HomeMy WebLinkAbout07282004HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JULY 28, 2004 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
The Mayor called the regular meeting to order at 7:00 p.m.
The Pledge of Allegiance was let by Councilmember Heptinstall.
Invocation was given by Father Morrissey of St. Sebastian Catholic Church.
ROLL CALL
City Council Present:
Mayor Nathan McCollum
Vice-Mayor Joe Barczyk
Councilmember Ray Coniglio
Councilmember Mike Heptinstall
Councilmember Lisanne Monier
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Building Director, Wayne Eseltine
Finance Director, Shai Francis
Growth Management Director, Tracy Hass
Human Resources Director, James Sexton
Police Chief, James Davis
Police Lieutenant, Greg Witt
Code Enforcement Officer, Antoine VanMeir
Regular City Council Meeting
July 28, 2004
Page Two
04.023
04.169
04.170
04.035
04.035
1-10
11-14
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-04-26)
None.
PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Presentation of Certificate to Employee of 2nd Quarter
Mayor McCollum presented Code Enforcement Officer Antoine Van Meir with a
plaque and savings bond.
B. Introduction of New Chief Bu din.q Official, Wayne Eseltine
The City Manager introduced the new Building Official and he was welcomed to the City
of Sebastian.
C. Keep Indian River Beautiful - Adopt-A-Street Pro.qram
Cheryl Cummins presented a letter of intent to enter into a partnership with the City to
reactivate the Adopt-A-Street Program (see attached) and asked for City Council's
blessing to publish a press release and start the program. There were no objections to
the proposal.
Presentation by Director of Finance Shai Francis - Third Quarter Fiscal Year
2003/2004 Amended Bud,qet
The Finance Director presented the third quarter budget amendment.
Presentation by Mayor Nathan B. McCollum - Analysis and Education Reqardin.q
Assessed Valuation in Sebastian
Mayor McCollum presented a power point presentation to clear up any confusion about
sources of the various taxes that appear on a County tax bill, noting the only taxes
earmarked for the City of Sebastian are a 4.590 ad valorem tax and the Sebastian storm
drainage assessment. He said property values have gone in accordance with appraisal
by the Office of the Property Appraiser which will result in higher tax bills.
CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion
of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon
separately.
A. Approval of Regular Meeting Minutes - 7/14104
Approval of Workshop Minutes- 7/21/04
2
Regular City Council Meeting
July 28, 2004
Page Three
04.035 C.
15-64
04.127 D.
65-68
04.171 E.
69-70
04.172 F.
71-72
04.173 G.
73-88
04.174 H.
89-94
04.175 I.
95-98
04.108 J.
99-100
04.108 K.
101-102
Resolution No. R-04-30 Adopting an Amended Fiscal Year 2003-04 Budget (Finance
Transmittal 7/20/04, R-04-30, Exhibit A, Memo, Reports, Schedules, Report)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 2003 AND ENDING SEPTEMBER 30, 2004 AS PROVIDED FOR IN EXHIBIT "A";
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Announce and Authorize City Manager to Certify Form DR-420 for a Maximum Millage
Rate of 4.5904 Mills (Finance Transmittal 7/20/04, DR420, Certification)
Approve the City Manager Travel to San Diego, California to Attend the International
City/County Management Association's 90th Annual Conference, October 17, 2004 to
October 20, 2004 at San Diego Convention Center (City Manager Transmittal 7/15/04)
Approve the City Clerk Travel to Leesburg City Hall on July 30, 2004 for FACC
Meeting and Orlando on August 5, 2004 for MCC Laserfiche User Group Meeting
(City Clerk Transmittal 7/22/04)
Resolution No. R-04-31 Vacation of Easement - Adams - Lots 12 & 19, Block 551,
Sebastian Highlands Unit 16 (GMD Transmittal 7/21/04, R-04-31, Site Map, Staff Report,
Application, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING
CERTAIN EASEMENTS OVER LOTS 12 AND 19. BLOCK 551, SEBASTIAN HIGHLANDS UNIT 16;
PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR
EFFECTIVE DATE.
Approve the Installation of 850 Feet of 30 and 36 Inch HDPE Pipe in Exchange for
40 Foot Easement on Klenck and Fischer Property (Engineering Transmittal 7/15/04,
Easement, Map)
Authorize the Award of Contract to netDirective Technologies to perform MIS and
Network Consulting Services on as Needed Basis and Authorize Staff to Execute the
Same (Finance Transmittal 6/23/04, Agreement)
Approve Award of Contract to Regan Masonry in Amount Not to Exceed $7450.00 to
Install Stem Wall Foundation for Cain House (Public Works Transmittal 6/16/04,
Estimate)
Authorize the City Manager to Execute the Indemnification and Hold Harmless
Agreement Between the City of Sebastian and Florida Endeavors, LLC to Relocate
Cain House (City Manager Transmittal 7/16/04, Agreement)
3
Regular City Council Meeting
Juty 28, 2004
Page Four
Mr. Barczyk removed item A and Mayor McCollum removed item G.
On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, consent agenda items B-F
and H-K were approved by a roll call vote of 5-0.
Item A - July 14, 2004 Reqular Meetin.q Minutes
Mr. Barczyk noted correction to his statement relative to the Spencer annexation on
circle page 5, that the acreage should read 250,000 rather than 700,000.
On MOTION by Mr. Barczyk and SECOND by Mr. Coniglio, item A was approved by a
voice vote of 5-0.
Item G - Vacation of Easement
Mayor McCollum expressed concern for setting a precedent by vacating an easement
without a noted hardship, but rather to increase the value of the property for sale.
The City Attorney said the hardship for this lot would be that there is no access to it but
through the abutting lot.
On MOTION by Mayor McCollum, and SECOND by Mr. Conigiio, item G was approved
by a roll call vote of 5-0.
8. COMMITTEE REPORTS/RECOMMENDATIONS
04.015
A. Code Enforcement Board
103-116
Interview Unless Waived and Submit Nominations for Unexpired En.qineer
Position (City Clerk Transmittal 7/12/04, Letter, Code, Applications, Ad, List)
No applicants were present for interview.
Mr. Coniglio nominated Mr. Dodd, and since there were no nominations, Mr. Dodd was
automatically appointed to the position.
On MOTION by Mr. Barozyk, and SECOND by Mr. Heptinstall, appointment of the
alternate was added to the agenda by a voice vote of 5-0.
Mr. Barczyk nominated Mr. Brauer to the alternate position, and since there were no
nominations, Mr. Brauer was automatically appointed to the position.
4
Regular City Council Meeting
July 28, 2004
Page Five
04.166
117-128
o
04.161
129-134
04.176
135.160
Parks & Recreation Advisory Committee
i. Interview Unless Waived and Submit Nominations for Unexpired Zone B Position
(City Clerk Transmittal 7/12/04, CodeI Applications, Ad, List)
Mr. Barczyk nominated Elizabeth Gray (Zone B) and since there were no other
nominations, Ms. Gray was automatically appointed to the position.
Fill At-Larqe Position
The City Council interviewed Michelle Merlin. it was noted that she would have to
resign her Tree Board position if appointed. No other applicants were present.
Mr. Barczyk nominated Michelie Medin for the alternate position, and since there were
no other nominations, Ms. Merline was automatically appointed.
Mr. Barczyk asked if applicant MaryAnn Krueger could fill the vacant position on the
Tree Board, however, the City Clerk advised that the Code allows Council to
automatically fill an alternate position on the same board if an alternate is moved up, but
all other vacant positions have to be advertised.
PUBLIC HEARING
Adoption Readinq of Ordinance No. O-04-15 Amendment to Chapter 102, Article V,
Sebastian Stormwater Utility (Enqineerinq Transmittal 6/15/04, O-04-15)
AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTER 102. ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND EFFECTIVE DATE.
The City Attorney read the ordinance by title, and Mayor McCollum opened the public hearing at
7:37 p.m. There was no public input.
On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Ordinance No. O-04-15 was
adopted by a roll catl vote of 5-0.
Quasi-Judicial Public Hearin.q Resolution No. R-04-29 Modification of Conceptual
Development Plan for Chesser's Gap PUD (GMD Transmittal 7/20/04, R-04-29, Plan,
Map, Application, P & Z Minutes)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL
DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN AS CHESSER'S GAP PUD;
PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE.
5
Regular City Council Meeting
July 28, 2004
Page Six
The City Attorney read the ordinance by title, and Mayor McCollum opened the hearing at 7:38
p.m., there was no ex-parte communication to be reported, and the City Clerk swore in all those
who offered to give factual testimony.
Joseph Schulke, Schulke, Bittle & Stoddard, LLC, representing the applicant Sebastian General
Partnership, presented the proposal for modification of the Chessere Gap conceptual
development plan to City Council from industrial to multi-family residential.
The Growth Management Director presented staff recommendation and noted the development
plan will come back before City Council. He then responded to questions from Council.
Ms. Monier strongly recommended that the workforce affordable housing be considered.
Louise Kautenberg, said affordable workforce housing is badly needed in Sebastian.
Bruce Lee was sworn, noted objections raised during the Planning and Zoning Commission,
expressed concern about density issues and appealed for lower density.
Andrea Coy questioned the data used to determine need, objected to the modification until there
is a revised comprehensive land use plan and a full plan for the property are in place.
At the request of the City Manager, the Growth Management Director verified that there is a
state mandate to provide for affordable housing and the City is still deficient and could be found
to be inconsistent with its comprehensive land use plan. The Growth Management also noted
the City is only required to update its comprehensive land use plan every ten years, however
the City is revising it sooner to bring it up to standards
TAPE I- SIDE II (8:02 p.m.)
The Growth Management Director said staff was recommending the modification to the
conceptual development plan tonight based on comprehensive development plan requirements
and zoning consistency, wherein multi-family zoning is more compatible with adjacent single-
family zoning than is industrial zoning.
The City Attorney recommended an author's amendment to Section 1, as follows:
"with the January 2004 narrative update and a plan bearing a date with engineer's certificate of
July 20, 2004 prepared by Shulke, Bittle and Stoddard".
The City Attorney noted no one was denied input on the density merely advised that there will
be a full hearing on density at a later date.
Ms. Monier said there is a conceptual plan in place before Council, and said she hoped the
public does come when the preliminary plan comes before Council. The City Attorney said
density will be discussed during preliminary development plan consideration.
6
Regular City Council Meeting
July 28, 2004
Page Seven
Mayor McCollum responded to resident concerns, and expressed his concern if this was to
remain industrial, and his concurrence with the need for multi-family.
Mr. Barczyk said the name should be "homes for working families" rather than affordable
housing; said quality of life means different things to different people, and there is a need for
multi-family in Sebastian.
staf£
Mr. Coniglio said Council appreciates the manner in which C-euneil protects them with good
information.
Mr. Heptinstall said he feels there is not enough done to enlighten citizens about the policies
and procedures needed to conduct the business of the City; said Council is not trying to ignore
anyone but there are legalities they must abide by. He invited residents to contact individual
councilmembers with questions.
On MOTION by Mr, Coniglio, and SECOND by Ms. Monier, Resolution No. R-04-29 was
adopted as amended (by the City Attorney) by a roll call vote of 5-0.
Mayor McCollum called recess at 8:18 p.m. and reconvened the meeting at 8:28 p.m. All
members were present,
10.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not othenvise on the
agenda - sign-up required - limit of five minutes for each speaker
Damian Gilliams said revenue is increasing in the new tax year and hoped that the Council will
carefully review the proposed line items with an eye to going to rolled-back rate.
Mayor McCollum said the budget workshop will take place on August 17th.
11. OLD BUSINESS
04.115
161-162
Direction Re.qardin.q Keep Indian River Beautiful's Request for Space (City
Manager Transmittal 7/22/04, Letter)
The City Manager gave a brief background on the request from Keep Indian River Beautiful and
requested further Council direction be offered to staff. He said that Cheryl Cummins and
Carolyn Corum from Keep Indian River Beautiful were present to address Council.
The City Attorney requested clear direction as to whether Council wants the recovery center
located at the City complex or does it simply want to offer administrative offices. He said the
recovery center would best be located in the back building, administrative offices would be best
located in the old City Hall building with conditions decided by the location.
Regular City Council Meeting
July 28, 2004
Page Eight
Mr. Coniglio said the most important part of KIRB is what they do for students and teachers that
come to the recovery center to pick up supplies. He said it is not a transfer station but is a
recovery center, and pointed out that no one else was requesting use of the building.
Sal Neglia suggested they use the museum space adjacent to the Chamber of Commerce. He
said these buildings belong to the citizens of Sebastian.
Kitty Bos??, supported leasing property to KIRB because it will benefit the citizens of Sebastian.
Mayor McCollum said Council had a contract to look at (contract with Vero Beach provided by
Cheryl Cummins KIRB prior to the meeting - see attached), reported on his visit to the KIRB
facility in Vero Beach, said he had heard from people who want to volunteer their time in
Sebastian, and said he liked the fact that this is a month-to-month lease.
The City Attorney suggested Council not waive the casualty insurance requirement.
am officer of
The City Attorney advised that Mr. Coniglio not vote on the actual contract since he is ~.~
member--e~ this organization.
Mr. Barczyk said there was an idea to keep this building as a training and meeting facility, but
noted that space had been previously promised to the Recreation Department.
Cheryl Cummins said 1500 square feet could accommodate them if need be.
Mr. Barczyk said the museum adjacent to the Chamber will become available soon, and that he
had no problem with offices but did have a problem with a distribution center in the new City
complex.
Mr. Coniglio agreed that this building should be used for meetings and the other building could
accommodate the use requested, said he liked the agreement presented, the City Attorney
could work out the insurance aspect.
Mr. Heptinstall said the adult day care at the Senior Center is in need of volunteers; and said
this would be a good opportunity for the children from the Boys and Girls Club to learn from this
facility and help out. He said the old Growth Management Department building is where this
facility should be.
Ms. Monier said Cheryl Cummins said a large amount of citizens are involved with this
organization, it would be an honor to have the facility on the city complex, and that all that is left
to do is instruct the City Attorney to look through the provided contract, clean it up and bring it
back. Mayor McCollum said a revised contract should be brought back for Council review.
Mr. Barczyk asked what plans are in place for this room and the City Manager said it was an
administrative decision, said he had discussed options for this room with Parks and Recreation,
that the room could be used as a multi-function room for vadous uses.
Regular City Council Meeting
July 28, 2004
Page Nine
On MOTION by Ms. Monier, and SECOND by Mr. Heptinstall, staff was instructed to create a
lease agreement with KIRB for the Growth Management building to include the recovery center
and bring it back at the next meeting by a roll call of 3-1 (Barczyk - nay - Coniglio abstained
from the vote at the recommendation of the City Attomey- see voting abstention form attached
to these minutes)
04.024
163-164
Discussion Reqardin.q Historic Preservation Planning (City Attorney Transmittal
7/22/04, Memo)
The City Attorney advised City Council on historic preservation planning issues as set out in his
agenda transmittal. Mr. Coniglio said historic planning should include the public.
On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio Council approved City Attorney's
recommendation by a voice vote of 5-0 (see agenda transmittal 04.024 in agenda packet)
12. NEW BUSINESS - none.
None.
13. CITY ATrORNEY MA'I-I'ERS
04.168
A, City Council Expense Account and Travel Policy
The City Attorney advised that after Council selected expense account option 2 at the last
meeting, staff met to try to establish language and technicalities, so recommended that Council
consider either an agreed upon expense account to cover miscellaneous expenses with an
option to opt out or just forget about an expense account altogether and be reimbursed for travel
over 25 miles in accordance with the travel policy.
It was the consensus of Council for option one with an opt-out provision and the City Attorney
will come back with a revised ordinance and resolution. (see option language attached)
TAPE II - SIDE I (9:15 p.m.)
Other Matters
The City Attorney reported that the additional homestead exemption did not make it on the state
ballot due to a Supreme Court decision; reported on litigation by the School Board against the
City regarding a utility franchise fee, citing that the courts have found in favor of the City;
reported on the resign to run code prevision which requires board members to resign ten days
prior to the qualifying period to bring it in to line with state law which requires resignation of
members who have municipal authority to resign ten days prior to qualifying but that the
resignation not be effective until the election, and noted that purely advisory board members
would not have to resign at all under Florida law; and reported that the Community
Redevelopment Advisory Committee will report to City Council a recommendation on CRA
funds prior to the final budget hearing on September 22, 2004.
Regular City Council Meeting
July 28, 2004
Page Ten
14.
04.177
165.168
15.
16.
CITY MANAGER MA'I'FERS
A. Tree and Landscape Advisory Board Code Chan.qes (Letters, History)
The City Manager cited the history of the tree board language, and that the issue witl go before
the Planning and Zoning Commission in the near future for a recommendation to City Council.
Mr. Barczyk said Indian River County had just adopted a new tree ordinance and suggested the
board look at their language. The City Attorney said DEP has come out with a model ordinance
as well.
Other Matters
The City Manager updated Council on his discussions with Mr. Olmstead, Mr. Gilliams and the
City Attorney relative to financing options on the property on US 1 south of the city limit, stating
that there is a purchase contract on the property, and that any lease option in the amount of
$22,000 per month the City might enter into would not go toward the purchase price; and
reported that the proposed budget will be delivered to Council on July 30, 2004.
CITY CLERK MATTERS
Received a consensus of Council for the Attorney to bring back an ordinance on the resign to
run issue.
CITY COUNCIL MA'rFERS
A. Mr. Barczyk - None
B. Mayor McCollum
Noted that beginning in September, the second Indian River County Commission meeting of the
month will take place at 6:30 p.m.; received consensus of Council for him to send a letter to
Indian River County on behalf of Council stating the City is interested in the extension of
Laconia to CR510; suggested a banquet for all committee members to thank them for what their
contribution and it was the consensus of Council to agree to some kind of recognition dinner.
Mayor McCollum asked that the City Manager bring this item to his next management meeting
to determine the best time for board members to attend.
Mayor McCollum reported on the "Night Out" event on August 3rd, in Riverview Park from 6 p.m.
to 8 p.m.
C. Mr. Heptinstall
Mr. Heptinstall said knowing the lease price would not go toward the price of the Olmstead
property answered his question.
10
Regular City Council Meeting
July 28, 2004
Page Eleven
D. Mr. Coni.qlio
04.039
169-173
i. Growth Task Force (IRC resolution beginning, letter, aaendas)
Mr. Coniglio said this area could increase by 6000 plus homes, and recommended a
task force to investigate growth issues such a septic problems and sewer cost issues.
Ruth Sullivan, Sebastian, said Sebastian established a task force composed of 45
people, which came up with a plan for the City.
Andrea Coy, Sebastian, agreed that it was not necessary at this time since there are
current boards who could do this investigation work.
Carolyn Corum said she liked the idea of a task force due to investigate well and sewer
concerns.
Ann Putman said it would be better to do things through referendum rather than a
chosen task force.
Mrs. Sullivan said the pdor plan is on file in the Clerk's office, and there are committees
and staff members in place to oversee various issues.
Ms. Monier said she is concerned with the negativity surrounding the City at this time,
and this group could find solutions to make the City a better place to live with the help of
a facilitator.
Mr. Coniglio said City boards do not bdng recommendations to Council; and Mr.
Heptinstall agreed that Council does not hear from boards, and asked if a committee
was put together would they make suggestions to Council.
Mayor McCollum said he would agree with formation of the task force after the
November non-binding referendum on the question of annexation, so that the committee
becomes a solution rather than becoming politicized.
Mr. Coniglio said Council had already agreed to the annexation referendum and this was
in no way an effort to stop it, but was an effort to come up with solutions for future
growth.
No action was taken on the proposal.
E. Ms. Monier- None
Mr. Heptinstall asked Mr. Gilliams to the podium at this time at his request. Mr. Gilliams
addressed Council about the possibility of a lease option on the OImstead property,
stating no seller is going to tell you up front that anything is refundable.
11
Regular City Council Meeting
July 28, 2004
Page Twelve
TAPE II - SIDE II (10:15 p.m.)
Mr. Gilliams continued.
Mr. Barczyk said he had been invited by Senator Pruitt to attend a breakfast in
connection with one of his board appointments, and asked for Council approval.
On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Mr. Barczyk's request was
added to the agenda by a 5-0 voice vote.
On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Mr. Barczyk was authorized
to attend the breakfast with Senator Pruitt with the stipulation that he reports back to
Council on a voice vote of 5-0.
17. Being no further business, the Mayor adjourned the regular meeting at 10:20 p.m.
Approved at the August 11th, 2004 Regular City Council meeting.
Na'{Ir~fi B'.~McC'ollum, Mayor
As ameade(] o~ pa~es 7 & 8.
12
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FIRST NAME--MIDDLE NAME
Conlglio, Raymond G.
MAILING ADDRESS
1225 Main Street
CITY
Sebastian, FL 32958
DATE ON WHICH VOTE OCCURRED
July 28, 2004
COUNTY
Indian River
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Sebastian City Council
THE BOARD, COUNCIL, COMMIS~E)N, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
~CITY [3 COUNTY ~ OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS:
~ ELECTIVE ~ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any pemon serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to membem of advisory and non-advisory bodies who ara presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary graatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the raverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special pdvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a ralative; or
to the special private gain or loss of a business associate. Commissioners of community radevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis ars not prohibited from voting in that
capacity.
For purposes of this law, a "relativa~ includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, fathar-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
ara not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measura on which you
ara abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the natura of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU iNTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (befora making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed,
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Eaymot~L G. Coniglio ..... hereby disclose that on July 28_
(a) A measure came or will come before my agency which (check one)
__ inured to my special private gain or loss;
__ inured to the speciar gain or loss of my business associate,_
__ inured to the special gain or loss of my relative .............
__ inured to the specia~ gain or loss of.
whom I am retained; or
__ inured to the special gain or loss of ....
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
.......... 20 C~-
which
I serve as the vice-president of Keep Indian River Beautiful, Inc. which requested office space
from the City of Sebastian at the July 28th City Council meeting.
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. t/2000 PAGE 2
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
JULY 28, 2004 REGULAR MEETING
"New Business" as used herein, is defined as an item that has occurred
or was discovered within the previous six months
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS
NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 5
MINUTES PER SPEAKER
If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will
call for public input prior to Council deliberation on each agenda item. Please raise your hand when he
calls for input.
New Subject:
Name:
New Subject:
Name:
New Subject:
Name:
New Subject:
Name:
New Subject:
Name:
New Subject:
PUBLIC HEARING SIGN-UP SHEET
July 28, 2004
Adoption Reading of Ordinance No. O-04-15 Amendment to Chapter 102, Article V, Sebastian
Stormwater Utility.
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF
ORDINANCES CHAPTER 102, ARTICLE V SEBASTIAN STORMWATER UTILITY;
PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
NAME ADDRESS
not mandatory)
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NAME ADDRESS not mandatory)
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NAME ADDRESS (not mandatory)
NAME ADDRESS (not mandatory)
NAME ADDRESS (not mandatory)
NAME ADDRESS not mandatory)
QUASI-JUDICIAL PUBLIC HEARING SIGN UP SHEET
JULY 28, 2004
QUASI-JUDICIAL Public Hearing Resolution No, R-04-29 Modification of Conceptual
Development Plan for Chesser's Gap
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE
CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNED UNIT
DEVELOPMENT KNOWN AS CHESSER'S GAP PUD; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE.
NAME
ADDRESS (not mandatory)
(circr'e~i~e/
FOR/AGAI NST_
NAME
ADDRESS (not mandatory)
(circle one)
FOR/AGAINST_
NAME
ADDRESS (not mandatory)
(circle one)
FOR/AGAINST_
NAME ADDRESS~
not mandatory)
(circle one)
FOR/AGAI NST_
NAME ADDRESS, not mandatory)
(circle one)
FOR/AGAINST_
NAME
ADDRESS (not mandatory)
(circle one)
FOR/AGAINST_
NAME ADDRESS 'not mandatory)
(circle one)
FOR/AGAI NST_
NAME
ADDRESS 'not mandatory)
(circle one)
FO R/AGAI NST_
NAME
ADDRESS 'not mandatory)
(circle one)
FOR/AGAINST_
NAME
ADDRESS (not mandatory)
(circle one)
FOR/AGAINST_
NAME
ADDRESS (not mandatory)
(circle one)
FOR/AGAINST_
NAME ADDRESS (not mandatory)
(circle one)
FOR/AGAINST_
NAME ADDRESS (not mandatory) (circle one)
City of Sebastian and Keep Indian River Beautiful Adopt -A-Street Program
...... Letter of Intent ....
This letter will serve as commitment between Keep Indian River Beautiful and The City
of Sebastian (CITY) and ( GROUP ),
to adopt a minimum of 2 miles &city street for litter removal
at from
to , in the City of Sebastian.
The GROUP commits to:
I. Perform litter removal in strict accordance with Adopt-A-Street safety
guidelines at least four times a year for a two year period.
2. Designate a leader who shall represent the GROUP, and will register
and brief the participants prior to each event.
3. Select participants at least 12 years of age and provide supervision.
The CITY commits to:
1. Install Adopt-A-Street signs at the beginning and the end of the
adopted street section which identify the GROUP.
2. Remove the bagged litter and large, heavy and hazardous items from
the adopted street section after each event.
KEEP INDIAN RIVER BEAUTII~-L commits to: 1. Provide an annual safety meeting.
2. Furnish litter bags and gloves to the GROUP.
3. Provide statistical data to the CITY.
4. Furnish data cards to the GROUP.
It is understood that the members of the GROUP participating in the litter cleanup are
providing volunteer sea-vices to the GROUP and not to the CITY.
Either party may terminate this commitment for any reason upon 30-day written notice.
This letter ofinteat is non-transferable and non-assignable.
I certify that I have read the information contained in this document and that I possess the
authority to execute this document on behalf of my organization.
Volunteer
Siglmture Date
Group
City of Sebastian/KIRB, Inc.
Signature Date
Admini~ator of City and or KIRB
Keep Indian River Beautiful and The City of Sebastian Adopt-A-Street Program
...... Registration Form-----
I. Group's Name
1I. Group Leader
III. Participant's Name
IV,
Address oty
Person to co.act in case of emergency:
Zip Pl~one
Address City Zip Phone
By signature below. I have read and understood the rights, responsibilities and
Privileges of participation in the Adopt-A-Slreet Program and I agree:
I am participating and am under direction of my Group and will abide by the
terms and conditions of my Groups Letter of Intent and the City of Sebastian and
Keep Indian River Beautiful.
I further agree that, in consideration for the City of Sebastian's disposal of litter
collected in this cleanup, I, including anyone authorized to act on my behalf, will
save and hold harmless, protect and defend, The City of Sebastian and Keep
Indian River Beautiful, its agents, employees and officials from liability for
damages or injury resulting from my participation in this program.
Si~re Date
Event #1
Event ~2
Event #3
Event
KEEP INDIAN RIVER BEAUTIFUL
FACT SHEET FOR 711/03-6/30/04
Litter, Cleanups o:o 2,371 volunteers
· :. 8,680 volunteer hours
· :o 37,971 (over 18 tons) of garbage picked up
Beautification, Projects
o~. 1,127 volunteers
· :. 3,971 volunteer hours
Litt~on & Rec clin Education
Presentations/exhibits/recycling contests at 74 schools, festivals,
meetings, special events, and Dodger games to spread the word
about litter prevention and recycling to 49,954 people of all ages
3Rs Center -- Reusable Resource Recovery, Center · :. 479 volunteers
· ~. 2,072 volunteer hours
· :. 11,042 lbs of reusable material weighed in
o:- 11,341 lbs of reusable material weighed out
· :o Reusable materials disbursed to 797 teachers to benefit 30,189
students and to senior centers, churches, and camps to benefit 459
other residents
TOTAL VOLUNTEERS FOR YEAR:
TOTAL VOLUNTEER HOURS:
3,977
14,723
Keep Indian River Beautiful receives $30,600 annually in County
Funds to operate the 3Rs Center. The County receives a ratio of $9.32
per $1 in benefits as a remm on its investment.
COMMERCIAL LEASE AGREEMENT
[building space only - Month to Month]
and between the ~ , a municipal corporation
organized and existing under the laws of the State of Florida,
whose mailing address is . acl~,~ Florida ~
~ ("LANDLORD"); and KEEP INDIAN RIVER BEAUTIPu~., INC., whose
mailing address is P.O. Box 973, Veto Beach, FL 32960 and whose
principal place of business is I'~OOg~"n ~%ee~?
In consideration of the mutual covenants contained herein,
LANDLORD and TENANT agree as follows:
1. LEA~ED PROPERTY.
LA~NDLORD hereby demises and leases to ~, and TENA/qT hereby
hires, rents, and leases from LANDLORD, real property located at
the Old Public Works Complex, 1700 27=" Street, Veto Beach, Indian
River County, Florida. The leased property consists of 1,080
square feet of building space and is more particularly described in
Attachment A-1 and Attachment A-2 are made a part hereof and
incorporated into the Lease by this reference.
2. TERM & TERMINATION.
(a) The term of this Lease shall be month to ~h~
cOmmencing on June 1, 1999.
sixtF r (60)
(b) Either party may terminate this Lease upon
days prior written notice.
3. RENT~ RENT ADJUSTMENT;
(a) TENANT shall pay
FIXTURES & IMPROVEMENTS.
to LANDLORD, in lawful money of
the
plus
and
B Lease and entitled
are incorporated into and made a part of
the conditions, amendments, and removal
B as set forth herein).
"Standard Lease
this Lease
of certain
Attachment to this
Provisions,"
(subject to
provisions of Attachment
The standard lease provisions for tenants, set forth in
United States, a monthly rent of one dollar ($1.00) per month,
all applicable federal, state and local taxes, fees,
assessments accruing during the month. Rent shall be due on the
first day of each month. Failure to pay the monthly rent in full
by the tenth day of each month shall result in the assessment of a
late charge of five percent (5%) of the amount then owing or
$50.00, whichever is greater.
(b) Upon the termination of the Lease, ownership interest in
all structures and improvements (fixtures) made by TENANT shall
vest in LANDLORD. These fixtures shall consist of any structures
built and improvements made by TENANT upon the Leased Premises,
including all alterations, changes, and additions, except TENANT's
unaffixed personal property.
4. STANDARD PROVISIONS.
(a)
(b) The premises are leased unfurnished. T~ANT shall
provide and pay for any and all telephone connections, all utility
connections, and all charges against the operation thereof.
(c) Section 14 of Attachment B shall not apply to this Lease.
Under no circumstances shall the lease interest be mortgaged by
TENANT.
(d) Section 9 of Attachment B is amended as follows:
LANDLORD shall be responsible for the maintenance and any necessa~
repairs to the exterior of the structure, including the roof, and
the plumbing and electrical utilities up to the point of entry into
the Leased Premises. TENANT shall be responsible for all
maintenance, replacement and renewal to the interior of the
structure. ~
(e) Section 6 of Attachment B is amended as follows: ~ENANT~
shall not be required to obtain casualty insurance protecting the
Leased Premises from damage or loss due to fire, windstorm, etc.
LANDLORD shall provide such coverage for the Leased Premises at no
cost to TENANT. Section 6 of Attachment B is further amended, if
TENANT:
(1) limits use of the premises to the storage of
materials;
If (1)
public
(2) employs no persons at the premises, and;
(3) conducts no commercial operations on the premises.
(3) are all applicable, TENANT shall be required to obtain
liability insurance only in the following amounts: ~
$300,000.00 per occurrence for personal injury and $300,000.00 for
property damage.
5. SPECIAL PROVISIONS.
To the extent that any of the following Special Provisions is in
conflict with any other provision of this Lease, the Special
Provision shall govern. If no Special Provisions apply, it shall
state "None" in section 5(a), below and sections 5(b)-(c) shall be
blank.
(a) Section l(a) and (b) of Attachment B shall not apply to
this lease. The rent shall not be adjusted annually. In addition,
as this Lease does not provide for an option to renew, the rental
adjustment provided for in Section l(b) of Attachment B shall not
apply to this Lease.
6. INTEGRATION; AMENDMENTS.
(a) This written Lease Agreement and Attachments A-I, A-2 and
B contain the entire Agreement of the undertakings by and between
the parties hereto relative to the leasing of the premises. No
prior or present agreements, representations, statements, or
promises, whether oral or written, made by any party or agent of
any party hereto which is not contained herein shall be binding or
valid.
(b) No provision of this written Lease or Attachments A and
B may be amended, extended or modified except by written instrument
executed by all parties to this Lease.
IN WITNESS W~EREOF, we the LANDLORD and TENANT, have hereunto
affixed our hands and seals.
LANDLORD - CITY OF VERO BEACH
{This section to be completed by Landlord only.)
ATTEST:
LANDLORD:
Print:
Title: City Ci~
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Sign:
Print:
Title:
Mayor
The foregoing instrument was acknowledged before me this }~
day of /~ , 19g~, by ~r~,P~o_~Sj~~ , as Mayor,
and attested~by -7~ ~ H, ~c~ ' , as City Clerk of the
City of Vero Beach, Florida. They are both known to me and did not
take an oath.
NOTARY PUBLIC
Si~n:
Print:
State of Florida at Large
Commission No.
My Commission Expires:
[SEAL]
TENANT -
{This section to be completed by Tenant only.)
WITNESSED BY:
TENANT:
Print: .._~~_ ~ . ~-~--~J~ Print = Dennis I. ~reene
Title: President
Sign: Sign:
Print: Print:
Title:
[AFFIX CORPORATE SEA3~ ~RE]
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument ~a~ ack~owledqed before me this
day of ~q _,, lg~, b~k~'L ~.~-~e~ , ~s
on behalf of the corporation. They are personally known to me or
produced as identification and
did/did not take an oath.
NOTARY PUBLIC:
Commission No.:
My Commission Expires:
6
CITY MANAGEMENT
(Thissectiontobecompletedby City ManagementStaff only.)
Approved as to form
and legal sufficiency:
City At~6~ey
Approved as to technical
requirements:
General Maintenance &
Solid Waste Services Director
Approved as to technical
requirements:
Mana ger.-~,k~_~
This instrument prepared
in the office of the
City Attorney
P.O. Box 1389
Vero Beach, FL 32961-1389
7
A~tachment "A"-i
Ii
17,4
LEASE PROPERTY
,~OUNDAR?_S
SHARED ACCESS
BOUNDARIES
,~PP
//
j? il
//
/,/
ATTACHMENT B
STANDARD LEASE PROVISIONS
ATTACHMENT B
STANDARD LEASE PROVISIONS
Table of Contents
A:~ATTBTOC,
2
3
4
5
9
10 . Remedies .................................................
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Rental Adjustment ........................................
Assignment ...............................................
Alterations ..............................................
Landlord's Liability Limitation ..........................
Indemnification ..........................................
Insurance ................................................
Use of Leased Premises; Restrictions on Use ..............
Construction of Improvements .............................
Responsibility for and Maintenance of Leased Premises ....
Termination ..............................................
Holdover Tenancy .........................................
Accord and Satisfaction/Waiver ...........................
Mortgaging the Leasehold .................................
1
2
2
3
4
4
6
8
9
10
15
16
17
17
Environmental Provisions ................................. 19
Payment and Performance Bonds ............................ 22
Notices .................................................. 23
Real Estate Commission ................................... 23
Entry of Landlord ........................................ 23
Construction ............................................. 24
Litigation ............................................... 25
Miscellaneous Provisions ................................. 27
ATTACHMENT B
STANDARD LEASE PROVISIONS
1. RENTAL AD JUS~MENT:
(a) Annual rental adjustment: Beginning on October 1st of
the year in which the Lease is executed, and annually on each
October 1st thereafter, including any option for renewal exercised
under the Lease, the rent shall be adjusted in accordance with the
percentage change in the index known at the time the Lease is
executed as the "United States Bureau of Labor Statistics Consumer
Price Index (CPI) for All Urban Consumers," using the July to July
report. This adjustment shall be referred to as "the CPI
adjustment." If the CPI ceases to be published, the successor
index shall be used. In no event shall the rental rate be
than the rental rate set for the first year of this Lease.
When
the Leased Premises includes land plus building space, the
"building space" portion of the rent shall not be subject to the
annual CPI adjustment.
(b) Option to renew rental adjustment: If TENANT exercises
the option to renew, if applicable, in addition to Paragraph (a)
above, TENANT's rent shall be adjusted based upon the appraised
value, capitalized at the rate of ten percent (10%) per year, of
all structures and improvements (fixtures) that have reverted to
LAA!DLORD's ownership at the expiration of the initial term. These
fixtures shall consist of any structures built and improvements
made by TENANT upon the Leased Premises during the initial term,
including all alterations, changes, and additions, except TENANT,s
unaffixed personal property. Ownership interest in any such
structures and improvements shall vest in LANDLORD at the
expiration of the initial term of this Lease. The appraisal shall
a certified appraiser agreed to by LANDLORD and
be performed by
TENANT.
2. ASSIGNMENT:
TENANT shall not, either directly or indirectly
by any means, assign, sublease, hypothecate or transfer the Lease
or any interest therein, or any portion of the Leased Premises,
including any improvements thereon, without the express written
consent of the LANDLORD. LANDLORD shall not unreasonably withhold
consent. In no event shall the granting of consent to one or more
assignments, subleases, hypothecation or transfers constitute a
waiver of LANDLORD's right to refuse consent as to subsequent
assignments, sublease, hypothecation or transfers. Stock transfers
or asset transfers
individuals
transfer" of the
the LANDLORD.
3. ALTERATIONS=
which change the management or policy making
of the corporation shall be considered an "indirect
Lease, requiring the express written consent of
TENANT shall not make any alterations, changes,
additions or improvements to the Leased Premises without the
express written consent of the LANDLORD. If, because of any act or
omission of the TENANT, his successors or assigns, any mechanics,
materialmen, laborers or other liens or other order for payment of
money shall be filed against the Leased Premises, or any part
thereof, or against the LANDLORD, then the TENANT shall, at
TENANT's own cost and expense, cause the same to be cancelled and
discharged of record, and further shall indemnify and hold harmless
the LANDLORD from and against any and all costs, expenses, claims,
losses or damages, including reasonable attorney's fees, resulting
therefrom or by reason thereof.
4. LANDLORD'S LIABILITY LIMITATION:
(a) TENANT represents that TENANT has inspected the Leased
Premises, any improvements located thereon, and the roadways and
any other means of ingress and egress from the Leased Premises.
TENANT accepts the condition of the Leased Premises and fully
assumes all risks incidental to the use of the City Property, the
roadways, and the Leased Premises. LANDLORD shall not be liable to
TENANT's agents, employees, visitors, guests or invitees from any
cause or condition whatsoever. LANDLORD makes no warranty of the
suitability of the Leased Premises for the use contemplated herein.
{b) LANDLORD shall not be liable to TENANT for any claim for
compensation or any losses, damages or injuries sustained by TENANT
resulting from failure of any water supply, heat or electrical
current, whether on the surface or underground, including
stability, moving, shifting, settlement or displacement of
materials by fire, water, windstorm, tornado, act or state of war,
civilian commotion or riot, or any other cause beyond the control
of LANDLORD.
3
5. IlqD~qI F I CATIOI~:
LANDLORD of and from,
TENANT agrees to indemnify and hold harmless
any and all actions, claims, losses, and
litigation including all costs and attorney's fees, arising out of
or connected with TENANT's occupancy or use of the Leased Premises,
except with respect to any conditions which are in LANDLORD,s sole
control, or which are caused by LANDLORD's negligent or willful
acts. TENANT further agrees to hold LANDLORD harmless for the loss
of, or damage or destruction to, any property stored within the
Leased Premises. Unless explicitly provided herein, no provision
of this Attachment B or any other Lease provision shall abridge,
restrict or otherwise modify TENANT's obligation to indemnify and
hold harmless LANDLORD as provided herein.
6. INSURANCE:
(a) The TENANT shall procure, maintain and pay for a
Commercial General Liability insurance policy providing coverage
which protects the LANDLORD, the LAiqDLORD,s employees, officers and
agents, and TENANT, from claims arising from bodily injury,
property damage, operations, premises and fire legal liability.
This insurance policy shall have a combined single limit of not
less than $1,000,000.00. Coverage must be afforded on a form no
more restrictive than the latest edition of the Commercial General
Liability policy filed by the Insurance Services Office. The
LANDLORD shall be named as an "additional insured" under said
policy. TENAIFF shall insure that LANDLORD is provided a minimum of
thirty (30) days notice of any policy change or amendment,
including cancellation.
applicable to the City as
TENANT's insurance,
an additional insured,
including that
shall apply on a
primary basis and any other insurance maintained by the City shall
be in excess of and shall not contribute with TENANT's insurance.
(b) TENANT shall provide, maintain and pay for a property
insurance policy providing coverage for the demised premises of
which any buildings are a part, including any improvements and
betterments which may be insurable as part of the realty. Said
property insurance shall cover the improvements and betterments
from loss due to fire, windstorm, flood and any other peril
included in the broadest available standard form of extended
coverage. Coverage shall be in an amount sufficient to meet the
co-insurance requirements of the policies, but not less than the
full insurable value thereof. Deductibles for all perils shall not
be greater than $1,000.00. The policy shall be endorsed to make
any loss payments payable jointly to the LANDLORD and TENANT for
losses covered under such policies. TENANT shall have the right to
use the proceeds of any such policy in the event of loss to repair
or replace the damaged or destroyed buildings, improvements,
betterments and equipment; otherwise, the entire proceeds of such
policy shall become payable to LANDLORD.
(c) All insurance required by this Section shall be with a
company having an A.M. Best rating of A+ Class X, and be
satisfactory to the LANDLORD. TENANT shall provide LANDLORD with
certificates of insurance stating that the required coverages are
in force within ten (10) days after execution of the Lease, and
annually thereafter. TENANT shall supply proof of insurance
subject to all requirements of this Section to LANDLORD for any
LkNDLORD-approved subleases at the inception of the sublease and
annually thereafter as long as the sublease remains in effect.
(d) LANDLORD shall have the right to periodically review the
adequacy of the required insurance and amend the insurance
requirements of this section. Factors which may be considered
include but are not limited to changes in generally accepted
insurance industry standards and practices, changes in TENANT'S use
of the premises, measurable changes in local and national economic
indicators and changes in City policies and procedures.
7. USE OF LEASED PREMISES; RESTRICTIONS ON USE:
(a) TENANT agrees to observe and obey all laws, ordinances,
rules and regulations promulgated and enforced by LANDLORD and by
any other proper authority having jurisdiction over the conduct of
operations at the City Property, and all further revisions or
amendments thereto. Further, TENANT agrees that TENANT shall not
occupy or use or permit or suffer the Leased Premises or any part
thereof, to be occupied or used for any unlawful or illegal
business or purpose, nor in such manner as to constitute a nuisance
of any kind, nor for any purpose or in any way in violation of any
present or future laws, rules, requirements, orders, ordinances,
regulations of the United States of America, or of the State,
6
County, or City
agencies.
(b) TENANT
government, or their administrative boards or
expressly agrees for TEN~/~T and TENA/~T's
successors and assigns, to prevent any use of the herein described
Leased Premises which would interfere with or adversely affect the
operations or maintenance of the City Property, or otherwise
constitute an City Property hazard.
(c) TENkNT shall have the right to use the Leased Premises
for any use permitted in the zoning district in which the property
is located, and in conformance with an approved site plan or minor
change of use application, as may be appropriate, subject to
applicable laws and ordinances.
(d) TENANT expressly agrees for TENANT and TENANT's
successors and assigns, that temporary structures shall not be
allowed on the Leased Premises without the written permission of
the City Manager and the proper permitting by the City of Vero
Beach Planning Department. Any structure that is not permanently
attached to a poured concrete foundation shall be considered a
temporary structure.
8. CONSTRUCTION OF
(a) Where the Special Provisions section of the Lease
Agreement requires site plan application, TESIAIFT shall submit a
complete site plan application to the City of Veto Beach Planning
Department within one hundred fifty (150) days of the approval of
tke Lease, and shall diligently pursue site plan approval.
7
(1) If the Planning and Zoning Board rejects the site
plan, TENANT shall either appeal the Board's rejection to the City
Council or submit an amended site plan application within thirty
(30) days of notice of such rejection.
(2) If the Planning and Zoning Board approves the site
plan, TENANT shall complete construction within twenty-four (24)
months thereafter.
(b) Notwithstanding subsection (a) above, if TENANT fails to
receive site plan approval within eighteen (18) months after the
effective date of the Lease, LANDLORD may elect to terminate the
Lease. If LANDLORD elects to terminate the Lease due to TENANT's
failure to obtain site plan approval:
(1) LANDLORD shall have the right to immediately reenter
and take possession of the Leased Premises; and
(2) All title to and interest in any structures built
and improvements made by TENANT upon the Leased Premises shall
vest in LANDLORD.
(c) If the project intended for construction on the Leased
Premises is a phased project, all construction and phasing shall be
in accordance with the applicable laws and ordinances relating to
such construction.
9. RESPONSIBILITY FOR ARD MAINTENANCE OF LEASED PREMISES:
(a) TENANT covenants that LANDLORD shall have no
responsibility for the maintenance of the Leased Premises,
including any improvements thereon, and that TENANT shall, at
TENANT' s
out:
own expense, keep in good order and repair, inside and
and all
buildings; and
(2) all
including, but
structural attributes, including
any building on the real property herein described,
roofs, of such
equipment located within any buildings,
not limited to, the air conditioning,
machinery, plumbing, wiring, pipes, gas, steam and electrical
fittings, and all other equipment. TENANT further agrees,
from time to time, to make renewals and replacements of such
equipment so that, at all time, any building and its equipment
will be in thoroughly good condition, order and repair. The
replacements and renewals made by TENANT shall be first class
and modern in character and efficiency, of a quality at least
equal to the original equipment and sufficient for the same
service.
(b) TENANT shall keep the Leased Premises clean, shall
dispose of all debris and other waste matter which may accumulate,
and shall provide metal containers, with proper covers, for waste
within the building or buildings to be erected on said premises.
(c) TENANT shall maintain the grounds, landscaping and
parking areas in keeping with the same standards under which the
City of Vero Beach maintains the City Property grounds, landscaping
and parking areas.
10. Pd~4~DIES: The LANDLORD,s remedies contained in this Lease are
in addition to the rights of the LANDLORD under Florida statutes
governing nonresidential landlord-tenant relationships and to all
other remedies available at law or in equity to the LANDLORD.
(a) Remedies for Nonpayment of Rent or Additional Payments.
The LANDLORD has the same remedies for the TENANT,s failure to pay
rent as for the TENANT's failure to make any other payments
required herein.
(b) Abandonment of Premises or Delinquency in Rent. If the
TENANT abandons or vacates the Leased Premises before the end of
the Lease term, or if the TENANT is in arrears in rent payments,
the LANDLORD may cancel this Lease. On cancellation, the LANDLORD
is entitled to enter the Leased Premises as the TENkNT's agent,
whether by force or other means, to relet the Leased Premises. The
LANDLORD will incur no liability for the entry. As the TENANT's
agent, the LANDLORD may relet the Leased Premises with or without
any furniture or personal property that may be in it, and the
reletting may be made at such price, on such terms, and for such
duration as the LANDLORD determines and for which the LANDLORD
receives rent. The LANDLORD shall apply any rent received from the
reletting to the payment of rent due under this Lease. If after
deducting the expenses of reletting the premises, the LANDLORD does
not realize the full rental provided under this Lease, the TENANT
shall pay any deficiency.
10
(c) Dispossession on Default. If the TENANT defaults in the
performance of any covenant or condition of this Lease, including
the TENANT's responsibility for maintenance more fully set forth
under Paragraph 9, the LANDLORD may give the TENA~NT written notice
of that default. If the TENANT fails to cure a default in the
payment of rent or additional rent within three days or fails to
cure any other default within ten days after written notice is
given, the LANDLORD may terminate this Lease. Termination of this
Lease may occur only after the L~/gDLORD Gives not less than three
days' advance written notice to the TENANT. On the date specified
in the notice, the term of this Lease will end, and the TENANT will
quit the Leased Premises and surrender the Leased Premises to the
LANDLORD, except that the TENANT will remain liable as provided
under this Lease. On termination of the Lease, the LANDLORD may
reenter the Leased Premises without notice and by force or
otherwise to dispossess the TENANT, any legal representative of the
TENANT, or any other occupant of the Leased Premises. The LANDLORD
may retake possession through summary proceedings or otherwise, and
the LANDLORD will then hold the Leased Premises as if this Lease
had not been made. The TENANT waives TENANT's right to receive
notice of LANDLORD's intention to reenter and/or institute legal
proceedings for repossession of the Leased Premises.
(d) Damages on Default. If the LANDLORD retakes possession
under Paragraph 10(b), the LANDLORD has the followinG rights:
11
(1) The LANDLORD is entitled to the rent and any
additional amounts that are due and unpaid, and those payments
will become due immediately, and will be paid up to the time
of the reentry, dispossession, or expiration, plus any
expenses that the L~NDLORD incurs for legal expenses,
attorneys' fees, brokerage costs, returning the Leased
Premises to good order, and preparing the Leased Premises for
re-rental, plus interest on rent and additional rent then due
at the maximum interest rate permitted by law.
(2) The LANDLORD is entitled to relet all or any part of
the Leased Premises in the LANDLORD's name or otherwise, for
any duration, on any terms, including but not limited to any
provisions for concessions or free rent, or for any amount of
rent that is higher than that in the subject Lease.
(3) The LANDLORD is entitled to liquidated damages to be
paid in accordance with Paragraph 10(e) by the TENANT or the
TENANT's legal representative.
(e) Liquidated Damages on Default. If the LANDLORD is
entitled to liquidated damages under Paragraph 10(d), the TENANT
shall pay such damages in installments on the day rent is payable.
The amount of liquidated damages will be computed as follows:
(I) The deficiency between the rent paid and any net
amount of the rents still to be collected under this Lease or
any renewal of this Lease for each month of the remaining
Lease or renewal term, plus
12
(2) The expenses that the LANDLORD incurs in connection
with reletting, such as legal expenses, court costs,
attorneys' fees, including those at trial and appellate
levels, brokerage costs, advertising expenses, maintenance
costs for keeping the Leased Premises in good order,
of preparing Premises for reletting.
The LANDLORD's failure or refusal to relet
Leased Premises will not release or affect
and costs
all or any part of the
the TENANT's liability
for damages. In computing the liquidated damages, any expenses the
LANDLORD incurs shall be added to the deficiency. Any suit that
the LANDLORD brings to collect the amount of the deficiency for any
month shall not prejudice in any way the LANDLORD's rights to
collect the deficiency for any subsequent month by a similar
proceeding. In putting the Leased Premises in good order or in
preparing it for re-rental, the LANDLORD may alter, repair,
replace, or decorate any part of the Leased Premises in any way
that the LANDLORD considers advisable and necessary to relet the
Leased Premises. The LANDLORD'S alteration, repair, replacement,
or decoration will not release the TENANT from liability under this
Lease. The LANDLORD is not liable in any way for failure to relet
the Leased Premises, or if the Leased Premises are relet, for
failure to collect the rent under that reletting. The TENANT will
not receive any excess of the net rents collected from reletting
over the sums payable by the TENANT to the LANDLORD under this
Paragraph.
13
(f) Bankruptcy or Insolvency. If the TENANT becomes
insolvent or if bankruptcy proceedings are begun by or against the
TENANT before the end of the Lease term, the LANDLORD may
immediately cancel this Lease as if the TENANT had defaulted.
Without affecting the LANDLORD's rights under this Lease, the
LAlqDLORD may accept rent from a receiver, trustee, or other
judicial officer who holds the property in a fiduciary capacity.
No receiver, trustee, or other judicial officer is entitled to
receive any right, title, or interest in or to the Leased Premises
under this paragraph. For purposes herein, TENA/~T shall be
considered "insolvent" if:
(1) TENANT shall file in any court, or there shall be
filed by or against TENANT in any court pursuant to any
statute, either of the United States or any state, an
adjudication in bankruptcy or insolvency or for
reorganization, or for the appointment of a Receiver of
TENAI~T's property, or if TENANT shall dissolve or commence any
action or proceeding for dissolution or liquidation;
(2) TENANT's property shall be taken by any governmental
officer or agent pursuant to statutory authority for the
dissolution or liquidation of TENANT;
(3) TENANT shall make an assignment for the benefit of
creditors; or
14
(4) TENANT shall be adjudicated a bankrupt, or a
receiver or trustee shall be appointed for the liquidation or
reorganization of TENANT.
11. TEP_MINATION: At the expiration of this Lease or earlier
termination hereof, TENANT shall peaceably and quietly leave,
surrender and deliver to LANDLORD the Leased Premises broom-clean,
together with any building and improvements, including all
alterations, changes, or additions which may have been made upon
the Leased Premises, except any unaffixed personal property put in
at the expense of TENANT, in thorough repair and good order and
safe condition. TENANT shall remove all of TENANT's unaffixed
personal property from the Leased Premises upon termination. If
TENANT fails to remove TENANT's unaffixed personal property within
fifteen (15) days after LANDLORD's written notice to TENANT, such
property shall be deemed to have been abandoned. LANDLORD may
appropriate, sell, store, destroy or otherwise dispose of any
abandoned property without notice to TENANT and without obligation
to account therefor. Further, TENANT shall pay to LANDLORD the
cost LANDLORD incurs in removing, selling, storing, destroying and
disposing of such abandoned property.
12. HOLDOVER TENANCY:
Leased Premises after
reason:
If the TENANT remains in possession of the
the Lease expires or terminates for any
(a) TENANT will be deemed to be occupying the Leased Premises
as a TENANT from month-to-month at the sufferance of the LANDLORD.
15
The TENANT will be subject to all of the provisions of this Lease,
except that, at the LANDLORD's discretion, the base rent will be at
a monthly rate equal to twice the amount of a single monthly
installment of fixed rent at the rate in effect for the last month
of the term of this Lease;
(b) TENANT shall reimburse LANDLORD for any additional
damages which LANDLORD suffers by reason of TENANT's continued
occupancy; and
(c) TENANT shall indemnify LANDLORD from and againqt all
claims made by any succeeding tenant insofar as such delay is
occasioned by TENANT's failure to surrender the Leased Premises.
For purposes of this Section, "Base Rent" shall be that portion of
the rent based on a square footage rate, as adjusted by the CPI.
13. ACCORD AND SATISFACTION/WAIVER:
(a) If the TENANT pays or the LANDLORD receives any amount
that is less than the amount stipulated to be paid under any Lease
provision, that payment is considered to be made only on account of
an earlier payment of that stipulated amount. No endorsement or
statement on any check or letter may be deemed an accord and
satisfaction. The LANDLORD may accept any check or payment without
prejudice to the LANDLORD's right to recover the balance due or to
pursue any other available remedy.
(b) Any default in the payment of the fixed or additional
rent or other charges, or any failure of LANDLORD to enforce the
provisions of the Lease upon any default by TENANT, shall not be
16
construed as creating a custom of deferrin9 payment or as modifying
in any way the terms of the Lease, or as a waiver of LANDLORD's
right to terminate the Lease
enforce the provisions hereof
14. MORTGAGING T~u~LEASEHOLD:
as herein provided, or otherwise to
for any subsequent default.
Unless specifically excluded under
the Standard or Special Provisions of the Lease, and unless TENANT
is in default under the terms of the Lease, the provisions of this
section shall apply. If TENANT mortgages the leasehold estate, and
if the holder of the mortgage (hereinafter the "Mortgagee"), within
thirty (30) days of its execution, delivers to LANDLORD a true copy
of the mortgage and all pertinent documents related thereto,
together with written notice specifying the name and address of the
Mortgagee and the pertinent recording data with respect to the
mortgage, then as long as any such leasehold mortgage shall remain
unsatisfied of record or until written notice of satisfaction is
given by the holder to LANDLORD, the following provisions shall
apply:
(a) Upon serving TENANT with any notice of default pursuant
to Paragraph 10, LANDLORD shall simultaneously mail or otherwise
deliver a copy of the notice to the Mortgagee. If TENANT fails to
cure the default(s) within the time stated in the notice of
default, LANDLORD shall deliver to Mortgagee an additional notice
so stating. Mortgagee shall have thirty (30) days from the date of
the additional notice to remedy or cause to have remedied the
default(s) listed on the notice of default, and LANDLORD shall
17
accept the remedy by or at
performed by TENANT.
to the Mortgagee
default(s).
the instigation of the Mortgagee as if
TENANT shall cooperate fully in giving notice
and otherwise assisting in correcting any
(b) LANDLORD agrees that the name of the Mortgagee may be
added to the "Loss Payable Endorsement" of any insurance policies
required by the Lease to be carried by TENANT on condition that the
insurance proceeds are to be applied strictly in the manner
specified in the Lease and any mortgage and all collateral
document(s) shall so provide. Any expense resulting thereby shall
be the TENANT's responsibility.
TENANT shall also have the right from time to time during
(c)
the term of the
mortgage on the
TENANT's interest
Lease to place any substitute or additional
leasehold estate created by the Lease and on
in the leasehold estate; provided, however, that
such
all such mortgages shall be subordinate to the Lease and no
initial term or the option term,
further, that LANDLORD shall have
TENANT's request to place the
mortgage shall extend beyond the
if any, then in effect; provided,
the right to approve or deny
additional or substitute mortgage on the leasehold estate.
LANDLORD shall not unreasonably withhold such approval.
15. ENVIRONMENTAL PROVISIONS:
(a) Subject to any limitations in federal or state law, the
LANDLORD agrees that the TENANT shall have no liability for, and
provided the TENANT demonstrates that an event was a pre-occupancy
18
event for which TENANT is not liable hereunder, that the LANDLORD
will hold the TENANT harmless from, all costs and expenses
associated with any environmental contamination of the Leased
Premises arising out of a pre-occupancy event which was not caused
by the TENANT.
(b) Notwithstanding the foregoing, the TENANT shall be solely
responsible for all such costs and expenses which arise out of
environmental contamination for which LANDLORD may be held liable
caused by the TENANT, the TENANT's agents, employees, contractors,
or invitees during any prior or current tenancy or occupancy of the
Leased Premises or any portion thereof.
(c) The parties' responsibilities, obligations, and
liabilities pursuant to this Lease shall survive the expiration or
early termination of this Lease.
(d) Nothing in this Lease shall be deemed to be a waiver of
the LANDLORD's right to take action against responsible parties for
remediation of or payment for environmental contamination on the
Leased Premises, nor be deemed to be an assumption by the LANDLORD
of the responsibility for such remediation or payment, except as
may be imposed on the LANDLORD as a matter of law.
(e) The TENANT acknowledges that remediation steps taken to
correct any environmental contamination may extend over a number of
years and may cause inconvenience and business interruption to the
TENANT. The LANDLORD shall not be liable to the TENANT in any
manner for such inconvenience and disruption, but will exercise
19
reasonable
possible.
efforts to minimize them to the extent reasonably
(f) Except as properly permitted under federal, state and
local laws, rules and regulations, TENANT shall not conduct nor
permit or authorize to any other person, the generation, storage,
treatment, or disposal of any hazardous materials (as defined under
federal, state, and local environmental laws), on or in any
location that might adversely affect or contaminate the Leased
Premises. This paragraph (f) shall not apply to properly permitted
storage, if any, allowed under the terms of this Lease.
(g) The TENANT shall store, utilize and dispose of all
industrial, domestic, hazardous, and solid wastes permitted under
the terms of this Lease in accordance with applicable federal,
state, and local laws, rules, and regulations.
(h) TENANT shall promptly provide LANDLORD written notice of
any spill or release of hazardous materials at or from the Leased
Premises.
(i) TENANT shall not install or utilize any irrigation wells
on the Leased Premises.
(j) In the event that any environmental condition or any
hazardous materials prohibited by or actionable under applicable
law should now or hereafter arise from, contaminate, or be located
on the Leased Premises (regardless of the source of such condition
or materials), except for pre-occupancy events as further described
in Paragraph (a), above, TENANT hereby agrees, at its expense, to
20
forthwith (1) remove said materials from the Leased Premises; (2)
comply with any and all orders or directives of any federal, state,
or local agency or department relative thereof; and (3) return the
Leased Premises to proper condition without any diminution in the
value thereof.
(k) As used herein, "pre-occupancy event" shall mean any
condition, occurrence, or event, including, but not limited to, a
spill, the storage, disposal, or use of a hazardous material or
waste as defined by federal, state or local law, ordinance, rule or
regulation, prior to the commencement date hereof, whether or not
the existence of the occurrence of the effects of which are known
or evident upon or in the Leased Premises upon the commencement
date or occurred on or off the Leased Premises. If any plume or
contamination is determined to be or have been ongoing or
continuous, but which began prior to the commencement date, the
same shall be deemed to be pre-occupancy event.
(1) Failure of TENANT to comply with the obligations of this
section shall constitute a default under the Lease.
16. PAYMENT ARD PERFORMANCE BONDS:
(a) TENANT shall obtain and provide LANDLORD a copy of a
payment and performance bond for any construction project TENANT
undertakes on the Leased Premises, the cost of which exceeds
$t0,000.00. Such bonds shall be in an amount equal to one hundred
percent (100%) of the estimated construction costs. TENANT may
substitute for a Bond required by LANDLORD, an Irrevocable Letter
21
of Credit from a bank authorized to do business in the State of
Florida, which shall remain in effect through completion of said
construction project.
(b) LANDLORD shall deduct the actual costs of the Bonds, or
letter of credit required above, from TENANT's monthly rent for as
many months as is necessary to reimburse TENANT for the costs of
the Bonds or Letter of Credit; provided, however, that in no event
shall TEN~/Tr'S total reimbursement through rent reduction be more
than two percent (2%) of the estimated construction costs.
(c) TENANT shall provide LANDLORD a Contractor's Affidavit,
stating that TENANT has made final payment to all subcontractors,
before the Payment Bond or Letter of Credit may be terminated.
17. NOTICES:
Premises.
to TENANT,
shall have
Lease.
(a) LANDLORD hereby designates The Office of the City Manager
as its official representative with the full power to represent
LANDLORD in all dealings with TENANT in connection with the Leased
LANDLORD may designate by notice in writing, addressed
other representatives from time to time and such notice
the same effect as if included in the terms of the
(b) Notice to LANDLORD as herein provided shall be sufficient
if sent by registered mail, postage paid, to The Office of the City
Manager, City of Vero Beach, Post Office Box 1389, Vero Beach,
Florida 32961-1389, and notice to TENANT in the same manner shall
likewise be sufficient if addressed to TENANT at the address of the
22
Leased Premises or such other addresses as may be designated by
LANDLORD or TENANT in writing from time to time.
18. REAL ESTATE COMMISSION: LANDLORD and T~L~NT each covenant and
warrant to the other that they have not authorized any person,
firm, or corporation as a real estate agent or broker to deal on
behalf of such party with respect to the Lease. TENANT agrees to
indemnify and hold harmless LANDLORD from any claim for
remuneration, commissions or broker's fees arising out of this
transaction and Lease.
19. ENTRY OF LANDLORD: LANDLORD may enter the Leased Premises for
the following purposes:
(a) To inspect or protect the Leased Premises;
(b) To determine whether TENANT is complying with the
applicable laws, orders or regulations of any lawful authority
having jurisdiction over the Leased Premises or any business
conducted therein; or
(c) To exhibit the Leased Premises to any prospective tenant
when TENANT is in default of the Lease or has notified LANDLORD of
intention to terminate the Lease or during the last six (6) months
of the term of the Lease.
No authorized entry by LANDLORD shall constitute an eviction
of TENANT or deprivation of TENANT's rights under the Lease; nor
shall such entry alter LANDLORD's obligations hereunder or create
any right in LANDLORD adverse to TENANT's interest hereunder.
23
20. CONSTRUCTION:
(a) The Lease shall be governed by and construed in
accordance with the laws of, or applicable to, the State of
Florida.
21. LITIGATION:
(a) TENANT irrevocably submits to the original jurisdiction
of the Indian River County Court or to the Circuit Court for the
Nineteenth Judicial Circuit of the State of Florida, whichever is
appropriate, with regard to any controversy arising out of,
relating to, or in any way concerning the execution or performance
of the Lease. Venue shall not lie in any jurisdiction other than
those referred to herein.
(b) The LANDLORD and TENANT hereby expressly waive trial by
jury in any action, proceeding or counterclaim brought by either
party against the other on any matter whatsoever arising out of or
in any way connected with this Lease, the relationship of LANDLORD
and TENANT, and TENANT's use or occupancy of the demised premises,
including, without limitation, any claim of injury or damage.
(c) The prevailing party is entitled to an award of the costs
and reasonable attorneys' fees incurred in the collection of any
delinquent rent or additional payments or in the enforcement of any
provision of this Lease. The fees and costs that may be awarded
include but are not limited to those incurred at trial and
appellate levels.
24
{d) In any distress for rent action filed by LANDLORD against
TENANT, TENANT waives all constitutional, statutory or common law
bonding requirements, including the requirements under Section
83.12, Florida Statutes, or as that provision may be amended, that
LANDLORD file a bond payable to TENANT in at least double the sum
demanded by LANDLORD. TENANT specifically agrees that no bond
shall be required in any action, and TENANT further waives the
right under Section 83.14, Florida Statutes, or as that provision
may be amended, to replevin distrained property.
(e) Prior to raising any defense to an eviction action
initiated by LANDLORD under the terms of this Lease, TENANT shall
pay into the registry of court the agcrued rent as alleged in the
complaint or as determined by the court. The failure of the TENANT
to pay into the registry of the court shall constitute an absolute
waiver of the TENANT's defenses other than payment, and shall
entitle LANDLORD to an immediate default without further notice of
hearing.
(f) TENANT shall not interpose any counterclaim of any kind
in any action or proceeding commenced by LANDLORD to recover
possession of the demised premises. The parties acknowledge that
any such counterclaim would be inconvenient to the LANDLORD and
would prejudice the rights of LANDLORD granted under this Lease.
In the event TENANT violates this provision, the parties stipulate
that any such counterclaim shall be s~vered and tried separately
from the action for eviction pursuant to Florida Rule of Civil
25
Procedure 1.270(b) or other
shall proceed pursuant to
applicable law. The eviction action
the summary procedure set forth in
Section 51.011, Florida Statutes or, if that provision is amended,
in accordance with the successor provision of law.
(g) TENANT's obligation to pay rent and other
under this Lease are covenants independent of the
obligations under this Lease.
22. MISCELLANEOUS PROVISIONS:
amounts due
LANDLORD's
(a)
TENANT agrees that no signs or advertising matter may be
of the Manager
of Vero Beach
erected on the Leased Premises without the consent
and the issuance of a sign permit by the City
Planning Department.
(b) During any period when the City Property shall be closed
by any lawful authority restricting the use of the City Property in
such a manner as to interfere with the use of same by TENANT for
its business operations, the rent shall abate and the period of
such closure shall be added to the term of the Lease so as to
extend and postpone the expiration thereof. This, however, does
not prohibit the TENANT from temporarily removing his equipment and
materials to another establishment.
(c) LANDLORD agrees to extend to TENANT the same fire and
police protection extended to the other tenants and facilities on
the City Property.
(d) Notwithstanding anything herein contained that may be or
appear to be to the contrary, it is expressly understood and agreed
26
that the rights granted under the Lease are non-exclusive and the
LANDLORD herein reserves the right to grant similar privileges to
another operator or operators on other parts of the City Property.
(e) TENANT shall pay all legal taxes, including ad valorem
and non-ad valorem taxes, impact fees, and assessments against the
Leased Premises and the buildings placed on the premises by the
TENANT accruing during the term of this Agreement or any renewal
thereof. All ad valorem and non-ad valorem taxes shall be paid to
the Tax Collector's Office on a quarterly basis. TENANT shall be
responsible for timely electing the quarterly tax payment program
with the Tax Collector's Office, and shall continue participation
during the term of this Lease, including renewal periods, if any.
TENANT shall provide LANDLORD with documentation from the County
Tax Collector's Office stating that the required election has been
made within ten (10) days after execution of the Lease, and
annually thereafter.
(f) LANDLORD reserves the right to explore, dig, drill and
construct water wells of such depth and dimension as may suit its
needs on any part of the Leased Premises with the right of ingress,
egress and regress for such exploring, digging, drilling and
construction and for laying of pipes to transport such water at
such depth and for such distance over the Leased Premises as may
be necessary. If LANDLORD exercises this right, TENANT's rent will
be reduced, based solely on the square footage of land and/or
commercial space made unavailable for TENANT's use, at the
27
applicable rates as described in the rent provisions of the Lease.
If LANDLORD exercises this right, LANDLORD shall, to the extent
possible, locate such wells in such a manner as not to disturb
TENANT's operations.
(g) The TENANT assures that it will undertake an affirmative
action program as required by 14 CFR Part 152, Subpart E, to ensure
that no person shall on the grounds of race, creed, color, national
origin, or sex be excluded on these grounds from participating in
or receiving the services or benefits of any program or activity
covered by subpart. TENANT assures that it will require that its
covered suborganizations provide assurances to the LANDLORD that
they similarly will undertake affirmative action programs and that
they will require assurances from their suborganizations, as
required by 14 CFR Part 152, Subpart E, to the same effect.
(h) TENANT expressly agrees for TENANT and TENANT's succes-
sors and assigns, that no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use
of said facilities; that in the construction of any improvements
on, over or under such land and the furnishing of services thereon,
no person on tke grounds of race, color, or national origin shall
be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination; that the TENANT and TENANT's
successors and assigns shall use the premises in compliance with
all other requirements imposed by or pursuant to Title 49, Code of
28
Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation-Effectuation
of Title IV of the Civil Rights Act of 1964, and as such regula-
tions may be amended; that in the event of breach of any of the
above nondiscrimination covenants, LANDLORD shall have the right to
terminate the Lease and to reenter and as if said Lease had never
been made or issued. The provision shall not be effective until
Code of Federal Re~ulations~ Part 21
including exercise or expiration of
the procedures of Title 49,
are followed and completed,
appeal rights.
A:~TTCHBSTAIR
This instrument prepared
in the office of the
City Attorney
P.O. Box 1389
Vero Beach, FL 32961-1389
29
To:
From:
Subject:
Date:
Cc:
Mayor McCollum and City Coun~qil Members
x~]
Sally Maio, CMC - City Clerk ~
City Council Expense Account/Travel Policy
7/1/2004
Terrence Moore, City Manager; Rich Stringer, City Attorney; Shai Francis,
Finance Director; Deputy City Clerk, Jeanette Williams; Debra Krueger,
Assistant Finance Director
Staff met recently in an effort to revise and fine tune our travel policy, which was found to
have some administrative glitches.
One of the issues that was causing some concern at the administrative level was the
City Council expense account which is set out in Section 2-34 of the Code of Ordinances
and reads as follows:
"Sec 2-34. Expenses of council members,
There shall be paid to the mayor $75.00 per month expense allowance, and
there shall be paid to each council member a $50.00 per month expense
allowance. In addition thereto, council members shall be reimbursed for their
actual and necessary travel expenses in accordance with sebtion 2-78."
Section 2-78 reads:
"Sec. 2-78. Travel policy.
A travel policy shall be adopted by resolution and updated from time to
time as necessary. All council member, charter officers and employees shall
abide by and conform to the policy and procedures adopted in the travel policy."
Additionally, Section 2-77 reads:
"Sec. 2-77. Travel authorization and reimbursement.
Pereohs shall obtain authorization to travel, except for emergencies as set
forth in the travel policy, as follows:
(a)
City Council: Council members shall obtain authorization to travel
prior to any travel at a regular city council meeting. Such
authorization shall be by majority vote of the council members in
attendance~ Appointment by the council of a member to be the
city's representative to a committee or agency shall be deemed to
be authorization to attend meetings of said committee or agency.
City Council Expense Account
Page Two
This language was adopted in 2000 by Ordinance No. O-00-01 along with companion
Resolution No. R-00-03, which established the City's Travel Policy.
Although the "expense account" was originally intended as a true account for use by City
Council members for expenses related to their position, such as envelopes, stamps,
incidental travel, etc. it was included in the Travel Policy as strictly a travel account for
incidental travel. Section 2-34 appears in a section of the Code relating to generally to
City Council and is separate from a section devoted to Travel Expenses, and the two
sections conflict. Current language relative to the expense account in the Travel Policy
reads:
XVII. Councilmember Accountable Plan- Chapter 2-34 City Code
Pursuant to Chapter 2-34, City Code of Ordinances, the Mayor shall be paid $75
and each Councllmember shall be paid $50 in advance per month for incidental
travel and meals within the vicinity of the City while on official business of the
City. The following rules shell govern these advances.
The advances to the Mayor and Council members shall be made under an
accountable plan. Advances shall be made at the beginning of each
month, unless that day shall fall on a weekend or holiday, in which case the
payment shall be made on the day immediately following the weekend or
holiday.
B. An accountable plan -
requires Councilmember to maintain a log of mileage and meals in
support of the advances.
these advances shall be routed through the City Clerk's office and
turned into Finance for audit
if no mileage or meals have been claimed, an empty log shall be
turned in to maintain continuity of the plan
failure to maintain a log or turn in a log shall be construed as no
mileage or meals and will result in immediate reimbursement of any
advances made.
Travel advances shall be on a fiscal year basis. Any portion of the
advances not used on a monthly basis shall be carried over to the next
month.
At the end of the fiscal year, a final accounting shall be made and a
determination made of any amounts due from each Councilmember. A bill
shall be prepared and delivered via mail to the Councilmember.
ff an elected official is not returned to office, a final accounting and
determination of any amounts due shall be made with respect to any
advances. Any amounts shaft be billed to the former Councilmember in
accordance with these rules.
City Council Expense Account
Page Three
Since adoption of these policies in 2000, several City Council members have opted not
to participate in the accountable plan which was not originally intended as a travel plan.
Section 2-34 does not appear to offer the opt[on of opting out. The travel policy requires
submittal of an empty Icg by members not participating and this has also not been
followed. No advances to those who have decided to opt out are made at the beginning
of each month as is required in the travel policy. In short the Code and travel policy
conflict on several points, therefore we are offering several options for you to choose.
Once decided, staff will complete the revision to the travel policy and Code and bring
back amended language at your July 28, 2004 regular meeting.
Option #1: Expense Account
Each Council member will be advanced $50 per month and the Mayor~35'per month as
set out in 2-34 for miscellaneous expenses related to the office. Incidental travel within
Indian River County can be paid with those funds and no accounting will be necessary
since it is an expense account which is automatically received and is taxable as income.
All travel beyond 25 miles if approved by Council (such as membership on a committee
or attendance at a conference or seminar) will be reimbursed in accordance with
reimbursement allowances for Class A, B, or C travel (depending on the distance).
/'~.~e will delete the section on Councilmember Accountable Plan in the Travel Policy.
Option #2: Expense Account (as an accountable travel plan) , '- ~-~
Each Council member will be advanced $50 per month and the Mayor $75 per month as
set out in 2-34 for miscetlanecus expenses related to the office. Incidental travel within
Indian River County must be accounted for on a form provided by Finance. All members
will submit a form whether used or not and any funds not used by a Councilmember will
be reimbursed to the City at the end of the fiscal year. No taxes will be paid on the
advance.
All travel beyond 25 miles if approved by Council (such as membership on a committee
or attendance at a conference or seminar) will be reimbursed in accordance with
reimbursement allowances for Class A, B, or C travel (depending on the distance).
Option #3: Repeal Expense Account
Repeal the expense account language in the code and each Council member will submit
for reimbursement of all approved travel on forms provided, i,e., form for incidental travel
to assigned meetings and forms for Class A, B and C travel, ail in accordance with
Florida Statutes and/or City Travel Policy.
The Travel Policy would need to be revised to reflect the repeal of the expense account.
We ask that you review the options provided, and direct staff accordingly. Revisions will
be provided to you on July 28, 2004 for consideration.
The Association for Retarded Citizens of Indian River County
1375 16th Avenue Veto Beach, FL 32960 772-562-6854 Fax: 772-562-6063
Request:
Consideration by the City of Sebastian to partner with the ~4ssociation for Retarded Citizens of lndian River
County Inc. (al'c) to provide services and supports to individuals with disabilities by making space avail-
able.
Background:
In the fall of 2003, we approached City Manager Terrence Moore with a request for consideration of
space for a presence in the Sebastian/North Indian River County area. We toured two buildings;
ther would have met our needs.
We submitted a proposal to the Sebastian Clambake Committee for fimds to refurbish space for our
needs.
Rationale:
The population of northern Indian River County is growing. The American Assceistion on Mental
Retardation (AAMR) reports 3 or 4 percent oftbe population with disabilities qualifies for our s~r-
vices and supports. As the population grows, the needs for services grow. The services and supports
available to individuals with disabilities is a quality of life standard.
Individuals with disabilities have an unemployment rate approaching 80%. The a/'C is committed
to developing employmem opportunities for individuals with disabilities. We have a United Way
grant to assist in developing Supported Employment and Non-residemial Habilltation/Respite sex-
vices in northern Indian River County.
Transportation is an issue. We presently provide transportation for individuals from North County
to Veto for programs. A north county location opens up possibilities for additional services and sup-
ports.
aFC has a commitment for individual independence. The aFC is working towards a cultural shif~
focusing on independence. The fu~st step for any individual becoming independent and the level of
personal independence is generally associated with having a job. We have submitted a Vendor appli-
cation to the Division of Vocational Rehabilitation to augment our job placement services.
al'C will employ and train staff from the area to achieve our goals. Staff living in the north county
area may be reassigned for the Sebastian location, Additionally, new professional and paraprofes-
sional jobs will be created.
~ A Uniled Way A~o~cy
The Association for Retarded Citizens of Indian River County
1375 16thAveana VeroBeach, FL 32960 772-562-6854 Fax: 772-562-6063
Request:
Consideration by the City of Sebastian to partner with the Association for Retarded Citizens of Indian River
County Inc. (~II'C) to provide services and supports to individuals with disabilities by making space avail-
able.
Background:
In the fall of 2003, we approached City Menager Terrenee Moore with a request for consideration of
space for a presence in the Sebastian/North Indian River County area. We toured two buildings; ei-
ther would have met our needs.
We submitted a proposal to the Sebastian Clambake Committee for funds to refurbish space for our
Rationale:
The population of northern Indian River County is growing. The American Association on Mental
Retardation (AAMR) reports 3 or 4 percent of the population with disabilities qualifies for our ser-
vices and supports. As the population grows, the needs for services grow. The services and supports
available to individuals with disabilities is a quality of life standard.
Individuals with disabilities have an unemployment rate approaching 80%. The giI'C 'ts committed
to developing employment opportunities for individuals with disabilities. We have a United Way
grant to assist in developing Supported Employment and Non-residential Habilitation/Respite sex-
vices in northmm Indian River County.
Transportation is an issue. We presently provide transportation for individuals from North County
to Vero for programs. A north county location opens up possibilities for additional services and sup-
ports.
tlI~C has a commitment for individual independence. The al'C is working towards a cultural shift
focusing on independence. The first step for any individual becoming independent and the level of
personal independence is generally associated with having a job. We have submitted a Vendor appli-
cation to the Division of Vocational Rehabilitation to augment our job placement services.
tll'C will employ and train staff from the area to achieve our goals. Staffliving in the north county
area may be reassigned for the Sebastian lncation. Additionally, new professional and paraprofes-
sional jobs will be created.
United Way Agency
~ ~ ? o
o~u~
.~'C of Indian River County
t~l~ · 29 Years of Experience--29 Years of Service Special Edition 2004
From Here to There...
and
Beyond!
In 1977 this article ran
in the Press Journal
An idea comes to
fruition and continues
to develop,~..
On Wednesday, May 25th,
1977, The Press Journal
ran a full page story aboul
the realization of the
organization fulfilling the
dream of a Sheltered Work-
shop. Many of the volun-
teers, parents, and public
figures shown are still loyal
supporters of the ARC.
From the hard work and
dedication of the many
volunteers and parents
years ago, we continue to
develop services and
supports to meet the needs
of individuals with
disabilities in our area.
In this Special Edition, we
are sharing information
about many of our present
programs.
We focus on helping people
with disabilities become as inde-
pendent as possible, choosing
where they live, work,
play, and learn.
We invite
you to
learn more
about wh~t
we do. We
are proud
roots
HOW YOU can
make a
difference!
YO .
You Can Make the Difference.
The ARC depends on gifts. Gifts come in many
forms-- time, talents, goods, services, and money.
Volunteers can share
their particular ex-
pertise and talents.
From the business that
donates furniture when
they remodel offices to
the couple that decides
to donate a vehicle
or real estate they no
longer need, the ARC
depends on these gifts.
Groups and organiza-
"Giving frees us from the
familiar territory of our
own needs by opening
our mind to the
unexplained worlds
occupied by the
needs of others."
-- Barbara Bush
tions that paint, landscape, or provide supplies--it all
matters,
Every hour of volunteer time, every piece of furni-
ture, and every free pencil means we do not have to
spend our Valuable operational dollars to fulfill our
mission.
Acts 20:35 states "£t is more blessed to give than to
receive", Many people have learned this truth. Those
who give truly gain an intrinsic feeling of self worth--
that is the ultimate reward. The mental health
principle that the best method to fight depression is
to do something good for someone demonstrates -
this concept. It is impossible to feel sorry for one's
self when doing something important for another
human in need,
We invite you to join the ARC in our endeavor to
provide services and supports for individuals with
disabilities.
We proclaim that we are "A True Treasure of Indian
River County". Our programs are integral contribu-
tors to the quality of life in this area.
We invest in people that need support.
Will you help?
1375 16th Avenue · Vero Beach, Florida 32960
772-562-6854
$ 25 Individual $250 Sustainer
$ 50 Supporter $1000 Patron
$t00 Benefactor $2000 ARC Angel
[] Please have a representative call me.
In the amount of
In memo]~ of
The ARC mission is to pro
Adult D
enclaves,
skills, her
computer
The ~
necessary
successft(
relationsh
opportuni
individual
independt
responsib:
: Residential Living where 4-
individuals live in one of four ht
in Veto Beach in a family-like a
mosphere.
* Residents have many
and social calendar activitias.
There are parties, shopping,
outings, exercise programs, etc.
· ARC residential facilities are
designed to serve a broad ranI
housing needs determined by
required for each individual tt
independent as feasible.
~ homes provide a n
full-time direct service profe~
group homes are designed to
'family style setting.
Name
Address
City ST
Zip Phone
Email
This is a tax-deductible donation and includes membership in the
Association for Retarded Citizens Florida and the Ara
Major Credit Cards accepted - call 772-562-6854 x 228
~ Make checks payable to: ARC of Indian River County
exp date ----
te services and supports to individuals with disabilities.
7raining
a,~lude
,ll~ffi~ent
~, daily living
ute, and
rig.
n'o gram
m the skills
:velop
onal
~d productive
't helps our
einfome their
md develop
Treasure Coast Community Care
(TC3) includes Suol~orted Living where
services such as shopping, medical
appointments, meal planning, cooking and
leisure activities; Supported Emplomnent
includes j ob development and j ob coaching
in an independent placement; Non-
Residential Habilitation includes activities
for individuals with d~sabilities, living in
their own or family home; Additional
Community Supports include Companion,
In-Home Supports, Personal Care
Attendant. We offer two Respite
Programs--for short periods to allow
primary care-givers/family to have an
evening out, or take care of some obliga-
tion. Longer term R6spite may
be providing relief for a weekend
or several days.
ng
5th
tls. All
:t a
Transportation is provided to individuals
with disabilities for those receiving our
services. We also provide special
transportation for individuals in wheelchairs,
attending other programs or functions, and
such programs as Special Olympics.
Would you like to make a substantial financial g/ft to the ARC without writing a check? How about a doBation with no out-of-pocket costs?
There are now ways for donors to support the ARC without ~educing or affecting their final estate!
As a 501 (c) 3 nonprofit organization, we depend on the gifts of individuals and groups to make it possible to realize our mission.
Consider ARC in your charitable giving. As a True Treasure oflndian River County , we depend on you! We need you! No gif~ is too
small. Gffis can be made in a variety of methods.
d~us for more information. Always work with your tax advisor(s) to realize optimum benefits from supporting the ARC.
Wourse, cash is always acceptable?
~ Please send quarterly newsletter
[] Please send additional info regarding ARC {mt~ntn
[] I would like mom information regarding wills, trusts or other giving plans. ~Au~t,aw,v ^~=y
l st
· New Roofs for 2 Buildings ($10,000 per bldg)
· 2 Commercial Shredders for ADT Program ($3200 each)
· New Computers for the ADT Program ($120Q each)'
· Small to,Mid-size Vehicles for TC3
· Pressure Washer
· Canvas Coverings for Outside Workshop Break Area
· Lawn Equipment
· Floor coverings in ADTP
· Horticulture Materials (Soil, Seeds & Equipment)
· Ceramic Floor Tile for Residential Homes
· Dollars for Staff Support
1375 16th Avenue · Vero Beach, Florida 32960
772-562-6854 · Fax772-562-6063
e-mail: drbaker~arcir.org