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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JULY 11, 2007 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BEINSPECTED /N THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation
of the item by the City Council
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER SIMCHICK
3. MOMENT OF SILENCE
4. READING OF CIVILITY PLEDGE BY COUNCIL MEMBER SIMCHICK
We will be respectful of one another even when we disagree. We will direct all comments to the
issues. We will avoid personal attacks.
5. ROLL CALL
6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda maybe added only upon a unanimous vote of City Council members
7. ITEMS CARRIED FORWARD FROM JUNE 27, 2007 REGULAR MEETING
07.025 A. Resolution No. R-07-24 -Repealing Resolution No. R-97-27 Special Use Permit
1-3 806 Indian River Drive (City Attorney, R-07-24)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA RESCINDING RESOLUTION R-97-27
CONCERNING OUTDOOR SEATING AT 806 INDIAN RIVER DRIVE; PROVIDING FOR
CONFLICT AND EFFECTIVE DATE.
07.124 B. Florida League of Cities Annual Conference (City Clerk Transmittal 6/20/07, FLC
5-10 Memo 6/8/087)
i. Select Voting Delegate
ii. Submit Resolutions if Needed
07.135 C. Joe Scozzari -Special Overlay District Regulations that Inhibit Commercial
Development (no backup)
07.136 D. Damien Gilliams
i. Marina Proposal (no backup)
07.137 ii. Donation (no backup)
E. CITY COUNCIL MATTERS
i. Mayor Coy
ii. Mr. Neglia
a. Public Input Time Limit (added)
iii. Council Member Paternoster
07.140 iv. Council Member Simchick
~~-~~ a. Affordable Housing (E-Mail, IRC Agenda Packet Pages)
v. Council Member Wolff
8. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS
07.141 A. Certificates to Public Works Staff for Renovation of Yacht Club
07.061 B. Boys and Girls Club Presentation by Ronnie Hewett and
Youth of the Year Joe Smith
8. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member of City Council so requests; in which event, the
item will be removed and acted upon separately. If a member of the public wishes to provide input on a
consent agenda item, he/she should request a Council Member fo remove the item for discussion prior to start
of the meeting or by raising his/her hand to be recognized.
~s-22 A. Approval of Minutes -June 20, 2007 Special Meeting
23-3s B. Approval of Minutes -June 27, 2007 Regular Meeting
07.142 C. Resolution No. R-07-27 - No Child Left Behind (School Board Letter,
41-53 Reference Guide, R-07-27)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING
CONGRESSMAN DAVE WELDON TO FULLY SUPPORT AND CO-SPONSOR H.R.648
RELATING TO THE NO CHILD LEFT BEHIND ACT OF 2001.
07.143 D. Mayor's Attendance to Strategic Planning Program Sponsored by the Indian
55-58 River County Chamber of Commerce (City Clerk Transmittal, Letter, Form)
07.019 E. Reschedule Public Hearing of Ordinance No. 0-07-10 -Senior Homestead
59-62 Exemption to Replace Emergency Ordinance No. 0-07-09 for Juty 25, 2007 (City
Clerk Transmittal, 0-07-10)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING EMERGENCY
ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR
HOMESTEAD EXEMPTION AND PROVIDING FOR APPLICABILITY, SEVERABILITY AND
EFFECTIVE DATE.
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07.115 F. Reschedule Public Hearing of Ordinance No. 0-07-12 -Cemetery -Definition of
s3-ss Proof of Residency for July 25, 2007 (City Clerk Transmittal, 0-07-12)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING SECTION 34-11 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY
OF SEBASTIAN PERTAINING TO CEMETERY SITE PRICES AND ADDING A PROVISION TO
CLARIFY A SEPARATE FEE FOR SEBASTIAN RESIDENTS AND PROOF THEREOF;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
9. COMMITTEE REPORTS/RECOMMENDATIONS
07.012 A. Construction Board
67-75 (City Clerk Transmittal, Code, Application, Ad, List)
i. Fill one Regular Member, Electrical Contractor Position
07.057 B. Natural Resources Board
n (City Clerk Transmittal)
Confirm Membership and Status of Existing Members
10. PUBLIC HEARING -none
11. UNFINISHED BUSINESS
12. NEW BUSINESS
07.144 A. Approve Revised/Updated Lease with New Cingular Wireless PCS, LLC (City
~s-$a Manager Transmittal, Agreement, Survey)
07.145 B. Conlon Mowing - $45,230 Additional Funding (Public Works Transmittal,
s5-ss Spreadsheets, Map)
07.146 C. Approve $135,985 to Lanzo Pipe Lining Services for Stonecrop/Airport Drive
91-131 East Repair (Public Works Transmittal, Contract, Estimate)
07.147 D. Airport Lease Approval -West One Development, Inc. (backup previously
provided under separate cover)
13. 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
14. CITY ATTORNEY MATTERS
15. CITY MANAGER MATTERS
16. CITY CLERK MATTERS
17. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half
hour by a majority vote of City Council)
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE /N THE COUNCIL CHAMBERS FOR ALL
GOVERNMENT MEETINGS.
Regular City Council Meetings are Scheduled for Live Broadcast on Comcast Channel 25
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM 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 COORDINA TOR A T 589-5330 A T
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
coming meetings:
July 25, 2007- 5:30 p.m. - CRA Meeting
July 25, 2007 - 7:00 p.m. -Regular Meeting
August 8, 2007- 7:00 p.m. -Regular Meeting
August 15, 2007- 6:00 p.m. -City Council Budget Workshop
August 22, 2007 - 7:00 p. m. -Regular Meeting
September 10, 2007 - 6:00 p.m. -Special Meeting - 1 ~ City Council 8udget Hearing
September 12, 2007- 7:00 p.m. - Redgular Meeting
September 19, 2007- 6:00 p.m. - 2" City Council 8udget Hearing
September 26, 2007- 7:00 p.m. -Regular Meeting
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~ City of Sebastian, Florida
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AGENDA TRANSMITTAL
Agenda No. O'7, U X25
Subject: Resolution R-07-24 rescinding R-97-27; Date Submitted: 6/21/07
Special use permit, 806 Indian River Drive
For Agenda of: 6/27/07
SUMMARY:
Per City .Council direction, the proposed resolution rescinds R-97-27 and the conditions imposed
therein as a part of the approval of a special use for restaurant seating on a dock.
RECOM1VtENDED ACTION:
• Move to adopt Resolution R-07-24.
REVIEWED BY CITY CLERK:
AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER:
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RESOLUTION NO. R 07-24
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA
RESCINDING RESOLUTION R 97-27 CONCERNING OUTDOOR
SEATING AT A RESTAURANT AT 806 INDIAN RIVER DRIVE;
PROVIDING FOR CON1H'LICT AND EFFECTIVE DATE
WHEREAS, the City Council enacted Resolution R-97-27 granting special use approval,
with conditions, for outdoor seating on a dock for the restaurant located at 806 Indian River
Drive; and
WHEREAS, the City no longer classifies this activity as a special use; and
WHEREAS, use of the property continues to be restricted by the conditions set forth in
said Resolution;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. RESCISSION. The City Council hereby rescinds Resolution R-97-27.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon
its adoption.
The foregoing Resolution was moved for adoption
. The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
by
Councihnember
and,
Mayor Andrea Coy
Vice-mayor Sal Neglia
Councilmember Al Paternoster
Councilmember Dale Simchick
Counciltnember Eugene Wolff
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The Mayor thereupon declared this Resolution duly passed and adopted this 27a` day of June,
2007.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A. Maio, MMC
City Clerk
By:
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
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Mayor Andrea Coy
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HOME OFyPE1.FUN ISIAND
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: Florida League of Cities Agenda No: 6 7. 1 a,y
Conference -August 2007 Department Origin: City Clerk
Voting Delegate and Resoluction Date Submitted: 6/19/07
Appro d fo miital by: For Agenda of: 6/25
City Attorney:
AI i n y Manager
Exhibits: FLC Memo 6/8/07 w/Attachments
Expenditure Required: Amount Budgeted: Appropriation Required:
N/A N/A N/A
SUMMARY STATEMENT
Florida League of Cities is asking each municipality to designate a voting
delegate for the Annual Conference business meeting which will be held on
August 18, 2007 at which policy development, election of League leadership and
adoption of resolutions will take place.
We have been asked to submit the designee name no later than July 17, 2007.
FLC has also provided procedures for submitting resolutions to League
membership and any resolutions requested need to be submitte to FLC by July
12, 2007.
I would also remind Council members to please provide Jeanette with your
registration requests as soon as possible if you intend to attend. Rooms do run
out.
RECOMMENDED ACTION
Designate a voting delegate.
Consider any resolutions Council would like to submit to the League.
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FLORIDA LEAGiIE OF CITIES INC.
TO: Municipal Key Official
FROM: Michael Sittig, Executive Directo
DATE: June 8, 2007
SUBJECT: ~ 81st Annual Conference -Celebrating FLC's 85th Anniversary
VOTING DELEGATE AND RESOLUTION INFORMATION
August 16-18, 2007 Orlando Marriott World Center
As you know, the Florida. League of Cities' Annual Conference will be held at the Marriott
World Center in Orlando, Florida on August 16-18. This year we are celebrating the Florida
League of Cities 85th Anniversary. We will provide valuable educational opportunities to
help Florida's city officials serve their citizenry more effectively.
It is important that each municipality designate one person to be the voting delegate. Policy
development, election of League leadership and adoption of resolutions are undertaken during
the business meeting. One official from each municipality will make decisions that determine
the direction of the League.
In accordance with the League's by-laws, each municipalities vote is determined by
population, and the League will use the Estimates of Population from .the University. of
Florida for 2006.
Registration materials have already been. sent to each municipality. Call us if you need
additional copies. We have attached the procedures your municipality should follow for
presenting resolutions to the League membership. If you have any questions on voting
delegates, please call Gail Dennard at the League at Suncom 278-5331 or (800) 616-1513,
extension 256. If you have questions regarding resolutions, please call Allison Payne Suncom ,
278-5331 or (800) 616-1513, extension 116. Resolutions forms must be received by the
League no later than July 12, 2007 and Voting delegate forms must be received by the
League no later than July 27, 2007.
Attachments: Form Designating Voting Delegate
Procedures for Submitting Conference Resolutions
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President Rene Flowers, Council Vice Chair, St. Petersburg
First Vice President Frank Ortis, Mayor, Pembroke Pines ~ Second Vice President Carmine Priore, Councilmember, Wellington
Executive Director Michael Sittig ~ Genera! Counsel Harry Morrison, Jr.
301 South Bronough Street, Suite.. 300 • P.O. Box 1757 • Tallahassee, FL 32302-1757
(850) 222-9684 • Suncom 278-5331 • Fax (850) 222-3806 • Web site`. www.flcities.com
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Procedures for Submitting Resolutions
Florida League of .Cities' 81st Annual Conference
Orlando Marriott World Center, Orlando, Florida
August 16-18, 2007
In order to fairly systematize the method for presenting resolutions to the League
membership, the following procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the League
office by July 12, 2007, to .guarantee that they will be included in the packet of
proposed resolutions that will be submitted to the Resolutions Committee.
(2) Proposed resolutions .will be .rewritten for proper form, duplicated by the League
office and distributed to members of the Resolutions Committee. (Whenever
possible, multiple resolutions on a similar issue will be rewritten to encompass the
. essential subject matter in a single resolution with a listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee at
the conference; however, a favorable two-thirds vote of the committee will be
necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the
conference without prior committee approval by a vote of two-thirds of the
members present. In addition, a favorable weighted vote of a majority of members
present will be required for adoption.
(5) Proposed resolutions relating to state le 'slation will be refereed to the appropriate
standing policy council. Such proposals will not be considered by the Resolutions
Committee at the conference; however, all state legislative issues will be
considered by the standing policy councils and the Legislative Committee,. prior to
the membership, at the annual Legislative Conference each fall.
Municipalities unable to formally adopt a resolution before the deadline may submit a
letter to the League office indicating their city is considering the adoption of a resolution,
outlining the subject thereof in as much detail as possible, and this letter will be forwarded
to the Resolutions Committee for consideration in anticipation of receipt of the-form. al
resolution.
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81st Annual Conference
Florida League of Cities, Inc.
August 16-18, 2007
Jacksonville, Florida
It is important that each member municipality sending delegates to the Annual Conference of
the Florida League of Cities, designate one of their. officials to cast their votes at the Annual
Business Session. League By-Laws requires that each municipality select one person to serve
as the municipalities voting delegate. Municipalities do not need to adopt a resolution to
designate a voting delegate.
Please fill out this form and return it to the League office so that your voting delegate maybe
properly identified.
Designation of Voting Delegate
Name of Voting Delegate:
Title:
• Municipality of
AUTHORIZED BY:
Name
Title
Return this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 175Tallahassee, FL 32302-1757
or Fax to Gail Dennard at (850) 222-3806
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Important Dates
May 30, 2007
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions Committee
Ju_ ly 2
Appointment of Resolutions Comnttee Members
July 12
Deadline for Submitting Resolutions to the League office
August 16
League Standing Council Meetings
Resolutions Committee Meeting
Voting Delegates Registration
August 18
Immediately Following Luncheon -Pick Up Voting Delegate Credentials
.Followed by Annual Business Session
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Sally Maio
From: Dale Simchick
~ent: Monday, June 18, 2007 9:36 PM
o: Sally Maio
Cc: Alfred Minner
Subject: agenda June 27th
Importance: High
Sally,
Please put under my matters piscussion for affordable Housing in City of Sebastian.
Please include from county packet (since it was my month for county meetings) back-up pages
178-182 involving discussion and uses for surplus land. I saw this on the agenda for
Tuesday June 11th and felt that it was an item I would like to take to the table for group
input/ideas. Thanks Dale
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INDIAN RIVER COUNTY, FLORIDA
. MEMORANDUM
TO: Joseph A. Baird .
County Adminis or
DE NT HEAD CONCURRENCE:
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Robert M. Keating, .A7CP ' - - -
Community Development irector
FROM:, Saran Rohani, AICP S' ~~
...Chief, Long-Range Planning .
DATE.: June 11, 2007
SUBJECT: CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS
PROPERTIES FOR AFFORDABLE HOUSING
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of June 19, 2007. .
BACKGROUND
In 2006, -the Iegislatwe passed HB 1363 relating to affordable housing. One provision of that bill is
that each local government must prepare an inventory of all. real property that it owns within its
jurisdiction that is appropriate for use as affordable housing.
Attached is a copy of Section 125.379, Florida Statutes, that relates to "disposition of countyproperty
for affordable housing". According to .that statute provision, each county shall, by July 1, 2007, and
every 3 years thereafter, prepare an inventory list of all real property within its jurisdiction to which the
county holds fee supple title that is appropriate for use as affordable housing. The inventory list must
include:
^ Address of each parcel
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• Legal description of each parcel (property tax LD. number)
• Indication if the property is vacant or improved
• Indication if the property is appropriate for affordable housing
According to Section 125.379 (1), F.S., the governing body of the county must review the inventory List
at a public hearing and may revise the-list at the conclusion of the public hearing. The Board shall then
adopt a resolution that includes an inventory list of county owned properties that are appropriate for
affordable housing.
The properties on the list that are identified as appropriate for use as affordable housing (Appendix A
of the attached resolution) maybe:.
• Sold to generate funds for the. provision of affordable housing
• Sold with a restriction that requires the deveIapment of the property as permanent affordable
housing, or
• .Donated to non-profit housing organizations for the construction of permanent affordable
housing
DESCRIPTION AND CONDITIONS
Recently, planning staff compiled the required county owned properties list. Prior to finalizing the list,
county staff received aninety-seven page printout from Mr. aim Goldsmith, the chairman of the
Coalition for Attainable Homes. That printout, derived from the Property Appraiser's web site, listed
vacant properties in the county that included "Indian River County" in the property owner's name field.
]:n transmitting the printout to the county, Ivlr. Goldsmith inquired as to whether those properties could
be surplused to the coalition for the provision of affordable housing.
Using County Property Appraiser data as a base, staff conducted an independent search for county
owned properties. That search yielded a total of 441 county owned properties. After extensive
research and coordination with other departments, planning staff has now identified the designated use
for each of the properties on the list.
As indicated on-the list (attachment #2}, many of these. properties were purchased by the county for
right-of--way, storrnwater, conservation purposes, or other county related uses. Other properties are
park sites in various subdivisions that were dedicated to the county through the platting process.
Finally, some of these properties are not owned by the county, but instead are owned bq Indian River
County School District.
Based on its research, staff has determined that only 10 out of the 441 parcels on the original list aze not
designated for any specific public use.
If the Board of County Commissioners chooses, these ten properties may be surplused and used for
affordable housing purposes.
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Alternatives
With respect to the ten referenced parcels, the Board of County Commissioners has the following
choices:
1. To keep them for future use, or
2. To surplus them for the provision of affordable housing.
Staff supports .alternative number 2. Because each of the- ten properties is a lot in a residential
subdivision, the ten properties are .not conducive for any standard public use. Consequently, the
county does not have any reason to retain these properties. On the other hand, there is a great
demand for affordable housing. If the Board decides to surplus the subject properties for the
provision of affordable housing, then there axe three options available. These options are;
1. Sell the properties and contribute the proceeds to the counry's affordable housing trust fiord
(SHIl' Trust Fund), or
2. Sell the properties with a deed restriction that requiresthat -the properties be developed as
permanent affordable housing, or
3. Donate the properties to non-profit housing organizations to construct affordable housing
unfits with deed restrictions to ensure that the properfiies are maintained as permanent
affordable housing.
Staff supports either option number 1 or option number 3.
^ Option i
Option one is the easiest to implement because it does not require long term monitoring.
With this option, funds derived from selling the properties would be deposited in the county's
affordable .housing trust fund and used for affordable housing program activities such as
downpayment/closing cost or rehabilitation assistance. Over the last fifteen years, the county's
affordable housing program has been extremely successful, providing assistance to 8l9 very low, Iow,
and moderate income households. Most of that assistance has been provided in the form of
downpayment/closing cost loans. With this program, the process for providing assistance is already
established, and only limited monitoring is required.
The downside of this option is that the housing market is depressed, property is not selling, and prices
are down. So even if the lots were sold, the yield from-the sales would probably be low.
^ Option 2
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In contrast to option one, option 2 is difficult to implement. With option two, the county would need to
coordinate with Iot buyers to ensure .that Iots are developed with an affordable housing unit and to
structure resale restrictions. Then a process would need to be established to monitor all subsequent ~~
transactions to ensure that assisted units remain affordable and that new buyers axe income eligible. ~.r-""`--~
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With option 3, there would be monitoring issues similar to option 2. These monitoring .issues with
option 3, however, can be resolved if Lots are donated to anon-profit housing organization that has
established a non profit Community Land Trust (CLT) with established. procedures that have been
approved by the Board of County Commissioners. In this case, the CLT. will verify income eligibility
and will ensure that original and subsequent sales are affordable.
Currently, the Coalition for Attainable Homes is in the process of becoming a community land trust.
As such, the coalition would qualify to receive the referenced lots as a county donation. Since the
community land trust model involves the trust retaining ownership of the land on which affordable
housing units are built and then selling the affordable units to qualifying households, the county can
donate the Lots to the coalition/CLT with a reverter whereby the county would receive the lots back if
they .were not used for affordable housing purposes.
If option 3 is chosen, the subject properties should be offered to non-profit housing organizations with
established CLTs through a competitive process so that all non-profit housing organizations would
have an opportunity to obtain the properties. Through that process, the county could review the CLT's
criteria, processes and procedures to ensure that the objective of using the Tats for affordable housing
purposes is achieved.
REC4MMENDATIUN •
Staff recommends that the Board of County Commissioners review the attached list, make any
appropriate changes and approve the attached resolution accepting the List of county owned properties
that are appropriate for the provision of affordable housing.
Also, staff recommends that the Board direct the General Services Director to offer the ten properties to
non-profit housing organizations with established CLTs {such as the Coalition for Attainable Homes or
Habitat fox Humanity) with the condition that any such CLT have established criteria, processes, and
procedures acceptable to the Board of County Commissioners. Staff further recommends that, if no
non-profit housing organization with an established CLT submits a request for these lots by October i,
2407, the Board direct the General Services Director to sell these properties and contribute the sale
pxoceeds to the county's affordable housing (SHIP) trust fund for the provision of affordable housing
through the county's existing established affordable housing program.
Attachments
1. Copy of pages 4 and S of HB 1363, including section 125.379 F.S.
2. Copy of the county owned properties list (2007)
3. Copy of the resolution containing a list of county owned properties which are appropriate
for provision of affordable housing
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. Approved Agenda. Item:
_ By:
'For: June I2, 2007
Indian River Co. Approved Date
A~• G r3 a
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Budget ~~ v?
Dept
Risk Mgr.
F:\Conununity Development\U$ers\VICKIE\SASAN\afforda6lehousingsurplusland.doc
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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
SPECIAL MEETING CALLED BY COUNCIL MEMBER SIMCHICK
MINUTES
WEDNESDAY, JUNE 20, 2007 - 7:15 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Coy called the Special Meeting at 7:15 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
CitLr Council Present:
Mayor Andrea Coy
Vice-Mayor Sal Neglia
Council Member AI Paternoster
Council Member Dale Simchick
Council Member Eugene Wolff
Staff Presenfi
City Manager, AI Minner
City Attorney, Rich Stringer
City Clerk, Sally Maio
Human Resources Director, Debra Krueger
Airport Manager, Joe Griffin
MIS Senior Systems Analyst, Barbara Brooke-Reese
4. SPECIAL MEETING ITEM
A. Indian River Community College (IRCC) Lease (City Manager
Transmittal, Lease, Schedule of Classes, City Manager Memo, ARC
Lease, Historical Society Lease,Wolff E-Mail, Packet of Info from Clerk,
10/29/04 Council Info Letter, Stringer E-Mail, Chamber Letter)
The City Manager said staff was contacted by members of Council for additional
information following the last meeting, and then listed additional backup provided
to Council in this agenda packet. He reiterated data as set out in his memo to
Council dated June 15, 2007 as to financial analysis (page nine of packet),
including lease fees and City costs. He described other items which indicated
discussions of this use by IRCC going back several years, as well as change
orders for the building.
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Special City Council Meeting
June 20, 2007
Page Two
Ms. Simchick said she called the special meeting in the best interest of the City.
Mayor Coy asked the City Attorney to clarify why she is sitting with Council
tonight rather than recusing herself as she did last week.
The City Attorney said just before the start of the June 13~' meeting, Mayor Coy
asked him if she had a conflict, and at that time, it was his opinion that she did
have a conflict under Florida law, however, upon further review of statutes he
cited an exception that exempts referenced principals which include community
colleges, and in fact Florida law requires that an individual must vote on the issue
unless there is a conflict.
Mayor Coy said she did not consider it a conflict until just prior to the meeting the
Press asked her if it was a conflict, and she decided to ask the Attorney who at
that time said it was, and she stood on his advice. She said she appreciates that
he took the time to look up the statute.
Ken Moskowitz, Tracy Drive, Charter Junior HS, expressed a concern that they
were not contacted and asked in the future that they be contacted.
Robert Johnson, South Easy Street, said IRCC is one of the finest organizations
and appreciated a second opportunity to get them in the City.
Damien Gilliams, 1623 US 1, said he was for IRCC coming to the community,
stated the City needs to have policy and procedure in place for surplus property
and expressed concern about negative cash flow.
Chuck Lever asked why the public was not allowed to speak at the last meeting.
Mayor Coy explained Council was down to 25 minutes left in the meeting, noting
she had made a motion at the beginning of the meeting to move the item and it
was turned down by Mr. Paternoster and this item was left to the end of the
agenda with little time.
Louise Kautenberg, Sebastian, thanked Council for taking the time out of their
time to address this item, noted that part of the renovation was paid for by an
historic grant, was a school and will be a school, and found it surprising that any
one would claim they were unaware of it since it was in the Pelican Brief.
Mr. Neglia said this will be good for the community and requested that rather
than automatically renewing on the anniversary date, the lease be renegotiated,
based on his concern for City costs.
Dr. Sullivan said the ninety days was added in for this purpose.
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Special City Council Meeting
June 20, 2007
Page Three
Discussion followed on the City's reimbursement relative to how many classes
the college will be able to fill; the addition of a mutual indemnification clause; the
change orders required after the designated use changed from community rooms
to college classrooms, and when was it decided that IRCC would have use of the
entire 2"d floor.
Mr. Paternoster expressed concerns that the building was renovated on an
assumption that IRCC would move in; if the same legal restrictions apply for both
a lease and use agreement; and why the agreement was not presented to
Council and the public sooner.
Ms. Simchick said there were very good comments from the public including
Baxter Coston's letter (see attached) and cited benefits for the City. She also
pointed out the with the air conditioning/insulation upgrade and the fact that the
building will not be in use all the time, that the operational costs might be lower.
Mr. Wolff thanked everyone for their attendance; said he is not against IRCC as
such but was in a tenable situation because of recent sensitive lease issues, the
Mayor's employment at the college, a search in public records for a vote or
directive from Council and that the public was not allowed to speak at the last
meeting. He said he needed to have numbers to show transparency and fiscal
responsibility; he would like a "heads up" when the lease reaches the renewal
point and asked the amount of $35 per class, "per occurrence" be added to the
lease. He also asked about parking and stated he hoped that IRCC's equipment
would be locked up if the floor will be used by other entities.
A MOTION by Mr. Paternoster to approve the use agreement for IRCC for the old
school house next door, with a SECOND by Mr. Neglia.
Ms. Simchick requested the City Manager or City Attorney notify Council of any
problems 90 days prior to the renewal time to address any concerns.
Mr. Paternoster RESCINDED original motion and made a MOTION to approve
the IRCC college use agreement with the amendments: 90 day notice and "per
class, per occurrence" language with a SECOND by Mr. Neglia.
The City Attorney stated the change should read in Section 1: " ..the agreement
...shall automatically renew on the anniversary date thereof provided that each
party gives the other written notice no less 90 days before any such anniversary,
of it's intent to renew the agreement."
The City Attorney asked if $35 per occurrence or per class session would be
preferred by Council. Mr. Wolff liked "per class, per occurrence."
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Special City Council Meeting
June 20, 2007
Page Four
The City Attorney asked if Council was comfortable with mutual indemnification
including sovereign immunity and they were.
Roll call vote result was as follows:
Ayes: Neglia, Paternoster, Simchick, Wolff, Coy
Nays: None
Passed
5. Being no further business, Mayor Coy adjourned the meeting at 8:46 p.m.
Approved at the Regular City Council meeting.
And-ea Coy -Mayor
ATTEST.•
Sally A. Maio, MMC -City Clerk
4
~C1N~t"~F
3 y,h
HO"~M~E OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 27, 2007 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
5.
Mayor Coy called the Regular Meeting to order at 7:10 p.m.
The Pledge of Allegiance was led by Council Member Paternoster.
There was a moment of silence.
READING OF CIVILITY PLEDGE
Mr. Paternoster read the civility pledge, "We will be respectful of one another even when we
disagree. We will direct all comments to the issues. We will avoid personal attacks."
ROLL CALL
City Council Present:
Mayor Andrea Coy
Vice-Mayor Sal Neglia
Council Member AI Paternoster
Council Member Dale Simchick
Council Member Eugene Wolff
Staff Present at Dais:
City Manager, AI Minner
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Staff Present in Chambers:
Airport Director, Joe Griffin
Building Director, Wayne Eseltine
Engineer, Dave Fisher
Finance Director, Shai Francis
Growth Management Director, Rebecca Grohall
Human Resources Director, Debra Krueger
Police Chief, Jim Davis
Public Works Director, Jerry Converse
Public Works Assistant, Linda Kinchen
MIS Systems Analyst, Barbara Brooke-Reese
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Regular City Council Meeting
June 27, 2007
Page Two
6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS
Items not on the written agenda maybe added only upon a unanimous vote of City Council members
The City Manager requested addition of Item 18B under Mr. Neglia's Matters for Council
to consider time limits which he had missed putting on the agenda.
On a voice vote of 5-0 the item was included at 186.
Mayor Coy asked that Council consider moving item 7D under Introduction of New
Business from the Public to item 136 since it is a carryover matter and now Mr.
Paternoster has added the same issue to New Business.
Mr. Paternoster said 7D is a carryover item for a member of the public and it is not
appropriate to couple it with his item.
Ms. Simchick suggested putting them together and specifying the speaker as 1361
Mr. Paternoster asked for a legal analysis and the City Attorney responded that
precedent had been set on a similar matter and the items were combined.
Mr. Paternoster said it would be unfair not to allow Mr. Gilliams to speak since the item
was carried over from the last meeting and the City Attorney recommended moving item
136 to item 7D.
Mr. Paternoster said the City Manager review was to have been done in February and
was postponed until now which was why he put it on the agenda, and that he and Mr.
Gilliams may have different issues to discuss.
The City Attorney opined that it would take a unanimous vote to change the agenda.
Mayor Coy said Mr. Gilliams' item was not appropriate under Introduction of New Business
from the Public since it had occurred within the last six months. (Actually the procedure is
"Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda')
MOTION by Mayor Coy to delete 7D (no second) and call for vote -voice vote 3-2.
(Paternoster, Wolff -nay)
7. ITEMS CARRIED FORWARD FROM 6/13/07 REGULAR MEETING
07.122 A. Presentation by North County Relay for Life Chairman Burkeen tno backup)
Mr. Burkeen was not present.
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Regular City Council Meeting
June 27, 2007
Page Three
07.127 B. Shift Capital Project Funding from Public Works Compound Phase I in the
~-4 Amount $300,000 to Stonecrop Street Crossing (City Manager Transmittal, 2
Photos
The City Manager reported briefly on the item.
MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, to approve Public Works
Compound Stonecrop rehabilitation shift in the amount of $289,972.
Roll call vote result was as follows:
Ayes: Neglia, Paternoster, Simchick, Wolff, Coy
Nays: None
Passed
07.019 C. First Reading of Ordinance No. 0-07-10 -Senior Homestead Exemption to
5-s Replace Emergency Ordinance No. 0-07-09 -Set Public Hearing for ~~
7/11/07 (City Clerk Transmittal, 0-07-10~
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING EMERGENCY
ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR
HOMESTEAD EXEMPTION AND PROVIDING FOR APPLICABILITY, SEVERABILITY AND
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-07-10 by title.
Todd Klitinic, Barber Street, Sebastian, urged approval
MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, to approve Ordinance No. 0-
07-10, repealing 0-07-09, adopting permanently the additional $25,000 exemption in
accordance with the Charter and set the public hearing for July 11, 2007.
Roll call vote result was as follows:
Ayes: Paternoster, Simchick, Wolff, Coy, Neglia
Nays: None
Passed
07.119 D. Introduction of New Business from the Public -Damien Gilliams -City Manager
Evaluation (no backup)
Mr. Gilliams, 1623 US 1, Sebastian provided a copy of the same evaluation he had
provided to Council in their mailboxes to the City Clerk. He said he had reviewed Mr.
Neglia's evaluation, heard Ms. Simchick had done hers, and asked why the City
Manager refused to put the City Attorney's evaluation on this agenda, and Mayor Coy
asked him to stay with the subject on this agenda. Mr. Gilliams asked if he could get a
vote and Mayor Coy said he could not.
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Regular City Council Meeting
June 27, 2007
Page Four
He then read from his evaluation of Mr. Minner and asked where the goals are in the
evaluation form, and said the form needs to be changed. He continued to read his
evaluation.
Mayor Coy asked if he was going to read the entire evaluation and said the form was
more appropriate for Council use.
Mr. Paternoster said he wanted to hear Mr. Gilliams.
Mayor Coy asked Mr. Gilliams what his qualifications were to do the evaluation and Mr.
Gilliams said he did not have to answer that.
Mayor Coy asked him again if it was his intent to go through the entire evaluation since
he has already provided a copy and the Clerk can make copies for the public.
Mr. Gilliams said since he cannot contact the Mayor outside of a meeting he is here to
do that.
MOTION by Mr. Neglia and SECOND by Mayor Coy to put a three minute time limit on
this right now.
Mr. Paternoster said he already said he wanted to hear the gentleman and if he needed
to call a point of order he would have. He said if we have to go through it point by point
the public has a right to hear how our City Manager and City Attorney are evaluated.
Mayor Coy called for a roll call on the motion on the floor.
Roll call vote result was as follows:
Ayes: Simchick, Coy, Neglia
Nays: Wolf
Mr. Paternoster asked what Council was voting on.
Mayor Coy said "three minute time IimiY', and Mr. Paternoster responded that Mayor Coy
ignored what he said.
Mr. Paternoster called for a point of order.
Mayor Coy asked if this is in accordance with Roberts Rules and the City Attorney stated
that with a point of order he gets to say what he feels is the order.
Mr. Paternoster reiterated he said he would like to hear what this gentleman wants to
say and the Mayor has completely overridden that fact and tried to sequester him, and
then Mr. Neglia said he wanted a time limit, and he was asking if he needed to put the
first question to a vote to see if Council could listen to what this gentleman has to say.
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Regular City Council Meeting
June 27, 2007
Page Five
The City Attorney said as part of his vote, Mr. Paternoster can say he doesn't want to
limit it to three minutes and instead that he be able to talk unfettered and if the vote fails
he could make a motion to overrule the Chair's request that he move on.
Mr. Gilliams requested to speak and the City Attorney said Council needed to finish the
vote.
Mr. Paternoster voted nay on the motion at this time.
Motion passed 3-2.
Mr. Gilliams continued his City Manager evaluation with three minutes allowed for input
resulting in 1.5 rating which means remove and replace. He said he told the City
Manager construction was going down and what did he do but hire an Environmental
Planner, and asked why the City is firing people who have been here for 18 years and
instead not letting new people go.
Mayor Coy said she would not let him spread rumors, saying he knows nothing of what
is going on and gave him a first warning.
Mr. Gilliams said again the City needs to terminate and replace.
Mayor Coy provided a copy of her City Manager evaluation to Mr. Gilliams.
07.021 E. Council Member Wolff Matters -City Attorney Evaluation (no backup)
Mayor Coy asked if it was Mr. Wolff's intent to read a public evaluation and he said no.
Mr. Wolff stated the evaluation process could use improvement and the five members of
Council should be able to sit down together and set some realistic goals for the Charter
officers, and then maybe conduct a bi-yearly checkup. He said he thought the City
Manager and City Attorney would appreciate feedback and it would create more
effective communication.
Mayor Coy proposed a public workshop perhaps at the community center as Council
under the Sunshine for Council's own debate to set ground rules for evaluations and
how to run a meeting appropriately and consistently. Mr. Wolff said this was the type of
feedback he was looking for.
Ms. Simchick said it was difficult for her to do an annual evaluation having been in office
for such a short time and did agree with Council's need to get together. Mr. Neglia
agreed to get together as a group, said he met with Mr. Minner, that he is doing a good
job, it is a tough job, and he was not in favor of the way Council currently does the
evaluations.
~(
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5
Regular City Council Meeting
June 27, 2007
Page Six
Mr. Paternoster asked Mayor Coy why she suddenly thinks everything is out of order
and needs to be fixed. He said he had asked Mr. Minner and Mr. Stringer to supply
Roberts Rules of Order and laws of the State relative to proper procedures for Council
and has not gotten them. He asked the City Attorney if citizens would have input into
what is being said at the workshop.
The City Attorney said it is Council's choice.
Mr. Paternoster said he will go forward for this forum but he thought that is what Council
does here.
MOTION by Mayor Coy and SECOND by Mr. Neglia for a retreat open to the public but
for discussion by Council only.
Ms. Simchick said she had difficulty with the evaluation form blanks going out to the
public just because they are available and does not feel it is a public input matter. She
said Council should stick to how we develop our form and goals setting as a Council and
is willing to put her time in.
Mr. Paternoster said people of the City should have some type of input and maybe
Council can take suggestions from them. Mayor Coy said the public can contact
members of Council.
Roll call vote result was as follows:
Ayes: Coy, Neglia, Simchick, Wolff
Nays: Paternoster
Passed
8. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS
07.128 A. Proclamation Motorcycle Safety and Awareness Month -July
9
Mayor Coy read and presented the proclamation to Gail Heinbockel along with many
members of ABATE.
Ms. Heinbockel and Ed "Spider" Mills thanked the City, addressed the audience about
the importance of motorcycle safety and presented umbrellas and bags to members of
Council from ABATE.
07.129 B. Chuck Lever
Boat Parking (no backup
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Regular City Council Meeting
June 27, 2007
Page Seven
Chuck Lever, Mulberry Street, recommended issuing boat trailer parking stickers and
setting fees and gave a power point presentation on his idea.
Mayor Coy said she hoped that a member of Council would place this item on a future
agenda and that he had very good ideas.
Proclamations and Awards (no backup,
Chuck Lever recommended that police officers be recognized at least once per year,
and perhaps a plaque commemorating officers should hang in the City Hall or Police
station, starting with Chief Davis.
Chief Davis said there is police memorial week in May, but he did not think it necessary
to set aside a special recognition week for Police Officers. Mayor Coy said anytime he
would like to recognize any of his officers to let them know.
MOTION by Mr. Paternoster and SECOND by Ms. Simchick to set aside a week to be
determined for Police Officer recognition Week and start out with Chief Davis as soon as
possible if the City can.
Each member of Council praised the Chief and his department for what they do.
Roll call vote result was as follows:
Ayes: Neglia, Paternoster, Simchick, Wolff, Coy,
Nays: None
Passed
Ms. Simchick thanked Mr. Lever for his presentation on the boat trailer parking and
received a consensus to direct staff to look into the issue.
Mr. Paternoster said he had spoken to the City Manager about this and the City
Manager is intrigued by it and said it could be up and running by October 1St. The City
Manager said it can be researched quickly and an ordinance brought back.
The City Attorney cautioned he will have to review conditions of grant money used for
CAVcorp lot improvements.
9. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member of City Council so requests; in which event, the
item will be removed and acted upon separately. 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 or by raising his/her hand to be recognized.
11-12 A. Approval of Minutes - 6/13/07 CIP Workshop
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Regular City Council Meeting
June 27, 2007
Page Eight
13-26 B. Approval of Minutes - 6/13/07 Regular Meeting
07.016
27-37
C. Resolution No. R-07-23 -Support for IRC Commission to Approve Amendments to
IL District Regulations (City Clerk Transmittal 6/20/07, R-07-23, County Proposed
Ordinance)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA URGING
THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS TO APPROVE A PROPOSED
ORDINANCE TO AMEND INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS
CHAPTER 911, ZONING, BY REVISING THE TABLE OF USES FOR INDUSTRIAL DISTRICTS
IN SECTIONS 911.11(4) AS RECOMMENDED BY STAFF AND COUNTY PLANNING AND
ZONING COMMISSION ; PROVIDING FOR AN EFFECTIVE DATE.
07.130
39-41
07.131
43-45
10.
07.071
47-48
3t~
D. Award Bid for Annual Cold in Place Recycling Base Course Contract to Asphalt
Recycling, Inc. of Melbourne -Streets Done as Needed and As Funding
Permits (PW Transmittal, Bid Tabulation)
E. Award Bid for Annual Paving Contract to APAC-Southeast Inc. of Melbourne -
Streets Done as Needed and As Funding Permits (PW Transmittal, Bid
Tabulation)
MOTION by Mr. Neglia, and SECOND by Ms. Simchick, to approve consent agenda
items A, B, C, D and E.
Roll call vote result was as follows:
Ayes: Paternoster, Simchick, Wolff, Coy, Neglia
Nays: None
Passed
Mayor Coy called recess from 8:25 p.m. to 8:38 p.m. All members present.
COMMITTEE REPORTS/RECOMMENDATIONS
A. Parks and Recreation
i. Reappointments from Districts to At-Lame Positions (City Clerk
Transmittal 6/20/07, Member List)
The City Clerk read the list of names of existing district members, Don Wright, Kelly
Palfi, Cindy Falco, Jeff Kagan and Alternate Gary Barth and asked that Council formally
approve transferring these individuals to the newly designated at-large positions.
Mr. Neglia corrected Mr. Wright's term expiration date.
It was noted that Mr. Barth did not want to become a regular member.
Regular City Council Meeting
June 27, 2007
Page Nine
MOTION by Mr. Neglia and SECOND by Mayor Coy, to transfer named individuals to the
newly designated at-large positions carried on a voice vote of 5-0.
07.001 ii. Interview, Unless Waived, and Appoint One At-Carpe Member and One
49-57 Alternate Member to Fill Vacancies (City Clerk Transmittal, Two
Applications, Press Release)
The City Clerk noted that Tammy Outright withdrew her application today by
phone.
MOTION by Mr. Neglia and SECOND by Mr. Wolff to appoint JoAnn White to the
regular member position carried on a voice vote of 5-0.
Mr. Neglia clarified that the City will advertise the alternate position.
Ms. White was asked to come to the podium and was welcomed and then
questioned by Mr. Paternoster as to her particular preference on the dog park,
whether she had visited parks and talked to young people as to their needs. Ms.
White said she had to learn more about the dog park and having been an
elementary school teacher she had experience talking with children.
11. PUBLIC HEARING
07.057 A. Ordinance No. 0-07-11 -Natural Resources Board (City Attorney Transmittal,
59-63 0-07_11)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION
2-240 AND ADDING SECTION 2-241 TO CREATE THE NATURAL RESOURCES BOARD;
PROVIDING FOR INITIAL COMPOSITION, CONFLICT AND EFFECTIVE DATE. (PJ 6/17/08)
Mayor Coy opened the public hearing at 8:48 p.m.
The City Attorney read Ordinance No. 0-07-11 by title.
There being no input, Mayor Coy closed the public hearing.
Council briefly deliberated.
The City Clerk noted that Trish Adams had told her during the recess that she wanted to
address City Council on the ordinance language and had just entered the room.
Mayor Coy ruled that the hearing was closed and Council would not hear any further
input.
MOTION by Mr. Paternoster and SECOND by Mr. Neglia, to approve Ordinance No. 0-
07-11 Natural Resources Board.
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Regular City Council Meeting
June 27, 2007
Page Ten
Roll call on the motion was as follows:
Ayes: Simchick, Wolff, Coy, Neglia, Paternoster
Nays: None
Passed
12. UNFINISHED BUSINESS
07.102 A. Dog Park Update -Chairman Don Wright (Memo Re: Insurance E-mail 5/26/07)
65-68
Don Wright, Chairman of Parks and Recreation handed out additional information (see
attached) to Council and addressed City Council relative to its previous questions about
insurance.
Mr. Paternoster questioned the Finance Director's insurance inquiry and a-mail response
(included in agenda packet) and asked her if she had asked about a number of dogs,
canine units, watering stations, potential dog bites to citizens and children, viruses and
the Finance Director responded she did not but they were aware this would be modeled
after the Sanford Dog Park.
Mr. Paternoster asked the City Attorney if he would follow up with this for his satisfaction
and he said he would.
Mr. Wright finished his presentation relative to need for the facility and use, had obtained
a letter from Ilka Daniel with the Humane Society stating that there are approximately
8,247 records of licensed pets in this zip code; and provided a petition with 301
signatures obtained over a two week period at the Humane Society (see attached). He
cited a unanimous vote of Parks and Recreation Committee to move forward on this
project and asked Council to approve the concept of the dog park and turn it over to City
staff to begin the process of implementation.
The City Clerk read a letter of objection to the proposed location from John Tenerowicz,
310 South Wimbrow Drive, Sebastian into the record (see attached).
The following members of the public urged approval
^ Betsy Field-Connelly, 149 Kildare Drive, Sebastian
^ Jack Wilson, Rose Arbor Drive, Sebastian
^ Ilka Daniel, Outreach Services, Humane Society
^ Damien Gilliams, 1623 US 1, Sebastian
^ Patrick Quinn, Barker Street, Sebastian
Joe Scozzari, 1401 Thornhill Lane, Sebastian, said it needs to be determined whether
larger dogs would require higher insurance.
Mayor Coy described her positive visit to the Sanford Dog Park and supported approval
in concept. Mr. Neglia noted we have not decided on the site.
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Regular City Council Meeting
June 27, 2007
Page Eleven
Mr. Paternoster asked Mr. Wright whether the petition included addresses, who
responded it was not a professional petition and it was placed at the Humane Society.
Mr. Paternoster said he had asked for a survey for demonstrated need and Mr. Wright
said he and the City Manager didn't feel it was appropriate for members of the
committee to conduct a survey of the City and it should be done by City staff and it was
premature to survey in a specific area until Council decides it wants to go forward.
Mr. Paternoster cited a notation in the backup literature that states some of the
information was derived from the Internet and was not specific to the City of Sebastian.
He said he would hope that Mr. Wright would want to represent the people of Sebastian.
Ms. Simchick called a point of order and stated that Parks and Recreation Committee is
a volunteer committee and felt there was some hostility toward someone who invested
their time for free.
Mr. Wright began to respond to Mr. Paternoster but was interrupted by him.
Mayor Coy gaveled and said this is not an argument and Mr. Paternoster spoke and she
again gaveled him and said by Roberts Rules when she gavels he will be quiet. He said
he would not and was talking to the gentleman. He said if she did not like the tone of his
voice he would apologize for that but he needs to get his questions answered clearly.
Mayor Coy gaveled again and said she is not finished and said he is out of order. Mr.
Paternoster said she had no more authority than anyone else in this even though she
chaired the meeting and invited her to ask Mr. Stringer.
Mayor Coy asked the City Attorney to tell Mr. Paternoster when the gavel goes down
what it means.
The City Attorney said it means a temporary stoppage to clarify what is going on.
Mayor Coy said regardless of whether a member of the public or Council is speaking
when the gavel goes down it means silence and as Mayor she gets to direct the next
point. She said she agreed with the point of order because this was an interrogation of a
volunteer who serves on our Parks and Recreation Board and asked who in their right
mind would want to volunteer to serve if they are to be treated in that manner.
Mayor Coy gaveled Mr. Scozzari who yelled something from the audience.
The City Attorney said the gavel was appropriate at the time because two people were
speaking at the same time.
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Regular City Council Meeting
June 27, 2007
Page Twelve
Mayor Coy asked Mr. Paternoster to continue but to do it in a manner that is decent to a
citizen of Sebastian who is volunteering his time, and he responded that he apologized
that she is unable to interpret his passion for a particular subject.
Mr. Paternoster continued his questioning about "demonstrated need" and the petition,
clarified that there is funding for a mail out survey from the City Manager. Mr. Wright
clarified the committee has no funding of its own. Mr. Paternoster asked for information
about the Sanford Park, said he would like to hear from the people as to whether they
want a dog park, and how would the City know if all dogs have shots. Mr. Wright
provided information about the Sanford Park to Mr. Paternoster.
Mayor Coy said to let the record show there was no consensus of Council to do a
mailing.
Ms. Simchick read the City's mission statement and said this volunteer committee has
done more than enough to prove need and only wanted Council to approve the concept
and then it is out of their hands.
Mr. Wolff said he was confused because at the last meeting the park was pretty well
defined down to the name which concerned him, and now the Committee is presenting a
concept which he likes better. He cited a newspaper article about the Vero dog park
being in dire financial need.
Carol Wilson, Rose Arbor Drive, said the Vero park is a paid park which costs $300 per
year.
Mr. Wolff said it is difficult to place a dog park in a residential area, and perhaps the City
could look at airport property, noting buildings at Barber Street Sports Complex are in
dire need of repair, said he liked a concept but strongly objects to location in a
residential area and perhaps Council could direct staff to look at an appropriate area and
set up a budget.
Mayor Coy said as a board they can only go so far, and now it is up to Council to direct
staff to bring back some ideas and commended the committee for its efforts.
Mr. Neglia said this was brought to Council a year ago, and it would have been better if
the other group had come directly to us. He noted that 74 of the people who signed the
petition were not from Sebastian.
MOTION by Mr. Neglia and SECOND by Ms. Simchick to present this to the City
Manager to have staff to look into how to proceed with this and to approve the concept.
Roll call on the motion was as follows:
Ayes: Simchick, Wolff, Coy, Neglia, Paternoster
Nays: None
Passed
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Regular City Council Meeting
June 27, 2007
Page Thirteen
13. NEW BUSINESS
07.132 A. Building Department
(Transmittal and R-07-26 Under Separate Cover)
i. Financial Update and Action Plan
Mr. Neglia was excused 9:45 pm to 9:47 pm.
The City Manager reiterated his recommendations as set out in agenda packet. He
recommended Council authorize eliminating three positions in the Building Department
by early retirement buyout to avoid a reduction in force (RIF), and adopt Resolution No.
R-07-26 to increase permit fees.
Mayor Coy offered first to allow any member of staff affected by this to address Council.
There were none.
Joe Scozzari said forcing people into retirement while Council takes big bonuses and
Charter officers get big pay is wrong.
Louise Kautenberg, Sebastian said this was not a surprise since this is an enterprise
fund, and building is cyclical. She said there are new contracts that there be no open
permits, and said raising the permit fees might help.
Damien Gilliams, Sebastian, asked how the City could not see this coming, and whether
anyone is keeping an eye on things around here, noting the County laid people off last
year. He said early buyout is a good idea and the last hired should be the first to go.
Mr. Neglia asked what building inspectors do during non-activity and the City Manager
said they do nothing and it is the plan that they would do the permitting during those
times.
The City Manager said the City requires a contractor license on top of the State license,
and Council will need to decide whether they want to continue this or find some other
area to handle it.
Mr. Paternoster asked for clarification of the personnel costs.
Mr. Wolff said that cross training is going to be necessary to make this work and
suggested an interview to see how cooperative the inspectors will be, and agreed with a
fee for expired permits. He said he researched fees and the A/C change out fee might
want to be reconsidered, however he supports the plan.
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Regular City Council Meeting
June 27, 2007
Page Fourteen
The City Manager said he met with CWA and then brought in the affected parties, things
did not go rosy but understood the message, there was some appreciation, and concern
that the retirement plan be approved by Council because they are concerned about
RIFs. He said he does appreciate the way the staff has taken this and it speaks highly of
the people who work for you.
MOTION by Mayor Coy and SECOND by Mr. Paternoster to approve the early
retirement buyout plan and provide spending authority up to $100,000.
Roll call on the motion was as follows:
Ayes: Coy, Neglia, Paternoster, Simchick, Wolff
Nays: None
Passed
ii. Resolution No. R-07-26 -Building Permit Fees
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA AMENDING VARIOUS BUILDING
PERMIT FEES PURSUANT TO CITY CODE SECTION 26-35; PROVIDING FOR PENALTIES,
PLAN-CHECKING FEES, CONFLICTS AND EFFECTIVE DATE.
MOTION by Ms. Simchick and SECOND by Mr. Paternoster to approve Resolution No.
R-07-26.
Roll call on the motion was as follows:
Ayes: Coy, Neglia, Paternoster, Simchick, Wolff
Nays: None
Passed
MOTION by Mr. Neglia and SECOND by Ms. Simchick, to extend the meeting passed on
a voice vote of 5-0.
Mayor called recess from 10:25 pm to 10:30 pm. All members present.
07.133 B. City Manager Evaluation and Contract Review (Requested by Council Member
Paternosters (no backup)
City Council discussion took place on establishing a goal setting process to give
direction, getting together at a planned meeting, whether specifics of the contract would
be reviewed during the planned meeting, bringing in a facilitator which was not
approved, that it would be a professional courtesy to sit one on one with the Charter
officers and not blindside them on public television, and anything should be open at this
table.
3G
14
Regular City Council Meeting
June 27, 2007
Page Fifteen
MOTION by Mr. Paternoster to have this get together as soon as possible if Council can
get an approximate date so all members know what to get together for this meeting.
There was no second but consensus was reached as set out below.
After some discussion it was decided to have the "retreat" on a Saturday workshop
during the day in July and everyone could send their preferred schedule to the City
Clerk, that this would include all three charter officers, and it should be only the Council
and the Charter Officers in attendance. The City Manager said he would put together all
of Council's ideas for the agenda.
07.115 C. First Reading -Ordinance No. 0-07-12 -Cemetery -Definition of Proof of
70-73 Residency -Set Public Hearin fq or July 11, 2007 (City Clerk Transmittal, 0-07-12)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING SECTION 34-11 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY
OF SEBASTIAN PERTAINING TO CEMETERY SITE PRICES AND ADDING A PROVISION TO
CLARIFY A SEPARATE FEE FOR SEBASTIAN RESIDENTS AND PROOF THEREOF;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, to approve 0-07-12 cemetery
definition of proof of residency and set the public hearing for July 11, 2007.
Roll call on the motion was as follows:
Ayes: Paternoster, Simchick, Wolff Coy, Neglia,
Nays: None
Passed
07.115 D. Resolution No. R-07-25 -Revised Cemetery Rates (City Clerk Transmittal,
74-77 R-07-25
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING
TO MUNICIPAL CEMETERY RATES; ESTABLISHING RATES FOR IN-GROUND LOTS,
CREMAINS LOTS, COLUMBARIUM NICHES, PERSONNEL SERVICES, CORNER MARKERS,
AND NICHE VASES AND RINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN
EFFECTIVE DATE.
MOTION by Mr. Neglia, and SECOND by Ms. Simchick, to adopt Resolution No.
R-07-25 establishing new rates for the Sebastian cemetery effective July 11, 2007.
Roll call on the motion was as follows:
Ayes: Simchick, Wolff, Coy, Neglia, Paternoster
Nays: None
Passed
15
Regular City Council Meeting
June 27, 2007
Page Sixteen
07.134 E. Approve Lump Sum Contract to Derrico Construction Corp. in Amount Not to
7s-s~ Exceed $135,134 for Davis Street Baffle Box Project Construction w/Completion
Within Six Months of Notice to Proceed (Engineering Transmittal Neel-Schaffer
Letter
MOTION by Mr. Neglia and SECOND by Mr. Paternoster, to approve contract award for
construction of baffle box project at Davis Street and Indian River Drive with the addition
of $17,187.
Roll call on the motion was as follows:
Ayes: Wolff, Coy, Neglia, Paternoster, Simchick
Nays: None
Passed
THE FOLLOWING ITEMS WERE NOT ADDRESSED AND WILL BE CARRIED FORWARD
TO THE BEGINNING OF THE NEXT REGULAR MEETING EXCEPT ITEMS 18.A.i. AND
18.C.i.
07.025 F. Resolution No. R-07-24 -Repealing Resolution No. R-97-27 Special Use Permit
83-85 806 Indian River Drive (City Attorney, R-07-24)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA RESCINDING RESOLUTION R-97-27
CONCERNING OUTDOOR SEATING AT 806 INDIAN RIVER DRIVE; PROVIDING FOR
CONFLICT AND EFFECTIVE DATE.
07.124 G. Florida League of Cities Annual Conference (City Clerk Transmittal 6/20/07, FLC
87-92 Memo 6/8/087)
i. Select Voting Delegate
ii. Submit Resolutions if Needed
14. 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
07.135 A. Joe Scozzari -Special Overlay District Regulations that Inhibit Commercial
Development (no backup)
07.136 B. Damien Gilliams
i. Marina Proposal (no backup)
07.137 ii. Donation (no backup)
15. CITY ATTORNEY MATTERS
16. CITY MANAGER MATTERS
17. CITY CLERK MATTERS
3~
16
Regular City Council Meeting
June 27, 2007
Page Seventeen
18. CITY COUNCIL MATTERS
A. Mayor Coy
07.138 i. Council's Function -Business or Politics? (moved to retreat)
B. Mr. Neglia
i. Public Input Time Limit (added during agenda modifications)
C. Council Member Paternoster
07.139 i. Discuss Possibility of Moving Introduction of New Business from the
Public Back to Original Agenda Position (moved to retreat)
D. Council Member Simchick
07.140 i. Affordable Housing (Simchick E-Mail, IRC Agenda Packet Pages)
93-99 E. Council Member Wolff
Approved at the Regular City Council meeting.
Andrea Coy -Mayor
ATTEST.'
Sally A. Maio, MMC -City Clerk
>CI
40
~Y'S~t
7
~ ~-
School ~istnct o~
Indian River Count
"A CommUNITY Partnership Toward Educational Excellence"
SCHOOL BOARD
Karen Disney-Brombach
District 1
Lenora Quimby
District 2
Carol Johnson
District 3
Ann Reuter
District 4
Debbie J. MacKay
District 5
Duncan N. P. Pritchett, Jr., Ed.D.
Superintendent
June 12, 2007
Mr. Sal Neglia
Vice-Mayor, Sebastian City Council
Sebastian City Hall
1225 Main Street
Sebastian, FL 32958
SENT VIA US MAIL
SUBJECT: No Child Left Behind, Improvement Act of 2007, H.R. 648
Dear r--. g ia, ~~`"
tt was with great concern that our School Board put forth in writing its full
support of H.R. 648.. The proposal is absolutely defensible.
Attached you will find Resolution #2007-11 officially urging
Representative Dave Weldon to co-sponsor H.R. 648. A copy of our
Resolution was forwarded to members of the Indian River County U.S.
Congressional Delegation, members of Florida Legislature, local public
governing officials, Florida Chancellor of Education, Florida Board of
Governors, and Florida Board of Education.
Again, we are united in this cause and urge you to support H.R. 648 for
the sake of our children.
Sincerely,
Mrs. Carol Johnson
Chairman of School Board
(772) 564-3200
Carol.Johnson@indian-river.k12.fl.us
/~ ~~
CJ/jas
Enclosures: Resolution #2007-11 h.-~ ~~
Quick Reference Guide to H.R. 648
1990 25th Street .Vero Beach, Florida 32960-3395
Telephone: 772-564-3200 . Fax: 772-564-3105
www.indian-river.kl2.fl.us ~~+
Equal Opportunity Educator and Employer
RESOLUTION #2007-11
No Child Left Behind, Improverrient Act of 2007 H. R. 648
WHEREAS, on January 8, 2002, President Bush signed into law the No Child Left Behind
(NCLB) Act of 2001, which applies to all school districts and schools within states that
accept federal Title I dollars; and
WHEREAS, the School Board of Indian River County supports the goals of NCLB of raising
student achievement, closing the achievement gap, and ensuring that each child has a
highly qualified teacher; and
WHEREAS, the School Board of Indian River County continues to welcome the accountability
for improving student and school performance; and
WHEREAS, the School Board of Indian River County has had four years of operational
experience in implementing NCLB; and
WHEREAS, the School Board of Indian River County has identified improvements that could be
made to NCLB that would eliminate barriers to full implementation of the federal law; and
WHEREAS, the National School Boards Association (NSBA) developed draft legislation based
on input from local school boards across the nation that would address the concerns of
local school boards, and improve the implementation of NCLB; and
WHEREAS, in April 2006 the NSBA Delegate Assembly re-affirmed its support of federal
legislation that is consistent with the NSBA draft legislation; and
WHEREAS, in January 2007 Representative Don Young (R-AK) re-introduced legislation, the
No Child Left Behind Improvements Act of 2007, H.R. 648, that is consistent with the
NSBA draft legislation.
NOW, therefore, be it
RESOLVED, that the School Board of Indian River County urges Rep. David Weldon to fully
support H.R. 648 by becoming a co-sponsor of the bill; and be it further
RESOLVED, that the School Board of Indian River County seeks the support of local
community and civic leaders and appropriate members of the Florida Legislature in
encouraging Representative David Weldon to become a co-sponsor of H.R. 648; and be it
finally
RESOLVED, that copies of this resolution be sent to members of the Indian River County U.S.
Congressional Delegation, the Governor, the Members of Florida Legislature, the Local
Public Governing Officials, the Florida Chancellor of Education, the Florida Board of
Governors, and the Florida Board of Education.
IN WITNESS WHEREOF, the School Board Members of Indian River County, Florida, in an
open and regularly scheduled meeting in Vero Beach, hereunto set their hands and caused the
seal of School District of Indian River County to be affixed this 12th day of June, in the year of
our Lord, 2007.
Carol Johnson, Chairman,
d t/
Karen isney-Brom ch, Vice Chairman
L~~u-.-
Lenora Quim~6y, Me~ber
~ River County School Board
Ann Reuter, ember
Debbie MacKay, M tuber
t~ z
A Quick Reference Guide to H.R. 648
No Child Left Behind Improvements Act of 2007
PROVISIONS AND RATIONALE
Measuring Adequate Yearly Progress:
Group Size /Measuring AYP of Groups
1.
The "N" size may be larger for school districts than for schools.
Rationale: N-size is a statistical concept for determining the number of test takers needed to produce a reliable test score.
School districts need a larger N-size than that of an individual school because they are considerably larger. In particular,
large school districts are negatively impacted by the N-size designated for an individual school. If large school districts are
to be identified as in need of improvement and subject to sanctions, a larger N-size should apply -subject to the appro~ •al
of the state.
2.
The "N" size for a group within a school may be increased to a number or percentage of that school's total
school enrollment to better align with schools with large enrollments.
Rationale: N-size is a statistical concept for determining the number of test takers needed to produce a reliable test score.
The number of students within a specific subgroup may vary, so schools with large enrollments should be able to have a
larger N-size that is proportional to the student population within the school.
The "safe harbor" requirement is reduced from 10% to 5%.
Rationale: This flexibility would permit subgroups to demonstrate progress and such recognition would provide more
understandable and more manageable goals for the students in the subgroup. At 10 percent, the current Safe Harbor
provision has little impact -and where it can be used, it's frequently based on a confidence interval which is beyond the
comprehension of most educators.
4.
In calculating AYP, students identified in more than one group may be represented in the count for each group as
an equal fraction totaling one student.
/~j f
Rationale: This change creates a more appropriate approach in determining AYP for schools with large numbers of
students belonging to several subgroups than over-representing their count; and would not adversely affect schools with
greater diversity. Each student should be counted as one student, not some students counted up to four times.
Goals for Adequate Yearly Progress
5.
A state may permit a school to be identified as meeting AYP when one or more subgroups fail to meet AYP
targets as long as the total number of students in the subgroups failing to meet their AYP targets does not
exceed 10% of the total number of students counted for the specific assessment or indicator. (This alternate
method could not be applied to the same groups for the same subject in two consecutive years.)
Rationale: This option permits cone-year deferral of a school being identified as not making AYP when a relatively small
number of students are unable to score proficient and the subgroup or subgroups involved made AYP in the previous
year.
6.
Intermediate goals do not have to increase in equal increments.
Rationale: This option would give schools and school districts flexibility in addressing the unique needs of specific
subgroups that may already be positioned at different points to achieve full proficiency.
7.
Different groups can have different rates of increase to ultimately reach 100% proficiency.
Rationale: This option would give schools and school districts flexibility in addressing the unique needs of specific
subgroups that may already be positioned at different points to achieve full proficiency.
Gain Scores and Other Measures of AYP Developed by the State
s.
The basic AYP measurement system may be expanded to include: 1) gain score approaches (like value added)
and 2) partial credit for meeting basic proficiency targets.
Rationale: The current accountability system which focuses on "cut scores" is flawed and overlooks a key indicator of
student achievement -academic growth. Research concluded that growth is a more accurate measure of success,
particularly for students who are traditionally at risk. Allowing alternate methods of measuring AYP gives estates greater
flexibility to design their accountability systems while continuing to support the broader goals of NCLB. Although the U.S.
Department of Education has given one-year approvals for growth models in five states, the number is too small and the
conditions too restrictive for this effective policy option.
9.
Alternate methods of measuring AYP for schools and/or school districts may be substituted for the existing
methodology, provided the system is based on attaining proficiency in the 2013-14 school year and using
intermediate goals.
Rationale: States would have greater flexibility to design their accountability systems while continuing to support the
broader goals of NCLB.
~- P 'cipation Rate
`7
10.
The specific requirement for 95% test participation may be adjusted to a range of 90% to 95% (based on criteria
established in the state plan).
Rationale: The current 95 percent participation requirement can cause schools with small enrollments or subgroups with a
small N-size to miss AYP because just one or two students did not take the test.
11
Students may be exempted from the participation rate requirements on a case-by-case basis due to medical
conditions, current state laws that grant parents final decisions regarding participation on standardized
assessments and uncontrollable circumstances (e.g. natural disaster).
Rationale: This option recognizes that there may be unique circumstances involving students that are not in the control of
the school and should not adversely impact the determination of AYP for the entire school or school district.
12.
Students determined to have "unusual pafterns of attendance" as defined by the state education agency may be
exempt from the calculation to determine participation rate and referenced in the local school district
accountability plan. (This category of students may include chronic truants as well as students who fail to attend
school on a regular basis because of life circumstances but continue to maintain their official enrollment status.)
Rationale: In some communities there are students with very poor attendance but who continue to be encouraged to
remain in school rather than drop out. Chronic truancy poses a separate student-based issue than whether a school has
weak academic programs or discourages certain students from taking tests. By having this recommended option, schools
would have to demonstrate that they are encouraging such students to remain in school.
13.
Students not participating in the assessment and determined not to be eligible for exemptions may be assigned a
"below basic" score by the school. In such cases, the school may not be identified as failing to meet the
participation rate for AYP on the basis that those same students did not take the assessment.
Rationale: Currently a school could be identified as not making AYP on the basis of performance and participation. When
calculating AYP, this recommended option would permit a school to make AYP as long as the AYP targets were met since
the absent students are given a "below basic" score as part of the final AYP determination. The purpose of the 95 percent
participation rate requirement is to keep the determination of academic achievement honest so low-achieving students are
not excluded from taking tests. It is not an independent indicator of academic achievement.
Students with Disabilities
14.
The IEP team should determine whether alternate assessments are appropriate for individual students (with
parents' consent).
Rationale: The IEP team has the authority and expertise to determine the academic requirements for the students, and
NCLB should not preempt an IEP team's determination of the needs of the child - as agreed by the parent.
15.
Test scores from alternate assessments -including growth-based measures and out-of-level testing -should be
counted as proficient toward AYP so long as the number of students counted this way does not exceed 3 percent
of all test takers.
4 ~~
Rationale: This percentage is consistent with the research.
16.
States should be able to count former students with disabilities in the subgroup's AYP for up to three years after
they exited the special education program.
Rationale: School and school districts should be given credit for helping students with disabilities transition from the
special education program to the general education program. This recommendation also is consistent with the U.S.
Department of Education's policy.
Limited English Proficient Students
17.
The current regulations are codified to 1) exempting first year students in the United States, and 2) counting
students as LEP for determining AYP once they leave the group except that such count may be extended to a
third year.
Rationale: The proposed language is consistent with current regulations issued by the U.S. Department of Education.
18.
Students may be provided an alternate assessment that is based on making specific gains individually
determined for that student toward meeting state standards for up to three years, as determined by the local
school district.
Rationale: The proposed flexibility in assessing LEP students for the first three years is necessary to meet the needs of
individual students who enroll in schools with wide variations in English fluency and academic backgrounds.
First Assessments
19.
The higher score achieved by a student who is assessed more than once prior to the beginning of the next
school year may be used as the sole score for that student for the purposes of determining AYP.
Rationale: If a student scores proficient or above after the official test dates but before the beginning of the next school
year,. treating that student and possibly the subgroup as not meeting AYP is not an accurate representation of the school's
performance.
20.
If a student scores proficient or above on an assessment taken prior to the academic year in which that
assessment is normally offered, that student's score can be counted for the purpose of determining whether AYP
was met. However, if that student fails to score at the proficient level, that student's score will not be counted for
determining AYP.
Rationale: Schools that offer such assessments more than once should have flexibility in calculating performance using
the best possible scores. In addition, allowing states and school districts to "bank" a student's proficient score on a test
that is normally given in the following year is both reasonable and consistent with several state plan approvals by the U.S.
Department of Education.
State Flexibility by the U.S. Department of Education
21 ~, /,;
In approving a state's NCLB accountability plan the Secretary shall grant states flexibility to alter the federal
framework to align with the state's own accountability system.
Rationale: States have the authority and responsibility to educate their students. They should not have to implement
federal mandates that are inconsistent, duplicative or add no value to state requirements as long as those state
requirements support the broader objectives of NCLB.
22.
The Secretary may provide statutory and regulatory waivers -including waiving requirements that are
unnecessarily burdensome or duplicative of state requirements.
Rationale: States have the authority and responsibility to educate their students. They should not have to implement
federal mandates that are inconsistent, duplicative or add no value to state requirements as long as those state
requirements support the broader objectives of NCLB.
23
When the Secretary approves an amendment to a state plan or grants a waiver, that information must be
published on the U.S. Department of Education website in clear and complete language within 30 days.
Rationale: Information regarding changes approved by the Secretary to a state's accountability plan is currently not readily
available. The proposal will ensure that all states are informed regarding adjustments and accommodations granted by
the Secretary and receive equitable treatment by the U.S. Department of Education.
24.
A waiver or state plan revision approved by the Secretary shall be available to any other state on a case-by-case
determination.
Rationale: Information regarding changes approved by the Secretary to a state's accountability plan is currently not readily
available. The proposal will ensure that all states are informed regarding adjustments and accommodations granted by
the Secretary and receive equitable treatment by the U.S. Department of Education
Public School Choice
25.
A transfer option need only be offered to those low achieving students within the subgroups that did not make
AYP, not all students in a~school.
Rationale: The current policy does not target students who are low performing. It has resulted in an unintended
consequence that higher performing, more affluent students opt for the transfer out of a school identified for improvement,
leaving the school less likely to improve its performance in subsequent years.
26.
Financial obligations for a school district to provide transportation for a student ends when the group to which
the student belongs no longer is identified as not meeting AYP targets within the student's former school even if
that school continues to be identified as not making AYP for other reasons.
Rationale: Title I funds are already limited. Requiring school districts to continue such financial obligations when the
student's former school makes AYP for the specific group of students diverts the much needed resources from other Title
I activities. The continuation of providing transportation under these circumstances should be a local option for the school
rfistrict_
27
.~
L_ ~ ~ /i
~I~/
A student need only be offered the option to transfer to one other school rather than the current interpretation of
at least two schools.
Rationale: As more schools are moving forward on the NCLB sanctions trail, more schools are required to offer school
choice in schools identified as needing improvement. In some cases, the choices of schools available within a district to
receive transferred students are limited due to the number of schools in improvement. Under those circumstances the
law's intent would be met and made administratively more workable if students have one transfer option.
28.
The school should not have to receive a student under the choice option if doing so would 1) violate local health
and safety policies; 2) violate class size policies; 3) cause overcrowding; 4)_ require mobile classrooms, new
construction, substantial amounts of travel or unusually high per pupil cost among other conditions.
Rationale: The current school choice provision does not take into account specific situations relating to students' health,
safety and learning environment that can prevent school districts from offering transfer options to students.
Supplemental Services
29
Districts can opt to offer both school choice and supplemental services in the first year of school improvement,
instead of offering school choice in the first year and SES in the second.
Rationale: School districts should be given more flexibility to offer SES in the first year of improvement because they have
unique needs and challenges to address.
30
Supplemental services need only be offered to low achieving students within the specific subgroups that fail to
make AYP in the same subject for two or more years.
Rationale: Given the limited Title I funds available, such resources should be targeted only to those students who have
demonstrated a need, not all Title I eligible students.
31.
The state should be required to consult with school-districts in developing criteria for supplemental service
providers.
Rationale: Current law does not specifically describe a role for school districts in selecting and terminating SES providers
locally. Because school districts work closely with providers, they have the knowledge and information on specific
providers' performance and impact on students, therefore should be directly involved in selecting and terminating SES
providers.
32.
The state should be required to develop -and make available to the public -procedures to enable local school
districts to bring complaints regarding the selection and performance of SES providers to prevent an adverse
impact on the school or students.
Rationale: Current law does not specifically describe a role for school districts in selecting and terminating SES providers
locally. Because school districts work closely with providers, they have the knowledge and information on specific
providers' performance and impact on students, therefore should be directly involved in selecting and terminating SES
providers.
,, C
The state may establish a date, not later than December 15, to permit school districts to spend portions of the
29% set-aside from Title 1 not needed for such services with appropriate parent notification.
Rationale: This will allow school districts to reallocate funds that are no longer needed for choice and SES in time to
support other Title I initiatives for eligible students within the district. Currently such funds cannot be released in a timel;r
manner to support much needed programs at the remainder of the school year.
34
School districts should not be denied the opportunity to provide supplemental services solely because they did
not make AYP or they are in improvement, corrective action, or restructuring status:
Rationale: The U.S. Department of Education's policy to prohibit school districts identified for improvement from providing
SES is an unnecessary restriction, resulting in costlier programs provided by private vendors using the same teachers and
facilities that would be available with the school district as a provider. Although ED has already allowed very few school
districts in improvement to provide SES, it has not remedied the problem for the overwhelming majority of school districts.
Sanctions in General
35.
Sanctions for schools and school-districts will apply only when AYP is not met by the "same group "for two or
more consecutive years in a subject or the "same indicafor "- rather than applying sanctions when different
groups and/or different indicators are involved from year to year in that subject.
Rationale: This provides a more reasonable approach in the identification of schools. By requiring at least a 2-year pattern,
of low performance of a specific group, limited school resources can be strategically targeted and the number of school
identified would more accurately reflect the needs of students.
36.
The application of corrective action sanctions to restructure a school district will occur when it fails to make AYP
in each of the grade spans or as averaged across all grades.
Rationale: This recommendation provides a reasonable approach for determining whether a school district as a composite
of grade spans or grade levels is making AYP.
37.
Restructuring should be implemented only when the total number of students in the groups not scoring
proficient or above exceed 35 percent of that school or school district's enrollment in the grade levels tested for
AYP.
Rationale: The current restructuring provision does not strategically respond to the specific needs schools and school
districts have when only a small percentage of their students are unable to score proficient. Why restructure a whole
school rather than intensifying interventions under these circumstances?
38.
Schools and school districts should be allowed to defer implementation of sanctions in such cases where they
face hardships such as natural disasters or financial difficulties, or experience sudden changes in the
enrollments of particular groups of students in the school or within identified groups.
Rationale: The proposed change acknowledges that there could be very unique circumstances facing a school or school
restrict such as those receivina displaced students from the Gulf Coast hurricanes.
39.
U ~1 j
States should be allowed to delay implementation of restructuring schools or school districts in years when Title
I funds are not increased by at least $2.5 billion over previous year's level.
Rationale: Federal funding should be increased at rates that recognize the high costs of NCLB sanctions local school
districts must incur to implement the federal mandates.
40
States should be allowed to delay implementation of restructuring schools or school districts in years when IDEA
funds are not increased by at least $2 billion over previous year's level.
Rationale: As the local costs of implementing sanctions relating to restructuring rise and involve more schools, the federal
government should pick up the costs of funding its share of IDEA mandates. In the absence of a significant commitmen~ to
reaching the federal share of IDEA, school districts should not have to meet the restructuring mandates of NCLB as well.
Non-Public Schools
41.
Students receiving Title I~ benefits in non-public schools shall be given the same assessments, as public school
students, with appropriate accountability and test reporting requirements to parents and school districts that are
required by NCLB to provide consultative services to those non-public schools.
Rationale: Non-public school receiving federal support should be given the same measure of performance and held
accountable in a constitutionally permissible manner. Non-public schools receiving federal Title I services should have
some levels of accountability to students, parents and taxpayers for effectively providing educational. services.
42.
States may authorize a cessation of Title (support to anon-public school whose Title I students as a whole do
not make AYP and perform at lower levels than the area public school(s) for three years or more.
Rationale: Non-public school receiving federal support should be given the same measure of performance and held
accountable in a constitutionally permissible manner. Non-public schools receiving federal Title I services should have
some levels of accountability to students, parents and taxpayers for effectively providing educational services.
*Highly Qualified Teachers
*43. Special education teachers of multiple core academic subjects who have a bachelor's degree and full state
special education certification would be considered highly qualified.
Rationale: Recruiting and retaining special education teachers were challenges for school districts before NCLB, and the
highly qualified requirements have exacerbated the problem. The Department of Education has recognized these
challenges and attempted to provide some flexibility. However, given the practical supply and demand realities of special
education teachers, it is unreasonable to require special education teachers of multiple core academic subjects to have to
meet the special education certification requirements in addition to subject matter requirements for several academic
subjects.
*44. Streamline existing Highly Qualified Teacher requirements for social studies teachers so that teachers
receiving a "broad field" state certification in social studies are considered highly qualified without needing an
academic major or certification in multiple, specific social studies subjects such as geography, history, civics
and government, and economics.
Rationale: NCLB's Highly Qualified Teacher requirements break out social studies into five specific subjects: geography,
history, civics and government, and economics. This differs from other major subjects such as mathematics and science,
in which the law does not break those subjects into more specific groups. As a result, social studies teachers
essarily have extra hurdles to leap in order to meet the highly qualified requirements.
~~ 9
*45. Instructional personnel of core academic subjects employed by supplemental educational services providers
should be held to the same Highly Qualified Teacher requirements as public school educators.
Rationale: NCLB's Highly Qualified Teacher requirements should be consistently applied to recipients of federal funding,
including SES providers. If the highly qualified provisions are considered a minimal standard for teachers of core subjects,
instructors with SES providers need to meet that standard to help ensure that students who need further academic
assistance are receiving it from qualified instructors.
*46. Rural school districts should be given additional, permanent flexibility in meeting the Highly Qualified
Teacher requirements for multiple subject teachers. Consideration for additional flexibility should include
eliminating hurdles for retired teachers returning to the classroom or out-of-state teachers to meet the HQT
requirements.
Rationale: Rural school districts-often employ teachers of multiple core subjects for which the current HQT requirements
are unnecessarily burdensome. Although the U.S. Department of Education has granted some flexibility, more is needed
because of the unique challenges faced by rural school districts in recruiting and retaining highly qualified teachers.
*47. Congress should improve the Highly Qualified Teacher provisions to emphasize teacher effectiveness by
amending the HQT definition to take into account the "value added" to student achievement by teachers and
permit that approach as an alternative route to meeting the law's definition. Substantial federal funding would be
necessary to help states and districts develop the data systems required to fairly and accurately measure this.
(NSBA is not advocating a new, additional requirement to be met, but rather an alternative way for teachers to
demonstrate that they are "highly qualified").
Rationale: "Highly qualified" does not necessarily mean "high quality." The inverse of this could also be true: a high quality
or effective teacher may not necessarily meet all the requirements of the HQT provisions currently in NCLB. That's
because current HQT requirements focus on teachers' knowledge, credentials and in some cases., subject-related
assessments, but do not consider the effectiveness of the teacher in helping students learn. A teacher in fact could have a
record of success in helping to raise students' achievement yet not meet all the HQT requirements.
*48. Congress should assist school districts and states in recruiting and retaining qualified and effective
teachers through federal incentives and funding, with a specific focus on helping school districts staff hard-to-
staff schools and high-need subjects.
Rationale: Federal policies play a key role in encouraging and supporting comprehensive efforts by school districts and
states to recruit, train and retain qualified and effective teachers, teachers of high-need subjects like math, science and
special education as well as teachers in high-poverty schools. Local initiatives can be strengthened through increased
funding of Title I and II, and expansion of other programs like the Teacher Loan Forgiveness Program and the Teacher
Incentive Fund.
*49. Congress should assist school districts and states in strengthening professional development programs by
redirecting NCLB's focus away from costly sanctions that have not demonstrated
effectiveness and funding comprehensive professional development programs targeted as a percentage of Title I
funding accompanied by state matching funds.
Rationale: Improving professional development or in-service training is critical to improving teacher quality and retaining
teachers. Current law has little focus on the need to design and implement-comprehensive professional development
models. By redirecting NCLB's focus and funding requirements away from unproven sanctions, Congress should fund
.comprehensive professional development programs that stand to improve the quality of teaching and raise student
achievement.
*50. Congress should assist in broadening the pool of new teacher candidates by supporting alternative
certification programs that open pathways to teaching for mid-career professionals who demonstrate appropriate
subject matter knowledge and classroom management skills.
Rationale: As many as one in five new teachers enter the workforce via alternative certification programs, which present
an opportunity for school districts to cast a wider net in recruiting teachers. Alternative certification programs also recruit
greater percentage of minority teacher candidates and are more likely to place such teachers in high-poverty schoo
io
*51. The current list of core academic subjects should not be expanded given the practical challenges school
elistricts face in meeting the existing HQT requirements.
Rationale: The current list of core academic subjects is proving enough of a challenge for school districts and states to
meet. The phrase "core academic subjects" would become less relevant if expanded to include additional courses.
* These are additional recommendations from NSBA That are not specifically addressed in H.R. 648.
For additional information, please contact Reginald M. Felton, director of federal relations at the National School Boards
Association at 703-838-6782, or by e-mail, rfelton@nsba.org.
5z
11
RESOLUTION NO. R-07-27
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA URGING CONGRESSMAN DAVE WELDON TO FULLY SUPPORT AND
CO-SPONSOR H.R. 648 RELATING TO THE NO CHILD LEFT BEHIND ACT OF
2001.
WHEREAS, on January 8, 2002, President Bush signed into law the No Child Left Behind
(NCLB) Act of 2001, which applies to all school district and schools that accept federal Title 1
dollars; and
WHEREAS, the School Board of Indian River County has had four years of operational
experience in implementing NCLB; and
WHEREAS, the School Board of Indian River County has identified improvements that could
be made to NCLB that would eliminate barriers to full implementation of the federal law; and
WHEREAS, in January Representative Don Young (R-AK) re-introduced legislation based
on input from local school boards that would address concerns and improve the implementation of
NCLB.
NOW, THEREFORE, BE IT
RESOLVED, that the City Council of the City of Sebastian, Florida urges Congressman Dave
Weldon to fully support H.R. 648 by becoming a co-sponsor of the bill and be it further
RESOLVED, that copies of this resolution be sent to members of the U. S. Congressional
Delegation.
This resolution was moved for adoption by Councilmember .The motion
was seconded by Councilmember and, upon being put to a vote, the
vote was as follows:
Mayor Andea B. Coy
Vice Mayor Sal Neglia
Councilmember AI Paternoster
Councilmember Dale 1. Simchick
Councilmember Eugene Wolff
CITY OF SEBASTIAN, FLORIDA
The Mayor thereupon declared this Resolution duty passed and adopted this day
of , 2007.
ATTEST:
Sally A. Maio, MMC
City Clerk
By:
Mayor Andrea Coy
Approved as to form and content for reliance by the
City of Sebastian only:
Rich Stringer, City Attorney
5S
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trams of rEUenw ~,wao
~:ity C)~ $L'b~5t81n
1225 Main Street
Sebastian, Fiarida 3268
Subject Strategic Planning Program Agenda No:
Sponsored by the Indian River County
Chamber of Commerce Department Origin: City Clerk's Office
City Attorney:
Date Submitted: 7/2/07
Appr ved r ubmittal by: For Agenda of: 7/11/07
Exhibits: Letter, Registration Form
Expenditure Required: Amount Budgeted: Appropriation Required:
$100.00 Education:
$1, 750.00
SUMMARY STATEMENT
Authorization is requested for Mayor Coy's registration fee for the Strategic Planning
Program on July 13 & 14, 2007 in Vero Beach sponsored by the Indian River Chamber
of Commerce.
RECOMMENDED ACTION
At Council's discretion, move to approve $100.00 registration fee for Mayor Coy's
attendance to the Strategic Planning Program on July 13 & 14, 2007 in Vero Beach.
~5,
5~
Indian River Coun ~ "~
Chamber of Commerce ~ ,
June 8, 2007
Mayor Andrea Coy -
City of Sebastian
1225 Main Street ~ ~ - _ "
Sebastian, FL 32958 _
Dear Andrea:
We are inviting you to participate in a special strategic planning process for the Chamber
to be held Friday, July 13 9:00 a.m. unti14:00 p.m. and Saturday, July 14 from 9:OQ,a.m.
until noon in the Boat House at Quail Valley River Club.
Unlike traditional "planning retreats"that include an organization's Board of Directors
and staff, instead, we are im~iting a specially selected getup of several dozen community
leaders.
We have engaged Dr. Myron A. "Mike" Harvey, Ph.D. to facilitate our planning process.
Mike is the President and Consulting Psychologist of Human Capital Consulting and has
over 25 years of professional experience working with clients ranging in size from Dow
30 to start-ups.
Our objective, with your attendance and input, is to determine the priorities that will meet
the.needs of our business community and will drive actions in the coming years. Some of
those actions maybe driven by the Chamber, some may be driven by other organizations,
We will set strategic priorities and establish appropriate measures t benchmarks of
effectiveness. And, we will design tactical action plans underlying the key strategic
priorities, with timelines and accountability identified.
We hope you will accept our invitation to participate with us in this important day and a
half program.
If not you, who? If not now, when? What will be the cost to you if we do nothing?
Sincerely,
Penny C er C. William Curtis, Jr.
President Chairman of the Board
-_.\
CHAMBER OF COMMERCE
1216 21st Street • P.O. Box 2947 • Vero Beach, FL 32961 • Tel 772.567.3491 • Fax 772.778.3181
www.indianriverchamber.com • e-mail: info@indianriverchamber.com
Indian River County
Chamber of Commerce
REGISTRATION
STRATEGIC PLANNING PROGRAM
J~J
BOAT HOUSE AT QUAIL VALLEY RIVER CLUB
JULY 13 & 14, 2007
Your Name:
Business•
Address
Phone:
City: Zip:
Email Address:
Registration Fee: $100 per person; covers 1 '/: days and includes all meals, breaks
as described below.
RSVP by Tuesday, July 10"' by calling the Chamber and/or faxing the registration form
to 772-778-3181. Let us know if you would like an invoice. We also accept Master Card
and Visa.
~m oe
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1
S.'4Yj~ :.:JC Gr7 [p~.l~a tl$F.~J.7[c
Subject: Ordinance No. 0-07-10 - Agenda No. ~% !'~, ~
Repealing Emergency Ordinance No. 0-
07-09 and Readopting Permanently the Dept. Origin: Ci Clerk
Additional $25,000 Exemption in City Attorney:
Accordance with Charter
Date Submitted: 7/5/2007
Approved for Submittal by: City Manager
For Agenda of: 7/11/2007
AI Minner
Exhibits: 0-07-10
Expenditure Required: Amount Budgeted: Appropriation Required:
N/A N/A N/A
SUMMARY STATEMENT
City Council passed Ordinance No. 0-07-10 on first reading at the June 27tH
meeting.
Due to a typo, the legal advertisement did not make the paper per statutory
requirements.
RECOMMENDED ACTION
Move to reschedule the public hearing for Ordinance No. 0-07-10 for
July 25t", 2007.
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ORDINANCE NO. 0-07-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING
EMERGENCY ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121
TO INCREASE SENIOR HOMESTEAD EXEMPTION AND PROVIDING FOR
APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, Article VII, Section 6(f) of the constitution of the State of Florida authorizes
the legislature, by general law, to allow counties or municipalities to grant an additional
homestead tax exemption, which amount was recently increased from a maximum twenty-five
thousand dollars ($25,000) to a maximum exemption of fifty thousand dollars ($50,000), to any
person who has title to real estate and maintains thereon the permanent residence of the owner
and who has attained age sixty-five and whose household income does not exceed twenty
thousand dollars as adjusted periodically for changes in the cost of living; and
WHEREAS, Florida Statutes authorizes a municipality to adopt an ordinance to allow
this additional homestead exemption, which has likewise been increased to $50,000 in the
recent legislative session, with a provision authorizing the use of an emergency ordinance prior
to June 1~ to give effect to the increased exemption for the current tax year; and
WHEREAS, City Council adopted Emergency Ordinance No. 0-07-09 on May 23,
2007 to meet the State of Florida deadline to grant the additional twenty-five thousand dollar
($25,000) exemption for the current tax year; and
WHEREAS, City Charter section 2.13 states that as of the ninety-first (91) day following
its adoption an emergency ordinance shall automatically stand repealed or may be repealed by
adoption of a repealing ordinance; and
WHEREAS, adoption of a new ordinance is necessary to repeal the emergency
ordinance and to make a permanent amendment to_ Code of Ordinances Section 2-121 for the
current tax year.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. SENIOR HOMESTEAD EXEMPTION INCREASED. That Section 2-121 of
the City Code, City of Sebastian, Florida, is hereby amended to read as follows:
Sec. 2-121. Additional Homestead Exemption.
"~ An additional homestead exemption in the amount of ~e fi~ft [[
thousand dollars 000 ~, which additional homestead exemption
applies only to taxes levied by the City of Sebastian, shall be allowed for any
person who has legal or equitable title to real estate and maintains thereon the
permanent residence of the owner, who has attained age sixty-five (65), whose
household income does not exceed twenty thousand ($20,000) as such amount
has been adjustment in accordance with Fla. Stat. Section 196.075 (3), and who
submits to the Property Appraiser a sworn statement of household income as
required hereafter.
1 ~ ! ~t
Section 2. APPLICABILITY. The additional exemption provided herein shall take
effect with the current tax year, as provided by law, and notice of adoption along with the
information required under the provisions of statute shall be immediately transmitted to the
proper authorities.
Section 3. REPEAL. Emergency Ordinance No. 0-07-09 and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
Section 4. SEVERABILITY. If any section, paragraph, sentence, clause or phrase of
this Ordinance is held by a court of competent jurisdiction to be_ invalid or unconstitutional, such
holding shall not affect the validity of the remaining portions of this Ordinance.
Section 5. EFFECTIVE DATE. Except as otherwise provided herein, this Ordinance
shall take effect upon adoption.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put to a vote,
the vote was as follows:
The Mayor thereupon declared this Ordinance duly passed and adopted thi 13~' y of June, 2007.
CITY OF SEBASTIAN, RIDA
ATTEST: s ~~.(s! ~
By:
Andrea Coy, Mayor
Mayor Andrea Coy
Vice-mayor Sal Neglia
Councilmember AI Paternoster
Councilmember Dale Simchick
Councilmember Eugene Wolff
Sally A. Maio, MMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
2
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Subject: Ordinance No. 0-07-12 - Agenda No. ~ -' , l t ,`;
Cemetery Fees/Proof of Residency
Requirement for Sebastian Rate Dept. Origin: Ci Clerk
City Attorney:
Approved for Submittal by: City Manager
Date Submitted: 7/5/2007
AI Minner For Agenda of: 7/11/2007
Exhibits: 0-07-12
Expenditure Required: Amount Budgeted: Appropriation Required:
N/A N/A N/A
SUMMARY STATEMENT
City Council passed Ordinance No. 0-07-12 on first reading at the June 27tH
meeting.
Due to a typo, the legal advertisement did not make the paper per statutory
requirements.
RECOMMENDED ACTION
Move to reschedule the public hearing for Ordinance No. 0-07-12 for
July 25th, 2007.
U3
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ORDINANCE NO. 0-07-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING SECTION 34-11 OF CHAPTER 34 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY
SITE PRICES AND ADDING A PROVISION TO CLARIFY A SEPARATE FEE
FOR SEBASTIAN RESIDENTS AND PROOF THEREOF; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council deems it necessary to amend certain language in Chapter
34 relative to the Sebastian Municipal Cemetery to clarify that there will be one set of fees for
Sebastian residents with proof of residency and another set of fees for anyone outside City
limits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. That Section 34-11 of the Code of Ordinances, City of Sebastian, Florida, is
hereby amended to read as follows:
"Sec. 34-11. Interment site prices; establishment of fees for Sebastian residents
and individuals outside City. limits, definin_ n aroof of residencv.
Fees for all interment sites, appurtenances, and services in the
cemetery shall be uniformly set by resolution of the city council, from time to time.
One set of fees shall be established for Sebastian residents and one set of fees
shall be established for all others outside of Citv limits. For anvone who purchases a site
and for anvone who is to be interred in a site. proof of Citv residencv must be provided as
set out below to receive the Sebastian resident rate.
Anyone claiming Citv residencv to receive the City resident rate must provide two
proofs of residencv at the time of sale and/or prior to interment from the following list
^ Florida vehicle registration card or title
^ Voter registration card
^ Utility, telephone or cable/satellite TV bill
^ Checking or savings account statement
^ Property tax bill or receipt
^ Selective service card
^ Mortgage account or proof of home ownership
^ Residential rental contract (apartment lease or other rental of real
ro ert
^ Canceled check with imprinted name and address
^ First class mail from any government agencv fto include the contents
_ _ .,~
~ ~',
~~
and envelope)
Maior credit card bill
Installment loan contract from a bank or other financial institution
SECTION 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 3. CODIFICATION. It is the intention of the City Council of the City of
Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this
ordinance shall become and be made a part of the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the words "ordinance" may be changed to "section",
"article", or other appropriate designation.
SECTION 4. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provision. tt shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without
said invalid and unconstitutional provision, thereby causing said remainder to remain in full
force and effect.
SECTION 5. EFFECTIVE DATE. This Ordinance shell take effect immediately upon
final passage.
The foregoing Ordinance was moved for adoption by Council Member
The motion was seconded by Council Member
and, upon being put to a vote, the vote was as follows:
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
2007.
CITY OF SEBASTIAN, FLORIDA
By:
Andrea B. Coy, Mayor
Sally A. Maio, MMC
City Clerk
(SEAL)
Approved as to Form and Legal Sufficiency for Reliance
By the City of Sebastian Only:
Rich Stringer
City Attorney
2
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~FJiv4d S3F ¢ELE~:.Af~! 45t/3~D
Subject: Vacant Electrical Contractor, Agenda No. (~ ~, ~ .~~ ~~
Regular Member Position
• Department Ori City Clerk's Office
Ap rov f r Submittal by: City Manager City Attorney:
Date Submitted: 7/5/07
For Agenda of: 7/11/07
n r
Exhibits: Code, Application, Ad
Expenditure Required: Amount Budgeted: Appropriation Required:
SUMMARY STATEMENT
There is a vacant electrical contractor position on the Construction Board that will expire
September 30, 2007. Mr. Bulla, who is currently serving as an alternate, is the only
applicant.
To avoid having Mr. Bulla re-apply again in September, I ask Council to consider
making the expiration date of this appointment September 30, 2010.
RECOMMENDED ACTION
Interview, unless waived and submit nominations for the vacant electrical contractor,
regular member position to expire September 30, 2010.
r , ~ '`,
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~~
DIVISION 2. CONSTRUCTION BOARD*
Sec. 26-191. Membership; terms; filling of vacancies.
(a) The city construction board shall be composed of seven members and, as far as practical,
shall consist of two certified contractors (residential, building, general), one electrical
contractor, one heating and ventilation contractor, one architect or engineer, one plumbing
contractor, and one concerned citizen. The city council may also appoint one or two alternate
members who shall serve as necessary to assemble a maximum ofseven-voting members of the
boazd. It is preferred that the alternate members consist of one certified contractor and one
concerned citizen. All members and alternate members shall be appointed by the city council,
pursuant to section 2-170 of this Code.
(b) To be eligible for appointment, except as otherwise provided in this section, each
contractor member shall be actively engaged in construction in the city, [or] have an
established business in the city limits.
(c) Each member of the boazd shall hold a valid certificate issued by the board or the state
in addition to having the qualifications required in subsection (b) of this section, excepting the
one concerned citizen member. If any member of the board, at any time during his term, no
longer possesses the required qualifications such member shall be automatically suspended for
30 days; then, unless qualified within 30 days, shall be replaced.
(d) Of the regular members appointed to the board:
(1) Two members shall be appointed for an initial term of one year;
(2) Three members shall be appointed for an initial term of two yeazs; and
(3) Two members shall be appointed for an initial term of three yeazs.
Thereafter all appointments shall be made for a term of three years. All terms of office shall
expire on September 30 of the last year of the term.
(e) Each alternate member shall be appointed for a term of three years.
(fl Any member may be reappointed, subject to the limitations set forth in subsection (d) of
this section.
(Code 1980, § 7-92(a}-{d); Ord. No. 0-91-24, §§ 1, 2, 9-25-91; Ord. No. 0-97-57, § 4, 9-25-97)
Sec. 2-170. Qualifications.
The primary consideration in appointing board and committee members shall be to provide
the board or committee with the needed technical, professional, financial, business or
administrative expertise. An applicant's previous term as a member or an alternate member
of the board or committee on which there is a vacancy may be given special consideration.
Whenever a current or former member of a board or committee is being considered for
appointment or reappointment to a board, the city council shall consider the number and
nature of the memoranda of conflict previously filed by such individual pursuant to ch. 112,
F.S., relating to that individual's previous membership on the board or committee for which the
~~
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• ~ .. , .}IOME;QF.P~UCAN,IS[ANa
•. _ ~ APPLICd'TiON TO SERVE ON CITY BC
(All Cit~l3aard and Committee Members Must be Res
NAME: i Q r 13 u•. E ~ cc,...
HOME ADDRESS: ~ 3. ~ ~ ~ -~
HOME :PHONE: HOME FAX: E-MAIL:
BUSINESS ADDRESS:
BUSINESS PHONE: BUSINESS FAX: E-MAIL:
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~,` g HOW LONG? 4 yutlS
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?
/U a
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?
WHICH BOARDS/COMMITTEES?
N
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meats next in 2006)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer)
CODE ENFORCEMENT BOARD (permanent board -meets once a month)*
~_CONSTRUCTION BOARD (permanent board -meets once a month)*
HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board -meets quarterly)
~_PLANNING AND ZONING COMMISSION (permanent board -meets twice a month)*
POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board-meets quarterly)*
n~r.v nnuwrr~c f.....m..ne.nf M.~rr/- mnnto nnrc ~ mnnihl
rnnnv a ~~~.v,.v-. ~ ,.... ~,........,... ,._......... _- .~------- - - - -
TREE & LANDSCAPE ADVISORY BOARD (permanent board -meets once a month)
OTHER TEMPORARY COMMITTEE (if applicable)
(WRITE IN COMMITTEE NAME)
*Filing of financial disclosure is required following appointrnent
I
I
wITTEE~. - . .
City of Sebastian)
P ".~. ' t d!G!
APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required)
f~ts~i: Su{aT. ~/r efie 1S LonS7t: In C. ~isle~ ~ ki 1 aY Lons7~ /~ Feu iyAaxC~
Tu~~~l--Gd~f,~tnc. ~ji»9irldns'~lnc, ~"a`tat'.eo~mbri-~~,c{ t~..ycars
Grf-yd7"`-Boea PQc.7~on ~rr9~/le~f~n Gana'ii: ?nsne.G~ar,Ixir,rtyehnpr
t d
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?
h')y ¢xperian~'~- fs~s b-Per~ :r~ ffor»ss ~~ Lomtri;c~a! Gfr,s'~:
e~=}y af'-~d~ Ra ~or~ as Ei~q,i>.o~riq G'a•n~ /rag~r~~is re v/sw<o~
~~~: ~~~nsi Jny~a..t-~,mns e~'8rtof~.es~ Rea ~~r~ js !'
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOA D OR COMMITTEE:
~ y ~~- y®trs uri+F~ fife Cr`-{~o~`Bo<a 1t'a~'or~ as ,vn~.lon9`~sP.
r ~~V a ~Yw-at! IYl a yt ~ I'-'1 ¢.a-~-r V1 o)S W ~ a'~a'f',~ ~, ~i•tp' f ; ~bGt ~ irl-~.
,U.e p'i : ac n d ti f/ re Gvns-t. »~ e~"j~~'s t~tr. r'-I<~l~ .G1~il~o-~rs~ ~- 9/ n,+ur1
anon. a
HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE?
~/ o
..HAVE~'1(OU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL
TURPITUDE IN THIS OR ANY STATE?
WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED
ABOVE?
L ~.
I hereby certify that I am qualified to hold the positlon for which this application is made. Further, t hereby authorize
the City of Sebastian to investigate the truthfulness of all infom~ratjon which t have provided in this application. I
understand that any misrepresentation or omission of information requested in th(s application is cause for
disqualification.
I have been provided with, read and understand City of Sebastian Code of Ordinances Sectlons 2-166 through 2-173
(attached). Information relative to a specific board or co is ava ble if requeste .
App (cant Signature
Subscribed and sworn to before me this day of ~~""-• ~od-z by
~'! ~ ~i~-~ who is ~rsonally~ known to me, or has produced
as identification.
Notary Public, State of.Flonda
Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330
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HOME OF PELICAN ISLAND
June 21, 2007
PRESS RELEASE
CONSTRUCTION BOARD
THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING
UNEXPIRED POSITION ON THE CONSTRUCTION BOARD:
• REGULAR MEMBER, AS FAR AS PRACTICAL ELECTRICAL CONTRACTOR
POSITION, EXPIRING 9/30/07
ALL BOARD MEMBERS MUST BE CITY OF SEBASTL4N RESIDENTS, AND HAVE
ACTIVE, REGISTERED CONTRACTOR LICENSES EXCEPT FOR THE CONCERNED
CITIZEN APPOINTMENTS.
THIS BOARD MEETS ON THE SECOND TUESDAY OF EACH MONTH AT~ 7:00 PM
IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN.
APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225
MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR
AT CITY'S WEBSITE (WWW.CTTYOFSEBASTIAN.ORG) AND WILL BE ACCEPTED
JULY 6, 2007.
Please note council may appoint an alternate member to this regular member positipn and
applications received will then be used to fill the alternate position at the same meeting.
###
C~
CONSTRUCTION BOARD
3-YEAR TERMS
MEETS 2ND TUESDAY EACH MONTH - 7:00 P.M.
MEMBER NAME POSITION APPOINTMENT CURRENT TERMS
AND ADDRESS HISTORY STATUS COMPLETED
Electrical Term to
Contractor expire
Position 9/30/2007
Regular Reappointed 9/14/05 Term to
Jean Carbano Concerned expire
433 Betty Avenue Citizen Took Stuart Houston s g/30/2008
Sebastian, FL
Position Concerned Citizen
32958 Regular Position
581-1397 5/26/04
Frank A. Garland, Plumbing Reappointed 9/27/06 Term to
Jr. Contractor expire
449 Ponoka Position Reappointed 9/10/03 9/30/2009
Street
Sebastian, FL Took Herbig's
32958 Plumbing Contractor
589-3020 Regular Member
Position 11/8/2000
Chad Widup Engineer or
Architect Reappointed 9/27/06 Term to
1174 Laconia expire
Street appointed 1/25/06 9/30!09
Sebastian, FL
32958
589-9821
Shawn Hosey Regular Took Lanning's Term to
133 Cardinal Dr Contractor
position
position 9/27/06 expire
g/30/2009
Sebastian, FL
32958 Appointed Alternate
589-2312 7/12/06
Frank HARV Took Mitchell's HARV Term to
Dalessandro Contractor Contractor Position expire
130 Stony Point 8/10/05 9/30/2007
Drive
Sebastian, FL
32958
508-7140
69
~7y
Jim Morris Regular Reappointed 9/27/06 Term to
P. O. Box 780765 Member
Contractor expire
9/30/2009
Sebastian, FL Craw's
Took Mr
32978 .
unused Regular
589-3519 Member Contractor
position 11/12/03
Dithmar Butla Alternate Term to
1389 Roulette Concerned expire
Street Citizen 9/30/2007
Sebastian, FL Position
32958
589-4239
Kari Lanning Alternate Appointed 1/10/07 Term to
185 Midvale Contractor expire
Position 9/30/2007
Terrace
Sebastian, FL
32958
589-3189
BOARD SECRETARY -Kathy Nappi
70
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4ii?NiE ~f FEL[~ARI SSfAtdLS
Subject: Reappointments from Temporary Agenda No: ~`.
Environmental Advisory Committee and Tree
& La dscape dvisory Committee to Natural Department Origin: City Clerk's Office
Res urces and City Clerk:
Ap ve r Submittal by: City Attorney:
Date Submitted: 7/5/07
For Agenda of: 7/11 /07
Ci a r
Exhibits:
SUMMARY STATEMENT
City Council, at its June 27, 2007 Regular Meeting, adopted Ordinance No. 0-07-
11 creating the Natural Resources Board whose composition shall initially be the
exisiting members of both the Tree & Landscape Advisory Committee and
Temporary Environmental Advisory Committee with such members maintaining
their exisiting status as regular or alternate members of the new Board.
I would ask that you formally transfer current members to the new Board
membership as set out below:
MEMBER NAME AND ADDRESS
Lynn Albury appt'd 12/1999 Ginny Koerner appt'd 3/2007
1666 Seahouse Street exp 4/2008 1517 Dewitt Lane
Sebastian, FL 32958 Sebastian, FL 32958
589-0037 581-8827
Trish Adams appt'd 4/2005 Cyndi Schuster (alternate) appt'd 7/2006
47 River Oak Drive 729 Spire Avenue exp 11/2008
Sebastian, FL 32958 Sebastian, FL 32958
388-5535 589-8091
Maureen Cummings appt'd 5/2006 James Slattery (alternate) appt'd 9/2005
134 Englar Avenue exp 11/2008 1361 Barber Street
Sebastian, FL 32958 Sebastian, FL 32958
589-1175 589-6006
Todd Klitenic appt'd 4/2007 Kristi Yanchis appt'd 9/2005
1274 Barber Street 125 Royal Palm Street
Sebastian, FL 32958 Sebastian, FL 32958
589-5255 388-2911
RECOMMENDED ACTION
Move to accept the existing members with their existing status to the Natural Resources
Board.
~i
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HOME E1F FEidCAN ISI.At~I~
AGENDA TRANSMITTAL
Subject: Agenda No.
Department Origi Chit i agar
New Cingular Wireless Agreement Finance Depa t:
C
e
' ity Attorn
y:
City Clerk:
Ap ova r ubmittal by: Date Submitted: 05 JUL 2007
I i ne Cit Mana er
Exhibits: Agreement, Site Survey
EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION
$0 $0 REQUIRED:
$0
SUMMARY
In concert with the City Attorney's office, arevised/updated agreement has been negotiated with
New Cingular Wireless PCS, LLC. This is a company that merged with Beli South and currently
maintains telecommunication facilities on the City of Sebastian behind the Police Station and just
to the south of the Friendship Park Baseball field. Namely this facility is the communications
tower for which the currently pay $1,897.98 per month or $22,775.76 annually.
In the performance of upgrading and maintaining services, especially during emergency events,
'New Cingular would like to place a generator at the current site. The purpose of the generator is
_ to keep the equipment operating- during power outage with will provide cellular service during
emergency times.
The basic requirements of the agreement are that New Cingular gets (1) to place the emergency
generator on the site, with language that indicates the generator will run only in emergencies;
and, (2) lengthens the term of their agreement which was originally scheduled to expire in 2025 to
2055.
In exchange, the City will .receive aone-time payment of $27,250 and increase the monthly rent
by an additional $375.00. Therefore, the total annual revenue from the tower will be $27,275.76
RECOMMENDATION
Approve amended lease.
~~
~~
June 29, 2007
Mr. Alfred Minner, City Manager
Mr. Rich Stringer, City Attorney
c/o City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: Business Unit #: 801858
Site Name: FL VERO 6 BSI
Dear Mr. Minner and Mr. Stringer:
This binding letter agreement ("Letter Agreement") sets forth the agreement that is to be
memorialized between and New Cingular Wireless PCS, LLC, a Delaware limited
liability company, successor by merger to BellSouth Mobility LLC, a Georgia limited
liability company, successor by corporate election to BellSouth Mobility-Inc., a Georgia
corporation ("Lessee") and the City of Sebastian ("Lessor"), to modify, :among other
things, the length of the term in the lease agreement between the Lessor and Lessee dated
the 15th of June 2000, as may be amended (the "Lease") for property located in Indian
River County, Florida.
For and in consideration of One Hundred Dollars ($100.00) paid by Lessee to Lessor, the
parties agree as follows:
1. Lessor and Lessee will enter into an amendment to the Lease ("Lease
Amendment") wherein the term of to the Lease will be modified. The Lease currently
provides, in section. four (4) that there four (4) five (5) year extension terms. That Lease
section will be amended to provide so that the remaining term of the agreement will be
ten (10) five (5) year terms extension left. This represents six additional five-year
periods.
2. In addition to the modification described .above, the Lease Amendment will
further modify the Lease to provide:
A one-time twenty-seven thousand two hundred fifty
dollar ($27,250) signing bonus will be paid. This
includes incentive money for the lease extension in
addition to monies towards the City of Sebastian's
landscaping efforts to beautify and screen the area
around the cellular tower compound which will be
maintained by the city of Sebastian
~~
,~
• A three hundred seventy-five dollar ($375) per/mo increase in rent-
paid at commencement of construction to lease a 10X13 (130 sq/ft)
area of land adjacent to the existing lease area for the installation
of an emergency backup generator
• ROFR language allowing Crown rights . of first
refusal, limited to Crown's competitors
If, during the Option Period or Lease Term, Lessor receives an
offer from any entity (along with any of its aff Bates) that owns
and operates towers or other facilities for wireless
telecommunications or any entity that is in .the business of
acquiring Lessor's interest in ground lease and said entity desires
to acquire any of the following interests in all or a portion of the
Leased Premises: (i) fee title, (ii) a perpetual or other easement,
(iii) a lease, (iv) any or all portions of Lessor's interest in this
Agreement including but not limited to the Rent or revenue. derived
.here from, whether separately or as part of the sale, transfer, grant,
assignment, lease or encumbrance of Lessor's Property or other
interest in the Lease, or (v) an option to acquire any of the
foregoing, Lessor shall provide written notice to Lessee of said
offer ("Lessor's Notice"). Lessor's Notice shall include the
prospective buyer's name, the purchase price being offered, the
other terms and conditions of the offer, a due diligence period, the
proposed closing date and, if a portion of Lessor's Property is to be
sold, a description of said portion. Lessee shall have a right of first
refusal to purchase, at its election and on the terms and conditions
as in Lessor's Notice (i) a fee simple interest in Lessor's Property
(or such lesser portion thereof as is described in Lessor's Notice},
(ii) a fee simple interest in the Leased Premises or (iii) a perpetual
easement for the Leased Premises in accordance with Section 6
hereof, all on the same terms and conditions as in said offer by
Lessor as modified by this paragraph. If the Lessor's Notice is for
more than the Leased Premises and Lessee elects to purchase in fee
or acquire a perpetual easement in only the Leased Premises, the
terms and condition of said acquisition, including but not limited to
the purchase price, shall be the same terms and conditions as in
Lessor's Notice but the purchase price shall be pro-rated on an
acreage basis. If the Lessor's Notice shall provide for a due
diligence period of less than sixty (60) days, then the due diligence
period shall be extended to be sixty (60) days from exercise of the
right of first refusal and closing shall occur no earlier than fifteen
days thereafter. If Lessee does not exercise its right of first refusal
by written notice to Lessor given within thirty (30) days after
Lessor's Notice, Lessor may sell the property described in the
Lessor's Notice to such third person in accordance with the terms
and conditions of the offer. If Lessee fails or declines to exercise
its right of first refusal, then this Lease shall continue in full force
~~
and effect and Lessee's right of first refusal shall survive any such
sale and conveyance and shall remain effective with respect to any
subsequent offers to purchase the .Leased Premises or Lessor's
Property.
3. Upon receipt of this Letter Agreement evidencing Lessor's acceptance of the
terms herein, Lessee shall submit this Letter Agreement to its Capital. Committee. Within
sixty (60) business days of approval by the Capital Committee, Lessee shall prepare the
Lease Amendment and Lessor shall execute the same without any unreasonable delay.
4. Irrespective of whether the transaction contemplated by this Letter Agreement
is consummated, Lessor and Lessee each will pay their own out-of-pocket expenses.
5. Notwithstanding anything to the contrary contained herein, Lessee has the
complete right to terminate this Letter Agreement and not proceed to closing for any or
no reason at any time prior to closing.
6. Lessor represents and warrants as of the date of this Letter Agreement that
Lessor is duly authorized and has the full power, right and authority to enter into this
Letter Agreement and to perform all of its obligations under this Letter Agreement and to.
execute and deliver all documents, .including but not limited to the Lease Amendment,
required by this Letter Agreement.
If this Letter Agreement accurately sets forth our understanding regarding the foregoing,
please so indicate by signing and returning to the undersigned the enclosed copy of this
letter.
LESSOR: LESSEE:
City of Sebastian New Cingular Wireless PCS, LLC, a
Delaware limited liability company,
successor by merger to BellSouth
Mobility LLC, a Georgia limited
liability company, successor by
corporate election to BellSouth
Mobility Inc., a Georgia corporation
By: By:
Name: Name:
Title: City Manager Title:
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CTI'I' OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Conlon Landscaping Agenda No. Q 7. (~Jr'
App owed or Submittal by: Department Origin: Pub is Works
Department Head•
Finance Director:
~' City Attorney:
A n r City Clerk•
Date Submitted: 07/05/07
For Agenda of: 07/11/07
Ezhibits:
EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE:
REQUIRED: BUDGETED• REQUIRED: Stormwater Reserve
$422,178 $376,948 $45,230 Account
SUNIMARY
In January 2007, the City of Sebastian renewed our ditch/swale mowing agreement with
Conlon Landscaping (Sebastian, FL). This contract called for mowing the undeveloped
lot front swales and mowing of the identified drainage ditches. In short, the front swales
were to be mowed 7-9 times per year at a cost of $102,566 and the ditches were to mowed
three times per year at an annual cost of $274,382.. Additionally, the new contract broke
the ditches into target areas, which made it easier for billing and tracking purposes.
Attached hereto is that map.
During the month of December 2006 and January 2007, my office received a number of
complaints from residents on Nebraska Circle. If you recall, the initial year of the Conlon
contract called for ditch clearing in an amount of $1.00 per square foot cleared. While most
of the City ditches were cleared by this time, Nebraska was not because of its size,
complexity and potential cost. This ditch was heavily overgrown with large trees, which had
to be cut and hauled away. Hence, as other ditches and right-of--ways became cleared and
maintainable, my office- authorized Conlon Landscaping to mow and clean the Nebraska
ditch. After much review and checking, the cost to clear this ditch was $45,230. This price
~. ~ .,
is based on the contractual bid of $1.00 per square foot for "clearing".
~~
Since the new Conlon Council approved contract in January and since it still had a "clearing"
line item, the Nebraska costs were paid under the new $376,948 purchase order. However, as
Conlon begins the "third cut", the Public Works Department is projecting a shortage of
$42,324 for the fiscal year. This shortage is due to the payment made to Conlon for
Nebraska services. Therefore, staff is asking that the City Council allocate funding for this
ditch from Stormwater funds to cover this shortfall.
Allocating this funding will allow us to keep the ditches and front swales on their schedule.
The Stormwater division believes that this is the best .solution, because mowing all the
ditches in the hurricane season months is critical. Enclosed for your review is a chart, which
depicts the dates when the target areas have been mowed and will received their third mow.
The reason for brining this forward is to prevent a shortfall at the end of the year.
Other options such as discontinuing mowing exists, however no other option is feasible, as
Nebraska was in dire need of maintenance and perpetual expenses will need to be made to
keep the ditches from returning to their preexisting conditions occur. Please also note that
the stormwater reserve account can absorb this expense. If you recall during the FY 07 CIP
workshops, I informed Council that the current FY 07 stormwater reserve account balance is
$425,000. Last meeting, Council authorized $17,187 from -this same account for the Davis
Street Baffle Box project, so there is still enough cash to cover the Conlon contract overage
expense without significantly damaging the Stormwater Fund's overall cash position.
RECOMMENDED ACTION
Move to appropriate $45,230 from the Stormwater reserve funds and increase the Conlon
contract by this amount.
~~
Ditch Mowing Spread Sheet new. contract
Date October November December January February March
DM #1 $ 8,313.00
DM #2 ~ $ 13,583.00
DM #3 $ 637.50 $ 17,083.00
DM #4 $ 25,363.00
DM #5 $ 17,162.75
DM #6 $ 11,977.75 $ 14,527.00
Cleanup $ 7,000.00
Special Ditch Clearing -Nebraska $ 45,230.00
April May June July August September
DM #1 $ 8,313.00 $ 8,313:00
DM #2 $ 13,583.00 $ 13,583.00
DM #3 $ 17,083.00 $ 17,083.00
DM #4 $ 23,426.00 $ 23,426.00
DM #5 $ 14,527.00 $ 14,527.00
DM #6 $ 14,527.00
Cleanup
Special Ditch
$ 8,313.00
$ 13,583.00
$ 17,720.50
$ 25,363.00
$ 17,162.75
$ 26,504.75
$ 7,000.00
$ 45,230.00
$ 16,626.00
$ 27,166.00
$ 34,166.00
$ 46,852.00
$ 29,054.00
$ 14,527.00
Ditch Clearing $329,268.00
ROW Mowing $90,004.00
ESTIMATED FY 07 TOTAL $419,272.00
ROW Mowing Spread Sheet new contract
Date October November December Janua Februa March
Main Roads $ 2,156.00 $ 2,156.00 $ 2,156.00 $ 2,156.00 $ 2,156.00 $ 2,156.00
Side Roads $ 7,741.50 $ 7,741.50 $ 7,741.50
Powerline Rd $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00.
A ril Ma June Jul Au ust Se tember
Main Roads $ 2,156.00 $ 2,156.00 $ 2,156.00 $ 2,156.00 $ 2,156.00 $ 2,156.00
Side Roads $ 7,741.50 $ 7,741.50 $ 7,741.50 $ 7,741.50 $ 7,741.50
Powerline Rd $ 200,00 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 200.00
$ 12,936.00
$ 23,224.50
$ 1,000.00
$ 12,936.00
$ 38,707.50
$ 1,200:00
$ 90,004.00
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HOME OF PELIGIN ISI:AIVE?
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Stonecrop Pipe Rehabilitation Agenda No. (~ ~ ,
Department Origin: Public Works
Finance Director: '
App ove r Submittal by- City Attorney:
• City Clerk•
Date Submitted: 7-OS-07
1 ne For Agenda of: 7-11-07
Ezhibits: Piggy back contract city of Tampa, estimate sheets from Lanzo
EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE:
REQUIRED: BUDGETED: REQUIRED:
$135,985 $289,972 $ -~- DST Funds
SUMMARY
The Public Works Department is now requesting that the. Council consider awarding a
contract based on the piggyback bid prices from the City of Tampa to Lanzo Pipe lining for
the Stonecrop and Airport Drive East pipe rehabilitation project. You will recall that Council
recently approved moving money from the Capital Improvement Budget so that this project
could be completed, however, since moving the money for Stonecrop, Airport Drive East
also needs to be considered as funds. exist.
The cost for the Stonecrop project will be $103,720. This will be only for the sliplining part
of the project. sliplining the pipe will provide the same structural integrity and support for
the road as a regular pipe, without the need to open cut the road. In addition to repairing the
road crossing on Stonecrop, the Stormwater division will need to purchase 100 additional
feet of metal pipe (in the amount of $6,635 which will be purchased off Indian River County
piggyback prices from Southern Culvert) to extend the pipes further toward the retention area.
to prevent additional erosion and washout. The final estimate for Stonecrop is $110,355.
The second portion of this request is to use the same company (Lanzo Lining) to repair the
road crossing under Airport Drive East. This culvert was installed in the early-mid 1980s. In
performing the twin ditch prof ect, MEI Construction and city staff identified that the culvert
was deteriorated. Replacement of this culvert was not part of the Twin Ditch project.
However, the inspection revealed that the life of this pipe is completely gone and because of
the activity on the road, utilities surrounding the area and amount of storm water that will be
retained in twin ditches, it is critical that this pipe be replaced. A road crossing washout in
this area would be catastrophic, because (1) it is the only access to the Golf Course, Eagles
Nest and Airport Administrative Building; and, (2) significant utilities such sanitary sewer
and phone could be washed out if the crossing breaks. These infrastructure conflicts also
make a sliplining repair idea. For your information, MEI provided a change order price of
approximately $60,000 to open cut and replace the culvert; however, Lanzo Lining, provided
a sliplining price of $23,620 for the Airport Drive East. Like with the Stonecrop project, an
additiona140 feet of 54"metal pipe will be required at a cost of $2,010 to better divert water
into the new "twin ditch", making this project total $25,630.
When reviewing the individual cost estimates, I have confirmed with the company that if the
locations are approved together and one work order is issued there will only be one
mobilization charge and the possibility of one traffic control charge. This will reduce the
amount between $1,000-$3,000. However, if they have to leave and come back at a different
time for the second pipe, both charges will apply.
All of the prices on the written estimates are based on the City of Tampa bid documents
except the actual line item for the pipe size. Tampa did not bid anything over 48" in size so
the cost per foot charge for the CIPP will not show up in your bid package. In addition, staff
is of the opinion that conducting bidding, especially on the Airport Drive East project, will
delay repair of the pipe. Further, with the Airport Drive project being "wrapped" into the
Stonecrop project, some mobilization savings occurred. Moreover, since (1) these prices are
based on a piggyback and (2) we have received open-cut estimates, we believe due diligence
has been done to ensure a competitive bid with Lanzo Lining. We have used Lanzo Lining in
the past on several other pipes in the City of Sebastian and we have been satisfied with their
work and the finished product.
RECOMMENDED ACTION
Move to approve an award to Lanzo Lining Services in the amount of $127,340 from
piggyback prices with the City of Tampa and Southern Culvert in the amount of $8,645
based on piggyback prices from Indian River County. Please note the cost breakdown for
the two projects is as follows:
PROJECT SLIPLINING (LANZO) CULVERT TOTAL
(SOUTHERN CULVERT
Stonecrop $103,720 $6,63 5 $110,355
A' ort Drive East $23,620 $2,010 $25,630
PROJECT TOTALS $127,340 $8,645 $135,985
J
712$107
LANZO
Lining S~t'vic~s, Xn~.
Mr. David W. Fisliar, P.E ,City E~agineer
City of Sebastian
1225 Main Street
Sebastian, Fl 32598
Re; Twin +b0" Culvert Rehabilitation at Stenecrop
Dear Mr. Fisher,
125 S.~_ 5°i Court
Deerfield Beach, Florida 33441
c~~ce: (154) 973-9700
Fax: {954) 474-389Q
v~ww.lzin~o.net
The ~ollawing units world apply to the repairs of the failed corrti~ted steel pipe visited:
1Vlobilization S T,000.00 l LS $ 1,000.04
Traffic Control $2,000.00 1 L5 S ?,OOb.00
Mechanical Cleaning $ 9.00 240 LF S~ 2,160.00
60" C1Pl' $ 4t~6.5Q 240 LF $ 97,560.00
Setup less than 100' $1,00D.00 l LS ~ 1,000.40
Total estimated expense $ 103,720.00
Price includes, but may not be limited to all cleaning, degreasing, bypass pimping, closed circuit
robotic televising, pipe liming, Sealed Calculations, tf.ird party testing, and cerkificatian.
Thank you for your kind consideration of Lanzo Lining Services.
Respect£u11y Subiavtted,
Fred Ttngber'g~r.
>_,a.~zo Liming Services
Fred Tingberg Jr., assi5tAnt SECletai'~
An Equal Opportunity Employer
Tnnr+i, WrtTxn~a ' m~T~-s
(Q3'
!aua ale eca F~~ ac_ur~ ~nns;on:in -_
7/28/07
~~l
LANZO
Lining Services, Inc.
Mr. David W. Fisher, P.E. ,City Engineer
City of Sebastian
1225 Main Street
Sebastian, Fl 32598
12S S.E. S~' Court
Deerfield Beach, Florida 33441
Office: (9S4) 973-9700
Fax: (9S4) 974-3894
www.lanzo.net
Re; Emergency S4" Culvert Rehabilitation
Piggyback of City of Tampa Contract 7-C-2 FY '07 Citywide Stormwater Repairs
Dear Mr. Fisher,
The following units would apply to the repairs of the failed corrugated steel pipe visited:
Mobilization $1,000.00 1 LS $ 1,000.00
Traffic Control $2,000.00 1 LS $ 2,000.00
Mechanical Cleaning $ 9.00 80 LF $ 720.00
S4" CIPP $ 236.25 80 LF $18,900.00
Set up less than 100' $1,000.00 I LS $ 1,000.00
Total estimated expense $ 23,620.00
Price includes, but may not be limited to all cleaning, degreasing, bypass pumping, closed circuit
robotic televising, pipe lining, Sealed Calculations, third party testing, and certification.
Thank you for your kind consideration of Lanzo Lining Services.
Respectfully Submitted,
Fred Tingberg Jr.
Lanzo Lining Services ~Z Z1 Wd z ~(~(' Eo~~
Fred Tingberg Jr., assistant secretary
An Equal Opportunity Employer
CITY OF TAMPA
Mayor Pam Iorio CONTRACT ADMINISTRATION DEPARTMENT
Aavid ~. Vaughn, ,~,Zg„ Director
FAX:. (954) 474-3894
Lanzo Lirlizzg Services, Inc.
125 SE Sa` Cour, t
Deerfield Beach TL 33441
ATTENTION: Mr. GGuiseppe D'Alessandro,
RE: Contract 7-C-2, Citywide Stormwater
NOTICE'l<'O P~tUCEED
Gentleme>1:
~ ~~
~+- ~rF February 7, 2U07
Wlt~ ~~K,
K~vMR AwsL
~a ~
~rr.v ~My~ilTgle
FritK i1+k#wMltfb
IwYrM. t IboLS~dt
r-`,,,~rl_~n..A'iare Pipe (C.I.P.P.) FY07
Transmitted herewith are two ;Golly executed originals of the referenced Contract. One set is for your
records and the other is for yowr bonding company. Your ilasurance is in order and coz>aglete. The
Starting Date far this contract xs February 7; 2007 and is for 365 calendar days, therefore estsbiishing
a completion date of February 7, 2008.
You are reminded that you must submit copies of all subcozrtracts or j oint venture agreements, and
report on the amounts paid.
Prior to occupyiztg the site or performiz><g arty of the work, you must be so directed by the
Con.~ictivn Engitaeer. If you have not already attended a pre~constnctiox~ conference, please
contact Don. Cerxn$no at (813) 635-3402. I-lis office will be your contact point for all matters during
construction.
Tk~ank you for your attention to tl~.ese details. We look foxwat~ to a mutually successful. project.
Sincerelys~
r-
David L. Vaughn, AZA, Director ~~"
(7-G21ntp}
E>tciosed: 2 Original Ez~eeuted Contract Documents
xc: C. Walter, J_ Clark/S. vnlrntin/M. RicharYlson; 3. 3cachriat, .~, C#rny, M. Dyer, J. (3reirtct, H. Wcisa, ,1, Jnek}arm, D. AelCaatiflo,
A. Hawos-Vcrbek, K. Larsen, D. CaRncna, P, )_ Calloway. J. T~iudock, G. Fiart/WMD, P_ Broom, E, Archer, 5. CJppcnlieim,
cotmn~c ~-c-Z ray
306 .E_ Jackson Street, 4N • Tampa, Florida 3360? (813} 2']4-$45G • FAX: (813) 274-8080
TampaGr~v
www.tampa gov.net
r'
~~
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--
ontract 7-C-2; CITYWIDE STORMWATER REHABILITATION BY CURED-IN-PLACE PIPE(C.I.P.P.) FY07
PROPOSAL
To the Mayor and City Council of the City of Tampa, Florida:
Name of Bidder Lanzo Lining Services , Inc .
954-973-9700
Business Phone Number
125 SE 5th Court, Deerfield Beach, FL 33441
Business Name and Mailing Address
' Fred Tingberg, Jr. 954-931-4430
Phone Number and Name of Contact Regarding Permits
- Robert Beaty, III Fed. 4~ 65-0414559
ContractodQualifiers Name and Social Security Number
Date of Proposal October 31, 2006
(If Bidder is a firm, fill in the following blanks):
' Names and Residential Ad ses of Partners
(If Bidder is a corporation, fill in the following blanks):
Organized underthe laws of the State of Florida
Names and Address of President
- Guiseppe D'Alessandro
125 SE 5th Court Deerfield Beach FL 33441
Name and Address of Vice President
' Antonio D'Alessandro
125 SE 5th Court, Deerfield Beach, FL 33441
Name and Address of Secretary
Fred Tingberg, Jr.
125 SE 5th Court, Deerfield Beach, FL 33441
Names and Address of Treasurer
_ Angelo D'Alessandro
125 SE 5th Court, Deerfield Beach, FL 33441
----~--~-~~ - -- _ _ _ __ P-1...-
- , ~~ /
~ (__~~
Contract 7-C-2; CITYWIDE STORMWATER REHABILITATION BY CURED-IN-PLACE PIPE (C.I.P.P.) FY07
The above-named Bidder affirms and declares:
(1) That the Bidder is of lawful age and that no other person, firm or corporation has any interest in this
Proposal or in the Contract proposed to be entered into
(2) That this Proposal is made without any understanding, agreement or connection with any other
person, firm, or corporation making Proposal for the same purposes, and is in all respects fair and
without collusion or fraud.
(3) That the Bidder is not in arrears to the City of Tampa, upon debt or contract, and is not a defaulter, as
surety or otherwise, upon any obligation to the City of Tampa.
,_ (4) That no officer or employee or person whose salary is payable in whole or in part from the City
Treasury is, shall be or become interested, directly or indirectly, as a contracting party, partner,
stockholder, surety or otherwise, in this Proposal, or in the performance of the Contract, or in the
supplies, materials, or equipment and work or labor to which it relates, or in any portion of the profits
thereof.
(5) That the Bidder has carefully examined the site of the work and that, from his own investigations, he
has satisfied himself as to the nature and location of the work, the character, quality, and quantity of
_ materials and the kinds and extent of equipment and other facilities needed for the performance of
the work, the general and local conditions~and all difficulties to be encountered, and all other items
which may, in any way, affect the work or its performance.
_ (6) That the Bidder
Has; Treasury Number
- ~ Has not
(Check applicable box)
previously performed work under the President's Executive Order Nos. 11245 and 11375.
(7) That the undersigned, as Bidder, also declares that he has carefully examined and fully understands
all the component parts of the Contract Documents and agrees that he will execute the Contract and
. finish the required Performance Bond and will completely perform the work in strict accordance with
- the terms of the Con`Jact and the Contract Documents therein referred to for the following prices, to
wit:
_-,
_ ~ P-2 ~
~~%'
SCHEDULE OF SUBCONTRACTORS SOLICITED
(Submitted with Bid)
W/MBE GfOUD If Rejected,
. Firm Name/Address Trade lif applicable) Rejection Criteria
t 1NNan~~t.~ T-z~l . Cfl~,l ~-71! W ~ (~) (2) (s) (4) (5)
Other:
(~) (2) (3) (4) (5)
Other:
4
5
(~) (2) (3) (4) (5)
Other:
(~) (2) (3) (4} (5)
Other:
(~) (2) (3) (4) (5)
Other.
(Else additional pages, if necessary)
W/MBE BID REJECTION CRITERIA
1. A reasonable price could not be obtained.
2. Certified W/MBE Bidder ~~vas not interested in bidding at this time.
3. Certified W/IvIBE Bidder is not absolutely qualified for this type of work.
4.. Certified W/Iv1BE Bidder was not able to meet bonding and/or insurance requirements.
5. Certified W/NIBE Bidder did not respond to request for proposal.
Contractor's Name: Lanzo Lining Services, Inc Date: 10/27/06
Project Title: Citywide Stormwater Rehab by CIPP FY07
~`
~~
C
~~~-~--
P-2a
SCHEDULE OF PARTICIPATING CERTIFIED W/MBE SUBCONTRACTORS
(SUBMITTED WITH BID}
W/MBE
Group
(Women,
Black,
Firm Name/Address Trade Hispanic) Amount _ Contract
r-
v~_
3 $
4 $
i
5 $
(Use additional pages, if necessary}
Total participation percentages: WBE ) ~j BBE : KgE
NOTE:
i 1. Attach Letters of Intent to this form.
2. If total participation percentages stated above do not meet those established for this project, the Bidder
must include as part of its bid documentation of good faith efforts.
Contractor's Name: Lanzo Lining Services, Inc. 10/27/06
__ Date:
Project Title: Citywide Stormwater Rehab by CIPP FY07
P.~
a:~
_~
"EXHIBIT A"
SCHEDULE OF CURRENT WORK FORCE UTILIZATION (TO BE SUBMITTED WITH BID)
Note: This applies to Contracts in excess of $50,000 or Contractors who employ in excess of 15 employees.
_., r ~t t - .. -- - ~.
i
~~S;hD ¢, - $ ~ _'~CiJ ~ .
-
~
- --
14.7
~\3
~,
---
~ ~
l
4, ,~~
-~
-- -
-
,' '~
OFFICIALS (MANAGERS ~
PROFESSIONALS
SUPERVISORS
FOREMEN S
CLERICAL 3 2 1 i '
EQUIPMENT OPERATORS 5 2
MECHANICS I _ 1
TRUCK DRIVERS
IRONWORKERS
CARPENTERS
CEMENT MASONS
ELECTRICIANS
PIPEFITTERS, PLUMBERS
PAINTERS
PLASTERERS
ASBESTOS WORKERS
ELEVATOR CONSTRUCTORS
GLAZIERS
MILLWRIGHTS
SHEET METAL WORKERS
ROOFERS
TILESETTEP.S
LABORERS, SEMI-SKILLED
L
ABORERS,UNSKILLED
APPRENTICES
SERVICES WORKERS
TOTAL 43 2 1 5 12
Total minority target is 17.9%, Total female 6.9%
The above shall reflect the total permanent work force inside and outside the Tampa area.
Contractor's Name: Lanzo Lining Services,. Inc.
~~0
~ ._
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Date: 10/27/06
FFIRMATIVE ACTION COMPLIANCE STATEMENT
(TYPE or PRINT all items. Failure to complete any item may result in your bid being declared non-responsive.)
T a n ~ n T ~Il-~F~-~~ 6-~V ~-G g~ ~ ~-Ft E
Company Name
125 SE 5th Court, Deerfield Beach, FL 33441
Mailing Address City/State Zip Code
4260 NW 19th Avenue, Bay C, Pompano Beach, FL 33064
Plant or Business Location (If different from above) '
Assistant Secre
Authorized. Representative's Name and Title
954-973-9700 954-974-3894
Telephohe Number Fax Number
65-0414559
Empioyee Identification Number As Issued by IRS or Personal Social Security Number of An Owner
Type of Organization: [ ]Individual [)Small Business [ ]Non-Profit
[ ]Partnership [~] Corporation [ ]Joint Venture
Number of Employees: 63
Minority Business Status: [ ]Black [ ]Hispanic [ ]Woman ~ ]Non-Minority
AFFIRMATIVE ACTION COMPLIANCE: * This section MUST BE COMPLETED for ALL BIDS OVER ,510 D00. A~r-mative
action compliance approval of your company MUST be obtained from the W/MBE Program Office BEFORE an applicable
contract can be awarded to your comparry.
In order to comply with the City of Tampa Equal Employment Opportunity and Affirmative Action Ordinance, said company:
(Check the appropriate box.)
[~ is submitti.-tg WITH this bid
[ ]has submitted PRIGR TO this bid (Documentation
must be on ftle with the W/MBE Program Office.)
to the City of Tampa Contracting Agency or W/MBE Program Office, one of the following: (Check the appropriate box ,4~D
unless previously submitted, attach the appropriate documentation.)
[ ] A written Affirmative Action Plan for Minorities and Women to be approved by the City.
[ ] A copy of a letter or certificate of approval of your current written Affirmative Action Plan for Minorities &
Women from a governmental body or an Affirmative Action Program federal court order.
[ X] Documentation showing that the company's workforce reflects the demographic characteristics of the pool of labor skills
normally utilized by the company.
j) Documentation showing that the company has fewer than 15 employees and is therefore EXEMPTED from the Ordinance,
because the bid is $50,000 or less, such as, a copy of the company's most recent Employer's Quarterly Wage Report, Tax
Return, or other official record-keeping documents files with a state government or the federal government showing the
number of employees.
* If you need additional information on afrmative action compliance, contact the W/MBE Program Office,
306 East Jackson 7N, Tampa, FL 33602. Phone: (813) 274-8192 Fax: (813) 274-7176
Authorized Signature:
Date: IO/27/06
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Contract 7-C-2; CITYWIDE STORMWATER REHABILITATION BY CURED-IN-PLACE PIPE (C.I.P.P.) FY07
Computed Total Price In Words:
~~~~" dollars and A~ '~
cents.
Computed Total Price in Figures: $_ ~ ~3 ;~O ~~°-°
The bidder certifies that the following addendum(s) have been received and that the changes covered by the
addendum(s) have been taken into account in this proposal: #1 _ #2 - #3 _ #4_ #5_
The bidder certifies that it is aware and understands requirements of the City of Tampa Women and Minority
Business Enterprise Program.
Bidder acknowledges that included in the various items of the proposal and the Total Bid Price are costs for
complying with the Florida Trench Safety Act (90096), (Laws of Fla.) effective October 1, 1990. The bidder further
identifies the costs to be summarized below:
. Trench Safety Unit of
-- Measure Measure Unit Unit Extended
(Description) (LF, SY) Quantity Cost Cost
A. Trench Box _ LS 1 10,000 10,000
g Gas Detection LS 1 $ 2,000 $ 2,000
-_-
C. Safety Training LS 1 S 5,000 S 5000
D.
Total Cost ~ i 7 ~ 000
n
Signed ~~ l
Failure to complete the above may result in the bid being declared non-responsive.
- o{
P,
Contract 7-C-2; CITYWIDE STORMWATER REHABILITATION BY CURED-]N-PLACE PIPE (C.I.P.P.) FY07
Accompanying this Proposal is a certified check, cashier's check or Bid Bond (from included herein must be used} on
the for at least five (5) percent of the total amount of the Proposal which check shall become the property of the
Safeco Company of America of Seattle WA
(Name of Bank or Surety) (City & State)
City of Tampa, or which bond shall become forthwith due and payable to the City of Tampa, if this Proposal shall be
accepted by the City of Tampa and the undersigned shall fail to execute a contract with and to furnish the required
Performance Bond and Payment Bond to the City of Tampa within twenty (20) days after the date of receipt of written
Notice of Award by the City of Tampa to the undersigned so to do.
' Dated _ 10 / 2 7 / 0 6 , 2006
Lanzo Lining Services, Inc.
(Name of Bidder)
125 SE 5th Court Deerfield Beach FL 33441
(Address of Bidder)
~'
(Signature) v
Assistant Secreta
(Title)
Where Bidder is a Corporation:
Attest:
.~
Se rec tary
AFFIX
CORPORATE
SEAL
P-6
~ ~~
Contract 7-C-2; CITYWIDE STORMWATER REHABILITATION BY CURED-IN-PLACE PIPE (C.I.P.P.) FY07
ACKNOWLEDGMENT OF PRINCIPAL
STATE OF t-(OF ~~-
5S:
COUNTY OF P~jC~t-k~,Q )
For a Corooration:
f~e o~g~ t~m~ent was acknowledged before me this2~~ of ~(~j~r 200 b
>1-tof. ~-y
~~ ~ a ~~~/'~ ~l--o~~~oration, on behalf of
the corporation. she is personally known or h s _ produced
as identification. ,~ ~ / 1/
U Y h/L~ 1
Notary
N TARY PUBLIC-STATE OF FLORIDA
M a ssiq~~:Ualin
Commission # DD4$8561
'r ~I 07 2Q09
Bonded T7u-u AtlasidC Boding Co., Inc.
ici~
STATE OF
COUNTY OF
The foregoing instrument
acknowledged before me this of . X00 by
> a corporation, on behalf of
the corporation. He/she is -per ally laown or has _ produced
as identification.
tsar a rirm:
STATE ~-
COUNTY "r ~_
The foregoing instrument
the corporation. He/she i
as identification.
was acknowledged before me this of ---, 200 --- --- by
of , a corporation, on behalf of
s ersonally known or has _ produced
W/MBE Program -Good Faith Effort -Summary
Contract _7-C-2; Citywide Stormwater Rehabilitation by Cured-in-Place Pipe fC I P P) FY07
Owner: City of Tampa -Contract Administration Department
Bidder. L zo Linin Services Inc.
Signature: ~ %- Date: 10 / 2 7 / 0 6
• The Bidders representative, if attending, signed the log at the pre-bid conference, if one was held.
• A copy of the written notification sent to potential subcontractors is enclosed.
• A list of all firms initially notified is enclosed.
• The list includes all Certified W/MBE's known to perform the work to be subcontracted.
• Portions of the work were segmented or combined into economically feasible units as needed to suit
subcontracting by W/MBE's.
• Copies of records of efforts to negotiate with W/MBE's, beyond those already deliniated in the notifications and
any phone/fax logs, are enclosed or will follow shortly after the bid.
• Copies of records of efforts to assist W/MBE's, beyond those already deliniated in the notifications, are enclosed
or will follow shortly after the bid.
• A tabulation or copies of quotations received from W/MBE's will follow within 10 days of the bid.
• An explanation is listed for any low bid from a W/MBE that is not selected for par5cipation.
• Additional information (see also separate sheets):
GFES1-1
i o~
TAMPA B10 80ND
Contract 7-C-2; CITYWIDE STORMWATER REHABILITATION 13Y GURED•IN-PLACE PIPE (C.I.P.P.) FY07
KNOW ALL MEN BY THE5E PRESENTS, that we, Lanzo Lining Services, Inc.
125 SE 5th Court, Deerfield Beach, FL 33441
{hereineftarcalled the Principal) and Safeco Insurance Company of America
tt~reinafter called the Surety) a Corporation chartered and existin under the laws of the Stele of
_ashington .with its rind al offices in the Ci of Seattle
P P ty and authorized to
do busirx:ss in the State of Florida, are held and firmly bound unto the Clty of Tampa, a Municipal Corporation of
Hillsborough County, Florida, in the full and just sum of 59b of the amount of the (Bids fP%posal) good and lawful
money of the United States of America, tin be paid upon demand of the City of Tampa, Florida, tD which payment will
and truly to be made we bind ourselves, our heirs, executors, administrators, successors, end assigns, jointly and
severally and firmly these presents.
WHEREAS, the Principe! is about (n submit, or has submitted to the City of Tampa, Florida, a Proposal for
the construction of certain taciliGes for the City designated Contract 7-C•2, Citywide Stomtwater Rehabilitation by
Cured~in•Place Pipe (C.I.P.P.) FYD7.
WHEREAS, the Principal desires to file this Bond in accordance with law, in lieu of a certified Bidder's check
otherwise required to accompany this Proposal.
NOW, THEREFORE: The conditions of this obligation are such thaE ~ the Proposal be accepted, the
Principal shall, within twenty (2D) days after the date of receipt of written Nofice of Award, execute a contract in
accordance with the Proposal and upon the terms, conditions and price set forth therein, in the form and manner
raquin:d by the Ciry of Tampa, Florida and execute a sufficient and satisfactory Performance Bond and Payment
Bond payable to the City of Tampa, Florida in an amovrtt of one hundred percer>r (100°h) of the total contract price, in
form and with security satisfattory to said City, then this Bid Bond oblig ation is to be void; otherwise io be and remain
in full force and virtue in law, and the Surety shall, upon failure of the Principal to comply with any or all of the
foregoing requirements within the time specified above, immediately pay to the aforesaid City, upon demand, the
amount thereof, in good and lawful money of the United States of America, not as a penalty, but as liquidated
damages.
IN T~STIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and
sealed this 3 st day of October .2006.
principal LANZO LINING SERVICS, INC.
BY II -
TITLE 5`~. ~~e-~C.
SAFECO INSURANCE COMPANY 0 RICA
BY ~~t~~~~.P ~ g ~ . sl.a(..~ ~/h+~
'NILE Michelle K. Buechel, Attorney-in-fact
Countersigned:
(SEAL) ~ /J .
Loral Resrdent Pr during Agent ray
755 W. Highway 434, Suite I, Longwood, FL 32750
Local Resident Producing Agent's Address
The Geore Frey Insurance Agency
Name of Local Agency
The addition of such phrases as `nvt.to exceed" or tike impart shall renderthe (Bid) {Proposal)non-responsive.
BB-1
l ~~'
r ~ ~ ! ~ POWER
» OF ATTORNEY
KNOW ALL BY THESE PRESENTS:
No. 12634
Safeco Insurance Companies
PO Box 34526
Seattle, WA 981241526
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
*****LINDA L. AUSTIN; ANNE M. BARICK; MICHELLE K. BUECHEL;T. R. GUY; ROBERT D. HEUER; PAUL M. HURLEY;
C. A. JOHNSON; MARGARET M. KOHLOFF; MICHAEL D. LECHNER; Troy, Michigan"*"*******•***`*"*******"*"*"**
Its true and lawful attorney(s)-In•fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued to the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 8th
December 2005
day of -
STEPHANIE DALEY-~WJATSON SECRETARY MIKE PETERS PRESID NT SttRFTY
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affoced or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any.ceriificate executed by the Secretary or an assistant secretary of the Company setting out,
(') The provisions of Artlcla V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.'
1, Stephanie Daley-Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board oT Directors
of these corporations, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution
and the Power of Attorney are still in full force and effect.
tN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
~cP r~.~4
SEAL
d~~ 1953
5-0974/D5 4105
Safeco®and the Sateco logo era replstered trademarks of Sareco Corporation.
WEB PDF
°~;
31st day of October 2006
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5 E A L ~ ~Gfp~vj.w ~~d~~~~rr~-~'
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ltlyS
_,,,, ,~~ STEPHANIE DALEY-WATSON, SECRETARY
Contract 7-C-2
Citywide Stormwater Rehabilitation by Cured-in-Place Pipe (C.I.P.P.) FY07
AGREEMENT
For furnishing all labor, materials, and equipment, together with all work incidental thereto, necessary and
required for the performance of the work for the construction of Citywide Stormwater Rehabilitation by Cured-
in-Place Pipe (C.I.P.P.) FY07 in accordance with your Proposal dated October 31, 2006, for the total amount of
$685,880.00 as computed in accordance with subsections I-2.09 and I-2.10 of the Instructions to Bidders.
This AGREEMENT, made and entered into in triplicate, this oZ ~~ day of _~-e~p-t~vu,~ 20 ~-7 .
between the City of Tampa, Florida, hereinafter called the City, and Lanzo Lining Services, Inc., hereinafter
called the Contractor.
WITNESSETH that, in consideration of the mutual stipulations, agreements, and covenants herein to be kept,
paid, and performed, the parties hereto agree for themselves, their successors and assigns, as follows:
Contract 7-C-2, Citywide Stormwater Rehabilitation by Cured-in-Place Pipe (C.I.P.P.} FY07, shall include, but
not be limited to, furnishing all labor, materials, and equipment to rehabilitate, by installation of a cured-in-place
pipe liner, gravity stonnwater pipes with all associated work required for a complete project in accordance with
the Contract Documents.
Contract Documents referred to in Article 1.01 of this Agreement also includes this volume, the latest volume of
standard forms and provisions, applicable standard drawings, the plans and any provisions referred to whether
actually attached or not.
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1 ~ ~'
TAMPA AGREEMENT
SECTION 1
GENERAL
ARTICLE 1.01 THE CONTRACT
Except for titles, subtitles, headings, running headlines, and
tables of contents (all of which. are printed herein merely for
convenience), the following, except for such portions thereof
as maybe specifically excluded, constitute the Contract:
The Notice to Bidders;
The Instructions to Bidders, including Special Instructions
and General Instructions;
The Proposal;
The Bid Bond;
The Certification of Nonsegregated Facilities;
The Notice of Award;
The Agreement;
The Performance Bond;
The Notice To Proceed;
The Specifications, including the General Provisions, the
Workmanship and Materials, the Specific Provisions or the
Contract Items
The Plans;
All Supplementary Drawings Issued after award of the
Contract;
All Addenda issued by the City prior to the receipt of
proposals;
All provisions required by law to be inserted in this Contract,
whether actually inserted or not.
ARTICLE 1.02 DEFINITIONS
The following words and terms, or pronouns used in their
stead, shall, wherever they appear in this Contract, be
construed as follows, unless different meaning is clear from
the context:
(a)"City" shall mean the City of Tampa, Florida,
represented by its Mayor and City Council, Party of the First
Part, or such other City official as shall be duly empowered to
act for the City on matters relating to this Contract.
(b)"Contractor" shall mean the Party of the Second Part
hereto, whether corporation, firm or individual, or any
combination thereof, and its, thew, or his successors, personal
representatives, executors, administrators, and assigns, and
any person, firm or corporation who or which shall at any
time be substituted in the place of the Party of the Second
Part under this Contract.
(c)"Engineer" shall mean the Director of the
Department or his duly authorized representative.
(d)"Consultant" shall mean the engineering or
architectural firm or individual employed by the City to
consult with and advise the City in the construction of the
project.
(e)"Surety" shall mean any person, firm or corporation
that has executed as Surety the Contractor's Performance
Bond securing the performance of this Contact.
(f)"The Work" shall mean everything expressly or
implied required to be furnished and done by the Contractor
under the Contract, and shall include both Contract Work and
Extra Work.
(g)"Contract Work" shall mean everything expressly or
implied required to be fumished and done by the Contractor
by any one or more of the Contract parts referred to in Article
1.01 hereof, except Extra Work, as hereinafter defined; it
being understood that, in case of any inconsistency in or
between any part or parts of this Contract, the Engineer shall
determine which shall prevail.
(h)"Contract" or "Contract Documents" shall mean each
of the various part of the Contract referred to in Article 1.01
hereof; both as a whole and severally.
(i)"Extra Work" shall mean work other than that
required either expressly or implied by the contract in its
present form.
(j)"Plans" shall mean only those drawings specifically
referred to as such in these documents, or in any Addendum.
Drawings issued after the execution of the Contract to explain
further, or to illustrate, or to show changes in the work, will
be known as "Supplementary Drawings" and shall be binding
upon the Contractor with the same force as the Plans.
(k)"Specifications" shall mean all of the directions,
requirements, and standards of performance applying to the
work, as hereinafter detailed and designated as such, or which
may be issued in an addendum. .
(1)"Addendum or Addenda" shall mean the additional
contract provisions issued in writing prior to the receipt of
bids.
(m)"Notice" shall mean written notice. Notice shall be
served upon the Contractor, either personally or by leaving
the said notice at his residence or with any employee found
on the work, or addressed to the Contractor at the residence
or place of business given in his proposal and deposited in a
postpaid wrapper in any post office box regularly maintained
by the United States Post Office.
(n)"Project" shall mean the entire improvement package
or related work. The "project" may consist of several
different, but related, contracts.
(o)"Site" shall mean, and be limited to, the area upon or
in which the Contractor's operations are carried on and such
other appropriate areas as may be designed as such by the
Engineer.
(p)"Subcontractor" shall mean any person, fine, or
corporation, other than employees of the Contractor, who or
which contracts with the Contractor to furnish, or actually
furnishes labor, or labor and materials, or labor and
equipment or labor, materials, and equipment at the site.
(q)Whenever in the Contract the words "directed",
"required", "permitted", "ordered", "designated",
"prescribed", and words of like import are used, they shall
imply .the direction, requirement, permission, order,
designation, or prescription of the Engineer; and "approved",
"acceptable", "satisfactory", "in the judgement of', and words
of like import shall mean approved by, or acceptable to, or
satisfactory to, or in the judgment of the Engineer.
(r)Whenever in the Contract the word "day" is used, it
shall mean calendar day.
(s)"Final Acceptance" shall mean acceptance of the
work as evidenced by an official resolution of the City. Such
acceptance shall be deemed to have taken place only if and
when an approving resolution has been adopted by the City
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iii,
Any remedy provided in this Contract shall be taken and
construed as cumulative, namely, in addition to each and
every other suit, action, or legal proceeding. The City shall
be entitled as of right to an injunction against any breach of
the provisions of this Contract.
SECTION 3
PERFORMANCE OF WORK
ARTICLE 3.01 CONTRACTOR'S RESPONSIBILITY
The Contractor shall do all the work and famish, at his own
cost and expense, all labor, materials, equipment, and other
facilities, except as herein otherwise provided, as may be
necessary and proper for performing and completing the
work under this Contract. The Contractor shall be
responsible for the entire work until completed and finally
accepted by the City.
The work shall be performed in accordance with the true
intent and meaning of the Contract Documents. Unless
otherwise expressly provided, the work must be performed in
accordance with the best modem practice, with materials as
specified and workmanship of the highest quality, all as
determined by and entirely to the satisfaction of the Engineer.
Unless otherwise expressly provided, the means and methods
of construction shat] be such as the Contractor may choose,
subject, however, to the approval of the Engineer. Only
adequate and safe procedure, methods, structwes and
equipment shall be used. The Engineer's approval or the
Engineer's failwe to exercise his right thereon shall not
relieve the Contractor of obligations to accomplish the result
intended by the Contract, nor shall such create a cause of
action for damages.
ARTICLE 3.02 COMPLIANCE WITH LAWS
The Contractor must comply with all local, State and Federal
laws, rules, ordinances and regulations applicable to this
Contract and to the work done hereunder, and must obtain, at
his own expense, all permits, licenses or other authorization
necessary for the prosecution of the work.
No work shall be performed under this Contract on Sundays,
legal holidays or after regular working bows without the
express permission of the Engineer. Where such permission
is granted, the Engineer may require that such work be
performed without additional expense to the City.
ARTICLE 3.03 INSPECTION
During the progress of the work and up to the date of final
acceptance, the Contractor shall, at all times, afford the
representatives of the City, the Florida Department of
Environmental Regulation, and if applicable, the Federal
Environmental Protection Agency and the Federal
Department of Labor every reasonable, safe and proper
facility for inspecting the work done or being done at the site.
The inspection of any work shall not relieve the Contractor
of any of his obligations to perform proper and satisfactory
work as herein specified. Finished or unfinished work found
not to be in strict accordance with the Contract shall be
li~-
A-4
replaced as directed by the Engineer,. even though such work
may have been previously approved and payment made
therefor.
The City shall have the right to reject materials and
workmanship which are defective or require their correction.
Rejected work and materials must be promptly removed from
the site, which must at all times be kept in a reasonably clean
and neat condition.
Failwe or neglect on the part of the City to condemn or reject
bad or inferior work or materials shall not be construed to
imply an acceptance of such work or materials, if it becomes
evident at any time prior to the final acceptance of the work
by the City. Neither shall it be construed as barring the City
at any subsequent time from the recovery of damages of such
a sum of money as may be needed to build anew all portions
of the work in which inferior work or improper materials
were used, wherever found.
Should it be considered necessary or advisable by the City at
any time before final acceptance of the entire work to make
examinations of work already completed, by removing or
tearing out all or portions of such work, the Contractor shall,
on request, promptly furnish all necessary facilities, labor,
and material for that purpose. If such work is found to be
defective in any material respect, due to the fault of the
Contractor or his subcontractors, he shall defi-ay all expenses
of such examination and of satisfactory reconstruction. Tf,
however, such work is found to meet the requirements of the
Contract, the cost of examination and restoration of the work
shall be considered an item of extra work to be paid for in
accordance with the provisions of Article 7.02 hereof.
ARTICLE 3.04 PROTECTION
During performance and until final acceptance, the
Contractor shall be under an absolute obligation to protect
the finished and unfinished work against any damage, loss, or
injury. The Contractor shall take proper precaution to protect
the finished work from loss or damage, pending completion
and the final acceptance of all the work included in the entire
Contract, provided that such precaution shall not relieve the
Contractor from any and all liability and responsibility for
loss or damage to the work occurring before final acceptance
by the City. Such loss or damage shall be at the risk of and
borne by the Contractor, whether arising from acts or
omissions of the Contractor or others. In the event of any
such loss or damage, the Contractor shall forthwith repair,
replace, and make good the work without extension of time
therefor, except as may be otherwise provided herein.
The provisions of this Article shall not be deemed to create
any new right of action in favor of third parties against the
Contractor or the City.
ARTICLE 3.05 PRESERVATION OF PROPERTY
The Contractor shall preserve from damage all property along
the line of the work, or which is in the vicinity of or is in
anywise affected by the work, the removal or destruction of
which is not called for by the Plans. This applies, but is not
limited, to the public utilities, trees, lawn areas, building
advance of the date upon which the information or approval
is actually required by the Contractor to allow for the time the
Engineer may take to act upon such submissions or
resubmissions. The Contractor shall not have any right to an
extension of time on account of delays due to his failwe to
submit his requests for the required information or the
required approval in accordance with these requirements.
ARTICLE 4.04 COORDINATION WITH OTHER
CONTRACTORS
During progress of the work, other Contractors may be
engaged in performing other work on this project or on other
projects on the site. In that event, the Contractor shall
coordinate the work to be done hereunder with the work of
such other Contractors in such manner as the Engineer may
direct.
ARTICLE 4.05 EXTENSION OF TIME
If such an application is made, the Contractor shall be entitled
to an extension of time for delay in completion of the work
should the Contractor be obstructed or delayed in the
commencement, prosecution or completion of any part of
said work by any act or delay of the City, or by acts or
omissions of other Contractors on this project, or by a riot,
insurrection, waz, pestilence, acts of public authorities, fire,
lightning, hurricanes, earthquakes, tornadoes, floods,
extremely abnormal and excessive inclement weather as
indicated by the records of the local weather bureau for a
five-year period preceding the date of the Contract, or by
strikes, or other causes, which causes of delay mentioned in
this Article, in the opinion of the City, are entirely beyond the
expectation and control of the Contractor.
The Contractor shall, however, be entitled to an extension of
rime for such causes only for the number of days of delay
which the City may determine to be due solely to such causes
and only to the extent that such occurrences actually delay the
completion of the project and then only if the Contractor shall
have strictly complied with all of the requirements of Articles
4.01, 4.02, 4.03 and 4.04 hereof. It is hereby understood that
the determination by the Engineer as to the order and
sequence of the work shall not in itself constitute a basis for
extension of time.
The determination made by the City on an application for an
extension of time shall be binding and conclusive on the
Contractor.
Delays caused by failure of the Contractor's materialmen,
manufactwers, and dealers to furnish approved working
drawings, materials, fixtures, equipment, appliances, or other
fittings on time or failure of subcontractors to perform their
work shall not constitute a basis of extension of time.
The Contractor agrees to make no claim for damages for
delay in the performance of this Contract occasioned by any
act or omission to act of the City or any of its representatives
or because of any injunction which may be brought against
the City or its representatives and agrees that any such claim
shall be fully compensated for by an extension of time to
complete .performance of the work as provided herein.
ARTICLE 4.06 LIQUIDATED DAMAGES
It is mutually agreed between the parties that time is the
essence of this Contract and that there will be on the part of
the City considerable monetary damage in the event the
Contractor should fail to complete the work within the time
fixed for completion in the Contract or within the time to
which such completion may have been extended.
The amount per day set forth in the Instructions to Bidders is
hereby agreed upon as the liquidated damages for each and
every calendar day that the time consumed in completing the
work under this Contract exceeds the time allowed.
This amount shall, in no event, be considered as a penalty or
otherwise than as the liquidated and adjusted damages to the
City because of the delay and the Contractor and his Surety
agree that the stated sum per day for each such day of delay
shall be deducted and retained out of the monies which may
become due hereunder and if not so deductible, the
Contractor and his Surety shall be liable therefor.
ARTICLE 4.07 FINAL INSPECTION
When the work has been completed in accordance with the
requurements of the Contract and final cleaning up performed,
a date for final inspection of the work by the Engineer shall
be set by the Contractor in a written request therefor, which
date shall be not less than ten (l 0) days after the date of such
request. The work will be deemed complete as of the date so
set by the Contractor if, upon such inspection, the Engineer
determines that no further work remains to be done at the site.
If such inspection reveals interms of work still to be
performed, however, the Contractor shall promptly perform
them and then request a reinspection. If, upon such
inspection, the Engineer determines that the work is
complete, the date of final completion shall be deemed to be
the last day of such reinspection.
SECTION 5
SUBCONTRACTS AND ASSIGNMENTS
ARTICLE S.OI LIMITATIONS AND CONSENT
The Contractor shall not assign, transfer, convey, sublet or
otherwise dispose of this Contract or of his right, title, or
interest therein, or his power to execute such Contract, or to
assign any monies due or to become due thereunder to any
other person, firm or corporation unless the previous written
consent of the City shall first be obtained thereto and the
giving of any such consent to a particular subcontract or
ass bonment shall not dispense with the necessity of such
consent to any further or other assignment.
Before making any subcontract, the Contractor must submit a
written statement to the Engineer, giving the name and
address of the proposed contractor, the portion of the work
and materials which he is to perform and furnish and any
other information tending to prove that the proposed
subcontractor has the necessary facilities, skill, integrity, past
experience and financial resources to perform the work in
accordance with the terms and conditions of this Contract.
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~~~
Construction conditions may require that minor changes be
made in the location and installation of the work and
equipment to be furnished and other work to be performed
hereunder, and the Contractor when ordered by the Engineer,
shall make such adjustments and changes in said locations
and work as may be necessary, without additional cost to the
City, provided such adjustments and changes do not alter the
character, quantity of cost of the work as a whole, and
provided further that Plans and Specifications showing such
adjustments and changes are famished to the Contractor by
the City within a reasonable time before any work involving
such adjustment and changes is begun. The Engineer shall be
the sole judge of what constitutes a minor change for which
no additional compensation shall be allowed.
ARTICLE 7.02 EXTRA WORK
The City may at any time by a written order and without
notice to the sureties require the performance of such extra
work as it may find necessary or desirable. An order for
extra work shall be valid only if issued in writing and signed
by the Mayor and the work so ordered must be performed by
the Contractor.
The amount of compensation to be paid to the Contractor for
any extra work as so ordered shall be determined as follows:
(a)By such applicable unit prices, if any, as are set forth
in the Proposal; or
(b)If no such unit prices are set forth then by a lump
sum or other unit prices mutually agreed upon by the City and
the Contractor; or
(c)If no such unit prices are set forth in the Proposal and
if the parties cannot agree upon a lump sum or other unit
prices then by the actual. net cost in money to the Contractor
of the extra work performed, which cost shall be determined
as follows:
(1) For all labor and foreman in direct charge of
the authorized operations, the Contractor shall receive
the current local rate of wages to be agreed upon, in
writing, before starting such work for each hour that
said labor and foremen are actually engaged thereon, to
which shall be added an amount equal to 25 percent of
the sum thereof which shall be considered and accepted
as full compensation for general supervision, FICA
taxes, contributions under the Florida Unemployment
Compensation Act, insurance, bond, subcontractor's
profit and overhead, the furnishing of small tools and
miscellaneous equipment used, such as picks, shovels,
hand pumps, and similar items.
(2) For all materials used, the Contractor shall
receive the actual cost of such materials delivered at the
site or previously approved delivery point as established
by original receipted bills. No percentage shall be
added to this cost.
(3) For special equipment and machinery such as
power-driven pumps, concrete mixers, trucks, and
tractors, or other equipment, required for the
economical performance of the authorized work, the
Contractor shall receive payment based on the average
local area rental price for each item of equipment and
the actual time of its use on the work. No percentage
shall be added to this sum.
(4) Records of extra work done under this
procedure shall be reviewed at the end of each day by
the Contractor or his representative and the Engineer.
Duplicate copies of accepted records shall be made and
signed by both Contractor or his representative and the
Engineer, and one copy retained by each.'
Request for payment for approved and duly authorized extra
work shall be submitted in the same form as Contract work or
in the case of work performed under paragraph (c) (1) above
upon a certified statement supported by receipted bills. Such
statement shall be submitted for the cun•ent Contract payment
for the month in which the work was done.
ARTICLE 7.03 DISPUTED WORK
If the Contractor is of the opinion that any work requved,
necessitated, or ordered violates the terms and provisions of
this Contract, he must promptly notify the Engineer, in
writing, of his contentions with respect thereto and request a
final determination thereof. If the Engineer determines that
the work in question is Contract work and not extra work or
that the order complained of is proper, he will direct the
Contractor to proceed and the Contractor shall promptly
comply. In order, however, to reserve his right to claim
compensation for such work or damages resulting from such
compliance, the Contractor must, within five (5) days after
receiving notice of the Engineer's determination and
dvection, notify the City in writing that the work is being
performed or that the determination and direction is being
complied with under protest. Failure of the Contractor to
notify shall be deemed as a waiver of claim for extra
compensation or damages therefor.
Before final acceptance by the City, all matters of dispute
must be adjusted to the mutual satisfaction of the parties
thereto. Final determinations and decisions, in case any
questions shall arise, shall constitute a condition precedent to
the right of the Contractor to receive the money therefor until
the matter in question has been adjusted.
ARTICLE 7.04 OMITTED WORK
The City may at any time. by a written order and without
notice to the sureties require the omission of such Contract
work as it may find necessary or desirable.
An order for omission of work shall be valid only if signed by
the Mayor and the work so ordered must be omitted by the
Contractor. The amount by which the Contract price shall be
reduced shall be determined as follows:
(a) By such applicable unit prices, if any, as are set forth
in the Contract; or
(b) By the appropriate lump sum price set forth in the
Contract; or
(c) By the fair and reasonable estimated cost to the City
of such omitted work as determined by the Engineer and
approved by the City.
SECTION 8
CONTRACTOR'S EMPLOYEES
ARTICLE 8.01 CHARACTER AND COMPETENCY
The Contractor and his subcontractors shall employ upon all
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pay the amount of such deficiency to the City.
ARTICLE 9.04 PARTIAL DEFAULT
In case the City shall declare the Contractor in default as to a
part of the work only, the Contractor shall discontinue such
part, shall continue performing the remainder of the work in
strict conformity with the terms of the Contract, and shall in
no way hinder or interfere with any other contractor or person
whom the City may engage to complete the work as to which
the Contractor was declared in default.
SECTION 10
PAYMENTS
ARTICLE 10.01 PRICES
For the Contractor's complete performance of the work, the
City will pay and the Contractor agrees to accept, subject to
the terms and conditions hereof, the lump sum prices or unit
prices in the Contractor's Proposal and the award made
therein, plus the amount required to be paid for any extra
work ordered under Article 7.02 hereof, less credit for any
work omitted pursuant to Article 7.04 hereof. Under unit
price items, the number of units actually required to complete
the work under the Contract may be more than stated in the
Proposal. The Contractor agrees that no claim will be made
for any damages or for loss of profits because of a difference
between the quantities of the various classes of work assumed
and stated in the Proposal Form as a basis for comparing
Proposals and the quantities of work actually performed.
The sum as awarded for any lump sum Contract or lump sum
Contract Item shall represent payment in fWl for all of the
various classes of work, including materials, equipment, and
labor necessary or required to complete, in conformity with
the Contract Document, the entire work shown, indicated or
specified under the lump sum Contract or lump sum Contract
Item.
The amount as awarded as a unit price for any unit price
Contact Item shall represent payment in full for all the
materials, equipment, and labor necessary to complete, in
conformity with the Contract Documents, each unit of work
shown, specified, or required under the said unit price
Contract Item.
No payment other than the amount as awarded will be made
for any class of work included in a lump sum Contract Item
or a unit price Contract Item, unless specific provision is
made therefor in the Contract Documents.
ARTICLE 10.02 SUBMISSION OF BID BREAKDOWN
Within fifteen (1S) days after the execution of this Contract,
the Contractor must submit to the Engineer in duplicate an
acceptable breakdown of the lump sums and unit prices bid
for items of the Contract, showing the various operations to
be performed under the Contract, as described in the progress
schedule required under Article 4.02 hereof, and the value of
each of such operations, the total of such items to equal the
total price bid. The Contractor shall also submit such other
information relating to the bid prices as may be required and
shall revise the bid breakdown as directed. Thereafter, the
breakdown may be used for checking the Contractor's
applications for partial payments hereunder but shall not be
binding upon the City or the Engineer for any purpose
whatsoever.
ARTICLE 10.03 REPORTS, RECORDS AND DATA
The Contractor shall furnish to the Engineer such schedules
of quantities and costs, progress schedules, reports, invoices,
delivery tickets, estimates, records, and other data as the
Engineer may request concerning work performed or to be
performed and the materials famished under the Contract.
ARTICLE 10.04 PAYMENTS BY CONTRACTOR
The Contractor shall pay (a) for all transportation and utility
services not later than the 20th day of the calendar month
following that in which such services are rendered, (b) for all
materials, tools, and equipment delivered at the site of the
project, and the balance of the cost thereof not later than the
30th day following the completion of that part of the work in
or on which such materials, tools, and equipment are
incorporated or used, and (c) to each of his subcontractors,
not later than the 5th day following each payment to the
Contractor, the respective amounts allowed the Contractor on
account of the work performed by his subcontractors, to the
extent of each subcontractor's interest therein; and proof of
such payments or releases therefor shall be submitted to the
Engineer upon request.
ARTICLE 10.05 PARTIAL PAYMENTS
C7- or about the first of each month, the Contractor shall
make and certify an estimate, on forms prescnbed by the
City, of the amount and fair value of the work done; and may
apply for partial payment therefor. The Contractor. shall
revise the estimate as the Engineer may direct. When
satisfactory progress has been made, and shows that the value
of the work completed since the last payment exceeds one
percent (1%) of the total Contract price in amount, the
Engineer will issue a certificate that such work has been
completed and the value thereof. The City will then issue a
voucher to the Contractor in accordance with the following
schedule:
FOR CONTRACT AMOUNTS UNDER 5250,000
(A)In the amount of ninety percent (90%) of the value
of the work completed as certified until construction is one
hundred percent (100%) complete (operational or beneficial
occupancy), the withheld amount may be reduced below ten
percent (10%), at the Engineer's option, to only that amount
necessary to assure completion.
FOR CONTRACT AMOUNTS OVER 5250,000
(A)In the amount of ninety percent (90%) of the value
of the work completed as certified until construction is fifty
percent (50%) complete.
(B)When the dollar value, as determined by the
Engineer, of satisfactorily completed work in place is greater
than fifty percent (50%) of the original contract price,
vouchers for partial payment will be issued by the City to the
Contractor in the amount of one hundred percent (100%) of
the value of the work, above 50%, completed as certified for
that payment period.
(C)If the Contractor has performed satisfactorily and the
A-10
i ~~
and all claims for infringement by reason of the use of any
such patented design, device, tool, material, equipment, or
process, to be performed under the Contract, and shall
indemnify the said City, its officers, agents, and employees
for any costs, expenses, and damages which may be incurred
by reason of such infringement at any time during the
prosecution or after completion of the work.
ARTICLE 11.03 SUITS AT LAW
In case any action at law or suit in equity may or shall be
brought against the City or any of its officers, agents, or
employees for or on account of the failure, omission, or
neglect of the Contractor or his subcontractors, employees, or
agents, to do or perform any of the covenants, acts, matters,
or things by this Contract undertaken to be done or performed
by the Contractor of his subcontractors, employees, or agents,
or from any injuries done to property or persons and caused
by the negligence or alleged negligence of the Contractor of
his subcontractors, employees, or agents, or in any other
manner arising out of the performance of this Contract, then
the Contractor shall immediately assume and take charge of
the defense of such actions or suits in like manner and to al]
intents and purposes as if said actions or suits have been
brought dvectly against the Contractor, and the Contractor
shall also indemnity and save harmless the City, its officers,
agents, and employees from any and all loss, cost or damage
whatever arising out of such actions or suits, in like manner
and to all intents and purposes as if said actions or suits have
been brought directly against the Contractor.
The Contractor shall and does hereby assume al] liability for
and agrees to indemnify the City or its Engineer against any
or all loss, costs, damages, and liability for any or by reason
of any lien, claims or demands, either for materials purchased
or for work performed by laborers, mechanics, and others and
from any damages, costs, actions, or causes of action and
judgement arising from injuries sustained by mechanics,
laborers, or other persons by reason of accidents or
otherwise, whether caused by the carelessness or inefficiency
or neglect of said Contractor, his subcontractors, agents,
employees, workmen or otherwise.
ARTICLE 11.04 CLAIMS FOR DAMAGES
If the Contractor shall claim compensation for any damage
sustained, other than for extra or disputed work covered by
Article 7.02 and 7.03 hereof, by reason of any act or omission
of the City, its agents, or any persons, he shall, within five
days after sustaining such damage, make and deliver to the
Engineer a written statement of the nature of the damage
sustained and of the basis of the claim against the City. On or
before the 15th of the month succeeding that in which any
damage shall have been sustained, the Contractor shall make
and deliver to the Engineer an itemized statement of the
details and amounts of such damage, duly verified by the
Contractor. Unless such statements shall be made delivered
within the times aforesaid, it is stipulated that and all claims
for such compensation shall be forfeited and invalidated, and
the Contractor shall not be entitled to payment on account of
such claims.
ARTICLE 11.05 NO CLAIMS AGAINST
INDIVIDUALS
~l~
No claim whatsoever shall be made by the Contractor against
any officer, agent, employee of the City for; or on account of,
anything done or omitted to be done in connection with this
Contract.
ARTICLE 11.06 LIABILITY UNAFFECTED
Nothing herein contained shall in any manner create any
liability against the City on behalf of any claim for labor,
services, or materials, or of subcontractors, and nothing
herein contained shall affect the liability of the Contractor or
his sureties to the City or to any workmen or materialsmen
upon bond given in connection with this Contract.
ARTICLE 11.07 INDEMNIFICATION PROVISIONS
Whenever there appears in this Agreement, or in the other
Contact Documents made a part hereof, an indemnification
provision within the purview of Chapter 725.06, Laws of
Florida, the monetary limitation on the extent of the
indemnification under each such provision shall be One
Million Dollars or a sum equal to the total Contract price,
whichever shall be the greater.
ARTICLE 11.08 UNLAWFUL PROVISIONS DEEMED
STRICKEN
If this contract contains any unlawful provisions not an
essential part of the Contract and which shall not appear to
have a controlling or material inducement to the making
thereof, such provisions shall be deemed of no effect and
shall, upon notice by either party, be deemed stricken from
the Contract without affecting the binding force of the
remainder.
ARTTCLE 11.09 LEGAL PROVLSIONS DEEMED
INCLUDED
Each and every provision of any law and clause required by
law to be inserted in this Contract shall be deemed to be
inserted herein, and the Contract shall be read and enforced
as though it were included herein and if, through mistake or
otherwise, any such provision is not inserted or is not
correctly inserted, then upon application of either party the
Contract shall forthwith be physically amended to make such
insertion.
ARTICLE 11.10 DEATH OR INCOMPETENCY OF
CONTRACTOR
In the event of death or legal incompetency of a Contractor
who shall be an individual or surviving member of a
contracting firm, such death or adjudication of incompetency
shall not terminate the Contract, but shall act as default
hereunder to the effect provided in Article 9.01 hereof and
the estate of the Contractor and his surety shall remain liable
hereunder to the same extent as though the Contractor had
lived. Notice of default, as provided in Article 9.01 hereof,
shall not be required to be given in the event of such death or
adjudication of incompetency.
ARTICLE 11.11 NUMBER AND GENDER OF
WORDS
Whenever the context so admits or requires, all references
herein in one number shall be deemed extended to and
including the other number, whether singular or plural, and
the use of any gender shall be applicable to all genders.
A-l2
TAMPA
AGREEMENT
IN WITNESS THEREOF, the parties have hereunto set their hands and seals, and such of them as are
corporation have caused these present to be signed by their duly authorized officers.
CITY OF TAMPA, FLORIDA
~~~_ ~
Pam Iorio, Mayor (SEAL)
ATTEST:
C CLE
Approved as to Legal Sufficiency:
y
Jus ~ R. Vaske, Assistant City Attorney
Lanzo Lining Services, Inc.
By:
Gui 'Alessandro (SEAL)
President
ATTEST:
~~
Fred Tingberg, Jr., Corporate
A-14
i!~
• ~ ACKNOWLEDGMENT OF PRINCIPAL
STATE OF )
} SS:
COUNTY OF )
(If a Corporation;)
On This ~~ day of jc~.hua~-y , 20 0 "1 ,before me, personally ca e and appeared Guiseppe
D'Alessandro and Fred Tingberg, Jr., to me known, or w o produced, as identification
. They, after being duly sworn, did depose and say that they are
respectively the President and Secretary of the Corporation named in the foregoing instrument; that they know
the seal of that corporation; that of the seals affixed to the instrument is such seal; that it was so affixed by
order of the Directors of the co r ion, and that they signed their names ereto by like order.
Notary Public, -State of ."dOTARY PUBLIC-STATE OF FLORIDA
~ a a,
(SEAL) My Commission expires: Commissi0n ~ Dl?~i8561
Fxpir~sc N~V, 0~, 20~~3
Bonded 7'hru 14~langc Banding Gu,, Ins,
(If a Firm;)`
On this da
that he is a member of
20 ,before me, a notary public, personally appeared
to me personally known, who, being by me duly sworn, did say
to be the free act and deed of such
Notary Public, State of
the firm named in the foregoing instrument
(SEAL) My Commission expires:
(If an Individual;)
On this day of
20 ,before me, a notary public, personally appeared
to me personally know, who, being be me duly sworn, did say that he
is the individual named in the foregoi instrument, that that instrument was signed by him; and he
acknowledge the instrument to be the free act d deed to himself.
Notary Public, State of
(SEAL) My Commission expires:
1l8
A-15
Payment Bond and Performance Bond
(Public Work)
FRONT PAGE STATUTORY DECLARATIONS
Tn compliance with F.S. Chapter Z55.05(t)(a) and F.S. 255.05(5).
THE BOND IS HEREBY AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF
SECTION 255.05 OR SECTION 913.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE
INCORPORATED HEREIN BY REFERENCE.
Bond No. 6452952
Principal' Lanzo Lining Services, Inc.
Address and Phone 125 S E 5th Court
Deerfield Beach, FL 33441
954-979-0802
Surety Company: Safeco Insurance Company of America
Address and Phone
2800 W. Higgins Road, Suite 1100
Hoffman Estates, IL 60169
847-490-2251
Owner:
Address and Phone City of Tampa
306 East Jackson Street 6E
Tampa, FL 33602
813-274-8456
Obligee (if contracting entity is different from the owner, the contracting :public entity):
Address and Phone
Bond Amount: $685,880.00
Description of Work• .Contract 7-C-2 Citywide Storm~vater Rehabilitation by Cured in Place Pipe CIPP FY07
Project Location: Tampa, FL
Surety Agent: Guy Hurley Blaser & Heuer, LLC
AddresaandPhone 1080 Kitts Blvd., Suite 500
Troy, MI 48084
248-519-1400
Page One
All other Payment Bond and Performance Bond page(s) are deemed subsequent to this ~ ~`~
page regardless of any page number(s) that may be pre printed thereon.
Bond No. 6452952
TAMPA
PERFORMANCE BOND
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS That we, Lanzo Lining Services, Inc. as Principal, hereinafter
called CONTRACTOR, and Safeco Insurance Company of America as Surety,
hereinafter called SURETY, the address and phone number of which are
2800 W. Higgins Road, Suite 1100, Hoffman Estates,lL 60195
847-490-2251
are held and firmly bound unto the City of Tampa, Florida, as Obligee, hereinafter called CITY, in the amount
of Six Hundred Eighty-five Thousand Eight Hundred Eighty Dollazs and No Cents (685,880.00) for the
payment whereof CONTRACTOR AND SURETY bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
The above SURETY states that it has read all of the contract made by the CONTRACTOR with the CITY,
hereto attached, and has carefully examined all of the plans and specifications therefor, and the terms and
conditions of the contract and work, and is familiar therewith and in particular Article 6.04 of the Agreement
concerning the guaranty of such CONTRACTOR for a period of one year following the date of the final
acceptance of the completed work under the Contract by the CITY, all of which this BOND includes.
WHEREAS, CONTRACTOR has entered into a written Contract or Agreement with CITY, bearing the
date of `~-a°~,ru,ci~ ~, A.D. 20 O~ , for the Citywide Stormwater Rehabilitation by Cured-in-
P1acePipe (C.LP.P.) FY07; and
WHEREAS, it is one of the conditions of the award by the City pursuant to which said Contract was
entered into that these presents should be executed.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the
CONTRACTOR shall in alt respects promptly and faithfully perform and comply with the terms and conditions
of said Contract and its obligations thereunder and shall indemnify the CITY and save it harmless against and
from all costs, expenses and damages arising from the performance of said Contract or the repair of any work
thereunder, then this obligation shall be void; otherwise, the BOND shall remain in full force and effect, in
accordance with the following terms and conditions.
1. The CONTRACTOR and SURETY jointly and severally agree to pay the CITY any difference
between the sum to which the said CONTRACTOR shall be entitled on the completion of said work
by Contract or otherwise, and any damages, direct or indirect or consequential, which the said CITY
may sustain on account of such work, or on account of the failure of said CONTRACTOR to
properly and in all things keep and execute all of the provisions of said Contract.
2. And the BOND shall remain in full force and effect for a period of one (1) year from the date of
final acceptance of the Project by the CITY and shall provide that the CONTRACTOR guarantees
to repair or replace for said period of one (I) year all work performed or famished according to the
terms of the Contract, and shall make good defects thereof which have become apparent before the
expiration of said period of one (1) year. If during the period this BOND is in full force and effect,
the CONTRACTOR, for any reason as set forth in the Contract, is declared to be in defau}t of said
Contract, the CITY, among options, may call upon the SURETY to complete the Project in
accordance with the terms and provisions of the Contract, including all plans and specifications, and
the SURETY is bound to come in as completing SURETY.
PE-1
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If any part of the Project, in the judgment of the CTTY, for the reasons above stated needs to be
replaced, repaired or made good during the time set forth in Paragraph 2, the CITY shall so notify
the CONTRACTOR in writing. If the CONTRACTOR refuses or neglects to do such work within
five (5) days from the date of service of such Notice, the CITY shall have the work done by others,
and the cost thereof shall be paid by the CONTRACTOR or its SURETY.
4. And the said SURETY, for value received, as hereby acknowledged, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Contract or to the work
to be performed thereunder or the specifications accompanying the same shalt in any wise affect its
obligations on the BOND; and it does hereby waive Notice of any change, extension of time;
alteration or addition to the terms of the Contract or to the work or to the Specifications. If Extra
Work is necessary to complete the project for which the BOND is offered, the monetary
consideration for this Extra Work will be added to the penal surn of this BOND is offered, the
monetary consideration for this Extra Work will be added to the penal sum of this BOND, provide
Notice is given to the SURETY.
And the SURETY, for value received, as hereby acknowledged, further stipulates and agrees that it
will pay the CITY all losses, damages, expenses, costs, and attorneys' fees, including appellate
proceedings, that the CITY sustains because of a default by Principal under the Contract.
6. The SURETY represents and warrants to the CITY that it has a Best's Key Rating Guide General
Policyholder's Rating of "B+" (or better) and Financial Category of "Class IV" (or higher).
7. It is understood and agreed that the obligation of the CONTRACTOR under this BOND continues
from day to day until paid, and a new cause of action arises thereon daily with the result that the
statue of limitations of the State of Florida does not run against the entire claim. The obligation of
the SURETY under this BOND, therefore, continues in the manner, and no action, suit or
proceeding against the CONTRACTOR or the SURETY hereunder shall be barred, except under
such conditions as would bar it under the said statute limitations.
8. The fact that the CITY shall extend the time within which the CONTRACTOR may perform the
conditions of this BOND shall not release the SURETY hereon, whether such extension is made
after notice to it or not; and such SURETY hereby consents that the CITY may so extend the time of
the CONTRACTOR without notice to it.
9. In the event the Contractor shall default in the performance of any of the terms, covenants and
conditions of the Contract herein mentioned, the CITY immediately upon the occurrence of any
such default shall give notice to the SURETY in writing by certified mail, return receipt requested,
addressed to such SURETY at its place of business herein set forth.
10. In the event that the CONTRACTOR under the Contract herein mentioned defaults on his
obligations herein set forth and fails to perform the said Contract, the SURETY shall have full right
and authority to complete such Contract on behalf of the CONTRACTOR and for that purpose may
perform any act and shall have all of the rights of the CONTRACTOR under the said Contract and
shall have the remaining Contract completion time, for the completion of such performance, unless
such time is extended by the City.
11. In the event of failure to perform the conditions of this obligations, the CITY may bring action, suit
or proceeding or otherwise take steps to enforce the obligation of the SURETY and without joining
the CONTRACTOR or any other SURETY in any such action, suit or proceeding. Thereafter,
whether judgment is obtained against the SURETY or not, successive actions can be brought against
the CONTRACTOR and any other SURETY; and this BOND shall remain a continuing obligation
on the part of each of such persons until the condition of this BOND have been fully performed,
including the resolution of third party lawsuits.
PE-2
Uzi;
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this
aNV day of ~-~t-uc~u.~ 20 0~, A.D., the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
(SEAL)
Countersigned:
,.'° F -`/~/'~~ !~ (SEAL)
censed ~ roduc~ ent Paul M. Hurley
Lanzo Lining Services, Inc.
BY:
Guiseppe sandro, President
SAFECO INSURANCE COMPANY OF AMERI~$E~,)
(Surety)
BY: ~ Y Yd"~~A ~ ~ ~A- ~
(Typed Name & Title) Michelle K. Buechel,
Attomey-in-fact
1080 Kirts Blvd., Suite 500, Troy, MI 48084
Licensed pS~Croducing Agent's Address
Guy Hurley Blaser & Heuer, LLC
Name of ~ Agency
Accepted: ~~-t'CLa-3~-1~ o~ A.D., 20 U7
CITY OF TAMPA
,~ '~.
BY: ~~ ~ ,Mayor
Pam Iorio
Approved as to Lega] Sufficiency:
~%t.,y ' `'~ As
sistant City Attomey
Justin R. Vaske
PE-3
1 ~.~.
STATE OF )
SS:
COUN'T'Y OF )
(If a Corporation;)
On this day of ~t~1'~~~1 20 y~, before me, a notary public, personally appeared
Guiseppe D'Alessandro, to me personally known, or who produced, as i en ca n
. He, after being duly sworn, did depose and say that he is the President of
the Corporation named in foregoing instrument, that the instrument was signed in behalf of such corporation;
and he acknowledges that ins ment to be the free act and deed of such corporation.
Notary Public, State of
(SEAL) My Commission expires• De~OT'arl Val1ri
Commission # DD488561
Expires: NOV. 07', 2009
Bonded Thru .Arlanr;rA~.n~l~s~;='~~~.
.~
(If a Firm;)
On this day of
that he is a member of `
was signed in behalf of such firm;
20 ,before me, a notary public, personally appeared
to me personally known, who, being by me duly sworn, did say
the firm named in the foregoing instrument
he acknowledges the instrument to be the free act and deed of such firm.
Notary Public, State of
(SEAL} My Commission expires:
(If an Individual;)
On this day of
20 ,before me, a notary public, personally appeared
to me personally known, who, being be me du]y sword, did say that
he is the individual named in the for oing instrument, that that instrument was signed by him; and he
acknowledge the instrument to be the free a and deed to himself.
Notary Public, State of
(SEAL} My Commission expires:
PE-4
I~~
(ACKNOWLEDGMENT OF Surety;)
STATE OF Michigan )
SS:
COUNTY OF Macomb )
On this 20th day of December 2p 06 ,before me personally came Michelle K. Buechel
to me personally lrnown, or who produced as identification
personally known He, after being duly sworn, did depose and say that he/she resides in
Michigan Xl~; that he/she is the Attorney-in-Fact of the corporation described in and which executed the above
instrument; that he/she lmows the seal of such corporation that the seal affixed to the instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of such corporation; and that he signed
his name thereof.
1
t
Notary Public, State of Michigan
(SEAL) My Commission expires:
ANNE BARICK
Notary Public, Mt~nb County ~~Irht
'"'y wmmission Expires July 31, 20i2~
f PE-5
I ~~
Bond No. 6452952 TAMPA
PAYMENT BOND
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That we, Lanzo Lining Services, Inc. as Principal, hereinafter
called CONTRACTOR, and 5afeco Insurance Company of America , as Surety,
hereinafter called SURETY, the address and phone number of which are
2800 W. Higgins Road, Suite 1100, Hoffman Estates, IL 60169
847-490-2251
are held and firmly bound unto the City of Tampa, Florida, as Obligee, hereinafter called CITY, in the amount
of Six Hundred Eighty-five Thousand Eight Hundred Eighty Dollars and No Cents ($685,880.00) for the
payment whereof CONTRACTOR AND SURETY bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, CONTRACTOR has entered into a written Contract or Agreement with CITY (hereinafter
called Contract), bearing the date of ~-e~rut[uU~ oZ A.D. 20 O"1 ,for the Citywide Stormwater
Rehabilitation by Cured-in-Place Pipe (C.I.P.P.) FY07, and
WHEREAS, it is one of the conditions of the award by the CITY pursuant to which said Contract was
entered into that these present should be executed.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the
CONTRACTOR shall promptly make payments to all claimants, as hereinbelow defined, then this obligation
shall be void; otherwise, the BOND shall remain in full force and effect, subject to the following terms and
conditions:
A claimant is defined as any person supplying the CONTRACTOR with labor, material, and
supplies, used directly or indirectly by the said CONTRACTOR or any subcontractor in the
prosecution of the work provided for in said Contract, and is further defined in Section 255.05 (1) of
the Florida Statutes.
2. The above named CONTRACTOR and Surety hereby jointly and severally agree with the CITY
that every claimant as herein defined, who has not been paid in full before the expiration of a period
of ninety (90) days after performance of the labor or after complete delivery or materials and
supplies by such claimant, may sue on this BOND for the use of such claimant, prosecute the suit to
final judgment for such sum or sums as may be justly due claimant, and have execution thereon.
The CITY shall not be liable for the payment of any costs or expense of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a. Unless claimant, other than one having a direct contract with the CONTRACTOR, shall within
forty-five (45) days after beginning furnish labor, material or supplies for the prosecution of the
WORK, furnish the CONTRACTOR with a notice that he intends to look to this BOND for
protection.
b. Unless claimant, other than one having a direct contract with the CONTRACTOR, shall within
ninety (90) days after such claimant's performance of the labor of complete delivery of
materials and supplies, deliver to the CONTRACTOR written notice of the performance of such
labor or delivery of such material and supplies and the non-payment therefor.
c. After the expiration of one (1) year from the performance of the labor or completion of delivery
of the materials and supplies; it being understood, however, that if any limitation embodied in
this BOND is prohibited by any law controlling the construction hereof, such limitations shall
be deemed to be amended so as to be equal to the minimum period of limitation permitted by
such law.
PA-1 ~.
l~
4. The CONTRACTOR and the SURETY jointly and severally shall repay the CITY any sum which
the CITY may be compelled to pay because of any lien for labor or materials furnished for any work
included in or provided by said Contract.
The SURETY, for value received, as hereby acknowledged, hereby stipulates and agrees that no
change, extensions of time, alteration of or addition to the terms of the Contract or to the work to be
performed thereunder or the Specifications applicable thereto shall in any wise affect its obligations
on this BOND; and the SURETY hereby waives notice of any such change, extension of time,
alterations of or addition to the terms of the Contract, or to the work or to the Specifications. If
Extra Work is necessary to complete the project for which this BOND is offered, the monetary
consideration for this Extra Work will be added to the penal sum of this BOND, provided notice is
given to the SURETY.
6. And the SURETY, for value received, as hereby acknowledged, further stipulates and agrees that it
will pay the CITY all losses, damages; expenses, costs, and attorneys' fees, including appellate
proceedings, that the CITY sustains because of a default by the CONTRACTOR under the Contract.
7. The SURETY represents and warrants to the CITY that it has a Best's Key Rating Guide General
Policy holder's rating of "B+" (or better) and Financial Category of "Class TV" (or higher).
8. It is understood and agreed that the obligation of the CONTRACTOR under this BOND continues
from day to day until paid, and a new cause of action arises thereon daily with the result that the
statute of limitations of the State of Florida does not run against the entire claim. The obligation of
the SURETY under the BOND, therefore, continues in like .manner; and no action, suit or
proceeding against the CONTRACTOR or the SURETY hereunder shall be barred, except under
such conditions as would bar it.
9. The fact that the CITY shall extend the time within which the CONTRACTOR may perform the
conditions of this BOND shall not release the SURETY hereon, whether such extension is made
after notice to it or not; and such SURETY hereby consents that the CITY may so extend the time of
the CONTRACTOR without notice to it.
10. In the event that the CONTRACTOR shall default in the perfon~nance of any of the terms, covenants
and conditions of the Contract herein mentioned,.the CITY immediately upon the occurrence of any
such default shall give notice to the SURETY in writing by certified mail, return receipt requested,
and addressed to such SURETY at its place of business herein set forth.
1 ] . In the event that the CONTRACTOR under the Contract herein mentioned defaults on his
obligations herein set forth and fails to perform the said Contract, the SURETY shall have full right
and authority to complete such Contract on behalf of the CONTRACTOR and for that purpose may
perform any act and shall have all of the rights of the CONTRACTOR under the said Contract and
shall have the remaining Contract completion time, for the completion of such performance, unless
such time is extended by the CITY.
12. In the event of a failure to perform the conditions of this obligation, the CITY may bring action, suit
or proceeding or otherwise take steps to enforce the obligation of the SURETY and without joining
the CONTRACTOR or any other surety in any such action, suit or proceeding. Thereafter, whether
judgment is obtained against the SURETY or not, successive action can be brought against the
CONTRACTOR and any other surety; and this BOND shall remain a continuing obligation on the
part of each of such persons until the condition of this BOND has been fully performed, including
the resolution of their party lawsuits.
13. All other provisions hereunder notwithstanding, the scope of the payment provisions of this BOND
is ]invited by the provisions of Section 255.05,. Florida Statutes; and this BOND is not intended to
be a common-law payment bond.
r PA-2
! ~~
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this
t"~ day of ~'P~.t~'t~.cr.~-r.-t 20~, A.D., the same and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority
of its governing body.
(SEAL)
Lanzo Lining Services, Inc.
BY:
Guiseppe D' s ndro, President
SAFECO INSURANCE COMPANY OF AMERI(~SEAL)
(Surety)
BY: ~~~~~ ~.~A
(Typed Name & T1f~lefielle K. Buechel,
Attormey-in-fact
Countersigned:
~`'~ ~" L (SEAL)
Licensed riproducing nt Paul M.Hurley
1080 Kirts Blvd., Suite 500, Troy, MI 48084
Licensed ~~~tJ;'roducing Agent's Address
Guy Hurley Blaser & Heuer, LLC
Name of Agency
Accepted: l ~w--~~-Ll a A.D., 20 y~
CITY OF TAMPA
BY: ~~
,Mayor
Pam Iorio
Approved as to Legal Sufficiency:
~"' `" ,Assistant City Attorney
3ustin R. Vaske
~., i~~
TAMPA PAYMENT (ACKNOWLEDGMENT OF PRINCIPAL)
STATE OF )
SS:
COt1N'I'Y OF )
(If a Corporation;)
On this day of !J~~~~n- 20 ~jSo , before me, a notary public, personally appeared
Guiseppe D'Alessandro, to me personally lrnown, or who produced, as identification
. He, after being duly sworn, did depose and say that he is the President of
the Corporation named in the oreg 'ng instrument, that the instrument was signed in behalf of such corporation;
and he acknowledges that ins mere to be the free act and deed of such corporation.
Notary Public, State of z...,., -. ~,, _-: ~ ~~;,_~raTF. t)F rLORIDA
,.Tf- arl+1~
Deborah Valin
(SEAL) My Commission expires,' - Commission # DDg88561
• o~ 07 ~Q09
, ~.
3onded Thni A.dantic A9ndin$ •
(If a Firm;)
On this day of
that he is a member of
instrument was signed in behalf of
such firm.
20 ,before me, a notary public, personally appeared
to me personally known, who, being by me duly sworn, did say
the fu-m named in the foregoing
firm; and he acknowledges the instrument to be the free act and deed of
Notary Public, State of
(SEAL) My Commission expires:
(If an Individual;)
On this day of
he is the individual named in the foregoi
acknowledge the instrument to be the free act
20 ,before me, a notary public, personally appeared
me personally known, who, being be me duly sworn, did say that
n instrument, that that instrument was signed by him; and he
an eed to himself.
Notary Public, State of
(SEAL)
1 ~~
My Commission expires:
PA-4
(ACKNOWLEDGMENT OF Surety;)
STATE OF Michigan )
SS:
COUNTY OF Macomb )
On this 20th day of December 20 06 ,before me personally came Michelle K. Buechel
to me personally known, or who produced as identification
Personally Known He, after being duly sworn, did depose and say that he/she resides in
Michigan ~11#~that he/she is the Attorney-in-Fact of the corporation described in and which executed the above
instrument; that he/she knows the seal of such corporation that the seal affixed to the instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of such corporation; and that he signed
his name thereof.
l
Notary Public, State of Michigan
(SEAL) My Commission expires:
ANNE BARICK
Notary Pubtic, Macomb County, Mkh)gan
PA-S
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"' OF ATTORNEY
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each e
Washington corporation, does each hereby appoint
~*"**LINDA L. AUSTIN; ANNE M. BARICK; MICHELLE K. BUECHEL; T. R. GUY; ROBERT D. HEUER; PAUL M. HURLEY;
C. A. JOHNSON; MARGARET M: KOHLOFF; MICHAEL D. LECHNER; Troy, Michigan""~'*""""'"~'**""~"*~+'a'"~~-*+M*}*
Its true and lawful attomey(s}in•fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued In the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 8th December 2005
Sateco Insurance Companies
PO Box 34526
seams, WA 98124-ts26
No. 12639
day of
~ V
STEPHANIE DALEY-WATSON SECRETARY MIK pET RR nRRgIpFNT SIiRFN
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-In-fact or under other appropriate titles wfth authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the tympany in the course of its business... On any instrument making or evidencing
such appointrnent, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facslmile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V, Section 13 of the By-Laws, end
G~) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said powervof-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a Facsimile thereof.'
I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resdutlon of the Board of Directors
of These corporations, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution
and the Power of Attorney are still in full force and effect.
tN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation
this ~~ ~ u-~-t ~ day of v~U U 1
,~E CpA/p~y
~ cP rr ~' y~`~~ ~
SEAL C1~ORRE
5 EA L ~ ~W ~~l~G~~-.~rx.~-
a~ 1953 itei~ a
~Ar ~ ~'tM,~r'~~ STEPHANIE DALEY-WATSON, SECRETARY
5-09741D5 4/p5
Safeco®and the Safeco logo are repisterad trademarks of Saleco Corporelion.
WEB PDF
~3I
CITYOF
HOME OF PELICAN ISLAND
SEBASTIAN MUNICIPAL AIRPORT
202 AIRPORT DRIVE EAST ~ SEBASTIAN, FL 32958
PHONE 772-228-7001 ~ FAX 772-228-7078
' rlg iffin~a,cityofsebastian.org
MEMORANDUM
TO: Council, City Manager, City Attorney
RE: Mark Issot/West One Negotiations
DATE: June 27, 2007
BACKGROUND:
Mr. Mark Issot is one of the principal owners, and general manager, of
Attractions, Inc. of Gateway Airport in Kissimmee, FL. Attractions, .Inc. is a
well-established aviation services concern/FBO (fixed base operator) that employs
fifty (50) skilled individuals. They operate afirst-class FBO facility to include
hangers, fueling, maintenance, aircraft sales, flight training, and transient services.
With the concurrence, and endorsement by the City Of Sebastian, it is the intent of
Mr. Issot to open a `satellite' operation at the Sebastian Airport that would mirror
their operation/facility in Kissimmee. West One Development would be the lessee
with Mr. Issot the General Manager/Principal. Their principal base of operations
would be in the `vacant wing' of the airport administration building. There, they
would operate a small flight training .school supported by their operation in
Kissimmee. Mr. Issot wishes to operate a full service FBO on the east portion of
the airport using the administration building setting as an FBO terminal facility---
capitalizing on the building's design, style, panache, and geographic location.
Planned expansion would include a maintenance/sales/marketing hanger
approximately 10,000 sq.ft. in size. Appropriate FBO services would be offered
to include transportation, catering, fueling, maintenance, and transient services.
Mr. Issot has opined that a 3-5 acre parcel would be necessary to adequately
support their operation. Your airport director, and Mr. Issot have identified a
suitable parcel of airport property. that would facilitate their operation. Immediate
job increase would be approximately 15, with additional employees when their
hanger was constructed. The West One operation would buy/lease 2-3 houses in
Sebastian to house flight students. Obviously, employees and students would
spend money in Sebastian. The operation would lease the newly established self-
serve fuel facility adjacent to the airport admin building. Fuel system liability,
D7.t~~
training, maintenance, and administrative costs would be assumed by the West
One operation. Mr. Issot would also offer `full-service' fuel to airport tenants and
transients. Previously, this service has not been offered at Sebastian Municipal.
Positive cash flow for the `vacant wing' would be realized along with shared
expenses for utilities. Preliminary financials are enclosed. In addition, the
administrative building would be utilized for the purpose for which it was
designed-as an aviation `destination.' The rotunda/lobby would be utilized as a
`common' area with the intent of providing a `terminal like' aviation experience
for transients and the general public.
In the spirit of full disclosure, it must be noted that, although I have known Mr.
Issot since shortly after assuming my employment position with the city, this
proposal was/is unsolicited by the city, or me. For context purposes, you should
realize that Mr. Issot is no stranger to attempt negotiating with the city on airport
space. In fact, he was the `high bidder' in the RFP process for the admin building
`vacant wing' that was of such controversy last fall and winter. Although he was
the `high bidder' in that process, he was not awarded the `right' to negotiate with
the city on the `vacant wing.' Because of that non-award, he filed a "bid protest"
with the FDOT and State Attorney's office. He subsequently agreed to back-off
his legal position (substantial, in my view) during a presentation to Council. His
position was that it was still a goal of his company to do business with Sebastian
and therefore it was a relationship that he did not want to force down our
(Sebastian's) throat. Frankly, to me, that was a substantial indication of `good
faith.' After his presentation, he was encouraged by Council to continue to
negotiate with us. Over the past few months, I have had multiple
meetings/discussions with Mr. Issot relating to his initiative. Through those talks,
he has arrived at a position that significantly increases his square foot offer over
his RFP proposal from last fall. The following negotiating points are summarized
toward creating a mutual beneficial contact/lease agreement for council
consideration.
TERMS AND CONDITIONS:
1. Lease airport administration building `vacant' wing @ $12 sq.ft.
2. Net lease term: 10 years w/5 year option.
3. Prorated utilities: electric, Tl, Internet,etc.
4. Unfurnished w/exception of `executive' suite.
5. Janitorial service ~ prorated.
6. C.A.M. ~ included.
7. Rotunda/lobby ~ no charge.., shared space with city employees.
8. Receptionist service ~ included (first year only).
9. Admin Building `ramp' ~ shared.
10. Fuel operation: 30 year lease of city asset. Issot to pay per gallon fuel
flowage fee: FMV estimate @ $.25 per gal. ~ re-evaluated every year by
`fuel CPI' -
1 1. Jet A fuel commercial concession on airport property. West One would
install private fuel tank(s)/infrastructure and refueler truck(s).
12. Lease 2 - 5 acre parcel @ $.12 sq.ft. ~ 30 year term w/5 yr. option on
adjacent 3 acre parcel.
13. Airport Director dictates hours of operation for flight training.
14. Airport Director dictates airport flight patterns for flight training.
CONCLUSION:
I believe this proposal, and subsequent lease agreement, could represent a positive
addition to the airport, and the city. The establishment of a `quality' FBO
offering varied services would be considered a plus for the city in the pursuit of a
diverse business environment. In addition: job creation; land development; and
income to the airport further the overall attractiveness of the proposal. Mr. Issot
has demonstrated substantial patience and `good faith' in cultivating a business
relationship with the City Of Sebastian. I recommend that Council look favorably
on the proposed lease agreement.
,~`
Joe Griffin
Airport Director
Financial Analysis relating to West One Development, Inc. at the
Sebastian Municipal Airport
The West One Development (West One) proposal includes the lease of the
Admin. Building `engineering wing' and leaseback of the city's self-serve
fuel system. Their function would be to operate, what would become, a
full-service FBO, with the admin building utilized as its hub of operations
and terminal facility. Initially, their start-up operation would be a satellite
operation of their flight school/FBO at Kissimmee Gateway airport. Three
(3) to five (5) aircraft, perhaps two (2) helicopters, ten (10) students, and
five staff are anticipated immediately upon signing of the agreement.
The following financial considerations are offered.
Without West One: revenue stream would consist of fuel sales through self-
serve system:
100 gaUday =approx 36, 000 gal/yr @ $.50 margin (generous) _ $18,000
Insurance, maintenance: minus $.15/gal (5,400)
Net to City Of Sebastian $12,600
With West One:
Lease of engineering wing: $30,600
Leaseback of fuel system @ .25/gal
60,000 gaUyr from West One operation $15,000
36,000 gal/yr from commercial ops. $ 9,000
Janitorial service proration (approx) $ 2,400
Utility proration (approx) $ 500
Net to City Of Sebastian $57,500
Fuel Farm facility `match' from City Of Sebastian: $125,000
Payback to City Of Sebastian from fuel operations only:
Without West One: approx 10 years
With West One: approx 5 years
LEASE AGREEMENT
The City Of Sebastian
and
West One Development, Inc.
AIRPORT LEASE
THIS LEASE, made and entered into this _ day of July, 2007, by and between
the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State
of Florida, (hereinafter referred to as the "Landlord"), and West One Development, Inc.
(hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes
collectively referred to herein as the "parties". This document contains eighteen (18)
pages, and Schedule Pages "A" and "B."
WITNESSETH:
WHEREAS, the Landlord is the owner of certain property located in the County
of Indian River County, Florida; and
WHEREAS, the certain property is being used for the operation of the Sebastian
Miuucipal Airport (hereinafter referred to as the "Airport"); and
WHEREAS, the certain property is also available for use for those activities
consistent with or in support of aviation activity; and
WHEREAS, the Landlord has agreed to lease such property to the Tenant subject
to certain terms and conditions consistent with or in support of the current aviation use of
such property; and
WHEREAS, the Tenant desires to lease the said property from the Landlord, and
to that end and in consideration of the premises, and the covenants, terms and conditions
to be performed as set forth hereinafter; and
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
provided, the receipt and sufficiency of which are hereby acknowledged, the parties have
agreed as follows:
1. RECITALS. The stated recitals are hereby incorporated by reference in
this Lease Agreement.
2. LEASED PREMISES. Subject to the terms and conditions set forth
hereinafter, and in accordance with the Principal Guiding Documents for Sebastian
Municipal Airport, the Landlord leases hereby to the Tenant and the Tenant rents hereby
from the Landlord that portion of the real property of the Landlord which is described
more particularly on Schedule "A" affixed hereto and made a part hereof by reference
(hereafter referred to as the "leased premises"), along with improvements thereupon
including a "fuel farm." The aforementioned "fuel farm" description, conditions and
terms of the lease are described more particularly in Schedule "B" affixed hereto and
made a part hereof by reference (hereafter referred to as the "fuel farm"). In the event
that any portion of the Leased Premises is needed for actual improvements to the Airport,
any portion thereof rendered unusable to Tenant shall be released from this lease and the
rental payments adjusted accordingly.
3. TERM OF LEASE. The term of this Lease shall be for a period of ten
(10) years commencing October 1, 2007, and will end on the tenth (10~') anniversary of
such date. The Tenant shall have the option to extend the lease for a period of five (5)
years with agreement by the City Of Sebastian. Notice of intent to exercise said option
by Tenant must be received by Landlord no later than six (6) months prior to the
expiration of the underlying lease.
4. RENT. The parties agree that the rent, payable by the Tenant, during the
tenor of this Lease shall be as follows:
(a) For the leased premises the yearly rent shall be thirty thousand six
hundred dollars ($30,600.00).
The parties recognize that the purchasing power of the United States dollar
is evidenced by the United States Department of Labor, Bureau of Labor
Statistics, Index of Consumer Prices. In August, 2008, the Landlord will
compare the most recent price index with the base price index for 2008,
and the yearly rent amount shall be increased based upon changes in the
price index, if appropriate, on October 1, 2008. Another such adjustment
shall be undertaken for October 1, 2009, and every year thereafter until the
expiration date of the lease, including the option period if applicable. In
no event, however, shall the rent decrease below the sum of $30,600.00.
(b) Time of the essence. The Tenant agrees promptly to perform, comply
with and abide by this Lease, and agrees that timely payment is of the very
nature and essence hereof. In the event that any rental payment due
hereunder shall not be paid within five days of when due, Tenant shall pay
2
Landlord a late payment fee of 5% of the amount of such late Rental
Payment. This charge shall be considered additional rent and not interest.
(c) Default in rent. If any of said sums of money herein required to be paid
by the Tenant to the Landlord shall remain unpaid ten (10) days after
written demand by Landlord, then the Landlord shall have the options and
privileges as follows:
(1) Total acceleration. To accelerate the maturity of the rent
installments for the balance of the term. This option shall be
exercised by an instrument in writing signed by the Landlord, or its
agents, and transmitted to the Tenant notifying him of the intention
of the Landlord to declare all unmatured rent installments presently
due and payable.
(2) Partial acceleration. In lieu of the option in Sub-paragraph (1)
above, the Landlord may, in like manner, declare as presently due
and payable the unpaid rent installments for such a period of years
as may be fixed in the Landlord's said notice to the Tenant. The
exercise of this option shall not be construed as a splitting of a
cause of action, nor shall it alter or affect the obligations of the
Tenant to pay rent under the terms of this Lease for the period
unaffected by said notice.
(3) Other remedies. In addition to the option herein granted above,
the Landlord may exercise any and all other options available to it
hereunder or under law, which options may be exercised
concurrently or separately with the exercise of the above options.
(d) Default in provisions. If the Tenant shall default in the performance of
any other term of this Lease (except the payment of rent), the Landlord, or
its agent or employee, shall send to the Tenant a written notice of default,
specifying the nature of the default, and the Tenant shall, within thirty (30)
days after the date of said notice, cure and remedy said default, whereupon
this Lease shall continue as before. If the Tenant shall fail to cure and
3
remedy such default within said time, the Landlord shall have the right to
declare, by written notice to the Tenant, that the Lease is in default, and to
use all remedies available to the Landlord hereunder or under law,
including, but not limited to, those remedies, procedures and rights
specified in the other paragraphs of this Lease.
(e) In addition to the rental amount, the Tenant shall pay Florida sales tax,
if applicable.
(f) The above rental for the leased premises shall be payable in advance,
in quarterly installments, commencing from the date of commencement of
this Lease, as described in Section 3 (above) and on a like day of every
quarter thereafter during the term of this Lease.
5. DISPENSING FUEL. As additional rent, Tenant shall pay to the Landlord
twenty-five cents (25¢) for every gallon of aviation fuel dispensed through the city-owned
"fuel farm" by Tenant. Said payments shall be made at the time of paying rent, shall be
itemized and shall be accompanied by a copy of the fuel consumption reports, or such
other relevant documents requested by Landlord, for the subject time period. Landlord
shall have a right to audit Tenant's financial records relating to fuel sales upon seventy-
two hours written notice. See Schedule "B."
6. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges
that the Tenant is leasing the premises for the primary purpose of the operation of a FBO
(fixed base operator, a/k/a fixed base of operation). In order to utilize the leased
premises for this purpose, it may be necessary to use improvements previously
constructed upon the leased premises. Tenant acknowledges that these improvements are
owned by Landlord.
(a) The Tenant shall have the right to use the leased premises for any
lawful purpose described in Section 7 hereof, and shall have the right to
construct improvements upon the leased premises, provided any such
improvements do not in any way curtail the use of the airport facilities in
their usual operations and provided further that any such improvements, in
writing, by the Sebastian City Council prior to commencement of any
4
construction.. The Tenant covenants and agrees that all such construction
shall be in accordance with the local and state codes, regulations and
requirements as well as in accordance with all requirements of the Federal
Aviation Administration (FAA) and the Florida Department of
Transportation (FDOT).
(b) The Tenant shall indemnify, defend and hold the Landlord harmless
from any claims, losses, damages or liens arising out of the construction of
any such improvements.
(c) All improvements and fixtures of ,every kind now or hereafter erected
or placed on the leased premises shall, at the end of the term or earlier
termination of this Lease, for any reason, be and become the property of
the Landlord and shall be left in good condition and repair, ordinary wear
and damage by the elements excepted. In order to confirm sole ownership
in the Landlord, the Tenant shall, at Landlord's request, execute any and all
documents of transfer which Landlord deems necessary to perfect title to
said improvements. The Tenant agrees that all improvements shall, upon
the termination of this Lease for any reason, be free and clear of all
encumbrances, liens, and title defects of any kind. A fixture shall be
defined as an article which was a chattel, but which, by being physically
annexed or affixed to the realty by the Tenant and incapable of being
removed without structural or functional damage to the realty, becomes a
part and parcel of it. Non-fixture personalty owned by the Tenant at the
expiration of the term or earlier termination of this Lease, for any reason,
shall continue to be owned by Tenant and, at its option, may remove all
such personalty, provided the Tenant is not then in default of any covenant
or condition of this Lease, otherwise all such property shall remain on the
leased premises until the damages suffered by the Landlord from any such
default have been ascertained and compensated. Ariy damage to the leased
premises caused by the removal by Tenant of any such personalty shall be
repaired by Tenant forthwith at Tenant's expense.
5
7. USE OF LEASED PREMISES. The Tenant agrees that no use of the
leased premises will be conducted in such a manner as to constitute a nuisance or a
hazard and that, in connection with the use of the leased premises, the Tenant will
observe and comply with all applicable laws, ordinances, orders and regulations
prescribed by lawful authorities having jurisdiction over the leased premises. Tenant will
abide by the Principal Guiding Documents for Sebastian Municipal Airport. Tenant
agrees that the leased premises shall be used by the Tenant for the purpose of the
operation of a FBO (fixed base operator, a/k/a fixed base of operation). It is understood
that typical FBO activities Tenant would undertake include: aircraft fueling, de-fueling
and oil dispensing, aircraft parking, tie-down and hanger storage, aircraft sales/leasing,
airframe, power plant and accessory service, radio, avionics, and instrument service, air
charter or aircraft rental, flight training, ground services, such as aircraft towing, baggage
handling, power starts, air starts, lavatory services, potable water, aircraft cleaning, and
providing cabin supplies. Additionally, the Tenant/FBO may serve pilots, private
airplane owners, and transients with services such as rental cars, charters, lounges,
catering, hotel reservations, weather briefing and flight planning services, business
centers, and a wide variety of related and non-related services typical of a FAA approved
FBO operation. Any use of the leased premises other than those specifically stated above
are expressly prohibited. No other use may be conducted by the Tenant without the
express written consent of the Landlord. Such consent may be withheld by the Landlord
for any reason. All aeronautical businesses and activities must be certified and licensed
by appropriate agencies, including the FAA, in the appropriate categories of their specific
operation.
8. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to
maintain or repair the leased premises or any improvements located thereon or any part
thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost
and expense, to maintain all of the leased premises. The Tenant shall keep the leased
premises in a good state of maintenance and repair and keep the leased premises in a
clean, neat and orderly condition in accordance with local ordinances, including but not
limited to, the Sebastian Land Development Code and all other community standards
6
ordinances. It is an express condition of this Lease that the leased premises be kept in an
attractive manner at all times. Upon obtaining the prior written consent of the Landlord,
which consent may be withheld for any reason, the Tenant, at its sole cost and expense,
may erect such additional improvements on the leased premises as it deems appropriate
and may make such alterations or major renovations to the existing improvements as it
deems appropriate, provided, however, that such alterations or renovations shall not
disturb the structural integrity of such existing improvements, and provided that the
alterations or renovations shall comply with all applicable governmental regulations. The
Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses,
damages or liens arising out of or in any way connected with such additions or
renovations.
9. UTILITIES. The Tenant shall be responsible for all costs of electricity,
lights, water, sewer, heat, phone, Internet, janitor service or any other utility or service
consumed in connection with the leased premises. Utility charges shall be assessed to
Tenant by Landlord on a prorated basis according to the Tenant square foot usage. The
Landlord shall have no liability for the failure to procure, or the interruption of, any such
services or utilities.
10. SIGNS. The Tenant shall have the right to erect and maintain such sign
or signs on the premises as may be permitted by applicable law; provided, however, the
Landlord must approve any such signs in writing prior to erection. The Landlord may
impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed
necessary.
11. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes,
assessments or any other governmental charge levied or assessed against the leased
premises (including the Tenant's leasehold by the appropriate governmental authorities),
together with all ad valorem taxes assessment or other governmental charge levied
against any stock of merchandise, furniture, furnishings, equipment and other property
located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis
and receipts therefor shall be provided to the Landlord upon request.
12. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at
its own expense, during the term of this Lease, comprehensive public liability insurance
coverage with respect to the leased premises. The insurance coverage to be maintained
by the Tenant shall contain limits of:
(a) Bodily Injury and Property Damage - $1,000,000 Combined Single
Limits
(b) Products and Completed Operations Liability (if applicable) -
$1,000,000 Combined Single Limit.
(c) Aircraft Liability - $1,000,000 Bodily Injury and Property Damage
Combined Single Limit.
(d) Insurance in the full replacement value of all Personal Property,
Equipment, and Trade Fixtures on the Leased Premises.
(e) Ground and Hangar Keeper's Liability -adequate coverage for any
single aircraft in storage or care and a limit covering the total value of
those aircraft but not less than $100,000 for damage to any one (1)
aircraft and $500,000 per each occurrence.
(fl Chemical Liability Insurance (if applicable) -minimum of $400,000
Combined Single Limit.
(g) For aircraft Fueling Operations - a Comprehensive Aircraft Liability
policy indicating that the coverage includes owner's fueling/defueling
operations with fueling equipment owned and/or operated by the Tenant.
The minimum shall be $1,000,000 Combined Single Limit for Bodily
Injury and Property Damage.
(h) Automobile Liability Insurance:
(1) Each service provider operating one or more motor vehicles on
the City's premises in the performance of their work shall
purchase and maintain Automobile Liability Insurance with
policy limits of not less than $300,000 Combined Single Limit.
(2) Service Providers having unescorted access to the AOA at the
Sebastian Municipal Airport shall purchase and maintain
Automobile Liability Insurance with policy limits of not less
than $1,000,000 Combined Single Limit.
(a) Builder's Risk -during any construction on a leased site, the service
provider shall furnish Builder's Risk Insurance insuring the contract
price, with the City listed as the named insured. Any deductibles under
the builder's risk policy shall be the responsibility of the service
provider.
(b) Workers' Compensation Insurance: as required by Florida Statutes.
Tenant agrees that, should there be an expansion of the use or occupancy beyond the
primary use set forth herein, Landlord may alter the minimum amounts stated in the
preceding sentence during the term of this Lease by resolution of the City Of Sebastian
City Council. Landlord will give written notice of any such change to Tenant, and such
8
changes will take effect immediately. Any policy or policies of insurance required
pursuant to this Lease shall be issued by one or more insurance companies authorized to
engage in business in the State of Florida. The Tenant shall supply the Landlord with a
certificate of such insurance with evidence of the payment of the premium thereon. All
policies described in this Paragraph 12 shall contain a clause preventing cancellation of
any coverage before thirty (30) days written notice to the Landlord and shall name the
Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall
provide copies of said policies to the Landlord.
13. PROPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The
Tenant shall, at its sole cost and expense, procure and keep in effect such standard
policies of property casualty, fire and extended coverage insurance as the Landlord deems
necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a
certificate of such insurance with evidence of the payment of the premium therefor. The
Landlord shall have no obligation to keep the leased premises insured nor shall the
Landlord have any obligation to insure any personal property used in connection with the
leased premises. Any policy or policies of insurance required pursuant to this Lease shall
be issued by one or more insurance companies authorized to engage in business in the
State of Florida. All policies described in this Paragraph 13 shall contain a clause
preventing cancellation of any coverage before thirty (30) days written notice to the
Landlord and shall name the Landlord as an additional insured. Upon the request of the
Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event
that the Tenant's use and occupancy of the premises causes any increase in the premium
for any property casualty or fire insurance maintained by Landlord on the Leased
Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said
increase within thirty days of notice of the same.
14. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR
OTHER CASUALTY. In the event the leased premises are destroyed or damaged by fire
or other casualty, the Tenant, at its option, agrees that it will cause said premises and/or
other improvements to be replaced or said damage to be repaired as rapidly as practicable.
The Landlord may abate the Tenant's rent for the period of time more than 80% of the
9
principal building, if any, is unusable. In the event the Tenant elects to repair and/or
replace the leased premises, the Landlord shall have no claims against any insurance
proceeds paid to the Tenant on account of such damage and/or destruction nor shall the
Landlord have any responsibility or obligation to make any expenditures toward the repair
and/or replacement of the building and other improvements on the leased premises.
(a) If the Tenant, under its option, elects not to repair the leased premises,
the Landlord shall have two options:
(1) To continue to Lease; if the Landlord elects to continue the
Lease, the Landlord shall be entitled to any of the insurance
proceeds on account of such damage and/or destruction, such
proceeds to be the sole property of the Landlord; or
(2) To cancel the Lease; if the Landlord elects to cancel the Lease,
the Landlord shall be entitled to that portion of the insurance
proceeds paid as a result of such damage and/or destruction to the
building and other improvements on the leased premises, the
Tenant shall be entitled to the remainder, if any, of the insurance
proceeds.
(b) In the event the Tenant, under its option, elects not to repair and/or
replace the leased premises, the Tenant shall, at its sole expense, remove
all remaining portions of the leased premises.
15. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify
and save the Landlord harmless from any and all actions, demands, liabilities, claims,
losses or litigation arising out of or connected with the Tenant's occupancy or use of the
leased premises and the use of the leased premises by tenant's agents, employees, and
invitees, including all attorney's fees incurred by the Landlord in defending any such
claims. This Paragraph 15 shall survive the termination or cancellation of the Lease.
16. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to
indemnify, defend and hold the Landlord harmless from and against any and all claims,
lawsuits, losses, liabilities, damages, and expenses (including, without limitation,
clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of
10
or by reason of any hazardous or toxic materials, substances, pollutants, contaminants,
petroleum products, hydrocarbons or wastes being located on the property and being
caused by the Tenant or its sub-Tenants. The presence of said substance or materials on
the leased premises shall raise the presumption that Tenant is the cause of such presence.
This Paragraph 16 shall survive the termination or cancellation of the Lease.
17. PREVENTION OF USE OF THE PREMISES. If, after the effective date
of this Lease, the Tenant is precluded or prevented from using the leased premises for
those primary purposes identified in Section Seven of this Lease, by reason of any zoning
law, ordinance or regulation of any authority having jurisdiction over the leased premises
and such prohibition shall continue for a period in excess of ninety (90) consecutive days,
the Landlord may allow the Tenant to terminate this Lease. The right to terminate this
Lease must be granted by the Landlord, in writing, before the Tenant shall be released
from its obligations under the terms of this Lease.
18. LANDING FEES. Landing or any other type of use of runway fees being
charged by Tenant are specifically prohibited by this Agreement, so long as all other
tenants of the property owned by the Landlord located at the Airport are prohibited from
charging any such fees, as the use of the Airport is for the general public. Nothing in this
Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or
desirous.
19. GOVERNMENT SEIZURE. In the event the United States Government,
or any agency or subdivision thereof, at any time during the term of this Lease takes over
the operation or use of the airfield and/or Airport which results in the Tenant being
unable to operate under the terms of the Lease, then the Lease may be extended upon
mutual agreement of the Tenant and the Landlord for an additional period equal to the
time the Tenant has been deprived of the value of this Lease. If the duration of the
seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole
discretion, may terminate. this Lease.
20. EMINENT DOMAIN. If all or any part of the leased premises shall be
taken under a power of eminent domain, the compensation or proceeds awarded for the
taking of the leased premises shall belong to the Landlord. If the taking is to such an
I1
extent that it is impracticable for the Tenant to continue the operation of its business on
the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing
herein shall prevent the Landlord and/or the Tenant from seeking any and all damages
sustained from the condemning authority by reason of the exercise of the power of
eminent domain.
21. DEFAULT BY TENANT. As used in this Lease, the term, "event of
default", shall mean any of the following:
(a) The failure of the Tenant to fulfill any duty or obligation imposed on
the Tenant by the Lease;
(b) The appointment of a receiver or the entry of an order declaring the
Tenant bankrupt or the assignment by the Tenant for the benefit of
creditors or the participation by the Tenant in any other insolvency
proceeding;
(c) The Tenant's failure to pay any consideration, to the Landlord, required
by this Lease;
(d) The taking of the leasehold interest of the Tenant hereunder pursuant to
an execution on a judgment;
(e) The Tenants abandonment of any substantial portion of the leased
premises. "Abandonment" shall be determined by the Landlord;
(f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a
petition for bankruptcy or being adjudged bankrupt, insolvent, under any
applicable federal or state bankruptcy or insolvency law, or admit that it
cannot meet its financial obligations as they become due, or a receiver or
trustee shall be appointed for all or substantially all of the assets of Tenant
or any Tenant's obligations hereunder;
(g) The Tenant or any guarantor of the Tenant's obligations hereunder shall
make a transfer in fraud of creditors or shall make an assignment for the
benefit of creditors;
(h) The Tenant shall do or permit to be done any act which results in a-lien
being filed against the leased premises or the property which is not
12
released of record within thirty (30) days of the date it is initially recorded
in the Public Records of Indian River County. Each party covenants and
agrees that it has no power to incur any indebtedness giving a right to a
lien of any kind or character upon the right, title and interest of the other
party in and to the property covered by this Lease, and that no third person
shall ever be entitled to any lien, directly or indirectly, derived through or
under the other party, or its agents or servants, or on account of any act of
omission of said other party. All persons contracting with the Tenant or
furnishing materials or labor to said Tenant, or to its agents or servants, as
well as all persons whomsoever, shall be bound by this provision of this
Lease. Should any such lien be filed, the Tenant shall discharge the same
by payment or by filing a bond, or otherwise, as permitted by law. The
Tenant shall not be deemed to be the agent of the Landlord so as to confer
upon a laborer bestowing labor upon the leased premises, a mechanic's lien
upon the Landlord's estate under the provisions of the Florida Statutes, or
any subsequent revisions thereof;
(i) The liquidation, termination, death or dissolution of the Tenant or all
Guarantors of the Tenant's obligations hereunder;
(j) The Tenant fails for more than one hundred twenty (120) consecutive
days to continuously conduct and carry on in good faith the type of
business for which the leased premises are leased;
(k) The Tenant shall be in default of any other term, provision or covenant
of this Lease, other than those specified in subparts a through 1 above.
Upon the happening of any "event of default", the Landlord may, at its option, terminate
this Lease and expel the Tenant therefrom without prejudice to any other remedy;
provided, however, that before the exercise of such option for failure to pay rent or failure
to perform any condition imposed herein upon the Tenant, the Landlord shall give written
notice of such event of default to the Tenant, which thereafter shall have thirty (30) days,
from the date notice is sent by the Landlord, within which to remedy or correct such
default, unless such default is the failure to pay rent, in which case the Tenant shall have
13
ten (10) days, from the date notice is sent by the Landlord, within which to remedy such
default by paying all rent due.
22. IDENTITY OF INTEREST. The execution of this Lease or the
performance of any act pursuant to the provisions hereof shall not be deemed or construed
to have the effect of creating between the Landlord and the Tenant the relationship of
principal and agent or of a partnership or of a joint venture and the relationship between
them shall be and remain only that of landlord and tenant.
23. NOTICES AND REPORTS. Any notice, report, statement, approval,
consent designation, demand or request to be given and any option or election to be
exercised by a party under the provisions of this Lease shall be effective only when made
in writing and delivered (or mailed by registered or certified mail with postage prepaid) to
the other party at the address given below:
Landlord: City of Sebastian
Attn: City Manager
1225 Main Street
Sebastian, FL 32958
Tenant: West One Development, Inc.
202 Airport Drive East
Sebastian, FL 32958
Attn: Mark Issot
provided, however, that either party may designate a different representative or address
from time to .time by giving to the other party notice in writing of the change. Rental
payments to the Landlord shall be made by the Tenant at an address to be furnished to the
Tenant.
24. RIGHT TO INSPECT. The Landlord may enter the leased premises upon
reasonable notice:
(a) To inspect or protect the leased premises or any improvement to a
property location thereon;
(b) To determine whether the Tenant is complying with the applicable
laws, orders or regulations of any lawful authority having jurisdiction over
the leased premises or any business conducted therein; or
(c) To exhibit the leased premises to any prospective purchaser or tenant
during the final sixty (60) days of the lease term, or at any time after either
14
party has notified the other that the Lease will be terminated for any
reason.
No authorized entry by the Landlord shall constitute an eviction of the Tenant. or a
deprivation of its rights or alter the obligation of the Landlord or create any right in the
Landlord adverse to the interest of the Tenant hereunder.
25. OWNERSHIP OF TRADE FIXTURES, SIGNS AND PERSONAL
PROPERTY. At the expiration of the Lease, any and all trade fixtures, signs and
personal property, used by the Tenant in the operation of its business, on the leased
premises shall remain the Tenant's sole properly and the Tenant shall have the right to
remove the same provided any damages in removal are repaired by the Tenant at Tenant's
sole cost. In case of breach of this Lease by the Tenant, or the termination of the Lease,
or any extension hereunder, that may be granted, the Tenant agrees to immediately
surrender possession of said facilities, and all the buildings, edifices, etc. that are
constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then
become the property of the Landlord.
26. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for
itself, its successors and assigns, to restrict the height of structures, objects of natural
growth and other obstructions on the leased premises to such a height so as to comply
with all Federal Aviation Regulations, State laws and local ordinances, rules and
regulations now existing and hereinafter promulgated. The Tenant expressly agrees for
itself, its successors and assigns, to prevent any use of the leased premises which would
interfere with or adversely affect the operation or maintenance of the Airport or otherwise
constitute an airport hazard. The Tenant covenants and acknowledges that the use of the
leased premises as proposed by the Tenant does not interfere with or adversely affect the
operation or maintenance of the Airport or otherwise constitute an Airport hazard. The
Landlord reserves unto itself, its successors and assigns, for the use and benefit of the
public, a right of flight for the passage of aircraft in the airspace above the surface of the
leased premises, together with the right to cause in such airspace such noise as may be
inherent in the operation of aircraft, now known or hereafter used, for navigation or flight
15
in the airspace, and for use of said airspace for landing on, taking off from, or operating
on the Airport.
27. NONDISCRIMINATION. The Tenant for itself, its personal
representatives, successors in interest and assigns, as part of the consideration hereof,
does hereby covenant and agree as a covenant running with the land that (i) no person on
the grounds of religion, gender, marital status, race, color, age, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subject to
discrimination in the use of the Tenant's facilities; (ii) that in the construction of any
improvements on, over or under the leased premises and the furnishing of services
thereon, no person on the grounds of religion, gender, marital status, race, color, age, or
national origin shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation -Effectuation of Title VI of the Civil Rights Act of 1964.
In the event of the breach of any of the above non- discrimination covenants, the
Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall
immediately commence curative action. Such action by the Tenant shall be diligently
pursued to its conclusion, and if the Tenant shall then fail to commence or diligently
pursue action to cure said breach, the Landlord shall then have the right to terminate this
Lease and to re-enter and repossess said land and improvements thereon.
28. ENTIRE AGREEMENT. This Lease contains all of the understandings by
and between the parties hereto relative to the leasing of the premises herein described,
and all prior or contemporaneous agreements relative thereto have been merged herein or
are voided by this instrument, which may be amended, modified, altered, changed,
revoked or rescinded in whole or in part only by an instrument in writing signed by each
of the parties hereto.
29. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this
Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right
16
or interest hereunder without the prior written consent of the Landlord. If the Landlord
consents, in writing, to the assignment, subletting or other transfer of any right or interest
hereunder by the Tenant, such approval shall be limited to the particular instance
specified in the written consent and the Tenant shall not be relieved of any .duty,
obligation or liability under the provisions of its Lease.
30. BINDING EFFECT. The terms and provisions of this Lease shall be
binding on the parties hereto and their respective heirs, successors, assigns and personal
representatives, and the terms of any Addendum attached hereto are incorporated herein.
31. APPLICABLE LAW/VENUE. In the event of litigation arising out of
this writing, venue shall be in Indian River County, Florida and the terms of this Lease
shall be construed and enforced according to the laws of the State of Florida except to the
extent provided by Federal law.
32. ATTORNEYS FEES. In any action arising out of the enforcement of this
writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and
costs, both at trial and all appellate levels, based upon the prevailing rates of private
attorneys in Indian River County, Florida.
33. RECORDING. In no event shall the Lease or a copy thereof be recorded
in the Public Records of Indian River County, Florida.
34. MISCELLANEOUS. The Landlord shall have the option, without waiving
or impairing any of its rights hereunder, to pay any sum or perform any act required of the
Tenant, and the amount of any such payment and the value of any such performance,
together with interest thereon, shall be secured by this Lease, and shall be promptly due
and payable to the Landlord.
All delinquent payments to the Landlord shall bear interest at the rate of 18% per
year from date the payments are due to the date of payment. Said interest shall be
calculated on a daily basis and shall be due and payable when billed.
In the event of the Tenant's breach of any of the provisions of this Lease, the
Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and
profits from the leased premises as additional security to the Landlord for the Tenant's
faithful performance of each of the terms and provisions hereof, and to secure payment of
17
all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the
rights of the Tenant and any of its creditors or assignees or any trustee or receiver
appointed for the Tenant's property, or any other person claiming under the Tenant. Upon
the Landlord's termination of the Tenant's rights under this Lease by reason of the
Tenant's default, all such revenues, income, rents, earnings and profits derived or
accruing from the leased premises from the date of such termination by the Landlord shall
constitute the property of the Landlord, and the same is hereby declared to be a trust fund
for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant
or any trustee or receiver appointed for the Tenant's property. The provisions of this
paragraph shall be effective without the Landlord's re-entry upon the leased premises or
repossession thereof, and without any judicial determination that the Tenant's interest
under said lease has been terminated.
The Tenant acknowledges that the Landlord is required by law to operate under an
Airport Master Plan and the Tenant covenants that he will use the leased premises
consistent with the Airport Master Plan.
The Tenant shall not allow its occupancy or use of the lease premises to constitute
or become a public or private nuisance.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
ATTEST: CITY OF SEBASTIAN
A Municipal Corporation
Sally Maio, City Clerk
By:
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Rich E. Stringer, City Attorney
Al Minner, City Manager
West One Development, Inc. Corporate Seal:
By:
Mark Issot, President
18
Schedule "A"
Lease Agreement between the City Of Sebastian and West One
Development, Inc.
1. Leased premises shall include the wing at the Sebastian Municipal Airport
Administration Building currently known as the "Engineering Wing." .This
space is approximately 2550 square feet, more or less.
2. Premises is unfurnished except that the "Executive Suite" is furnished and
included as part of the lease agreement. Furnishings include: executive desk,
executive chair, circular table, four (4) table chairs.
3. Utility charges and janitorial service shall be prorated according to square foot
usage.
4. Common Area Maintenance (CAM) shall be at no charge to the Tenant.
5. Lobby/reception area shall be considered acommon/shared space with other
building tenants. There will be no charge to the Tenant.
6. Receptionist service shall be at no charge to the Tenant for year one (1).
Commencing year two (2), receptionist service shall be prorated if city
employee is utilized.
7. The flight school shall be closed on Sunday.
8. Flight training aircraft flight patterns shall be at the direction of the City Of
Sebastian Airport Director.
Schedule "B"
Lease Agreement between the City Of Sebastian and West One
Development, Inc.
Concerning Fuel Operations
1. The City Of Sebastian shall leaseback to West One Development, Inc. its self-
serve Avgas `Fuel Farm' located at the Sebastian Municipal Airport
Administration Building. It is understood that the fuel farm facility shall be
used in conjunction with the FBO operations of West One. The City Of
Sebastian retains ownership of the Fuel Farm facility throughout the term of the
lease.
2. The fuel farm facility includes a 12,000 gallon fuel tank, underground double-
walled fuel lines, remote dispensing system, credit card reader system, security
lighting, and security fencing. The facility shall be used to dispense Avgas only.
3. The lease rate shall be at a $.25 per gallon dispensed through the system. This
rate shall be modified yearly utilizing a Fuel CPI adjustment factor.
Modification date shall be on October 1. In no case, will the per gallon charge
be less than $.25. A minimum annual charge of $9000 shall apply including a
yearly fuel CPI.
4. There shall be no distinction between fuel `sold' and .fuel `used for company
purposes.'
5. West One shall be responsible for initial certification of the City Of Sebastian
self-serve Avgas `Fuel Farm' system in accordance with all laws, statutes, and
regulations.
6. Destinations shall be responsible for all periodic testing, report submissions,
maintenance, and any/all regulatory requirements relating to the day-to-day
operation of the Fuel Farm.
7. It is agreed that West One is permitted to install a Jet A fuel system. A fuel
flowage fee of $.02 gallon dispensed shall apply.
8. West One shall provide monthly documentation of all test results, reports, fuel
supply documentation, fuel dispensing documentation, and any/all other
documentation that may relate to fuel operations by Destinations, Inc.
9. It is understood that West One will provide adequate insurance on all aspects
relating to its fuel operations. In addition, West One will provide adequate
liability and property damage insurance coverage on the city-owned Fuel Farm
facility. West One will hold harmless the City Of Sebastian of any claim or
liability relating to West One's FBO and fuel operation.