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HomeMy WebLinkAbout01272010HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JANUARY 27, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION Rabbi Michael Bernholtz, Temple Beth Shalom 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 10.017 A. Certificate of Appreciation to Scott Nelson for Natural Resources Board Service 10.018 B. Certificate of Appreciation to Mason Bowen for Working Waterfront Committee Service Brief Announcements 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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. 1 -12 A. Approve Minutes 1/13/10 Regular City Council 10.019 B. Authorize Mayor to Execute Tree City USA Renewal Application (GMD 13 -22 Transmittal, Application and Supporting Documents) 10.020 C. Approval of Settlement in Case of Barbara Ricci vs. City of Sebastian (Adm Svcs 23 -26 Transmittal, Settlement Agreement at Mediation) 10.021 D. Resolution No. R -10 -02 Sebastian Aero Services Lease Assignment (Airport 27 -54 Director Transmittal, R- 10 -02, Correspondence, Letter, Lease, Memos) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO REPRESENT THE CITY OF SEBASTIAN IN THE SALEJTRANSFER OF LEASEHOLD ASSETS BETWEEN SEBASTAIN AERO SERVICES AND TREASURE COAST AVIATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 10.022 E. Approve License Agreement with Gulf Stream Council of the Boy Scouts of America for 55-64 Camporee at Sebastian Municipal Airport (Airport Director Transmittal, Plan and Agreement) 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10.001 A. Planning Zoning Commission 65-76 (City Clerk Transmittal, Applications, Ad, List) 12. NEW BUSINESS i. Interview, Unless Waived and Submit Nominations for One Vacant Regular Member Position with Term to Expire May 2010 Unless City Council Extends to May 2013 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT Public input procedures are on the back of the agenda. A sheet is available on a table at the back of the chambers for people to sign prior to meetings. Signing is not mandatory and individuals who raise their hands will be recognized. If the Council fails to reach this item during a meeting, only those people who have signed prior to the meeting will have their item carried forward to the next regular meeting. 10.023 A. Consider Sun Trust Bank Refinancing Offer to Provide Funds for Paving Work 77 -90 and Payoff of Existing Paving Improvement Note (Adm Svcs Transmittal, Schedule of Sources and Use of Funds, Proposed New Paving Work) 10.024 B. Goals and Objectives for Charter Officers in Accordance with Resolution No. 91 -94 R -07 -31 (City Manager Transmittal, R- 07 -31, 2009 Minutes Excerpts) 10.025 C. Economic Development Small Business Start-Up Forum (Gillmor Transmittal) 95 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 10.026 A. Announce City /FDOT Barber Renovation Project Public Information Meeting in Chambers on Feb. 1, 2010 at 5:30 pm 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Wright B. Mayor Gillmor C. Vice Mayor Hill D. Council Member Coy E. Council Member Wolff 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVT MEETINGS. All City Council Meetings are Aired Live 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. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: February 10, 2010 Regular Meeting 6:30 pm February 24, 2010 Regular Meeting 6:30 pm March 10, 2010 Regular Meeting 6:30 pm March 24, 2010 Regular Meeting 6:30 pm PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45 Regular City Council Meetings Public input is ALLOWED under the headings: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES, however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 3 City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Don Wright None. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 13, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Seth Goldsmith, Coastal Community Church. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Absent: Council Member Eugene Wolff (excused) Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Records Program Manager, Donna Cyr Airport Director, Joseph Griffin Administrative Services Director, Debra Krueger Growth Management Director, Rebecca Grohall Finance Director, Ken Killgore Parks Supervisor, Chris McCarthy Police Chief, Michelle Morris Police Captain, Mike Beyers Senior MIS Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Regular City Council Meeting January 13, 2010 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 10.001 A. Certificate of Appreciation to Hank Buchanan for Planning and Zoning Commission Service Mayor Gillmor read the certificate, however, Mr. Buchanan was unable to attend and the certificate will be provided to him. 10.016 C. Proclamation Sebastian River Area Chamber of Commerce 10 Anniversary of Concerts in Riverview Park Mayor Gillmor read and presented the proclamation to Beth Mitchell, Executive Director of the Sebastian River Area Chamber of Commerce. Ms. Mitchell thanked the City and staff members for their assistance and urged public attendance at the concerts which start Friday in Riverview Park. 10.002 B. Sebastian Clambake Foundation Beneficiary Presentations ,Anjani Cirillo, President of the Clambake Foundation Board, along with Board members Dbt J dah, Nancy Veidt and Rich Stringer thanked all the volunteers who participated in the event -and presented checks to four of the six beneficiaries (the VFW and By the River had a1i'ady been presented with their checks) of the Clambake Festival proceeds, as follows:' Halo Animal Rescue $10,250 Sebastian Soccer Association $10,250 Sebastian Boys and Girls Club $10,250 Sebastian Sharks Youth Football and Cheerleaders $10,250 Ms. Cirillo reminded people to go to sebastianclambake.org for 2010 event beneficiary information and forms. Brief Announcements DRAFT Mr. Hill announced that Mayor Gillmor has been appointed the new Chairman of Indian River County Metropolitan Planning Organization (MPO). Mayor Gillmor announced upcoming events in Riverview Park, including the concert in the park this Friday, Art Show on Saturday, January 16 and the Fine Art and Music Festival on January 23 and 24. 2 Regular City Council Meeting January 13, 2010 Page Three 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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. 1 -16 A. Approve Regular Meeting Minutes 12/9/09 17 -25 B. Approve Regular Meeting Minutes 12/16/09 09.125 C. Approve H D Construction Change Order #6 in the Amount of $28,447.25 for 27 -38 Airport Access Road East (Airport Transmittal, Change Order) 10.015 D. Authorize Mayor to Execute Submerged Lands Lease with Florida Department of 39 -54 Environmental Protection for Yacht Club Ramp and Piers (City Clerk Transmittal, Submerged Lands Lease w /Attachments) MOTION by Mr. Hill and SECOND by Mr. Wright to approve (consent agenda items A -D). Result of the roll call: Ayes: Gillmor, Hill, Coy, Wright Nays: None Passed 4 -0 DRAFT 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mayor Gillmor reported on meetings with the Mayors in Indian River County which started in Vero Beach in December, and further explained an effort underway by them to establish a small business recruitment and training process utilizing vacant office space in the cities to provide assistance to individuals with ideas for small business start up. He said the next Mayors' meeting will take place in Fellsmere on January 11 Mr. Hill suggested workshopping this in the near future. Mr. Wright briefly reported on the Indian River County Commission's approval of the purchase of land recommended by the Land Acquisition Advisory Committee in the North County for the Greenway project. He also brought to Council's attention information Charlie Wilson had presented to the County Commission regarding the cost differential for Vero Beach Utilities costs and FPL costs for Indian River County and local schools that is paid out in part by Sebastian taxpayer funds and suggested perhaps we should obtain further information on this. Other members of Council said they would like to get further clarification on this and asked staff to look into it. 10.003 A. Construction Board 55-66 (City Clerk Transmittal, Code, Applications, Ad) i. Interview Unless Waived, and Submit Nominations for the Vacant Regular Member, Plumber Position to Expire 9/30/2012 ii. Interview Unless Waived, and Submit Nominations for the Vacant Alternate Member, Contractor Position to Expire 9/30/2010 City Council interviewed David Reyes. Mr. Redden was not in attendance. 3 Regular City Council Meeting January 13, 2010 Page Four MOTION by Mr. Hill to appoint Mr. Reyes to the Regular plumber position and Mr. Redden to the alternate contractor position. Since there were two applicants for the two position and no other nominations, Mr. Reyes and Mr. Redden were automatically appointed as nominated. 10.004 B. Police Pension Board of Trustees 67 -73 (City Clerk Transmittal, F.S.185, Memo, List) i. Appoint Fifth Member to the Board in Accordance with F.S.185 MOTION by Ms. Coy and SECOND by Mr. Wright to confirm the appointment of Debra Krueger as fifth member of Police Pension Board of Trustees carried on a voice vote of 4 -0. 9. PUBLIC HEARINGS 09.150 A. Second Reading and Adoption Hearing of Ordinance No. 0 -09 -14 Roseland 75-88 Road Buffer (Growth Management Transmittal, 0- 09 -14, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE TO CREATE SECTION 54-3 -11.11 ROSELAND ROAD BUFFER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Press Joumal Ad 12/30 /09) Mayor Gillmor opened the hearing at 7:00 pm and the City Attorney read Ordinance No. 0 -09 -14 by title. MOTION by Mr. Hill and SECOND by Mr. Wright to approve Ordinance No. 0- 09 -14. Mayor Gillmor called for public input and there was no response. Result of the roll call: Ayes: Hill, Coy, Wright, Gillmor Nays: None Passed 4 -0 DR AFT The City Manager advised that now that this language is in place for the buffer, the next two steps will be to correct the references within of the Airport Master Plan and Airport Layout Plan, but first we have to address the Habitat Conservation Plan (HCP) and incidental take issues with Fish and Wildlife. 09.048/10.005 B. Second and Adoption Hearing of Ordinance No. 0 -10 -01 Tax Abatement 89 -95 Program (City Attorney Transmittal, 0- 10 -01) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, IMPLEMENTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM FOR THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE AND SUNSET DATE. (Press Joumal Ad 12/30/09) Mayor Gillmor opened the hearing at 7:04 pm and the City Attorney read Ordinance No. 0 -10 -01 by title, and noted a typo on page 1 (circle page 91) which should read "direct or indirect MOTION by Mr. Wright and SECOND by Mr. Gillmor to approve Ordinance No. 0- 10 -01. 4 Regular City Council Meeting January 13, 2010 Page Five Mayor Gillmor called for public input and there was no response. Result of the roll call: Ayes: Wright, Gillmor, Hill, Coy Nays: None Passed 4 -0 10. UNFINISHED BUSINESS DRAFT 09.156 A. Consider Release of Lien on 573 Michael Street Code Enforcement Case 97 -100 2005 -35822 (City Manager Transmittal, Notice, Calculation) The City Attorney advised City Council that in light of the fact that the lien was filed incorrectly by citing "mowing" which was never done, and the fact that the fine of $56,000 imposed for moving a car to the back of the property was a "punishment that doesn't fit the crime he was recommending the applicant pay $1000 now, and $1000 in ninety days and that the property owner obtain a building permit and complete his partially completed structure as was recommended by the Building Official and which the property owner has agreed to. He said this fine will cover the City's costs in this matter. He also advised that future lien issues could be deferred to the Special Magistrate and if Council was so inclined that process could be done by adoption of an ordinance, stating Florida law provides Council with the authority to release or make adjustments as it sees fit. He cited a list prepared by the Clerk showing the various actions of Council on lien reduction and waiver requests and said he would provide them with a copy. Ms. Coy asked, if they give authority to the Special Magistrate, where would someone appeal his decision, and the City Attorney replied to the Circuit Court, or in an ordinance it could require it to come to Council. Mr. Wright recommended the lien not be released until the construction is completed and this should be imposed as a condition once a reasonable time is established. Steven Lulich, Attorney representing Mr. Linscott, provided a Memorandum of Understanding (see attached) and cited another case in which a property was not notified of a hearing at which a fine became a lien as is the case in this issue, and that there is currently no issue on the table as to the construction of the building. MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve staff recommendation. (City Attorney recommendation for $1000 now, and $1000 in ninety days and that the applicant will pull permits within 30 days and then complete construction) Mayor Gillmor called for public input. Damien Gilliams urged Council to use caution in setting precedence and said they have been too lenient. Mayor Gillmor questioned the method to adopt an ordinance to assign this to the Special Magistrate, and Ms. Coy asked that this be agendized and discussed further before staff is directed to come back with an ordinance. 5 Regular City Council Meeting January 13, 2010 Page Six Ms. Coy then said she would like to reconsider the motion, stating it was not unreasonable to set a standard for a time to complete the construction, citing that Council has been very generous. Mr. Hill said there are codes in place to ensure that once a permit is pulled the construction must be completed in a certain amount of time. Mr. Hill withdrew his motion. MOTION by Ms. Coy and SECOND by Mayor Gillmor to approve staff recommendation with the garage to be completed by January 1, 2011. Result of the roll call: Ayes: Wright, Gillmor, Hill, Coy Nays: None Passed 4 -0 The City Attorney read Resolution No. R -10 -01 by title. DRAFT 09.157/10.006 B. Resolution No. R -10 -01 Airport Park Funding (City Manager Transmittal, 101 -104 Schematics) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FUNDING THE DEVELOPMENT OF AN AIRPORT PARK THROUGH A GRANT FROM THE RECREATIONAL IMPACT FEE FUND; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager gave a brief update on the plans and intention to fund it with a grant from recreation impact fees. MOTION by Ms. Coy and SECOND by Mr. Wright to approve staff recommendation. Mr. Hill questioned why the cost had gone from $5,000 at their last discussion to $12,500. The City Manager said the $5,000 was for play equipment and now there is a fence, concrete and a pavilion. Mr. Hill said he was in favor of the park but not the substantial cost difference and said we need to be careful that we are talking real numbers when we cite anticipated costs for City projects. Mr. Wright agreed with Mr. Hill and questioned the inclusion of a telescope viewer. The City Manager said Council asked for amenities staff had not considered, and that staff does take seriously what it brings to Council, reiterating that the telescope viewer was suggested by the Mayor. Ms. Coy said she could withdraw her motion and remove that for now if Council wished, but Mr. Hill said he was not asking her to do this. 6 Regular City Council Meeting January 13, 2010 Page Seven Result of the roll call: Ayes: Gillmor, Hill, Coy, Wright Nays: None Passed 4 -0 Damien Gilliams said he thought this was a great idea and $12,000 was not enough, suggesting picnic tables and benches so people can come out and sit with vending machines that could help fund the park. He commended the City Manager and Airport Director for bringing this to Council. 10.007 C. Indian River County Firehouse #9 Land Swap Proposal (City Manager 105 -107 Transmittal, Park Schematics) The City Manager said he was simply seeking direction on the possibility of a land swap between the .City and County for the current firehouse #9 property on US 1 and property on the City Hall campus off of Gibson Street. Ms. Coy said she was interested but not in giving up the property next door. Mr. Hill said he thought this campus was an excellent location for a fire station. Mr. Wright said he did not see the US 1 property as meaningful for the City and would rather the County sell it for a taxable use. Mr. Hill said the City could sell it. Mr. Wright said we need to be doing soil testing and the best use would be commercial. Mayor Gillmor noted it was only .3 acres, and said if we swap and commit the old chamber space we are in limbo if they do not set a time certain for construction. Damien Gilliams said he did not think this was a good idea. DRAFT Mr. Hill said again it was worth having the City Manager look into it and there was no objection. Mayor Gillmor called recess at 7:48 pm and reconvened the meeting at 7:59 p.m. The four members of Council returned. 11. PUBLIC INPUT Public input procedures are on the back of the agenda. A sheet is available on a table at the back of the chambers for people to sign prior to meetings. Signing is not mandatory and individuals who raise their hands will be recognized. If the Council fails to reach this item during a meeting, only those people who have signed prior to the meeting will have their item carried forward to the next regular meeting. Trish Ohrt, Island Style Hair Design, US 1, addressed Council on a feather flag she had flown to draw attention to her shop and had removed at the direction of Code Enforcement. She said in these hard economic times, it helped draw attention to her business which supports eight people. She said the sandwich board signs recently allowed do not seem to attract people and said she would appreciate whatever Council could do for small businesses such as allowing other types of signs like the feather flag. Ms. Coy said she would like to revisit the ordinance recently adopted. Discussion took place on the sandwich board sign adopted previously and whether it was codified in the LDC or was only temporary. Mr. Wright asked if businesses could temporarily be allowed these types of signs while Council deliberates on the issue. The City Manager asked Council to allow him to handle the matter administratively and report back to them. The City Clerk reviewed the record and said it was 0 -08 -07 and was temporary. 7 Regular City Council Meeting January 13, 2010 Page Eight Damien Gilliams, said the City needs to take care of businesses that are here so they don't have to come here, and though he understands there are codes, said let's do it tonight. Seth Goldsmith, Pastor of Coastal Community Church, thanked the City for allowing use of Riverview Park on Christmas Eve for a very successful event, and Mayor Gilimor for his voice and guitar playing, and said they are already planning for next year. Jim Sunnycalb, also thanked Council and described the event which brought in hundreds of people to gather on Christmas Eve and hoped for a bigger and better event next year. 12. NEW BUSINESS DRAFT 10.008 A. Natural Resources Board Presentation and Request for Consideration of 109 Adoption of Spoil Island in Cooperation w/ DEP (Board Transmittal) Ken Grudens, Natural Resources Board, gave a power point presentation prepared by Environmental Planner, Margie Reynolds, on a proposed Adopt -An- Island program, citing the Board's ability to adopt either island 1 or 9B under the auspices of and funded by the Florida Inland Navigation District, to install picnic areas and provide transportation and materials to maintain the island on a quarterly basis. Ms. Reynolds noted there would be no cost to the City. City Council thanked them for their presentation and gave their consensus to proceed. 10.009 B. Natural Resources Board Presentation and Request for Establishment of Letter 111 -116 Boxing Project (Board Transmittal, Information) Robin Graves, Chairman, Natural Resources Board gave a presentation on Letterboxing, a family treasure hunting program which would bring people to Sebastian and introduce them to the environment, which could kick off on Earth Day and tie in with the County Greenway project. Mr. Hill said this was something his family had done and his children love it. City Council gave its consensus for the Board to proceed. 10.010 C. Approve 2010 Pelican Island Wildlife Festival at Riverview Park on March 13, 117 -121 2010 Consider Sale of Beer and Wine, Use of Old Beall's Parking Lot, and Use of 1 -95 Billboards for Advertisement Approve Closing of Sebastian Blvd. from just past Hess Station East to Indian River Dr. and Indian River Dr. from Coolidge St. South to Southern End of South Parking Area from 6 a.m. to 7 p.m. Approve Restricting North Half of Yacht Club Boat Ramp from 10 a.m. to 6 p.m. (Parks Transmittal, Letter) The City Manager said this annual request is under New Business because of their new request for beer and wine sales and use of the 1 -95 billboards to post banners. 8 Regular City Council Meeting January 13, 2010 Page Nine Mr. Hill expressed concern for the banners because of the poor condition of the banners currently on the billboards for the Art and Music Festival which he said look terrible and are an embarrassment to the City because they have blown off and can't be read. Discussion followed as to how they are installed and whether that problem should be alleviated before any other approvals for the banners are approved. In response to Ms. Coy, the City Manager said the City had paid a fee to have them installed, he will talk to the Festival people, and was considering sending City workers out to fix them. All members of Council agreed that no further approvals should be given until this is resolved. MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve the request for the Pelican Island Wildlife Festival minus the billboards. The President of the Pelican Island Preservation Society said they would take out the banner request for now. Result of the roll call: Ayes: Coy, Wright, Gillmor, Hill Nays: None Passed 4 -0 DRAFT 10.011 D. Approve Staff Ranking and Authorize Negotiation and Execution of Agreement 123 -223 for Investment Advisory Services with PFM Asset Management (Administrative Services Transmittal, Minutes, Score Summary, RFQ Response) Finance Director, Ken Killgore gave a brief presentation on the recommendation of the ranking committee to negotiate an agreement with PFM Asset Management for three years and two additional one year extensions, citing their qualifications. Mr. Wright cited their professional presentation and commended Mr. Killgore for obtaining the proposals. MOTION by Ms. Coy and SECOND by Mayor Gillmor to approve staff ranking and authorize negotiation and execution of agreement for investment advisory services with PFM Asset Management. Result of the roll call: Ayes: Wright, Gillmor, Hill, Coy Nays: None Passed 4 -0 Regular City Council Meeting January 13, 2010 Page Ten 10.012 E. Approve Staffs Ranking and Authorize Negotiation and Execution of Agreement 225 -258 for Financial Advisory Services with First Southwest Company (Administrative Services Transmittal, Minutes. Score Summary, RFQ Response) Finance Director, Ken Killgore gave a brief presentation on the recommendation of the ranking committee to negotiate an agreement with First Southwest, citing his nine years of service with them and his high regard for their capabilities. Mr. Wright inquired about the "fee of 0.5 indicated on circle page 252 and asked if the City pays that. Ed Stull, Managing Director, First Southwest Company, responded that on a bond there is sometimes an investment contract and they go out and get purchase agreements and that fee is paid to the firm by those parties. MOTION by Mr. Hill and SECOND by Mr. Wright to approve (staff ranking and authorize negotiation and execution of agreement for financial advisory services with First Southwest Company). Result of the roll call: Ayes: Gillmor, Hill, Coy, Wright Nays: None Passed 4 -0 DRAFT The City Manager discussed review of options for bond refinancing to address needed street improvements and he would bring further information back to Council. 09.072/10.013 F. Consider Deferral of Rent Under LoPresti Airport Lease (Airport Transmittal, 259 -262 Options) The City Manager presented the LoPresti lease deferral options, noting the request is a result of the economic downturn for the general aviation market, noting their sales are down by 50 He said if Council approves this, there will be need for a first amendment to their airport lease. Mayor Gillmor said the fourth option is to say no and said he would like to hear from Mr. LoPresti. Mr. Hill said there are extraordinary times and he did not know of a company not trying to renegotiate, that our largest airport tenant is asking for our help and the worst case scenario is you give him nine months and then he leaves. Mr. Wright said he is seeing lease negotiation constantly and it is important to think of the long term impact, said this is a good opportunity to see that they stay in business, and noted that LoPresti invested their own money into the hangar. The Airport Director said LoPresti spent $42,000 of its own money on green issues the City could not do and another $12,000 for a heater /ac unit. 10 Regular City Council Meeting January 13, 2010 Page Eleven Curt LoPresti read a prepared statement to Council, citing the reasons for the need to ask for a deferral and the importance of their partnership with the City. Mayor Gillmor noted LoPresti had paid 2% to Vero Beach stating that was a real partnership, also noting that in Vero Beach LoPresti had paid for all of its insurance which the Sebastian pays for now. He asked if he had considered furlough days for its staff as the City does. Mr. LoPresti said they have already done that. Mr. Hill said $3,700 doesn't mean a lot to the City but does to a man struggling to keep his business open. Ms. Coy said she does see a partnership with LoPresti, they have been good tenants, the first Saturday is beneficial to the City of Sebastian and she saw this as an opportunity to give him more time and to continue to employ 22 people in the community, said the Fury will be a reality one day and if we treat them as a good partner it will open the door for future negotiations. She said they will do what they can to get back on their feet. MOTION by Mr. Hill and SECOND by Mr. Wright to approve LoPresti requested option 1 nine months no rent, tenth month pay full rent and start repay at $1,000 a month. Damien Gilliams said Council is setting a policy at the airport for other tenants and it is a slippery slope, recommended waiting for the fifth member of Council and bring LoPresti employees in to see their support. He asked if there was any collateral and recommended a postponement to answer questions. Mimi Erskine, LoPresti employee, said staff was not here because she asked them not to come because of early morning work hours. Mayor Gillmor expressed concern for $4,700 per month hit to the City with no collateral. Ms. Coy said if he goes out of business there are $50,000 in improvements to the City. Mr. Wright said we are not waiving our rights to collect, this does not create a huge problem for the enterprise fund and if others come forward they will be looked at on a case -by -case basis. Result of the roll call: Ayes: Hill, Coy, Wright, Nays: Gillmor Passed 3 -1 13. CITY ATTORNEY MATTERS DRAFT 10.014 A. Report on Circuit Court Transmittal Case No: 2008 -2262 CA25 263 -268 Frank Romeo vs. City of Sebastian (Decision) The City Attorney gave a report on the decision of the Circuit Court to uphold the Board of Adjustment Romeo case. He said this is a good opinion on a land use basis. He said in a month or two he may be coming back to you for further action on this issue. He said this has vindicated the Homeowners Association position. 11 Regular City Council Meeting January 13, 2010 Page Twelve 14. CITY MANAGER MATTERS The City Manager updated Council on the FDOT Barber Street project: January 25 preliminary schedule for public information meeting, next week City staff will begin cutting culverts; advertisement will be done prior to project start; FDOT will set up shop in Sebastian, and February 11 project start date. He noted the project is anticipated to run 256 days and asked for residents to bear with the City on this project. 15. CITY CLERK MATTERS None 16. CITY COUNCIL MATTERS A. Council Member Wolff Absent B. Council Member Wright C. Manor Gillmor none D. Vice Manor Hill none E. Council Member Coy Ms. Coy expressed her sorrow to people of Haiti and urged people to give what they can. 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 9:42 p.m. Approved at the January 27, 2010 Regular Meeting. By: Richard Gillmor, Mayor ATTEST: Sally A. Maio, MMC City Clerk Mr. Wright requested that a tax abatement request application and bare bones guidelines be posted on the City website. 12 Subject: Annual Tree City USA Recertification Ap rov for Submittal by: el/_ Agenda No. Department Finance: 1 f Origin: GM City Attorney: City Clerk: Al n r, City Manager Date Submitted: For: Meeting January 20, 2010 of Jan. 27, 2010 Exhibits: Application and supporting materials EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: anar HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY 2009 marks the tenth year that the City is seeking recertification as a Tree City USA through the National Arbor Day Foundation. Each year the Arbor Day Foundation requests that participating cities provide documentation of their Arbor Day observance and illustrate that expenditures for the program are equivalent (or greater than) $2 per capita. For 2009, Staff estimates that $63,889 went towards new trees and staff costs in maintaining trees throughout the City, exceeding the $2 per capita requirement. RECOMMENDATION Staff recommends the Mayor sign the application and authorize Staff to transmit the package to the Arbor Day Foundation. I TREE CITY USA Application for Recertification Mail completed application with requested attachments to your state forester no later than December 31. The TREE CITY USA award is in recognition of work completed by the community during the calendar year Please provide information for the year ending. (Some states require information in addition to the requested on this application. Check with your state foresters.) As Mayor of the community of City of Sebastian (Title Mayor or other city official) I herewith make application for this community to be officially recertified as a Tree City USA for 2009 having achieved the standards set forth by The National Arbor Day Foundation as noted below. (year) Standard 1: A Tree Board or Department List board members, and meeting dates for the past year; or name of city department and manager. Attached Standard 2: A Communit Tree Ordinance Check One: Our ordinance as last submitted is unchanged and still in effect. 0 Our ordinance has been changed. The new version is attached. Standard 3: A Community Forestry Program with an Annual Budget of at Least $2 Per Capita Total community forestry expenditures 63 889 Community populations 22 /22 Attach annual work plan outlining the work carried out during the past year Attach breakdown of community expeolituses. Standard 4: An Arbor Day Observance and Proclamation Date observance was held November 18 2009 Attach program of activities and/or news coverage. Attach Arbor Day proclamation. Signature Please type or print the following: Mayor or equivalent: Name: Richard Gillmor Title: Mayor Address: 1225 Main St. City, State, Zip: Sebastian, FL 32958 Phone 772-388 -8214 Email: City, State, Zip. Sebastian, FL 32956 Title Date City Forestry Contact: Name: Rebecca Grohall Title: Growth Manaeement Director Address: 1225 Main St. Phone 772 -388 -8228 NOTE: Application will not be processed without Standard 3 and 4 attachments. Email. rgrohall @cityofsebastian.org Certification (To Be Completed By The State Forester) (Community) The above named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be recertified as a Tree City USA, for the calendar year, having in my opinion met the four standards of achievement in urban forestry. Signed State Forester Date Person in State Forester's Office who should receive recognition material: /5 Name: UPS Address: Title: City, State, Zip Agency: PH Email: Charlie Marcus Urban Forestry Coordinator Florida Division of Forestry 3125 Conner Blvd. Tallahassee, FL 32399 January 20, 2010 Dear Charlie, Membership Robin Graves, Chair Eric Spoksas Ken Grudens Scott Nelson Barbara Salmon Albert Alvarez CIIYOF HOME OF PEUCAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 Enclosed is our application for recertification in the Tree City USA program. This has been the tenth year of the City's participation in the Tree City USA program. Arbor Day Proclamation The City of Sebastian held their Arbor Day proclamation on November 18, 2009. The proclamation is enclosed. The observance was held on the date of the proclamation and in conjunction with the Earth Day festivities in April of 2009, including giving away trees. The Tree Board was renamed last year as the Natural Resource Board, and the following is a list of the membership and meeting dates: Meeting dates 1/6/09 7/7/09 2/3/09 8/4/09 3/3/09 9/1/09 4/7/09 10/6/09 5/5/09 11/3/09 6/2/09 12/1/09 *Special work meetings /field trips to conduct Brazilian Pepper eradication on City parks were held on 6/6/09 and 10/24/09. Page 2 Tree City USA recertification Per Capita Expenditures The City has committed to spending at least $2 per capita on tree related programs and the City's population is currently estimated to be 22,722 (2009 BEBR attached). The City's Parks Department operates with nearly $800,000 annual budget. These funds go for staff salaries, maintenance of parks and recreational amenities, mowing, tree care, equipment, etc. Utilizing a very conservative estimate, the Parks employees utilize five to ten percent of their time, while the Environmental Planner spends 25% of her time on community forestry program: The City has focused on purchased native trees like Live Oaks, Magnolia, Palatka Holly, and Cabbage Palm at several projects including Main Street Boat Ramp project in the amount of $9,579, 512 Flagpole project $875, Public Works Compound $1,500 and the newly created Dog Park $780.00. The itemized expenditures associated with the City's community forestry programs are estimated as follows: Parks Superintendent (5 $3,339 Parks Supervisor Maintenance Crew (10 $33,578 Secretarial support to the Natural Resources Board (City Clerk) $3,000 Environmental Planner (25 $10,373. Trees at City Projects $13,599 2009 Total Expenditure 63,889 Between staff salaries and expenditures for trees, the City will spend well over $60,000 on community forestry related programs, which exceed the $2 per capita commitment required by the Tree City USA program. Work Plan The City's forestry program has focused on regaining tree canopy by adding native trees to City owned property after several devastating hurricanes. Additionally the work plan for 2009 focused also on the removal of nuisance species on city owned lands. To that end, the City's Natural Resources Board had two days set aside for brazilian pepper removal on two of the City's passive parks these dates were June 6 and October 24 2009. Additional "pepper busting" days are planned for 2010 with the first one occurring in February. We look forward to your review of the package. If you have any questions regarding the City of Sebastian's application for recertification, please feel free to contact me at (772) 388 -8228. Sincerely, 6 1146L12— e Rebecca Grohall, AICP Growth Management Director c: Al Minner, City Manager WHEREAS, IN ..357 s terling dorton .proposed to 'the 'Nebraska Board of Agriculture re tat a especial da set aside for tlie:planting of trees; and :WHEREAS, this Eolac ay Wiled Arbor Pay, was firSt observed With the .planting of more than a.anillion trees in Nebraska; and WHEREAS, Arbor :gay is no* observed. throughout the nation .and the world; and -WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and. cooling :costs, moderate temperature, Mclean: the air, produce oxygen and provide tat for dlife; :end i iHERRAS, trees are .a sertewable resource, :fuel for :fires and countless other wood Products; and its paper, wood for Our .homes, WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas and beautify our community, and wherever planted, are a source of joy and 'spiritual renewal NOW THEREFORE, 1, Richard Giilmar, by virtue of the authority vested in me as Mayor of the City of Sebastian in, observance of ARBOR DAY. do hereby procl�m November 18, 2009 as a day to urge .all citizens to support efforts to protect our trees and woodlands and ,support our City's urban .forestry program and .further urge all citizens to plant trees to gladden the beasts and promote the well-being of present and fie generations_ IN `WITNESS WHEREOF, have hereunto set my .hand and caused the seal of the City of Seb o d Florida, to be affixed this .18th day ofNovember 2009_ Sally A. City Clerk BY JANET B Correspondent S Ai and water pollution st ormwater runoff loss; cif wetlands. Can saving the earth ever be considered furl That's the question environ- mental organizations tried to answer Saturday as Indian Riv- er County celebrated Earth Day sources Board. "Earth Day brings us together with one common goal —to bring aware- ness on how we should care for our environment." This year's celebration in- cluded displays by about 40 earth friendly groups including Keel Indian River Beautiful and the Sebastian Pro perty Owners Associati "This is the only planet we at Riverview Bark in Sebastian. have and we are slowly destroy Co- s'o axed by the Indian u>g; it,'' said; Krisiy; Sturdivant, River Green Team and the Nat executive director ofKKeep Indi oral Resources Board, the clay an Kiver Beautiful. `'We need to tape steps now so we can secure was filled with events revolving ©ui' future around the central theme of ce Z inn p Owent n of the Sebastian Property. er's "It brings into focus the eon Association, said events such as dit ens that are plaguing us Day really bring to the right here in Indian liver `forefront the important of County," said Crony Koerner, working together. 'as a comrnu- chairman "To me, it's always. about get a way to get children involved tang people toogether be .said w•th the world around them. "Hopetlilly, �`�ents like. thi.� w171 Y rDur :most :'important• re- encourage peQp volunteer source is our children she environment' a nd with every- h d t he im of liv day` hying," in hatrnon th our ]an It's the second time Sebastian et." and hero Beach have comb Sherry; and Louie St. Petery ebastian brought lion, according to Green Team 113-month-old twins Lou and Lee cy «m ti had Its a, "But Earth by wide" celebra� lot of .ho Day." of the Natural Re- pity. She .a ter hel their neighbors both th said We need to help them un ing y wi p the green reso celebra- urces of both communities for Ececu#tve' Director Nan to the celebration. e p we et>Joy coming to that it sacra a beautItui aayana me park," It, each coiinmuty We re said Sherry St. Petery. vent," wood ni said. e event, also d cle d th p avi recyclers an L y me a county we think this a great way t �n Itd States get more ,n t Earth Day United Sebastian City. Council in needs: to her Andrea Coy spoke in the Earth' ope oerezxionies; reminding 'There area celebrao me t m .the e, e on residents of the importance of the event serves as trim for the earth. Sebastian PRELIMINARY POPULATION ESTIMATE (PERMANENT RESIDENTS) APRIL 1, 2009 THE POPULATION ESTIMATE PROPOSED FOR STATE REVENUE SHARING, 2010 -2011 FISCAL YEAR IS 22,722. YOUR PRELIMINARY POPULATION ESTIMATE FOR APRIL 1, 2009 IS 22,722 PLEASE MARK THE APPROPRIATE. RESPONSE AND RETURN ONE COPY OF THIS FORM BEFORE SEPTEMBER 15, 2009. RETAIN THE OTHER COPY FOR YOUR FILE. V I HAVE REVIEWED THIS PRELIMINARY POPULATION ESTIMATE AND CONSIDER IT TO BE REASONABLY CORRECT. I HAVE REVIEWED THIS PRELIMINARY POPULATION ESTIMATE AND DO NOT CONSIDER IT TO BE REASONABLY ACCURATE. I BELIEVE A MORE ACCURATE ESTIMATE WOULD BE I REQUEST THAT YOU RECONSIDER YOUR PRELIMINARY ESTIMATE. I HAVE REVIEWED THIS PRELIMINARY POPULATION ESTIMATE AND DO NOT CONSIDER IT TO BE REASONABLY ACCURATE. I AM ENCLOSING DOCUMENTATION WHICH I BELIEVE SUPPORTS AN APRIL 1, 2009 ESTIMATE OF I REQUEST THAT YOU REVIEW THIS DOCUMENTATION AND RECONSIDER YOUR PRELIMINARY ESTIMATE. TOTAL PRELIMINARY PRELIMINARY EST. CENSUS POPULATION ESTIMATE INMATES LESS INMATES 4/1/00 CHANGE 4/1/09 4/1/09 4/1/09 16,181 6,541 22,722 0 22,722 *4_ DATE TITLE COUNTY INDIAN RIVER €Q& SIGNATURE IF FUTURE CORRESPONDENCE SHOULD BE SENT TO AN ADDRESS OR PERSON DIFFERENT THAN THAT CURRENTLY LISTED, PLEASE ENTER THE NEW INFORMATION BELOW. PLEASE PRINT IF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT THIS ESTIMATE YOU MUST REQUEST A REVIEW BEFORE SEPTEMBER 15, 2009. BUREAU OF ECONOMIC AND BUSINESS RESEARCH UNIVERSITY OF FLORIDA 221 MATHERLY HALL P.O. BOX 117145 GAINESVILLE, FL. 32611 -7145 FAX (352) 392 -4739 Subject: Approval of Settlement in the Case of Barbara Ricci vs. the City of Sebastian Aparo JZ er for Submittal by: City Manager Exhibits: Settlement Agreement at Mediation SUMMARY The plaintiff alleged the City of Sebastian negligently maintained its premises around the City's municipal golf course clubhouse by allowing the entrance to be wet and slippery due to algae or mold. She further alleged the moisture was caused by a dripping drainage pipe extruding from the side of the building and as a result, she slipped on the sidewalk, injuring her right forearm and aggravating a prior low back injury on July 27, 2006. The City and our insurance carrier at the time, Preferred Governmental Claims Solutions, are represented by the firm of Bell, Roper Kohlmyer, P.A. At the plaintiff's request, it was agreed to enter into an early mediation before incurring additional expenses in preparing for a trial. The mediation was held from 9:00 a.m. to 3:30 p.m. on January 8, 2010 with Mr. Greg Miles of Mediate First, Inc. The Plaintiff's opening position was a settlement for $100,000 but after a significant number of back and -forth exchanges, agreement was reached to dismiss the lawsuit in exchange for a total payment of $32,500, subject to City Council approval. The City's cost therefore would be $10,000, which is the amount of the insurance policy deductible. RECOMMENDED ACTION HOME OF PELICAN ISLAND City Council Agenda Item Agenda No. 10- 020 Department Origin: Administrative Services City Attorney: City Clerk: Date Submitted: January 19, 2010 For Agenda of: January 27, 2010 The Finance Director, City Attorney and Outside Counsel recommend that the City Council move to approve the Settlement Agreement at Mediation. BARBARA RICCI, Plaintiff(s), vs. CITY OF SEBASTIAN, FLORIDA Defendant(s). IN THE CIRCUIT COURT IN AND FOR INIDIAN RIVER COUNTY, FLORIDA Case No.: 20080819 -CA -11 SETTLEMENT AGREEMENT AT MEDIATION THE PARTIES hereto have reached the following agreements, at Mediation Conference in full and complete resolution of the above styled litigation: 1. The Defendant(s), 4.e4 eka'z ,agree to pay the total sum of (it•4y 4 i ♦l,aa sj2 F.' kvvi vcQ DOLLARS 3 2,.1i'4z to the Plaintiff(s) within zo days. The Plaintiff's attorney's Tax Identification number is !T26 3 In the event the settlement draft is not honored, after presentment, by the bank for any reason, this Settlement Agreement is voidable at the option of the Plaintiff, and any release or dismissal executed in contemplation of the Agreement shall be treated as nullities. 2. The Plaintiff(s), 91 /a ?o" t ,shall promptly dismiss the lawsuit with prejudice, and shall execute a mutually acceptable Release of the Defendant(s). des /a 1.• L It is contemplated by the parties that the Release will contain "Dyess" language to prevent unintended forfeiture of group health or other similar insurance. 3. The Plaintiff(s) shall satisfy or resolve all liens and subrogated interests and shall hold the Defendant(s) harmless from same. 4. All parties agree to promptly execute all documents and to perform all acts necessary to complete this Settlement Agreement. 5. All parties agree to bear their own costs and attorneys fees. 6. All parties herein stipulate that the trial court shall retain jurisdiction to enforce all terms of the Settlement Agreement. 7. Other agreements: /GC.h►#Eis' —F1.% f(c 8. All parties acknowledge that all of their agreements are stated in full above. SIGNED this day of :..T: t at t/,' Pl�inti Attorney for Plai Douglas B. Beattie James A. Cabler Donna C. Doyle Gregory P. Miles Charles M. Rieders Mark S. Walker William H. Lore David C. Schwartz .„4L-I.J-1 Defendant Defendant I urance Representative Attorney for fie, Mediate First Inc. 200 E. Robinson Street Suite 700 Orlando, FL 32801 407 649 -9495 800 -851 -9173 admin@mediatefirstinc.com www.mediatefirstinc.com Florida. AGENDA TRANSMITTAL Subject: Sebastian Aero Services; notice of sale /stock transfer or Submittal by: er, City Manager Agenda No. (O, 0 2 Department Origin: Municipal Airport Director: J. Griffin Finance Director: K. Killgofe City Clerk: S. Maio City Attorney: R. A. Ginsburg Date Submitted: January 20, 2010 For Agenda of: January 27, 2010 Exhibit: A. Correspondence and LOI; B. SAS Lease and MEMOs EXPENDITURE REQUIRED: -0- AMOUNT BUDGETED: -0- APPROPRIATION REQUIRED: -0- SUMMARY Sebastian Aero Services (hereinafter SAS) operates the only FBO Fixed Base of Operation/Fixed Base Operator at the Sebastian Municipal Airport. SAS is an FAA approved maintenance base that provides an array of FAA approved services to the aviation community. SAS has provided to airport staff a Letter of Intent indicating an imminent sale agreement between SAS and Treasure Coast Aviation (hereinafter TCA). If consummated, the sale would transfer 100% of SAS stock to TCA. Airport staff has investigated TCA and finds them qualified and acceptable to operate an FBO at SMA. Exhibit A indicated TCA's plans at SMA. The SAS lease agreement, Exhibit. B, provides that any lease assignment requires notice to Council. ACTION Affirmation of Council Notice of stock transfer /sale, and lease assignment. 1 follows: RESOLUTION NO. R -10-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO REPRESENT THE CITY OF SEBASTIAN IN THE SALE/TRANSFER OF LEASEHOLD ASSETS BETWEEN SEBASTIAN AERO SERVICES AND TREASURE COAST AVIATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian owns certain real property at the Sebastian Municipal Airport; and WHEREAS, Sebastian Aero Services is a bona fide leaseholder at the Sebastian Municipal Airport; and WHEREAS, Sebastian Aero Services and Treasure Coast Aviation have signed a "Letter of Intent" for the sale of assets from Sebastian Aero Services to Treasure Coast Aviation, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as SECTION 1. Authorization. The City Manager is hereby authorized to monitor the sale and asset transfer of the leasehold from Sebastian Aero Services to Treasure Coast Aviation. SECTION 2. Time. The City Manager is authorized to grant 120 days for consummation of the lease assignment from Sebastian Aero Services and Treasure Coast Aviation. SECTION 3. Conflicts. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. Effective Date. This resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Council Member The motion was seconded by Council Member and, upon being put into a vote, the vote was as follows: Mayor Richard H. Gillmor Vice Mayor Jim Hill Council Member Andrea B. Coy Council Member Donald Wright Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 27th day of January 2010. CITY OF SEBASTIAN, FLORIDA By: Richard H. Gillmor, Mayor ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Robert A. Ginsburg, City Attorney ac) January 15, 2010 Mr. Joe Griffin Airport Director City of Sebastian 202 Airport Drive East Sebastian, FL 32958 Sincerely, R. A. Van Wyck President Sebastian Aero Services, Inc. Se6cxsfictn Aero Services Dear Mr. Griffin, This is to advise that Sebastian Aero Services, Inc. intends to transfer 100% of Sebastian Aero Services, Inc. corporate stock, a Florida Corporation registered in and operating in the state of Florida, to Treasure Coast Aviation, Inc. also a registered in and operating in the state of Flo Mr. Marc Isott is the CEO of the above mentioned corporation. It is his intention to continue offering the same goods and services that Sebastian Aero Services, Inc. now provides while "sprucing up" and raising the standards to that of a FIRST CLASS FBO. Mr. Isott anticipates initially creating 5 -6 jobs and more later as the business grows. Mr. Isott currently operates two successful FBO's in the state of Florida and I feel his experience and expertise in the aviation field would be a great asset to the airport and the community. Please take whatever steps you deem necessary to facilitate a smooth transfer. 300 WEST AIRPORT DRIVE SEBASTIAN, FLORIDA 32958 (772) 589 -0800 FAX (772) 388 -0800 Treasure Coast Aviation Inc 900 Airport Road Merritt Island Florida 32952 Mr. Joe Griffin Airport Director City of Sebastian 202 Airport Drive East Sebastian F1' 32958 January 14th 2010 Dear Joe Griffin Please allow me to introduce our company to the City of Sebastian. We are group of 20+ aviation companies worldwide that invest and develop strategic aviation companies. Our activities include aircraft sales, aircraft charter, aircraft maintenance and flight training operations. Our parent company Cabair is based in the UK and started business in 1967. We currently operate two successful FBO's in Florida. The USA business was opened in 1998, and to date we operate revenues in, excess of $7M per year and employ over 65 people in Central Florida The acquisition and development of SAS inc will include future job creation and expansion of the Sebastian Airport. We intend to exercise the privileges of the current leasehold as detailed in the City of Sebastian lease. Initially, our intention is to clean and tidy the existing leasehold, and to operate similar airport activity as previous. If you have any question please advise Look forward to working with the City of Sebastian ;`Sincerely This letter of intent is entered into this 15 January 2010, between Treasure Coast Aviation Inc, referred to as TCA, 900 Airport Road Merritt Island Florida 32952 (purchaser) and Sebastian Aero Service Inc, referred to as SAS, 300 West Airport Drive Sebastian Florida 32958 (seller). Purchaser will buy 100% stock of Sellers corporation, paid in cash at closing. This LOI shall serve as official notification of intent to transfer SAS Inc stock to TSA Inc Agreed Marc Issott Treasure Coast A Inc Buyer R.A Van WycK President Sebastian Aero Service Inc (seller) Letter of Intent cc: Airport Finance Growth Mgt. Clerk HOME OF PEUCAN ISLAND 1225 Main Street Sebastian, FL 32958 772 388 -8200 772.581.0149 fax aminner@cityofsebastian.org www.cityofsebastian.org MEMORANDUM TO: Robert A. Van Wyck RE: Lease; Sebastian Aero Services, Inc. DATE: December 10, 2009 This office is in receipt of your MEMO of December 4, 2009. I concur with your rationale regarding the dissolution of the partnership name on your leasehold at the Sebastian Municipal Airport. Therefore, as of this date, Sebastian Aero Services, Inc. will be the "official" name utilized by the City in reference to your leasehold. Correspondence relating to this matter shall be attached to official City documents relating to your lease. If I may be of future assistance, please contact this office. Sebcxsfan Aero services MEMORANDUM TO: Al Minner, City Manager RE: Lease; Sebastian Aero Services, Inc. DATE: December 4, 2009 I request that the name on my Lease be changed. The Lease, signed 28 April 2000, was between the City of Sebastian and 13 S Investments d/b /a/ Sebastian Aero Services, Inc. B &S was a partnership that was extinguished when my partner passed away. The partnership no longer exists. Sebastian Aero Services, Inc. is the surviving entity and is properly listed with the Florida Secretary of State, Division of Corporations. Thank you for your timely attention to this matter. Robert A. Van Wyck President, Sebastian Aero Services, Inc. 300 WEST AIRPORT DRIVE SEBASTIAN, FLORIDA 32958 (772) 589 -0800 FAX (772) 388 -0800 (30 AIRPORT LEASE THIS LEASE, made and entered into thisos day of April, 2000, 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 B S Investments d/b /a Sebastian Aero Services (hereinafter referred to as the "Tenant The Landlord and the Tenant are sometimes collectively referred to herein as the "parties WITNES SETH: 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 Municipal 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 above stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, 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" annexed hereto and made a part hereof by reference (hereafter referred to as the "leased premises along with improvements thereupon including a 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 thirty (30) years commencing June 17, 2000, and will end on the thirtieth (30th) anniversary of such date. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) For the leased premises the yearly rent shall be four thousand two hundred twenty -one dollars ($4221). 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 November of 2001, the Landlord will compare the most recent price index with the base price index for November 1999, and the yearly rent amount shall he increased based upon changes in the price index, if appropriate, on December 17, 2001. Another such adjustment shall be undertaken for December 17, 2006, and every year thereafter until the twentienth anniversary date of the lease. No later than January 15, 2020, Landlord shall commission a certified real estate appraiser to place a valuation on the Leased Premises, including all improvements thereupon except those constructed by Tenant during the term of this lease, and establish a rental value for the same. Within sixty days after delivery to Tenant of the appraisal, Tenant may either accept the rent therein or give notice of its intent to terminate the lease. Either the rent adjustment or the termination shall take efferct on June 17, 2020. If the rent is adjusted accordingly, on June 17th of each remaining year under the Lease there shall be annual adjustments to reflect changes in the consumer price index in the manner set forth above. In no event, however, shall the rent decrease below the sum of $4221. (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 2 days of when due, Tenant shall pay 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 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 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. 3 (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 two cents (2¢) for every gallon of aviation fuel sold 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. 6. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the primary purposes of aircraft sales, repair and maintenance, flight training and sale of fuel, and that in order to utilize the leased premises for this purpose, it will 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 upon the leased premises any additional buildings or other structures, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any 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 (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 buildings or structures. 4 (c) All buildings, structures 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. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at its expense. 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. The Tenant agrees that the leased premises shall be used by the Tenant primarily for the purposes of aircraft sales, repair and maintenance, flight training and sale of fuel, but Lessee shall also have the nonexclusive right to provide charter and rental flights of aircraft, and the leasing of hangar space and/or tie down service. 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 5 for any reason. All aeronautical businesses and activities must be certified and licensed by 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 tenn or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parking and service areas located on the leased premises, in a good state of maintenance and repair and to 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 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, janitor service or any other utility or service consumed in connection with the leased premises. 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 6 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, including those portions of the said premises used for driveways, walkways, and parking areas. The insurance coverage to be maintained by the Tenant shall contain limits of not less than $500,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. 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 Council of the City of Sebastian. Landlord will give written notice of any such change to Tenant, and such 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 and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. 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. 7 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 buildings and improvements on 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 and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. 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 building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said building 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 principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the building and other improvements on 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. Provided, 8 however, that all repaired and/or replaced building and other improvements nre repaired/replaced in a manner equal to or better than the building/improvement being repaired or replaced. (a) If the Tenant, under its option, elects not to repair and/or replace the building and improvements upon 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 building and improvements upon the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom. 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 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 9 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. It 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 teams 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 land, building and/or improvements on the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to 10 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 seeldng 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 released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County. 11 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 I 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 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 12 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: B S Investments, Inc. 300 West Airport Drive Sebastian, FL 32958 Attn: R. A. Van Wyck 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 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 property 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. HEIGITT/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 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 or national origin shall be excluded from 14 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 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 or interest hereunder without the prior written consent of the Landlord, which consent may be withheld for any reason. 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. 15 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 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 16 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: Approved as to Form and Legality for Reliance by the City of Sebastian only: t Rich Stringer, City orn truig ty eY B S Investments, Inc. d/b /a Sebastian Aero Services 11111 By: R. A Van Wyck, President CITY OF SEBASTIAN A unici Corporation ma Terrence R`Moore, City Manager Corporate Seal: 17 IN THE EVENT the United States Government at any time during the term of this lease takes over the operation or use of said airfield and /or airport with the result that the Lessee is unable to operate under the terms of the lease, then the lease shall be extended for an additional period equal to the time the Lessee has been deprived of the value of this lease. IN THE EVENT of eminent domain proceeding or any other proceeding which results in loss to the Lessee of a substantial portion of the premises leased by the Lessee, the Lessor and the Lessee agree that if this loss makes it impractical or unreason- ably difficult for the Lessee to carry out the purposes for which the premises were leased, then this lease may at the option of the Lessee be cancelled and the Lessee is relieved of any obligation to pay rent on the portion lost by the Lessee. In the event of a dispute between the Lessor and the Lessee as to what constitutes an impractical or unreasonably difficult condition for the Lessee to carry out the purposes for which the premises were leased, the dispute. shall be submitted to a committee consisting of the Lessee, a member of the Airport Advisory Board and a third arbiter. selected by the Lessee and the Airport Advisory Board. LESSEE will be subject to all standard lease clauses of the FAA and their rules and regulations now existing or to exist in the future. LESSEE FURTHER COVENANTS AND AGREES that the Lessor shall have the privilege at all reasonable times to re -enter the said leased premises for the purpose of inspecting the property and determining whether all terms, conditions and covenants and agree- ments herein are being complied with by the Lessee. Business to be conducted at such hours to be determined by the Airport Advisory Board which would not be an unreasonable request. LESSEE agrees to conform to ALL governmental pollution standards, requirements and guidelines. W. BROWN ASSOCIATES INSURANCE SERVICES 54 300 West Airport Drive, Sebastian, FL 32958 POLICY NO. POLICY PERIOD FROM: INSURANCE COMPANY: NAF3036301 August 23, 2006 DESCRIPTION OF COVERAGES AND LIMITS OF LIABILITY: General Aggregate Limit (Other than Products Completed Operations) Products Completed Operations Aggregate Limit Personal Injury Advertising Injury Aggregate Limit Each Occurrence Limit* Fire Damage Limit (Any One Fire) Medical Expense Limit Hangarkeepers' Each Loss Limit Hangarkeepers' Each Aircraft Limit Hangarkeepers' Deductible Property Damage Deductible $2,500.00 per claim W. Brown Associates Insurance Services CERTIFICATE OF INSURANCE TO: XL Specialty Insurance Company $2,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 50,000.00 1,000.00 100,000.00 100,000.00 2,500.00 per aircraft Date of Issue: September 5. 2006 19000 MacArthur Blvd., Suite 700 Irvine, CA 92612 (949) 851 -2060 THIS IS TO CERTIFY TO: The City of Sebastian, 1225 Main Street, Sebastian, FL 32978 THAT THE FOLLOWING POLICY OF INSURANCE HAS BEEN ISSUED TO: Sebastian Aero Services, Inc. August 23, 2007 As respects the above Certificate Holder: SECTION II WHO IS AN INSURED is amended to include as an insured the person or organization, but only with respect to liability arising out of the Named Insured's aviation operations. Subject to Y2K Endorsement Information contained herein valid August 23, 2006 This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Should any of the above described policy(ies) be canceled before the expiration date hereof, the issuing company will endeavor to give 30 days* notice to the certificate holder named herein. However, failure to mail such notice shall not impose any obligation nor any liability of any kind upon the company, its representatives or agents. *10 days for non payment Cert No.: 1 QnOF SE BILS HOME OF PEUCAN ISLAND AGENDA TRANSMITTAL Subject: Boy Scout Camporee at SMA iron A or Submittal by: er, City Manager Agenda No. 10, 0 Z Z Department Origin: Municipal A Airport Director: J. Griffin Finance Director: K. Killgore City Clerk: S. Maio City Attorney: R. A. Ginsburg Date Submitted: January 27, 2010 For Agenda of: January 20, 2010 Exhibit: A. Camporee Plan; B. License Agreement EXPENDITURE REQUIRED: -0- AMOUNT BUDGETED: -0- APPROPRIATION REQUIRED: -0- SUMMARY The Indian River District of the Boy Scouts of America has requested the use of areas within the Sebastian Municipal Airport for an aviation themed Camporee. The inclusive date(s) are March 5 through 7, 2010. These dates coincide with the LoPresti "1 Saturday" event of March 6, 2010. Airport staff has been working with Scout leaders coordinating proper venue sites within airport property for the Camporee. Since this is considered a charitable event, no charge will be levied on the Scouts for use of airport facilities. Exhibit A outlines the Camporee Plan. Exhibit B is the License Agreement between the Scout Gulf Stream Council and the City of Sebastian. RECOMMENDED ACTION Approve License Agreement with the Indian River District, Gulf Stream Council of The Boy Scouts of America for a Camporee at the SMA March 5 through 7, 2010. Indian River District Boy Scout Camporee plan, March 5 6 and 7th The Boy Scouts of America, Gulf Stream Council, Indian River District are planning an aviation themed scouting event at the Sebastian airport. The Boy Scouts of Indian River County will be camping at the airport the nights of March 5 and 6 The Boy Scouts will arrive on Friday afternoon, March 5 and will depart by noon on Sunday, March 7 On Saturday March 6 the cub scouts of Indian River County will be at the event. On the afternoon of Thursday March 4 some adult leaders will need to be at the airport of mark off troop campsites, and drop off some equipment. Friday morning adult leaders will be on site to set up for the event. On Friday evening the Boy Scouts will conduct a Dutch oven cobbler cook off. It is also planned to bring a big screen TV to watch a movie. Saturday morning the event will begin with an opening ceremony. It is hoped, that with the help of Sky Dive Sebastian, that the US flag and the Boy Scout flag can be brought down via two skydivers. The following programs will follow that: Flights for the boy scouts Aviation related demonstrations Scout skills demonstrations -The scouts will be cooking hot dogs and hamburgers The cub scouts will be launching water bottle rockets A Cub Scout rocket derby will be held. Possible demonstration by IR County Fire Department Static display of aircraft Use of three of the conference rooms at the terminal building will be needed. A small room to set up a first aid station will be needed. Mr. Joe Griffin has identified this area. To facilitate transportation around the airport, help may be needed by city airport vehicles to make safe runway incursions. Respectfully submitted, David Smith Camporee chairman 778 -0242 home 584 -2153 cell 1 LICENSE FOR USE OF SEBASTIAN MUNICIPAL AIRPORT PROPERTY This License is hereby granted this 28T" day of January, 2010, by the CITY OF SEBASTIAN, FLORIDA, a Florida municipal corporation, whose mailing address is 1225 Main Street, Sebastian, Florida 32958, hereinafter "Licensor," to GULF STREAM COUNCIL OF BOY SCOUTS OF AMERICA, INC., whose mailing address is 8335 North Military Trail, Palm Beach Gardens, Florida 33410 -6329, hereinafter "Licensee," to occupy, maintain, and utilize a designated portion of the Sebastian Municipal Airport property situated in the State of Florida, County of Indian River, and City of Sebastian under the following terms and conditions: 1. The Licensee has requested permission to use a portion of the Licensor's property for the express limited purpose of sponsoring, promoting and conducting a Camporee limited to approximately 200 Boy Scouts, their various leaders and supervisors, tents, concessions, other camping equipment and supplies, and parking necessary to the event. 2. Licensee, its designated members, leaders, and volunteers, under direct supervision of authorized supervisory staff, shall have the limited right to enter upon Licensor's property for the sole purpose of sponsoring, promoting and conducting a Camporee limited to approximately 200 Boy Scouts, their various leaders and supervisors, tents, concessions, other camping equipment and supplies, and parking necessary to the event. 3. This License shall be for the term of three (3) days, beginning 8:00 A.M., 5 March 2010, and terminating no later than 7:00 P.M., 7 March 2010, or may be terminated or modified according to the terms and provisions contained herein, whichever occurs first. Licensee's right to use the City property shall be non- exclusive. 4. Licensor and Licensee shall each have the right to terminate this License, in their sole discretion, for any reason upon either party providing a written notice of termination to the other party. (a) If this License is terminated prior to the opening date of this event, Licensee shall not enter the property or commence setting up tents, displays, concessions, or any other equipment to be utilized for the camping event. If this License is terminated by either party during the camping event, Licensor may require, in its sole discretion, that Licensee remove all persons, displays, concessions, tents and other camping equipment and supplies, immediately, and repair and clean the portion of City property occupied under this License to a reasonably good condition, substantially similar to the condition of the City property just prior to the date this License is executed, on or before the date of termination. Unless (b) of this Section applies, when either party terminates this License they shall first provide the other party with written notice prior to the date of termination. (b) Should Licensor determine in Licensor's sole discretion that the public interest requires the termination of the camping event provided for under this License, all persons, tents, displays, concessions, and other camping equipment and supplies, will be removed promptly. Licensor shall notify Licensee in writing of this and Licensee shall begin immediate removal and clean up. (c) If Licensee fails to remove the persons, concessions, tents and other camping equipment and supplies within the time provided above, or if Licensor has determined that public interest requires immediate removal as provided above, Licensor may complete the removal and repair, or hire a third party to do so, and Licensee shall bear the cost of such removal or repair and hereby waives any right to contest Licensor's right of recovery against Licensee. Page 1 of 6 5. Licensee shall at all times operate its camping event in a safe and efficient manner and in such a manner as not to cause any conflict with aviation use of the Airport or use of surrounding roadways or tenant operations. 6. Licensee shall not occupy, use, or permit, the occupation or use of the City property or any part thereof, for any unlawful or illegal purpose, nor in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any present or future federal or state laws, rules, requirements, orders, local ordinances, and /or regulations of the Licensor. 7. Licensee shall instruct, monitor, and manage its members, leaders, supervisors, employees, and volunteers, to stay inside of the authorized area only, and not to enter the secured airfield without authorized supervision, or cross any runways, taxiways, or other airport related facilities. Licensee hereby confirms the understanding that any violation of these restrictions could render the individual and the organization liable for substantial Federal fines for violations of established Federal Laws and Regulations applicable to airport facility access and use. 8. Licensee shall at all times during the term hereof keep all portions of the site free and clear of trash and debris and all hazardous materials. Upon termination of this License, the area shall all be cleaned and left in a condition substantially similar to the condition of the City property just prior to the date this License is executed. 9. Licensee covenants that, during the term of the License, the Licensee will, at its own expense, be responsible for maintenance of the above described City property and shall keep in good order and repair all improvements, and the Licensor will have no responsibility for the maintenance of the subject City property, including any improvements thereon. 10. Licensee shall not, either directly or indirectly, assign, sublease, hypothecate, or sell, mortgage, encumber or otherwise transfer this License or any interest therein. 11. Licensee agrees to provide any and all security control to maintain crowd and traffic safety and control for the camping event. Licensee agrees to be responsible for complying with any safety or security provisions that the Sebastian Police Department and /or Indian River County Emergency Services Department deem appropriate for protecting the public health, safety or welfare. No later than fifteen (15) days prior to the date of the camping event and at such other times as Licensor may desire, Licensee shall meet with Licensor and shall provide Licensor with detailed plans and description of security and traffic control measures to be taken by Licensee during the camping event. Licensee agrees to supervise the parking of all vehicles associated with the camping event off the roadways to preclude impeding emergency vehicle traffic. Licensee further agrees to provide no less than three (3) portable toilet facilities on the premises during the event, and to provide trash containers as necessary. 12. Licensee shall meet with Licensor no later than fifteen (15) days prior to the scheduled camping event date to finalize all plans and schedules for Licensee's use of the premises. Licensor shall have the authority to approve or reject all or part of the plans and schedule if, in Licensor's sole opinion, such plans and schedules are inappropriate or insufficient to meet the health, safety, and welfare requirements of the public and to minimize potential for interruption of normal access to, or operations of, the Sebastian Municipal Airport. Included with the above referenced plans and schedules shall be an estimate of the number of participants anticipated to attend the camping event and shall provide a detailed plan showing the anticipated location of the tent, parking, and any equipment involved. 13. Pursuant to City of Sebastian Code of Ordinances, Licensee may use an above ground enclosed pit campfire contingent upon authorization by the City Manager of the City of Sebastian and the chief of the county fire department. The City Manager's signature to this License approving technical requirements Page 2 of 6 signifies his authorization for Licensee's use of ONE (1) above ground enclosed pit campfire. Licensee shall provide Licensor with a copy of authorization for an above ground enclosed pit campfire by the chief of the county fire department at least fifteen (15) days prior to the camping event. Individual campfires, or any other 'open flames,' are not permitted in any other areas. The Airport Director will designate the location of the aforementioned single above ground enclosed pit campfire. 14. As a condition hereof, Licensee shall indemnify and hold harmless the City of Sebastian /Licensor, all of its departments, its elected officials, officers, employees, agents, representatives, volunteers, their successor and assigns "Released Parties against and for any and all liabilities, claims, damages, actions, costs or expenses, of any nature (including attomey's fees and costs), known and unknown, that may arise out of or be occasioned by the use, occupancy, or maintenance of the premises for Licensee's camping event or for any act or omission by Licensee, or from any act or omission of any representative, member, leader, agent, invitee, or employee of Licensee. This obligation to hold the Released Parties harmless shall also cover any claim for damage that any utility, whether publicly or privately owned, may sustain or receive by reason of Licensee's use of the premises or Licensee's improvements and equipment located thereon. It is the intention of this indemnity agreement on the part of Licensee, and as a condition of this License, that it shall be a full and total indemnity against any kind of character of claim whatsoever that may be asserted against a Released Party by reason of, or as a consequence of having granted permission to Licensee to use and maintain the premises for the camping event, or as a consequence of terminating this License as may be provided herein. Licensee hereby agrees to indemnify all costs, fees and expenses of any kind for any and all suits, claims, or causes of actions brought against the Released Parties, and pay any judgment or judgments that may be rendered against the City of Sebastian in connection herewith. The indemnification and hold harmless provisions shall be in addition to any other remedy available under this License for Use of Municipal Airport Property, or at law or equity, and shall survive the term of this License executed pursuant hereto, with respect to any circumstance or event occurring before termination of the camping event. 15. The Licensee shall at all times during the term hereof, carry commercial general liability insurance against personal injury and property damage with a company authorized to do business in the State of Florida and satisfactory to the City, protecting the City of Sebastian against any and all claims for damages to persons or property as a result of or arising out of the use and maintenance by Licensee of the premises, and Licensee improvements and equipment in connection therewith and located therein. Said insurance shall name the City of Sebastian as an additional insured with limits of coverage not less than $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. The Licensee shall supply written proof of insurance to Licensor at least fifteen (15) days prior to the scheduled use hereunder, and shall continue such insurance coverage until Licensee shall have completed its use of the premises hereunder and fulfilled its obligations to repair /restore the premises to the condition it was in prior to beginning the permitted use. 16. Licensee agrees and acknowledges that this License provides Licensee with no leasehold or other property interest, and allows the use of the above described City property only for the purposes stated herein, at Licensor's sufferance. Licensee shall ensure that Licensee's use of the City property will not unduly interfere with the Licensor's use of said property. 17. This License may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. 18. It is understood that this license is granted by the City of Sebastian without fee or other compensation. Page 3 of 6 IN WITNESS WHEREOF, the authorized representatives of the parties hereto have executed this License on the date first above written. ATTEST: LICENSOR: CITY OF SEBASTIAN Sign: Sign: Print: Sally A. Maio Print: Al Minner Title: City Clerk Title: City Manager STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2010 by Al Minner, as City Manager, and Sally A. Maio, as City Clerk, of the City of Sebastian, Florida. They are personally known to me and did not take an oath. Sign: Print: Page 4 of 6 NOTARY PUBLIC Sign: Print: State of Florida at Large [SEAL] Commission No. My Commission Expires: WITNESSES: LICENSEE (Gulf Stream Council of Bov Scouts of America. Inc.] Sign: Sign: Print: Print: John Marion Title: President [AFFIX CORPORATE SEAL HERE] STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2010, by John Marion, as President, on behalf of the Licensee. He is [personally known to me] or [produced as identification] and [did] [did not] take an oath. NOTARY PUBLIC Sign: Print: State of Florida at Large [SEAL] Commission No.: My Commission Expires: WITNESSES: LICENSEE (Gulf Stream Council of Bov Scouts of America. Inc.) Sign: Sign: Print: Print: Jeffery Isaac Title: Secretary Sign: Print: STATE OF FLORIDA COUNTY OF PALM BEACH Page 5 of 6 [AFFIX CORPORATE SEAL HERE] The foregoing instrument was acknowledged before me this day of 2010, by Jeffery Isaac, as Secretary, on behalf of the Licensee. He is [personally known to me] or [produced as identification] and [did] [did not] take an oath. NOTARY PUBLIC Sign: Print: State of Florida at Large [SEAL] Commission No.: My Commission Expires: Approved as to technical requirements: Approved as conforming to municipal policy: Joseph Griffin Airport Director Approved as to form and legal sufficiency: Robert A. Ginsburg City Attomey Page 6 of 6 Al Minner City Manager alYOF sig a HOME OF PELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 Subject: Vacant Regular Member on the Planning Zoning Commission Ap rov for Submittal by: t j Position Agenda No: Department Origin: City Attorney: For Agenda of: (0, 00 City Clerk's Office 1/27/10 t ity anager Exhibits: applications, ad, board member list Expenditure Required: Amount Budgeted: Appropriation Required: Mr. Buchanan's health has position has been advertised serving: Their applications are attached The position will expire May to May 1 2013 is requested. Interview, unless waived position, setting the expiration SUMMARY STATEMENT his term until May 2010. His have expressed interest in of extending the expiration vacant regular member prevented him from finishing and the following individuals Joel Roth Bonnie Crowe Sablick Daniel Turner for your review. 1S 2010 therefore consideration RECOMMENDED ACTION and submit nominations to fill the date at Council's discretion. NAME: :TOe( r 20 h HOME ADDRESS: 4S VI E L,a.(iGc v te,ce.) fl r. SebaSt!at%1 V 'S295 4-j4'" colt E -MAIL: J1rvf -t., HOME PHONE: 17 Z SC qq ,'N HOME FAX 1-4 5 ns. c .c BUSINESS: '�e -t rEcj -T 0we'.v. iso„ftker e REA viva_ BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Iles HOW LONG? ri- DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? 0 DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? I• WHICH BOARDS /COMMITTEES? 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 5 years meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) CONSTRUCTION BOARD (permanent board meets once a month)* HANDICAPPED SELF EVALUATION COMMITTEE (permanent board meets quarterly) V PLANNING AND ZONING COMMISSION (permanent board meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) NATURAL RESOURCES BOARD (permanent board meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment anoF HOME OF PELICAN ISLAND .F SEBASTIAN OFFICE OF CITY CLERK 2010 tifN 20 MI 10 59 APPLICATION TO SERVE ON CITY BOARD /COMMITTEE (AII City Board and Committee Members Must be Residents of the Citv of Sebastian) APPLICABLE EDUCAT ON AND /OR EXPERIENCE: (a brief resume is required) tribo N•5. grcacta.a C..ta.reitic8, tJb f 1%2 b4' pt ec par cvKe- tai; o f gur'C' 3clia.sses (rOa.w joric) i Ga_e ar. (ivN, clei4A,Ct►rr 4:t (�I Z cAct5ses a Actetew�Y\44 ;rice-l':nc, "B 1981 School odY.k.Marke -f∎41 Bo�er,C 2. clears- cira- -eck HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? Se kecc 0 44Ae NV's ha- Leta I r y 1 4- t Ccurl ;ot!\6�ts$iOv1 -1-or g 4 a.5 V1e-e Pres:�etn` �leaxs)o4 co c o,i "r A c,c nwK .r i•Efee., c vedo' `'��e- 6 ci h ex tw Yvte :i-c tlec i v4--. P 6t-n 4 a REAL i kA t ev'1tea C-u W1Pr a v'l avla ;l e icieuy e- Dine' ns f prnMeths a.= e- iINM1cxc.,.f VA 4lau 'te. gt LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: Secilc- 4 0 rl. ta_vtiCdw..wvts co t Awftvl a wxjyr (e .c t)ac ovw 4- 4- {viml L ocoev- Mt� {n i ci tvv (5o ,t'�1 ed -i6, (EA-a..% 1 r e c\4- for I0 Ce�+t� -v-a -r 1n r fAl'Sktt- tactiC.ct. u,t c c�v,4'etay a l 1.c5S i r1 c Cv c t r eve` op tin 9 a.. C: Thni- b cxwte, <4-t u c1-n ck_vIhctct,( '-dc�i iASs3'- (Aof4F HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? 0 c' HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL IJC TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE e5 I hereby certify that 1 am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which l have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. 1 have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or committee is availablef requested. AP Signature Subscribed and swom to before me this who is persona( as identification. .igi Nancy G. Michaud lc, State of Florida t E MISSIoN 'mum 073 EXPIRES: JUN. 03, 2011 Please retum to Office of the City Cli�rti; 1226q411FrivattrestAftbastian, FL 32958 (772) 589-5330 \wp- form\applicat.wpd rev. 7/2007 day ofIV by IY known to me, or has produced vine, on it NAME: n 1e. 3 (rwe d HOME ADDRESS: O l D t C". o ri Pr) j a a.h 6- Frv d' HOME PHONE: 53' wi 14 HOME FAX5 E -MAIL: E-nsocc.vg an Ron &x5Y -h ne- BUSINESS: &L4-b &Cg ,tci fp/Q i< 2 ger vice BUSINESS ADDRESS: Cho r 60t rdlt°/7 iC/ s &e S H "C, 0, 1, 32q BUSINESS PHONE:53 BUSINESS FAX: Mc/ 1y/f 31 ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? y es HOW LONG? 26 DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? Mb DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? NO 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 5 years meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) CONSTRUCTION BOARD (permanent board meets once a month)* HANDICAPPED SELF EVALUATION COMMITTEE (permanent board meets quarterly) X PLANNING AND ZONING COMMISSION (permanent board meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) .NATURAL RESOURCES BOARD (permanent board meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Fling of financial disclosure is required folknving appoinbnent HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE 11 City Board and Com':'ir'ktee. Members PY uSt be Residents Gt Tt1S City of Sebastian) 5E Wd TT NUS' 010Z )18313 A.t13 JO 301 .4_40 NVLLSVg3s APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) u6i ne6 ma r at 1 P Sc/ uGP Q) G StaVe ''`'pr 4 SE+!?. HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? .h O\ brE ()F 1' oer ty VA i u es cold 20 k r hkst i r 5 ETittA LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON ARD OR COMMITTEE: Feb 27, ID r1agrt. LAW 0141 4.17);c/, io uot)..)4 v eo D r Li rfi/5 &rv,e fur 4� �?P L a 1 _I i 4r. _I 1 141 4 d w HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? 0 HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? 'gyp WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE '(Noe. I hereby certify that 1 am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of as information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or is available equested. rri t 0A4 AI la; 41. Signatur Subscribed and om to before me this /P day of 2e 0 by Please retum to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 \wp- form\applicat.wpd rev. 7/2007 Sally A ti .Maio is Commission DD595269 N Expi Bonded res October 5 00 18 who is personally known to or has produced LS C !id IT Mir 010Z )111310A110.JO 301.410 NVI NAME: ✓i G u ,-ec� HOME ADDRESS: 1 4 1! /fcc, Se--/?6, 1 cru /G 7 %.-C HOME PHONE: 04,5 HOME FAX: E -MAIL: BUSINESS: J 7 ic i i LG G BUSINESS ADDRESS: 2/ 7q 4u rf'u /e„.„�C,�ce., Se4ei,c7ef 4 ,�G- 3 .w5,.s BUSINESS PHONE: g yy BUSINESS FAX: ..e--5-1 E -MAIL: ,o c7 a-- ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? i t s HOW LONG? 6 yea /4" DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ivo DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? /Y WHICH BOARDS /COMMITTEES? 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 5 years meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) CONSTRUCTION BOARD (permanent board meets once a month)* HANDICAPPED SELF EVALUATION COMMITTEE (permanent board meets quarterly) g PLANNING AND ZONING COMMISSION (permanent board meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) NATURAL RESOURCES BOARD (permanent board meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment C YUE HOME OF PELICAN ISIAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) 4w4c-,3,,P 4• Dec- away rr ese o is ,e 4 Y to l .S (4/0I0 fy S 2370 4 r lc s'c.a./ HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? L ,4 a ✓G e cN6/ t' e/j`c✓I c G Or i-*- 1;14 co,..tSY�.c.c4 6 vir�:is c s�i1i 'y vty w 4 a iI v o. Q e /?..--f t..4 zrrYZLC.1 6 LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: S 4, ft �i 7 /bynlmy y, ,f A .li t, `✓e./s y /V t.41. Vt c�Dc.eJ A-/ Y Ld✓viii.4 G€ K -SGS HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? l a HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? A/o WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which 1 have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or committee is ava'I,;jr if requ Applicant Signature Subscribed and swom to before me this day of �Gy /01, by MAW \wp- form\applicat.wpd rev. 7/2007 as identification. Notary blic, to of F orida who is pe nally known to me, or has produced Please retum to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 9 a;1 e LISA A. HUBBERT I =r; Notary Public State of Florida f My Commission Expires Jul 8, 2011 "a A: o Commission DD 648921 HOME OF PEUCAN ISLAND PRESS RELEASE The City of Sebastian is accepting applications for an expired, vacant Planning Zoning regular member position. Interested individuals must have resided in Sebastian one year prior to application. In the event Council fills the position with an alternate member, Council may chose one of the applicants to fill the alternate position. 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 ON WVVW.CITYOFSEBASTIAN.ORG APPLICATIONS WILL BE ACCEPTED UNTIL JANUARY 20 2010. MEMBER NAME AND ADDRESS APPOINTMENT HISTORY [MOST RECENT HISTORY FIRST] CURRE NT STATUS TERMS COMP LETED Greg Hepler 1291 Barber Street Sebastian, FL 32958 589 -6617 Took Blais' unexpired regular member position 12/16/09 Appointed Alternate 6/25/08 Term to expire 11/1/2011 Charles Cardinale 474 Thomas Street Sebastian, FL 32958 918 -8629 Reappointed 4/9/08 Took Celli's regular member position on 4/26/06 Term to expire 4/1/2011 Larry Paul Chair 1701 Sunset Lane Sebastian, Florida 32958 LPau12552 @aol.com 388 -0937 Reappointed 5/14/08 Reappointed 5/11/05 Took Blessing's unexpired regular member position 4/28/04 Term to expire 5/1/2011 Keith Srinivasan 024 Landsdowne Sebastian, FL 1024 32958 KeithSrinivasan @bellsouth.net 589 -7319 Took Mahoney's unexpired regular member position 5/14/08 Term to expire 2/1/2011 William Simmons 509 Drawdy Way Sebastian, FL 32958 589 -9826 Reappointed regular member position 5/27/09 Took Mr. Smith's unexpired regular member positions 2/22/06 Reappointed alternate member position 1/12/05 Took Seeley's Unexpired Alternate Member Positions 1/28/04 Term to expire 6/1/2012 1 term PLANNING ZONING COMMISSION 3 -YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH 7:00 P.M. V Term to 5/1/ ad,aA-€ expire 2010 Ed Dodd Vice Chair 906 Fleming Street Sebastian, FL 32958 eddodd @aol.com 388 -5440 Took Allocco's unexpired regular member position 12/12/07 Term to expire 11/1/2010 Charles Neuberger 776 Schumann Drive Sebastian, FL 32958 cc325 @comcast.net 633 -4554 Appointed 8/27/08 Term to expire 11/2010 Domenic Durr 542 Quarry Lane Sebastian, FL 32958 ddomf @hotmail.com (412) 381 -1701 Appointed 12/16/09 Term to expire 1/1/2011 Staff Liaison Growth Management Director RECOMMENDED ACTION Ap ov for Submittal by: City Manager i er OITOE HOME OF PELJGAN ISLAND City Council Agenda Item Subject: Approval to Proceed with Preparing Documents for a'Note with SunTrust Bank to Provide Funds for Paving Work and Payoff of the Existing Paving Improvements Note. Agenda No. /O. Departme t '11 City Attorney: City Clerk: Administrative Services Date Submitted: January 20, 2010 For Agenda of: January 27, 2010 Exhibits: Schedules Showing Sources and Uses of Funds/Debt Service Estimates Proposed New Paving Work SUMMARY The City has an opportunity to payoff the outstanding balance of the Paving Improvements Note and raise additional funds for paving work, while lowering the annual debt service payment. We have had preliminary discussions with SunTrust Bank regarding the feasibility of this transaction. The outstanding Paving Improvements Note was issued to SunTrust Bank in August 1998 for $3,268,890 at a rate of 4.40% to be repaid over fifteen years. That Note included a prepayment penalty based on interest rates at the time of prepayment. SunTrust is suggesting that they will waive a portion of that penalty and offer an interest rate of about 4.01% over twelve years (without prepayment penalties). The new Note will payoff the current remaining principal balance of $1,089,414, plus the penalty and accrued interest, cover $30,000 of closing costs and raise $1,250,000 for additional paving work. Closing costs are estimated to be no more than $7,500 for the City's Bond Counsel, $5,000 for Bank Counsel and $17,500 for the Financial Advisor. If the City agrees to proceed, the exact interest rate will be locked in and the amount of prepayment penalty will be calculated. Staff expects that the necessary legal documents can be prepared and submitted for City Council approval at the February 10, 2010 City Council meeting. Attached are schedules showing that a conservative estimate of the new annual debt service at these levels will be about $264,420, which is $35,580 less than the current annual debt service requirement. The $1,250,000 of added paving funds will allow us to immediately proceed with the work shown on the Proposed New Paving Work attachment. Authorize Staff to finalize SunTrust Bank's offer and prepare the necessary legal documents for a new Bank Note. I Sources: Bond Proceeds: Par Amount Uses: Project Fund Deposits: Project Fund Refunding Escrow Deposits: Cash Deposit Delivery Date Expenses: Cost of Issuance SOURCES AND USES OF FUNDS City of Sebastian, Florida Promissory Note, Series 2010 (Refunding Series 1998 Note and $1M New Money) Indicative BQ Bank Rate as of 1/13/2010 Preliminary/Subject to Change Dated Date 02/16/2010 Delivery Date 02/16/2010 Refunding New Money Total 1,230,991.18 1,265,205.60 2,496,196.78 1,230,991.18 1,265,205.60 2,496,196.78 Refunding New Money Total 1,250,000.00 1,250,000.00 1,216,196.78 1,216,196.78 14,794.40 15,205.60 30,000.00 1,230,991.18 1,265,205.60 2,496,196.78 Jan 14, 2010 3:49 pm Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 1 Bond Component Term Bond due in 2022 BOND SUMMARY STATISTICS City of Sebastian, Florida Promissory Note, Series 2010 (Refunding Series 1998 Note and $1M New Money) Indicative BQ Bank Rate as of 1/13/2010 Preliminary/Subject to Change Dated Date 02/16/2010 Delivery Date 02/16/2010 First Coupon 08/27/2010 Last Maturity 02/27/2022 Arbitrage Yield 4.009777% True Interest Cost (TIC) 4.009777% Net Interest Cost (NIC) 4.010000% All -In TIC 4.222740% Average Coupon 4.010000% Average Life (years) 6.762 Duration of Issue (years) 5.807 Par Amount 2,496,196.78 Bond Proceeds 2,496,196.78 Total Interest 676,844.32 Net Interest 676,844.32 Total Debt Service 3,173,041.10 Maximum Annual Debt Service 264,420.10 Average Annual Debt Service 263,748.51 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 100.000000 Par Average Average Value Price Coupon Life Duration 2,496,196.78 100.000 4.010% 6.762 5.807 2,496,196.78 6.762 TIC All -In Arbitrage TIC Yield Par Value 2,496,196.78 2,496,196.78 2,496,196.78 Accrued Interest Premium (Discount) Underwriter's Discount Cost of Issuance Expense (30,000.00) Other Amounts Target Value 2,496,196.78 2,466,196.78 2,496,196.78 Target Date 02/16/2010 02/16/2010 02/16/2010 Yield 4.009777% 4.222740% 4.009777% Jan 14, 2010 3:49 pm Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 2 BOND DEBT SERVICE City of Sebastian, Florida Promissory Note, Series 2010 (Refunding Series 1998 Note and $1M New Money) Indicative BQ Bank Rate as of 1/13/2010 Preliminary/Subject to Change Dated Date 02/16/2010 Delivery Date 02/16/2010 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 08/27/2010 79,102.77 4.010% 53,107.28 132,210.05 09/30/2010 132,210.05 02/27/2011 83,747.31 4.010% 48,462.73 132,210.04 08/27/2011 85,426.44 4.010% 46,783.60 132,210.04 09/30/2011 264,420.08 02/27/2012 87,139.24 4.010% 45,070.80 132,210.04 08/27/2012 88,886.39 4.010% 43,323.66 132,210.05 09/30/2012 264,420.09 02/27/2013 90,668.56 4.010% 41,541.49 132,210.05 08/27/2013 92,486.46 4.010% 39,723.58 132,210.04 09/30/2013 264,420.09 02/27/2014 94,340.82 4.010% 37,869.23 132,210.05 08/27/2014 96,232.35 4.010% 35,977.69 132,210.04 09/30/2014 264,420.09 02/27/2015 98,161.81 4.010% 34,048.23 132,210.04 08/27/2015 100,129.95 4.010% 32,080.09 132,210.04 09/30/2015 264,420.08 02/27/2016 102,137.56 4.010% 30,072.49 132,210.05 08/27/2016 104,185.42 4.010% 28,024.63 132,210.05 09/30/2016 264,420.10 02/27/2017 106,274.33 4.010% 25,935.71 132,210.04 08/27/2017 108,405.14 4.010% 23,804.91 132,210.05 09/30/2017 264,420.09 02/27/2018 110,578.66 4.010% 21,631.39 132,210.05 08/27/2018 112,795.76 4.010% 19,414.29 132,210.05 09/30/2018 264,420.10 02/27/2019 115,057.32 4.010% 17,152.73 132,210.05 08/27/2019 117,364.21 4.010% 14,845.83 132,210.04 09/30/2019 264,420.09 02/27/2020 119,717.37 4.010% 12,492.68 132,210.05 08/27/2020 122,117.70 4.010% 10,092.35 132,210.05 09/30/2020 264,420.10 02/27/2021 124,566.16 4.010% 7,643.89 132,210.05 08/27/2021 127,063.71 4.010% 5,146.33 132,210.04 09/30/2021 264,420.09 02/27/2022 129,611.34 4.010% 2,598.71 132,210.05 09/30/2022 132,210.05 2,496,196.78 676,844.32 3,173,041.10 3,173,041.10 Jan 14, 2010 3:49 pm Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 3 Sources: Bond Proceeds: Par Amount Uses: Refunding Escrow Deposits: Cash Deposit Delivery Date Expenses: Cost of Issuance I SOURCES AND USES OF FUNDS City of Sebastian, Florida Promissory Note, Series 2010 Refunding Portion Dated Date 02/16/2010 Delivery Date 02/16/2010 1,230,991.18 1,230,991.18 1,216,196.78 14,794.40 1,230,991.18 14, 2010 3:49 pm Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 4 SAVINGS City of Sebastian, Florida Promissory Note, Series 2010 Refunding Portion Prior Refunding Date Debt Service Debt Service Savings 09/30/2010 300,000.00 105,292.45 194,707.55 09/30/2011 300,000.00 213,685.34 86,314.66 09/30/2012 300,000.00 213,685.35 86,314.65 09/30/2013 300,000.00 213,685.35 86,314.65 09/30/2014 213,685.35 (213,685.35) 09/30/2015 213,685.34 (213,685.34) 09/30/2016 213,685.36 (213,685.36) 09/30/2017 28,914.44 (28,914.44) 1,200,000.00 1,416,318.98 (216,318.98) Savings Summary Savings PV date 02/16/2010 Savings PV rate 4.222740% PV of savings from cash flow (106,907.92) Net PV Savings (106,907.92) Jan 14, 2010 3:49 pm Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page BOND DEBT SERVICE City of Sebastian, Florida Promissory Note, Series 2010 Refunding Portion Dated Date 02/16/2010 Delivery Date 02/16/2010 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 08/27/2010 79,102.77 4.010% 26,189.68 105,292.45 09/30/2010 105,292.45 02/27/2011 83,747.31 4.010% 23,095.36 106,842.67 08/27/2011 85,426.44 4.010% 21,416.23 106,842.67 09/30/2011 213,685.34 02/27/2012 87,139.24 4.010% 19,703.43 106,842.67 08/27/2012 88,886.39 4.010% 17,956.29 106,842.68 09/30/2012 213,685.35 02/27/2013 90,668.56 4.010% 16,174.12 106,842.68 08/27/2013 92,486.46 4.010% 14,356.21 106,842.67 09/30/2013 213,685.35 02/27/2014 94,340.82 4.010% 12,501.86 106,842.68 08/27/2014 96,232.35 4.010% 10,610.32 106,842.67 09/30/2014 213,685.35 02/27/2015 98,161.81 4.010% 8,680.86 106,842.67 08/27/2015 100,129.95 4.010% 6,712.72 106,842.67 09/30/2015 213,685.34 02/27/2016 102,137.56 4.010% 4,705.12 106,842.68 08/27/2016 104,185.42 4.010% 2,657.26 106,842.68 09/30/2016 213,685.36 02/27/2017 28,346.10 4.010% 568.34 28,914.44 09/30/2017 28,914.44 1,230,991.18 185,327.80 1,416,318.98 1,416,318.98 Jan 14, 2010 3 :49 pm Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 6 Bond SUMMARY OF BONDS REFUNDED City of Florida Promissory Note, Series 2010 Refunding Portion Maturity Interest Par Call Call Date Rate Amount Date Price $3,368,890 Promissory Note, Series 1998, 1998: TERM13 08/27/2013 4.400% 1,089,411.48 02/16/2010 109.572 1,089,411.48 Jan 14, 2010 3:49 pm Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 7 85 Jan 14, 2010 3:49 pm Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 8 ESCROW REQUIREMENTS City of Sebastian, Florida Promissory Note, Series 2010 Refunding Portion Period Principal Redemption Ending Interest Redeemed Premium Total 02/16/2010 22,502.40 1,089,411.48 104,282.90 1,216,196.78 22,502.40 1,089,411.48 104,282.90 1,216,196.78 Date 02/16/2010 ESCROW SUFFICIENCY City of Sebastian, Florida Promissory Note, Series 2010 Refunding Portion Escrow Net Escrow Excess Excess Requirement Receipts Receipts Balance 1,216,196.78 1,216,196.78 1,216,196.78 1,216,196.78 0.00 Jan 14, 2010 3:49 pm Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 9 Sources: Uses: SOURCES AND USES OF FUNDS City of Sebastian, Florida Promissory Note, Series 2010 New Money Portion Dated Date 02/16/2010 Delivery Date 02/16/2010 Bond Proceeds: Par Amount 1,265,205.60 1,265,205.60 Project Fund Deposits: Project Fund 1,250,000.00 Delivery Date Expenses: Cost of Issuance 15,205.60 1,265,205.60 an 14, 2010 3:49 pm Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 10 BOND DEBT SERVICE City of Sebastian, Florida Promissory Note, Series 2010 New Money Portion Dated Date 02/16/2010 Delivery Date 02/16/2010 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 08/27/2010 26,917.60 26,917.60 09/30/2010 26,917.60 02/27/2011 25,367.37 25,367.37 08/27/2011 25,367.37 25,367.37 09/30/2011 50,734.74 02/27/2012 25,367.37 25,367.37 08/27/2012 25,367.37 25,367.37 09/30/2012 50,734.74 02/27/2013 25,367.37 25,367.37 08/27/2013 25,367.37 25,367.37 09/30/2013 50,734.74 02/27/2014 25,367.37 25,367.37 08/27/2014 25,367.37 25,367.37 09/30/2014 50,734.74 02/27/2015 25,367.37 25,367.37 08/27/2015 25,367.37 25,367.37 09/30/2015 50,734.74 02/27/2016 25,367.37 25,367.37 08/27/2016 25,367.37 25,367.37 09/30/2016 50,734.74 02/27/2017 77,928.23 4.010% 25,367.37 103,295.60 08/27/2017 108,405.14 4.010% 23,804.91 132,210.05 09/30/2017 235,505.65 02/27/2018 110,578.66 4.010% 21,631.39 132,210.05 08/27/2018 112,795.76 4.010% 19,414.29 132,210.05 09/30/2018 264,420.10 02/27/2019 115,057.32 4.010% 17,152.73 132,210.05 08/27/2019 117,364.21 4.010% 14,845.83 132,210.04 09/30/2019 264,420.09 02/27/2020 119,717.37 4.010% 12,492.68 132,210.05 08/27/2020 122,117.70 4.010% 10,092.35 132,210.05 09/30/2020 264,420.10 02/27/2021 124,566.16 4.010% 7,643.89 132,210.05 08/27/2021 127,063.71 4.010% 5,146.33 132,210.04 09/30/2021 264,420.09 02/27/2022 129,611.34 4.010% 2,598.71 132,210.05 09/30/2022 132,210.05 1,265,205.60 491,516.52 1,756,722.12 1,756,722.12 Jan 14, 2010 3:49 pm Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 11 Schedule of Proposed New Paving Work Laconia Street from Tulip to Crystal Mist 336,261 Periwinkle Drive from Bridge to Laconia Street 274,469 South Easy Street from Sebastian Blvd. to Winbrow Drive 222,920 Schuman Drive from Englar Drive to County Line 287,085 Riverfront Streets Between Indian River Drive and US #1: Harrison Street 16,377 Collidge Street 15,450 Washington Street 8,034 Jefferson Street 5,150 Martin Avenue 8,240 Cleveland Street 23,455 Curb, gutter and striping for above 12,000 Construction Contingencies 40,559 Total 1,250,000 Subject: Goal Setting Ap ve or ubmittal by: Agenda No. O. -4 Department Origin: Council City Attorney: City Clerk: Date Submitted: JAN 10 ite41■1( Al in r, ity Manager Exhibits: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A Per the direction of a resolution established by Council, the City Clerk/Manager have agendized a goal setting item. In placing this item on the agenda, Council may want to consider a retreat or other forum for such continued discussion. For your consideration, below is a bullet -point list of 2010 topics /activities currently getting priority from the Office of the City Manager: ROADS /DRAINAGE Continuation of 1/4 Round Swale Continuation of Ditch /Swale Mowing Program Barber Street Renovation Project Stimulus Funds (In conjunction with FDOT) Barber Schumann Intersection Powerline Road Extension Refinance of 1998 Street Improvement Bond Start Potomac Crossing Finish George Street Ditch CR 512 Beautification CRA DISTRICT Stan Mayfield Working Waterfront Grant CavCorp /US 1 Beautification HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY RECREATION Continuation of Parks Maintenance Splash Pad Improvements Airport Park Construction Consider Skate Park Office Improvement ECONOMIC DEVELOPMENT Tax Abatement Program Advertisement (WebSite) Tax Abatement Program Application Establishment Economic Development Element Comprehensive Plan (EAR Report) Establishment of Economic Development Office Airport Drive East Industrial Opportunities Review Existing Leaseholds at Airport Community Business Plan BUDGET /FINANCE /PERSONNEL More Active Budget Advisory Committee Financial Reporting Modifications FY 2011 Preparation PEA Collective Bargaining PBA Collective Bargaining OTHER Finish Collier Creek EAR Report Growth Management ISBA/Commercial Annexation Green Energy AP HCP /ITP Closure Airport Grants Building Funds Airport Runway Improvements Close Out Golf Course Cart RFP Golf Course Range Improvements Continuation General Police Department Services Continuation MIS Programming Continuation General Building Department Services Continuation General Growth Management Services Various Council Project Considerations Respond and Manage Citizen Inquires Action at City Council discretion. RECOMMENDATION A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PROCEDURES FOR CHARTER OFFICER EVALUATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council deems it appropriate to set goals for its Charter officer and conducts its review in the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CHARTER OFFICER GOAL SETTING. City Council shall biannually set and review goals and objectives for the City Manager, C ity A and City Clerk at public City Council meetings in January and in July. SECTION 2. CHARTER OFFICER EVALUATION PROCEDURES. City Council shall receive evaluation forms for the City Manager, City Attomey and City Clerk as well as the current cost of living adjustment percentage being provided to the Communications Workers of America (CWA) from Human Resources staff by May 1" of each year. Subsequent to receipt of information provided as set out above, each City Council member shall prepare an evaluation for the City Manager, City Attomey and City Clerk by using the forms provided or by writing a narrative or in whatever form each deems appropriate. Each City Council member shall also conduct an oral interview with each of the Charter Officers on an individual basis prior to meeting in public for a final evaluation. City Council shall conduct a Special Meeting in June of each year to publicly evaluate and act upon any merit increases for the City Manager, City Attomey and City Clerk. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member Neglia was seconded by Council Member Simchick and upon, being put to a vote, the vote was as follows: Mayor Andrea Coy aye Vice Mayor Sal Neglia aye Council Member Al Paternoster aye Council Member Dale Simchick aye Council Member Eugene Wolff aye The Mayor thereupon declared this Resolution duly passed and adopted this 22nd day of August 2007. CITY OF SEB TIAN, FL DA ATT Sally A. Ma MMC City Clerk (SEAL) Approved as to Form and Content for RJe ianty)y At City of Sebastian Only: RESOLUTION NO. R -07 -31 By: Andrea Coy, Mayor ezD JANUARY 2009 JULY 2009 08.014/09.017 A. Review and Set Goals for Charter Officers in Accordance with Resolution R -07- 31(City Clerk Transmittal. R -07 -31. Minutes Excerpts) Mayor Gillmor commended all three officers for their excellent professional service to the City of Sebastian. His goals were as follows: For the City Manager, he was asked to delegate more and expect excellence; look for new revenue sources; continue to watch out for the City's interests in the ISBA process; continue to work on an economic development plan; streamline the growth management process; provide more frequent e-mail updates; ensure the MIS Dept. has the system it needs to import/export the City's information—maybe report where we are lacking and can improve; jumpstart the budget process and continue working on the HCP Plan and Airport Layout Plan. The City Attorney was asked to be the legal watchman for the City; continue working on the economic development plan; continue to watch out for Sebastian's interests in the ISBA process; begin working on the land development code; and provide a synopsis of what litigation cases are pending, perhaps at each meeting. The City Clerk as well as her staff were commended for the job they do and urged to continue. Discussion took place on a recommendation by Mayor Gillmor to purchase laptops and go to paperless agenda packets to save money. The rest of Council said they preferred to have books. Mr. Wolff encouraged the Clerk to come forward with ideas for the community and suggested working with citizens to see if Laserfiche can be made easier to navigate. 09.017 F. Review and Set Bi- Annual Goals for Charter Officers As Required by Resolution 141 -145 R- 07- 31(City Clerk Transmittal. January 2009 Goals) Mr. Hill said he meets with staff on a weekly basis and Council gives great direction to staff at each meeting which is sufficient. Ms. Coy agreed, adding that she does not like the evaluation process. She said she would be in favor of adjusting Resolution R- 07 -31. Mayor Gillmor said Sebastian has been blessed with three people extremely skilled in their jobs; and once or twice a year they should be thanked for the job they are doing. Ms. Simchick explained the thought behind the resolution; said the City Attorney was a delightful addition; asked the City Manager to schedule installment plans for future technology advancements within the City such as reverse 911, and T -1, T -3 lines. She said the Clerk has one of the hardest jobs and urged her to continue with her cross training. Mr. Wolff said setting goals provides the Council an opportunity to have a meeting of minds. He said while he did not have anything new, six months is a good time frame to review benchmarks, make sure they are in the right direction. He felt everyone is on the right track and he commended everyone who is doing more with less. Subject: Economic Development Small Business Start-Up Forum Su ittal b Agenda No. /0 02-5 Department Origin: Date Submitted: Council 21 JAN 10 Richard H. Gilimor EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SF HOME OF PELICAN ISLAND AGENDA TRANSMITTAL At this time, I would like to inform and seek Council's support on a concept that 1 have been working on with Mayor Kenyon of Indian River Shores. With the City's goal of supporting business and creating economic activity in the forefront, the idea of sponsoring business incubators is a good one. While government can not do every thing to start small business, perhaps opportunities exists to work as a liaison between private donors and business entrepreneurs to help locate facilities that can be leased for little to no rent for new business start- ups. At Wednesday night's meeting I will present a short power point that provides more information on this concept and the desire to have all the governmental jurisdictions from Indian River County participate in the program. While no significant money is being sought for this venture, I do see a need to for a small budget of $500 $1,000 (and some staff time) in order to conduct public forums and advertise. Based on where facilities are located /donated, CRA funds may be a good option. Support of Council is sought. SUMMARY RECOMMENDATION