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HomeMy WebLinkAbout06092010Brief Announcements HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 9, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE 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 Father John Morrissey St. Sebastian Catholic Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and bile/ timely announcements by Council and Staff No public input or action under this heading. 10.001 A. Certificate of Appreciation to Chuck Neuberger, Planning Zoning Committee Service 10.091 B. Certificate of Appreciation to the City of Sebastian from Commander Bill Boluk, Flotilla 56 U.S. Coast Guard Auxiliary 10.096 C. Proclamation Motorcycle Safety Month July 2010 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 poor to start of the meeting or by raising his/her hand to be recognized. 1 -12 A. Approval of Minutes 5/17/10 Special Meeting 13 -27 B Approval of Minutes 5/26/10 Regular Meeting 10.092 C. Prior Authorization for Any Member of City Council to Attend 2010 Florida 29 31 League of Cities Annual Conference in Hollywood, FL August 19 -21, 2010 (City Clerk Transmittal, Info) 10.044 D. Amendment to Mishler Enterprises Airport Lease Agreement (Airport Transmittal, 33 -68 Airport Lease Assignments, g Amendment, Mishler Correspondence) 10.093 E. Award Concrete Services Bid to Regan Masonry Cement, Inc. and 69 94 Authorize Staff to Execute a Three Year Contract between the City of Sebastian and Regan Masonry Concrete, Inc. for Itemized Concrete Services (Public Works Transmittal, Bid Tab) 10.094 F. Approve Purchase of One Used Backhoe from United Rentals in the Amount of 95 $28,972 (Public Works Transmittal, Bid Tab, RFP) 10.085 G. Resolution No. R -10 -18 Powerline Road Deed and Construction Agreements 113 129 (City Manager Transmittal, R- 10 -18, Deed, Easement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE DEDICATION OF CERTAIN RIGHT -OF -WAY FROM THE SCHOOL BOARD OF INDIAN RIVER COUNTY; ACCEPTING IMPROVEMENTS TO SAID RIGHT -OF -WAY FOR ALL PURPOSES; ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM THE SCHOOL BOARD OF INDIAN RIVER COUNTY; PROVIDING FOR RECORDING IN THE OFFICIAL RECORDS IN AND FOR INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 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. 10.088 A. Parks and Recreation Advisory Committee 131 136 i. Interview Unless Waived and Submit Nominations for One Unexpired Regular Member Position with a Term to Expire May 31, 2011 (City Clerk Transmittal, One Application, Member List Press Release) PUBLIC HEARINGS Procedures for public hearings: Mayor opens heating Attomey reads ordinance or resolution Staff presentation Public Input Staff summation Mayor closes heating Council action Anyone wishing to speak is asked to sign up before the meeting, when called, go to the podium and state his/her name for the record 10.087 A. Ordinance No. 0 -10 -03 Regulating Pain Clinics (City Attorney Transmittal 137 142 Proposed Revised Ordinance 0- 10 -031 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE ISSUANCE, DUPLICATION, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR CERTAIN PAIN CLINICS OR PAIN MANAGEMENT CLINICS; ENACTING ARTICLE IV OF CHAPTER 30 OF THE CODE OF THE CITY OF SEBASTIAN; PROVIDING FINES AND PENALTIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1" Reading 5/26/10, Advertised Legal Notices 5/30/10) 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT 12. NEW BUSINESS 10.021 A. Resolution No. R -10 -17 Sebastian Aero Services Leasehold Re- Assignment to 143 -177 Cooper Trading Corporation AVGAS Leaseback Proposal by Cooper Trading Corporation (City Manager Transmittal, R- 10 -17, Exhibit A Cooper Proposal Exhibit B SAS Lease Exhibit C FDOT E -mail) 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 COOPER TRADING CORPORATION; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 10.095 A. Stormwater Utility Fee Credit Application Deadline Extension (City Manager 179 -188 Transmittal, Application Form and Policy) 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 GOVERNMENT 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 EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (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: June 23, 2010 Board of Adjustment- 6 pm June 23, 2010 Regular Meeting 6:30 pm July 7, 2010 Regular Meeting 6:30 pm July 21, 2010 Regular Meeting 6:30 pm August 11, 2010 Regular Meeting 6:30 pm August 23, 2010 Budget Workshop 5:30 pm August 25, 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: J Consent Agenda J Public Hearings 4 Unfinished Business 4 New Business J Public Input Public Input is NOT ALLOWED under the headings J Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); 4 Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); J City Council Matters J Charter Officer Matters J 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 agenda 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 the 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 to for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISEE 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 be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright ALT HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING HEARING ON GILLIAMS APPEAL TO PLANNING AND ZONING COMMISSION DECISION ON SEAWINDS CREMATORY MONDAY, MAY 17, 2010 5:30 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the hearing to order at 5:30 p.m. 2. The Pledge of Allegiance was recited. 2. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Building Director, Wayne Eseltine Growth Management Director, Rebecca Grohall Police Captain, Bob Lockhart Police Captain, Mike Beyers MIS Systems Analyst, Rob Messersmith Vice Mayor Hill said he was unable to attend the Tourist Development Council meeting in Vero Beach on Wednesday, May le as was his alternate, Mayor Gillmor, and since Council Member Wright had previously expressed an interest, Mr. Hill moved to appoint Mr. Wright as an alternate to attend the meeting and have the City Clerk send a letter to the committee advising them Mr. Wright will sit as alternate. Ms. Coy seconded the motion. Voice vote on the motion carried 5 -0. Special City Council Meeting May 17, 2010 Page Two 3. SPECIAL MEETING ITEM 10.045 A. Quasi Judicial Hearing of Appeal from Damien Gilliams of the April 1, 2010 Planning and Zoning Commission Approval of Site Plan Modification for the Seawinds Crematory Located at 735 S. Fleming Street (Growth Management Transmittal dated 5/7/10, See Page Index Attached to Agenda) Mayor Gillmor opened the hearing at 5:30 p.m. and the City Attorney read the title There was no ex -parte communication to disclose by members of Council. The City Attorney swore in all those who intended to offer testimony. Appellant Presentation Kimberly Rezanka, Esq., 8240 Devereaux Drive, Melbourne, Attorney with the law firm, Dean, Mead, P.A., representing appellant Damien Gilliams, presented her background in land use and zoning law; and experience presenting cases on behalf of clients before several government agencies in the area. She said they are here to ask Council to overturn the Planning and Zoning (P Z) Commission's approval on the Seawinds crematory and investigate whether Seawinds has complied with the approved 2003 conditional use permit, noting issues were bought to everyone's attention because of the crematory fire in 2009. She also noted there is a motion to dismiss the appeal before Council and she will address that later on. Ms. Rezanka provided two maps from City records depicting the distance from Mr. Gilliams' properties to Seawinds (marked new exhibits 1 2 attached). She said Mr. Gilliams has close connections to the subject property, owning a home within .52 miles, frequents businesses adjacent to Seawinds and walks his dog on the property to the south, he is concerned with pollution that may be coming into the Elks, and he also has commercial property in close proximity to Seawinds which he feels might be depreciating in value. Ms. Rezanka handed out case law relating to this issue (new exhibit 3 attached), which included 31 pages of six court decisions. She read excerpts from the first three cases, citing the psychological defensiveness of the crematory, stating it is well recognized that people have a fear of death, there is common knowledge of the devaluation of property in close proximity to a funeral home, and it should be considered as true. She said as to the appeal of the site plan modification, it is clearly an expansion that raises quality of life and health and safety issues, and although approved as a conditional use and site plan, it was her opinion this was a change because they are expanding the size, enlarging the crematory and the cooler which is clearly an expansion of the use. She said the fire should have caused concern and should be considered a safety hazard She noted that Council had received the March 6, 2003 P Z minutes but not the February 2003 P Z minutes which are very telling. She presented the February 2003 minutes in verbatim (new exhibit 4 attached) and read and cited underlined portions of those minutes. 2 Special City Council Meeting May 17, 2010 Page Three She noted Mr. Young testified that 50% or more bodies come from off site, however it was deemed to be an accessory use in 2003, and noted the March 6, 2003 minutes contain a great deal of testimony by Andrew Allocco, who had concerns about pollution. Ms. Rezanka cited and expounded on the following pages from the agenda packet exhibit: Page 126 Mr. Young testified that the facility would hold 5 -7 remains, Mr. Blessing asked if some one was always there and Mr. Young said a funeral director, but there was not a director there for the fire. Page 56 It was suggested by Mr. Mosby there should be more buffering but Mr. Young said there would not be. Ms. Rezanka said if the appeal is not approved asked to look for more conditions to protect the health, safety, and welfare of the public at large. Mr. Blessing asked about reducing the operation hours but there was never any conditional uses placed on this in 2003. Page 137 Mr. Mahoney said he couldn't see how this small size could cause so much discomfort. Ms. Rezanka said Mr. Gilliams believes there is substantial evidence to deny the expansion of conditional use based on health, safety, and welfare. Page 53 Mr. Nichols talked about the endangerment to lodge, suggesting moving the crematory to the other side of the property, and cited a violation letter from DEP because emissions were not checked as required. Madeline Walsh testified that she had personally seen smoke, and bodies pushed into the crematory on a gurney. She read adverse impacts from the Code defined as impacts potentially may be harmful or injurious to human life, wealth fare, or safety or property that may reasonably interfere with quality of life includes secondary or cumulative and she stated there are many people who have seen smoke, black smoke and gurneys. Page 11 March 10, 2010 Council minutes indicate Mr. Young said he would monitor with cameras but the condition was not imposed. Page 15 March 10, 2010 Council minutes indicate Attorney Vocelle said Mr. Young did not want to go back to P Z and would construct a wall adjacent to the Elks but it was not imposed as a condition. 3 1 Z I Special City Council Meeting May 17, 2010 Page Four Page 4 The number of employees and type of vehicles owned by the establishment weren't provided and there is no loading zone, service docks on the site plan. Page 103 The Elks asked for a number of conditions, there was an agreement but the conditions were never put into the plan approved by P Z. Page 113 The fire report stated, although considered an accident, the fire was caused by excessive heat, and failure to monitor which are conditions that can be imposed. Page 111 Maureen Mathewson's letters indicating she has seen gurneys wheeled in and out of the crematory. Page 151 There was a request from adjacent property owner Mr. Fischer, as stated by Warren Dill, for additional conditions that weren't incorporated, the most obvious being the hours of operation especially during Elks' Wednesday bingo from noon to 4 p.m. Page 172 Madeline Walsh's e-mail to the City talks about the acrid odors emanating, from the building, and the fire department has responded many times. Page 178, Section 3j the air permit does not relieve Seawinds of liability and penalties when the operation causes injury to animal plant, aquatic life for property. Page 189 Cited that DEP found the crematory in violation of statutes and regulations. Ms. Rezanka cited materials that were received by staff but not included in Council's agenda packet (part of new exhibit 4). Testimony submitted by former fireman Andrew J. Simso at April 1, 2010 P Z Commission meeting. Letter from Edward Arens, Past Exalted Ruler, Elks regarding witnessing the crematory fire. Signature pages people from the Elks attesting to witnessing smoke and sparks from the stack, strong offensive odors and gurneys. She then read from City Land Development Code criteria for funeral homes, citing procedures to protect health safety and welfare, citing the requirement for a major service road, with a service drive; and under site plan application, requiring designation of loading and unloading areas. 4 Special City Council Meeting May 17, 2010 Page Five In closing, she respectfully requested that City Council overturn the P Z Commission's approval. She asked if she would have the opportunity to address the other court cases she had provided if necessary. She was advised that she will have a chance for rebuttal. Ms. Rezanka said Mr Gilliams will testify to what he has seen and the adverse impacts. Damien Gilliams, 1623 US 1, Sebastian, said his home address is 713 Layport Drive, which is .5 miles from Seawinds crematory and he also owns property on CR 512. He said he has lived at the Layport address since 1989 and has been a real estate broker since 1987, stated as a realtor he meets at the Elks Lodge for membership meetings, as well as attends the Elks' breakfast on the 1 and 3 Sunday mornings, and sometimes has lunch at the Irish pub and the Chinese restaurant, directly across from the crematory. He said he has observed the burning and disposing of bodies, noting one time when the Elks were replacing their roof, plumes of smoke were coming out and affecting the roofers, that he walks his dog near the crematory, and used to stop at the Exxon station which is now closed. He said it takes eight to nine minutes for him to walk there, and it is in his neighborhood and he has a right to object to what is taking place. He said people say he is being spiteful, but said when you are eating breakfast and you hear the fans go on the first thing you think about is what is being sucked into the vents on the Elks roof and this should offend people. He said he can't see how those units are not sucking in smoke from people who have had radiation, who had fillings in their mouths and though it may not be a lot, it is a psychological effect. Staff Presentation 6:10 pm The Growth Management Director noted that Planning and Zoning heard all these issues on April 10, 2010 and imposed seven conditions as cited on agenda packet page 5. She then read the conditions. She said there are a number of people present as well as herself to take questions. Questions from Council Mr. Wolff asked for clarification that it had been stated that the maximum number of bodies per day would be 30 bodies. The Growth Management Director said though it came up in the hearing, she suggested posing this question to the applicant. Mr. Wolff said if that is true then it is possible to cremate 5,300 to 6,000 bodies per year, and with that kind of traffic, asked if we should be looking at loading zones, hours, number of employees, and as a City we should be prepared for that intensive use. The Growth Management Director read from criteria of the code relative to this use the first being is it in an applicable zoning district, and the second such uses should be using a major thoroughfare such as Fleming Street, and uses should be screened for which they provided additional landscaping. Mr. Wolff asked how far the school zone extends. 5 Special City Council Meeting May 17, 2010 Page Six The Growth Management Director said she did not know, the City doesn't have codes regarding this and it may be federal. Mr. Wolff said with the ability to cremate 5,000 bodies per year, he asked if that would be like a stand alone business, and at what point is it recognized as stand alone. The Growth Management Director said in 2003 it was stated that the use was conditional and the structure subordinate to the use, and read from the conditional use criteria of the LDC. Input in Favor of the Appellant: Leon Nichols, with a business at 735 Sebastian Boulevard, stated his business is less than 200 yards from the crematory. He said he was the original appellant to the crematory. He said it has been stated that Seawinds has the absolute right to rebuild, which he contended is not true. He said he spoke to Jan King, Growth Management Manager who pointed to Chapter 2 of the LDC which states that non conformity can be rebuilt but not larger than the original plan. He said he contends that Council is not bound by the 2003 Planning and Zoning approval, it should be returned to Planning and Zoning and told they don't have the right to rebuilt. He said it is a tremendous danger to the community, with an oven temperature of 1600 degrees, we have double the danger, noted there is an office complex behind the crematory and the crematory should be out where there is no population. He noted the zoning to the east is for an apartment complex, and said the reason they are not objecting to this is that they are in foreclosure but some day there will be an owner to that property. He said the crematory does not fit in with existing and future development, that it is in the epicenter of the City of Sebastian and it needs to be moved. Mr. Wolff said from the beginning they have been told that the crematory was grandfathered and they could rebuild what they had before. Mr. Nichols directed the question to the City Attorney. The City Attorney said fire destroyed the facility but it did not destroy the site plan, and they can rebuild. He said that to expand 500 feet or less could have been approved by staff but staff had the discretion to bring it to Council and they did that. He said the expansion was before Council. Mr. Nichols said he was not answering the question, and asked what provision of the code states this. The City Attorney said if this were a single family home in a similar circumstance, they would still have the zoning to do it to rebuild, and in that particular location they have the right to put a crematory which was decided seven years ago. Mr. Wright said he believed the City Attorney answered the question. Mr. Wolff stated that the Elks felt compelled because they were grandfathered to go after some additional conditions. 6 Special City Council Meeting May 17, 2010 Page Seven Mr. Nichols asked again why that language doesn't appear in the code, noting there is language for non conforming uses but why not for this. Mr. Wolff said we have to be practical and ask do we want to fight a lawsuit, the Code does not address it, and it's what we have to work with tonight. He said the expansion is not a given. Input Opposing the Appellant Buck Vocelle, 333 20th Street, Vero Beach, Attorney representing Seawinds, asked Mr. Nichols to clarify that he was here as an individual and not representing the Elks club. Mr. Nichols responded yes. Mr. Vocelle said this has been approved by Planning and Zoning Commission twice, was appealed to City Council in March and was not successful, and due to concerns remanded back to Planning and Zoning, which voted 5 -2 to approve this site plan. He said he had filed a motion to dismiss Mr. Gilliams' standing to bring this appeal and noted the City Attorney had asked that the issue of the motion be put at the end of this hearing. He said the Code states that to have standing a person must be affected and aggrieved and this is defined in case law. He said there must be something that makes a person separate and apart from his neighbors, that notice was sent to people within 300 feet of the subject property, and pointed out that no one from the shopping center appealed, Mr. Fischer has not appealed, no one from the town houses appealed, and he stated he did not believe Mr. Gilliams has standing or any special interest. Mr. Vocelle said it appears people want to revisit what happened in 2003 which was within the parameters of the LDC; but they were here tonight for a minor site plan approval that is that Seawinds could rebuild on the 480 footprint upon which it previously existed with none of the special conditions. He said Seawinds went back to the Elks and they recognized it was better to have protections so they compromised with the Elks and modified time limits. He noted in 2003, City Attorney Stringer advised that time limits could not be addressed because the conditional use was already voted on. He noted the items that have been achieved as a result were not to have cremations on Wednesdays from noon to 4 p.m., the most important thing was flipped the burning units themselves which moves the stacks toward the parking lot side so they are now 20 feet from the Elks lodge, having an enclosed stack, with a sprinkler above and a sprinkler below, and agreeing to 24 hour surveillance. Mr. Vocelle pointed out that the Code states in terms of minor site plan revisions, they shall be reviewed by the Director, but staff felt this to be a political hot potato so they referred it to P Z. He also stated pursuant to LDC Section 54.1- 2.4(g)(4), that with regard to the appeal of the final order, the City Council shall be limited to review of testimony documents, plans, papers or other material constituting the record upon which the action below was taken. He said Council has been provided with new material by Ms. Rezanka. He said it was Council's prerogative to accept the new materials provided by Ms. Rezanka or not. Mr. Vocelle said he agreed with the City Attorney that Seawinds could reconstitute the unit on the existing site plan even if Council denied the appeal but they don't think that is 7 Special City Council Meeting May 17, 2010 Page Eight desirable because they agreed with the Elks to flip the burning units so a wall is no longer needed and they believe that all concerns have been adequately addressed. He then asked Indian River County Fire Chief Brian Nolan to address the plan for sprinklers, fire protection system, and how it compares to the previous system. Brian Nolan, Bureau Chief, Fire Prevention Bureau, Indian River County, said he reviewed the plans and it was their idea that the chimney should be enclosed in a one hour rated enclosure with a fire sprinkler at the top and bottom, so in the event fire was able to get out, it would be contained by sprinklers for one hour. Mr. Vocelle asked him how the system would be monitored and Mr. Nolan said the fire sprinkler system would be monitored so if it discharged it would signal the monitoring agency and fire apparatus could respond. Mr. Vocelle asked if the Department was satisfied with the modifications suggested by the P Z Commission and Mr. Nolan said the sprinklers were not a requirement, but he suggested them to Mr. Young and Mr. Young wanted to be a good neighbor. Mr. Vocelle asked him if the project meets Fire Department approval and Mr. Nolan said yes it meets National Protection Association codes. Ms. Rezanka asked what caused the fire in 2009, and Mr. Nolan said he didn't investigate that fire, it was investigated by Captain Von Buelow, that the fire was able to get out of the chimney area to the roof but he was not sure of the exact cause. Ms. Kresanka asked, with this new system, is it impossible for the fire to get out and Mr. Nolan said it is not impossible but highly improbable, but if it gets out it that was the reason for the sprinkler system in the chimney area and it should be contained within the one hour enclosure. Mr. Vocelle called Project Engineer Randy Mosby to the podium and asked him to state his name and profession. In response to Mr. Vocelle, Randy Mosby, Mosby, Smith Engineering, he was a professional engineer and the crematory as modified by P Z conditions, meets and exceeds all the building codes. Ms. Rezanka asked Mr. Mosby what licenses he held and if they were current. 6:43 p.m. Mr. Mosby said he is professional engineer with structural, civil, and environmental engineering, in Florida, North Carolina, South Carolina, Virginia and Maryland; and all his licenses were current. He also stated he was currently licenses as a general contractor and threshold inspector in Florida. Mr. Vocelle said he would like to address conditions imposed and Mr. Wolff's earlier question about the number of daily cremations. 8 Special City Council Meeting May 17, 2010 Page Nine James W. Young, 1310 River Edge Drive, Vero Beach, owner of Seawinds Crematory, said they will be able to do two cremains at a time, one in each unit, said in Indian River County there are about 1700 deaths per year, and Seawinds does about 900 case calls per year which is 54% of the market share. He said with the Melbourne facility, he receives 1400 calls per year, and 85% are cremations and that equates to approximately 1000 cremations per year and typically one to two per day. Mr. Wolff said he was concerned because if Seawinds was purchased by a national funeral home and they decided to bring in business, the capacity would dictate the use and the City would have a fiduciary responsibility. Mr. Young said his business was the largest on the Treasure Coast and Mr. Wolff said then it is a prime target for the taking. Mr. Young agreed. Mr. Vocelle asked Mr. Young to compare the proposed crematory with the conditions imposed with a rebuilt original crematory unit. Mr. Young said the crematory would be running a lot more. Mr. Vocelle noted he would not need the fire protection system with the original unit and Mr. Young said that was correct; he spoke to the Fire Marshall and the Elks and agreed with what the Fire Chief recommended. Ms Rezanka asked if he had said they plan to do 1000 -1100 cremains per year and Mr. Young said yes and he is open 365 days per year. Ms. Rezanka asked him if he had testified that it takes 45 minutes to one hour per cremation and Mr. Young said the first cremation is one hours and then once it warms up, it is 45 minutes to one 'A hours per individual depending on the weight, and there is a 15 -20 cool down period between bodies, but the incinerators can't run 24 hours per day normally. Mr. Vocelle said in summary, they are asking that Council not uphold the appeal which requires a supermajority vote, he understood the feelings in the community and Council, but they have addressed this to be less obtrusive, a much safer facility, and noted when making accords, nothing is perfect from one side to the other. He asked that Council deny the appeal and if it gets to standing, to deny that as well. 6:51 p.m. Appellant Rebuttal Ms. Rezanka cited the last three cases in the new exhibit 3 she had provided previously dealing with the standing issue, citing Albright vs. Henley was a variance being appealed and this case found the and owner and tax payers within a mile had standing. She said the Carlos Estates vs. Dade County case talks about legally recognizable interest and it just has to exceed the general interest in the community. She said Mr. Gilliams has an adverse interest; it is where he frequents so he is subject to adverse impacts, therefore asked Council to deny the motion to dismiss for lack of standing. 9 CID Special City Council Meeting May 17, 2010 Page Ten She asked them to go back to 2003 when the conditional use was approved, there were two hearings, the building burned down, there is adverse impact presented to Council and she believed it would be subject to a new conditional use approval. She noted Mr. Vocelle has raised the point of record below, but she stated that everything in the record going back to 1997 can be part of the record in this matter. She said Mr. Vocelle raises issue of the wall, which was to be used for buffering, and Mr. Vocelle confirmed double burner which equates to double use. Ms. Rezanka said Council was within their right to put conditions on the number of crematories, and asked that they deny the motion to dismiss for lack of standing, overturn the Planning and Zoning Commission site plan approval or send back for conditional use approval or and conditions with what's been requested to protect the interests of the public. Closing of Hearing and City Council Action MOTION by Mr. Hill and SECOND by Ms. Coy to reject the appeal and affirm the action of P Z. The City Attorney advised before they act, to include in the record the material that was provided, noting Ms. Rezanka is correct that prior records, maps can be included. Ms. Coy said it was not usual to have additional records provided. The City Attorney said it is based on the previous record but he is treating this as an appellant court and they do base opinions on the record below but have the authority Of they wish) to supplement the record with new materials. He said in this case the new material, by operation of law, is before you, the other is Mr. Vocelle's motion on the standing issue which is not something that is new and it is up to Council to decide if they want to supplement the record. Ms. Coy said she didn't have a problem, but for the record, she did not have time to read the new exhibits. The City Attorney asked the maker of the motion, if he wished to, to include reference to standing, and in this case, the motion should include a determination by the City Council that the appellant doesn't have standing. Mr. Wright asked the City Attorney if the question of standing has any affect on the motion itself, and if Council recognizes the appellant has standing that doesn't necessarily mean his argument is valid. The City Attorney said that was correct. Mr. Wright said the question of standing in his mind is moot. Mr. Hill asked whether, even without including standing in the motion, the motion as it stands doesn't necessary imply there is standing. 7:03 The City Attorney said standing is important as it relates to Council's jurisdiction to make a decision on the merits. He said if the person doesn't have standing, then Council doesn't have jurisdiction because the parties have to have requisite to be before them. 1 0 Special City Council Meeting May 17, 2010 Page Eleven He said since standing was raised below, Council could ignore the motion, decide the issue and if they decided the issue of standing, he would defend whatever action Council takes, if they include standing, it gives him the ability to defend on standing and merit and that is the only issue the court will look at and if the court disagrees, Council would have another hearing. He asked them for the opportunity to defend on both issues. Mr. Hill said he does not believe the individual has standing or merits in this case. He said he was concerned that standing might be a hold up for other members. Mr. Wright asked if they could consider them separately. Mayor Gillmor offered to make a secondary motion that the individual does not have standing. The City Attorney said if we didn't already have a motion on the floor, an alternative motion would be to consider standing, and the second issue would be the merits. Mr. Hill adjusted his motion based upon both merits of the complaint and the fact he did not believe there standing "to reject the appeal based on merits and lack of standing." Ms. Coy amended her second to include the adjusted motion. Mr. Wright said Seawinds deserves credit for addressing the Elks' concerns, and said he liked the fact that the hours will reduced. Ms. Coy thanked Seawinds for doing exactly what they asked. Mr. Wolff said he thought Council was missing the big picture, that to analyze the case you have to take the parties out of the picture because we do have a good business, and the Elks had concerns and made compromises, but he thought the big picture was the establishment of these incinerator units in communities, and the #1 aggrieved party would be the town houses, and #2 the school, and by establishing units capable of burning, in the event Seawinds is bought out, 6,000 plus bodies per year in our community and next to a school He said we all have standing because we all live here. He said people talk of Mr. Gilliams being a political gadfly but the whole 22,000 of us are aggrieved parties and we missed it. He said projects change hands and then it is out of our hands, we have to look at quality of life, and again said take the parties out, it is the incinerators that are in question. Mayor Gillmor said he agreed with Mr. Wolff's passion, and felt that the aggrieved party will be the City, but we are in a process and we have to rein in our emotions and rule based on the evidence presented Mr. Wolff said because of the conditional use, we are not addressing hours, etc. and all these things will be left unaddressed, and this doesn't allow us to reframe conditional use now that our eyes are open. 11 Special City Council Meeting May 17, 2010 Page Twelve Richard H Gillmor, Mayor ATTEST: Mr. Wright said we hear that the Code doesn't need to be updated, but this issue points out the archaic codes we have to follow and are the basis of our decisions. He said he believes the City Manager has asked P Z to start reviewing the Land Development Code, but to impose arbitrary conditions not in the Code is unreasonable. Ms. Coy said there were strong opinions at the last meeting, and all questions were answered. She said she has complete faith and trust that Seawinds will do what they say they will do, and cited that five years ago she began her Council career based on a development that promised to do a lot of stuff and then they didn't. She said that she is a bear, cautioning them to abide by their covenants. Result of the roll call on the restated motion "to reject the appeal based on merits and lack of standing." Mayor Gillmor aye Vice Mayor Hill aye Ms. Coy aye Mr. Wolff nay Mr. Wright aye Motion carried 4 -1 Mayor Gillmor adjourned the Special City Council Meeting at 7:17 p.m. Approved at the regular City Council meeting. Sally A. Maio, MMC City Clerk 12 an HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 26, 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. Rev. Ellie Lea, First Presbyterian Church of Sebastian gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg Records Program Manager, Donna Cyr Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart Public Works Director, Jerry Converse Parks Supervisor, Chris McCarthy MIS Systems Analyst, Rob Messersmith AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 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 Chuck Neuberger, Planning Zoning Committee Service Mayor Gillmor said that Mr. Neuberger had asked to receive his certificate at the June 9 meeting. 3 Regular City Council Meeting May26, 2010 Page Two Mayor Gillmor noted there had been a request for a presentation of a check to the City, the City Manager noted the request had been changed, Damien Gilliams approached the podium. Mr. Wright called for a point of order and Ms. Coy asked if this should not have been an agenda modification. Mayor Gil'mar requested to modify the agenda to accept a check for the Junior Golf League. MOTION by Mr. Wright and SECOND by Mr. Wolff to amend the agenda for a presentation on the Junior Golf League passed with a voice vote 5 -0. Damien Gilliams, Owner of No Name Sports Bar, Sebastian, said he worked with the Golf Director to raise money for kids not fortunate enough to play. He thanked Brake City of Sebastian, Paradise Florist Gifts, Shears to You Salon, Menz Battista, Esq., Benchmark Kitchen Cabinets, Talk of the Town Hair Salon, Treasure Coast Aluminum, Leon Nichols, Esq., the Municipal Golf Course, and Discount Coastal of Sebastian for the $1,211.00 donation and said interested kids should contact him or the Golf Course Director for funding assistance. 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 inquests; 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 -14 A. Approval of Minutes 5/12/10 Regular Meeting 10.090 B. Resolution No. R -10 -16 Urging State to No Longer Utilize State Transportation 15-19 Funds to Balance State Budget (City Clerk Transmittal, R- 10 -16) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO FLORIDA STATE TRANSPORTATION TRUST FUND; REQUESTING THAT THE GOVERNOR VETO THE CURRENT "SWEEP" AND THE FLORIDA LEGISLATURE NOT MAKE FUTURE "SWEEPS,' TRANSFERS, OR DIVERSIONS OF MONIES FROM THE STATE TRANSPORTATION TRUST FUND; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION by Mr. Wolff to approve consent agenda items A and B. The City Attorney asked Council to include the adopted emergency Ordinance No. 0 -10 -02 as an exhibit to the minutes of Item B. Mr. Wolff agreed to this and Ms. Coy SECONDED approval of consent agenda items A and B with the reference requested by the City Attorney passed with a voice vote of 5 -0. 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. 10.088 A. Parks and Recreation Advisory Committee 21 -32 (City Clerk Transmittal, Applications, Ad, List) Interview Unless Waived and Submit Nominations for One Expired Regular Member Position with a Term to Expire May 1, 2013 Regular City Council Meeting May 26, 2010 Page Three Mayor Gillmor said there were three applicants. Scott Simpson, Sebastian, said he is a teacher and interested in the involvement of kids as he is the father of two and four year sons who know where all the parks are. He also offered to liaise with the School District and Council. Mr. Wright said Council was discussing utilizing the schools for activities and asked if that was possible. Mr. Simpson said he was not authorized to give authority but would be happy to speak with the School District. John Tenerowicz, 310 S. Wimbrow, said he is familiar with the parks as he just retired as a parks foreman who built or maintained most of the City's parks, he volunteers with the Sebastian Police Department and chairs the City Employee's Events Committee. John Danise approached the podium. Mr. Wright said Mr Danise took his spot on the Committee and asked him how the Committee should run, how often to meet, and be organized. Mr. Danise said the Committee should run as designated in code; noted he made a motion at their last meeting to meet quarterly unless the chair or two members ask for a specific meeting as the energy to have a meeting could be saved. He noted only eight people have attended the meetings since his service. He said he recommended listing the members on the City web page so they could be contacted and open to the public. Mr. Hill said it was nice to have so many civic minded individuals applying. Ms. Coy nominated Mr. Simpson. Mr. Wolff nominated Mr. Danise. Mr. Hill nominated Mr. Tenerowicz. Roll call on the nominations was as follows: Mr. Hill Tenerowicz Ms. Coy Simpson Mr. Wolff Danise Mr. Wright Simpson Mayor Gillmor Danise This resulted in a tie between Mr. Simpson and Mr. Danise. Roll call on the tie was as follows: Ms. Coy Simpson Mr. Wolff Danise Mr. Wright Simpson Mayor Gillmor Danise Mr. Hill Simpson Mr. Simpson was appointed to the regular member position with a term to expire May 31, 2013. The Deputy Clerk advised that Council will be filling another vacancy at their June 9`" meeting. Regular City Council Meeting May26, 2010 Page Four 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS 10.023 A. Review Street Resurfacing Report (City Manager Transmittal, Plan) 33 -45 The City Manager said he wanted to review the streets they have inventoried for resurfacing that were grouped into four categories: good, fair, poor, and bad. He reviewed staff's recommended action on circle page 34 and said Frank Wantanabe from Neel- Schaffer was available for questions. Mr. Wright said the subdivision where he lied was in the process of fixing Fischer Circle and they found the major cost was the asphalt and 1 '/z inch of asphalt would be needed to do a good job but he went back to page 41 and it says %3 inch was used to estimate the number of tons needed for the level coilirse, and he asked if the cost projections would be substantially different. Frank Wantanabe, Neel- Schaffer, explainefl a half inch is the leveling course, then one inch is added so the analysis is for 1 inch roadway. Mr. Hill asked what staffs plan was for the poor roads in the CRA District. The City Manager agreed those roads could be done with CRA funds, but Council direction has been hold spending while Council revisits the CRA master plan; and he noted that they talked about one -way streets, adding landscaping and a couple of different things, so before the streets are repaved they should be sure that is where they want to go. He said he planned to have the first CRA master plan workshop on June 9 at the end of July they will have a better feeling for CRA monies, and then they can talk about repaving. He said if it was Council's inclination to pave the streets they could be added but he wasn't sure where Council would want to go with capital improvements so he did not commit any funds except those for Indian River Drive to solicit a micro surfacing number. Mr. Hill agreed that it would be foolish to spend CRA dollars until we are sure, but noted they will not have beautification without resurfacing or restructuring. Mr. Wright added the CRA's roads in are in very poor condition and one of his biggest concerns was that the cost for total restructuring is high compared to maintenance and they should look at maintenance funding in the upcoming budget process. Mayor Gillmor said he would much rather see money put into the poorest streets than micro surfacing Indian River Drive. Ms. Coy agreed the roads should be done and list Indian River Drive under the poor category. Mr. Wolff asked the City Manager if $161,000 was for resurfacing. The City Manager directed Council to circle page 34, noting they listed the streets that need to be repaved and repaired and at Council's direction, staff could go ahead with the chart listed which adds up to $161,000. Mayor Gillmor said if it is listed on the agenda, it is certain that it will get done but the businesses in the district need to know they will get their roads fixed. Regular City Council Meeting May 26, 2010 Page Five The City Manager pointed out the paragraph under the chart indicates the district's roads that could be done. Mr. Hill said that two weeks ago bump outs was the thing to get done now and now they are talking about roads and the entrance which means they don't have a plan. He suggested not spending a dime until a plan is in place. Ms. Coy suggested they don't have to pay for the roads with CRA funds but they will know better after the workshop. Mr. Wright said Mr. Hill made an excellent point, noting they could have construction equipment drive over a freshly paved road and having a plan in place will save money in the long run. Mr. Wolff said he was going to ask about the $161,000 number because Indian River Drive was not included but he understood now why it was not and he cautioned that if Council wants to do the district's roads, Indian River Drive should be last. The City Manager agreed and noted that when they go out to bid, they will have a unit cost for renourishment, rebuilding base, asphalt paving, and micro surfacing so they can always add later and use the unit costs for a change order. Mr. Wolff directed Mr. Wantanabe to circle page 7, under D. Estimating Pavement Budget Items Full Depth Reclamation with Recycled Cement Treated Base and said it doesn't actually tell how the cost is calculated and what part of FDOT standards it comes from. Mr. Wantanabe clarified that reconstruction is the highest cost which includes the entire depth of the roadway including the base and the soil; and reclamation is what is happening on Barber Street with the grinding using some of the material as the new base and you don't know how far until you start to grind down, and sometimes they have to go down the entire 8 inches. Mr. Wolff said the other items described how the unit bid that is measured. Mr. Wantanabe said it is typically square yardage because the third number is unknown which is why you cannot use cubic measurement. Mr. Wolff asked if they are up to FDOT standards. Mr. Wantanabe said all of the proposals meet FDOT specs and FDOT understands that lower agencies can't meet the high requirements but many cities are resurfacing so all these meet the local agency standards. Mr. Wolff said when he traveled down streets recommended for micro resurfacing, he noticed the edges have chunks of asphalt are missing, and asked how they weighed that up. Mr. Wantanabe said he and the Public Works Director drove every street and looked at the wheel tracks, then center, then edges, and used the majority of the road to rate them. Regular City Council Meeting May26, 2010 Page Six Mr. Wolff asked if the potholes will be done at the same time as the micro surfacing or later. Mr. Wantanabe said there is a contract in place and they should be done at the same time with the hot mix. Mr. Wolff asked why they see sunken asphalt. Mr. Wantanabe said asphalt installation is an art, and unless a little rise is included, it compacts down and makes a dip. Mr. Wolff said he wanted to ascertain if the City had the equipment to repair potholes. Result of the roll call: AYES: Wolff, Wright, Gillmor, Hill, Coy NAYS: None Motion carried. Mr. Wantanabe said asphalt repair should be farmed out because of the equipment's high cost. MOTION by Mr. Hill and SECOND by Ms. Coy move to approve staff recommendation. Public Comment Damien Gilliams asked Council not to tap ifito the CRA funds to repair the district roads as they already paid gas taxes so it will be double dipping the tax payers. 10.070 B. CR 512 Beautification Project (City Manager Transmittal, Plan) 47 -56 The City Manager said he wanted to bring this back to inform Council of the construction plans for the intersections at Roseland, Barber, and Fleming Streets noting the City still needs to receive the LAP certification; and the County still needs to approve the improvements and the maintenance. Mr. Hill said he was glad the City Manager clarified it was the County who has looked down upon these efforts in the past; and he urged Council to consider maintaining CR512 that the City chooses to beautify. The City Manager said there will be five flower beds and mowing grass to add to staff's list which should be carefully considered when considering new projects. Mr. Wright said since we are looking at a master plan, if we decide to set up a master plan for US 1 it is important we adjust this to match, adding the final design should be part of the overall look we want. Mr. Hill said we have an overlay of the corridor and he would separate the two as two areas of our community, noting this is in line with the plan. Mr. Wolff said there is a limit of square footage to work with on CR512. Mr. Wright said no action is required tonight, but just that the consistency blends together. Ms. Coy said they may want to reconsider the beginning of the triangle once it comes to CRA as it is a gateway. Regular City Council Meeting May 26, 2010 Page Seven Mr. Hill pointed out the triangle is part of both of the overlays. He said the actual buildings are different on CR512 than on US 1 and there should be a smooth transition. The City Manager clarified once they receive LAP certification, he will get County approval, then go out to bid and come back to Council with a construction agreement. Mayor Gillmor requested a visual rendering or picture so he can visually see what is going in. The City Manager pointed out that he did ask if they had a problem that they get back to him and had included vegetation notations a few time throughout the transmittal. He continued that going forward the issue is the middle median serves as retention pond requiring detailed calculations on how much retention we are taking away and they will be fighting where that water will go, becoming an engineering challenge to improve the corridor. He also said there could be mitigation issues such as plantings, not filling in holes, bump outs in medians and Council may want to look at this in the CIP planning. In response to Mayor Gilmor, the City Manager again said nothing could begin until they received the LAP certification, and in response to Mr. Wolff, the City Manager said the funding would come from DST funds. Mr. Wolff said the medians do serve as retention ponds and we will have to work with what we've got and make it aesthetically pleasing. Ms. Coy said she sees some potential to reroute some of the water to make it more appealing. There was no public input on this issue. PUBLIC INPUT Linda Sevenliss, 317 Sea Grape Avenue, 19 year resident, said she has a neighbor with a pot belly pig and roosters and she asked how the code can be changed regarding pet animals. The City Manager said Ms. Sevenliss has spoken to Code Enforcement and the code prohibits livestock, but the next code paragraph makes an exception for pigs. He noted at the time when the code was being rewritten from a rural code to a more urban code many had pigs as pets providing for the exception today. He said to immediately help Ms. Sevenliss, Code Enforcement will have to ensure the owner is following pig exception rules that the pig is full blooded pot belly, goes to a vet, and stays inside for ten hours a day. Mr. Hill asked about the chickens. The City Manager said the chickens have to be caged. Mr. Wright asked about health and sanitary conditions. Regular City Council Meeting May 26, 2010 Page Eight The City Attorney said the pig is covered under code section 18 -31, the health issues are dealt with in that it is not allowed to have certain diseases, and there is no provision for smell. He said in regard to chickens, code section 18 -29 provides that no more than two be allowed per lot which includes the hen or the rooster. Mr. Wolff asked if the code addresses how a domestic pet is kept, feces disposed of, or if a nuisance problem existed. The City Attorney advised it does not, just whether it is penned in, with a certain height. Mr. Wolff said any animal could cause this. The City Attorney advised there is the noise ordinance that we can look at. Mr. Wolff asked what step the City can take. The City Manager said he planned to treat the pig as a domestic pet, if violations are present the owner can be written up for this. The City Manager asked Ms. Sevenliss if this was a satisfactory long term solution or did she want Council to do a more strict change to the code. Ms. Sevenliss said it's getting hot, summer is coming, they put manure around their trees, breezes bring the odor into the house, and the roosters are noisy. Mayor Gillmor said they could work with the code. Damien Gilliams, 1623 US 1, asked why it's a health hazard to have pigs and chickens but it's okay to incinerate bodies next to a restaurant. Sal Neglia, Sebastian, said the pig needs to be vaccinated for rabies and checked by a licensed veterinarian which should be a City concern. He asked that CR512 be referred to as Sebastian Boulevard. Mr. Wolff said the onus is on the owner to make sure the pig has gone to the doctor. Frank DeMeyers Easy Street, said he frequents the dog park, thanked Council for it, and commended the Parks 8 Recreation Advisory Committee for being there. Jim Sunnycalb said we have sidewalks that need to be repaired, in particular Easy Street. He said he would like to see a maintenance program for the sidewalks. Mayor Gillmor called for a recess at 7:56 p.m. and reconvened the meeting at 8:10 p.m. All members were present. 12. NEW BUSINESS 10.087 A. First Reading of Ordinance No. 0 -10 -03 Regulating Pain Clinics (City Attorney 57 61 Transmittal, 0- 10 -03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE ISSUANCE, DUPLICATION, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR CERTAIN PAIN CLINICS OR PAIN MANAGEMENT CLINICS; ENACTING ARTICLE IV OF CHAPTER 30 OF THE CODE OF THE CITY OF SEBASTIAN PROVIDING FINES AND PENALTIES PROVIDING FOR CONFLICT PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE Regular City Council Meeting May 26, 2010 Page Nine The City Attorney read Ordinance No. 0 -10 -03 by title and described a scrivener error on circle page 60, where he asked that "or" be deleted and add "No local business tax receipt shall be issued, duplicated, transferred, or renewed for certain pain clinics or pain management clinics as defined herein" as Paragraph (1) under Section 30 -83. Prohibition. MOTION by Mr. Coy and SECOND by Mr. Wright approve Ordinance No. 0 -10 -03 with the two amendments as proposed by the City Attorney. The City Attorney announced the public hearing will be June 9 The City Attorney said this is a national problem, there are several ways to do this, he has talked to the Police Department, and this was written for enforcement. He said the State has enacted a bill but portions won't be in effect for years, there are a number of issues involved and they may be revisiting this from time to time. Result of the roll call vote: AYES: All NAYS: None Motion carried. 10.089 B. Resolution No. R -10 -15 Revised Park Regulations and Fees (City Manager 63 -90 Transmittal, R- 02 -47, Section 74 -1 through 74 -10 Park Use A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. &:17 pm The City Manager said this is a resolution with modifications for Council's consideration. He said the modifications include: >delineate of type events regulated at the City >facility uses occurring at Community Center and Yacht Club >park events at any outdoor parks with 300 or less >special events with 300 people or greater, generally co- sponsored by the City He said staff wants to keep parks open and not over regulate the fees noting the resolution does increase the fees slightly. He suggested a discussion on where they want to have park use and special uses. Mayor Gillmor clarified the fees are double than what they were before, and institutes a deposit where there wasn't one before. Ms. Coy thanked the City Manager for expediting this but at the same time she asked why this was not put before the Parks Recreation Advisory Committee. She clarified that they are not attempting to limit Christian events and she stated categorically that this is not before them to be anti anybody, but to be fair to everyone. She said of late we have administratively given use of parks, public facilities, and the stage at discounted rates or free which can get us in a lot of trouble. She said if we give to one, we have to give to everyone for free. She said Riverview Park is the City's crown jewel and when people drive by and see a large Regular City Council Meeting May 26, 2010 Page Ten gathering there, 99% of the time the gathering is City sponsored. She said when the door is open for one, its open for all. She passed out a letter from a Vero Beach woman who cites the use of the Park inappropriately. (attached) She said she would like public input and have Council provide more spaces for functions. She cited some of Vero Beach's amenities to rent and noted the east side of Riverview Park could be a covered or fenced for private functions by everyone and anyone which would be separate from Riverview Park. She said the resolution should be sent to Parks and Recreation Advisory Committee so they may identify parts of the Park to hold events and have parts identified as being rented. 2 Mayor Gillmor said we have that now when someone rents the pavilion. Ms. Coy said the problem is people are renting the whole park. Mayor Gillmor said that was not the case, as the Craft Club rents the whole park. The Park Superintendent confirmed the whole park is rented out for various events and amenities such as the splash pad add to events. He said for the big events they can't rent only the pavilion because it is used for the event. Ms. Coy said because of our long history with the Craft Club, the Art Club, and Rotary Club, they should be considered an accepted use. She said you could rent our park for $50, and if you talk to the right person you get the stage for free. Mr. Hill said he didn't see what the problem is, Riverfront Park was built for events, and he has not one time received one single complaint about events in our Park. Mr. Wright asked him to recollect the clambake. Mr. Hill said the voters took care of that issue. Mr. Hill said there is a fee, and as long as we are covering our expenses, we shouldn't make a profit on a public park. Mr. Wright asked the Superintendent how many Park's staff were cut. The Superintendent said none were cut but some were not filled. Mr. Wright said services are increasing but staff is being reduced. Mr. Hill said this is fixing a problem that doesn't exist, people love the events, they draw people driving by, and he is pleased with what has been going on. MOTION by Ms. Coy and SECOND by Mr. Wright to send the resolution back to the Parks and Recreation Advisory Committee for review and public input. Mr. Wolff noted the Rotary Garden Show was not a City sponsored event and asked who cleans up after the event. The Superintendent replied they do their own clean -up. The City Manager added that staff works for three hours every Saturday and Sunday doing sweeps of the parks. Mr. Wolff said he didn't understand if there is the same amount of people working no matter if there is an event or not. Regular City Council Meeting May 26, 2010 Page Eleven The Superintendent said the biggest event is the clambake, then maybe the 4 of July, and there are a lot more people working and the City Manager has the ability to charge more. Ms. Coy asked who brings the bleachers to the park. The Superintendent said they are left at the Park because there is a ceremony this weekend. Mayor Gillmor said he was not in favor of this going back to the Parks and Recreation Advisory Committee but the fees do need to go up and he saw the resolution as simply an update of what has already worked for 10 years and he agreed with Mr. Hill that if it isn't broken, don't fix it. He said when you send something to a committee things get messed up although committees do a good job. Mr. Wolff said he would have liked to have seen use of the stage and bleachers addressed in the packet as there isn't a fluid understanding of how permission is given, and he was concerned whether the stage deposit was enough. Ms. Coy said that brings up equipment and asked the City Manager if he looked at Vero Beach's policy. The City Manager said it was not material, he was familiar with what the City has and what works. Ms. Coy said Vero Beach requires a separate insurance liability for bounce houses and they may not be set up for more than four hours. The City Manager said they look at that when they approve it administratively. Ms. Coy said those items are not on a check list so it would be fair to everybody. She asked if we charged tax for the parks. The Superintendent said tax has been charged on the Yacht Club and Community Center and we recently started charging for the Park. The City Manager said he could provide the written policy for the stage. He said the LoPresti grand opening and all other non profit events, other governments and Chamber have received the stage for free. Ms. Coy said that needs to be in writing and she heard the stage went to Brevard County. The Superintendent said staff did switch with Brevard County for a Movie on the Green. Public Input Seth Goldsmith, Pastor, Coastal Community Church, said his church hosts multiple events in the Park such as a block party, family game night, hog roast, Christmas Eve event, Back -to- School Bash and he feels the community depends on these events, they invest in the community, they pay full price and the Park would not be a jewel if you can't use it. Louise Kautenburg, Sebastian, said she agreed and has enjoyed all events. She said the reason we are looking at this is because things change from time to time, there are more and more requests to use the Park, and they should make sure the public asset is protected. Bruce Lea, Sebastian, said he appreciated Ms. Coy's words and the resolution did not speak to the same thing. He said having the City Manager make the decision as to what adversely affects the public with no appeal is a slippery slope. He said he may not want to see particular group but he will fight for their right to be there and hoped they would fight for his right to be there. Regular City Council Meeting May 26, 2010 Page Twelve Michael Lyle, Pastor, Crossroad Christian Fellowship, said he agreed with Mr. Lea and didn't believe in limiting any organization and if they are going to make exceptions for one, there needs to be exceptions for everyone, if a group pays the fee and lives by guidelines then they should use it as they pay the taxes. Deana DeLuca, Sebastian, said if we want to see that Park used, let's bring the community together, as to making a spot to rent, she suggested putting a fence around the green area for another dog park. She said let's use it and put an end to this. Jim Sunnycalb, said the Parks and Recreation Advisory Committee needs respect as a City committee and asked how the fees will affect his train display. Mayor Gillmor said if everything had to come to Council, nothing would get done, he wasn't disrespecting the Advisory Committee, they are supposed to give vision for new parks, and it will take another month for them to meet and discuss the resolution. Ms. Coy said if staff allows trains, she appreciated Mr. Lea's comments, that if they don't define what is okay they will go down a slippery slope. Mr. Wolff said that will be the City Manager's administrative prerogative to accommodate all those that want to use the park and he was sure he would come to an amenable decision. Erin Sarong, Sebastian, said we all love the park and if someone is using the park for something she doesn't like, she wpn't go. She said to allow the City Manager discretion for those that want to Use it for the good of the community. Mayor Gillmor asked the City Attorney if he reviewed section two, circle page 66, referencing City Manager approval. The City Attorney said he did and noted the City Manager is also constrained by the constitution, if a group came in and said we are the Beacon Society and we want to set the pavilion on fire to make a great lighthouse photograph, the City Manager can say he appreciates the concern but we are not going to allow destruction of property. He said they are going to make a public asset unavailable to others and wouldn't be allowed. He said he didn't view it as a license to be arbitrary with respect to one group or other but Council and the Administration have a duty to protect the public assets and that is what the City Manager will be doing. Mr. Wolff clarified that we are allowing use as long as the group is not destructive. The City Attorney said that is correct. Mr. Wright said he wondered if it is appropriate to use the facility for events that aren't City sponsored events on holidays because of the amount of traffic, and asked would it be allowed that we don't allow an event because there is too much going on. The City Attorney said yes, the legal phrase used is "time, place, and manner" and part of what they're getting is the notice of what is being proposed and you have opportunity to decide if the event should have closed streets, different parking arrangements and different accesses. Regular City Council Meeting May 26, 2010 Page Thirteen Mr. Wright asked what the prohibition was as far as bringing in a boat show, and if it makes sense to refuse something like that. The City Attorney there is a boat show in Vero Beach and they could look at issues involving flea markets, farmers markets, other boat shows, essentially commercial uses, not everything should be the basis of a legal decision. Mr. Wright asked how a boat show adversely affects the public. Mr. Wolff said that was important as there is no appeal process. The City Attorney explained most governments don't invite the public to speak on every issue, but as a tradition this Council does, Sebastian doesn't have a concern about being inaccessible to the public on any issue. Ms. Coy said this opens another door because if there is a boat show it shouldn't be in a park but across the street and there should be input from the Parks and Recreation Advisory Committee and the public. Mr. Wright asked if they could adopt a fee increase and send the rest of the resolution back to the Advisory Committee, and let the public come to Council. Mr. Hill said there is very little changed in the resolution. Mr. Wright said the Advisory Committee should review things on a regular basis. Mr. Wolff suggested taking the City Manager out of it and ask what they are sanctioning him to allow and not allow. Mr. Hill said the Parks and Recreation Advisory Committee could recommend changes at any time. Ms. Coy asked if the City Manager has the discretion to say no to a group. The City Attorney advised that assuming all is in order, he does not. Ms. Coy said there is a train wreck coming, we can include everyone and not embarrass ourselves, and there are a lot of people using that Park everyday. She said Mr. Stringer wrote an ordinance that never carne back to Council and the City Manager said it was the resolution before them tonight with a chart. Ms. Coy said the resolution was written five years ago, they didn't have public input, it was slapped together without the Advisory Committee, and she expected Council discussion to direct staff to write the resolution. The City Manager said the request was to place park use on the agenda and he saw his job as to react and prep this for Council so Council could deliberate on the matter, not send it to the Parks and Recreation Advisory Committee. He said he respected her belief that there could be an event that goes wild, but that has not happened to date, he has administered the park and stage fairly, and he will let Council judge him accordingly. He added that he does plan to be more participatory with the Parks Committee. Ms. Coy said if a commercial activity wanted to rent the Park and met the qualifications, would that obligate staff to rent the Park. Regular City Council Meeting May 26, 2010 Page Fourteen The City Attorney said he didn't think so but Council should decide that when it comes up. He advised Council would have to make a distinction such when the Art Show comes up, people want to sell their art. Mayor Gillmor called for a recess at 9:32 p.m. and reconvened the meeting at 9:42 p.m. All members were present. Mayor Gillmor asked Ms. Coy to consider amending her motion to send the resolution back to Parks and Recreation Advisory Committee for review but increase the fees now. Ms. Coy said yes, but a lot still needs to be cut and dry so the City Manager is not in an awkward position. Mr. Hill reminded them of the two organizations that are waiting on the resolution, and he would not support the motion directing the resolution be sent to the Parks and Recreation Advisory Committee. AMENDED MOTION by Ms. Coy and SECOND by Mr. Wright to send the resolution back to the Parks and Recreation Advisory Committee with the increase effective tomorrow. Result of the roll call vote: AYES: Coy, Wolff, Wright NAYS: Gillmor, Hill Motion carried 3 -2. 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS The City Manager said the School Board approved the dedication of the Powerline Road rights -of -way and he will start scheduling the public workshops on the design. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Council Member Wright Mr. Wright said the storm water assessment fee was discussed at their recent workshop and he objected to commercial entities paying a larger share of the storm water fee; and he gave credit to the City Manager for providing him the credit policy and application that businesses could apply for. He announced this was available and the application deadline would be extended until July so the business community can take advantage of it. He also invited the public to a light sport aircraft event at the LoPresti hangar June 4 -6. B. Mayor Gillmor none. C. Vice Mayor Hill none. Regular City Council Meeting May26, 2010 Page Fifteen D. Council Member Coy Richard H. Gillmor, Mayor ATTEST Sally A. Maio, MMC City Clerk Ms. Coy Monday invited the public to the Veterans Day function at the Park. Ms. Coy asked Mr. Wright if he asked the City Manager to put the storm water assessment credit application on the website. Mr. Wright said he asked that it be put into these minutes and the City Manager planned to get it on the website, Channel 25, in the paper and under his matters on the next agenda. Council Member Wolff Mr. Wolff congratulated the graduating seniors at St. Edwards and the Charter High School and noted next week Vero Beach, and Sebastian River High seniors will be graduating. He gave a special wish to Natalie Wolff and wished her much luck this fall at Yale University. 17. Being no further business, Mayor Gillmor adjourned the regular City Council meeting at 9:52 p.m. Approved at the regular City Council meeting. Sit r u HOME aISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Prior Travel Authorization for Council Members to 2010 FLC Annual Conference Hollywood, Florida August 19-21, 2010 Ap ro d for Submittal by: Agenda No: ,O, Department Origip9,C�it Cler 's Office City Attorney: /�.f1 For Agenda of: 6/9/10 Exhibits: Information Expenditure Required: Registration: $325 each Travel: 381 mileage each $596 (4 nites) hotel each 149 meals each Amount Budgeted: Available Ed Training: $2,225. Travel: 9,354. Appropriation Required: N/A SUMMARY STATEMENT In accordance with code section 2 -35 and the "Council and Charter Officer Travel Policy and Procedures" authorize travel for any Council Members that may wish to attend the 2010 Florida League of Cities Annual Conference in Hollywood, Florida on August 19 to 21, 2010 RECOMMENDED ACTION At Council's discretion, move to authorize travel for any Council Member wishing to attend the 2010 Florida League of Cities Annual Conference in Hollywood, Florida on August 19 to 21, 2010 (Please advise Clerk's office as soon as possible if you wish to attend) 2010 FLC Annual Conference c t hut 00 4 tr Mark your calendar for the League's 2010 Annual Conference, August 19 -21, at the Westin Diplomat in Hollywood. Registration fees are $325 per person and the rate at the Diplomat is $149 per night. The schedule and registration information will be available at http.//vmw,ficities.coni by the middle of June, and conference announcements will be mailed soon after. MORE> Subject: Enterprises A A Amendment of Mishler Airport Lease Agreement s prow d for Submittal by: M' 1 er, City Manager i Agenda No. i 0. 044 Aepartm Airport (origin): Finance City ty Attorney: Attorrney: City Clerk: Date Submitted: For Agenda of: y 1 COT/U June 3, 2010 June 9, 2010 Exhibits: 1. Airport Lease w /assignments 1 2; 2. Second Amendment of Aviation Lease Agreement; 3. Mishler Correspondence EXPENDITURE REQUIRED: -0- AMOUNT BUDGETED: -0- APPROPRIATION REQUIRED: -0- MUNICIPAL AIRPORT AGENDA TRANSMITTAL Cit of S ebast ian, Florida SUMMARY Mr. Ken Mishler is the President/Owner of Mishler Enterprises (hereinafter "Mishler Mishler operates leasehold at the airport that is engaged in aircraft rebuilding and refurbishment. Mr. Mishler wishes to modify his lease by adding: 1. Certified aircraft repair facility 2. Certified composite shop 3. Paint facility 4. Avionics repair shop 5. Aircraft upholstery shop It is airport staff's position that the use and purpose changes to the Mishler leasehold would not affect other tenants at the airport. In some cases, additions to Mishler's use and purpose may complement other tenants, especially in the area of aircraft maintenance inspections. The change in the use and purpose may permit that entity to add some jobs, which would benefit the community. Any change to flight operations would be de minimis. RECOMMENDATION Approve execution of the SECOND AMENDMENT OF AVIATION LEASE AGREEMENT for Mishler Enterprises. AIRPORT LEASE THIS LEASE, made and entered into this 27th day of September, 1995, 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 BRIAN E. BARRY, (hereinafter referred to as the "Tenant The Landlord and the Tenant are sometimes collectively referred to herein as the "parties WITNESSETH: WHEREAS; the Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian 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 4 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 3. 1 ERM OF LEASE The term of this Lease shall be for a period of twenty (20) years commencing sixty (60) days after the date the Tenant executes this Lease and will end on the twentieth (20th) anniversary of such date. So long as the Tenant is not in default of any term, condition or covenant provided in this Lease Agreement, including any addendum hereto, the Tenant shall have the option to renew this Lease for one (1) additional twenty (20) year term (the "Option Tenn by providing the Landlord with written notice of the Tenant's decision to exercise his option no less than one hundred eighty (180) days and no more than two hundred ten (210) days prior to the expiration of the initial term of this Lease. All other provisions of this Lease Agreement shall apply during the Option Term, provided, however, the yearly rent during the Option Term shall be in an amount determined by the Landlord by and through the City Council of the City of Sebastian, including the method for calculating annual adjustments thereto. 4. RENT. The patties agree that the rent, payable by the Tenant, during the term of 2 this Lease shall be as follows: (a) For the leased premises the yearly rent shall be one thousand two hundred dollars (51,200.00) per acre. The Landlord recognizes 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 July of 1996, 2001 and every five (5) years thereafter the Landlord will compare the base price index for December of 1991 and the yearly rent amount shall be increased (or decreased) on December 1, 1996, and every five (5) years thereafter in the same proportion as said July index has increased (or decreased) over (or under) the price index for December, 1991, or for December, five (5) years earlier. In no event, however, shall the rent decrease below the sum of S1,200 per acre. (b) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that time of payment of performance is of the very nature and essence hereof. (c) Default in rent. If any of said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of the term This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all unmatured rent installments presently due and payable. (2) Partial acceleration. In lieu of the option in Sub paragraph (1) above, 3 in Section 2 (above) and on a like day of every month thereafter during the term of this Lease. 5. FUEL FLOWAGE FEE (a) In addition to the rent due hereunder, the Tenant and any sublessee of Tenant, shall also pay to the Landlord the following sums, which shall not be rent for the leased premises, but shall be collected by the Landlord from the Tenant, and any sublessee of the Tenant, at the time of delivery at the Airport: Two cents per gallon on all aviation fuels delivered to the Tenant, or to any sublessee of the Tenant, at the Airport (the preceding charge per gallon shall be subject to change at any time by Landlord as determined by resolution of the City Council of Sebastian. Such change shall become effective immediately upon delivery of written notice thereof to Tenant) (b) The Tenant and any sublessee of the Tenant shall furnish to the Landlord written detailed monthly statements showing the total amount of aviation fuels delivered to the Tenant, or any sublessee of the Tenant, at the Airport. Said statements shall be furnished no later than the 15th day of each month during the time this Lease shall be in force. The Tenant agrees, both on behalf of itself and any sublessee of the Tenant, that said amounts may be collected by the Landlord from the Tenant, or any sublessee of the Tenant, in the same manner as rent. (c) The monthly statements referred to in the foregoing subparagraphs pertain only to operations conducted at the Airport and exclude any operations of the Tenant, or any sublessee of the Tenant, conducted at other locations. (d) The Tenant, or any sublessee of the Tenant, shall further retain upon the 5 leased premises all delivery bills, invoices and related records pertaining to all aviation fuels delivered to the Tenant, or to any such sublessee, and shall produce and make available such books and records upon request by the Landlord for the purpose of auditing payments to the Landlord as provided hereinabove. Such books, records and other documents shall be made available for inspection to representatives of the Landlord within 15 days of written notice to the Tenant or any sublessee of the Tenant. If said inspection reveals that payments to the Landlord are in error, by more than 2 then Tenant shall pay the additional amount owing to Landlord plus all costs of said inspection. 6. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the purposes described in Paragraph 7 below, and that in order to utilise the leased premises for this purpose, it will be necessary to erect thereon a building and other improvements, to be constructed by the Tenant upon the leased premises at the Tenant's sole cost and expense and to comply with all applicable rules, laws, regulations and requirements pertaining thereto. (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 buildings or other structures described in this Agreement, 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 constriction. The Tenant covenants and agrees that all such construction shall be in accordance with the local 6 and state codes, regulations and requirements as well as in accordance with all requirements a 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_ (c) 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 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. 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 1 7 damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at its expense. (d) In the event the Tenant is prohibited from obtaining a building permit or license to construct the improvements described below, within ninety (90) days from the date hereof, from the appropriate governmental authorities having jurisdiction over the leased premises, for reasons not caused by and beyond the control of the Tenant, this Lease shall be null and void and the Landlord and the Tenant shall have no obligation toward each other except as otherwise provided herein. (e) Attached hereto as Schedule "B" is a description of all improvements to be constructed on the leased premises by Tenant, including the date of commencement and completion required for each improvement. In the event that such improvements are not commenced on the applicable date set forth in Schedule "B and thereafter completed on the applicable date set forth in Schedule "B" Landlord shall have the option to terminate this Lease and have no further obligations to Tenant hereunder Such option shall be exercised within a reasonable time by written notice to Tenant. 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 lawfal authorities having jurisdiction over the leased premises. The Tenant agrees that the leased premises shall be used 8 1 by the Tenant solely for the following purposes or uses: Aircraft Refurbishing and Rebuilding Any use of the leased premises other than those specifically stated above are expressly prohibited. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. 8. REPAIRS AND ALIERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located or any part hereof thereon during the lease term 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, upon completion of the original improvements, 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 indenmify, 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 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. INSURANCE- The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, public liability and property damage insurance coverage with 10 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 S500,000.00 for injury or death of any one person and 51,000,000.00 for injury or death for any one accident, together with 5500,000.00 for damage to property. (Tenant agrees that 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. 13. FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of 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 11 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 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, however, that all repaired and/or replaced building and other improvements are repaired/replaced in a manner equal to or better than the 12 1 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 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 andlor 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 MA 1 1 ERS. The Tenant hereby agrees to indemnify, defend 13 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 continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain 21. DEFAULT BY TENANT. As used in this Lease, the teen, "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; 15 1 Lease (c) The Tenants failure to pay any consideration, to the Landlord, required by this (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 rece vei 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 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 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 16 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 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, terminafon, dissolution or (if the Tenant is a natural person) the death 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 submits more than two times during the Lease term, a statement of aviation fuel sales that understates actual such sales by five percent (5 or more; (1) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through k 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 17 the dare 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 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 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. 18 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 faculties, buildings, edifices, etc. shall then become the property of the Landlord. 26. HEIGHT 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. z 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 aclmowledges 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 hainrd. 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, 20 gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the Leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color 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 pm action to cure said breach, the Landlord shall then have the right to tenninate this Lease and to re -enter and repossess said land and improvements thereon. landlord represents and warrants that the leased premises is zoned Airport Industrial (Al), pursuant to the applicable governmental ordinances. 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 21 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 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. Despite any provisions in this paragraph which is or may appear to be the contrary, Landlord acknowledges that the lien of the leasehold mortgage upon Tenant's revenues, income, rents, earnings and profits as 22 described above shall be recognized as superior to Landlord's lien. The Tenant acknowledges that the Landlord has adopted an Airport Master Plan and the Tenant covenants that he will use the leased premises to be 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. 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 ri ht or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 30. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 23 C 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 FFES. 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. 33. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written_ TENANT: CITY OF SEBASTIAN A Municipal Corporation 41 xisting under the laws of the State of Florida Approved as to Form and Content: G -I,,,z Clifton A. McClelland, Jr. City Attorney e l� oel L. Kofor City Manager 24 1 ,SCITEDTTLE "A" This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and BRIAN E. BARRY dated P- for Leased premises at the Sebastian Municipal Airport. LEGAL DESCRIPTION OF THE PROPERTY: FLEMING GRANT THAT CERTAIN PARCEL LYING IN SECTION 29 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID SECTION 29, RUN S44 2178 "E, 818.81 FEET ON SOUTHWEST BOUNDARY OF SECTION 29 OF CENTERLINE OF ROSELAND ROAD; THENCE N04 48'59 "W, 514.65 FEET ON SAID CENTERLINE; THENCE N89 50'46 "E, 644.46 FEET; THENCE N00 0974'W, 1256 FEET TO TRUE POINT OF BEGINNING; THENCE N89 50'46 "E, 425.00 FEET TO A POINT WHICH LIES 75 00 FEET WEST OF THE CENTERLINE OF AN EXISTING AIRPORT TAXIWAY; THENCE N00 09 "W, 307.00 FEET; THENCE S89 50'46 "W, 425.00 FEET; THENCE S00 09'14 "E, 307.00 FEET TO TRUE POINT OF BEGINNING. CONTAINING 3.00 ACRES, MORE OR T FSS. (LEGAL DESCRIPTION PROVIDED BY OTHERS.) This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and an a Barry dated for leased premises at the Sebastian Municipal Airport. Listed below are the description of each improvement to be constructed by Tenant on the leased premises and the required dates of commencement and dates of completion for each such improvement: Des of improvement Two Airplane Hangars which are 18.5' in height with a minimum floor area of 3,000 square feet each. The Hangars should also have an additional 720 square foot area as office bathroom with customary-fixtures, and storage space under air conditioning. Each Hangar shall have a wooden deck with an area of 280 square feet and a 1,250 square foot concrete apron. The buildings, decks and concrete aprons shall be built in accordance with the site plan which is in effect on the date of construction. All of the foregoing improvements shall be considered buildings, structures or fixtures and shall become the property of the Landlord upon termination of the lease, in accordance with paragraph six. Date of Commencement SCIREDSIELLIE Sixty days after the City Manager furnishes written notice to the Tenant that road access is vailable. Ninety days after receipt of the written notice from the City Manager that road access is available. TENANT: CITY OF SEBASTIAN A Municipal Corporation existing under the laws of the State of Florida el L.Koford City Manager Brian E. Barry A T ST: Ka y n M. O a for a C sit C14(12tisk_ llorn, C C!� City Clerk Approved as to Form and Content: a. �I Clifton A_ McClelland, Jr. City Attorney ADDENDUM TO TEASE This Addendum is made and entered into this 9th day of October 1996, by and between the City of Sebastian, a political subdivision of the State of Florida "Landlord 1225 Main Street, Sebastian, Florida, 32958, and Brian E. Barry, 166 Abeto Terrace, Sebastian, FL "Tenant WHEREAS, Landlord and Tenant have entered into that certain Lease dated September 27, 1995, "Lease and WHEREAS, Landlord and Tenant have agreed to modify and amend the Lease as set forth herein below. NOW THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: 1. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. All capitalized terms used herein shall have the same meaning ascribed to them in the Lease. 3. In the event of a conflict between the terms of this Agreement and the terms of the Lease, the terms of this Agreement shall control. 4. Tenant has formed Aerotrace, Inc., a corporation, under the laws of the State of Florida, for the purpose of doing business at the premises covered by the Lease. The shareholders and percentage of shareholders of Aerotrace, Inc., are as follows: Brian E. Barry 10°% John E. Barry 30% Stephen J. Barry 30% Anna Marie Barry 30% The parties agree that Aerotrace, Inc. will be substituted for Brian E. Barry as the tenant under the Lease. 5. Tenant and Landlord agree that an easement for drainage purposes shall be reserved for the City as a public drainage easement on the southerly 10 feet of the easterly 195 feet of that property described in SCHEDULE "A" which is a part of that Lease between Tenant and Landlord dated, September 27, 1995. 6. Except as modified hereby, all other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement as of the day and year first above written. Aerotrace, Inc. Alee President By (Seal) arry ATTEST: ,}1/1 a`f Kathryn Ord loran CMC /AAE City Clerk Approved as to Form and Content: Valerie F. Settles, City Attorney City of Sebastian By: Thomas W. Fr City Manager THE CITY OF SEBASTIAN hereby consents to the assignment of that certain LEASE, made and entered into September 27, 1995, with AEROTRACE, INC., to Successor Tenants John E. Barry and Stephen J. Barry, as individuals and hereby releases said AEROTRACE, INC., from its further obligations under said Lease. ATTEST: CONSENT TO ASSIGNMENT OF AIRPORT LEASE BETWEEN CITY AND AERO [RACE DATED SEPIEMBER 27, 1995 DONE this of M ay of February, 2003. S ally A u o, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: CITY OF SEBASTIAN Ayunicipal •rpomtion B�. Terrence City Manager A 0 Sally A. Mai City Cler CONSENT TO SECOND ASSIGNMENT OF AIRPORT LEASE BETWEEN AEROTRACE.AND CITY DATED SEPTEMBER 27, 1995 THE CITY OF SEBASTIAN hereby consents to the assignment to DeShea Aviation, Inc. of that certain LEASE, made and entered into September 27, 1995, with Brian E. Barry and AEROTRACE, INC., as assigned to Successor Tenants, John E. Barry and Stephan J. Barry, as individuals, with the consent of the City dated February 26, 2003, and hereby releases said Successor Tenants John E. Barry and Stephen J. Barry from further obligation under said LEASE DONE, this 13'" day of February, 2004. CMC Approved as to form and legality for reliance by the City of Sebastian only: CI OF SEBASTIAN A u icipal Corp "ration Ter •nce M.. e, City Manager FIRST AMENDMENT OF AVIATION LEASE AGREEMENT This Document Contains Two (2) Pages THIS FIRST AMENDMENT of the AIRPORT AVIATION LEASE AGREEMENT (hereinafter "Lease by and between the CITY OF SEBASTIAN (hereinafter "Landlord and DeShea Aviation (hereinafter "Tenant dated 27 September 1995, and provides as follows: WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in Indian River County, Florida and WHEREAS, the Landlord agreed to lease such property under the terms of the Lease to Tenant; and, WHEREAS, the Tenant wishes to add to, and modify, Section 7 of said Lease; and, WHEREAS, Landlord and Tenant are mutually agreeable to said modification; 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. Section 7 of the Lease is hereby amended by the addition of the following: 7. USE OF LEASED PREMISES. Advanced Flight Training on a Limited and Seasonal basis Light Aircraft Maintenance and Inspection (a) Sub Tenants: In the event DeShea Aviation enters into any Sub tenancy with any entity, the airport staff of Sebastian Municipal Airport must approve that lease. Special consideration will be given to a sub tenant that creates job opportunities at the Sebastian Municipal Airport. Any sub tenant will be authorized to conduct the following use of the sub -lease premises ONLY: Construct `Kit' Built Aircraft `Familiarization' Training in `Kit' Built Aircraft Constructed on -site Provide Conditional Yearly Inspections on Experimental Aircraft Provide Contract Services on Experimental Aircraft 1 ((to 3) IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 12 day of March 2009. ATTEST: Approved as to Form and Legality for Reliance by the City Of Sebastian only: Robert Ginsberg, City AtWf1 ey 2 CITY OF SEBASTIAN A Municipa Corporation nner, City Manager TENANT DeShea Aviation Neff e, President A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AUTHORIZING THE SALE/TRANSFER OF LEASEHOLD ASSETS BETWEEN DeSHEA AVIATION AND KENNETH MISHLER (AMENDING R- 95 -58); PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Sebastian owns certain real property at the Sebastian Municipal Airport; and WHEREAS, DeShea Aviation is a bona fide leaseholder at the Sebastian Municipal Airport; and WHEREAS, DeShea Aviation and Kenneth Mishler have signed a "Letter of Intent" for the sale of assets from DeShea Aviation to Kenneth Mishler. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: SECTION 1. Consent. The City of Sebastian hereby consents to the assignment of that certain Lease, dated 27 September 1995, from DeShea Aviation to Kenneth Mishler. SECTION 2. Time. The City Manager is authorized to grant 120 days for consummation of the lease assignment from DeShea Aviation to Kenneth Mishler. SECTION 3. Conflicts. All resolutions, parts of resolutions, consent orders, or other documents in conflict are hereby repealed. SECTION 3. Effective Date. This resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Vice Mayor Hill. The motion was seconded by Council Member Coy and, upon being put to a vote, the vote was as follows: ATTEST: MMC City Clerk RESOLUTION NO. R -10 -06 Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea B Coy Council Member Donald Wright Council Member Eugene Wolff aye aye aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 10 day of March 2010. City of Sebastian, Florida Richar d T illmor, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg Ci ttomey THIS SECOND AMENDMENT of the AIRPORT AVIATION LEASE AGREEMENT (hereinafter "Lease by and between the CITY OF SEBASTIAN (hereinafter "Landlord and Mishler Enterprises (hereinafter "Tenant dated 27 September 1995, and provides as follows: SECOND AMENDMENT OF AVIATION LEASE AGREEMENT This Document Contains Two (2) Pages WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in Indian River County, Florida; and WHEREAS, the Landlord agreed to lease such property under the terms of the Lease to Tenant; and, WHEREAS, the Tenant wishes to add to and modify, Section 7 of said Lease; and, WHEREAS, Landlord and Tenant are mutually agreeable to said modification; 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: L Section 7 of the Lease is hereby amended by the addition of the following: 7. USE OF LEASED PREMISES. Tenant shall utilize premises as a: SPECIALIZED AERONAUTICAL SERVICE OPERATOR Services provided may include: Advanced Flight Training on a Limited and Seasonal basis Certified aircraft repair facility Certified composite shop Paint facility Avionics repair shop Aircraft upholstery service (a) Sub Tenants: In the event Mishler Enterprises enters into any Sub tenancy with any entity, the airport staff of Sebastian Municipal Airport must approve that lease. Special consideration will be given to a sub -tenant that creates job opportunities at the Sebastian Municipal Airport. Any sub- tenant will be authorized to conduct the services listed above in addition to: Construct `Kit' Built Aircraft `Familiarization' Training in `Kit' Built Aircraft Constructed on -site Provide Conditional Yearly Inspections on Experimental Aircraft Provide Contract Services on Experimental Aircraft 1 2- 2010. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 9` day of June ATTEST: CITY OF SEBASTIAN A Municipal Corporation Sally Maio, MMC Al Mintier, City Manager Approved as to Form and Legality for TENANT Reliance by the City Of Sebastian only: Mishler Enterprises Robert Ginsberg, City Attorney Ken Mishler, President 2 May 18, 2010 Mr. Joe Griffin Airport Director City of Sebastian 202 Airport Drive, East Sebastian, Florida 32958 Dear Joe: Kenneth R. Mishler 7463 North 16 Manor Vero Beach, Florida 32966 772 778 -4535 This letter is a formal request to change the use of the leased premises located at 500 West Airport Drive. The lease now states that the property can be used for Aircraft Refurbishing and Rebuilding The "First Amendment of Aviation Lease Agreement" includes the ability to conduct Advanced Flight Training on a Seasonal Basis and Light Aircraft maintenance and inspection. Also stated in the Amendment is the ability for my Sub Lessee's to only conduct the following: Construct "Kit" Built Aircraft, "Familiarization" Training in "K t" Built Aircraft Construction on -site, Provide Conditional Yearly Inspections on Experimental Aircraft, and Provide Contract Services on Experimental Aircraft. I would like to change the use to include multiple specialized services. This change would allow for several additional sub lessee's (to be approved by the City) in several more structures (to be approved by the City) conducting many more serviFes on Certified and Experimental Aircraft. Specifically, the services I would like to bring to the oirpoirrt include a certified composite shop, a paint shop, certified aircraft repair facility, on avionics repairishop and an aircraft upholstery business. I would also like to request the ability to install overnight ca`nping facilities for transient patrons and customers having aircraft built, repaired, or refurbished. Approving this lease change will provide a greater opportunity to promote the City of Sebastian and the Sebastian Airport by bringing patrons into this area that may never have come to Sebastian otherwise. This expansion will also provide many new employment opportunities for the local workforce and a great deal of job creation for the Sebastian area. Respectfully submitted, Ken Mishler (o1 3 Sub'ect: C i ncrete Services Ap r r ove i; or Submittal by: City Manager Agenda No. /0. 09 3 Department Origi Works 4 A Department Hea Date Submits. ublic 1 /6/03/1 For Agenda of: 06/09/10 Exhibits: Bid Tabulation Sheet and Proposed Contract EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A my SEBAsilAN HOME OF PELICAN ISLAND SUMMARY Sealed bids were solicited from qualified contractors specializing in concrete services. Six (6) bids were received as shown on the attached bid tabulation sheet. The lowest responsive bidder is Regan Masonry Cement, Inc., Sebastian, FL. Regan Masonry Cement, Inc., has been providing concrete services to the City for the past several years and is known to be a reliable contractor. RECOMMENDED ACTION Move to award the concrete services bid to Regan Masonry Cement, Inc., and authorize staff to execute a three (3) year contract between the City of Sebastian and Regan Masonry Concrete, Inc., for itemized concrete services as stipulated in the Bid Proposal dated, May 20, 2010. y I CITY OFSEBASTIAN ED: MAY 25, 2070 Regan Masonry Concrete 2.00 Per L.F 7 City Purchases Block Mark Odom Construction, Inc. 3.25 Sq. Ft. 2.60 Per L.F. P19 oN lucerne /uuoseyy Okeechobee 2.64 Sq. Ft. 4.50 Sq. Ft. 2.35 Per L.F. 1.50 Per L.F 4.95 PB 6.45 PB ebelueH Contracting Vero Beach, FL 5.90 Sq. Ft. 7d 'bS 04'9 Jad Ob't Dust Sand Constriction j 6ugoettuo0 d `edu ey 450 Sq. Ft. Q L l M 3.75 PB (Annual Concrete Work As c. Sidewalk Site Prep C7 CITY OF SEBASTIAN —131D Annual Concrete Work After having examined all specifications, Contract/Agreement Documents and other documents relative to the Invitation to Bid, I the undersigned hereby propose to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and furnish all the equipment, labor, and materials necessary to provide annual concrete work meeting or exceeding the specifications as set forth herein for the unit prices as stated below. The price quoted below includes any addenda which may be issued. 1. ANNUAL CONCRETE WORK AS DESCRIBED: a. Fonn, Pour and finish Only (4 "thick) $aa SQ FT. b. Form, Pour and Finish Only (5 "thick) ESQ FT c. Sidewalk Site Prep 1 0o Per LF d. Block installation \.L0 per block By the signature affixed below, the contractor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute /enter into said agreement within (15) consecutive calendar days notice by the City, and agree to all the terms and conditions of all documents stated herein, with the City of Sebastian, for the above stipulated price. Ln9riae';1 Signature Printed Name Firm Name Address �ao '32cosA BID PROPOSAL PRICE Note: For bidders information, it is anticipated that the City will order replacement of about 100 driveways (from the edge of street pavement to the right-of-way line) per year. 3 Title Phone Number Date Signed 5 to rc a x E O- S E OF p200 F G S h C EC.A U" a te.DJti no 2 Cd JTE EM' S .q Oh PPP All ma Y R P]E O EV RIEFO WiREiN IS SLIE..E. TO 1£ Ec'A C 0 CO M! 1: FSEN ICS .R_CA 1 F M au E CEO B` LTR IRYPU A F 2 1 TYPE OF IFSUReNCE E AL litalLrer `D.0 E L ,-115 E 1 I k i aO:e F POLICY NUMBER 10Att IMWCDT.t DAVE IM4WDONYW 09/23/10 ee. 09- 0 00534 3615 09/23/09 1 Er ,a,E 1 t l,OCD, 000 PFE F^ D I. IK.. E,vanea u S 1,000,000 z Lx E 11 ,000,000 %,1' PFlESPEP c ,PCP.r -G 2,000,000 IDMOALEuu L 1 F L 1111 .erY c T IC I It N1 IT wOrG. lP_Y' ANLpS as DA,T1 '•LT+ SUIDC P:L., M1d.F 6C F. L I1 iPs P a ew' EE GAR:.GE LNBILItt __Ial -.wm EN [AUU E+ RG L L EYCESSI OKffiELLa UASLRS I 1 o n S „Lam M =DE H w CVCnyE I 61E F.. CF.Ctf.E fJ ea EPOBeS L 3 R P EL ,e TE 1Y "1 S1C0010041 -09 03/01/10 IMe.emly In IM1 FE e51 1yp., 03/01/11 1 1 En, e L DE r t y 500,000 E L. :ESE EA E&FL. 'Ell: 500,000 E- NRh Lew 5500,000 CESCPo PII'N of OP g. I Luta 10IK.I L'EHKLaS XCL USIGNS ADDED BY B4DURBEMEt'I SPEL!A PR]OISoNB CE COVERAGE TIF!CATE HOLDE ACORD 25 (20691011 Ryan Weaver Insurance, Inc. 1705 19th Place, Suite B -1 Vero Beach FL 32960 Phone:772- 567 -4930 Fax:772 -567 -4931 sURED Regan Masonry L Cement Inc. PO Box 780533 Sebastian FL 32972 City of Sebastian 1225 Main Street (Sebastian FL 32958 CITYOFS Hoge 01 1 CERTIFICATE OF LIABILITY INSURANCE CANCELLATION D REPRE9iNTATwE alga The ACORD name and logo are rag stared marks of ACORD Date 524;2010 02 40 PM Paget of DO OP ID CM REGAN -2 09/04/10 TNIS CERTIFl ATE IS ISSUED AS A MATTER OF IN ORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS A FFORD.NG COVERAGE NAIC .e -.En a. Bankers Insurance Group T E. Delos Insurance Company r 3/1GULe FI8 OP 'HE LBovr 0ESCA19ED FCLICIES EE COt10ELIED SEF3RE lee EYP:RAry>N Den THEREOF. THB ISSU G,nSURER WILL LNDOOVURTO Kul 10 DAYS .wlflto ..OnCE TO THE 0E1711510ATE HOLLER NAUFO TO lag LEFT BIITFA LURO .O 00 =0 STALL MFOBE Ill OBCICATIOU W JaeILITY OF AN (15,150 UPON log INSURED. ITS AGENTBaR FEPRE 9EMATIVEB. 09A RD CORPORATION. MI rlshts reserved. .r.. inn t fnrormation CDPR2307 Qualifier CertiR cau'onInformation C RT N R' 3171 j] IFI 3171 REGAN. JOHN J. CLASS CODE 6650 MASONRY /CONCRETE CONTRACTOR STATE NBR QQ flQQMp CAR05171 Ere 7 XP LIAB EXP YVC_EXP ORIG ISSf] 9/23/2009 112010 RFNGW4! CXpiR6ta D8A REGAN MASONRY 8 CEMENT, INC. AQ0$F$$ P. O. BOX 780533 SEBASTIAN (772)388 -5934 NOTE: This competency card, issued by the Indian River County /City of Vero Beach Building Department, authorizes work for the class code stated, for the unincorporated areas of Indian River County and the City of Vero Beach only. It don not authorize work for the City of Sebastian, Indian River Shores, Town of Orchid, or the City of Fellamere. It le the contractor's responsibility to maintain this card in a current status by providing Certificates of Insurance, current address and telephone number information, and renewing this card annually as required. Indian River County Contractor Licensing 1801 27th Street, Vero Beach, FL 32960 (772) 567 -8000 Ext. 1800 MASONRY/CONCRETE CONTRACTOR Cert Nbr:3171 Exp:7/31/2010 Status:ACTIVE State Nbr: Exp: REGAN MASONRY 8 CEMENT, INC. y�h REGAN, JOHN J. P. O. BOX 780533 SEBASTIAN Signed: FL FAX: (772)589 -1557 7/31/2010 W X MPT N 01. EXEMPT: N 32978 k 0 -0 k k l ac r C NI CD CD 0 _E9 TAX COLLEC 1601°48.0001 T° 0 cc Pet c Via \g/ w� 2 !t 3 m f\ ,3` k \z m0 1T5 15 s to a tt U tz k DI 3 W t H 0 E 2« 12 C d k 0 2 o co co twr 0 ii z o i §a \)2 rt =i 62 21 w pi E8 z§8 0 o ƒ\ 0 <0 I Ca I ƒ $a; w 0 0 .„i L f 2 c Cu wiux- xxot XY m 0 CL }I o al w l. w j Z cc o 0 C N2 8 u- k j 1 O Z®; Vii ;J e CO fig cc Z ak 0 2 G c7; k .4 2xr o ri in §te t C 0 (8c) WITNESSET H: 1. Scope of Services AGREEMENT THIS AGREEMENT, made this day of 2010, by and between the City of Sebastian, a political subdivision of the State of Florida (hereinafter called the "City and Regan Masonry and Concrete, Inc., P.O. Box 780533, Sebastian, FL., 32958 or its successors, executors, administrators, and assigns (hereafter called "Contractor The City and Contractor for good and valuable consideration as hereinafter set forth, do mutually agree as follows: Contractor agrees to furnish concrete work meeting the requirements described in the TECHNICAL SPECIFICATIONS attached hereto as Exhibit "A on an "as needed" basis in accordance with all applicable codes pursuant to Work Orders issued by the City. 2. Contract Sum and Payment to Contractor: (a) Contract sum: During the term of this Agreement, the city shall pay Contractor the following unit prices for the work: Form, Pour and Finish Only (4" thick) 2.20 S.F. Form, Pour and Finish Only (5" thick) 2.55 S.F. Sidewalk Site Preparation 2.00 L.F. Block Installation 1.20 Per Block (Labor Only) City provides block. Said price is a firm charge, inclusive of all other charges. On the first and second anniversary of this Agreement, Contractor shall provide documentation from its designated concrete Contractor as to any percentage increase or decrease in price since the effective date of the contract, and a proportional price adjustment shall be made to the amount listed above. (b) The City shall make payment within 30 days of proper invoicing. 3. Contractor 's Obligations: (a) Contractor shall supervise and have control over means, methods, techniques, sequences and procedures for supplying and coordinating delivery of the Materials, unless to the terms of this Agreement give other specific instructions concerning these matters. (b) Unless otherwise provided in the Agreement, Contractor shall pay all sales, use and other similar taxes and shall secure and pay for all permits and governmental fees, licenses and inspections necessary for proper execution and completion of its obligations hereunder. 7 (c) Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out its obligations hereunder. (d) Contractor currently holds and shall maintain at all times during the term of this Agreement all required federal, state and local licenses necessary to perform its obligations hereunder. (e) Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, SubContractors and their agents and employees, and other persons performing its obligations hereunder under a contract with Contractor. 4. City's Obligation: The City shall, during the term of this Agreement, utilize Contractor as its first source for the Materials. However, should the City, in its sole judgment, determine that Contractor is unable to deliver the Material in a reasonable time, the City may then buy the needed Material on the open market to allow completion of the project at hand in a timely manner. 5. Warranty: Contractor warrants to the City that all Materials furnished under this Agreement shall be free from any and all defects and will conform with the requirements of the Agreement. Materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. Acceptance and utilization of the Materials at the site shall not absolve Contractor of this Warranty. 6. Term: The term of this Agreement shall be for three (3) years from the date hereof, renewable for up to two (2) additional years in one year increments upon mutual consent of the parties. 7. Termination (a) For Cause: Except for the specific default provisions for delivery set forth in Exhibit `B if Contractor fails to perform a provision of this Agreement, the City, after ten (10) days written notice to Contractor and without prejudice to any other remedy the City may have, may terminate this Agreement. (b) Without Cause: The City retains the right to cancel this Agreement at any time, with or without good cause, upon sixty (60) days written notice to Contractor when such termination is deemed by the City Council to be in the public interest. (c) Payment Upon Termination: In the event of termination as provided herein, Contractor shall be paid for Materials delivered through the date of termination less, if 8 termination is for cause, damages incurred by the City as a result of Contractor's failure to carry out its obligations under the terms of the Agreement. 8. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the City and the City's agents, servants and employees, from and against all claims, damages, losses and expenses, including but not limited to attomey's fees, arising out of or resulting from performance of the Agreement, except for injuries, damages or claims which are the result of the sole negligence of the City, its agents, servants, or employees, and Contractor shall at its own cost and expense defend the City against any such claim, suit, action or proceeding which may be commenced against the City by reason thereof Contractor hereby acknowledges that the obligations imposed upon the City and the terms of this Agreement are the specific consideration for the indemnification provided herein. 9. Insurance: Contractor shall procure and maintain during the life of this Agreement insurance of the types, and subject to the limits, set forth below. Contractor shall also provide the City with evidence of this insurance prior to commencement of deliveries in the form of Certificates of Insurance, which shall be subject to the City's approval for adequacy (a) Workers' Compensation: Contractor shall purchase and maintain, from a company or companies lawfully authorized to do business in Florida, workers' compensation insurance for protection from claims for damages because of bodily injury, including death, which may arise out of or result from Contractor's operations under this Agreement, whether such operations be by Contractor or by SubContractors or by anyone directly or indirectly employed by any of the above. This insurance shall be written for not less than the limits of liability required by law, and Coverage B, Employer's Liability, shall be written for a minimum liability of $100,000.00 per occurrence. (b) Commercial General Liability: Contractor shall provide and maintain during the life of this Agreement, at Contractor's own expense, Commercial General Liability insurance on an occurrence basis for a minimum of $],000,00.00 per occurrence for claims of bodily injury including death, and $500,000.00 for property damage. (c) Commercial Auto Liability: Contractor shall provide and maintain during the life of this Agreement, at Contractor's own expense, Commercial Auto Liability insurance on an occurrence basis for a minimum $1,000,000.00 per occurrence for claims of bodily injury, including death, and $300,000.00 for property damage. 10. Assignment: Contractor shall not assign this Agreement to any other persons or firm without first obtaining the City's written approval. 9 11. Notices: All notices, requests, consents, and other communication required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: IF TO THE CITY: City of Sebastian Attn.:City Manager 1225 Main Street Sebastian, Florida 32958 WITH A COPY TO: Robert A. Ginsburg City Attorney 1225 Main Street Sebastian, FL 32958 IF TO CONTRACTOR Regan Masonry Concrete, Inc. P.O. Box 780533 Sebastian, FL 32978 12. Time: Time is of the essence in the performance of this Agreement and timely performance is a material term hereof. 13. Conflict of Interest: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of its obligations hereunder, as provided by law. Contractor further represents that no person having any such interest shall be employed in performance of the Agreement. 14. Compliance With All Applicable Federal Laws: Contractor shall comply with all applicable federal laws that in any way regulate or impact performance of its obligations hereunder. 15. Public Entity Crimes: In accordance with Fla. Stat. 287.133(3)(a) Contractor is hereby notified that Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because, they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, 10 Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $15,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(£), Florida Statutes. 16 Entire and Sole Agreement: Except as specifically stated herein, this Agreement constitutes the entire agreement between the parties and supersede all agreements, representations, warranties, statements, promises and understandings not specifically set forth herein. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth herein. 17. Successors and Assigns: Except as otherwise provided in the Agreement, all covenants and agreements of the parties contained in the Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. 18. Remedies: No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. 19. Governing Law: The Agreement shall be construed and enforced in accordance with and govemed by the laws of the State of Florida and venue for any action pursuant to the Agreement shall be in Indian River County, Florida. 20. Amendments: Neither the Agreement nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 11 21. Waiver: The failure of any of the parties at any time to require performance of any provision of the Agreement shall in no manner affect the right of such party at any later time to enforce or require the same unless waived in writing. No waiver by any party of any condition or breach shall be construed or deemed to be a waiver of any other condition or any other breach of any term, covenant or warranty contained in the Agreement. 22. Conflict: In the event of any conflict between the provisions of this Agreement and any attachments hereto, the provisions of this Agreement shall prevail. IN WITNESS WHEREOF, the City has hereunto subscribed and Contractor has affixed its name on the date first set forth above. ATTEST: THE CITY OF SEBASTIAN Sally A. Maio,CMC /AAE Al Minner, City Manager City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney CORPORATE SEAL: REGAN MASONRY CONCRETE, INC. By: Jack Regan Secretary 12 1. Scope of Work 2. Insurance Requirements Technical Specifications Annual Concrete Work Contract The scope of this specification is to form, pour and finish concrete driveways, sidewalks, or other miscellaneous concrete projects on an as needed basis. The scope of each individual project may vary depending upon the work to be completed. Each project will have a work order prepared by the City which will outline the work activity to be accomplished. In performance of this contract the Contractor shall be solely responsible and have control over the means, methods, techniques, sequences, procedures, and coordination of all portions of the work under the agreement unless the agreement document gives other specific instructions. The Contractor agrees to carry insurance, as set forth below and provide insurance certificate (s) naming the City of Sebastian as an additional insured. Workers' Compensation Workers' Compensations as required by law. Commercial General Liability Commercial General Liability Insurance with a combined single limit of at least $1,000,000. Commercial Auto Liability Commercial Auto Liability Insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations to protect the work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the Contractor to insure that all sub Contractors have full insurance coverage as stated above. 4 3. Related Documents Sebastian Code Chapter 90 Article III. Driveway Construe 4. Special Terms and Conditions g. a. Contractor shall warranty all b. Contractor shall protect pedestrians. on and Repair. labor and materials for a period of one year. his work from the elements, traffic and c. Each project will be planned in a manner minimizing disturbance and inconvenience to property owners and the City. d. Inspections. The city shall inspect at any time during the project construction. The Contractor shall notify the City 48 hours prior to the concrete pour and at completion of the project. e. Final Payment. Final payment shall be made in accordance with the signed agreement once all punch list items have been cleared. 5. Detailed Specifications f. Description: The Contractor shall form, pour and finish the concrete driveway and or sidewalk or other miscellaneous concrete projects (minimum 4" thick) in accordance with the provisions of this specification and according to details shown on plans when supplied with the work order. Materials: The concrete placed shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 1991 Edition, Sections 345: for Class I concrete 2500 psi (minimum 28 day breaking strength in accordance with ASHTO T -023) with polypropylene fiber mesh (1- 1 /2bs/CY) thoroughly and uniformly mixed throughout. h. Preparation: (Form and Pour) The subgrade shall be finished graded by contractor or the city and compacted (95 prior to having any formwork placed on it. The Contractor shall erect metal or wooden forms on top of a prepared subgrade. All forms shall be set true to line and grade, and held rigidly in position to resist the pressure of poured concrete without springing. They shall be straight and free from warps and bends. 5 Expansion joints: Asphaltic felt expansion joints, wide by 3 -1/2" deep are to be placed at specified intervals. They shall be rigidly held in place during the placement of concrete. Contraction Joints: Contraction joints shall be saw cut with a concrete saw using a carbide or diamond tip blade. Each joint shall be approximately 1/8 3/16" wide by 1" to 1 '/2" deep. Joints shall be saw cut within 24 hours following placement of the concrete. Contraction joints shall be saw cut at specified intervals or 15' depending upon application. k. Finishing: the concrete surface shall be finished in strict accordance with ACI standard 302 -69 "Recommended Practice for Concrete and Slab Construction Chapter 7 "Consolidating and Finishing Sections" 7.1 and 7.2. See attached copy of 302.69. Final finishing shall be accomplished by the use of a soft broom or sponge used to provide the matching existing driveway or sidewalk. Sprinkling of the surface with dry cement or sand will not be permitted. Curing: the concrete shall be cured in accordance with ACI Standard 302 -69 "Recommended Practice for Concrete and Slab Construction m. Driveways will be a minimum of 4" thick with a 6" thick footer, 1 foot wide at the edge of road pavement. Driveways will vary in width and length. 6 9 Date: DRUG -FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that 12.8C'tu does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any 'available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph I, notify the employees that, as a condition of working on the cotmodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this (inn complies fully with the above requirements. 13 PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. 14 2. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This swom statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. This swom statement is submitted by ,ati �c.--- (name of entity submitting swom statement) whose business address is e— k s� hats St— R.st c+-\:. 3t and (if applicable) its Federal Employer Identification (FEIN) is 2 c- 1,-.zn_t iGt (If the entity has no FEIN, Include the Social Security Number of' the individual signing this sworn statement: 6s- cvo 5Vct 1S \fl 't 3. My name is mac �LC�;a� R,Lc:e-zi (please print individual signing) and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitmst, fraud," theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes means a Ending of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or infommtion alter July I, 1989, as a result of ajury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Staines, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. 15 The term affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into ajoint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(])(e) Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) 16 The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) STATE OF FLORIDA COUNTY OF ,Hier/a The foregoing instrument wet, acknowledged before me this {Y day of q 2010 by ,,G 0�ru ws.2ltn (title jju- hehalfof R W1p /Peat, (name of partnership), a partnership. le/she is so known to in h produced as identification and did did not (4)—tae an oath. RAVINA MICHELLE BARKLEY Commission DO 941921 Expires February 3, 2014 ncdsd11wTy Fan !mace BG0 3E54019 17 Signature) Date: S 1 )li,T Name: I" ,44,1i A V1 dx ik B, ,xx- f My Commission Expires: 3 1 v Commission Number: 4 9419 Subject: Roads Ap�rov I 1 Purchase of and Maintenance f or Submittal (1) Used Backhoe for by: Agenda No. /O.O ryq Department Orig' blic W Department HeaJ: rE_:a1 Finance Direct Lie AF City Attorney: !"r< City Clerk: (VW un.r Date Submitted: 05/26/10 For Agenda of: 06/09/10 Exhibits: Copy of Notice to Bid, Bid Tabulation Sheet EXPENDITURE REQUIRED: $28,972. AMOUNT BUDGETED: $28,972. APPROPRIATION REQUIRED. -0- FUNDING SOURCE: General Fund Budget susarimm HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY The Roads and Maintenance Division of the Public Works Department solicited sealed RFP's for a used backhoe. Bids were opened on May 17, 2010. Four bids were received. The low bidder is United Rentals in the amount of $28,972. This price includes the machine and a one year warranty for parts and labor. This request was made due to the age and constant repairs of the current backhoe in the Roads and Maintenance Division. RECOMMENDED ACTION Move to approve the purchase of (1) Used Backhoe from United Rentals in the amount of $28,972. I Bid Tabulation Used Backhoe Neff Rental Kelly Tractor United Rentals Fleet Solutions 37,500.00 45,495.00 213972.00 46,477.78 MAN §E ..A. HOME OF PELICAN ISLAND REQUEST FOR PROPOSAL USED RUBBER TIRE BACKHOE /LOADER Prepared by. Jerry Converse, Public Works Director City of Sebastian Public Works Department (772) -228-7053 NOTICE REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS WILL BE RECEIVED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FL 32958 UNTIL 2:00 P.M., MONDAY, MAY 17, 2010 FOR FURNISHING AND DELIVERING A 2004 MODEL OR NEWER RUBBER TIRE BACKHOE/LOADER. The City of Sebastian is seeking sealed proposals for a 2004 Model or newer Rubber Tire Backhoe/Loader to be delivered to the Public Works Compound, located at 100 Veterans Memorial Highway, Sebastian, FL 32958. A Request for Proposal package may be obtained from the City of Sebastian Public Works Department, Jerry Converse, Public Works Director, 1225 Main Street, Sebastian, FL 32958. Proposals shall be delivered and addressed to the City of Sebastian, Jerry Converse, Public Works Director, 1225 Main Street, Sebastian, FL 32958 and shall be labeled "REP —Used Rubber Tire Backhoe/Loader", Open at 2:00 p.m., Monday, May 17, 2010. Attention is directed to F.S. Section 2287.133 (2) (A) "Public Entity Crime which prohibits certain persons or affiliate(s) who have been convicted of a public entity crime from responding to this RFP. A form is included in the RFP package for execution and submission with a response to this RFP. Also included for submittal is a Drug -Free Workplace form to be completed for submission with your RFP response. Any Proposer who wishes his proposal to be considered is responsible for making certain that his proposal is received in the Public Works Department by the proper time, no oral, telegraphic, electronic, facsimile, or telephonic proposals or modifications will be considered unless specified. Proposals received after the scheduled submittal deadline will be returned unopened. All proposals will be publicly opened and read aloud at the date and time specified above, in Sebastian City Hall. The City reserves the right to reject any and all proposals, waive any informality or irregularity, if considered non substantial by the City and /or to cancel this request at will. By: Jerry Converse, Public Works Director City of Sebastian Public Works Department PROPOSAL PRICE After having examined all specifications, Contract/Agreement Documents, and other documents relative to the Request for Proposal, I the undersigned hereby propose to famish and deliver a Used Baclhoe Loader in accordance with strict conformity to all requirements and specifications. The following proposal meets and or exceeds specifications as set forth herein. 1. BACKHOELOADER: a. 13,000 LB By the signature affixed below, the vendor agrees that this proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a proposal for the same purpose, and that the proposal is in all respects fair and without collusion or fraud. If awarded this I agree to execute /enter into said agreement within (15) consecutive calendar clays notice by the City, and agree to all the terms and conditions of all documents stated herein, with the City of Sebastian, for the above stipulated price. Ar. ►t Authorized Signature Uh/ {-t 12t \5 Firmame Address ad �y c t t� s u, a 3) I r.11/ nQ $_-9'_t u o p P e ed biame t U t Sc lt3 Aep Title qv �3L1b Phone Number S 14 10 Date Signed SPECIFICATONS FOR USED RUBBER TIRE BACKHOE/LOADER ALL PROPOSALS MUST MEET OR EXCEED THE FOLLOWING SPECIFICATIONS: I. Open or Closed CAB 2. 4 or 2 Wheel Drive 3. 13,000 LB 4. 85 HP or Better 5. Dig Depth 14 Feet or Better 6. (2) Lever Joy Stick Operation 7. Must be at least 2004 Model or newer 8. Not to exceed 3000 Hours 9. One Year Warranty Parts and Labor U s So I J e e f c does: Date: 5-- L H 0 DRUG -FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will ae by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free worlplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Signature PUBLIC ENTITY CRIMES FORM Any person submitting a quote, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, or proposal. If you are submitting a quote, or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, or proposal. Corrections to the form will not be allowed after the quote, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, or proposal may result in immediate disqualification of your or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(1), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a swom statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR DOCUMENTS. NON INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This swom statement is submitted with Proposal or Agreement No. K r k tiny f rr for THE CITY OF SEBASTIAN. This swom statement is submitted by 'T Yt'f"rio r i m L f km 64 (Jk) (chit, (5 ci (name of entity submitting swom statement) whose business address is 1 .6 3 1 1 kt I- icehh, o �n /201, and (if applicable) its Federal Employer Identification (FEIN) is CG•4 3 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is name of individual 14E5 r utti I x i (please print signing) and my 'lationship to the entity named above is 1 5 Y. r -e S 4. I understand that a "public entity crime" as defined in Paragraph 287.133(I)(g), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction' as defined in Paragraph 287.133(1)(b) Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or infomation after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a) Florida Statutes. means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into ajoint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(I)(e) Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which s or applies to on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this swom statement. (Please indicate which statement applies.) (o— Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this swom statement, or one or more of the officers, directors, executives, partners shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) MARGARET L. KLAMM Notary PubNc, State M MAP Commission/ DD914.186 My comm. mires A4 12, 2117 The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) STATE OF FLORIDA 7277 ignalur Date: c L COUNTY OF i r1 a n v r The foregoing instrument was acknowledged before me this 1 day of 2010 by A kti t- i r S4 \r_5 2�) (title) on behalf of Y1'1"P raib (name of partnersl p), a partnership. He /she is personally known to me or has produced L 0 ri cra>c as identification and did did not (4 take an oath. l "y Name: f j L. V/ 4 ri) rt My Commission Ex res: 8 12 13 Commission Number: P n i 14 3 2 f ci co oo (0 CD CD co c P. ro X CD 0 a c rik c. DJ oa o cif 'cc CD a CD Cr P CD cu 7 c onc 7 co 5 0 al 0 0 Cal 0 Ca CD CD In return for payment by you of the Agreement charge and subject to all the terms of this Agreement, Service Plan, Inc. or UNITED RENTALS, INC. (and its subsidiaries) agree with you as follows'. WHAT IS COVERED: In the states of Alaska, Maine, New Mexico, and North Dakota, UNITED RENTALS, INC., (and Its subsidiaries), through ifs administrator, UNITED RENTALS, INC., will pay on your behalf the cost of labor and repair or replacement parts in the event you're your product fails to operate as a result of a manufacturers defect. In all other slates. Service Plan, Inc. (SPI), through its administrator, UNITED RENTALS, INC., will pay on your behalf the cost of labor and repair or replacement pads in the event your product fails to operate as a result of a manufacturers defect. At the discretion of the obligor, replacement parts used in a ered repairs may include non original equipment manufacturer parts, new, remanufactured. or used pads that meet the quality standards of the repairer or obligor. If the equipment cannot be repaired, if the cost of the repair exceeds the original purchase price or if the pads are not available due to the age of the equipment or discontinued by the manufacturer, the equipment will be replaced with equipment of equal features, taking into consideration age, wear and tear, LIMITED WARRANTY: All products sold ar e warranted by SPI or UNITED RENTALS, INC. (and its subsidiaries) only to purchasers for business, against defects in workmanship or materials under normal use. Any part which is determined by SPI, UNITED RENTALS, INC. (and its subsidiaries) or the administrator to be defective in material or workmanship and returned to an authorized service ce location, or as the administrator designates, will be, as the exclusive remedy, either repaired or replaced, at the administrator's option. NO WARRANTIES TO CONSUMERS: UNITED RENTALS, INC. (and its subsidiaries) makes no warranties to those defined as consumers in the Magnuson -Moss Warranty- Federal Trade Commission Improvement Act. COVERAGE TERM: The effective dates of the Agreement are specified on the face of the sales contract. In the event an authorized service location is servicing your product when this agreement expires, the term of this agreement will be Wended until the covered repair has been completed. LIMIT OF LIABILITY The limit of liability for any claim under this Agreement is the market value of the equipment at time of claim. COVERED ITEMS AND EXCLUSIONS: The following items will be covered against failure as defined in the Program, subject to the Equipment being fully serviced, in accordance with the manufacturer's service instructions, at the Intervals recommended by the manufacturer and subject to the Customers compliance with the terms and conditions of the contract and Customers election and payment for the program. Limits of Indemnity and Period(s) of coverage are detailed in this Program. Powertrain Coverage: When the appropriate coverage plan has been selected on the sales contract the following list of covered items and exclusions apply: ENGINE: The following internal components: block, cylinder liners, piston, piston rings, piston pins, cylinder heads, head gasket, crankshaft main bearings, con rods, con rod bearings, balance assemblies, camshaft and followers, push rods, tappets, valves, springs and guides, timing gears, lubrication pump and rive interna components oil seals, failure of seals (inter failure), oil cooler. aftercooler and /or iftercooler, external pump drive gear, turbo charger (to design life), flywheel, external pipes. EXCLUSIONS: All mountings, all hoses, air (milking, fan bolts, filter and filter elements, lubricants, burnt and /or pitted valves, exhaust UNITED GUARD TERMS AND CONDITIONS adjustment of engine timing or any other adjustments, any failure due to wear and tear, contamination, deterioration due to age, ingress of dust or matter through induction problem which results in turbo failure, failure resulting from the engine being operated beyond its design speed, failure due to use of fuel of incorrect specification for this unit. TRANSMISSION: The following components charging pumps, gear train and shafts, thrust washers, bushes, needle roller bearings, bearings, gears, internal seals, input and output seals (intemal failure), clutch packs, couplings, oil lubrication pumps, m control valves, relief valves, torque converter, gearshift controller electrical and mechanical, electronic control (black -box), transmission casing. EXCLUSION: Brakes linings, pads and discs, brake drums, external hoses and fittings, wiring harness, all rubber mounting brackets, failure due to the use of non recommended lubrication filter, any failures occurring due to the failure to change Transmission oil at the recommended time or to maintain the oil at the correct level within the transmission assembly, contamination. External damage to transmission casing. .Full Coverage: When the appropriate coverage plan has been selected on the sales contract, the following list of covered items and exclusions apply, in addition to the items and exclusions listed under Powertain Coverage: El ECTRICAL: Wiper motors, solenoids, solenoid valves, electric instalment panel, switches, relays, sender units, hour meters, gauges, black -box, microprocessor /ECU, starter motor, alternator, regulators EXCLUSION: Battery. wiring and lighting, audio /vision alarms, lights, radio cigar lighter, corroded terminals, damage to components due to fuel /oil or water contamination, indicators, damage to alternators or any electrical component resulting from the failure to disconnect the battery during welding or using incorrect jump starting methods, alternator drive belts or pulleys, refueling pump_ COOLING SYSTEM: Cooling blowers, fan belt tensioners, water pump, Internal bearings and seals, fan thermostat, oil coolers including, where applicable, oil immersed brakes. radiators and cab heating assembly, intercoolers, aftercoolers, heat exchangers, air conditioners. XCLUSIONS: Water hoses, antifreeze, additives, filters, general frost damage, frost damage or blockage to radiators and pipes, damage to components resulting from the failure to use or maintain inhibitors as required in original specifications, damage due to the use of contaminated water and antifreeze of unsatisfactory specification, air filter assemblies on cab heater, impact damage. FUEL SYSTEM: Fuel lift pump, fuel injection pump, engine priming pump, fue[tanks, EXCLUSION: Unit type injectors, hoses, fittings, fuel contamination, blockages, caused by contamination, damage resulting from the ingress water or dirt, adjustments and /or calibration, failures by the removal of the filler screen where the specification requires it to be fitted resulting in contamination of the system, failure due to the use of fuel of incorrect specification for this unit, damage resulting from the failure to monitor and drain condensation from fuel system, Orel filter elements, sediments bowl, refueling pump. HYDRAULICS: Hydraulic/hydrostatic motors, hydraulic/hydrostatic pumps, hydraulc control valves, relief valves, accumulators. shuttle valve, hydraulic tank and mounting, hydraulic cylinders (rams), steel pipes, electro /hydraulic valves, check valves. EXCLUSIONS: Hoses, "O" rings, external seals, exposed pipes, m s, hydraulic tank breathers, contamination due to the ingress of water or dirt, fitters and filter elements, damage caused by the failure to use correct specification oil, impact damage. MAIN FRAME/CHASSIS: Chassis, mainframe, tack frames, equalizer barvpivot, bearings, soaks, mountings, ripper frame and side frame for major failure, cylinder mountings. AWP Products Only: mainframe/chassis, cylinder mountings, pins digs, bushes, seals, tunnoin, trunnoin housing, trunnoin brackets, axle mountings, steering cylinder mountings, age trunnoin, mast, mast rollers, carriage, carriage rollers, boom, tele -boom, boom mountings, boom cylinder mountings, pins, bushes, seals stabilizer. EXCLUSIONS: Damage caused by continuos overloading, impact ma'a ge, 4 resulting from continuous use of unsuitable ground, damage resulting from the failure to carry out recommended inspections, any failures and /or damage resulting from the machine being operated without the belly plate, damage caused by the machine sinking or becoming bogged down, ripper shank and pin /puller. blade and cutting edges. CASTINGS AND CASINGS: Providing that the damage has been EXCLUSIONS: Impact damage from external sources. FINAL DRIVERS, IDLERS, TRACK ADJUSTERS, RUNNING GEAR: Bearings, shall, thrust washers, seals, Input seals Onternal failure), front idlers, idler shafts, track adjuster assembly, tension springs, bull gears, pinions, crown wheels, yokes, steering and brake controls, final drive shaft, sprockets /segments (for breakage where applicable). EXCLUSIONS: Lubrication oils, damage caused by the ingress/contamination by din and /or water, damage caused by overspeed, damage caused by the failure to maintain the final drive casing breathers- (where applicable), continuous overloading the front idlers (Up- toeing), drive sprocket for wear, bottom and top rollers, damage resulting from the incorrect mounting/fitting of the drive sprocket/segments, tracks /chains, pad bolts, impact damage resulting in the failure of a cover component. Should operational conditions reduce the life of any running gear components then the full cost of repair will be to the customer. CAB, ROPS, AND FOPS STRUCTURERS AND BODYWORK: Specifically excluded. The following are also excluded: operators seat, glass, mirrors and supports, door and window locks /catches/struts, mats /linings, acoustic panels. Bonnet and side panel locks/catches/struts. 7. LIMITATIONS: THE AGREEMENT DOES NOT COVER; FAILURE OF THE PRODUCT DUE TO OPERATION UNDER CONDITIONS OTHER THAN THOSE FOR WHICH IT 15 DESIGNED; INSTALLATION OR SETUP COST; DIAGNOSTIC CHARGES; PERIODIC CHECKUPS AND /OR MAINTENANCE; LOSS OF USE OF THE PRODUCT; PRODUCTS NOT ORIGINALLY COVERED BY A MANUFACTURER'S WARRANTY, THE PURCHASER SHALL PERFORM ALL PREVENTATIVE MAINTENANCE RECOMMENDED BY THE MANUFACTURER TO MAINTAIN THE PRODUCT IN OPERATING CONDITION, LOSS OR DAMAGE RESULTING FROM THE FAILURE TO PROVIDE MANUFACTURER'S MAINTENANCE, OR NORMAL WEAR AND TEAR, IS NOT COVERED BY THIS AGREEMENT. IN NO EVENT SHALL THE SELLING DEALER OR SPI BE LIABLE FOR CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS AGREEMENT, OR LOSS OF USE DURING THE PERIOD THAT THE EQUIPMENT 15 AT REPAIR CENTER OR OTHERWISE AWAITING PARTS. REPLACEMENT PARTSWILL BE NEW OR REMANUFACTERED, THE FOLLOWING COSTS ARE YOUR RESPONSIBILITY: A. REPAIR OR REPLACEMENT OF PARTS NORMALLY DESIGNATED TO BE REPLACED PERIODICALLY OR CONSUMED DURING THE LIFE OF THE PRODUCT: E.G., AIR OR WATER FILTERS, EXTERNAL HOSE, FUSES COSMETIC ITEMS OR NON FUNCTIONAL PARTS. DAMAGES RESULTING FROM: 1. USE OF ACCESSORIES NOT APPROVED BY THE MANUFACTURER 2 INCORRECT CONNECTIOM OF SIGNAL LEADS OR INCORRECT ELECTRICAL SUPPLY; FAILURE, OR IMPROPER USE OF ANY ELECTRICAL SOURCE; ELECTRICAL CONNECTION TO OTHER PRODUCTS NOT RECOMMENDED FOR INTERCONNECTION BY THE MANUFACTURER OF THE PRODUCT; OR BATTERY LEAKAGE. 3. EXTERNAL CAUSES INCLUDING FIRE, THEFT, ACCIDENT, COLLISION WITH AN OBJECT, IMPACT DAMAGE, INSECTS, ANIMALS, SAND, DIRT, EXPOSURE TO WEATHER CONDITIONS, WINDSTORM, HAIL, LIGHTNING, EARTHQUAKE, AN ACT OF GOD, EXPLOSION, FLOOD, WATER, CONSEQUENTIAL LOSS OF ANY NATUREOR ABNORMAL VARIATION OF ELECTRICAL OR WATER SUPPLY. 4. ABUSE OR MISUSE. 5. LOSS OR DAMAGE OCCASIONED BY A HAPPENING THROUGH WAR. INVASION OR ACT OF FOREIGN ENEMY HOSTILITIES, CIVIL WAR, REBELLION, INSURRECTION, RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUT, OR CIVIL COMMOTION. SHIPPING CHARGES REQUIRED TO RECEIVE SERVICE ARE THE REPONSIBILITY OF THE SENDER, UNLESS PROVIDFD FOR IN ITFM 0 RFI my UNITED GUARD TERMS AND CONDITIONS D. CHARGES FOR SERVICE WHERE NO PROBLEM CAN BE FOUND. CHARGES FOR CUSTOMER ADJUSTMENTS, PROGRAMMING, OR EDUCATION. 0. HOW TO OBTAIN SERVICE: Contact the United Rentals Branch where you purchased the enuipment for the appropriate authorized service location. All repairs must be authorized by the administrator prior to performing of covered work. 9. PICKUP AND DELIVERY: Pickup and delivery at no charge with the purchase of this Agreement as long as the pickup and delivery is preapproved by the administrator. 10. CONDITIONS: A. Entire Agreement: This is the entire agreement between the parties. and no representation, promise or condition not contained herein shall modify these items. ServicePlanr Inc, 123 North Wacker Drive, Chicago, IL 60606, (800) 209 6206 is the obligor under this agreement, except in states of Alaska, Maine, New Mexico, and North Dakota, where, UNITED RENTALS, INC. is the obligor. (COLORADO, CONNECTICUT, GEORGIA, HAWAII, NEW YORK, OREGON, UTAH, WISCONSIN ONLY): The obligations under this Agreement a re insured by a service contact reimbursement Issuance policy with VIRGINIA SURETY COMPANY, INC., 1 122 3 NORTH WACKER DRIVIVE, CHICAGO, CAGO, IL 600 (60), a claim is not t paid by the m can within si lly y days s of of submitting the claim, the claim be Administrator r bo submitted to Virginia Surety Company, Inc. at the above (CONNETICUT ONLY): The i sponng ro has established an arbitration process to settle ytes C at arising f tram m an extended warranty Insurance A written complaint disputes may be mailed t6 of Attn. Consumer one Aepa Th P paP.00t Box Hartford, s CT T 0 a d -0186, Connecticut, f ce he. s. m written complaint muust t contain a description o of the dispute, the t, of pia the purchase price of the ordeuc des a copy of f this Agreement. e O Coverage afforded under a this agreement is guaranteed Nt teN b the he Property and Casualty Guaranty Guaranty E (WISCONSIN ONLY): THIS Pr AGREEMENT EEM T SUBJECT TO O LIMITED REGULATION Od ON BV THE OFFG FICIC E E OF OF THE COMMISSIONER SIONER ER IMIT OF INSURANCE. B. Transferability: This agreement is for the benefit of the original purchaser only and is not transferable. C. Cancellation: You may cancel this Agreement for any reason at any time by calling the United Rentals branch where you purchased this Agreement. If you cancel your Agreement within thirty (30) days of receipt of your Agreement, you will receive a full refund If you cancel after thirty (30) days of receipt of your Agreement, UNITED RENTALS, INC. (and its subsidiaries) will pay you for a pro rata refund based on the time expired less a $25.00 cancellation fee, or 10% of the pro rata amount (whichever is less), less the cost of any claims. IN WISCONSIN: If you cancel within thirty (30) days, you will receive a pro rata refund based on the time expired less actual cost of charges needed to issue and service the warranty contract. IN GEORGIA: You may cancel this Agreement at any time and receive a pro rata refund premium. UNITED RENTALS, INC. (and its subsidiaries), SPI or the administrator may not cancel this Agreement except for fraud, material misrepresentation or non payment by you; or if required to do so by any regulatory authority. Notice of such cancellation will be in writing and given at least 30 days prior to cancellation. (HAWAII, NORTH CAROLINA, AND NEW YORK ONLY): A ten percent (10 penalty per month shall be applied to refunds not paid or credited within thirty (30) days of retum of service contract. The purchase of this Agreement is not required to purchase the product or obtain financing for the product. UNITED RENTALS, INC. (and its subsidiaries), SPI or the administrator may not cancel this Agreement except for non- payment by you. Administered By: UNITED RENTALS, INC. 1501 Cummins Dr. Modesto, CA 95237 Subject: Ap Resolution R -10 -18 Power ine Road TCE ROW rov "R r Submittal by: i Dedication Agenda No. n• 02'5 Department Origin: Administrative City Attorney: City Manager S ,f City Clerk: Date Submitted: 3 JUN 10 i City Manager Exhibits Right -of -Way Dedication Temporary Construction Easement EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED. $0 APPROPRIATION REQUIRED: $0 gn Or SE NOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY At their meeting on Tuesday, May 25, 2010, the Indian River County School Board approved and executed a (1) 1.24 acre dedication of land; and, (2) Temporary Construction Easement (TCE) associated with the Powerline Road extension project. Council can now formally accept these documents. Upon approval, by Council, the City Clerk's Office will record the document with the Indian River County Clerk of the Court. RECOMMENDATION Staff recommends that Council adopted Resolution R -10 -18 and record said record. GOING FORWARD With the dedication and TCE approved, City staff will be meeting again with School Board staff to coordinate construction efforts. The City originally requested dedication in December 2009. It has been the intent of the City and the School Board to commence construction of the road near Sebastian Elementary when school is in recess. With school about to adjourn for the summer, it is not possible to bid and begin construction on this project prior to mid August. As a result, construction commencement may need to be delayed until March 2011, when road construction can start at the intersection of Main Powerline Roads and end at the intersection of Powerline /Sebastian Boulevard when school adjourns for 2011 summer break in June. A meeting has been established between the School and City to discuss construction coordination. I RESOLUTION NO. R- 10-18 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE DEDICATION OF CERTAIN RIGHT -OF -WAY FROM THE SCHOOL BOARD OF INDIAN RIVER COUNTY; ACCEPTING IMPROVEMENTS TO SAID RIGHT -OF -WAY FOR ALL PURPOSES; ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM THE SCHOOL BOARD OF INDIAN RIVER COUNTY; PROVIDING FOR RECORDING IN THE OFFICIAL RECORDS IN AND FOR INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The School board of Indian River County has dedicated that certain right -of- way legally described in the Right -of -Way Deed attached hereto as Exhibit "1" to this Resolution; and WHEREAS, The said right -of -way meets all necessary requirements for acceptance by the City of Sebastian; and WHEREAS, It is in the best interest of the City of Sebastian to accept said right -of-way for all purposes, including maintenance; and WHEREAS, The School Board of Indian River County has also offered the City of Sebastian a Temporary Construction Easement in the form of a fully executed document attached hereto as Exhibit "2" to this Resolution and WHEREAS, It is in the best interest of the City of Sebastian to accept said Temporary Construction Easement for the purposes described therein, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA that: Section 1. The City Council of the City of Sebastian hereby accepts that certain Right -of- Way Deed described in Exhibit "1" to this Resolution, including the real property described therein as follows: Commencing at the intersection of the Southerly right of -way of County Road 512 and the West line of the northeast quarter of Section 13, Township 31 South, Range 38 East, run North 38 °10'37" East, along aforesaid right of -way, 348.26 feet to the Point of Beginning. Continue North 38 °10'37" East, 80.00 feet; thence South 51 °49'23" East, 925.00 feet to a point of curvature concave Northeasterly, having a radius of 700.00 feet; thence run Southeasterly, 244.35 feet along the arc of said curve through a central angle of 20°00'00 thence South 71 °49'23" East, 530.00 feet to the point of curvature of a curve concave Northeasterly, having a radius of 600.00 feet; thence run Southeasterly, 115.19 feet along the arc of said curve, through a central angle of 11 °00'00 thence South 82 °49'23" East, 162.88 feet; thence South 00 °01'27" East, 80.64 feet; thence North 82°49'23" West, 172.98 feet to the point of curvature of a curve concave Northeasterly, having a radius of 680.00 feet; thence run Northwesterly, 130.55 feet along the arc of said curve through a central angle of 11 °00'00 thence North 71 °49'23" West, 530.00 feet to the point of curvature of a curve concave Northeasterly, having a radius of 780.00 feet; thence run Northwesterly, 272.27 feet along the arc of said curve, through a central angle of 20 °00'00 thence North 51 °49'23" West, 925.00 feet to the Point of Beginning. All the above situate in Indian River County, Florida. Section 2. The City Council of the City of Sebastian hereby accepts that certain Temporary Construction Easement as described in Exhibit "2 Section 3. This Resolution shall be recorded in the official records in and for Indian River County, Florida upon adoption by the City Council of the City of Sebastian. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section. 6. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Richard H. Gillmor Vice Jim Hill Councilmember Andrea Coy Councilmember Eugene Wolf Councilmember Don Wright The Mayor thereupon declared the Resolution duly passed and adopted this day of ,2010. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMM City Clerk (SEAL) Approved as to form for reliance by the City Of Sebastian only: Robert A. Ginsburg City Attorney By: Richard H. Gillmor, Mayor Return to: City of Sebastian City Clerk 1225 Main Street Sebastian, FL 32958 This instrument prepared by: Robert A. Ginsburg, City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 STATE OF FLORIDA COUNTY OF INDIAN RIVER RIGHT OF WAY DEED TO CITY OF SEBASTIAN CONVEYS THE TITLE FOR ROADWAY PURPOSES BY THE SCHOOL BOARD OF INDIAN RIVER COUNTY THIS INDENTURE, Made this o25 day of Mc..xi A.D. 2010, by and between the School Board of Indian River County, a politica) subdivision of the State of Florida, the "School Board having its office and principal place of business at 1990 25 Street, Vero Beach, FL 32960 and the City of Sebastian a municipality under the laws of the State of Florida, (the "City and its successors in interest, whose address is 1225 Main Street, Sebastian, Fl 32958. WITNESSETH: The "School Board for and in consideration of the sum of One dollar ($1.00) to it in hand paid by the City, the receipt whereof is hereby acknowledged, and for other and further good and valuable considerations, does hereby grant, bargain and sell to the City and its successors in interest, for the purpose of a public roadway and purposes incidental thereto, all right, title, interest, claim or demand of the party of the School Board in and to the following described land, situate, lying and being in Indian River County, State of Florida, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. EXHIBIT "1" By: It is the intention of the School Board, by this instrument, to convey to the City, and its successors in interest, the land above described for use as a public roadway and for all purposes incidental thereto. It is expressly provided that if and when said roadway shall be lawfully and permanently discontinued, the title to the said above described land shall immediately revert to the School Board, its successors and assigns, and it or they shall have the right to immediately re- possess the same. And the School Board will defend the title to said land against the lawful claims of all persons whomsoever, claiming by, through or under it. IN WITNESS WHEREOF, the School Board has executed this instrument, and has caused the same to be executed by its Chairperson and has caused the same to be attested by the School Board, and its official seal hereon to be impressed, on this day and year first above written. School Board of Indian River County Corporate Name ATTEST: Karen Disney Bromba School Board Chairman \a-010 Address: 1990 25 Street, Vero Beach, FL 32960 Harry J. La Ca d' D 5`a-s \zn\ D Superintendent of Schools and Secretary to School Board STATE OF V \o-c\1.c", COUNTY OF Sr.2sNos. Sally A. City Clerk SEAL) Robert A.Ginsburg, City Attorney io, CMC /AAE v�r I HEREBY CERTIFY, that on this 2 C l day of Mwy before me, an officer duly authorized to administer oaths and take acknowledgements, personally appeared \&c,.ve.. h \sh and 4\o,. +y known to me, or proven, by producing the following identification: to be the c\'. PAT Tr• qy+ "4e-*Vv.\ St_ClaTal l of the School Board of Indian River County and in whose name the foregoing instrument is executed and that said officer (s) severally acknowledged before me that C_oY executed said instrument acting under the authority vested by said School Bdard and it official seal is affixed thereto. WITNESS my hand and official seal in the County and State aforesaid, the day and year last aforesaid. Approved as to Form and Content for Reli ce by the City of Sebastian Only Notary Sign Printed Notary Name OF EBASTIAN Richard Gillmor Mayor A.D. 2010, cbrow.\ r personally tar Notary Public, State of d••', Notary Public State of Honda My Commission Expires: w C o o mmssionooeeeo 9 S Commission Serial No. 't Eaelrea 07/23 /2011 The foregoing was accepted and approved on the day of A.D., 2010, by Resolution No. of Sebastian City Council of the City of Sebastian, Florida. CURVE TABLE CURVE DELTA LENGTH RADIUS CHORD BRG. CHORD C1 2819'05" 177.05 358.23 514'04'54'F 175.26 C2 22'57'47' 178.95 446.50 539'43'20T 177.75 EXHIBIT "A" Sketch of Legal Description for Powerline Road R/W Parcel at the Sebastian Elementary School Site SURVEYORS NOTES Indian River County, Florida 1) THE BEARING BASIS 15 THE WEST LINE OF SECTION 7 WHICH BEARS N00 "E. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17 -6, FLORIDA ADMINISTATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. LEGEND R/W RIGHT —OF —WAY NO. NUMBER R RADIUS LENGTH CH CHORD DISTANCE BRG BEARING PSM PSM A DELTA P.C. POINT OF CURVATURE P.T. POINT OF TANGENCY C.R. COUNTY ROAD LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7; THENCE 500'04'38 "E ALONG THE WEST LINE OF SAID SECTION 7, THE SAME BEING THE EAST LINE OF THE PLAT OF SEBASTIAN HIGHLANDS, AS RECORDED IN PLAT BOOK 5, PAGE 15 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 1548.10 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL THENCE SOUTHEASTERLY ALONG SAID CIRCULAR CURVE, HAVING A RADIUS OF 358.23 FEET, THROUGH A CENTRAL ANGLE OF 2619'05 FOR AN ARC LENGTH OF 177.05 FEET TO A POINT OF TANGENCY; THENCE 52814'27 A DISTANCE OF 47.57 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG SAID CIRCULAR CURVE, HAVING A RADIUS OF 446.50 FEET, THROUGH A CENTRAL ANGLE OF 22'57'47, FOR AN ARC LENGTH OF 178.95 FEET TO A NON TANGENT POINT, SAID POINT BEARS 538'47'47 W FROM THE RADIUS POINT OF SAID CURVE; THENCE N13.322 30 A DISTANCE OF 56.53 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 512; THENCE 53879'52 "W ALONG THE SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 380.12 FEET TO AN INTERSECTION WITH THE SAID WEST LINE OF SECTION 7, THE SAME BEING THE EAST LINE OF TRACT C OF SAID SEBASTIAN HIGHLANDS SUBDIVISION; THENCE NO0V4'38 "E ALONG THE SAID WEST LINE OF SECTION 7 A DISTANCE OF 640.28 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 54,038 SQUARE FEET OR 1.24 ACRES MORE OR LESS. Sheet I of3 Not Valid Without Al! Sheets SKETCH OF LEGAL DESCRIPTION "This is NOT 0 Boundary Su vey" Drawn by: Che ked by OMi I DMT Fite na e Scale Drawing Name 10 -63 5 04/05/10 I N/A 6385LGL.dwg Maste/ler, Molar, Reed Taylor, Inc" PROFESS /011;4L SCR 'TAMS AND MAPPERS A LAND SURVEYING RUSINRCC44611 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fox: (772) 794 -0647 NO VAUD WITHOUT THE Si NATURE AND THE ORIGINAL RASED SEAL OF A FLORIDA UCENSE VEYOR AN MAPPER, D TAYLOR P. 43 EXHIBIT "2" Sketch of Legal Description for Powerline Road R/W Parcel at the Sebastian Elementary School Site Indian 1 i Rver County, Florida 1 C 1 1 i demmur ORANGE AWRIE POINT OF I COIAMENCEMENT NW CORNER OF I SECTION 7 -31 -39 5 I Q 1 Et I SEST LINE OF e I- Yo SECTION 7 -31 -39 IV IT I3 r INDIAN RIVER COUNTY SCHOOL BOARD SEBASTIAN ELEMENTARY SCHOOL SUE i 315 ]YE Sheet 2 of 3 Not Valid Without All Sheets SKE fCH OF LEGAL DESu2IPTION Drawn by. Chethed by He name "This is NOT a Boundary Survey" DMT I DMT I Fil 10 -6385 Date Scale Drawing Name 04/05/10 I1 v400' 16385LGL.dwg Masteller, Molar, Reed Taylor, Inc. PROFESSIONAL S UR Z' YO R S AND MAPPERS A 1-AND S UR l E' Y7 N C R US I NF S S/11611 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone; (772) 564 -8050 Fox: (772) 794 -0647 NOT VALID THE ORIGIN UCEN TNOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA URVEYOR AND AND TAYLOR P. h Sketch of Legal Description for Powerline Road R/W Parcel at the Sebastian Elementary School Site Indian River County, Florida P.C. -1 W Mrz OW O 24p �N8 372'30'E SUBJECT 56.53' PARCEL j t /T Acres± 0 1 I POINT OF BEGINNING r 0\ INDIAN RIVER COUNTY SCHOOL BOARD VP SEBASTIAN ELEMENTARY 'h \N SCHOOL SITE PROPOSED TEMPORARY EASEMENT 110N 4 k y F, 4 3 V 4 J O J A 0 49 <5 J Sheet 3 of Not Valid Without All Sheets 1 I w taa' I 1 1 II I I SKETCH OF LEGAL DESCRIPTION "This is NOT a Boundary Survey" Drawn by. Checked by File name Date Scale Brawny Name DMT 1 DMT 10 -6385 04/05/10 I =100' 6385LGL.dwg Masieller, Maier, Reed Taylor, Inc. F PROFESSIONAL SURVEYORS AND A1APPERS L4NDS1JRVEYINCROSINF.SSNJ611 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fax: (772) 794 0647 NOT VAIJD WITHOUT THE SIGNATURE AND THE ORIGINAI$AISED SEAL OF A FLORIDA LICEN RVEYOR AND DAVID TAYLOR TEMPORARY CONSTRUCTION EASEMENT (Power line Road) This Temporary Construction Easement Agreement, made and entered into this a5 of 2010, by and between the School Board of Indian River County, a political s bdivision of the State of Florida, (the 'School Board having its office and principal place of business at 1990 25 Street, Vero Beach, FL 32960 and the City of Sebastian a municipality under the laws of the State of Florida, (the "City whose address is 1225 Main Street, Sebastian, FL 32958 WITNESSETH: WHEREAS, the parties have executed a document of even date entitled Right of Way Deed, and WHEREAS, the purpose of such Right of Way Deed is to provide for the construction of Powerline Road and purposes incidental thereto, and; WHEREAS, the City has requested a Temporary Construction Easement incident to the construction of Powerline Road, and the School Board wishes to provide the same, NOW THEREFORE, the School Board In consideration of the sum of One dollar ($1.00) to it in hand paid by the City, the receipt whereof is hereby acknowledged, and for other and further good and valuable considerations, hereby creates, grants, gives and conveys to the City a Temporary Construction Easement over the property described in Exhibit A attached hereto and made part hereof (the "Easement Area Rights Reserved. The School Board shall have the right to use the Easement Area for any purpose not inconsistent with the purpose and intent of this Temporary Construction Easement. Indemnification. To the extent permitted by law, and without waiving the limits of liability as set forth in Section 768.28, Florida Statutes, City agrees to indemnify, defend and hold harmless School Board from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability, arising from, out of, or caused by City, its officers, employees, agents, or contractors, negligent or intentional acts, errors, omissions in the use of the Easement Area. No Third Party Beneficiaries. This Easement Agreement is granted only for the benefit of the Easement Area and is not intended for the use or benefit of any other real property, nor is it for the use or benefit of any person or entity other than those to whom School Board has expressly permitted the use of the Property. No consent to the modification, from time to time, or termination of the provisions of this Easement Agreement shall ever be required of any third party; nor shall any such third party have any right to enforce any of the provisions r herein. Notwithstanding the preceding sentence, the parties hereto and their successors and assigns may permit the easement created hereunder to be used for its intended purpose. Expiration. This Temporary Construction Easement shall terminate eighteen (18) months from the date hereof unless the parties agree in writing to another termination date. Restoration. The City agrees to restore the Easement Area to its original condition upon the termination of this Temporary Construction Easement. IN WITNESS HEREOF, the parties have executed this instrument, as of the day and year first above written. School School Board of Indian River County Corporate Name h .5 :.s \ao\o By: Karen Disney Bromb School Board Chairman Address: 1990 25 Street, Vero Beach, FL 32960 ATTEST: Harry J. La Cjva s \as \aoto Superintendent of Schools and Secretary to School Board ATT Sally A. M- o, CM 1' E City clerk. (SEAL) Approved as to Form and Content for Reli nce by the City of Sebastian Only Robert A. Ginsburg, City Attorney CITY OF SEBASTIAN r Richard Gillmor Mayor EXHIBIT "A" SURVEYORS NOTES Sketch of Legal Description for Temporary Construction Easement at the Sebastian Elementary School Site Indian River County, Florida 1) THE BEARING BASIS IS THE WEST LINE OF SECTION 7 WHICH BEARS N00•04'38 E. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWSE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61C17 -6, FLORIDA ADMINISTATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. 1 FGFND R/W RIGHT —OF —WAY NO. NUMBER R RADIUS LENGTH CH CHORD DISTANCE BRC BEARING PSM PSM DELTA P.C. POINT OF CURVATURE P.T. POINT OF TANGENCY C.R. COUNTY ROAD 1 FGAL DFSCRIPfON A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST. INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 7; THENCE 500104'38 E ALONG THE WEST LINE OF SAID SECTION 7, THE SAME BEING THE EAST LINE OF THE PLAT OF SEBASTIAN HIGHLANDS AS RECORDED IN PLAT BOOK 5, PAGE 75 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 1548.10 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG SAID CIRCULAR CURVE, HAVING A RADIUS OF 358.23 FEET, THROUGH A CENTRAL ANGLE OF 2819 FOR AN ARC LENGTH OF 177.05 FEET TO A POINT OF TANGENCY; THENCE 52814'27 A DISTANCE OF 47.57 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG SAID CIRCULAR CURVE, HAVING A RADIUS OF 446.50 FEET. THROUGH A CENTRAL ANGLE OF 2257 FOR AN ARC LENGTH OF 178.95 FEET TO A NON TANGENT POINT, SAID POINT BEARS 338'47'47'W FROM THE RADIUS POINT OF SAID CURVE THENCE N8372'30'E A DISTANCE OF 28.75 FEET TO A NON— TANGENT POINT 014 A CIRCULAR CURVE SAID POINT BEARS 536•5'04'W FROM THE RADIUS POINT OF SAID CURVE; THENCE NORTHWESTERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 426.50 FEET, THROUGH A CENTRAL ANGLE OF 25'40'29t FOR AN ARC LENGTH OF 791.12 FEET TO A POINT OF TANGENCY THENCE N2814'27'W A DISTANCE OF 4257 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE NORTHWESTERLY ALONG SAID CIRCULAR CURVE, HAVING A RADIUS OF 338.23 FEET, THROUGH A CENTRAL ANGLE OF 2819'05', FOR AN ARC LENGTH OF 167.17 FEET TO A NON TANGENT POINT, SAID POINT BEARS N8955'22 FROM THE RADIUS POINT OF SAID CURVE; THENCE N8678'55'E A DISTANCE OF 83.71 FEET; THENCE N18'43'11 A DISTANCE OF 56.91 FEET; THENCE N801)5'27 W A DISTANCE OF 66.18 FEET THENCE NOOV4'38 E A DISTANCE OF 138.78 FEET THENCE 589 A DISTANCE OF 8.54 FEET,; THENCE NOOV6'15'E A DISTANCE OF 38.00 FEET; THENCE N89 55 22 W A DISTANCE OF 8.56 FEET THENCE N00V4'38 E A DISTANCE OF 1300.70 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 7; THENCE S8918'25'W A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; SAID EASEMENT CONTAINING 46,977 SQUARE FEET 01? 1.01 ACRES MORE OR LESS. Sheet 1 of 4 Not Valid Without All Sheets SKETCH OF LEGAL ULSCHIPI ION Drawn by: Cheched by File name Date Scale Drawing Name "This is NOT o Boundary Survey I DMT I DMT I 10 -6365 1 04/05/10 I N/A I 6385LGL.dwg Masteller, Mole', Reed Taylor, Ina PROFESSIONAL S UR I /E YO R S A ND MAPPER S A LAND SURVEFBVGBUSINESS#1614 1655 27th Street. Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fax: (772) 794 -0647 NO VALID 1MTH UT THE SIGNATURE AND THE ORIGINAL RASED SEAL OF A FLORIDA UCENSE VEYOR AND MAPPER 4t_ 1 j DAN !r D TAYLOR 5243 SKETCH OF LEGAL OES tIPTI6N This is NOT a Boundary Survey" Sketch of Legal Description for Temporary Construction Easement at the Sebastian Elementary School Site Indian River County, Florida J 1 I Z x I F ffix F t_ t t �roo ORANGE RM um POINT OF BEGINNING NW CORNER OF SECTION 7 31 39 WEST LINE OF SECTION 7 -31 -39 INDIAN RIVER COUNTY SCHOOL BOARD SEBASTIAN ELEMENTARY SCHOOL SITE SUBJECT EASEMENT i Sheet 2 of 4 Not Valid Without All Sheets Drawn byaChecked byl Fite name Scale Drawing Name oMT DMT 10 -6385 l 04/05/10 11 =600' l 6385L6L.dwg Masteller, Mater, Reed Taylor, Ina F PROFESSIONAL SUR VETOES AND MAPPERS im LAND SURYEFINGBUS/NFfy#4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fax: (772) 794 -0647 NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RA SEAL OF A FLORIDA LICENSED S1RC€Y)R AND MAPPER. DAVID TAYLOR P.I.S. 52 I 1 h J h I l $L) LIME AVENUE 1( 1 l ua D U= s 2Y jI0 I F S i m Om 04 id L a F 1 L_ 8= N x SKETCH OF LEGAL DESCRIPTION This is NOT a Boundary Survey" Sketch of Legal Description for Temporary Construction Easement at the Sebastian Elementary School Site Indian River County, Florida A L4NDSURYEJDVC BUSINESS #164l MATCH LINE SEE SHEET 4 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fax: (772) 794 -0647 WEST UNE OF SECTION 7 -31 -39 SUBJECT EASEMENT INDIAN RIVER COUNTY Y SCHOOL BOARD A SEBASTIAN ELEMENTARY SCHOOL SITE A N8955'22"W RADIAL LI Masteller, Meier, Reed Taylor, Inc. PROFF.fSWON9L SURVEYORS AND MAPPRRS CURVE TABLE CURVE 01 C2 C3 C4 DELTA 28'19'05" 22'57'47" 25'40'29" 28'19'05" LENGTH 177.05 178.95 191.12 16717 RADIUS 358.23 446.50 426.50 338.23 CHORD BRC. S1 4 114'54 "E 539'43'20 "E N47 V4'41 "W N14'04'54'W CHORD 175.26 177. 189.52 165.47 Drawn by:' Checked by DMT DMT LINE TABLE LINE u L2 L3 L4 15 L6 L7 18 L9 110 111 LENGTH 47.57 28.75 47.57 83.71 56.91 66.18 138.78 8.54 38.00 8.56 20.00 BEARING S2814'27t N8322'30"E N28'I4'27 "W N8628'55"E NI8'43'11 "W N80'05'27 "W N00104'38"E 58955'22 "E NO0'06'15"E N895.522 "W S8918 "W Sheet 3 of 4 Not Valid WithoutAll Sheets File name Date Scale Drawing Name 10 -6365 04/0S/10 11" -200' 6385L61.dwg NOT VAUD NIIHOUT THE SIGNATURE AND THE ORIGINAL RA D SEAL OF A FLORIDA LICENSED slit%' YOR AND MAPPER. D TAYLOR P.L Sketch of Legal Description for Temporary Construction Easement at the Sebastian Elementary School Site Indian River County, Florida I ORANGE AVENUE SKE CH •F L AL B SC' ON "This is NOT a Boundary Survey" r HBLRY K 20, AG TRACT A CONSERVATION SUBJECT EASEMENT A LAT 80 1_. NORTH LINE O SECTION 7- 315 -39E POINT OF BEGINNING NW CORNER OF SECTION 7 -31 -39 WEST LINE OF SECTION 7 -31 -39 INDIAN RIVER COUNTY SCHOOL BOARD SEBASTIAN ELEMENTARY SCHOOL SITE MATCH LINE SEE SHEET 3 Sheet 4 of 4 1 f 4 l r. Drawn by Checked by File name DMT DMT 10 -63 5 Date 04/05/10 Scale r.200 Drawing Name 6385L6L.dwg Masteller, Mohr, Reed Taylor, Inc. PROFFSS /ON 9L SURFEYORSANDMAPPERS A LAND SURF-TYING ROSINESS Alai 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fax: (772) 794 -0647 NOT VALID WITHOUT THE SI NATURE AND THE ORIGINAL RASED SEAL OF A FLORIDA LICENSED YOR AND MAPPER i A V DA 47 TAYLOR P.LS /3) Subject: Member Advisory A••ro Unexpired, Vacant Regular Position on Parks Recreation Committee for Submittal by: Agenda No: 10- 0 Department Origin: City Clerk's Offic k: City Clerk: r: y City C tto For Agenda of 6/9/10 i a ager Exhibits: application, ad, list Expenditure Required: Amount Budgeted: Appropriation Required: am nAN SE HOMI Of PELICAN SAND SUMMARY STATEMENT There is one unexpired, regular member position open for consideration. There is one applicant, Mr. Tenerowicz. RECOMMENDED ACTION Interview unless waived, and submit nominations for the unexpired, vacant regular member position with a term to expire May 31, 2011. NAME: �0 Q PT A, 940 w sc a HOME ADDRESS: aid S 6.4.4 A eSea L.) Vet- -Se L G7 3 2 srt HOME PHONE:722_5n_ HOME FAX: E-MAIL: f p" 7X1 ro /F.... ne/A A/ cr,dod e0— BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS. FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN ?UOS HOW LONG2 Sy 2 'ai i(.)O DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHIC H BOARDS/COMMITTEES? j% #v 7- w L Z 3b /NSc AV C t 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) PjANNING AND ZONING COMMISSION (permanent board- meets twice a month)* OLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory boarg- 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) Working Waterfront (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment C� an cc eLIVLU SF T IA N fY JF SEBASTIAN OFFICE OF CITY CLERK HOME OF PELICAN ISLAND 2010 fIRY 12 firr 9 02 APPLICATION 1 SERVE ON CITY BOARD /COMMITTEE (All CJ Board and Committee Members Must be Residents of the City of Sebastian) APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) Jsscs sc... o A .c ,[/..+.e_ JJ,w, ..i C o'Sy /v.+...10 /r1.). 74.r7 S'c-4n_aA 64-1. y HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? L 1 ro .v• if- y v J flr A- r-; L G.. /C f.i a rsyte. Hf 7 OP. r.+.o ✓-S LIST ANY ADDITIONAL QUALIFIC NS TO SERVE ON BOARD OR COMMITTEE: N. 0R.�� a flC.l ,a. o /I HNya.� ai.+wr y.Gw -S 64-a V .-4 ecanes..., HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? AA) HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? JO n_7 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE /Jo 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 I have provided in this application_ I understand that any misrepresentation or ornission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Co (attached). Information relative to a specific board or com ilable if requested. Subscribed and sworn to before '"cjS4 1if1tIV J! CZ Notary Public ate of Florida thi who is personally as identification. plicant Signature Ordinances Sections 2 -166 through 2 -173 /2 day of 05/0 by known to has produced Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 wp- form\applicat.wpd rev. 7/2007 .41.& Sally A. Maio Q Commission DD595269 Expires October 5, 2010 ;h mwaa w MU n mC 1°°445'"" May 24, 2010 PRESS RELEASE PARKS AND RECREATION ADVISORY COMMITTEE THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE UNEXPIRED REGULAR MEMBER POSITION ON THE COMMITTEE WITH TERM TO EXPIRE MAY 31, 2011. ALL COMMITTEE MEMBERS MUST BE CITY RESIDENTS. THIS COMMITTEE MEETS ON THE FOURTH MONDAY OF EACH MONTH AT 5:30 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. In the event Council fills the position with an alternate member, Council may choose 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 AT W W W.CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED THROUGH JUNE 1 2010. #N# MEMBER NAME AND ADDRESS Jerome Adams 901 Roseland Road Sebastian, FL 32958 589 -1595 JeromeAdams( net Matthew Sims Vice Chair 1741 Barber Street Sebastian, FL 32958 538 -4369 OneStppCellular5(a7aol.com JoAnn White Chair 449 Easy Street Sebastian, FL 32958 589 -9300 J o a n n e (a 2 w h i to s. com Scott Simpson 1132 Coverbrook Lane Sebastian, FL 32958 713 -8472 scottandteresa com PARKS RECREATION ADVISORY COMMITTEE Ordinance No. 0 -07 -07 seat Jay VanArsdall Altemate Member 907 George Street Sebastian, FL 32958 581 -1668 JayVanArsdall@comcast. net Jarad Pelletier Alternate Member 550 Croton Avenue Sebastian, FL 32958 388 -2803 BOARD SECRETARY, LINDA KINCHEN 3 -YEAR TERMS TERMS Term to expire 5/31/2011 Term to expire 5/31/2012 Term to expire 5/312011 Term to expire 5/31/2012 Appointed 627/07 Term to expire 5/312013 Appointed 5/26/10 Term to expire 5/312011 Term to expire 5/31/2012 Subject: Pain Clinics Apt ovey Ordinance 0 -10 -03 Relating to or Pain Management Clinics or Submittal by: City Manager Agenda No. 0 0 Department Origin: City Attorney City Attorney's Office ���-f Date Submitted: 06/02/10 For Agenda of: 06/09/10 Se Exhibits: Proposed Ordinance No. 0 -10-03 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A HOME OF PELICAN ISLAND SUMMARY This agenda item incorporates the amendments made by the City Council on May 26, 2010: RECOMMENDED ACTION Hold public hearing. At Council's discretion, move to enact 0- 10 -03. Sec. 30 -80 Recitations. ORDINANCE NO. 0-10-03 CHAPTER 30 BUSINESSES Sec. 30 -81 Application of Chapter 30, Article II. Amended AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE ISSUANCE, DUPLICATION, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR CERTAIN PAIN CLINICS OR PAIN MANAGEMENT CLINICS; ENACTING ARTICLE IV OF CHAPTER 30 OF THE CODE OF THE CITY OF SEBASTIAN; PROVIDING FINES AND PENALTIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding new sections, to be numbered 30 -80 through 30 -85, which sections shall read as follows: ARTICLE IV PAIN CLINIC AND PAIN MANAGEMENT CLINICS Section 1. REGULATIONS RELATING TO PAIN CLINICS AND PAIN MANAGEMENT CLINICS. (1) The Sebastian Police Department made a PowerPoint presentation to the City Council on May 12, 2010, describing the public health and crime issues relatingto the proliferation and activities of Pain Clinics and Pain Management Clinics which presentation is incorporated herein by this reference as if transcribed and fully set forth herein; and (2) It is appropriate and in the best interest of the City of Sebastian to enact an Ordinance prohibiting the issuance, duplication, transfer and renewal of local business tax receipts for certain Pain Clinics and Pain Management Clinics. The provisions of Chapter 30, Article lI of the code, with the specific exception of Section 30-46 (Penalty for violation of article), are applicable to this Article IV. PIO Sec. 30 -82 Legislative Finding. The Sebastian City Council, in the exercise of its legislative discretion, hereby finds and determines that a public health emergency exists and the enactment of this Ordinance is necessary to forestall the proliferation and activities of certain Pain Clinics and Pain Management Clinics within the municipal limits. Sec. 30 -83 Prohibition. (1) No local business tax receipt shall be issued, duplicated, transferred or renewed for certain pain clinics or pain management clinics as defined herein. (2) No person, firm or corporation shall apply for a City of Sebastian business license, or the duplication, transfer or renewal thereof, for the purpose of establishing or operating a Pain Clinic or Pain Management Clinic as defined herein. (3) No person, firm or corporation shall use a City of Sebastian business license receipt for the purpose of establishing or operating a Pain Clinic or Pain Management Clinic as defined herein. Sec. 30 -84 Definitions, Exceptions. For the purpose of this Ordinance, the following definitions are used: (I) "Pain Clinics" or "Pain Management Clinics" defined. The terms Pain Clinics or Pain Management Clinics are defined as privately owned clinics, facilities or offices the primary business purposes of which are to prescribe or dispense pain medication such as opioids including fentanyl, hydrocodone, morphine and oxycodone, or any controlled substance identified in Schedules II, III and IV of Sections 893.03, 893.05 or 893.0355 of the Florida Statutes, as the same may be amended or renumbered from time to time. (2) Exception. The definition of Pain Clinics or Pain Management Clinics shall specifically exclude clinics, facilities or medical practitioners' offices that: (a) are fully owned by one or more physicians, licensed by the State of Florida and who are board certified in pain management, and (b) where all physicians employed by the practice, who spend the preponderance of their professional time prescribing controlled substances, are also board certified in pain management. Sec. 30 -85 Fines and Penalties. (1) Violations of any of the provisions of this Article shall be punishable as provided in Section 1 -10 of this code. (2) The City is authorized to seek temporary or permanent injunctive relief to restrain or prohibit any violation of this Article. (3) Any occupational license may be revoked by the City Council upon proof of willful violation of this Article. Section 2. CONFLICT. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of this Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance will take effect immediately upon adoption by the City Council. The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member and upon being put to a vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright The Mayor thereupon declared this Ordinance duly passed and adopted this day of ATTEST: CITY OF SEBASTIAN, FLORIDA By: Sally A. Maio, MMC Richard Gillmor, Mayor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg City Attorney 1) 3 91 re e4 No I o c In, s;,,e,s,cfro-X 511011 be IisRe, l 'P -mats rrect dv re newe =d ¥o Certain pa. v< al 'Ai Lc Or r9Qin mjrn1 -Itnics QS aE R heck. hhth f in, Sec. 30 -83 Prohibition. 2 (y) No person, firm or corporation shall apply for a City of Sebastian business license, or the duplication, transfer or renewal thereof, for the purpose of establishing or operating a Pain Clinic or Pain Management Clinic as defined herein. No person, firm or corporation shall use a City of Sebastian business license receipt for the purpose of establishing or operating a Pain Clinic or Pain Management Clinic as defined herein. Sec. 30 -84 Definitions, Exceptions. For the purpose of this Ordinance, the following definitions are used: (1) "Pain Clinics" or "Pain Management Clinics" defined. The terms Pain Clinics or Pain Management Clinics are defined as privately owned clinics, facilities or offices pf the primary business purposes of which are to prescribe or dispense pain medication such as opioids including fentanyl, hydrocodone, morphine and oxycodone, or any controlled substance identified in Schedules II, III, and IV of Sections 893.03, 893.05 or 893.0355 of the Florida Statutes, as the same may be amended or renumbered from time to time. (2) Exception. The definition of Pain Clinics or Pain Management Clinics shall specifically exclude clinics, facilities or medical practitioners' offices that: (a) axe fully owned by one or more physicians, licensed by the State of Florida and who are board certified in pain management, and where all physicians employed by the practice, who spend the preponderance of their professional time prescribing controlled substances, are also board certified in pain management. (b) Sec. 30 -85 Fines and Penalties. (1) Violations of any of the provisions of this Article shall be punishable as provided in Section 1 -10 of this code. (2) The City is authorized to seek temporary or permanent injunctive relief to restrain or prohibit any violation of this Article. (3) Any occupational license may be revoked by the City Council upon proof of willful violation of this Article. Subject: A. B. Transfer A Sebastian Aero Services (Two Issues) Agenda No. 0, OZ 1 Department Origin: Airport Director: City Attorney: Air•o, J R -10 -17 Notice of Lease Reassignment CONSIDER Conditional Notice to Cooper Trading Corporation rov tSubmittal by: of AVGAS i ,14V a r e City Clerk: -Ma, Date Submitted: 3 JUN 10 A i ne City Manager Exhibits: "A" Cooper Proposal; "B" SAS Lease; "C' FDOT E -Mail Correspondence EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED: $0 arts S EeasrAN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY Sebastian Aero Services (SAS) operates the only Fixed Base of Operations (FBO) at the Sebastian Municipal Airport (SMA). SAS is an FAA approved maintenance base that provides an array of FAA approved services to the aviation community. On January 27, 2010, Council approved R- 10 -02, providing 120 days to complete the transfer of the SAS leasehold to Treasure Coast Aviation. That sale never was consummated by Treasure Coast and SAS has continued to seek interested buyers for the leasehold. For your information on Friday, May 28, 2010, R -10 -02 expired. Recently, another potential buyer of SAS has emerged Cooper Trading Corporation (Cooper). An outline of the acquisition plans, biography of Mr. Thomas Cooper, refurbishment plans and an abbreviated business plan is attached to this transmittal as Exhibit "A Essentially, the Cooper proposal will (1) refurbish the SAS facility; (2) install new landscaping /signage; and, (3) add other attractions to entice aviation related business. The three aviation businesses markets the Cooper seeks to explore are (1) maintenance; (2) air charter with service to /from the Bahama Islands; and, (3) flight training. A key component of the Cooper Plan is the request to lease -back the SMA owned AVGAS fuel system. This system has been in operation by SMA for approximately 3.5 years. The Cooper Proposal would give the SMA a competitive fuel flow rate charge of $0.20 per gallon for all fuel sales at the SAS lease hold and at the SMA owned AVAGAS system. A conservative estimate of total fuel sales estimates that this arrangement would increase SMA fuel revenues by $5,450 annually. Below is a financial analysis of AVGAS sales conducted by SMA and how the Cooper Proposal would increase SMA revenue: $8,500 93,000 51,500 91,200 ESSO $3 WO 580,000 $90 850 $100,000 $4.150 SMA Overhead SMA Amusl Sales Cooper Arnow Sales $O 00 $G20 $0.20 0 24,0DD 24.000 S0 $4,800 S4 BW SMA AVGAS OPERATIONS ITEMS Insurance Sank Charges Fners nspedion Cad Reader Personnel Fuel Costs TOTAL COSTS Fuel Sales (2400 Gots) TOTAL SMA REVENUE AIIIIUAL UNITS ITEMS SMA LEASE TO COOPER UINT COST ESTIMATED SALES PER CALLOW (CALLOUS) AIIIIUAL REVENUES Should Counc l approve a lease -back of the AVGAS system, FDOT approval must be sought and granted because the system was built with an FDOT grant. While SMA staff believes the $0.20 per gallon fuel flow fee is more lucrative (and the highest in the State of Florida) than our current arrangement, Exhibit "C" requests FDOT comment from the aviation coordinator regarding the fuel system lease -back. If Council approves the SAS lease transfer to Cooper, a separate action will be required for the AVGAS lease -back at another Council meeting. Two actions are requested of Council. ACTION First, approve resolution R -10 -17 allowing SAS to transfer leasehold to Cooper Trading Corporation. In similar fashion to the Treasure Coast Aviation Lease Transfer Resolution, this action only provides authority for SAS to transfer the existing leasehold to Cooper in the next 120 days. This action does not grant authority for lease -back of the fuel system. Approval of the AVGAS concept is not required to permit SAS to transfer the leasehold to Cooper. Second, consider the Cooper Trading Corporation AVGAS lease -back concept. Should Council approve this concept, FDOT approval will be required. Upon receiving formal FDOT approval, a resolution and AVGAS lease will be brought before Council for formal execution. RESOLUTION NO. R -10 -17 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 COOPER TRADING CORPORATION; PROVIDING FOR CONFLICTS, 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 Cooper Trading Corporation have signed a "Letter of Intent" for the sale of assets from Sebastian Aero Services to Cooper Trading Corporation. NOW THEREFORE, be it resolved by the City Council of the City of Sebastian, as follows: SECTION 1. AUTHORIZATION. The City Manager is hereby authorized to monitor the sale and asset transfer of the leasehold from Sebastian Aero Services to Cooper Trading Corporation. SECTION 2. TIME. The City Manager is authorized to grant one hundred and twenty (120) days for consummation of the lease assignment from Sebastian Aero Services and Cooper Trading Corporation. SECTION 3. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are herby 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 to 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 9 day of June 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 7 1) Acquisition of SEBASTIAN AERO SERVICES, INC. by COOPER TRADING CORP., INC. Prepared For: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea B. Coy Council Member Eugene Wolff Council Member Don Wright City Manager Al Minner Airport Director Joe Griffin II. Acquisition Schedule 111. Phase I Refurbishment VI. In Conclusion INDEX I. Biography Thomas L. Cooper, President Cooper Trading Corp., Inc. IV. Phase II Business Plan V. Cooper Trading Corporation's Request to City Council THOMAS I. COOPER PRESIDENT, COOPER TRADING CORP., INC. Mr. Cooper was born in High Point, N.C. in 1936.11e attended the University of North Carolina from 1954 -1957 and graduated from Embry Riddle Aeronautical University in 1973 where he earned his Bachelor of Science degree in Management. He was employed by Eastern Airlines as a pilot in 1962 and was promoted to captain in 1973. Mr. Cooper has an Airline Transport Pilot rating, Flight Engineer License and a Flight Instructor's License. He remained with Eastern until its final demise in 1991. He has accumulated in excess of 25,000 flying hours worldwide in various transport-type aircraft. Since 1968, Mr. Cooper paralleled his career at Eastern Airlines with a significant involvement in the regional airline industry, both as an investor and manager. He has been involved with several successful airline ventures principally throughout Florida and the Bahamas. In 1976, Mr. Cooper established Air Florida Commuter, a code sharing partner with Air Florida focusing on providing connecting passengers between its Miami hub and various locations in the Caribbean. The airline was subsequently sold to a group of private investors in 1981. After his involvement with Air Florida Commuter, Mr. Cooper founded Caribbean Express in 1982, which provided scheduled flights from Miami with a fleet of 8- passenger Cessna 402 aircraft and 19- passenger EMB -110 turboprops. After establishing a code sharing relationship with United Airlines and Presidential Airways, the airline was sold in 1985. In 1989, Mr. Cooper founded Gulfstream International Airlines, seeking to provide scheduled passenger service to various Florida and Bahamian markets that were being under served as a result of the restructuring and downsizing of Eastern Airlines. Upon its sale in 2006, Gulfstream operated a fleet of 38 jet -prop aircraft with annual revenues in excess of $100 million, employed 900 people and flew more scheduled flights into the Bahamas than any other airline. In addition to being CEO of Gulfstream International Airlines, Mr. Cooper was also CEO of Gulfstream Training Academy, one of the nation's leading professional pilot training companies. He has been active for many years in the development of charter air service between the United States and Cuba, holding licenses issued to Gulfstream Air Charter, Inc. from the United States Treasury Department, Office of Foreign Assets Control (OFAC), to conduct charter passenger and freight service between Miami and Cuba. Mr. Cooper ILL currently is the Owner and President of Gulfstream Air Charter. Gulfstream Air Charter currently operates one daily flight between Miami and Havana utilizing B- 737 -400 type aircraft. Mr. Cooper served on the Board of Directors of the Regional Airline Association from 1995 through 1998. In 1999 the Greater Miami Aviation Association awarded him the "Edward V. Rickenbacker Award" "for leadership in the aviation industry which has contributed to the economic growth of South Florida." Mr. Cooper was nationally recognized by Aviation International News in June 1996 by being named one of the "1995 Top Ten Newsmakers" in the U.S. Mr. Cooper is married to Jerrie Ann Cooper and they reside in Wellington, Florida at the airpark. He owns and flies regularly a twin Beechcraft Travel Air and a 1943 Army trainer, a PT26. ACQUISITION SCHEDULE On May 18, 2010, Mr. Cooper, President of Cooper Trading Corp., placed a deposit and signed a "Letter of Intent" to purchase 100% of the stock of Sebastian Aero Services, Inc. The Letter of Intent will expire on midnight, June 30, 2010 if Mr. Cooper declines to consummate the transaction. Mr. Cooper is currently involved in the normal "due diligence" process and is acting in his best efforts to finali this process in a timely manner. PHASE 1 Refurbishment It is the intent of Mr. Cooper to refurbish the physical plant which we believe will enhance the business and lay a foundation for future expansion as an FBO at that property. The initial refurbishment plan calls for: 1. Repair and restore hangar, including major structural repairs, paint and stripe floor; 2. Repair and restore main office building to include paint, carpet, modem furniture; a. Install unicom and monitor b. Snack Shop new c. Snack and beverage dispenser d. FBO Lounge 3. Landscaping; 4. New patio furniture; 5. New signage (approved by City); 6. Golf cart for customer convenience; 7. Courtesy car for customers. NOTE: Any work contracted must first be approved by local airport authorities. I. Management PHASE II The success of any business is directly proportionate to the quality of the people it employs. Cooper Trading Corp. recognizes that and, accordingly, has arranged for the initial nucleus of managers to include Mr. Robert Taylor as Vice President, General Manager, overseeing the total operation with specific oversight of the maintenance department and Capt. Robert Kracker, Manager of Flying Operations to include the air charter and flight schedule. Mr. Taylor is a veteran with two tours of duty in Vietnam. He is licensed as an ATP pilot and flight instructor with multi- engine and instrument ratings. He is a licensed Ground School Instructor and a licensed A &P mechanic with Inspection Authorization (IA). He has over 14,000 hours of flying time. Mr. Taylor was employed by Gulfstream Training Academy from 1999 to 2002 as Director of Maintenance where he managed 18 aircraft. In 2002, he transferred to a sister company, Gulfstream Air Charter as captain, where he enjoyed five years of accident -free flying throughout the southeastern U.S., Bahamas, Caribbean and Cuba. Most recently, he has managed the Flight Simulator Division of Gulfstream International Airlines where he alternates his time instructing and maintaining the simulators. Mr. Taylor is poised to relocate and commence work with Sebastian Aero Services immediately. Capt. Kracker is a highly qualified aviator with an extensive background in both the flight training and air charter business. He is a licensed pilot with over 3,000 hours of commercial flying time. He is also a Gold Seal flight instructor with ratings as CFI /CFR/MEI/IGI. Capt. Kracker has a B.S. Degree from Florida International University and an A.A. Degree from the University of Maryland with a major in Language. He is a factory trained instructor by CIRRUS. He is currently employed as Regional Check Pilot with AIRSHARES ELITE of N.Y. He has vast experience as an air charter pilot flying in this geographical area and his flight training experience plus his language expertise (German and Spanish) will render him invaluable in attracting students to a locally -based flight school. Capt. Kracker lives locally with his wife and is available to commence work with Sebastian Aero Services immediately. II. MAINTENANCE DIVISION A. New management will reach out to current and recent customers contacting as many as we can locate and invite them to visit our newly- renovated facility. B. Exposing our newly- renovated facility to new potential customers by:. 1. Joining the Sebastian Chamber of Commerce 2. Re- subscribe to advertising in yellow pages 3. Update Internet website and establish reciprocals to and from other related website. 4. Develop and print new brochures 5. Acquire a mailout list for local aircraft owners. III. AIR CHARTER DIVISION 1. The Air Charter Division is currently operating under "Single Pilot" Federal Air Regulations. Capt. Kracker will be a full -time manager of that division who will immediately begin the process to upgrade the Air Charter Division to a "multi pilot" status allowing for expansion in the coming winter season. 2. Additionally, we will apply for a "Bahamian License" enabling the company to operate freely to and from the Bahama Islands. 3. Advertising Yellow Pages Both newspapers IV. FLIGHT TRAINING DIVISION We are in negotiations with an established flight school to locate a satellite division at our facility. The enticement is the ability to offer them fuel at a favorable price. The initial fleet would consist of two basic trainers, one instrument trainer and one multi engine trainer. We have arranged to have a "designated check airman" on site to expedite student check ride schedules. 2. The new Flight Training Division will visit local high schools, youth programs (Boy /Girl Scouts) and upper centers of learning to interest and excite our young people in the opportunities offered by a career in aviation. REQUEST TO CITY OF SEBASTIAN Realizing that the business of running a "Fixed Base Operation" (FBO) is marginally profitable at best, we respectfully request that the City assist us in the development of our Business Plan by passing the following Resolutions, that the City: 1. Agree to allow the contract (with renewable options) be transferred to Cooper Trading Corp.; 2. Allow Cooper Trading Corp. to be landlord of all tiedowns on west side of field not currently under facility contracts; 3. Raise billing limit of $20.00 per month per tiedown for outside tiedowns to a more reasonable cost; 4. Allow Cooper Trading Corp. to retain 100% of tiedown fees collected; 5. Lease to Cooper Tracing Corp. the fuel facility on the east side of the Sebastian Airport at a fixed rate per gallon. In order to allay the City Council's understandable apprehensions that, by controlling both fuel facilities the public price per gallon could be manipulated to favor Sebastian Aero Service, Cooper Trading Corp. proposes to pay the City $.20 per gallon from BOTH PUMPS regardless of individual pump production. Additionally, Cooper Trading Corp. will: a. Provide the City with evidence of adequate insurance. b. Provide local inspection of the fuel facility at the same level proposed now. c. Provide an annual inspection by an approved inspection facility. d. Maintain the customer automatic credit card accepting machine. AIRPORT LEASE THIS LEASE, made and entered into this 28 day ay 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 Sebastian Aero Services (hereinafter referred to as the "Tenant The Landlord and the Tenant are sometimes collectively referred to herein as the "parties This is a corrected copy. WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian 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: I. 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 refereed 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. 1 ERM 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 be 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 twentieth 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 effect on June 17, 2030. 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 the rent installments for the balance of the tens. 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. 1 0 1 (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 (20) 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 confum 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 Lo-nse 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 affnced 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 pmt thereof during the lease term 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 5500,000.00 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. 1 F lo 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 AM. 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 are 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. L; after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section Seven of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 18. LANDING FEES. Landing or any other type of use of runway fees being charged by Tenant are specifically prohibited by this Agreement, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 19. GOVERNMENT SEIZURE In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 20. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the 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 continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 21. DEFAULT BY TENANT As used in this Lease, the term, "event of default shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenants abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right title and interest of the other party in and to the property covered by this Lease and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof; (1) 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 (]20) 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, FI. 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 teased 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. 13 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 Tenants sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenants sole cost. In case of breach of this Lease by the Tenant, or the termination of the Lease, or any extension hereunder, that may be granted, the Tenant agrees to immediately surrender possession of said facilities, and all the buildings, edifices, etc. that are constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the Landlord. 26 HEIGHT /HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off front, 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 (1) 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 be otherwise subject to discrimination in the use of the Tenant's facilities; (u) 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 attomeys 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 I se 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 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 aclmowledges 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. Al lbS ..1 or 0 e Kathryn M.tbHalloran, CMC /AAE City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: r' Rich Stringer, City A CITY OF SEBASTIAN A p(unicippl Corporation B S Investments, Inc. Corporate Seal: d/b /a Sebastian Aero Services BY: Vl .OE R. A. Van Wyck, President Terrence R: Moore, City Manager EILD 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 committ e 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 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. 300 West Airport Drive, Sebastian, FL 32958 rW5 CERTIFICATE OF INSURANCE POLICY NO. NAF3036301 POLICY PERIOD FROM: August 23, 2006 TO August 23, 2007 INSURANCE COMPANY: XI, Specialty Insurance Company 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 $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 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 arty obligation nor any liability of any kind upon the company, its representatives or agents. '10 days for non payment Cert No.: 1 Sebastian Page 1 of 2 Joseph Griffin From: Notz, Nicole (Nicole.Notz @dot.state.fl us] Sent: Wednesday, June 02, 2010 9:25 AM To: Joseph Griffin Cc: Alfred Minner; Olkuch, Birgit Subject: RE: Sebastian Joe, I contacted central office. There has been some previous discussion about the state getting involved with regulating fuel prices. I am concerned about the state's investment not having been recouped yet. This may take a little while. I appreciate that you are always checking with us on these grey area issues! Some history that I didn't know about this fuel farm is that your predecessor asked for this project to combat the sole source fuel prices that the FBO was charging. If you are allowed to move forward, maybe you could insert the stipulation in the lease that the airport controls the price for the fuel or has veto power? Or a short trial period of 1 -2 year lease so that if not run right, the city can go back to selling the fuel. Just a thought. Nicole Notz FDOT Aviation (954) 777 -4497 From: Joseph Griffin mailtoJGriffin @CityOfSebastian.org] Sent: Wednesday, June 02, 2010 8:17 AM To: Notz, Nicole Cc: Alfred Minner Subject: Sebastian Nicole: A South Florida Corp. has made a proposal to buy the FBO leasehold on the west side of the field, Sebastian Aero Services (SAS). SAS is the only commercial FBO on the field. Part of their proposal is that they have proffered to the City/Airport to 'lease back' our automated 100LL /AVGAS fuel system. The airport's fuel system was an FDOT /City 80/20 project completed in October 2007. The discussions on this are preliminary with the city. I have not asked that this go b/4 council yet as I am compelled to vet this w /FDOT first to see if there is a potential for any agreement if our council decides in the affirmative to lease the system. There are multiple pros /cons. A, perhaps, overriding issue is that Sebastian may be unique in that the airport, a government entity, competes with a bona fide commercial leasehold on the airport. There may be other examples of this same situation in Florida but, not in our region of the state. In addition, the estimates of profits generated by the system during the project application have not come to fruition. The new aviation economy caused by the upward spike in fuel costs are mostly to blame, I believe, but the net result is a very small margin for r ft4er considerable operational costs are factored. As part of any lease -back agreement, a substantial 6/2/2010 d Sebastian Page 2 of 2 fuel -flow rate (somewhere in the $0.15 to $0.25 per gal range) would be negotiated with the buyer of the aforementioned FBO. That fuel -flow rate would be airport wide -in other words, that rate would apply to the airport's fuel system and the FBO's fuel system thereby capturing a per gallon rate for all fuel sales on the field payable to the airport. The FBO buyer would also be liable for maintenance and insurance of the airport's system keeping it at the same standard as it operates today. Any lease -back agreement would be sent to your office for approval. Thank you for your consideration regarding this matter. Joe Griffin Airport Director City of Sebastian 202 Airport Drive East Sebastian, FL 32958 772 -228 -7013 office 772 228 -7078 fax 772 633 -0151 cell www. sebastiana i rport. orq 6/2/2010 Subject: Stormwater Ap Utility Fee Credit Application Extension rov or Submittal by: A^---, Deadline Agenda No. /0 0 Department Origin: Administrative City Attorney: City Manager S vpj City Clerk: Date Submitted: 3 JUN 10 A e City Manager Exhibits: Application Form and Application Checklist EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED• $0 APPROPRIATION REQUIRED: $0 �m SEB liAN HOME Of PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY At the last City Council Meeting, Council Member Don Wright informed Council of his idea to extend the Stormwater Utility Fee Credit Application deadline. The purpose of this item being placed on the agenda is to further information local business of the credit opportunity. Staff has posted the deadline extension to Friday, July 16, 2010. Advertisement has been placed in the newspaper. As well, notice is posted on the City Web -site and local cable access channel. Further, my office has been in touch with the Sebastian River Area Chamber of Commerce to ensure that the deadline extension is advertised around the business community. For additional information on this item, contacts can be made in the Office of the City Manager of by contacting Ginny Sieferd in the Public Works Office. %D 1. Applicant's Name and Mailine Address: 2. Parcel Identification Number of Subject Property: SEBASTIAN STORMWATER UTILITY APPLICATION FOR STORMWATER CREDIT 3. Tyne of develo>i men[ 4. Summarize Basis for Requested Credit: All applications must include any applications and supporting documentation for a storrnwater managemen permit, as well as the pemilt, from St. John'sRiver Water Management District, a site plan, a boundary Survey and, if available, topographical and soil surveys. Additional documentation and data may be needed to adequately review the request. Applicant Signature: Application Received By: Action Taken: Credit Denied Credit Approved for Date: Date: TO with the following special conditions: (See reverse side) Sebastian Stormwater Utility by: Date: By acceptance of the credit granted herein, the undersigned agrees to be bound by the special conditions listed above and the general policies of the Sebastian Storinwater Utility. Landowner Date SEBASTIAN STORMWATER UTILITY FEE CREDITS POLICY I. POLICY Developed property from which stormwater runoff is discharged, either directly or indirectly, to the stormwater system or to water bodies within /surrounding the City may be eligible for a reduction in the fee for the Sebastian Stormwater Utility, hereinafter called a "fee credit if that property employs on -site optimally designed, constructed, and maintained stormwater management facilities. Additionally, property with unique and atypical physical features which substantially mitigate the impact upon the stormwater discharge into the system may likewise be eligible for a fee credit. The fee credit will be based upon the savings to the utility resulting from the property's stormwater facilities or unique features. Even properties that do not discharge stormwater directly into the Utility system will pay a proportionate share of the Utility expenses incurred in providing generalized benefits to the system, such as management of stormwater upon the public rights -of -way and administrative costs. Additionally, capita] improvement projects that improve water quality in the waterbodies of the drainage basin are included in such generalized benefits. The owner of the property for which the fee credit is sought shall be responsible for requesting the fee credit and for supplying sufficient information as may be required by the City to evaluate the merits of the fee credit request. Engineering calculations, prepared and sealed by a professional engineer or land surveyor licensed to practice in the State of Florida, and other documentation that substantiate the fee credit request, must be submitted with the request. The engineering calculations and other documentation shall be in accordance with the requirements established herein and contained in the Stormwater Management Utility Fee Credit Application. The application will be reviewed by the Stormwater Utility Manager or his designee, who shall have the authority to approve or disapprove the request and to establish conditions of issue for the fee credit. By accepting a fee credit, the property owner agrees to comply with the conditions of issuance and authorizes the City to enter upon the property, without additional notification, to verify compliance with the conditions of issue of the fee credit. Failure to comply with any of the conditions of issuance of the fee credit will result in the rescission of the fee credit, until the violation(s) are corrected to the City's satisfaction. II. FEE CREDITS Credits shall be granted on an annual basis and requests therefore must be made each year. Properties having received a credit the previous year, however, may submit an abbreviated credit renewal request if conditions at the site have not substantially changed. A. Initial Application Properties that have constructed stormwater retention or detention facilities may be eligible for a percentage reduction, or credit, in that property's stormwater service fee. The amount of reduction will be determined by the City on a case -by -case basis. Credit requests must be applied for in writing by the property owner using Application for Stormwater Credit Form and submitted to the Stormwater Utility Manager. To receive the credit, first -time applicants must supply to the City the following: 1. Site plan and as -built construction drawings (as certified by a licensed surveyor, architect, or engineer) at an appropriate scale, showing the site, topographic details, overland flow paths, all stormwater facilities, and surrounding area; 2. Detailed hydrologic and hydraulic calculations using methodology approved by the City that accurately describes the runoff through the site; 3. Topographic map outlining the size of the drainage area upstream and downstream of the stormwater management structure; 4. Detailed floodplain information, if it exists on the site; 5. A detailed report that clearly describes how the basin functions for all of the design storm events from the 1- through the 100 -year events with percent of over detention for each event. 6. A proposed maintenance agreement between the City and the customer describing in detail the maintenance activities for the stormwater basin. Failure to operate the facility as designed shall be reason for forfeiture of the credit. The City shall inspect and notify the property owner /operator of the facility's deficiencies. B. Basis for Credits Customers are entitled to a credit when they can demonstrate that their existing or proposed stormwater facilities provide the Utility with a cost savings that the City otherwise would incur as part of its efforts to manage stormwater. The Utility incurs several costs associated with stormwater management including planning, engineering, capital construction, operation /maintenance, and administrative costs. The Utility incurs planning, engineering, and capital costs related to the construction of stormwater collection and treatment facilities. These facilities include, but are not limited to, the design and construction of swales, curbs, gutters, catch basins, stormwater sewers, regional detention basins, and retention basins. Stormwater construction projects address two aspects of stormwater management; water quantity (facilities that convey stormwater runoff) and water quality (facilities that reduce pollution). The Utility also incurs costs related to the operation and maintenance of stormwater facilities located throughout the City. These costs include, but are not limited to catch basin cleaning; detention/retention basin sediment removal; inspecting, cleaning, and repairing storm sewers; and mowing /maintaining drainage swales and basins. For each customer, the amount of credit will be proportional to the savings provided to the Utility by the customer's stormwater facility. Customers are entitled to a credit if they perform operation and maintenance, including capital costs for repair and replacement, of a facility that significantly reduce the Utility's responsibilities in processing stormwater, including drainage from off -site sources. Customers must provide an annual maintenance record documenting all maintenance procedures conducted including inspections, mowing, and trash/sediment removal. Failure to operate or maintain the facility shall be reason for forfeiture of the credit. No credits shall be granted for the City's costs associated with administering the Utility's stormwater management program. Since all residents receive the benefits (protection of property and improved public health and safety) associated with the development and operation of the Utility, all property owners within the City will bear these costs. Table 1 presents the Utility's total projected stormwater management costs as well as local and system -wide percent spending for Fiscal Year 2002. Table 1 STORMWATER MANAGEMENT PROJECTED ANNUAL EXPENSE FY2002/2003 to 2007/2008 Credits for each property will be evaluated by the Stormwater Utility Manager or designee on an individual basis. Absent special circumstances, systems maintained in subdivisions on a project -wide basis shall be evaluated and the credits granted to the lots therein on a prorated basis. Credit requests must be applied for in writing by the property owner using the Application for Stormwater Credit Form. Guidelines for maximum allowable credits are contained in Table 2. Credit determinations, however, shall be on an individualized basis and not all applicants will receive the maximum credits listed therein. Total Program Cost Percent Total Cost Percent System -Wide Percent Local Administration 95,000 3 3 0 Engineering/Planning 50,000 2 2 0 Operation Maintenance 855,000 28 10 18 Capital Improvement $2,025,000 67 43 24 TOTAL $3,025,000 100 58 42 No credits shall be granted for the City's costs associated with administering the Utility's stormwater management program. Since all residents receive the benefits (protection of property and improved public health and safety) associated with the development and operation of the Utility, all property owners within the City will bear these costs. Table 1 presents the Utility's total projected stormwater management costs as well as local and system -wide percent spending for Fiscal Year 2002. Table 1 STORMWATER MANAGEMENT PROJECTED ANNUAL EXPENSE FY2002/2003 to 2007/2008 Credits for each property will be evaluated by the Stormwater Utility Manager or designee on an individual basis. Absent special circumstances, systems maintained in subdivisions on a project -wide basis shall be evaluated and the credits granted to the lots therein on a prorated basis. Credit requests must be applied for in writing by the property owner using the Application for Stormwater Credit Form. Guidelines for maximum allowable credits are contained in Table 2. Credit determinations, however, shall be on an individualized basis and not all applicants will receive the maximum credits listed therein. Table 2 STORMWATER FEE MAXIMUM CREDIT GUIDELINE City of Sebastian 1. Discharge Outside City System a. No Upstream Drainage 42% b. Upstream 0.25 to 0.5 square mile 52% c. Upstream 0.5 square mile 65% II. Out -fall to City System a. No Upstream Service 25% b. Upstream 0.25 to 0.5 square 31% Mile c. Upstream Service 0.5 square 42% Mile For example, a residential development that provides and maintains a complete curb and gutter system, treats its water, and then has fall -out to a major City canal may be entitled to the full 25% credit, while a commercial property that merely treats its water on -site and then has out -fall to a local collector ditch will get a lesser credit. The residential property is handling all the Local collection functions for the Utility while the commercial property in the example essentially only provides basic water-quality treatment. III. PROCEDURES Applications for storm water utility fee credits can be obtained and should be submitted to the Growth Management Office, City Hall, 1225 Main Street, Sebastian, Florida. A renewal request form shall be available for subsequent years. After the application form and related materials have been submitted, the application will be reviewed and processed by a City agent for conformance to the regulations listed below. A City agent will review the application within 30 working days, unless extensive modification to the application or extenuating circumstances require additional time. If the application is approved, the conditions of approval will be noted upon the application. If the application is rejected, or modified, reasons for rejection or modification will be noted on the application. C i Credit request applications and renewal requests for Fiscal Year 2002/2003 and subsequent years must be filed by June 1" of each year in order to avoid having the full stormwater fee appearing on the customer's property tax bill. N. Legal Effect and Appeal Appeals of a determination as to fee credits must be taken pursuant to the provisions of City Code Section 102- 107(a). This fee credit policy, maximum credit guidelines, and the procedural requirements herein may be revised by the City at its discretion at any time. ADOPTED AND ENELCTNE this 1 "day of October, 2001. Terrence R. Moore City Manager GEBAgTIANF HOME OF PELICAN ISLAND MEMORANDUM To: Mayor Gilimor and Members of City Council From: Sally Maio, MM City Clerk Subject: City Council FLC Conference Costs Travel and Training Budget Balances Date: 6/7/2010 CC: Al Minner, City Manager; Robert Ginsburg, City Attorney; Debra Krueger, Administrative Services Director, Ken Killgore, Finance Director, Jeanette Williams There is an error in the travel calculations for FLC Annual Conference travel on your agenda transmittal. The current balance for Legislative Travel is $9,354. Of that amount, $6,000 is dedicated to the Council Expense Account, $1500 per month for the remainder of the four months left in fiscal year 2010. That leaves a balance of $3,354 available for actual travel costs which include hotel, fuel, and food. The current balance for Legislative Training is $2,225. Based on conference attendance beginning Thursday morning and ending Sunday morning: Approximate costs per person: Hotel: 3 nights hotel $149 per night $447 Food: All meals Thursday and Friday: 68 Breakfast and Lunch Saturday: 16 Breakfast Sunday: 6 Fuel: Round trip 298 miles $.50 per 149 Total Travel (Travel Line Item): $696 Total Registration (Training Line Item): $325 Assuming attendance by all five members: total travel costs would be $3,480 which exceeds your 2010 budgeted Travel balance for the fiscal year by only $126. If attendance is only four people as it was last year, your total travel cost would be $2,784, which would be $570 under your current budgeted amount. If all five choose to go we can transfer training funds to travel to cover the $126. total training cost for registration would be $1,625, which would be $600 under your current budgeted amount. Special Conditions: SEBASTIAN STORMWATER UTILITY APPLICATION FOR STORMWATER CREDIT TO BE COMPLETED BY PROFESSIONAL ENGINEER 1. Does the stormwater system for this property have out -fall to the City of Sebastian Stormwater System? If so, where? 2. Is all drainage from the subject property treated by an on -site stormwater system? 3. Does the stormwater system treat drainage from off -site basins? If so, what is the area of the off -site basin being treated? Name License Number Signature Date SEBASTIAN STORMWATER UTILITY STORMWATER FEE CREDIT ANNUAL RENEWAL APPLICATION I. Applicant's Name and Mailing Address: 2. Parcel Identification Number of Subiect Property: 3. Type of development: 4. Certification:As owner or authorized agent, .I hereby certify the stormwater facilities of said property have not been altered in any way from the original facility as permitted by St. John's River Water Management District. Signature:. Date: S. Certification: owner or authorized agent, I hereby certify the annnai maintenance records documenting all maintenance to the stormwater facilites for subject property are true and correct Signature Date: All renewal applications must include supporting annual maintenance records documenting all maintenance procedures conducted including inspecitions, mowing, and trash/sedimentremoval. Failure to operate or maint the facility shall be reason for forfeiture of the credit Applicant Signature: Date: Application Received By: Date: Action Taken: Renewal Credit Denied Renewal Credit Approved for with the following.special conditions: (See reverse side} Sebastian Stornwater Utility by, Date: By acceptance of the credit granted herein, the undersigned agrees to be bound by the special condition listed above and the general policies of the Sebastian Stormvvater Utility. Slai nwater/credit app2 Landowner Date 4-May-O