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Home My WebLink About05102006 em' OF SEBAST~ ~~~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 10, 2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the regular meeting to order 7:00 p.m. 2. Council Member Neglia led the Pledge of Allegiance. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster City Council Excused Absence: Mayor Nathan McCollum Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Lieutenant Michelle Morris MIS Systems Analyst, Melanie Astle 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-05-26) On behalf of the City Clerk, Vice Mayor Burkeen requested the addition of "Citizen Advisory Task Force Member Appointments" to the agenda as item 8D Committee Matters. On MOTION by Ms. Coy, and SECOND by Mr. Paternoster the item was added on a voice vote of 4-0. Regular City Council Meeting May 10, 2006 Page Two 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS 06.088 1 06.089 3 06.090 5 06.025 06.025 06.023 06.031 06.045 A. Proclamation Visitinq Nurse Association Week - May 6-12,2006 President Sharon Broome Vice Mayor Burkeen read and presented the proclamation to Sharon Broome. B. Proclamation Emergency Medical Services Week - May 14-20. 2006 Council Member Paternoster read and presented the proclamation to Vice Mayor Burkeen, Indian River County EMS Chief. C. Proclamation National Safe Boatinq Week - May 20-26, 2006 Commander Graham Clarke. Executive Officer Lynn Brown, Education Officer Marlene Herbig. Administrative Officer Don Wriqht Vice Mayor Burkeen read and presented the proclamation to the above Commander Graham Clarke, Executive Officer Lynn Brown, Education Officer Marlene Herbig, and Administrative Officer Don Wright of the Power Squadron. D. Certificate of Appreciation to Anne Dann for Tree & Landscape Advisory Committee Service Certificate of Appreciation to Therese Miller for Tree & Landscape Advisory and Temporary Environmental Advisory Committee Service E. Vice Mayor Burkeen read and presented certificates to Anne Dann and Therese Miller. F. Certificate of Appreciation to Eva Schofield for Code Enforcement Board Service Vice Mayor Burkeen read and presented the certificate to Eva Schofield. G. Certificate of Appreciation to Ron Celli for Planning & Zoninq Commission Service Mr. Celli was not present. H. Certificates of Appreciation to Michael Kidde for Temporary Environmental Advisory Committee Service & Planninq and Zoninq Service Vice Mayor Burkeen presented Michael Kidde's certificates to Mrs. Kidde. 2 Regular City Council Meeting May 10,2006 Page Three 06.010 06.091 06.092 7-10 11-22 I. Certificate of Appreciation to Louisiana Avenue Neiqhborhood Improvement Project Citizen Advisory Task Force Members: Julianne Barrett; Charles Cardinale; Becky Crippen; Cheryl Doyle; Doug Flood Vice Mayor Burkeen read and presented the certificate to member Becky Crippen. The other members were not present. Certificates to Council Members Neglia and Paternoster from KIRB Sherri Hamlin, Executive Director of Keep Indian River Beautiful, presented certificates to Council Members Neglia and Paternoster for the Sebastian Property Owners Association team for their participation in the Great American Clean-Up Clean Sweeps Day; and awarded them an honorable mention certificate, third place trophy and check for $540 to the charity of their choice. Mr. Paternoster presented the check to Mr. Bruce Zingman, member of SPOA, who was congratulated for putting the team together and Mr. Zing man presented a plaque, trophy and album to Mr. Neglia and a gift to Mr. Paternoster. K. Mayor Carol McCormack of Town of Palm Shores - President - Space Coast Leaque of Cities Vice Mayor Burkeen introduced Mayor Carol McCormack who gave a brief presentation on the Space Coast League of Cities and the lobbying opportunities a local league provides. She said SCLC meetings are held on the 2nd Monday of each month at the Rialto Hilton at 6 pm, and welcomed any member of Council to be her personal guest. She said she had provided League handouts through staff (see attached). Council Member Neglia thanked Mayor McCormack and said we are trying to establish a Treasure Coast Chapter. Vice Mayor Burkeen presented her with a city pin. L. Indian River County Supervisor of Elections Kay Clem - Need For Poll Workers Supervisor of Elections, Kay Clem, introduced staff member Martha Osborne, and gave a brief presentation on the need for poll workers for fall elections. She said she is 158 workers short for the primary, 200 workers short for general election, and described the requirements. She was invited to provide information for Channel 25. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests that the item be removed; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council member to remove the item for discussion prior to start of the meeting. A. Approval of Minutes - 4/26/06 CIP Workshop B. Approval of Minutes - 4/26/06 Regular Meeting 3 Regular City Council Meeting May 10, 2006 Page Four 06.093 23-27 C. Authorize Sebastian River Art Club's Art Show at Riverview Park from 10 am Until 4 pm on 11/18-19/06,12/9/06,1/13/07,2/24-25/07,3/17/07 & 4/14/07 Authorize 50% Discount for All Applicable Fees Authorize Rain Dates at Riverview Park from Noon Until 4:30 pm on 12/10/06, 1/14/07,3/18/07 & 4/14/07 Mr. Neglia removed item B. On a MOTION by Ms. Coy and SECOND by Mr. Paternoster items A and C were approved on a voice vote of 4-0. Mr. Neglia noted a correction to circle page 21, to change Mr. Davis to Mr. Adams. ON MOTION by Mr. Neglia and SECOND by Ms. Coy, item B was approved as amended on a voice vote of 4-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.022 29-32 A. Code Enforcement Board i. Receive Code Enforcement Order The Vice-Mayor acknowledged receipt of the order. 06.045 33-47 B. Temporary Environmental Advisory Committee - Fill Two Positions (City Clerk Transmittal 5/2/06, applications, list, ad) i. Interview Unless Waived and Submit Nominations for Regular Member ((development or environmental business) Position to Expire 3/2007 All applicants were present but none requested interview. Mr. Neglia nominated Linda DeSanctis. Mr. Paternoster nominated Diane Powers. On a vote Linda DeSanctis was appointed 3-1. (Paternoster) ii. Interview Unless Waived and Submit Nominations for Alternate Member Position to Expire 3/2007 Mr. Neglia nominasted Diane Powers, and being no other nominations, she was appointed alternate. 4 Regular City Council Meeting May 10, 2006 Page Five 06.025 49-55 C. Tree and Landscape Advisory Board - Fill One Position (City Clerk Transmittal 5/2/06, R-05-11, application, list, ad) i. Interview Unless Waived and Submit Nominations for Reqular Member Position to Expire 4/2007 Mr. Coy nominated Maureen Cummings, even though she said Ms. Cummings would be away for a short time this year. Ms. Cummings was appointed. D. CA TF Member Appointments The City Clerk said in accordance with Community Development Block Grant proposed improvements a Citizen Advisory Task Force must be established. The City Manager briefly described the function of the CDBG process, said there was potential to improve Easy Street, and that he will update Council later tonight on the meeting schedule and required steps. The Clerk noted there was one applicant from Easy Street (Bradley White) who responded to the ad for members, and four additional members would be sufficient. City Council Members named the four additional appointees for CATF. Ms. Coy - Linda DeSanctis Mr. Burkeen - Cory Richter Mr. Neglia - Adrina Davis Mr. Paternoster - Bruce Zing man 9. PUBLIC HEARING - none 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda Ron Van Buskirk, Sebastian, member of Code Enforcement Board, described the function of the Code Enforcement Board, said the board system works, and said revenues from Code Enforcement fines should go back to fund the Code Enforcement Department. Robert Peterson, Stony Point Drive, Sebastian River Landings, distributed a report, photos, and newspaper article regarding the buffer between the new Publix and Sebastian River Landings at CR 512 and CR 510. The City Manager had distributed materials to Council prior to the meeting (see all distributed materials relative to this subject attached). Peter Fuzzo, also addressed the Council on this issue and sought Council's help. 5 Regular City Council Meeting May 10,2006 Page Six Ms. Coy suggested to the City Manager that the Code be looked into relative to berms. After a lengthy discussion and input from the City Manager and Growth Management Director, it was suggested that amendments to the Land Development Code be made, staff is working on some issues to be brought to Council for workshop, and that, though the berms meet code, staff should attempt to work with Publix to improve the buffer adjoining the residences. In addition, Mr. Neglia suggested rerouting a roadway adjacent to the homes for the time being. Elizabeth Blankenship, 1500 Block of Laconia, spoke on problems with speeding and safety issues on Laconia St., stating it has only two speed limit signs for the whole length and needs better signage, possibly posted with fines in four different spots, and said there is a need for sidewalks and lighting. She said she had written to Mayor McCollum about accidents that have occurred on the street, and would be willing to get a committee together on this issue. Mr. Paternoster suggested putting the portable speedometer out there to deter speeders. The City Manager said staff has a traffic committee and they will look into the issue. Vice Mayor Burkeen called recess at 8:15 p.m. and reconvened the meeting at 8:25 p.m. All members present at roll call were present when the meeting reconvened. 11. OLD BUSINESS 05.127 57-188 A. Authorize Contract Award to E & D for Historical Rehabilitation of Old Sebastian Elementary School Building (City Manager Transmittal. RFP. Addendums. Analysis, Letter, Aqreement) The City Manager reiterated his report as set out in the agenda packet and recommended award of the contract to E & D Contracting Services, Inc, in the amount of $854,360 and approve the use of interest earnings form the Series 2003 discretionary sales tax revenue bonds funds to fund the additional amount required. Mr. Neglia asked what E & D's first bid was and the City Manager said it was $731,500. Mr. Neglia requested that on page 62 the word "accessibility" be changed to "handicapped", however, Mr. Burkeen noted that this wording is in the bid specs. Ms. Coy said E & D come highly recommended and was assured by the City Manager that they are now licensed. Mr. Paternoster was assured by the City Attorney that the company is properly licensed and had actually done work in Florida. Mr. Neglia noted on page 117 of the packet that the date June 30, 2004 needed to be changed and the City Manager stated it had. 6 Regular City Council Meeting May 10, 2006 Page Seven On MOTION by Ms. Coy and SECOND by Mr. Neglia a contract was awarded to E & D for historical rehabilitation of the old elementary school building in the amount of $854,360 on a roll call vote of 4-0. 06.094 189-193 B. Conlon Landscaping Swale/Ditch Mowing Contract Extension (Public Works Transmittal, Memo) The City Manager read his memo dated April 25, 2006 and recommended approval of an additional $177,292 to complete the citywide ditch cleaning program. Eugene Wolff, South Wimbrow Drive, Sebastian, said that more and more project expenses will go up considerably, that money is available from the Collier Creek project if Council uses the sodded slope option rather than rock and could release $2M for the ditch cleaning program. In response to Mr. Paternoster, Mr. Wolff said he was a proponent of sodded slopes for Collier Creek, and agreed that only one representative of St. Johns River Water Management District recommended the rock slopes. In response to Vice Mayor Burkeen, the City Manager reiterated the sources of funding as set out in his memo. He further explained that 30 to 40 percent of the ditches were not included on the original specs, and they were missed. Ms. Coy said we knew we were not doing our job for many years, and we knew we may not have caught everything, and if we don't continue with this project we will lose what we have already done. In response to Mr. Paternoster, the City Manager said he hopes that this problem will not occur again, would not recommend asking Conlon to increase its staff to alleviate city staff based on cost, described perpetual costs for future years to keep the ditches sprayed once they are all cleared, and said he could not provide a figure tonight as to how many hours staff has been pulled off regular duties, but did say we are about 1 to 1 ~ years behind on swale work. Mr. Paternoster asked if it would be feasible to find out the cost for Conlon to do all the ditch cleaning and then pull city staff off and put them on their regular duties. The City Manager asked that Council approve this tonight and allow him to come back with a report on what this might cost. Mr. Neglia asked if using our men is hampering installing quarter round, and the City Manager said City crews are clearing and dredging ditches, and those issues are just as critical as quarter round. On MOTION by Ms. Coy and SECOND by Mr. Neglia the Conlon contract extension was approved as requested on a roll call vote of 4-0. 7 Regular City Council Meeting May 10, 2006 Page Eight 12. NEW BUSINESS 06.095 195-203 A. First Reading Ordinance No. 0-06-03 Petition for Voluntary Annexation by Edward J. Tennyson. Jr. for .93 Acre Parcel of Land Located at 11656 Indian River Drive - Schedule Public Hearing for 6/14/06 (GMD Transmittal. 0-06-03, Letter, Map. FS, Survey) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISITING OF 0.93 ACRES, MORE OR LESS, LOCATED AT 11656 INDIAN RIVER DRIVE; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title and the Growth Management Manager provided staff recommendation, advising this could be developed as commercial or residential because of the mixed use proposed use. Mrs. Tennyson said this property has been with the family for decades and will be changing hands soon, and the family wanted to offer the opportunity to the City to decide whether it wanted control the property improvements as a part of Sebastian's Riverfront District. Ms. Coy said she understood the concern but said the County's density is lower than the City's and she could consider this annexation but would like to limit the density. The City Attorney said the applicant could bind a subsequent owner to commercial zoning if she chose to; and Ms. Coy said she was not inclined to approve if it has potential to be residential. Mr. Paternoster and Mr. Neglia agreed that they would not be in favor without an agreement with a subsequent owner. The City Attorney said he was getting the feel that Council might want to table this until an agreement can be reached or the property can be bound to commercial use. Ms. Coy said if not commercial she would like to see an agreement that would limit the site to 3 units per acre. Mrs. Tennyson said she does not have a prospective buyer yet and would be willing to have a family representative bring this back on May 24th. On MOTION by Ms. Coy, and SECOND by Mr. Paternoster, Council tabled all three related ordinances until May 24th on a voice vote of 4-0. 8 Regular City Council Meeting May 10, 2006 Page Nine 06.095 205-222 B. First Reading Ordinance No. 0-06-04 Land Use Amendment for .93 Acre of Land Located at 11656 Indian River Drive - Schedule Public Hearinq for 6/14/06 (GMD Transmittal, 0-06-04. Map, Report. Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPRESHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RMU (RIVERFRONT MIXED USE) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL SIX-UNITS PER ACRE (L2) FOR LAND CONSISTING OF 0.93 ACRES, MORE OR LESS, SITUATED AT 11656 INDIAN RIVER DRIVE; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SERVERABILlTY; AND PROVIDING FOR EFFECTIVE DATE. Tabled to May 24,2006. 06.095 223-243 C. First Readinq Ordinance No. 0-06-05 Zoning Amendment for .93 Acre of Land Located at 11656 Indian River Drive - Schedule QUASI-JUDICIAL Public Hearing for 6/14/06 (GMD Transmittal. 0-06-05, Map. Report. Regulations, Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS MULTI-FAMILY RESIDENTIAL 4 UNITS/ACRE (RM-4) FOR LAND CONSISTING OF 0.93 ACRES, MORE OR LESS, SITUATED AT 11656 INDIAN RIVER DRIVE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Tabled to May 24, 2006. D. New Community Center Location and Potential for Land Purchase On MOTION by Ms. Coy, and SECOND by Vice Mayor Burkeen, City Council members present agreed to contact Mayor McCollum by phone on a voice vote of 4-0. The City Attorney stated for the record that the Mayor could not be in attendance due to his attendance at a hurricane conference in Ft. Lauderdale. Vice Mayor Burkeen called recess at 9:45 p.m. and reconvened the meeting at 9:50 p.m., during which time Mayor McCollum was connected by phone to the meeting. Vice Mayor Burkeen said he had requested this potential six acre land purchase be placed on this agenda due to its potential future use by the City and to give Council one more opportunity to consider it, and invited Damien Gilliams to address Council. 9 Regular City Council Meeting May 10,2006 Page Ten Damien Gilliams reported Clark Olmstead no longer owns the property on US 1, which is the site of the former Walmart and Beall's Outlet, and it is currently in contract for a new buyer. He had previously distributed an information packet (see attached); then made a presentation listing all the reasons the City should purchase this property at a cost of $3M plus his commission and title insurance, noting that the building will need a new roof and A1C and some mold remediation. In response to Mr. Paternoster, Mr. Gilliams said he had seen a four year old appraisal but could not bring it, and said the property has been sold twice since 2004. Mr. Paternoster said the building would have to be renovated to meet existing codes and would prefer professionals look at the building to determine renovation costs; and Mr. Gilliams said he would recommend knocking down the building, and buying it as vacant land. The City Manager said he had provided cost estimates relative to this issue in a memo to Council dated May 10, 2006 (see attached); and noted that current building costs would be $2.25 per square foot and this is a 10,000 square foot building. Mr. Gilliams said if Council approves tonight it would have to put up an escrow of $27,400, pay $250,000 on the May 19th, and close with cash on the May 25th. Mr. Paternoster said we don't have an appraisal, we don't have renovation costs, nor do we have a business plan, and said we can build a community center on existing city property where the public works compound is located. He said there are several issues he is not comfortable with and he could not make a decision without sufficient information in front of him and time to study it. In response to Mr. Neglia, the City Attorney said there is a statute about buying real estate when you do not want it to be public record, then it would require two appraisals; and, that there is an Attorney General opinion stating that if there is not a procedure for purchasing real estate in your code they feel you still need to follow those guidelines, but he did not agree with the opinion and thought that there actually was a provision in the code. Mr. Neglia said with all the costs involved and renovation costs, he would rather see us build a new community center somewhere in the City, that it would probably be a long time before anything could be done, and did not feel we should go forward with this. At the request of Mayor McCollum, the City Attorney again explained that under Florida statutes if a City is going to keep the appraisals and offers and counteroffers open to the public, there is no requirement for the two appraisals. In response to the Mayor, the City Manager said, in short, if this is the avenue the Council wants to go down, funding can be found, however, it would shift other priorities and projects. He said this could only be with discretionary sales tax and general revenue 10 Regular City Council Meeting May 10,2006 Page Eleven funds and not CRA funds; and that the property is contiguous to the City and could be annexed. In response to Mayor McCollum, Mr. Gilliams said the City would have to put up the $27,500 no later than Friday, then meet the next deadline of May 19th with $250,000 and the balance at closing; and if the City does not close it would be in default and lose the funds it had paid out so far. He said for an additional $27,500 Vice Mayor Burkeen said he did not propose this as a community center, but had proposed it as an investment with various possible uses and to protect the City's future. The City Attorney said under new legislation, to use CRA funds, the County would have to approve use of CRA funds and blight studies would have to be conducted. On MOTION by Ms. Coy and SECOND by Mr. Neglia, the meeting was extended to 11 pm on a voice vote of 4-0. Vice Mayor Burkeen said he had been approached by County Fire Department staff about the need for new property to replace the station on US 1; and that he would leave it to Mr. Minner to negotiate with the County on this issue; but that it would be an ideal location. Ms. Coy said she would be a lot more comfortable ifshe knew what the County's interest was; has never been interested in this building as a community center; but the prospective potential uses have piqued her interest. Walter Barnes, Sebastian, said this presentation is the same presentation Council got two years ago, and on this item there are more questions than answers. Eugene Wolff, Wimbrow Drive, said when this was presented two years ago the Council could not get past the fact that it was Damien Gilliams; and agreed that if Council views this as six acres of vacant land it is a good price. He said this is a last chance for a large parcel of land in the heart of the City. Mayor McCollum said he does not support this property for a community center, however, said this Council is continually questioned about what we are going to do with the boating problem and future expansions; said he believes there is a need to have an appraisal done first, though he did not want to contradict the City Attorney, because we owe the City that. The City Attorney said we probably should do an appraisal but we don't need to. Mr. Paternoster said we had parking problems two years ago and this did not float, an appraisal could come out with a higher price, and asked if the City would continue to buy the rest of the mall so a Holiday Inn doesn't go up there either, and that the City needs to fix the problems such as stormwater drainage that it has now before it overextends itself. 11 Regular City Council Meeting May 10,2006 Page Twelve Vice Mayor Burkeen commented that he hoped we are a Council that had a wider vision, and said he did not see that we could ever lose money by buying this property. MOTION by Mr. Paternoster to table the issue until such time as the City Manager can come back with information from the County after May 15th. Mr. Gilliams said if Council does not make a decision tonight there is no going back and the guy will close on May 25th. He said he is giving the property to the City at the same price he paid for it. The City Attorney agreed that since the agreement would be off if not approved tonight there would be no reason to table. Mr. Paternoster withdrew his motion. MOTION by Mr. Burkeen and SECOND by Ms. Coy to go ahead and proceed with the purchase of this property. Ms. Coy said she would almost rather spend the $27,000 to have time to talk to the County. Vice Mayor Burkeen said he is convinced that it is the right thing for this City to do and would not want to throwaway $27,000. Mayor McCollum asked if there was anything in the motion about appraisals and Vice Mayor Burkeen said there was not. The City Attorney reiterated the total cost would be $3,331,108.50. Mayor McCollum said he was concerned about a property purchase without an appraisal because of legal implications. The City Attorney reiterated his opinion on the appraisal issue as stated previously. Roll call on the motion failed 2-3 (Coy, Paternoster, Neglia - nay) 13. CITY ATTORNEY MATTERS 06.096 A. Code Enforcement Special Master (no backup) The City Attorney explained all that needs to be done is to change the ordinance and said he believed this system would streamline the process and sought direction to bring back language. City Council concurred. 12 Regular City Council Meeting May 10, 2006 Page Thirteen 14. CITY MANAGER MATTERS 06.097 245-248 A. Cain House Report (City Manaqer Transmittal, Memo) The City Manager reported that three or four grants have been identified that could be utilized, that the cost for repair could be approximately $250,000, and is sitting on a recommendation to demolish the building; and asked for 30 to 45 days to do an RFP and to give him time to put together better information to allow us to make an informed decision. He discussed other avenues available to the City for riverfront parking and locations for a community center. The City Manager listed the CDBG schedule for May 24th as follows: · Fair Housing Workshop for Real Estate Professionals - 3:30 pm · CA TF Meeting - 6:00 pm . 15t Public Hearing on the CDBG - 6:30 pm · Fair Housing Workshop - 6:45 pm He discussed the calls by Easy Street residents regarding the designation of "slum" and "blight"; and advised that these are words that are required by the CDBG and are not official designations and they will not negatively impact the area. In accordance with Resolution No. R-05-26, Vice Mayor Burkeen adjourned the meeting at 11 pm. Approved at the May 24, 2006 Regular Meeting. 13 .,<l~CE C04~~ - SPACE COAST LEAGUE OF CITIES ~p ("API: C.ANA VERA!. INDtAI.ANTlC' MI::t.BOURNF. PAI.M 11.'\ Y SATEI./.ITE R11Ac:n r PI ~ ~ COCOA INUlAN HAkl:lOOR BEACH MEJ.lIOURNI1 nnACIl l'AI.M SIIOKIiS TITlJSVII.J.I: QU~ of C~ ('1X'c)A B"A("H MAI.AI\AR MHI.BOURNE VILLAGE ROC'I\U.TlGF. WHST MEt ROl.1RNH "CITIES OF BREVARD WORKING TOGETHER" The purpose br i ng Space in: (a) ( b ) ( c ) of the Space Coast Coast municipalities League of Cities, Inc., is to together for mutua') assistance ( d ) ( e ) improving municipal government studying and solving municipal problems promoting communication and the exchange of ideas and experiences in successful methods of administration fostering municipal education and a greater civic consciousness among the citizens of the Space Coast promoting the welfare of Space Coast communities and citizens. All business to be considered by the Board and/or the regular membership must be directly related to municipal issues. Any delegate(s) officially representing the views of the League before any person, organization, or legislative body shall confine the representation to issues directly affecting municipalities. Any legislation sponsored or endorsed by the League shall pertain solely to municipal issues. The League is an independent, self-governed affiliate of the Florida League of Cities. The Board of Directors consists of one delegate and one alternate from each of lhe 15 municipalities in Brevard County. These delegates are appointed by the governing body of BdCh member munic'ipality. The League officers are: President, 1st Vice President, ?nd Vice President, Treasurer and the Immediate Past PresidE:!nt. With the exception of the Immediate Past President, the officers are elected by the membership. Annual dues are established for the number of votes allocated to are allocated according to municipal Population # of Votes Under 1,000 1 1,000 to 4,999 2 5,000 to 24,999 3 25,000 to 49,999 4 50,000 and over 5 regular members according to member municipalities. Votes population as follows: A dinner meeting is held each month on the second Monday, at 7:00 p_m. The Board meets at 6:00 p.m. prior to the regular membership meeting. The meetings usually adjourn at 9:00 p.m. The hosting of dinner meetings rotates among member municipalities according to a schedule of events. In the case of smaller municipalities, two municipalities will cO-host the monthly meeting. Space Cl);'lSII...c.a~ut: ,.t ('Ilie~ 0 1(IIXl IlullIingltm I ~1II~ 0 RI.X:kkdgl', PI. ,1/.955 0 PAX i.'\~ II f.3ti.~ Iln 0 'kk'j'l\.(Jnt' <J21) ().~.(>916 EO"d E61:E-9E9 LOP an6~o~ +s~o~ a~~ds 6I:PO 90-EO-^~W -Page 2- All membership meetings are open to the public. Citizens are given an opportunity to speak near the beginning of each meeting 3nd are allowed a maximum of three minutes to speak. There are two types of associate members (a) individual and (b) corporate. Former elected municipal officials shall automatically be eligible for associate membership upon p(lyment of dues ($25. per year). All other associate memberships (corporate) must be approved by the regular membership, (dues $50. per year). Government membership shall automatically be available to the Brevard County Commission, Brevard County School Board, Brevard County constitutional officers, Patrick Air Force Base, Cape Canaveral Air Station, Canaveral Port Authority, Barefoot Bay Recreation District. Government members have no voting rights. 170"d E6"[E-9E9 L017 an5ea. +seo~ a~eds 6"[:170 90-EO-^ew SP^CE COAST LEAGUE OF CITIES, INC. Brevard County, Florida The purpose bri ng Space in: ( a) ( b) ( c ) ( d) ( e ) of the Space Coast Coast municipalities Le\lgue of Cities, Tnc., is to together for mutual ass'istance improving municipal government studying and solving municipal problems promoting communication and the exchange of ideas and experiences in successful methods of administration fostering municipal education and a greater civic consciousness among the citizens of the Space Coast promoling the welfare of Space Coast communities and citizens. All business to be considered by the Board and/or the regu lar membership must be directly related to municipal issues. Any delegate(s) officially representing the views of the League before any person, organization, or legislative body shall confine the representation to issues directly affecting municipalities. Any legislation sponsored or endorsed by the League shall pertain solely to municipal issues. The League is an independent, self-governed affiliate of the Florida League of Cities. The Hoard of Directors consists of one delegate and one alternate from each of the 15 municipalities in Brevard County. These delegates are appointed by the governing body of e~ch member municipality. The League officers are: President, 1st Vice President, 2nd Vice President, Treasurer and the Immediate Past Pre sid e n t . Wit h l h e ex c e p t ion 0 f the I mm e d i ate Pas t Pre sid e nt, the officers are elecled by the membership_ Annual dues are established for the number of votes allocated to are allocated according to municipal Population # of Votes Under 1,000 1 1,000 to 4,999 2 5,000 to 24,999 3 25,000 to 19,999 4 50,000 and over 5 regular members according to member municipalities. Votes population as follows: A dinner meeting is held each month on the second Monday, at 7:00 p.m. The Board meets llt 6:00 p.m. prior to the regular memberShip meeting. The meetings usually adjourn al 9:00 p.m. The hosting of dinner meetings rotates among member municipalities according to a schedule of events. In the case of smaller municipalities, two municipalities will co-host the monthly meeting_ SO'd E61:E-9E9 LOP an6~al +S~OJ a~~ds 61::170 90-EO-^~W The Florida League of Cities I I I The Florida League of Cities is the united voice for Florida's municipal governments. With the goals of promoting local self-government and serving the needs of the municipal governments in Florida, the League is the premier provider of many products and services developed for our members. Below is a brief department overview and contact information for many of these programs. ~".,..''oj-...;. The FINANCIAL SERVICES DEPARTMENT includes the following: · The Florida Municipal Investment Trust offers participants a choice of professionally managed investment portfolios with enhanced purchasing power. · The Florida Municipal Pension Trust provides full-service retirement plan administration. · The Florida Municipal Loan Council offers financial assistance through an exclusive bond pool. · Technical Assistance Services offers training and technical information in the areas of revenue enhancement and budgeting. · The Equipment Financing Purchase Program offers fixed rate tax-exempt financing. For more information, contact Darlene Malaney at dma/aney@flcities.com. The LEGAL DEPARTMENT ensures the League's membership remains appraised of legal matters affecting their duties and responsibilities and advances the membership's point of view at the various levels of state government. For more information, contact Kraig Conn at kconn@flcities.com. The LEGISLATIVE AND PUBLIC AFFAIRS DEPARTMENT oversees one of the most important services provided by the League - representing municipal government interests at the state and federal levels. The foundation of the League's legislative activities is rooted in the belief that all politics is local, recognizing that the best strategy for sustained legislative success is one that engages local officials' participation on a continuous basis. For many years, municipal officials have served on a variety of League policy committees. These six policy committees meet several times during the year to study, analyze and recommend positions on state legislative issues having an impact upon members. The League also has an Advocacy Committee and the Federal Action Strike Team (FAST). For more information, contact Jenny Anderson at ;anderson@flcities.com. The MEMBERSHIP DEVELOPMENT DEPARTMENT often is a city official's initial point of contact with the League. The department implements many membership outreach activities and is an information referral resource for members and others. It also oversees: · training programs, including the annual conference, the Institute for Municipal Elected Officials (IEMO) and the Advanced lEMa; · international relations program; · publications, including the Datagram newsletter, annual membership directory, the bimonthly Quality Cities magazine, the Financial & Technical Assistance for Florida's Municipalities, and much more. For more information, contact Mark Sittig at marksittig@f!cities.com. The PUBLIC RISK SERVICES DEPARTMENT provides workers' compensation, liability, property and health insurance, as well as a new insurance program for use during large capital construction projects, to governmental entities in Florida. Owned by the participating members, the Florida Municipal Insurance Trust is now one of the largest pro- grams of its kind. Trust members receive complimentary benefits such as workshops and conferences, publications, videos, posters, a Web site and quarterly newsletter, "The Trust Reporter," where mem- bers are kept current on a variety of insurance issues. The Trust offers custom policies and lower rates through a unique revenue-sharing plan that saves millions of dollars per year. For more information, contact Steve McGinn at smcginn@flcities.com. The TECHNOLOGY SERVICES DEPARTMENT is a leader in local government technology. It offers local governments high-quality, cost-effective services including: IT consulting services; eFLC Research; Web hosting; BetterPlace, an online request tracking application; an online auctions for surplus, abandoned and confiscated equipment; and an interactive video for municipal Web sites. For more information, contact Frank Hagy at fhagy@f!cities.com. For more information on these and other Florida League of Cities' programs, visit our Web site at www.flcities.com. or call 1-(800) 342-8112. u-. \ .. . LIABILITY CONCERNS REGARDING THE BUFFER BETWEEN PUBLlX SHOPPING CENTER AND SEBASTIAN RIVER LANDING SUBDIVISION Publix has apparently finjshed their "buffer" between them and Sebastjan River Landings subdjvisjon. Although the City assured us that the buffer would be 5' tall and 90% opaque, jt js only 2 % feet tall and less than 70% opaque on the Publix side. When Mr. Tjmothy Jelus, of Forte Macaulay--the subdivision developer, appeared before the Sebastian City Council on August 24, 2005, the public recorded states: "he had asked for an upgraded rear buffer to screen the back of Publix from his residential development to the north; and he said he has no objection to the proposed Publix. He said he has no problem wjth puttjng jt jn wrjtjng however he asked that hjs appearance requesting buffer for the resjdents act as record. The City Attorney asked Mr. Jelus to state that Forte Macaulay would not sue the City for allowing this drainage jn the right-of-way. Mr. Jelus agreed and added as an owner of Sebastian River Landings, LLC, they would not sue either." It appears the City did not keep their agreement with Mr. Jelus because they were unable to require Publjx to jnstall an "upgraded buffer." As a result, there are 3 possible Ijabjljty concerns--which should be of concern to the City of Sebastjan. 1. Public Safety -- There is only a 5 inch curb that prevents cars from crossjng the buffer and falling down the very steep 6 foot embankment from Publix parking lot into the Sebastian Rjver Landing common area and the backyards of some homes. Nothjng would stop the drjver from suing the Cjty for not requiring a proper safety barrier to prevent this type of accident. If (God forbjd) a child was killed or injured by falling car--this could be a tragedy of enormous proportions. 2. Security & Publjc Safety -- Even before the Shopping Center has been completed, there have problems with trespassers. Mostly, nejghborhood kids are c1jmbjng up and down the steep embankment and walking across the Publjx parkjng lot to shop at the Sharky's Mjnj-Mart. Thjs trespassjng will increase sjgnjfjcantly after the Shoppjng Center opens and the Sebastian River Landings is built out. It is only a matter of time before child slips and falls and while climbing up or down this embankment. The City will be liable for not requiring that Publjx constructed an upgraded buffer. 3. Privacy & Public Safety - There have recently been a number of cars parking in the Publix parking lot facjng the back of some of the homes. Because of the 4 to 6 foot elevation difference between the Publix parking lot and Sebastian River Landjng, the upstajrs bedroom windows of the homes are at the same eye level as someone sjtting jn a parked vehjcle. Some type of barrjer should be created to prevent "Peeping Toms" from parking jn front of 2 1/2 foot buffer and peering over, into the backyards and bedroom wjndows of these homes. If no prjvacy barrier js jnstalled, the Poljce Department may well receive numerous calls reportjng possible pedophiles and sexual deviants "enjoying the view." If these complaints result in charges, then the City could be challenged with a lawsuit because it allowed the construction of such an enticing public viewing venue. \ I:ij't:l (!>~(FJ""",O~Plen't:lo'o' ::r'o'en~rl-en ~al S~~~ggap~i~~~~l~~~~ogg~~= ~e!~&~en~(!>ien~!g~~~~;~~m~~oz ........................ ctJ l""+-rJJ ,,, o::s ......,l.o' ~q,l C'O...... ~ 0.. ~ 0 i:J ~ ~ en ~.o ~ 2J en S' "p.. ~ ~ ~ en ~ '3"!!l g,;:: rl-~en~80(!>igN8~0 ~::Io'en~en(!>~~&c 8~~ffi8~~~~~;~~~~~~~~~R~z~~ ~ (!>'::I - '='>~. p.. (!> ~. ~..... - 8 0' (!> 1". n - - is ~ S- ~ ; ~ S' 01 I g g P. t< ffi ~ S' ~ Q, ~ I .8' ~ g~~ ~m8 ~~ a~ sa~<en2s(!>=~ ~ [: ~ ~g ~~ a'Q,ffi a~~~~ ~g ~~;g ~ ::I~8 ~ ::r'~ ~noa::l ::I ::r'~g o~ S~ a't:lo"a::lo::li::l~ ~9gga~ 00 ~~ 30 ~nC'O~ OOOl""+-C'O(O ~~! ~~ ~~ ~~~~8~~~ ~0 agg ~ 0' ~ ~ ~ ,0' 't:I S' ~ ~ g ~ ~ ~ (JQ p.. :;:r::l ~ ,-to 0 !n' ,-to 0 Po ;:r ..., ~ ~.;:r"" ~ (!>::r'~g(!>q-~ 1-" ..... '"1 . to C'O 0 en en en l;;' (!> 't:I en 0 N en Cb ~iS::I Pl~~ rl- ~. f(l ~ p.. 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(FJ j:: 0 ~ @ ft ~ (!> s: = : 0 S. ~ (!>::r' t<:l en S' ~ en g ~ ~ (!> en 't:I S 0' i€ ;3 ,-to::l '. p..~o::lOrl-"" ~Pl~Plg j::~(!> ~ "'t.c::: 1-+,CJ)....,OCOctl-1::s~ s:~_"'1 <PS~ OPlen Ei~ ena;:r.8p..~~_ <tlaJ~(!>. _ ~ ; (!> ~ [5: ~ Jg' ~ ~ ~ a ~ ~. sag :" ; ~ : . 0' ~:dl. ." rl- . . g ~ g ~ aJ m. ~ ~ S' g <tl ~ g. ~ ~ ~ CIO- ::I ~ p.. "" '2 . p.. ~. "en en 0. g rl- en S' 0 en <; ~ rl- ~~~<<:~ago'Pl"'0::r'::r'~::r'~g~~ rl- ~ i:l p.. 't:I <<: Pl iJ ffi p..~. 0' ffi c a <<: ~ ~ p.. (l) :.. ~ CD l""'t-~'~ o~oc~. 'pOOO' 0 c-'~ o en ~ :;: (!> ~.~::: 1?(JQ g! : ~ ~ 0' en a . s m l""'t-~ CJ)~~ CJ) 0 ~ c~roS ~ g 8 !n' . 8 (!> ::r' Pl ~ ~ C' ~ aJ g ~ p: ~ r;nf ; C- o' . ~"ro" ~(!>;:t<tl ,,<<:- ~(JJ1(!> ~~g !i~~e ~s~~ ~~8~~!~' en CD cr S>> en ,.... -- S>> = = -- < CD ~ ::Da- ~ CD S>> < -l c:: m en CJ l> .-< :;;: l> -< to "" co co '" en C) :D -c -c en -l :D m l> en c:: :D m C) o l> en -l 2 m :E en -c l> -c m :D en a:l en TO: FROM: RE: DATE: Members of the Sebastia AI Minner, City Manag POTENTIAL WAL- May 10, 2006 In reference to the above potential purchase, in short, the City would have to look at many different sources to produce the $3M in cash required to purchase the property at this time. If City Council decided to move forward with this purchase, the best solution would be short term financing. The annual debt issue would then be paid with excess Discretionary Sales Tax (DST). Going the short term financing route has many avenues as well. One suggestion is to borrow $3M @ 6% (estimated current Marketrate) over the next 4 years. This equals an annual payment of $952,500. Keeping all current CIP projects reviewed by the Planning and Zoning Board and preliminarily reviewed by City Council, the following excess funds are available to pay new debt. Remember our current DST obligations (City Hall Debt $1.1 M; Equipment Lease $155,000; Police Emergency Vehicles $400,000 and, required reserve $270,000): Fiscal year 2006/2007 2007/2008 2008/2009 2009/2020 Excess DST 1,000,000 350,000 1,400,000 1,600,000 4.350.000 3.810.000 Total excess available over next 4 years Total estimated loan payments See attached chart provided to you at a CIP Workshop As you can see, the funding is in place to borrow; however, there are many variables to be considered prior to making this decision. 1. Since Discretionary Sales Tax (DST) monies are currently being used to pay the debt service for the New City Hall Municipal Complex we would need approval from bond counsel to use these funds for additional borrowing. 2. If we purchase this property for the purpose of a community center, the cost of this project would be increased by approximately an additional $3M. 3. If we purchased this property for the purpose of a fire station, we still have remediation issues in the building, which does not have an estimated cost. Since the County cannot meet until May 15th, leaving other factors unknown at this time. 4. We are currently in or will shortly be in the process of bidding the Collier Creek, Twin Ditches and Stonecrop stormwater projects, and at this point I am uneasy with the cost estimates since they are changing everyday. Collier Creek will be seriously impacted by gas, transportation and rock costs, and if we run short on bond monies we will need to use DST funding. We should have solid numbers by mid to late summer. 5. We have also been recently reminded by the County that in association with the 512-widening project, our Blossom Ditch portion requires a financial commitment of approximately $325,000. While some other funds are available for this commitment, DST will be a primary source for payment. More information on this obligation will be presented at your Regular May 24th meeting. 6. Purchasing this property could require excessive use of reserves for other important project(s) that are outside the Capital Improvement Program that may occur in the next four (4) years. 7. And lastly, we cannot forget that June 1st starts the hurricane season, and luckily during hurricanes Frances and Jeanne we had sufficient cash on hand to accomplish all debris removal and repairs as we awaited reimbursement from FEMA. If we start tapping into excess reserves, we might not have this funding source available should another disaster occur. In summary, if City Council decides to move forward with this purchase, we can devise a solid plan. However, that plan has the potential to (1) lead to significant delays to existing approved capital projects; and/or, (2) financial cash shortfalls. ~ ~ ~ ~ ~ ~ ~ ~ ->. ->. I'.) I'.) w w ~ 01 0 01 0 01 0 01 0 C 0 0 0 0 0 0 0 0 _0 _0 _0 _0 _0 _0 _0 _0 0 0 0 0 0 0 0 0 - ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 )> Vl 0 n b~ Z ->. "" 0 C m b~ I'.) -I 0 m - b~ >< 0 w 0 ~ Z b~ m ~ )> 0 Z b~ "" 01 Vl 0 m -< b~ 0> -I Vl 0 )> b~ "" -...J r- 0 m b~ Z m ()) III Vl 0 :::0 C b~ m ~ (0 < m )> 0 z ~~ c 0 m Z ->. ~~ )> "" ->. ->. r- m !~ -< < I'.) ~ ->. m ~~ - w Vl Z ->. r:::: ~~ ~ m ->. !~ 01 ->. ::r: ~~ 0 0> s: m ->. 0 ~~ ." -a -...J m 9 r- ->. 9 ~ ~~ Z ()) fA r- >- Z 0 , J; , '" COMPARABLE BOOK VOL. SO 1 JAN. - MAR. 2006 .Q} .....~J# REALTORS- ASSOCIATION OF INDIAN RIVER COUNTY, INC. MULTIPLE LISTING SERVICE COPYRIGHT, 2006 by the REALTORS e Association of Indian River County, Inc. - All Rights Reserved CONFIDENTIAL This book is not to be given out to any unauthorized person. Only those persons licensed with a MLS Participant of the REAL TORS@ Association of. .Indian River County, Inc., are entitled to receive this book. Anyone passing this book along to an unauthorized person is subject to either have his membership suspended and/or be fined up to $1000. REALTOR@ Information contained herein is believed to be accurate but is not warranted. G) EQUAL HOUSING OPPORTUNITY \. ., I/lndustrial - STofI LUCIE AREA 62 AY I FLO CCl N ZONE BU ClUP Yes FIN ASM / MTGY NET Y RG PR N lSE INFORMATlON llYP No Photo Available COMMERCIALJ DUSTRIAL - BREVARD AREA 72 AR 7 CT Micco TN 3038110000514.20000.00 lG PART OF GOVT lOT 3 W OF RR fWI AS OESC IN ORB 39 ON MEMORIAL PlAZA LLC & MC X72 STYLE OFFBLD CEILHT BLDSQ 14400 GOI $0 ISTOR 1 ROOF MET CONST CBK RTX $32.230 BUSN Memorial Plaza LLC PTX $0 l TSZ 3.5 ' INS $8.500 FLRS CAR / Tll RIM $0 PKSP 48+ UTL $0 YRBl 1996 MGM $0 WATR CO / VIN SEWR ST AIC 9 ) ELE HEAT 9 / ELE APH772 BPH 772~ C232 sa 0 SS 40K TB 40K NR 4OK' . , , , I I \ . : \ USES FOR THE LAST AND ONLY PROPERTY ( FORMER BEALLS OUTLET) ~ :C~:~~~~~~S~~;~~~~~~~~~~08~~~~:~~::~ BETWEEN U.S. #1 AND INDIAN RIVER DRIVE...PRICED AT 53,000,000.00 ) OUTDOOR AREA FRONTING U.S. #1 WITH EXIT TO INDIAN RIVER DRIVE: PARKING FOR AUTOMOBILES AND BOAT TRAILERS (248 paved and marked spaces fronting U.S. #1, plus additional open parking areas on north side adjoining Riverview Park and on east side with access off Indian River Drive) AUTOMOBILE, TRUCK AND RV SALES EVENTS (indoors as well) BOAT AND BOATING EQUIPMENT SHOWS (indoors as well) HOME AND HOME IMPROVEMENT SHOWS (indoors as well) ARTS AND CRAFTS SHOWS (indoors as well) BAZAARS (by local SOcial and service organizations...indoors as well) GARDEN CENTER (in outdoor fenced and grassy area on north side of building specializing in local flora... indoors as well) INDOOR AREA OF THE EXISTING 44,000 SQUARE FOOT BUILDING WITH REPLACEMENT VALUE OF $4,400,000.00 AT CURRENT MARKET PRICES: CONVENTION CENTER (with sliding partitions, kitchen an~ restroom facilities) WELCOME WAGON CENTER and/or VISITORS CENTER (run by the Chamber of Commerce) LOCAL BUSINESS SHOWCASE (run by the Chamber of Commerce) HISTORICAL MUSEUM (run by the Chamber of.Commerce) FISHING MUSEUM (run by the Chamber of Commerce) PELICAN ISLAND MUSEUM (run by the Chamber of Commerce) FAMILY AND YOUTH ORIENTED FUN CENTER with FUN FOOD COURT CATERED AND NON-cA TERED FUNCTIONS: HIGH SCHOOL AND COLLEGE PROMS WEDDING RECEPTIONS FAMILY REUNIONS DANCE PARTIES (Ballroom, Square Dance, Latin and other Ethnic, etc.) ANTIQUE AUTO SHOWS, FASHION SHOWS, CAT AND DOG SHOWS AUTOMOBILE, TRUCK AND RV SALES EVENTS (outdoors as well) BOAT AND BOATING EQUIPMENT SHOWS (outdoors as well) HOME AND HOME IMPROVEMENT SHOWS (outdoors as well) ARTS AND CRAFTS SHOWS (outdoors as well) BAZAARS (by local social and service organizations...outdoors as well) GARDEN CENTER (specializing in local flora...outdoors as well in fenced and grassy area on north side of building) HEALTH FAIRS (sponsored by local health care providers) CHILD CARE AND SENIOR CARE CENTERS BOY SCOUTING AND GIRL SCOUTING CENTERS COMMUNITY COLLEGE (satellite classrooms) VOCATIONAL TRAINING WORKSHOPS CIVIC CENTER (satellite civil courtrooms, etc.) EMERGENCY PREPAREDNESS CENTER, WAREHOUSE AND SHELTER POLICE DEPARTMENT MARINE PATROL HEADQUARTERS Proposal on Page 24 of 49 as it Relates to the Riverview Park Area: Public parking is perhaps the most visible deficiency in the Downtown, particularly during weekends and during events, when demand for parking facilities close to the riverfront typically exceeds current capacity. o Consider entering discussions to annex the underutilized land parcel and structure ( "BeaUs" ) south of and contiguous to the City and eRA boundary between U.S.-1 and Riverview Drive. r ATTEND TONIGHT'S COUNCIL MEETING AND . . ~ET THEM KNOW YOU SUPPORT ACQUIRING The Last And Only Property (Formerly BeaU's Outlet Next To Riverview Park) TO PROVIDE ADDITIONAL ADJACENT PARKING FOR PARK SPECIAL EVENTS, AN ADDITIONAL BOAT TRAILER PARKING AREA, A FACILITY FOR REVENUE PRODUCING COMMUNITY INDOOR . EVENTS IN THE 44,000 SQ. FT. AIR CONDITIONED BUILDING, AND AS A BUFFER TO PREVENT A HIGH-RISE COMPLEX FROM BEING BUILT ON OUR SOUTHEASTERN CITY LIMITS THAT WOULD NEGATIVELY IMPACT THE CHARACTER AND THE BASIC NATURE OF OUR HISTORIC SMALL TOWN FISHING VILLAGE COMMUNITY THAT WE LOVE AND THAT GIVES US SO MUCH PLEASURE '" IT IS THE MISSING, VITALLY IMPORTANT PIECE TO COMPLETE THE YACHT CLUB, BOAT RAMPS, DOCKS, RIVERVIEW PARK AND PARKING PROJECT! IT'S AVAILABLE! IT'S AFFORDABLE! IT WILL PAY FOR ITSELF! BUT TIME IS OF THE ESSENCE AND WE MUST ACT NOW! I ~a~ 04 2006 4:29PM HP LASERJET FAX p.2 .: . .. . : ACREEMENT TO ASSIGN CONTRAcr FOR PURCHASE AND SALE THIS AGREEMENT TO ASSIGN CONTRACT FOR PURCHASE AND SALE (n Agreement") is made and entered into as of the 411f day of May, 2006, by and among PHOENIX REALTY HOLDINGS, INC., a Florida corporation ("Phoenix") and DAMIEN GILLIAMS, FREe REGISTERED c/O MIDFLORIDA REAL ESTATE or a.ips ("Gilliams"). . . NOW, TBEREI'ORE, in consideration of the covenants and agreements contained bereil\ the Parties hereby agree as follows: , , 1. Subject to all of the tcnns and conditions oftbat certain Contract for Purchase and Sale dated March 23, 2006, by and among Phoenix and Balloon Busters, Inc. (the "Contract"), a copy of which is attached hereto 85 Exhibit ~PhoeDix agrees to assign the Contract to Oilliams under the following terms and conditioDS. 2. In consideration, ailliams agrees to pay Phoenix the ~ta1 sum of 5277,500 as fonows: (a) a $100.00 deposit will be due and payable on May S, 2006; (b) 527,400.00 deposit will paid to Phoarlx on or before May 12, 2006; and (c) the sum of 5250,000.00 will be paid to Phoenix on or before May 19, 2006. All deposits are non-refundable and will be held by Phoenix as liquidated damages if Gilliams defaults on any of the terms under'this Agreement. r~ Upon receipt of $277 ,500, Phoenix will assign the Contract to Gilliams in the form ',,-.) of an Assignment of Contract attached hereto as Exhibit "aM. r:-OO ~50 f ~/oi) 40~, '71 i A"'~.r /~// t)OO ~ 1,1'1 ~ 1~1./ ], (M.~ n4 '2006 4:29PM HP LASERJET FAX p.3 I . .t'. m.w~ WHEREOF, the Parties baveexecubld this ~ IS orthe dote tlnt written above. CJ-- O$tfJ (h,-I.:, ~ I\. ~ B~ ~~ If..o*L . PrintN . ~~ \.a.A.ClA- PHOENIX REALTY HOLDINGS. INC., ~~ :y. . Pam . DiSalvo. President WITNESSES: WITNESSES: ~l- By. WtJtii'i:Xj I Print Name: 1)ar)t{~t l-oarra..d- By: ~ ~.~ I\..S4:e~ Print N8lDe~MS A-~ ST6jRi'\( S By: Damien , FREe Registered .. c/o . orida Real Estate ~v~~~~ rro ~f;1 ~~ v\^~ to, 7..~ 0 lA1 2 . 5-es-2006 4,07AM ".. CW 2aoc ".38P" 'i ~ FRQv1 UP l.AIf;R.JET FA" P.6 ,..15 tIJIJ. ....ml!llllUll!V1' M CONTR.U::T DIOW ALL. MEN B~ mBSB J'IIU!.SEHI'S 1b& PftOEND( UAL'rl ROLDlNOI. lNC.. a ~ e.teporllioA.\A8~", iD.COIIIidaldca oI1U tu1Il ofTCIIl DoIIIo (SlO.oo) lewlbl ~ of.. UaiW _10 it fa.... fItd bJ Dt\MIIN <JII J lUIS, FDC ~C...... -4 do MID" 0It1DA IUW. &STATB ("'ASIIO~... ..... 1M _1-'" .... deJhoery of... pmv~ ct. rMOIpt fJI ""-'d..., ~... ..-.Lt~ ......IOW......,..IS. ......4 -' III over." by c-. prlll_ do..... ~ .-! .... ....... ~ ...1Il.,.-.... MId AISIGNI!B. ... catu o.Inct ... MMlII 2J. .. 'Y .., ..... ..... ...... Jnr:.. al'kwUk OCI'1IlAlI.~ .. ..... .. 14-9-. aa,.(....~ . 0ClI'Y fA...... i. DC'-' hInIo . i"WWt A... ....... .sta an . ~Q ........ ......fa 1IIi4~ IN wrJ'MiIS WIIEIIiqF. I haw ......... ~ my bIDe! ~ M1 Oft t&. _ clay of ..2Ooe. ~~INC.. Dy.~~~' .a ,e '. ~~ANCII:~A"~ By its ..-..,.,. ___, :A.'''... r [ .....",.... .... I'1T 011 all..... ... 011"""- "iInpo.d .. ~r- by" eo..a. .......10 .-&._.. IIW1 tho ..... ~".. ~ hili _ ..... III Jo-.. .... -' ....~ renJlJac .... A.......' IIDIIIrc to ,..... ...a fIdID aU lIUCb 4IIiaIasw1 eh~ IN WITNESS WBDPoF. I haw ___ ... -Y. Juoad aael ... 011 tile 'I ~y of />>I'f Y . . .2006. :;:;r;Ui- ...,. W ~ ~()~~ty1. .- W*- ... I'H -if I'CJ I Z, 0" ~ IOc:J XY~ ~3r~3SYl dH WYSS:II 900Z SO Rew " - - C0ll1lT1erCI,11 COl\lr ,1r.t FI ORIDA ^SSOCI^TIO,~ Of' Ri:^L TORS') , Phoenix Realty Advisors 303 Banyan Boulevard, Suite 101 West Palm Beach. FL 33401 T eV561-659-1177 Fax/561-659-1197 1--:, )Ji~.O- '. 8 \. y~. &to \ '_l..J(;~A.. \o',?;''1 07' (? & 1> (v '?fJ ~ .f/J I ("BU\IIIr"l. J' 1 1. PURCHASE AND SALE: 2 PHOENIX REAL TV HOLDINGS, INC. OR ASSIGNS 3 agrees to buy and 4 BALLOON BUSTERS, INC. 5 agree to sell the property described 8S: 8 Street Address: 11640 US 1. Seb.stl.n. Florid. 7 Legal Description: 8 SEE ATTACHED LEGAL DESCRIPTION 9 10 ("Seller"). 11 and the following Personal Property: 12 : 13 14 16 (all collecllvely referred to as the .Property") on the terms and conditions set forth below. The ~ctlve Date- of this 18 Con~ Is the date on which the lut of the Partlu algn. the late.t offer. nme Is of the e..ence In thl. Contract., Time 17 periods of 5 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period 18 ending on a Saturday. Sunday or natJonallegal holiday wHl be eldended ootI 5:00 p.m. of the next business day. " 19 2. PURCHASE PRICE: 20 (a) Deposit held in escrow by V....llo & Bilotta. P.A. DeDOSIt Is non-refundable 21 (b) Additional deposit to be made within 5 days from Effective Date 22 (c) Total mortgages (as referenced In Paragraph 3) 23 (d) Other. 24 (e) Balance to close. subject to adjustments and prorations, 26 to be made with cash, locally drawn certified or cashier's check or wire transfer. ~. 75D. ODO. 00 27.600.00 $ $ $ $ $ $ ;/ 2 7~2.5q~ 26 3. THIRD PARTY FINANCING: Within _ days from Effecllve Date ,Application Period"), Buyer will, at expense, 27 apply for third party financing In the amount of $ or % of the purchase price to be 28 amortized over a period of _ years and due in no less than _ years and with a fixed interest rate not tq exceed 29 D % per year or vartable Interest rate not to exceed D % at origination with a lifetime cap not to 30 exceed % from Initial rate. with additional terms as follows: 31 32 33 34 Buyer will pay for the mortgagee title Insurance policy and for all loan expenses. BU)48r will timely provide any and all credit, 35 employment, financial and other information reasonably required by any lender. B~r wll notify Seller Immediately upon 38 obtaining financing or being rejected by a lender. If Buyer, after diligent effort, falls to obtain a written commitment within 37 days from Effective Date (-FInancing Perlod-), Buyer may cancel the Contract by giving prompt notice to Seller 38 and ~~ deposit{s) will be returned to Buyer In accordance with Paragraph 9. 39 Buyer ( ~ ) ( ) and Seller ,10 . I ) acknowledge recelpt of a copy of this page. which Is Page 1 of 5 Pages. CC-2 C 1997 Rorkle AasodaUon d Rellllorse. /4A rlg~ Llcented III Ala Star Sollware. u.er RegI S 14411758C ALTA Software and Added Formatting Copyright 2004 Alta 8t8r Softw.., Inc. All Rights Re.erved. (305) 279-8898 ~J!t\ ~ ~- " 40 4. T~ Seller has the legal capacity to and will convey marketable title to the Property by 0 statutory warranty deed 41 ~ other Soec/al Warranty Deed attacMd hereto. free of liens, easements and encumbrances of record 0( known to 42 Seller, but subject to property taxes for the year of closing; covenants. restrictions and public utility easements of record; and 43 (list any other matters to which title will be subject) : 44 provided there exists at closing no violation ot the foregoing and none of them prevents Buyer's Intended use of the Property 45 as to be determined 46 47 46 49 50 51 52 53. 54 55 (a) Evld.nce of Title: Sell.r will, at (check one) 0 S.lIer's ~ Buyer's expense and within 5 days Ja: from EffactJve Date 0 prior to Closing Date 0 from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) Ja a title insurence commitment by a Florida licensed title Insurer and, upon Buyer recording the deed, 8~r'S polley in the amount of the purchase price for fee simple title subject only to exceptions stated above. ~ai.~ o an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an exis ng firm. However, If such an abstract Is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as a base for relssuance of coverage. The prior policy will Include copies of all polley exceptions and an update In a format acceptable to Buyer from the polley effective date and certified to Buyer or Buyer'. closing agent together with copies of all documents recited In the prior policy and in the update. ~}> 66 (b) Tltl. Examination: Buyer wili, within 15 days from receipt of the evidence of title deliver written notice to Sell.r of title 57 defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers 58 ; proper written notice and Seller cures the defects within 15 days from receipt of the notice ("Curative Period"). If the 59 defects are cured within the Curative Pertod, closing will occur within 10 days from receipt by Buyer of notice of such curing. eo SeUer may elect not to cure defects If Seller reasonably believes any defect cannot be cured within the CuraUve PerIod. If 61 the defects are not cured within the CuraUve Period, Buyer will have 10 days from receipt of notice of Seller's Inabllty to 112 cure the defects to elect whether to terminate this Contract ex. accept title subject to existing defects and close the 63 transaction without reduction In purchase price. The party who pays for the evidence of title wIU also pay related tiUe service 64 fees Including title and abstract charges and title examination. 86 lie 67 lie 69 70 71 72 73 (c) Survey: (check applicable provisions below) . Ii Sener will, within L- days from Effective Date, deliver to Buyer copies of prior surveys, plans, speclficetlons, and engineering documents, If any, and the following documents relevant to this transaction: prepared for Sener or In Sener'. possession, which show all currently existing structures. Ii Buyer will, at 0 Sener'. Jil Buyer's expense and within the time period allowed to deliver and examine tide evidence, obtain a current certified survey of the property from a registered surveyor. If the survey reveals encroachmentS' on the Property or that the improvements encroach on the lands of another, D Buyer will accept the Property with existing encroaclvnents 0 such encroachments will constitute a title defect to be cured within the Curative Period. ~ 74 (d) Ingress and Egress: Seller warrants that the Property presently has Ingress and egress. 75 (e) Po.....lon: S.ner wiD deliver possession and keys for all locks and alarms to Buyer at closing. 76 5. CLOSING DATE A D PROCEDURE: T~ transaction will be closed In a mutually IIlIroeable/ocatJon County. 77 Florida on 0( before ~ or within-&- days from Effective Date (-Closing Date-). unless 76 otherwise extended herein. 0 seller Buyer will designate the Closing agent. Buyer and SeUer will, within 20 79 days from Effective Date, deliver to Escrow Agent signed Instructions which provide tor closing procedlWe. If an institutional 80 lender Is providing purchase funds\!ender re:;lremen s as to Pla~' time of da~y ~OSI ~:edurps will control over any 81 ~con,=erovleiQr!~!" this conr5~ M.~ cLtUot., l-.. r. ~.. '""fl \ ~. --......f.) "to'f Cll.4.cLl-t,g"".\ ~ ~., ,Q- ~~M ~~. P'"",....." lJIl 62 (a) Costs: Buyer will pay taxes an recording fees on notes, mortg ges and financIng statements and recordlntJ fees for"the 63 deed. . If Seller is obligated 84 to discharge any encumbrance at or prior to closing and falls to do so, Buyer may use purchase eeds to satisfy the 85 encumbrances. iJ> 86 (b) Docum.nts: Seller will provide the deed, biD of sale, mechanic's lien affidavit, :~~~:~: :r ~J~: ::t1~:: ~ :~ 87 ~nu~~t ~:~~~~..~ :~~~~"~ I:":.,:~~~,~~~n~ .t ~~ n iI. IA_nIlR.II, .Wllti . in.tnIMCl....R~l _..~.I...U.l.:.~ .:~ur.~.'!' t~:~..8~ 86 f _.. " . .1., I .. i . ~ ,~. I .:.~v__ ll., ~..vvlw .... w_~.....:.II..lt\." e-"'~, ..III -. ur" u ...ll..r~" ~1I~n 69 ._.._. .Ii.... H._ 1__._..1'_ L__ b __..__I. If Seller is a corporation, Seller will deliver a resolution of Its Board of Directors 90 authorizing the sale and delivery of the deed and certification by the corporate Secretary certIfying the resolution and setting 91 forth facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to 92 Buyer. Buyer will provide the closing statement, mortgages and notes, security agreements and financing statements. G~ t~ 93 BUyer"@ ) ( ) and SeUer /) /) ) ( ) acknowledge receipt of a copy ot this page, \Mich is Page 2 of 5 Pages. cc.2 0 1997 FlOrida AsllClClMlon 01 R..".. AI ~. UCeneed 10 Ala St8r ~ Software and Addad Formatllng Copyright 2004 AlIa Star Software. Inc. All Rights Reserved. (305) 279-8898 " ~ Q4 J";,,laxe., As....menta, and Prorations: The following items will be made current and prorated Q5 ~.. as of Closing Date D as of : real estate taxes, bond and assessment payments ge assurT\ed by Buyer, interest, rents, association dues, Insurance premiums acceptable to Buyer, operational expenses 97 and . If the amount of taxes and 98 assessments for the current year cannot be ascertained, rates for the previous year will be used with due allowance being 99 made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially affecting 100 the Property: . Buyer will be responsible 101 for all assessments of any kind which become due and owing on or after Effective Date, unless the improvement is 102 substantially completed as of Closing Date, In which case Seller will be obligated to pay the entire assessment. 103 (d) FIRPTA Tax WIthholding: The Foreign Investment in Real Property Act ("FIRPTA") requires Buyer to 'lAthhold at 104 closing a portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S.") If Seller Is a "foreign 105 person" as deflned by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to 108 provide, at or prior to closing, appropriate documentation to establish MY applicable exemption from the withholding 107 requirement. If withholding Is required and Buyer does not have cash sufficient at closing to meet the withholding 108 requirement, Seller will provide the necessary funds and Buyer will provide proof to Seller that such funds were property 109 remitted to the I.R.S. 110 6. ESCROW: Buyer and Seller authorize Vassallo & Bilotta. P.A. 111 Telephone: 581-432.19H Facsimile: 581-432.1117 112 Address: 1630 S. CongtUS Avenue. Suite 201. Palm Sorlngs. FL 33461 to act as "Escrow 113 Agent" to receive funds and other Items and, subject to clearance, dlsbl.ne them in accordMce with the tenns of this 114 Contract. Escrow Agent will deposit all funds racelved In D a non-Interest bearing escrow account a an interest bearing 115 escrow account with interest accruing to Buyer with interest disbursed (check one) 118 Jil at closing D at ." Intervals. If Escrow Agent receives conflicting demands or has a good faith 117 doubt as to Escrow Agent's duties or Rabllitles under this Contract, he/she may (a) hold the subject matter of the escrow until 118 the parties mutually agree to Its disbursement or until Issuance of a court order or decision of arbitrator determining the parties' 119 rights regarding the escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction 120 over the dispute. Upon notifying the parties of such action, Escrow Agent will be released from' all liability except for the duty 121 to account for Items previously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with 122 applicable provisions of Chapter 475, Florida Statutes. In any suit or arbitration In which Escrow Agent Is made a party 123 because of acting as agent hereunder or Interpleads the subject matter of the escrow, Escrow Agent will recover reasonable 124 altorneys' fees and costs at all levels, with such fees and costs to be paid from the escroWed funds or equivalent and charged 125 and awarded as court or other costs In favor of the prevailing party. The parties agree that Escrow Agent wi. not be liable to 120 any person for misdelivery to Buyer or Seller of ~cr0W9d Items, unless the misdelivery 18 due to Escrow Agent's willful breach 127 of this Contract or gross negligence. . 128 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at tl')e time agreed In its present "as Is" condition, 129 ordinary wear and tear excepted, and will maintain the landscaping and grounds In a comparable condition. Seller makes rio 130 warranties other than mar1<etability of title. By accepting the Property "as Is," Buyer waives all claims against Seller for any 131 defects In the property. (Check (8) or (b)) 132 0 (a) As Is: Buyer has Inspected the Property or waives any right to inspect and accepts the Property in its "as is" 133 condition. - 134 Jil (b) Due Diligence Period: Buyer will, at Buyer's expense and within 30 days from Effective Date ("Due 135 Diligence Period"), determine whether the Property Is suitable, in Buyer's sole and absolute discretion, for Buyer's Intended 138 use and development of the Property as specifled in Paragraph 4. During the Due Diligence Period, Buyer may conduct any 137 tests, analyses. surveys and Investigations ("Inspections") which Buyer deems necessary to determine to Buyer's 138 satisfaction the Property's engineering, architectural, environmental properties; zoning and zoning restrictions; flood zone 139 designation and restrictions; subdivision regulations; soil and grade; availability of access to public roads, wat~r, and other 140 utilities; consistency with local, state and regional growth management and comprehensive land use plans;- availability of 141 permits, government approvals and licenses; compliance with American with Disabilities Act; absence of asbestos. soil and 142 ground water contamination; and other Inspections that Buyer deems appropriate to determine the suitability of the Property 143 for Buyer's intended use and development. Buyer shall deliver written notice to Seller prior to the expiration of the Due 144 Diligence Period of Buyer's determination of whether or not the Property Is acceptable. Buyer's failure to comply with this 145 notice requirement shall constitute acceptance of the Property In Its present "as is" condition. Seller grants to Buyer, Its146 agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence Period for the purpose 147 of conducting Inspections; provided, however, that Buyer, Its agents, contractors and assigns enter the Property and 148 conduct Inspections at their own risk. Buyer shall indellVllfy and hold Seller harmless from losses, damages, costs, claims 149 and expenses of any nature, including attorneys' fees at all levels, and from liability to any person, arising from the conduct 150 of any and all Inspections or any work authorized by Buyer. Buyer will not engage In any activity that could result In a 161 mechanic's lien being filed against the Property without Seller's prior written consent. In the event this transaction does not 152 close, (1) Buyer shall repair all damages to the Property resulting from the Inspections and retum the Property to the 153 condition It was in prior to conduct of the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller an reports 154 and other wor1< generated as a result of the Inspections. Should Buyer deliver timely notice that the Property is not 166 acceptable, Seller agrees that Buyer's deposit shall be Immediately returned to Buyer and the Contract terminated. "fY 156 Buyer ( ) ( ) and Seller l.f b \ I ) acknowledge receipt of a copy of this page, which Is Page 3 of 5 Pages. CC-2 01997 FIoIId8 AaocIalIon 01 Reallollf). AI rlg~ UCenaed 10 Ala S\8t ~e. Software and Added Fonnattlng Copyright 2004 Alta Star Software, Inc. All Rights Reserved. (305) 279.8898 f~ 157 ~lk.thrOUgh inspection: Bu~r may, on the day prior to closing or any other time mutually agreeable to the parties. 168 conduct a final "walk-through" Inspection of the Property to determine compliance with this paragraph and to ensure that aR 159 Property'ls on the premises. 160 (d) Disclosures: '. 161 1. Radon G..: Radon Is a naturally occurring radioactive gas that, when It has accumulated In a building in sufficient 162 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and 163 state guidelines have been found In buildings In Florida. Additional infonnatlon regarding radon and radon testing may be 164 obtained from your county public health unit. 165 2. Energy EffIciency: Buyer may have determined the energy efficiency rating of the building, if atly is located on the 166 Real Property. 187 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any 188 business conducted on the Property In the manner operated prior to Contract and will take no action that would adversely 169 Impact the Property, tenants, lenders or business, if any. My changes, such as renting vacant space, that materially affect the 170 Property or Buyw'. Intended use of the Property will be permitted 0 only with Bu~"'. consent D without Buye.... 171 consent :~ E~~Ei~,?i?~~~:31:sE.;:,;;::O;0::"; ::::;~;;:a:;v.:" ;;1~:~~;.~ C.P 175 10. DEFAULT: 178 1n 178 (a) In the event the sale Is not closed due to any default or failure on the part of Seller other than failure to mak~title marketable after diligent effort. Buyer may either (1) receive a re~nd of Buye.... deposlt(s) or (2) seek c perfonnance. If 6..,..., ...1..",,, a d~IL .061\..,.<1,13..11.., rilll [)., Udtl~ LV 6..:.1...., I\), J... full..",,,,,r\~", d... b.,,~,avv 1\.... (b) In the event the sale Is not closed due to any default or failure on the part of Buyer, Seller may ~1) retain all deposlt(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and In full setUement of any c1a1~, upon which this Contract will terminate :(~~ ~I~~~-:,~~~;~ ;;;~ SellerretalnslJledeposlt,!rnil ...I..~. U._IlsI~II.... M.. OUr U ..1I.L1 .L .._.n . f.lIf.i'lllll'lIlIhl r.,.lIullll) 9,llu (tllu 1111. . ~tI.lt. II IfI.luIilF.hm) UII till. f III .m...' .UtllI 1/~1111' fiB. i4 C? UJ 179 160 181 182 183 18-4 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevaJling 186 party, which for purposes of this provision will include Buyer, Seller and Broker. will be awarded reasonable attorneys' fees/ 188 costs and expenses. 187 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a 188 licensed real estate Broker other than: 169 190 191 192 193 (8) Ustlng Broker: who is 0 an agent of o a transaction broker D compensated by D Seller a nonrepresentative and who will be D Buyer 0 both parties pursuant to 0 a listing agreement 0 other (specify): 194 (b) Coopenltlng Broker: Jonathan Moss 195 who Is J:ij( an agent of .1!fa.er 196 0 a transaction broker D a nonrepresentative and who will be 197 compensated by Ii: Buyer 0 Seller 0 both parties pursuant to 0 an MLS or other offer of compensaUon to a 198 cooperating broker 0 other (specify) 199 (collectively referred to as "Broke"') In connection with any act relating to the Property, including but not limited to Inquiries, 200 introductions, consultations and negotiations resulting In this transaction. Seller and Buyer agree to indemnify and hold Broker 201 hannless from and against losses, damages, costs and expenses of any kind, including reasonable attomeys' fees at all 202 levels, and from liability to any person, arising from (1) compensation claimed which Is inconsistent with the representation In 203 this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to Paragreph 10, (3) any duty accepted by Broker 204 at the request of Buyer or Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended. or 205 (4) recommendations of or services provIded and expenses incurred by any third party whom Broker refers, recommends or 206 retains for or on behalf of Buyer or Seller. 207 13. ASSIGNABIUTY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise D Is not 208 assignable J:ij( is assignable. The terms "Buyer: "Seller" and "Broker" may be singular or plural. This Contract Is binding 209 upon Buyer, Seller and their heirs, personal representatives, successors and assigns (If assignment is permitted). 210 BUye~ ( ) and Seller' ^ b ) ( ) acknowledge receipt of a copy of this page. which Is Page 4 of 6 Pages. CC.2 10 1997 FlOI\de As9odallon 01 Realtor.. All r1g~. Ucenaed to Ala Slat SOftware. Software and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Re.erved. (305) 279.8898 . 211 212 213 214 215 218 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 236 238 237 238 239 240 241 242 243 244 245 248 247 248 249 250 251 262 253 254 265 268 257 268 269 260 281 262 263 264 265 288 287 266 269 270 271 272 273 274 E. TIONAL ~LAUsES: (Check If an~of the followtng clauses are applicable anq"pre attached as an addendum to this Contract): tIon U Seller Warranty U ExIstIng Mortgage . . S8ctIon 1031 Exchange D Coastal Constnlctlon Control Line D Other D prcPerty Inspection and Repair D Flood Area Hazard Zone D Other o Seller Representations D Seller Financing D Other 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of this Contract will not be binding unless In writing, signed and delivered by the party to be bound. Signatures, InIUals, documents referenced In this Contract, counterparts and written modifications communicated electronically or on peper will be accaptable for all purposes, Including delivery, and will be binding. Handwritten or typewritten terms Inserted In or attached to this Contract prevail ovar preprinted terms. If any provision of this Contract Is or becomes Invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be construed under Florida law and will not be recorded In any public records. Delivery of any written notice to any party's agent wll be deemed delivery to that party. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTlON, STATUS OF TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUpy THE PROPERTY AND THAT ALL REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIACATION OF THE PROPERTY CONDmON, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. DEPOSIT RECEIPT: Deposit of $ 27.500.00 by 0 check D other bY Signature of Esaow Agent OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a signed eopy delivered to BuV-r or BuV-r's agent no later than D a.m. D p.m. on , Buyer may revoke this offer and receive a refund of all deposits. PHOENIX REAL TY HOLDINGS, INC. OR ASSIGNS Oate:~ -...... - oz..., l. BUYER" ~ rox 10 No: Title: Telephone: 561-459-1171 Facsimile: 561.6Sg.1197 Address: 303 BS'lYsft Boulovsrd. SulfA 101. Wut Pslm Basch. FL 33401 "' received on Tax ID No: BUYER: Date: Facsimile: Telephone: TiUe: Address: ACCEPTANCE: Sener accepts Buyer's offer and agrees to sell the Property on the above terms and conditions (. to the attached counter offer). BALLOON BUSTERS, INC. SELLER:c/~~~ /J~ Title: Telephone: 772-234-1717 FacsImile: 712.234.1717 Address: P.O. Box 3045. Vero Beach. FL 32964 D subject Tax ID No: Dale: Tax ID No: SELLER: Dale: TIUe: Telephone: Facsimile: ~ ~ Address: ~r~ I ) and Seller' IlA , I ) acknowledge receipt of a copy of This page, which is Page 5 of 5 Pages. The FloI1d8 AsIocIalIon 01 R88Ilor1Il1d IocaIIloardI~of ReIIIorI mek8 no ~ II to tne leg" veIIdIIy or edequICy of tni pIOYlslon d thII form In Iny epecIlc lIW1S8dIon. ThI8 IlIInII8IdIad Ionn IhouId nol b& ueed In complIIx -.acdon8 or with ext&n8Ive rlcI.-t or 8CIdIIon&. ThlIIonn Is 8Yl1l8bIe lor \1M by tne &nh nIIl .... Indu8lIy &nd II nollntencled to IdenUfy \h8 UI8t 88 I Re8IOr. R88IIor 18 I regI8tlIrlId coI&c:tIve I1l8l'IlbenhIP Ill8fk tII8Il1lI'/ b& ueed ontt by nl8I _18. 1lc8llt8- who _ rnemIleIa ollie Nellon8I Aaac:I&lIon d R8dcn and who 8Ub8crIl8 to 118 Cud8 of ElhIee. The c<ipyrtghllews of Ih9 UnJIecI SI8IlII (17 U.s. Code) forbid tte unaUlhol1zed reproducllon of bIllnk rorma by any means IncbIIng facsimile or comJllMl1mlIormS. <:C-20 1997 FIorld8 A8s0d8llon d Reallo,.. AI rlghla reaelWld. Licensed \0 AlIa SlIt Sol\werQ. Software and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Re.erved. (305) 279.8898 . ~, C,'lll'H:ICI,l ('''111,1' I (), II 11" () ll,~' , rl_Uf.:i:Ji\ A~)~,I)CII\ ~I,H: ()I ',I id Il;<\~, tJj: Phoenix Re"ty Advisor. 303 Banyan Boulevard. Suite 1 Of West Palm Beach. FL 33401 Tel/561-659-1177 FaW561-659-1197 Addenclumio CommercIeI Contract between BALLOON 8USTERS. INC. and PHOENIX REAL TV HOLDINGS. INC. OR ASSIGNS concerning the sale and purchese of the Property described as: (SELLER) (BUYER) 11540 US 1. Sebaatl8II. Florid. The clauses below shall be Incorporated Into the Contract referenced above only if Initialed by all parties '(G> )( ) B. SECTION 1031 EXCHANGE: o Buyer l'i( Seller requests.8 Section 1031 tax deferred exchange In connecl1on with this transaction. The parties agree to cooperate In effectlng the exch8ilQe In accordanoe with Section 1031 of the Internal Revenue Code. ilcludlng execution of any documents that may be reasonably necessary to effect the exchange; provided that (1) the party requesting the exchange shal beer all adcItIonaI colt. IncuTed In connectlon wllh the exchange, (2) the non-requestlng party shall not be obligated to delay the closing or to execute 8IlY note, cOntract, or other document providing for any personal liability which would survive the exchange, )-(1;;)( " '. Oc.38 ReY.71fJ3 02003 FIorldI AaIocI8llon of REALTORSe AI Rlghla R88Y8CI. UcenI8d III All SCar. P!Q! 1 of 1 Uaer RegI 81<<11758C Software and Added Formatting. 2004 AIta Ster Software, Ine. All RIGht. Reserved. (305) 279-1898 .,'~,.- ... ...~... ,"- .",................. ..,.;~..,'" ... I, Mar 10 06 04:39p t .. Clarke Olmst.ad 77223...1717 ~G ~ .', .. :P-. ..... ,..~---TrflSI.1IBlI't: ~~ ~.. '. IIMII!MDAIlIlMI8Of~ONI!R: : . YMMIIt....... . .. .....,....~~ .; ... & Eo 1..... ..~ r ........AR~ IQCMHIlIIYSDIIfS (I'." MInIM: DMI ~ 1lf1D$ 't, 47.)' ~ ~. 11M. 1'0; IImu :>\1: ~........,.......... ~ llllAJll'Olll1Ellt =~~ IIIlWIllWEllUUl'l 0IIIIr.. 'IX 162. ~...e...... .. ,.lISCIIOS- JJEn'IP II. -::;., =::fco.RA. ~ - R ~ i i .! .. i ... . i .. spECIAL WAluwnv DEED nh8 SPECW. WARRANTY DEED .... .. tMy 15. 2000. beIlMeeIt WALrIIARf ~ INC.. . ~ COlpGIlIIaa with . ClOfIID'" ..... at 70Z a w. rt" s--. BeI\IllINIIlI, AR 72T11 ("GNnIlI(). ... BALLOON BUSTERS. INC.. . FIadda corpcnlIan, wilt . curpcnIIt 8dlftIa of. P.O. 80Il 3048. Vero Bach, F\. 32884. ~ CIado8 Otndeod ("GIranlM1. \MTNESSETH: 1baI GnnIDr, fer 8Ild In consIdlldUon of Cbo SWIl d T.. Qabra (110.00) ud oIhM' goad ancI ..... 00QSidenIIkln. to ilIA a.lCI peIcI br tbntIIe. .. ~wheIeof" h.-, ~I"''''''' fcMeWr~ lei, CCICMIY- IllIl'IIInn ID GnanlM. Il1II Is M"lI$$Q" IIld ~ . certain tratt oIl1ftd. canIlliMlg 5.909 acres. IIIOIe or .... dulled. lying. ad b8ing In .. CIty of "'aean. ~ of ~ RIver. State 01 Florida. (!he "Prupecty'lBS men par1IcuJMy to wi: See ElII1Iblt eA- aIIacIaed ......to IJllI made a pmt iwnof: .1 ~ - I ! . e. i , 10 HA~ AND 10 HOlD iIIilt ~ adD GIanIIIe. .... as IUCOWS"" ..... MIigna, ........ wIh II ~ ~ .... ~ IIweunto belcMwJn9, aIIlfec:t ID Ir.lfIl8I.......... .......... ClIlIlermellelo oI~. Met!!!l!s! to !hit t'oIIawlna QOIlCIlIaI.1Ild ~ <. -' GnntM connanIa lINt ... .......ttr wi! aoI be used far 01' In oupport of .. foIDWfng: a genenJ IIItInlhaftdloe ..~nt daputlunl .... a wIIo1eu1e III........... dub Gf warwho" club. . grocery ... pills ..-k..IM ..... not appIr 10 . sptICIahV ~ not to dCMCI12.000 ..._ "'1) or .............. 01' · phannac11drug atD,.. 1ltE AFORESAID CONDfTIONS Nm RESTRICTIONS shall Nft with .ftd bRI .., PIapetty end IhaIInln 10 Ole belwlll or and be ..~ by GIamDf. Of an ........ oompany 01' Is ~ by any Iqlpropdale p.oceodInp al ... or In eqUIy to ~ '4IoIaliona of such ccndllIans ., NSbidIons ....uor tD NCOIW cIameges for IIUd1 WlIatIons. such condliDnS 1Rf Jatric;tions she. relNln In dec;t for ~1IYe (25) ye;n. AND SAID GRAMTOR does IIereb1 wand the GIe ID said Propefty. end wi! defend 1he same -sa'" !he IawlUl dams of II penons c:IaImIng by. IhloUgb and u.der GtaAlor. but none od1<<. SIlIlj8ct 10 the IIUmentII. em;umbranccs. resIridionI. and other mdefs of MCIOId, the ClOncItionI and restrictions .. stated henlfn. end subIeet to I'l!8I pr'OIIefty I8ll'eS for the year or2lClOO. 8Ild ~ft8t. ..' IRDAAINDER ()lI PAG& U!FT IHTENT1OIW.LY OtNIK-slONf\l1.IRE PAGE FOLLOWS) A TRUE COPY CERT1FICATION ON LAST PAGE J.K. 8ARfON. QSI( 'Al p.9 8: .! ,.. en iI ':' ~ ... AJ ~ -\g t Mar 10 06 04:3Bp Clark. OlmstliP.d 7722341717 i' : ~~.~J-~OO'CFAr) 11104 PHOENIX BeaUlSHUNS, INC. (FA'" 17~Zl48791 P,007l010 .' p.l0 ~'. ~ ~ Mer 10 OS 04:38p Clarke Olmst..d 7722341717 p.9 : ":-ZD04IFR [) 11: 05 PHOENIlC ACQUISITIONS, INC. ,., . (FAXl77ZZ3187'Jl P.OIO/OIO .. .. wmess WII!NlOF. __...................... .. aecMId .... - Dr .."............. ..... Ill.... -- ..... .. ....... ....,~........... ....,...,.....~...... A~ WNAARrIl'ftlRa"a.c.. .~ ... ..... ;;;'~ .. ~ t-t~ ~ . ~ .... . . 110 ,. .... J .. ...~~+(... )Sa i:OUNrtOf'~ J In 1M .."'~ c..,vI~" as JI3PJ.LA 2ODa."":-. .............. ~PdlIl:.....IIr..., ClIIIq"" ~ f 1)11\ ....... .... A. .......fII!I....--............ 1M""'" dilI~ . .. .,..., "..... a.. ~ _ 1 "'lie ....... T l ..,. III .. ........................................11 . . r ... .... ......................... 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