAB)
· St, Petersburg/Clearwater International
Airport (PIE)
· Orlando International Airport (MCO)
· Ft. Lauderdnle Executive
Airport (FXE)
· Ft. Lauderdale/Hollywood
International Airport (FLL)
· Kissimmee Municipal Airport (ISM)
Holland Builders inciudes a construction
department with extensive aviation facility
buiiding experience. We pride ourselves on
our workmanship and long-term relationships
that include:
· Delta Air Lines
· Southwest Airlines
· American Trans-Air
[] Federal Express
[] American Aidines
In addition, the Holland Sheltair Aviation
Group owns and operates the FLL Jet Center
and DAB Jet Center Fixed Base Operations.
FIXED RASE OPERATIONS (FBO)
In August 2000, Holland 5heltair opened our Central Rorida regional
office to better serve our c/lent5 in Centra/ and North Ftorido,
HOLLAND SHELTAIR
CORPORATE OFFICE
4860 N.E. ~.2th Avenue
Fort Lauderdale, FL 33334
Toll Free: 1 (800) 700-2210
Phone: (954) 771-2210
Fax: (954) 771-3745
CENTRAL FLORIDA
REGIONAL OFFICE
5850 T.G. Lee Rd., Suite 650
Orlando, FL 32822
Phone: (407) 854-1818
Fax: (407) 325~0388
Web site: www.hollandshettair.corn
1 (800) 940-2641
'! AVIATION GROUP
CITY Of
FORT LAUDERDALE
October 30, 2001
To Whom It May Concern:
Holland Sheltalr Aviation Group (Sheltair Companies) has been a valued leaseholder on
the Fort Lauderdale Executive Airport for more than 20 years. During this time, they
have built in excess of 900,000 square feet of hangar space and FrBOs. In addition, they
have marketed the Airport as well as the City of Fort Lauderdale to major clients
throughout the country.
Sheltair's revenue soumes have assisted in making Fort Lauderdale Executive Airport
one of the top general aviation airports in the United States. For the past 20 years,
Holland Sheltair Aviation Group has conducted their operation with the highest integrity.
The management of Fort Lauderdale Executive Airport feels that the Sheltalr Companies
would be a great asset to any airport in the aiding of development and growth. It is my
pleasure to recommend Mr. Holland and his company.
Sincerely,
William H. C'~c~
Airport Manager
WHC/tg
FORT L. AUD£RDALE EXECUTIVE AIRPORT
|401 W. COMMERCIAL BLVD., SUITE 200, FORT LAUOEROALE, FLORIDA 33SO9
TELEPHONE (954)828-4966, FAX (954) 9S8-4974
DAVID M. METZ
Director
,,.OPY
SI:, Pet -Clearwa er Internal:iona Airport
14700 TERMINAL BLVD., SUITE 221, CLEARWATER, FLORIDA U.S.A. 33762
(727) 453-7800 FAX: (727) 453~7847 Web: www. FLY2PIE.com
August 23, 2002
Mr. Gerald Holland
Holland/Sheltalr Aviation Group
4860 N.E. 12~ Avenue
Ft. Lauderdale, FL 33334
Dear Mr. Holland:
Please accept this Lelter of Recomme~afion for Holland Shellair Aviation Group (Sheltair of Claanvater,
Inc.). Since 1987, Sheltair has been a leaseholder at the St. Petarsburg-Qemwa~ International Nrport
(Airport). During that time they have built 85,000 square feet of corporate hangar space for various
corporate tenanls and governments. They prov'a~e first class, well-maintained fasili~s.
Sheltair has been a very good tenant and has met all their fiscal responsibiaies on time. In addition, their
management personnel have always been responsive and have assisted in marketiag our Aiqx~rt.
St. Petersburg-Clearwater lntemational Airport considers them a gmat pa~er and welcomes Mum
expansion that they are considering. It is my pleasure to recommend the Holland Shellair Aviation Group
to any airport seeking a lrue aviation facility development company.
Sincerely,
David M. Melz
Executive Director
DMM/ms
~c,c: Todd Anderson, Senior Vice President
Airl)orts Council international Member
Beach l,rerna ionai Airport
October 2, 2001
----.M.~.. Gerald. Holland ....
Holland/Sheltair Aviation Group
4860 N,E, 12m Avenue
Ft. Lauderdale, FL 33334
700 Catalina Drive · Suite 300 · Daytona Beach, FL 3~.114
(386) 248-8030 · fax (386) 248-8038
1~: Letter of Recommendation
Dear 3erry:
Please feel free to u.~ this letter of recommendation as necessary.
Sheltair, has been a fixed based operator at thc Daytona Beach International Airport for over a
decade and has gwwn into a highly ~espected.l~BO that serves the local aviation commtmity well,
offer/rig a wide variety of services.
Shcl~r leases over 19 acres of land and is in good finar~ial standing with the County of
Volusia, owner and operator of Daytona Beach Internatiorm[ Airport. The General Manager,
Dean March·rtl is constantly available and very responsive. It has been a pleasure working with
you and your local staffthrough thc years and look forward to thc continued growth and success
of your Daytona Beach operation.
I have absolutely no reservations being listed as a business reference and can be reached at 386-
248-8030 x8320.
Sincerely,
Director of Aviation
A Servloe of Volu~ia County Government
HOLLAND SH£LTAIR AVIATION GROUP
Your Single Source Solution for Aviation Facilities Development
With more than 1.5 million square feet of
aviation facilities at multiple airport locations
throughout the state of Fiodda, the Holland
Sheltair Aviation Group is the largest private
aviation developer/owner and management
company of its kind in the state. We offer a
single source approach to aviation facility
construction and management -- from site
selection, financing, design and construction to
property management, we have the proven
experience to do it all
The Holland Sheltair Aviation Gr0up incorporates
the .best of two industry leaders -- Holland
Builders, a 36-year-old construction company
founded by president jer~ M. Holland; and
Sheltair, our 26-year-old management affiliate. As a
design-build and management firm, we
understand the needs of the aviation in~lustry.
As such, the Holland Sheltair Aviation Group
can offer turn-key facilities that meet th~ most
stringent demands of our clients.
HOLLAND SH ELTAIR
CORPORATE OFFICE
4860 N.E. 12th Avenue
Fort Lauderdale, FL 33334
Toll Free: 1 (800) 700-2210
Phone: (954) 771-2210
Fax: (954) 771-3745
CENTRAL FLORIDA
REGIONAL OFFICE
5850 T.G. Lee Rd., Suite 650
Orlando, FL 32822
Phone: (407) 854-1818
Fax: (407) 854.1804
Web site: www. hollandsheltair, com
HOLLAND SNELTAIR AVIATION GROUP
Outstanding, Quality Work and Professional Property Management
Serving both the airline and general aviation
industries, our dedicated team of experts truly
understands the needs of the aviation community.
We have built solid relationships with our
clients at the following airports:
[] Melbourne International Airport (MLB)
· Daytona Beach international Airport (DAB)
[] St. Petersburg/Clearwater International
Airport (PIE)
· Orlando international Airport (MCa)
· Ft. Lauderdaie Executive
Airport (FXE)
· Ft. Lauderdale/Hollywood
International Airport (FLL)
[] Kissimmee Municipal Airport (IBM)
Holland Builders includes a construction
department with extensive aviation facility
building experience. We pride ourselves on
our workmanship and long-term relationships
that include:
· Delta Air Lines
· Southwest Airlines
· American Trans-Air
[] Federal Express
· American Airlines
In addition, the Holland Sheltair Aviation
Group owns and operates the FLL )et Center
and DAB )et Center Fixed Base Operations.
FIXED BASE OPERATIONS (FBO)
tn August 2000, Holland Sheltair opened our Central Florida regional
office to better serve our clients in Central and North Florida.
HOLLAND SHELTAIR
CORPORATE OFFICE
4860 N.E. 12th Avenue
FoX Lauderdale, FL 33334
Toll Free: 1 (800) 700-2210
Phone: (954) 771-2210
Fax: (954) 771-3745
CENTRAL FLORIDA
REGIONAL OFFICE
5850 T.G. Lee Rd., Suite 650
Orlando, FL 32822
Phone: (407) 854-1818
Fax: (407) 32~-0388
Web site: www.hollandshettair.com
1 (800) 940-2641