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Home My WebLink About04052006 Special CllY OF S~~~~~~ ~?:~~;~ ".. ;'/ ~~ HOME OF PELICAN ISLAND SPECIAL CITY COUNCIL MEETING AGENDA CALLED BY COUNCIL MEMBER COY WEDNESDAY, APRIL 5,2006 - 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA SUBJECT: SALE OF CAPTAIN BUTCHER PROPERTY TO INDIAN RIVER COUNTY (LAAC) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. SALE OF CAPTAIN BUTCHER PROPERTY TO INDIAN RIVER COUNTY (LAAC) 5. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA ITER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. THIS MEETING IS SCHEDULED FOR LIVE BROADCAST ON COMCAST CABLE CHANNEL 25. Jackson Street/Captain Butcher Documents 1) 7/18/06 - P & Z denied Captain Butcher Site Plan (minutes) 2) 7/24/02- Council postponed action on Developer's Agreement with Captain Butcher for Jackson Street Extension Project pending outcome of their appeal to Council for site plan denial by P & Z (minutes and backup) 3) 8/28/02- CRA meeting - consideration of Jackson St. Extension (minutes) 4) 8/28/02 - Hearing of Appeal - Planning and Zoning Commission Denial of Site Plan for Capt'n Butcher's Floodtide - denial overturned approved with addition of stop signs (minutes and backup) 5) 8/278/02 - Developer's Agreement between the City of Sebastian and Capt'n Butcher, Inc. a Florida Corporation, for Construction of the Jackson Street Extension approved (minutes and appraisal) 6) 10/9/02 - Purchase of Right-of-Way for Jackson Street in the Amount of $162,204 approved (minutes and sales contract) 7) Executed Developers Agreement 8) Warranty Deed for right-of-way wllegal, Closing Statement 9) Capital Improvements Element of CLUP 10) FY 2002-2003 Capital Improvements 11) 4/9/03 - Presentation by City Engineer Regarding Proposed Modifications to Jackson Street Extension/Captain Butcher's Site Plan - site plan to stay as is 12) 4/23/03 -reconsidered stop signs and passed a motion to take down stop signs in accordance with staff recommendation '\. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 18,2002 ~~t. Quasi-Judicial Public Hearings - Site Plan Review/Conditional Use Permit- Capt. Butchers Floodtide Marina &, Seafood -1732 Indian River Drive - Addition of Retail & Residential Development ChInn. Barrett opened the public hearing at 8:24 p.m. Mr. John King, representative for the applicant, and Randy Mosby, project engineer, were present and sworn in. Staff previously had been given oath. There were no ex-parte communication disclosures by the members. Mr. King reviewed how the project was designed in keeping with the Riverfront District Charrette Report, the extension of Jackson Street, and the proposed development. the project would be done in phases, and would be hooking up to County water & sewer. Staff iterated the City was very open to extending Jackson Street and that the construction agreement would be reviewed by City Council. The resort units of, the . proj ect required'" conditional use approval. Mr. Hass explained that in order for the City to have its street, and for the developer to. have adequate parking for his project, the design incluqedparking within the new street public ROW. The spaces would be available for publi~ use but would also be calculated towards the parking requirements for the project. The applicant wouJd also be -constructing a connecting sidewalk to U.S. #1, and lighting to match the poles on'Irldian River Drive. The proposed perimeter fencing would be modified to a berm with landscaping. Staff recommended approval with the 4 conditions listed in the staff report. Mrs. Reichert didn't like the amount of compact car spaces proposed for the site but was happy with the extension of Jackson Street. She was concerned with pedestrian safety and traffic control. Mr. King said they would work with the city on installing signs, brick paver crossings, whatever was needed for making the site pedestrian safe. Mr. Rauth questioned the'In.odification to the fencing. Mr. Hass responded that the berm and landscaping would meet the requirement of a 90% opaque buffer. Mr. King stated there were a few large oak trees on the property lines they would rather not disturb, and that most of the surrounding properties had commercial uses also - canvas shop and boat storage to the north, and a woodworking shop to the south. Mr. Rauth wanted to see some landscaping in the center of Jackson Street to break the expanse of pavement. Staff stated there was no room for landscaping in order to fit in the required parking. A variance could be given on the number of parking spaces in order to achieve more landscaping. Ms. Monier questioned if the existing dockage and water would be opened to the public. Mr. King stated it would be available for Capt. Butcher customers and the commercial fishing' operations. Ms. Monier felt the project was too commercial and did not meet the riverfront vision. She did not like the proposed elevations. Mr. Svatik and Mr. King discussed what benefits each party would receive from the developer's agreement for the construction of Jackson Street. Mr. Svatik felt the developer would be getting much more than the City. 5 Q . PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 18,2002 Mr. Mahoney had concerns. that Jackson Street would function as a collector street but was designed as a parking lot. He questioned speed, 'signalization, traffic calming measures, and the lack of a sidewalk on the south side of the new street. He felt the design of the whole site was not plausible or workable. Mr. King stated that the site plan could be submitted with out Jackson Street, and they could just build a parking lot for the use of Capt. Butchers. They had worked with City staff to accommodate the citizens and customers and benefit many instead of few. Mr. Mahoney also discussed density and lot coverage with staff. Mr. Blessing was concerned that an addition of a restaurant would increase traffic. Mr. King stated that a restaurant was not planned for at this time. Mr. Blessing felt that with all the resort units tenants would be coming and going for meals creating too much traffic activity. Mr. Rauth asked if the total 167 parking spaces would be open to the public. Staff stated the spaces in the Jackson Street ROW would be open. Mr. Mahoney questioned the City's liability with parking in the street. Mrs. Reichert felt the street extension would connect the U.S. #1 businesses with the Indian River Drive commercial area completing a good vehicle/pedestriarr Sebastian circle. Betsy Field~Connelly, 149 Kildare Drive, questioned if the public using the parking would make it difficult for patrons of the resort to find parking, what benefitand wby would the public want to park at this location, andw(!.s there a need for more resort units. . Sal Neglia, 461 Georgia Boulevard, had questions regarding the sidewalk, parking on Jackson Street, if the infrastructure was being built first, and pedestrian safety. Thomas Connelly, 149 Ki1dare Drive, felt that the site would work, but because it was illegal to park on his street, he didn't want any parking on the applicant's street either. Jeff Hickman, 134th Street, asked about handicap parking, viewing the plans, keeping green space, and adjusting the building heights. Marcia Hall, 7711 Roseland Road, asked about the percentage of native plants being used, to use the Tree Advisory Board.and Florida Native Plant Society as a resource for landscape plans, and commented on the compact car spaces. The public hearing was closed at 9:35 p.m. ,Mr. Rauth asked' about provisions for boat trailer parking and if the applicant. would consider.' building a public access area to the river. Mr. King stated there was no plan at this time for a trailer parking' area and. Mr. Mosby stated it would be difficult to get proper permits through. all the agencies for an access ramp. Mr. Rauth stated an observation deck or public fishing pier could account more for citizens wanting to use the public parking spaces than just to park to take a walk. MOTION by Reichert/Smith . ,. \ / \ 6 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 18, 2002 "I'll make a motion that we approve the site plan for mixed-use development for Capt. Butchers including the Jackson Street as fIrst phase with all sidewalks included as" presented, with the conditions 1 thru 4 on the staff report." Roll call: Mr. Mahoney Ms. Monier Ms. Reichert ChInn. Barrett -no -no - yes ""yes Mr. Smith Mr. Rauth Mr. Svatik - yes -no -no The vote was 3- 4. Motion denied. ChInn. Barrett called for a break at 9:49 p.m. The meeting resumed at 9:57 p.m. All members were present. 4,\?-<(,r~0 '\ c; 0-~ ) 6' 'if \)7\ ~~ E. (VCV D. Public Hearing....; Recommendation to City Council- Comprehensive Plan Amendment - Land Use Map Change - Sebastian RiverLandings PUD - 7Z.5- Acres -L-l to LDR - SE corner of CR510/CR512 Public Hearing - Recommendation to City Council - PUD Conceptual Developm~nt.PlanlRezoning - Sebastian River Landings....; A-I toPUD-R- Planned Unit Development - Residential ChInn. Barrett opened the public hearing at 9:58p.m. The applicants, Timothy Jelus & Hugh Evans, 1688 W.HibiscusBlvd.~ Melbourne, and Randy Mosby & Bruce.Moya, project engineers, were present and sworn in. Mr. Jelus explained that the project's property was an abandoned citrus grove, was for sale, and was going to be developed by his company. He feltthe City of Sebastian would like to have control over the design standards and construction, which was why they were requesting to be annexed into the City. . Mr.. Smith questioned if it was legal to review the land use and zoning applications before the subject property was officially annexed in. Mr. Stringer stated yes. Mr. Jelus gave a review of the proposed subdivision including density, street layout, needed permits, community house, pooL, and aCR 510 commercial node. Mr. Hass stated because of the . size of the proposed commercial node and what was allowed in a PUD development, staff recommended separating the commercial node from the PUD and giving it a separate land use and zoDing: He also explained the developers were applying to St. Johns for on-site stormwater treatment system, which the water. would then be released in to the St. Sebastian river. Mr. Blessinghadconcems regarding the entrance off of CR512 being so close to a busy intersection. Mr. Jelus responded that they would be working intensely with the County on defInitive design plans especially since the County had plans to widen CR512 in that area. He reiterated the Commission was just reviewing .conceptual plans. \.,1, 7 \ /j ReguI8r CIty CouncI Meeting July 24. 2002 Page Seven 02.138 Parks & Recreation Advisorv ~~ee 1. R~DOIt on July 20" Pubfic WorkshoD Jeannie JessuP. Parks end Recreation Committee Member, reported on the July 20ttt public workshop and noted a fun report will be presented at the August 14. 2002 City Council meeting. She said they hope to hold another workshop in the future. B. Mayor Bames suggested that the next ad advise citizens that they can put their Ideas In writing If they camot attend. Mr. Barcz.yk asked if Parka and Recreation will have the ability to review plans before development takes place and the City Manager said they have reviewed plans and wII in the future. 15. OLD BU8IN~ None. 16. NEW BUSINESS 02.164 A. Authorize Cilv Manager to Executa DeveIoDer's Gonf~M ~retm8nt Between Capt.n Butcher. Inc. and CitY of Sebastian Governlna Jackson Street Extension Proiect (CI\V Manaaer Transmittal 7/17102. ProDosed AQr.,menU The CIty Manager said due to the fact that Planning and Zoning rejected the site plan. and an appeal has been submitted and win be heard before City Council on August 28. 2002. this item Ihould be postponed until then. He then advised that because many objectives contained in the developer's agreement are part of the redevelopment agency district that a CRA workshop should take place on August 28, 2002 at 6 pm on this matter. Mr. Hili asked. with aU the CIty Is proposed to give In this ag...-nent. what the CIty Is going to get bIck. City Council dlscuulon followed. Mr. Barczyk said this Is not a good deal' for the City. Mayor Sames said he had a problem with parking. Mr. Coniglio said he would like to see more greenery. 02.185 B. Resolution No. R..o2-31 - Third OuartAr Budaet Amendment (Finance Director Transmittal 7/17/02. R..o2-31. Budaet Review Memo. Prolect Status Reoorta bv Fund. ~ule of Investments) ARE8OWTIONOFTHEQ'TYOFSEMS11AN, INDIANRNERCOIMTY. FLORIDAADOP1'INGANAMENDED BUDGET FOR TtE FI8CAL YEAR BEGINNING OCTOBER '. 2001 AND ENDING 8EPTEMBER 30, 2002 AS PROVIDED FOR IN EXHIBIT "","; PROVIDING FOR CONFlICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the resolution by title and the Finance Olredor briefly explained the amendment. He requested changes on circle page 98 under Roads and DraInage In the amount $9.351. because received bill was actually $4.574.. which brings the drawn down amount to $25.988. He stated with the local option gas tax money. 3 additional cross walks wjH be added to Indian River Drive and thlswll be on next agenda. He stated there was a telephone pole accldent 7 (j) <mOJ ,.l ,.a . J 1\ ';'-11 ' \ ... f :;j.;.!!J'"....::.J --1"..u. C~~' .cf'J_ - 'If ..::-.-.,. HOM! OF PWCAN ISWm Subject: Developers Construction Agreement! Capt'n Butcher, Inc. Agenda No. Department Origin: . Date Submitted: 07-17"()2 For Agenda of: 07.24-02 Exhibits: .Proposed Developers Construction Agreement between Capt'n Butcher, Inc~, and the City of Sebastian EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMltJARY The proposed final draft of a Developer's Construction Agreement between Capt'n Butcher, Inc., and the City of Sebastian govaningthe Iackson StreetF..xamsionProject has been ieviewed and modified by staff and is attached fOr your review~ RECOMMRNnED ACI10N Move to authorize the City Manager to execute the Developer's Construction Agreement between Capt'n Butcher, Inc., and the City of Sebastian governing the Iackson Street Extension Project. , . . i' 1-,/ J ""-~'l. ...<~ '.....,1 --- AfLS 945 Sebastian Blvd. . Sebastian, Florida 32958 Tel: (772) 589-3054 Fax: (772) 589-7557 , , July 9, 2002 Mr. Terrence R. Moore . city Manager City of Sebastian 1225 Main Street . Sebastian, Florida 32958 Re: Developer's CODltfuedon Agi'eemeet.. CapttD Butcbert IDe. aDd City 'of ~ Dear Mr. Moore: Per our discussion of yesterday, enclOsed is a reYiSedeopy of.the Developer's 'ConstruCtion Agreement for your review; . Please give me a cali if you have any qUestiOJ2S.' I can be reached either at the Office It 589- 3054 or on my cell phone at 473-6060. . ' . , Sincerely, OG4~~~" / ~.~ ... John A.' . Broker Enclosure JAKlmts '-- l/l ""Y'i",-."""" "'CI'.v. .......... ..,~-- DEVBLOPBB.'S CONSTRt1C'nON AGREBMBNT 'I'bia Aarttmlnt it made &nd emend into ibis day of . 2002, by . and between Capt'D Butcher, Ino., a Florida c:orporatioD, havina its place orbulina. at 1132 lDdian lUverDlive. Sebastian, Florida 32958. hfniDafter referred 10 u the ~, and Tho City of S~ Plorida, a Plorida nnmicipal corporation. hmna iu p1aco ot~ at 1225 MaiD StrMt, s.butian, Florida 32958. bcninalter ref'med to AI the ClCity." From time to time herein. the.Developer and the City are reterred to bldividuaDy u "Party" and collectively II the "Parties" . WHBREAS, the Dcv.opeJ ia the 0WDCr' ofthase certain parcels orland situate wkhin tbD jurildictioDll conftnes of the City. north olDms Street, cut ofNotth Central Avenue an4 west . . ofIndim River Drive, and pneraJJy known u the d~pmcnt site 'of'"Capt'n Butcher', Floocltide Marina and Seafood", ..",1.. refemld to u 1he "Dm=lopment", said pllfCela btina more fiilly deacribcd in Exlu'bit A..uached hereto ud incotporated. hnin by t~ IUd wHmmAs, the City and the Dewloper have or wBl enter into a Pun:hUe IUId ..' agreemeat with respcet to a portion oftbe ~pment to be conwyecl to tho City by tho Developer as aa emnsion of Jackson Street. an 8<<J1 pubUo riIbt-oktay, ttom the eutem boundaay IiDe of North Central Avenue. westward to the westem boundary liDe oflDdim River Drive, bereiDafter men'ed to II the "lacboo 8tn!et Extension". said lacboil StreetExtasion beiDa Jnore fuIJy described in Exhibit B attached hereto and incorpotated htnin by refcreuc.:e; IIDd WHEllEAS. thO City and the Developer claire and inteRd to enter iDto tbiJ Aanemeat to JOvem Il\d provide for the coastruction of the roadway, ckaiaap improvemel1tS, adewalb, parking &.ci1ities, ligl:ltinJ fixturu and other improwIDeatI to the lacbon Street 1b:tcmsioa and, 1brther, to lovem and provide fbt the coastructlon of. (/ wide lidowalk and crouwaIk hill the eastern boundary ofNorth Central Avenue to the cutem boundaty of'O.S. Hipway 1 and adjacent to the northern bouncbuy liDe of exiSCing Jacbon Street, her.mafter referred to as the "011'.. Sidewalk", both the JackIon Street Bxtension and the 05-Site SlclewIlk beiqjointly referred to bcrcinaftor as tho "Work". 1 2/~ NOW 1BDPc>u' in Co.nIicIeraUon of~ Ibove aad the mutUal promiJu ClOIItIiMd -' . herein _ other aood ud valuabh..COIIIideratioa. the Dewloper and the City. COYeDBDt 8Dd qree u foUowa: 1. CONSTlltJCTION 01 tHB WOBIC. In acCordance with ~ terIIII ofthia AplIIneDI, tho Developer htRby .... to OONtnlct the Work in accotdaoe with the terms and , ' proviIions oftbis Asr=ment aud that c:ertain ~ ad Drainaae Sit. Plan by Melby" . . . .' . . .. ~ ~,~ b.rinstbe" ~t~. ~OO2, ,1ob No. 01-464, the proViaioDl oCaaid PaviDg and Draiuat 8M Plan ~ iDco~.~ by:~ u if tully .. forth The Developer. at 1.. diacretion. sba11 have ~ (2) y..niom.the later of (i)tbe date of the Iut Party .executa this Apemcnt or ("Ii) the ~ 111 requirIcl ptnniia have bem iuI.Jcd. to compMte the Work. . . . . 2. PROJECTED COST OF ~,WOlU(. The Doveloper hu ~:thit 1he cost of wnswctian of the Work will be $J23.636.50. the eost beina allocated ~ 10110\\'1: Asphalt Pa'Vina 145,487.50 PiD. . . 2,700.00 DrainIp. '. . 6~OOO.OO . , Com:reCe sickwalb <1.2l.0 lqUafe fHt) 18,02S.00 . Liahtina(12~) ., . '. 35,OOO~OO ~_.JUrYeJi:na 6,~QO. MlsceDaneous padIDs; ~ and toddina 1A.099.Q9 Total . . . Sli3,212.S0 '.': . . Th, City agrees to pay ~Dmiloper'tbe ~:)um ofS123.112.50 forth. ~~ of the Work, subject to adjustments for ~.Uct'.. upon chanp Oldei'I'aildextru,.iA the manner Mt forth hereiJllfter. . ' 3. PlJRCHASB ~ :P(')arA.ctcsoN STRlBTBX'IBNSION. Tho Oty and the Developer will or have OJU.eciiniO ht CenafnPurcbuo and $de AlretaMd with respect to the lacbon Street BlaandOn. h~ cef<<Jod to as tbi ~ ~" Tho . . PurehaIe Aareement tbaD pf~ that tb& ~ price tot the 1adcsoll s1reet BXtaIori'1hII1 . . be buecl upon the appraised value ofthc'~cha4 ihinaio area Wociated with ihii 1aCbon Street &.tcnslo1l. aaidappnial to be pil'tomlOd by Boyle & Dnke. Inc.'The'~ Apement sbd provide that tile City wi1I pay the 1)ew1oper cuh equal to $4.00 pet lqUire foot orb . 2' . l~ appraiIed value .. the balance oftbe apptIited value sbaU be aMn to the ~ in tke form of a cbaritable income tax deduction UDder ~OD 170 or other 8irrd1ar sectioa ottbe 1'ntenlII Rev..ue Code. Furtbermore, the Purcbue ~ shall provide that the Developer wiD arant the City a stolID water dr8lnap euement &om the Jackson Street BxtenIion to the Itoml water ftu.1UI1~ and retention pcmd situated in tho toutberly portion ofthc Development ad east of. Indian River Drive ad that the Developer or itllUQCOllOl1 ancll,lsiJIII will maintain at itt ClOSt- the aforeuid dorm water manalemeut ud retention pond. 4. SUBCONr.aACTOP.S AND MATBlUAL MEN. TheDtveloper.... eoWt bids for an portions o{the Work not to be CODItNCted by th~ DmtIoper'..own employ... .Appmval or DODo-approva1 or conditional approvil oftbe bids ofsub-tontnlctofl and mataiallDeD aIuIIl be in the Devdoper's sole and absolute discretion. AIllUb-contracta sball pnMdab' simibIr or incoIporate the safety, insuranc:e. 'workmlnship and WIlTaIlly tenna IDd provillons of'this Aareemem. Upon acceptance ofdwaub-coatractor". work or the material ~" materlII, the Developer ahaIl promptly pay the sub-contractor or material man in accordance with the terms and prcMaions oftbo soparatO qreomeat between the Developer end the ~ or materia11D11L S. PllOGB.ESS lU!POllTS. The Developer ahall provide the City with pciodic propesa reportS ccmcerniDa the COJlItructiOll of the Work or the City". authori2ecl reprnematives may peri0c6C11Jy visit and inspeot the lite of. Wodc. 6. BUTT nm OF RBCOllD. 'I1ae Developer or RD. AdamI. Inc., General Coatnctor, will be the buDder oCrecotd with respect to aD H~and I*mittiDa reIquiremcDts ofapplicable aovemmental apDCi.. or bodiu, iDcIucba the City, bavJDajurlldlctioll OWl" ClODItrUCtion of the Work. The Developer or RD. AdIms. InC. wU1 maintain ita corporate entity and aU licc:nseI and pcrmitI in active It8tuI and in pel nudiD8 for the cJun1ion otthis ~ ? CON'VBYANCB 01 THE WORK TO THE CITY. Upon completion of tho Work .and ~ thcrcofby the City, the DcwIopv sba11 convey title to the Work by deed fIIIdIor bill of sale. u appropriate. to the City in accordance with the terms and provisioDl of that ClCI'tam purehue ad talc qrwmont by IDd between the putieI to this Apement. Upon 00I1Ve)'IIIC0 of 3 ,- 2~<; the Wode to the City, tU Oty ~ be mspODllbJe in" all fbrtlB' repairs aDd ~ to the Work. I. AClCNO'WLPDGMBNT8. BEPlESENTATlONS AND WAlUlANTIES OF T.HB DB'YBLOPBt. The DtYeloper aoImowIed~ lepnsemS and WIITIDt. totbo Oty and, in -eriaJ iDto tWs ~. lbl City is retyiDs uPcm. tM foDowina: A. Tho'DeveIoper iI duly orpni~- VI6dly existina ad in Sood MIDdins UDd.. 1be laws oftbe Stile otPlorlda ud is q~ to do butineas in the State Of Florida . a tor proAt . - - corponIloD ~ in tbobulin_ of_ estate development. nil Agr..-. ad lIlY . - tranlacdca 00Iltemp1ated heieby 'Will DOl "'in u., ~on 0( Or deIiUtt under, III)' term or condition r4aay qreement.1utrument. ~'1oiIl qreement or 8imDIr documtat to which - ' , the Developer is a patty or by. which the DwiIoper Is bound. There is 1\0 Jitlpdon. ~ - , or ~I peIldin& tior to the bowl. ,f1lthe:Developer contemplatecl'or~ . , . .. epiDst the DeVeloper, wHdl wou1cl imJMIir tbe Deveioper or adversely affect the Dove1oPer" IbiJity to pcrtbnn ita obUgadcma UDder.this ~ - , B. The Dcm:1oper baa read and ia~ ~th the terms and ~ olthil Ap'iemem IIld an att.achmera hereto CIt coftStrUCtioa documents ~ hen:iB and the DI1Urt ofdle Work to be COMtn1Oted. C. The Df\'CIoper wID'weD. tnIIy.aJMI1imely perfbrm aD otdw~ IlleS . , ObiiptiOIll otthc: Developer let fbrth in tbiJ A.anImeat. . D. All WQrksball bcJMldbrmtdb:f_1beDevdoper, the sub-coatracUln and materill rcum in a akilIfUl and worfrnuudib 11IIIIMr; B. .The Developw thaD comply with lid abide by all permitI, ........ .... or4~.. coveaants, ndes _.....Iiad buiJdinl eocIea with reapcot _to the.Work. . 9. DBPAULT AND J.BMSl)1BS. III the event of a df6uIt ....the... ofthit . AsrNaiiat OIl the part or either Party. ..... other PirtY may terminatt tis ~ and. other Part.y'. fiuther pa10rmaDce otth. CODtttuctiOIi Of the Work or this Apeement. ProWled tU DevIlopel'iJ In default, the City mar" iequire. IncU... Developer ......., to NmO~ III JUbbIc IIld debris &om the alte otthe Work. BitbeiParty may punuo any.~ ot~ ita riJbts, optiooa, or nmcdiea _em. or may punI18 any other remedy at law or in equity, wbctbar or aot 4 I 1/~ 1/l lilt. SEBASTIAN ~~~ "'IIIt!'";"'''!~> .~ _.---_.-.,~.__..._-'_._._- ~ ~UN~_8EDEVELOPMENT AGEN~ MINUTES Wednesday August 28, 2002, 6:00 p.m. City Council Chambens 1225 Main Street, Sebastian, Florida 1. Mayor Barnes called the Meeting to order at 6;00 p.m. 2. ROll CALL Citv Council Present Mayor Walter Bames' VICe Mayor James Hill Mr. Joseph Barczyk Mr. Raymond Coniglio Mr. Edward Majcher, Jr. 3. APPROVAL OF MINUTES - 6126102 MOTION by Coniglio/HiU "I move we accept the minutes.. ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 4. CONSIDERATION OF JACKSON STREET EXTENSION (see City Council agenda pBCket pages 111-162 ffJr backup) A Presentation bv City Manaaer and Growth Manaaement Director The City Manager cited pages 22 and 23 of the Community Redevelopment Plan relative to goals and objectives, specifically goals 5, 6, and 7 (see attached) as they correlate to the extension of Jackson Street. He then distributed a memo from the City Engineer dated August 28, 2002 and read it into the record (see attached). He then referenced page 162 of the Regular City Counc~ meeting agenda packet relative to MJackson Street CostsNalues. (see attached). He stated that both the city and the developer would benefit from this agreement. " John King addressed City Council on the proposed agreement for the extension of Jackson Street, cited their reasons for the proposal, and exhibited a conceptual drawing. The Growth Management Director reiterated that this proposal had been originally recommended by the Treasure Coast Regional Plaming Council to ease traffic flow through the corridor and support development in the neighborhood. The City Attorney said this was a meeting of the Community Redevelopment Agency, and there was no restriction on whether or not public input is taken. He said this is coming to them as the planning committee for riverfront development, and that they would have to vote on an issue to send it on to Council for expenditure of the trust funds. CRA Meeting August 28, 2002 Page Two ~ \ '3,,1 '..~ "".' ,.I Becky Hoch, adjacent property owners, 1724 North Central Avenue, stated two sides of her property abut the subject property. She requested assurance that she be given access to Jackson Street if this matter is approved, noting that her property is zoned commercial. She asked if there are any impact fees that would impact her property, and was advised that the only impact fee was the recreational impact fee for residences. The City Attorney said he would anticipate that her property would have access from both streets, and some of the parking spaces would be lost. He said he did not see that any access would be denied. He said there is an implied right of access, and denial would have to be based on specific engineering problems. Mrs. Hoch asked if she could request a driveway permit at this time. Mr. King said Ms. Hoch did not own property adjacent to Jackson Street right- of-way, but that Mr. Adams owned the 20 feet between row and her property . Discussion took place on whether she will be impacted if she cannot use Jackson and wants to develop further. She said she then questioned whether this is serving the public. CRA Meeting August 28, 2002 Page Three Mr. Majcher expressed concern for the city making this purchase and limiting other people from using it. John King said Ms. Hoch has never had access to the subject right-of- way and that the development could not take any proposed parking away. The City Attorney cited the angle that Jackson comes into North Central, and that at this point, with her not fronting on the right-of-way there can be no assurances made, and if agreed to would knock out required parking for the development. He noted that she would reap a profit for her property by being able to use the public parking on Jackson Street. Mayor Bames said without an agreement such as this, the city won't get the street. Mr. Hill said without the street, the developer will make this a private parking lot, that the twenty feet in question will be developed as private parking if the development does not go through. Tut Connelly, offered a solution. citing the Council's favorable response to the Parks and Recreation report; suggested tabling this matter and establishing a new Community Redevelopment Agency. Fred Mensing. agreed with the extension of Jackson Street, and also suggested extending it over the railroad tracks to the west. Each Council member offered his input on the proposal. Mr. Barczyk said if the extension did not occur, the developer would end up building a private parking lot and no one else would benefit by it. Mr. Majcher suggested sca~ng down the development or paying for more of the road construction. It was noted that a great portion of the funds will come from tax increment funds which are derived specflCally from the riverfront for the riverfront. B. CRA Action MOTION by Coniglio/Hill -I move that we accept the Jackson Street extension as proposed by Capt'n Butchers, Inc. and as developed by the Community Redevelopment Agency.. 1;/t ROLL CALL: Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher Mayor Barnes MOTION CARRIED 5-0 -aye -aye -aye -aye -aye eRA Meeting August 28, 2002 Page Four 5_ Being no further business, Mayor Barnes adjourned the eRA meeting at 6:58 p.m. Approved atthe 9/10/03 eRA meeting. ~6~ Wa . Barnes Ma "'" 3,3 Regular City Council Meeting August 28, 2002 Page Four ItemE In response to Mr. Hill, the City Manager confirmed that water pipes would be installed before the paving takes place. MOTION by HilVConiglio "Very well, on that I move approval of consent agenda Item E." ROLL CALL: Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher Mayor Barnes -aye -aye -aye -aye -aye MOTION CARRIED 5-0 8. PUBLIC HEARINGS 02.164 A. Hearina of ADDeal- Plannina and Zonina Commission Denial of Site Plan for CaDfn Butcher's Floodtide (Citv Attornev Transmittal 8I22J02. Evidence Submitted to Plannina & Zonina) (Advertised PJ LeaaI) Mayor Barnes opened the public hearing and the City Attomey advised City Council of the following: · Council must consider the appeal on the record presented to Planning and Zoning · The applicant, staff and affected parties may argue as to how the facts before Planning and Zoning support the denial or require approval . Modifications may be proposed but without factual support . If new information is desired, it is preferred the matter be remanded back to Planning and Zoning He sited that Council may: · uphold the denial of the site plan application; · overturn the denial and grant approval of the site plan; or · approve the site plan with modifications, conditions, or in any other manner which the Planning & Zoning Commission could have addressed the matter He noted that four affirmative votes of the Council are required to overtum the denial. V~I . . "IJ h Regular City Council Meeting August 28, 2002 Page Five John King, addressed City Council and responded to their questions. Mr. Coniglio suggested a crosswalk midpoint in the Jackson Street extension. The Growth Management Director said this would result in removing at least four parking spaces, which would require a special variance. Mr. King said he could provide a crosswalk in the median. Mr. King said provisions for irrigation of the median have been provided. Mayor Barnes suggested the developer be asked to enter into an agreement to allow shared parking. The City Attorney said the developer could have applied for a reduction in parking requirements due to mix~ uses proposed. and staff could have recommended joint use. Mayor Barnes said he wanted to avoid other developers coming in and asking for similar consideration. The City Attorney cited section 54.3-15.4 (b) LDC. He said some of the parking spaces in Jackson would not have been required, and spaces could be eliminated to accommodate a crosswalk. The Growth Management Director said the hoteVrnotel proposed use makes the use conditional in this zoning. Mr. Majcher expressed concern about trailer parking, and Mr. King said they did not prefer trailer parking and would look at off-site storage. Mr. Hili said there is no sidewalk on the north side to connect a crosswalk to. He said he would rather see trees in the median than a crosswalk, and that reduction of the speed limit would do a better job. The Growth Management Director said a traffic study would have to be conducted first. Mr. Barczyk suggested rumble strips and Mr. Hill noted it will be city right-of-way. The Growth Management Director said by reducing parking spaces, public spaces will be reduced as well. Mr. Majcher suggested eliminating three parking spaces on the south side to provide access to the adjacent land discussed during the CRA meeting. The City Attomey said at least two or three spots could be eliminated, but it would be up to the developer to work out arrangements with the adjacent property owner. The Growth Management Director highlighted other elements of the multi-use commerciaVretaiVresidential five building proposed development. He said any Imposed conditions will have to be reflected in a revised plan before construction takes place. Becky Hoch, adjacent property owner, 1724 N. Central Avenue said it was not her intention to blindside the developers, that it was her understanding that the city owned the right-of-way, said she hoped some parking spaces could be traded. TAPE 1- SIDE II (8:08 p.m.) ! If Regular City Council Meeting August 28, 2002 Page Six Lisanne Monier, read a letter into the record, suggesting revisions to the plan as to intensity and for the protection of the riverfront. Damian Gilliams, suggested that a sidewalk be added on the south side of Jackson to US 1. The City Manager said there is a sidewalk proposed in front of the Community Center at this time for fiscal 2002/2003. Sal Neglia, objected to the discussed crosswalk. MOTION by Coniglio/Hill "I'd like to move that we overturn the denial and grant approval of the site plan with the addition of the stop signs as proposed by the-as proposed." Mr. Hill noted that the street will be city right-of-way and the city can conduct the appropriate studies and accomplish whatever is necessary. Mr. Majcher said he wanted to add the access to other property owners. Mr. Hill said the only way that could be done is to purchase the land and reduce the parking requirements, and that is a responsibility of the landlord to purchase the needed land. ROLL CALL: Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher Mayor Barnes -aye -aye -aye -nay -aye MOTION CARRIED 4-1 (Majcher - nay) Mayor Bames called recess at 8:25 p.m. and reconvened the meeting at 8:33 p.m. All members were present. 02.189 B. First Public Hearina on Ordinance No. 0-02-13 - Sebastian River Landinas ComDrehensive Land Use Amendment for 72 Acre Planned Unit DeveloDment - CR51 0 and CR512 - For Transmittal to DCA (Growth Manaaement Director Transmittal 8121/02. 0-82-13. ConceDtual Plan. Location MaD. and P & Z Recommendation) AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATIONS OF LOW DENSITY RESIDENTIAL (LOR) AND COMMERCIAL LIMITED FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 3 UNITS PER ACRE (L-1) FOR LAND CONSISTING OF 72.45 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (Advertised PJ Display) y/~ ~ City of Sebastian, Florida OFFICE OF THE CIIT AlTORNEY (j) AGENDA TRANS:MITTAL Agenda No.. tJl,/{,; tf Subject: Appeal ofP&Z Denial; Capt. Butcher's Floodtide Date Submitted: 8/22/02 For Agenda of: 8/28/02 SUMMARY: This matter comes before the Council pursuant to Land Development Code ~54-1~2.4(g) as an appeal of the Planning & Zoning Commission denial of the site plan application. The Council must consider the appeal solely on the record presented to the Planning Commission at its July 18, 2002 hearing. This means that no new facts can be presented to the Council. The applicant, statt: and any affected party are allowed to make arguments as to how the facts before the Planning Commission support the denial or require approval. Modifications to the plan may be proposed by any party, but without new factual support. Ifnew information is desired, the preferred procedure is to remand the matter back to the Planning Commission for further hearing. . The procedural order will be: > Initial presentation by applicant; > Presentation of other affected parties; > Staff analysis; > Applicant's rebuttal; and > Council deliberation and action. It will require at least four votes to change the determination of the Planning Commission. L/~3 RECOMMENDED ACTION: After reviewing the record, the City Council may make one of the following detenninations: I. May uphold the denial of the site plan application; 2. May overtUrn the denial and grant approval of the site plan; . 3. May approve the site plan with modifications, conditions, or in any other manner which the Planning & Zoning Commission could have addressed the matter. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAG~1t _._1 ~ , Cltll ~...".~....': ~... . . " .. ..h' " .. . .. iHOMl..or ~ l5rAND . Growth Management Department Site Plan Approval Application · Staff Report 1. Project Name: Capt. Butchers Floodtide 2. Requested Action: Site plan approval for a mixed use development. 3. Project Location a. Address: b. Legal: North Central, Jackson Street and Indian River Drive See site plan. . c. Indian River County Parcel Number: See site plan 4. Project Owner: Capt'n Butchers, Inc. 1732 Indian .River Drive Sebastian, Florida 32958 (n2) 589-2552 5. Project Agent: Same as Engineer 6. . Project Engineer: Mosby and Associates Randy Mosby 2455'14111 Avenue Vero Beach, ,Florida 32960 (772) 569-0035 fax: (772) 778-3617 7. Project Surveyor: James A. Fowler 929 "F Avenue Vero Beach, Florida 32961 (772) 5624744 fax: (772) 562-0963 8. Project Description a. Narrative of proposed action: Mr. Harold Adams, owner of Captain Butchers, has filed a site plan review application for the proposed development of a multi-use commercial/retail/residential development located along North Cen~1 Avenue; Indian River Drive, and the proposed Jackson Street extension spanning the distance between the aforementioned streets. Proposed development for the subject parcel is for construction of a 5 buildings consisting of retail/commercial/residential apartments and transient resort url Its , together with associated parking, water. and sewer service, drainage, and landscaping. Access to the site will be via direct access to North Central Avenue to the west, Jackson Street to the south and Indian 1 '4~~ River Drive to the east. Proposed water service will be accomplished via connection to an existing Indian RIver County Utilities' water main, and wastewater service will be provided by connection to the existing Indian River County Utilities sewer system. Stormwater runoff for the proposed development will be routed to a retention area located along the southeast comer of the 'property along Indian River. Drive. The site consists of 3.04 acres, or 132,511 SF of total land area. Of which, 57,540 SF (43.4%) is proposed as Impervious surface and 52,746 SF (39.8%) is proposed as open area. b, Current Zoning: CWR c. Adjacent Properties Zoning Current Land Use Future Land U~! North: CWR Residential RMU East: C Indian River Lagoon . Con South: CWR Residential RMU West: PS Sebastian Community Center INS d. Site' Characteristics (1) Total Acreage: 3.04 acres (2) .' Current Land Use(s): Vacant/Commercial Marina (3) Soli: Immokalee. Pomella (4) '. Vegetation: Oaks, Palms: Scrub (5) Flood Hazard: Zone X, AE (elevation 8') . (6) Water Service: Indian RIver County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Riverview Park - 2 miles (9) Police/Fire: Indian River Fire - .5 miles Sebastian Police - 1.5 miles 9. Comprehensive Plan Consistency a. Future Land Use: consistent b. , Traffic Circulation: consistent c. Housing: Public Facilities: consistent consistent d. tj/S 2 I ) --- e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent 10. Contents of Site Plan: a. lot conflguratlon: provided b, finished ground floor elevation: proposed - range of 9' to 13' c. contours and designating number of dwelling units: provided ~ 24 d. square footage of site: provided - 132.511 SF e. building coverage: proposed - 21,200 SF = '15.99% (30% maximum) f. square footage of paved areas and open area: paved open (required = 25%) . 83,465 SF =.63% (80% maximum) 8,695.sF = 37% 1. setbacks: provided multiple buil~ings and all meet minimum setback standards. See site. plan for specific detail. g. scaled drawings' of the sides" front and rear of the building or structure:' provided - all buildings to .be. of identical design - see - attached. I. generalized floor plan indicating uses and square footage of each proposed use within each building. or structure: not provided please provide generalized floor plan details. j. Building exterior construction materials and color: prOVided h. building height: provided -maximum height .not to exceed 35' for buildings west of Indian River Drive and 25' for those east of tRD. I. . location and character of all outside facilities for' waste disposal, storage areas, or display: provided j. location and dimensions of all curb cuts and driveways: provided ~/lo 3 / *This. figure does not include existing spaces -to remain on site for existin'g uses. I. details of off-street parking and. loading areas (1~luding requirements of Article XV): provided m. all off-street vehicular surfaces available for maneuvering: provided n. surface materials: provided o. number of employees: N/A p. type of vehicles owned by the establishment: N/A . q. If there .Is a combined off-street parking facility, required agreements: N/A r. Location of all pedestrian walks, malls, yards and open spaces: provided v. location, size, character, and height or orientation of all signs: provided . w. location and character of landscaped areas and recreation areas: provided . x. location, design a.,d character of all public, semi-public, or private utilities: provided y. location, height and general character of perimeter or ornamental walls, fences, landscaping: provided l{ / 7 4 c Z. surface water drainage facilities plan certified by an engineer or architect registered In the State of Florida: provided - the site plan includes the requisite. stormwater retention pond, Which will also double as a site amenity as the developer proposes constructing a boardwalk around the retention area. Doing so will greatly enhance the appearance' of the retention area. aa. 'Iocatlon of existing easements and right-Of-way: provided ab. Land survey with complete legal description prepared and certified by a registered surveyor: provided ac. Verified statement showing each and every individual person having a legal and/or equitable ownership Interest In the subject property: provided . 11. Site location and character of use: provided 12. Appearance site and structures: ~ ...", ,. - '. . a, harmonious overall design: yes b; location and screening of mechanical equipment, utility hardwar.e and waste storage areas: provided c. commercial and Industrial activities. conducted' in enclosed buildings: yes d. exterior lighting: provided - the lighting will. matGh the existing light poles along Indian RIver Drive. .' '.;. .. . . 13. Access, internal circulation, off-streetparklng'and other traffic Impacts: a. Internal circulation system design' '. and . .access/egress considerations: provided b. separation of vehicular and pedestrian areas: provided 14. Traffic Impacts: . provided 15. Open space and landscape (Including the requirements of Article XIV): a. . Name,address and phone number. of the owner and designer: provided . b. North arrow, scale and date, minimum scale of one inch equals fifty (50) feet: provided c. Property lines, easements, and right-of-way with internal and property line dimensions: provided . 5 y~~ ~ ~ d. Location of existing or proposed utility service: provided e. Location and size of any existing or proposed structures: provided f. Location and size of any existing or proposed site features, such as earthen mounds, swales, walls and water areas: provided g. Location and size of any existing or proposed vehicular use area: provided h. Location and size of any existing or proposed sidewalks, curbs, and wheel stops: provided I. Location of sprinkler heads, hose bibs, or quick cupplers and other Information on Irrigation: provided j. Calculations of required type, dimensions and square ..footage of landscape materials and of required landscape areas, including: total site area, parking area, other vehicular 'use area,. percentage of non. vehicular open space, perimeter and Interior . landscape strips;' and required number of trees: provided Indian River Drive (285 ft) North line (510-ft) . South line (570 ft) Northeast line (225 ft) North Central Ave. (290) Northwest line (130) Parking Area NOS Foundation Trees Total required Total existing Total. proposed Total provided 2.85 x 5 canopy'/6 understory/100ft. 14.25 (15) canopy and 17.1(18) understory 1 treel35 ft = 14.6 (15) 1 tree/35 ft = 16.3 (17) 1 tree/35 ft = 6.5 (7) . 2.9 x 5 canopy/6 understory/100ft 14.5 (15) canopy and 17.4 (18) understory' 1 tree/35 ft = 3.71 (4) 1 treel5 spaces (167) 33.4 (34) 49,04612000 24.5 (25) 1,160 U=(4{)Ofcj) = 464 LF = 46.4 (47) understory 132 canopy and 83 understory 46 canopy tree credits (20 existing trees) 86 canopy and 83 understory 132 canopy and 83 understory In addition to the above, and In accordance with Section 54-3-14.16 (Screening and buffer yard requTrements), all side arid. rear lot lines adjacent to residential uses shall inclUde a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof so as to provide a continuous 90% opaque solid screen not less than five feet In height to form a continuous screen along such buWng property lines. ~r9 6 o Trees shall be Florida grade 1. or better with an overall minimum height of 12', have a minimum diameter of 2 inches, and shall have a minimum of 5 feet of dear trunk. Palm trees shall constitute no more than 35% of the .. total tree requirements, and shall have a minimum of 6' of clear wood. at planting. k. LocaJlon of required landscape areas and, dimensions: provided. '1. Location, name, height and size of all existing plant material to be retained: provi<;led m. Location, size, height and description of all landscape material Including name, quantity, quality, spacing, and s~cifled size and specification of all plant materials: provided n. Height, width, type, material and location of all barriers of nonliving material: provided o. Location, dimensions and area of landscaping for freestanding signs: provided p. Show ,all landscaping, buildings.. or other Improvements on adjacent property within five (5) feet of the common property line: provided 16. Required 'screenlng of abutting residential and nonresidential uses: In addition to the above, and in accordance with Section 54-3-14.16 . (Screening and buffer yard requirements), all side and rear lot lines adjacent to residential uses shall include a wall, fence, ~ndscaped earth berm, planted vegetation, or existing. vegetation, or any combination thereof so 'as to provide a continuous 90% opaque solid screen not less than five feet in height to form a continuous screen along such butting property lines. 17. . Flood prone land and wetland preservation: . . N/A 18: Surface water management: provided 19: Available potable water: Indian River County Utilities 20: Wastewater service: Indian River County Utilities 21: Soli erosion, sedimentation control and estuary protection: provided 22: Additional Considerations: The Indian River County Utilities Department had the following comments regarding the water ~nd sewer connections: There is an existing 10- force main on Indian River Drive and they must connect. There is an existing 16- water main on Indian River Drive and North Central Avenue, and they must connect to either or both. 7 , ~/ID o ~ The applicant has acknowledged these comments and will be applying for the necessary utilities connection permits through Indian River County UtilIties. 23. City 'Englneer's review: Engineer provided the. following com"1ents: The City Engineer has not raised any objections to this site plan. Additionally. the City Engineer endorses the parking layout and design as proposed by the developer. 24. Other Matters: The Capt. Butchers Site Plan Incorporates an extension to Jackson Street, which currently terminates at North Central Avenue. The developer and the City of Sebastian have reached a tentative agreement for construction of said roadway. The proposed agreement will be presented to the City Council on July 24, 2002. The City, Intends on purchasing the right-of-way and providing necessary arrangements for the developer to construct the roadway~ The Jackson Street extension will provide commuters with an additional throughway to a signalized intersection 'with U.S. 1. The extension was.' recommended by the Treasure Coast. Regional' Planning Council via incorporation within the Riverfront Master Plan. 25. Supplementary Details: Due in part to the Jackson' Street extension. the parking layout Incorporates a majority of parking spaces that are either in the future pUblic right of way. or require a vehicle to back out of a space into the right of way. Section 54-3-10.6 (Design and specifications for parking areas). stipulates that parking spaces are not to be designed so that vehicles. are required to back into a public street In order to exit a' parking stall. The applicant must obtain City Council approval for constructing spaces within the right of way. . '.' and for designing spaces requiring a vehicle to back into the right of way. . Additionally. the site plan incorporates 35 compact parking spaces. . When ,,' permitted, by: the Planning and Zoning Commission. a maximum q1 15% of the total required. spaces are permitted as compact. The site plan Incorporates 23 compact parking spaces. which Is the maximum permitted by code (156 required x 15% = 23.4). 26. Conditional Use: Resort Unltsltranslent living quarters (hotels/motels) are a conditional: use within the CWR zoning district. The following criteria shall be satisfied: ;...... .", pO 1. The facilities shall comply with applicable regulations of the State Division of Hotels and Restaurants cite In the Florida Administrative Code. 2. SCreening: All side and rear yards abutting residential districts or uses shall be screened In accordance with standards established In section 54- 3-14.16 of the land development code. L{"f( 8 o 27. Analysis: Mr. Harold Adams, owner of Captain Butchers, has flled.,a site plan review application for the proposed development of a multi-use commerciaVretail/residential development located along North Central Avenue, Indian River Drive, and the proposed Jackson Street extensl~n spanning the distance between the' aforementioned streets. Proposed development for the subject parcel Is for construction of a 5 buildings consisting of retail/commercial/residential apartments and transient resort units, together with associated parking, water and sewer service, drainage, and landscaping. Access to the site will be via direct access to North Central Avenue to the west, Jackson Street to the south and Indian RIver Drive to the east. Proposed water service will be accomplished via connection to an existing Indian River County Utilities water main, and wastewater service will be provided by connection to the existing Indian River County Utilities sewer system. Stormwater runoff for the proposed development will be routed to a retention area located along the southeast comer of the property along Indian River Drive. The site consists of 3.04 acres, or 132,511 SF of total land area. Of which, 57,540 SF (43.4%) Is proposed as Impervious surface and 52,746 SF (39.8%) is proposed as open area. 28. Conclusion: The proposed multi-use development is consistent with. the Comprehensive Plan, Land Development Code, and Rlv.erfront Overlay District regulations. 29. Recommendation: Staff recommends approval' of the Capt. Butchers Floodtide project SUbject to the following conditions: 1. In accordance with Section 54-3-14.16 (Screening and buffer yard requirements), all,'side and rear lot lines adjacent to residential uses shall include a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof so as to provide a continuous 90% opaque. saild screen not less than five feet In height t6 form a continuous , screen along such butting property lines. 2. The applies'nt must receive' planning and zoning commission approval for 15% compact parking stalls, as represented on the site plan. 3. The applicant. must receive acondltlonal use permit approval from the Planning and Zoning Commission for the hotel/motel use within the CWR zoning district. 4. The applicant shall obtain approval from the City Council constructing parking spaces within the right of way, and for designing spaces requiring a vehicle to back into the right of way. r-(u~ PREPAR 0 B if' f.,,- ATE o 9 ~/" (v 'I '!l ... : ;,lr, .." ~ '.J!.;:':: " " .. 'i?!:::'. . .,':r.'~::I: : ;'I.\i."'" ...i~ p',1 , .~:i,:~ <~H'" ;"~I'r 0' I:::, - '-- OOOOOOOQOOOO . 000000000000000000000000000 sr.oAmAN em WIlT AUCUST PARK ESTATE. SUB '.l.S.O~1t .,.,.... ~ ~. ~ SPO(L (SLAND NO, 3 ~ ..L.... ~ " 5 " :'. " .' """"A .rIm.. -.. r'WP 30S 3W 1/4 Section 31 30s-3ge 'IIP , 02.16 colnpil", OBI07IOl , Ihr IlIdlllll Rlwr Counly Propfrly AJ1PI'IIIM'" ofi;u a~e 1-42 .. ... too ~ . r:" . i : :~~i~,~ ': .~Z!.:.:;. . , L':":..JI.: ',r'!'.i.'., . :t.......1 . :~1:;.~.. I~' :' :r.~"l .1. ; o .'}f ~I j '.,j;;." ~.o.." . , r...... . ~ ..~:r\ ..... Permit Application No. 8 City of Sebastian Development Order Applicati.on INC. RANDY L. MOSBY (561 ) 778~3617 E-Mail: OWner If different from a Name: CAPTAIN BUTCHER'.S IN Address: 1732 INDIAN RIVER DR V Phone Number. (561 ) 589-Z552 E.Mail: FAXNumber: (561 ) Type of permit or action requested: COMMERCIAL. SITE PLAN PLEASE COMPLETE ONLY' THOSE seCTIONS WHICH ARE NECESSARY FOR, THE PeRMIT OR ACtiON THAT YOU ARE REQUESTING, COPIES QF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED A;.m 81/2- BY 11" COPIES OF ANY A TIACHMENTS SHALL BE INCLUDED. ArrACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (If applicable): CAPTAIN BUTCHER'S FLOODTIDE MARINA And SEAFOOD B. Site'lnfonnation Address: I 1732 I.NOIAN RIVER DRIVE SEBASTIAN Lot: Block: Unit: Subdivision: 2 & 3 AUGUST PARK Indian River County Parcel #: 31-30-39-00001-00019-00002.0 2.1 .3 .2 3.3' 3.4 and 0 Zonln1LClasslflcation: Future Land Use: CWR COMMERCIAL I WATERFRONT/ RESIDENTIAL Existing. Use: Proposed Use: COMMERCIAL / RESIDENTIAL COMMERCIAL/ RESIDENTIAL c. Description of proposed activity and purpose of the requested permit or action (attach extra sheets If necessary): CONSTRUCTION OF A RETAIL/R~~IDENTIAL DEVELOPMENT DATE RECEIVED: ':LJJ!LI.123 FEE PAID:;jjSO. ~ , ':tr ;l~' CQ RECEIVED : Form CD-2001 . A roved: 08/27/97 :.l Pa e 1 0(3 Revision: Development Appl1cation File Name: Doe ~/I~ ~- Permit Application No. ; D. Proiect Personnel; Agent: Name: MOSBY AND ASSOCIATES, INC. - RANDY L. MOSBY. P.E. Address . 2455 14th AVENUE, VERO BEACH. FL 32960 Phone Number. ( Obl) 569-0'035 FAX Number. (561 ) 778.:3617 E-Mail: ..'.___.....~. H Attorney: Name: N/A Address Phone Number. ( . ) - FAX Number. ( ) - E-Mail: Engineer. Name~OSBY &'ASSOCIATES, INC. - RANDY L. MOSBY. P.E. Address 2455 14th AVENUE, VERO BEACH, FL 32960 Phone Number. (561 ) 569-0"035 FAX Number. (561 ) 778-36;7 . E-Mail: Surveyor. Name: JAMES A. FOWLER LAND SURVEYOR . . Add~~2 9 7TH AVENUE, VERO BRACH, FL 32960 Phone Number. (561 )562-47-44 FAX Number: ( ) - 561 562-0963 E~Mall: I, MR. HAROLD ADAMS ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X- I AM THE OWNER _ I AM THE L.EGAL REPReSENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF nus APPUCATlON. AND THAT ALL THE INFORMATION, MAPS, DATA ANO/ORSKETCHES PROVIDED IN THIS APPLICATION ARE ACC~URATEANO TO THE~ES:F MY KNOWLEOGEAND BELIEF. _-----=- ~ 4//l/02- S'qI E . . DATE SWORN TO ANO SUBSCRIBED BEFORE ME BY /fffROL b A:bAfnS SONALL Y KNOWN TO M OR PRODUCEO AS IDENTIFICATION, THIS DAY OF Al'bL ."'t9..~2- ~~~~ ~c. BARCU8 MY ~'CC9B0218 EXPIRES: Man:Il 50 2ro5 Iond.I ThnI NeIIIy.....llnlIIIwIIln NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION . NO./ExPIRATlON SEAL: Fonn CD-2001 . A roved: 08/27/97 Pa 820(3 Revision: Development ApplfcatJon File Name: Doa o 4/15 Permit Application No. ," , Tbe following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use penults, variances, exc~ptlons, and appeals. . I/WE, J THE OWNl:R(S) _ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HERESY AUTHORIZE EACH AND EVERY MEMBER OF THE planninq & zoninq comm. BOARD/COMMISSION OF THE CITY O~ SEBASTIAN (THE "BOARD-rCOMMIsSIONj TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION, " I/We HERESY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY ~VE, DUE T9 THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEM8ER ENTERING OR VIEWING" THE PROPERTY. INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUe PRocess RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING ORYIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY Me/US VOLUNTARILY AND NOT AS A RESULT OF ANY coeRCION APPLIED OR PROij'SE ~~ EMPLOYEE, AGENT, CONTRACTOR OR OI'FICIAL OF THE CITY OF SEBASTIAN. ' _ __ ~ ,,' 1/II,kz.- SI~A R . DATE Swam to and subscribed before me by .f.h4/<!tJu ~ who is personally known to mlLor produced, as fdentlflcatlon. thIS .-LL. day of fi:Pei L - . . ~ 2- Notary'~ Signature ~ ~ Printed Name of Notary . Commission NoJExplratlon (14 f, "2.- Seal: . ~. h .X)ANc. BARCUS I~ l~ M'/"C()MMlSSION' CC 1l80218 Cot .i EXPIRES: MludI6. 2005 '"tit." ~1lWIIoWtNIID~ , . ., ~ ,JIo p, .30f3 Revision: Development Appllc:aUon File Name: Doa ...... '! Permit Application No. e Supplemental Information Site Plan Approval ~ 1. Site size in acres or square foot 3.04 ac. X-- 2. Area of impervious surface in square foot 93, ~1 '40 f t :a X- 3. Area of previous surface in sguare foot 39, 371 ft:a . --X 4. Attached the following: --X.. a. Six copies site plan' with lot configuration. finished' ground floor . elevations, contours and designating number of dwelling unitS. and setbacks to seale indicating compliance with regulations. (Two sets must be sealed.) _ b. A scaled drawing of the sides, front and rear of the building or structure, generalized floor plan . indicating uses and square footage of each proposed use within each building or structure, building exterior construction material and color. and building height -X- c. A surface 'Water drainage facilities ,plan certified by an engineer or archited registered in the State of Florida. . X d. A land survey with complete legal description prepared and certified by - a registered surveyor. ~ e. A traffic impact analysis, if required. . ~ f. 'An erosionl~edimentation control plan. ~ g. A copy of the landscape plan to meet the requirements of Artide XU!. Landscape Regulations and Artide XIV. Tree Protection of the Land Development Code. X h. A verified statement showing each and every individual person having a legal' and/or 'equitable ownership interest iry the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and addreSs of the corporation and principal executive officers will be sufficient ~~11 Pa e1of2 Revision: Site Plan File Nvne! Sislt o Permit Applic::ation No. L i. A list of the names and addresses.of all owners of parcels of real property within three hundred (300). feet of the parcel to be considered, --!. 5. The following infonnation is required on all site plans: -X.. a. Locate on the site plan and describe the character of all outside facilities for waste disposal, storage areas, or display. . x e. Locate on the site plan and describe the design and character of all - public, semi-public, or private utilities. such as water and wastewater disposal facilities, underground or overhead eleCtric lines, gas transmission lines, o.r other similar facilities or services. X f. Locate, on the ~ite plan and describe the height and general character of perimeter or ornamental walls, fences, landscaping\ including berms and other required. screening. devices, and any other plans for protecting adjacent property o~ers. . ~ g. Locate on the site plan existing. easements and.rights-oi-way. r-\ o Pa .20f2 R.vision: Site Plan File Name: Sisite I ~ ,\<b !- August Part( Property OWners Rebecca S. Hoch 17~ N. Central Ave. SebastlBn, Fl 32;58 City of SebasUan Ms. Doni Bosworth Zoning Technician 1225 Main st. Sebastian, FL 32958 '. To Whom It May Concern, July 10, 2)02 - The undersigned residential property owners In August Park Subdivision request the following consider8tlOns relating to the site plln review for Capta4n Butcher's Marina and Resort development. Many of us are unabte to attend the meeting on July 18, 20U2 In person. A l'8quest W8S made on July 9, 2002 from Shauna Herron Klng to Dorri Bosworth to change the meeting date.....request denied. Our concerns are specifically lighting, buffer zones on property Ines. noise, and drainage. We . request that none of these matters be closed for discussion unIU a ",presentative from the affected property has opportunity to address the respecttve Issue In person. We understand the Adams/King parties haveevety right to dev.aop said property commerciBlIy; but to pi.... remember that they are in a mixed use neighborhOOd. and to taka that fact Into consideration. Our request dOeS not Impty that . construction start date be delllyecl, but that dialog remain open In regard to finll decisions on the afOf1tmentioned Issut~ until an perties have opportunity to address them In person. RespectfuHy, ~S.tlo~ Rebecca S. Hoch 5397 HOWIrd Rd, Petoskey I MI 48770 (temporary address) (2a1) 348-8B83 P~. -~~7G'"3Im~~ lP.. .~. ~ t~'t1. GUb Qtiic,..~ . J\ I. _,-'(~:- A2 dP^ ,} " ., ,. tcJ ( / "'1/- ,.:... ~";I>c.~, , ~ ~Zl'W.'. .v '.--LA )4.4: ~ -""'C3 \J C,,,,...:r1L..J(/t) -1.;.-a.,c t.t.,' 'i-~:. .,,.., IJ':: ;;~ C- . - ", ,,. I ... . ,1 ..., .... ..,- " ..... -". / - I' I. ., .' .~ ' J 7 ~ ~ ~. (:."'-."J.... " 't.""'-- .. I ' f-vn-''11::J.. (~.;VoJ" , I . 4.) 0~ ~~P. :)"5, J 9S ::S;ctf>~,.J ~ ~- J C1 () 111111 . . - . . . . ~) ,~"'., ,,,0 L\/lI ~1~ 02 02:21p " . i I I I ~;11 H.,..old Rela.s ,.., .I, L FIt::. J DtU:S-UCI:IC := ( \ II .. o CITY OF SE~~~.~ ~~~ . --- ... .-.. -~ ,- -'.' .:. - .'-:"". -............................. ..-:~...............~............... :3 t?" ~ HOME OF PELICAN ISLAND SEBASTIAN Crn' COUNCIL IN THE MATTER OF: Captain. Butcher's Floodtide Marina FINDINGS OF FACT, CONCLUSIONS OF LA W AND ORDER THIS CAUSE came before Sebastian City Council on August 28, 2002 after due notice to the Respondents, and based on the evidence presented the City Council made the following motion: MOTION by ConigliolHill ''I'd like to move that we overturn the denial and grant approval of the site plan with the addition of the stop signs as proposed by the-as proposed." ROLL CALL: Mr. Hill Mr. Barczyk Mr. . Coniglio Mr. Majcher Mayor Barnes -aye -aye -aye -nay -aye MOTION CARRIED 4-1 (Majcher - nay) DONE AND ORDERED in Sebastian, Florida this 28th day of August, 2002. CITY OF SEBASTIAN, FLORIDA iU~ lAJt~~ Walter W. Barnes, Mayor . Presiding Officer ... / - ~,iV Regular City Council Meeting August 28, 2002 Page Ten 10. COMMITTEE REPORTSlRECOMMENDATIONS - none. 11. OLD BUSINESS 02.164 A. Develooer's Aareement between the City of Sebastian and Caot'n Butcher. Inc. a Florida Corooration. for Construction of the Jackson Street Extension (Growth Manaaement Director Transmittal 8121/02. Aareement. Analysis. Cost Estimate. Aooraisal. Survey) The City Manager sought direction from Council regarding this public/private partnership. John King, described costs for the project as cited on circle page 162 of the agenda packet and said this is a fair deal for both parties. City Council members expressed their views and concern for the adjacent property owner. Mr. King said this access is not a city issue but that they are not shutting the door on surrounding property owners. MOTION by HilVConiglio "I move approval of the developer's agreement between the City of Sebastian and Capt'n Butcher's Inc., a Florida Corporation for the construction of a Jackson Street extension." ROLL CALL: Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher -aye -aye -aye -aye -aye MOTION CARRIED 5-0 12. NEW BUSINESS 02.190 A. Emoloyee Health and Dental Insurance (Transmittal 8/22/02. Commentarv. Aooendices A-E) The City Manager gave a brief presentation and introduced Mr. Kurt Gehring of the Gehring Group, West Palm Beach. (See copy of power point presentation by the Gehring Group attached. ) Kurt Gehring addressed City Council and recommended the Florida League of Cities Silver plan. . . tIOMi:~...~ '1SW1D eit of Sebastian Florida Agenda No. ()2-,/~ cJ Subject: Developers Agreement between the City of Sebastian and Capt'n Butcher, Inc., a Florida corporation, for construction of the Jackson Street extension. Exhibits: EXPENDITURE ~QUIRED: None Department Ori~ ,~owth Management Tracy E. Hass /\ F . Date Submitted: .August 21, 2002 For Agenda Of:~002 a and surv AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Enclosed is a proposed developers agreement between the City of Sebastian and Capt'n Butcher Inc, a Florida corporation, for the planned extension of Jackson Street from the existing terminus at North Central Avenue east to Indian River Drive. The Jackson Street extension will provide commuters and pedestrians with an additional through street from Indian River Drive to a signalized intersection with U.S. 1. The extension was recommended by the Treasure Coast Regional Planning Council via incorporation within the Riverfront Master Plan, and at the City's request was incorporated in the Capt'n Butcher's Floodtide Marina site plan expansion'project. Although the roadway expansion was included within the Riverfront Master Plan, the City does not.oWn the requisite right of way necessary for construction of the roadway. Therefore, in order for the project. to become a reality, the City and property owner, Capt'n Butcher Inc., began negotiations, that upon successful conclusion will lead to a partnership for the COnstruction of said ,roadway. The roadway extension includes more than just a roadway however. The plan includes an extension of the sidewalk from Indian River Drive west along Jackson Street to U.S. 1, accented by streetlights matching the existing decorative lampposts along Indian River Drive. Conversely, the sidewalk is not included within the right of way, but instead within an easement across the developer's property. You will also note that the retention pond for the roadway extension is incorporated within the developer's private drainage system. Therefore, the developer, as opposed to the City, will be responsible for maintenance of the stormwater . retention pond at his expense. Additionally, the plan incorporates parking within the street right- of-way to accommodate patrons of the proposed site plan expansion, as well as members of the general public wishing to utilize available public parking spaCes within the north end of the Riverfront District. "'..;', .... i .. ",'.t. 5/1 o The aforementioned design troubled certain members of the Planning and Zoning. Commission who felt patrons' safety would be compromised due to the anticipated traffic generation on the proposed extension. Therefore, staff and the developer again negotiated to resolve concerns as raised by the Planning Commissioner's. AJJ a result, the developer agreed to install a 3-way stop . at the intersection of Indian River Drive and Jackson Street. In addition, provisions are underway to include a brick paver crosswalk on Indian River Drive matching the design of the existing crosswalks along Indian Riv~ Drive, thus raising driver's awareness of potential pedestrian traffic. Moreover, an additional stop sign will be installed at the intersection of North Central and Jackson Street, where another crosswalk will be installed as well. These safety measmes should provide additional levels of protection for pedestrians travCI$ing the area, as . well as patrons visiting establishments within the district. Hopefully the detailed analysis' below. and all supportfug documentation attached hereto will dispel any myths that the proposed developer's agreement benefits the developer more greatly than it does the City. And unfortunately the benefits to the City are not quantifiable as they relate to traffic/transportation improvements and the provision of additional public parking. Although a dollar figure cannot be assigned to this aspect ~f the agreement~ there is a cost associated with the' propo~al. Therefore,. via the following analysis, you should find that the proposal equally benefits the developer and the City alike from a financial perspective. Included within this packet is an appraisal detailing the land's value, arid a comparative anaiysis outlining the proposed acquisition cost to the CitY versus property value to the developer. The . attached agreement proposes that the City acquire the right-of-way and fund construction of the roadway, which will be constructed by the DevelOPer at cost, as . opposed to traditional arrangements that normally include a minimum profit margin. The .cost to the City for the Jackson Street extension would be approximately $285,000, while the Developer's cost would be approximately $275,000, when factoring in below market value for the purchase price quoted to the City and other anticipated construction and maintenance related expenses to be absorbed by the Developer. PleaSe note the acquisition cost to the City is equal, to that paid by the developer when he pmchased the property, which is much lower than the. current market value. Furthennore, a detailed construction costs analysis, as prepared by Mosby and Associates, Inc., bas been provided for your review. The'data contained therein outlines the cost of constructing the roadway, including engineering costs, fill ~ drainage improvements, and paving costs. RECOMMENDED ACTION Consider the attached agreement and offer'direction accordingly. r'- ~'J 2 . </~ .~.&.~..& "".~" .~. ..q "':JO.L , , I;I~D. ( ,..~,~.....~ - MOSBY AND ASSOCIATES, INC. cf4'fVr.~ &~ Ill.. ,..,.... ,..~....- ....... .... .... ....... ~ ..,..... ~ . ,..8*: .,..nM17 t;/) January 17,2001 Mr. John Kin& P.O. 8o1l '780942- S'eb&$tian. FL 329?8 Subject: Capt. Butcher's F100dtjde Marina &. Seafood Sebastian, PJorida Enain=rJ~ Project Number: 01-464 OIar Mr. KiDI: V4d Ftic.Ylmilc I R~(:~l'T~D ! . .IAN 1 7 2002 BY;=- As reqvClted; the followinSi.1II a.lUmmary of the land area and preliminary conStNcrion cor.t!\ err the 60 aiid SO foot ristuo:Of~,!.ys and rcr.adwI,ytl propoMdthroUlh,the ~jea project. . 1, ~. RIOH1'..OF-W~~ . &. Toc.l Land Area'. 30,162 S1. 0:71 ~ . b. Roa.dwl)' Cost ' 1. Asphalt raving 2.. fill. 3. Drainap . 4. Wbeel.Stop& S. Engiaeeriq Costs TOTAL CONSTaUCflON COST a' ROW · 28;1 90 SF x S l.lS/SF II 400 CY 1. S4.SOICV · 1 LS x S6.,000.00'. S3 each ~.S8.()()/c.ch. 2. SO'RIGHT.OP..WA:t a. Total LaM Are. . 41,016. SF . 0.94 .c. b. ROadway CoIl . 1. ~l pavma 36.390 SF. JI.$.l ~/SF - 2. F"aU . 60Q <;Y x U.s,OICY ~ 3:~' Drama. 1 LS :I $6,000.00. . 4. Wheel StOPS' 53 aCb., .I ,S8.OOIclch .. .' S. EnsiMeriq CoalS . .' . 1"OTAL CONSTRt}Cr10N COST'SO' ROW · 535.238.00 . S 1.800.00 S 6,000.00 S 42.4.00 . $ 4..()()()JX) 54 7,462.()') $4S .48ls.00 . S 2,100.00 . S. 6,()(~.OO S 424.00. S 4.00();(X) S5JI~612.()Q . The ~b:O"e ~Sl estimate i~:baRd on the ptefimlnuy site plan l.yout and 15 ~ubject lo,chanic with the final ~ of the proJect. . .' . . --.., / , ',-- -.-- ._-- -.--.....--.-..-.... ~ ) MJ. John Kina J anuar)' 1"7, 2002 Pale 2 Should you have any questions tellUd\Tllthe above s\Jbject, plca~e Qlll, cc: Mr. Harold Adams. ", ~ 10m --:;-....- . ....-.- . '-.' sA - ., . : ., . . ..' A RESJ:.RIL:!'.lWUSE' '.': APPRAISAL :tmPQRT OF THE' . , . O~93'ACREPARCEL, , THE EAST END' OF JAcKsON STREET TO INDIAN RIVER DRIVE, . '. . SEBASTIAN FL. '32958' , , , PREPARED FOR lV1R.HARbrn ADAMS CAPI"N BUT~ INC. 1732 INDIAN RIVER DRIVE SEBASTIAN, FL. 32958 MAIL CODE NA' .' ,', " 'ASOP':' , , JULy. 23 2002 '. , . BY . . . BOYLE & DRAKE, INC. . 888 DAHLIA lANE VERO 'BEAca FL 32963 . 'FILE NO~ Mil COMPLEr.w JULY 26~ 2002 ~i~ ---.~"'--- """--" ~ ... ,Boyle & Drake, IDe. . Vero Bach. . . , ' Real BstaIB Appraiacrs and ConanltaDts Stephen J. Boyle, MAl .' . Scam CertifiCd Oenml, Real EState Appraiaer RZOOOO699 . . .'. , ... 888 DaIdia LaDe- viro Beicb, :n. 329Ci3 . Tellpbcme: (772) ~1303:' . ' lfas \I'12):z34..lm" Fort PIerCe . Paul p~ Drake, MAl, SllA ' . State Cartified GeDcral: Real Estate AppraiSer RZOOOOO21' . July 26, 2002 . . Mr. HarOld Adams. . , . . C:aPt'i:l:Bl1tcher, Inc. . . 1732 In~.River'Drive. SebastiBii, FI. 32958 <.' . . ," . . Re: R.eStncted use apprirlSal'repOrt of 0.93 acre paroel for the 'J~'St:reet addition located from' the' east end of Jackson Street to ltutisn River Drive, Sebastian; FL 32958. 'Dear Mr. Adams: . '" . . .Iil' accordance with' your' i'equest, we Dave.made an.mvestigation and analysis' of the' above . referenced: p:operty.: The' purpoSe of $iS: illvestigatioJ]; am analysis, was to esmn~te. the .- Market Value o{ the Fee Simple: EState of'thC~sUbj~property. a$ vaCant as of July 23~. 2~'::~'re~lsa~triCtedUseF~ . '.. '. '. .... . . . As. a resUlt of our. investigation mid analYsis oftb.e ~Ation obta.inedtheref1wn, as wen." ',' ,: asa geriera1 knowledge ofreaJi estate v81uation ptjiCCdtiies, it is our opinion, that the M8tket: .', .,'. . ,'.- . V 8Ii.1e Of the Fee SimPle' E;State. Of' the ~ub.lect Pi'operty. in "as is'" condition' ed 'asSumiIig", . ownership of the entire area:; as of JUly 23', 2002 waso:." :, .' . ,', '., . '. . .::.' '.' ".".:' . '. '.... ~: . . ,:' .: ~ .;. :.......; ,:.. :., : : '. ...... .'.. t:; .... t "'..:. . . .. '. ~:IWNQ~ TWENTYFIVE'rHO-U8AND DOLLARS . . ", ,','. . '. . ($325,000). ..,. ~. is: Ii' resirl~ted use ~al report"that is- in~nded to 'comply:'~th the' reporting rCqUfrements set forth Under StaI1CWti'Rule 2-2(c)'of the Uniform StandardS. of Professional AppraiSal PractiCe, far:' a." ~cted AppraiW .Report As. ~. 'it does.. not iDclude diScUssi~ Of' the ~. ~Oni11g;,m14;anaiySeS tliat. were used' ih the' appraisal prOcess tQ. develop the appraiSer's .opinioif'of va1ue~" StJ.pportiI1g dQcumen~oIi cOnc~g the data. reasoIrlD.g,' and' arialysesd i& re~ed in the' appraiser's file. The infonnanon contained hi. this report is specific to the needS oftbe client' and' the city of Sebastian and fOr the intended ~. stated In this repOrt. The appraiser is.not respOnsible for unauthorized use of this report . . Furtbf'!mlote, in accOrdance with priOr agreement between the client. aDd the. appraiser, this' report is . for the sole use of the' client and the City qt, Sebastian. 'The Sales Comparison r\ : ~. t;/~ - ! Boyle:.& Dr8ke, IDe ." . Mr;':HarOld Adams. : :' 'Capt'11Butcher, Iiic~ . . . '.JUlY.'26~2602.':',,:, . .. .~,:,i;'>'i ,<,;, .C. ",..,.. ." . . .... . . ............ . '. . . .A~..t6;Ya1Ue..Wa4~ the'on1Y.~ '~1:isecr ThiS report is.' not, a limited appraiSal iD.va1drig: a1lowabledep~'. from.'specific . guidelineS. of the. Unifonn.' Stm1c1~ . of . Professional Appraisal Pi'actice.Also thiS. tePQrtis an Sppraisar of the land "as-is" and does . not Ietlect the irOpaCt of the eXteDston. OfJ8ckson street as proposecl': .... '.. ." .' . . . . ':':., :':.-:.:;;-.!-:..-:,.:..:';".:.:/r;:.:.:,:'::J"",':: <>::'<:::':.:.:::. '. ....::.::,:.::;. . , . '.: .... .:.. . ::'. .;:'. ..: .,... .... . . Youf attention is. .cliit~cii~ft({thel~ltiltg COnditions' aild'1.U1der!yfug: ~tions uPon whiCh. . '~val~;:'cOIJi~IUSio~)ae:.~t An 'EXecutrve "Sinnmmy haS .bee11 included for your .' . convenience~ It h8s oeeniple8suie to. serve; you in tInS. matter..: . . .. .. " .:.. :,'~ ;:.~ :' ::t..'....:.>/::.:.~..:..,.. ::.:::_>:..... :,"~' '..~... ,":. ~'. :....,.:... ..' ~~~'submi~.. '" ...... ';:, .' . . , BOYLE&DRAKE:'INC~ ..... '. . . ". . . . . . .. . " ..... , . . -.--- ........t;2'.' ......~..:.: .tk....... '.. ..~........:.>..................~: ': ." '.. \.......... .. ,':. ....." ..... .~ . ~:". ....~...'" '.. . :....:. . .'~ : .' '. ,',':', . .,:...'::' . . Da-m.d.C,..B......wn. ...: ..' ...- ....; . '" .' ". ...... ':':",. If'.&.: ....a.~ .. ,'l~:' "t'.., .'~ '. . .. .. ..... . FlOrida ~~ Certified'General. AppmiSeJ;'~7.:: . E;pirationDate.l~...,. ...., i.'.: ::: .,: . . . : ;./ .. '.' "1.. ' . ..... ," ~ ..... '. . ~:. :' . "'. . \" , . . .' ..': ". .~..,~. '. ..:. ". - '. '. ~.' . ':.'. ::'-:: :'. .. . .' . '.:. 'j: ,'... ~ . '.. . . . . . .', .:.'." ", . . . ....:. ",.: '.' ." .... . ,;..' . ...... (. .. .'.'. ':.'. '.. . ., '. 'J. .' .....:.-...,' '.-:' :.:.'....;.:.I..:..::.~.: . ':':':.':.:.::...:"~~"':""" . ,.:. .~. ....: ; .':0. ....;.......:-jV..._/J... '.', '. ....:. :...' .:>/::~:iJ~~:.:...~\:.:;..... '. . ". . .PaUI?;~~.SRA.:';;<:.':.. ..' '. . .. .......... . Saue.Ceri;i:fiedGeiieralA: '.'Ct. RZooo;x>27 . '&P~()~~_i:iI301<r/msr:.~:/::.. :"; ".' .... . .' ........ .'. '.' .; . . .' . . :. " ;:..:. .. i'; '.' ....".;. i.'. . . : .' . """ . ~ '. . . ", :'. .:.. ." . . '. . 5/1 I. ~ ..~ --.-O~ "'. Boyle &. Drake, IDe. REsTRICTED usE AP~AL REPORT1. COMPLETE APPRAISAL . . . '. .'. .' . . .. CLIENT:- . Mi'; Harold Adams~. . . capt'n Butcm, Inc~. .' . . 1732 Indian River Drive , S~b8sti~ Ft 32958 : " . . " - ':.,' ,'J . Boy~e & :brake, Inc. .: 888 DahliB. Lane . .V eJ:o Beac~ ~orid8. 32963 APPRAISERS:: . . . SOBJEcr:, ..... . . .. . . The suoject 'property is a river view lot located' from the east. end of J ack:son Street to IndiaJ1: River Drive, SebaStian, Fl. 32958. The property is' being purchased by the'.city of Sebastian as. a riglitof way for the' extension of Jackson street' eastwaro' to lndiatJ, River Drive. The . highest and best use of thepioperty 'is to create.a commercial. development that complies to current zOnii1g regulationsi' and: takes ~antage of the' river View' loca1ion, mdim River Drive .ftc>ntage,. and: theSlllI'Ol1I1diD. . commercial' devel6pmeriu. m. the: Sebastian: Commercial.Waterfront ResidC~ DiStrict '!'he. Subject. site is lOcated on, the west side of Tnman Rivet. Drive. . ". , ..' . , . . . . . . The' subject' parcel is part of: a larger" site controlled by the Current ~wners. The larger' site . 'offersnver frontage,. docks and the capt' ButChers fish s<<,lre. Currently, the subject area' is 'being'filled" '.' '. .,: ......, . '.:' ., . ".' . " . n . ,SIt8. DeScription:. The tOtal: land siZe' 'per.' the l~gal description. provided to: us. is' '. ~tely 40,510 sqUafef~~.or 0.93' acreS. The shape is an iIregtihttShaped 80' wide by aPPrO~msttelY 506?' in length arid withappio:1;mRtely' 80 . front feet. on Ind18l1 River.... Drive. '!be 'site:is~ed CWR..Com,mercial Waterfront. Resideritial by ~e city of Sebastian . and haS a,future land usedesignati'on ofRiv~,Mixed Use. The planned'Use as a city street -wm'remove it ftoIn the cooe requireinents and- col,U1t;y tax rolL' .'.' ..' ..', . . . :.......,: '. \, . '. ': .... . ..'. . . . ' ',"' " . '. .... '. . . . The' si~'~ ll:oi~ve<L~The"site. is loc8ted, within the. flOod zOnes. X-Unsbaded: and X-. . Shaded:' per. map number 12061C0076. E~ . dated 514189~ Zone X-tJnsIiaded 'is mx area det:crmii1ed'to be outside the 500 year flood'plain. Zone X-Shaded is an area.determ;ned'to' within the' 100 year flood plaii:1 witli average depths. of less than on~' foot .The property is lOcateci-"within Census Tract 508.01.... . . The subject is lOcated along In(ijRll River Drive,: which is the primary rlverfro1it Street in . sebastian. The property is adjacentto Capt'1l'Butber's F100d Tide Malina and Seafood;. '6 ~ '.. .,.' · .. S/ -) . ~ ~ .. . Boyle & Dr~e, Inc~ ,. . . Thi& ~ of Sebastian is the location: of $e Key' West Inn MoteL Captain Hiram's, . Restaurant ~d Marina, several tiJne share deveI~ts, other restaurants, motelS" and bed & ~asts, and several: marinas-; The area is, befu~ upgraded witl;1 sidewalks, lighting_ benc~ .and park Upgrades by the City. . '.". , .'.. . . .' I . " . " . , . . The'developmeD.ts recently cOInpl~ted:. or' are"'un~' construction include. an ~on of .the Key West Inn .with river frontage, ~ renovation of Captain Hiram's, the renovation of .th~.' KH Plaza office bUndfug: at' the. 'camerof lIS, Highway r'and Tniman Street. construction' . of a. new- RUby 'I\Jesday . restautarit on' US;. f,,' and, the . infrastructure; improy~entsbeing~'amtp1aimedbytheCityofSebastiali. .'. ". .... .... ..... j ". .. . .. .' . " . . . . LoCated iieat' :the ~bject is a 133 acre site that was:purcbaSed by .~i~al Financial. Corporation in Aprlt ThiS parcel has river frontage and frontag~ on the west side of Trirli$lIJ: . River Drive~ It is being' developed with patio homes and commercial uses.. . . . . . - -The b8Iance of the Capt-n Butchers site that is not part of thC, sale of the'. subjeCt site is. bei.n:g developed with five buildings havini-retail on the :first floor and reSidential ~ve, , plus a 46lmit hotel or motet" Th~ projects are tak:iDg. advantage of their river frontage and S~bastian's Ri:verfrontDevelopment-pro~ .' .' . . Presently there are. ~o Structures' Iocate4, o~ the subjeCt site. Development of the site calls,'. , fOt coIistrUction of a two lane street with angled parldng in the center 8mi'"verticalparking' . . along each side. ~'wil1'be a 6" wicie' sidew~ along the north side of the street arid extending from US~ Highway. ~,to-. Iildian "River' Drive. There is. a .traffic.light at the in~ection of Jackson Street 8nd US'!.. The city will pay fOr 45% 'of the. cost of the. constrUction of the :storm: water retentiOn area and CaPt"n Butcher,' :me. will provide, all, ' maii1ttam~n~e aild ,opemtion cOs.ts~~~ ..,. . . ',' ." .".', . .' ..' . :. ..', ,'. ... . . .' .' . . . ". . . A meetiIig with "Tr8cyHass of the SebastiaiJ. Plaririing Department was held Ti'acy adViSed' the subject prOperty is zoned ~-Commercial ~verfi-ont ResidentiaL Dev~lopmcnt of this area" and the' .extensiOn of JaCkson Street are part of the cliarri:ae developed by the . TreaSll1'e t~o~tPI8mrlng Coun~il,for.tlie city of Seb~tian. . . "." I "", , , Utilities to the site ~Iude telephone; electricity. water and sewer service and trash removal . Access to the 'project is via Indiau River Drive and is eoDsidereci to ~ adeq1iate~ - . ' . ,. . . . The distai1ce'to the closest I~95 interchange is appro~m~tely 8 miles to the west via CRS12. . Ad'Valorem Taxes: 4)/0. . '. ThiS p8rce1 is, part of a'l8rger tract that has several parcel ID numbers and. we were' not . . ? . . -~ . . :8'oyIe ~ D~ Ine. . . . . ,'. . .. . . prOvi~ specificdetalls on the hiS~' of hoW, the subject parCel waS qbtained. The subject . site ,is' being soldt.o 'the' CitY"and Will be remDV~ from the tax rolls~ Therefore, the following . . iDfnrmlttion is stdCtly~, ~ttmate,ofinfcn:mati~,coricei11ing the subj~t'parce1. '. . " ..,.~E.9ta1e~~09l,~l:'C ....... '. .. .. . . lh': abo~~~assC$~' value~ts' fit: a ~' rate 'Of $22.50 per $1,000' of assessed value:Tbe Imid' ~ assesseei' at $6~~ p~',s~ 'foot The' subJect u(faiI:ly BSSesaetL . .' . ~ '. . '. ;'.'..' .' '. .' ".' :. . .' ". . . . : . . . . . '. . ". . -." ~. . " I; OWNER OF RECOROlPRpPERTY: HlSTORYt,~ ' , . The owner of record is Capt"n BUtcheT~ Inc.. The most recent sale' recOrded on public records for'lots 3'.2 and 4.0, waS dated June'2001 and waS in the amountof $250,000. The purchase . "price was $9.11 per sq~ fOo(~,3~a Lll.'acre parcel, was purchased iilApril2001 fbr $195.,000 or $4.03 per' square fopt (lliiSl>arceI ~ not have ftoIitag~ on the.Indian lUver)~. " . '.. .... ":.., .;" ...... . , . '. .'. .. . ..:. . . ~ OF ~~:..'. '.'~' ';':'. The'~se ofthiS'~:W8s toestnnAte the. . Market Value. of' the Fee. '~imple Estate' of the ,"; ,subject,prqpeIty in, "as: ,is'~ 'condition as'. of Jtgy'. -. ", ',' ",,23-,.2002.. '" ,," ,', ", ',.. ~"';' . ...... IN'rENDED',USE 6, REPC;}B.1:,. . '(FUNCI'ION OF APPRAISAL):.'. '. .' .;", . '''. . . .i . :'. .. ". . , " The' appraiSal is inten~d ici8id in determining a cme.nt market value for 'we of the site to the CitY of"Sebastian. ,~. J:N'l7ENriED U~ OF~RT: , . . . .' . '.. . ..~, appiaiSal is' mrendecl for the Sole use of . Captn BUtcher, InC.: and ~e city of Sebastian. " . DUe' to th~ reStrici:ed ~ :farmat, this report is not intended for anY-other use;. '. . . .... ~ J' , SilO 3 ... '. . . -, . . ' Boyle & D~ Ii1C. REAL PROPERTY INTERFST'APPRAISED:. . . .' . . . '. . The interest SppIaised herein is the' Fee Simple Estate . ' , . 'MARImT.VALUED~ON: .. ", Per Stgriom RUle 1.:2- (c),.Of USPAP 2001 Edition... .. " BlG:a:EST AND BEST USE':,: .... . .,........ . .. .~.:::., .' . W~lieSt mld B. UseAB: , Th~~V~t:' .'. . ;, . Highest and Best Use As Improved~ J:Ui'tt..I:!;crIVE DATE' OF. V .ALUE~ . " . . " . .' For 'deveIOpmeur ofa CommcrciaI water. view. .' project, of.maximum siZe. ~tted by code.' A '.:. c~'projeCt'will IlOIIIJallYprovide higher', returns than' a resideutial project when. the. site .' acquisitiOn costs are high for the' mm-ket area.. '.' Subject property'is nn;mprovecL .' '. : . " ," DATE'OF REPQRT: '... . , MARKET VALUE FSrIMATE: FEE SIMPLE ESTATE ::: .' '. ~. . . July 23', 2002' . . ..... ....,' " . July 26, 2002 ". MARKETING riME:, . $325,000 , 3 to 6 Months "l," .... , . . i... .r :. . :..... . ...." EXPOSURE TIME: 3 to 6 Months APPRAISAL,' DEVELOPMENT' AND REPORTING PROCESS: In 'preparing this appr2isah. the' . appraiser, , iDSpected the: subject . neighborhood . ai1d' prOperty,." ~. infnrmAti'OiI' on mm-lret _ The' search for comparable' sales included ptOpei ties that sold within'the subject ~ket ar~ All s8Ies are cnmmercial properti~ ~lar to the. subject .'. property~. . '. Per prioi'a.greement with the client, the appraiser did not use the Cost Approach or the Income Approach.. , . I) ~ ,I 4 ,. j' i I. I I ...... .... .. . . . Boyle & Drake; I~c.' . : . . . . . . . . " . ;. .! '. . . ... .' !.~ . ': . '. .:. ." . . ; '. ". .~. '.. '.. .' . .' .'.. ",., . ~. . .' ." . . F~ur8 ~O .~~ th~ COst Approach an4 Incoine "ApProach is not q~~ a departQre from . . USPAP ~t8P.~;..~~<:~ w~ w~'ta appraise. the 'Site ~ vacant. and: vaCant l~d in this area' is not typically 1~~'.:. .' ..,.. , . ". '.:. . . . ThiS restri~ted~e.~ ~.seis.fo$ a s.11mm~'~d WIysis of the data relied'on, and appraiseJ:" s .coiicll.lSion. Slipporting dOcumentation is re~~ hi the appraiSer's file. . . ~T DAr~i.Althbugh, ~.R~tri~JJs~' ~eport tYPically dOes not contafu'a . . disCuSSi~ll of.~~~~ ~ta," a brier4isc~~9~' of !he. s.~es'Coriip~o~ .Appr()~ ~ been . ~~vi~ to assist9\1r.~lient;. :'. <' "':. ,.... ..' :,".. . ~~~~~~~ch/ ...............,'0:> ... ......... . . . .... "... ... '. h W~ ~ve coilsi~: it tOtal of'.fiv~ 'comxiierclal.land saleS' l~: in the. S~bastian .D~veloPme~t 8t~ p~'a lot adjacentto: ~e new ~bliX Sho~g Cehier on US Highway'l . at the ~ectiOn 9f B.arbet' ~tteet,. A' Sl~RTY' c~ is ccn1taiD.Cd on the faciIig page. The . :' typical.unit ~.in~uremen~ or eva.\uation'iS sales price pet sq~.foot.. . .' " . . . We ~yze'f;rh~ ~ts on a~ ,s~ fOQt ~f site.~iz~ basis.. aD4.~y~.at a ~ln;mnni' s~es pxl~,of~'(rri4)"~ a~t$9f $10 (ri.1d).Th~averag~..~ SqUare foot price..w~ : $6.56~ The pr.ice& vmeddue to ~. of'sale,.lOOatlon,"Site site, and corner 10CatiolL' . '" . ..' , '.' .' . ..:. ::.....>..~.:......:. ':', ~". .....: ,':. '> <~~ ....:..... " ", ',' .:.... . . . .. : :"'~>> '. .' .' '. "., . . '. . . The:~~.w~ ~~t adjUstedfQrdiff_ceS in 'marketCo~ditionS, ~ '~d'c~nedDf1uen~~ ": . . LOcatio~ availability:. of utilities and other. was. b~ed on"a ratirig analysis 'of mmilar,:. . . supCrior or inferior~.Aii'.adjuStirient ~'s~g.all adj~_tB.is contained OJl.'.the' .' .. facing'p~~e.~~f~'~adj~~~~:i8~pn~iIf~~comp~jdiles'.' ..:,.' After' ~j~tmerits~ ran~e ww/ap'1?roJriJ:;aielY $3~ ~~~~ $9.81 ~thai1 average of$6.99 per. .1 .,....=~~~~.~,~~'.;1~and~;~tY2who. . i PfOVide(fiDf~on aD; ~e.t.dOTn~n(t mctthe, ~ of avtillabIe si~ ~ the hnmp.n;ate . . area. of the ~bjeCtproperty~. We also contacted.tlie CityPJs:anning'j)epartmenl and. ~,. .th~p~' for' devel~t' of the,' .~v~ ~" anq' review~ the. Cha:aatte that was prepmed:by: th~:.Theasure' Coast' PlATlnitigCouncik W~ then lookedi.atinvestaient retUrns from develOpxnentQf cO~arable's~'siies:as residential and as' ctnnmercial projects. The . ". commerci~ 'projeC~' 'provided su.peri~returIis in~st'cases analyZed.' Finally, we studie4 ne8rbydevelopiBent'The Fbi's'~estalnm1t,'captaiii ~'s Restariratlt,'the.Key West Inn 'are 'all:..neaz:by'c~etCial"~jects that' are prospering. We then .rated cnmmercial 'de.ve1Opment o~.the site 8$ * hi~ and ~~. ' I ....... ..... .... '" s. ~l\~: . CJ .... .Boyl~ ~ D~ IDe. '.:' . N~ we looked at the priCe Paid' fOr the subjectpatC~, and the' amount of fill they, are usmg to. bring ~ subject propeityup to constroction grade leveL We were. advised thiS cost will be around $40,000. We uSed S8le2;' a p~ by C8pt'n Butcher, Ine as a comparable sale, f6roui.'~~~'.: . " , . .. . . . . . . . . . , . 'it cl~er~~nii~~tiOn'of'.the:, CO~arabi~Sales waS 'm8de~ Sale 1 is a good looaiian. with . . eXposuiC to .theSebaStWi. :a~sPitaI. murUSland' sale 3: is alSo a g<xxl" commercla.llocatioa They SliO~'co~ci81sites'~. selliIig iii the. $6 to $8 per square foottarige~' ,'" ' At~~~tIie~~~~~~~ 2 ~bi~ shoWs ~ad~~of$93~ per square foot 'IbiS'sale provided C8pi'n ButCher,' mc.' additiOnal rivCr frontage. Sale "5 was, . . rated,' as' SupCrlar becauSe: ~f tb:c' river frOntage, locatiOn' next ,to Fin's: and' the amomit of . froniag~ 'on Indian River Drive..' ': . . . . ." . . Sale 4 is rated as Similar as it hasfr6~tage on Indian River Drive and 'Harrison street. Sale"6 was also rated Similar to: the sUbject However,. this site has a large dtainage ditch; a smaIl. home and an megular shape.: BOtl:l of these sales :were made prior' to recent slUeS that ~v~ , closed at much higher pric~ ~ve pushed.the market to new levelS..' ' .. . .' .. . , The sJ1~ess' of the'.Key West Inn and'the expansion of Captain Hiram's Resiaurant, plus' the.. impact of the city's riverfrOnt develojmient' pro~ have crCated' significant'mtcrest in" property along, Indi8n RiVel .Drive. The laCk of available Sites, and: announcements' of new: .' .' . " residentiarcondominium anq' commf:rciaI . projects atX>ut to start are' creating d~and that is, . . resUlting is"elevated selling .prices' in ~ ~'of Sebastian. Another faCtcm. sUpparl:mg ~Ce" . . ", , increases is the 'condition of'thestoclc IDarket and"the desire of irivestmsto find"a1temati;ve investments' in areas sUCh ~.reaI:estate.~"Mtei ~oi1 we con~:ooed' at the high Cnd'Of . O\1tninge' <;>f commercfu1"prOperti.es:, but below the l'8l1ie for thoSe with water ti'ontage. ':.'... '. .' . . . . '.' l '. . . B~ed:on lWove'we ccnic1ude' that $8.00"~'~ fOot~ marlCetarieD.~ The indication of " 'vaiU;C Is Calculated below:' , .. : '. . , . '. GROSS LAND.AREA X' ,UNlTV ALUE = PROPERTY VALUE ROUNDED,.. .', .. 4O~10 "$800 $324,080:: ' $325,000: \' '. :', :...., ".' '. ~ . '. . . .. .. . . . . . . . ." .' Recondliation , . The best indiCation of ",aTket value is'1:hC' appro8.ch(s) that most closely represents the reactions of the mmY~t place~ Analysis of the motivations of purchasers' of buyers ofrlver view .cotmneTcial: properties strongly, ii1di~ that most purchases are based. on the purchasers desire to be' it that location'. Far thiS reason. the Sales Comparison A~ 'to 5/\3 6 ../ -- ... . . Boyle & Drake; Ii1c. . - . .... valueW~' given the mOst weight in the. valuation of the subject propCrty~. We. believe. prices in this. area will continue . to. mcrease, as' ~w,.'projeCt& itow 'in' the pecnittiilg. and design phases are compl~ and' prov~ to be successt.ul.. .' . . ..... ',.., ". '.' . ,......" ..,' .,'.. . '. '. . B~:OIl' the. SalesConiparison' A~h to ~alue" die mcncatioIl of market.~i1Ue"of the . '. ~.ect property as. vacant w~ $~25~OOO..,. ' . . . . ExPOsuim'I'IMFJMARKETABiLrrY . .' . ..' . .. '. . . . "',' . '. .' . . .' Th~ m~~tability of'the' SubJ~ ProPertY is rated. as:'good.. Th~ estmiated ~ time and' mkketing time is estimJ:ttp.(} to be approTimately three to siX months~,' . ,". . ., ....' . " '... ' '. . --. . ',' '.- ~l ~~ SJ\~ 7 - Boyle & Drake, Ine. .. . ASSUMPTIONS AND LlMITING CONDmONS: ~e certification. of. the appraiSers 'is' subject to the following ~onditions' and to. such other specific co~ti()IlS as are. set forth by the appraiSers ~.. this. report. , ...., . . . . . ' '. ~ . '. . 1..' V~'othefWise stated; the value amiearmg. in this. appraisal rePreSems the opiniOn 'of . . . the'M8rket'VaIue or the' Value' Defined' AS'OF THE DATE SPEQrJ..t!.L); . Market : ValUe' 'of',' real: eState is affected. by.' nationalt arid local.. ~oriomic. conditions . and" :consequentlywillvary'withfuturechangesmsuChconditi.ons~. ..... . ....'..:,.. . . . ',. ':' ; ~ '.' . ..' : '. ", . . '. . . . .": : . '. '. . . . , .. .":': . .. '. . '. . .: . ". '. 2. Th~' value. estim1ltp.(} . in ibis appraisal report is sross, without 9oDBiderilti.on given to any eri~e;, restriction 'ar question of title, unless 8PecificalIy'de:tiD.Cci . , . .. . 3. This ~ report cov~ -mlIythe propmty ~1led a!lliSnYvalnes or rates uri1i>.od . are not to. be: cODs~ as . applicable. to any 'other Property~ however m1Trilar' the .'. . .... properties' nrlght be~ . '. . . ~. '.. 4.. "It is' assumed. that the title to the premises is good; that the legal deScription is. COIIeCt;. that the improvements are entirely and correctly lOCated. on the property described- Snd', . '. that there. ~ no. ericroachmPJlts on this: property,. but 1iO investigati~ or. sUrvey"~, . ~made~ . . .5.' ~ 'appraiSal. e~Ses our opinion; 2nd employment 'to ~ this appraisal ~ in no . . . 'V!ay centiltgerit UPOll ~repOi1hig' of~~;ned valUe' or ConCfusion. . '. :'. .... : .... . '.~. .... . 'J.' -. ". .. . .... . . 6.., ,No"~.ty is assUU1ed for: m~ttp.rs legal in nature~ ~Or'iSany opinion oititJ.e'~ , reD.deIecl. In'. the perf~lmUlnce.. of our mvestipuon and analysis leading. ~ . the concluSions ~ herein; the' statements. ~f' ottiers: were reii~' on.: No 'liability 'is. "aSsumed'for the corieCtness ofthesest8tf'!111eDts; ~'in'anyevent,the :~eIs"total . ...,. liability far tJ;dS report is limited to. the actiUil fee charged. 7 ~ N~~ all ~Or any par.t."9f.the..con_ of'thiS..report (espec1any any conclusioris. the'. identity of thC appraiSer or thefum with whiCh he. is connected, or any reference to the' , '. . APPIaisal Ii1Stitute~. my 'Of itS: dCsignanOns} Shall bedissP.min~ted to the: publi.C~ . thrOugh advertising medUt, pUblic,relatiOns Ttiedi'a.. news nledia,sa1es' TTledia or" ~y , other'pub~c 'm~D5 of. comTUn~idltimi WithoUt~ur prior written Consent and approval. . ~/I, L_ . . 8~ it' is assumed tlW: there. are no hidden or unapparent conditions of the property, subsOiL . · or structures, ~hich would render it more or less valuable, The Appraiser assumes no responsibility for Such conditions. or. the' engii1eering~ which might be required to disCover these' f8Ctcn., . -"0.,. 8 .- ~/ ... 'Boyle & ~rake,.Inc. . . . . .... . .' 9,; . Un1essotherWiSe s~ted iIithis' ~~'the existence' of hazardoUs: substances, fuclUdihg without. 1iInitation' asbestos,. polychlorinl1tP.(j",. biphenyl"s,' pC~leum leakage, or agncultural chemicals,. which may Or m;a,y' not be 'preSent on the: property,. or' other' enVirOnmental ~tioris" 'Were . not, 'c8lled' to' the-' attention of, ilcir did the appraise[ : become aware' o$"suCh during' ..~: appraisCr's- iDspeCtiOIL 'The 'appraiser haS no . knowledge of the ~tence of suCh' DiateriaIs. 'on' or in' 'the' property unless" otherwise . 's~.The apPr8iset~ howeve:r~is 'not qUalified to test for 'sUch substances or CoDditiODS~ , .If tlie.pres~ of sucl.i' Subst8nces~such. as asbestos, ~ fonna1dehydefoam insulation,. . .()tother ~doUs'.SubStaiJCes:'Or enVirOrimental conditions.. may affect the' value of the- . .~perty,the 'value .es.tiD:ia~,iS;:pi'edicated: o~ the.assumPtion ~' tbf:re is no: such: proximity thereto ~:woul(fc;auSe a loss in va1ue~. No respOnslbility is assumedftir any . sUch conditions, nor' far any eXpertise or enginCer:ing knowledge' requited' to discover theni.. '. , ." ': ,. . " 10. The. AmeriCans with Disabilities:~ C'ADA") ~ame etiectiveJ~u8.ty'26, 1992~ The. . . 'appraisers have' not made a: specific compliance survey and analysiS of this property to . detnmine whether at not: it is. inconformity ~th, the various detailed requiremei1ts of the ADA. It is possible ~ a compliance' survey. of the property;' together with Ii detailed" . . aIiaI}isis. o~ .the requiteInents. 'of ,the.: 'A!JA, couldrev~al tbat" the. property i&' not in, . . . compliance witb one: or ~ of the' Iequfrements.of the Act If so,. thiS fact coUld have a . . negative. dfecit upon theYalu~::o(the plopert};., Since the. BppraisCi's have no'diteci, . evidence relating to thi& issUe, possible' noncompliance With. the..' Iequirements . of" ~' '.PJ;)~inesrimaring~~.:alU~.:~:~r~has~oqjeenco~~.. '."'..: 11. This. Is &. restriCted ~~al iepOit which.'is" . intended to coinply.with the repOrting' . ~ts. set forth. tinder. ~tandard Rule. 2-2(c) of'~,' ,UDif~ . StandardS. of.. ProfeSsionarApPraiSal~ce10I"'a RestriCtect- Appraisal Report As such, it dOeS not . inClUde discussions of the ~ reasoning, and' analyses that were used iJl ~ appraisal. .'. Process . to develop. 1he-.' apprSiSer' S' . . opinion. of' value.SuppQrting' : c1ocm:nentation 'conCerirlng the. data, reasoniilg. mid' '8nalyse.i is retained in the:. appraiser's file. The infQrmation' contained:' m thiS: report is speCific to the needS of. tho client and for the, futeurled use. stated in this repent The' apptai8er is not r=;ponsible far ~. uSe . of this report. , ' 51\0 n 9 -. " . . Boyl~& Drake, mc.'. . . ~TI:FJ~TION. ... .. . . . ~ . .... . We certify that, to tne beSt of our ~ow.ledge and belief: . '1.. The stateio~tS. and infm,,~tiOn.'in tbis.repOrt ate trUe and ccm.ect; and that we have 'not: , 'm9~glywithheI~'8Il~fnf~tion..".... .... . ." . '. .. '.'. ;', " .... .' . . .' .' . . 2." The. i'eported. ariai~es~: OP.imons:,.. attdconclusians. are' Iinlited. Only by the' ~:. .' , ,&ssumptioDS.:.atid lUnitmg, conditions, and is; our PeIsonal,.lmbiased professiQD$l: .' .' . '.~yses~ ()piriioDsdmCf~OJl~usions..:";. ", '.,-:.' . ".,'. .::..... . . .'. ..:. :: :.:: . . 3.. Vrebave~ ~~~~int=tin~~'~ and_ba~ no ~~t"or l)ias with~pectto.the. p8rties involveci . .:.' ". .' 4. The~ aDalyses, opinions. aDd' conclusion were' developed, and this' report has' been, ~ in confOmiity with the Umcim Standards of ptOfeSslonal Appraisal PraCtiCe.. ~ (USPAP): 8dopted by the AppraiSal Staildafds Board ofthe:APJ;u:aisal Foundation: and. the Code of Professional EthicS' and'the Standards. of ProfesSional Appraisal PraCtice of the~:Appraisal ~tu.te~ '. . .>': . '. ' ~ '.' . . ", " ',,: ~"., .. 5. The. use. Of ~.. IepOrt is. subject to. the ~. of the State .of Florida'relaiing'. to. '. 'review by the. ~t- of Professianal'ReguIatiem..Rea1 Estate Appraisal BoaI'd; ~.: tothe'requiremen~ of the'AppraiSa1 InStitute re~gto reView by itS. duly authOrlze4... .' representatives. '_ '. . . '. ',... :.:(' i, . . . . . 6. . '~. c~perisanon is: not ~o~ting~t Upo~ .i:b.e :~g:' of~' predetermined 'va1tu;. ai' " .. direction in. value that fav~ the c8use of the client, .the. &mount .of the value estimAte, thei 8ttA;~~t 'of ~'stipWated'iesult, Or the ocCwi:ence. ofa subseqUent eVent. . . :'. '. '. .'.:' . " . ", ", ....:.. ",' . .' . ,;..."" r :,'. .":" . ".. ~ :,.' . 7~. I:>,ayid c~. Brown: and P~ulP... ~ ~a~on8.I inSPeCtion of'the 'pi-operty '~~noo~~.~~.~th8preparation'6ftbis~. . '. 8'. All-: ~nclUsioDS' .~.:~o~~ .c~ing..: th~~"real~:~ that"are' set forth.in ~ , apptaiSalreport were not'.based' em. a. requested' ritinimIml. v.al~CKl. a specific valuation, . . 'QI:.~e'~~val~~.loaIt. ."'. ..... . .... '. ." ',' ;. '.' .' : . .p 9. Based on our exPCrieD.ce and training, it is our opinion that we are Q.l'~nfied to provide. ~'following value esriT1:U~te..~f"t1ie Subject.property; . . 1 O~ As o~ the date. of this l'epCJ1t we' have completed' the requireJDcnts of the COl)tiTnl;"~ ectoCation program of the '$tate of Florida and The'AppraiSal~. , . . ". . yf7 10 ./ \..-.. - .... Boyle. & Drake, ~ 11; It is ~:ntt oPimOIl.tbt the '~t Val~ of the'Fee Simple EState of' the. subject prope1ty in."as stabilized" condition, as of JUly 23,2002 was:. ' '. ,.' '. .' . . . ... . '. crirREEHUNDRED.1'WEmY FIVE TBOusANQ' OOLLARSl ':'. .... " (;1 /f~25'~) '.' . . .. .' . .. ......;. ~~..~... . . . David'~. Brown. " . '. . Fionda state- Certified General ApPraiser RZ0002547 EX.PmitiOn Date 11/30102' ' . '. .' .' . . . ?~Jl!M! . ,. Paul p~. Diake,MAI, SRA . . ' State Certified Qenera1:AppraiSer"lWXXX)027 ExpiIatiOnD~ 11130102': ." . . r ,'., ~/\% ~' 11 _I"'''''~ -...... ..., , ;~..~... .~ ./ j/11 ~.. .... \ . SUBJECT PHOTOGRAPHS. ... Boyle & Drake, Ine. Front View Street Scene 5/J,D 1 o . "" ! .,' 11 - . LEGAL.DESCRIPTION. : . ,. . , I I C;/1) Ii&) - Attaclunent A LEGAL DESCRIPTION Commencing at th~ intersection of the North line of Lot 3, Estate of August PQrk, according to the Plat recorded in Plat Book 1, page 19, St. Lucie County Records and the East right of way of Central Avenue, run South 22002'30" East, along said East right of way, 58.31 feet to the Point of Beginning of a BOfeet wide right of way of Jackson.Stre.et. From the Point of Beginning' run North 64024'46" East, 34.92 feet; thence South 89020'52" East, 390.87 , . feet; thence North' 63016'00" East, n.57 feet to the west right of 'way of Indian River Drive, thence South 26044'00" East, along said West right of . way, 80.00 feet; the.ric'~"South 63016'OO~ West, 97.06 feet: thence North 89020'52n West: 391.72 fe.et: thence South 64024'46" West, 21.23 feet to the aforementioned East right of way of Central Avenue; thence North. 22002'3.0" West, along .said right of way, BQ,15reet to the Point of Beginning. " All the above situate in Indian River County, Florida and containing 0.93 acres., more or leis. c;/1Y ~-- ( \ -~. 5/1-? "",, ~~!,::_'f , ...... "" Regular City Council Meeting October 9, 2002 Page Three 02.007 02.164 02.219 02.176 02.205 02.012 G. Authorize the City Manager to Execute a Cooperative Agreement between the US Fish and Wildlife Service and the City of Sebastian Depicting Various Responsibilities Associated Centennial Celebration (City Manager Transmittal 1 0/2102, Agreement) Consider the Purchase of Right-of-Way for Jackson Street Project In the Amount of $162,204.00 (GMD Transmittal 1 0/2/02, Contract) Resolution No. R-02-15 Vacation of Easement - Mulford - Lot 8, Block 339, Unit 13 (GMD Transmittal 10/2102, R-02-45, Staff Report, Map, Application, Utility Letters) H. I. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 8, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. J. Authorize Change Order 1 to Fishels Contract in the Amount of $9,639.08 to Install Fiber Optic Cable (Finance Transmittal 1 0/2/02) Authorize Staff to Take Appropriate Measures for Notification to Close Indian River Drive for up to 4 Y.l Days to Install New Crosswalks (Engineering Transmittal 10/3102) K. L. Authorize Staff to Close Indian River Drive for Down's Connection Buddy Walk on October 19, 2002 from 9:30 am to 11:00 am (Parks Transmittal) The City Attorney read Resolution No. R-02-15 and it was noted that item B included approval for charter officers to attend. Mr. Hill removed item D for discussion and Mayor Barnes removed item K on behalf of a citizen. MOTION by BarczyklHiII "I move to approve items A-L, excluding D and K and include modifications to item L." Mr. Coniglio Mr. Majcher Mayor Bames Mr. Hill Mr. Barczyk MOTION CARRIED 5-0 ROLL CALL: -aye -aye -aye -aye -aye ~/I \ . ,"", . \~J - , '.. "''''~ .,'.... to/~ ~. '--) (JII'lJ SlBAS~ ~ '. ... "".. '" .... ::b ~ .......~~ -. ,- HOME OF PI1XIIN IStANt> Subject: Vacant Land Contract between the City of Sebastian and Capt'n Butcher, Inc., a Florida corporation, for acquisition of the Jackson Street right.of.way. Cit of Sebastian, Florida Agenda No. 0 2. I {p 4_ Department Ori~owth Management TracyE. Hass r f1V" Date Submitted: October 2, 2002 For Agenda of: October 9,2002 EXPENDITURE REQUIRED: $162,204.00 AMOUNT BUDGETED: $162,204.00 APPROPRIATION RE UlRED: None SUMMARY At the August 21, 2002 City Council Meeting, the Council approved a developers agreement between the City of Sebastian and Capt'n Butcher Inc, a Florida corporation, for the extension of Jackson Street from the existing terminus at North Central Avenue east to Indian River Drive. The Jackson Street extension will provide commuters and pedestrians with an additional through street from Indian River Drive to a signalized intersection with U.S. 1. The extension was recommended by the Treasure Coast Regional Planning Council via incorporation within the Riverfront Master Plan, and at the City's request was incorporated in the Capt'n Butcher's Floodtide Marina site plan expansion project. As was disclosed during the August 21, 2002 presentation, the right.of-way acquisition cost is $162,204.00, as is referenced. in the attached Vacant Land Contract. Although the City Council previously approved the developer's agreement, further authorization is required prior to the City Manager executing the land purchase agreement for the Jackson Street right-of-way acquisition. RECOM:MENDED ACTION Consider the attached Vacant Land Contract and advise the City Manager accordingly. ':~:~::;::~~~~1.~~-r~k~:;::>_~~'~1.' .' 1 PARTIES AND DESCRIPTION OF PROPERTY z , . SALE AND PURCHASE: Capt'n Butcher, he. ~ and Citv of SebaltillD 4 agree to sell and buy on the terms and conditions specified below the property ("Property" described as: u Address: e- Legal Description: 7' a- 9' 10' (" Seller") ("Buyer" See Attachment A 11' 12' including all improvements and the following additional property: 13' 14' 15 16' 2, PURCHASE PRICE: $ 162.204.00 PRICE AND ANANCING payable by Buyer in U.S. funds as follows: l7' (a) $ 18' 19 :!D' (b)$ 21 ZZ' (c) 23' {d} $ 24' (e)$ 162.204.00 25 . by ("Escrow .A(lent") Deposit received (checks are sLbject to clearance) for 8/g'IahJIB Name ofComp6ny Additional deposit to be made by Effective Date. or_days from Total Financing (see Paragraph 3 below) (express as a dollar amount or percentage) Other: Balance to close (not including Buyer's closing costs, prepaid items and prorations). All fl.rIds paid at closing must be P3id by locally drawn cashiar's check, official creek or 'Mred flnds. 3l' 0 (f) (complete only if purchase price will be determined based on a per unit cost instead of a fixed price) The unit Xl" used to determine the purchase price is 0 lot 0 acre 0 square foot 0 other (specify: .) :28" prorating areas of lass than a full unit. The purchase price will be $ per unit based on a calculation of 29 total area of the Property as certified to Buyer and Seller by a Florida-licensed surveyor in accordance with Paragraph 3J' B(c} of this Contract. The following rights of way and other areas will be excluded from the calculation: 31' 3Z" 3, CASHlFINANCING= (Check as applicable) 0 <a) Buyer will pay cash for the Property with no financing contingency.. :tJ' 0 (b) This Contract is contingent on Buyer qUalifying and obtaining the commltment(s) or appro~s) specIlied below (the "Rnancingj within _ clays from Effective Date [If left blank then Closing Date or 30 days from Effectwe Date, whichever occurs first) (the "Financing Periodj. Buyer wID apply for Rnancing within _ days from Effective Date (5 days if left blank) and will1imely provide any and all credit. employment, financaJ and other Information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the Financing within the Financing Period, either party may cancel this Contract. Upon cancellation, Buyer wiD return to Seller all title evidence, surveys and association docLments provided by Seller, and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from aD interested parties. Buyer will pay all loan expenses. including the lenders title insurance policy. o <') New Financing: Buyer will secure a commitment for new third party financing for $ or _% of the purchase price at the prevailing Interest rate and loan costs. Buyer will keep Seller and Broker fully Informed of the loan application status and progress and authorizes the lender or mortgage broker to disclose all such information to Seller and Broker. o (2) Seller Financing: Buyer will execute a 0 first 0 second purchase money note and mortgage to SeUer in the amount of $ . bearing annual interest at _% and payable as follows: 3(" 36" 36 ':rl 38 :Jg 40 41' 42' 43 44 45" 46' 47' 48 49 The mortgage, note, and FITlY security agreement will be In a fonn acceptable to Sellar and will follow forms generaUy accepted in the county h t e Pr is located; will provide for a late payment fee ,and acceleration at the 8J' Buyer L-) L.J cnl SeIer ad<rloMedge receipt ofa CO(.7f of tis ~I Wich is Page 1 of 6 PcQes. VA0-6 10100 C2000 Ro ' cialIon of RfAL~ AI Rights Ree8lV6d [B@ -- ('.,;;.~~ ;'~~ -..... ~/3 G o 51 52 sa 54 55 56 51" 5S" l5Q" eo- mortgagee's option if Buyer defaults; will give Buyer the right to prepay without penalty all or part ot the principal at any time(s} with interest only to date of payment; will be due on conveyance or sale; will provide for release of contiguous parcels, If applicable; and wUl requirB Buyer to keep liability Insurance on the Property, wtth Seller as additional named insured. Buyer authorizes Seller to obtain credit. employment and other necessary information to determine creditworthiness for the financing. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or not Seller will make the Joan. o (3) Mortgage AssumptJon: Buyer wiD taka title subject to and assume and pay existing fust mortgage to in the approximate amount of $ currently payable at per month including principal, Interest, 0 taxes and insurance and having a 0 fixed 0 other LN# $ (describe) Interest rate of % which 0 will 0 will not escalate upon assumption. My variance In the mortgage will be adjusted tn the balance due at closing with no adjustment to purchase price. Buyer will purchase Seller's escrow acCount dollar for dollar. If the lender disapproves Buyer, or the interest rate upon transfer excBElds _% or the assumption/transfer fee exceeds $ . either party may elect to pay the excess, failing which this agreement will terminate and Buyer's deposit(s) will be returned. ~ CLOSING 58 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on or before ego October 24 . 2002 ,unless extended by other provisions of this Contract. If on Closing Date Insurance 70 underwriting is suspended, Buyer may postpone closing up to 5 days after the insurance suspension is lifted. 61' 62" 63 64" 66" 66 71 5. CLOSING PROCEDURE: COSTS: Closing Will take place in 1he county where the Property is located and may be conducted 72 by electronic means. If title insurance inwes Buyer for title defects arising between the title binder effective date and recording of 7S Buyer's deed, closing agent wil disbUl'Se at closing the net sale proceeds to Seller and brokerage fees to Broker as per Paragraph 74 17. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. 75 (a) Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure tttle; certlfled. 7G" confirmed and ratified special assessment liens; title evidence Of applicable under Paragraph 8}; Other: Tr 78 7~ SO' (b) Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages and recording fees on the deed and financlng statements; loan expenses; pending special assessment liens; lender's title polley at the simultaneous issue rate; inspections; survey and sketch; insurance; Other: (c}Title Evidence and Insurance: Check (1) or (2): i2l (1) Seller will provide a Paragraph 8(8)(1) owner's title insurance commitment as title evidence. i21 Seller 0 Buyer will select the title agent. i2:I Seller 0 Buyer will pay tor the owner's title policy, search, examination and related charges. Each party will pay Its own closing feas. , 0(2) Seller will provide title evidence as specified In Paragraph 8(8)(2).0 SellerO Buyer wUI pay for the owners title policy and select the title agent Seller will pay fees for title searches prior to closing, Including tax search and lien search fees, and 8uyerwlll pay fees for title searches after closing (If any), title examination fees and closing fees. (d) Prorations: The following Items will be made current and prorated as of the day before Closing Date: real estate taxes, interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments tor the current year cannot be detennined, the previous year's rates will be used with adjustment for any exemptions. (e) Tax Withholding: Buyer and Seller wiD comply with the Foreign Investment In Real Property Tax: Act, which may require Seller to provide additional cash at closing If Saller is a "foreign person" as defined by federal law. PROPERTY CONDI1l0N 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present "as Is" condition, with conditions resulting from Buyer's Inspections and casualty damage, If any, excepted. Seller will maintain the landscaping and grounds In a comparable condition and will not engage in or permit any activity that would materially altar the Property's condition without the Buyer's prior written consent. (a) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which flood zone the Property Is in, whether fbod Insurance Is required and what restrictions apply to improving the Property and rebuilding In the event of casualty. (b) Government Regulation: Buyer is advised that changes In government regulations and levels of service which affect Buyer's intended use of the Property will not be grounds for canceling this Contract Ii the Feasibility Study Period has expired or If Buyer has checked choice (c)(2) below. (0) Inspections: (check (1) or (2) below) 0('1) Feasibility Study: Buyer will, at Buyer's axpense and within --.!!.- days from Effective Date ('Feasibility Study Period"), detennlne whether the Property is suitable, in Buyer's sole and absolute discretion, for Citv Street use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and ii'lVestlgations ('Inspections") that Buyer deems necessary to determine to Buyer's 5 . a n the Property's engineering, architectural and environmental properties; zoning and 81 82' S3" 84 S5" B6 WT as aD go 91 Il2 00 Sl4 ~ Gel W Q8 Il9 100 101 102 103 104 105" 1D6" 107' 10B 1D1l 11(1' Buyer L-J L-J ard SeUer V~ 10100 02000 Ao io }-\ 111 zoning restrictions; subdivision statutes; soli and grade; avallability of ac:=ess to pUblic roads. water, and other 112 utilities: consistency with local. state and regional growth management plans; availability of permit:s. government 113 approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability 114 for the Buyer's intended use. If the Property must be rezoned. Buyer will obtain the rezoning from the appropriate 115 government agencies. Seller will sign all documents Buyer is required to file In connection with development or 118 rezoning approvals. 117 Seller gives Buyer, its agents. contractors and assigns, the right to enter the Property at any time during the Feasibility 118 Study Period for too purpose of conducting Inspections; provided. however, that Buyer, Its agents. contractors and 119 assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnIfy and hold Seller harmless 120 from losses. damages. costs, claims and expenses of any nature, including attorneys' fees, expenses and liabllity 121 Incurred in application for rezoning or related proceedings. and from liability to any person, arising from the conduct of 122 any and all Inspections or any work authorized by Buyer. Buyer will not engage In any actMty that could result In a 123 construction lien being filed against the Property without Saller's prior written consent. If this transaction does not 124 close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and 125 retum the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports 126 and other work generated as a result of the Inspections. 127 Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's 128 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement 129 wUl constitute acceptance of the Property as suitable for Buyer's intended use in Its nas Is" condition. If the Property 130 is unacceptable to Buyer and written notice of this fact Is timely delivered to Seller, this Contract will be deemed 131 terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s} will be returned after Escrow 1:32 Agent receiVes proper authorization from ail interested parties. 133" 0 (2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including being 1;)4 satisfied that either public sewerage and water.are available to the Property or the Property will be approved for the 135 Installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations 136 and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental 137 conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations. 138 (d) Subdivided Lands: If this Contract Is for the purchase of subdivided lands, defined by Florida Law as "(8) Any 139 contiguous land which is divided or Is proposed to be divided for the purpose of disposition into 50 or more lots, 140 parcels, units, or Interests; or (b) Any land, whether contiguous or not, which Is dividad or proposed to be divided Into 141 50 or more lots, parcels. units. or interests which are offered as a part of a common promotional plan.". Buyer may 142 canoel this Contrao1 for any reason whatsoever for a period of 7 business days from the date on which Buyer exeoutes 1043 this Contract. if Buyer elects to cancel within the periOd provided, all funds or other property paid by Buyer will be 144 refunded without penalty or obligation wlthln 20 days of the receipt of the notice of cancellation by the developer. 1045 7. RISK OF LOSS; EMINENT DOMAIN: If any portion of the Property Is materially damaged by casualty before closing, 146 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings, 147 or W an eminent domain proceeding Is initiated. Seller will promptly Inform Buyer. Either party may cancel this Contract 148 by written notice to the other within 10 days from Buyer's receipt of Seller's notification. failing which Buyer will close in 149 accordance with this Contract and receive all payments made by the goverrvnent authority or insurance company, if any. 150 TITLE 151 8. mLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative 152 or guardian deed as appropriate to Saller's status. 153 (a) Title Evidence: Title evidence will show legal access to the PropQrty and marketable title of record in Seller in 154 accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of 155" which prevent Buyer's intendad use of the Property as City Street : covenants, easements and 166 restrictions of record; matters of plat; existing zoning and government regulations; oil. gas and mineral rights 01 record if 157 there is no right of entry; current taxes; mortgages that Buyer wRl assume; and encumbrances that Seller will discharge at 158 or before closing. Seller will, prior to closing, deliver to Buyer Seller's choice of one of the follOWing types of title evidence, 159 which must be generally accepted In the county where the Property is locatad (specify In Paragraph 5(e) the selected 160 type). SellarwlU use option (1) In Palm Beach County and option (2) In MiamI-Dade County. 1G1 (1) A title insurance commitment Issued by a Rorlda-lIcensed title insurer in the amount of the purchase price and 1112 subject only to t~le exceptions set forth in this Contract. 103 (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be 184 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the 165 Property recorded In the public records of the county where the Property is located and certlfiad to Effective Date. 165 However If such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed Insurer 157 as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format 165 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent. 1eQ together with copies of all documents recited In the prior policy and in the update. If a prior policy is not available to 170 Seller then (1) above will be the title evidence. Tille evidence win be delivered no later than 10 days before Closing Date. 171 (b) Title Examination: Buyer w I examine the title evidence and deliver written notice to Seller, within 5 days from receipt 172 of title evidence but no later closing, of any defects that make the title unmarketable. Seller will have 30 days from 17'3' Buyer L-J L-J ard Seller rea3Pt of a OOPI oftlis page, Wllch is Page 3 of 6 Pages. V~ 10/00 C2000 ADrii ocIal1on of AeA1.TORS8 AU RIghts RlISEIMld ~j; Q 174 receipt of Buyer's notice of defects ('Curative Period") to cure the detects at Seller's expense. If Seller cures the 175 defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on 116 Closing Date or within 10 days from Buyer's receipt of Seller's notice If Closing Date has passed. If Seller Is unable to 171 cure the defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer win, within 10 days from 178 receipt of Selier's notice. either cancel this Contract or accept title with existing defects and close the transaction. 179 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expanse, have the Property surveyed and deliver written 180 notice to Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property. 181 encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Arw such 182 encroachment or violation will be treated in the same manner as a title defect and Buyer's and Sellers obligations wlll be 183 determined in accordance with subparagraph {b} above, If any part of the Property lies seaward of the coastal 184 construction control line, Seller wnl provide Buyer with an affidavit or survey as required by law delineating the line's 185 location on the property, unless Buyer waives this requirement in writing. 186 MISCELLANEOUS 1B7 9. EFFECTIVE DATE; TIME: The "Effective Date" of this Contract is the date on which the last of the parties initials or 186 signs the latest offer. Time is of the essence for all provisions of this Contract All time periods expressed as days will 1ag be computed in business days (a "business day. is every calendar day except Saturday, Sunday and national legal 100 holidays), except for time periods greater than 60 days, which will be computed In calendar days. If any deadline falls on a 1&1 Saturday, Sunday or national legal holiday, performance wlll be due the next business day. All time periods will end at 5:00 192 p.m. local time (meaning In the county where the Property Is located) of the appropriate day. 193 10. NOTICES: All notices will be made to the parties and Broker by mall, personal delivery or electronic media. Buyer's 1~ failure to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies 105 will render that contingency null and void and the Contract will be construed as if the contingency did not exist 1116 11. COMPLETE AGREEMENT: This Contract Is the entire agreement between Buyer and Seller. Except for brokerage 197 agreements, no prior or present agreements will bind Buyer; Seller or Broker unless Incorporated into this Contract. 198 Modifications of this Contract will not be binding unless in WrIting, signed and delivered by the party to be bound. Signatures. 19l1 initials, documents referenced in this Contract, counterparts and written modifications communiQated electronically or on pacer 200 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typawrttten terms inserted in or 2)1 attached to this Contract prevail over preprinted terms. If any provision of this Contract Is or becomes invalid or unenforceable, 312 all remaining provisiOns will continue to be fully effective. This Contract will not be recorded In any public records. 213 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract wkhout Saller's written consent. The tenns 214 "Buyer," "Seller,. and "Broker" may be singular or plural. this Contract Is binding on the heirs. administrators, executors, 315 personal representatives and assigns [If permitted) of Buyer, Seller and Broker. 2lll DEFAULT AND DISPUTE RESOLUTION 2)7 13. DEFAULT: (8) Seller Default If for BITf reason other tten failure of Seller to make Seller's title marketable after diligent effort, Zl8 Seller falls, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit wItOOut 2lQ waMng the right to seek damages or to seek specific performance as per Paragraph 16. Seller wiD also be liable to Broker for 210 the full amount of the brokerage fee. (b) Buyer Default: If Buyer falls to perform this Contract within the time specified, Including 211 timely payment of all deposits, Saller may choose to retain and collect all deposits paid and agreed to be paid as liquidated 212 damages or to seek specific performance as per Paragraph 16; and Broker wm, upon demand, receive 60% of all deposits . 213 paid and agreed to be paid (to be spilt equally among cooperating brokers) up to the full amount of the brokerage fee. 214 14. DISPUTE RESOLUllON: This Contract will be construed urder Florida law. AD controversies, claims, and other matters In 2115 question arising out of or relating to this transaction or this Contract or Its breach will be settled as follows: 216 (8) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and SeUer will have 30 days from 217 the date conflicting demands are made to attempt to resolve the dispute through mediation. If that faUs, Escrow Agent 218 will submit the dispute, if so required by Rorida law, to Escrow Agent's choice of arbitration. a Florida court or the 2111 Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. 220 (b) All other disputes: Buyer and Seller wlU have 30 days from the date a dispute arises between them to attempt to :121 resolve the matter through mediation, falling which the parties wlll resolve the dispute through neutral binding 222 arbitration In the county where the Property Is located. The arbitrator may not alter the Contract terms or award any 223 remedy not provided for in 1his Contract. The award will be based on the greater weight of the evidence and will 224 state findings of fact and the contractual authority on which It Is based. If the parties agree to usa discovery, It will 2<l5 be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related 226 disputes. Any disputes with a real estate licensee named In Paragraph 17 will be submitted to arbitration only If the zp licensee's broker consents In writing to become a party to the proceeding. This clause will survive closing. :/28 (c) Mediation and Arbitration; Expenses: "Mediation- Is a process in which parties attempt to resolve a dispute by 229 SUbmitting it to an impartlal mediator who facUltates the resolution of the dispute but Vv'ho Is not empowered to impose a 230 settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association (DAM") 231 or other mediator agreed on by the parties. The parties will equally divide the medlatlon fee. If any. -Arbitration-is a 232 process in which the partIes resolve a dispute by a hearing before a neutral person who decides the matter and whose ZI3 decision is binding on the artles. Arbitration will be in accordance with the rUes of the AAA or other arbitrator agreed 234 on 'r:Jy the parties. Each p any arbitration wil pay Its own fess, costs and expenses, inoludlng attomeys' feas, and 236" 6uyw<--.J L-) and Seller ~ recaIpt ofa ~ oftti; page, whlch Is Page 4 of 6 Pages. VAc.5 10100 02000 Ro elation of REALltlRSlIJ All Alc;;tts Reserved . /." ~./ lo/~ 231 will equaUy split the arbitrators' fees and administrative fees of arbitration. In a civil action to enforce an arbitration z:sr award, the prevailing party to the arbitration shall be entitled to recover from the nonprevailing party reasonable 23B attorneys' fees, costs and expenses. 23ll ESCROW AGENT AND BROKER 240 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other Ite~ in 241 escrow and, subject to clearanoe, disburse them upon proper authorization and in acoordance with the terms of this 242 Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for 243 misdelivery of escrowed items to Buyer or Seller, unless the misdelivelY Is due to Escrow Agent's willful breach of this 244 Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the a45 filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the 246 escrowed funds or equivalent and charged and awarded as court costs in favor of the pravalllng party. All claims 247 against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 248 16. PROFESSIONAL ADVICE; BROKER UABILITY: Broker advises Buyer and Seller to verity all facts and representations 249 that are important to them and to consult an appropriate professional for legal advice ~or example, interpreting contracts, 2SO determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, etc.) 251 and for tax, property condition, environmental and other specialized advice. Buyer acknowledges that Broker does not 2S2 reside In the Property and that all representations (oral, written or otherwIse) by Broker are based on Seller 2li3 representations or public records unless Broker indicates personal verification of the representation. Buyer agrees to rely 254 so\a\y on Seller. professional inspectors and governmental agencies for verification of the Property condition and tacts 235 that materially affect property value. Buyer and Seller respectively will pay all costs and expenses, including reasonable 2S6 attorneys' faes at all levels, incurred by Broker and Broker's officers, directors, agents and employees in connection with '25l or arising from Buyer'S or Seller's misstatement or failure to pertorm contractual obligations. Buyer and Seller hold 258 harmless and release Broker and Broker's officers. directors, agents and employees from all tiabillty for loss or damag e 25Q based on (1) Buyer's or Sellar's misstatement or failure to perform contractual obligations; (2) Broker's performance. at 2fK) Buyer's and/or Seller's request, of arry task beyond the scope of services regulated by ChaPter 475, F.S.. as amended, 2lS1 including Broker's referral, recommendation or retention of any vendor; (3) products or services provided by arry vendor, 262 and (Al expenses incurred by any vendor. Buyer and Seller each assume full responsiblllty for selecting and 2113 compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes of this :lll4 paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing. 2fl6 17. BROKERS: The Iicensea(s) and brokerage(s) named below are collectively referred to as "Broker." Seller and Buyer 2Il6 aol<nowledge that the brokerage{s) named belOW are the procuring cause of this transaction. tnstruction to Closing Agent ';!S1 Seller and Buyer direct closing agent to disburse at closing the fuD amount of the brokerage feeS as specified in separate 2lI8 brokerage agraemerits with the parties end cooperative agreements between the brokers, unless Broker has retained such 2l3Q fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees 270 as indicated below. 271. 2'12 Real Estate LJceI\SSEl zn' 214. Broker / ~ fee: ($ or % of Purc/'lSSB Pite) 21S"' R9aI Csf81e /.i;fIns&e Broker I Bro/<Sl'B{J9 fee: ($ or 'l6 of P/Jl'd"lflS8 Pric:9) ADDIT10NAL TERMS 276 Z17* 18. ADDITIONAL TERMS: '08"' 'Of/" 'JBf1' :/B1. 282" '28!' :314. ~ 2S8" zrr 2S8" 2S9" 2SIJ. 291. 2l)2' 2Il3" Zl4. ~ 2ll6* Buyer L-J L-.J er1d Seller 00kn0Madge raOOp\: of a oopf of this l=6Qe, -Mlich is Pegs 5 of 6 Pages. VA4r6 10100 C200Cl Ro Il1bn of F\EALTOR. ~l R1~s ReseMd G~7 r---, 0} li5Ie" 29'r 2ll6" 2ll9' 300" :lOt" 302'" :JOe< ~. 3CW :JOe" :lOr 3OB" SOP" 310- 311. 312" 313" 314" 315" 316" 317' 316" 319" 320" 321" 322 This is intended to be a legally binding contract. If not My understood. seek: the advice of an attorney prior to signing. 323 OFFER AND ACCEPTANCE 324. (Check If applicable: CI Buyer I'llcslved a written real property disclosure statement from Seller before making thLs Offer.) 32fj Buyer offers to PUrchase the Property on the above terms and conditions. Unless this Contract Is signed by Seller and a 326" copy delivered to Buyer no later than 8:00 i2I a.m. 0 p.m. on Fridav. Sentember 20 ,1002 , this offer wlH be 327 revoked and Buyer's deposit refunded subject to clearance of funds. 326" Date: Buyer: Tax ID/SSN: 32ll' Print name: :me Date: Buyer: Print name: Address: 331" Tax JD/SSN: 3:32" Phone: 333" Fax: Tax fOISSN: 3)4" Date: 336" 336" Date: Seller: Tax ID/SSN: ~ Print name: 338" Phone: Address: _ a. Fax: ~ "". 0 Seller ""unteIs Buyer's offer (to accept the countsr offer. Blly<< must sign or HtJs/ tho """",,,, _ '""'" end doIwr a 341. copy of the acceptance to Seller by 5:00 p.m. on ).0 Seller rejects Buyer's offer. 342" Effective Date: (The date on which the last party signed or initialed acceptance of the final offer.) 343" Buyer L-.J L-.J ard sener (--.J L-J acknowledge recept of a copy of this page. Wlich is Page 6 of 6 Pages. The FlorkIa AssoamIon of Fl6Ir.1aw II1d local BolaroIAssoclIlllon or ~1lS IIlIlka no 18l1'll8tntallon llIltD 1he legal 1IIl1dlly or ~ of8", PJllYlslon of this Iotm 111 lIlY SJl8Cllb 1r.Ins8ct/on. This IIBn:lsrdlz8d 10nn should not ~ used In oamplllX bvrraaDllons orllooilll8ttansw "dln Ol" 8dditions. Thls lDllJIls 1MI11Bbl1l' for usa by the 81111I9 rnI 8Stat8lndl.Slly lIl'Id Is nollll1er1dC to 1d8ntftY the usaru a RFALmA. FIfAl:roA Is a "l8I8d colectlwv mlllllblm;/dp mark !hat may be US8d only by realeetalll JJcell588S who 8I1IlTMIrnbeIs of 1111 NliIrblBl Assoc:latbn of RiALTDRS 8I1d who subscrf~ 1c /t$ Code of EIhlcs. b~tl8wB otthe ~ SIaEs (17 U,S. Codal lcvbldtle ~ l&pf\lCtJ;;tIon of bIlr1ktollTlS bt irlIll18Er1s ~fiI:m1ie Of~bme. VAC-6 10100 02000 Florida AesoclatJon of Re.o.L.TORstp All R1gttta Assaivad , vq I." j .r . Between and ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Capt'n Butcher. Inc. SeHer( s) City of Sebastian Buyer(s) concerning the property described as: See Attachment A Buyer and Seller make the following terms and conditions part of the Contract: to/9 This Contract is contingent upon the Buyer and Seller entering into a mutually agreed upon Developer's Agreement to build Jackson Street from North Central to Indian River Drive. The Developer shall have the right to use the square footage of the road right-of-way and parking in all calculations pertaining to the development of Capt'n Butchers in present or future development. The Buyer agrees to execute the necessary paperwork for the Income Tax Credit. Date: Buyer(s): Date: Seller(s): o Attachment A LEGAL DESCRIPTION Commencing at the intersection of the North line of Lot 3/ Estate of August Park, according to the Plat recorded in Plat Book 1, page 19, St. Lucie County Records and the East right of way of Central Avenue, run South 22002'30H East, along said East right of way. 58.31 feet to the Point of Beginning of a 80 feet wide right or way of Jackson, Street. From the Point of Beginning run North 64024'46" East, 34.92 feet; thence South 89020/52" East, 390.87 feet; thence North 63016'OQu East, n.5? feet to the West right of way of Indian River Drive, thence South 26044'00" East, along said West right of way, 80.00 feet; thence South 63016'00" West, 97.06 feet; thence North 89020'52" West; 391.72 feet; thence South 64024'46" West, 21.23 feet to the aforementioned East right of way of Central Avenue: thence North 22002'30" West, along said right of way, 80.15 feet to the Point of Beginning. All the above situate in Indian River County, Florida and containing 0.93 acres, more or less. --- ~jlO ~/1I . . OJ.;:I)(l12l)02 09:34 FAX .....~ - , III 00 2 ~ , # , . DEVELOPER'S CONSTRUCTION AGREEMENT This Agreement is made and entered into this I a. day of 5"'f;Ok"-ib~20021 by and betwcel1 Capt'n Butcher, 1no'1 a Florida corporation. ha.ving its place of business at 1732 h1dian River Drive, Sebastian, Florida 32958, hereinafter referred to as the ..Develope...., and The City of Seba5tian, Florida.. a Florida municipal corporation. havini its place of governance at 122S Main Street1 Sebastian, Florida 32958, hereinafter referred to as the .ICily." From time to time herein, the Developer and the City are referred to individually as ''Party'' and coUectively as the "Parties' . WHEREAS, the Developer is the owner of those certain parcels of land situate within the jurisdictional confines of the City, north ofDa.vis Street, east ofNoJ'th Central Avenue and west of Indian River Drive, and ieneraUy known as the development site of"Capt'n Butcher's Floodtide Marina and Seafood", hereinafter referred to as the "Development", said parcels being more fully described in Exhibit A atUched hereto and incorporated herein by referenoe; and WHEREAS, the City and the Developer have or will enter into a purchase and sale agreement with respect to' a portion of the: Dcvelopment to be conveyed to the City by the Developer as an extension of Jackson Street, an 80' publio right.of-wIlY, from the eastern boundary line of North Central Avenue, westward to the western boundary line of Indian River Drive, hereinafter referred to as the "Jackson Street Extension". said Jackson Street Extension being more fuHy described in Exhibit B attached hereto and incorporated herein by reference; and WHEREAS. the City and the Developer desire and intend to enter into this Agreement to govern and provide for the construction ofthe roadway, drainaac improvements, sidewalks, parking facilities, lighting fixtures and other improvements to the Jackson Street Extension and, . further. to govern and provide for the construction of a 6' wide sidewalk and crosswalk from the eastr:m boundary of North Central Avenue to the eastern boundary of U.S. Highway 1 and adjacent to the northern boundary line of existing Ja.ckson Street, hereinafter rcfCITed to as the "Off'.Site Sidewalk"> both the Jackson Street Extc;nsion and the Off-Site Sidewalk being jointly referred to hereinafter as the "Work". (j) . 07(0.9.'2002 09:34 FAl '. .! ....... , ~ ~003 , . NOW nrElUtFORB, in consideration of the above and tbe mutual promises contained herein and other good and valuable consideration. the Developer and the City. covenant and agreo as follows: 1. CONSTRUCTION OF THE WORK. In accordance with the term. of this Agreement, the Developer hereby agrees to construct the Work in accordlU1oe with the terms and provisions of this Agreement and that ccrtainPaving and Pr~lg. Site Plan by Mosby & "3i""LQO I \o.~t ~.....,,;s~ 9\'l\oJ. ~ Associates, Inc., Engineers, bearing ~e date OU~L _IInl2, Job No. 01-464, the provisions of said , Paving md Drainage Site Plan being incorporated herein by refetence as iffully set forth. The D~eloper, at its discretion, shall have two (2) years from the later of 0) the date of the 1aJ1; Patty executca this Agreement or (u) the date aU requited permits have been iS8U~ to complete the Work. 2. PROJECTED COST OF THE WORK. The Developer has estimated that the cost of construction of the Work will be S J 23,636. SO, the cost being allooated as follows: Asphalt paving S4S,487.S0 ~ ~~OO Drainage 6,000.00 Concrete sidewalks (7,210 squarofeet) 18,025.00 Lighting (12 poles) 35.000.00 Engineering and aurveyina 6,000.00 Miscellaneous gradins. trenching and sodding lQ.lOOO.OO Total $123.212.50 The City agrtc3 to pay the Developer the foregoing sum of$123,212.S0 for the construction of the Work, subjcc;t to adjustments for written and agreed upon change orders and extrll, in the manner act forth hereinaftCJ". 3. PURCHASE AGREEMENT FOR JACKSON Sn..:BET EXTENSION. The City and the Developer will or haw entered into that eertain Purchase and Sale Asrecmcnt with respect to the Jackson Street Extension, hereinafter referred to as the "Purchase Agreement." The Purchase Agreement shall provide that the purchase price for the Jackson Street Extension shall be bued upon the appraised value of the land and drainase area associated with the Jackson Street Extension. said appraisal to be performed by Boyle & Drake. Inc. The Purchase Agreement sball provide that tbe City will pay the Developer cash equal to $4.00 per square foot of the 1/( 2 ~ J'-'-"'~ 200). dd'e....:5 0.- )c.'(~ v...ot- '5 ~~ YO. N 0 CS~<: ~ e.&\~; ~ or ~, f~ ,,~\')ts. 1te. V'o..v... ~~~~~cQ cd- ~~ o..t~ kO-s (L~ :",.+:o-( deJe of 1G..\/\.u.<<w,,- :Loo I ('4..\J~~i) ,,\\,\\b'l ~& "il\).\o~, . -l J .,. ~'Ll ~~~ u-\-J ~vY\.l~ 07fQ9!~002 09:35 rAX . .' . t .'t.., . . , (4) 004 II.ppraised value and the balance of the appraised value shall be given to the Developer in tho ronn of a charitable income tax deduction under Section 170 or other similar section ot"the Internal Revenue Code. Furthermore, the Purchase Agreement shall provide that the Developer will grant the City a storm water drainage easement from the Jackson Street Extension to the storm water management and retention pond situated in the southerly portion of the Devdopment and east of Indian River Drive and that the Developer or its successors and assigns will maintain at its cost the aforesaid storm water management and retention pond. 4. SUBCONTRACTORS AND MATERIAL MEN. The Developer shall solicit bids for all portions of the Work not to be constructed by the Developer's own omployees. Approval or non. approval or conditional approval of the bids ofsub.contractors and material men shall be in the Developer's sole and absolute discretion. All sub-contracts shall provide for similar or incorporate the safety, insurance, workmanship and warranty ternu and provisions of this Agreement. Upon acceptance of the sub.contractor's work or the material men's material. the Developer shall promptly pay the sub.contractor or material man in accordance with the terms and provisions of the separate agreement between the Developer and the sub-wntractor or material man. S. PROGRESS REPORTS. The Developer shall provide the City with periodic progress reports concerning the constNction oft1\e Work or the City's authorized representatives may periodically visit and inspect the site of the Work. 6. BunnER OF RECORD. The Developer or aD. Adams. Inc., ~eral Contractor, will be the builder of record with respect to alllieensing and permitting requirements of applicable governmental agencies or bodies, including the City, having jurisdiction over construction of the Work. The Developer or RD. Adams, Inc. will maintain its corporate entity and all licenses and permits in active status and in good standing for the duration of this Agreement. 1. CONVEYANCE OF THE WORK TO THE CITY. Upon completion of tho Work iUld acceptance thereof by the City. the Developer shall convey title to the Work by deed andlor bill of sale, u appropriate, to the City in accordance with the terms and provisions of that certain purchase and sale asreement by and between the parties to this Agreement. UpOd. conveyance of 3 1/~ IaJ 005 I ( I ~< $c: Wqrk to the City,'the City shall be rospo11SJble for all further repairs and maintenance to the Work. ~ . ; .' . , 8. ACKN9,WLEDGMBNT~, REPRESENTATIONS AND WARRANTIES OF ..... .. THli bEVELOPER. lJ'he Dsve10per acknowledges. represents and warrAnts 10 tho City and, in ' . enterh1g Into this Agreem~t. tho City is relying upon, the following: A Tho Developer i. dulyorganized, validly existing and In good standirJs under the laws ofth. State of Florida and is quilified to do businw in the State orFlorid,.,~ a tOt profit corporation onsaged in tho bUMClS of rtal estate clevdopnent. This Agreement and any transactions contemplated hereby will 114 result in any violation o( or default under, anyteml or condition of any agreement, instrument. portgagc. Joan agncmcnt or similar document to which the Developer 1& a party or by which the Pevsloper is bound. There is no litigation, investigation or proceeding pending. not to the knowl~ge of the DO'Vdoper conttmpIated or threatened, apinst the Developer, which would imp~theI>eveloper Or adversely affect the Developer. ability to pcrtbnn itl obU,ations under ~.efm.,t:, B. Tbo;Pcv:oloper hu,~and is t"uniUar -..ith the tenns and provisiom of this Agreement and allattachn'lents her.-oryonstruotion documents referenced herein and the nature of the Work to be constrv~$I. . C. The 1'>....... will ~.lnI1y and timely pelt",. aD of the tespomibillllos one! obligations of the Developer set forth in ~ Agreement. D. All work shall be pcrf+cd by the Developer. the sub-contractors and materialmen in a skiiliUl and worlcma~ marmer. E. Tho Developer sh&1l1p1y with and abide by aU permits, approvals, Jaw$. ordinances, covenants, rules and roauIa*s and buildinS codes with respect to the Work. 9. DBF AUL T AND RBMP,Irss. In the event of a def'ault under the terms of this I A.3reement on the put of either PIUty. tf other Party may tuminate this Agreement and the I I otherparty's further perfonnance ofthrnstruction of the Work or this Agreement. Provided the Developer is in default, tho City ma~so require, and the Developer agrees, to remove all rubble and debris from the site olrhe "'rk. Bither Pany may purlUClIIIY one or more ita rights, options, or remedi.s herein, or may pu~e any other remedy 111&w or in equity, whether or oot 4 -I ~ !J , 07:&9.2002 09:36 FAX , . '..... . . III 006 stated in this Agreement. 10. NO ASSIGNMENT. The Developer shall not assign its rights under this Asreeme:nt without the prior written consent of the City, such written ~nsent not to be unreasonably withheld. II. ARCHITECTURAL DESIGNS AND DATA A Title to all drawings. dCSlifl5, specifications, architectural designs of buildings and structures, notes and other architect-engineering work produced in the performance of this Agreement, or ill contemplation hereof, and all as-built drawings produced after completion of the Work, hereinafter oollectively referred to as "Data", shall vest in the City. The Data shall remain the sole property oftbe City and ma.y be used by the Developer on any other work or otber portions of the Development. The Developer ~hall not assert any rights or establish any claim to the Data under the design patent or copyright laws 8J1d shall not publish or reproduce such Data in whole or in part Of in any manner or fonn, Of authorize others to do so, without the written consent of'the City. B. The Developer shall furnish or provide aete>> to copies of all as built drawiJ1BS or engineering dra.wing$ or $imilar materials upon tl1e request of the City. 12. SITE CONDmONS. The Developer shall promptly, and before such conditions are disturbed, natU)' the City of $Ub-surface or latent physical conditiom at 1h~ site of the Work: differing materiaUy from those ordinarily found, or unknown physical conditions at the site of the Work, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as impeding the Work provided for in this Agreement. The Developer shall not bl'l obligated to relocate utilities or material obstructions found in the construction of the Off'- Site Sidewalk rurming from the east boundary of North Central Avenue, along and adjacent to the north boundary of existing 1ackson Street to the cast boundary of U.S. Highway 1. Htlle City desires the relocation of utilities or obstructions in the construction of tbe OtT-Site Sidewalk, then the parties agree that the Developer (i) may be pa.id additional funds equal to the Developer', increase in cost or (ii) may receive odler acceptable credit from the City or (Hi) the City may terminate this Agreement as to the Off-Site Sidewalk portion of the Work. 13. CLEANING UP. The Developer ,nail at all times keep the oonstruction areu and 5 1A . 01<O~/2002 09:38 FAX ~007 the site oiths Work, including storago areas used by it, free from accumulations of waste material or rubbish. Prior to completion of the Work, the Developer shall r~move any rubbish .from and about the site of the Work and all too)$, equipment, and materials. Upon completion of the Worle, the Developer shalllea.ve the Work and prcmiacs in a clean. neat and wodananlikc condition. 14. CITY BUILDING PERMITS. Upon execution otthis Agreement and upon tbe City's approval of the Developer's Paving and Drainage Site Plan the City will promptly iNUe aU required permits for the commencement oCtile Work. 15. P.ARKlNG. Upon the City's approval of tho Paving and Drainap Site Plan, the parking data provided and the parking spaces depicted in the approved Paving and Drainage Site Plan will be utilized by the Developer to meet the City's parking criteria fot the entire Development. The Parties specifically agree that those parking spaces depicted and located in the cemer of the Jacbon Street Extemion and allan street parking depicted in the &pproved Paving and Drainage Site Plan are ~ufficient for the CTItire Development. 16. EXCUSABLE DELAYS. The Developer shaD not be liable for any delays in perfonnance or failure to perfonn due to causes beyond tho control and without the fault ot negligence of the Developer. Such caUHS include but are not limited to. acts of God, act$ of the public enemy, the act or failure to act orany governmental entity or body, hulTicanes. fires, floods, epidemics, quarantine restrictions, strikes. embargoes, unusually leVere weather, or delays of sub-contract.ors or materia! men arising ftom unforeseeable causes beyond the control and without the fault or negligence of such sub-contractors or material men. 17. INDUSTRIAL LAWS AND BENEFITS. The Developer, in an matters relatins to this Agreement, shall be acting as an independent contractor. Neither the Developer nor any of the persons fUrnishing materials or performing work or services which are required by this Agreement are employees of the City within the meaning of or the application of any federal or state unemployment insurance law, Social Security, or a:'lY Workmen's Compensation, industrial a.ccident law, or other industrial or labor law. The Developer, at ill own C"pense, .haIl comply with all such laws, and assumo all obligations imposed by anyone or more such laws with respect to this Agreement. 6 {/f 07;'Q9/2002 09:37 FAX 141 008 , ,. . . 18. INSPECTION AND ACCEPTANCE. A. Inspection. testing and verification by the City of material and workmanship required by this Agreement shall be made at reasonable times and at the site of the Work B. Prior to the time otcompletion otany portion of tho Work, tho Developer ahall replace, without charge, any defective or DOQ.COnforming material or correct any workmanship found by the City to be defective or not to conform to the requiremems of this Agreement. The Developer shaU $cgregate promptly and remove rejected material from the site of the Work. C. If the Developer does not replace promptly rejected material or correct rejected workmanship, the City may, by agreement or otherwise, replace such rejected material or correct such workmanship and chargo tho cost thereof to the Developer, or terminate the Developers risht to proceed to perform the Work in accordance with thb Agroement. D. All inspections., tests and verifications by the City shall be performed in such manner as to not uMecessarily delay the Work. E. Should it be considered nece>>aty or advisable by the City at any time before acceptance of the Work to make an examlnation ofthe Work to the extent already completed, by removing or tearing out same, the Developer shall reasonably accommodate the ~Jtmin.llt:ion. If such Work is found to be defective or nonconforming in any material respect, the DevelopCT IIhall bear ,11 the ~pcn'c, of such examination and of aatisfactory reconstruction. It: however, such Work is found to meet the requirements of this Agreement, the City shall pay the additional cost therefor to the Developer and, if completion of the Work has been delayed thereby, the Developer shall, in addition. be granted a reasonable mension of time. F. The City shall have ten (10) business days1i'om the Developer's notification that the Work is complete to conduct its final inspectiun of the Work and to aoccpt the Work. With tbe exception orthe lighting fixtures, upon acceptance of the Work payment of the sum set forth in Paragraph 2 above shall be remitted to the Developer. Paymmt of the sums in Paragraph 2 allocated to lighting fixtures shall be remitted to the Developer by the City within twenty (20) business days of delivay of the lighting fOOures. Acceptance shall be final and conclusivo eKcopt as regardllatent defects, fraud, or such gross mistakes as may amount to fraud. 19. INSURANCE. Before commencing the Work. the Developer shalJ procure and 7 1/\0 , 07/09/2002 09:37 F~t ~009 . . . to '.' . . maintain during the entire tcnn oltbis Asreement insuranco oftbc kinds and limits enumerated hereunder and on terms and with an insurance carrier satisfactory to the City. Certificates of such insurance iwed by the Developets insurance carrier shall be delivered to the City before the CQmmenc:ement of the Work, shaD name the City IS an additional insured thereon, shall confirm that the insurance policy corrtains a provision that prohibits cancellation, temUn&tion, modification or rodu~OC1 of coverage or benenu without at least 30 days prior written notice to the City, and shaD set forth the followina: A. Workmen's Compensation Insurance. The Developer, if it utibea its workmen for the construction oftbc Work, and the sub-contractors shall have in etrect Workmen's Compensation Insurance in the amounts required by the laws of tho State of Florida, including employerls liability coverage of'not loss than S100,000.00 for bodUy lnjUt)' by each accident, SlOO,OOO.OO for bodily injury by eacn occupational disease and $500,000.00 aorepte poUc:y limit for bodily injury by accident or oocuplLtional disease. B. Comprehenslve General Liability Insurance. The Developer and sub-contractor, shall have in effect poUcies of generalliabiUty insurance for all operations, includini products UabDity for any product manufactured or assembled, hazards of operations. independen.t contractors, completed operations. contnctualliability (;Overage (including this Agreement) and other coveraacs net less than that of the standard commercial general liability insurance policy. Cover.. shall apply to claim. ariling from death. bodily injury and property damage in limit. not less than $500,000.00 for each occurrence, $1.000,000.00 agsregate and S500,Ooo.00 productsleornpletcd operations aggNgate limit. The polic:iCl shall b. endorsed to be prinwy and non-contributory to any insurance that may be maintained by or on behalf or the City. C. Comprehensive Automobile Uability Insurance. The Developer and sub- contractors ,ball have in doct automobile liability insurance coverage on all owned, non-owned and hired automobiles. trucks. traDen and other operable vehicles or equipment used by the Developer and sub-contractors in performance of the Work. The coverage sh&U not be leIS than that of the standard business automobile liability policy in limiu of not less than $500.000.00 combined single limIt for each occurrence tor bodily injury or death and property damage or bodny injury limits of$loo,OOO.OO per person I $300.000.00 per accident and property damage 8 1// .O~:09/2002 09:38 FAX '... . ,.. IaI 010 limit~ ofSSOO,OOO.OOper accident. 20. MANO;F AC'I'URES W ARRANTffiS. Man\,\taC1Uret1 warranti~s received by the .~ , :. \ :> Develppcr which arc aPplicable to any m~erialJ equjpmen~, parts, property and services furnished -, ~ ;(. by thc\Dcveloper uncle; this Aareement shall survive acceptance and shall benefit the City. _.; l, . 21. MATERIAL AND WORKMANSHIP. All equipment. material and articles incorporated in the Work covered by thia Agreement are to be the most suitable srade per the Pavins and Drainage Site Plan for the purpose intended. R.eference to any equipment. material, article, or patented process by trade nlU1le, make, or catalog number shall be regarded as establishing a standard of quality and the Developer may, with tho City's prior written approval. substitute any equipment, material. article or process which in the judgment oftbe Developer is equal to that named. Tho Developer shall furnish to the City for the City's approval tho name of the manufacturer, the model number, and other identifying data and information respec:tins the ped'ormancc, capacity, nllture, and rating ofth. machinery, 1l14terial, equipment or articles which the Developer contemplates incorporating in the Work as substitute equipment or articles. 22. STORAGE AREAS AND ACCESS. Tho Developer ,hall, to the extent possible, use established road waY$ or construct and use such temporary road ways as may be necessary to access the Work and storage facilities. When materials are transported in the execution otthe Work, vehicles shall not be loaded beyond the loadinS capacity recommended by the manufacturer of the vehicles or prescribed by any Jawor resulation or as limited by tbe existing ~e or sulJ. surface of the land or roadway. When it is necessary to cross curbing or sidewalks protection against damage shaU be provided by the Developer and any damaged roads, curbings or sidewalks shall be repaired by, or at the expense of. the Developer and without cost or expense to the City. The Developer shall, except as needed in the ordinary course oftha Developer's performance of the Work, keep the construction site free from hazardous materials as defined under federal, state or locallaw5, rules, or regulations. Without limiting the foregoing, the Developer will not cause or permit the Work to be used to generate. manufacture. refine, transport, treat. store, handle, dispose, transfer, produce or process hazardous materials except in compliance with all applicable federal, "ate and 10callaW$, rulca or rcSUlations. The Developer will conduct and complete all investigations. studies, sampling and testing, and all remedial, removal and other actioM neccJsary 9 1/<:6 . ot/a9/2002 09;38 FAX . . . . r I. ~Oll to Clean up and remove all hazardous materials on. &om or dfcoting the Work. Further, the Developer will dcfsnd. indemnify and hold harmless the City from and Iliainst any claims, demands. penalties, fines, liabilities, settlements, damasea. costs or expenses of whatever kind or nature, knOWD or unknown. contingent or otherwise, arising out o~ or in any way related to (i) the presence, disposal.. release or threatened reIeue of any hazardous material. which lIlt left on or in tho soil, water, vegetation. persons, or anima1J by the Developer, Cii) any personal injwy or death or property damail arising out of or related to Neb use ofhazardous materials by the Developer. (Iii) lUl)' violation by the Developer oflaws, orders, reauJations., requirementa or demandJ of &overMtental authoritiC$, (tv) any lawsuit, settlement, clean up, remedial or mitigation proifam or process against the Developer, or (v) an investigative costs, consultant fees, laboratory fees, court costs, attorneys fees and ~ert fees. At the conclusion of the Developer's performance of the Work, tho Developer will return the Work and the construction sIto to tbe City free ofany and all hanrdou$ materials so that the condjtion of the Work and the construetion site shaD be in substantially the same environmental condition as when the Developer first began construction otthe Work. 23. SAFETY. A The Developer shall be responsible (0.. aafety rolated to and during the perfOnnance this Agreement and prosecution oftho Work. The Developer shall insure that its employees and the employees oCits sub-contractors and material men are notified of and observe and abide by aU federal>> state and local safety regulations and laws including but not limited to those issued by the City or the Developer. and any revisions of the foregoing that may hereinafter be applicable. B. The Developer shall immediately notify the City of any damage to property and/or if1iury to, or death of; pCf10ns whioh occurs in coMection with the Work. C. The Developer will defend, indemnifY and hold hannless the City from and against any o1aims, demands, liabilities, settlements, damages, costs or expenses of whatever kind or nature, known or unknown, contingent or otherwiJe, arising out of. or in any way related to lIlY injury or death to persons or property damago during the construction of the Jackson Street Extension. 10 1;g < 01/09/2002 09:39 FAX 1lI0u f' ,.... '.. . . 24. SPECIFICATIONS AND DM WlNGS. Anythinl mentioned in the specifications and not shown on the drawinas. or shown on the drawings and not mentioned in the specificationa, shaU be of like effect as if shown or mentioned in both. In cue of difference between drawings and specifications. the specifications shall govern. In case of discrepancy either in the figures, in tbe drawings, or in the specit1cations, the matter shall be submitted promptly to the City who shall make a detennlnation promptly In writing. 25. SUPERINTENDENCE BY THE DEVELOPER. The Developer &hall have a competent foreman or superintendent, reuonably satisfactoJ)' to the City. on the Work site &t all times during the performance of the Work. Said foreman or superintendent shlll1 have the authority to act fot the Developer. 26. WARRANTY OF CONSTRUCTION. In addition to any other warranties in this Agreement, the Developer warrants that the Work performed under this Agreement conforms to this Agreement's requirements, specifications and drawings and is free from defects in design or worknuwhip performed by the Developer or any of its sub-contractolll or material men. 27. MISCBLLANEOUS. A. Any notice, or other communication betw~en tne Parties in connection with this Agreement shall be in writing and delivered in person to any officer or duly authorized representative of the other Party or the Party for whom intended at the address (subject to change by written Dotifloa.tion to the other party) set forth above. B. This Agreement has been negotiated and ~ccuted in the State ofFJorida and shalt be ioverncd by and constcued under the Jawl of the State of Florida and jurisdiction is agrMd to vest in the courts of Indian River County. FJocida. C. This Agreement may be executed in one or more eounterpans. each of which shall be deemed an original. but all ofwmch together shall constitute one and the same instrument. D. The Parties shall each cooperate with the other in good faith and sball execute such further documents and shall perform such further acts IS may be reasonable necessary or appropriate to carry out and accomplish the intent of this Agreement. E. This Agreement, and cxmoits attached hereto or expressly made a pm hereof: 11 '1/\0 . .07/0"3/2002 09:39 FAl ... ..1... ~ ~. .... r ~013 embodies the entire Agreement and understanding of the Parties and supersed~ all prior agreement. and understandinas, written or oral, between the Parties with respect to the subject matter hereof: IN WITNESS WHEREOF, the Developer and the City have executed this Agreement which II effective U of the dale indicated above. By; City of Sebastian, Florida ~~~~ Attest C, City Clerk -- ' Approved as to form and Jc:sality..for reliance ~Th~ Ch Stringer, City mey 12 ,{"II n!IUTn I~ :~:..I~Sll 5Il1l-ltddt,,,,,"d .tam~d envelope) C~ Professional Title 1546 N.U.S. #1 Sebastian, Florida IO.S-O IfJ~,lo~ !i .j f ~ ! 1 (J WARRANTY DEED FROM CORPORATION 32958 This Inslrumenl Prr. red by: Professional Title 1546 N.U.S. #l Sebastian, Florida IlllI:MNTARrSTAIU'S OEm. ~/3~,/O NOTE . JEFFREY It BARroN, Cl.ERII INDlAN RIVER COUNlY SPACE ABC:NE THIS UNE FOR REccnolNG OATA 32958 IN THE RECORDS OF JEFFREY K BARTON CLERK CIRCUIT C:JURT INDIAN RIVER CO., FlA P,operly Appraise,s Parcel Ide!'tlflcallon (Foliol Number!sl: Granleelsl 5.S. #Is): SPACE ABOVE THIS UNE FOR PROCESSING DATA P-31376 IDlfi.6 :lfarranttl IJetil Made and executed the ,r1fJ: day of (}UiIiIv Capt'n Butcher, Inc. a corpo~ti"'JJexiJting under the lo.w'ioJ !.loridl}..I ' and having its principal Jlla.ce afbusiness at rO IVIt' 19./041j ~/.D. g~q19' hereinoJter called the grantor, to City of Sebastian whose post ojJi.ce address is f" ~!' ~ St.) S> ~ J $j .5~9~r hereinafter cO:lled the grantee: ~':='~U::. h:dln,:~'":i 1:~~~~~~:OUC: ~lh:;;;'1lF ~ =:.:rtancllh'hel~ Iepl lilIIit1ltlJl~tt4: That the said grantor; for and in consideration of the sum of$ 10.00 and other vo.luable considerations, receipt whereof is herel1y acknowledged, I1y these presents does grant, bargain, sel~ alien, remise, release, convey and C01>Jirm. unto the grantee all that certain land situate in Indian River County, State oj Florida , w: A.D,&&1#,\y **See Attachment "A" Subject to all valid restrictions, reservations, easements and zoning of record. lllvytt1ltr. with all the tenements, hereditam.ents and appurtenances thereto belonging or in anywise appertaining. lllu ]Jant auu tv JJlvlu. the sam.e in fee simple forever. l\.uu the grantor herel1y COVenants with said grantee that it is lawJully seized of said lo.nd in fee simple; thai it has good right and lo.wJul authority to sell and comey said lo.nd; that it herel1y fully warrants the title to said lo.nd and will d4end the same against the lo.wful claims oj all persons whomsoever; and that said land is free of o.ll encumbrances. (CORPORATE SEAL) Jill JIIitUt.ll.ll lilII1ltrtUf the said gra.ntor has caused these presents to be exeeuted in its nam.e, and its corporate 8eal to be hereunto afftXed, by its proper officers thereunto duly authorized, the day and year first above ~ .~ ~.- Harold Adams ri, 'd M_S1,",,~$""~~ ~ l.ri,....N~ folly. e. Coe...- STATE OF J.{p//.{o(.v 0 '. _ . COUNTY OF J!r>cUa-rV /UVVl./ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and In the County aforesaid ~o take acknowledgments, personally appeared Harold Adanis well known to me ~nDwn to be the Capt'n Bu~cher, Inc. l'rinLed Name President Bod . regpectively of SEA s-""~P~~ ;4r:\ ~\n -a.O'1;,Jo ~.f CYNTHIA M. RICH NCIWt Public. Slate 01 florida My Com~b-slon Exp. May 17. 2 Commission # CC994680 c...J <.C N ill ~ \..D o '" :z o <:: I J=' " 3: -f.' ~ o :0 c.r. c...: .;::- " = N ..,- Il:JO ~ /1 I , .'( fVt , .- ,....:>.,."<I-c;tI' o > to N q =J; ~ ~ ... ::J Q ::r::JN 3 ~ 5' W o P \J:I Q, ~ CT. II ~ 0 o < ., l'I ~ '" '" -+ '^ C o -+ ~ ::3 H ::3 a. p' ::3 -+ OJ~ H........, Q:lm;o"""OC") ~"?~ 5.~ ~ o~ ~ ~ 03 N' o. -+ -.. -+ 0 F ~Qm:3-+~(1)' "'03 OU'lO;o:r.,~~g.n~ ., N"8 -. ~.... 0 n n ~ . < '::J :r ~ ::J p 0 :::s ~~ ~-t.~ ~ o-a:~ 5..cl...o ~~!la~z~~~;.~~ -+ o' " " < ~ A.o' ~ -+ -+ ~ W....l'I :}~=;a~~ if [~:[ ;'~m~~ ~ ~,~ \J:I ~ N ~ ~ ~ ~ ~ ~~. ~ ~ e. .., i ~ ~ g 'w : ~ ~ i ~ ~'~ :+::r~ ~ ~ ~ ~ ; i ;- ~ g' 10 ~o-:rlJ\-...f>'<Oa...O :;~::3~N:+~~' -<~:: o ~ ~ ~ 1 :::I ~ g ~ ~ 5" ~ -~ (J\8~u.-+(fIw<"'>-aZ ~ 0 g 'O~ir~_~ j5""~ ~ -., ~ ~ q ~ ~ .~ ~ :;- ;, :;:. O)~~I:~~~"':~g ::I !=>~N'-+~cig"O ~:ra u;a~\()' -+-+di-~_o -~~e..:r:r3 ~ ~ 15- _)..0-00"00 ~.~lOr ~~~:~~~~~~:~ c ~ l'I e. '^ Q ~ ~ -+!"."'~ -+U\ooV\ m : ~ : -+ ~~. N ='+ -: g ~ ~ if~ ~~l'I :r~~~ :;.~~ :3 N ::J ~ 0 ~ to 5' N n 0 -0 ~ W ~ ., ...... l'I~' N ~ -... 2. -.. W I.O::J 0 ::3 Z ~ Z 'g- ~ ~ 5' \0 0 ~ ~ -+ 3. : 3. "'0 '<0 ~ g. ~ :::0 ~ S ~::ro :r...........,.,-.jU) 0 :,<::' ;0 ::C" ~ ., I"'l o C ::J -+ :< ,.. 0- ., a.: D o ::J a. n o :3 -+ o ~" ::J 10 9 '-0 W r m G'\ > r o m 01 I"'l ;0 H ~ ;:1 o z ~ l>> n ::r 3 (l :J )> il BUYERS CLOSING STf PROFESSIONAL TITLE OF INDIAf\ 1546 N, U.S. 1, SEBASTIAN, FLOR '::<-........--.....-::-"" rr!indr {RicA PROFESSIONAL lTTLE OF INDIAN RIVER INC. 1546 N. U.S. HIGHWAY 1 SEBASTIAN, FLORIDA 32958 SELLER: Capt'n Butcher, Inc. PURCHASER: City of Sebastian LEGAL DESCRIPTION: Metes and bounds, Indian River County. Charge, lor waler, gas, elec~iei!y, IlUes, ele, on personal ploperty are nol adjusled. This company assumes no Iiabiliiy lor eny ollhese ilems, 1;".8 unders'"",,.; re"~i aoknowl8dgelhal ihe lunds collecled allhis selllemanl may bo held in an inlerBst-bearing accounl with the inleresl aCCfuing and laxable 10 Proressional Title. \0 01'5J3! escrow axn':1tir";Q costs. BAREFOOT LANDTTTLE INSURANCE COMPANY BAREFOOT BAY. FlORIDA (561) 589-3231 (561) 589-3232 FAX (561) 589-3233 I 11'-"'"'' ,-"-' BROKER: Realt\' Kin>; EXPENSES 3; 162,204.00 3; 10.50 3; 3i 3i 3; 3; 3; 3; 3; 162,214.50 1; Purchase Price Recording and Updale lees Tille Insurance State Documentary Stamps . Hazard Insurance Membership Fee Mainlenance Fee Mobile Home Fee Amorlization Schedule $ TOTAL EXPENSES CREDITS Deposit Held by Mortgage 10 Seller Real Estale Tax Proralioll From 10 (Based upon a yearly estimate of $ _/'jear, If differenl from acluallax bill, purchaser and seller agree 10 adjust same.) 3; 3; 3; ~; 3; $ $ -0- -- 162,214.50 J TOTAL CREDITS BALANCE DUE FROM PURCHASER (GashiMs or Bank-Issued Check made payable to Professional Tille 01 Indian River, Inc:.) "'---. , /' I have read Ihis CI.CjsingStateme.r>l-and hereby approve same. ,- ...-//- -- Cify of Sebastian JOG 6/20/93 ~/~ g/3 CITY OF SEBASTIAN CHAPTER 9: CAPITAL IMPROVEMENTS ELEMENT TABLE IX-2.1 (Continued from Drevlous oaae) Blossom Park (Zone A) Southslde Reaeatlon Comolex (Zone C) PeriwinklelSeashore Park (Zone Dl Stonecroo Street Park S. WmbrowfAzine Terr Park Southslde Recreation ComolS)( (Zone C) Sebastian Civic Center (Zone C) Southslde RecreatIon ComDlex (Zone C) Sebastian Civic Center (Zon~ Cl Southside Recreation ComDlex (Zone Cl Golf Course - Club House Exoansion Golf Course - Build Four (41 Tennis Courts Golf Course - Rebuild Golf Course Restrooms Public Faclfltfe 2004-05 2004-05 2005-06 2005-06 2005-06 2005-06 2006-07 2006-07 2007-08 2007-08 ~ ~ ~ ~ ~ 2003-04 2005-06 $30.000 $400.000 w.gQQ ~ ~ 5400.000 51.000.000 $400.000 $1.000.000 $400.000 $205.000 5200.000 $470.000 Fu o TABLE IX-2.2: CURRENTLY FUNDED CAPITAL IMPROVEMENT PROJECTS 1m rovement ~ Year Funded Schedule nts Barber street imorovements Phase II Barber street imDrtlVements Phase III (Bridae Widenina) 512 A1lev imDrClvements Louisiana Ave ImDrovements FY 200012001 FY 200012OO1 FY 200112002 FY 200112002 Road Reconstruction Road Pavina Jackson Street Extension FY 200212003 FY 200212003 FY 2002/2003 FY 200112002 FY 200112002 Comprehensive Plan Goals, Objectives and Policies Q9I21199 1210312002 Cost 5314.920 $174000 5353.680 51.000.000 $210.000 5240.000 $312.000 $107.139 519.059 Fundln Source , .~ lI:" -l~' . 1,1'11'~,..',r'!....,'I..,'-''i1 I ;' I :;.ii' lid ..J ~ Z ,W z~ o~ za: ~ W C en c z ..J~ <(LL OW W~ o.Z enW > W a: W o :; a:C wz en~ ~LL EO W C ~ t: :> .. ~ ...J~ ~O _W c.'") <(0 Oa: 0. ~ :J i:l J L ~ Z J:W ~~ 0" a:<( "Z <( ~ ~ ~ ~ Q ~ ~ ~ < ~ < ~ Q Q M I M Q Q M < Q ~.. o ~ ~ Z :$ ~ rJ'l '< ~ ~ rJ'l ~ o ~ ~ 1-4 U 00 E-t Z ~ ~ ~ o ~ ~ ~ ~ < E-t ~ ~ < U r.. ~I .. OJ ..:: r.. ... ;:l 00 tIJ t: -=\ <= l: Q.::l .!:: ... < ....~ -=\ - '-- c o ;:l ;:l ~8'" r.. ~. "'Cl ~ol: ~._ ::l es'" ~~ t 00 ... I:: .~ ..... ... OJ ~ ~ lloll llol Q. llol bE'" ..- ~ ... I: ... llol ~ e til r.. c.._ C;:~.1~ ~ ~ .ra ._ llol Q ~-= llol ~ C ~ I:: '" .!a llol 1<\ .....--=' t~E-< OJ '" Q C I< ~ 0 ~ OJ;:E-< o Q. '" ~o~ '; -=\ t l: I: ::l llol... ~, ~I 000 000 000 o 0 C'<l ...... "'" ...... N N C'"l o o o o 0\ , ~ o C'"l ...... o 8 o ...... N 8 o V") ..... .~ '" :.J.~ ~ = '0 >< E E ~ ~ '" l:lll 0 ,.. 6 d .l:l e u 'S: CI) ~ ~ 6 .5j -= -= '" l & & ~ ~ tt \0 V"} "l ..... 00 ..... '" ~ = ~ ~ ~ ~ .><i ~ ~ "C ~ C .g = r;; '" 1) "C {;i 00 \0 C'"l 0\ 00 o o o o V"} ...... o o c o -<t 1- o 8 o V"} ..... ,}< 0;:;'0 :~ '(' 00 \0 C'"l 0\ 00 ..... -= == fa 'ti o 0 s ~ ~ ~j ".;:; ~ .1:: 0 := 0 ~ 0 "~ ~.~ e ~ ~] ~ .! E"'-J .~ ... ;::l ~ ~ ~ 'ti ti CI) ~ . ~ '0 0 s'ti ClOd o ~~ ~d03 . ...... ,...., ~ '" o a 0 ~o.l:l ~...... 0 ~:::: d .....,;.>'-' ~ ~ l:lll 0 ..l:l u .S l:lll CI).~ ~ 03 otlo6h 1:3 is: 0 r;; o CJ -173- o o q V"} t- 8 .n t- .~ ~ ~ :sa .g~ ~ ~ ~ ~ ~ - NO'C ...... ;,;> P ] o.."'Obo .g 'g.S ~ ~g ~ ~ ~ 6b~ "8 ~.~.OS~ ~ .,......-4. b.Q - ...~~~~ ~ gfgr;; a ~~~.~.~ 1l ~ ~ ~' '~ :9 - ~ ~ o o o .n t- 8 .n t- ,.. '0 o:l S '" ti: .~ ~ ...... _\::< '; '0 \.:.J f3 ~] ~ ~ 15' ~ ~"t} ~ ~ d ~ 03 ~ ... ~ ~ goQ~ ",.a fa g d ._ U ~ ~ f3 CI) o o o. V"} t- 8. V"} t- o:S '" ~& o:l ~] ...... 0- 03 0 ,0- 0'" gj ~ ~ 03 -~ u . E .S d g 8~ .,"1 ,~ 't..... '~ ~. 1 ~~...' . J .. .-' Regular City Council Meeting April 9, 2003 Page Five MOTION by BarczyklConiglio "Hearing that, I move to approve item D." ROLL CALL: Mayor Barnes Mr. Coniglio Mr. Barczyk Mr. Hill Mr. McCollum - aye - aye - aye - aye - aye Roll Call carried 5-0 8. COMMITTEE REPORTS/RECOMMENDATIONS - None 9. PUBLIC HEARING - None 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Baxter Coston, asked about construction traffic on 132nd Street. The City Manager replied that it is a county road where City codes would not apply. Thomas Allen, 132nd Street, expressed concern for the condition of the road described by Mr. Coston. The City Manager said the street is not in the city limits, therefore, the City can work with the subject property owner. Mr. Allen then said he works at the Vero Beach power plant and appreciates weather reports by Mr. McCollum. Bruce Bell reiterated his concern about publication of the Pelican Brief just prior to the election relative to solid waste. He expressed concern about information he reads in the newspaper that he does not hear at meetings, specifically the idea of Miami curbs. The Mayor responded to him. Mr. Bell then inquired about low-income housing and income levels. 11. OLD BUSINESS A. Presentation bv City Enaineer Reaardina Proposed Modifications to Jackson Street Extension/Captain Butcher's Site Plan (No Backup) The City Engineer said the site plan calls for stop signs on Indian River Drive at Jackson Street and asked that the plan be modified to remove them until they are needed. City Council discussion followed on the merits of stop signs in that area, and the City Engineer reiterated the methodology to determine need and requested that his department be allowed to put in a crosswalk at this time and install stop signs when it is deemed necessary. He noted that a police report usually precedes the installation of sign. f . I -- Regular City Council Meeting April 9,2003 Page Six The City Attorney said a major collector would take a higher trigger to warrant a stop sign. The City Engineer said he had not received a request from the Police Department or anyone for stop signs on Indian River Drive, and this request is to put the ball in the Engineering Department's court to let them make the determination when it is needed. MOTION by Coniglio/Hill "I make a motion that we leave site plan as is." ROLL CALL: Mr. Barczyk Mr. Hill Mr. McCollum Mayor Barnes Mr. Coniglio - aye -aye - nay - nay - aye Roll Call carried 3-2 (McCollum, Barnes - nay) 12. NEW BUSINESS 03.084 A. Approve First Renewal Option of Aareement for Professional Services Between The City of Sebastian and the LPA Group. Inc. for the Period of April 29. 2003 Throuah April 28. 2004 (Airoort Transmittal 4/3103. Letter) The Airport Director commended LPA Group for the fine work they have done for the past three years and their professionalism, recommended renewal of their agreement and introduced Mark Jansen and David Goode. Mark Jansen gave a power point presentation on the many projects completed so far. Vice Mayor Coniglio asked if the City was making a negative impact on Skydive Sebastian and both men said they did not believe so. The Airport Director also responded that the City must do what is right for all of its residents and minimize any problems for any of its tenants. It was stated that there are no definitive security guidelines for general aviation airports, but the first thing that most airports do is put up fencing. MOTION by BarczyklHiII "Move to approve the first renewal option of the Agreement for Professional Services between the City of Sebastian. Florida and the LPA Group, Inc. for the period of April 29, 2003 through April 28, 2004." ROLL CALL: Mr. Hill Mr. McCollum Mayor Barnes Mr. Coniglio Mr. Barczyk - aye - aye - aye - aye - aye Roll Call carried 5-0 ~ ~ . ii ..,r" Regular City Council Meeting April 23, 2003 Page Seven B. Stops SiQns at Indian River Drive and Jackson Street Mr. Hill said there are concerns about placement of stop signs. He went on to say that the installation of stop signs is a function of staff and it was not his intention to circumvent staff. Chief Davis said the placement of a stop sign on Indian River Drive would be a mistake and subject the city to accidents, would back up vehicles and limit people's ability to cross, and that there are other streets that approach Indian River Drive that are more in need of stops and that if necessary a proper study could be performed. Mr. Coniglio reiterated his reasons for wanting to maintain the stop signs. Mr. Barczyk said he spent time at Captain Butchers and said there does not seem to be a problem at the intersection. Mr. Hill said he better educated himself on this issue and asked that the item be placed back on this agenda based on the Chiefs concerns, and the decision belongs in the hands of the professionals. MOTION by HiII/Barczyk "I'd move to re-approve the site plan without the stop signs as asked by staff." ROLL CALL: Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - nay Mr. Barczyk - aye Roll Call carried 4-1 (Coniglio - nay) r-~. ........ .>.v~,