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HomeMy WebLinkAbout07282010Brief Announcements HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 28, 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 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 10.108 A. Go -Line Karen Diegl, Inter County Transportation Coordinator (No Backup) 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 5-17 A. Approval of Minutes 7/14/10 Regular Meeting 10.109 B. Resolution No. R- 10 -21- Partial Vacation of Easement 102 Darden Court (GMD 19-34 Transmittal, R- 10 -21, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 10, BLOCK 565, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 10.110 C. Authorize Piggy -Back and Two -Year Extension of Banking Services Contract 35-48 with Wachovia Bank with No Increase in Fees (Administrative Services Transmittal, Wells Fargo Letter, 2005 Agreement, Current Fees Sheet, Account Analysis Statement, Exhibit A Fees for IRC, Article Re: Wells Fargo) 10.088 D. Removal of Parks and Recreation Committee Member for Absences in Accordance 49-51 with Code (City Clerk Transmittal, E -mail) 10.017 A. Natural Resources Committee (City Clerk Transmittal, Applications, Ad, List) 53-62 i. Fill Two Expired Regular Member Positions Both Terms to Expire July 2013 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. B. Citizens Budget Review Advisory Board 10.039 i. Report DR -420 Recommendation (No Backup) 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS 11. PUBLIC INPUT 12 NEW BUSINESS 10.039 A. DR-420 Certification to Set Proposed Millage Rate (Administrative Services 63-74 Transmittal, Forms DR -420, DR-420 MM -P, DR-420 TIF, Budcom Report) 10.111 B. First Reading of Ordinance No. 0 -10 -04 Police Pension Chapter 185 Plan 75-101 Changes in State and Federal Regulations Set Public Hearing for 8/25/10 (Administrative Services Transmittal, 0- 10 -04, Two Letters, 0- 10 -14) 165 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE AND CONFLICTS. 10.112 C. Lease Agreement and Business Plan City and Fishermen's Landing Sebastian, 103 -113 Inc. (City Manager Transmittal, Proposed Lease) (Business Plan Previously Provided Via City Manager's E -Mail) 10.113 D. Sebastian River Area Chamber of Commerce Lease Amendment No. 1 (City 115 -137 Manager Transmittal, Proposed Lease Amendment, 2005 Lease, 1997 Lease) 10.013 E. Lease Amendment No. 2 of 3 to LoPresti Aviation Lease Agreement (City 139 -163 Manager Transmittal, Second Amendment, Lease, Correspondence) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 10.114 A. Archie Smith Fish House (City Manager Transmittal) 15. CITY CLERK MATTERS 2 16 CITY COUNCIL MATTERS A. Council Member Coy 10.115 i. Train Station (No Backup) B. Council Member Wolff C. Council Member Wright D. Mayor Gillmor E. Vice Mayor Hill 17 ADJOURN (All meetings shall adjoum 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: 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 Citv Council Meetings Public Input is ALLOWED under the headings: Consent Agenda +t Public Hearings 4 Unfinished Business New Business 4 Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); 4 City Council Matters Charter Officer Matters +r 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. 4 City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright None. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 14, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Rev. Paul Steinke. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Airport Director, Joe Griffin Parks Supervisor, Chris McCarthy Police Chief, Michelle Morris Deputy Chief, Greg Witt MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 10.096 A. Proclamation July 2010 Marine Debris Removal Month Captain Donald Voss 5 and Diana Voss Mayor Gillmor read and presented the proclamation to Captain Donald Voss. Regular City Council Meeting July 14, 2010 Page Two 10.105 B. Proclamation July 2010 Parks and Recreation Month Chris McCarthy, Parks 7 Superintendent Mayor Gillmor read and presented the proclamation to Mr. McCarthy. Brief Announcements None 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 9 -12 A. Approval of Minutes June 23, 2010 Workshop 13 -19 B. Approval of Minutes June 23, 2010 Regular Meeting 10.106 C. Resolution No. R -10 -19 Calling November 2, 2010 General Election (City Clerk 21 -24 Transmittal, R- 10 -19) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CALLING A GENERAL ELECTION IN THE CITY OF SEBASTIAN FOR NOVEMBER 2, 2010; STATING WHERE THE ELECTION SHALL BE HELD, NAMING THE OFFICES TO BE FILLED AND QUESTIONS TO BE DECIDED; CAUSING THE NOTICE OF ELECTION TO BE PUBLISHED IN ACCORDANCE WITH FLORIDA LAW; DELEGATING ADMINISTRATION OF THE GENERAL ELECTION IN MATTERS RELATING TO VOTERS, VOTING METHODS, AND CANVASSING TO THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mr. Hill and SECOND by Ms. Coy to approve consent agenda items A -C. The City Attorney noted a typo in the title of Resolution No. R -10 -19 on the agenda where 2009 should be 2010. Mr. Hill added, "As amended," to his motion. Roll call on the motion as follows: Ayes: All Nays: None Carried 5 -0 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mayor Gillmor reported on the Treasure Coast Regional League of Cities meeting and luncheon on July 21, 2010 at the Vero Hotel starting at 10:30 am, noting all members of Council are invited. He asked members to let the City Clerk know if they are planning to attend to make a reservation. 2 Regular City Council Meeting July 14, 2010 Page Three Ms. Coy questioned the anticipated meeting of the Mayors and County Commission inquiring whether all members of Council will receive an agenda so they can include comments. The Clerk noted all members of Council had received a copy of the draft letter from Mayor Sawnick to the Commission. 10.001 A. Planning and Zoning Commission 25-36 i. Interview Unless Waived and Submit Nomination for One Vacant Alternate Member Position (City Clerk Transmittal, Application, Ad, List) Mr. Reyes was requested to come to the podium, however, there were no questions for him. Mayor Gillmor recommended the option to appoint him for the remainder of the term plus three years to 2013. Vice Mayor Hill nominated Mr. Reyes for the extended term. Mr. Reyes was appointed with a voice vote of 5 -0. 9. PUBLIC HEARINGS 10.048 A. Conduct Public Hearing for Transmittal of 2010 Draft Evaluation and Appraisal 37 -38 Report (EAR) to Department of Community Affairs (DCA) (Growth Management Transmittal) (Draft Report Under Separate Cover) Mayor Gillmor opened the public hearing. The City Attomey read the agenda item and the City Manager introduced Brandon Schaad, Outlier Planning, who gave a PowerPoint presentation (see attached). Ms. Coy inquired as to his reference to greenways, and Mr. Schaad responded it refers to recreational trails and sometimes even transportation. Mr. Wright said the Metropolitan Planning Organization (MPO) developed the North County Greenways Plan, which is a primarily a recreational and transportation plan. Ms. Coy said she was concerned about the amount of focus on using park funds for transportation. The Growth Management Director explained using the recreational impact fees is a way to achieve the greenways plan so people can use the paths on foot or bicycle. Ms. Coy pointed out the average age for Sebastian is 47 years old and not a lot of people will be walking or bicycling to their destination. Mr. Wolff agreed, stating the plan ignores that we are living in the tropics, and did not know how practical that would be but they can't ignore putting in bicycling routes. Mr. Schaad explained the reasoning for this recommendation is recreational impact fee moneys cannot be used for operations; and when considering how many more parks the City wants that will require maintenance with declining revenues; the impact fee could be used for more passive recreation such as the greenways. Ms. Coy replied the City's parks could use more facilities such as pavilions, playground equipment, and handicapped accessibility. She said she did not want to take neighborhood parks away and asked what neighborhoods did not want a park as stated in the report. Regular City Council Meeting July 14, 2010 Page Four Mr. Wright said on Stonecrop Street people did not want a park because of problems in the past. Mr. Wolff added that Nebraska Circle did not want basketball courts. Mr. Hill said the wording, "to consider the future use of impact fees," is open and benign. Mayor Gillmor added this is a future document, and if gas prices increase, people may need altemative transportation. Mr. Hill added if the recreational impact fee is not needed, it could also be eliminated. Mr. Hill said the Interlocal Service Boundary Agreement (ISBA) has not been finalized and asked why it would be included in the report. Mr. Schaad said he tried to describe the City's effort and it could be included at Council's discretion. Mr. Wolff said on page 21 the report states the middle and high school to be over capacity by 2013, and he did not think this was up -to -date because of declining enrollment and should be confirmed with the School District. Mr. Wright noted a detailed economic development element will be prepared and asked when that would be ready. Mr. Schaad said there is a draft in staffs hands now. The Growth Management Director added it is go to Planning and Zoning in August. Mr. Wright cited the financing tools listed on page 43 which have not been discussed by Council. He said these items are relatively new to him and he wasn't sure how they would be implemented in the future. He then cited the second bullet on page 45, "encourage the further development of housing opportunities in riverfront area" and he said this might be a typo as the further of commercial and business should be the focus and asked if Council agreed. Ms. Coy agreed and suggested maybe multi -use as a business might have an apartment on top. Mr. Schaad said he would make that adjustment. Mr. Wolff said the report indicates in 15 years the City will have 35,000 people and his personal feeling is the character of Sebastian will change significantly and wasn't sure people over the age of 49 would be attracted to multi family housing. Mr. Hill said since 1990 the character has changed a lot with a natural progression. Mr. Wolff added that he didn't believe there would be enough employment for 35,000 people in 15 years. Mr. Wolff noted the industry sectors, where the jobs are half of 1% are employed in agriculture to include fishing which is 115 people and he said he was surprised the City is looking to spend tens of thousands of dollars promoting a fishing venture for that few people. Mr. Wright cited page 51, "Sebastian considers the function of the Riverfront area a multi -modal commercial core a higher priority than the efficient movement of vehicles along US1, and that the City's downtown," and he said he didn't think Council had made a decision on priorities and it might not make sense to put that in the comprehensive plan. He said he liked the second comment from the bottom on increasing street parking in the riverfront area. Mr. Wolff added that promoting a downtown trolley with the Go -Line is hard to fathom since the City just donated $50,000 to the Go -Line. 4 Regular City Council Meeting July 14, 2010 Page Five Public Input Dale Simchick, 766 South Easy Street, said having served on the MPO, greenways could be considered transportation and recreation; and it is important to keep multi modal in the EAR as it will increase our ranking chances to obtain funds. Louise Kautenburg, Sebastian, said she studied the EAR and was concerned about using loose words as impact fees are paid for specific a purpose and converting those funds to a nonspecific purpose is dishonest; she asked if new neighborhoods would give up their smaller parks for a larger community park; and she noted all of America is aging with less mobility so neighborhood parks will become the most valuable asset. There was no other input. Ms. Coy said she was not in favor of the recommendation to consider instituting a mobility fee for multi -modal transportation in the comprehensive plan. Mr. Schaad explained transportation improvements in the County and City are partially funded by transportation impact fees, and the courts are considering abolishing the fees, and the legislature is considering a mobility fee that would fund more than automobile infrastructure. Mr. Wright asked if that was a change in nomenclature or the whole concept. Mr. Schaad said in his opinion it is mostly a change in nomenclature. Mr. Hill noted the City doesn't collect transportation fees, rather the County does. Mr. Wright said that could change and Ms. Coy suggested crossing that bridge when we come to it. Ms. Coy was in favor of retaining the ISBA option until it is a dead horse. Mr. Hill reiterated it is not a real document and there should be a statement that we will look at those type of agreements for future land use to work together with the County and other cities. Mr. Wolff said it is not in the summary of recommendations. Mr. Hill said it is indicated in the maps. Mayor Gillmor asked the City Manager if the EAR is supposed to be a snapshot of what Council envisions five years out. The Growth Management Director said the EAR is a snapshot of where we are today and want to be, as opposed to the comp plan adoption in 1999; and she noted the legislature will require the consideration implementing a mobility fee which will have to be dealt with, but not instituting a fee is also valid response to the legislature. The City Manager explained that Council should now decide if the report should be revised as discussed and sent to the Dept. of Community Affairs (DCA) or would Council like to see the revised document again. He summed up the revisions discussed by Council: do not use the recreational impact fees for greenways mark all ISBA references and maps DRAFT check school data Regular City Council Meeting July 14, 2010 Page Six The City Manager said the financing tools are not binding, just suggesting that the City look for green and global possibilities. Council agreed to leave the language as is on page 43. change the development of the riverfront from residential to commerciaUbusiness /mixed use -give equal prioritization to the transportation priorities on page 51 scratch the trolley system mentioned on page 37 Ms. Coy asked if Council was interested Manager said he remembered there was n pursuing a train stop in Sebastian. The City a consensus not to pursue a stop. The Growth Management Director said tf a stations had been decided, but if Council wanted to modify the comp plan to includ a policy statement, it might help with support for a future application. Ms. Coy asked that it be included on a future agenda. MOTION by Mr. Wright and SECOND by Mr. Hill to transmit the EAR to DCA with the proposed changes passed with a voice vote of 5 -0. Mayor Gillmor called for a recess at 7:48 p.m. and reconvened the meeting at 8:02 p.m., all members were present. 10. UNFINISHED BUSINESS 10.089 A. REVISED RESOLUTION NO. R -10 -15 Park Use Regulations and Fees (City 39 -60 Manager Transmittal, Revised R 0 -15, Code Chapter 74, 5/26/10 Minutes Excerpt) 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. The City Attorney read the title. MOTION by Ms. Coy and SECOND by Mr. Hill to approve Resolution No. R- 10 -15. Public Input Scott Harrington, Chello Avenue, said he has no beef with the Craft Club and Art Club but when the shows are happening on the weekends, the boat trailer parking is closed which causes the local businesses to lose money. Mayor Gillmor said the ramp is closed only during festivals, and Mr. Wright said it is never closed for craft shows, though, sorj'letimes for 5K runs. Mr. Harrington said when this occurs, boat trailers are blocked in by cars and there is no way to ask the car owner to move and in his opinion the local boaters bring in the most money by eating in restaurants, buying ice, and buying bait; and he would like to see something done. 6 Regular City Council Meeting July 14, 2010 Page Seven Ms. Coy suggested the off -shore fishermen use the south parking lot, which is the overflow and not a long walk. She also said we might want to consider overnight parking in that lot for boaters. Mr. Hill noted there was an error in regard to the requirement of police officers on circle page 42. The City Manager clarified that 75 -150 attendees would require one officer, 151 -300 would require two officers and above that would probably be a City sponsored event where the officers would be the City's contribution to the event. Ms. Coy cited circle page 44, paragraph b the requirement of Council approval for events charging an admission fee, noting there was an event at the Yacht Club this past weekend that charged a fee. The Parks Superintendent explained it was a City contractor who usually holds his dance classes at the Community Center but he wanted to try the Yacht Club for ambience. Roll call on the motion as follows: Ayes: All Nays: None Carried 5 -0 10.083 B. Approve 50% Reduction of All Applicable Fees for Craft Club of Sebastian Craft 61 -66 Shows at Riverview Park from 9:00 a.m. to 3:00 p.m. on 10/2/10, 11/13/10, 12/4- 5/10 and 1/8/11, 2/5/11, 3/5/11, 4/2/11 and 5/7/11 with Rain Dates of 10/3/10, 11/14/10, 1/9/11, 2/6/11, 3/6/11, 4/3/11 and 5/8/11 10.084 C. Approve 50% Reduction of All Applicable Fees for Sebastian River Art Club's 67 -71 Shows at Riverview Park from 10:00 a.m. to 4:00 p.m. on 11/20/10, 12/11/10, 1/15/11, 2/12/11, 3/12/11, 3/13/11 and 4/9/11 with Rain Dates from Noon to 4:30 p.m. on 11/21/10. 12/12/10. 1/16/11, 2/13/11 and 4/10/11 MOTION by Ms. Coy and SECOND by Mr. Hill to approve items B and C. Ms. Kautenburg said the Clubs are receiving a 50% fee reduction and asked what the criteria was for the reduction. Mr. Wolff asked if a similar organization wrote a letter would they be considered. Mr. McCarthy said both groups have been using the park for at least 28 years, and contribute to the City and have been receiving the reduced fee for approximately six years; and any fee reduction must be approved by Council. Roll call on the motion as follows: Ayes: All Nays: None Carried 5 -0 Regular City Council Meeting July 14, 2010 Page Eight The City Manager said both of these groups had applied before the increase in fees, and asked Council if they wanted to charge the old or new fee. He recommended the prior fee. The Parks Supervisor said he is charging the old fee to all applicants that submitted applications prior to the increase. Ms. Coy said the applications were pulled from the agenda at her request two meetings ago and at that time Mayor Gillmor did request increasing the fees for park use. Mayor Gillmor said he was in favor of the fees going up and at this point, he left the room to recuse himself because he is a member Of the Art Club. (Form 8b attached) It was the consensus of the remaining four Council Members to charge both Clubs the old fee. Mayor Gillmor rejoined the meeting. 11. PUBLIC INPUT Rosemary Bostinto, Sebastian, said in her personal opinion, Keep Indian River Beautiful is misleading the public as they are asking for donations at their new thrift store located in Indian River Mall but they are selling the donations at a fixed price. She wanted the public to be aware of this. Mr. Wolff asked if they are charging sales tax and she did not know. Dale Simchick said she is in favor of the City applying to the Florida Dept. of Environmental Protection for a mooring field for city residents, but she would not be in favor of leasing the mooring field out to a private company. 12. NEW BUSINESS 10.107 A. Discussion of Flagship Marina Parking (City Manager Transmittal, Draft 73 -82 Agreement, GMD Parking Report) The City Manager said he sought guidance from Council on granting the proposed parking agreement to increase the capacity of the restaurant/marina from its existing use. He pointed out there is no price as far as what the City considers reasonable for the use of public spaces; Mr. Wilson is concerned that the agreement language is not iron -clad enough as far as termination on the City's perspective; and noted he did provide pros and cons for such a lease. Public Input Rich Stringer, Attorney, representing Joe Graham, Angler Inn, said Mr. Graham has approached the City on the same concept and been told to stop trying to use the City parking lot to maximize your property. He said there are concerns that this will be provided on an equal basis and noted Mr. Graham is ready to apply. Mr. Stringer asked Council to recognize there is a problem and allow parking credits from nearby locations or change the zoning regulations so that there is an even handed application of the rules. He cautioned the Cavcorp land must have equal availability for everyone under the grant; and on the riverfront parking on the east side, the land must be used for park use in accordance with the deed. 8 Regular City Council Meeting July 14, 2010 Page Nine Mr. Stringer said his client's discussion of renting the spaces to the potential purchaser ceased when the City proposed some of the Cavcorp parcel. He urged Council to change the zoning requirements for everyone through the formal process. George Wilson, Pilot House Marina, potential purchaser, said he received a call from Mr. Graham who said he had property but it was not cheap but he was in negotiations with the City at that the time. He said there are 47 boat slips, 29 pedestals, a three bedroom apartment above the restaurant, and the restaurant with 105 seats and without some resolution with the parking and the ability to have 150 seats in the restaurant, it is not economically viable and this will be revolving problem for the City. Mayor Gillmor asked if he had broken off negotiations with Mr. Graham. Mr. Wilson said that Mr. Graham had 27 spaces and there is the possibility of doing an agreement that but it doesn't address that 75% of the parking be on site. Ms. Coy asked Mr. Wilson if he would be willing to improve the Cavcorp lot for the parking. Mr. Wilson explained that when it comes to cash money it is a marginal deal as it is and there is no money for capital expenditures, and he was willing to go $500 to $1,000 per month for non exclusive parking. Tom Collins, Captain Hiram's said the agreement is not in the best Tong -term interest of the community and not fair for those who have complied with current and existing parking requirements. He asked Council to consider that Captain Hiram's has 300+ spaces on private property, and recently tore down condos to create more parking, in his estimation each additional seat increases the property value $5,000 -7,000 per seat; and he requested that Captain Hiram's receive a match as they are interested in buying some property in the area. He said the 150 seats being requested automatically qualified them for a liquor license. Chuck Mechling, Sebastian River Area Chamber of Commerce read the Chamber's position into the record. (see attached) He said the sole purpose of a business is to make a profit and a by- product is the sales tax and job creation; and if a business closes its doors everyone loses. He asked Council to embrace someone who is trying to be a part of us. Ed Herlihy, Sebastian, cited Council's recent economic development accomplishments and said the agreement is of no cost to the City, there will be 40 to 50 new jobs, it will be an investment for the run -down property, and it will allow more automobile parking for the public, and will bring in revenue. He said lets not lose this wonderful opportunity, immediately begin making changes to the Land Development Regulations (LDRs) but go forward with the agreement. Cory Taylor said anything that promotes economic growth is good and urged Council to move forward. Lisanne Robinson, CRA Business Owner, said she agrees that Council needs to work on shared parking in the LDRs which will affect a lot of properties in the district. Regular City Council Meeting July 14, 2010 Page Ten She said this morning there were five boat trailers taking up 25 spaces on the east side and she suggested taking the first row of Cavcorp and put in a row of parking for automobile parking. She said the variance hearing will be the City's protection and the LDR revisions will all work in sync. Louise Kautenburg, Sebastian, said we need a vital, active business in that location but unfortunately, we're put in a position of not being fair. She said she sat on the Board of Adjustment where they addressed parking issues time and time again and it was brought up that the City needs a parking plan and how to use properties to make them feasible. She asked could we move people back and forth with a tram as Disney does. She said we need this business, and we need it now and we need to fix the problem. Ben Hooker said if the 48 boat slips have 49 vehicles parked as close to the slips as possible and he wants to go to dinner he will have to park way up US1; he asked what if Mr. Harts sells the business to a Hooters —do we want that. He said he moved here to retire because it was quiet with fishing and relaxation, let's keep it that way. Dale Simchick said this is interfering with free market and asked how we will make it fair and equitable for all; and when this business goes away, will this be open to other businesses as well. Mayor Gilimor said a year ago, he entered the Firefighters' Chili Cook -off at Pointe West and his booth was next to Mulligan's booth where he met Mr. Wilson, Manager of Mulligan's and invited him to come to Sebastian; and now almost a year later he received a call from Mr. Hart regarding the Flagship property which is where they are today. Mayor Gilimor called for a recess at 9:21 p.m. and reconvened the meeting at 9:31 p.m., all members were present. Mr. Hill said this is an opportunity to do something great for Sebastian, take a business that has struggled, make the riverfront thrive, keep taxes down on that side of the tracks, and create 50 jobs. He cited the Jackson Street agreement, stating it was the right thing to do. He urged Council to work with the potential buyer to find reasons to make this happen, and simultaneously revise the LDRs, and he will ask the City Manager to bring this back as an actionable item. Ms. Coy agreed with Mr. Hill and she advised Mr. Wilson and any other future buyer that the City has four festivals a year and the City will not protect anyone's parking. She asked the City Attorney if Council directs the City Manager to continue negotiations, should they approve a lease without having LDRs revised. The City Attorney said he thought they could be done simultaneously and should be within close proximity of each other; and once it is in the code everyone will be able to see if the LDR meets their business needs. He said if the LDR isn't changed, Mr. Wilson will need a variance, but he didn't want to prejudge anything because that will be quasi judicial. He noted the current code states off street parking cannot provide more than 25% of the needed parking which needs to be changed. 10 Regular City Council Meeting July 14, 2010 Page Eleven Ms. Coy asked about the time frame. The City Attorney said it depends on how staff analyzes the parking code. Ms. Coy asked how long a parking survey would take. The City Manager said it was a big step to identify parcels, shift funds for a consultant; it would be six to nine months. Ms. Coy suggested while revising the LDRs, look at the overall parking such as one -way on Coolidge, and taking sections of Cavcorp for car parking only. Mayor Gillmor said he would like to see agreements open to private industry such as Mr. Graham's parking or the new bookstore, Squiggly's as the money would go to business people rather than the City. Mr. Wolff said he would like to have a further understanding of the permitted density for the property citing 15 slips, noting Mr. Wilson talks about 47 slips, there are 42 parking spaces, Mr. Wilson is requesting an additional 48 parking spaces, so it would go from 105 seats to 150 seats plus 50 employees, it would be 200 people at that spot. He said he would like a better understanding of the impact of enlarging the density on that property. He pointed out that when Mayor Gillmor ran for Council he said that Key Largo had built up so much that he had to move, he said there isn't ample parking there, Mr. Wilson said his business plan indicates it will be a marginal deal, any agreement will have to address a lot more than what is mentioned so the City should get it right the first time, he didn't think a December restaurant opening was realistic to meet the ADA requirements, revised code, a parking survey and he suggested the bank might be interested in hiring an engineer to design a better parking design for that property. MOTION by Mayor Gillmor to extend the meeting until 10:30 p.m. There was no objection. Ms. Coy asked if the City starts at the level it left off, and was there a grandfather clause. The Growth Management Director said it was approved for 105 seats by resolution in 1996. The Growth Management Director explained the marina was built first originally with 42 slips but they were bargained away over the years for restaurant; and the restaurant bargained away the marina slips to 15 so they could have the restaurant and deck there. The City Manager said the density is a 47 slip marina, 4800 square foot service area restaurant and the residential area requires 90 parking spaces. He said the existing site plan says he has 42 parking spaces so he needs 48 additional spaces. Mr. Wright asked how the 25% applies. The Growth Management Director said it is 25% of the 90 needed. The City Manager said the density is that he is trying to double it off site. Mr. Wright confirmed he needs about 25 spaces. The Growth Management Director said the previous tenant was working on an off —site agreement for the restaurant. Mr. Wright asked if the other businesses in that district have used the option successfully. The Growth Management Director said there are some that have shared parking agreements. Mr. Wright asked for the names of those businesses. 11 Ol Regular City Council Meeting July 14, 2010 Page Twelve Mr. Wright said we are going to have a parking conflict which may allow for success or failure of this restaurant and suggested building angled parking along the west side of Indian River Drive to be available for this restaurant noting the demand for parking is going to be enormous. He stated this past Saturday and Sunday every space was filled and it started to clear out around 3-4 p.m. Sunday. He said he did not like this agreement and said we need to do a variance, and do more parking down there, stating there are not going to be 50 spaces available. Mayor Gillmor said there was consensus to have the City Manager proceed and he would like to see it done privately. Mr. Wright said he would like to do it without a lease and with a variance. In response to Ms. Coy's asking how long it would take, the City Manager said changing the LDRs would require public advertisement, review by the P Z, two readings by Council, which is about 60 to 90 days. Mr. Wolff asked how many spaces Mr. Graham's property could provide. The Growth Management Director said there are 22 spaces at Mr. Graham's business. Mr. Wolff said if the City didn't undervalue the parking spaces, the buyer would gravitate to the private market. Mr. Wilson said that Mr. Hart is aware that he will be a need to negotiate with private parties parking, he has even discussed a valet lot, another lot for employees but if they are not dealing with the City they don't have a long term solution, noting he couldn't imagine an adjacent property owner giving a 10 -year parking agreement, he would like to get through the LDR revisions and identify how many more spaces they need. Mr. Hill said there is agreement to find some solution for the property, the City Manager has received direction to go forward with some way to help this business succeed, Mr. Wolff had valid questions about density and direction has been given to pursue it. 13. CITY ATTORNEY MATTERS 10.087 A. Pain Clinic Notices (oral report) The City Attorney said he was looking at an affidavit to be signed by medical providers to let them know that they are dealing with a pain ordinance but decided to go with a notice (see attached) that would include a reference to the City's website so someone can view the ordinance as a whole and we will provide the notice to medical type providers when the business tax renewals and receipts are mailed out. 14. CITY MANAGER MATTERS The City Manager requested two CRA meetings possibly for July 21 and August 4 to discuss the second phase of the master plan update and then the CIP process. Some Council Members indicated scheduling conflicts so the City Manager said he would be in touch with them to find some dates. 12 Mr. Wright asked if the CRA meeting could be scheduled before the regular Council meeting. The City Manager said he would keep that in mind. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Vice Mayor Hill none. B. Council Member Cov none. C. Council Member Wolff none. D. Council Member Wright Richard H. Gillmor, Mayor ATTEST Regular City Council Meeting July 14, 2010 Page Thirteen 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 10:28 p.m. Approved at the July 28th regular City Council meeting. Sally A. Maio, MMC City Clerk He also reported that the draft of the Fisherman Landing Lease will be complete and reviewed at the Working Waterfront meeting scheduled for Monday. He said the lease would be on the July 28 Council agenda. Mr. Wright said he would like to see asking the Indian River County Land Acquisition Committee for leftover funds to fix up the Archie Smith fish house on the Working Waterfront and City Council agenda. E. Mayor Gillmor none. Subject: Resolution No. R -10 Partial Vacation of Easement 102 Darden Court: Lot 10, Block Sebastian Highlands Unit 17 1 pr d for Submittal by: City I -21 Simon 565, Manager Agenda No. 16. /09 Department Origin: Finance Director: City Attorney: City Clerk: Growth Manageme�p ll Date Submitted: July 21, 2010 For Agenda of: July 28, 2010 i,ner Exhibits: 1) R -10 -21 2) Site Map 3) Staff Report 4) Application 5) Utility Letters EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: ara SLT° 1 HOME OF PEJJCAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY This is a request for vacation of three and a half (3.5) feet of the rear twenty (20) foot public utility and drainage easement located on Lot 10, Block 565, Sebastian Highlands Unit 17, 102 Darden Court. The 3.5 feet is being requested for the construction of a swimming pool. All utility and drainage entities have forwarded their approval of this request. RECOMMENDED ACTION Make a motion to adopt Resolution No. R- 10 -21, abandoning three and a half (3.5) feet of the rear public utility and drainage easement for 102 Darden Court. RESOLUTION NO. R -10 -21 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 10, BLOCK 565, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Ralph W. Simon, owner of the land at 102 Darden Court, Sebastian, Florida, has filed a request for a partial abandonment of the public utility and drainage easement along the northern lot line of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The southernmost three and a half (3.5) feet of the north twenty (20) foot public utility and drainage easement located on Lot 10, Block 565, Sebastian Highlands Unit 17, less the western most six (6) feet thereof, as recorded in Plat Book 8, Page 46 of the Public Records of Indian River County, Florida. all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. ATTEST: Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its 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: Sally A. Maio, MMC City Clerk Mayor Richard Gillmor Vice -Mayor Jim Hill Councilmember Andrea Coy Councilmember Eugene Wolff Councilmember Don Wright The Mayor thereupon declared this Resolution duly passed and adopted this day of 2010 CITY OF SEBASTIAN, FLORIDA By: Richard Gilimor, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Robert Ginsburg, City Attorney MAY -26 -2010 03:10 PM ?RORATED TYPICAL ELEVATION y CENTERI.1 N E Bt C CONDITIONER R /W RIGHT OF WAY ID CABLE PEDESTAL ID TELEPHONE PEDESTAL MI ELECTRIC BOX CONC CONCRETE CURVE .DELTA ANGLE C 1 90 FOUNQ_IRON ROD 1: 64 .CAP-- h 4 1106(uo► ILIOCK 565 AC E.LEV 27.82 taa m BENCHMARK IUILDING SETBACKS: FRONT•2E REAR -20' DRAWN DMJ 8 In FOUND IRON iCAP ROD DRA I NAGE PATTERN WELL PINE .TREE SEPTIC TANK .0 POWER POLE WATER METER PALM TREE SET IRON ROD A 3909 CAP 0 POWER POLE RADIUS ARC TANGENT 25.00' 39.27' $5.00' DRAINAGE RAF �2.- ......_I Ddb DARDRN COURT I O• R� CHIT OF WAY Ammillimmlisiammemmq SCALE: I 30' CHORD CHORD BEARING 35.36' N 45'00 OWE CULVERT .7p P•t4lJ.IEZ: 6 0.0' a T 0 90 33.7' "'vg 91.00 I BLACK"---4 Z Iy Egg Ai FLOOR C 01NI Ai ROAD 39.67' 4•X 4 31R31n. p COVERED ENTRY L6 IC) al- Slic 0 0 0 36.33' we In N I ON ROD ULVERT t� 1 FOUND IIj2N ROD A 6905' P 1 SURVEYOR'S NOTES: I. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMAL PARTS THEREOF. A TIIC 1'II nr naonru nn/WT p4AYT AC WAV IO admiwCn TA !ICAO P.01 23 aura SEBASTIAN HOME OF PUJOI1N ISLAND ABANDONMENT OF EASEMENT Staff Report 1. Project Name: Swimming Pool for Simon Residential Property 2. Requested Action: Abandonment of the southernmost three and a half (3.5) feet of the north twenty (20) foot public utility and drainage easement located on Lot 10, Block 565, Sebastian Highlands Unit 17, less the western most six (6) feet thereof. 3. Project Location: a. Address: 102 Darden Court b. Legal: 4. Property Owner: a. Name: b. Address: 5. Project Agent: a. Name: b. Address: 6. Project Description: Lot 10, Block 565, Sebastian Highlands Unit 17 Ralph Loretta Simon 102 Darden Court Sebastian, Florida 32958 Crystal Pools 4684 N. US Highway #1 Vero Beach, Florida 32960 a. Narrative of proposed action: Applicant wishes to abandon the southernmost three and a half (3.5) feet of the north twenty (20) foot public utility and drainage easement on Lot 10, Block 565, Sebastian Highlands Unit 17, in order to build a swimming pool in the back yard. b. Zoning: RS c. Future Land Use: LDR d. Existing Land Use: Single family residence 7. Utilities Comments: a. Florida Power Light: Approved b. BellSouth/AT &T: Approved c. Comcast Cable: Approved d. Indian River County Utilities: Approved e. City Engineer (drainage): Approved 8. Zoning Technician Comments: A 50 -foot drainage ROW abuts the rear easement also. 9. Staff Recommendation: Approve Resolution R _(=Oad‘ASL Prepared by 7 Date /0 B. Site Information Address: fez O/944 Cf Pii- Lot Block: Unit: 0 Subdivision: Sew n DJ 'f 4 /4n 1 Indian River County Parcel 3 39 If o c'oo CI S'O oD t /0. Phone Number: Zoning Classification: Future Land Use: Existing Use: Proposed Use: Owner (If different from applicant) Name: -S e Pii- Address: Phone Number: FAX Number: E -Mail: OVOI HOW OF MOW SLAM City of Sebastian Development Order Application Permit Application No. Applicant (If not owner, written authorization (notarized) from owner is required) Name: RA l S ov►t) Address: A 0/9t2 i,iS� Phone Number. Z FAX Nuner. 8 E -Mail: iL SS Q (v69jT. �✓c-T Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): tow T six) /l At- JLs/)i' fad S? /2Pr41 DATE RECEIVED:(. /10 /_..g FEE PAID: 26b-a0 RECEIVED BC 4J D. Project Personnel: Agent: 4 h cfiN Name: wIti AP Li Address d ay 4v yr 'V &644, /7 Phone Number: FAX Number: 5 7 706 17i 71D— .r94/ E -Mail: n Sri t 42 a5 c co.A7 Attorney: Name: Address Phone Number: FAX Number: E -Mail: Engineer: Name: Address Phone Number: FAX Number: E -Mail: Surveyor: Name: Address Phone Number: FAX Number: E -Mail: IGNATURE SWORN TO AND WHO IS P R AS IDENTIFI NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: 1, tt' S 1-4 d tJ BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: VI AM THE OWNER I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRU 0 THE BEST OF Y KNOWLEDGE AND BELIEF. DATE A��_ FORE ME BY l� /p �IM-•� NALLY KNOWN T• E OR PRODUCED DAY OF 209# Permit Application No. Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, JTHE exceptions, and appeals. IE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNERS) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ell Cott0CAl_ BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY ell VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE 1/WE MAY HAVE, DUE TO THE QUASI JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, B ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. g /lb DATE SIGNATU Sworn to scribed before me by A4- /ph cam./ who (mown me or pro as i I cation, this f day of J t' 20 /0 Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: awc HOME OF PELICAN ISLAND Supplemental Information Easements, vacation of Permit Application No. 1. Describe the easement to be vacated (provide a legal description, if possible): tor ,2 /J r !J i7 5 7 -1J /4 I 1 2. Why is this vacation of easement being requested? erIfr fj p ar A t jelleee.A.) 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. 06/14/2810 13:10 7723888248 June 14, 2010 CITY OF SEBASTIAN BASTIAN HOME of PEL144.1SIAND 1225 MAIN STREET K SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 689 -6618 i FAX (772) 388.8248 E UEST X OR ABANDON E NT OF EASJ MENT UTILITY: Joseph ()Wagon, FZ'L FAX NO: (561) 691 -2190 APPROVED: DENIED: DATB a\ Q\ j APPROVED /DENIED BY: CQMMENTS: Descrtptl4n of Engcment to be abandoned: The southeriunost most three a half (3.5) feet of the north twenty (20) foot public utility and drainage easement located on. Lot 10, $lock 565, Sebastian Highlands Unit 17, less the western most six (6) feet thereof. Location of Easemetit: 102 Darden Court, Sebastian, Florida (signatu Return to:. D9rri Bosworth; City of Sebastian, Growth Management Department Fax No. (772) 388 -8248 PAGE 01/03 06/23/2010 10:39 SAC CENTER772 464 4137 4 17723888248 06/14/2010 13:16 7723888248 I NOME OF PELICAN OLAND 122,5 MAIN STREET SESAETIAN, PIARIDA 52958 TELEPHONE (772) 589 -5518 PAX (772) 388-9248 REOUEST KIR ABANDONMENT QF EAIIFVENT m, t,to e a b bandoned: The southernmost most three a half (3.5) feet of the north twenty (20) foot public utility and drainage easen eet located on Lot 10, Block 565, Sebastian Highlands Unit 17, less the western most six (E) feet thereof. June 14, 2010 Locadon of Easement: 102 Darden Court, Sebastian, Florida UTILITY: Bruce Sawyer, Bell South APPROVED: V APPROVED/DEN1ED BY: COQ: ANA CITY OF SEBAST FAX NO 772-466-5651 SE: 44 iO AN PACE 01/02 Return to: Dorri Bosworth, City of Sebastian, Growth Managemelt Department Fax No. (772) 3884248 NO.435 P001 Charles L Adams CBE AT&T Florida 06/24/2010 12:37 FAX 06/14/2818 13:12 7723888248 June 14, 2010 UTILITY: Donald Stephens, ComCsat APPROVED/DENIED BY: COMMENTS: IMP COMCAST s 110M1 O/ ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 PAX (772) 388.8248 REQUEST FOWANbONMENT OF EASEMENT a001/001 CITY OF SEBASTIAN PAGE 81/83 Description of Easement toJandoneg: The southernmost most three a half (3.5) feet of the north twenty (20) fbot public utility and drainage easement located on Lot 10, Block 565, Sebastian IRghlands Unit 17, less the west= most six (6) feet thereof Location o[Eaeattent: 102 Darden Court, Sebastian, Florida FAX Nth 778 -9635 -a DATE: 4/L APPROVED: to Return to: Dorri Bosworth, City of Sebastian, Growth Management Department Fax No. (772) 388 -8248 06/16/2010 08:49 FAX 06/14/2910 13:08 7723888248 -4_ F CITY OF SEBASTIAN SEN no o nucm ISLAM 1225 MAIN STREET SEBASTIAN. FLORIDA 32958 TELEPHONE (772) 5394518 r FAX (772) 388 -8248 1 Tune 14, 2010 of D ti of E on The southernmost most three 4< on if (.5 l ack the north twenty (20) foot public utility and drainage 565, Sebastian Highlands unit 17, less the western most six (6) Location of E pemet: 102 Darden Court, Sebastian, Florida UTILITY: Kevin N. OsthuS, It.C. Utilities APPROVED: DENIED: APPROVED/DENIED BY: COMMENTS: FAX NO: '10-5143 DATEL. Return to: Dora Bosworth, City of Sebastian, Growth Management Del artment Fax No. (772) 388 -8248 ij 0Oi 06/14/2010 13:14 7723888248 June 14, 2010 5 1 CITY OF SEBASTIAN HOME Of PELICAN 1AAND 1225 MAIN STREET m SEBASTIAN; FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 REQUEST FOR ABANDONMENT OF EASEMENT Description of Easement to be abandoned: The southernmost most three a half (3.5) feet of the north twenty (20) foot public utility and drainage easement located on Lot 10, Block 565, Sebastian Highlands Unit 17, less the western most six (6) feet thereof. Location of Easement: IO2 Darden Court, Sebastian, Florida UTILITY: Frank Watanabe, Consulting City Engineer FAX NO: 589 -6209 APPROVED: A• DENIED: DATE: J APPROVED/DENIED BY: COMMENTS: (signature) Return to: Dorri Bosworth, City of Sebastian, Growth Management Department Fax No. (772) 388 -8248 PAGE 01/03 i f e r Subject: Authorization to Piggy -back and Extend the Contract for Banking services for an Additional Two Year Period d for Submittal by: City Manager sw HOME OF PELICAN ISLAND City Council Agenda Item Agenda No. 10.110 Department rigin: Administrative Services City Attorney: City Clerk: Date Submitted: July 21, 2010 For Agenda of: July 28, 2010 E ibits: June 17, 2010 Letter from Wells Fargo Offering an Additional Two Years April 2005 Agreement for Banking Services with Wachovia Bank, with Tabulation Form Supporting Their Selection Current City Bank Fees Versus Bank Fees Based on County's New Rates Account Analysis Statement Showing Current City Fees Exhibit "A" Reflecting Fees Proposed for Indian River County An Article from Global Finance Showing Wells Fargo Rated in the Top 50 of the World's Safest Banks Mid -2009 SUMMARY In 2005, the City considered sealed request to provide banking services. Wachovia Bank submitted the lowest fees for banking services and was awarded the contract for three years, with two optional one -year extensions. A new agreement is now necessary and Staff began exploring options to initiate a competitive selection process. In beginning this process, we approached the Bank to discuss the option of the City piggy backing on Indian River County's proposal and receive the same fees as were given the County. However, after analyzing this further, we calculated that the fees we have been paying can be expected to be significantly less than those given the County. The bank has offered to extend our current fees for an additional two years. We have been very satisfied with the Bank's service and strongly support continuing the current relationship. In addition to avoiding higher fees, we will not have to deal with the added workload and training effort that would result from changing to another bank. RECOMMENDED ACTION Move to authorize the City Manager to piggy -back on Indian River County's selection process and accept the proposal to extend the contract for banking services through May 31, 2012 with the same terms and conditions as the former contract with Wachovia Bank. Dear Mr. Ki ligore: ail "x xti ?E �G k °nth k orb er a ten: tire: are y lty s business would remain Government Institutional Banking 450 South Australian Avenue. 7th Floor MAC Z6344-070 Vilest :Path Beath, FL 33401 June_ 17, 2010 Mr. Kenneth W. Killgore Finance Director City of Sebastian 1 225 Main Street Sebastian, FL 32958 Re: Contract Extension On May 3.1 our Banking Se additional extension perils under the for and desires to extend the contract for an ad the same through May 31, .201 2 We would be most appre if your contr ct throt b May 3,t., 7 Should you have any questions.or conc look forward to yourresponse and to{ of Sincerely, (A.J W. Dane Sheldon Senior Vice President Accept* COPY AGREEMENT FOR BANKING SERVICES THIS AGREEMENT, made and entered into this 5 day of April 2005, by and between The Ci of Sebastian astian, hereinafter referred to as "the Ci and Wachovia Bank, N.A., a federally chartered banking institution, hereinafter referred to as "Wachovia" or "the Bank", WITNESSETH: WHERAS, the ct is desirous of entering into a contractual agreement with a financial institution to provide the banking services; and WHERAS, the f& received proposals, conducted interviews, and recommended the selection o provide such banking services; of Wachovia to NOW THEREFORE, in consideration of the premises and of the mutual covenants and promises herein contained, the parties hereto agree as follows: 1. The performance of this Agreement shall commence on June 1, 2005, and shall remain in effect for a three 3 year period to May 31, 2008. The City will have the option to extend the contract for two (2 o tional one (1) year extensions, providing both parties mutually agree. Any p extension will be provided to the City 90 days prior to the contract expiration dateanges by the bank relating to the 2a. Wachovia agrees to provide the services specified, with the personnel specified, and at the costs specified in its proposal to the Ci said proposal being attached, incorporated by reference herein and made a part hereof as fully as if herein set forth. Wachovia hereby acknowledges submitting said proposal in response to he Ci 's Request for Proposal, said Request for Proposal being attached, incorporated by reference herein and made a part hereof as fully as if herein set forth 2b. The _CA agrees to provide compensation to Wachovia under the following payment arrangement: ngement: Payment will be accomplished by either a compensating balance method or a direct charge for services method. With the compensating balance method, the_Qh will maintain a set dollar amount in a non interest bearing account to be uses as compensating balances. The bank shall submit monthly analysis statements reflecting services rendered for the preceding month. Such statements shall contain at a minimum average daily ledger balance, less float and reserve requirements to arrive at a net collected balance. Any amount due shall be paid within thirty (30) days upon p the Ci rty (30 da s u on recei h t of invoice and supporting documentation by t pursuant to audit and review, less any contested charges. 3. Representatives of the parties are hereby authorized to meet and draft any detailed plans and procedures of operation necessary to effectively implement this Agreement. Such plans and procedures of operation shall become effective upon acceptance by the SA and Wachovia Bank. Said plans and procedures of operation shall be subject to change upon mutual agreement and consent of the parties, which agreement and consent shall not be unreasonably withheld or denied. 4. With regard to any financial Toss, which may be suffered by The i as a result of or due to intentional or negligent acts of commission or omission by Wachovia, Wachovia hereby grees to reimburse and save harmless the _g& for any such loss. 5. This agreement constitutes the entire agreement and understanding between th respect to the subject matter hereof, and any representations brstatements heretofore made with respect to such subject matter whether verbal or written, are merged herein. Agreed to and Accepted: Wachovia B k, N.A. z By Pe'" kL1..„■7( 0570.5— Paul Vincent By ATTEST (SiAL) Sally A, City Cl Rich StrinaerL_CitA;ttorney Title /Date: Acting City Manager May 2, 2005 Title /Date: Title /Date: Vice President/Senior Relationship Mgr. 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Ib gol d uplim ij n ii: I JJjh g LUll i lli� .H n N W ry h N M Pi a 0 RETURNS Deposited Items Charged Back ACH Miscellaneous Items Paid WCP Tax Payment rFl Processed Deposits x Maintenance 4CH- Originated Items -PPD Credit .4H-Originated Items -CCD Credit .,c3ntrol Total Entry �11D CHECK IMAGE said chk Image: CD ROM /DVD per Item aid Check Image: CD-ROM per CD A CCOUNT RECONCILEMENT 3asic Positive Pay Per Item NACHOVOA CONNECTION NCEML Retum Item Report NC Plus Prior Day Accts Tier 1 VC Plus Current Day Accts Tier 1 a OBALWIRE TRANSFER 1 i VC}. Domestic Wire i ',16 Book Transfer )ebits Posted eiivalI Charges tonthiy Charges Description Current City Bank Fees Versus Bank Fees Based on County's New Rates Prepared by Ken Killgore July 2010 City Charges GENERAL SERVICES Checks Paid Deposits BR- Rolled Coins BR- Strapped Currency Provided BR- Disposable Night Bags BR -Cash Deposit Fee BR- Change Orders BR- Non Standard Cash Process Surcharge Account Maintenance Deposited Items Number Rate Amount 5,064 0.0750 379.80 648 0.2500 162.00 708 0.1000 70.80 120 0.6500 78.00 12 3.0000 36.00 7,620 0.1500 1,143.00 120 0.1000 12.00 168 0.0400 6.72 24 12.0000 288.00 4,752 0.0000 0.00 12 8.0000 96.00 516 0.2500 129.00 24 3.0000 72.00 36 0.0000 1,188 0.0400 12 16.0000 4,968 0.0400 24 0.0400 24 2.0000 12 4.0000 48.00 24 12.0000 288.00 24 12.0000 288.00 Items Paid Deposits Disposable Night Bags Currency !Deposited Description Maintenance (Per Account) Deposited Items Deposit Corrections Deposited Items Charged Back Stop Payments Re- Deposited Return Items ACH Retums -Debit 0.00 Per Transmission 47.52 Deposits (All Elec Dep and ZBA Trsf In) 192.00 ACH Maintenance Per Rejected Debit Items Paid (All Elec W/D and ZBA Trsfr Out) Per Item -Debit (Utilities AFT Payments) 198.72 0.96 48.00 5,064 0.0200 101.28 CD Rom Per Item 12 0.0000 0.00 Cleared Check CDs (4 Accounts) 5,064 0.0000 0.00 Positive Pay Per Item 4,627.80 385.65 Internet Access to all Accounts -10 Users 108 8.0000 864.00 Outgoing Non Repetitive 12 4.0000 48.00 Incoming Wire 120 0.2500 30.00 County Charges Estimated Savings by Continuing Current Rates Number 5,064 0.0750 648 0.2500 708 120 12 0.7500 7,620 0.0600 120 168 24 10.0000 4,752 0.0175 24 2.0000 12 2.0000 6 7.5000 12 2.0000 516 0.1500 24 2.0000 36 10.0000 1,188 0.1500 12 25.0000 5.0000 4,968 0.1500 24 0.0200 24 Rate Amount 379.80 162.00 0.00 0.00 9.00 457.20 0.00 0.00 240.00 83.16 48.00 24.00 45.00 24.00 77.40 0.00 0.00 360.00 178.20 300.00 0.00 745.20 0.48 0.00 5,064 0.0300 151.92 12 15.0000 180.00 5,064 0.0400 202.56 12 0.00 24 0.00 24 0.00 3 300.0000 900.00 108 7.5000 810.00 12 5.0000 60.00 120 0.00 5,437.92 453.16 810.12 wein Date Prepared 04A92010 Settlement Date 03/312010 WACHOVIA Account Analysis Statement Period Ending 03/312010 000006276 MDZ 000011318 P001A200 PSTA 1n11tn111111u1111•1111111lI,I CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN FL 32958 statement for: Composite Number: 11111 1=ImeSSIIIIIIISIIMP CITY OF SEBASTIAN Summary Information Total Services Summary Jrrent Analyzed Se rvices Billing Summary ialyzed Se Debited ITY OF SEBASTI This Analysis Includes The Following Accounts CITY OF SEBASTI CITYOF SEBASTIA I Service Description IERAL SERVICES NECKS PAID EPOSITS R- ROLLED COINS R- STRAPPED CURRENCY PROVIDED R- DISPOSABLE NIGHT BAGS 3-CASH DEPOSIT FEE ULTIPLE STATEMENTS 3- CHANGE ORDERS R NON STANDARD CASH PROCESS SURCHG COUNT MAINTENANCE )N DEPOSITOR CHECK CASHING FEE 4STER ACCOUNT MAINTENANCE iia Bank is a division of Wells Fargo Bank, N.A. Account Information PUBLIC FUNDS• GOVT,: 395.66 0.00 Services Provided For Answers To Account Analysis Questions CALL 1- 800 222 -3862 Average Monthly Balance Summary Average Ledger Balance Less Average Float Average Collected Balance Average Positive Collected Less Balances To Offset Services Net Balance Available Interest Paid 8,327,791.71 4,947.62 8,322,844.09 8,322,844.09 931,716.01 7,391,128.08 Rate 0.400% 2,545.83 Offset For Services Balance Required To Offset $1 In Services Volume 422 54 59 10 1 635 2 10 14 2 6 1 '10 APR Its 10:17:12 Price Service Charge 0.0750 0.2500 0.1000 0.6500 3.0000 0.1500 0.0000 0.1000 0.0400 12.0000 0.0000 0.0000 2,354.84 31.66 13.50 5.90 6.50 3.00 95.25. 0.00 1.00 0.56 24.00 0.00 0.00 i 1 )mposite Number: CITY OF SEBASTIAN Service Description SUB ACCOUNT MAINTENANCE DEPOSITED ITEMS GENERAL SERVICES TOTAL ETURNS DEPOSITED ITEMS CHARGED BACK RETURNS TOTAL CH MISCELLANEOUS ITEMS PAID WCP TAX PAYMENT FILE PROCESSED ADDENDA ORIGINATED DEPOSITS MAINTENANCE ACH WC PLUS SINGLE ITEM ACH ORIGINATED ITEMS -PPD CREDIT ACH ORIGINATED ITEMS -CCD CREDIT CONTROL TOTAL ENTRY ACH TOTAL JD CHECK IMAGE PAID CHECK IMAGE MAINTENANCE PAID CHK IMAGE: CD ROM/DVD PER ITEM PAID CHECK PER CD PAID CHECK IMAGE/ITEM- INTERNET PAID CHECK IMAGE TOTAL COUNT RECONCILEMENT OUTSTANDING ISSUE ITEMS ON FILE BASIC POSITIVE PAY MAINTENANCE BASIC POSITIVE PAY PER ITEM POSITIVE PAY EXCEPTIONS ACCOUNT-RECONCILEMENT-TOTAL .CHOVIA CONNECTION NCEML RETURN ITEM REPORT NC PLUS PRIOR DAY ACCTS TIER 1 NC PLUS CURRENT DAY ACCTS TIER 1 NCP VIEWED PK PRIOR DAY ITEM TIER 1 NCP PRIOR DAY MULTIPLE ITEM VIEWED VC PLUS PROACTIVE NOTIFICATION VACHOVIA CONNECTION TOTAL )BAL WIRE TRANSFER VC DOMESTIC WIRE VC BOOK TRANSFER )EBITS POSTED iLOBAL WIRE TRANSFER TOTAL ;USTOMER TOTAL L1 )via Bank is a division of Waiic Farnn hi n Account Analysis Statement Period Ending 03/312010 Date Prepared 04/092010 Settlement Date 03/312010 Services Provided Volume 1 396 43 2 3 4 99 1 11 414 2 2 4 422 476 289 2 422 2 1 2 2 662 61 1 9 1 10 Price 0.0000 0.0000 8.0000 0.2500 3.0000 0.0000 0.0000 0.0400 16.0000 0.0000 0.0400 0.0400 2.0000 0.0000 0 0200 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.0000 12.0000 12.0000 0.0000 0.0000 0.0000 8.0000 4.0000 0.2500 Service Charge 0.00 0.00 181.37 8.00' 8.00 10.75 6.00 0.00 0.00 3.96 16.00 0.00 16.56 0.08 4.00 57.35 10.00 8.44 0.00 0.00 18.44 0. 0.00 0.00 0.00 0.00 4.00 24.00 24.00 0.00 0.00 0.00 52.00 72.00 4.00 2.50 78.50 395.66 AL ANALYZED SERVICES 395.66 I INDIAN RIVER COUNTY, FLORIDA BANKING SERVICES PROPOSAL Volume Analysis Cost Proposal General Services EXHIBIT "A" Total Annual Volume Per Item Annual Totals: Cost: Cost Deposits 9,074 $0.2500 $2,268.50 Disposable Night Bags 2,100 $0.7500 $1,575.00 Items Paid 28,200 $0.0750 $2,115.00 Deposited Items- Charged Back 638 $2.0000 $1,276.00 Deposit Corrections 32 $2.0000 $64.00 Deposited Items 331,358 $0.0175 $5,798.77 Currency Deposited 32,744 $0.0600 $1,964.64 Stop Payments 6 $7.5000 $45.00 ACH Items Paid (All Elec W/D and ZBA Trsfr Out) Deposits (All Elec Dep and ZBA Trsf In) Per Item- Credit (Direct Deposit) Per Item -Debit (Utilities AFT Payments) ACH Returns -Debit Per Transmission Per Rejected Debit ACH Retums Email Wire Transfers 2,924 $0.1500 $438.60 5,022 $0.1500 $753.30 18,744 $0.0200 $374.88 66,110 $0.0200 $1,322.20 286 $2.0000. $5� 0 102 $10.0000 $1,020.00 10 $5.0000 $50.00 386 $2.0000 $772.00 Incoming Wire 182 $5.0000 $910.00 Outgoing Non Repetitive 304 $7.5000 $2,280.00 Reconcilements Full Recon Per Output Item 24,294 $0.0000 $0.00 Full Recon Per Input Item 25,368 $0.0000 $0.00 Additional Services Positive Pay Per Account (2) $50.0000 $0.00 Cleared Check CDs (4 Accounts) $15.0000 $0.00 ACH Block Services $10.0000 $0.00 Internet Access to all Accounts -10 Users $300.0000 $0.00 Deposit Tickets 3 part 9,000 $0.0000- -$0-.00 Deposit Tickets 4 part 1,000 $0.0000 $0.00 Disposable Night Bags 2,500 $0.0000 $0.00 Cash Envelopes 1,500 $0.0000 $0.00 Deposit Stamps (One Time Charge) 40 $0.0000 Maintenance (Per Account) $0.00 9 $10.0000 $90.00 Other Service Fees not Listed (please specify): Positive Pay Per Item Account Reconcilement Data Transmission ACH Maintenance CD Rom Per Item Re- Deposited Return Items $0.0400 $10.0000 $25.0000 $0.0300 $2.0000 Z 3,G8R 89 Wholesale Lockbox (ALS) Per Unprocessable Item/Correspondence Handling 5,642 $0.4000 $2,256.80 Standard Item Processed 6,582 $0.3500 $2,303.70 Deposits 256 $0.2500 $64.00 Other Service Fees not Listed (please specify): Maintenance Check and Document Post Office Box Annual Rental Deposit Prep One Year Archive Retail Lockbox (Utilities) Std Pre Screen 10K Per Envelope Std Pre Screen 10K 50K Per Envelope Per Check OCR Match 10K Per Check Ocr Match 10K 50K Per Check OCR Non -Match 10K Per.CPN- Multiple or ck only 10K Per Deposit Per Unprocessable ck or coupon Per Return or Correspondence Stop Pay Per Item Stopped Per Data File Transmitted Other Service Fees not Listed (please specify): Maintenance Check and Document Post Office Box Annual Rental Stop File Maintenance Web Image -Check and Document Web Image Monthly Maintenance Credit Card Processing Programming One Time Fee One Year Archive Total Lockbox Services $125.0000 $225.0000 $1.2500 $0.0150 120,000 $0.0000 $0.00 92,498 $0.0000 $0.00 120,000 $0.1500 $18,000.00 48,726 $0.1500 $7,308.90 18,552 $0.0400 $742.08 20,396 $0.0900 $1,835:64 256 $0.2500 $64.00 4,796 $0.4000 $1,918.40 2,188 $0.4000 $875.20 28 $2.0000 $56.00 12 $150.0000 $1,800.00 Per Month $115.0000 Per Year $225.0000 Per Month $100.0000 Per Item $0.0250 Per Month $25.0000 Per Item $1.5000 One Time $200.0000_ Per Item $0.0150 Additional Services Requested Not UstedAbove Will Be Negotiated between the Bank and the County. g I, (po'.Y9 ANNUAL SURVEY/ SAFEST BANKS MID -YEAR UPDATE Global Finance selects the world's safest banks, the 50 institutions with the highest ratings from the leading credit ratings agencies. Such has been the turmoil in the world's banking industry that Global Finance is publishing a mid -year update of its Safest Banks listing. That this is a period of unprecedented upheaval is amply illustrated by the fact that this list includes 13 newcomers —which means more than one -fifth of last year's safest banks have seen their prospects decline enough since mid -2008 to send them tumbling off the list. Among those new to the safest banks list is Finland's Pohjola Bank, which vaulted into 28th place, with an aggregate credit rating score that matches Britain's HSBC, one of the largest banks in the world. Also new to the list and neck and -neck in 37th place —are Singapore's OCBC and United Overseas Bank, each achieving identical credit ratings to German banking giant Deutsche Bank and Canada's Bank of Montreal. Perhaps unsurprisingly, the top -10 has seen some significant changes, too. Newly arrived in the top echelon of the world's safest banks, for example, are Royal Bank of Canada and Spain's Banco Santander. Both are recognized for having taken a more cautious approach to risk than some of their competitors, and amid the turmoil of the past two years, that approach has clearly paid off. There are also some banks that have seen their ranking among the world's safest barely change over the past year, showing they, too, are reaping the benefits of effective risk management. JPMorgan Chase actually managed to clamber up one place and Deutsche Bank held its position at number 29, both banks starkly outperforming rivals such as Bank of America, Citi, Barclays and Royal Bank of Scotland, which all lost their places among the world's safest banks. Because bank safety is such a key concern at present, we are awarding, for the first time, an honorable mention to two banks that did not make it into the top 50— National Bank of Abu Dhabi and Northern Trust. These banks' aggregate credit ratings were the same as those banks toward the bottom of the safest 50, but their total assets were lower, so they did not make it into the top 50. As always, we have constructed our ranking based on size and credit quality. We began with a pool of the world's 500 largest banks by asset size, to which we applied the most recent available ratings from Fitch Ratings, Moody's Investors Service and Standard Poor's, with appropriate weightings. Where banks were rated equally by all three ratings agencies, the largest of the banks was awarded the highest ranking. THE WOR D'S SAFEST BANKS MID -2009 nue France Netherlands Germany Netherlands Germany Censor, France S Canada kebab Australia SPak Csnadi AusbaEt Aasbarw I New leaked linked rowan France UddedStates Sweden Wino cornett as er 0413100, Leo TOTAL ASSETS ASSET COuiTRT P O OR'S WOWS Fflti CS Swam DATE AAA Asa AAA 521 1213!!07 AAA Aaa AAA 2119 1213807 AAA Aia AAA 136 1431)07 MA Asa AAA 131 12/31107 MA Asa AA+ 840 12/317 AA+ Aaa AAA ST 13/31107 AA- Aal AAA 219 12/31107 AA Aal AA 2,494 12I31107 AA Aal Ati 1.344 12/31107 AA- Aaa AA. 5116 10131108 AA Aai, AA 25 934108 AA Aat AA. 469 630118 All Aal AA- 756 'W33$8 AA- Aaa AA- 454 1013808 AA Aat AA- 377 V3t808 AA Aid AA- 351 9►308 M Aa2 AA 163 1213808 AA 1132 AA 45 6134 AA- A32 AA 2354 Warn AA Ali AA- 2974 12/31/117 All Aa3. AA. 575 2l3llJ7 AA- Aat AA- 573 12131107 AA- Aal AA- 401 1031/0$ Spain Air Aal AA 3+66 12/3707 Sweden AA- Aat AA- 2910 12131107 United States AA A32 AA- 238 12J3VO7 Sport AA- Aa1 AA 142 12131#07 Finland AA- hat Alt 30 17I3'R7 Carmine A+ Aat AA- 2974 1213VOT karts AA- Ilan AA- 1,518' 12/39117 Nall► Alt Aa2 AA- 843 1273907 Canada A+ Rat AA- 334 1001/1 Nonfat AA- Aa1 A+ 231 12h3VOr United Stairs AA- A32 AA- 198. 12131+107 Spa's A+ Aa2 AA 158 12/7 Partegal A+ Aal AA- 152 W31Ai7 spore A+ Aal AA- in QM"? Shagapont A+ Rat AA- 21 1'13907 tniltpiu AA-: A33 AA 28 120907 Cerwaw A+ Aat A+ 653 12/3*? ViitedMondas A+ Aa2 AA- 356 4101#08 Canada A Aa2 AA- 214 ornios email At A32 AA- 43 12+7311011 talus lrrd A+ A32 As 2019 12131/07 United States A+ Rai AA- 1.562 12/3NO7 *On A+ A42 A+. 1.327 301108 Switzerland A Aa2 AA- 1.209 12 3Wr Erase A+ Asa AA 503 1213*? France A+ Rai AA- 369 17!31102 United Stites A+ Ra3 AA- 133 12/3907 aia S HOME Of 1MILICAN NUM City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Removal of Committee Member in Accordance with City Section 2 -173 A ed for Submittal by: Code Agenda No: /D. Department Origin: Date Submitted: 7/22/10 O P7 City Clerk For Agenda of: 7/28/10 City Attorney: 1 A ner, City Manager Ex ibits: July 7 Email, Note from Parks and Recreation Chair will be Provided after 7/26 Meeting Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Jarad Pelletier without an excuse or provision of this removed if, in meetings as an absence or any other reason Upon notification not complied with the of removal. The order of removal to the this notification and specific causes). an email (see a response. The We can only Code Section 2- Parks and Recreation Advisory Committee Alternate Member has been absent from five consecutive meetings this year any contact with the Committee. City Code Section 2 -173 states "Notwithstanding any other Code, any board or committee member shall be automatically any given fiscal year he or she is absent from three consecutive without an acceptable excuse. An acceptable excuse is defined for medical reasons, business reasons, personal reasons, which the chair of the board or committee deems appropriate. by the chair of the board or committee that a member has attendance requirement, the city council shall issue an order effective date of the removal shall be the date on which the was entered. Removal of board or committee members pursuant section shall not be subject to section 2 -172 (2 -172 sets out hearing procedures for removal for no cause or removal for Upon notification by the board secretary, we sent Mr. Pelletier attached) to determine his intentions and have not received phone number provided in his application is no longer in service. assume he has moved out of the area. RECOMMENDED ACTION Move to formally remove Jarad Pelletier in accordance with 173, so we can advertise for the position. I Sally Maio From: Sally Maio Sent: Wednesday, July 07, 2010 11:53 AM To: JRAD717 @yahoo.com Cc: Linda Kinchen; Jeanette Williams; Alfred Minner Subject: Parks and Recreation Committee Jared It was brought to my attention that you have missed five consecutive meetings of the Parks and Recreation Committee. Our City Code provides that anyone who is absent from three consecutive meetings without an acceptable excuse in any given fiscal year, is to be automatically removed by City Council upon the recommendation of the Committee Chairperson. We know that you indicated early on a desire to go to school in South Florida to become a police officer and that this could possibly affect your membership on the committee. If you have decided to no longer participate on the committee due to other commitments, please let me know by responding and we can consider you resigned from the Committee, rather than going through the process of public removal in accordance with the Code. We sincerely thank you for volunteering your time with the City. Sally Maio City Clerk The Code I am referencing is set out below: Page 1 of 1 Sec. 2 -173. Attendance requirement. Notwithstanding any other provision of this Code, any board or committee member shall be automatically removed if, in a given fiscal year he or she is absent from three consecutive meetings without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical reasons, business reasons, personal reasons, or any other reason which the chair of the board or committee deems appropriate. Upon notification by the chair of the board or committee that a member has not complied with the attendance requirement, the city council shall issue an order of removal. The effective date of removal shall be the date on which the order of removal was entered. Removal of board or committee members pursuant to this section shall not be subject to section 2 -172. (Ord. No. 0- 97 -56, 8, 9- 25 -97) 7/22/2010 I OHM S HOME of PELICAN ISLAND Subject: Reappoint Two Expired Member Positions on the Natural Board A pr' ed for Submittal by: Regular Resources City Manager Agenda No. 1 0. 0 t 7 Department Origin: City Clerk's Office 9 City Attorney: For Agenda of: 7/28/10 I r Exhibits: applications, ad, board member list Expenditure Required: Amount Budgeted: Appropriation Required: Barbara Salmon and Eric Natural Resources Committee. another term. No other applications Interview, unless waived, member positions, term to SUMMARY STATEMENT have expired on the and eligible to serve Dr. Spokas to the regular I Spokas' regular member positions Both members are interested, were received. RECOMMENDED ACTION and reappoint Ms. Salmon and expire July 1, 2013. I NAME: C S too k! S HOME ADDRESS: j s ,gF-Uf1M Y -rfel/ r-- .5cg/rsr( 4.,-) F L_ 3 zg L3 HOME PHONE:772 1'4 7 HOME FAX: E -MAIL: Ai5ft, )r' BUSINESS: 0 9 DO vp Cr 1 N S (LN C. lZ C b (64 )..it/i)("4 CvC_L. C F. BUSINESS ADDRESS: rEe «,,a G (VI. veLLe72 C'eipipOS (Id VE(2i ff�i zt SC P ,►2 cf-rl P(i—r G I S "C /6"e liz-e v end e/1 BUSINESS PHON y6 2- X 4 3 p 18 USI NESS FAX: E -MAIL: e sr) kit R', f ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ye HOW LONG? 2 DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? NI 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) PLANNING AND ZONING COMMISSION (permanent board meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* ARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) A RAL RESOURCES OARD (permanent board meets once a month) OTHER TEMPORARY. COMMITTEE (if applicable) Working Waterfront n (WRITE IN COMMITTEE NAME) r C Filing of financial disclosure is required following appointment CI an' OF S BAST HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE (All City Board and Committee Members Must be Residents of the City. of Sebastian) C4 r c/ FL 3 2-gd d SC- r APPLICABLE EDUCATIQN AND /OR EXPERIENCE: (a brief resume is required) ft-i. A E 2 rt° Cf-fX/ /c- -.A13-7 t71/4/7c Ss' ,g 1 oLPc y eb r u I A e lit u /J w re--S )T/ -p Li) M -A,A4C a C.QC H c c N 1 H gN"rfN T ;NS 7 tj /A4' HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? r P L i A c /L A ('ref P/1 Z 7(2- fL QU f L- t T L-( 1. if tJ .f- (S H `;e i 0 Lo �Yi co L. 0 G- 4-,4- 7 C( --N i Q u fry- c 6_ NA j r LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: Cu 2/Z A L_.( TCArC f4iA) 6- N SAL- L?/OG c>‘ A `C f (/0 ;.¢.c1 v' E /z 1; 6 c_ i-E: PP v (c, r c /o2 re: 4- N v i o,() At E L CoA' -Cu L7r7-A71 /'t> HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? (l fJ HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? (1 Q WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ,1' 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 omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or committee i available if requested. 1221200 1 Applicant Signature Si'th cribed and sworn to before me this r_`"r f C., 3 p o ka S Public, State of Florida 2. day of r who is personally known to r I- Dr! VCVS l- L M Se as identification. JEANETTE WILLIAMS Commission DD 630052 Expires February 28, 2011 Boded Thu Toy Fain Insurance 800385.7019 aa1TeKH.onoA 6 by me, or has produced Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 \wp- tSrm \a p pl i cat.wpd rev. 7/2007 Brief Curriculum Vitae for Eric G. Spokas, Ph.D. April 2009 ACADEMIC APPOINTMENTS: Current faculty appointment (Aug 2007 to present): Adjunct Instructor in Biology Chemistry, Indian River State College, Fort Pierce, FL Previous faculty appointments: Science Technology Research Institute Fellow, Rider University, Lawrenceville, NJ, Dept of Chemistry 2006 -June 2008 Assistant Professor, Rowan Univ., Glassboro, NJ, Dept of Chemistry Biochem. 2003 -2006 Assistant Professor, UMDNJ School of Osteopathic Med., Dept of Cell Biology 1998 2003 Adjunct Assistant Prof., UMDNJ School of Osteopathic Med., Dept of Cell Biology 1995 -1998 Sr. Research Scientist, Florida Tech, Melbourne,FL, Institute of Medicinal Chemistry 1989 -1991 Assistant Professor, NY Medical College, Valhalla, NY, Dept of Pharmacology 1981 -1985 DRUG DISCOVERY POSITIONS: Assistant Research Pharmacologist (BS level scientist), Sterling Winthrop Research Institute, Rensselaer, NY Research Scientist, Cardiovascular Disease Research, Searle Monsanto, Skokie IL GRANTS: Most recent (1998- 2007): Principal Investigator on an Academic Research Enhancement Award (from NIH National Institute of Environmental Health Sciences) Project title: "Effect of Lead on Ion Transport in Fathead Gill" Previous Fellow of the National Kidney Foundation Local Heart Association Westchester (NY) Chapter of American Heart Association NIH National Heart, Lung and Blood Institute RO 1 grant NIH National Heart, Lung and Blood Institute New Investigator Award SIGNIFICANT COMMITTEE MEMBERSHIPS AND HONORS: Exchange Scientist, US -Italy Joint Agreement in the Cardiovascular Area (NHLBI Program) Elected to Sigma Xi Scientific Research Society by Florida Tech Chapter Cardiotoxicity Task Force, Searle Research and Development, Skokie IL Governor's Advisory Committee, Alzheimer's Disease Initiative representing supervisor (Dr. Joshua Rokach, Florida Tech) for State of Florida City of Melbourne (FL) Watershed Action Committee Environmental Services Steering Committee for Brevard County (FL) Public Schools Co- chair, Metal Toxicity Session, Annual Meeting of Society of Toxicology, Cleveland OH 1997 Safety Officer, Dept of Pharmacology, New York Medical College Graduate School Admissions Committee, Pharmacology Dept, New York Medical College UMDNJ -SOM Medical School Curriculum Committee Admissions Committee, Molecular Cellular Biochemistry Program at UMDNJ Graduate School of Biomedical Sciences, Stratford Division, Question writer /item writer for National Board of Osteopathic Medical Examiners (COMLEX Exam) PUBLICATION RECORD: Over 30 original research papers or book chapters. I NAM ra 5 ciImtn HOME ADDRESS: g3(40 mu !berry (cif LSP,hr ttan1 P- (33 HOME PHONE:5 I -Cf a80 HOME FAX: E -MAIL: A, sr.Immb( 6a60tfh. BUSINESS: 6e\ e ,n toyed `1 BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? yes HOW LONG? (o yrs DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? H DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? NO WHICH BOARDS /COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) CONSTRUCTION BOARD (permanent board meets once a month)* HANDICAPPED SELF EVALUATION COMMITTEE (permanent board meets quarterly) PLANNING AND ZONING COMMISSION (permanent board meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) `NATURAL RESOURCES BOARD (permanent board meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) 3 rn n et APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) to Years as a. cu6ic r 6erv►ce re -fir us prl a years. manager of --he vPs e.. a Yettrr College, HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? I hg»e been rased ►n lon�ka Pia ►n tw Id 1v rescue. 'c* 1 wawa Voce i o OF is a rrmgpr e1 A-o cociss on re•ccans LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: (2,-re eperience HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? NC) HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? 1 ,vs WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? yes 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 omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board ;tte: is availabl r uested. Ili 4_e 4P124. Ali Subscribed and swom to before me this Barba Sam or) r Fl- Dry ve ry LA ce,hs a as identification. Public, State of Florida Please retum to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 \wp- form\applicat.wpd rev. 7/2007 NOTARY PU.JG WWWRONOA who is plicant Signature JWILLIAMS 1 3005 Expires Febnauy 28, 2011 Bonded mhu Twy Feb Inmate MOMS-7019 5 44k day of Sept DO br personally known to me, or has produced cJIYc HOME OF PELICAN ISLAND PRESS RELEASE The City of Sebastian has the following volunteer board openings: Natural Resources Board Regular Member Term to Expire 7/2013 Regular Member Term to Expire 7/2013 Regular Member Term to Expire 7/2013 Alternate Member Term to Expire 7/2011 Alternate Member Term to Expire 7/2012 ALL MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. IF COUNCIL FILLS A REGULAR MEMBER POSITION WITH AN ALTERNATE MEMBER, COUNCIL RESERVES THE RIGHT TO FILL THE ALTERNATE POSITION WITH REMAINING APPLICANTS. MEETING TIMES AND APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR ON WWW.CITYOFSEBASTIAN.ORG APPLICATIONS WILL BE ACCEPTED UNTIL FILLED. Albert Alvarez 492 Quarry Lane Sebastian, FL 32958 alalvarez(caoIcom Apptd 7/29/09 Term expires 7/2011 532 -8767 Robin Graves Chair 525 Michael Street Sebastian, FL 32958 Mugwort2u anvahoo.com Apptd 9/24/08 Term expires 7/2012 918 -8868 Ken Grudens 931 Starflower Avenue Sebastian, FL 32958 kengrudens ©bel lsouth. net 581 -0272 Apptd 9/24/08 Term expires 7/2011 Barbara Salmon 836 Mulberry Street Sebastian, FL 32958 salmonb@bellsouth.net 581 -9280 Apptd 5/13/09 Term expires 7/2010 Eric Spokas Vice Chair Apptd 6/10/09 Term expires 7/2010 131 Bellamy Trail Sebastian, FL 32958 drspoks ©aol.com 918 -8137 Jane Schnee 1022 Foster Road, Apt. A Sebastian, FL 32958 sunwrent( aol.com Apptd 2/10/10 Term expires 7/2011 589 -3201 Vacant Term expires 7/2010 Vacant (alternate) Term expires 7/2011 Vacant (alternate) Term expires 7/2012 Board Liaison Environmental Planner NATURAL RESOURCES ADVISORY COMMITTEE Subject: Certification of proposed millage rate Ap rov f Submittal by: City Manager If j Agenda No. /0. Department is A istrative Services City Attorney: City Clerk: Date Submitted: July 2010 For Agenda of: July 28, 2010 le Exhi its: Form DR -420, Certification of Taxable Value, Recommended Millage Rate of 3.5940 Form DR-420 MM -P, Maximum Millage Levy Preliminary Disclosure Forms DR-420 TIF, District 2A and 2B Report from Budget Review Committee Alternative Millages Rate Added Funds Explanation Current Millage 3.3456 Millage necessary to balance the recommended budget. Additional Operation and Maintenance Millage 3.5940 229 Millage that allows a reduction to LOGT and Stormwater Fund transfers. Rolled -back (Rolled forward) Millage 3.9019 515 Millage that generates the same tax proceeds as last year. Majority Vote Millage 4.5088 1,076,889 Millage permitted to be adopted by majority vote. HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY Pursuant to F.S.200.065 (b), each taxing authority shall advise the Property Appraiser of its proposed millage rate, its rolled -back rate, and of the date, time, and place at which a public hearing will be held to consider the proposed millage rate and the tentative budget within thirty-five (35) days of certification of value. The currently proposed budget for General Fund assumes the same 3.3456 millage as last year and projects a shortfall of projected revenues of about $82,565. It is anticipated that satisfactory collective bargaining unit discussions with the PEA and PBA will address this difference. With taxable values dropping by about 15 Staff identified several alternatives. Although we will be proposing the current millage of 3.3456, a higher millage should be adopted as the proposed millage to be submitted on the DR -420. The alternatives are: The Budget Advisory Board voted to recommend a millage of 3.5940. This could allow the transfers currently budgeted from the Local Option Gas Tax ($175,000) and Stormwater Utility Fund ($500,000) to be reduced by $125,000 to $50,000 and by $105,000 to $395,000, respectively. Those funds could then be applied to capital improvements in those Funds, rather than offsetting ongoing maintenance charges in General Fund. The State allows the proposed millage to be reduced between now and final adoption but it may not be increased without notification by first class mail to every taxpayer (at the City's expense). With this, we believe it is prudent to set the proposed millage higher than the 3.3456 millage currently assumed in the proposed budget to allow some flexibility as the City Council reviews the proposed budget and considers the millage it wants to adopt at the final budget hearings scheduled for September 13 and September 22n RECOMMENDED ACTION Staff recommends that the City Council approve a motion to set the proposed millage rate at 3.5940 and authorize the City Manager to execute the Form DR -420, Form DR- 420MM -P and Forms DR- 42011F. I SECTION 1: COMPLETED BY PROPERTY APPRAISER 1 Current year taxable value of real property for operating purposes 928,098,775 (1) Current year taxable value of personal property for operating purposes 45,387,668 (2) 3 Current year taxable value of centrally assessed property for operating purposes 1,038,695 (3) 4. Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Line 3) 974,525,138 (4) 5. Current year net new taxable value (Add new construction, additions, rehabilitative improvements increasing assessed value by at least 100 annexations, and tangible personal property value over 115% of the previous year's value. Subtract deletions.) 6,810,740 (5) 6. Current year adjusted taxable value (Line 4 minus Line 5) 967,714,398 (6) 7. Prior year FINAL gross taxable value from prior year applicable Form DR-403 series 1,149,168,546 (7) 8 Does the taxing authority include tax increment financing areas? If yes, enter number of worksheets (DR- 420TIF) attached. If none, enter 0 No Number (8) I v l Yes n Does the taxing authority levy a voted debt service millage or a millage voted for 2 years or less under s. 9(b), Article VII, State Constitution? (If yes, enter the number of forms DR- 420DEBT, Certification of Voted Debt Millage for each debt service levy.) (15) No Number (9) Yes per $1000 3a3H .:N21S Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. Signature of Property Appraiser Date SECTION II: COMPLETED BY TAXING AUTHORITY 2010 County If this portion of the form is not completed in FULL your authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is not applicable, -0 Principal Authority 10. Prior year operating millage levy (If prior year millage was adjusted then use adjusted millage from Form DR -422) 3.3456 per $1,000 (10) 11. Prior year ad valorem proceeds (Line 7 multiplied by Line 10, divided by 1,000) 3,844,658 (11) 12. Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a dedicated increment value (Sum of either Lines 6c or Line 7a for all DR- 420T1F forms) 249,969 (12) 13. Adjusted prior year ad valorem proceeds (Line 11 minus Line 12) 3,594,689 (13) 14. Dedicated Increment value, if any (Sum of either Line 6b or Line 7e for all DR-420T1F forms) 46,457,100 (14) 1 S. Adjusted current year taxable value (Line 6 minus Line 14) 921,257,298 (15) 16. Current year rolled -back rate (Line 13 divided by Line 15, multiplied by 1,000) 3.9019 per $1000 (16) 17. Current year proposed operating millage rate 3.5940 per $1000 (17) 18 Total taxes to be levied at proposed millage rate (Line 17 multiplied by Line 4, divided by 1,000) 3,502,443 (18) Year 2010 County Indian River Principal Authority Municipality Taxing Authority City of Sebastian DEPARTMENT OF REVENUE CERTIFICATION OF TAXABLE VALUE DR -420 R.6/10 Rule 12D- 16.002 Florida Administrative Code Continued on page 2 1 20. TYPE of principal authority (check one) 0 County Municipality El Independent Special District O Water Management District Applicable taxing authority (check one) Principal Authority 0 MSTU 0 Dependent Special District O Water Management District Basin Is millage levied in more than one county? (check one) J Yes 0 No STOP (19) (20) 22. 23. 24. 25. 27. Enter the total adjusted prior year ad valorem proceeds of the principal authority, all dependent special districts, and MSTUs levying a millage. (The sum of Line 13 from all DR -420 forms) Current year aggregate rolled -back rate (Line 22 divided by Line 15, multiplied by 1,000) Current year aggregate rolled back taxes (Line 4 multiplied byline 23, divided by 1,000) Enter total of all operating ad valorem taxes proposed to be levied by the principal taxing authority, all dependent districts, and MSTUs, if any. (Total of Line 18 from all DR -420 forms) Current year proposed aggregate millage rate (Line 25 divided by Line 4, multiplied by 1,000) Current year proposed rate as a percent change of rolled -back rate (Line 26 divided by Line 23, minus 1. multiplied by 100) 3,594,689 3.9019 per $1,000 3,802,500 3,260,371 3.5940 per $1,000 -7.89 (22) (23) (24) (25) (26) (27) First public budget hearing Date 09/13/2010 Time 5:30 p.m. Place City Council Chambers, 1225 Main Street, Sebastian, FL 32958 DR -420 R. 6/10 Page 2 Instructions on page 3 W CC W 0 to Taxing Authority Certification I certify the millages and rates are correct to the best of my knowledge. The millages comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s. 200.081, F.S. Signature of Chief Administrative Officer Date 07/29/2010 Title City Manager Contact Name Ken Killgore Mailing Address 1225 Main Street Physical Address 1225 Main Street, Sebastian, FL 32958 City, State, Zip Sebastian, FL 32958 Phone Number 772 388 -8205 Fax Number 772 388 -8249 1 20. TYPE of principal authority (check one) 0 County Municipality El Independent Special District O Water Management District Applicable taxing authority (check one) Principal Authority 0 MSTU 0 Dependent Special District O Water Management District Basin Is millage levied in more than one county? (check one) J Yes 0 No STOP (19) (20) 22. 23. 24. 25. 27. Enter the total adjusted prior year ad valorem proceeds of the principal authority, all dependent special districts, and MSTUs levying a millage. (The sum of Line 13 from all DR -420 forms) Current year aggregate rolled -back rate (Line 22 divided by Line 15, multiplied by 1,000) Current year aggregate rolled back taxes (Line 4 multiplied byline 23, divided by 1,000) Enter total of all operating ad valorem taxes proposed to be levied by the principal taxing authority, all dependent districts, and MSTUs, if any. (Total of Line 18 from all DR -420 forms) Current year proposed aggregate millage rate (Line 25 divided by Line 4, multiplied by 1,000) Current year proposed rate as a percent change of rolled -back rate (Line 26 divided by Line 23, minus 1. multiplied by 100) 3,594,689 3.9019 per $1,000 3,802,500 3,260,371 3.5940 per $1,000 -7.89 (22) (23) (24) (25) (26) (27) First public budget hearing Date 09/13/2010 Time 5:30 p.m. Place City Council Chambers, 1225 Main Street, Sebastian, FL 32958 DR -420 R. 6/10 Page 2 Instructions on page 3 Calculate maximum millage levy 11 Rolled -back rate to be used for maximum millage levy calculation (Enter Line 10 if adjusted or else enter Line 2) 45957 per $1,000 (11) 12. Change in per capita Florida personal income (See Line 12 Instructions) .9811 (12) 13. Majority vote maximum millage rate allowed (Line 11 multiplied by Line 12) 45088 per $1,000 (13) '..14. Two- thirds vote maximum millage rate allowed (Multiply Line 13 by 1.10) 4.9597 per $1,000 (14) .15. Current year proposed millage rate 33940 per $1,000 (15) 16. Minimum vote required to levy proposed millage: (Check one) (16) a. Majority vote of the governing body: Check here, if Line 15 is less than or equal to Line 13. The maximum millage rate is equal to the majority vote maximum rate. Enter Line 13 on Line 17. b. Two- thirds vote of governing body: Check here if Line 15 is less than or equal to Line 14, but greater than Line 13. The maximum millage rate is equal to proposed rate. Enter Line 15 on Line 17. c. Unanimous vote of the governing body, or 3/4 vote if nine members or more: Check here if Line 15 is greater than Line 14. The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17. d. Referendum: The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17. 17. The selection on Line 16 allows a maximum millage rate of (Enter rate indicated by choice on Line 16) 4.5088 per $1,000 (17) 18. Current year gross taxable value from Current Year Form DR -420, Line 4 974,525,138 (18) Adjust rolled -back rate based on prior year majority -vote maximum millage rate 2010 County 5. Prior year final gross taxable value from Current Year Form DR -420, Line 7 Taxing Authority 1,149,168,546 (5) 6 Prior year maximum ad valorem proceeds with majority vote (Line 3 multiplied by Line 5 divided by 1,000) 4,507,729 (6) —7. Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a dedicated increment value from Current Year Form DR-420 Line 12 273,887 (7) 8. Adjusted prior year ad valorem proceeds with majority vote (Line 6 minus Line 7) 4,233,842 (8) 9. Adjusted current year taxable value from Current Year form DR-420 Line 15 921,257,298 (9) 10. Adjusted current year rolled -back rate (Line 8 divided by Line 9, multiplied by 1,000) 4.5957 per $1,000 (10) Year 2010 County Indian River Principal Authority Municipality Taxing Authority Sebastian DEPARTMENT OF REVENUE MAXIMUM MILLAGE LEVY CALCULATION PRELIMINARY DISCLOSURE For municipal governments, counties, and special districts DR- 420MM -P R. 6/10 Rule 12D- 16.002 Honda Administrative Code 1 Is your taxing authority a municipality or independent special district that has levied ad valorem taxes for less than 5 years? Current year rolled -back rate from Current Year Form DR -420, Line 16 Prior year maximum millage rate with a majority vote from 2009 Form DR- 420MM, Line 13 Prior year operating millage rate from Current Year Form DR -420, Line 10 El Yes is No IF YES, STOP STOP HERE. SIGN AND SUBMIT. You are not subject to a millage limitation. 3.9016 per $1,000 3.9226 per $1,000 3.3456 per $1,000 (4) Continued on page 2 a-u•. ci IL ycai proposed taxes (Line LS multiplied by Line 18, divided by 1,000) 3,502,443 (19) 20 Total taxes levied at the maximum millage rate (Line 17 multiplied byline 18, divided by 1,000) 4,393,939 (20) STOP 21. Enter the current year proposed taxes of all dependent special districts MSTUs levying a millage (The sum of all Lines 19 from each district's Form DR-420 MM -P) (21) 22. Total current year proposed taxes (Line 19 plus Line 21) 3,502,443 (22) Total Maximum Taxes 23. Enter the taxes at the maximum millage of all dependent special districts MSTUs levying a millage (The sum of all Lines 20 from each district's Form DR-420 MM -P) (23) 24. Total taxes at maximum millage rate (Line 20 plus line 23) 4,393,939 (24) Total Maximum Versus Total Taxes Levied 25. Are total current year proposed taxes on Line 22 equal to or less than total taxes at the maximum millage rate on Line 24? (Check one) Yes I No fI (25) SIGN HERE Taxing Authority Certification I certify the millages and rates are correct to the best of my knowledge. The millages comp y with the provisions of s. 200.065 and the provisions, of either s. 200.071 or s. 200.081, F.S. Signature of Chief Administrative Officer Date July 29, 2010 Title City Manager Contact Name Ken Killgore Mailing Address 1225 Main Street Physical Address 1225 Main Street City, State, Zip Sebastian, FL 32958 Phone Number 772 388 -8205 Fax Number 772 388 -8249 Complete and submit this Form DR- 420MM -P, Maximum Millage Levy Calculation Preliminary Disclosure, to your property appraiser with the Form DR -420, Certification of Taxable Value. Instructions on page 3 DR- 420MM -P R. 6/10 Page 2 Year County Indian River Principal Authority Municipality Taxing Authority City of Sebastian Community Redevelopment Area Redevelopment District 2A Base Year 1994 6b. Dedicated increment value (Line 3 multiplied by the percentage on Line 6a) If value is zero or less than zero, then enter zero on Line 6b 42,079,053 SECTION 1: COMPLETED BY PROPERTY APPRAISER Amount of payment to redevelopment trust fund in prior year 1. Current year taxable value in the tax increment area 79,253,610 (1) 2. Base year taxable value in the tax increment area 34,959,870 (2) 3. Current year tax increment value (Line 1 minus Line 2) 44,293,740 (3) 4s, Prior year Final taxable value in the tax increment area 96,905,620 (4) 5. Prior year tax increment value (Line 4 minus Line 2) 61,945,750 (5) Z w H Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. Signature of Property Appraiser Date 6. If the amount to be paid to the redevelopment trust fund IS BASED on a specific proportion of the tax increment value: 6a. Enter the proportion on which the payment is based. 95 (6a) 6b. Dedicated increment value (Line 3 multiplied by the percentage on Line 6a) If value is zero or less than zero, then enter zero on Line 6b 42,079,053 (6b) 6c. Amount of payment to redevelopment trust fund in prior year 223,426 (6c) 7. If the amount to be paid to the redevelopment trust fund 15 NOT BASED on a specific proportion of the tax increment value: 7a. Amount of payment to redevelopment trust fund in prior year (7a) 7b. Prior year operating millage levy from Form DR -420, Line 10 per $1,000 (7b) 7c Taxes levied on prior year tax increment value (Line 5 multiplied by Line 7b, divided by 1,000) (7c) 7d Prior year payment as proportion of taxes levied on increment value (Line 7a divided by Line 7c, multiplied by 100) (7d) 7e Dedicated increment value (Line 3 multiplied by the percentage on Line 7d) If value is zero or less than zero, then enter zero on Line 7e (7e) Taxing Authority Certification I certify the calculations, millages and rates are correct to the best of my knowledge. Signature of Chief Administrative Officer Date HERI Title City Manager Contact Name Ken Killgore Mailing Address 1225 Main Street Physical Address 1225 Main Street City, State, Zip Sebastian, FL 32958 Phone Number 772- 388 -8205 Fax Number 772 388 -8249 F L 0 P. DEPARTMENT Of REVENUE TAX INCREMENT ADJUSTMENT WORKSHEET Instructions on page 2 DR- 420T1F R. 6/10 Rule 12D- 16.002 Florida Administrative Code 6. If the amount to be paid to the redevelopment trust fund IS BASED on a specific proportion of the tax increment value: 6a. 6b. 6c. 7. If the amount to be paid to the redevelopment trust fund IS NOT BASED on a specific proportion of the tax increment value: 7a. 7b. 7c. 7d. 7e. W cc W 2 Z rei l7 Enter the proportion on which the payment is based. Dedicated increment value (Line 3 multiplied by the percentage on Line 6a) If value is zero or Tess than zero, then enter zero on Line 6b Amount of payment to redevelopment trust fund in prior year Amount of payment to redevelopment trust fund in prior year Prior year operating millage levy from Form DR -420, Line 10 Taxes levied on prior year tax increment value (Line 5 multiplied by Line 7b, divided by 1,000) Prior year payment as proportion of taxes levied on increment value (Line 7a divided by Line 7c, multiplied by 100) Dedicated increment value (Line 3 multiplied by the percentage on Line 7d) If value is zero or less than zero, then enter zero on Line 7e Taxing Authority Certification Signature of Chief Administrative Officer Title City Manager Mailing Address 1225 Main Street City, State, Zip Sebastian, FL 32958 Phone Number 772 388 -8205 95 4,378,047 26,543 per $1,000 (6a) (6b) (6c) (7a) (7b) (7c) (7d) (7e) I certify the calculations, millages and rates are correct to the best of my knowledge. Date Contact Name Ken Kiligore Physical Address 1225 Main Street Fax Number 772- 388 -8249 7 o DEPARTMENT OF REVENUE TAX INCREMENT ADJUSTMENT WORKSHEET Instructions on page 2 DR- 420TIF R. 6/10 Rule 12D- 16.002 Florida Administrative Code Year County Indian River Principal Authority Municipality Taxing Authority City of Sebastian Community Redevelopment Area Redevelopment District 2B Base Year 1994 SECTION 1: COMPLETED BY PROPERTY APPRAISER 1. Current year taxable value in the tax increment area 11,210,580 (1) 2. Base year taxable value in the tax increment area 6,602,110 (2) 3. Current year tax increment value (Line 1 minus Line2) 4,608,470 (3) 4. Prior year Final taxable value in the tax increment area 14,953,400 (4) 5. Prior year tax increment value (Line 4 minus Line 2) 8,351,290 (5) 3a3H NDIS Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. Signature of Property Appraiser I Date 6. If the amount to be paid to the redevelopment trust fund IS BASED on a specific proportion of the tax increment value: 6a. 6b. 6c. 7. If the amount to be paid to the redevelopment trust fund IS NOT BASED on a specific proportion of the tax increment value: 7a. 7b. 7c. 7d. 7e. W cc W 2 Z rei l7 Enter the proportion on which the payment is based. Dedicated increment value (Line 3 multiplied by the percentage on Line 6a) If value is zero or Tess than zero, then enter zero on Line 6b Amount of payment to redevelopment trust fund in prior year Amount of payment to redevelopment trust fund in prior year Prior year operating millage levy from Form DR -420, Line 10 Taxes levied on prior year tax increment value (Line 5 multiplied by Line 7b, divided by 1,000) Prior year payment as proportion of taxes levied on increment value (Line 7a divided by Line 7c, multiplied by 100) Dedicated increment value (Line 3 multiplied by the percentage on Line 7d) If value is zero or less than zero, then enter zero on Line 7e Taxing Authority Certification Signature of Chief Administrative Officer Title City Manager Mailing Address 1225 Main Street City, State, Zip Sebastian, FL 32958 Phone Number 772 388 -8205 95 4,378,047 26,543 per $1,000 (6a) (6b) (6c) (7a) (7b) (7c) (7d) (7e) I certify the calculations, millages and rates are correct to the best of my knowledge. Date Contact Name Ken Kiligore Physical Address 1225 Main Street Fax Number 772- 388 -8249 7 o DEPARTMENT OF REVENUE TAX INCREMENT ADJUSTMENT WORKSHEET Instructions on page 2 DR- 420TIF R. 6/10 Rule 12D- 16.002 Florida Administrative Code Ed Herlihy, Chairman Chris Vicars, Vice Chairman Jerry Klenck Ed Kroah Harry Marshall Brad White Adrina Davis 2011 BUDGET REPORT FROM SEBASTIAN BUDGET REVIEW COMMITTEE TO SEBASTIAN CITY COUNCIL The Sebastian Budget Review Advisory Board (Budcom) consists of seven members. The Budcom met several times with the City Manager and staff to discuss the 2011 City budget. Topics of discussion included: Overall General Fund expenditures Police Department operations Police car needs and uses Police Chapter 185 Retirement costs now and future Enterprise Funds including Golf Course, Airport and Building Department City Garage and whether to privatize Electric costs Personnel and possible reductions Medical insurance and other benefit costs. Other City Insurance Labor negotiations targets Property tax rates Airport FDOT grant and city contribution Mandatory trash pickup Added one cent gas sales tax On June 14, 2010, the Budcom met to receive the first draft of the 2011 budget from the City Manager. At that time, the budget was predicated on an estimated Assessed Valuation of $983,000,000, a reduction of 15.4% over 2010. The projected budget has a "shortfall" of $101,957. Many of the items noted above were discussed looking towards a final Assessed Valuation number from the Indian River Property Assessor around July 1St The final Budcom meeting took place on July 12, 2010. The final assessed valuation figures with adjustments to General Fund accounts left a planned deficit of $82,565 based on leaving the tax rate at 3.3456, same as 2010. The Budcom members expressed some concern about the need for added funds for operations and maintenance of City equipment including computer hardware /software and DPW equipment. The longer the City goes without updating and maintaining our equipment, the more it will cost in the long run. The City Manager and staff present four property tax options for 2011. Current Millage 3.3456 Additional Operation Maintenance Millage 3.5940 +230,000 Rolled -back (Rolled forward) Millage 3.9019 +515,000 Majority Vote Millage 4.5088 +1,077,000 After much discussion and several votes, the Budcom recommends to the City Council a millage rate of 3.5940. This millage rate would be the maximum amount to be raised by property taxes to be shown on State of Florida Form DR- 420. The effect of the proposed millage rate will still result in an actual tax reduction on a typical property. For example, the actual property tax for Sebastian on a property valued at $200,000 would be reduced under this proposal. Keep in mind that average assessed property values dropped 15.6 2010 Property at $200,000 $50,000 (Exemption) $150,000 X 3.3456 $501.84 2011 Property at $200,000 —15.6% $168,800 $50,000 (exemption) $118,800 X 3.5940 $426.97 This would create a net drop of $74.87 in actual taxes paid in 2011. Other recommendations made by the Budcom to the City Council include: Sebastian notifies the County Commission that the City recommends an increase of one cent in the County gas tax. The City Council only approve spending $290,000 on the FDOT grant to construct a manufacturing building at the Airport if there is an approved lease in place. The Budcom turned down two proposed recommendations. They include privatizing the City garage and mandatory trash collection. The following are areas of concern that were discussed with the City Manager and staff. We bring these items to the attention of the City Council so that they will be aware of them as the Council proceeds through the budget process. 1. The Chapter 185, Police Retirement Fund, is increasing at an alarming rate. The increase between 2010 and 2011 is projected at 37% to $562,316. If this stays in the 37% range, the City contribution could be as much as $1,979,000 in 2015. This is an "unfunded" mandate from the State. Action needs to be taken to control this large expenditure. 2. The cost of the Sebastian Police Department continues to exceed the total property tax collected. Typically, the Florida League of Cities says that the amount should be in the 70 -80% range. Some of this comes from Sebastian's low property tax assessment. However, the costs in the Department need to be watched closely in the future. It should also be noted that the City has no other emergency services of its own to assist the Police Department. The City also enjoys a low crime rate which is a credit to our Police Department. 3. We continue everyone's concem about the lack of revenue in the Building Department fund. This will become a matter of greater concern in the next two years and the fund nears depletion of its surplus. 4. The City Manager and staff have spent a great deal of time analyzing whether to "privatize" the City garage. In the final analysis, there did not seem to be much difference cost and there were added personnel problems. We believe that for the time being, it is better to leave the garage operations as proposed in the budget. 5. Last year, the Budcom recommended that the City start sharing more medical costs with the employees. The proposal this year is to impose a $50 per month assessment for medical insurance. We believe this is a fair assessment. 6. We discussed mandatory trash pickup for some time. In the final analysis, we turned the idea down, especially as the City voted in down in 2003, we believe. 7. The Budcom does NOT recommend taking any funds from the General Fund reserve to defray property taxes. We need to keep this reserve in the same range as it is now in case of emergencies. Keep in mind the story of Lakeland this winter. The strawberry farmers pumped millions of gallons from the local water table. Sink holes appeared all over the city. Cost of repairs depleted their general fund reserve. All it takes is one storm to expend much of our fund. In summary, the City Manager and staff have again done an excellent job of preparing the 2011 budget. The City is in excellent financial shape, especially when compared to other cities in the County and in Florida. We will be prepared to discuss the budget recommendations and other budget matters in detail at the July 28 City Council meeting mra 5E�riAl1t HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Police Pension Chapter 185 Plan, Changes in State and Federal Regulations, Ordinance No. 10 04 Ap r Submittal by: r, City Manager Agenda No. 0. 1 Dep ent 0 'gin: Administrative Services .4 .4 /r gir i IIP Finance Director: City Clerk: City Attorney: Date Submitted: June 29, 2010 For Agenda of: July 28, 2010 Exhibits: 1. Letter of Proposed Ordinance, from the Law Offices of Christiansen Definer, P.A., dated December 10, 2009. 2. Letter of No Financial Impact from Foster Foster Inc., Actuarial Consultants, dated June 15, 2010 3. Ordinance No. 10 -04 EXPENDITURE REQUIRED:0.00 AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: 0.00 SUMMARY Christiansen Dehner, P.A. are the City of Sebastian's, Police Officers Chapter 185 Retirement Plan's Legal Counsel. The attached letter from H. Lee Definer summarizes the required changes that must be implemented. The changes will insure the plan continues to maintain its tax qualification status under the Internal Revenue Code and comply with Chapter 2009 -07, Laws of Florida., regarding the changes to the board of trustee's terms of office and investment policy. Per the attached letter from Foster Foster Inc., the pension plans actuarial consultants there is no financial impact to the City as a result of these changes. Mr. Lee Delmer, from Christiansen Dehner, P.A., is available to answer any questions. RECOMMENDED ACTION Move to pass Ordinance No. 10 -04 on 1 hearing and set public hearing for August 25, 2010. Law Offices Christiansen Dehner, P.A. 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240.941- 377.2200 Fax 941- 377 -4848 Mr. Bob Zomok Sebastian Police Officers' Retirement System 1225 Main Street Sebastian, Florida 32958 Dear Bob: December 10, 2009 Re: City of Sebastian Police Officers' Retirement System Proposed Ordinance Enclosed please find a proposed ordinance amending the City of Sebastian Police Officers' Retirement System, which is recommended for approval by the Board and adoption by the City Council. With the adoption of the Pension Protection Act of 2006 and subsequent regulations and guidance from the Internal Revenue Service, as well as other changes to the Internal Revenue Code and Regulations, changes to State law and the recent adoption of Chapter 2009 -97, Laws of Florida, the following amendments to the pension plan are proposed: 1. Section 185.02, Definitions, is being amended for Internal Revenue Code (IRC) changes and changes to the Uniformed Services Employment and Reemployment Rights Act (USERRA), to amend the definitions of: a. Compensation or Salary IRC b. Creditable Service USERRA c. Actuarial Equivalent added IRC 2. Section 185.05(1)(a), Board of trustees; members; terms of office; meetings; legal entity; costs; attorney's fees, is being amended to increase the terms of office for the members of the board from two years to four years. 2009 -97 LOF 3. Section 185.06(1)(b)4.b., General powers and duties of board of trustees, is being amended to allow equity investments of an amount of up to 70 percent at market value of the fund's assets. 4. Section 185.07(1)(b), Creation and maintenance of fund, is being amended to reflect that member contributions are being made on a pre -tax basis, in accordance with Internal Revenue Code Section 414(h). 5. Section 185.16(2), is being restated in a different section of the ordinance to reflect the current 3.0% benefit multiplier. 6. Section 185.16, Requirements for retirement, is being amended to add subsection (5), Required Distribution Date. IRC Mr. Bob Zomok December 10, 2009 Page 2 7. Section 185.21, Death prior to retirement; refunds of contributions or payment of death benefits, is being amended to comply with IRC changes regarding non spouse beneficiaries. 8. Section 185.161, Optional forms of retirement income, has been amended to: a. Cite an appropriate Treasury Regulation IRC b. Add a new subsection (2)(e) IRC c. Add a new subsection (4) IRC 9. Section (k), Maximum Pension, has been added to reflect the revised requirements of Section 415 of the Internal Revenue Code. These changes are necessary in order to maintain the tax qualification of the pension plan. 10. Section (I), Minimum Distribution of Benefits, has been added to incorporate changes to the minimum distribution requirements of Internal Revenue Code Section 401(a)(9). These changes are based upon model language supplied by the IRS for inclusion in tax- qualified pension plans. 11. Section (m) Miscellaneous provisions, is being added for changes to the IRC and USERRA. 12. Section (n), Direct Transfers of Eligible Rollover Distributions;. Elimination of Mandatory Distributions, is being added to provide for provisions concerning transfers of eligible rollover distributions. This language is required by recent changes in federal law to be included in the plan with regard to lump sum rollovers out of the plan. Subsection (2) of this section entitled "Rollovers or Transfers into the Fund" takes advantage of the changes in federal law which became effective on January 1, 2002 to allow members to roll money into the plan from other pension programs for the purpose of purchasing credited service. We are recommending these changes to insure that our plan continues to maintain its tax qualification status under the Internal Revenue Code. By copy of this letter to the Board's actuary, Foster Foster, I am requesting that they provide you with a letter indicating the cost, if any, associated with the adoption of this ordinance. If you have any questions with regard to this ordinance, please feel free to give me a call. Yours very truly, H. Lee Dehner HLD /dm enclosure e -copy: Patrick Donlan, with enclosure Debra Krueger, with enclosure Foster&Foster. Actuarial Consultants for Retirement Programs June 15, 2010 Ms. Debra Krueger HR Director Sebastian Police Officers' Retirement System 1225 Main Street Sebastian, FL 32958 Re: City of Sebastian Police Officers' Retirement System Dear Debra: In response to the letter from H. Lee Dehner dated December 10, 2009, we have reviewed the proposed Ordinance, amending the plan's definition of Actuarial Equivalence in addition to incorporating recent changes to the internal Revenue Code and Chapter 2009 -97, Laws of Florida. We have determined that its adoption will have no impact on the assumptions used in determining the funding requirements of the program. Because the changes do not result in a change in the valuation results, it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, it is recommended that you send a copy of this letter and a copy of the fully executed Ordinance to each of the following offices: Mr. Keith Brinkman Bureau of Local Retirement Systems Division of Retirement P. O. Box 9000 Tallahassee, FL 32315 -9000 If you have any questions, please let me know. Sincerely, atrick T. Donlan PTD /mjg Cc: H. Lee Dehner, Plan Attorney Patricia Shoemaker Municipal Police and Fire Pension Trust Funds Division of Retirement P.O. Box 3010 Tallahassee, FL 32315 -3010 0 13420 Parker Commons Blvd., Suite 104 Fort Myers, Florida 33912.239- 433 -5500 Fax 239 481 -0634 www.foster-foster. 1 q 80 ORDINANCE NO 10 -04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE AND CONFLICTS. WHEREAS, in 1989 the City instituted a Chapter 185 police pension plan; and WHEREAS, the legislative history of said pension plan, including each subsequent amendment thereto, has stated the intention that said plan be a statutory chapter plan; and WHEREAS, the City Code language provides that any provisions of the City Code inconsistent with a Chapter 185 plan shall not be given effect; and WHEREAS, it has been determined that the best means for the City of Sebastian to remain in compliance with Chapter 185 requirements is to directly adopt said Chapter 185 with the following minimum changes necessary; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1: That the Code of Ordinances, City of Sebastian, Florida, section 58 -46, is hereby amended to read as follows: Sec. 58 46. Maintenance of Statutory Chapter Plan. The City of Sebastian shall maintain a Statutory Chapter Plan for police officers' pensions in accordance with the provisions of Florida Statutes Chapter 185 subject to the following provisions: (1). In calculating the rctiremcnt benefit for any officer retiring subsequent to May 31, e! 0 and (2). Mcmbcr contributions shall remain at 5% of salary. fiLl Notwithstanding the provisions of F.S. 185.02(4) (c) to the contrary: For any person who first becomes a member in any plan year beginning on or after January 1, 1996, compensation min excess of the Internal Revenue Code 401(a)(17) limitation (-as 1 Cr? 0,6 as of the first day of the Plan Year shall be disregarded for any purpose, including employee contributions or any benefit calculations. The annual compensation of each member taken into account in determining benefits or employee contributions for any Plan Year beginning on or after January 1, 2002, may not exceed $200,000, as adjusted for cost -of -living increases in accordance with Code Section 401(a)(17)(B). Compensation means compensation during the fiscalyear. The cost -of- living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. If the determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a Member's contributions er benefits for the current Plan Year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period. Q Notwithstanding the provisions of Section 185.02(5) d. to the contrary: (d) 2. The police officer is entitled to reemployment under The years or fractional parts of a year that a Member performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act USERRA) (P.L.103 -353), after separation from employment as a Police Officer with the City, shall be added to his years of Credited Service for all purposes, including vesting, provided that: 1. The Member is entitled to reemployment under the provisions of USERRA. 2. The Member returns to his employment as a Police Officer within one (1) year from the earlier of the date of his military discharge or 2 his release from active service, unless otherwise required by USERRA. 3. The maximum credit for military service pursuant to this paragraph shall be five (5) years. 4. This paragraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a Member dies on or after January 1, 2007, while performing USERRA Oualified Military Service, the beneficiaries of the Member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the Member had resumed employment and then died while employed. Section 185.02 is hereby amended to add subsection (17) to read: (17) Actuarial Equivalent means a benefit or amount of equal value, determined on the basis of actuarial equivalency using assumptions adopted by the Board such that actuarial assumptions are not subject to City discretion. fth Section 185.05 is hereby amended to add subsection (8), Indemnification, to read: (8) Indemnification. To the extent not covered by insurance contracts in force from time to time, the city shall indemnify, defend and hold harmless members of the board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the board. The city reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the board from the judgment, execution, or levy thereon. This section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this section waive any provision of law affording the city immunity from any suit in whole or part, or waive any other substantive or procedural rights the city may have. This section shall not apply nor shall the city be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the board which constitute felonies or gross malfeasance or gross misfeasance in office. (e) Notwithstanding the provisions of F.S. 185.05(1) (a) to the contrary: 3 (1) (a) The membership of the board of trustees for chapter plans consists of five members, two of whom, unless otherwise prohibited by law, must be legal residents of the municipality and must be appointed by the legislative body of the municipality, and two of whom must be police officers as defined in s.185.02 who are elected by a majority of the active police officers who are members of such plan. With respect to any chapter plan or local law plan that, on January 1, 1997, allowed retired police officers to vote in such elections, retirees may continue to vote in such elections. The fifth member shall be chosen by a majority of the previous four members, and such person's name shall be submitted to the legislative body of the municipality. Upon receipt of the fifth person's name, the legislative body shall, as a ministerial duty, appoint such person to the board of trustees. The fifth member shall have the same rights as each of the other four members appointed or elected, shall serve as trustee for a period of 4 years, and may succeed himself or herself in office. Each resident member shall serve as trustee for a period of 4 years, unless sooner replaced by the legislative body at whose pleasure the member serves, and may succeed himself or herself as a trustee. Each police officer member shall serve as trustee for a period of 4 years, unless he or she sooner leaves the employment of the municipality as a police officer, whereupon a successor shall be chosen in the same manner as an original appointment. Each police officer may succeed himself or herself in office. if Notwithstanding the provisions of F.S. 4 185.06(1) (b) 4.b., to the contrary: b. The board of trustees shall not invest more than 5 percent of its assets in the common or capital stock of any one issuing company, nor shall the aggregate investment in any one issuing company, exceed 5 percent of the outstanding capital stock of that company, nor shall the aggregate of its investments under this section at oast market exceed 50 70 percent of the fund's assets. L Notwithstanding the provisions of F.S. 185.07 (1) (b), to the contrary: (1) (b) Except as reduced or increased contributions are authorized by subsection (2), by the payment to the fund of 5 percent of the salary of each full -time police officer duly appointed and enrolled as a member of such police department, which 5 percent shall be deducted by the municipality from the compensation due to the police officer and paid over to the board of trustees of the retirement trust fund wherein such police officer is employed. No police officer shall have any right to the money so paid into the fund except as provided in this chapter. Member contributions withheld by the city on behalf of the member shall be deposited with the board immediately after each pay period. The contributions made by each member to the fund shall be designated -4- as employer contributions pursuant to 414(h) of the Internal Revenue Code. Such designation is contingent upon the contributions being excluded from the members' gross income for Federal Income Tax purposes. For all otherpurposes of the system, such contributions shall be considered to be member contributions. h� Notwithstanding the provisions of F.S. 185.16(2) to the contrary: The amount of the monthly retirement income payable to a police officer who retires subsequent to May 31, 2002 and on or after his or her normal retirement date shall be an amount equal to the number of the police officer's years of credited service multiplied by 2 3_0 percent of his or her average final compensation. However, if current state contributions pursuant to this chapter are not adequate to fund the additional benefits to meet the minimum requirements in this chapter, only incremental increases shall be required as state moneys are adequate to provide. Such increments shall be provided as state moneys become available. The provisions of Section 185.16 are amended to add subsection (5), to read: Required Distribution Date. The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one -half (70V2) or the calendar year in which the member terminates employment with the city. fil The provisions of Section 185.21, Death prior to retirement; refunds of contributions or payment of death benefits, subsection (2), is amended to read: cal Vested members with spouse beneficiary. This subsection (2) applies only when the member's spouse is the sole designated beneficiary. If a police officer having at least 10 years of credited service dies prior to retirement, his or her spouse beneficiary is entitled to the benefits otherwise payable to the police officer at early or normal retirement age. Notwithstanding anything contained in this section to the contrary, in any event, distributions to the spouse beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date selected pursuant to the above provisions in this section that must be on or before December 31 of the calendar year in which the member would have attained 70'/2. Q If the surviving spouse beneficiary commences receiving a benefit under subsection (1) above, but dies before all payments are made, the actuarial value of the remaining benefit will be paid to the spouse beneficiary's estate in a lump sum. a) Vested members with non spouse beneficiary. This subsection applies only when the member's spouse is not the beneficiary or is not the sole designated beneficiary, but there is a surviving beneficiary. If a police officer having at least 10 years of credited service dies prior to retirement, his or her beneficiary is entitled to the benefits otherwise payable -5- beginning by December 31 of the calendar year immediately following the calendar year in which the member died. The benefit will be calculated as for normal retirement based on the deceased members' credited service and average final compensation and actuarially reduced to reflect the commencement of benefits prior to the normal retirement date. cal If a surviving beneficiary commences receiving a benefit under subsection (3) above, but dies before all payments are made, the actuarial value of the remaining benefit will be paid to the surviving beneficiary's estate by December 31 of the calendar year of the beneficiary's death in a lump sum. If there is no surviving beneficiary as of the member's death, and the estate is to receive the benefits, the actuarial equivalent of the member's entire interest must be distributed by December 31 of the calendar year containing the fifth anniversary of the member's death. The Uniform Lifetime Table in Treasury Regulations 1.401(a)(9) -9 shall determine the payment period for the calendar year benefits commence, if necessary to satisfy the regulations. In the event that a death benefit paid by a life insurance company exceeds the limit set forth in s. 185.061(6), the excess of the death benefit over the limit shall be paid to the municipal police officers' retirement trust fund. However, death benefits as provided pursuant to s. 112.19 or any other state or federal law shall not be included in the calculation of death or retirement benefits provided under this chapter. f The provisions of Section 185.161 are amended to read: (1) (a) In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified in s. 185.16, a police officer, upon written request to the board of trustees and subject to the approval of the board of trustees, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: 1. A retirement income of larger monthly amount, payable to the police officer for his or her lifetime only. 2. A retirement income of a modified monthly amount, payable to the police officer during the joint lifetime of the police officer and a joint pensioner designated by the police officer, and following the death of either of them, 100 percent, 75 percent, 66 /3 percent, or 50 percent of such monthly amount payable to the survivor for the lifetime of the survivor. Except where the retiree's joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See 0 A -2 of 1.401(a) (9) -6) 6- 3. Such other amount and form of retirement payments or benefit as, in the opinion of the board of trustees, will best meet the circumstances of the retiring police officer. The police officer upon electing any option of this section will designate the joint pensioner or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the plan in the event of the police officer's death, and will have the power to change such designation from time to time but any such change shall be deemed a new election and will be subject to approval by the pension committee. Such designation will name a joint pensioner or one or more primary beneficiaries where applicable. If a police officer has elected an option with a joint pensioner or beneficiary and his or her retirement income benefits have commenced, he or she may thereafter change the designated joint pensioner or beneficiary but only if the board of trustees consents to such change and if the joint pensioner last previously designated by the police officer is alive when he or she files with the board of trustees a request for such change. The consent of a police officer's joint pensioner or beneficiary to any such change shall not be required. The board of trustees may request such evidence of the good health of the joint pensioner that is being removed as it may require and the amount of the retirement income payable to the police officer upon the designation of a new joint pensioner shall be actuarially predetermined taking into account the ages and sex of the former joint pensioner, the new joint pensioner, and the police officer. Each such designation will be made in writing on a form prepared by the board of trustees, and on completion will be filed with the board of trustees. In the event that no designated beneficiary survives the police officer, such benefits as are payable in the event of the death of the police officer subsequent to his or her retirement shall be paid as provided in s. 185.162. (2) Retirement income payments shall be made under the option elected in accordance with the provisions of this section and shall be subject to the following limitations: (a) If a police officer dies prior to his or her normal retirement date or early retirement date, whichever first occurs, no benefit will be payable under the option to any person, but the benefits, if any, will be determined under s. 185.21. (b) (b) If the designated beneficiary (or beneficiaries) or joint pensioner dies before the police officer's retirement under the plan, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the police officer upon his or her retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this section or a new beneficiary is designated by the police officer prior to his or her retirement and within 90 days after the death of the beneficiary. (c) If both the retired police officer and the designated beneficiary (or beneficiaries) die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, -7- made pursuant to the provisions of subparagraph (1) (a) 3., the board of trustees may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with s. 185.162. (d) If a police officer continues beyond his or her normal retirement date pursuant to the provisions of s. 185.16(1) and dies prior to actual retirement and while an option made pursuant to the provisions of this section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a beneficiary (or beneficiaries) designated by the police officer in the amount or amounts computed as if the police officer had retired under the option on the date on which death occurred. fel The member's benefit wider this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calenccar year in which the member attains age seventy and one -half (70%2) or the calendar year in which the member terminates employment with the city. (3) No police officer may make any change in his or her retirement option after the date of cashing or depositing his or her first retirement check. a) Notwithstanding anything herein to the contrary, the board in its discretion, may elect to make a lump sum payment to a member or a member's beneficiary in the event that the total commuted value of the monthly income payments to be paid do not exceed one thousand dollars ($1,000.00). Any such payment made to any person pursuant to the power and discretion conferred upon the board by the preceding sentence shall operate as a complete discharge of all obligations under the system with regard to such member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. Maximum pension. .al Basic limitation. Notwithstanding any other provisions of this system to the contrary, the member contributions paid to, and retirement benefits paid from, the system shall be limited to such extent as may be necessary to conform to the requirements of Code Section 415 for a qualified retirement plan. Before January 1, 1995, a plan member may not receive an annual benefit that exceeds the limits specified in Code Section 415(b), subject to the applicable adjustments in that section. On and after January 1, 1995, a plan member may not receive an annual benefit that exceeds the dollar amount specified in Code Section 415(b)(1)(A) ($160,000), subject to the applicable adjustments in Code Section 415(b) and subject to any additional limits that may be specified in this System. For purposes of this section, "limitation year" shall be the calendar year. a) Adjustments to Basic Limitation for Form of Benefit. If the form of benefit without regard to any benefit increase feature is not a straight life annuity, then the Code Section 415(b) limit applicable at the annuity starting date is reduced to an actuarially equivalent amount (determined using the 8 assumptions specified in Treasury Regulation Section 1.415(b) -1(c) (2) (ii)) that takes into account the death benefits under the form of benefit. f3,) Benefits Not Taken into Account. For purposes of this Section, the following benefits shall not be taken into account in applying these limits: a. Any ancillary benefit which is not directly related to retirement income benefits; b. Any other benefit not required under §415(b) (2) of the Code and Regulations there under to be taken into account for purposes of the limitation of Code Section 415(b) (1). al COLA Effect. Effective on and after January 1, 2003, for purposes of applying the limits under Code Section 415(b) (the "Limit the following will apply: a. A member's applicable limit will be applied to the member's annual benefit in the member's first calendar year of benefit payments without regard to any automatic cost of living adjustments; b. thereafter, in any subsequent calendar year, a member's annual benefit, including any automatic cost of living increases, shall be tested under the then applicable benefit limit including any adjustment to the Code Section 415(b)(1)(A) dollar limit under Code Section 415(d), and the regulations there under; but c. in no event shall a member's benefit payable under the system in any calendar year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to Code Section 415(d) and the regulations there under. Unless otherwise specified in the system, for purposes of applying the limits under Code Section 415(1)), a Member's applicable limit will be applied taking into consideration cost of living increases as required by Section 415(b) of the Code and applicable Treasury Regulations. c5) Other Adjustments in Limitations. a. In the event the member's retirement benefits become payable before age sixty -two (62), the limit prescribed by this section shall be reduced in accordance with regulations issued by the Secretary of the Treasurypursuant to the provisions of Code Section 415(1)) of the Code, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty -two (62). b. In the event the member's benefit is based on at least fifteen (15) years of credited service as a full -time employee of the fire or 10 police department of the City, the adjustments provided for in (5)a. above shall not apply. c. The reductions provided for in (5) a. above shall not be applicable to disability benefits or pre-retirement death benefits. d. In the event the member's retirement benefit becomes payable after age sixty -five (65), for purposes of determining whether this benefit meets the limit set forth in subsection (1) herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty -five (65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. f6) Less than Ten (10) Years of Service. The maximum retirement benefits payable under this section to any member who has completed less than ten (10) years of credited service with the City shall be the amount determined under subsection (1) of this section multiplied by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10 The reduction provided for in this subsection shall not be applicable to disability benefits or pre retirement death benefits. £fl Participation in Other Defined Benefit Plans. The limit of this section with respect to any member who at any time has been a member in any other defmed benefit plan as defined in Code Section 414(j) maintained by the City shall apply as if the total benefits payable under all City defined benefit plans in which the member has been a member were payable from one plan. al Ten Thousand Dollar ($10,000) Limit. Notwithstanding the foregoing, the retirement benefit payable with respect to a member shall be deemed not to exceed the limit set forth in this section if the benefits payable, with respect to such member under this system and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable plan year and for any prior plan year and the City has not any time maintained a qualified defined contribution plan in which the member participated. Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the member's benefit under any defmed benefit plans in which member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be determined by the board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the member participated, such reduction to be made first with respect to the plan in which member most recently accrued benefits and thereafter in such priority as shall be established by the board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the board and the plan administrator of all other plans covering such member. (101 Service Credit Purchase Limits. a. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if a member makes one or more contributions to purchase permissive service credit under the system, if otherwise allowed by the system, then the requirements (Willis section will be treated as met only if: 1. the requirements of Code Section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of Code Section 415(b), or 2. the requirements of Code Section 415(c) are met, determined by treating all such contributions as annual additions for purposes of Code Section 415(c). 3. For purposes of applying subparagraph (10) a.1., the System will not fail to meet the reduced limit under Code Section 415(b) (2) (C) solely by reason of this subparagraph 3., and for purposes of applying subparagraph (10) a.2., the System will not fail to meet the percentage limitation under Section 415(c) (1) (B) of the Code solely by reason of this subparagraph 3.. b. For purposes of this subsection the term "permissive service credit" means service credit 1. recognized by the system for purposes of calculating a member's benefit under the plan, 2. which such member has not received under the plan, and 3. which such member may receive only by making a voluntary additional contribution, in an amount determined under the system, which does not exceed the amount necessary to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, such term may, if otherwise provided by the system, include service credit for periods for which there is no performance of service, and, notwithstanding clause (10) b.2., may include service credited in order to provide an increased benefit for service credit which a member is receiving under the system. 12 c. For purposes of applying the limits in this subsection (10), only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a calendar year, except as noted below and as permitted by Treasury Regulations Section 1.415(c) -2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations Section 1.415(c) -2, or successor regulation, is specified by the syst compensation will be defined as wages within the meaning of ode Section 3401(a) and all other payments of compensat on to an employee by an employer for which the employer is r quired to furnish the employee a written statement under Code S ctions 6041(d), 6051(a)(3) and 6052 and will be determined wi ut regard to any rules under Code Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code Section 3401(a)(2). 1. However, for calendar years beginning after December 31, 1997, compensation will also include amounts that would otherwise be included in compensation but for an election under Code Sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b). For calendar years beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of Code Section 132(0(4). 2. For limitation years beginning on and after January 1, 2007, compensation for the calendar year will also include compensation paid by the later of 2% months after an employee's severance from employment or the end of the calendar year that includes the date of the employee's severance from employment if: a the payment is regular compensation for services during the employee's regular working hours, or compensation for services outside the employee's regular working hours (such as overtime or shift differential), commissions, bonuses or other similar payments, and, absent a severance from employment, the payments would have been paid to the employee while the employee continued in employment with the employer; or ii the payment is for unused accrued bona fide sick., vacation or other leave that the employee would have been able to use if employment had continued. 3. Back pay, within the meaning of Treasury Regulations Section 1.415(c)- 2(g)(8), shall be treated as compensation for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition. d. Notwithstanding any other provision of law to the contrary, the board may modify a request by a member to make a contribution to the system if the amount of the contribution would exceed the limits provided in Code Section 415 by using the following methods: 1. If the law requires a lump sum payment for the purchase of service credit, the board may establish a periodic payment deduction plan for the member to avoid a contribution in excess of the limits under Code Sections 415(c) or 415(n). 2. If payment pursuant to subparagraph (j) (4)a. will not avoid a contribution in excess of the limits imposed by Code Section 415(c), the board may either reduce the member's contribution to an amount within the limits of that section or refuse the member's contribution. (11) Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: a. The normal retirement benefit or pension payable to a retiree who becomes a member of the system and who has not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred percent (100 of his average final compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of- living increases or adjustments. b. No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, and U.S. Code. Minimum distribution of benefits. a) General rules. a. Effective date. Effective as of January 1, 1989, the plan will pay all benefits in accordance with a good faith interpretation of the requirements of Code Section 401(a)(9) and the regulations in 13 effect under that section, as applicable to a governmental plan within the meaning of Code Section 414(d). Effective on and after January 1, 2003, the plan is also subject to the specific provisions contained in this section. The provisions of this section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. b. Precedence. The requirements of this section will take precedence over any inconsistent provisions of the plan. c. TEFRA section 242(b) (2) elections. Notwithstanding the other provisions of this section other than this subsection (1)c.. distributions may be made under a designation made before January 1, 1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act TEFRA) and the provisions of the plan that related to Section 242(b)(2) of TEFRA. Time and manner of distribution. a. Required beginning date. The member's entire interest will be distributed, or begin to be distributed, to the member no later than the member's required beginning date which shall not be later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one -half (70 'A) or the calendar year in which the member terminates employment with the city. b. Death of member before distributions begins. If the member dies before distributions begin, the member's entire interest will be distributed, or begin to be distributed no later than as follows: 1. If the member's surviving spouse is the member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date on or before December 31 of the calendar year in which the member would have attained age 70 if later, as the surviving spouse elects. 2. If the member's surviving spouse is not the member's sole designated beneficiary, then, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died. 3. If there is no designated beneficiary as of September 30 of the year following the year of the member's death, the member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the member's death. -14- 15 4. If the member's surviving spouse is the member's sole designated beneficiary and the surviving spouse dies after the member but before distributions to the surviving spouse begin, this subsection (2) b., other than subsection (2) b.1., will apply as if the surviving spouse were the member. For purposes of this subsection (2) b. and subsection (5), distributions are considered to begin on the member's required beginning date or, if subsection (2) b.4. applies, the date of distributions are required to begin to the surviving spouse under subsection (2) b.1. If annuity payments irrevocably commence to the member before the member's required beginning date (or to the member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection (2)b.1.) the date distributions are considered to begin is the date distributions actually commence. c. Death After Distributions Begin. If the member dies after the required distribution of benefits has begun, the remaining portion of the member's interest must be distributed at least as rapidly as under the method of distribution before the member's death. d. Form of distribution. Unless the member's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance of with this section. If the member's interest is distributed in the form of an annuity purchased from an insurance company, distributions there under will be made in accordance with the requirements of section 401(a)(9) of the Code and Treasury regulations. Any part of the member's interest which is in the form of an individual account described in section 414(k) of the Code will be distributed in a manner satisfying the requirements of section 401(a)(9) of the Code and Treasury regulations that apply to individual accounts. al Determination of amount to be distributed each year. a. General requirements. If the member's interest is paid in the form of annuity distributions under the plan, payments under the annuity will satisfy the following requirements: 1. The annuity distributions will be paid in periodic payments made at intervals not longer than one year. 2. The member's entire interest must be distributed pursuant to F.S. Sec.185.16, Sec. 185.21, Sec. 185.19, or Sec. 185.161 (as applicable) and in any event over a period equal to or less than the member's life or the lives of the member and a designated beneficiary, or over a period not extending beyond the life expectancy of the member or of the member and a designated beneficiary. The life expectancy of the member, the member's spouse, or the member's beneficiary may not be recalculated after the initial determination for purposes of determining benefits. b. Amount required to be distributed by required beginning date. The amount that must be distributed on or before the member's required beginning date (or, if the member dies before distributions begin, the date distributions are required to begin under F.S. Sec. 185.21.) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., monthly. All of the member's benefit accruals as of the last d v of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the member's required beginning date. c. Additional accruals after first distribution calendar year. Any additional benefits accruing to the member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following tine calendar year in which such amount accrues. al General distribution rules. a. The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of Code Section 401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008, the minimum distribution incidental benefit rule under Treasury Regulation Section 1.401(a)(9) -6, Q &A -2. b. The death and disability benefits provided by the plan are limited by the incidental benefit rule set forth in Code Section 401(a)(9)(G) and Treasury Regulation Section 1.401- 1(b)(1)(I) or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed 25% of the cost for all of the members' benefits received from the retirement system. Definitions. a. Designated beneficiary. The individual who is designated as the beneficiary under the plan and is the designated beneficiary under section 401(a) (9) of the Code and section 1.401(a) (9) -1, Q &A -4, of the Treasury regulations. b. Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the member's death, the first distribution calendar year is the calendar -16- year immediately preceding the calendar year which contains the member's required beginning date. For distributions beginning after the member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to F.S. Sec. 185.21. Miscellaneous provisions. al Interest of members in plan. All assets of the fund are held in trust, and at no time prior to the satisfaction of all liabilities under the plan with respect to retirees and members and their spouses or beneficiaries, shall any part of the corpus or income of the fund be used for or diverted to any purpose other than for their exclusive benefit. al No reduction of accrued benefits. No amendment or ordinance shall be adopted by the city commission of the City of Sebastian which shall have the effect of reducing the then vested accrued benefits of members or a member's beneficiaries. a) Qualification of plan. It is intended that the plan will constitute a qualified public pension plan under the applicable provisions of the Internal Revenue Code for a qualified plan under Code Section 401(a) and a governmental plan under Code Section 414(d), as now in effect or hereafter amended. Any modification or amendment of the plan may be made retroactively, if necessary or appropriate, to qualify or maintain the plan as a plan meeting the requirements of the applicable provisions of the Internal Revenue Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued there under. L4,) Use of forfeitures. Forfeitures arising from terminations of service of members shall serve only to reduce future city contributions. L5) Prohibited Transactions. Effective as of January 1, 1989, a board may not engage in a transaction prohibited by Code Section 503(b). 16) USERRA. Effective December 12, 1994, notwithstanding any other provision of this system, contributions, benefits and service credit with respect to qualified military service are governed by Code Section 414(u) and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended. To the extent that the definition of "credited service" sets forth contribution requirements that are more favorable to the member than the minimum compliance requirements, the more favorable provisions shall apply. a), Vesting. a. Member will be 100% vested in all benefits upon attainment of the plan's age and service requirements for the plan's normal retirement benefit; and -17- 98 b. A member will be 100% vested in all accrued benefits, to the extent funded, if the plan is terminated or experiences a complete discontinuance of employer contributions. Electronic Forms. In those circumstances where a written election or consent is not required by the plan or the Code, an oral, electronic, or telephonic form in lieu of or in addition to a written form may be prescribed by the board. However, where applicable, the board shall comply with Treas. Reg. 1.401(a) -21. Direct transfers of eligible rollover distributions; Elimination of mandatory distributions. in Rollover distributions. a. General. This subsection applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this subsection, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. b. Definitions. 1. Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under 401(a)(9) of the Internal Revenue Code and the portion of any distribution that is not includible in gross income. Effective January 1, 2002, any portion of any distribution which would be includible in gross income as after -tax employee contributions will be an eligible rollover distribution if the distribution is made to an individual retirement account described in 408(a) of the Internal Revenue Code; to an individual retirement annuity described in 408(b) of the Internal Revenue Code; to a qualified defined contribution plan described in 401(a) or 403(a) of the Internal Revenue Code that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible; or on or after -18- 19 January 1, 2007, to a qualified defined benefit plan described in Code Section 401(a) or to an annuity contract described in Code Section 403(b), that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible. 2. Eligible retirement plan: An eligible retirement plan is an individual retirement account described in 408(a) of the Internal Revenue Code; an individual retirement annuity described in 408(b) of the Internal Revenue Code; an annuity plan described in 403(a) of the Internal Revenue Code; effective January 1. 2002, an eligible deferred compensation plan described in 457(b) of the Internal Revenue Code which is maintained by an eligible employer described in 457(e)(1)(A) of the Internal Revenue Code and which agrees to separately account for amounts transferred into such plan from this plan; effective January 1, 2002, an annuity contract described in 403(b) of the Internal Revenue Code; a qualified trust described in 401(a) of the Internal Revenue Code; or effective January 1, 2008, a Roth IRA described in Section 408A of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. This definition shall apply in the case of an eligible rollover distribution to the surviving spouse. 3. Distributee: A distributee includes an employee or former employee. It also includes the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse. Effective January 1, 2007, it further includes a non spouse beneficiary who is a designated beneficiary as defined by Code Section 401(a) (9) (E). However, a non- spouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution and the account or annuity will be treated as an "inherited" individual retirement account or annuity. 4. Direct rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. al Rollovers or transfers into the fund. On or after January 1, 2002, the system will accept, solely for the purpose of purchasing credited service as provided herein, permissible Member requested transfers of funds from other retirement or pension plans, member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: a. Transfers and direct rollovers or member rollover contributions from other plans. The system will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in section 401(a) or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The system will also accept legally permissible member requested transfers of funds from other retirement or pension plans. b. Member rollover contributions from IRAs. The system will accept a member rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over. (al Elimination of mandatory distributions. Notwithstanding any other provision herein to the contrary, in the event this plan provides for a mandatory (involuntary) cash distribution from the plan not otherwise required by law, for an amount in excess of one thousand dollars ($1,000.00), such distribution shall be made from the plan only upon written request of the member and completion by the member of a written election on forms designated bylthe board, to either receive a cash lump sum or to rollover the lump sun amount. Section 2: This Ordinance shall take effect immediately upon passage. Section 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Councilmember Andrea B. Coy Councilmember Eugene Wolff Councilmember Don Wright The Mayor thereupon declared this Ordinance duly passed and adopted this day of 20 ATTEST: Sally A. Maio, CMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Richard H. Gillmor Approved as to form and legality for reliance by the City of Sebastian only: Robert Ginsburg, City Attorney I Subject: Fishermen's Working A pr. I Land Sebastian Waterfront Business for Submittal by: Lease Plan Agenda No. (0, 2 Department Origin: City Attorney: City Manager City Clerk: Finance: GMD: Date Submitted: 22 JUL 10 r, City Manager Exhibits: EXPENDITURE REQUIRED: $200,000 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $200,000 mra STuW HOME OF PWCAN ISLAND AGENDA TRANSMITTAL SUMMARY In closing the Stan Mayfield Working Waterfront Grant and initiating a working waterfront program, Council should consider adoption of two documents. First, is the Working Waterfront Business Plan. The Plan was prepared by the Growth Management Department in conjunction with input from City Council and the Waterfront Committee. The Florida Community Trust (FCT) has approved the plan. At their meeting on Monday, July 19, 2010, the Waterfront Committee recommended approval of the plan with a few grammatical /incorrect references corrections /clarifications. Second, enclosed is a lease between the City of Sebastian and the Fishermen's Landing Sebastian, Inc. (FLS). FLS is a non profit organization, comprised of fishermen whose goal is to operate and maintain a working waterfront. This lease establishes a relationship between the City and FLS for an operation, development and maintenance plan for the recently acquired parcels (1532 and 1540 Indian River Drive). Essentially, the Lease allows FLS to govern the properties and invest revenue generated from the parcels, in the form of a lease credit, towards redevelopment. The concept seeks a community wide benefit by redeveloping blight and promoting Sebastian tourism, which then benefits local business. The Waterfront Committee reviewed the proposed lease and recommends adoption. The Waterfront Committee provides commentary on two lease items, but gave the City Manager discretion to handle the items accordingly. Those comments were; (1) clarification on boat trailer and commercial vehicle parking; and, (2) live aboard vessels that may dock at the marina. To address these concerns, the draft document previously provided to Council has been modified. More clarification language has been added to Paragraphs 16.B and 16.C. The new language is underlined in the lease attached to this transmittal. In addition to these Waterfront Committee comments, in their last review FLS also requested that accrued rent credits be applied to the term of a renewed lease. This change is underlined in Paragraph 6. Finally, in approving this lease, Council's attention should be drawn to paragraph 8.B. This lease makes a financial commitment to complete specific renovations to the Hurricane Harbor facility. It is estimated that these improvements will cost $200,000. If Council approves the FSL Lease, it will also be committing to make these improvements. Hence, it will be assumed by staff that by authorizing the FLS Lease, a Working Waterfront Project fund will be created by transferring $200,000 from the FY 10 CavCorp Project Budget (CavCorp is currently budgeted in FY 10 in the amount of $400,000; however has not moved forward, as directed by Council, until the CRA Master Plan is complete). The FLS expense should then be recognized accordingly in moving forward with FY 11 CIP and CRA Master planning. RECOMMENDATION This is a dual action item, staff recommends: 1. Approve the Working Waterfront Business Plan, as suggested and amended by the Waterfront Committee; and, 2. Execute FLS Lease as recommended by the Waterfront Committee and amended herein. LEASE BETWEEN THE CITY OF SEBASTIAN AND THE FISHERMEN'S LANDING SEBASTIAN, INC. A LEASE made this day of 2010, between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation, having its principal office at 1225 Main Street, Sebastian, Florida 32958 herein after referred to as the "LESSOR" and FISHERMEN'S LANDING SEBASTIAN, INC., a non profit corporation organized and existing under the laws of the State of Florida whose address is hereinafter referred to as the "LESSEE WITNESSETH: WHEREAS, the Sebastian City Council is authorized to lease real property owned by the City to not for profit organizations formed for the purposes of promoting community interest and welfare; and, WHEREAS, LESSEE is a Florida not for profit organization formed for the purpose of promoting community interest and welfare including the revitalization of Sebastian's Working Waterfront, and whose Members are commercial fishermen (a copy of Lessee's corporate documentation is attached as Exhibit "A and, WHEREAS, LESSOR owns real property hereinafter described below which is upland to submerged lands lease #310006484; and, WHEREAS, LESSEE has applied to LESSOR for a lease of the upland real estate and use of the submerged lands, collectively referred to as the "Leased Premises for the purpose of commercial fishing docks, off loading facility and weigh station for use by the members of the LESSEE and visitation by the general public, in designated areas; and, WHEREAS, LESSOR has determined that the revitalization and preservation of the Sebastian Working Waterfront promotes community interest and welfare; and, WHEREAS, LESSOR has found that the facilities to be leased to LESSEE are required for the proposed use and LESSEE agrees to maintain the same and make certain improvements; and, WHEREAS, the property will be subject to a Declaration of Restrictive Covenants and a management plan pursuant to the requirements of the Stan Mayfield Working Waterfront Grant; and, WHEREAS; LESS desires to tease such property to LESSEE-for -the- purpose described herein. NOW THEREFORE, in consideration of the foregoing and in further consideration of the mutual covenants contained herein the parties agree as follows: 1. PREMISES. LESSOR hereby leases unto LESSEE the Leased Premises located at 1540 Indian River Drive and 1532 Indian River Drive, legally described in Exhibit "B" attached hereto and incorporated herein. A location map is attached hereto as Exhibit "C Parking spaces are shown on Exhibit "D 2. PURPOSE. The LESSEE shall use the Leased Premises solely and exclusively for providing its members a commercial fishing dock, fish off- loading fish packing facility, aquaculture, fundraising, special events and other uses that may support the commercial fishing industry as described herein. 3. SUBMERGED LAND LEASE. The parties acknowledge the existence of Sovereign Submerged Land Lease #310006484. The parties further understand that this lease may be amended and modified from time to time. LESSOR shall be responsible to acquire, keep and maintain, from the appropriate govemmental agency a lease which permits the operations of a working waterfront as enumerated herein. LESSEE shall pay all initial, annual and renewal fees associated with such permit. LESSEE acknowledges the restrictions, requirements and regulations contained in the Submerged Land Lease #310006484 and agrees to use the Leased Premises in accordance with such lease provisions and directives provided by the Temporary Use Agreement. Any default, breach or noncompliance issues shall be the sole responsibility of the LESSEE. 4. TERM AND OPTION TO RENEW. LESSOR leases to the LESSEE the above premises for a term of ten (10) years, commencing on and terminating on with an option for an additional ten years if LESSEE exercises this option in writing, within one hundred and eighty days (180) of the expiration date of this Lease and upon the condition that LESSEE is not in breach of this Lease at the time of exercise. LESSOR and LESSEE shall negotiate in good faith to develop terms for a new lease. If the parties cannot agree upon the terms of a new lease for the option period, this Lease shall expire in conformity with its terms. 5. RENT. LESSEE shall pay a base rent of $1,000 per month or two cents ($0.02) per pound of fish and $2.50 per bushel of shellfish product transferred from the docks located at 1532 Indian River Drive through the facility per month, which ever is greater, to the LESSOR. Payment shall be made on the first day of each month for the preceding month. 6. RENT CREDITS. As LESSEE makes improvements specified in Sections 8.A and 8.B of this Agreement, all costs for such improvements will be credited against the rent, once these costs have been approved by the LESSOR. Should this Lease be extended per the terms in Paragraph 4, any accrued rent credits that the lessee may have shall be applied to rent in the new Lease term. 7. POTENTIAL REVENUE. It is anticipated that the Premises may generate revenue via the rental of commercial boat slips; upland subleases, the operation of aquaculture equipment, visitor general admission, and lease space to businesses supporting the commercial fishing industry. LESSEE shall establish, impose control and collect all such revenues. LESSEE shall use such revenues in order to finance capital improvements, pay general working waterfront operation expenses and to advance the LESSEE mission, as enumerated in its By -Laws and Articles of Incorporation. 8. IMPROVEMENTS. The Leased Premises are accepted by the LESSEE "as is The LESSEE agrees as follows: A. LESSEE agrees at its sole cost and expense to design, construct and maintain the following improvements at 1532 Indian River Drive: (1) Restoration and creation of a new fish house. The fish house shall serve as the primary weighing and fish processing station. The fish house will also provide a visitor's station enabling a safe and convenient location for the general public to view and be educated about the commercial fishing industry in Sebastian. (2) Install and maintain new aquaculture equipment including raceways and upwellers as necessary for the operation of the working waterfront. (3) Install and maintain new docks and boat slips as may be determined by the LESSEE as necessary for the operation of the working waterfront. (4) Clear all debris; install and maintain new landscaping along the uplands portion of the Premises. (5) Install a north /south "public access" boardwalk along the shoreline in order to link the waterfront properties to the immediate north and south of the premises. Lessee shall make improvements at their discretion as scheduling and funding permits. B. As an Economic Development component of the Stan Mayfield Working Waterfront Grant, LESSEE agrees to solicit and oversee business operations that will be located at 1540 Indian River Drive. LESSOR acknowledges the existing conditions at 1540 Indian River Drive and will make the following capital improvements in order to entice ancillary waterfront business: (1) Repair Air Conditioner; (2) Termite and Pest Remediation; (3) Roof Repair; (4) Remove Existing Kitchen Equipment; (5) Interior and Exterior Painting (wall remediation); (6) Install Landscape Materials; (7) Electrical; and, (8) Exterior Restroom Entry. Enterprises that may be located in 1540 Indian River Drive will support commercial fishing operations and may include: (1) Ice Depot; (2) Fish Market, with limited seating for food and beverage service; (3) Hosting of community events and demonstrations educating and celebrating the contributions, history and heritage of Sebastian's commercial fishing industry; (4) Smoke House and Seafood Operations; and, (5) Other ancillary business /activities as approved by the LESSOR and the Florida Communities Trust. C. LESSEE shall obtain the written approval of LESSOR prior to making any improvements, alterations; instatlations; additionsto existing structures or new structures be placed constructed on the Leased Premises. At the end of the term of this Lease, LESSEE shall deliver the premises to LESSOR in good repair and condition, reasonable wear and tear excepted. All installations, alterations, additions and improvements on the Premises shall become the property of LESSOR, and on termination of the Lease Term shall be surrendered with the Leased Premises in good condition, except any privately owned or leased equipment. D. All plans and specification for such renovations, improvements or construction shall be submitted in writing to the LESSOR for approval which shall not be unreasonable withheld or delayed. E. Unless otherwise expressly prohibited herein, it shall be LESSEE'S sole responsibility to obtain all necessary governmental approvals for the Leased Premises, including, but not limited to all necessary LESSOR development approvals and permits as well as any other agency approvals and permits. Nothing herein shall be deemed to waive or imply waiver of any City of Sebastian governmental regulation or fee applicable to the review, renovation or development of the Leased Premises by LESSEE nor any waiver of LESSOR'S rights as Owner of the subject property. Nothing herein shall be deemed to waive the LESSOR'S police powers. It is expressly understood, and agreed by LESSEE, that LESSOR shall not be liable to LESSEE for any expense loss or damage incurred by LESSEE resulting from the failure of LESSOR or any other governmental entity to approve any or all necessary governmental approvals or permits required for the Leased Premises. LESSEE acknowledges that the Leased Premises are located within the Sebastian Community Redevelopment District and thus any change to the premises is subject to such District's authority as well as provision of Chapter 163, Florida Statutes and any future ordinances, statutes or other regulations applicable within the District. F. All structures and fixtures to be constructed upon the Leased Premises shall be owned by LESSEE during the term of the Lease and shall be exclusively controlled by LESSEE. However, upon expiration, termination, revocation or surrender of this Lease, LESSOR shall become owner of all structures, fixtures and improvements. LESSEE agrees to execute bills of sale, documents of conveyance and assignments of warranties upon request. 9. OPERATIONAL ADHERENCE. In addition to the duties provided in this Lease Agreement, LESSEE shall comply with all requirements of the Stan Mayfield Working Waterfront Grant Agreement signed by the LESSOR on attached hereto as Exhibit "E and any State approved Management Plan and deed restrictions created pursuant to that grant agreement. 10. BUILDING, UTILITIES, MAINTENANCE AND REPAIRS. A. The LESSEE shall be solely responsible for the cost of installation, connection and usage of water, sewer, electric, telephone, cable, solid waste, and information technology services to the Leased Premises throughout the term of this Lease B. LESSEE agrees that all portions of the Leased Premises shall be kept in good repair and condition by LESSEE. LESSEE shall maintain and make all necessary repairs and alterations with respect to the Leased Premises (including but not limited to necessary replacements) to keep it in good condition. LESSEE'S sole right of recovery shall be against it's insurers for losses or damage to stock, furniture and fixtures, equipment, improvements and betterment. LESSEE agrees to make or contract for emergency repairs and provide protective measures necessary to protect the Leased Premises from damage and to prevent injury to persons or loss of life. LESSEE agrees to use its best efforts to insure that the property is maintained in an attractive condition and in a good state of repair LESSEE shah also- keep the teased Premises free oftrash and debris. C. The interior and exterior of the Leased Premises shall be kept clean. It shall be LESSEE'S responsibility to provide and pay for landscaping and exterior maintenance services. 11. INSURANCE, INDEMNIFICATION AND DAMAGE BY CASUALTY. A. LESSOR shall procure and maintain, during the term of this Lease, public liability all risk insurance adequate to protect the LESSOR against liability for any and all damage claims that may arise due to the activities of the LESSEE in amounts that are determined by the LESSOR. Except as provided in subparagraph 11.0 below, LESSOR shall annually bill and LESSEE shall reimburse these insurance costs. B. LESSOR shall procure and maintain, during the term of this Lease, fire and other casualty insurance in amounts as determined by the LESSOR. Except as provided in subparagraph 11.0 below, LESSOR shall annually bill and LESSEE shall reimburse these insurance costs. C. LESSOR shall pay the insurance premiums for the insurance described in subparagraphs 11.A and 11.B for the first year. D. In the event LESSEE has paid employees, LESSEE agrees to take out and maintain, during the term of this Lease, applicable worker's compensation insurance for all its employees employed in connection with the business operated under this Lease. Such insurance shall fully comply with the Workers Compensation Law, Chapter 440, Florida Statutes. The workers compensation insurance policy required by this Lease shall also include Employers Liability. LESSEE shall provide proof of worker's compensation insurance as required by law, if applicable. E. LESSOR shall not be liable for any loss, injury, death or damage to persons or property which at any time may be suffered or sustained by LESSEE or by any person whosoever may at any time be using or occupying or visiting the Lease Premises, or be in, on or about the same, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, omission or negligence of LESSEE or of any occupant, subtenant, visitor or user of any portion of the Leased Premises. F. LESSEE shall indemnify LESSOR against all claims, liabilities, loss or damage whatsoever on account of any such Toss, injury, death or damage. LESSEE hereby waives all claims against LESSOR for damages to the improvements that are now on or hereinafter placed or built on the premises and to the property of LESSEE in, on or about the premises, and for injuries to persons or property on the premises, from any cause arising at any time. LESSEE agrees to hold harmless LESSOR from and against any and all claims, lawsuits, judgments, or similar causes of action, for any injuries to persons or property arising out of the activities conducted by the LESSEE on the property described herein. Further LESSEE agrees to defend LESSOR against any and all such claims and suits as described above at the LESSEE'S sole cost and expense with no cost and expense to be incurred by the LESSOR. 12. TAXES. LESSEE will be required to pay all taxes or other levies or assessments lawfully levied against the subject property during the term of the Lease, if any. 13. LESSEE'S RESPONSIBILITIES. A. LESSEE agrees and covenants that it will not amend or otherwise change its articles of incorporation; bylaws or rules regulations without the prior review of LESSOR. Copies of LESSEE'S articles of incorporation, bylaws and rules and regulations are attached hereto and incorporated herein as exhibits. LESSEE shall ensure that its members are required to annually meet the membership criteria set forth in its rules and regulations. LESSEE agrees annually to certify to LESSOR on or before August 15 of each year those members who continued to qualify for corporate membership as well as those members who shall be no longer qualified as members. B. LESSEE as well as its members, officers, employees and invitees, when on the premises, agrees to follow and abide by all local, state and federal laws, ordinances and regulations and to follow and abide by the rules and regulations of the City of Sebastian, Community Redevelopment Agency and the State of Florida as may be amended from time to time. C. LESSEE agrees to keep books, accounts and records that reflect all revenues and expenditures received in connection with the management and operation of the property as set forth in paragraph 7. The books, accounts and records shall be maintained in accordance with generally accepted accounting principles and located at LESSEE'S principal place of business. LESSEE shall make the books, accounts and records required to be maintained hereunder available to the LESSOR for examination or audit during normal business hours, upon five (5), days written notice. In addition, LESSEE shall provide LESSOR with a copy of its arjnual audit and other financial statement(s) relating to LESSEE'S occupancy and use of the Leased Premises. 14. INSPECTION BY LESSOR. The LESSOR and its agents, upon reasonable notice, may make periodic inspections of the Leased Premises to determine whether LESSEE is operating in compliance with the terms and conditions of this Lease. The LESSEE shall be required to make any and all changes required by the LESSOR, which are necessary to ensure compliance with the terms and conditions of this Lease and /or any applicable law(s) or regulations(s). 15. PROHIBITION ON ASSIGNMENT AND ENCUMBRANCES. LESSEE shall not assign this Lease or sublet the Leased Premises to any other patty without the prior express written approval of LESSOR. Any attempt to assign this Lease or sublet the premises without the prior express written approval of LESSEE will constitute an automatic termination of this Lease. This covenant shall be binding on the successors in interest of LESSEE. LESSEE shall be permitted to sublease dock slip$ and upland areas for clam raceways to licensed commercial fisherman. Preference for dips and upland rental shall be given to Sebastian commercial fisherman. LESSEE shall keep written records of all subleases as well as the names, license commercial qualifications, dates of sublease and sublease sums collected. LESSEE shall not mortgage, pledge, or encumber this Lease, in whole or in part, or the leasehold estate granted under this Lease. Any attempted mortgage, pledge, or encumbrance of this Lease, or the leasehold estate granted under this Lease, shall be void and may, at the sole option of the LESSOR, be deemed an event of default under this Lease. This covenant shall be binding on the successors in interest of LESSEE. LESSEE shall not pledge the LESSOR'S credit or make it a guarantor for payment or surety for any contract debt, obligation, judgment, lien or any form of indebtedness. LESSEE warrants and represents that it has no obligation or indebtedness, which would impair its ability to fulfill the terms of this Lease. 16. MISCELLANEOUS CONDITIONS. A. LESSEE agrees all Members and persons engaged in commercial fishing and related activities on the Leased Premises shall be at all times subject to the LESSEE'S sole direction, supervision and control and shallnot be corrsidered emptoyees agents or servants of the LESSOR. B. LESSEE agrees that it shall at all times prohibit recreational vessels at the Leased Premises. LESSEE agrees that none of the vessels docked at the Leased Premises will be used as a live aboard vessel for more than a forty-eight hour period. C. LESSEE agrees to park its vehicles in places specifically designated by the LESSOR and further agrees that no parking will occur in landscaped areas or blocking any sidewalk or street. LESSEE shall prohibit commercial truck parking on the premises for any duration other than what is reasonable for loading or unloading purposes. LESSEE shall prohibit boat trailer parking on the premises for any duration other than what is reasonable for loading or unloading purposes. The parties recognize that the ongoing redevelopment efforts within the Sebastian CRA may result in changes in parking as well as the configuration of vehicle parking on or adjacent to the Leased Premises. LESSEE agrees to cooperate and coordinate with LESSOR in connection with parking projects and /or reconfiguration. D. LESSEE agrees to prohibit unauthorized persons on the Leased Premises and to prohibit trespassing on the Leased Premises by use of appropriate signage. E. LESSEE agrees to develop a fuel /hazardous substance containment plan within sixty (60) days of the date of this Lease. F. LESSEE for itself, and its permitted successors in interest, as a part of the consideration for this Lease, does hereby covenant and agree that: (1) No person shall be subject to discrimination in connection with LESSEE'S use of the Leased Premises on the basis of age, sex, physical handicap or other disability, race, color, national origin, religion or ancestry; and, (2) LESSEE shall not discriminate against any employee or applicant for employment in connection with the Leased Premises and the leasehold estate granted hereunder with respect to hiring, tenure, terms, conditions, or privileges or employment or any matter directly or indirectly related to employment on the basis of age, sex, physical handicap or other disability, race, color, religion, national origin or ancestry. (3) LESSEE agrees that its facilities and program shall from time to time and at all times comply with the American with Disabilities Act (ADA), if applicable. LESSOR and LESSEE recognize that the commercial fishing docks are not a public accommodation, however, LESSEE shall cause the Leased Premises to at all times comply with all applicable ADA requirements that may be in effect from time to time. G. LESSEE shall furnish LESSOR with a list of its officers and board of directors and notify LESSOR of the names of any new officers and Board of Directors at the time of their election. LESSEE shall furnish LESSOR with the names and addresses of LESSEE'S offices and employees who have the authority to pay LESSEE'S bills. H. LESSEE shall assist the LESSOR in providing information and documentation as it relates to providing the Florida Communities Trust with an annual report. 17. TERMINATION. A. The LESSOR may have the right to terminate this Lease upon the occurrence of any of the following; hereinafter referred -to-as "Event of Default". (1) Institution of proceedings in voluntary bankruptcy by the LESSEE. (2) Institution of proceedings in involuntary bankruptcy against the LESSEE if such proceedings continue for a period of ninety (90) days and are not dismissed. (3) Assignment of this Lease for the benefit of creditors. (4) Abandonment by LESSEE of the Leased Premises or discontinue of operation of the Leased Premises to the permitted uses for more than sixty (60) days. (5) Dissolution whether voluntary or involuntary of LESSEE'S not for profit corporation. (6) Default, non performance or other noncompliance with any covenant, requirement or other provision of any nature whatsoever under this Lease. B. Upon the occurrence of an Event of Default, the LESSOR shall send a written notice to LESSEE, setting forth the Event of Default in specific detail and the date this Lease shall terminate in the event LESSEE does not cure the default. C. Within thirty (30) days following receipt of a default notice, LESSEE shall have cured the default to the reasonable satisfaction of the LESSOR. D. In the event LESSEE fails to cure the Event of Default within thirty (30) days, this Lease shall be deemed to be terminated with no further action by the LESSOR. In no event, however, shall such termination relieve LESSEE of its obligation to pay any and all remaining rent due and owing to the LESSOR for the period up to an including the date of termination or to provide any and all remaining reports to the LESSOR for such period. E. LESSEE shall have the right, upon providing thirty (30) days prior written notice to the LESSOR in the manner set forth in this Lease, to terminate this Lease at any time for any reason. 18. INTEGRATION. The drafting, execution and delivery of this Lease by the parties has been induced by no representations, statements, warranties or agreements other than those expressed in it. This Lease contains the entire agreement between the parties and there are no further or other agreements or understandings written or oral in effect between the parties relating to its subject matter. This Lease cannot be changed or modified except by written instrument executed by all parties hereto. This Lease and the terms and conditions hereto apply to and are binding upon the heirs, legal representatives, successors and assigns of both parties. 19. SEVERABILITY. If any term of this Lease or the application thereof to any person or circumstances shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease, or the application not such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and shall be valid and enforceable to the fullest extent permitted by law. 20. PROPERTY INTERESTS. Nothing contained in this Lease shall be deemed to create or be construed as creating in LESSEE any property interest in or to the Leased Premises. Notices. All notices required under this Lease shall be sent by certified mails as follows: LESSOR: City of Sebastian 1225 Sebastian, Florida 32958 ATTN: City Manager's Office A Copy shall be provided to the Sebastian City Attomey's Office. LESSEE: Fishermen's Landing Sebastian, Inc. Post Office Box XXX Sebastian, FL 32958 21. GOVERNING LAWNENUE. This Lease shall be governed and construed in accordance with Florida law. In the event that litigation arises involving the parties to this Agreement, venue for such litigation shall be in Indian River County, Florida. IN WITNESS WHEREOF, the Parties have executed this Lease on the dates set forth above. ATTEST LESSOR Sally Maio, MMC Richard H. Gillmor City Clerk Mayor Witness By: City of Sebastian, Florida APPROVED AS TO FORM AND CORRECTNESS Robert A. Ginsburg City Attorney LESSEE Fishermen's Landing Sebastian, INC. By Title Subject: 1ST endment to the 2005 Chamber A r• for Submittal by: Lease Agenda No. 10,113 Department Origin: City Attorney: Citv Manager City Clerk: Date Submitted: 22 JUL 10 A 'i C Manager Exhibits: EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY In 2005 the City of Sebastian approved a new lease for the Sebastian River Area Chamber of Commerce. As part of the 2005 Lease, the 2002 Lease was repealed. However, the 2005 Lease reinstituted the 1997 Lease as a tool to encourage the Chamber's plan to redevelopment the existing facility. Due to the current economic climate the Chamber has been unable to finance the renovations. The 2005 Lease provided the Chamber five years to permit said improvements and an additional 2 years to construct said improvements. The "due date" for the first mile stone (permitting) is January 1, 2011. With the Chamber not being able to meet this deadline, they are requesting an extension. Attached hereto is proposed Lease Amendment #1 which extends the construction mile stones (permitting and construction) to the term of the 1997 lease. Should these bench marks be met, the terms of the 2005 Lease will continue. Should the new bench marks not be met, the 1997 Lease will expire and the 2005 Lease would be in default. RECOMMENDATION Staff recommends that Council approve the 1 Amendment to the 2005 Chamber Lease. g) THIS FIRST AMENDMENT of that certain Lease Agreement by and between the City of Sebastian (hereinafter called "Landlord and the Sebastian River Area Chamber of Commerce, Inc. (hereinafter called "Tenant"), dated 8 December 2005, provides as follows: WITNESSETH: FIRST AMENDMENT SEBASTIAN RIVER AREA CHAMBER OF COMMERCE LEASE WHEREAS, the Landlord is the owner of certain property located in the County of Indian River, Florida; and, WHEREAS, the Landlord agreed to lease such property under the Lease to Tenant; and, WHEREAS, due to the current economy, certain provisions in the Lease were unattainable. 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: Section II of the Lease, titled Renovation of Improvements, shall be amended as follows: II. RENOVATION OF IMPROVEMENTS Lessee may renovate the existing building and appurtenant improvements upon the premises in accordance with plans to be approved by Landlord, including an expansion of the footprint of the building by addition of a ten foot deep, more or less, porch along the north, east and west frontages of the building. Landlord shall undertake reasonable accommodations in executing standard business documents required of a lender for construction upon a leased premise, but shall not allow its ownership interest to be subject of any security interest. Landlord shall also cooperate, as the owner, in permitting and in the applicant process for grant to finance these improvements. Notwithstanding the provisions of Article XXI, if renovations in accordance with the Composite Exhibit "I" are not permitted by January 22. 2015 or completed by January 22. 2017 the terms of the 1997 lease between the parties, as extended, shall go back into effect. This Lease shall automatically exercise the renewal option specified in paragraph 1 of the 1997 lease. This timeline shall be reasonably extended in the event of force majeure or Act of God. Landlord agrees to maintain, at all times, no less than twelve (12) public parking spaces within two hundred fifty (250) feet of the leased premises. All remaining terms and conditions of the Lease Agreement dated 8 December 2005 shall remain in full force and effect. This first option is executed on the day if 2010. ATTEST CITY OF SEBASTIAN A Municipal Corporation Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only Robert A. Ginsburg City Attorney Al Minner City Manager SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC. A Non Profit Florida Corporation By Its: ro) 1 FIFTY YEAR LEASE See attached Schedule "A" The parties agree to be legally bound as follows: The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this lease as "Landlord hereby leases to SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation, referred to as Lessee those certain premises, referred to as "the premises lying and being in the county of Indian River, State of Florida, to -wit: L TERM The term of this lease shall be for a period of fifty (50) years, commencing 12:01 -M- January 1, 2006. IL RENOVATION OF LVIPROVTMENis Lessee may renovate the existing building and appurtenant improvements upon the premises in accordance with plans to be approved by Landlord, including an expansion of the footprint of the building by addition of a ten foot deep, more or less, porch along the north, east and west frontages of the building. Landlord shall undertake reasonable accommodations in executing standard business documents required of a lender for construction upon a leased premise, but shall not allow its ownership interest to be subject of any security interest. Landlord shall also cooperate, as the owner, in permitting and in the application process for grants to finance these improvements. Notwithstanding the provisions of Article XXI, if renovations in accordance with Composite Exhibit `2" are not permitted within five years hereof, or completed within seven years hereof, the terms of the 1997 lease between the parties, as extended, shall go back into effect. This timeline shall be reasonably a m e event o Landlord agrees to maintain, at all times, no less than twelve (12) public parking spaces within two hundred fifty (250) feet of the leased premises. rce 0 IIL Lessee agrees to pay the Landlord as rent for the use and occupancy of the premises the amount of $1 per year payable by the 15 day of January each and every year commencing in January 2006, at the Finance Department office of Landlord or such other place or places as Landlord may from time to time designate by written notice given to Lessee. IV. USE OF PREMISES The premises shall be used exclusively by Lessee for purposes associated with the traditional fimctions of a chamber of commerce, and for no other use or uses without the express written consent of Landlord. However, Lessee shall not commit or permit the commission of any acts on the premises nor use nor permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or govtal rule or regulation, whether now in force or hereinafter enacted, governing the premises; or (b) constitutes the commission of waste on the premises or the commission or maintenance of a nuisance. V. ASSIGNMENT OR SUBLEASING Lessee may not assign, or otherwise transfer this lease, or any right or interest in this lease without the prior express written consent of Landlord. VL SURRENDER OF PREMISES On expiration or sooner termination of this Lease, or any extensions, Lessee shall promptly surrender and deliver the premises to Landlord in good condition, subject to the demolition and replacement provisions of Article II, reasonable wear and tear excepted. VIL MAINTENANCE AND REPAIRS Lessee acknowledges that it will repair and renovate the premises to result in a good, clean, and safe condition and repair. Lessee shall, at all times during the team of this lease and any renewal or extension thereof; maintain, at Lessee's sole cost and expense, the premises, and every part of the premises, in a good, clean, and safe condition, free of pests, and shall on expiration or sooner termination of this lease surrender the premises to Landlord in good condition and repair reasonable wear and tear and damage by the elements cepted. Lessee shall be responsible for the provision of all utility and other services to the premi Lessee hereby waives any right to make repairs to the premises at the expense of Landlord provided by any law or statute now or hereafter enacted. In the event that a situation in the sable judgment of the Landlord requires that immediate repairs be performed to any part of the Premises, Landlord may perform the same with or without notice to Lessee, and Lessee shall burse Landlord in a timely manner for expenses incurred thereby. VIII INSPECTION BY LANDLORD Lessee shall permit Landlord or Landlord's agents, representatives, or employees to enter the premises at all reasonable times for the purpose of inspecting the premises to determine whether Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in the premises under this lease. DL PROPERTY TAXES Lessee shall pay before they become delinquent all taxes, assessments, or other charges levied or imposed by any governmental entity on the furniture, trade fixtures, appliances, and other personal property placed by Lessee in, on, or about the premises including, without limiting the generality of the other terms used in this section, any shelves, counters, vaults, vault doors, wall safes, partitions, fixtures, machinery, plant equipment, office equipment, television or radio antennas, or communication equipment brought on the premises by Lessee. X. REAL PROPERTY TAXES All real property taxes and assessments levied or assessed against the premises by any governmental entity, including any special assessments imposed on or against the premises for the constr uction or improvement of public works in on, or about the premises, shall be paid, before they become delinquent, by Lessee. XL PROPERTY CASUALTY 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 in an amount equivalent to the appraised value of the improvements to the premises. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Pours: Such 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. XIL DESTRUCTION OF PREMISES In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Landlord shall have no responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. Tenant, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the premises'and terminate the lease. (a) In the event the Tenant elects to repair or replace the improvements on the Leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage; provided, however, that all repaired or replaced improvements are done so in a manner equal to or better than the improvement being repaired or replaced. (b) In the _event -_the_ enant,_underlts option, elects not to repair replace the improvements upon the leased premises, the Landlord shall be entitled to such portion of any insurance proceeds equal to its good -faith estimate of the cost to remove all remaining portions of the damaged or destroyed improvements and all rubble or debris resulting from said casualty. Landlord shall be entitled to said amounts even if it decides to rehabilitate the improvements. Any remaining proceeds shall be the sole property of Tenant. XIIL ALTERATIONS Except for renovations of the building as set forth in Article II, above, Lessee shall not make or permit any other person to make alterations to the premises that will expand tlx lot coverage of the Premises without the prior written consent of Landlord Any alterations to the premises by Lessee shall be made at the sole cost and expense of Lessee. Any and all alterations or /2Z improvements made to the premises shall on expiration or sooner termination of this lease become the property of Landlord. XIV. INDEMNITY Lessee shall indemnify and hold Landlord and the property of Landlord, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of Lessee, or by reason of damage to or destruction of any property, including property owned by Lessee or any person who is an employee or agent of Lessee, caused by or connected with Lessee's occupation and use of the premises under this lease other than intentional tortuous acts of Landlord or an employee or agent of Landlord. XV. LIABILITY INSURANCE Lessee shall, at its own cost and expense, secure within 10 days and maintain during the entire tenn of this lease and any renewals or extensions of such term a broad form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to Landlord and insuring Landlord against loss or liability caused by or connected with Lessee's occupation and use of the premises under this lease in amounts not less than (a) $200,000 for injury to or death of one person and, subject to such limitation for the injury or death to one person, of not less than $1,000,000 for injury to or death of two or more persons as a result of any one accident or incident; and (b) 500,000 for damage to or destruction of any property of others; or such higher amount as may be set as the liability limits under the waiver of sovereign immunity provisions of law. XVL UNREMOVED TRA11E FIXTURES Any trade fixtures that are not removed from the premises by Lessee 30 days after this lease's expiration or sooner termination, regardless of cause, shall be deemed abandoned by Lessee and shall automatically become the property of Landlord as owner of the real property to which they are affixed. XVII. ACTS CONSTITUTING BREACHES BY LESSEE Lessee shall be guilty of a material default and lmeechsif thislease should: (a) Lessee default in the performance of or breach any provision, covenant, or condition of this lease and such default or breach is not cured within thirty days after written notice thereof is given by Landlord to Lessee; or (b) Lessee breach this lease and abandon the premises before expiration of the tenn of this lease. XVIIL REMEDIES FOR DEFAULT Should either party be guilty of a material default and breach of this lease as defined in this lease, that party shall have available the remedies given by law or equity, and a non defaulting party shall additionally be entitled to an award of court costs and attorney's fees against the defirulting party. Landlord, in addition to any other remedies given by law or equity, may terminate Lessee's right to possession of the premises and recover and regain possession of the premises in the manner provided by the laws of the State of Florida. XUL WAIVER OF BREACH The waiver by Landlord of any breach by Lessee of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this lease. XX. NOTICES 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 1225 Main Street Sebastian, FL 32958 Attn: City Manager Tenant: Sebastian River Area Chamber of Commerce, Inc. 700 Main Street Sebastian, FL 32958 Attn: Executive Director 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. XXL PRIOR AGREEMENTS Except as otherwise specifically provided in this section or in the fall -back provisions of Article II, this lease shall supercede all prior agreements between the parties .as to use and occupancy of the properties at the eastern side of the intersection of US Highway 1 and Main Street in Sebastian. It is agreed that the parties hereby direct escrow agent Warren Dill, Esquire, to deliver to the-City Clerk the Quit-Claim held in- escrow- pursuant -to the-- Comprehensive-P--roperty- Settlement and Escrow Agreement between the parties dated March 20, 2002. Escrow Agent is further directed to mark all remaining documents as "Void and Superceded" and deliver the same to the City Clerk for recordkeeping in accordance with Florida Public Records law. EXECUTED on this 8 th day of December, 2005, at Sebastian, Florida ATTEST: Approved as to Form and Legality for Reliance by the City of Sebastian only: Ri Stringer, City A SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non -profit Florida corporation SCHEDULE "A" Begin at the southeasternmost point at which US Highway 1 and Main Street in Sebastian, Florida, intersect, then run east 110 feet along the right -of -way for Main Street, thence run southward in a line parallel to the right -of -way of US Highway 1 for a distance of 100 feet, thence run west in a line parallel to the right of -way for Main Street until intersecting with the right -of -way line for US Highway 1; thence run northward along said right -of -way line for US Highway 1 to the point of beginning. T f Exhibit I 0 Exhibit I ill AAlti STREEI. iLEVKCION yr -4. re 11111111111111111H1 '.:1"11111111: lirtal' 1ttfflIllhi 11 POLICY NUMBER: BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS OR OTHER INTERESTS FROM WHOM LAND HAS BEEN LEASED This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY 1. Designation of Premises (Part Leased to You): 700 MAIN ST SEBASTIAN FL 32958 2. Name of Person or Organization: CITY OF SEBASTIAN CITY HALL MAIN STREET SEBASTIAN FL 32958 The following Is added to Paragraph C. WHO IS AN INSURED In the Businessowners Liability Coverage Form: 4. The person or organization shown In the Schedule Is also an insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Schedule and subject to the following addition- al exclusions: SCHEDULE* /e8 This Insurance does not apply to: a. Any "occurrence" that takes place after you cease to lease that land; or b. Structural alterations, new construction or demolition operations performed by or for the person or organization shown In the Schedule. BP 0410 01 87 Copyright, Insurance Services Office, Inc., 1985 Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. 02/27/2007 10:51 7725895993 SRA CHAMBER COMMERCE ren MS U•1 11x445 RI1 Insurance Source 7722319144 P.1 ACORD EVIDENCE OF COMMERCIAL PROPERTY INSURANC O °""YT1 THIS 15 EVIDENCE THAT INSURANCE AS IDti NtIFE:[` BELOw HAs BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGMI AFFORDED UNDER THE POLICY. pecsos AND stemma DAM t OaTACT 12224.20. (772) 231:3560 AR Insurance Source 2855 Ocean Drive. 0-8 Vac Beach FL. 32963 ammo ,BURED ADOREts Sebastian River Chamber of Commerce 700 Main Street Sebastian FL 32958 ADolTiCtuL WANED Ee40Rreis) City of Sebastian PRO TY INF RMATION nal sheets armors pace is raqulred) LOCADOINDo oRPnpY Commercial building located at 700 Main Street, Sebastian, FL 32059 COVERAGE IN OUScwass INCOME RENTAL VALUE BLANKET CON/IMAGE TERRORtalN COVERNi6 15 COVERAGE PROVIDE FOR 'ce T I!o ACTT ONLYT 13 COVERAGE, A STAND ALONE POLICY? 00E5 COVERAGE INCLUDE IxJMESTAD TERRORISM? COVERAGE tOR M01D MOLD GXCLUSION St "YES. sweat arrnlutirew Tom mad) REPLACEMENT COST AGREED AMOUNT COIN3uRANCE EQUIPMENT BREAKDOWN LAW AND ORDINANCE Cevsvgs for lose to etidsmtptd ocotillo M buIbq -Ina' Cott of Caebueelsl EARTHOVAKE lIrAppII ble) FLOOD tE Apptcable) WIND I NAIL (E Somme Polley) PERMISSION TO WINE SUBROGATION PRIOR TO LDS$ REMARKS Inc)ud 3 Ial Conditions n (Use additional shpt more space Is required) KANE AND ADOBES* MO TBAGBA }0!sPAYEE ACORD Z8 (2003110) =AXON= ION ADOtaabee) O.m_ dOn Cew -Pia_ME! City of Sebastian 1225 Main Street Sebastian, FL 32959 Arai: 5h eM Pr, crs x additional insured =ADAM RAMS Alm ADDteet Wilcox Lloyd's Syndicate 0033 c/o Grisham Associates, Inc. P. 0. Box 116471 Atlanta GA 303613 MAIC lea ilkTP OONANABa COENLCit mwARATM DORY PON mew WAN NUMBER I ROUST NUMBER ORI.I27 SF memo *ATE WIRATEN DA E 01 /29/2007 0112912008 TNI5 REMLAO5, Moe eNDENCR EATEN D ri 1111 COMMERCIAL PROPERTY COVERAGE AIAOUNT OF 1N3URANCff' 200,000 DaQ 000/ lid i c% If YES, I YES, bIdlcw6 alma Ot (enema BO pepsin sin IdwRalaheva; S Made times oacko lee Nome/ DEC if YES, SUE LIMN: IYES. LENT: tf YES. SUS LIMIT; EYES, LIMIT: W YES, 80 YES; MR; EYES; UMR: Limn: E YES. t YES: UMR: 1 YB5. UMRt E vac, LIMIT. EYES. LIMIT; C ANCELLATION THE POLICY 10 SU3JtCT TO ?NNE PREEIa1UUE, FORMS, ANO RtJt.58 N1 EFFECT FOR EACH POLICY PERIOD. 5NCU.p 711! POLICY YE TERMINATED, 7114 T H COMPANY mu. DUCY MAT WOULD A 'MT INTII5T, ACCoR p WR$ THE PD DNS OR AS REQUIRED BY MW. NOTICE, AND wRi. 881113 NOTIFR:AmoN °P A NY CHANCES TO ADDITIONAL INTEREST *ONOF-R 3 15 Inc NCAmaNmmonn ADORES, AUTNORa:ED REPRESENTATIVE DES DEOI PAGE 01/02 camps, MITL TRImov tso it memo mug lots liusti ltd a we mass 0 ACORD PPORATION 2003 02/27/2007 10:51 7725895993 SRA CHAMBER COMMERCE Feb 00 07 11:444 R11 Insurance Source 7 722319144 PAGE 02/02 p.2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE eftwucER CnOT: n.RDaYYw 0210812007 All Insurance Some nos R ONLY AND CERTIFICATE ISSUED As A MATTER OF INFORMATION 2853 Ocean Drive, 04 HOLDER. THIS CERTIFICATE D NOT AMEND EXTEN OR ALTt f1 THE C RAGE AFRO BY T POLICIES BELOW, Vero BeaCh FL 32963 INSURERS APFORDING COVERAGE MIMED Sebastian River Chamber of CommerCe 700 Min Street .+sualft A SCOTTSDALO INSURANCE C0111P Mottle Et F a 11 1 1 lnl_�L 5 c, A OTHER R AA4E LJABILoy ANY AUTO Sebastian FL 32958 OEDUCnnE RETBYT14N ANY Y CONIPENIIAMI Ag iNipp� F ..WME �EZcunint P C COVERAGES THE P0UC1EB OF INSUMPICE LIMPID B ovi CLAn HAVE O OTHER INSURED NAMED FOUCY PERIOD NOTWITHSTANDING ANY R6RU1RdNFPrT, TT9tM ABOVE FDR THE B�gICATBp, MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUClB D6SORIBID H T 86 us,BCTH RESPECT E ws, X C L O as NAY IRE ISSUED CR Pa.IC■:s. AOONEQATE min i wN IIA Y HAVE BEEN REDUCED BY PAM s. TERM, L NS CONDITIONS OF SUCH 1P LIABILITY CLAIMS $AD OCCUR CML B)fCWf7Ltae OMR LJ AtAot CL81331265 01129/2007 DlICRWTION OF omicrons/ LOravnors rvsloc vS, ORCLUZlona Amu; PY INDORrY1ENY1 I IUOF.L•IWVWONI CERTIFICATE HOLDER SEBASTIAN, FL 32838 R rrA): Shea, Fr/r,Ci ACR 2b 2pp1( 105) CITY OF SEBASTIAN 1223 MAIN SIRED' CANCELLATION 01/29/2008 E coln Bllott TAW BODILY W.IINY rarstreers BODILY Iuu V fir OCHRIBTN A 1 1 BA A01) I NAIC 1� 1 000 000 100 000 5.000 EXCLUDED CLUDED SNOu mITYOiTHBANDVEOB1Oa SID Fauna NISINCENSDnuoNSTINENSIATIE 1 BAMR ft IRRT3K TN6 NWUl1Ne RRIVR w MM.1. IND[AVON TOME. DAYS TTwTTENr NOT=E WOTNV 0 1 1 1 OpWATt MOLBBa moans To ire LWT, IVtPPRBBM 'Moo EO $MM.L WPM NO GIUIBATIon OR L ANUTY OP Ain IOND UFOs TNt Pr81m riE Aasrrs ON ADTEICEINCBD a4RalINrATNB ®ACORD CORPORATION TIME This Lease is entered into this20d day bet en the City of Sebastian, 1225 Main Street, Sebastian, Flori.a 32958 a municipality established under the laws of the State of \Florida "Lessor" or "City and the Sebastian River Area Historal Society, Inc. "Historical Society P.O. Box 781348, Sebastian, Florida 32958, a Florida not for profit corporation and the Sebastian River Area Chamber of Commerce "Chamber of Commerce'!• a Florida not for profit corporation, 1302 U.S. #1, Sebastian, Flo da (jointly, "Lessee WHEREAS, the City i the owner of certain property and improvements located at 70 Main Street, Sebastian, Florida "Premises and WHEREAS, the City desires to Lase the Premises to Lessee, to occupy and use as a City Hist rical Museum and Visitor Information Center, consistent with the als and programs of the Historical Society and the Chamber of Commer upon the conditions expressed below; and LEASE NOW THEREFORE, in consideration of the c ovenants of the parties and of the conditions and agreements herein Qntained, the parties agree as follows: 1. The City hereby leases to Lessee, the premises ommonly known as the City Utility Building, located at 700 Main St eet, Sebastian, Florida "Leased Premises to have and to hold Z Leased Premises for a term of ten (10) years, commencing on the, 1997, Date of Occupancy, which is defined as the date which the Lessor receives a Certificate of Occupancy for the Leased Premises, as provided in Paragraph 2 of this Lease. Lessee shall have the option to renew the Lease for an additional ten (10) year term by providing Lessor with written notice of Lessee's decision to exercise its option not less than one hundred eighty (180) days prior to the expiration of the initial term of this Lease. The Historical Society and the Chamber of Commerce shall each occupy approximately one half of the space within the Leased Premises. 2. The parties agree that certain improvements "Improvements must be made to the City Utility Building (a list of the planned Improvements is attached hereto and incorporated herein by this reference as Exhibit "A Lessee shall, at its sole cost and expense, construct the Improvements, as specified in Exhibit "A to the satisfaction of the City. Lessee agrees to complete construction of the Improvements within six (6) months following the Date of Occupancy. The Date of Occupancy is defined as the date which the Lessor receives a certificate of occupancy for the Leased Premises. The cost of construction of the Improvements has been estimated to be approximately Eight Thousand Six Hundred Dollars ($8,600.00). Lessee agrees to pay to Lessor as rent for the Leased Premises the sum of One Dollar ($1.00) per year for the Lease term. 3. Lessee agrees that, at least five (5) days before any 2 construction work, labor or materials are used or expended by Lessee or on Lessee's behalf by any person, firm or corporation or by an contractor, that Lessee will post and record, or cause to be posted and recorded, as provided by law, a notice of nonresponsibility on behalf of Lessor, giving notice that the Lessor is not responsible for any work, labor or materials used or expended or to be used or expended on the Leased Premises. 4. It is agreed that the Leased Premises are to be used by Lessee exclusively for the administrative offices of the Historical and the Chamber of Commerce and, for a museum and visitor information center, and for no other purpose, without the prior written consent of Lessor. 5. It is agreed that Lessee shall maintain the land and building in first -class condition, and shall at its own cost and expense, make all repairs to the Leased Premises; and upon termination of this Lease will yield the Leased Premises to Lessor in good condition and repair. 6. In addition to the Improvements discussed in Paragraph 2, Lessee shall have the right, at its sole cost and expense during the term of the Lease, to alter the existing building and to make additional improvements thereto. All improvements placed in, upon, or attached to the Leased Premises shall remain the property of the City. 7. Lessee shall not assign this Lease, or any interest in this 3 Lease, or sublet any portion of the Leased Premises, without the prior of and upon such terms and conditions as may be prescribed by the City Manager. Should either the Historical Society or the Chamber of Commerce vacate the Leased Premises, the remainder of the two shall have the option to occupy the entire Leased Premises, subject to the approval of the Lessor. 8. Lessee shall defend, indemnify and save harmless the Lessor, its agents and employees, against any liability or claim whether for injury to persons, including death, or damage to property (i) occurring on or arising out of the use of the Leased Premises during the term of this agreement except if caused by an wilful or negligent act or omission to act by Lessor, its agents, employees, licensees or contractors; (ii) arising out of any default by Lessee, or (iii) arising out of any wilful or negligent act or omission to act by Lessee, its agents or employees at any time or occurring in or on the Leased Premises prior to the beginning of the term. Lessee's obligations under the preceding sentence shall be limited to liability or claim resulting solely from the wilful or negligent act of Lessee, its agents and employees, or from Lessee's failure to perform its covenants under this lease. The indemnification shall not exceed the maximum limitation in the Lessee's contractual liability insurance coverage which shall not be less than: (1) bodily injury $1,000,000 (2) property damage $1,000,000, and which shall name the City as an 4 additional insured. Lessee shall provide Lessor with a Certificate of Insurance evidencing this coverage prior to the Date of Occupancy. 9. Either party shall be in default of any covenant of this Lease only if the party has received written notice of such alleged default from the other party, and, if within 30 days after receipt of such notice, the party has not diligently commenced to comply with such covenant. 10. Any notices that are required here, or which either Lessor Lessee may desire to serve upon the other, shall be in writing and shall be deemed served when delivered personally, or when deposited in the United States mail, postage prepaid, return receipt requested, addressed to Lessee at (Sebastian River Historical, Inc, P.O. Box 781348, Sebastian, Florida, 32958 and Sebastian River Area Chamber of Commerce, 1302 U.S. Highway #1, Sebastian, Florida 32958) and to Lessor at 1225 Main Street, attention City Manager. 11. Waiver by Lessor of any default in performance by Lessee of any of the terms, covenants, or conditions contained here, shall not be deemed a continuing waiver of that default or any subsequent default. 13. Lessee agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the Leased Premises and its use. 14. The Historical Society and the Chamber of Commerce shall 5 be jointly and severally responsible for the performance of the covenants under this Lease; provided, however, that due to certain financial limitations, the Chamber of Commerce shall be responsible for the construction of the Improvements. 15. The Historical Society agrees to release its interests and that of its assigns to property legally described as Lot 9, Block 406 and Tract B, of Sebastian Highlands Unit 7, according to the plat thereof, as recorded in Plat Book 6, Page 6 of the Public Records of Indian River County, Florida, as provided in that certain warranty deed from General Development Corporation to the City of Sebastian, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "B SEBASTIAN RIVER AREA HISTORICAL SOCIETY, INC. By. (:_7 'f< esident By: i�6• President SEBASTIAN RIVER AREA CHAMBER OF COMMERCE Approved as to Form and Content: Valerie F. Settles, City Attorney 6 CITY OF SEBASTIAN A Municipal Corporation Existing under the laws of State of Florida Thomas W. Fr City Manager ATTEST: <U.ii Kathryn /M. O' Hallow an CMC /AAE 1. Repair Roof 2. Paint Building Exterior EXHIBIT "A" Estimated Cost Remove and replace shingles Repair and replace existing soffit and fascia with aluminum as per City of Sebastian drawing #24- 97- DST005 attached hereto. S6,800 Use Benjamin Moore Products or equivalent Prep building for painting (pressure clean) Seal exterior with Alkyd Masonry Sealer #077 -00 Paint (2 coat) Elastomeric Waterproof Coating #055 3. Remove 2 Existing Window Air Conditioners $1,400 Remove the two existing window air conditioners Iocated at the rear of the property and enclose the openings. 400 7 Total Estimated Value $8,600 MUNICIPAL AIRPORT AGENDA TRANSMITTAL City of Sebastian, Florida Subject: Amendment of LoPresti Aviation Airport Lease Agreement A pr i ed for Submittal by: A M ner, City Manager Exhibits: 1. Second Amendment of Aviation Lease; 2. LoPresti Airport Lease; 3. LoPresti Correspondence EXPENDITURE REQUIRED: -0- Agenda No. 10.013 Department: Airport (origin): Finance Director: City Attorney: City Clerk: Date Submitted: July 21, 2010 For Agenda of: July 28, 2010 AMOUNT BUDGETED: -0- APPROPRIATION REQUIRED: -0- SUMMARY Mr. Curt LoPresti, President of LoPresti Aviation, has requested a modification in the USE OF LEASED PREMISES (Section 6) provision in the lease agreement between the City and LoPresti Aviation. Mr. LoPresti wishes to modify his lease by adding LoPresti Aviation as a: Specialized Aeronautical Service Operator This classification is provided for in Section 5 of the Minimum Standards of the Guiding Documents for Sebastian Municipal Airport and would provide that LoPresti Aviation may engage in Aircraft Airframe, Engine, and Accessory Maintenance and Repair, in addition to the previously approved use as a manufacturing business. It is airport staff's position that the use and purpose changes to the LoPresti leasehold would not affect other tenants at the airport. The change in the use and purpose may permit LoPresti to add some jobs. RECOMMENDATION Approve execution of the SECOND AMENDMENT OF AVIATION LEASE AGREEMENT for LoPresti Aviation. and, SECOND AMENDMENT OF AVIATION LEASE AGREEMENT THIS SECOND AMENDMENT of the AIRPORT AVIATION LEASE AGREEMENT (hereinafter "Lease by and between the CITY OF SEBASTIAN (hereinafter "Landlord and LoPresti Aviation (hereinafter "Tenant dated 2 April 2008, 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; WHEREAS, the Tenant wishes to add to, and modify, Section 6 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 6 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: Aircraft Airframe, Engine, and Accessory Maintenance and Repair IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 29 day of July 2010. ATTEST: CITY OF SEBASTIAN A Municipal Corporation Sally Maio, MMC Al Mirmer, City Manager Approved as to Form and Legality for TENANT Reliance by the City Of Sebastian only: LoPresti Aviation Robert Ginsburg, City Attorney Curt LoPresti, President 1 I LEASE AGREEMENT between the City Of Sebastian and LoPresti Aviation AIRPORT LEASE THIS LEASE, made and entered into this 2" day of April, 2008, 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 LoPresti Speed Merchants, Inc. (hereinafter referred to as "Tenant" or LoPresti). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties This document contains seventeen (17) pages, plus Schedule Pages "A" and `B." WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to _certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. RECITALS. The stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, and in accordance with the Principal Guiding Documents for Sebastian Municipal Airport, the Landlord hereby leases to the Tenant and the Tenant hereby rents from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" affixed hereto and made a part hereof by reference (hereafter referred to as the "leased premises A also included is that portion of real property of the Landlord which is described more particularly on Schedule `B" affixed 1 hereto and made a part hereof by reference (hereafter referred to as the "leased premises B In the event that any portion of the Leased Premises, A or B, 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. Pending approval of the underlying lease by the City Council of the City Of Sebastian, it is understood that Tenant shall have access to the leased premises `A' on December 1, 2008 for the purposes of configuration and `move -in' functions. It is anticipated that Tenant shall have access to leased premises `B' on January 1, 2009. It is understood that Tenant's start date for rent payments on the leased premises is January 1, 2009. Tenant agrees to `hold harmless' the City Of Sebastian for any /all claims, liability, and damages resulting from activities by Tenant during move -in. 3. TERM OF LEASE. The term of this Lease shall be for a period of fifteen (15) years commencing January 1, 2009, and will end on the fifteenth (15 anniversary of such date. The Tenant shall have the option to extend the lease for a period of five (5) years with agreement by the City Of Sebastian. Notice of intent to exercise said option by Tenant must be received by Landlord no later than six (6) months prior to the expiration of the underlying lease. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) Base rent for the leased premises shall be forty -four thousand four hundred dollars ($44,400.00). The parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In January 2010, the Landlord will compare the most recent price index with the base price index for 2009, and the yearly rent amount shall be increased proportionally based upon changes in the price index, if appropriate, on February 1, 2010. Another such adjustment shall be undertaken for February 1, 2011, and every year thereafter until the expiration date of the lease, including the option period if applicable. (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 2 paid within five 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 term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all unmatured rent installments presently due and payable. (2) Partial acceleration. In lieu of the option in sub paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the options 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 3 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. (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 on January 1, 2009. Rental payments for leased premises as described in Section 3 (above), Schedule "A," and Schedule "B" will then be due on a like day of every quarter thereafter during the term of this Lease. 5. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the primary purpose of the operation of Tenant's manufacturing business. In order to utilize the leased premises for this purpose, it may be necessary to use improvements previously constructed upon the leased premises. Tenant acknowledges that these improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 6 hereof, and shall have the right to construct improvements upon the leased premises, provided any such improvements do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such improvements are approved, in writing, by the Sebastian City Council 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) and the Florida Department of Transportation (FDOT). (b) .The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such improvements. 4 5 (c) All improvements and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non fixture personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, s all continue to be owned by Tenant and, at its option, may remove all such persdnalty, 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 Tenant's expense. 6. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. Tenant will abide by the Principal Guiding Documents for Sebastian Municipal Airport. Tenant agrees that the leased premises shall be used by the Tenant for the purpose of the operation of a manufacturing business. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All aeronautical businesses and activities must be certified and licensed by appropriate agencies, including the FAA, in the appropriate categories of their specific operation. 7. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the leased premises. The Tenant shall keep the leased premises in a good state of maintenance and repair and keep the leased premises in a clean 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 are 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 lie arising out of or in any way connected with such additions or renovations. 8. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, phone, internet, or any other utility or service consumed in connection with the leased premises. Relating to leased premises `A', utility charges shall be assessed to Tenant by Landlord on a prorated basis according to the Tenant square foot usage. Relating to leased premises `B', utility charges shall be charged by the appropriate agency to Tenant by separate meter. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 9. 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. 6 10. 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 therefore shall be provided to the Landlord upon request. 11. 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 and operations thereupon. The insurance coverage to be maintained by the Tenant shall contain limits of: (a) Bodily Injury and Property Damage $1,000,000 Combined Single Limits (b) Products and Completed Operations Liability (if applicable) $1,000,000 Combined Single Limit. (c) Aircraft Liability $1,000,000 Bodily Injury and Property Damage Combined Single Limit. (d) Insurance in the full replacement value of all Personal Property, Equipment, and Trade Fixtures on the Leased Premises. (e) Ground and Hangar Keeper's Liability adequate coverage for any single aircraft in storage or care and a limit covering the total value of those aircraft but not less than $100,000 for damage to any one (1) aircraft and $500,000 per each occurrence. (f) Chemical Liability Insurance (if applicable) minimum of $400,000 Combined Single Limit. (g) For aircraft Fueling Operations a Comprehensive Aircraft Liability policy indicating that the coverage includes owner's fueling/defueling operations with fueling equipment owned and/or operated by the Tenant. The minimum shall be $1,000,000 Combined Single Limit for Bodily Injury and Property Damage. (h) Automobile Liability Insurance: (1) Each service provider operating one or more motor vehicles on the City's premises in the performance of their work shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $300,000 Combined Single Limit. (2) Service Providers having unescorted access to the AOA at the Sebastian Municipal. Airport shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $1,000,000 Combined Single Limit. (i) Builder's Risk during any construction on a leased site, the service provider shall furnish Builder's Risk Insurance insuring the contract price, with the City listed as the named insured. Any deductibles under the builder's risk policy shall be the responsibility of the service provider. 7 (j) Workers' Compensation Insurance: as required by Florida Statutes. Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Of Sebastian City Council. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph 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. 12. 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 therefore. The Landlord shall have no obligation to keep the leased premises contents insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. All policies described in this Paragraph 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. 8 13. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER CASUALTY. In the event the leased premises are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said premises and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. (a) If the Tenant, under its option, elects not to repair the leased premises, either party may choose to cancel the Lease; if either party elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of such damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (b) In the event the Tenant, under its option, elects not to repair and/or replace the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the leased premises. 14. 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 shall survive the termination or cancellation of the Lease. 15. ENVIRONMENTAL MA'II'ERS. 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, 9 petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant, sub- Tenants, agents, assigns, or users of leased premises or fuel farm. The presence of said substance or materials on the leased premises, or fuel farm, shall raise the presumption that Tenant is the cause of such presence. This Paragraph shall survive the termination, or cancellation, of the Lease. 16. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section 6 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. 17. 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. 18. 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. 19. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on 10 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. 20. 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 Tenant's 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 11 and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof; (i) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; (j) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through j 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. 21. 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 12 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. 22. 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: LoPresti Speed Merchants, Inc. 202 Airport Drive East Sebastian, FL 32958 Attn: Curtis LoPresti 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. 23. 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 law 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. 13 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. 24. REMOVAL OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, the Tenant agrees to immediately surrender possession of the premises and all facilities thereon. Tenant shall have the right to remove all personal property owned by the Tenant provided any damages in removal are repaired by the Tenant at Tenant's sole cost. Any personal property not removed within thirty (30) days shall be presumed abandoned. The cost of removing any such abandoned property that the City deems unusable shall be indemnified to Landlord by Tenant. 25. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which 'would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 26. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to 14 J, 15 discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the aboi'e 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. 27. ENTIRE AGREEMENT. This Leate contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior 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. 28. 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. 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. 29. 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. 30. 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. THE PARTIES HEREBY WAIVE THE RIGHT OF TRIAL BY JURY OF ANY ISSUES SO TRIABLE. 31. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 32. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 33. 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 16 Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re -entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. PEST: Rich Stringer, Ci ').rney LoPresti S By: Curtis LoPresti, President Approved as to Form and Legality for Reli the City of Sebastian only: 17 CITY 4F ASTIAN A M ci rporation Corporate Seal: er, City Manager Schedule "A" Lease Agreement between the City Of Sebastian and LoPresti Speed Merchants, Inc. 1. Leased premises shall include a `wing' at the Sebastian Municipal Airport Administration Building currently known as the "Public Works Wing." This space is approximately 1700 square feet, more or less. 2. A 10' X 10' office adjoining the lobby area of the administration building is included. Total leased space is 1800 square feet. 2. Premises are furnished, as is. Prior to occupancy, the Landlord and Tenant will exchange an inventory of the furnishings that will include the condition of said furnishings. 3. Utility charges shall be prorated according to square foot usage. 4. Common Area Maintenance (CAM) shall be at no charge to the Tenant. 5. Lobby /reception area shall be considered a common/shared space with other building tenants. 6. Tenant shall have priority use of a locked Conference Room/Library adjacent to the lobby of the administration building with appropriate notice to the Landlord. Schedule `B" Lease Agreement between the City Of Sebastian and LoPresti Speed Merchants, Inc. Concerning Hanger Operations 1. The City Of Sebastian shall lease to LoPresti Speed Merchants, Inc. a 15,000 square foot hanger located at the Sebastian Municipal Airport, adjacent to the Airport Administration Building. It is understood that the hanger facility shall be used in conjunction with the manufacturing operations of LoPresti Aviation interests. The City Of Sebastian retains ownership of the hanger facility throughout the term of the lease. 2. The lease rate shall be at a rate as describe in section 4 of the lease agreement. 3. It is understood that LoPresti will provide adequate insurance on all aspects relating to its manufacturing/hanger operations. In addition, LoPresti will provide adequate liability and property damage insurance coverage on the city -owned hanger facility. LoPresti Speed Merchants, Inc. will hold harrriless the City Of Sebastian of any claim or liability relating to LoPresti's hanger operation. r" LoPresti City of Sebastian, LoPresti Speed Merchants requests a revision to the existing lease with the City of Sebastian. Currently, we manufacture products which require installation. Part of our developmental process is to install these products ourselves. These modifications require that we also do aircraft maintenance and repair for our customer. This repair /maintenance /rework addition is a required part of product development, our core business. If you have any questions please contact me. Curt LoPresti President, LoPresti Aviation LoPresti Aviation 210 Ariport Drive Sebastian, FL 32958 772.562.5747 www.LoPrestiAviation.com June 15, 2010 Subject: A Archie Smith Fish House ro r Submittal by: Agenda No. /0 Department Origin: City Attorney: City Manager City Clerk: Date Submitted: 22 JUL 10 I i er, City Manager EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 Holler OF PELICAN SIAM AGENDA TRANSMITTAL SUMMARY On Wednesday, July 21 Rebecca Grohall and I met with Bob Keating and Roland DeBlois regarding the Archie Smith Fish House. Indian River County (IRC) represented that they would be interested in turning management of the property over to the City. However, IRC did not believe that the property could be deeded to the City as bond covenants would require that they have an interest in the property. Instead, IRC expressed interest in negotiating a 99 year lease for the property. Below are some points of interest from our discussion: IRC has conducted some initial review of the facility and estimates renovation costs at $750,000. These costs are rough, but predicated on (1) proper historic restoration; (2) lead paint; and, (3) lifting the structures in place to stabilize the structural piers. IRC provided their draft Management Plan, surveys and other documents to the City. These documents are available in the Growth Management Office. IRC staff represented that providing the City funding would be difficult as the Land Acquisition fund balance is approximately $300,000 and other grant assurances has these funds encumbered. IRC staff recommended other grant sources such as FIND and Florida Historic Preservation grant. The transaction would include use of the uplands area on the west side of Indian River Drive. IRC staff discussed some use of the facility for museum, park and a potential location for the historic rail depot. RECOMMENDATION This is a non action item and Staff seeks direction from Council for planning purposes. Exhibit A ‘WC-',.WeAktie.:41MAW-..-..e..VYitt.:_tkeitSAVjakei)CIV,.% ih)a,*410_kijAliW41,..WeatkVar.).....,^.2SW....."WeA, Watkeb.t,, ID) 001 0001 0416 (o•li sal, (ow), (01s) (00) WO COO, (041,Cia0) (Oa) tea) if/be). fall9.caa).: MIN ,K WM V _QM) lacy eta faaniaaVr_ ea. Oa, 0,0 0 s ll 0 N N 0 NN 0 S c KAI 1C 0 6 WWI NW. icet(C e NA iNvie'vW(eii iqi(el..Ige i.W• Kiri 411 II It;'eleWit sKAsKitsw 1 1. 1 e. MI 1 iii(Is -(1).'; "gLt KlA a a, sa 14% Mp. 0) ta i a 10 i• a ._Z tat Z)1;. t iictisi KO Zi,_ to C•P AO rei; 411)' Cs. ?CID 43 Z(Vs. department af biatt •t. r k1 1 certify the attached is a true and correct copy of the Articles of Amendment, :OV. :;..c -gt:Y5 filed on November 10, 2008, to Articles of Incorporation for FISHERMAN'S f LANDING SEBASTIAN, INC., a Florida corporation, as shown by the records of ..V. this office. ,.c. ti r h The document number of tis corporation Is N08000004478. ?.40 ....,-.t.-.. Z. 4 •c.-1.-t. --,.1)). fo 13 6 0> 4 0.),‘ 1#'?: 1:ive. it(fCe AK, a, •Ca a :fa lf 1101( .'■.:(1:.;: "4.5. :-d4la 5.0„kos i 44 ,1 Given under my hand and the .4 Great Seal of the State of Florida gO. at Tallahassee, the Capitol, this the .i, Fourteenth day of November, 2008 7 .4) 1,1- ......to ..):o■ ci tic i 1-....4 'lei it Of 2 're t ?.(1}% A raft* cc r eta r g off4tute CFI2E022 (01-07) MA 0 i ..Z 7 1 e a 1i a V a '1%i a 1 a 'C' V 4 O 1 kIl Y.:.% i re.•.1e .•le JeY II I?1 V.M I 0 .Z1 1 ,0 0 ,,:A V:A. Y.1%4 eirl.kelcikep, pr. 7441N. 4 e S'efe r,'":0 A'.1 I 6 ,N r, 0 ,N 4 e A ri c% "it ,t d I A f N A I A A il A A 0 A A e g'.■ 1 d i to 1.1 Ce, II ,C. krei 41 ‘Clie .:re e■ 01 trall• N November 14, 2008 CHARLES W. SEMBLER 694549TH STREET VERO BEACH, FL 32967 FLORIDA DEPARTMENT OF STATE Division of Corporations Re; Document Number N08000004478 The Articles of Amendment to the Articles of Incorporation for FISHERMAN'S LANDING SEBASTIAN, INC., a Florida corporation, were filed on November 10, 2008. The certification requested is enclosed. Should you have any question regarding this matter, please telephone (850) 245 -6050, the Amendment Filing Section. Thelma Lewis Document Specialist Supervisor Division of Corporations Letter Number. 308A00057268 P.O. BOX 6327 Tallahassee, Florida 32314 Articles of Amendment to Articles of Incorporation of (Name of Corporation as currently filed with the Florida Dept. or State) NO8000004478 (Document Number of Corporation (if known) Pursuant to the provisions of section 617.1006, Florida Statutes, this Florida Not For Profit Corporation adopts the following arncndment(s) to its Articles of Incorporation: A. If ame nding name. enter the new name of the corporation: The new name must be distinguishable and contain the word "corporation" or "incorporated" or the abbreviation 'Corp. or Inc." "Company" or "Co," may not be used in the name. B. Enter new principal office addresstir applicable: (Principal office address MU4T BE A STREET ADDRESS) C. t?,nter new mallina address. if ai nlicable: (Malting address MAY BE A POST OFFICE BOX) D. if amending the registered agent and /or registered office address in Florida, enter the name of the new registered *rent and/or the new registered office address: Name of New fieristered Agent: New Registered Office Address: (Florida street address) Florida (City) (Zip Code) New Registered Arcnt!s Signature. if changing Registered Arent: 1 hereby accept the appointment as registered agent: 1 am familiar with and accept the obligations of the position. Signature of New Registered Agent, if changing Page 1 of 3 7412CS' 4 1 0 01 L I $3L., ;i e_ p fwd t a I en the f ice d/. r Directo en r th titl d am o eAC c r /directur bein removed and title. name, and address of each °Meer And /or Director bean added: (Attach additional sheets, if necessary) Title Name Address E. If amendine or addine additional Articles, enter chanize(s) here: (attach additional sheets, if necessary). (Be specific) ARTICLE III PURPOSE(S) U Add D Remove 0' Add Remove Add D Remove The specific purposes) for which the corporation is organized is (are): /(l• i 1 •t 1 h_ t T .business entities for their commercjtbarvest of marinQprganisms or saltwater products and conduct exhibit o s demons ration and e ducati on al venu to promote and inform the public about the economic, cultural and historic heritage of Florida's traditional workin waterfronts. Workin Waterfront means a activities for the u se of the commercial harvest of marine or•anisms or saltwater •roducts b state licensed commercial fishermen, aquaculturists, or business entities, including piers, wharves, docks, or other facilities operated to provide waterfront access to licensed commercial fishermen, aquaculturists, or business entities; or (b) activities for exhibitions, demonstrations, educational venues, civic events and other purposes that promote and the public about economic, culturai and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and a uaculture industries. Page 2 of 3 Tyne of Action aquaculturists. or Said organization is organized exclusively for charitable, educational and scientific purposes, including, for such purposes, the making of distributions to Organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members..trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and Distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distributions of statements) and political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from Federal income tax under section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future tax code, or (b) by an organization, contributions to which are deductible under section 170 (c) (2) of the Internal Revenue Code, or corresponding section of any future federal tax code. Upon dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c) (3) of the Internal Revenue Code, or corresponding section of any future Federal tax code, or shall be distributed to the federal govemment, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organization of organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. The date o(each amendment(s) adoption: November 1, 2008 Effective date if annticabk: November 1, 2008 (no more than 90 days after amendment file date) Adoption of Amendment(s) (CHECK QNE) 0 The amendments) was/were adopted by the members and the number of votes cast for the amendment(s) was/were sufficient for approval. 0 There are no members or members entitled to vote on the amendment(s). The amendment(s) was /were adopted by the board of directors. Dated Signature (By the chairman or vice chairman of the board, president or other officer if directors have not been selected, by an incorporator —"if in the hands of a receiver, trustee, or other court appointed fiduciary by that fiduciary) C4, Ifs w 4 (Typed or printed name of person signing) P ecs ro�t.h (Title of person signing) Page 3 of 3 BY -LAWS OF FISHERMAN'S LANDING SEBASTIAN, INC. ARTICLE 1 OFFICERS The principal office of the corporation shall be at: 6945 49 Street, City of Vero Beach, County of Indian River, State of Florida, Zip 32967. The Corporation may also have offices at such other places within or without this state at the board may from time to time determine or the business of the corporation may require. ARTICLE 11 PURPOSES The purposes for which this corporation has been organized are as follows: To provide waterfront access to licensed commercial fisherman, aquaculturists, or business entities for their commercial harvest of marine organisms or saltwater products and' conduct exhibitions, demonstrations and educational venues to promote and inform the public about the economic, cultural and historic heritage of Florida's, traditional working waterfronts Working waterfront means (a) activities for the purpose of the commercial harvest of marine organisms or saltwater products sby state licensed commercial fishermen, aquaculturists, or business entities, including piers, wharves, docks or other facilities operated to provide waterfront access to licensed commercial fishermen., aquaculturists, or business entities; or (b) activities for exhibitions, demonstrations, educational venues, civic events and other purposes that promote and educate the public about the economic; cultural and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquaculture industries. Said organization is organized exclusively for charitable, educational and scientific purposes, including for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501 (c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. ARTICLE III MEMBERSHP. 1. QUALIFICATIONS FOR MEMBERSHIP. A. All members of the Corporation must be approved by the governing board B. All members must be free of any criminal record, except for minor traffic violations C. All members must agree to the intended purpose of the Corporation and dedicate themselves to accomplishing its mission. D. All members must sign the Conflict of Interest Policy as adopted by the Corporation. E. No member may be a party to or carry on any other activities not permitted to be carried on (a) by an organization exempt from Federal Income tax under Section 501 (cX3) of the Internal Revenue Code, or corresponding section of any future tax code, or (b) by an organization, contributions to which are deductible under section 170 (cX2) of the Internal Revenue Code, or corresponding section of any future federal tax code. F. No member shall participate in activities deemed to be carrying on of propaganda, or otherwise attempting to influence legislation, or intervene in a political campaign on behalf of any candidate for public office, through this organization, because of this organization or on its behalf. This does not preclude an member's right as a citizen of the United States and any state thereof, from participating in campaigns for public office or the legislative process as a private citizen. MBL-2 2. MEMBERSHIP MEETINGS. Th� annual membership meeting of the corporation shall be held on the irs day of gust each year except that if such day be a legal holiday then in that event the directors shall fix a day not more than two weeks from the date fixed by these by -laws. The secretary shall cause to be mailed to every member in good standing at his address as it appears on the membership roll book of the corporation a notice stating the time and place of the annual meeting. Regular meetings of the corporation shall be held: 6945 49 Street, Vero Beach, Florida 32967 or any other designated place as the directors from time to time shall dictate. The presence at any membership meeting of not less than two members shall constitute a quorum and shall be necessary to conduct the business of the corporation; however, a lesser number may adjourn the meeting for a. period of not more than our weeks from the date scheduled by the by -laws and the secretary shall cause a notice of the re- scheduled date of the meeting to be sent to those members who were not present at the meeting originally called. A quorum as hereinbefore set forth shall be required at any adjourned meeting, A membership roll showing the list of members as of the record date, certified by the secretary of the corporation, shall be produced at any meeting of members upon the request therefore of any member who has given written notice to the corporation that such request will be made at least ten days prior to such meeting. All persons appearing on such membership roll shall be entitled to vote at the meeting. SPECIAL MEETINGS: Special meetings of the corporation may be called by the directors. The secretary shall cause a notice of such meeting to be mailed to all members at their addresses as they appear in the membership roll book at least ten days but not more than fifty days before the scheduled date of such meeting. Such notice shall state the date, time, place and purpose of the meeting and by whom called. MBL -3 No other business but that specified in the notice may be transacted at such special meeting without the unanimous consent of all present at such meeting. 4. FIXING RECORD DATE. For the purpose of determining the members entitled to notice of or to vote at any meeting of members or any adjournment thereof, or to express consent to or dissent from any proposal without a meeting, or for the purpose of determining the members entitled to receive any distribution or any allotment of any rights, or for the purpose of any other action, the board shall fix, in advance, a date as the record date for any such determination of members. Such date shall not be more than fifty nor less than ten days before any such meeting, nor more than fifty days prior to any other action. 5. ACTION BY MEMBERS WITHOUT. A MEETING. Whenever members are required or permitted to take any action by vote, such action may be taken without a meeting by written consent, setting forth the action so taken, signed by all the members entitled to vote thereon. 6. PROXIES. Every member entitled to vote at a meeting of members or to express consent or dissent without a meeting may authorize another person or persons to act for him by proxy. Every proxy must be signed by the member or his attorney -in -fact. No proxy shall be valid after the expiration of eleven months from the date thereof unless otherwise provided in the proxy. Every proxy shall be revocable at the pleasure of the member executing it, except as otherwise provided by law. 7. ORDER OF BUSINESS. The order of business at all meetings of members shall be as follows: I. Roll call 2. Reading of the minutes of the preceding meeting 3. Reports of committees 4. Reports of officers 5. Old and unfinished business 6. New business 7. Good and welfare 8. Adjournments 8. MEMBERSHIP DUES. MBL-4. ARTICLE IV DIRECTORS 1. MANAGEMENT OF THE CORPORATION. The corporation shall be managed by the board of directors which shall consist of not less than three directors. Each director shall be at least nineteen years of age. 2. ELECTION AND TERM OF DIRECTORS. At each annual meeting of members the membership shall elect directors to hold office until the next annual meeting. Each director shall hold office until the expiration of the term for which he was elected and until his successor has been elected and shall have qualified, or until is prior resignation or removal. 3. INCREASE OR DECREASE IN NUMBER OF DIRECTORS. The number of directors may be increased or decreased by vote of the members or by a vote of a majority of all of the directors. No decrease in number of directors shall shorten the term of any incumbent director. 4. NEWLY CREATED DIRECTORSHIPS AND VACANCIES. Newly created directorships resulting from an increase in the number of directors and vacancies occurring in the board for any reason except the removal of directors without cause may be filled by a vote of a majority of the directors then in office, although less than a quorum exists, unless otherwise provided in the certificate of incorporation. Vacancies occurring by reason of the removal of directors without cause shall be filled by vote of the members. A director elected to fill a vacancy caused by resignation, death or removal shall be elected to hold office for the unexpired term of his predecessor. 5. REMOVAL OF DIRECTORS. Any of all of the directors may be removed for cause by vote of the members or by action of the board. Directors may be removed without cause only by vote of the members. 6. RESIGNATION. A director may resign at any time by giving written notice to the board, the president or the secretary of the corporation. Unless otherwise specified in the notice, the resignation shall take receipt thereof by the board or such officer, and the acceptance of the resignation shall not be necessary to make it effective. MBL -5 7. QUORUM OF DIRECTORS. Unless otherwise provided in the certificate of incorporation, a majority of the entire board shall constitute a quorum for the transaction of business or of any specified item of business. 8. ACTION OF THE BOARD. Unless otherwise required by law, the vote of a majority of the directors present at the time of the vote, if a quorum is present at such time, shall be the act of the board. Each director present shall have one vote. 9. PLACE AND TIME OF BOARD MEETINGS. The board may hold its meetings at the office of the corporation or at such other places, either within or without the state, as it may from time to time determine. 10. REGULAR ANNUAL MEETING. A regular annual meeting of the board shall be held immediately following the annual meeting of the members at the place of such annual meeting of members. 11. NOTICE OF MEETINGS OF THE BOARD, ADJOURNMENT. Regular meetings of the board may be held without notice at such time and place as it shall from time to time determine. Special meetings of the board shall be held upon notice to the directors and may be called by the president upon three days' notice to each director either personally or by mail or by wire; special meetings shall be called by the president or by the secretary in a like manner on written request of two directors. Notice of a meeting need not be given to any director who submits a waiver of notice whether before or after the meeting or who attends the meeting without protesting prior thereto or at its commencement, the lack of notice to him. A majority of the directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. Notice of the adjournment shall be given all directors who were absent at the time of the adjournment and, unless such time and place are announced at the meeting, to the other directors. 12. CHAIRMAN. At all meetings of the board the president, or in his absence, a chairman chosen by the board shall preside. MBL-6 13. EXECUTIVE AND OTHER COMMITTEES. The board, by resolution adopted by a majority of the entire board, may designate from among its members an executive committee and other committees, each consisting of three or more directors. Each such committee shall serve at the pleasure of the board. 1. OFFICES, ELECTION, TERM. Unless otherwise provided for in the certificate of incorporation, the board may elect or appoint a president, one or more vice presidents, a secretary and a treasurer, and such other officers as it may determine, who shall have such duties, powers and functions as hereinafter provided. All officers shall be elected or appointed to hold office until the meeting of the Board following the annual meeting of members. Each officer shall hold office for the term for which he /she is elected or appointed and until his successor has been elected or appointed and qualified. 2. REMOVAL, RESIGNATION, SALARY. Any officer elected or appointed by the board may be removed by the Board with or without cause. In the event of the death, resignation or removal of an officer, the board in its discretion may elect or appoint a successor to fill the unexpired term. Any two or more offices may be by the same person, except the offices of president and secretary. The salaries of all officers shall be fixed by the board. 3. PRESIDENT. The president shall be the chief executive officer of the corporation; he /she shall preside at all meetings of the members and of the board; he /she shall have the general management of the affairs of the corporation and shall see that all orders and resolutions of the board are carried into effect. 4. VIC &PRESIDENTS. During the absence or disability of the president, the vice president, or if there are more than one, the executive vice president, shall have all the powers and functions of the president. Each vice president shall perform such other duties as the board shall prescribe. 5. TREASURER. ARTICLE V OFFICERS The treasurer shall have the care and custody of all the funds and securities of the corporation, and shall deposit said funds in the name of the corporation in such bank or trust company as the directors may elect; he /she shall, when duly authorized by the board of directors, sign and execute all contracts in the name of the corporation, when countersigned by the MBL -7 6. ASSISTANT-TREASURER. president; he /she shall also sign all checks, drafts, notes, and orders for the payment of money, which shall be duly authorized by the board of directors and shall be countersigned by the president; he /she shall at all reasonable times exhibit his /her books and accounts to any director or member of the corporation upon application at the office of the corporation during ordinary business hours. At the end of each corporate year, he /she shall have an audit of the accounts of the corporation made by a committee appointed by the president, and shall present such audit in writing at the annual meeting of the members, at which time he /she shall also present an annual report setting forth in full the financial conditions of the corporations. During the absence or disability of the treasurer, the assistant treasurer, or if there are more than one, the one so designated by the secretary or by the board, shall have the powers and functions of the treasurer. 7. SECRETARY. The secretary shall keep the minutes of the board of directors and also the minutes of the members. He /she shall have the custody of the seal of the corporation and shall affix and attest the same to documents when duly authorized by the board of directors. He/she shall attend to the giving and serving of all notices of the corporation, and shall have charge of such books and papers as the board of directors may direct; he /she shall attend to such correspondence as may be assigned to him /her, and perform all the duties incidental to his/her office. He /she shall keep a membership roll containing the names, alphabetically arranged, of all persons who are members of the corporation, showing their places of residence and the time when they became members. 8. ASSISTANT-SECRETARIES. During the absence or disability of the secretary, the assistant- secretary, or if there are more than one, the one so designated by the or by the board, shall have all the powers and functions of the secretary. 9. SURETIES AND BONDS. In case the board shall so require, any officer or agent of the corporation shall execute to the corporation a bond in such sum and with such surety or sureties as the board may direct, conditioned upon the faithful performance of his/her duties to the corporation and including responsibility for negligence and for the accounting for all property, funds or securities of the corporation which may come into his/her hands. MRi: R ARTICLE VI SEAL The seal of the corporation shall be as follows: ARTICLE VII CONSTRUCTION If there be any conflict between the provisions of the certificate of incorporation and these bylaws, the provisions of the certificate of incorporation shall govern. ARTICLE VIII AMENDMENTS The by -laws may be adopted, amended or repealed by the members at the time they are entitled to vote in the election of directors. By- laws may also be adopted, amended or repealed by the board of directors but any by- law adopted, amended or repealed by the board may be amended by the members entitled to vote thereon as hereinbefore provided. If any by-law regulating an impending election of directors is adopted, amended or repealed by the board, there shall be set forth in the notice of the next meeting of members for the election of directors the by. law so adopted, amended, or repealed, together with a concise statement of the changes made. INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201 Date: MAR 2 6 Z00g FISHERMANS LANDING SEBASTIAN INC C/0 CHARLES W. SEMBLER, II 6945 49TH ST VERO BEACH, FL 32967 DEPARTMENT OF THE TREASURY Employer Identification Number: 26- 3167943 DLN: 17053242319018 Contact Person: BRENDA WILKINS Contact Telephone Number: (877) 829 -5500 Accounting Period Ending: December 31 Public Charity Status: 17O(b)(1)(A)evi) Form 990 Required: Yes Effective Date of Exemption: May 6, 2008 Contribution Deductibility: Yes Addendum Applies: No ID# 52638 Dear Applicant: We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221 -PC, Compliance Guide for 5O1(c)(3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Letter 947 (DO /CG) FISHERMANS LANDING SEBASTIAN INC Enclosures: Publication 4221 -PC Sincerely, ko fir.+ Robert Choi Director, Exempt Organizations Rulings and Agreements Letter 947 (DO /CG) Exhibit B BK: 2429 PG: 1534 Lots 1, 2 and 3, Block 2, Middleton's Subdivision of City o •astian, according to the map or plat thereof as recorded in Plat B.. 2, Page 56, Public Records of Indian River County, Florida. Property Appraiser's Account Nos: 217310, 217320 217330 TOGETHER WITH From a point of beginning at the intersection of the South line of Government Lot 2, of Section 31, Township 30 South, Range 39 East, Indian River. County, Florida, and the Mean High Water Mark of the West bank of Indian River, run West along said South line of Governmental Lot 2 a distance of 80.05 feet, more or less, to the East right -of -way of Old U.S. Highway No. 1, said right -of -way being 66 feet in width; thence run North 25 °22' West along said East right -of -way lin -,11 �.istance of 71.45 feet; then run East, parallel to the South line of sai• /e. ernmental Lot 2, a distance of 94.89 feet; thence run North 70 °45' Eas•�a distance of 132.03 feet to the established bulkhead line; thence run So 25 °22' East along said bulkhead line a distance of 66.43 feet; thence south 70 °45' West a distance of 145.50 feet to the point of beginning the Mean High Water Line of Indian River and on the South line of said eT) ent Lot 2; Property Appraiser's Account No. 7:/' l� AND ALSO all of that part of Lo" Block 1, MIDDLETON'S SUBDIVISION OF CITY OF SEBASTIAN, according to p1 l ,..ereof recorded in Plat Book 2, Page 56, Public Records of Indian Riv. ounty, Florida lying East of Indian River Drive (Old U.S. Hwy #1) an/escribed as follows: From a point beginning a the Mean High Water line of the West shore of the Indian River on the To r Line between Township 30 South and Township 31 South, run West along s Township line (same being the North line of said Lot 1, Block 1, MIDDLE' 'S SUBDIVISION OF CITY OF SEBASTIAN, a distance of 80.05 feet more or le=i-, to the East right -of -way of Indian River Drive (Old U.S. Highway No. 1) /aid right -of -way being 66 feet in width; thence run South 25 °22' East along said East right -of -way a distance of 90 feet; thence run North 80 °00'00" East a distance of 113 feet more or less to the Mean High Water Line of the Indian River; thence meander the Mean High Water Line in a Northwesterly direction to the point of beginning. EXHIBIT A Property Appraiser's Account No. 217290 4 EXHIBIT "A" LEGAL DESCRIPTION UPLAND PARCEL THE SOUTH 13 FEET OF LOT 1 AND ALL OF LOT 2, BLOCK 1, MIDDLETON'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2, PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE EAST RIGHT -OF -WAY LINE OF INDIAN RIVER DRIVE (BEING A POINT 37.15 FEET DUE EAST OF THE CENTERLINE OF INDIAN RIVER DRIVE), THE POINT OF BEGINNING; THENCE NORTHERLY 118 °41'37" ALONG THE EAST RIGHT -OF -WAY LINE OF INDIAN RIVER DRIVE, A DISTANCE OF 184.75 FEET MORE OR LESS TO A CONCRETE MONUMENT MARKED "X'; THENCE RUN EAST 10° NORTH OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN RIVER; THENCE SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE HIGH WATER LINE OF THE INDIAN RIVER; THENCE WEST TO THE POINT OF BEGINNING. BEING A PART OF GOVERNMENT LOT 1, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST. TOGETHER WITH A UPLAND, SUBMERGED LAND, LITORIAL RIGHTS, SHORE RIGHTS AND RIPARIAN RIGHTS LYING TO THE EAST THEREOF TO THE CENTER OF THE INDIAN RIVER TO THE EXTENT THAT SAME APPERTAIN TO THE PROPERTY ABOVE DESCRIBED. SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. Exhibit C Exhibit C LOCATION MAP Exhibit D Exhibit D PARKING FACILITY Exhibit E Ms. Rebecca Grohall Growth Management Director 1225 Main Street Sebastian, FL 32958 Dear Ms. Grohall: Fiorida Communities Trust May 07, 2009 RE: FCT Project Number: 08-003-WW1 City of Sebastian Sebastian Working Waterfront Collaborative MAY 1 1 2009 P Z Enclosed please find a fiffly executed original of the Grant Contract and Confidentiality Agreement for the above-referenced Stan Mayfield Working Waterfronts Florida Communities Trust Project. If you have any questions, please contact me at (850) 922-1692 (SunCom 292-1692). Sincerely, Jay Sircy Grants Specialist IV js\ Enclosures DEpARTNENT o CommuNrryAnAms 2555 SHUMARD Oax 13011LEVARD TALIViASSEE, FL 32399-2100 8501922-2207 SUNCoM 292-2207 FAX 850/9214747 FCT Contract Number 07 -CT- El 08- F8 W tJ3 FLORIDA COMIMIUNTTIES TRUST 08 -003 -WW1 SEBASTIAN WORKING WATERFRONT COLLABORATIVE CSFA 52.013 STAN MAYFIELD WORKING WATERFRONT GRANT CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST "FCT"), a non- regulatory agency within the State of Florida Department of Community Affairs, and thy CITY OF SEBA&TIAN,,_a_pothical subs v-isian-o#- State .-0.- Floridar( "Recipi-e THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the Florida Forever Funds, hereinafter described, and the lands acquired with such proceeds (`Project Site that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a non regulatory agency within the Department of Community Affairs (`Department") which will assist local govemments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensiveplans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of two point five percent (2.5 less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit working waterfront organizations for the acquisition of working waterfronts; WHEREAS, the Florida Forever funds may be issued as tax exempt bonds, meaning the interest on the bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule 9K -9, FloridaAdministrative Code( "F.A.C. sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Rule 9K -10, F.A.C. sets forth the acquisition procedures; osauo3 -wwn April 15; 2009 SMWW —GC -1- WHEREAS, on January 29, 2009, the FCT Governing Board evaluated and scored the applications to develop a ranking list of projects to present to the Board of Trustees of Internal Improvement Trust Fund; WHEREAS, on April 13, 2009, the Board of of Improvement Trust Fund selected and approved the projects which will receive funding; WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding in accordance with Rule 9K -9, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 9K -9, F.A.C. authorizes FCT to impose conditions for fundinng on those FCT applicants se projects _are selected tor-funding;-aad WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its acquisition. Since the entire Project Site has not yet been negotiated for acquisition, some elements of the project are not yet known such as the purchase price, other project costs, and the terms upon which an owner will voluntarily convey the property. NOW THEREFORE, FCT and the Recipient mutually agree as follows: L PERIOD OF AGREEMENT 1. This Agreement shall begin upon the Recipient's project being selected for funding and shall end April 15, 2010 ("Expiration Date"), unless extended as set forth below or unless terminated earlier in accordance with the provisions of XIII of this Agreement. 2- FCT may extend this Agreement beyond the Expiration. Date if FCT determines that significant progress is being made toward the acquisition of the Project Site or that extenuating circumstances warrant an extension of tune. If FCT does not grant an extension the Recipient's award shall be rescinded and this Agreement shall teammate. II. MODIFICATION OF AGREEMENT I. Either party may request modification of the provisions of this Agreement at any time.. Changes which are mutually agreed n upo shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. ICL DEADLINES 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Slumlord Oak Boulevard, Tallahassee, FL 32399 2100, as soon as possible and before May 15, 2009. If the Recipient p requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an 0&003 -'Ww1 Apra 15: 2009 SAM -GC 4 08.003-WW1 4 I5, 3.009 MyIwW'- GC original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The Recipient and its representatives shall know of and adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or resources to other recipients that respond timely or termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Site may be acquired in an expeditious manner. -from the Project Site property owner(s) evidencing that the owner(s) is willing to entertain an offer from the Recipient and FCT, if not previously provided in the Application. No acquisition activity shall be commenced prior to FCT receipt of this statement. 6. No later than May 15, 2009, the Recipient shall deliver to FCT the executed Confidentiality Agreement provided to the Recipient by FCT, pursuant to Rule 9K- 8.008(3), F.A.C. No acquisition activity shall be commenced prior to FCT receipt of the executed Confidentiality Agreement. TV. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient "FCT Award") will in no event exceed the lesser of Percent (90 of the final Project Costs, as defined mRule 9K- 9.002(17), or Three Million. One Hundred Sixty Three F ive Hundred Dollars And Zero Cents ($3,163,500.00) unless FCT approves a different amount after determination of the MAPP, which shall be reflected in an addendum to this Agreement. FCT will not participate in Project Costs that exceed the grant award amount. The FCT Award is based on the. Recipient's estimate of final Project Costs in its application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 9K- 9.002(17), F.A.C. PCT shall participate in the land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above paragraph. 2. The FCT Governing Board ranked and the Board of Trustees of the Internal Improvement Trust Fund ("Trustees") selected the Recipient's Application for funding in order to acquire the entire Project Site identified in the Application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K- 9.009, P.A. C. -3- If the Project Site is comprised ofmultiple parcels and multiple owners, then FCT reserves the right to withdraw or adjust the FCT Award if the priority parcel(s) or a significant portion of the Project Site cannot be acquired. 3. The FCT Award shall be delivered either in the form of Project Costs prepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the Project Site, payable to the Seller or the Seller's designated agent authorized by law to receive such payment, provided the Comptroller determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State of Florida. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of he FCT Award that corresponds to the parcel being closed. FCT shall prepare a grant reconciliation statement prior to the closing of the Project Site parcel that evidences the amount ofMatch.provided by the Recipient, if any d,imit hr ar•_oun n ft _A se Project Costs shall be recognized as part of the FCT Award on the grant reconpersdciliation n b staatementemen or t. 4. If a Match is required, it shall be delivered in an approved form as provided in Rule 9K- 9:042(15), F.A.C. If the Project Site is comprised of multiple parcels, the Recipient shall deliver at the closing of each parcel the share of the Match that corresponds to the parcel being closed. Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement. 5. By executing this Agreement, the Recipient arms that it is ready, willing and able to provide a Match, if any is required. 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a governmentally derived higher Project Site land value due to an enhanced highest and best use, FCT acquisition activities shall be terminated unless the Seller agrees that the appraisal(s) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting. 7. FCT's performance and obligation to financially perform p ftyunderthis Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 8, FCT's performance and obligation to financially perform under this Agreement is contingent upon the issuance of Florida Forever Revenue Bonds issued by the State of Florida and of the proceeds of the Florida Forever Revenue Bonds being released to the Department. V. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to: ns- 003•WW1 April 15, 2009 SMWW GC. Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 2. All contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: 08-003-WW1 April 15, 2009 SIVIWW -GC Name: Rebecca Grohall TT t Growth Management Director Address; 1225 Main Street Sebastian, FL 32958 Phone: 772)388- 8228 Fax: (772)388 -8248 E-mail: r grohall@cityofsebastian.org 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including, but not limited to, the Grant Contract or any addenda thereto, purchase agreernent(s) for the property, grant reconciliation statement, closing documents and Declaration of Restarictve Covenants_ Name: AI Minner `Title: p ity Manager Address: 1225 Main Street Sebastian, FL 32958 Phone: 772)388 -8200 Fax: -0149 Email: am inner@cityofsebastian.or g 5. In the event that different representatives or addresses are designated for either paragraph 2. or 3, above after execution of Agreement, notice of the changes shall be rendered to FCT as provided in paragraph 1. above. 6. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s) is 5 9-6000427 VI. PRE CLOSING REQUIREMENTS Prior to FCT approval of the signed purchase agreement(s), closing(s) of the real estate transaction(s) to acquire the Project Site and final disbursement ofthe FCT Award, the Recipient shall submit to FCT: a. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. b. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. c. A signed statement by the Recipient that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. d. Additional documentation as may be requested by FCT to provide Reasonable Assurance, as set forth in paragraph V11.4. below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves and executes the purchase agreement for acquisition ofthe Project Site, further described in paragraph V1.1 ,a, above. 3. All real property shall be obtained through a Voluntarily-Negotiated Transaction, as defined in Rule 9K-9,002(42). The use of or threat of condemnation is not considered a Voluntarily- Negotiated Transaction. 4. Any invoices requested, along with proof ofpayment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. 5_ Interest in the Project Site shall be titled in the Recipient 7. The transfer of interest to the Recipient for the Project Site shall not occur until the requirements for the acquisition of lands, as specified in Section 380.507(11), Fla. Stat. and Rule Chapter 9K -10, F.A.C., have been fully complied with by the Recipient and FCT and the Recipient has complied with all Purchase Agreement requirements. 8, The deed transferring interest of the Project Site to the Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement, Trust Fund. VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to the signature of the purchase agreement(s), closing(s) of the real estate transaction(s) and final disbursement ofthe FCT Award, the Recipient shall submit to FCT and have 0s- 003 -ww1 .ppn115, 3009 cc -6- g. Cost estimates and funding sources to implement the Management Plan. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Partin, F1a.Stat., the Recipient(s) shall be required to provide PCT with Reasonable Assurance, pursuant to Rule 91.C-9 .002(19), F.A.C., that it has the financial resources, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. WheTe the Recipient is a Non- profit Working Waterfront Orgai,i nation and does not include at least one Local Government partner, 08- 003 -WW1 April 15, 2009 SRVMWW GC approved a Management Plan that complies with Rule 9K- 9:010, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, IX, X and XI herein. The Recipient is strongly urged to coordinate with FCT staff in order to ensure that FCT approval of the Management Plan occurs prior to the closing date of the real estate transaction(s) associated with the Project Site and the disbursement of the FCT Award. 2. The Management Plan explains how the Project Site will be managed to further the purposes of the prof ect and meet the terms and conditions of this Agreement. The Management Plan shall include the following: a. An introduction containing the project name, location and other background information relevant to management. The stated utpose for acgiuring the l' oject Site as proposed in the Application and a prioritized list of management objectives. c. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. d. A scaled site plan drawing showing the Project Site boundary, existing and proposed physical improvements. e. A description ofproposed educational displays andprograms to be offered, if applicable. f. Aschedule for implementing the development and x anagement activities of the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project and the identification of the source of funding for management In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities esponsl`bilities and obligations incurred by each partner for the Project Site as apart of its Project Plan. FCT will require the Recipient to establish a management endowment in an amount sufficient to ensure performance; and provide a guaranty or pledge by the Local Government, the Water Management District in which the project is located, or a managing agency of the Board of Trustees to act as a backup manager to assume responsibility for management of the Project Site in the event the Recipient is unable to continue to manage the Project Site. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereofnot in conformity with the Management Plan approved by FCT. 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures buildin. im.rovements mu so I of rsely-impact-the-managemenro e ro�e iff.. U 1s approval ofthe Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from. FCT. 7. As required by Rule 9K-9.012, F.A.C., each year after FCT closes on the Project Site, the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VT.TI. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the project site and result from either representations made in the application that received scoring points or observations made by FCT staff during the site visit described in Rule 9K- 9.007, F.A.C.: 1. The future land use and zoning designations of the project site shall be changed to Working Waterfronts or other similar category. 2. A permanent recognition sign, at a minimum size of 3' x 4', shall be maintained at the entrance area of the project site The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and the Recipient. 3. At closing, the existing submerged land lease will be transfer to the Recipient 4. Prior to closing, the Recipient will provide a letter from the Department ofEnvironmental Protection stating the current land owner is in compliance with Chapters 253, 258, 373 Part IV and 403 Florida a. Statutes and the submerged land lease for all facilities or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetslip certification forms are current or that the facilities or structures are not subject to a state sovereignty submerged land lease. 08.003.wwn Aptf 15, 2009 Si11WW GC 5. Annually the Recipient will provide a letter from the Department of Environmental Protection stating the Recipient is in compliance with Chapters 253, 258, 373 Part IV and 403 Florida Statutes and the submerged land lease for all facilities or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetalip certification forms are current or that the facilities. 6. One ofthe .existing buildings on the project site will be used as a working waterfront building and the other as an educational site highlighting the cultural and historic heritage of Florida's traditional Working Waterfronts. 7. Permanent structured displays of artifacts and other items shall be provided that provides information about the economic, cultural or historic heritage of Florida's traditional Working Waterfronts 8. Interpretive kiosk or signs shall be provided that educate the public about the economic, cultural, or historic heritage of Florida's traditional Working Waterfronts IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART Ill, FLA. STAT. 1. Each parcel in the Project Site to which the Recipient p acquires interest shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380,510, Fla. Stat; Section 11(e), Article VII of the Florida Constitution, the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds. The Declaration ofRestrictive Covenants shall contain clauses providing for the conveyance of interest to the Project Site to the Trustees, or a Nonprofit Working Waterfront Organization or government entity, upon failure- to comply with any of the covenants and restrictions, as further described in paragraph 3. below. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time ofproject selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time ofthe closing ofthe Project Site and shall be recorded by the Recipient in the county(s) in which the Project Site is located. 3. If any essential term or condition of the Declaration of Restrictive Covenants is violated b the Recipient or by some third P Y party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt ofnotice of the violation. Ifthe curing activities can not be reasonably completed within the specified thirty (30) day time .frame, the Recipient shall submit a timely written request to the FCT Program Manager that ,includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing 0&003 -W W April 15, 2009 GC -9- activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) daytime frame or (b) the time frame approved by FCT pursuant to the Recipient's request, all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local govermment, Nonprofit Working Waterfront Organization, Water Management District in which the project is located, or a managing agency of the Board of Trustees who agrees to accept, interest and manage the Project. Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CON MON OF PROJT%' CT 1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, interest to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, Nonprofit Working Waterfront Orgsni7at on, Water Management District in which the project is located, or a managing agency of the Board of Trustees who agrees to accept interest and manage the Project Site 3. Following the acquisition of tbe Project Site, the Recipient shall ensure that the future land use and zoning designation assigned to the Project Site is for a category dedicated to working waterfronts. If an amendment to the applicable comprehensive plan is required, the amendment 4hall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the Project Site's acquisition. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. The Project Site shall permanently contain one sign recognizing FCT's role in the acquisition of Project Site. XL OBLIGATIONS OF TETE RECIPIENT RELATING TO 'IILIt USE OF BOND PROCEEDS L FCT is authorized by Section 380.510, Fla. Stat to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds• including,`withont limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances may have negative legal and tax consequences under Florida law and federal income 08-003-WWI April 15, 2009 ShiWN -.GG -10- tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: 08-003-WW1 April 15, 2009 SAINVVY any sale or lease of any interest in the Project Site to a non governmental person or organization; b. the operation of any concession on the Project Site by a non governmental person or organization; c. any sales contract or option to buy or sell things attached to the Project Siteto be severed from the Project. Site with a non governmental person or organization; g. -II- d. any use of the Project Site by a non governmental person other than in such person's capacity as a member of general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; a management contract for the Project Site with a non-governmental person or organization; or such other activity or interest as may be specified from Mime to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V.1., at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide to FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt ofwritten notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on. the Project Site. DRT RGA:TIONS AND CONTRACTUAL ARRANGE ENTS BET WEEN'i'HE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT EN1'11'1ES ORNON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL DI NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT 51'1'E AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTrI G PARTY. XII. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in CALV4S f $50©;900 in- anyfases of such teciprenkthe State single or project specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non -state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non -state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla,. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d Fla. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. It may be necessary for the Recipient to amend prior fiscal year audits to account for receiving the FCT grant funds because the determining factor of when the expenditure must be accounted for is when the expenditure is made, not the signing of this agreement. Per Department of Financial Services Rule 69I- 5.004(2)(a), Florida Administrative Code, the determination of when State financial assistance is expended should be based on when the activity occurs (the activity pertains to events that require the nonstate entity to comply with contracts or agreements, such as expenditure transactions associated with grants.) Additional prior fiscal year expenditures of State financial assistance should be added to total expenditures of State financial assistance previously reported for the prior fiscal year to determine if the threshold was exceeded. If so, the nonstate entity should take appropriate action to provide for an audit for the prior fiscal year in accordance with the Florida Single Audit Act. 3. Ifthe Recipient expends less than $500,0.00 in State.fitnancial assistance in its fiscal year, an audit conducted in accordance With the provisions of Section 215.9T, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit: must be paid from Recipient funds not obtained from a State entity). 0s- 003 -WWI April 15, 2009 WNW -GC 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a enod of rive p (5) years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five -year period, the records shall be retained; until the litigation or audit findings have been resolved. 7. The Recipient shall" have all audits completed in accordance with Section 215.97, Fla. Stat. performed by an independent certified public accountant "IPA") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA. shall state that the audit complied with the applicable provisions noted above. XIII.. DEFAULT; REMEDIES; TERMINATION 1. If the necessary funds are not available to fund this Agreement as aresglt ofaction by the Florida Legislature or the Office of the Comptroller, or if any of the events below occur (`vents of Default"), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, tenninate and FCT may, at its option, exercise any of remedies set forth 08- oo3 -ww1 Apni 15, 2009 ..:SMWW -.GC -13- herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default: a. If any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such in timely fashion, or is unable or unwilling to .meet its obligations b. If any material adverse change shall occur in the financial condition of the emit nme crun t erm of this -greement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; thereunder; If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon theRecipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph V.2. herein; 08- 003 -WW1 AID 15, 2009 SMWW GC c. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or Commence an appropriate legal or equitable action to enforceperfommanoe of this Agreement; c. Withhold or suspend payment of all or any part of the FCT Award; d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent ofrion- compliance or lack of performance or issuing a written -14_ XV. STANDARD COMMONS warning to advise that more serious measures maybe taken if the situation is not corrected; or e. Exercise any other rights or remedies which maybe otherwise available under law, including, but not limited to, those described in paragraph IX.3. 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner, failure to make significant progress toward the closing(s) of the real estate transaction(s) and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla.Stat,, as amended. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt 1-oku -41 -oviaiun --o€ Seetlon -11 }$i(1), Ma -tat. unttl a Purchiase- gr ent is executed by the Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a), Fla. Stat. 4. FCT may terminate this Agreement when it determines, in its sole discretion; that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. 5. The Recipient may request termination of this Agreernentbefore its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the project. A request for termination shall be provided to FCT in amanner described in paragraph V.1. XIV. LEGAL AUTHORIZATION 1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to beprovided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally exeente and bind the Recipient to the terms of this Agreement. 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall he in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict: and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of PCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval os- 003 -ww1 April 15, 2009 SMWW.— GC granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory ry may not submit a bid on a iminato vendor list contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform wink a contractor, su pi &ubconrrwt or-co itantand8r -a-e and may not transact business with any public entity in excess of Category Two for a period of thirty -six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Grant Contract embodies the entire agreement between the parties IN WITNESS I OF, the parties hereto have duly executed this Grant Contract. CITY o js By: P .t Title Date: Appro By: Print N STIAN 08- 003 -wW1 April 15, 2009 S111V9!Gfr GC C City Clerk FLORIDA qr IES TRUST By: Ken Reecy Community,Program Manager Date: as to orm and Legality: Kristen L. Coons, Trust Counsel Contract No.N C7:E1 -Q8 n-141 FCT Project No: 08- 003 -WW1 CONFIDENTIALITY AGREEMENT This is a Confidentiality Agreement "Agreement pursuant to Rule 9K- 10.005(3), Florida Administrative Code (F.A.C.). Parties to the Confidentiality Agreement: The City of Sebastian "Recipient alocai government of the State of Florida, and the FLORIDA COMMUNITIES TRUST "FCT a non regulatory agency within the Department of Community Affairs. Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the by a Grant Contract for FCT Project Number 08- 003 -WW1 "Project Site Confidentiality: a) Pursuant to Rule 9K- 10.002(8), F.A.C., the term "Confidential" refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07, Florida Statutes (KS). b) The Recipient and its agents shall maintain the confidentiality of all appraisals, offers, and counteroffers as required by Section 125355(1)(a), F.S., for counties, or Section 166 .045 1 a F.S., for municipalities, and Chapter 9K -10, F.A.C. The Recipient may disclose such confidential information only to the individuals listed herein below. c) Requests to add persons to the disclosure list shall be made in writing. Upon the written consent of the FCT Community Program Manager, the Recipient shall execute an Addendum to the Agreement All confidentiality requirements outlined above shall apply to individuals add ed to the list. d) The undersigned board members and staff of the Recipient and its agents, if any, agree to maintain. the confidentiality of appraisal information, offers and counter- offers concerning FCT Project Number 08- 0003 -WW1, as required by Section 125.355 (1)(a), F:S., for counties or Section 166.045 (1)(A), F.S., for municipalities, Chapter 9K-10, F.A.C., and this Confidentiality Agreement between the Recipient and FCT. o8- oo3-ww 4/1512009 e) The undersigned certify that they have no legal or beneficial interest in the Project Site. 4/22/2009 4/22/2009 4/22/2009 4/22/2009 4/ 22/2009 4/22/2009 Date Date: 4/2 By: Robert A. Ginsburg Title: City Attorney ATTEST Sally A. Ma .,.MMC City Clerk 48- 003 W 4/i Recipient Board Member, Staff or Agent Name Mayor Richard H. Gilinor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member E gene Wolff Al Khmer, City Manager Rebecca Grohall, Growth MgEnt. Dir. Sally -A. Maio, City Clerk 2 Signature By: FLORIDA COMMUNITIES TRUST Ken Reecy Community Program. Manager Date: 51 "D Approved as to form and legality: By: Kristen L. Coons Title: Trust Counsel. CHARLIE GRIST Governor Ms. Rebecca Grohall Growth. Management Director 1 ivt treet Sebastian, FL 32958 Jay Sircy Grants Specialist IV is1 Enclosures STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 'Dedicated to making Florida a better place to can home' May 25, 2010 RE: FCT Project Number: 08- 003 -WW1 City of Sebastian Sebastian Working Waterfront Collaborative THOMAS G. PELHAM Secretary RECEIVED 2010 Dear Ms. Rebecca Grohall: Enclosed please find a fully executed original of Addendum One to the Grant Contract for the above referenced Florida Communities Trust Project. If you have any questions, please contact me at (850) 922 -1692. Sincerely, 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FL 3 -2100 850- 488 -8466 (p) 850- 921 -0781 (f) "Website Www.dca,S cOMMUNI1T PLANNING (p) 85 .4e8.3309 (fl FLORIDA GQMMUNI71ES TRUST 8606224207 (P) 850 -1747 (1) HOUMNG mDCO MMUNITY DEVELOPMENT 980-480-Thee (p) 850422 a FCT Contract Number 0:07: E 68 fg- 41 -00) FLORIDA COMMUNITIES TRUST WWI Award Number 08- 003 -WW1 SEBASTIAN WORKING WATERFRONT COLLABORATIVE ADDENDUM 1 TO GRANT CONTRACT THIS ADDENDUM I is entered into by and between the FLORIDA COMM17NTI"IES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and the CITY OF SEBASTIAN, a political subdivision of the State of Florida (Recipient), this RA" day of /Y7 2010. C nd ipient mutttaily agree as follows: WHEREAS, the parties hereto entered into a Grant Contract which sets forth the conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever award; WHEREAS, the initial term ofthe Grant Contract expires April 15, 2010; .WHEREAS, the Recipient in accordance. Section 2 ofthe Grant Contract has timely submitted to FCT. a written request for extension of the April 15, 2010 deadline; WHEREAS, Section 2 ofthe Grant. Contract states that the Grant Contract may amended at any time and any modification must be set forth in a written instrument and agreed to by both the Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Grant Contract; NOW THEREFORE, FCT and the RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I of the Grant Contract the parties hereby agree to revive it nuns pro tune as though it had not lapsed in accordance with paragraph 1. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before April 15, 2010. 08- 0W, April 15, 2010 GCAMD. 08-003-WW1 April 15, 2010 GCAMD.1 3. The Grant Contract by and between FCT and the Recipient is hereby extended until October 15, 2010. This. Addendum I and the Grant Contract embody the entire agreement between the parties. All other terms and conditions not specifically referenced in this agreement remain the same and unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum. I. LrIYtlii� CITY F 4 BASTIAN Ad! d 1 Al AT er City Date: e 4 Approved as to Form and Legality: By: �f Robert A. Ginsburg FLORIDA COMMUNITIES TRUST By: Ken Reecy Community Program Manager Date: tO Approved Form and Legality: By: Kristen L. Coons, Trust Counsel BY ELECfF ONIC MAIL nk@euro60.com Sebastian Harbour Ltd and Condor Enterprises of Palm Beach Inc. and Dancu Holding Inc: c/o Norbert Kreyer 16 NE 4th Street, Suite 110 Ft. Lauderdale, FL 33301 Re: Indian River County ERP OGC Case No. 06 -0891 Case Closed Dear Mr. Kreyer: Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite. 232 Orlando, Florida 32803 -3767 OCD -ERP- 10-0183 This letter is to inform you that the Department's enforcement case against you has been closed. You have brought the subject property into compliance. Should you have any questions regarding the above, please direct your inquiries to me at 407/893 -3993 or at the letterhead address. Thank you for your •cooperation m resolving this case. Pamela. Ammon Envronmental Manager Compliance and Enforcement Submerged Lands and Environmental Resources Program April 30, 2010 Date cc:. Alissaa Meyers, FDEF Lea Craridall OGC Kris Tttflo il, Central District Rebecca'Grohall, Qty of Sebastian, (rgrohalle ofsebastian.org) Eugene. Popow, (crystaltacee©bellsouth.net) Charlie Crist Governor Jeff Xottkamp Lt. Governor M cbael W. Sole Secretary