HomeMy WebLinkAbout02232011AgendaHOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, FEBRUARY 23, 2011 -6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA !EMS MAYBE INSPECTED !N THE OFFICE OF THE CITY CLERK
122E MAW STREET SEBASTIAN. FLORIDA OR CH THE CITY WEESTE
Procedures for Public Input are Attached to the Back of the Agenda
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE Mayor Hill
4. ROLL CALL
AGENDA MODIFICATIONS
Modifications and additions mquire unanrmcrrc vote of lty Coupe! mernhers
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations certificates hurt awards and beef timely an•rounrrrnents by Conned and Staff
No public Input or action ender this heading.
11.020 A. Certificate of Appreciation to Keith Srinivasan Planning &Zoning Commission Service
11.027 B. Certificate of Appreciation to Barbara Salmon Natural Resources Board
Brief Annourcements
7 CONSENT AGENDA
All items on the consent agenda are considered routine and will be allotted by one motion. There will be
no separate dbeussion of consent agenda llama unless a member City Council so requests, in which e✓eh!,
the item will hit removed and acted upon separately. If to member of the pubic. wishes nr provide input on a
consent agenda dem beishe should request a Council Member to wrno•✓e ihe item for chscussion prior !o
start of the meeting orhyraising Ms/her/mod to be recognized
5.19 A. Approval of Minutes 219111 Regular Meeting
11.001 B. Resolution No. R- 11-05 Acceptance of a Right of Wav Encroachment fGMD
21 -28 Transmittal. R- 11 -05, Spec. Photos)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ACCEPTING f. RIGHT OF
WAY (R.O.W) ENCROACHMENT FOR CITY OWNED PROPERTY LOCATED AT 1540
INDIAN R VFR DRIVL; PI?OVIDING FOR CONFLICT; PROVIDING I OH AN EFFECTIVE
DATE
11.028 C. Approve the Sebastian Rotary Club 5 Annual 2011 Home and Garden Show at
29-24 Riverview Park on March 26 27, 2011 from 9 am to 5 pm and Approve Beer
Sales at Riverview Park for tre Sebastian Rotary Club "Annual 2011 Home and
Garden Show at Riverview Park on March 26 27, 2011 from 9 am to 5 pm
(Parks Transmittal, Letter, Application)
11.029 D. Authorize the Purchase of a Hydraulic Mini Excavator from Ring Power CAT
35SS in the Amount of $113.797 Based on the Florida Sheriffs Association Specification
#57 Bid #10-18-0907 (Public Works Transmittal, Quote, Contract)
8. COMMITTEE REPORTS APPOINTMENTS
City committee reports and Council Member reuionat committee reports. No public input or action except
for City rsxnmittee rrrenrbxr nomnetrorrs rmJ npprunbrrenls under Mrs Treading.
8. PUBLIC HEARINGS none.
9. UNFINISHED BUSINESS
10 PUBLIC INPUT
11. NEW BUSINESS
11.030 A. Approve the First Amendment of the Aviation Lease Agreement between
er -54 the City of Sebastian and Sebastian Aero Services to Transfer Control and
Management of Tie Downs (Airport Transmittal. Request Form. Lease, First
Amendment)
11.031 B. Resolution No. R -11 -04 Airport Lease Agreement Between the City of Sebastian
85.108 and Pilots' Paradise USA :Airport Transmittal, R- 11 -04. Agreement. Business
Plan)
A RESOLU'ION OF T -IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTI- 'ORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN
THE CITY OF SEBASTIAN AND PILOTS' PARADISE USA. PROVIDING FOR CONFLICT,
PROVIDING FOR EFFECTIVE DA E. THIS DOCUMENT CONTAINS TWO PAGES.
12. CITY ATTORNEY MATTERS
13. CITY MANAGER MATTERS
11 021 A. Parking Survey Update March 9 Meeting (no backup)
14. CITY CLERK MATTERS
15. CITY COUNCIL MATTERS
A. Vice Mayor Wright
B. Council Member Coy
i. Beach Shores Update tiro bactwpl
Council Member Gillmor
Council Member Wolff
Mayor Hill
16. ADJOURN (All meetings shall adjourn at 10:00 p:m. Unless extended for up to
one half hour by a majority vote of City Council)
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL
GOVERNMENT MEETINGS
All City Council Meetings are Aired Live on Comcast Channel 25.
ANY PERSON Ws f0 UFCII)FS 70 APPEAL ANY DECISION MADE W H RESPECT TO ANY MATTER
CONSIDERED Af THIS MEETING WILL NEED A RECORD of IHF PROCEEDINGS AND MAY NLLO
TO ENSURE THAT A VERSA -PM RECORD OF THE PROCEEDINGS 15 MADE. WHICH RECORD
INCLUDES THE TESTIMONY ANO EVIDENCE UPON WHICH THE APPEAL IS TO SE HEARD
(F S 2849 0105)
IN COMPLIANCE WITH THE AMERICAN WITH OISABILiT1ES ACT (ADA), ANYONE WHO NEEDS A
SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA
COORDINATOR AT 589 A r LEAS i 46 HOURS IN ADVANCE OF THIS MEETING
Upcomina meetings:
Marr:h 9, 2011— 6.30 pm
March 23. 2011 6 pm
April 13. 2011 6:30 pm
ADM 27, 2011- 6:30 pm
May 11, 2011 6.30 pm
May 25, 2011 6:30 pm
PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -08.45
Regular City Council Meetings
Public snout is ALLOWED underlie headings:
J Consent Agenda
J Publ a Hearings
J Unfinished Business
J New Business
J Public liput
Public Input is NOT ALLOWED under the headings:
J Proclamations. Awards, Brief AnnoJnciements (except or individuals giving or accepting
proclamations or awards);
J Cnmmillee Reports and Appointrnenls ;excepl to committee members giving reports and
applicants being interviewed for committee appointments):
4 City Counc I Matters
J charter Officer Mailers
J Council may by majority vote, call upon an individual to provide input if desired.
Workshops end Special Meetings
Public input is limited to the item on the agenda
Time Limit
Input nn agenda items whore public inpul is permitted on agenda is f IVE MINUTES;
however. City Council may extend or lenrinste 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 al the City Council or Cily staff
ndividuele shall nol address City Council Wier commencement of City Council
deliberation nn an agenda slew after public input has concluded provided, however,
the Mayor and members of Cily Council may recall an individual to provide additional
information or lo answer questions.
Certain Remarks Prohibited
Amoral, impertinent, and slanderous remarks, political carnoa gring, and applauding
are not permitted and may iesctt m expulsiurt from the meeting. The Chair shall
make deterrriirnal ors on such remarks. subject to the nepeal provisions below.
Appealing Decisions of Chair
Any member otCouncil may appeal the decision of Me Chair rA the entire Council. A majority vote oI C ity
Council shell overrule any decision of the Chair.
Public Input Heading on Agenda
The heading on Regular Meeting agendas PuDlic Input" provides an opporatrnityto for mdiv`duals to bring
NEW INFORMATION OR REQUESTS TO CITY COLNCIL NOT CTHERWISEE ON THE PREPARED
AGENDA. Individuals we asked lo attempt to resolve matters with staff prior to meetings. Individuals are
asked to provide copies of material fur Council one week wrier to the meeting if They intend to refer to
sect material. City Council will not debate an issue during Public Input but may be consensus direcl a
Charter Office in regard to the item if necessary or place a requested item orra future agenda.
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, FEBRUARY 9, 2011 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Hilt called the Regular Meetiig to order at 6:30 p.m.
2. Rabbi John Goldring, Congregation Beth El gave the invocation.
3 Council Member Wolff led the Pledge of Allegiance.
4. ROLL CALL
City Council Present:
Mayor Jim Hill
Vice -Mayor Don Wright
Council Member Andrea Coy
Council Member Richard H. Gillmor
Council Member Eugene Wolff
esit
IIOME OF PELICAN 15IAA0
Staff Present:
City Manager, Al Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Economic Development Director/Ai Director, Joseph Griffin
Building Director, Wayne Eseltine
Growth Management Director, Rebecca Grohall
Police Chief. Michelle Morris
Police Captain, Bob Lockhart
Public Works Administrative Supervisor, Linda Kinchen
Storm Water Supervisor, Tim Walker
MIS Senior Systems Analyst. Barbara Brooke -Reese
5. AGENDA MODIFICATIONS
Modifications and addihnns require unanimous vote of City Council members
Mayor Hill said on Sunday he was unable to accept an award at the Four
Chaplains interfaith event held at S:. Sebastian Church and he requested Mr.
Larry Wapnick and S.S. Dorchester Survivor, Ernie Heaton be added tonight to
present a plaque to the City as item 6B and there was no obection
Regular City Council Meeting
February 9.2011
Page Two
The City Attorney asked that item 12C be withdrawn as it is not ready for action
and there was no objection.
6. PROCLAMATIONS, AWARDS. BR:EF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or action under this heading.
11.023 A. Proclamation Problem Gambling Awareness Week, March 6 -12. 2011
S
Mayor Hill read the proclamation and said it would be mailed to the Florida Council on
Compulsive Gambling in Altamonte Springs.
B. Presentation of Plaque Larry Wapnick, President Four Chaplains Monument
Committee and Ernie Heaton, S.S. Dorchester Survivor
Mr. Wapnick reported they raised al of the funds to build the monument in Riverview
Park; and recently Mr. Heaton spoke at a National Security Agency luncheon in Ft.
Meade in addition to a Four Chaplain banquet in Philadelphia where they met the
son -in -taw of Chaplain Goode, who promised to attend the unveiling.
He presented a plaque in recognition of the City's patriotism and generosity to honor
the four chaplains by donating property for the monument which will be a symbol to all
citizens who visit regardless of their race or creed.
Mr. Heaton added that they were swarmed for information in Ft. Meade by many
young GI's just returning from Afghanistan and he thanked Council.
Brief Announcements
Ms Coy reminded everyone of the February 113" Concert in the Park to feature
the Senior High School Jazz and Steel Drum Band from 5:30 -8 p.m.
Mr. Gillmor announced the Third Annual Art in the Park Treasure Hunt this Saturday,
with hundreds of dollars of art to be given away.
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will bo 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 ul the public wishes to provide input un a consent agenda
Rem, helshe should request a Council Member to remove the Item for discussion prior to start of the meeting or by
rarsmq h&'lier tuind In he recuyuized.
7-11 A. Approval of Minutes— 1126/11 Regular Meeting
11.014 8. Grant to Sebastian River Area Chamber of Commerce for Aviation Marketing
19-29 Proposal on www.aero news.net in the Amount of $5,000 (Airport Transmittal,
Letters, Info)
Item B was removed by Mr. Wolff.
Regular City Council Meeting
February 9, 2011
Page Three
MOTION by Ms. Coy and SECOND by Mr. Wright to approve item A passed with a
voice vote of 5 -0.
Item B
Mr. Wolff said he was excited at the opportunity to advertise the City Airport and
wanted to bring an alternative to what has been proposed. He said after doing
research. (here is no way to get feedback and adjust results with the aero-
news.net proposal. He said he thought maybe it was a strong site so he went to
the website forum to only find postings, not dialog in the community; he then
looked at the classifieds to find three ads indicating there wasn't a lot going on.
He said ore alternative option was to use Google AdWords where you purchase
search words with a set budget. only pay for results you get. and you can change
your ad words. He displayed and described the AdWord tod called the
"estimator, said this is good, viable alternative; and a toot that the Chamber
could work with, and in six months become expert on what they need to drive
advertisements.
Mayor Hill said the Google idea is good; it was a little unfair to search aero-
news.net in his display when the aviation community will go there first and he
asked if the grant is specific to the aero-news.net website.
f he Economic Development director said the Chamber negotiated the contract;
said Mr. Wolff's presentation is very compelling; he contacted Beth Mitchell who
said there was a restriction on the Chamber using Google key words; but if the
proposal was turned down, he couldn't see why the City cant act alone.
In response to Mayor Hill. the Economic Development Director said approximately
$2,600 remained in the Airport's advertising budget; the genesis for the website came
from Airport tenant meetings; and the Senior MIS Systems Analyst could track the hits
noting we eceived 19 hits last month on the AirNay.com website.
Mr. Wolff said the reason he brought this up was to think more about alternatives.
The Economic Development Director asked if it would be prudent to allocate the
$5,000 and utilize that upon further investigation of the best way to go, so at least
they begin to move forward. He said when they first proposed aero news.net it
was the beginning of the season and now they are about two months behind, so
he would like leeway to maybe split or vary the proposals.
Mr. Wright said most cf the sites on a succeeding Google search pages are
ignored so information should be available to go to the top of the list. He asked
how they would measure the results of Chamber's advertising proposal.
The Economic Development Director said the Senior MIS Systems Analyst would
be able to track hits on aero -news net, and the information requests would come
to him which will be tracked.
Regular City Council Meet,ng
February 9. 2011
Page Four
Mr. Wolff explained with Google AdWords, depending on what you are willing to
pay, that is where your ad will come up.
Mr. Wright suggested they utilize the negotiated proposal, leave the other $260D
in the Airports hands to experiment with Google AdWords, and at end of six
months, evaluate where they are.
Mayor Hill clarified there is $2600 remaining in the advertising budget but the
advertising amount was lamer than that
Mr. Gillmor asked how the banner ads would generate someone coming to our
website. The Economic Development Director said we would have to develop
the artwork, put the website on the Internet and the MIS Analyst will be able to
track the hits.
Mr. Gillmor asked if the Piper banner ad displayed when the aero -news net was
on the overhead would be similar to our ad, noting he doesn't usually click on
moving ads. The Economic Development Director said he believed it would be
Mr. Gillmor said he really liked the Google AdWords idea.
Mr. Wolff said the Economic Development Director must consult with the
Chamber but the beauty of it is that we only pay if it is clicked on.
Mayor Hill said he liked Mr. Wright's idea where both proposals could be tracked.
Public Input
Damien Gilliams, thanked Ms. Coy for recognizing the public on the consent
agenda, said since the Chamber was not present that was enough to deter the
matter, sounds like they are advertising for tenants not for the tax payer. need to
do more target marketing and go after the available square feet at the Airport to
get it leased out or developed. He cited the Chamber hopes to target pilots that
want to buy /service planes or attend lectures
He said they need to look into Mr. Wolff idea, or other ideas noting we can
place classified ads ail over the world and get a bigger bang for the buck. He
noted the City has not received any word on the success of the $40,000 billboard
investment.
Ben Hooker, Sebastian, said the Sebastian River Area Chamber of Commerce
also represents Wabasso, Fellsmere and he asked what they are contributing to
the grant, noted we've given the Chamber a building, and cut their lawn. He
suggested Council sit down with the Chamber and let Them explain where the
money is going and postpone until an acceptable package is put together.
Mayor Hill said they bought this back to do it slowly. its been negotiated. and the money
would advertise the City Airport to bring in customers who will bring in business.
4
Regular City Council Meeting
February 9, 2011
Page Five
Ms. Coy said this has been discussed with the Economic Development Coordinator and
the Chamber, they know where all money is going with no discrepancies, she liked Mr.
Wright's proposal; and it would behoove them to check out both proposals She said the
other communities aren't advertising because the coal is to help Sebastian and we are
lucky to have sponsors to help us.
MOTION by Ms. Coy and SECOND by Mr. Wright to propose we allocate $5,000 and
reserve $2,600 for the Airport Manager in coordination with the Chamber, to explore
Gaogle possibilities.
Result of roll call:
AYES: All
NAYS: 0
Passed 5-0.
8, COMMITTEE REPORTS APPOINTMENTS
City committee mittee reports and Cooncvr Member regions, ewnmitiee reports. No public input or aufion except for
City committee member nnrninatixus and appointments under this heeding.
11.020 A. Planning and Zonin Co mmission
31 (City Clerk Transmittal, Letters, Applications, Ad, List)
Interview, Unless Waived and Submit Nominations for Two Members:
a. Three Year Regular Member Term 2/1/2011 to 2/1/2014
b. Unexpired Regular Member Term 3/1/2011 to 6/1/2012
Mayor Hill explained the alternate members are interested in serving as regular members
and there is an add tional applicant.
Mr. Reyes stated he is currently an alternate, would appreciate the consideration of
hxnming a regular member: and ha hac been nn the Board for 4 -6 mnnths
Mr. Durr said he has been on the Board for six months; it has been enjoyable and it
would be an honor to continue to serve.
Mr. Carter said he has been a resident for almost ten years; loved living here; wanted to
contribute back to the community and would love to be considered.
Mr. Giemor suggested filling the two regular members with the alternates and seat Mr.
Carter as a new alternate.
Being no other nominations or objections, Mr. Durr was appointed to the term ending
2014, Mr. Reyes was appointed to the term ending 2012, and Mr Carter was appointed
to an alternate position.
9. PUBLIC HEARINGS
11.010 A. Ordinance No. 0-11-01 Repealing Code Chapter 22 Aviation (Airport
53 57 Transmittal, 0- 11 -01)
5 el-1)
Regular City Council Meeting
February 9. 2011
Page Six
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
RFPP&ALING CHAPThP 22 ARTICI t 11; AVIATION IN IVS EN1IH[TY; PROVIr1ING Fon
SEVERABILILY: PROVI1ING roR CONFI ICrS: AND PROVIDING FOR AN ITFECTIVE DA I-
(P,) Ad 1/28111)
The City Attorney read the title of Ordinance No. 0 -11 -01 and Mayor Hill opened the
public hearing at 7:25 p.m.
The Airport Director said this was to repeal Code Chapter 22, which duplicated the
2007 Council approved Guiding Documents and it was a housekeeping measure.
Mr. Wolff said he received a couple of phone calls and attempted to explain the
ordinance was necessary housekeeping but the basis of the question was that by sun
setting Chapter 22, does that change how the Airport is managed particularly with
things that occur such as proposed flight train ?ng schools He told the callers he would
present the question to the City Attorney.
The City Attorney said they have three actions: Agenda Item OA repeals the code
section, Item 12A also rescinds a njmber of older resolutions which are replaced by
the April 2007 Council approved field rules that the Airport has been operating on for
the last four years which will reaffirm the governance of the Airport. He said nothing
will change at the Airport. Council is simply recognizing the approved guiding
documents are to govern the Airport and the other matters should be cleared away for
housekeeping matters
Public Input
7.30 p» Damien Giiliams said for the phonecallers, the deleted section included definitions,
policies established, liability, general duties and field rules for the Airport Manager. the
Finance Director shall have custody of all Airport funds. deleted the speed limit, take
off and landing procedures. pilots convicted of violations of this section for third time
shall be barred from the Airport.
Mayor Hill clarified that all those cited items are included in the Council approved
guiding documents.
Ms. Coy said she received the same type of phone calls, said these are housekeeping
measures, we have been operating under the guiding documents for four years and
things have been going very smoothly.
MOTION by Ms. Coy and SECOND by Mr. Wright to approve Ordinance 0 -11 -01
Result of Roll Call;
Ayes: All
Nays: 0
Passed 5 -0.
6
Regular City Council Meeting
February 9, 2011
Page Seven
10. UNFINISHED BUSINESS
11.009 A. Powerline Road Design Update (City Manager Transmittal)
59
The City Manager said Steve Motet and John Boyer were present to give an update cn
the berm requested by City Council, noting the engineers have found some trouble
designing it and they wanted to report the design modification before moving forward.
Steve Moler, Masteller and Moler, Inc. said they did an investigation, met with the Public
Works Director and designed the buffer to be just west to the right of the curb line. He
noted that he wanted to go more west but in talking with the Public Works Director and
Storm Water Supervisor he felt the need to keep that side clear for maintenance.
Mr. Gillmor asked if the whole area of what he is seeing is 24 feet wide. Mr. Muter said
where the car is, is 24 feet, so half of that is 12 feet and the flat section was 8 feet wide
which is needed for the maintenance vehicles. Mr. Gillmor said he paced it off and they
have 12 feet from the curb to the center line of the power poles and 27 feet to the ditch
slope, totaling about 40 feet. He asked if it would be possible to mound earth in the 12
feet. Mr. Moler said it would be very difficult and they are trying to keep the landscaping
close to the breakpoint slope.
Mr. Gillmor said the point he was trying to make is that he spent a few nights in a Miami
hotel on third floor and the noise was unbelievable and then he stayed on the first floor
where there was a little bit of buffer which kept the noise out any kind of buffer would
help keep noise out.
Mr. Maier said the distance they designed is really only six feet which is not what is out
there today. Mr. Gillmor asked if they could move the ditch over but Mr. Moler said they
could not as there are underground utilities. Mr. Moler said they are coming up with the
best design with the constraints that are there and it would be unsafe to have the
maintenance ditch be any Tess than 8 feet wide across the top.
Mr. Wolff asked how the landscape combination will look at six feet high. Mr Maier said
it should be maintained as a continuous hedge.
Ms. Coy said the berm will require irrigation and asked how much it will cost. Mr. Molar
said they did not develop that budget yet. Ms. Coy pointed out there are plants that
don't require irrigation.
Public Input
Damien Gilliam; said the cross section looks incomplete, he couldn't see measurements,
and it looks like they are going to manipulate until it works. He asked why they don't use
landscaping that doesn't need irrigation; noted Council owes it to people to do this right.
Ben Rocker said it was mentioned That four people are affected by this and asked why
we are going out of our way to put in shrubbery, noting we have a dog park where we
put a fence up, and it might be cost effective to put up a fence.
6
Regular City Council Meeting
February 9, 2011
Page Eight
Ms. Coy clarified there are more than four affected property owners.
Mr. Hooker said we don't do this along Barber Street and he didn't see the logic to spend
the money on buffers to appease a minority group of homeowners.
David Reyes. surveyor by trade, sad he has seen a foot high buffer wash back into the
retention area and into the road. He recommended not putting in the buffer because it
will just sit where it washes in and require maintenance.
Mayor Hill said Council was working hard to minimize the impact of the construction to
the homeowners: the plant hedge appears to be the best solution; and if you looked at
Schumann Drive you would see that irrigation is needed. He recommended going
forward with Powerline Road as designed.
MOTION Mr. Hill and SECOND by Ms. Coy to go forward as designed without a berm.
Mr. Wright asked if the irrigation had a multipurpose or if it was just for the plants. Mayor
Hill said to have success of being aesthetically pleasing it required irrigation. Mr. Mater
clarified that Bahia grass does not require irrigation, so irrigation was considered
because of the plants. In response to Mr. Wright, the City Manager said there wasn't a
cost number built in for landscaping and DOT requires irrigation for any type of plants.
The result of the voice vote was Mayor Hill, Mr. Wright, Ms. Coy, and Mr. Gillmor in favor
of moving forward as designed Mr. Wolff cast an opposing vote.
Mayor Hill recessed the meeting at 7:55 p m. reconvened the meeting et 8:07 p.m. and
all members were present.
11. PUBLIC INPUT
Tina Capros. Sebastian. said Sebastian is a beautiful city except the parking
issue at the Yacht Club. She said she sits for hours on end taking in the beautiful
scenery, and watches restaurant employees and the valet company park at the
Yacht Club, noting the two handicapped spaces are full and the police fail to cite
the offenders. She said she wished to have a parking space and not compete
with people who have a business, said something should be done, it is a small
town, but it is sore spot with her be;;ause what she thought she was going to own
and be a part of is not the case at this time.
Mayor Hill invited her to speak to Chief Morris about any issues regarding the
Police Department et any time; there are stilt some issues with Mulligan's parking
to work out. we have directed the City Manager to look into ways to make the
parking better; and there are improvements planned to provide more parking.
Ms. Capros said a lower dock was removed when the docks were redone and
her disabled husband has a hard time getting into their boat. The City Manager
said he would look at that. Mayor Hill asked her to take the City Manager's card
to set up a meeting.
8
Regular City Council Meeting
February 9, 2011
Page Nino
Ben Hooker, Sebastian, displayed a flyer posted on his windshield while parked
near the Cavcorp tot. He said he suggested a fence between the Yacht Club and
Mulligan's to avoid the problem Ms. Capros spoke of. He said beer trucks, food
vendors block the boat ramp and there is no way to see the exit sign at night.
He said he asked for an overlay of what was to be built at the waterfront and he
read in the paper that there will be a second floor to view the dock, and there will
be a pig rcast indicating the working waterfront is open while under construction;
said six truck loads of dirt were dumped an the drainage swale to the west; noted
the City sent a letter to the County recommending an algae company along the
river, and recently the paper said the fish kill was due to lack of oxygen so
Council might want to think again about the company.
Damien G Iliams said he felt bad that Ms. Capros had to sit for two and a half
hours to be told that she just needed to meet with the City Manager; he
apologized to Mr. Wapnick that nobody attended the Four Chaplains event; he
was still in favor of the City Manager putting his goals into a esolution; he
noticed there is a new hire at the garage and he thought there was freeze and
now he understands the garage is subcontracting work out which is better to put
money into the community than creating staff with big pensions and benefits.
He said he keeps asking about matching SBA funding with CRA funds but is
ignored because he is the one that brings the idea to Council; he is going to keep
an eye on the budget, look for more cuts and consolidation; and urged the
budget committee to start early with the budget.
He said under Code 2 -93 with the surplus Hurricane Harbor furniture... Mayor
Hill reminced him that he had 15 more seconds. Mr. Gilliams said Council
violated the law and there needs to be an investigation and set the procedures
correctly on how we get rid of assets. Mayor Hill thanked him. Mr. Gilliams
requested extra time but there was no interest. Mayor Hill asked him to take a
seat but he did not. Chief Morris escorted him out of the Chamber.
17 NFW BUSINESS
11.010 A. Resolution No. R -11 -03 Reeselino Airport Field Rule Resolution and Officially
51 -71 Adopting Airport Principal Guiding Documents as Official Airport Reculations
(Airport Transmittal, R- 11.03, R- 79 -11, R- 85 -12, R- 85 -27, R- 86 -12)
A RCSOI U ZION OF THE CITY OF SLI3AS DAN. INDIAN RIVER COUNTY, FLORIDA RESCINDING
RESOLUTICN NOS. R- 79 -11. R -85-12. R 85 27, AND R -86 -12 WHICH ESTABLISHED FIELD RULES
FOR THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE SEBASTIAN AIRPORT
PRINCIPAL GUIDING DOCUMENT AS A'PROVED IN APRIL 2007 TO BE THE OFFICIAL AIRPORT
REGULATORY DOCUMENT: PROVIDINGFUR CUNI LIC 15; AND PROVIDING AN EFFECTIVE DAI t
The City Attorney read Resolution No. R -11 -03 by title.
Regurar City Council Meeting
February 9, 2011
Page Ten
The Airport Director said this is another housekeeping item, the Guiding Documents
approved in 2007 supersede the resolutions.
MOTION by Mr. Wright and SECOND by Ms. Coy 10 approve Resolution R- 11 -03.
Ms. Coy clarified again this is a hotsekeeping effort and asked why there is a U -Haul
sign in same spot as the other contentious sign on Roseland Road. The Airport
Director offered to check out the sign.
Resuh of the Roll Call:
Ayes: All
Nays: D
Passed 5 -0.
11.024 B. Quarter Round Drainage Improvement Update (City Manager Transmittal)
73
The City Manager said he brought this back at Council's request the C,ty has
made significant improvement, since his hire he has put together a plan to
address drainage, with a comprehensive approach to clear and maintain the
ditches. tried to fix front swale ditches get homeowners to replace culverts that
are deteriorating. and he has put together a quarter round map. He said
everybody pays a $48 a year assessment, and the City has tried to take a
systematic approach that puts together location, proximity to outtalls.
He said the quarter round is a 30 -year plan (displayed on poster board and circle
page 74b of the packet) but it is the best course scenario. they have tried to
provide temporary relief to folks with the Armadillo and by blowing out driveway
pipes. He said they may want to include this in the storm water master plan, or
discuss a citizen petition program where residents in block areas need drainage.
use contract forces, or use all sorts of funding sources. He said they have used
gas tax money, DST monies: and that with tools given have been somewhat
successful.
Mayor Hill said there have been a lot of improvements and the biggest concern is
that homeowners were on the map and then they were not; so he would assume
the City Manager identified the worst areas with the plan.
On a poster board map, the City Manager pointed out the troublesome areas with
their flow patterns. He said their strategy has been to tackle where there are
problems, complaints and topography with about a half a million dollars each
year
Ms. Coy commented that when the City was doing CDBG, some problem streets
were added for improvement but Council opted to do something else and in the
future Council might want to use CDGB money on more quarter round.
The City Manager said CDGB money has to be a target area and staff did
identify some target areas that would alleviate other funds.
10
Regular City Council Meeting
February 9, 2011
Page Eleven
Mayor Hill suggested making the map real and put it into the storm water master
plan. The City Manager suggested it be a living, breathing document; if it goes
into the master plan we describe how we are trying to tackle issues; the quarter
round is designed to retain water noting we have people nol changing culverts
out which s hurting someone else; and plan modifications would come back to
Council.
Mayor Hill said things will change but the map will give people hope they will be
taken care of. Ms. Coy added another tropical storm could nave us reassessing
everything. Mayor Hill said he likes the direction staff is moving in.
Mr. Wolff said driveway replacement culvert is a significant cost, a quality of life
issue, and as a property owner. residents have a social responsibility to the rest
of community to replace their culvert. He said they need to define an
assessment with a way to allow destitute property owners pay their share.
The City Manager said staff had decided culverts weren't our responsibility but to
improve the Swale we took it upon ourselves and realized the benefit. He said
they may want to do an assessment, there wouldn't be a big influx of cash. but
there would be a lien on the property until it is sold.
Ms. Coy said six years ago Council decided drainage was the responsibility of
the City and didn't exclude culverts or canals and now we want to tell people they
need to spend money on drainage which is very unfair and it we can tix it. we
need to continue it.
In response to Mr. Wright, the City Manager said a little bit iess than half of the
storm water fee was paid for the Collier Creek project. Mr. Wright said Council
has gotten into a situation where Council has done public improvements to
private property and more will come up but there is a limit as to how far we can
ga. He sad there will be projects corning up similar to Collier Greek and they
must decide if everything should be paid by the taxpayer or individual
homeowners noting the improvement of Collier Creek came from the storm water
fee so they don't have money for storm water projects. He said when you cross
over to private property people have an obligation to maintain their property
which has to be looked at.
Mayor Hilt pointed out not every driveway needs to be replaced.
For the record, Mr. Wolff asked if anyone can provide that Collier Creek was
initially an assessment project; that he would be interested as it was not, and the
only record is a statement in a TCPaIm archive by the City that the project would
not be. He also cited the notion that the City improved peoples property, he
asked to be shown water that doesn't flow through there; he took it as a personal
affront as he happens to live there; and the whole controversy was that residents
wanted the walls left alone
1 1
Regular City Council Meeting
February 9, 2011
Page Twelve
11.025
75
M. Wright said he remembered watching the meetings where there was much
discussion on how it was to be paid and it was decided not to be assessed but
paid by City funds. Ms. Coy said she remembered it was.
Mayor Hill said they could continue to go on recollections or produce paperwork
and asked Council to stay on the item.
Mr. Gillmor noted his street is not due till 2018 and asked how does he move up,
the City has done an excellent job; when it rains if you wait an hour or two the
swales are doing the job.
Mayor Hill said he would like to go with the City Manager's recommendation to
place the map in the master plan and there was no objection. He also asked that
budget discussion regarding fees and assessment be addressed during the
budget time.
C. First Reading -of Ordinance No. 0- 1-1-03 Amending Code C'aa eter 46
OF ORDIDJANCES IN n1S EIIIIRETY AND I A NI-IN CHAPTF4+ -18 REGARDING -FLOOD
1 FOR --SF RABILITY; ARID
PRAWPWNG FOR AN EHEI- CI DA?E
Pulled from consideration.
13. CITY ATTORNEY MATTERS none.
14. CITY MANAGER MATTERS
11 026 A. Sebastian Municipal Airport Habitat Restoration/Bum Update trio backup)
The City Manager said the Florida Division of Forestry carne up with a
recommendation for a March burning in polygon 8 (the east side of Airport) to
open up a more natural scrub habitat so Council will see smoke at that time.
He also said the CR512 project will go out to bid next week, along with the
Potomac Drainage project, and the stamped asphalt plans are with FDOT for
approval.
He said Barber Street is almost complete, the road is open, hopefully the dead
sod will come back to life, and the field office will be open for another two weeks.
Laconia, Periwinkle South Easy Paving
In response to Mr. Wolff, the City Manager reported during the past two weeks
staff has taken boring tests. redoing compaction tests there is a meeting
scheduled for Friday with APAC and Asphalt Recycling where he hopes APAC
will provide estimates to repair and share the cost between the two companies,
he hopes they will accept it, otherwise he will move onto the company's higher
ups to have them live up to the contract, noting he has kept the City Attorney in
the loop.
11
Regular City Council Meeting
February 9 2011
Page Thirteen
He said he believed Asphalt Recycling is working with us, he is disappointed with
APAC as their past stance has been to pass the buck and they have not
approached this with their fiduciary responsibility; he is fearful until he goes to the
higher -ups, resolution would not happen.
In response to Mayor Hill, he said the project is bonded but they have not talked
about pulling bonds and if APAC doesn't fix the deficiencies. they will have those
discussions and figure out how to fix the issues.
15. CITY CLERK MATTERS none.
16. CITY COUNCIL MATTERS
A. Mayor Hill none.
B. Vice Mayor Wright
Mr. Wright said Ms. Cafros described a situation where the would be eligible to
use handicapped parking and he would hope those using the handicapped
spaces will be ticketed and be towed.
He said there has always been an older group that parked at Yacht Club to watch
the river and he is concerned where valet parking is allowed and said the Yacht
Club shoed be used for those using the marina property. He said we should
look at signs there and noted when someone pulls into exit, it is very difficult. He
said he drives by there twice a day and sees most of the overflow parking is
taken along with the front row of Cavcorp taken by passenger cars. He said it
should be understood that now that we have an operating restaurant we should
have anticipated there would be parking but at the same time, we should have
some public parking areas.
Mayor Hill asked if there been discussion with Mr. Hart regarding the valet
company using the Yacht Club parking. The City Manager said he would do that.
Ms. Coy asked to him to mention employees should be directed to more obscure
parking as is done with any business.
C. Council Member Coy
Ms. Coy said last week she received a few calls on commercial vehicles parking
in swales, and parking overnight on public property and she reminded the public
that residents cannot park in the swale unless their driveway is full.
Mayor Hill said they are to park in the road, not the swale.
The City Manager said parking at the edge of the road is permitted as long as the
driveway is full, the homeowner knows k is going on, and no overnight parking.
He said they are trying to issue warnings first and tickets second and the Police
Department plans to put a slide on -rte webstte.
13
Regular City Council Meeting
February 9, 2011
Page Fourteen
Mayor Hill said he recollects there is no parking in the grass swale. Mr. Wolff
agreed. The Police Chief said that is right, but as safety precaution on streets
like Barber, and Easy the officers p:efer cars park closer to the swale. Mayor Hill
requested clarification and if it is acceptable the code should be changed.
The Police Chief read Code section 98 -33 into the record and said that was
verbatim an the television slide. The City Manager said for the most part it is
working well and he offered to have the Chief write a memorandum of
clarification to Council.
D. Council Member Gillmor
Mr. Gillmor reported that he went to the Craft Club Show on Saturday, they had
excellent traffic, the Cavcorp lot was full of cars: and he suggested having the
sign shop make an a -frame sign to have people park in the overflow parking lot
by the Splash Pad.
Mayor Hill agreed and suggested making that lot the primary event parking lot
Mr. Gillmor agreed with Mr. Wright that there should be some way to designate
the Yacht Club parking for those using the Yacht Club.
E Council Member Wolff
Mr. Wolff said when Council discusses problems. they are not discussed with an
open mind and a willingness for healthy discourse, more often than not they
come in having their minds made up and it doesn't allow an environment for
discussion of pros and cons to come up with answers, which would bring Council
to a higher level, and the City would be better off.
Mayor Hill said when they discuss parking everyone understands there is a
problem, he is very pleased with the way this Council is working together; earlier
there was a potential for inappropriate action. but they are working together on
parking, he would disagree with Mr Wolff, contentious issues are inevitable but if
they go forward at a higher level they, as all five members do. they will do what is
in the best :Merest of the community.
Mr. Wolff said he mentioned parking specifically because when Mulligan's
application came in there were several flags of economic development hoisted
and flown and any objection was tantamount to being against the project, which
is why he asked what Council expected when it was approved. He said it almost
felt that discussion was so eager to bring Mulligan's in and now at this point
Council is discussing parking.
Mayor Hill said that was fair enough and all statements made should be looked at
from all Council Members which may not be in the best interest at the community
and maybe everyone should look in the mirror and make sure discussion is civil.
14
Regular City Council Meeting
February 9, 2011
Page Fifteen
Jim HMi, Mayor
Alil St
Mr. Wolff agreed and commended him.
17. Being no further business. Mayor Hill adjourned the regular meeting at 9:30 p.m.
Approved at the February 23' 207 7
sans/ A. Main, MMC— City Clerk
Subject:
Right of Way encroachment
Ap ro y for Submittal by:
EXPENDITURE
REQUIRED:
N/A
DOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
Agenda No. I I.00 I
Department Origin: GM J
Finance:
City Attorney:
City Clerk:
Date Submitted: Feb. 16. 2011
For: Meeting of Feb. 23 2011
Exhibits: Resolution No. R- 11 -05, proposed renovation sheet for 1540 Indian River
Drive and historical photos of Hurricane Harbor.
1 AMOUNT BUDGETED:
APPROPRIATION
REQUIRED:
N/A
SUMMARY
While the Hurricane Harbor building is undergoing renovations, it's apparent that the
front entrance would benefit from a covered entranceway to protect the building and
visitors from the elements. A covered entranceway will also provide some architectural
detailing on an otherwise plain facade. Fisherman's Landing Sebastian (FLS) is
proposing a roofed entrance feature extending approximately 6 feet from the building.
The covered entrance will extend for 12 feet across the double doors and in scale with
the building. The covering will utilize wood beams and a standing seam metal roof to
match the vernacular style of the building. The edge of this structure would be
approximately three feet from the sidewalk and will not affect the public's use of the
sidewalk.
The structure was built to the property Tine the exterior wall is where the property line
begins. so it not only lacks a set back but any decorative features added will protrude
into the platted right of way (ROW) for Indian River Drive. Typically the right of way is
reserved for the roadway. sidewalk, landscaping and signage. but City Council has the
option to approve the encroachment.
Attached are some historical photos showing Hurricane Harbor with awnings that served
the same purpose as the proposed covered entrance.
RECOMMENDATION
Approve Resolution No. R -11-05 accepting the encroachment into the right of way of
Indian River Drive for the proposed covered entrance
r72
RESOLUTION NO. R- 11 -05
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ACCEPTING A
RIGHT OF WAY (R.O.W.) ENCROACHMENT FOR CITY OWNED
PROPERTY LOCATED AT 1544 INDIAN RIVER DRIVE; PROVIDING FOR
CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, recognizes the
historical nature of the Hurricane Harbor Structure; and
WHEREAS, in renovating this site to a revitalized, working waterfront amenity,
the usefulness of an constructing a covered entrance would protect both the structure
and visitors to the site from the elements: and
WHEREAS, this building was built such that it is located on the property line; and
WHEREAS, recognizing that a protective entrance feature would enhance the
"vernacular" style of the structure as well as add additional decorative architectural
details; and
WHEREAS, the proposed protective covering would protrude approximately six
feet into the platted right of way for Indian River Drive, and extend for 12 feet across the
building's front facade;
NOW THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section t ACCEPTANCE. The City of Sebastian accepts the right of way
encroachment of a covered entrance structure, landscaping and any other decorative
features for the Hurricane Harbor site located at 1540 Indian River Drive.
Section 2. REMOVAL. In the event that the City, in its reasonable judgement,
determines that the area encumbered by this Resolution is necessary for construction of
improvements to Indian River Drive shall require the removal of an. encroaching
structure.
Section 3. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 4. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by
The motion was seconded by and, upon being put to a
vote, the vote was as follows:
The Mayor thereupon declared this Resolution duly passed and adopted this 23 day
of February 23, 2011.
ATTEST:
Mayor Jim Hill
Vice -Mayor Don Wright
Council Member Andrea Coy
Council Member Richard Gillmor
Council Member Eugene Wolff
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Jim Hill
Approved as to form and legality for reliance by the
City of Sebastian only:
Sally A. Maio, MMC
City Clerk Robert A. Ginsburg, City Attorney
A
FA
pt
26
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i mlr t ort a .eN cv
Y
T e building occupied by 1 z ;rrinane Hai-
orRestaurant, 1 S40lndianRiverDri've,
Sebastian, dates to the raid 1974s when Se.
hastian was becoming a busy town. The front
pan of the Ywihlirlg, cloyed 'O the road. is
believe :d to have been built about. 1925 by
Jess Powell. Located beside the main road
that had become the first US1, tt was eon-
:gruel r-rl of corrugated in:n and callers of
heart pine. It was a garage that repaired
automobiles and had a small office on the
street side and two wry small bathrooms. It
was a busy place be-
ca use the model Ts
and Intck$tnthecon;,-
anthity had rwairdy alit.
or shell roads to travel
on and 7cptilr was of-
ten necessary.
During this period
of our nation's his! nry.
the era of national Pro-
lurid tor. look pincr.
Prohibition was a teuli
commonly used iri the
United States to dennte
the legal ban onman•.]-
facture. sale, and
Transportation of alc:o-
I Iurricane Harbor
bid Mdfse l3crvur!!
Hulicarie "nor alp•esen111992). Mt K.
Hurricane Harbor
%hen twos inlet Bay
Seafood. or oyster
peckirg plan' in the
CC's. 10 .1.3.
do }ic beverages, 'rids period extended r rurat
1910 to 1:5)33. The illegal sale and lran.h
tation of B'oe'r became a booming business.
Rob McCain bought the garage in the mid
20s :and tiinied it into a place to house his
collection of ears and truck;. Because of Ilie
building's closeness to the river. it became- an
ideal place to bring in illegal liquorcargofrom
across the river. This contraband would he
delivered to the ocean side of the barrier Is-
land by larger and faster boats coming up
Irmo Cuba and the flaharna islands .4rnits-
gling of liquors became
big business and the
gara2 ebecamea head-
quarters arid dis-ribir-
tion point.
pure Ely across t
river from H211 ric'anC
Harbor the barrier is-
land is very narrow. A
path was et t froni the
river to the ocean side
called hew scv!. This
was about a half mile
south of the present
inlet.
Rodney Kroegei,
sort of It'e'm pioneer
28)
(27
44. Df1C RI.OAri HOUSE.. 1603 11. S, I. Prior or 1915
this building was the Tompkins store located on Blain Street
and Ninth Central Avcrva. Affix :d vvaS rnuv'ed, Doc Sloan,
a :'oot1eggcr, I i ved in it. Ile was also a grove owner.
45. LETCHWORTH GARAGE.. 12221J.S. 1. Rnili circa
1910 ly a Mr Amos for Rahnn 1 erchworth. this was
originally a garage. Then it was used by the Sebastian
Volunteer Fire TJepanment. With further renovation and
additions it has become a treasure muscnm.
46. If i RRI CA N E 11 A RB OR McCAJN GARAGE. 1.S4 U
N. Indian River Drive. In 1927, ibis building was a gut age
and auto repair shop serving as a "front" for rec.iving. and
storing contraband liquor during prohibition. Across the
street wxx rho, house of Bob McCain, ih.: area's: most
s bootlegger: Li 1978 the garage betame a restaurant.
18 x
47. OCEAN U11tE[7E SLR►'JCE S'TA'TION. 1690 N.
Indian River Dr'ive.It 1927, when dais building was built. it
was ages station wae.a sma11 grocery sto_e.. Liviugquerlcrs
were in the rear. It was Bari[ by Oki:: Bard.
48. MAl "S MAMMA. 1712 N. Indian River Drive. this
early "list house" with a dock extending into the river
exis :o.: bx:rim: Iho hurricane. Must of lac buildings
have been reboil!, excrpr possibly the fish house at the end
of the dock.
/9
49. ARCHIE SMJTII WHOI.E.SALE. BSI! CO.1740 N.
Indian River Drive The residence building or this "fish
house complex was built in 1926 as a gas station. but was
never used ax on o:. Other buildings so dta dock ware bull:
in the most ten years. Note the tracks on the. dock and the
hand pushed trolley ?hat carries fi.lt fr orn the fish house on
the drwk Io waiting tnrcics.l'his fish house has been placed
on the National Register of Historic Places.
Subject: Approval uf Sebastian Rotary Club
2011 Hueue and Garden Show
Approved for Submittal by: City Manager
ire
A fr linnet
Exhibits: Park Use .Application, Diagram and Letter from President of Rotary Club.
EXPENDITURE RLQVIRED:
None
SID „'r
I ?JtA€ Or 1 ISi.ANI)
CrrY OF SEBASTIAN
AGENDA TRANSMITTAL
AMOUNT BUDGETED: NIA
RECOMMENDED ACTION
Agenda No. II.OLD
Department Origin: C`:0..re Ik
Finance Director:
City Attorney;
City Clerk:
Date Submitted: February id, 2011
Fur Agenda uf: February 23, 2011
APPROPRIATION
REQUIRED: None
SUMMARY
The Sebastian Rotary Club is seeking Council approval for their 5 Annual 2011 Home and
Garden Show. The event is scheduled far March 26 27, 2011 al Riverview Park from 9AM to
5110. Set up will begin the evening of Friday, March 25, 2011. The attached letter outlines
activities associated with the time and Garden Show Event. The Rotary Club has requested to
sell beer again at this year's event. They wiit serve beer in a contained area inside Ow Park. he
Rotary Club is requesting the City prov:dc the mobile stage, bleac11(. s, trash receptacles and :rash
bags. City staff will am. 1111 and IakC demo mobile State and a.isiAl with 111: iraS11 removal.
Move to approve the Sebastian Rotary Club 5 Annual 2011 llomc and Garden Show at
Riverview Pars: en March 26 27, 2011 from 9AM to SPVF.
Move to approve beer sales at Riverview Park for the Sebastian Rotary Club 2011 Hone
Garden Show on March 26 27, 2011 from 9A'v1 to SPM.
Ft53. 9 9aii
Dear City Manager, City Council and Parks Recreation,
The Rotary Club of Sebastian is once again seeking the Riverview Park for the
Annual Home Garden Show. Just like last year it is a 2 day event with food and
entertainment. We expect approximately 80 to 80 vendors with 6 -8 being food vendors.
This year we are also seeking approval of the sale of beer. This seems to be
profitable for other activities at the park as well as very popular. The Rotary Club
members would be solely incharge of serving and this would be contained in the food
vendor area. see park map
Our small club which is part of the largest and oldest Civic Organization has raised
thousands of dollars that were put toward scholarships, literacy projects and other
Rotary efforts to reduce poverty and promote world peace.
Thank you for your support,
Chris Pinson
President, Sebastian Rotary
772473 -1337
Date:
Please check appropriate box:
Physical Address
City State
Alt. V
Fa::itirj (Park or Pavr:ionl Requested
1
11.4ktu ace 2 'ac
Requested Date(s)
Will there be any sale of gdcodst
Yes Nn
CITY OF SEBASTIAN
PARK USE PERMIT APPLICATION
ma
HOME OF Pr1KAN IStmin
1225 Main Street
Sebastian, FL 32958
Parke Phone: (172) 228.7064
cmcarthy@eityaluebeistian.org
Pavillon Rental OMy*
$1OD Security Deposit $50 Pent slus I% tax $53.90
Park Cent (75 to 300 anticipated attendees)
$100 S ecurity Deposit $100 rent plus 7% tax $107
V Special Event (301 or more anticipated attendees)
City Council Approval
$200 Security )epasit $200 rent plus 7°i. tax $214
•Akolwl.& G eve rnye Revert tor c.7 event rcgrdres City Kamm' 4Erfirovd!
MA ti /4 o.cr
Name of Permiree (permits may only be issued to an acuit)
(,f yea. please desrrihe type of goods on back)
s?.oritiPd.
Ferrel Fir Pit
Cxincil Approval:
Poke Hire Verticafan•
Clace Ose Qrw:
(l app.b ble) n'rzk
Dale in sets
Cox I:14E13
City Manager Approval:
Dale a pals
P_r.. Supl. Approval:
Cate 4ii:ial5
naia!K apalrtib!ay
ray of va or se'.:104 -7,4
Name of organization (if applicable)
+.C 7 17S3 St?RI4 -,,ALi Pt.
Mailing Address if Different
7 7.7- 971 -1 nn Sa3Csipre hai, -ea
Phone E -Mail
Anticipated Number of Attendees
'I me From To Isaindate (.f applicable)
VV50 there by food or ether vei dors?
Yes V/ Nn Of yes, please name, address of each on back with description and
schematic of structures (tents, etc.) ro be eracted or otherwise assembled on back. (May require Health Dept. or
IRC Pm Dept. {hermit)
I. c —12171 f'NS0 of the undersigned, acknowledge that I am the applicant or authorized agent of
the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes in respect to
this application and use of City facltities for which I have applied fora permit for a Park Event or Special Lvenr I
have been provided with the general rules prescribed by the City and agree to the terms thereof.
CITY OF SEBASTIAN PARK USE PERMIT APPLICATION
PAGE TWO
t.ist Arrg Vendor Information ar.dlnr Schemaias on th s page
NAME ADDRESS TYPE
_CPO J ti/ Ct)d�5 Ail 'Pot l P :.L4 o h GAP.Dcr fkci Cr i S
SCtIEMATIC:
Si r~ A is -1s)
OF FICE USE ONLY:
SPECIAL. CONDITIONS IMPOSED BY CITY MANAGER OR CITY COUNCIL:
0 L)
Quote Prepared For
The City of Sebastian
BASE MACHINE
NON SPECIFIED
3M9 -2695
351 -3326
273 -5421
240 -5'039
321 -9829
296-0923
298 -0944
296 -0957
296 -1200
352 -0835
350 -6094
301 -4462
322 4C01
me-1015
296 -0989
298 -7508
322 -1540
31D-8306
313-2 ib
294 -5328
759 -0£iO4
OP -3380
214 -1252
353 -1978
349 -2697
7:)5.5954
308 -0324
Brooks
352-795-497S
Lakeland
06345OG -05'12
Pompano Beach
554.977 -5010
Daytona reach
38':- 947 -33b3
Ocala
352.732 -210C
Sarasota
941 4535
CONTRACT DETAILS
[Florida Sherif?s Association
'Bid 10 -18 -0907
Specification it 57, HydraLlic Mini Excavators and Options
Effective: October 1, 7010 Through September 30, 9011
Caterpillar 307..5C Hydraulic Excavator
Upgrade to Caterpitar 308D CR Base Machine
TOTAL OF BASE MACHINE
OPTIONS
InstIlation. S ade
Cab, with I empered Windcws
Scat, H -back, Suspension
Belt, Seat 3" Retractable
Panel, SW Start Switch
Boom, One -Piece
Linkage, Bjcket,'we lifting Bar
Hydraulics, Aux.. Joystick
Counterweight, 9535LBS
Alarm, Travel
Power Supply, 12 -5A
i.ig :bts, Cab
Light, Boon Right Side
Changer. Hand Control Pattern
Cooling, High Ambient
Control, Auto Engine
Stick, Long wl FIR. MP QC A.ix Lines
Joystick, Auxiliary Control
neck, 18" Rubber Beit
Blade, 91 Weld -On
Instructionx, ANSI
Instructions, Englis'.1
Guard, Front. Winosh'eld
Exit Secondary. Rear Window
Hydraulics. Quick Coupler
Bucket, HU, 36 .51 CYO
Pin;, Bucket 307/3081') Series
Gainesville
3b2- 371 -Sut'3
Orlando
407 -.3 -4165
Tallahassee
850. 5624121
QUOTE PER THE FLORIDA SHERIFF'S ASSOCIATION CONTRACT
{11 NEW CATERPILLAR 308D CR HYDRAULIC EXCAVATOR
St Augustine
924- 737 -7730
Palm Bay
32' -952 -3001
Tampa
eta- 67•- srr•
2/11/2011
530,013
0494
$74,43T
NC
�!C
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
S7,000
NC
$2,2•15
NC
NC
NC
$1,490
$660
NC
12.507
6193
Lake City
385 755-3937
Perry
85C -584- -2803
Tarpon Snrinys
x27- 03ti-1h1 h
L
7Y -1559
Alan Tromas
Brooksville
352 796 -407e
Lakeland
953 -Se &1S 17
Pompano Beach
654.977 -501G
TOTAL TRANSACTION PRICE
Vice President Governmental Sales Manager
Ring Power Corporaton
Daytona Beach GainesvAle
386.947.3363 352 -.371 -9983
Ocala Orlando
3SJ -73J- 7 P MI 4 n7.a5.5.a195
Sarasota Tallahassee
S41. 753 -7535 850- 562.2121
Sidecutters
SUL3'IOIAL
LESS 28% SHERIFF'S CONTRACT DISCOUNT
TOTAL OF NON SPECIFIED OPTIONS
NON CONTRACT OPTIONS
INSTALL CASE DRAIN LINE FOR MOWER
HELAC PT -6 POWERTILT SWIVEL
FREIGHT FOR HELAC
JUMPER LINES FOR HELAC SWIVEL
DIAMOND 50" ROTARY CUTTING HEAD
FREIGHT FOR DIAMOND CUT rINU HEAD
LABOR TO INSTALL HE_AC CUTTING HEAD
3 YEAR 1 3,000 HOUR PREMIER ESC WARRANTY
TOTAL OF NON -CONTRACT OPTIONS
5t. Augustine
804- 737.7730
Palm Bay
371.997. ?On 1
Tampa
613. 671.3700
$283
114,348
($4,0171
$10,331
S1.000
$0.290
$750
$1,000
S12.204
51,750
$2,955
53,080
$29,029
$113,797
Lake City
Sat-755-3;g7
Perry
856 584.2800
Tarpon Springs
/2/-95d-15'3
F�
xLbRMA
AS£9Qa170e OF
COUNTIES
SU .Ato.m Mande
FLORIDA SHERIFFS ASSOCIATION,
FLORIDA ASSOCIATION OF COUNTIES
FLORIDA FIRE CHIEFS' ASSOCIATION
HYDRAULIC MINI EXCAVATOR
SPECIFICATION #57
2011 Caterpillar 302.5C
The Caterpillar 302.50 purchased through this contract comes with all the standard equipment as specified by the manufacturer for
this model and FSA's base vehicle speciticatian(s) requirements which are included and made a part of this contract's vehicle base
price es awarded by specification by zoo.
ZO1F.: Western Northern Central Southern
BASE PRICE: 530.013.00 $30,013.00 530,013.00 5
While IheFlorida Sheriffs Association, Florida Association off Counties and Florida Fire Chiefs' Association have attempted to
identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment
reeds and preferences are going rn vary from agency to agency. fn an effort to incorporate flexibility into our program, we have
created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs.
The following equipment delete and add options and their related cost are provided lure to assist you in approxhnating the total cost
of the type vchiele(s) you wish to order through this program. Simply deduct the coat of any of the following equipmail items you
wish deleted from the base unit cost and/or add the cost of any emiipmenl items you wish added to the base unit cosi to determine the
approximate Lust of the type vel£icle(s) you wish to order.
NOTE: An ofrceial listing of all add:delete options and their prices should be obtained from the appropriate dealer in your when
preparing your order. Additional /delete options other than those listed .Sere may be available rhrough the dealers, however, those
iisxJ here mud be honored by the dealers in your ruts sat the s :acrd priers.
Sid Award. Annaancement Revised 0 0.18. 090^.)
.1319
VF.•11CLE:
DEALEk:
ZONE:
BASE PRICE:
Order Code
321 -6137
301.8('
STANDARD t
Order Code
%1 -1287 1
301..1)`
360 -0542
305U
131.0193
3071)
351 -9134
psr" 308D 2
321 -6159
CAA AJC'
190 -7390 1
153- 7857
153 -7263 1
240.4060 1
218 -3197
274-1690
1
3015f:
Ring Power Corporation
Wester:l
230,013.011
Delete Options
!Downgrade muehintt to a 3,240 Ib. excavator
30r.8 M-4v HYL'RAQLJCE'YCA✓ATQR I
I ?ALLUDES BASk. Ng SC MOE#,3li-61Ji a: %FREIUl."& PREP ONLY 2
Downgrade model specify
r Downgrade model specify
I Backfill blade float althea
!STANDARD I
1
Moder upgrade specify
I MAW l:R HYDRAULIC Kt? 7A: :1R 1
CtPv.4IDF ;0 MA" TORT: Ck -il ?4
L
1 Cab vdth air conditioning
I )U_'.3C MBE CAR, )Y• /AC' 1
1 CIPGRADE70 n13.3C (win), 61S''
18" bucket
117 Of' :Lai I
20' b'ueket
20" GP minx?' 1
Model upgrade specify
3 07D MDR-VEX int.' ik;47d.R 1
OPARAr:F TO AM? 30 7D Cle 333 r -0i
302.5t'
Ring Power Curpoiation
Northern
530,013 no
Add Options
Upgrade to 7,700 Ih. plus excavator
30i.3.0 etr I!hi torn R.truY.tItM
t +PC :RARE 0 CR: nrO Cti $O3 .51) CR ai61 -))t: N:• }REiGHT PREP LA'LY 2
hModeI upgrade specify
1305D CR KM HYD EWA F 1
UPGRADE TO COMFORT' 30!D CR »160.0542 Fr" algal? PREP G:NL r i
it: FRE/ 61F PREP I) 1.Y'
iY. Pke.R1 00 TA. Play ON1.Y
24' ditelt cleaning. bucket
32 "DrICHBUCKET TN.E SMALLEST VAPLAN.F. FROM L'A'i I
$30,013.00
i Quick coupler remote hydraulics
410/CK COOPL.Efr.Pw GR1nF ..R,.U141/1 +NF.R N:a
Hydraulic auger ulIiwttment
1 A14B AUGER, DPJNE win' I
1 hydraulic hammer attachment
r.'43DSHJMMEN 7
�r Bid Award Announcement Revised (10.18 0907)
lI
302.5C 302.$C
Ring Power Corporat ou Kelly T.actorCo,
Central Southern
Western
Northern
Central Southern
(55,381.091 (25.
1
530,172.00
$589 00
5662.00
5744.00
5950.00'
$2,191.01.1
56,740.00
Scd
Western
Northera
Central Southern
1 $3,007.00 $3,051A0'
1 1
$10,890.00' 510,989 -002
1
1
1
$41,715.00 841,905.00
$44,424.00' 544,172 00
1
$4 508.0(1 1 $4,494.00
1
.1320
VEI
DEALER:
ZONE:
RASE PRICE:
30'11)
243.9644 2
212 -9679
264-2967 2
JYXI oun 1IR
PREMIER
313000
PRIiMIUR
.5 Y1i15000111t
POWER
TRAIN'
5:5000
POWER LAIN 2
28% Discount
28% Discount
302.5C
Rick; Pavret Corporation
Western
530,013.0e
Optional equipmtntt specify
+PURACE• TO Cr; MR.1RTr SO4D CR N ?6.• 327J W(FRE!G1.7.F PUP OtiT Y 2
'Opti Optional equipment specify'
onal sm'E a. 2
iiii `Optional equipment specify
r11OLK.ir 2
Uplionnl equipment- specify
RADIO 1.NSYALAIWA' FACKCAGE 2
Optional equiprent specify
Optional equipstenr specify
Optional equipment- specify'
Optional equipment spr
Optional equipment specify
Optional equipment specify
Temporary tag
Transfer existing registration (must provide tag number)
New state tag specify state, county, city, sherilt -etc
Warranty specify
TE4211400! !OL4i:PRtIPER I
J MU: 13006 IIO[iR ,14: w.+F-k if'ARR41,7 V...2.2 ONLY
'Warranty specify
s YELP /5049 f1OUR POWER TRALN W.d J(1A'r -1
5 ti-AR: 5060 .17011R PGiFjR TRAIN, 393 crhLY
3U2.it:
Ring PcwrrCorpondiun
Northern
300,013.00
302.50
Ring Power Corporation
Central
$30,013 OO
Viscount percentage off rnanufacturets current published semi] pr ices fur
non- spccili d options and arty optional models hid. (177. diecnunt is applied to the
madnfacturcta carrent published Tetail prices.)
281t Clsr.'OUNT ON 301 R TRRO:k ?!'3: i....kt :fAr 12.591 DISCOUNT 9.N ALL CAT MOIL(
t'')OIS 1
36.6% DISCQW.7 O!: CATEIL ^ILLiR SO MR'.YU ire 19! VNi rinL:R.4 r%CA v.,r rms.b
12575 CISCYrvvzo .'CATEP.PILAR SJ-NK :OOI S'
Rid Aeaar Announcement Revised DO-18-0907J
302.5C
KcIIy'ISarior Co.
Southern
530,172.00
$2,125.00
51,289.00
i
1
$6,114.00
5858.00'
SS4.00
i
•$32L00
$2,125.00'
S1,287.00
132I,
(q
Subject: Purchase Hydraulic Mini
Excavator
Appro cd for Submittal by:
iner
EXPENDITURE AMOUNT
REQUIRED: 5113191 BIIDGFTED:
$200,000
mr
0 .5 TPA Ni
jai Az r
HOW 01 r.L[CAN lamas
CITY OF SF.BASTIAN
AGENDA TRANSMITTAI,
Exhibits: Ring Power Price Quotation, Florida Sheriffs Association Contract
SUM AIARY
RECOMMENDED ACTION
Agenda No. _I 1,
]Department Origin:.Public Works
(Department Head:
Finance Direct() fi r irlj7?ar.
City Attorney: 4fa rae
City Clerk:
Date Submitted: i' cbruary 16, 2011
For Agenda of: February 23, 2011
r.�
4PPltOPRLE TION FUNDING SOURCE:
REQUIRED: None StormwaterFund
The Public Works Stemmata Division has $200,000 budgeted for a new excavator.
After checking all available sources, the Garage Superintendent has found at machine that
meets onr needs which can be purchased from the Florida Sheriffs Association
government bid. ibis vehicle will he a great asset to our department in the continuation
of Swale and ditch maintenance which is our main concern at this time and allow us to
rrlinita)%�C downtime currently experictivedl with the older machines which break down
constantly and require costly repairs.
Move w authorize the purchase of a hydraulic mini excavator from the Florida Sheriffs
Association Specification t57 I3id it 0- 8 -0907 in the amount of S i I x.79 7 to Ring Power CAT.
BID AWARD
ANNOUNCEMENT
10 -18 -0907 1
PURSUIT,
ADMINISTRATIVE NON PURSUIT,
UTILITY VEHICLES, TRUCKS VANS,
OTHER FLEET EQUIPMENT
Participating Sheriffs Offices Si ,Local Governmental
Agencies of the State of Florida
The
Florida Sheriffs Association,
Florida Association of Counties
Florida Fire Chiefs' Association
FA
1it ORIL)A
A3soct-u /O'4 CX
COON TIES
AU About YTorita
(2nordfnnted By
TABLE OF CONTENTS
Rfft:ciivc Dates far Ordering Instructions 16- 18
Overview of Awarded Specifications 18
Awarded Dealers. 60
Financing /Lease Programs 68
Basic information if for E'nrchasc Orders 69
Distwct Map 70
Emergency Vehic :e l.ighltog Sperifica i ions:
Premium LightbarPelekagr 71
rbledtum Liglr,I oar?ackag'• 73
Economic Ligh lhar Par:kage 74
Premium llumarked Palm] Package 76
Economic llnrrrarkcrl Pal rot Package 77
Admtnisrrtl ivc: Vrhirle Package 78
Dealer 1'rlctr. Shcel.s for Emergency Vehicle Lighting, Specifications:
Alan Jay Automotive Network 80
Alan .Jay Chevrolet Pontiac 1Jutck EMC. Cadillac. inc.
Alin .Jay Chrysler Dodge Jeep
Alan Jay Ford Lincoln Mercury. Inc
A;a rr ,Jay Nissan, Inc.
Alan lay Toyota. Scion
Rath uw Chevrolet 84
Bariu,w Ford Ccmpany '38
3rck Automotive Group 99
R::ck Auto Sales. Inc.
Rcck Nissan. Inc.
Champion Chevrolet. Inc. 'l6
Duval Ford 100
Garber Auto Mall 104
Garber is hevrcicl Rnirk GMC Tntck. inc.
Garber Chrysler 1 c p Dodge. Inc.
George Na1iai Chevrolet. Inc. 108
ilub City ford, Inc 112
Kenwarth of Central Florida 1 1 6
Kc:nwarth of Jacksonville 120
Krrrwnrth of South Florida 124
Marouue Chevrolet. LLC 12S
Monocle Dodge of Pembroke Pines....... 132
Nc:xl ran Truck Center Tampa 136
Pa1rn Petcrebilt C1vMC Tnic1s, inc. 140
Rrah Truck Center Winter Garden 144
Schuwackcr Automotive 148
Stingray Chevrolet 152
'Patera'., lick Cecile. 166
University Sales er Serra 160
Bid Award Announcement Reuised 110 -I8 -0907)
Specification #1 Full Size Vehicles RWD (Police Package'
Awaicied Dealer[•s) 164
Base Specifications 165
Ford Crown Victoria 167
Chevrolet l;alrrtce 173
Dodge Charger 178
Spccillcatiorl a2 Full Sim Vehlc:es F1r1L) (Police Package)
Awarded rlea!erls) 183
Base SpecifiOation.s 184
Chevio]rl Impala 186
Specification a3 Full Site Utility Vehicles RWD (Police Package)
Awarded Dealer(s) J 91
]3asc Specifications 192
Cllevrelei Tahoe 1500 194
Specifcatrou #4 Fall Size •]-Door Administialwc Vehicles
Awarded L)ealc(s) 198
Base Specifications 1!]9
Ford Crown Victoria 201
Frirrl Taurus 204-
Chevro]cl Impala 207
Dodge Charger 210
3peeifd:4linii #0 h]h] $ice 4 Dole iv f. Vehicles
Awarded Dealers 213
Base Specifications 1.14
Ford Fusion 21
Chevrolet klalihu 219
Dodge Avenger 222
Toyota Canny 225
Specification 06 Compact 4 Doer Administral.ivc Vehicles
Awarded Dealct 228
Ba'e Specifications 220
Ford FOCUS 231
Chevrolet Cntze 234
Dodge Caliber 237
Toyota Corolla.............. 240
Specification #7 llybrirl 4 -Door :Administrative Vehicles
Awarded Dealer(a) 243
Rase Specifications 744
Foril I'USiOI i 246
Toyota Caniry 2.18
Toyota Pr izes 250
Speci &'alion rib Small 2 Passenger'li:lecttic Vehicle
Awarc]ci] Deafer(s) 252
Base. icuilkations 253
Electra Bubble Buddy 255
Cilobal Electric ]Moto s 239
aid Award Announcement Revised f1) -164-09073 3
Specification r9 -Three Whe:clrxl Personal Transporter, Electric
Awarded Dealer(s) 762
I 1:cxe. Specifications 263
T3 Personal Mobility. VehIel• 265
Specification *10 Off -Road Utility Vehlrac: 4 Wheel Drive
.Awarded Dealer(s) 967
IJase Spociflcauons 268
Hula :at 3400 270
Case 1H Scout X.I. 273
John Deere Gatos IIPX 276
Ka-.wasakt 4010 279
Kubota Diesel RTV900 282
New Holland Rustler 12 286
Specification if 1 1 Police Motorcycle
Awarded Dea P rrs) 200
Llase Specifications
Harley Davidson Road Kitig 294
Harley Davidson EIectra Glide• 2!36
Specification *12 Hybrid 4 -Door Utility Vehicles 4x2
Awasdcd Dcaler(sJ 29S
Ras.- Specitira 1 ions 290
Feral Escape 301
ChevroL:r. Tahoe 304
01‘1C Yukon '307
Specification t13 Hybrid 4 -Door Utility Vehicles 1x4 or AZ4'il
Awarded Dealer(S) 310
Flame Speciffc:atiruts '311
Ford Escape.... 313
Chevrolet Tahoe 316
I'.MC: Yukon S19
Toyota Highlander 322
Sped nation 14- Small size-. 4 -Door- Utility Vehicles 4x2
Awarded thaaler(9) :32S
Base Specifications 326
Ford I_scso 328
Cheno.lel Equinox 332
•t3MC Terrain 936
.1mi) Liberty 340
1)ddge Nitro 3.1 +1.
Specification #15 .Sura ll airc 4 -Door t; tllily ti bicles 4x4 or A\VD
Awarded Dealer(s) 348
Base Specifications '349
Ford Escape 351
Chevrolet Ecp,tinox 355
[PVC Terrain 399
Jeep Lilx :r fy 363
Dodge Nitro, 367
Sid Award Ann0uncement Refused (10.18 -0307]
Specification #16 Mid Size 4 -Door 1ltility Vctriclee 4x2
Awarded Dealer(s) 371
Base Sprelficatione. 373
Ford Explorer 373
Chevrolet Traverse 370
GMC: Acadia 383
Jeep Grand Cherokee Laredo 387
Nissan Xienra 391
Nissan Pathfinder 395
Toyota llighlander 199
Specilcatinn x17 Mid Size 1 -Door Utility Velsclea -1x1 or AWD
Awarded Dealerf -s) 403
Base Specifications 405
Ford Explorer.. 407
Chevrolet Traverse. 411
GMC Acadia 415
J eep Grand Cherokee Laredo 419
Nissan Xi r:rra 423
Nissan Faih ender 427
Toyota Highlander •131
Specific:ai Ion #16 Fnll Size 4 Ducar Iltility VcaiicIr s 4x2
Awarded DtaJerfs) 435
Base Specifications 436
Force Expedition 438
Chevrolet Tahoe 1500 442
0b1C Yukon 446
Specification 419 Full Size 4 -Door Di ilitp Vehices 4x4
Awarded Deal' r(s) 451
Base Specifications 452
Ford Expedition 454
Chevrolet Tahoe 1500 459
GMC Yukon 462
Spedfiratton #20 1/2 Toxi 4 Door Rxtended Wheelbase 6 Passenger Utility Vehicles 4x2
Awardecl Dealer(s) 467
Base Specifications 4168
Ford Expedition EI. 470
Chevrolet Suburban 1 S00 475
Specification 421 1/2 Ten 4 -Dour Extended Wteelbase 6 Passenger Utility Vehicles 4x4
Awanted Dealers) 479
Rase Specifications 480
Ford Expedition EL 482
Chevrolet Suburban 1500 18?
Specification 422 314 inn 4 -Door Ex nTulal wheelbase. 6 Yassen{ges Iii.ility Vehicles 4Z2
Awarded Dialer(sI 491
Base Specifications 492
Chevrolet Suburban 2500 191
CMC Yukon XL 2500 499
Bid Award Announcement Revised (1 -15 -09071 5
Specification *23 -3/4 Ton 4 -Door Extended Wheelleasc 6 Passenger UU!lly Vehicles 4x4
Awarded Dealer(s) 504
Base Specifications 505
Chevrolet Suburban 2500 5(17
GMC. Yukon M. 2500 513
Spc t :ifcatieu #24 7 Passenger Mini Van FWD
Awarded Dealer(s) 518
Ra:!c. Specifications 519
Dodge Grand Carzwan 521
Nissan guest 524
Toyota Sienna 527
Spec•ificalion ar25 Cargo Mini Van FWD
Awarded Dealers) 531
Base. Specifications 532
Forrl Transit Connect 534
Dodge Grand Caravan C/V 53
Specification 826 8 Passc:ugcr Van RWL)
Amardcd Dealer(s) 540
Base Specifications 541
Ford IJ -150 Club Wagon 543
Chevrolet Express 1500... 647
CIVIC Savona 1500.. 551
Specification #27 12 Passenger Van
Awarded Dcalrr(.$) 555
Base Specfications 556
Ftard F. Club Wagon 556
Chevrolet Express 2300 563
CIVIC Savan 2500 569
Specification #23 15 Passenger Van
Awarded Dealer(s) 575
Eraser- Specifications. 576
Ford E-350 (:Sub Wagon Extended 578
Chevrolet E7cirrc:ss 3500 582
GVIC Savana 3500 58?
Specification 4429 Utility Cargo Van
Awardc :cl Dealer(s) 593
Base Specifications 504
Ford 6.250 Cargo Van 596
Chevru]cl E:cpresS Cargo Van 602
GMC Savana Cargo Vint 609
Freighlliucc Sprinter 616
Specification 1 14,500 lb. GVWR Van (Dual Rear Wheel) 4x2
Awarded Dealer(s)........ 621
Base Specifications 622
Ford E -5550 624
Bid Award Announcement Revised (10 -18 -03071
Specification 030 -14,500 ]h. GV\VR Walk in Van Illus.] Rear Wheel) 4x2 (cnnlinateat)
Freightliner )41 628
Workhorse W2 632
Specification Ii31 Compact Pickup Truck 4x2
Awarded Deak i (s1 636
Base Specifications 63?
Ford Ranger 639
Chevriilc:l C-:oIorad❑ 643
GMC Canyon Fv17
Dodge Dakota Ckoh Cab 651
Toyota Tacoma 655
Speeifieallon *32 Cornpaet Pickup Trerk 4x4
Awarded Detier(s) 659
Base Specifications 660
Ford hanger Extra Cab 662
Chevrolet Colorado (366
0.110 Canyon 670
Dodge. Dakota CliiI. Cab 674
Toyota Tacoma 678
Specification 033 1/2 Ton Pickup Truck 4x2
Awarded Tlealerls) 662
Base Specifications 684
Ford F•150 686
Chevrolet 3ilverado 1300. 091
CIMC Sialtli 1500 697
Dodge Rath I500 702
Nissan Tilan,?i Ring Cat: 70$
I'vyota'15mdra 710
Specification it 34 1/2 Ton Pickup Truck 4x4
Awarded Dealesis) 715
Base Specifications 717
Ford Fr. 150 719
Cla:vrolet 5 ]verado 1500 724
GMC Sierra 1500 /30
Dodge.: Ram 1500 136
Niaaan Titan XE Ring Cab 74,0
Toy Tundra 744
Specifcal ion #35 .3/4 Toro Pickup Truck 1x2
Awarded Dealer(sl 749
[iaac Speoilieal 750
Ford T -250 SD 7519.
Chevrolet Silvcrado 2500 HD 758
CMG Sioi o a 2500 111) 764
Dodge Ram 2500 769
Specifiral ion 436 3; 4 Ton PHA up Truck 4x4
Awarded Dcaler(sl 773
Base Spcciftcationa 774
Farrl F-250 50 776
Award Announcement Revised (10-I8-05 7
I k i J
Specification ?136 3/4 Ton Pickup Truck 1x4 (continued)
Chevrolet Stiverado 2500 110 782
GMC Sierra 2500 Hi) 788
Dcxllr. Rani 2500 703
Specification 187 1 Ton Ple;cup Truck (Dual Rear Wheel) 4x2
Awarded Dealer(sJ 797
Bast: Specifications 798
Ford F 350 SD 30(1
Chevrolet Silverado 3300 HD 806
GMC Sierra 3500 HD 811
Dodge Ram 3500 816
Specification 1r38 1 Tcn richly Tnrrk (Dual Rear Wheel) 4x4
A :ardr:5 Dealer(s1- 820
Base Specifications 821
Ford it 350 SD 823
Chevrolet Silverado 3500 I ID 829
C >MC: Sierra 3500 r;D 834
Dodge Ram 3500 839
Specification #39 1 Ton Cab Chassis (Dual Rear Wheel) 4x2
Awarded Dealei(s) 844
Base Specifications 84
Ford F -350 1347
Clic wrnk :i
Silverado 3500 Hr) 853
OMC Sierra 35U0 :1U 859
Dodge Ram 3500 864
Freightliner Sprinter 868
Specltcation 010 1 Ton Cali tit Chassis (Dual R ::ar WIicx :l) 4x4
Awarded Dc:alerfs) 872
Base Specifications 873
Ford i -35O 875
Chevrolet Silverado 3500 110 880
C;MC Sierra 3500111D 886
Oodge Ram 3500 R91
Specification #41 Tilt Cab Chassis (Dual Rear Wheel) 4x2
Awarded Dealer(s) R96
Base Specifications x397
lsuzu SF i54 899
Specification #'12 15,000 lb. GVWR Cab Chassis ('Dual Rear Whecl) 4x2
Awarded Dealer(s) 903
Base Specifications 904
Far:i F -450 906
Dodge Ram 4500 913
Spirifitai ion *43 15,000 lb. GVWR Cab tl: Chassis (Dual Rear Wheel) 4x4
Awarded Dealer(s) 918
Base Specifis:uiotis 919
Ford I-450 321
DodgeRarn 4500 928
Bid Award Announcement Revived fro-18-0907)
Speen:calion 444 1 ib. GZtW1t Cab Ft Ghasass, (Dual Rear Wheel) 4x2
Awarded Dealcr(sJ 933
tease Specifications 934
Ford F -550 936
Dodge Ram 5500 944
Freightliner M2 949
Henworlh 7170 954
Spceification 445 17,501 lb. GVWR Cab Chassis {Joel Rear W9ieeil 4x4
Awarded Dealer(s) 960
Base Specifications... 961
Ford F -550 963
Dodge Rani 5500 971
Freightliner X12 976
Specification '146 25,5001b. CVWli Cab di Chassis (Duaf Rear Whecll 4x2
Awarded Dealers) 98 l
13asr. Speci(iealions 982
Ford F -6150 984
Freightliner M2 991
Internatioral Durastar 997
Hepworth'1270.... 1004
L etee hilt 330 1013
Slvecifi^_al.ion 447 30,000 lb. GVW7B C:ab Chassis (Dim] Rear Wheel) 4v9
Awarded Dealer(s)., 1020
tease Specifications .1021
Ford F.750 1023
FreighttdirrM2 0.3
Internal tonal Durastar 1038
Hepworth 10.16
Perc:rbilt 337 L057
Srecificalinn 448 52,0001h. GVWJt Cab Chassis 4x6 Tandem Axle Tractor iOpl
Awai cicri ilealcu(s) 1005
Fame Specifications 1067
Frcigh diner M2 -112. 1069
International Workstar 1073
Kenworth TSt10 1078
Mack C or (3 Series 1054
Pci.erhllt 357 1091
Volvo V Series 1097
Western Slar 1900 1101
Specification 049 52,000 lb, CVW11 Cab Chassis 4x6 Tandem Axle'i'rucit
Awarded Dealer(s) 1106
Base Specifications 1 107
Freightliner M2 -112 1109
International Workstar 1 114
Hepworth T800 1119
Meek C nr G Set-1 m 1127
Pcterbilt 367 1135
VuIvo V Series 1142
Western Star 4900 1 147
Bird Award Announcement Revised (I0 -18 -0907) 9
(JI
Specification $50 60.000 Ih. GVWR Cab Chassis 4X(2 Tarul;:ra Axle Rause Truck 'Only)
Awarded Dealerisl 1152
Base Sped ftcalions 1 153
American tMFrance Condor 1135
Autoear ACX64 1159
Crar,c: Carric:r LEF,T2 1165
_Mack MR Series 1170
Peterbill 320 1177
Specification 1151 15 h. Flex Wing Rotary Mower 1"lY) Driven
Awarded D:::sleds) 1183
!lase Spec:i rival loom 1184
Alamo F:sgJr 15 1186
Bush Hog 37 l5 1189
LandprEcln RH1wing 1192
Rhino FR 18O 1195
Schuler: Fxx -1 i3O 1198
Woo& LI W 18OHD 1201
Spnciliication 1t52 Zero 'Darn Radius Commercial Grade MOVICi
Awarded Dealer(s) 1204
Base Specifications 1205
Bad Boy Pup 6000 1207
Beal: Hog C223fi1 1210
,loh :l Deere 2920.. 1213
Kubota ZG327P 60 1216
Nc:w Holland C50301 1210
Tarn 74925 1222
Spectre:Mon 4 12.5 Deck, Lacy a Diesel Zero Turn Radius Commenta Grade Mower
Awarelrxl DeaIer(s) 1225
Lime Specifimtions 1226
Mcw i Max80 -12.5 Zl'!t 1278
S1xx:ilicaticn 55.1 Small Agriculture Type Traclar 14 Vflicc Drive)
Awarded Deater(s) 1231
Base Specifications 1232
Bobcat (21140 1234
Case I 1' arTnxIl 1237
John 13cc :rc: 4105 1210
Ku bow 1.3400 1243
Massey Ferguson 1613 1247
New Holland Bocn :er 35 1750
Specification *55 Agriculture Tvpe T ractor (1 Wheel Drive)
Awarded Ocaler(s) 1753
Rase Slx:r•ifieations 1254
Case IH Farinall 95U 1756
Challenger MT44513....... 1759
,Inlet Deere 3095M 1763
Kubota M8540 1267
Massey Ferguson 26701-ID 1271
New I(olland'11)5050 1275
Bid Award Aanourtccrnent Revised (X -7S -09071
Specifcation #56 Agriculture Type Tractor mitt Boom Mower t4 Wheel Drive)
Awarded DealerlS) 1280
l3ase: Specifications. 1282
Case IH Marcum 115 with Motrint Bra±m Mower 1284
Challenger MT465 with Diamond Bourn Mower 1287
John Deere 6430 witli Alamo Veit Roam Mower 1291
John Deere 6430 with Tiger TR1350C Room Mower 1295
1Sutota M108 with Terrain King 13oorri Mower 1298
Masaey Ferguson 5460 with Diamond 13oom Mower 1301
New Holland T6020 with Alamo Versa Doom Mower 1305
Specification 057 Hydraulic. Mini Exeavalor
Awarded Denials 1309
Fuse Specifications 1311
Bel'e :at 323 1313
Case L:X31T 1 1316
Caterpillar 302.5C .1319
Hilaehi T\'27U2 1322
JCF3 80307. 1325
:Frain Deere 27I) 1328
Kobelco 35SR.... 1331
Komatsu PC27MH -3 1334
Itttbota EX 71 -3 1337
New Holland E30 341
Takecrhi T13228 1344
Volvo EC27 1347
Yanrnar V1035-5 13b0
Specification #58 Hydraulic Excavator, Wheeled Type 42.000 tb. Operating, \Wight
Awarded Dealer[s) ]353
Base Stie-cif c:41ions 1354
Cal erpillar M316T1 1356
Hyundai 122101.9 1359
,lohn Deere 1901)1 1362
Volvo F'l'1800 1365
Specificallon #59 Hydraulic Excavator- 54.000lb. Operating Weight
Awarded Deaieris) 1368
Base Specifications 1370
Case CX240 1372
Caterpillar 324 1375
1lytoida: R2501.f: -9 1378
JC.13 JS291) 1381
John Deere 240D 1384
Kobelco SH2601.0 138'7
Komatsu PC270LC -8 1387
Link Bel 240X2 1343
Volvo EC :240 1296
Specification 460 All 'Terrain Walking Exca va COT
Awarded Dealer(s) 1399
Base Specifications 1400
Kaiser 52 1402
Menzi Muck A81 1405
Bid Award Announcement Revised (10-18-0907) 11
Z
Specification *61 Vacuum Excavator. Trailer Mounted 14,00011x- GVWR
Awarded Deak:res) 14108
Base Specifeal ions 1.09
Pipe Hunter 1111
Vactron 1:P 855DT 1414
X -VAC X800 1417
Speefilc aeon 062 I'etesccpie Excavator, Track Type 45,000 Ib. Operating Weight
Awarded Dealer(s) 1420
Base Specifications 1421
Cradall :200 III 1423
Specification 063 Telescopie E Ncavelar. Wheeled 6x6 47,000 lb. Operating Weight
Awardecl Dealer(s).. 1426
Base Specifications. 1427
(=racial! XL 4100 111 ]430
Specification 064 30,000 lb. Compaction Vibratory Holier
Awarded Thalia (s) 1.33
Base Sped flea Iie+res 1435
Bomag HIV177D 1437
Case SV208 14-10
Caterpillar CS423E 1443
Hamm 3110 1446
JCS VM75D 1448
Sakai SV50S I 14.31
Volvo SD -70D 1453
Specification 065 60,000 lb. Landfill Corrip;ic;lcn-
Awarded Dealer(a) 1456
Base Specific:at' a 1 457
Al Jon Advantage 500 1459
Batnag BC772R13 -2 1462
Caterpillar 826 1465
Specification 066 4x4 Loader Backhne .rr:.L• Canopy. (Standard Stick)
Awarded Dcale, (s) 1468
Base Specifleal.:ons ]469
Case 580N 1471
Caterpillar 416li..... 1174
JCR 3C -14 1478
John Deere 310J 1482
New Holland B90 1486
Volvo 8L60 1.189
Specification 967 SkisI Steer Loader 18501h. Operating Capacily (Tracks or Tires)
Awarded Dealerlsl 1493
S:exc Specifications ....1495
Bobcat 5185 1497
Case 420 1500
Caterpillar 2.32 1.503
JCB 180 1507
John Deere 318D L7 1511
Kubota SV5 1515
Sid Award Announcement Revised (104 8.0907)
Specification 067 Skid Steer Leader 1'35011+. L>per a[in„ Capacity (Tracks or Tires)
(continued)
New !Jolla nd L175 15 i9
Takeuchi Tf.240 1522
Specification *68- 3.0 Cu. Yd. Wheel Leader [Z Bar Linkage Bucket Parallel Arm Option)
Awarded Dealeris) 1525
Rase Specifications 1527
Case 621E
1529
Caterpillar 92S 1513
Elyurr]af 1- 11.740 9 1537
JC:B 4267.13 1541
John Dec. a 544K 1544
Kawasaki 707N -2 1548
Kumat:rn Wk320 -A 1552
Volvo, T.701 1535
Specification 069 13rasli Chipper Trailer Mounted
Awarded Dcaler(s) 1559
Base Specitf c:a 1 ions 1560
MorirarIc M16R 1562
Vermeer LlC1500 1565
Woodsnia.n 750 1568
Sperlflratinn 0713 M:di n rnrlrr
Awarded DealerGK) 1571
Base Specifications 1572
Case +845 1574
Caterp 120M 1577
John Deere 6700 1551
Volvo 6930 1585
Specif ration 071 70 HP Track Type Canopy •tractor
[Sbindai:d Track Wide Track Optional)
Awarilc:c] Deslcr(s1 1589
Base Specifications 1510
Case 6501 1592
Caterpillar 11311 t 5 15
fotui Deere 4563 1599
Komatsu D:i 11! -22 1602
New Holland D75 1605
Specification *72 90 HP Tracli Type Canopy Tractor
(Sea udard Track Wide Track Optic enatj
Awarded Deal er(s) 1608
Base .Specif c:IIions 1609
Case 8501 1611
Caterpillar Tl51( 1614-
John Dore 650J YLT 1618
Komatsu T)S91LX -22 1821
Now Elo]larcd L)95 7624
Kid Award Announcement Reused (1 0-38-0907)
t- 7
13
Specificalioo #73 Cushion Tire Lift Track 4,000 lb. Capacity
Awarded Dealer(s) 1627
Base Specifications 1628
Caterpillar 2CC4000 1630
Doosan CC20E -5 1633
Nissan CFS40 1636
Specification 474 Articulated Off Read Dump Truck 50,0001b. Payload Capacity
Awarded DL:aler(sl 1639
Base Specifications 1640
Case 32711 1642
Caterpillar 725 1645
John Deere 951-11) 1b4!
Terex TA27 151
Volvo A25 1654
Specification #75 7' x 16' Enclosed Cargo Trailer 7,000 ib. (NWT(
Awarded Dealer(s) 1657
Base Specifications 1658
All Pro 'Trailer 716TA 1660
Pace .51'? 16TA2 1662
Wells Cargo RF7162 1665
Speciication 1176 8 x 25 Deck Over ',Flatbed Trailer 1t6,000 :b. GVW12
Awarded Dealer(s) 1668
Base Specifications 1670
All Ito Trailer TA825s:1• 1672
Eager Rrayer D8-DOW 1674
Fe lir>gTrailers FT -16 1676
Inlr•.rslale 1GBST 1679
Tcxn; Trailer TX85258T 1682
T >wic.a,l C :6 1685
Trail King 1108 1688
Specification #77 48' Waste Trailer with Waia_ng Flan
Awarded Dealer's) 169 1
Base Specifications 1692
Mac Trailer TNSP48MF 1694
%%ran eo. W111Y1 %4s '697
Specification #78 14,000 Ib. CVWR Pull Bahiuri Dump 'Ira
ilt:r
Awarded Dealers) 1700
Base Spe.cilr•ations .1701
Felling FT I2DT -i11) 1703
Tawnraster T -I1012 1705
U Dump Heavy Daly 6814141iDDX1 1707
Specification #71) Self Propelled Hydrostatic Broom Coder Slung
Awarded Dealcags) 1709
Base Specifications 1710
Lirr>rr KR350 1712
Lee Ray Challenger 2, 1714
Superior 3rcom D1'80) 1716
Bid Award Announcement Revised (10-I8 -0907)
14
Specification k60 10 Cubic Yard Combination Sewer Cleansing /Vacuuming Machine
Awarded Dealec(n) 17 /Ft
base Specifications 1719
Aquatech B -10 1721
Vac -Con 11 Yard 3 724
Vsctor 2100 ,Series 1 727
Specification 381 Regenerative Air Street Sweeper
Awarded llealer(sl 1730
Base Specifications 1731
Johnston 1T1'655 1734
Elgin Crosswind .1 Plus 1738
Setnvarze A7000 1742
'1ymen 600 1747
Sppecifiemnton t!89. 12SItW Generator Package
Awarded Dealer(s) 1752
Base Specifications 1753
Baldor 3DLC 125 1755
Ca d.erpIDnr D125 1759
Ti a devriueis ti 125. 1763
Specifi :atiun #83 150KW Mollie Generator Package
Awarded Dealer(s) 1768
Base Specifications 1769
Baldor TSI 7ST 1772
Caterpillar lr1&O 1776
T1:ulrwi ids TP150 1779
Wackrr U180 1784
Speci tatiort #84 600 AMP Autusrmatie TransIt:r 3wi11.1t
Awarded De :alerN) 1788
base: Spec:Geationg .1759
TradcwlnC TT73U0 1791
Specification P85 6 Inch Mobile Pump Package
Awardc41 Dealcr[S) 1795
Base Specifications 1796
Tradewiuds TPIiQ64750 1798
Mears Motor i.rasirsg 1802
Bid Award Announcement Revised (2O- 1811907) 15
MEM
DATE: October 29, 2010
11Y ALL PROSPECTIVE PARTICIPANTS
FLORIDA SHERIFFS ASSOCIATION
P. O. BOX 12519 Tallainceet, F1.82:117 -2519
PHONE (850) 877 -2 :65 FAX (850) R78-8665
1,VF.R siii: uvww.flshrrifrs.nrg
FROM: Steve Casey Lynn Meek Peggy Coll
Executive Director Vehicle Bid Coordinator Vehicle Contract Manager
RE; SHERIFFS' OFFICES LOCAL GOVERNMENTAL AGENCIES
OF THE STATE OF FLORIDA COOPERATIVE BID FOR
PURSUIT, ADMINISTRATIVE NON- PURSUIT. UTILITY VEHICLES,
TRUCK VANS, OTHER FLEET EQUIPMENT
Bid No. 10-18 -0907
We Rte pleased lo announce Ihal the Florida Sheri ffs A..scx.ialinn, Florida A..Nnrielion of Counties
and Florida Dire Chiefs Association has successfully conducted ins seventeenth statewide cxrr411Fa it ivi:
bid for vehicles which includes police pursuit, administrative non pursuit. utility vehicles, trucks
4:tr't5, h'el :hoes. motergraders. agriculture type rr;trfnrs. Rlacl steer rnnder.s nnr1 regenerartve nlr Arreei
sweepers. This contract is effective beginning October 29, 2010 through September 30. 2011.
as long as vehicles are available through fleet.
BON will lx: extt:nd[:d and gust rxa rntcrd Lo a ny and all units of loco I govern: minis a r id political subdivisions
including. 1)111 not tto•ilcd 11), couroy, Io[al couoly board of public. in:dun:lion, municipalities and /or
police agencies, other local public CDT public safely agencies: nr anlhorilirs win bin I hr. Sralc. o: Florida.
Also. in accordance with the provisions of Chapter 28'7. F.S and SCA, Honda Adrninislnilivc Cock,
any state agency including the Division of Universities. Department of Children and Family Servirr:s.
Department of Health. Department of Juvenile Justice and Department of Corrections which elects
and is authorized to purchase from a source other than the State of Florida contract Is eligible to
purchase from this bid.
in addition to the eli,ble users referenced above and with the consent of the successful bidder(s),
purchases may be made under the terms and conditions of this contract by governmental entitles
located outside the State of Florida. Appropriate governmental entities' purchasing Taws. rules and
regulations shall apply to purchases made under this contract.
In order to ensure quality service for our user agencies. we are requesting each of you to
notify the Florida Sheriffs Association regarding any problems encountered in working with
the awarded dealers. Any issues, including but not limited Lu, receipt of confirmation of order.
delivery problems and communication problems, ehordd he reported to 1IR by e-mail at [meek.
flsheriffs.org. This information wilt be considered in future bid awards in order to ensure that
agencies are receiving the level of service required of dealers who wish to participate in this
program.
All interested parties who wish to purchase from this contract may do so by
following these simple procedures:
Bid Award Announcement Revised (1 O -i R -0907)
1
1 ORDERING INSTRUCTIONS
I. Coro act the awarded dealership (see pages 60 -S7) listed in the zone from which yam wish to
purchase and advise ttu•m of pair intcn:st to purchase from Bid No. 10 18 0907. They will assist
yuu 'Milt the p1 »cement of your order and answer any questions you may have regarding the
vehicles purchased through this program. You can only purchase from a dealer wbo is listed
as a winner of one of the lour zones for the vehicle you wish to purchase.
Agencies nrderingaFORD, GENE A1.MOTCr1LS, CH1tYSLER, or TOYCYIAproduct. please to advised
:hat you must use the appropriate FIN CODE /FAN CODE for the Florida Sheriffs Assocfation in
order to obtain the manufacturer's concessions. Also, you must use your 11N CODE /FAN CODE
as a secondary number. roe farther assistance call tint Fleet Customer Information Center for
your appropriate manufacturer.
Manufacturer
FORD
GENERAL MOTORS
CHRYSLER
TOYOTA
Type Code
FIN CODE
FAN CODE
'FAN CODE
FIN CODE
F$A Code
(E085
917872
49313
0E159
Meet Center Contact Numbers
1- '300 -34- FLEET (1 &10 -3d3 -5338)
1- R00- FLEET OP (I- 800.35:3 38671
1- 800 999 -FLEET (1- 7300 -9P3 -3533)
1- 800 -732 279rR
2. YOU MUST send a copy of the original purchase order tincluding FSA's Contract No. 10-LS-
'f1 ypi submitted to_thc participating doaier by matt or eJectronicaIar to:
Florida Sheriffs Association
P. O. Box 12519
Tattahassce. Florida 32317 -2519
ATC%: Lynn Meek, Cooperative Bid Coordinator
lmenlygMIshcr iffs.org
3. Jamie Information required onsJj„purchai:e oriers is listed on Page 69 of this Bid Award
Annuuncemcnl.. Purchase orders ladder, the required basic. information -is ed may result in the
delay of placement and /or nonlir rnarion of orders. The agency is responsible for obtaining a
"Confirmation of Order" from the respective dealership. Dealers are required to complete
a Confirmation of Order" and send it to the purchaser within fourteen (14) calendar
days after receipt of purchase order. Purchasers are encouraged to contact the dealer if a
"Confirmation of Order" has not been received within a reasonable time frame and request
its issuance.
NOTE: I'urchast•rs arc: rrmindec1 that thc: issurater. of a Purchase Order does not in itself guarantee
the place_nent of an order.
4. Agencies which elect to pr •rettase off Ihts contract will incur The to :lowing Administrative Fees:
Pursuit, Administrative Non Pursuit, Utility Vehicles, Trucks Vans (Specification 401
then Specification 440) healers have included the administrative fee of $75.00 per unit in
[sir bid prices and made if a part of !he base: unit's purchase price.
Trucks starting at with Tilt Cab and Chassis and all Heavy Equipment (Specification t41
then Specification f85) Dealers have included the one )calf percc :nl (.005) administrative fee
Bid Award Announcement Revised 00-16r-0907) 2 7
(s,'
in the lapse prier.. and as add clrlinns that are listed. The one -half percent (.0051 w11 also be
included In any addition] equipment (add options) which the dealers quote to the goverrunruta]
agencies.
5 In order to ensure quality service for on user agencies, we are requesting each of you to
notify the Florida Sheriffs Association regarding any problems encountered in working
with the awarded dealers. Any issues, including but not limited to receipt of confirmation
of order, delivery problems and communication problems. should be reported to us by
e mail at lmcck -Wflsheriffs.org. This information will be considered in future bid awards in
order to ensure that agencies are receiving the level of service required of dealers who wish
to participate in this program.
6. lldd /delete options might Include a superscript listed by the Order Code. The purpose of the
=pet is to identify which options sun elate to a specific deafer. Superscripts will be a number
between 1 and 4. and will correspond as fellows:
1 Wester zone dealer
2 Northern zone dealer
3 6- Central zOnc; c1c i1cr
4_ Snulhrrn zone dealer
If a dealer has been awarded more than one zone, they will only have one sruperscript number
assigned. and it will 1x: the lowest numerical number that applies t o their awarded zones. For
example, if a deafer is awarded the northern and southern .morn~, their add /delete options forbuil]
aruu•g will he represented by a "2' sonsrcerip
IMPORTANT NOTE! The man iiiiirturers have announced that they will he lororfuc:ing linked quantities
of pursuit vehicles this year and that orders would be processed on a first conic first serve basis while
quantities laid. To be on the safe side, we are advising all agencies to place their orders for
pursuit vehicles as soon as possible to ensure delivery of product.
The Florida SheriflsAvsocraiicni s, Flu. irla Association or Counties' and Florida Fin: a hbfs Association's
bid award for full site (pursuit and administrative], mid size (pursuit and administrative). utility
vehicles, Lriic ks and vans. and other fleet erpoipmcmi arc as follows (zones indicated with a
specification low bid for Did 10- 13- 09071:
Nettie of Dealership
FULL SIZE PURSUIT VEHICLES RWD (POLICE PACKAGE] (Specification #011
Duval ford
Duval ?erd
Duval ?cod
Bari ow Porrl Compa
OVERVIEW OF
AWARDED SPECIFICATIONS
Type of Vehicle
Bid Award Announcement Revised (10 18 0907)
Zone
Ford Crown 'Victoria [P713/720A) Iltrestrrn
Fund Crown Victoria (P7B /720A) Northern
Ford Crowrl Victoria (P713/720A) it Central
Fere Crown Victoria (Pin/720M Southern
Base Price
$20,889.00
$?0,7fi4.00
$20.87
$20.873.00
Subject: Assignment of Airport West Agenda No. _L I. 30
"Tie Downs" to Sebastian
Aero Services
for Submittal by:
n r, City Manager
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
Dale Submitted; February 16, 2011
For Agenda of February 23, 2011
Exhibits_ A. Tie -flown lee n B. Lease' C. FIRST AMENDMENT
1 EXPENDITURE AMOUNT BUDGE'T'ED: APPROPRIATIO
REQUIRED: REQUIRED:
1 -0- 1 -fl —0
SI111'IIMARY
Department Origin: Municipal p o
Airport Director: T. tiriffin
Finance Director: K. Killgorc
Adatin. Services: D. Krueger
City Clerk: S. Maio
City Attorney: R. A. Ginsburg
It is well documented that Council has been trying to do ill; part in assisting local
airport businesses when possible. Primary exarnpies are the io1'resti lease deferment
(January 2010). the Velocity realiginnent of leased property, including rent reductions,
(March 2010), the DeShea/7ylishler lease transferiassignment and expansion of 'use'
agreement (March 2010). All of these efforts were done to assist small business through
challenging economic times. In April 2010, Sehastian Aero Services (SAS), the only airport
FBO (fixed bast operation), was sold and its least assigned, with Council approval, to anew
owrtu Well prior to that sale, the previous owner and the City had been in negotiations
regarding lease reduction to assist that entity through the economic recession. It was agreed,
contingent an Council approval, to transfer the west airport 'tie- down' positions to SAS for a
period of tirnc and Co waive the tee paid to the City in lien of a rent reduction. That tentative
agreement w•as put 'on -hold' because of the sale/lease assignment of SAS. The `new' owner
of SAS has requested that the Airport/City proceed with the agreement. to transfer 'tie -down'
positions on the West side orate Airport.
There are 27 'tie -down' positions at issue. Currently, 11 are occupied. The Airport
has each occupant under a month-to-month lease (Exhibit A) and charges $20 per month. In
the aviation world. it is expected that the focal 1.110 is better suited to manage airport `tie
downs.' Therefore_ .staff agrees with the SAS proposal, although proffers that there. should be
J
a time limit on. any transfer so that the City may re- evaluate its position. Stalls proposal is
that that Airpon West tie-downs' he transferred to SAS for a three year period and that SAS
must provide proper hold harmless protections and hest management practices for aitpori
west 'tie downs.'
RECOMMENDED ACTH3N
Approve the FIRST AMENDMENT COI" the AVIATION LEASE. AGREEMENT
between the City and Sebastian Aero Services.
So requested this day of 20 to the conditions stated above.
OWNER
By:
Print name:
Gate 'Clicker' issued. Address:
YES NO
City /State /Zip:
Phone/Cell:
(hereinafter called "Owner requests permission to
tie -down one aircraft. It is hereby represented that said aircraft is titled to Owner,
with proper ownership insurance liability and 'hull' insurance coverage. It is also
understood that Owner, or any other person using said aircraft, will not engage in
any commercial operations while utilizing Sebastian Municipal Airport tie -down
services unless approved by the City Of Sebastian.
2. It is agreed that all activities by Owner shall be in compliance with all applicable
ordinances, statutes, health codes and other governmental regulations and
subject to the safety controls of the Sebastian Police Department, Fire Marshall
and Health Department. Ultimate oversight for aircraft operations by Owner shall
be under the purview of the FAA.
3. It is understood that tie -down services are allowed an a 'Month -to- Month' basis.
The cost to Owner for this service shall be Twenty ($20) U.S. Dollars /month
commencing on the first day of the following calendar month. Payments shall be
late after the fifth (5 of any month and a twenty (320) charge shall apply. At the
time that this Request is accepted, a prorated charge shall be paid for any pan of
the month Owner utilizes tie -dowr services until the beginning of the next
calendar month. Check payee shall be The City of Sebastian. Payments shall
be delivered /marled to airport administration.
4. Owner shall indemnify, defend and hold The City of Sebastian and the Sebastian
Municipal Airport, its agents and/or assigns, harmless from any and all claims
and liabilities arising in any way from tie -down services. aircraft operations, and
any /all other utilization of Sebastian Municipal Airport by Owner, agents, assigns,
or Owner guests.
5. If automatic gate 'clicker' is issued, atwenty ($20) deposit applies. N/A
REQUEST ACCEPTED this day of 20
and tie -down approved subject to the conditions set forth above:
By:
Joseph Griffin, Airport Director
CITY OF SEBASTIAN
REQUEST FOR AIRCRAFT TIE DOWN!
SEBASTIAN MUNICIPAL AIRPORT
A/C type:
N
AIRPORT LEASE
THiS LEASE, made and entered into this 28' day ay of April 2000, by and between the
CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of
Florida, (hereinaller referred to as the "T.andloni and Sebastian Acro Services, Inc.
(hereinafter referred to as the "Tenant The Landlord and the Tenant are sometimes
collectively relerrcxl to herein as the "parties This is a corrected copy.
WITNESSETI -I:
WI-LERF.AS, the Landlord is the nwzrt,•r of certain property located in the County
of Indian River County, .Florida; and
WHEREAS, certain property is being used for the operation of the Sebastian
Municipal Airport(hereinc:Lter referred to as the "Airport and
W7 IETLEA.S the certain property is also available fir use for those activities
consistent with or in support of aviation activity; and
\WHEREAS, the Tandlord 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 oi'
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 Ruth hereinafter; and
NOW, 11i1 =:RE FORT in consideration of the mutual covenants hereinafter
provided, the receipt and sulliciency of which are hereby acitnow•'.edged, the parties have
agreed as follows:
T. RI:G1'IA .S. The. above slated recitals arc hereby incorporated by reference in
this Lease Agreement.
2. LEASED PREMISES. SulliecL to the terms and conditions set. forth
!iereinatter, the landlord leases hereby o the Tenant and the Tenant rents hereby from the
Landlord that portion of the real, property of the Landlord which is describe4 more
particularly on Schedule "A" annexed hereto and made a part hereof by reference
(hereafter referred to as the "leased premises"), clung with improvements thercnpon
including a lire) farm. In the event that any portion of the Leased Premises is needed for
actual improvements to the Airport, any portion thereof rendered unusable to Tacna shall
he released from this lease and the rental payments adjusted accordingly.
3. 'TERM OF LEASE. The it.nri of this Lease shall be for a period of thirty (30)
years commencing June 17, 2000, and will end 011 the thirtieth (30th) anniversary of such
date.
4. RENT. The patties agree thafthe rent, payable by the Tenant, during the term
of this T .ease shall be as follows:
(a) For the leased premises the yearly rent shall be lbur thousand two hundred
twenty -one dollars (S4221).
The parties recognize that the purchasing power of the United States dollar is
evidencled by the United Slats T)epamncrlt ol'Labor Bureau oll.a hor Statistics, index of
Consumer Prices. In November of 2001, the i.andlord will compare the most recent price
index with the base price index for November 1999, and the yearly rent amount shall be
increased based upon changes in the price index, if appropriate, on December 17, 2001.
Another such adjustment shall be undcrjacexl for December 17, 200r1, and every year
thereafter until the twentieth anniversary date of the lease.
No later than January, 15, 202C, Landlord shall commission a certified real estate
appraiser to place a valuation on the f.eased Premises, including all impmventents
thereupon except those constructed h_y Tenant during the terns of this lease, and establish a
rental value for the same. Within sixty days alter delivery to Tenant of the appraisal,
Tenant may either accept the rent therein or give notice of its intent to terminate the lease.
Either the rent adjustrnent or the termination shall use. effect. on June 17, 2010.1f the
rent is adjusted accordingly, on Rine 17th of each remaining year under the Lease there
shall be annual adjustments to reflect changes in the consumer price index in the wanner
set forth above.
In no event, however, shall the rent decrease below the sum of 54221.
(b) Time of the essence. ThcTenant 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 1 ayment due hereunder shall not he 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 chime shall be considered additional rant 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
Jandlord, 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 theterni. This option shall be exercised by an instrument
in writing signed by the Landlord, or its agents, and transrnitted to the
Tenant notifying him of the intention of the Landlord to declare all
iuunatured rent installrnents presently due and payable.
(2) Partial acceleration. In lien of the option in Sub paragraph (1) above,
the Latullotd may, in like .mater, declare as pres3arly due and payable the
unpaid rent installments lbr 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 old cause of action, nor shall it alter or alfect
the obligations of the Tenant to pay rent tinder the terms of this Lease for
the period unaffected by said notice.
(3) ()titer remedies. in addition to the option herein granted above, the
Landlord may exercise any and all other options available to it lxrcunder or
under law, which npti:ms may be exercised c ncnrrently or separately with
the exercise of The above options.
(d) Default in provisions. lf the Tenant shall default in the performance of:any
other terns of this Lease (except the payment ofrent), the Landlord, or its agent or
employee, shall send to the Tenant a written Donee nfdefault, specifying the nnnrre of
default, and the Tenant shall, within thirty (30) days after the date of said notice, cute and
remedy said default, whereupon this Lease shall continue as before. lithe Tenant shall Lail
to cure and remedy such default within said titnc, 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 1.a-idlord hereunder or under law, including. but not limited to,
l am-'
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.
(1) The above rental for the leased premises shall be payable in advance, in
quarterly installments, commencing from the date of commencement of. this Lease, as
described in Section 3 (above) and on a like day of every quarter thereafter during the
term of this Lease.
5. D1SPENSJNG F1.TT... As additional rent, Tenant shall pay to the Landlord
two cents ($0.0) for every gallon of aviation fuel sold by Tenant. Said payments shall
be made at the time of paving rent, shall be itemized and shall be accompanied by a copy
of the fuel consumption reports, or such other relevant doct by
Landlord, for the subject time period. Lard:ord shall have a right to audit Tenant's financial
records relating to fuel sales upon seventy -two hours written notice.
6. 1Iv1PROVLM ENTS TO 71i1: PRF.M1SlrS. I'hc Landlord acknowledges that
the Tenant is leasing Ihc.prcinises for the primary purposes of aircraft sales, repair and
maintenance, lhgJit training and sale o` heel, and that in order to utilize the leased premises
for this purpose, it will be necessary to use improvements previnu.sly constructed upon the
leased ptc.inises. Tenant acknowledges that these improvements are owned by Landlord.
(a) The Tenant shall have the right to use the leased premises for any lawful
purpose described in Section 7 hereof, and shall have the right to construct upon die
leased prenises any additional huildings or other structures, provided any such buildings
nr structures do not in any way curtail the use of the airport lacitiUes in their usual
operations and provided further that any such buildings or structures are approved, in
writing, by the Sebastian City Cc:uncil and the rAA prior to commencement of any
constriction_ The feuant covenants and agrees that all such eonalruetion .shall be in
accordance with the local and state codes, regulations and requirements as well as in
awordance with all requirements of the Federal Aviation Administration ("FAA").
(b) The Tenant shall indemnify, defend and hold the Landlord harmless from any
claims, losses, damages or liens arising out ofthe construction of any such buildings or
Structures.
(c) All buildings, structures and fixtures of every kind now or herealier erected or
placed on the leased premises shall, at the end of the teen 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. Jn order
to confirm sole ownership in she 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 lice 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 personally owned by the Tenant at the expiration or the term or earlier
termination of this Lease, for any reason, shall arntimae to he owned by Tenant and, at its
option, may remove all such personalty, provided the Tenant is not then in default of any
covenant or condition of this Lease, otherwise all such property shall remain on the leased
premises until the damages suffered by the Landlord from any such default have been
ascertained and compcnsated. Any damage to .the leased premises caused by the removal
by Tenant of any such personalty shall be repaired by Tenant. forthwith at i ls. expense.
1. 'USE OP 1.EASF.T) PltEM.ISI-CS. The Tenant agrees that no iise of the leased
premises will he conducted in such a manner as to constitute a nuisance or a ba.7ard and
that, in connection with the use of tte leased premises, the Tenant will observe and
comply with all applicable laws, ordinances, orders and regulations p'escrbcd by lawful
authorities having jtaisdiction over the leased premises. The Tenant agrees that the leased
'remises thrall be used by the Tenant papally for the ptuposes of aircraft sales, repair and
maintenance, flight training and sale of fuel, bur 1 essee shall also have the nonexclusive
right to provide charter and rental digits of aircraft, and true leasing of hangar space
and/or tie down service. Any use of the leased prcnises other than those specifically slated
above are expressly pmhibited. No other use may be conducted by the Tenant without ate
express written consent of the Landlord. Such conscur may be withheld by the Landlord
for any reason. Al] aeronautical businesses and activities must he earth and licensed by
the FAA in tha appropriate catceorics of their specific operation.
R. REPAIRS AND ALTERATIONS. The Landlord shall not be obligat,.d to
maintain or repair the leased premises or arty improvements located Ihcn un or any part
thereof during the lease teen or any renewal thereof.
The Tenant tigress, at its sole cast and expense, to maintain all of the
improvements, including, but not lirinited to, buildings (and all parts thereat) and the
parking and service areas located on the ]eased premises. in a good state of maintenance
and repair and co keep the leased premises in a clean, neat and orderly condition in.
accordance with local ordinances. including nul nun limited to, the Sebastian Land
Development Code and all ether community standards ordinances. it is an express
coalition of this lease that the leased premises be kept in an attractive manner at all tines.
Lipon obtaining the prior written consent of the Landlord, which consent may be
witli held for any reason, the Tenant, at its sole cost and c pence, may erect such additional
improvements on the leased premises as it deems appropriate and may make such
altc_ations or major renovations to the existing improvements as it deems appropriate,
provided, however, that such alterations or renovations shall not disturb the structural
hut., ity of such existing linpravements, 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, kisses, damages or liens arising out of nr in any -way connected with such additions
or renovations.
9. LTlLITIES. The Tenant shall be responsible for all costs of electricity, lights,
water, sewer, heat, janitor service or any other utility or service consumed in connection
with the leased premises. The landlord shall have no liability for the failure to procure, or
the intaxrupti on of, any such services or utilities.
10. SIONS. 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 oldie 1andlord, ate cleaned
necessary.
11. TAXES. The Tenant shall pay durin the Lease term all ad valorem taxes
assessments or any other governmental charge levied or assessed against the leased
prcnises (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 (cased premises. All shall be paid by lbc Tenant on a timely basis and receipts
therefore shall be provided to the Landlord upon request.
12. LIABILITY INSi-iRANCE.. The Tenant shall provide and keep in force., at its
uwa expense, during the terns of this Lease, comprehensive public liabilit insurance
coverage with respect to the leased premises, including those portions of the said prernises
used for driveways walkways, and parking areas. The .insurance coverage to be
maintained by the Tenant shall contain limits of not less than 5500.000.00 for injury nr
death of any one per sun and S1.000,000.00 for injury or death for any 011e accident,
together with $500,000.00 for damage to property. Tenant agrees that, should there be an
expansion of the use or occupancy beyond thee. primary use set forth herein, f .andlord may
alter the minimum amounts stated in the preceding sentence during the term of this Lease
by resolution of the City Council of the Cite of Sebastian. Landlord will give written
notice of any such change to Tenant, and such changes will lake effect immediately.
Any policy or policies of insurance required pursuant to this Lease shall be issied
.by one or more insurance companies authorized to engage hi business in the State of
Florida and which have a rating of at least AI by A.M. Best and Company and at least an
AA rating by bath Moody's and Standard and Poors. The..'[enant shall supply the
andlord With a certificate of such insurance with evidence of the payment of the premium.
Merton. All policies described in this Par gr ph 12 shall eontain a clause preventing
cancellation of any coverage before thirty (:30) days wrirlen notice to die Landlord and
shall name the Landlord as au additional insured. I Jpon the request of the Landlord, the
Tenant shall provide copies of said policies to the Landlord.
7 1 I
13. PROPFRTY, 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. T_Jpon request, the Tenant shall provide to the Landlord a certificate of such
insurance with evidence unite payment of t premium therefor. The 1.andlord shall have 110
obligation to keep the buildings and impmveincnts 011 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 insurancerequired pursuant to this Lease shall be issued by
one or more- insurance companies .authorized to engage in business in the State of Florida and
wh`.clt have a rating oral least A+ by A.h'1. Best and Company and at least an AA rating by both
Moody's and Standard and Poors. All policies described in this Paragraph 13 shall contain a clause
preventing cancellation of any coverage beibre thirty (30) days written notice to the Landlord
and shall name the T.andlord as an additional insured. Tlpon the request of the Landlord, the
shall provide copies of said policies to the 1.andlord.
In the event that the T'enant's use arid occupancy of the premises causes any increase in
the premium for any property casualty or lire insurance maintained by Landlord on the 1.eased
Pre:nises or any portion thereof, 'Tenant sham reimburse Landlord for the amount of sad increase
within thirty days of maim of the same.
I4. DAMAGE. OR DUS'1'RiK ION OF IMPROVEMENT S BY IMF. OR OTT-TER
CASUALTY. In the event the building and,'or other improvements erected on the premises are
destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause
said building and/or other improvements to be replauud or said damage to he repaircd as rapidly as
practicable. 'Lhc Laiullord may abate the Tenant's rant forihc period of time more than 80% of the.
prircipal building, if any, is unusable. in the. event the Tenant elects to repair and/or replace the
building and other improvements 011 the leased premises, the Landlord shall have no claims against
any insurance proceeds paid to the Tenant on account of such damage and/or destnicticn nor shall
the T.andlord have any responsibility or obligation to make any expenditures toward the repair
and/or replacement of the building and other improvements on leased premises. Provided,
B
however, that all repaired andior rep:aced building and other inTrovements are
repaired/replaced in a manner equal to or better than the building /improvement being
repaired or replaced.
(a) If the Tenant, under its option, elects not to repair nndior replace the building
and improvements upon the ]eased premises, the Landlord shall have two options:
(1)
To continue to Lease it ttne Landlord elects to continuo the Lease, the
Landlord shall be entitled to arty of the insurance proceeds on account of
such damage anther destruction, such proceeds to be the .sole property of
the Landlord; or
(2) To cancel the Lease; if the Landlord elects to cancel the Lease, the
Landlord shall be entitled to that portion of the insurance proceeds paid as
a result of such damage and'or destruction to the building and other
improvements on the leased premises, the Tenant shall be untitled to the
remainder, if any, ol: the insurance proceeds.
(h) In the event the Tenant, under its uption, elects nut to repair andior replace
the building and improvements upon the leased premises, the Tenant shall, at its sole
expense, remove. all remaining portions of the damaged or destroyed building and
improvements and all rubble or debris resulting lhercfrorn.
15.1f'1 }i:1vTNII'(C'ATJON. The '1'enart agrees hereby to defend, indemnify and save the
Landlord harndcss from any and all actions, demands, liabilities, claims, losses or litigation
arising oil or or co ntectcd with the Tenant's occupancy or use of the leased premises and the use a
the leased premises by tenant's agents, employees, and invitees, including all attorney's foes incurred
by the Landloni in defending any such claims. 'Ibis Paragraph 15 shall survive the termination or
cancellation of the Lease.
16.EN VTRONlvlENTAT. MATTERS. The Tenant hereby agrees to indemnify, defend and
hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities,
damages, and expenses (including, without limitation clean -up costs and reasonable attorney's feces)
rescuing directiy or indirectly from, out of or by reason of any hazardous or toxic materials,
substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on
the property and being caused by the Tenant or
its sub Tenants. The presence of said substance Or materials on the leased prernises shall raise the
presumption that "l''enanr.is the cause of such presence. Ibis Paragraph 16 shall survive the
termination or caunccllat€on of he Lease:
17. PREVENTION Or USE OF THE PREMISES- Ifs after the effective dare of this Tease,
the Tenant is precluded or prevented from using the leased premises for those prnnar; purposes
icicnttfred in Section Seven of this Tease, by reason of any •r�or ing law, ordinance or regulation of
any authority having jurisdiction over the leased pretriscs and such prohibition shall continue for a
period in excess of ninety rt1U j ccnise.cuivc days, the Landlord may allow the Tenant to tennina to
this Lease. The night to terminate this Lease must be granted by the T.andlord, iur wnrting,
before the Tenant shall be released from its obligations under the terms of this Lease.
l ti, L.ANIDT\G FEES. Landing or any other t of use of runway fees being charged by
Tenant arc specifically prohibited by this Agreement, so long as all other tenants of the propem•
owned by the Landlord located at the .Airpo+t are prohibited from cbsrging any such fees, as use
of the Airpoa is for the general publ&. Nothing in this Lease shall act to prohibit the Landlord
from charging such fees. as `_r deems neccssary, or desieou_.
19. GOVERNMENT S PTZURE. Jn the event the United Stains Gavenn ennt or any agency
or subdivision thereof; at any tir_ce during the teen of this Lease takes over the operation or use of the
airfield and!ot Airport which result; i the itmant being unable to operate under the teens of the
Lease,. then the Lease tray be extended a pop c ti utmral agreement of tl rc Tenant and the Landlord
for in acklitio nal period equal to the time the Tenant has been deprived of the value of this Lease.
Dine duration of the seizure exceeds ninety (9U) consecutive days, the Landlord, at the
Landlord's sole discretion, may terminate this Lease.
2OEEML \ENT DOMAIN. If all or any pan of the lased premises shall be taken under a
power of eminent domain, the compensation or proceeds awarded for the taking of the land,
building and /or improvements on the leased premises shall belong to the Landlord. If tae taking
is to such an extent that itis trnpracncahle for the tenant to
1U
Lease;
continue the operation of its business on the leased premises, the. Lease, at the option of the
Landlord, may be terminated.
Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages
sustained from the condemning authority by reason of the exercise of the power of eminent
domain.
21. DEFA[]T.T TBY I'BNANT. As used in this Lease, the Urn, "event of default'', shall mean
any of die following:
(a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by die
(b) The appointment ofa receiver or the entry of all order declaring the Tenant bankrupt or the
n_signment by the Tenant for the hem tit of creditors or the participation by the Tenant in any other
insolvency proceeding;
The Tenants failure to pay any consideration, to the Landlord, required by this Lease:
(:1) The taking of the leasehold interest. of the Tenant hereunder ptusuant to an execution on a
iudgmenl;
(e)
The Tenants abandonment of any substantial portion of the leased premises. "Ahantlomnent"
shall be determined by the Landlord;
The Tenant or any guarantor of Tenant's obligations hereunder, tiling a petition for bankruptcy
or being adjudged bankrupt, insolvent, under any applicable tederttt 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 assts of Tenant or any Tumult's obligations hereunder;
(g) The Tenant or nrty 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 pennit 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 oldie date it is
initially recorded in the Public Records of Indian River County.
Each party covenants and agrees thnr it has no power to incur any indebtedness giving a right
to a lien of any kind or character upon the right, title and interest of the other party in and to the
property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or
indirectly, derived through or under the other party, or its agents or servants, or on account of any act
of omission of said other party. All persons contracting with the Tenant or furnishing materials or
labor to said Tenant, or to its agents or Servants, as well as all persons whomsoever, shalt be bound by
this provision of this Lease. Should any such lien be li]t;d, the Tenant shall discharge the sane by
payment or by filing a bond, or otherwise, as permitted by law. The Tenant shill not be. doomed to be
the agent of the Landlord so as to confer upon a htburcr bestowing labor upon the leased premises, a
rnecbnnie'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 tarry on in good faith the type of business for which the leased
premises are leased;
(k) The]. errant shall be in dcfatdt of any other terns, provision or covenant of this
Lease, other than those specified in subparts a through 1 above.
t:pon the happening of any "event of default the Tandlord may, at its option,
terminate this Lease and expel the Tenant therefrom without prcj udice to any other
remedy; provided, however, that before the exercise of such option for failure to pay rent or
failure to perform any conditio i imposed herein upon the Tenant, the Landlord shall gist-
written notice of such event of delimit W the Tenant, which thereafter shall have thirty (30)
days, from the date notice is sent by the 1.andlo d, 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, limn the date notice is sent by the Landlord, within Which to remedy such default
by paying all rent due.
22. IDF.h'TTTY OF INTEREST. '11re exeeulion of this Tease or the performance
of any act aursuant to the provisions lief slsaf riot be domed or cnnstnsed to have the
1?
effect of creating between the Landlord and the Tenant the relationship of principal and
agent or of a partnership or of' a joint venture and the relationship between them shall be and remain
only that of landlord and tenant.
7.3. NOTICES Alt) R.I?PORTS. Any notice, report, statement, approval,
consent designation, demand or request to be given and any option or election to be exercised by a
pang 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: Sebastian Aeru Services, Inc.
300 West Airport Drive
Sebastian, CL 32453 Attn: R.
A. Van `Vyck
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 t e Tenant at an address to be famished to the l'enaret.
24. RICiH I' TO INSPECT. Tne I.atuilord may enter the. leased premises upon
reasonable notice:
(a) To inspect or protect the leased promises or any improvement to a property
location thereon;
(b) To determine whether the Tenant is complying with the applicable laws, orders
or regrilations of any lawful authority having jurisdiction over the leased premises or any
business conducted therein; or
(c) To exhibit the leased premises to any prospective purchaser or tenant during
the final sixty (611) days of the lease term, or at any time after either party has notified the
other that the Lease will he terminated for any reason.
No authorized entry by the Landlord shall constitute an eviction (lithe 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 1 enant hereunder.
3
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4`
25. OWNERSHIP OF TRADE FIXTURES, SIGNS AND J'ERSONAT.
PROPERTY. At the expiration of the Tease, any and all trade fixtures, signs and personal property, used
by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole
property and the 'Tenant shall have the right to rrxnove the same provided any damages in removal are
repaired by the Tenant at Tenant's sole cost.
In case of broach ofthis .ease by the Tenant, or the termination of the Lease, or any
extension hereunder, that may be granted, the Tenant agrees to imrnedkttely surrender possession of
said facilities, and all the building, edifices, etc. that are constructed by or on behalf of Tenant. The
facilities, buildings, edifices, etc_ shall then become the property of the Landlord.
25. T- EIGilT /iIALAltl) REST.R.CTIONS. The Tenant expressly agrees for
itself; its successors and assigns, to restr net the height of structures, objects of natta growth and
other obstructions on the leasedpremises to such a height so as to comply with all Feder&
Aviation Regulations, State laws and local ordinances, rules and regulations now existing -and
hereinafter promulgated.
'I he Tenant expressly agrees for itself, its successors and assigns, to prevent any
use ofthe 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 fbr the passage ofaircraft in the airspace above the surface
or 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 011 the Airport.
27. NONDISCRIMINATION. Die 1•enattt for itself, its personal representatives,
successors in interest and assigns, as part of the consideration hereof, does hereby covenant and
agree as a covenant. nlnning with the land that i) no person on the grounds of religion, gender,
marital status, race, color or national origin shall he excluded from
11
participation in, denied the benefits oi; or be ethct'wise subject to discrimination in the use of the
Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased
premises and the furnishing of services thereon, no Berson on the grounds ofreligion, gender,
marital status, race, color or national origin shall be excluded from paricipation 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 lido 49, Code of Federal
Regulations, Department of transportation, Subtitle A, Oliiee of the Secretary, .Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of Transportation
Effestuation of Title VI of the Civil Rights Act of 1964.
In the event of the breach of any of the above non- discrimination covenants, the Landlord
shall promptly notify the Tenant, in writing, of such breach and the 'tenant shall inunediatcly
coinmeneo curative action. Such action by the Tenant shall be diligently pursued to its conclusion,
and if the Tenant shall them fail to commence or diligently pursue actirnn to cure said broach, the
Lattd o d shall then have the right to terminate this i.ease and to re -enter and repossess said land
and improvements thereon.
23. ENTII( AGREEMRNI. This Lease contains all of the understandings by
and between the patties hereto relative to the leasing of the premises heroin described, and all prior
or ccsitcmporanccus actreen ents relative. thereto have been mePgcd herein or are L'uidxl by this
instrurrtcxtt, which may be amended, inodilied, altered. changed, revoked or rescinded in whole or in
part only by an instrutnenl in writing signets by each of the parties hereto.
29. ASSIGNMENT ANL) S EJBLEI1IrNG. The' Tenant. shall not assigntltis I:easc
or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest
hereunder without the prior wrirten consent. of the Landlord, which consent may be withheld Lot
any mason. Tf tare Landlord consents, in writing. Eo the assignment, subletting or other trartslitr of
any right or interest heretutdcr by the Tenant, .such approval shall he 1 imited to the particular
instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation
or lia'Sility wider the provisions of its Lease..
30. BINDING FFFF,[.'.T. 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 teens of any Addendum attached hereto are incorporated herein.
31. APPLICABLE LAW/VI NIJT. 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
enfbrced according to the laws of the State of Florida except to the extent provided by Federal law.
32. ATTORNEYS FEES. In any action raising out of the enforcement of this writing,
the ptvailing party shall he entitled to an award of reasonable attorneys fees and costs, bn :h at trial
and all appellate levels, based upon the prevailing rates of private attorneys in Indian River
County, Florida.
33. RF..CORDINO. In no went shall the 'Lease or a copy thereof be recorded in
the Public Records of Indian River County, Florida.
34. MISCELLANEOUS. The Landlord shall have the option, without waiving or
impairing any of its rights hereunder, to pay any sum or petforrn any act required of the Tcntwt, and
the amount of any such payment and the value of any such performance, together with interest
thereon, shall be secured by this '.ease, and shall be Promptly due and payable to the Landlord.
All delinquent payments to the Landlord shall bear interest at the rale of 1 S% 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.
To the event of the Tetrad's breach of any ofthc provisions of this Lease, the
Landlord shall thereupon have a lien upon all revenues, income, reruS, earnings and profits froni the
leased premises as additional security to the T.andlorcl for te'1'eaant's faithful performance of each
of the tens 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 properly, or any other person
claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this
'.ease by reason of the. Tenant's default, all such revcnu income, rents, earnings and profits
derived or accruing from the
16
Leased promises 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 mid shall not coin:tinne any asset of the Tenant or bray
truster. or receiver appointed for the Tenwit's property. The provisions of ibis paragraph
shall be etli:clive without the l.:uidloni's re -entry upon the leased premises or
repossession thereof, and without any it-dieiai determination that the Tenant's interest
under said lease has been terminated.
The Tenant acknowledges that the Landlord is required by law to operate under
an Airport Master Plan and the Tenant covenants that he will use the Leased premises
consistent with the Airport Master Plan.
The Tenant shall not allow its oeeupimcy or use of the lease premises to constitute
or become a public or private nuisance.
it< WiTNESS WHEREOF, the parties hereto have -set their hands and seals the day and
year tirst above written.
A'I'1'FST:
SallyA.M- o,M
Sebastian Acre Services, inc.
As approved as to Form and Legality for
Re1' 2e by the City of Sebastian only:
Golf_
Ruben A. Ginsburg, City .Att `ey
B
R.A. Van Wvek, President
CITY OF S ASTTAN
A M dici i Corporation
iT i cr, City Manasor
Corpouate Seat:
TN THE EVENT the United States Government at any time
during the term of this lease takes over the operation or use of
said airfield and /or airport with the result that the Lessee 1e
unable to operate under the terms of the lease, than the lease
shall be extended for an additional period equal to the time the
lessee has been deprived of the value of this lease.
IN TILE EVENT of eminent domain proceeding or any other
proceeding which results in loss to the Lessee of a substantial
portion of the premises leased by tho Lessee, tho Lessor and the
Lossoo agree that if this loss makes it impractical or unreason-
ably difficult for the Lessee to carry cut the purposes for which
the premises were leased, then this lease_ may at the option of the
Lesseebc :cancelled and the Lessee is relieved of any obligation
to pay rent on the portion lost by the Lcasee.In the event ota
dispute betweer. the Lessor and the lessee as to what constitutes
an impractical or unreasonably difficult condition for the Lessee
to carry out the purposes for which the premises were leased, the
dispute shall be submitted to a committee consisting eF tho Lcoaee,
a member Of the Airport Advisory Board and a third arbiter selected
by the Losseo and the Airport Advisory Board.
LESSEE will be subject to all standard lease clauses of
tho FAA and their rules and regulations now existing or to exist an
the future.
LESSEE FV@TIER COYhNANTS AAt AMAZES that the Lessor shall
have the privilege at all roasonable times to reenter the said
leased premises for the purpose of inspecting the property and
determining whether all terms, conditions and °ovecanLs and agree-
ments heroin areboing complied with by the Lessee.
Business 10 be conducted at such hours to be determined
by the Airport Advisory Board which would not be an unreasonable
request.
LESSRV. agrees to conform to ALL governmental pollution
standards, requirements and gnidotinos.
FIRST AMEN IME.NT OF AVIATION LEASE AGREEMENT
This Document Contains Two (2) Pages
THIS FIRST AMENDMENT of the AIRPORT AVIATION LEASE AGREEMENT
(hereinafter "Lease by and between the ("I Y OF SJ2HASTIAN (hereinafter Landlord") and
Sebastian Aero Services (hereinafter "Tenant dated 28 April 2000, and provides as follows:
W ITN ESSF I'N:
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 terns of the Lease to
Tenant; and,
WHEREAS, the Tenant wishes to modify. Section 2 of said 1.case; and,
WHEREAS, Landlord and Tenant are mutually agreeable to said modification;
NOW, THEREFORE, in consideration ol the mutual covenants hereinafter provided,
the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as
iullows:
1. Section 2 of the Lease is hereby amended by the addition of the following:
2. LEASED PREMISES
Landlord hereby transfers to Tenant control and management oI' aircraft "Tic-
Downs" located on the west portion of the airport. These tic -downs shall be
identified, and suitably tnarked, by mutual agreement, between Landlord and
Tenant. Tenant shall provide Landlord with tie down agreements between Tenant
and aircraft owners. Any agreement. shall provide hold harmless protections for
Landlord. This tie down transfer shall run for a period of three (3) years form the
date of this signing and shall be without remuneration between Tenant and
Landlord. Tenant understands that this provision shall become mull and void, in
part or in full. if Landlord requires return of tie -down area(s) for airport
project/expansion.
1
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 23rd day of
Pebruary 2011.
ATTMS 1:
Sally Maio, AMC
CITY Ole SEBASTIAN
A Municipal Corporation
Al Minner, City Manager
Approved as to Form and Legality l'or TENANI
Reliance by the City Of Sebastian only: Sebastian Acro Services
Robert A Ginsburg, City Attorney Tom Cooper, President
Subject: Pilots' Paradise USA Airport
Lease Agreement
Approved for Suhmiltal by:
Al lin r, City Manager
Exhibits: A. Airport Lease Agreement; B. Business Plata
EXPENDITURE
REQUIRED: -U-
MUNICIPAL AIRPORT
ACENDA TRANSMITTAL
City of Sebastian, Florida
Agenda Nu. 1 1.031
Hate Submitted: Febniary 16, 2(i11
SUMMARY
Department Origin: Municipal .A t
Airport Director: J. Griffin
Finance Director: K. Killgorc
Admin. Services: D. Krueger
City Clerk: S. Maio
City Attvrnuy: R. A. Ginsburg!
AMOUNT BUDGETED: APPROPR.LtTION
-U- RF.QI:IRED: -0-
For Agenda of: February 23, 2011
Mr. Oliver Fisher, the principal fbr a srna]I family -owned aviation business, has
requested rental space at the Airport Administration Building. His request is for two (2)
educes in order to conduct an aircraft rental, advanced flight training, and sightseeing
business.
Pilots' Paradise USA is a new, privately owned, family business. they bring with
th.ni a vast amount of aviation experience. Part of their business plan is to entice
previously certificated pilots. to the area for family vacations while completing some
advanced flight training. Advancedlinstnmienr flying at Sebastian is impossible since
Sebastian Airport runways are not equipped for instrument approaches. That would
mean aircraft would leave the Sebastian area to conduct their training. Mr..Fisherhas
indicated that he will hire one additional employee to assist his etTorts.
The airport lease presented for consideration is for a month -to -mouth tenancy for
furnished office space that totals 732.5 square itxt. l Itility usage would he on a flat -:ate
basis.
Approve Resolution R- 11 -04.
RECOMMENDATION
RESOLUTiON: R -11 -04
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZLNG THE CiTY MANAGER TO EXECVTUTE A LEASE
AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND PILOTS' PARADISE
LiSA; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE_ THIS
DOCUMENT CONTAINS TWO (2) PAGES.
WHEREAS, the City of Sebastian owns certain real property at the Sebastian
Municipal Airport; and
WHEREAS. the certain property is being used for the operation of the Sebastian
Municipal Airport (hereinafter referred to as the "Airport"); and
WHEREAS, the certain property is also available for use for those activities
consistent With, or in support of, aviation activity; and
WHEREAS, the Landlord has agreed to lease such properly° to the Tenant subject to
certain terms and conditions consistent with or in support of the current aviation use of such
property; and
WI I E REAS, the Tenant desires to lease the said properly from the CA ty /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, BE 11' RESOLVED BYTHE,COUNCIL OF THE CITY
OF SEBASTIAN, as follows:
AUTHORIZATION. The City Manager is hereby authorized to execute the lease
agreement between the City r+f Sebastian and Pilots' Paradise C: SA.
TIME. The City Manager is authorized to make adjustments as necessary relating to
the lease.
CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
EFFECTIVE DATE. This resolution shall take effect inancdiatelyupon its adoption.
The foregoing Resolution was :noted Iior adoption by Council member
The motion was seconded by Council member and, upon being put to
a vote, the vole was as follows:
day of February 2011.
ATTEST:
Sally A. Maio, MMC
City Clerk
Mayor Jim 11111
Council Member Richard II. Cilimor
('council Member Andrea B. Coy
Council Member Donald \''right
Council Member Eugene Wolff
The Mayor thereupon declared this Resolution duly passed and adopted this 23
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Jinn Hill
Approved as to form and legality for
reliance by the -City of Sebastian only:
Robert A. Ginsburg, City Attorney
AIRPORT LEASE
THIS LEASE, made and entered into this 24 day of February 2011 by and
between the ClfTY OF SEBASTIAN, a nninicipal corporation existing under the laws of
the State of Florida, (hereinafter referred to as the "L.andlord and Oliver S. Fisher,
Principal and President fur, Pilots' Paradise USA hereinafter referred to as "'tenant
The Landlord- and the Tenant are sometimes collectively referred to herein as the
"patties This document contains seventeen (17) pages, phis Schedule `_A."
WfTNESSF.TI I:
WHEREAS, the landlord is the owner cif certain property located in the County
of Indian River, Florida; and
WHEREAS, the certain property is being used for the operation of the Sebastian
Municipal Airport (hereinafter refered to as the ".Airport"); and
WHEREAS, the certain property is also available for use for those activities
consistent with or in support of aviation activity; and
WHEREAS, the Landlord has ngra:d to lease such property to the Tenant subject
to ccatain terms and conditions consistent with or in support of the current aviation use of
such ptopenty; and
WHEREAS, the Tenant desires to 1•:ase the said property from the Landlord, and
to that end and in consideration of the premises, and the covenants, terms and conditions
to he performer) as set forth hereinafter; and
NOW, THEREFORE, in consideration of the rnutual covenants hereinafter
provided, the receipt and sufficiency of which are hereby achnow•ledged, the parries have
agreed as fo]Iows:
RECITALS. The stated recitals are hereby incorporated by relia in
this Lease Agreement.
2. LEASED PREMISES. Subject to the terms and conditions set forth
hereinafter, and in accordance with the Principal (*riding i)ocuments Ibr 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
metre particularly on Schedule "A" affixed hereto and made a part hereof by reference
6;e1)
(hereafter referred to as the "leased premises A in the event that any portion of the
T.eased Premises A 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 leased premises A.
on February 25, 20 i 1. Il is understood that Tenant's start date for rent payments on the
leased premises is March 1, 2011. Tenant agrees to `bald harmless' the City 1)£ Sebastian
for any;ail claims, liability, and damages resulting from activities by 'Ecnant during move
in.
3. TERM OF LEASE This is a month -to- month tenancy. The Tenant shall
have the option to extend the lease fora period of one (1) year with agreement by the City
of Sebastian.
4. RENT. The parties agree that the rent, payable by the Tenant, during the
term of this T.ease shall be as follows:
(a) Monthly, in advance, at a rate of $254 per month.
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. If Tenant extends the lease beyond
December 2011, he. %they wit, be subject to CPI adjustments. In Jaimaiy,
2012, the Landlord will compare the most recent price index with the base
price index for 2011, and the yearly rent amount shall he increased based
upon changes in the price _ndcx, if appropriate, on February 1, 2012.
Another such adjustment shall he undertaken for February I, 2013, and
every year thereafter until the expiration of the lease.
(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
nacre and essence hereof. In the event that any rental payment due
hereunder shall not he paid within five days of when due,'1'enant 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.
2
(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) clays after
written clemaud by Landlotd, then the Landlord shall demand 'Lenard
vacate premises within two (2) days. In addition to the option herein
granted above, the I.andiord may exercise any and all other options
available to it hereunder or under law, which options may he exercised
concurrently or separately with the exercise of the above option.
(d) Default in provisions. if the Tenant shall default in the performance of
any other reivn of this Lease (except payment of rent), the Tandlord, 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)
clays after the date of said notice, cure and remedy said default, whereupon
this Lease shall continue as before. If the Tenant shall fail to cure and
remedy such default within said time, the Landlord shall have the right to
declare, by written notice. to the Tenant, that the Lease is in default, and to
use• all remedies available to the Landlord hereunder or under law,
including, but not limited to, those remedies, procedures and rights
specified in the other paragraphs of this Lease.
(e) In addition to the rental amount, the Tenant shall pay Florida sales tax„
if applicable.
(1) The ahove rental list the leased premises shall he payable in advance,
in monthly installments, comteneing on March 1, 2011.
(g) A flat -rate utility payment of
5. IMPROVEMENTS 10 THE PREMISES. Tenant acknowledges that any
improvements are owned by landlord,
(a) The Tenant Shall have fie right to use the leased premise; for any
lawful purpose described in Section 6 hereof, and shall have the right to
construct improvements upon the !cased 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
s
5100 /nto is flue when rent is duo.
approved, in writing, by the Sebastian City Council prior to
commencement of any construction. The Tenant covenants and agrees
that all such construction shall he in accordance with the local and nate
codes, regulations and requirements as well as in accordance with all
requirements of the Federd Aviation. Administration (F.A A) 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 tltc construction of
any such improvements.
(c) All impmvetnents and fixtures of every kind now or hcrcafler 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 propert of
the Landlord and shall be loll in good condition and repair, ordinary wear
and damage by the cicrncnts excepted. In order to confirm sole ownership
in the Tandlord, the Tenant shall, at Landlord's request, execute any and all
documents of transfer which Tsndlord deems necessary to perli:et 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 he
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 er functional damage to the realty, becomes a
part and parcel of it. Non- fixture personalty owned by the Tenant at the
expiration of the terns or earlier termination of this Lease, for any reason,
shall continue to he owned by Tenant and, at its option, may remove all
such personalty, provided the Tenant is not then in default of any covenant
or condition of this Lease. otherwise all such property shall remain on the
leased premises until the damages suffered by the Landlord from any such
del'ault have been ascertained and compensated. Any damage to the leased
4
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 Docm,wms ja' Sebastian Municipal' Airport. Tcnanl
agrees that the leased premises shall be used by the Tenant for the purpose of the
operation of sales, marketing, administration, and flying related to an aircraft
rental, advanced flight training, and sightseeing business. No other use ;nay be
conducted by the Tenant without the express written consent of the fandlord. Such
consent may he 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 iandlord 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 '.n a
clean, neat and orderly condition in accordance with local ordinances, including but not
limited to, the Sebastian Land Development Code and all other community standards
ordinances. It is an. express condition of this Lease that the leased premises are kwpt in an
attractive manner at all times. Upon obtaining the prior written consent of the J .andlurd,
which consent may be withheld for any reason, the Tenant, at its sole cost and expense,
may erect such additional ininmvernents on the leased premises as it deems appropriate
and may make such alterations or major renovations to the existing intpruventents e S it
denims appropriate, pro'idod, 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 goverzunental regulations. The.
Tenant shall indemnify, defend and hold the Dnathird harmless from any claims, losses,
damages or liens arising out of or in any way cone ctcd witb such additions or
renovations.
8. U'1'1L1I'lES. 'flu: Tenant shall be charged a flat. -rate utility charge of $100
per month- The Landlord shall have no liability for the failure to procure, or the
interruption nf, any such services or utilities.
9. SIGNS. The Tenant shall not have the right to erect and maintain
signagc.
10. TAXES. The Tenant shall pay during the Lease terns all ad valoretn taxes,
assessments or any other governmental charge levied or assessed against the leased
premises (including the Tetuant'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 Tandlord upon request.
11. LIABILITY INSURANCE. The Tenant shall provide and keep in fore;, at
its own expense, during the tent of this Lease, comprehensive public liability insurance
coverage with respect to the contents of the leased premises. The insurance coverage to
he maintained by the Tenant shalt contain limits of:
(a) insurance in the full replacement value of all Personal Property,
Equipment, and Trade Fixtures on the Leased Premises.
(b) Automobile Liability Insurance:
(1) Each service provider operating one or more motor vehicles on
the City's premises in the periormanee of their work shall
purchase and maintain Automobile Liability insurance with
policy limits of not less than 5300,000 C:'ombined Single Limit.
(2) Service Providers having unescorted access to the AOA at the
Sebastian Municipal Airport shall purchase and maintain
Automobile Liability bnsurance with policy limits of not less
than $1,000,000 Combined Single limit
(v) 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.
(d) Workers' Compensation Insurance: as rcyuirc d by Florida Statutes.
Tenant agrees that, should there be an expansion of the use or occupancy beyond the
primary use set lurch herein, T.andlvrd may alter the minimum amounts stated in the
preceding section 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 eltect 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
witificau: of such insurance with evidence of the payment of the premitun thereon. All
policies described in this Paragraph 12 shall contain a clause preventing cancellation of
any coverage before thirty (30) days written notice to the Landlord and shall name the
Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall
provide copies of said policies to the Landlord.
12. I'KOPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The
Tenant shall, at its sole cost and expense, procure and keep in cifect stu_li 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 1.andl0_d a
certificate of such insurance with evidence or' the payment of the premium thereluru. 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 premise_. 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 l'lorida. 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. Lpon 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 properly casually 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.
13. DAMAGE OR DESTRUCTION OF IMPROVEMENTS 13Y FIRE OR
OTIIER 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 ardior
other improvements to be replaced or said clamant: to be repaired as rapidly as practicable.
The Landlord may abate the Tenant's rent for the period of time lnore than 80% of the
principal building, if an is unusable. In the event the Tenant elects to repair andlor
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 shat: the
Landlord have any responsibility or obligation to make any expenditures toward the repair
ar_dior replacement of the building and other improvements on the leased premises.
(a) If the Tenant, under its onion, elects not to repair the leased premises.
the Landlord shall have two options:
(1) To continue to Lease; if the Landlord elects to continue the
Lease, the Landlord shall be entitled to any of the insurancx:
proceeds on acwwi: of such damage andlor destruction, such
proceeds to be the sole property of the Landlord; or
(2) To cancel the Lease; if the Landlord elects to cancel the Lease,
the landlord shall be entitled to that portion of the insurance
proceeds paid as a result of such damage and/or destruction to the
building and other improvements on the leased premises, the
Tenant shall be entitled to the remainder, if any, of the insurance
proceeds.
(b) In. the event the Tenant, under its option, elects not to repair and/or
replace the leased premises, the Tenant shall, at its sole. expense, remove
all remaining portions of the leased premises.
14. IND1Th'INIFICATION. The Tenant agrees hereby to defend, indcnuiily
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
8
invitees, including all attorney's lees incu red by the Landlord in defending any such
claims. This Paragraph shall survive the termination or cancellation of the Lease.
15. EN VIRONMENTAL MATTERS. The Tenant hereby agrees to
indemnify defend and hold the Landlord harmless from and against any and all claims,
lawsuits: losses, liabilities, damages, and expw ses (including, without limitation,
clean -up costs and reasonable attorney's Pees) resulting directly or indirectly from. out of
or by reason of any hazardous or toxic materials, substances, pollutants, contaminants,,
petroleum products, hydrocarbons or wastes being located on the property and being
caused by the Tenant, sub -Tenants, agents, assigns, Or users of leased prcinises or fuel
fain. 'The presence of said substance or materials on the leased premises, or fuck farm,
shall raise the presumption that Tenant is thc- cause of such presence. Section 16 shall
survive the termination, or cancellation, of the Lease.
16. I'REV'EN7lON OF [/SF. OF THE PRF.MISES. If, alter the e1Ti:ctive date
of this 1.easc, the Tenant is precluded or prevented from using the !cased premises for
those primary purposes identified in Section 7 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. LAND!NU FEES. Landing nr any other type of use of nrnway fees bring
changed by Tenant are specifically prohibited by this Agreement, so long as all other
truants of the property owned by the landlord located at the Airport are prohibhod 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 Covcrrunent,
or any agency or subdivision thereof, at any tune during the term of this Lease takes ever
the operation or use of the airfield andlor Airport which results in the Tenant being
unable to operate under the terns of the Lease. then the Lease may be extended upon
9
mutual agreement of the Tenant and the landlord for an additional period equal to the
rime 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 T.ease.
19. EMINENT DOMAIN. if all or any part of the leased premises shall be
taken under a power cif eminent domain, the compensation or proceeds awardccl 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
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 cxmdenning 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 oldie 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 envy 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 Tandlord, required
by this Lease;
(d) The taking of the leasehold interest of the Tenant hereunder pursuant to
an execution on a Zndgncnr;
(e) The Tenants abandonment of any substantial portion of the leased
premises. "Abandonment" shall be determined by the Landlord;
(f) The Tenant or any guarantor of tenant's obligations hereunder, filing a
petition for bankruptcy or being adjudged bankrupt, insolvent, under any
applicable federal or state hankniptcy or insolvency law, or admit that it
cannot meet its financial obligations as they become due, or a receiver or
10
(mice shall be appointed fof 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 erediters 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 wwhielt is not
released of record within thirty (34) days of the date it is initially recorded
in the Public Records of Indian River Gnunty- Bach party covenants.and
'agrees that it has no power to incur any indebtedness giving a right to a
lien of any kind or character upon the right, title and interest of the other
'party in and to the property covered by this Lease, and that no third person
shall ever be entitled to any lieu, directly or indirectly, derived through or
under the other party, or its agents or servants, or on account of any net of
omission of said other party. All persons contracting with the Tenant or
furnishing materials or labor to said Tenant, or to its agents Of servants, as
well as all persons whomsoever, shall he bound by this provision of this
Lease. Should any such lien he 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 lab:sr upon the leased premises, a mechanic's lien
upon the Landlords estate under the provisions of the Clorida 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) 'Me Tenant shall be in default of any other term, provision or covenant
of this Lease, other than those specified in subparts a through] above.
11
1. 3011 the happening of any "event of default the Landlord may, at its option, terminate
this Lease and expel the Tenant therefrom without preiudice 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 dclitult to the Tenant, which thereallar shall have ten (10) 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 cnnsrued
to have the effect of vrcatine between the Landlord and the Tenant the relationship of
principal and agent or of a partnership or of a joint venture and the relationship between
them shall he and remain only that of landlord and tenant.
22. NOTTCFS AND RFPORFS. 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 rnarle
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
Attu: City Manager
1225 Main Street
Sebastian, FL 32958
Tenant: Pilots' Paradise
8515 Defavilland Ct.
Vero Beach, H.32968
Attn: Oliver Fisher
provided, however, that either party may designate a different representative or address
firm time to time by giving to the other party notice in writing of the change. Rental
payments to the T.andiord shall be made by the Tenant at an address to be furriishexl It the
Tenant.
12
23. RIUI -IT TO INSPECT, fhe Landlord may enter the leased premises upon
reasonable notice:
(a) To inspect or protect the leased premises or any improvement to a
property location thereon;
(b) To determine whether the Tenant is complying with the applicable
laws, orders or regulations of any lawful authority having jurisdiction over
the leased premises or any business conducted therein; or
(c) To exhibit the leased premises to any prospective purchaser or tv :kart
during tic final thirty (30) Jays of the lease term, or at any time after either
party has notified the other that the Lease will be terminated for any
reason.
No authorized entry by the landlord shall constitute an eviction of the Tenant or a
deprivation of its rights or alter the obligation of the Landlord or create any right in the
Landlord adverse to the interest of the'fenant hereunder.
24. OWNERSHIP OF TRADE FIXTURES, SIGNS AND PERSONAT.
PROPERTY. At the expiration of the Lease, any and all trade fixtures, signs and
personal property, used by the Tenant in the opLTation of its business, on the leased
premises shall remain the Tenant's sole property and the Tenant shall have the right to
remove the same provided any damages in removal are repaired by the'1'cna.nt al Tenant's
sole cost in case of breach of this Lease by the Tenant, or the termination ol_ the Least,
a arty extension hereunder, that may he granted, the- Tenant amerces to immediately
surrender possession of said facilities, and all the buildings, edifices, etc. that are
constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then
become: the property (lithe Landlord.
25. l-1KIGIIT /HA7ARD RESTRICTIONS. 'flue Tenant expressly agrees for
itself, its successors and assigns, to restrict the height of structures, objects of natural
growth and other obstructions on the leased premises to such a .height so as to comply
with all Federal Aviation Regulations, State laws and local ordinances, rules and
regulations now existing and hereinafter promulgated. The Tenant expressly acres for
itself, its successors and assigns, to prevent any use of the leased premises which wwould
[3
interfere with or adversely affect the operation or maintenance of the Airport or otherwise
onstitute an airport hazard. The Tenant covenants and acknowledges that the use o: the
leased premises as proposed by the Tenant does not interfere with or adversely affee. the
operation or maintenance of the Airport or otherwise constitute an Airport hazard. The
i..r-ndlord reserves unto itself, its successors and assigns, fur the use and benefit of the
pcblic, a riehr of flight for the passage of arcran 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
un 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 stabs, race, color, nee, or national origin steal be
excluded from participation in, denied the benefits of, or be otherwise subject to
discrimination in the use of the Tenant's facilities; (ii) that in the construction of any
improvements on, over or under the leased premises and the furnishing of services
thereat, 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,
Pan 2!, Nondiscrimination in Federally Assisted Programs of the Departmcn- of
Transportation Effectuation of Title VI of the Civil Rights Act of 1964.
In the event of the breach of any oldie above non discrimination covenants. the
Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant Fhall
immediately [wnuuenec curative action. Such action by the Tumult 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 W terminate this
T.ease and to re -enter and repossess said land and improvements thereon.
;n
27. ENTIRE AGREEMENT. This Lease contains all of the understandings by
and between the parties hereto relative to .hu leasing of the promises herein descri5c4,
and all prier or contemporaneous agreemen:s relative thereto have been merged herein or
are voided by this instrument, Which may he amended, modified, altered, changed,
revoked or rescindoxl in whole or in part only by an instrument in writing signed by each
of the parties hereto:
28. ASSiGGNMEN" l AND ST?BISI1JNC. The 'Tenant shall not assign this
Lease or sublet the leased premises or any portion thereof, or otherwise transfer any light
or interest hereunder without the prior written consent of the T..andlord. if the Tandlord
consents, in writing, to the assignment, subletting ur 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 he relieved of any duty,
obligation or liability under the provisions of its Lease.
29. RTNDIXO EFFECT. The !cons and provisions of this [.ease 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. APPLIC.ABT.F TAW/VENUE. in the event of litigation .arising our of
this writing, venue shall be in Indian River County, Florida and the temrg 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.
31. ATTORNEYS FEES. In any action arising out of the enforcement of this
writing, the prevailing pasty shall be.entitleti 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. RECORDINCr. 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
t5
and the value of any such performance,
together with interest thereon, shall be secured by this 1.ease, and shall he promptly due
and payable to the Tandlord.
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 awl payable when killed.
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 ea:di:ors or assignees or any trustee or receiver
appointed for the Tema/it's property, or any ether person claiming under the Tenant. Upon
the Landlord's termination of the Tenants rights under this Lease by reason of the
'l'utant's default, all such revenues, income, rents, earnings and profits deriver or
accruing kmm the leased premises from the date of such termination by the Landlord shall
cotstitute the property of the Landlord, and the sante is hereby declared to be a must fund
kit the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant
or any truster: or receiver appointed for the Tenant's property. The provisions of this
paragraph shall be effective without the T.aidiord's re- entr upon the leased premises or
vpossession thereof, and without any judicial determination dug. Ihc "['grant's interest
under said lease has bet:n tertninatcd.
The cram acknowledges that the T.andlord is required by law to operate under an
Airport Master Plan and the Tenant covenants that he will use the leased premises
consistent with the Airport Master Plan.
The Tenant shall not allow its occupancy or use of the lease premises to constitute
or become a public or private nuisance.
IN WJTCESS WHEREOF, the parties hereto have set their hands arid seals the
day and year first above written.
:fi
AT'T ES r:
Sally Main, City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
Pilots' Paradise:
By:
Oliver S. Fisher
I7
CITY OF SEBASTIAN
A Municipal Corporation
By:
Al Minner, City Manager
'35)
Lcascd premises shall include two (2) office spaces in the current airport
administration 'wing' at the Sebastian Municipal Airport Administration
Building, currently known as the Airport Headquarters wing "APHQ The
combined space is approximately 232.5 square feet, more Or less.
2
Schedule "A"
Leasc Agreement between the City Of Sebastian and
Pilots' Paradise
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. i ?tilily charges shall be $100 per month.
4. Common Area Maintenance (C:AM) 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 use of the conference room with appropriate notice to the
Landlord.
Information, data and drawings embodied in this business plan are strictly confidential and
are supplied on the understanding that they writ be held confidentially and not disclosed to
third parties without the prior consent of Mr. Oliver S. Fisher.
Pilots' Paradise and Flying Elite
Outline Business Plan
For the attention or Mr. Joe Griffin, Sebastian Airport
January 2011
Prepared by; Mr. Oliver S. Fisher, President.
Confidentiality Statement
The Vision
Pilots' Paradise
We will provide an unforgettable, luxury, flying vatalinn to pilots and their families and
friends with exclusive use of a range of high quality and exotic aircraft to adventure around
Florida and the USA.
nyinjs Etite
In conjunction with the above; we will establish a reputation of providing the very highest
quality flight training on a very personal level' which wilt become synonymous with quality
and professionalism.
The People
Tire business will he jointly owned and operated by a strong father and son team supported
by highly experienced and skilled family members who will share the responsibilities of
directing the companies' management and growth.
Oliver Fisher, whose vision is responsible for the birth of hash companies, is a pilot in the
Royal Air Farce and on his first tour flew the truckers VC10. refuelling fast jets in NATO
operational theatres. He is now a flying instructor and enjoys practicing aerobatics. Other
types include the King Air 8200.
Stephen Fisher, Oliver's rather, will use his 35 years as a pilot and more than 25 years in
flight training to assist in the companies' growth and development. As a highly qualified
pilot and instructor for both CAA (UK) and FAA, including examiner authorisations, the
companies will have at their disposal a tremendous resource whose focus will be on quality
aurl professionalism every step of the way.
Antonia Fisher, Stephen's wife, is not only a qualified Commercial Pilot but has 30 years
experience in sales and marketing two thirds of which has been involved in aviation both in
the UK and the USA. For two years, Antonia was Sales and Marketing Director for
FlightSafety Academy, Vero Beach before leaving to establish a private business venture
with her husband.
James Fisher, Oliver's brother, is a computer and IT specialist and a very experienced
software engineer and programmer who will be involved in the extremely important
function of wehsite design and development and management of the social networking
aspects of modern marketing and communications.
Business Profile
Pilots' Paradise
Our target market is the high class winter and year round residents of the local area plus
the UK and European general aviation market. They will be drawn to the ability to rent our
aircraft on an exclusive basis during the period of their holiday and adventure to any
destination within the continental USA.
Plans for 2011 are to concentrate on the USA market by drawing In the snowbirds of the
north. Accordingly we wilt be initiating a media advertising campaign and develop Internet
and personal forum marketing with the USA to attract this business. We are already
receiving repeat business from our UK and European customers and plan to develop and
grow a solid base of wet( trusted and repeat customers.
We will also be offering adventure holiday pilot guidance to our clientele in the form of an
instructor `co- pilot'. This wilt give our customers the cunfkktuce to explore the USA with
the aid of an un- intrusive but helpful instructoi_
These escorted tours will also be made avaitabte in a twin engine Piper Seneca. Capable of
carrying 6 people in total; the idea of taking friends and family along with you on these
flying holidays will most certainly appeat. Part of the service will be to provide them with
professional route guidance and planning services to enable them to fulfil the trip of a die
time.
Local accommodation will be required as the business expands, generating further income
for the area. We plan to buy a 3 bedroom house or 2 condos to cater for the growing UK
market and winter visitors.
The addition of extra aircraft will cater for the exotic and luxury holiday flying market. We
will otter the chance to tly the aircraft tnat pilots and aspiring picots, have always wanted
to get their hands on. We already have contacts that will allow us to niter a fully aerobatic
Yak 52, and a Piper Cub in the near future. For the very top end clients, King Air guided
tours wilt be avaitabte.
riving Elite
Starting small with one warrior aircraft and one Seneca, we would train only very
discerning customers witting to pay for the very best consider it as a VIP service. In
addition, my father is uniquely qualified to train and test budding flight instructors for the
European marketplace and it is anticipated that several will make the journey to the USA to
seek out his wealth of experience.
Our focus would be on at/lasting the type of customers that are interested by Pilots
Paradise and want to add additional skills and ratin and gain from experience, rather
than simply attempt to attract the would -be air line pilot.
We hope to develop positive relationships with our very exclusive form of one on one flight
instruction, This in tum will generate return business for further licences and the 'Pilots'
Paradise experience'.
The long term goal will be to establish a reputation that if you want the best, and are
witting to pay for it. we are the place to go!
Revenue estimates. Office Space requirements, staff employment and Aircraft
requirements for years 1 to 3.
Year 1
Turnover: $200,0170 5300,000 per annum.
Staff: One flight instructor and one sales person.
Facilities: Two offices, each apprnxiniately 125 sq ft
Aircraft: 1 Warrior 1 Seneca
Access to Yak and Piper Cub and Remos GX
Year 2
Turnover: $400,0004500,000 per annum.
Staff: 2 flight instructors and one sales person.
Facilities: Additional office space around 600-800 sq ft
Aircraft: 2 Warriors 1 Seneca.
Access to additional aircraft
Year 3
Turnover: $600,000•$1,000,000 per annum.
Staff: 4 flight instructors, one sales person, one IT technician and one office manager.
Fadlities: Develop new ground with a hangar aid office facilitywith at least 2500 sq it of
office space.
Aircraft: 4 Warriors 2 Cessna 150 1 Seneca.
Access to several additional aircraft
"All figures are conservative estimates and submitted to indicate minimum expectations.
Market Place
The demand for our flying vacation rentals has remained and with the recession coming to
an end and the demand for luxury products increasing, the business is likely to continue its
positive growth.
The number of pilots being trained over the recession remained steady with many flight
training schools staying open for business. The airlines have star ted a strong recruitment
drive for pilots over the last few months. Many of the large airlines have plans to expand
their fleets of airtrafl in 2011. This, as well as the rapidly expanding airlines in Asia and the
retirement of many senior pilots, we believe will see a huge demand for newly trained
pilots towards the end of 2011. The training of flight Instructors will be a growth arca.
We will be ideally placed to take advantage of this positive growth within the aviation
industry.
Financials
Capital
Cur rent asset value: $150,000 (2 aircraft)
initial working capital: $100,000 (already secured)