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HomeMy WebLinkAbout08/17/2001 ?~Ot~.'f- 01= Sebastian, Flo~id~ 32958 1.225 l~.,,tn Street 0 F~ (561) 589-5570 Telephone {561} 559-5330 ~ City CounCil information Letter August ~T, 2001 please find the attached proposed Contract for Sale and PurChase of the 9.34-acre property adjacent to (behind) City Halt as submitted for our consideration by area realtor ira Marks. Acquisition of this property would be a wise move, as numerous benefits are imminent, including future space for additional public facilities (,i.e. municipal buildings, outdoor recreation area, etc.). As publicized in area newspapers, sale of the property would represent a bank transaction totaling $178,000. ~f directed, the City of Sebastian can finance acquisition via an authorized allocation from the , munity's Fund Balance. I have expressed to Mr. Marks our possible corn . . As such, I anticipate forwarding an agenda interest to acqmre the property this opportunity during your item so as to establish a position regarding September 12th meeting. · ne Pro,,ertv Corn fiance Efforts Cornerstone r, ,., '-' - Mr. Kevin Hawkins of the As an update, p~ease be advised that I spoke with to compliance St. Lucie Development Corporation earlier this week relative and clean up efforts for the former Cornerstone parcels. As I reported in my June 15t~ information Letter, arrangements were initiated to correct problems resulting from dumping of junk and other waste (primarily the result of a successful acquisition of the property by the St. Lucie Development Corporation from Atlantic Gulf communities earlier this year). As such, the property should be brought to full comPliance soon. Again, Mr. Hawkins can be contacted by calling 561.299-0397 should anyone have respective questions and/or concerns. You all will notice a recommendation on your August 22"d meeting Consent ~lication to the United States Agenda to authorize City Council information Letter August t7, 2001 Page 3 of Sebastian in June 1998 due to a late audit of the community's last CDBG grant administration effort. Unfortunately, this arrangement essentially disqualified the City from receiving an award this year. Fortunately however, I was notified earlier this week that this penalty is to be removed later this month (such penalties can last anywhere between three to five years), whereby CDBG office direction was to resubmit the application in the coming months (anticipated this coming January or February). As such, the recommendation at this time will be to continue implementation efforts as pianned. The project is therefore to be initiated via Fiscal Year 2001-2002 Proposed Budget expenditures - from Local Option Gas Tax and Discretionary Sales Tax allocations, as well as an allotment from the General Fund (please reference the Capital improvement Fund Revenues By Source Section of the Fiscal Year 2001-2002 Proposed Annual Budget, page 153, Road improvements), with the one primary modification being to resubmit the CDBG so as to not incur the aforementioned audit penalty. Public workshopS and meetings, including discussions with the Citizens Advisory Task Force will therefore also be scheduled accordingly, so as to communicate relevant logistics. Stormwater Utility Workshop just a reminder that administration will be hosting a stormwater utility workshop. As reported during your August 8th meeting, a primary purpose of this session will be to further clarify to property owners the importance of a stormwater utility in Sebastian, anticipated requirements and benefits, as wail as estimated compilations of applicable fee credits. Representatives from Camp, Dresser and McKee will also be present to assist our efforts. The attached Public Notice has therefore been posted in City Hall since last week. Arrangements have also been made to advertise the workshop in the Press Journal this weekend. For those of you who can attend the meeting, please join us! Enclosure(s): Purchase and Sate Agreement, ira Marks Program Narrative, G.R.E.A.T. Program Memorandum from Chris McCarthy, Schumann Drive Tennis Facilities Notices for August 21 st Stormwater Utility Workshop My DocumentsllnfoLetter99 Date: 7/25r2~ol T~me: 3:35:06 PM ~¢..'01 JUL 26 PPi 1 O~ Ferrence Moore :ax¢:5810149 :rom: ira Marks, CCIM :ax #: 561-794-7758 'el ¢: 561-79z~-7778 2any: City of Sebastian 10 Acres M/L, Extension of Gibson St., Sebastian, FL 7/2512001 at 3:35:02 PM Pages: 7 (including cover) Mr. Moore: As per our conversation of last week, the attached is a draft of a purchase and sa~e agreement that my client would find acceptable. Please review and call me with any comments or questions. Regards. D~te: 7/25t2Dal 'TIr¢~: Z;~5:05 ~ Vacant Land Contract  FLORIDA AsSOCIATtON OF REALTORS~ .., ---"ERTY {"Cello r") '~ ~ ~ pA~tES ~D O~ ...... I muy~- ~ ~ ~ty") d~cr~d ~: ~ 2' ~ s~EA"D pURe 3' ~;ee to sell and ~uy on th~ ,arms and cond[t,onS s~C q 1' ~ d the ~o[~o~D add~ionsl pro~Y: ~2' ~noiudin~ ail )mpro~ments an 14' / p~CE~D FI~HG 15 1~ 2. p~H~E p~OE: ~~ ~ya~le Dy 17' .[a~ ~ ~ ~osit recei~ (c~Ks are su~ect to clearance) for ~ (.~sarowAge~") Name of ~mpa~Y 18' Additional dep~ to ~ made ~ 21 ~o~1 Financing (see paragra~ ~ ~l~) (ex. ess ~ a ~oitar amount or ~rce~e} 22* c) ~ ~ and rotations) A%~ iunOS ( ~her:~ ~ino cos~ pre.id ~emS . p ~ ~ ~reJfun~. 23~ (d) $~ *~ close [not including BuY~s~i~Fj"~asme~ che~k, offtcta~ cnec,. L t~ Balance --..t ~ paid by to~aliY or.w,, ~ -" -~ a f~ed price) ~e 2~* ~ ~ '-~ll be d~ermined ~sed o~r u~s~cify:-' ~ ~.~H n. a calcu~tion of 26' .ned to Oetermme the Durc~ _ ~,,~ un~ ~e purchase Drt~ ~ .... Flor d~lic~sed su~or ~ .Int~' ~ tom~ area of the ~u~ol~mg r~g~ of ~Y ~nu ~ ..... 30* {a} Burr ~1~ ~Y cash for the Pro~ ~th no financing con, agency 32* ~. c~HI Ft~CI~G: (CheCk as ~D~ca~e) ~ r a ro~[(s} s~cffied ~iow ~he ~ days f rom Effective ~te (5 ~ys ,,Financing') ~thm ~Oay occur~ first). 35' · .- ~., ~o~de any and a~t credO, ~. ~he F nanoing, ~thm ...... a d ~soci¢ion docume~ prodded by 36 using d~ligenoe and gooo ..,.., o Sellef at ~ · ' 3B - ' the lender's t~le msu~nce ~c~.~v ~i~ ncin~ for $ ~ or ns~, inc ud~ g · or neW~. ~ keepSellerand Broker fully 39 Burr ~[( pay ~li t?n e~. ~u~r wi)~ secure a commttment f ~ r 40 ~ [~) Ne~ Financing, ----- interest r~e and i~n cos~, ~rcha~ price ~ the prevailing 4~* ~% of the and progress and a~thor[ZeS the tender or moAcge bro~er to 42* mformad of the toan aP~mat[°n status note and mo~gage to Sailer ~nthe 43 . Setter and Broker. ~ second purchase money informStmn to . . -. a,,~ wi~ e~ecute a ~ first ~nd paya~e as fotl¢: ~ 44 ~ {2) Sailer Financlng."-~-r ~aring annUat mter~t ~ 4~ amount of $ ~' ~ - -"d ~11 folt~' forms ' agreeme~ wil) be in ~ form ~ce~bie to ~e.e~ .. . 47* ~ _.~ ~.v ~ecur ~e for ~ late ~yment fee and accelerat[Dn at the ~. ~n~o ~ note, and any se _ ~._.~e~ is located, ~[[ pro ..~ is Page I ~ 6 Pages 48 acceded in the couu~ .... , ~n~le~erecet~O~ a .... - .~d~:~'~'~'"u"--~ 49 au~ d ~ ' ""d ~eller ~ ~ AU Rifts R~erve ~ 50* ~uyer ~) ~i~s AssoCistl~ °f ~1~7 51 53 54 55 56 57' 58· mortgagee'S option if Buyer defaults; will gna Buyer the right to prepay v~hout penal' all or part of the principal at any time(s} with interest only to date of payment; wiil be due on conveyance or sale; wilt provide for retease of cor~iguous parcels, if= applicable; and wilt require Buyer to keep liability insurance on the Property, wi~h Seller as add. anal named · 't em ovment and other necessary information to detsrmine insured, B~Y~t authorizes Seller tc o~am credt. P ' --- -' ~-'~ ~ive Burr wr~en notice of w~etber · wJJJ, withJ~ 10 days from i:~ec~we ~L=. ~ - - creditw~iness for the financing. Seller Sefler ~li make the loan. . ......... ,-~*-~-~-ssume and cay exist ng first mortgageto not (3) Mortgage Assumption:Buyerwilt~aKeez~esuu)~" ...... , i~ the approximate amount of $. currently payable at 59* 60~ per month including principal, interest, ~ taxes and insurance and having a ~ fixed ~ other _% whic~ ~-~ wiJ~ ~WIH not escalate upon assumption. Any variance m the mortgage ~ ~ (.describe) 62* interest rate of 63 adjusted in the Dalance due at closing with nc adjustment to purchase price. Buyer witl purchase Seller's escrow 6z~* account dollar for dollar. If the ien~er disappro~s ~uyer, or the interest ~te upon transfer ~ceed~ -% or the 65* assum~io~transfer f~ exceeds $-- , ebher ~Y may elect to pay ~e excess, failing ~ich this 66 agreement ~ll terminate and ~uyer's deposit(s) ~fi ~ returned. CLOSING ~red o~ or ~ore 67 6B 4. CLUING DATE; O~PANCY: ~is ~ntract ~1~ ~ closed and the d~d a~d ~ssessD~ 69' ~TOBE~ f. ., ~ un~es~ extended by other pro~s~on~ of this Contact ff on Cla~in9 Date insur~ce 70 unde~itin9 is suspen~d, Buyer may post. ne ctosing up to 5 ~ys a~er the insurance sus~nsion is Closing wi~t ~ke ~ace in the county ~erethe Pro~ is [~cated and ma~ ~ conducted 5. CLOSING PROCEDURE; ~STS: . . . * · ' ' Y , in a ntwitldisbu~eatciosmgthe~etsalepr°~°st°~e"~r~nu~'~','~'-=-;-7 ~' 72 ~nses pro~ded tn this Contract, Seller and B~r will pay me costa m~t:~=~ ~ 74 un~r Paragraph 8); Other: 75 ~a) Seller Co~: Seller will pay ~e~ on the ~eed and recording fees for ~cumen~ confirmed and retried s~cial ass~sment liens; tEle evidence (if applicable , , · ~ on n~es and moAgag~ and recording fees on the d~d 78 .b~ ~i~nn~ statement; I~n ex.ness, pe~ul.~ ~-. .... a~. ~9 an~ ......... insurance, ~ner ~ 80' issue rate; ins~ctions; su~ey and sAetch, ' ' ~1 c Title Evida~ a~d I~u~n~: Check ~t)ur ~): ..... e insurance commAment as tAlee~de~ce. ~ ~el~r t ) lerw I ro~beaPamgra~B(a)(1)o~e?zAI ............ ttie ~licv search, examination andrelated ~ selec[ the tile g. ' ' s , ~er'st~le 83* ~h~r~ Each~ywl~yi~ownciosmgfs~ '. ........ hGa~ ~Selter ~Bu~r~llpayfort~o 85' O (2) ~e Ilar wm prow~ .,. ..... . ....... ~=~ for t~le searches ~or m u ..... =, __ _ . , lic and sel~t the t~tle =gent. Seue~.~, ~y '~er ct~in~ Of any), t[ie exam ri=lion fees an= ctes~.u 86 ~ar~h fe~, an~ ~u~r ~t[ ~ay fe~ for t~e searcn~ =,, 't;d as of the day b¢ore Closing D~e: real ~ate 87 d .... --..*~.e, ~he folio~ng Aems W~I~ ~ made current an ~ ...... and revenues. If t~es and assessmen[s 89 ~ch may 90 r t 93 95 ;:~nd~g in ~ core.ruble conditio~ and Wili not engag 96 - · · the ~ r'e prior wr~en consent. ' - -~ lender and with appropriste government agencies v~nich 97 tonG(Itoh ~out -- ~ ,- -',~ to ~rify by sU~Y, ~n u~e - - '-+iAn~ B~iV tO impro~n~ the Pro~Y anU ~0 rebuilding in the e~nt of casualty. 'n o~rnment r~uiation~ and eveis of se~ce ~ich etlon' Bu~ is ad~sed that chants ~[ g/ -elin~ this Co~mct if the F~ib ~Y ~udy 10~ [ ) ' use of the ~,u~,-. w:.l 102 affect B~¢s int?~ ~u'~r has checked choice (c)(2) 103 Period has ~ptreo ? [~ ~, (~ m~ ~low~ · · 104 (c)lnspe~ions: (cn~p],~..~r ~ a~ ~ye~s ex~nseand ~thm uaysy~,,,,~ . . 10~' ~eno ,, - nu, no the F~ibimity Study Period; Burr. ma~.tt~;,~7~'s~ec.Sar, to 107' '1' us~-,~-a.~u~vs and in~stigations ~ ]ns~C~ons .7 u~_.+~?o~es; zoning and 108 ass~ment andany other~e~?, a~YDr~v, engineer ng arcnitectura~ ~nc en~rontm,~-~ 109 - . .~ ._., ~f ~ackn~l~gerecel~O~aCOOyu, u,,~--~-,~ g Date: 7/zs~r)J301 ~rne: 3:35:B6 PM Page 4 of 7 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 12? 128 129 130 132 134 135 136 137 138 139 140 145 146 147 150 151 153 154 155' 155 157 159 160 161 t 62 163- 164 165 t66 16'7 t68 169 170 zoning restrictions; subdivision statutes; sci) and grade; availability of access to public roads, water, and other utilities; consistency with acer. state and regional growth management plane; availability of permits, government. approvals, and licensee; and other inspections that Bm.C~r deems appropriate to determine the :>roberty~ suitability for toe Buyers intended use. If the Property must ~e rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals, agents, contractors andass~gns, the nghtto enterthe property atanyt~medurmg~heFeas~Y Seller gives Buyer, its Study Period for the purpose cf conducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from tosses, damages, costs, ctaime and expenses cf any nature, including aCcrnay% fees, expenses and incurredin appticationfor rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all inspections or any work authorized by Bayer. Bayer will not engage in any activity that coutd resu~ in construction Iiec being filed against the Proderty without Seller's prior written consent, if this transaction does not close, Buyer wiil, at Buyer's expense, (1) repafr ali damages to the Property resulting from tne fnspeotions and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer wilt detivar written notice to Seller prior zo the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failurato comply with this notice reduiremen~ will constitute acceptance of the Property as suftable for Buyer's intended use in its "as is' condftion, if the Property is unacceptable to Buyer and writte n notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as cf the day after the Feasibility Study parted ends and Bayer's ¢eposit.{e) will be returned after :straw Agent receives proper authorization from all interested parties. 5~¢2) 14o Feasibility Study; Buyer is satisfied that the Property is suitable for Buyers purposes, including being satisfied that either public sewerage and water are available to the Property or the Property will Pe appro,~d for the installation of a w~ll and/or private sewerage disposal system and that existing zoning and other pertinent regulations and restrictions, such as euPd/vieion or deed restrictions, concurrency, growth management and environmental cond~ions, are acceptable to Buyer. 'This Contract is not. contingent on Buyer conducting any fur/her investigations. ~d~Subdivided Lands: If this Contract is for the purchase of sucdivided lands, defined by F¢ofide Law as "{a)Any contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, parcels, units, or interests; or (bi Any land, w~ether contiguous or not, which is divided or proposed to be di~4ded into 5[3 or more Jots, parcels, units, or interests which are offered as a part of e common promotional plan.~, Buyermay cancel this Contract for any reason whatsoever for e period of 7 business days from the date on which Buyer executes this Contract. if Buyer elects to cancel within the period provided, al~ funds or other property paid by Buyer wilt be refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer, D~MAIN' If an portion of the ProdertY is material y damaged by casualty before closing, 7 RiSK OF LOSS; EMINENT · ~ ..... ¢ ~k~ Drnn~ 'n eu of eminent domain proceedings, or Sellernegot ataswith a gsvernmentaiauthor ty totransrer au or pa~ L u~. ~n~ , --.-.-~ I . or ~f an eminent domain proceeding is initiated, SelJerwilJ ¢c¢omptly ~rCorm Buyer. E~ther party may cancel this Co~ract by written notice to the other within 10 days from Buyers receipt of Seller's notification, failing which Buyer will close in accordance with this Contract and receive ail payments made by the government author~ or insurance company, if any. TITLE 8. 'ft't'LE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative or ~uardian deed as appra~nate to SelJeY's status. ~a) Tftle Evldeace: Trite e~dence witl show legal access to the Property and marketsble title of record in Seller In accordance with current title standards adopted by the Florida Bar, suPjeot'only to the folic~wing title exceptions, none of which prevent Buyers intended use of the Property as _~ON/NG pER~ITS : covenants, easements and there Is nc ngh~ of entr.y., cu r.r.?nt -- :~,-~i.~ r~gmli~m~r to Bare r Se Ilar's choice of °ne °f the f°li°wmg types-cc, t,lt!,e avid,anco% or before cleemg. Seaer wll, poor ~y ~,~X,-~,-ZS;Z .;.L~._'+.~ :=.~,~rt,/is located (specify in Paragraph efcl ina se~ec~eu type). Seller will use option fl) lo Palm Beach Count7 and option (2_) in Miami-Dada County. (t) A title insurance commitment issued by a Florida-licensed title insurer in the amount cf the purchase pdce and subject only to title exceptions sst forth in this Contract, {2)Art existtr~ abstract cfi, title from a reputable and existing abstract firm (/f firm is not existing, then al~¢tract must ~e certified as correct by an existing firm) purporting to be an accurate synopsis cf the instruments affecting title tarns propeCqt recorded in the public records of the county where the Property is located and certified to Effective Date. together with copies of all documents recited in the prior policy and in the update. If ~ prior policy is not avaltab~e to [b) Tifl~ B~aminatlon: ~uyer will e×amine the title evidence and deliver wr~en notice to Seller, within 5 days from receipt 172 173' (Buyer)(_ )! ) and Sel~er (_~.._) ( ,~acknowiedge raceipt of acopy of this page, which le Pegs ~ cf 6 Pages' VAC-6 t0/00 ©2000 FiorideAesociation of REALTOR® All Rights Reserved If Seller cures the · · r and the parties will close the tTa~saotion on receipt ef Buyer's notice of defects ("CuratNe Period") to cure the defects at Selleifs expense· 175 defectS within tee ?,L~rar ....... .--~ r~,,.rer'e receipt of Sellers ncz~oe ,,, ,~¥-~.g_~. ~.,4 mm,er ~Jl, withm 1D aays ~.J =inn ~ate DF w]thm 10 days Trom ---?. e .....,;11 deliver wri~:en notJce~o ~u~,~. =,,,. - - 176 ~°~'i;f..4.~,.,.+= v~thin the Curative Pertoa, ~e,,. ...... and close the transaction, ease, have the PrcpertT. surveyed and deliver wr~en ~T7 cure ~.~ ~ ...... notice, either cansel this Contract or accep~ title with existing defects receipt of Seller's ~ ClCSin Date and at Buyer'!; exp.~ _ -i~.in~ cf an ¢ encroachments op the 178 (c) survey; Buyer may, prior t g~ -~ ~.rvev ' t no lamr [~m. ........ 179 or 1BO notice to S, elie~, within 5 days from receipt u. ..... . pu will ~e encroachme~S by the Property's improvements on other lands or deed restriotior, zoning violations. Any such seaward of the oo~s~l t B1 encroachment or violation will be treated in the same manner as a title cefeot and Buyer's and Seller's obligations 182 163 determined in accordance w~, oubparagraph (bi above If any part of the property lies construction control tine, Setter will provide Buyer With an affidavit or survey as recruited Dy taw pelineati~g the 1B4 location on the property, untess Buyer waives this requirement in writing. 185 ' MISCELLANEOUS 186 the date on wflich the last of the paKtes initials or · ce for ail provisions of thio Contract. All time par odaaxpreesed as 167 9. EFFECTfVE DATE; TIME: The ~'Effective Date" of this Contract in t 88 ~:~ Computed in business Gays ~a u~ ......... ted in oa~ndar days if any cieadine falls on 190 nOlLOayS), ~* L~_~ ..... +i--al jena{ holiday, pe~orman~ ,~,.. , **tcd~ of the appropriate day. 191 Saturday, ~unOa~ u, !'""7 pm. local time (meamng In the county where the Property ~s ~o~ . . ....... ~ frith 128riles and Broker by ,._P__......~ m-~tra~,teg~r=mganz'"'"'" cES' All notlcea vctli Be r.-u=~--~t~e~rPa~,vhen such eottce is requ,re, by..,. C[f the ¢OOti.ge-~l. CY did tlOt t 93 qg. NO~TI ~_,.'.L, timetv wrff~en notice TO ~ilttenderthatcet~tingeacyeuttand void and the Contractwlll be conStTued as .... ~=~M~IT' This Contrac'~ is the entire agreem~ IlarorB keranlessincorporated rotc t . 196 11. COMPL~TIr.~a.r~- ........ _ ..... ment~willblndBuyer,-e ...... ro on ~per 197 agreementS, no pr~ororpresemag,~ binding unless in wr~ng, s~gned and delivered by thepartyto be bound. Signatures, 1915 Mdd~ficaticns of this Contract w~ll not be or initials, documents reterenced in this Contract, counterparts andwdtten modifications cemmuniuated electronically or 199 'on of this Contract is or becomes in.lid or unenforceable, acceptable for all purpOses, including delivery, and will be binding. Handwritten er ~pewr~en terms inserted in 200 will be - ~ *~ ..... i~ over crept ~ed terms. E an[pro~m..__+ ,.~ not be recorded in any public records, 202 ;[l"~maining provisions v~l) contra ue ~e ~ ,,~,,y 12. ASSl6NABILITY; pERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 203 ,,Seller;" and "Broker" may ~ smgu!ar or ~al..,'rr~l.~enrtraanC~t is binding on the heirs, administratore, e.ecutors, 204 205 pecscnal representatives and assigns (if perrnJtted) o ~ ,Broker. DBRALILT AND DISPUTE RESOLUTION _..ther t;qan failure of ~eller t° ma ..... ~ Buu~r's deposit w~hout 206 · e let Default, If for any reas~ r ma choose to recetvee re~u!,,, ~, ~'~i~bie BroKer for 207 13. DEFAULT. (a)$ -~'-~+- to ~rform this Contract Buye Y ..... ra-h 16 Seller v~l aisc be ..... -,.m~ . ~E ---:'.:--+-~-~httoseekdamagee°r:°s-ee~=?~-%'~-~'+TIfBuverfailstodafi°raima ~°'"~'T''-'-?~--~d to be daidas liquidated 20~ W-r~?~.~%;~-~; efthe broKeregsfee, (b)~Uyer ,~_-a~,~ ,,.=~[-n and coltest all deposits dalo.anu _~.~,~.o ve 50% of et1 deposits 211 timely paymsm u~ ~,. ,.~-~ ;.~rf~rmance as per Paragrap. ,!~. -,._'~,%..~ ... eo the full amount ct rna Dru~=~u 2t2 or ; lit equa, y among coodare,,ng o aima, and other m tsrs,n ....... = ~=~OLIJTION' This Contractwru ~.c°'~'~7."~...,tract or its breach will be setfile_ a,s. ~.u~¢~ve 30 clays from 214 14. ut.~ru :~ ~ · .; ~..et;;tir~ ~ this tmneacuon or c!.~ %'~'-'-~ed to be melee: Buyer an(: t~e.e~. .... =~-.ow Anent 215 question arising om u, ~,, ,_ -;.~t~ement to aepoatte mace ana.a~,.~ .,,_.,,,~ +h~unh aadiatiae. If mat ra,~., ,=~,,... 2t9 FtoridaRealB.s~ste.?..m;;~rand.T:llerwillhavetDdaysfr°,mthe..~,at?esollSvePthe dspute through nsutrs:....b}td~ o'~n lb) All other asopuze~. --; -,-*~-- failing which the parees w,,, --~ ~'ter the Contract terms or 221 resu.,.v_~_~-. ~ *~ ~nuntv where the ~,roper~y ~ ~'_, .'.'.. ~ ~eed en the greater w~B"~ ~ "'..:~ ~ 222 arbl~rado,, ,...T,-T-;:1- ~. ,~,~ Contract. Tee ~waro w,,! y~..~ ~-..d If the parties agree To u.~ y,~.o 22.3 remedy' not Pr.otiose~ ~nrd'[~;'~on~:aotuai authortty o_~ Wb,~c,b J_~ I~s_~u"the arbitrator will resolve all_~ls~o~v.e~ry.':,'i~[~e 224 atari fmdmg~= or,.~.~ith the Florida Rules of Civil ~'roce~o~.r~D~,~ranh '17 will be submltte¢ to ~ro!~r_a~,u. ;o~ disoutes. Any disputes wl~y ~ ,.~ ,.. ~-~.-ome a party to the proceeding..t,,,,~ ~_.. ~ sttemnftc resolve a oispme Dy ~.~ . - ses~ broker consents r.n ._w~.~mg ~u ~., ,, ediation" is a process In ~/t~c~ P~).~'~,=.~ ~= ~' ~mDowered to impose a ~27 !-~.e-n~ation a~d Arbitration, Expenoe.s..,~_~ .... ~- resolution of the d~spure Du~.w-~ ~_:;Z:.;~Assomation CAAA,,) ~2 subm ttmg t to an im~ar[Io~ m~,.~T;.~ wilt be in accordance vvlth tee ru.~o,y,..,-~:.~ ~.EK:Jiation ~es, if any. "Aro¥[rsuo- ,~ - g ",-~ent o~ the parties. Media - -- ~. -r~ ,~rties ~ll eeually divide t.~ ,,, ~ -~-~.~s the matter and whoss 230 se~ .... mediator agreed on by the Pa,rt|esL_'~. ~-arinn before a neutral person..w,_n_o~u~,~. -~her arbitrator agreed 23~ or u~_,~.~ in which the parties resbive a .ms~ut~ ¥,y, ~_,,~ o-~=ordance with the rutes or me ~'~,.-%;-~'~+~ornevs' fees, and decision s chang u.,,.~ ~ ...... =.~rtration will pay ira ~wn/e~, ~**--- ~ ~34 en by the part,es, Bain parW ~u,~-~ - w ~ acknowledge receipt of,acopy efthlspage, winch Is Fag . -- . ~f ) end SellerL___,.~J,~ A ~iits Reserves Date: 7/25/2001 Time: s:35:Oe P~ , ' ion. n a civil action to enforce an arbitration · , ,-== nnd administrative fees o, arbitrat .._-- +h= nonnrevailing party re~sonabie 236 WI' equally split t.?.e arb?.~, o,~,1~r;~trat on shall ge entitied to recover T.u 237 award, the preValllrtg Deity Lu at:orneyS' fees, casts and expenses. 238 ESCROW AGENT AND BROKER receive, depOSit and hold funds and o~,iter items 239 ' ' n and in accor~nce w~h the terms of this 2~0 ~5. ESCROW AGENT: Burr and Sel}er author,S 5scr~ Agent te ~. ~ ..... +h m UPOn pro~r author~atto .... nt ~11 ct pe iiab e to any ~rso~ ' tter ¢ the escr~, Esct~ Agen~ wil~ pay tbs Go~r~t, including o'sD~'~L'2.~'~'~r or Seller, unless the misu~,,-~.~ ,- 242 ,. = .... A~ent interpteaes t~e subject ~ ..... , es and cos~ to be ~id ~o~ 243 Contract or gr~es negligence. ~ Z~ a~ ~1[ reco~r reasonable ~y'%Y&~ of the prs~iling pa~. ~,' c,al 2~ filin fe~ and costs T~0m %h%_%-%% .... d and a~rded es cou~ co~to 245 es~o~d funds or e~l~le~ ~.u 246 Escrow Agent will ~e arb~rate0, so long as Escrow Agent consen~ to arb~rate. B~O~ LI~ILIT~: Broker a~ses Burr and Soller to er~ all fa~s and re~resem~ions 249 t~at are impo~a~ to them a~d to con~u~ a~a do~ not 25D de~erminin¢ t~e elect ¢f Ja~ on f~ Fr ~ Y 251 a~d for ~, pro~Y condition, e~ro~menta~ a~d other spec[attzed a~ice. ~r ack~¢~es that 252 re~ide in the Pro~Y and t~a~ alt represen~io~s (afar, ~en or ot~e~se) ~ Broker are hosed oQ Seller 253 re~resent~ions or public records unless Broker indicates perso~a~ mrffio¢io~ of the represe~atien. Bff~r agrees to ~ly 25a sole~ ~n S~tler, pr~e~slo~l i~spectofs a~d ~nses, including rees0nab~e a~nts and employees in connection ~h 255 that martially affe~ Prope~ ~lue. Buyer and Seller res~cti~lY ~11 pay ail costs and contm~ual oblig~ons. Burr and Seller flold 256 a~orneys' fees at ~11 [e~i~. incurred by Broker and Broker's ricers, directors.to ~s from ~[~ liabit~y for t~ or ~mage ........ eiders directors, a~s and e~P, Y ..... *"~-s' f2~ Brokers ~Rormance, or arising rom Bo~r's or Seller mis~atement or ~ilure ~ ~o~ ~sed on I~ m-~=,,,~,..~,,~st ¢ any task beyona me ~.- -- . roducts or se~oes pro~ded ~ any vendor; 259 r~ention of any vendor, ?)~.m~ ul) r~nsibil~Y for seJect)~¢ and ~yer and ~ollar eacn a ....... f 265 including Broker's refer~i, recommenb¢ion or 262 and ~4) ~penses incurred by any ~ndor. s~utory obligations. For purposes ofthis 263 compensating their res~ctive vendom. T~is ~ragraph ~[I not relie~ Broker of 2~ ~ragra~h, Braker ~ll be treat¢ es a pa~y to t~is ~ntracL ~is ~agrsph ~ll suNve closing. e s named ~t~ are collectively rrerred to ~ "Broker" Seller and . - In~ru¢ion to ~osing ~ent 47 ~O~S' The licensee(s) and bro~_~[~+he nrocuring cause ¢ th,s transaction, as s~Ei¢ in 2~ ackn~ledgethatthebro~rage(s) nam units Broker h~ retain¢ such Seller an6 ~u~r direct cluing agent to disburse at oiling the full amount of the brokera~ fees closing agent will dis~rse brokerage fees 267 agreements ~th the ~ies and coo~rati~ agreements ~en t~e brokem, 268 brokerage 269 fees from the escrrd funds. In the a~ence of such brokerage agreement, 270 as indicated ~low. ~DITI O~L 271 272 275* 276 277* 278' 279' 280' 281' 28,2* 284' 18. ADDITIONPJ- TEFL~S: 286' 287* 288" 292* 293* 294* ) and Seller ) ) acknOWledge receipt of acopy of this page, whi0h is Page 5 of 6 Pages. D~t~: 7/2.5¢2ggl '~m~: 3;35:06 PM 296' 297' 298* 299* 300* 301' 302~ 304* 305' 306* 307' 308* 309' 31C* 311' 312' 313' 31~* 317' 322 oFFERAND ACC~ANCE making this Offer.) (Check If applicable: ~ Buyer reoeivedawdtten mai pro~ disclosure statement from Seller ~fore 324' 5uy~r offers to purchase the Pro~Y on the a~ terms an~ condbions. ~~ ~ _, th~s 325 co~li~redte~rnol~ertnan~ ~ a.m. ~ p.m. an ~ 32~ ~ T~ fDfSSN:-- 327 re~ed an6 Buses de.sit re~un0e0 ~ubject ~o clarence ~ ~unds. Print name: _ ~ T~ [D/SSN: ~ '- ~d~ress. ~ c 328* Date:. 3~.9' 330* Date:-- 332* Phone:. 333' Fax: -- 334* Date:-- Seller:. Print name: 'fax LDtSSN:-- 'f~x IDISSN:- 336* Date:-- ~ Prmt name: 33T' Address: -- 338* Phone: - ~ -- ini~.iat the counter o~ered terms and c~eli~r a 339' ~ ._) 340' eiier cou~ers BuyeCs oder (toacce~tbe counter offer, ~u~ rmustsign or 341 * ~~ 342* ~[ed e recei~ of aoopY of this ~e,~ich[sPage6of6P~. VAC-6 lO~O ~2000 Florida ~soct¢i~ ~ REALTORS~ All Rights R~erved Narrative or fundin~ The City of Sebastian ]~olice Department is curr~h.n, tolY __e . 001 resource ~ v~- IS aufl ar~ um~ --~_-_n~, m the SCh . .~,__w~.,entaryschoo P ~-- - -,~vE. Officer asstgncu ,o ,~ increasing to the charter middle school. Wi~ the number of calls for service involving juveniles, we are seeking funding in order to better educate our students in the preventian of vandalism and affilintien with gangs, presently the D.~ILI~. program is being taught to our students either first or second semester. Our goal is to implement another core program either before or a~ter the D.A.1LE. program to continue the positive re-enforcement of good decision-making abilitie~ At this time the City o~ Sebastian has in its jurisdiction two elementarY schools 'and ane charter middle school Thc total population that would be affected is approximately 1,700 stutents' ~inaty-five of which are.middle school students. The G ..1LILi.T. program · ed -r~'~ with a curriculum, which we believe would.make is a nationally recogmzp ~"~. · ' ' anch asye na y_' ,,ressures a The funding under this grant program will allow the ~ time ~ (SRO's) assigned to the two elementarY schools and School Resource Officers charter middle scliool to conduct the GALI~-&;T. program in a classroom sctting~ The program will be followed up with several other life skill programs/luri~ the entirety of the regular school year. The Officer throughout the school year will attend parent teacher meetings ia order to maintain contact with the parents or ganrd~n~ of the affected students. Additionally, during the summer months that the · · the SRO's will conduct a G.II.E.A.T summer camp for the ~ -o . ~, -'-"% The SRO's will also coutmc P and student. homes upon request, for the purpose of Laun'ly relations between pareat ~0~ ami Pr ram jnstifien~on: Sebastian, as a city and community, is-rapidly growing and .demograpliieallY changing from a retirement haven for senior citizens to a younger community of working families with young children and teenagers. A~s such, many of the problems usually associated with crime anti tiolinquency are beginning to consume significant police time and ~ources. We' are beginnmg_.w. ~ .~. R%ent investigations ~.~ave ]~[.~,,mmitw. oarticularlY gr_~m_n an.u.~.s~=ries, arsoas, illicit and megm ~ .... ~d 2~ ~--oluries, thefts, vemCle uu.q;m , claim gang alliances. numerous m~-u ~,--~--growing problem here and it is involving younger possession, use ami sales, Vchicie thefts, etc, to juveniles, who Drug and alcohol abuse is also a - victims. Recent nationally .b~as have show~ that many aaa yo~unger~ _ .,.,,, a~uas and alcohol anoint mm~ decision to become gang youngs;ers who ,m ..... ~egutive influences and bad dacisious by oar affiliated, do so at aromad ten riO) years of age, ~vhlie still in elementarY school Theretore' if we are to cou~ter such children, it is in the elementary schools and middle school that we must now target our efforts. It has now been show~ that waiting until the end of middle school and/or high school is too lite 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.R.E. (Drug Awareness and Resistance Education) and G.R.E.A.T. (Gang Resistance Eduentiou and Trslning) and the many other positive value and character building programs that are .available today. This grant project will provide that; s full time SRO in each of Sebastian's two elementary schools and charter middle school will be targeted for the core G.ILE~A.T. program. Under this proposed program, in addition to the duties and responsibilities specified by Florida Statutes, the SRO's will teach the long term D.A.R.E. and G.ILI~.A.T. programs cited above and thirty-three (33) short term programs especially designed for elementary and middle school age children that emphasize character and value building, decision making, peer pressure resistance and personal safety teehnlques. Attached, as part of this program description, is a s~immary of the SRO's duties, as prescribed by Florida Statutes and a list of the specific courses the SRO's will provide to elementary school students. Commuhit~ Po:~.~:~ Stra~ to be used by School Resource / G.P..E.A.T. Officer: In addition to being on the assigned school's campus durh~g school hours an.t attendin~o to thc law enforcement and safety relited functions in and .around the assigned school, the SRO / G.P..E~-.T. officer will attend all school functions, parent/teacher association meetings and actively facilitate and teach various approved programs relating to student safety, citizenship, conflict management, run away prevention, drug, tobacco .nd alcohol abuse prevention, domestic violence prevention, gang and violence avoidance, problem solving, firearm safety and self control. The SRO will obtain any trs~*~in~ end/or certifications required to teach such progr~m~ The SRO will also participate, as directed~ in uny school district functions reliting to the SRO/G.R.E~T. programs within the district. The SRO wi]] also work with .school administrators, teachers and parents in the resohltion of problems reliting to the school and or.its students. Program O~li~, and Commitment: The programs to be participated in.and/or presented by the SRO will be approved by the partuerln~o school's a~tmlnlstration, programs with s proven track record of success and programs recognized by both educational end criminal justice authorities as being beneficial for elementary / Middle school age students. The G.R.E~A~T. program will be conducted li conjunction with other nationally recognized pragrnms such as D.AAt.I~, Stranger Danger, Say No To Drugs, Character Counts, Healthy Choices, Fitting In, Problem Solving and Eddie l~agle (firearm safety). Community Pollelno Linkage: The Sebastian Police Department currently has in plice an ~.~ting 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 fandlng would allow the SRO to conduct the core G.IL]~T. program during the first or second semester opposite to the I).A.ILE. program. Having each school within the Cit~ with its own full time SRO will allow for full presentatiou of the SRO program as defined by Florida Statutes 230.2318 and 233.0663. The G.1LE.3~T. program will interface and partner with the Sebastian Pohce DeparUnent's full time Community Policing Officer, to provide a Well rounded approach to attain our community policing goals and objectives by having the school communities more fully interrelated with the rest of the community organizations, partnerships and programs. p.S. 230.2318 School Resource Officers Pro,ram (1) School Resource Officer Program.-'School boards may establish school resource officer prugr~ma, through a cooperative agreement with law enforcement agencies or in accordance with s.230.23175. (2) School Resource Offcers Certification; Duties and Respensibllities.- shall be certified law enforcement officers, (a) School Resource Officers emPloyed by a law enforcement as defined ia s.943.01 (1). Who are agency as defined in a.943.01 (4). The powers and duties of a law enforcement officer shall continue throughout the employee's tenure as a school resource officer, policies and shall School Besource officers shall abide by school boar~.hool principal, Co)coordinate activities through the ~ensult with and but shall be responsible to the law enforcement agency in all matters · between a school board relating to employment, subject to agreements school and a law enforcement ugeacy. Activities conducted by the resource officer, which are part of the regular instructional program of the school, shall be untler the direction of the principal L Bigycle~Safe~.: How to be defensive b~e rider. Bike laws and helmet ~ Consists of a bike rodeo. 50 rain I devices mean, what they look like 50 rain 2. Tra~,c~COntrbLllevlCes: What each traffic comro a road patrol officer. 50 mln 3. police~Offleer: This lesson teaches kids the function of system. 50 4. ~mergemcy 911: This lesson shows the function of the 911 syste~ 50 mia 5. l. ife~ile: This lesson shows students life ms, de the Florida correctional 6. Pr6ject,~Gitizeu: Tiffs class gets students involved in the community by having ~he students deal with state a~d logal govermaaenL 5 - S0 mi~ classes 7. S~;A~.: school Kids Agains~ Drunk Drlvi~g. This lesson shows kids the dangers of alld' ~i]1~ 50 mln ...... ~+ ~]~nl~ix~ a baby c~l dO. 50 ,, ~ · ~' · This ]L~SOll ~llOWS $tllucuza ~,~,,*~ ., - . 8. "Sh~lte~Jxandsm°t~a~'y3s ' · ....... n~-~ what can bantam when com~licts 9. lma:~sh: This ~s p P get out of control Students also see what they can do to avoid violence- 50 10. "~VOW "i('s a weapon: this is a lesson which shows students what can and ca~t be u~l az a weap°a~ and what to do if they see someone with a wea9~ 50 mia 11. S&o4fl*~baw,: This wachez Kudems that law exists above state laws and how they can avoid Violating then~. 50 mln .... -'~-~ ~^~ ~helr own safety mid not to go S~e~itl~' This shows students now ~o oe respou~m~ .~ --~ 12 ~' . ~0 mm L3. ~awaY~O~: This shows studcnXsthere~ analterna~ve t° rn g 14. SgY~0~~o~°~: This lesson shows studenZs the risks o~ xobaceo use and national death and JigS]th ~ COlff~ 60 x~. ,~ust?ay~o ~ru~': This l~so~ ~ows stuaems the risks of u~ng ineg~ drugs a~d the long ~6. "]~ing~6~g~l~re~: This ~s also alesson $o show how productive you can be if you don't use drugf~ 60_ rain ......... ~-~ ~-~ o~d how Xo nrevent fires. 50mi~ 18. The~ci. lme~Gme: xms crass snows smu~,~ will effect your futm~ 50 rain - 19. Dom~lcncg: ~ lesson shows smde~0~s how ~o commuulcate with your ~amily with out get~g_i~afight 50mia . . . . . · 20. Seat~elts' This lesson shows smdeuts how seat belts will save your l~e ff you are involved m a cra~ ~0 mi~ p~vsmial~e~ This shows smde~s that tx~n~thc short cut doesn't always save time and you 21. ~oet hur~ 60mln . . '~;~" '~: ~fiS~' Shows students how the)udicial vys~ worl~ and how laws are made 22. ~ ' and eaforce~ 2. 50 min classes mad how they are 23. ~au~d~Viol~: This ~hows students The ~e of crime gang membe~ lead continuously arreste~ 50 mi~ . · 24. ~;~i ~oW being a bully effect~ ether students and how yOu can rinse yom' ~cu =,~,o~ 2~. bZtl[ ' 60 mln · arenota ,._: ~..~,..:-,~:~ ~__.~a~,~hneexnresmreandhowt0dealwith ' 0bl~l~e;~mere~cea: now ,o ..... r 26. 1~ ~V/5~ d~ Dro~l~q~g yo~ ~ confronted by. 60 mi~ .~ . 27. l~a~g~:_~prug~.~.o= r ..... ~.~,+,olrrhnracteris a great influence on tl~r h~C~iums' Tim lesson snows sm~.~,~ 28. ~ ,, · peers and company. 60 rain 30. _~ficOhol;~use: 'lne cnec~ u~ c~,~-~ .... . zl. Health~h6ices: This shows students how eating correct~ will ~ve you more energy and help you live a healthy l~e- 60 mln students what ~ do if they find a gu~ or any type of weapon ~. ~di~a~: Gun Safety Shows during their every day life at home or at school. 5- 50 rain classes 33. D~.' Drug Abuse Resistance ~ducaflon 6~ m HOM[ O~ i'~.LICAN ~$LA~D TELEPHONE: (561) 589-5330 ' FAX (561) 589-5570 MEMORANDUM DATE: TO: FROM: TI[ROUGH: SUBJECT: August 15, 2001 Terrence R Moore, City Manager Chris McCagthy, parks and Maintenance Superintendent / Terry Hill, Director of Public Work~//~ Status of Schumann Tennis Park Ligh~ting I met with an electrical contractor this morning and will meet with two others tomorrow to discuss energizing the lights on the tennis courts. I have an appointment with a representative from Florida Power and Light this Friday to discuss the line drop that will be needed. We have run into a few problems with clogged conduit pipe that was installed 5 years ago. We will have to run one new conduit to the location of our meter can and breaker box. We hope to have all price quotes needed back by next week. When the Purchase Kequisitions are approved and the contractor can schedule the work it should only take a few days to complete. Barring any last minute problems, the lights should be operational the first week of September. 'An Eof ual Opportunity Employer" Celebrating Our 75th Anniversary HOM[ 01: PELICAN ISLAND 1225 MAIN STREE'T · SEBASTIAN, FLORIDA 32956 TELEPHONE: (561) 589-5330 · FAX (561) 589-5570 PUBLIC NOTICE CITY O1~ SEBASTIAN ilXrDIA_N RIVER COUNTY FLORIDA PUBLIC WORKSHOP TUESDAY, AUGUST 21, 2001 - 6:00 P.M. The City of Sebastian Staff will conduct a Public Workshop Meeting, to discuss Stormwater Utilities, begirming at 6:00 p.m., on Tuesday, August 21, 2001, in the City Council Chambers, 1225 Main Street, Sebastian. Two (2) or more City Counc'tlmembers may be in attendance. In compliance with the American with Disabilities Act (ADA), anyone who needs a special accommodation of this meeting shauld contact the City's ADA coordinator at 589-5330 at least 48 hours in advance of this meeting. "An Equal Opportunity Employer' Celebrating Our 75th Anniversary H0.613 CITY OF SEBASTIAN STORMWATER UTILITY WORKSHOP City: of Sebastian Staff and Stormwater Consultants Camp, DreSSer, and McKee will conduct a Public Information Workshop ~Str~oarding !.h.e proposed ater Utd~ty on Tuesday, -A--~ust 21, 2001 at 6:00 pm in the City Council Chambers, City Hall 1225' Main ,Street, Sebastian, Florida,