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Home My WebLink About04102013 Agenda PacketCin Of SETS► -V HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 10, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION — 3. PLEDGE OF ALLEGIANCE — Led by Council Member Hill 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 13.047 A. Proclamation — National Child Abuse Prevention Month — April 2013 6 Accepted by Sabrina Barnes, Interim Executive Director /Director of Program Operations, Children's Home Society of Florida Treasure Coast Division 13.048 B. Proclamation — National Public Safety Telecommunicator's Week — Accepted by 7 Police Department Dispatcher 13.049 C. Proclamation — Presented to Wayne Eseltine — Certified Flood Plain Manager 8 13.050 D. Proclamation — Arbor Day /Earth Day — April 201h Earth Day Event at Riverview 9 Park — Accepted by Natural Resources Board Chair, Robin Graves 13.051 E. Natural Resources Board Chairman - Recommendation for Support of Indian River Lagoon Coalition (No Backup, Proposed Support Resolution Under New Business) F. Brief Announcements 4/19 — City Furlough Day — City Hall Closed 4/19 — Sebastian River HS Jazz Ensemble and Steel Drum Band — 5:30 — 8 pm 4/20 — Earth Day Festival — Hosted by Natural Resources Board — 8 am to 1 pm 1 of 98 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. 10 -15 A. Approval of Minutes — March 27, 2013 Regular Meeting 13.052 B. Approve Revised, Amended, and Restated Stormwater Drainage and Detention 16 -29 Easement Agreement Originally Approved in 2005 Between City of Sebastian and Blue Crabapple, LLC — Developer of Publix Property at CR 510 and Sebastian Boulevard (City Manager Transmittal, Revised Agreement, 2005 Agreement) 13.053 C. Approve Annual Craft Club Shows at Riverview Park for 2013 -2014 — Request to 30 -35 Waive Fees 50% - 10/5/13, 11/2/13, 12/7/13, 12/8/13, 1/4/14, 2/1/14, 3/14, 4/5/14, and 5/3/14 and Sunday Rain Dates as Requested (Parks Transmittal, Application, Letter and Dates) 13.054 D. Approve Closing Indian River Drive from Harrison Street North to Jackson 36 -38 Street on November 10, 2012 from 6:45 am to 9:30 am for Sebastian River Middle School IB Program 5K Run Fundraiser (Parks Transmittal, Application, Receipt) 13.055 E. Approve Alcoholic Beverage Request for Wedding and Reception at Community 39 -41 Center — May 18, 2013 — 5 pm to 11 pm (Parks Transmittal, Application and Receipt) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 9. PUBLIC HEARINGS (As provided in Resolution No. R- 12 -01) Mayor opens hearing City Attorney reads title Staff presentation, comments, and preliminary recommendation Applicant presentation, if necessary Public input City Staff final comments and recommendation Mayor closes hearing unless hearing continuation granted by the affirmative vote of three Council Members Council deliberation and action 13.037 A. Second Reading and Public Hearing on Ordinance No. 0 -13 -02 — Anti - 42-44 Discrimination — Amending 0 -95 -07 (City Attorney Transmittal, 0- 13 -02) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO DISCRIMINATION IN HOUSING; AMENDING SECTION 4 OF ORDINANCE 0 -95 -07 TO PROVIDE AN EXCEPTION FOR THE HOUSING NEEDS OF SENIORS AND THE ELDERLY IDENTIFIED IN THE COMPREHENSIVE PLAN FOR THE CITY OF SEBASTIAN, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (1St Reading 3/13/13, Legal Ad PJ 3/27/31) 2 of 98 10. UNFINISHED BUSINESS 13.031 A. Consideration of Modified Working Waterfront Modified Lease Agreement 45 -58 Between City of Sebastian and Fisherman's Landing Sebastian, Inc. (Community Development Transmittal, Modified Lease [No change to Exhibits in 2/27/13 Agenda Packet]) 11. PUBLIC INPUT 12 NEW BUSINESS 13.006 A. Resolution No. R -13 -06 — Green Energy Works Program (City Manager 59 -64 Transmittal, R- 13 -06) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, EXPRESSING THE CITY'S SUPPORT AND INTENTION TO CREATE WITHIN THE CITY, THE "FLORIDA GREEN ENERGY WORKS PROGRAM" A VOLUNTARY PROGRAM PROVIDING INTERESTED PROPERTY OWNERS WITH THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY IMPROVEMENTS ON THEIR PROPERTY BY REPAYMENT THROUGH NON -AD VALOREM ASSESSMENTS ON THEIR PROPERTY TAX BILL; AUTHORIZING THE MAYOR OF SEBASTIAN TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY FOR ADMINISTRATION OF THE FLORIDA GREEN ENERGY WORKS PROGRAM IN THE CITY OF SEBASTIAN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 13.051 B. Resolution No. R -13 -07 — Indian River Lagoon Coalition (City Manager 65 -70 Transmittal, R- 13 -07, Call to Action, Current Coalition Member List) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING THE NEED FOR ACTION TO ADDRESS THE HEALTH OF THE INDIAN RIVER LAGOON ECOSYSTEM; SUPPORTING THE ACTIVITIES OF THE INDIAN RIVER LAGOON COALITION; PLEDGING THE COOPERATION OF THE CITY OF SEBASTIAN IN EFFORTS TO FIND SOLUTIONS TO RESTORING THE HEALTH OF THE INDIAN RIVER LAGOON; AND PROVIDING FOR AN EFFECTIVE DATE. 13.056 C. Stormwater Stewardship Report (City Manager Transmittal) 71 13.057 D. Tulip Drive Project — Authorize DEP 319 Grant Application (City Manager 72 -74 Transmittal, Cost Estimates, Aerial) 13.058 E. Waive Procurement Procedures Pursuant to Section 2 -10 (f) Code of Ordinances 75 -85 and Approve Ditch /ROW Maintenance Agreement for Partial Year (City Manager Transmittal, Ditch /ROW Agreement) 13.059 F. Approve Purchase of Caterpillar 313D Wheel Excavator from Florida Sheriffs 86 -96 Association Specifications #21 Bid 12 -10 -0905 in the Amount of $202,173 from Ring Power CAT funded with DST Funds (PW Transmittal, Ring Power Price Quote, FL Sheriffs Association Contract) 13.060 G. Consider Release of Interest on Liens and Disposition of Fine - 718 Wentworth 97 -98 Street (Code Enforcement Transmittal, Property Owner Email Request) 3 of 98 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Adams B. Council Member Coy C. Council Member Hill D. Mayor McPartlan E. Vice Mayor Wright 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: April 24, 2013 Board of Adjustment — 6 pm April 24, 2013 Regular Council Meeting — 6:30 pm May 8, 2013 Regular Council Meeting — 6:30 pm May 22, 2013 Regular Council Meeting — 6:30 pm 4 of 98 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -12 -01 Regular City Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 98 MOF SES)ksn�N HOME OF PELICAN ISLAND F118GLINJITIou NATIONAL CHILD ABUSE PREVENTION MONTH WHEREAS, for more than a century, the Children's Home. Society of Florida has upheld our legacy of protecting the tives of abused children and families; and WHEREAS, every 42 seconds a child suffers from abuse and neglect and the Children's Home Society of Florida is here to change the story for children in our community; and WHEREAS, the Children's Home Society of Florida, Treasure Coast Division. works diligently with United for Families and the Department of Children & Families to ensure that every child suffering from abuse has a brighter future and hope for a safe life; and WHEREAS, children who have suffered abuse or neglect are at least 25 percent more likely to experience problems such as delinquency, teen pregnancy, low academic achievement, drug use and mental health problems,- and WHEREAS, Children's Horne Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth; and WHEREAS, Children's Home Society encourages community agencies, religious organizations, businesses and others to celebrate adoption, honor families that grow through adoption, and further an awareness of the changes and issues with the adoption process. NOW, THEREFORE, I, Bob McPartlan, by virtue of the authority vested in me as Mayor of the City of Sebastian and on behalf of the Sebastian City Council do hereby proclaim the month of April 2013, as, NATIONAL CHILD ABUSE PREVENTION MONTH IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 10 "' day of April 2013. CITY OF SEBASTIAN, FLORIDA Bob McPartVan, Mayer 6 of 98 -13 0ya ma SEBAST_" HOME OF PELICAN ISLAND VpOCLAMAT /ph NATIONAL PUBLIC SAFETY TELE,COMMUNICATORS' WEE APRIL 14 -20, 2013 WHEREAS; emergencies can occur at anytime that require police, fire or emergency medical services and when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property-, and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Sebastian 911 Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services and are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety-, WHEREAS, Public Safety Dispatchers of the Sebastian Police Department have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients and each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; NOW THEREFORE, I, Bob McPartlan, by virtue of the authority vested in me as Mayor of the City of Sebastian and on behalf of the Sebastian City Council, do hereby proclaim the week of April 14 "' through 20th, 2013 to be National Public Safety Telecommunicators' Week in Sebastian, in honor of the men and women whose diligence and professionalism keep our City and citizens safe. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 1 {nth day of April, 2013. Bob McPartlan, Mayor 7 of 98 MOF SEBASTU_% HOME OF PELICAN ISLAND CERTIFIED ERTIFIED FLOODPLAIN MANAGER - WAYNE ESELTI NE, CRA WHEREAS, the Association of Floodplain Managers has established a national program for Professional Certification of Floodplain Managers-, and WHEREAS, that national program recognizes continuing education and professional development of individuals who enhance the knowledge and performance of local, state, federal, and private-sector Floodplain Managers', and, WHEREAS, the role of the nation's Floodplain Managers is expanding due to increases in disaster losses emphasizing mitigation to alleviate the cycle of damage-rebuild-damage and recognizing the need for professionals to adequately address these issues; and, WHEREAS, the formation of a Professional Certification program is recognized as an effective means to- • Enhance professional development goals- • Promote an understanding of relevant subject matter that is consistent nationwide-, • Convey new concepts and practices- and' • Build partnerships among organizations that share the goal of advancing sound floodplain management', and, WHEREAS, the primary goal of the certification program is to help reduce the nation's flood losses and to protect and enhance the natural resources of the nation's floodplains; and, WHEREAS, the Association of State Floodplain Managers have designated Mr. Wayne Eseltine, City of Sebastian Building Official, a Certified Floodplain Manager with all the rights, honors, and privileges thereunto appertaining. NOW THEREFORE, 1, Bob McPartlan, by virtue of the authority vested in me as Mayor of the City of Sebastian and on behalf of the City Council and citizens of Sebastian do hereby offer heartfelt congratulations to the Sebastian Building Official, Wayne Eseltine, and thank hire for his contributions to the City of Sebastian_ IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this I oth day of April, 2013, Bob McPartlan, Mayor 8 of 98 �� u�~��/7-^~ 0YCf TV HOME OF PELICAN ISLAND ARBOR DAY WHEREAS, IN 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be se{ amide for the planting of trees; and it was called Arbor Day, first observed with the planting of more than a million trees in Nebraska-, and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, out heating and cooling costs, moderate ternperaiuna, clean the air, produce oxygen and provide habitat for wildlife, are a renewable resource, giving VS paper. wood for our honneG, fuel for fires and Countless other wood pnzdu{ts-, and WHGFtE/\S. trees in our City increase property values: enhance the economic vitality of business areas and beautify our community, and wherever planted. are a source of joy and spiritual renewal. VVHEFtEAS, each year the City Natural Resources Board celebrates nature at its Earth Day festivities in April and this years festivities take place On April 20. 2013� and NOW THEREFORE, |, Bob KOoPmMi}an^ by virtue of the authority vested in me as Mayor of the City of Sebastian in observance of ARBOR DAY / EARTH DAY do hereby encourage all citizens to support efforts to protect Our trees and woodlands and support our City's urban forestry program, to plant trees to gladden the he@tS and promote the well- being of present and future gen8rotiona, and to come out on April 20. 2013 to celebrate EARTH DAY -in Riverview Park from 8 am to 1 pm. IN WITNESS VVMEFiEC>F, | have hereunto set my hand and caused the seal of the City Of Sebastian, Florida, tobo affixed this 1Oth day ofApril 2013. Bob McPartlan, Mayor Mi MCf S,IEELASTI,A,] O HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 27, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Bill Brothers, Baptist New Life Church of Sebastian. 3. The Pledge of Allegiance was led by Council Member Coy. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Andrea Coy Council Member Jim Hill City Council Absent: Council Member Jerome Adams (excused) City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Building Director, Wayne Eseltine Community Development Director, Joseph Griffin Finance Director, Ken Killgore Public Works Assistant, Linda Kinchen Deputy Police Chief, Greg Witt MIS Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 13.038 A. Proclamation — National Public Works Week - May 19 through May 25, 2013 — 5 Accepted by Linda Kinchen on Behalf of Jerry Converse, Public Works Director Mayor McPartlan read and presented the proclamation to Public Works Assistant Linda Kinchen. 10 of 98 Regular City Council Meeting March 27, 2013 Page Two 13.039 B. Presentation of Fiscal Year 2011 -2012 Comprehensive Annual Financial Report (CAFR) by Rehmann Robson (Finance Director Memo, Auditor Letter and CAFR Under Separate Cover) Margo Lind of Rehmann Robson briefly presented the FY 2011 -2012 CAFR. She complimented Administrative Services staff members Debra Krueger, Ken Killgore and Nancy Veidt for their professionalism and said the audit firm looks forward to the City's easy audit because of them. Council members thanked her and complimented staff on its excellent financial practices. 13.040 C. City Manager Announcement of Building Department "Building Code 6 -8 Effectiveness Grading Schedule" ISO Rating Upgrade (City Manager Transmittal, ISO Letter) The City Manager announced the Building Department high rating from the Insurance Services Offices (ISO) and congratulated Director, Wayne Eseltine for his professional implementation of the City's codes and remarked that our local management of building issues seems to be quite effective. D. Brief Announcements i. 3/30/13 - City Easter Egg Hunt in Riverview Park East — 10 am ii. 4/6/13 - Craft Club Show in Riverview Park — 9 am to 3 pm Mayor McPartlan announced the March 30th Easter Egg hunt, told a story about his two daughters in training from their older brother to successfully hunt for eggs, and announced the April 6" Craft Show. Mr. Wright announced the April 5th Sebastian Chamber of Commerce Concert in the Park with the Andrew Morris Band from 5:30 pm to 8 pm. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. Pgs 9 -13 A. Approval of Minutes — March 13, 2013 Regular Meeting 13.041 B. Sebastian Clambake Foundation Sponsorship Agreement — Five Year Term 22 -28 2013 through 2017 (City Manager Transmittal, New Agreement, Red -Lined Revisions) 13.042 C. SRHS Homecoming Parade Road Closings — October 24, 2013 (City Manager 29 -30 Transmittal, SRHS Letter) Mayor McPartlan noted the March 13, 2013 minutes and the Sebastian Clambake agreement were revised prior to the meeting (see email with revisions attached. MOTION by Mr. Hill and SECOND by Ms. Coy to approve consent agenda items A -C as revised. ROLL CALL: Ayes: McPartlan, Wright, Coy, Hill — Nays: None — Passed 4 -0 (Adams Absent) 2 11 of 98 Regular City Council Meeting March 27, 2013 Page Three 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mr. Wright spoke on the Indian River County hosted Indian River Lagoon Symposium held on Tuesday, March 26t ", citing that scientists, though today's newspaper article focused on fertilizer, focused on issues such as stormwater runoff and septic system intrusion. He said there were proposals such as relief canals to relieve fresh water moving east as well as piping the lagoon to the ocean in the area of Bethel Creek. He noted a DVD of the meeting could be provided to members of Council who could not attend. Ms. Coy and Mr. McPartlan said they would like copies. The City Clerk said she was obtaining one copy from the County and could make duplicates. It was also suggested by Ms. Coy that this could play on CH 25. Mr. Wright continued that Commissioner Zorc is trying to put a committee together and noted that all cities have signed off on participation in the Indian River Lagoon Coalition. Ms. Coy said the Natural Resources Board is expected to discuss this at their next meeting and could make a recommendation to Council. Ms. Coy said she attended the last fishermen's meeting on the Working Waterfront lease, it was the first time they had a formal meeting on the issue and they were planning to have more. She urged members of Council to go to one of their meetings. 13.043 A. Parks and Recreation Advisory Committee 31 -45 (City Clerk Transmittal, Applications, Ad, List) i. Interview, Unless Waived, and Submit Nominations for One Unexpired Alternate Member Position with a Term to Expire 5/31/14 City Council interviewed Tammy Nelson, Greg Paschall and Lawanna Sue Perry. Norman Meyer was not interviewed because he arrived late. Mr. Hill nominated Tammy Nelson and Mayor McPartlan seconded the nomination, though all members complimented all of the applicants and said this was a tough decision. The applicants were urged to stay involved and apply for other positions. The City Clerk noted that her office was currently advertising for a Planning and Zoning Commission position and a Natural Resources Board position. Ms. Nelson was appointed to the Parks and Recreation alternate position. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT - None 3 12 of 98 Regular City Council Meeting March 27, 2013 Page Four 12. NEW BUSINESS 13.010 A. Resolution No. R -13 -05 Accepting First Quarter Financial Report and Adoption of 46 -67 Necessary Amendments to FY12/13 Budget (Administrative Services Transmittal, R- 13 -05, Quarterly Financial Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013 AS PROVIDED FOR IN EXHIBIT "A "; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -13 -05 by title only. MOTION by Mr. Hill and SECOND by Mr. Wright to approve Resolution No. R- 13 -05. Mr. Wright said he was pleased to see revenues coming in faster than expenditures and the first quarter under control. ROLL CALL: Ayes: Wright, Coy, Hill, McPartlan — Nays: None — Passed 4 -0 (Adams Absent) 13.044 B. Lions Club 4t" of July Event Modification to Utilize Area East of Indian River Drive 68 -71 for "Kiddy- Activities" and Close IR Drive Between Coolidge and Harrison (City Manager Transmittal, Lions Letter) The City Manager said the Lions Club has asked to move some of the children's activities to the east side of Indian River Drive, which will open up parking in Cavcorp. He said he had spoken to Norman Meyer and expressed to him that the bounce house may have to come down earlier to accommodate the fireworks viewing. He said he had received an email from Council Member Adams expressing concern for safety of children being so close to the water. Mr. Meyer addressed Council to request the east side for the bounce house, pony rides, petting zoo and bull ride, and left it to Council to determine when they have to be removed. He noted the street is already closed. Mr. Hill clarified that the amenities would have to be completely cleared out for people to watch the fireworks from that location and Ms. Coy said parents should be supervising their children and not just leave them there. MOTION by Mr. Hill and SECOND by Mr. Wright to approve the request with the stipulation that the spectators will have the whole area, not just deflating the bounce house but everything will be all gone and out. The City Manager said he would require everything be cleared out by 7 pm. ROLL CALL: Ayes: Coy, Hill, McPartlan, Wright — Nays: None — Passed 4 -0 (Adams Absent) 4 13 of 98 Regular City Council Meeting March 27, 2013 Page Five 13.045 C. Parks and Recreation Committee Greenways Update — Authorize City Manager 72 -78 to Execute Concept Within Budget Parameters (City Manager Transmittal, P & R Memo, Proposal for Maps, Conceptual Map) The City Manager reported that Parks and Recreation Chairman Scott Simpson had submitted an email on Monday before the P & R meeting to suggest a change in design for the kiosks which they will consider at their April 22nd meeting, therefore, this item should be tabled for now. MOTION by Mr. Hill and SECOND by Ms. Coy to table this item until review by Parks and Recreation, however, Mayor McPartlan noted this is not an action item at this time. Mr. Wright suggested that Parks and Recreation consider including some mile markers and exercise stations in certain areas along the way. Ms. Coy said Easy Street might be a good location for that. Mr. Hill said he loved this idea and spoke about the four marked trails at the Stormwater Park where he runs. 13. CITY ATTORNEY MATTERS None. 14. CITY MANAGER MATTERS 13.046 A. Report on Skydive Sebastian of South Florida, Inc. Lease Renewal (City 79 -80 Manager Transmittal, Letter) The City Manager said this renewal was an administrative issue but important to report. He briefly described the 20 year renewal option of the 20 year lease set to expire this September. He said Skydive Sebastian has been important for tourism, and bring in approximately 15,000 visitors per year (confirmed by the Community Development Director). He said the renewal option gives no ability to the City to increase rent, but does have a CPI clause. He said he asked the Community Development Director to review leases for other skydive operations, and said Skydive Sebastian is getting a good deal but it is not unreasonable. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mayor Wright Mr. Wright requested adding to the agenda on a semi - regular or quarterly basis, reports from staff on 1) environmental issue activities of the City such as the Stormwater Park, Collier Creek pumping, conversion of septic systems, and 2) economic development issues such as existing leases, activities of the Community Development Department, and building permits. Mr. Hill said it would be great for the Community Development Director to give the economic development report. B. Council Member Adams - Absent 5 14 of 98 Regular City Council Meeting March 27, 2013 Page Six C. Council Member Coy Ms. Coy reported on the recent arrests of people connected to the Allied Veterans of the World group which ran internet cafes. She asked the City Attorney to report on the City's denial of an establishment in Sebastian, noting there were cafes in Vero Beach and Melbourne. The City Attorney reported that he and Community Development staff, though they do the utmost to welcome new business, were approached by the organizations attorney to locate in Sebastian, and ultimately decided that they did not meet the City's codes. Ms. Coy gave kudos to staff for keeping them from coming to Sebastian. D. Council Member Hill None. E. Mavor McPartlan Mayor McPartlan said he participated in the Senior Resources Meals on Wheels program last week and that the program is fantastic, provides meals to shut -ins who may have no other contact and build relationships with the drivers. He said if anyone is interested in receiving meals or volunteering they can contact the Senior Resources Association. Mayor McPartlan advised that April is Child Abuse Awareness Month and there will be a Stop the Tears Breakfast at the Unity Church of Vero Beach on April 24, 2013 from 8:30 am to 10 am and invited people to come and listen to a foster parent and foster child speak, and urged participation by donation or volunteering as a foster, mentor or guardian ad litem. He again urged people to go to the Easter Egg Hunt. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 7:20 pm. Approved at the April 10, 2013 Regular Council Meeting. Bv: Bob McPartlan, Mayor Attest: Sally A. Maio, MMC, City Clerk 6 15 of 98 Loy N I E�IIVIST HOME OF PELICAN ISLAND Subject: Revised drainage easement for Agenda No. YA— L3. 15L Publix at CR510 and Sebastian Boulevard Department Origin: City Manager Comm Dev Direct Ap ro71t, r Submittal by: City Manager City Attorney: City Clerk: Al! 1 Date Submitted: March 27, 2013 For Agenda of: April 10, 2013 Exhibits: Revised Easement Agreement, Easement Agreement dated 8131105 EXPENDITURE. REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- -0- SUMMARY In 2005 City Council approved an easement agreement with Blue Ribbon Crabapple, LLC, developer of the Publix property at the comer of CR510 and Sebastian Boulevard. The agreement authorized the developer to locate part of their drainage within the outer portion of the right -of- -way for Stony Point Drive. This allowed for an enhanced drainage system to further protect run -off to the Sebastian River, as well as enhanced buffering along Stony Point Drive. Following a real estate closing of the shopping center property, the City has been notified by Attorney Bruce Barkett that the original easement agreement contains several scrivener's errors including reversing the terms. "grantor" and "grantee" within the document and misidentifying the properties owned by each. Staff has confirmed this information. An amended easement agreement has been prepared by Mr. Barkett to correct the original errors. RECOMMENDED ACTION Move to authorize execution of the Revised, Amended and Restated Storm Water Drainage and Detention Easement Agreement. &.40101.3 This instrument prepared by and return to: Bruce Barkett, Esq. Collins, Brown, Caldwell, Barkett, Garavaglia & Lawn, Chartered 756 Beachland Blvd. Vero Beach, FL 32963 REVISED, AMENDED, AND RESTATED STORM WATER DRAINAGE AND DETENTION EASEMENT AGREEMENT THIS REVISED, AMENDED, AND RESTATED STORM WATER DRAINAGE AND DETENTION EASEMENT AGREEMENT ( "Agreement ") is made and entered into this day of , 2013 by and between BW 512, INC., a Florida corporation having an address of 5099 Highway AIA, Suite 300, Vero Beach, FL 32963, ("Owner") and the CITY OF SEBASTIAN, FLORIDA, ( "City"): WITNES SETH: WHEREAS, Owner is the owner and holder of the fee simple title to the Shoppes of Sebastian Shopping Center located on that certain property in Indian River County, Florida, more particularly described on Exhibit "A" which is attached hereto and made a part hereof ("Shopping Center Property "); and WHEREAS, City is the owner and holder of the fee simple title to a certain right -of -way located in the City of Sebastian and more particularly described as a portion of Stony Point Drive and shown on that certain utility plan prepared by Paulson Mitchell Incorporated, dated May 25, 2004, last revised on April 1, 2005, a copy of which is attached hereto and made a part hereof as Exhibit "B" ( "City Right -of- Way "); and WHEREAS, the City of Sebastian entered into that Storm Water Drainage and Detention Easement Agreement with Blue Ribbon Crabapple, LLC, a Georgia limited liability company, dated August 31, 2005, and recorded in the public records of Indian River County, Florida at Official Records Book 1961, Page 1677 ("2005 Easement'); and WHEREAS, the 2005 Easement contained scrivener's errors, including reversing the terms "Grantor" and "Grantee" within the document, and misidentifying the properties owned by each; and WHEREAS, Owner is the successor in title to Blue Ribbon Crabapple, LLC, with respect to the shopping center which was the subject of the 2005 Easement; and WHEREAS, Owner and City desire to amend, revise, and restate the 2005 Easement to correct the scrivener's errors and to clarify the purpose and intent of the easement; 17 of 98 NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner and City hereby agree and covenant as follows: 1. Recitals. The foregoing recitals are incorporated as if fully restated herein. 2. Release of Easement. The 2005 Easement is hereby declared null and void and each parry hereby releases and quit - claims unto the other all right, title, and interest arising from or out of the 2005 Easement. 3. Grant of Easements. a. City grants to Owner, and Owner grants to City, each to the other, for the benefit of both properties, a perpetual, non - exclusive, appurtenant easement for the installation, use, construction, improvement, repair, maintenance, and reconstruction of storm water drainage, underground pipes and related underground facilities (collectively, the "Drainage Facilities "), upon, through, under and across a fifteen foot (15') wide area measured from the centerline of the drainage pipes and related underground facilities as actually installed in the approximate location shown on that certain utility plan prepared by Paulson Mitchell Incorporated, dated May 25, 2004, last revised April 1, 2005 (the "Utility Plan") a copy of which is attached hereto and made a part hereof as Exhibit "B ". b. City grants to Owner, and Owner grants to City, each to the other, for the benefit of both properties, a perpetual, non - exclusive, appurtenant easement for the installation, use, construction, improvement, repair, maintenance, and reconstruction of storm water detention ponds and related facilities (collectively, the "Detention Ponds "), to which the Drainage Facilities are to be connected, all as actually installed in the approximate locations shown on the Utility Plan (the "Detention Easement Area "). The rights granted, created, and conveyed hereunder shall expressly include the right to drain, detained, and undetained rainwaters, surface waters, and waters from springs and other underground sources whether surfacing on the City's property or Owner's property, or surfacing on other properties and draining across either property, through the Drainage Facilities, and then to the Detention Ponds, and then from the Detention Ponds through the Drainage Facilities, all as depicted on the Utility Plan. 4. Reserved Rights (Owner). Owner shall have the right to use the Shopping Center Property and the easement area for any lawful purpose which is not inconsistent with the terms of this Agreement. 2 18 of 98 5. Reserved Rights (City ). City shall have the right to use the City Right-of-Way for purposes which are not inconsistent with the terms of this Agreement. 6. Covenants Running with the Land. The easements and all provisions, agreements, rights, powers, covenants, conditions, and obligations contained in this Agreement shall be binding upon the City and the Owner, and their successors and assigns, lessees, and all other persons acquiring any interest in the Shopping Center Property or the City Right -of -Way, or any portion thereof, whether by operation of law or in any manner whatsoever, and the said easements shall inure to the benefit of the owners of the respective parcels and their respective successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land pursuant to Florida law. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date the last of the parties affix its signature to this Agreement below. CITY OF SEBASTIAN, FLORIDA ATTEST: Approved as to form and legality for reliance by the City of Sebastian: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2013, by and , as Mayor and City Clerk, respectively, of the City of Sebastian, on behalf of such city, who are personally known to me or who have produced as identification. (Notary Seal) Notary Public My Commission Expires: 19 of 98 WITNESSES: BW 512, Inc. Print Name: BY: Patricia Werhahn Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013, by Patricia Werhahn, the Director of BW 512, Inc., on behalf of such entity, who is personally known or who produced as identification. (Notary Seal) n Notary Public My Commission Expires: 20 of 98 EXHIBIT "A" LEGAL DESCRIPTION A Parcel of Land lying in Section 23, Township 31 South, Range 38 East, Indian River County, Florida, being more particularly described as follows: Commence at the Northeast comer of the Southwest 1/4 of the Southwest 1/4 of Section 23, Township 31 South, Range 38 East, thence run North 89 degrees 53 minutes 45 seconds West along the North line of the Southwest 1/4 of the Southwest 1/4 of said Section 23 a distance of 762.51 feet, to the Point of Beginning; thence South 00 degrees 07 minutes 00 seconds East a distance of 659.29 feet; thence South 89 degrees 53 minutes 01 seconds West a distance of 500.59 feet to the Easterly Right -of -Way of County Road 510; thence run along said Right -of -Way North 00 degrees 02 minutes 32 seconds West a distance of 370.76 feet; thence, departing said Right -of -Way, North 89 degrees 57 minutes 28 seconds East a distance 200.00 feet; thence North 00 degrees 07 minutes 00 seconds West a distance of 117.17 feet; thence North 89 degrees 53 minutes 00 seconds East a distance of 10.00 feet; thence North 00 degrees 07 minutes 00 seconds West a distance of 60.00 feet; thence South 89 degrees 53 minutes 00 seconds West a distance of 10.00 feet; thence North 00 degrees 07 minutes 00 seconds West a distance of 64.85 feet to a point on the Southerly Right -of -Way line of State Road 512, said point being on a curve concave Northerly and having a radius of 2060.00 feet; thence, from a tangent bearing of North 83 degrees 43 minutes 51 seconds East, run Easterly along the are of said curve and Southerly Right -of -Way line through a central angle of 08 degrees 29 minutes 39 seconds for a distance of 305.40 feet; thence departing said Right -of -Way line, South 00 degrees 07 minutes 00 seconds East a distance of 8.31 feet to the Point of Beginning. LESS AND EXCEPT Road Right of Way. Said property also being shown on that certain ALTA/ACSM Land Title Survey certified to Foltz Martin, LLC, Blue Ribbon Crabapple, LLC, Regions Bank and First American Title Insurance Company, prepared by Tinklepaugh Surveying Services, Inc., signed and sealed by Arthur W. Tucker, P.L.S. No. 4381, dated February 28, 2004, last revised August 26, 2004. TOGETHER WITH the easements contained in that certain Reciprocal Easement, Covenant and Restriction Agreement by and between Sebastian Exchange, LLC and Paradise Central Corporation, dated March 25, 2004, recorded March 30, 2004 in Official Records Book 1710, Page 1576, of the Public Records of Indian River County, Florida. (Easement Parcel A) 21 of 98 k- 14 ? fl $. e 0 a 1 SHOPPES OF SEBASTIAN S 03" S: A rovnswa t ounr, ARM IA � � ueAS xprut nut A11£fl oauNlr, R ML ALLIANCE. REAL'T'Y SERVICES, LLC. '400 F1IDY0t y M, ME SWTE 105 AXMTA. CA 3W5 404 -364 -9055 [BY19[ON9 e' r� m.os .�o.mimuan plbtiA 4 11L d��.. pu�w naiaa 'Unr C.3 22 of 98 1704754 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK C— TRCUIT COURT INDIAN .RIVER CO FL, BK: 1961 PG: 7, 11/18/2005 12:55 PM DOC ,MPS D $0.70 EXHIBIT "A" This instrument prepared by and return to: Thomas O. Harper III, Esq. Foltz Martin, LLC Five Piedmont Center Suite 750 Atlanta, Georgia 30305 STORM WATER DRAINAGE AND DETENTION EASEMENT AGREEMENT THIS STORM WATER DRAINAGE AND DETENTION EASEMENT AGREEMENT (the "Agreement "), made and entered into this 31 day of August, 2005 (the "Effective Date "), by and between THE CITY OF SEBASTIAN (hereinafter referred to as the "Grantor ") and, BLUE RIBBON CRABAPPLE, LLC, a Georgia limited liability company (hereinafter collectively referred to as the "Grantee "). WITNESSETH: WHEREAS, Grantor is the owner and holder of the fee simple title to certain property known as the right -of -way for the proposed Stony Point Drive, which property is located in the City of Sebastian, Indian River County, Florida, and which property is more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Property "); and WHEREAS, Grantee is the owner and holder of the fee simple title to certain property located in the City of Sebastian, Indian River County, Florida, and which property is more particularly shown as a portion of Stony Point Drive on that certain utility plan prepared by Paulson Mitchell Incorporated, dated May 25, 2004, and last revised on April 1, 2005, a copy of which is attached hereto as Exhibit `B" (the "Utility Plan ") and by this reference made a part hereof (the "Grantee Property"); and WHEREAS, Grantee has obtained a permit from the City of Sebastian to allow drainage from the Grantee Property into the detention ponds described hereinafter to be located on the Property, and then from the detention ponds to be located on the Property under and across the 387316.4 23 of 98 BK: 1961 PG: 1678 { Grantee Property through an underground storm water drainage line to an underground storm water detention facility to be constructed under the Grantee Property, and then from the underground storm water detention facility under and across the Grantee Property through an underground storm water drainage line to the publicly dedicated right -of -way known as County Road 512, all as shown on and contemplated by the Utility Plan; and WHEREAS, Grantor has agreed to convey to Grantee the easements contained herein. NOW, THEREFORE, for and in consideration of TEN AND N01100 DOLLARS ($10.00) in cash paid in hand, the receipt and sufficiency of which is hereby acknowledged, the parties agree and covenant as follows: 1. _Grant of Drainage Easement. Grantor hereby creates, grants, gives and conveys for the benefit of the Grantee Property a perpetual, non - exclusive, appurtenant easement for the installation, use, construction, improvement, repair, maintenance and reconstruction of storm water drainage, underground pipes and related underground facilities (collectively, the "Drainage Facilities ") upon, through, under and across a fifteen -foot (15') wide area measured from the center line of the drainage pipe and related underground facilities as actually installed, which are to be installed in the approximate locations as shown on the Utility Plan (the "Drainage Easement Area "). 2. Grant of Detention Pond Easement. Grantor hereby creates, grants, gives and conveys for the benefit of the Grantee Property a perpetual, non - exclusive, appurtenant easement for the installation, use, construction, improvement, repair, maintenance and reconstruction of storm water detention ponds and related facilities (collectively, the "Detention Ponds ") to which the Drainage Facilities are to be connected, all as actually installed, which are to be installed in the approximate locations as shown on the Utility Plan (the "Detention Easement Area "). The rights granted to Grantee hereunder shall expressly include the right to drain detained and undetained rainwaters, surface waters and waters from springs and other underground sources whether surfacing on the Grantee Property, or surfacing on other properties and draining across the Grantee Property, through the Drainage Facilities, into the Detention Ponds, and then from the Detention Ponds through the Drainage Facilities and to the Grantee Property, all as depicted on the Utility Plan. 3. Rights Reserved. Grantor shall have the right to use the Property, the Drainage Easement Area and the Detention Easement Area for any purpose which is not inconsistent with the terms of this Agreement. 4. Construction. Grantee shall be solely responsible, at its sole cost and expense, for obtaining all applicable permits, licenses, consents and approvals from all applicable governmental and private authorities for any construction or installation of the detention ponds, pipes, facilities or improvements to be installed or constructed by Grantee. 5. Covenant Running With the Land. The easements and all the provisions, agreements, rights, powers, covenants, conditions and obligations contained in this Agreement shall be binding upon Grantee and Grantor and, their successors and assigns, lessees and all other 2 387316.4 24 of 98 BK: 1961, PG: 1679 persons acquiring any interest in the Grantee Property or Property, or any portion thereof, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the owners of the respective parcels and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land pursuant to Florida law. 6. Notice. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered on the actual date of personal hand delivery by courier, the first business day following delivery to an overnight courier service or on the third business day after deposit in the U.S. mail as registered or certified mail, return receipt requested, postage prepaid, as follows: If to Grantor: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager with a copy to: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Attorney If to Grantee: Blue Ribbon Crabapple, LLC c/o Alliance Realty Services, L.L.C. 3500 Piedmont Road, NE Suite 105 Atlanta, Georgia 30305 with a copy to: Foltz Martin, LLC Five Piedmont Center Suite 750 Atlanta, Georgia 30305 Attn: J. Marshall Martin III, Esq. Either party shall be entitled to change its address for notice by providing written notice of the change of notice address to the other party. [Signature pages attached hereto] 387316.4 25 of 98 BK: 1961 PG: 1680 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. F.11 'M C 'el A 'j Lid STATE OF FLORIDA COUNTY OF INDIAN RIVER GRANTOR: Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney The foregoing instrument was acknowledged before me this 2 4 t h day of August, 2005, by Nathan B. McCollum and Sally A. Maio, as Mayor and City Clerk, respectively, of the City of Sebastian, on behalf of such city, who are personally known to me._ rntedName: Jeanette Williams RY PUBLIC State of Floridaat Large (Notarial Seal) My Commission Expires: to 7 eSslcw 4gy 20, #DD172594 :X 387316.1 4 26 of 98 BK: 1961 PG: 1681 �j STATE OF n -c a 0. ) COUNTY OF :PW +rn ) GRANTEE: Blue Ribbon Crabapple, LLC, a Georgia limited liability company By: Name: Title: ANY SEAL) Se p4 c lh.Qr The foregoing instrument was acknowledged before me this 01�13 day of 4u4, 2005, by .1ohn W. W1 lCoX ' :XC , as 0-rjq of Blue Ribbon LLC, a Georgia limited liability company, on behalf of such entity, who is [ ] ersonally known to or [ ] produced as identification. 387316.1 27 of 98 Printe ' .2 Lid we- 0 NOTARY PUBLIC State of (. ct 'C-t- -et- e ea _ My Commissio xpires:,AA "V- k ('P 2 0 0 °y GiOODGI 387316.1 27 of 98 BK: 1961, PG: 1682 EXHIBIT "A" LEGAL DESCRIPTION A Parcel of Land lying in Section 23, Township 31 South, Range 38 East, Indian River County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southwest 1/4 of the Southwest 1/4 of Section 23, Township 31 South, Range 38 East, thence run North 89 degrees 53 minutes 45 seconds West along the North line of the Southwest 1/4 of the Southwest 1/4 of said Section 23 a distance of 762.51 feet, to the Point of Beginning; thence South 00 degrees 07 minutes 00 seconds East a distance of 659.29 feet; thence South 89 degrees 53 minutes 01 seconds West a distance of 500.59 feet to the Easterly Right -of -Way of County Road 510; thence run along said Right-of-Way North 00 degrees 02 minutes 32 seconds West a distance of 370.76 feet; thence, departing said Right -of -Way, North 89 degrees 57 minutes 28 seconds East a distance 200.00 feet; thence North 00 degrees 07 minutes 00 seconds West.a distance of 117.17 feet; thence North 89 degrees 53 minutes 00 seconds East a distance of 10.00 feet; thence North 00 degrees 07 minutes 00 seconds West a distance of 60.00 feet; thence South 89 degrees 53 minutes 00 seconds West a distance of 10.00 feet; thence North 00 degrees 07 minutes 00 seconds West a distance of 64.85 feet to a point on the Southerly Right -of -Way line of State Road 512, said point being on a curve concave Northerly and having a radius of 2060.00 feet; thence, from a tangent bearing of North 83 degrees 43 minutes 51 seconds East, run Easterly along the are of said curve and Southerly Right -of -Way line through a central angle of 08 degrees 29 minutes 39 seconds for a distance of 305.40 feet; thence departing said Right -of -Way line, South 00 degrees 07 minutes 00 seconds East a distance of 8.31 feet to the Point of Beginning. LESS AND EXCEPT Road Right of Way. Said property also being shown on that certain ALTA/ACSM Land Title Survey certified to Foltz Martin, LLC, Blue Ribbon Crabapple, LLC, Regions Bank and First American Title Insurance Company, prepared by Tinklepaugh Surveying Services, Inc., signed and sealed by Arthur W. Tucker, P.L.S. No. 4381, dated February 28, 2004, last revised August 26, 2004. TOGETHER WITH the easements contained in that certain Reciprocal Easement, Covenant and Restriction Agreement by and between Sebastian Exchange, LLC and Paradise Central Corporation, dated March 25, 2004, recorded March 30, 2004 in Official Records Book 1710, Page 1576, of the Public Records of Indian River County, Florida. (Easement Parcel A) 337366.1 28 of 98 BK: 1961 PG: 1683 1.13 " Cry I RE ,PP u z 3 N. to 0 0 PAuLsoNN mnuiELL ...�.,. ODIn eH+1,trotf iNCO/fOtATLO ��M �t $oU� Rl nG Cxi iyuDig`N' -' ,9�, to r,om.m W L a Mill m 29 of 98 CR OF MAS HOME OF PE11CM BLAND CI'T'Y OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Craft Club of Agenda No. %e' r 1:3.4050 Sebastian Craft Show Dates for 2013 - 2014 at Riverview Park. Department Origin: e9v�)Kcc Finance Director: Approved for Submittal by: City Manager City Attorney: City Clerk: Date Submitted: April 3, 2013 l e J M ner For Agenda of: April 10, 2013 Exhibits: Park Use Permit Application, Letter and list of dates from Craft CIub President. EXPENDITURE REQUIRED: AMOUNT BUDGETED: NIA. APPROPRIATION None REQUIRED: None SUMMARY The Craft Club of Sebastian is seeping Council approval for its Craft Shaw Schedule for 2013 -- 2014 at Riverview Park. The Craft Club of Sebastian has had shows at Riverview Park for many years and has worked well with the City. The Craft Club donates to many worthy causes in the commuruty. In light of all the community activities the Club is involved with, the Club is requesting cutting all applicable fees by 50 %, This year's show dates are October 5, 2013, November 2, 2013, December 7 & 8, 2013, January 4, 2014, February 1, 2014- March 1, 2014, April 5, 2014 and May 3, 2014. Shows are from 10AM until 4PM at Riverview Park. fain dates for this year's shows are October 6, 2013, November 3, 2013, January 5, 2014, February 2, 2014, March 2, 2014, April 6, 2014 and May 4, 2014. RECOMMENDED ACTION Move to approve cutting all applicable fees by 50% for Craft Club of Sebastian Craft Shows at Riverview Parr from IOAM until 4PM on 1015/13, 11/2113, 1217 & 8/13, 01/4/14, 0211114, 03/1114, 04/5114 and 05/3/14. Move to approve rain dates for Craft Club of Sebastian Craft Shows at Riverview Park on 1016113, 11/3113, 1/5/14,2/2/14, 03/2114, 04/6114 and 5 /4114. 30 of 98 3peciai tvenT tjui or more onTicipoTea anenaees) City Council Approval CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228 -7054 cmcarthy@cityofsebastian.org Date: "T L Please check appropriate box: Securily Pd: ulliv'. Ubt Vlily. Date Initials Permit Fee Pd: Hate Initials City Manager Approval: Date Initials Park Supt. Approval: Date Initials Council Approval: Police Hire Verification: Name of Permittee (permits majonly be issued to an adult) Name of Organization (if applicable) 0 . Physical Address Mailing Address if Different F -. City State Zip Code Phone E -Mail I5��r Illea-) R.16 Facility (Bark or Pavilion) Requested Attendees Requested Date(s) Time From - To � -�I or_ . Anticipated Number of (if applicable) uaoe to appinaolep f� Will there e any sale of goods? Yes V No (If yes, please describe type of goods on back) " Will there be food or other vendors ?. Yes V No (If yes, please list name, address of each on back with �1 description and schematic of structures (tents, etc.) to be erected or otherwise assembled on "h back. (May require Health Dept. or IRC Fire Dept. permit) 31 of 98 I, /`i / Vl � 6 ��/ k$ r , 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 facilities for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribed by the City and agree to the terms thereof. Signature of Applicant CITY OF SEBASTIAN PARK USE PERMIT APPLICATION PAGE TWO List Any Vendor Information and/or Schematics on this page DAME NAME ADDRESS TYPE SCHEMATIC: OFFICE USE ONLY: SPECIAL CONDITIONS IMPOSED BY CITY MANAGER OR CITY COUNCIL: 32 of 98 ca 0 ro CA -i- lcr=- rrvLLq im L April 9, 2013 To: Chris McCarthy., Ci ;.yi91� Supervisor of Parks of Sebastian Sebastian, FL 32958 From: Karen Lampiasi, President of the Craft Club of Sebastian, Inc. 942 Fulton Way Sebastian, Fl. 32958 -8204 Dear Chris McCarthy and City Council, This letter is to request the use of the Riverview Park for our Craft Shows for the year 2013 -2014. We are continually grateful for your permission to use the park so that our Mission/Purpose to make and sell hand -made crafts contributes to the Community of Sebastian and raises funds to give to local charities. We hope that we will be able to use the park for many years to come. Sincerely Yours, t �d�SrL�u�c, Karen Lampiasi, President of the Craft of Sebastian, Inc. Enclosure: Dates for Park use - approval by Council requested - 2013 -2014 34 of 98 Craft Club of Sebastian 2013 -2014 Show Dates @ Riverview Park, Sebastian, Fl. USl SHOW Oct. 5 Nov. 2 - Dec. 7 & 8 Jan. 4 Feb. 1 Mar. 1 Apr. 5 May 3 (2 day Show) RAIN Oct. 6 Nov. 3 Jan. 5 Feb. 2 Mar. 2 Apr. 6 May 4 35 of 98 Mm OF CITY of SEBASTIAN AGENDA TRANSMITTAL, Subject: Road Closures for 5th Annual Agenda No. Zb %, Q55( Sebastian River Middle School 111 Program 5K Run Department Ori ' t� City Attorney: Approved for Submittal by: City Manager Cite Clerk: f Date Submitted: April 3, 2013 For Agenda of: April 10, 2013 AI re inner Exhibits: Park Use Permit Application and Receipt. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A AFPROPRIATION None REQUIRED: None SUMMARY The Sebastian River Middle School 113 Program is seeking Council approval for road closures needed for their 5th Annual 5K Run fundraiser. The run last year was a great success and they worked well with the City. This year's run will be on Saturday, November 2, 2013 from 6:00 to 9:OOAM. The run will start at the large pavilion in Riverview Park, head north on Indian River Drive to Jackson Street and back down to the Park. Indian River Drive from Harrison St. north to Jackson St. needs to be closed from 6:OOAM to 9:OOAM on Saturday, November 2, 2013. Staff will notify businesses along Indian River Drive about the road closures. RECOMMENDED ACTION Move to approve closing Indian River Drive from Harrison St. north to Jackson St. on November 10, 2012 from 6:45AM to 9 :30AM for the Sebastian River Middle School IB Program 5K Run ftmdraiser. 36 of 98 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION rnvcr HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228 -7054 cmcarthy@c4ofsebastian.org Date: Please check appropriate box: _Pavilion Rental Only $100 Security Deposit - $50 Rent plus 7% tax - $53.50 Park Event (75 to 300 anticipated attendees) $100 5ecurity Deposit - $100 rent plus 7% tax - $107 Special Event (301 or more anticipated attendees) City Council Approval $200 5ecurity Deposit - $200 rent plus 7% tax - $214 V1 Name of Permittepl(permits may only be issued to an adult) C(Z I C4__ Office Use Only: Security Pd: Date Initials Permit Fee Pd: Date Initials City Manager Approval: Date Initials Park Supt. Approval: Date Initials Council Approval: Date (if applicable) Police Hire Verification: (If applicable) Initials tv�-t� 1N1. ► ��. Name of Organization (if applicable) Physical Address Mailing Address if Different L OQ a. LO City State Zip Code Phone E -Mail Facility (Park or Pavilion) Requested . of Attendees Requested Date(s) Time From - To Raindate (if applicable) Will there be any sale of goads? Yes No (If yes, please describe type of goods on back) Will there be food or other vendors? Yes No l (tf yes, please list name, address of each on back with description and schematic of structures (tents, etc.) to be erected or otherwise assembled on back. (May require Health Dept. or IRC Fire Dept. permit) 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 facilities for which 1 have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribed by the City and agree to the terms thereof. nature of Applicant 37 of 98 CITY OF SEBASTIAN FINANCE DEPARTMENT RECEIPT 8 4 5 6 Name .96,ri lah P %vz, Middle Tc4o) ❑ Cash ��t V1iBlfntr Date 3 -16.13 heck# 002921 Q,vew,jvv Payi 4-Z-13 6a -94 Amount Paid 001001 208001 Sales Tax 001001 220000 Security Deposit -Com. Center 001001 220000 Security Deposit- YachtSlpb 110. oo Avzs"Aw YYr, j& 001501 322900 Garage Sale Permit 001501 329500 Alarm Citation 001501341920 Copies ' 001501 351140 Parking Citation 001501 354100 Code Enforcement Fines 001501 342100 Police Security Services `l e• 0,0 001501 359000 Other Fines /Forfeitures 001501 362100 Rent - Royalties/ Com. Center 001501 362100 Rent/Royalties/Yacht Club 001501 362150 Park Rent/Pavilion /Elect /60. 04 001501 369900 Other Miscellaneous Revenue Total Paid ZI d-00 Initials White - Dept. of Origin • Yellow - Finance • Pink - Applicant I 38 of 98 01 Ir I -EP 5K HOME OF PELICAN ISLkND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Alcoholic Beverage Approval for Agenda No. f7- 13.05--5- Owen Wedding and Reception at Community Center Department Origin: Q,, itc.' 4.j Finance Director: A prov for Submittal by: City Manager City Attorney: City Cleric: t Date Submitted: April 3, 2013 Al i er For Agenda of. April 10, 2013 Exhibits: Receipt and Copy of Rental Permit Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION None NIA REQUIRED: None SUMMARY Scott Owen is seeking Council approval to serve alcoholic beverages for a wedding reception at the Community Center on May 18, 201' ) from 5 to I IPM. Staff has verified applicant's date of birth. They are expecting 54 to 64 people to attend the Wedding and Reception. RECOMMENDED ACTION Move to approve alcoholic beverages at the Community Center for the Owen Wedding and Reception on May 18, 2413 from 5 to 11 P. 39 of 98 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION MCF Suess HOME OF PELICAN ISLAND 1225 Maid Street Sebastian, FL 32958 Parks Phone: (772) 228 -7054 cmcarthy @cityofsebastian.org Office Use Only: $250 Security Pd: Elate Initials Rental Fee 7% Tax Total Rental Pd: [late Initials City Manager Approval: Date Initials Park Supt Approval: Date Initials City Council Approval: Date (if applicable) Police Hire Verification: (if applicable) initials Date: . � ; -j -a - Community Center ❑ Yacht Club Dame of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) Physical Address '7 7Z . Mailing Address (if different) x ity State f 5 3" Phone E -Mail Beason for Rental — Type of Function tj 0 Anticipated dumber of Attendees (if more than 75 attendees, police services are required by R -1 0-15) M'—)ti A . - Requested Date Please answer the following yes or no: Time: From 1) Are you a resident of Sebastian? 'y 6 �> 2) Will there be an admission charge or door charge? -'-Vc. 3) Will alcoholic beverages be served? V 1�') If yes, please provide govt. issued ID proof of age -2 -vi -83 Date of Birth t" :Vf.+ / " 1 To ,A-,, Verified by the undersigned, acknowledge that I aryl the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the y250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. f� 11 Iu r4 Signature of Applicant r- „I 40 of 98 White - Dept. of Origin • Yellow - Finance • Pink - Applicant I E 41 of 98 CITY OF SEBASTIAN FINANCE DEPARTMENT RECEIPT 8 4 5 8 Name &OTT o WE a� ►Cash Date I ❑ Check # Amount Paid 001001 208001 Sales Tax Q 4�)JL 001001 220000 Security Deposit -Com. Center' 001001 220000 Security Deposit -Yacht Club 001501 322900 Garage Sale Permit 001501 329500 Alarm Citation 001501341920 Copies 001501 351140 Parking Citation 001501 354100 Code Enforcement Fines 001501 342100 Police Security Services 001501 359000 Other Fines /Forfeitures 001501 362100 ca Q Rent - Royalties/ Com. Center 001501 362100 Rent/RoyaltiesNacht Club 001501 362150 Park Rent/Pavilion /Elect 001501 369900 Other Miscellaneous Revenue Total Paid Initials White - Dept. of Origin • Yellow - Finance • Pink - Applicant I E 41 of 98 LMI F SE13ASTLAN HOME OF PELICAN ISLAND Subject: Proposed. Ordinance No. 0 -13 -02 Agenda No. Amending Section 4 of Ordinance 0 -35 -07 Hold Public Hearing and 2 °d Reading Departmen# 0rigi ity Attorney City Manager: i Approved for Submittal by: City Attorney City Cleric: Date Submitted: 04/3/2013 Agenda of: 04/10/2013 Robert A. Ginsburg Exhibits: - Proposed Ordinance No. 0 -13 -02 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A 61V010- ' On March 13, 2013, members of the City Council passed on first reading proposed Ordinance 0 -13 -02 making it clear that housing restricted for seniors does not violate the City's anti - discrimination ordinance. RECOMY[ENDED ACTION Hold a public. hearing, At Council's discretion, adopt Ordinance 0- 13 -02. 42 of 98 ORDINANCE NO. 0 -13 -02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO DISCRIMINATION IN HOUSING; AMENDING SECTION 4 OF ORDINANCE 0 -95 -07 TO PROVIDE AN EXCEPTION FOR THE HOUSING NEEDS OF SENIORS AND THE ELDERLY IDENTIFIED IN THE COMPREHENSIVE PLAN FOR THE CITY OF SEBASTIAN, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this Council has enacted Ordinance 0 -95 -07 broadly prohibiting discrimination in housing within the city; and WHEREAS, this Council, in accordance with State law, has enacted a comprehensive plan, including a housing element, that indentifies the needs and priorities of a variety of housing types within the City; and WHEREAS, the comprehensive plan establishes the need for housing for the elderly in Chapter III of the comprehensive plan, including Objective 1.3 (Special Needs Households), and authorizes implementation through Policy 1.3.2 and Policy 1.3.4 thereunder, and WHEREAS, this Council wishes to expressly provide that compliance with the comprehensive plan is countenanced within Ordinance 0- 95 -07, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1. Section 4 (Exemptions and Exceptions) of Ordinance 0 -95 -07 is hereby amended to add subsection (1) d. as follows: "M d. Nothing contained in Section 3 hereof (Unlawful Housing Practices) shall prohibit the implementation of the goals, policies and objectives of the city's comprehensive plan, as the same may be amended from time to time, Including without limitation, the provision of housing exclusively or primarily for seniors and the elderly." Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 43 of 98 Section 3. Laws in Conflict. Any conflict between Ordinance 0 -95 -07 and the comprehensive plan shall be resolved in favor of the comprehensive plan, as the same may be amended from time to time. Section 4. Effective Date. This ordinance shall take effect immediately upon adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Don Wright Councilmember Jim Hill Councilmember Andrea B. Coy Councilmember Jerome Adams and, upon being The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2013. CITY OF SEBASTIAN, FLORIDA in Mayor Bob McPartlan ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Attorney Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. 2 44 of 98 OTY OF SIBA�ITKN HOME OF PELICAN MLAND AGENDA TRANSMITTAL Subject: City of Sebastian/Fisherman's Agenda No. X4 - 15.0 �/ Landing Sebastian, Inc: Consideration of Modified Lease Department Origin: Comm city D velopment Director: J. Griffin ,J �--� -� A pro d for Submittal by- Finance Director: K. K lgore - Admin Services: D. Krue City Clerk: S.A. Maio Al r, City Manager City Attorney: R. A. Gins urg Date Submitted: 04 April 2013 For Agenda of 10 April 2013 Exhibits: Lease EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- REQUIRED: -0- SUMMARY At the 13 March 2013 City Council meeting, a modified version of the existing lease between the City of Sebastian and Fisherman's Landing Inc. (FLS) was discussed. That discussion was post a public workshop held on 06 March 2013 regarding the same subject matter held in response to a Council request. Since the 13 March Council meeting, two (2) FLS organizational meetings have been held. Those meetings were held to: 1. accomplish organizational requirements internal to FLS, and; 7. to consider the modifications to the underlying lease the City had presented to FLS. At the FLS meeting on 28 March 2013, the FLS membership approved the lease modifications. That FLS signed lease is presented to Council for consideration. Major issues between the existing lease and the modified lease are: • Bifurcation of the leased properties. • Ten (10) year term with a Ten (10) year extension. • Two (2) Annual Special Events. • Additional insurance /hold harmless requirements. • City constructs `new' Fish House. RECOMMENDED ACTION Staff recommends approval of the lease. 45 of 98 LEASE BETWEEN THE CITY OF SEBASTIAN AND FISHERMAN'S LANDING SEBASTIAN, INC. A LEASE made this 10th day of April, 2013, between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation, having its principal office at 1225 Main Street, Sebastian, Florida 32958 hereinafter referred to as the "LESSOR" and FISHERMAN'S LANDING SEBASTIAN, INC., a non - profit corporation organized and existing under the laws of the State of Florida whose address is PO Box 782038, Sebastian, Florida 32978 -2038 hereinafter referred to as the "LESSEE." This document contains thirteen (13) pages. WITNESSETH: WHEREAS, the Sebastian City Council is authorized to lease real property owned by the City to not - for - profit organizations formed for the purpose of promoting community interest and welfare; and, WHEREAS, LESSEE is a Florida not - for - profit organization formed for the purpose of promoting community interest and welfare, which includes the revitalization of Sebastian's Working Waterfront, and whose Members are commercial fishermen (a copy of LESSEE'S corporate documentation is attached as Exhibit "A "); and, WHEREAS, LESSOR owns real Property, hereinafter described below, which is upland to the Submerged Land Lease #310006484; and, WHEREAS, LESSOR has acquired the Property with partial funding from the Florida Communities Trust (FCT), and the Property is subject to certain limitations provided in the FCT Declaration of Restrictive Covenants (as recorded in OR Book 2431, Page 1268 in Indian River County, Florida) ( "Declaration "), the terms of the Declaration are hereby incorporated by reference; and, WHEREAS, as part and condition of the FCT funding, the LESSOR provided and FCT approved, a Working Waterfront Collaborative Management Plan ( "Management Plan ") for the Property, the terms of the Management Plan are hereby incorporated herein by reference and attached hereto as Exhibit "B ". Activities on the Property must adhere to the terms and conditions contained in the Management Plan; and, WHEREAS, FCT shall approve and review all leases, subleases, easements or other similar documents that affect the Property funded by FCT before the documents are executed by any and all parties. FCT's approval shall not be unreasonably withheld. Execution of documents without FCT's prior review and written approval may be deemed null and void; and, 46 of 98 WHEREAS, FCT shall be notified at the Department of Environmental Protection, Florida Communities Trust, 3900 Commonwealth Boulevard, MS #115, Tallahassee, Florida 32399; and, WHEREAS, the Declaration's restrictions on the FCT funded Property are superior to any other restrictions placed upon the Property; and, WHEREAS, LESSOR intends that the conservation and recreation values of the Property be preserved and enhanced in accordance with the Management Plan, as it may be amended from time to time only after review and approval by FCT; and, WHEREAS, LESSEE has applied to LESSOR for a lease of the upland real estate and use of the submerged lands, collectively referred to as the "Leased Premises," for the purpose of commercial fishing docks, off - loading facility and weigh station for use by the Members of the LESSEE and visitation by the general public in designated areas in accordance with the Management Plan; and, WHEREAS, LESSOR has determined that the revitalization and preservation of the Sebastian Working Waterfront promotes community interest and welfare; and, WHEREAS, LESSOR has found that the facilities to be leased to LESSEE are required for the proposed use and LESSEE agrees to maintain the same and make certain improvements; and, WHEREAS, LESSOR desires to lease such Property to LESSEE for the purpose described herein. NOW THEREFORE, in consideration of the foregoing and in further consideration of the mutual covenants contained herein the parties agree as follows: 1. ALL OTHER AGREEMENTS AND LEASES. Upon the final execution of this document, LESSOR and LESSEE agree that the lease executed between the parties on July 28, 2010 and amended on January 5, 2011 is hereby terminated and shall have no further force and effect. LESSOR shall assume LESSEE'S interest in that certain sublease dated June 7, 2011 between the LESSEE and Indian River Seafood, Inc. Nothing herein prohibits the LESSOR and Indian River Seafood, Inc. from renegotiating any lease terms, except that LESSOR acknowledges and will apply remaining rent credits paid to LESSEE under the Memorandum of Understanding dated June 15, 2011 (Exhibit "C ") between the LESSEE and Indian River Seafood, Inc. 2 47 of 98 2. LEASED PREMISES. LESSOR hereby leases unto LESSEE the following premises: A. Uplands property and submerged land lease property located at 1532 Indian River Drive, legally described in Exhibit "D" attached hereto and incorporated herein. A location map, depicting both parcels, is attached hereto as Exhibit "E ". B. All the parking spaces located in the southern one -third (1/3) of the parking lot located on the west side of Indian River Drive, being a part of Lot 3, Block 2 of Middleton's Subdivision of the City of Sebastian as per Plat Book 2 Page 56 . Parking spaces are shown on Exhibit "F ". C. Restroom Facilities: LESSEE shall have a non - exclusive right of use and access to the restrooms at 1540 Indian River Drive during operating hours of the 1540 Indian River Drive facility. The aforementioned restroom access shall satisfy City of Sebastian's restroom code requirements for the operation and development of the facilities at 1532 Indian River Drive. 3. PURPOSE. The LESSEE shall use the Leased Premises solely and exclusively for providing its members a commercial fishing dock, an off - loading fish packing facility, aquaculture, fundraising, special events and other uses that may support the commercial fishing industry as described herein in accordance with the Management Plan. 3A. SPECIAL EVENTS, Two (2) Special Events per year may be conducted by the LESSEE at the leased premises. It is understood that, LESSEE shall have the right to utilize the exterior areas of the premises at 1540 Indian River Drive at no additional cost in conducting said Special Events. All Special Event net revenue will be used to further the mission of LESSEE. At such events, the playing of live music, such as live bands, DJ's or karaoke, is permitted. A "Special Event" shall be defined as a regular yearly, or bi- annual, scheduled activity. Each Special Event is expected to have an attendance exceeding 300 people, excluding staffing personnel on a single day. Special Events may be conducted over a three (3) day period from 9AM through 7PM. Special Events may not conflict with the major events sponsored by the LESSOR which include: the Sebastian Clambake; the 4th of July Celebration; the Fine Arts & Music Festival; and the Pelican Island Wildlife Festival. Execution of this Lease constitutes issuance of the City required Temporary Use Permit for any Special Event, with no fee required, for the term of the Lease. The LESSEE agrees that Special Event(s) shall comport with the Temporary Use Permit requirements of other City Festival's as outlined in a special accommodation plan. Any special accommodation plan shall address issues such as requirements for additional restroom facilities, traffic control, parking, beer and wine consumption only, and special duty police service. Costs for any such accommodation shall be made at the sole expense of the 3 48 of 98 LESSEE. If any FLS Special Event is held on the Leased Premises where alcohol is consumed, it is understood that LESSEE shall obtain, at its expense, appropriate Liquor Consumption Liability Insurance that shall cover the duration of the event. 3B. Upon request by either party, within ten days after a special event, the parties shall meet to discuss better coordination for, and to address any public safety concerns about, future events. 3C. LESSEE /FLS agrees to provide adequate public liability insurance for any event held on the Leased Premises. In addition, FLS shall provide adequate public liability insurance coverage in the event that the property at 1540 Indian River Drive is used as an ancillary venue, in whole or in part, of any FLS Special Event. LESSEE hereby waives all claims and agrees to hold forever harmless LESSOR from any and all claims, lawsuits, judgments, or similar causes of action, for any /all injuries and /or claims to persons or property arising out of Special Event activities conducted by LESSEE on the Leased Premises, or on the premises at 1540 Indian River Drive, if that facility is utilized in conjunction with a FLS Special Event. LESSEE shall indemnify LESSOR against any /all claims, liabilities, loss or damage as a result of Special Event activities. LESSEE agrees to defend LESSOR against any /all claims, at LESSEE'S sole cost and expense. 4. SUBMERGED LANDS LEASE. The parties acknowledge the existence of a Sovereign Submerged Lands Lease #310006484 (see Exhibits "D" & "E "). The parties further understand that this lease may be amended and modified from time to time. LESSOR shall be responsible to acquire, keep and maintain, from the appropriate governmental agency a lease which permits the operations of a working waterfront as enumerated herein. LESSOR shall pay all annual and renewal fees associated with the Submerged Lands Lease. LESSEE acknowledges the restrictions, requirements and regulations contained in the Submerged Lands Lease #310006484 and agree to use the Leased Premises in accordance with such lease provisions and directives. Any default, breach or noncompliance issues shall be the sole responsibility of the LESSEE. 5. TERM. LESSOR leases to the LESSEE the Leased Premises for an initial term of TEN (10) years. If the LESSEE is in full compliance with its obligations and responsibilities hereunder, then the lease term shall be automatically extended for an additional TEN (10) years on the same terms and conditions as provided for herein as long as the LESSEE gives written notice to that effect within ninety (90) days prior to expiration of the initial term. 6. RENT. In recognition of LESSEE'S capital investment at 1540 Indian River Drive, LESSEE shall pay rent of $1 per month for the term of the lease. 4 49 of 98 7. POTENTIAL REVENUE. It is anticipated that the Leased Premises may generate revenue via the rental of commercial boat slips, and the wholesale commerce of aquaculture and fish products. LESSEE shall establish, impose control, and collect all such revenues. LESSEE shall use such revenues in order to finance capital improvements, fund - raising activities including those set forth in paragraph 3A, pay general working waterfront operation expenses, and to advance the LESSEE'S mission as enumerated in its By -Laws and Articles of Incorporation (Exhibit "A "). It is understood that any revenue generated from FLS operations to include boat slip rental, fish wholesales, aquaculture commerce, or any /all operations in furtherance of the working waterfront mission, shall be at fair market value as determined by local industry standards. LESSEE shall give LESSOR no less than fifteen (15) calendar days prior written notice of any proposed revenue source to be generated on the Leased Premises that is not expressly addressed in this lease. If LESSOR objects to the proposal and the parties cannot resolve the issue, the matter shall be submitted in writing to FCT and, if FCT determines that the revenue source violates the grant covenants, LESSEE shall not conduct such activity. Collection of any general visitor admission fee shall be prohibited without the written consent of the LESSOR. 8. IMPROVEMENTS. The Leased Premises are accepted by the LESSEE "as is." The following improvements schedule is adopted: A. LESSOR, at its sole cost and expense, shall design, permit and construct an, approximately, 1,500 square foot, single story fish house, including adequate electrical and potable water service, along with any improvements and specifications required by any governmental authority having regulatory or review approval jurisdiction, in the footprint of the existing above water structure. LESSEE shall appoint one representative to provide LESSOR with fish house design consultation on a no fee basis. The fish house shall serve as the primary weighing and fish processing station. The fish house will be open to the general public to view and receive education about the commercial fishing industry in Sebastian, Florida. Upon execution of this Agreement, LESSOR will appropriate funds for construction and make a good faith effort to complete construction within TWO (2) years after final consent of all necessary plans, permits, and approvals by all regulatory agencies. LESSOR shall make a good faith effort to pursue appropriate planning, permitting, and any /all regulatory approval in a timely manner. LESSOR shall make a good faith effort to seek supporting grant funding for the project as expeditiously as possible. B. LESSOR, at its sole cost and expense, shall design, permit and construct a boardwalk as depicted on Exhibit "G ". 50 of 98 C. LESSOR, at its expense, shall remove the existing raceways in conjunction with the construction of the "Fish House." If LESSEE determines that the removal of the existing raceways interferes with aquacultur operations, LESSOR shall construct an amount of upwellers at the site equal in value to the removed raceways. In no case, shall any aquacultural operations or equipment block the view of the Fish House. D. LESSEE, at its sole cost and expense, shall install and maintain docks and boat slips as may be determined by the LESSEE as necessary for the operation of the working waterfront. At the end of the term of this Lease, LESSEE shall deliver the Leased Premises to LESSOR in good repair and condition, reasonable wear and tear excepted. With the exception of privately owned or leased equipment, all installations, fixtures, alterations, additions and /or improvements, on the Leased Premises, shall become the property of LESSOR and, on termination of the Lease, shall be surrendered with the Leased Premises in good condition. 9. OPERATIONAL ADHERENCE. In addition to the duties, and obligations, provided in this Lease Agreement, LESSEE shall comply with all requirements of the Stan Mayfield Working Waterfront Grant Contract (Exhibit "H ") and The City of Sebastian Working Waterfront Collaborative Management Plan (Exhibit "B "). The Declaration of Restrictive Covenants (Exhibit "I "), issued by FCT, are superior to any other restrictions placed upon the Property. Other than provisions specifically superseded by FCT and this Lease Agreement, LESSOR shall not interfere with the operations of the LESSEE. 10. BUILDING, UTILITIES, MAINTENANCE AND REPAIRS. A. LESSEE agrees that all portions of the Leased Premises shall be kept in good repair and condition by LESSEE. LESSEE shall maintain and make all necessary repairs and alterations with respect to the Leased Premises to keep the Leased Premises in good condition. LESSEE'S sole right of recovery shall be against it's insurers for losses, or damage, to stock, furniture and fixtures, equipment, improvements, and betterment. LESSEE agrees to make or contract for emergency repairs and provide protective measures necessary to protect the Leased Premises from damage and to prevent injury to persons or loss of life. LESSEE agrees to use its best efforts to insure that the Property is maintained in an attractive condition and in a good state of repair. LESSEE shall also keep the Leased Premises free of trash and debris. 6 51 of 98 B. The interior and exterior of the Leased Premises shall be kept clean. It shall be LESSEE'S responsibility to provide and pay for landscaping and exterior maintenance. C. LESSEE shall be permitted non - exclusive right to use dumpster service, without a fee, on LESSOR'S adjoining Property for non - perishable products, as long as such services are in existence. D. LESSEE shall be entitled to reasonable use of existing electrical and water service without additional charge in those parking areas dedicated to LESSEE'S use on the west side of Indian River Drive. 11. INSURANCE, INDEMNIFICATION AND DAMAGE BY CASUALTY. A. LESSOR shall procure and maintain, during the term of this Lease, public liability all risk insurance adequate to protect the LESSOR against liability for any and all damage claims that may arise due to the activities of the LESSEE in amounts that are determined by the LESSOR. In no fashion shall LESSOR be liable for any claims arising between LESSEE and its agents resulting in damage to the City -owned facilities due to negligence of LESSEE less normal wear and tear. B. LESSOR shall procure and maintain, during the term of this Lease, fire and other casualty and property insurance, including wind damage coverage in amounts as reasonably determined by the LESSOR. C. In the event LESSEE has paid employees, LESSEE agrees to procure and maintain, during the term of this Lease, applicable worker's compensation insurance for all its employees employed in connection with the business operated under this Lease. Such insurance shall fully comply with the Workers' Compensation Law, Chapter 440, Florida Statutes. The workers' compensation insurance policy required by this Lease shall also include Employers Liability. LESSEE shall provide proof of workers' compensation insurance as required by law, if applicable. D. LESSEE shall require its members, agents, assigns, or business invitees upon the Leased Premises, acting in furtherance of the working waterfront operation, to execute, in a form acceptable to LESSOR, a waiver and release of LESSOR from any /all claim arising from the operation of the working waterfront core mission. LESSEE shall maintain such releases on file and, upon request, shall provide copies to LESSOR. For purposes hereof, tourist and educational activities shall not be considered working waterfront activities. E. LESSEE hereby waives all claims and agrees to hold forever harmless LESSOR from any and all claims, lawsuits, judgments, or similar causes 52 of 98 of action, for any /all injuries and /or claims to persons or property arising out of the activities conducted by LESSEE on the Leased Premises. LESSEE shall indemnify LESSOR against any /all claims, liabilities, loss or damage as a result of activities on the Leased Premises. LESSEE agrees to defend LESSOR against any /all claims, at LESSEE'S sole cost and expense. 12. TAXES. LESSEE will be required to pay all taxes or other levies or assessments lawfully levied against the subject Property during the term of the Lease, if any. 13. LESSEE'S RESPONSIBILITIES. A. LESSEE agrees and covenants that it will not substantially amend or otherwise change its articles of incorporation, bylaws or rules and regulations without the prior notification to LESSOR. Copies of LESSEE'S articles of incorporation, bylaws and rules and regulations are attached hereto and incorporated herein as Exhibit "A ". LESSEE shall ensure that its members are required to annually meet the membership criteria set forth in its rules and regulations. LESSEE agrees annually to certify to LESSOR, on or before August 15th of each year, those Members who continue to qualify for corporate membership as well as those Members who shall be no longer qualified as Members. B. LESSEE, it's Members, Officers, employees and invitees, when on the premises, agree to follow and abide by all local, state and federal laws, ordinances and regulations and to follow and abide by the rules and regulations of the City of Sebastian, Community Redevelopment Agency, and the State of Florida as may be amended from time to time. C. LESSEE agrees to keep books, accounts and records that reflect all revenues and expenditures received in connection with the management and operation of the Property as set forth in paragraph 7. The books, accounts and records shall be maintained in accordance with generally accepted accounting principles and located at LESSEE'S principal place of business. LESSEE shall make the books, accounts and records required to be maintained hereunder available to the LESSOR for examination or audit during normal business hours, upon five (5) days written notice. In addition, LESSEE shall provide LESSOR with a copy of its annual audit and other financial statement(s) relating to LESSEE'S occupancy and use of the Leased Premises by September 30th of each year. 14. INSPECTION BY LESSOR. The LESSOR and its agents, upon reasonable notice, may make periodic inspections of the Leased Premises to determine whether LESSEE is operating in compliance with the terms and conditions of this s 53 of 98 Lease. The LESSEE shall be required to make any and all changes required by the LESSOR, which are necessary to ensure compliance with the terms and conditions of this Lease and /or any applicable law(s) or regulation(s). 15. PROHIBITION ON ASSIGNMENT AND ENCUMBRANCES. LESSEE shall not assign this Lease and, except as specifically authorized herein, shall not sublet the Leased Premises to any other party without the prior express written approval of LESSOR. This covenant shall be binding on the successors in interest of LESSEE, if any. LESSEE shall be permitted to sublease dock slips and upland areas for clam raceways to licensed commercial fisherman. Preference for slips and upland rental shall be given to Sebastian commercial fisherman. LESSEE shall keep written records of all subleases as well as the names, license, commercial qualifications, dates of sublease, and rents. LESSEE shall not mortgage, pledge, or encumber this Lease, in whole or in part, or the leasehold estate granted under this Lease. Any attempted mortgage, pledge, or encumbrance of this Lease, or the leasehold estate granted under this Lease, shall be void and may, at the sole option of the LESSOR, be deemed an event of default under this Lease. This covenant shall be binding on the successors in interest of LESSEE, if any. LESSEE shall not pledge the LESSOR'S credit or make it a guarantor for payment or surety for any contract debt, obligation, judgment, lien or any form of indebtedness. LESSEE warrants and represents that it has no obligation or indebtedness, which would impair its ability to fulfill the terms of this Lease. 16. MISCELLANEOUS CONDITIONS. A. LESSEE agrees all Members and persons engaged in commercial fishing and related activities on the Leased Premises shall be at all times subject to the LESSEE'S sole direction, supervision and control and shall not be considered employees, agents or servants of the LESSOR. B. LESSEE agrees that it shall at all times prohibit recreational vessels at the Leased Premises. LESSEE agrees that none of the vessels docked at the Leased Premises will be used as a live aboard vessel for more than a forty -eight (48) hour period. C. LESSEE agrees to park its vehicles in places specifically designated by this lease and further agrees that no parking will occur in landscaped areas or blocking any sidewalk or street. LESSEE shall prohibit commercial truck parking on the Leased Premises for any duration other than what is reasonable for loading or unloading purposes. LESSEE shall prohibit boat trailer parking on the Leased Premises for any duration other 9 54 of 98 than what is reasonable for loading or unloading purposes. The parties recognize that the ongoing redevelopment efforts within the Sebastian CRA may result in changes in parking as well as the configuration of vehicle parking on or adjacent to the Leased Premises. LESSEE agrees to cooperate and coordinate with LESSOR in connection with parking projects and /or reconfiguration. D. LESSEE shall have the right to tow vehicles, in accordance with Florida Statutes, from parking areas dedicated to them by this Agreement, if they solely determine that such parking interferes with operations at the working waterfront. Government vehicles parked in the subject area, in support of a governmental function, are exempt, and shall not be towed. E. LESSEE agrees to prohibit unauthorized persons on the Leased Premises and to prohibit trespassing on the Leased Premises by use of appropriate signage. LESSOR agrees to provide said signage at its expense. F. LESSEE agrees to develop a fuel /hazardous substance containment plan within sixty (60) days of the date of this Lease. G. LESSEE for itself, and its permitted successors in interest, as a part of the consideration for this Lease, does hereby covenant and agree that: (1) No person shall be subject to discrimination in connection with LESSEE'S use of the Leased Premises on the basis of age, sex, physical handicap or other disability, race, color, national origin, religion or ancestry; and, (2) LESSEE shall not discriminate against any employee or applicant for employment in connection with the Leased Premises and the leasehold estate granted hereunder with respect to hiring, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment on the basis of age, sex, physical handicap or other disability, race, color, religion, national origin or ancestry; and, (3) LESSEE agrees that its facilities and programs shall, at all times, comply with the Americans with Disabilities Act (ADA), if applicable. LESSOR and LESSEE recognize that the commercial fishing docks are not a public accommodation, however, LESSEE shall cause the Leased Premises to at all times comply with all applicable ADA requirements that may be in effect from time to time. H. LESSEE shall furnish LESSOR with a list of its Officers and Board of Directors and notify LESSOR of the names of any new Officers and Board of Directors at the time of their election. LESSEE shall furnish LESSOR 10 55 of 98 with the names and addresses of LESSEE'S Officers and employees who have the authority to pay LESSEE'S bills. I. LESSEE shall assist the LESSOR in providing information and documentation, in a timely manner, as it relates to providing the Florida Communities Trust (FCT) with an annual report. 17. TERMINATION. A. The LESSOR may have the right to terminate this Lease upon the occurrence of any of the following, hereinafter referred to as "Event of Default." (1) Institution of proceedings in voluntary bankruptcy by the LESSEE. (2) Institution of proceedings in involuntary bankruptcy against the LESSEE if such proceedings continue for a period of ninety (90) days and are not dismissed. (3) Assignment of this Lease for the benefit of creditors. (4) Abandonment by LESSEE of the Leased Premises or discontinue of operation of the Leased Premises to the permitted uses for more than sixty (60) calendar days. (5) Dissolution, whether voluntary or involuntary, of LESSEE'S not -for- profit corporation. (6) Default, non - performance or other noncompliance with any covenant, requirement or other provision of any nature whatsoever under this Lease. B. Upon the occurrence of an Event of Default, the LESSOR shall send a written notice to LESSEE, setting forth the Event of Default in specific detail and the date this Lease shall terminate in the event LESSEE does not cure the default to the reasonable satisfaction of the LESSOR. In no case shall the lease terminate less than thirty (30) calendar days from LESSEE'S receipt of any Default Notice. C. In the event LESSEE fails to cure the Event of Default within the time established by LESSOR this Lease shall be deemed to be terminated with no further action by the LESSOR. In no event, however, shall such termination relieve LESSEE of its obligation to pay any and all remaining rent due and owing to the LESSOR for the period up to and including the date of termination, or to provide any and all remaining reports to the LESSOR for such period. 11 56 of 98 D. LESSEE shall have the right, upon providing thirty (30) days prior written notice to the LESSOR in the manner set forth in this Lease, to terminate this Lease at any time for any reason. 18. INTEGRATION. The drafting, execution and delivery of this Lease by the parties has been induced by no representations, statements, warranties or agreements other than those expressed in it. This Lease contains the entire agreement between the parties and there are no further or other agreements or understandings written or oral in effect between the parties relating to its subject matter. This Lease cannot be changed or modified except by written instrument executed by all parties hereto. This Lease and the terms and conditions hereto apply to and are binding upon the legal representatives, successors and assigns of both parties. 19. SEVERABILITY. If any term of this Lease or the application thereof to any person or circumstances shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. 20. NOTICES. All notices required under this Lease shall be sent by certified mails as follows: LESSOR: City of Sebastian 1225 Main Street Sebastian, Florida 32958 -4165 ATTN: City Manager A Copy shall be provided to the Sebastian City Attorney's Office. LESSEE: Fisherman's Landing Sebastian, Inc. Post Office Box 782038 Sebastian, FL 32978 -2038 21. GOVERNING LAWNENUE. This Lease shall be governed and construed in accordance with Florida law. In the event that litigation arises involving the parties to this Agreement, venue for such litigation shall be in Indian River County, Florida. 12 57 of 98 IN WITNESS WHEREOF, the Parties have executed this Lease on the date set forth above. ATTEST: Sally Maio, MMC City Clerk Witness By :, Print Name REVIEWED AND APPROVED FOR FLORIDA COMMUNITIES TRUST BY: Division of State Lands Florida Communities Trust Print Name — Title LESSOR City of Sebastian, Florida Bob McPartlan Mayor APPROVED AS TO FORM AND CORRECTNESS Robert A. Ginsburg City Attorney LESSEE Fisherman's Landing Sebastian, Inc. Tim Adams, President 13 58 of 98 CITY Of 5E HOME OF PELICAN ISLAND Subject. Proposed Resolution R-13-06 Agenda No. 12,4 - 13. 006 Green Energy Works Program Department org' :ana r r Submittal by: City Manager City Attorney. Irli City Clerk: Date Submitted: 04/02/2013 n Agenda of: 04/10/2013 Exhibits: - Proposed Resolution R -13 -06 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: NIA NIA REQUIRED; NIA The proposed Resolution R -13 -06 authorizes and initiates the City's participation in the Florida Green Energy Works Program. RECOMMENDED ACTION At Council's discretion, adapt Resolution R- 13 -0b. 59 of 98 RESOLUTION NO. R -13 -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, EXPRESSING THE CITY'S SUPPORT AND INTENTION TO CREATE WITHIN THE CITY, THE "FLORIDA GREEN ENERGY WORKS PROGRAM" A VOLUNTARY PROGRAM PROVIDING INTERESTED PROPERTY OWNERS WITH THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY IMPROVEMENTS ON THEIR PROPERTY BY REPAYMENT THROUGH NON -AD VALOREM ASSESSMENTS ON THEIR PROPERTY TAX BILL; AUTHORIZING THE MAYOR OF SEBASTIAN TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY FOR ADMINISTRATION OF THE FLORIDA GREEN ENERGY WORKS PROGRAM IN THE CITY OF SEBASTIAN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, home and business energy consumption accounts for a large portion of the overall usage of energy in a community; and WHEREAS, there is a vast quantity of existing structures with many years of remaining life before replacement, and these structures are not as energy efficient as today's standards, nor do many existing buildings have renewable energy systems installed to provide some or all of their electric energy needs and many buildings are in need of improvements to protect them against damage from storm events; and WHEREAS, installing energy efficiency, renewable energy and wind resistance improvements on existing structures can provide significant progress towards increased energy conservation and protection of the properties in the City and statewide; and WHEREAS, the upfront costs of these improvements are a hurdle to installing them and existing financing options may be insufficient for property owners to access cost - effective financing for energy- saving or wind - resistance property improvements due to requirements associated with traditional debt or equity financing options; and WHEREAS, the expected life of energy efficiency, renewable energy or wind resistance projects may require a longer term payback period than offered by traditional financing, which may necessitate alternative options to fund installation of the improvements; and WHEREAS, local governments within Florida and nationally have either formed, or are contemplating the formation of, programs to provide alternative financing options allowing a property owner to voluntarily finance energy efficiency and renewable energy improvements through non -ad valorem assessments repaid through their property taxes; and WHEREAS, the State of Florida has declared it the public policy of the State to develop energy management programs aimed at promoting energy conservation and protecting properties from wind damage; and 60 of 98 WHEREAS, the financing provided to these participating property owners will be repaid through non -ad- valorem assessments levied on their property tax bills and only those property owners who want to participate will be levied the assessment; and WHEREAS, the benefits of these energy financing programs include improved air quality, lowered fossil fuels use, creating energy independence and security, promoting the creation of jobs and economic development by stimulating "green industries" and saving citizens money by reducing energy consumption; and WHEREAS, Section 163.08, F.S. authorizes local governments in Florida to either form individually, or in partnership with other local governments, programs to allow property owners to voluntarily finance energy efficiency, renewable energy or wind resistance improvements; and WHEREAS, other local governments in the State are able to partner in the Florida Green Energy Works program by executing an Interlocal Agreement creating the Florida Green Finance Authority to administer the program, thus eliminating the costs and reducing the efforts to form an energy financing program by individual local governments; and WHEREAS, the Florida Green Finance Authority is already creating the financing, levy and collection process to implement the Florida Green Energy Works program through the local government partners; and WHEREAS, the Florida Green Energy Works program will provide significant benefits including property owner cost savings, enhancing property values, economic development and job opportunities and the City of Sebastian believes that it is in the best interests of the health, safety and welfare of its citizens to participate in the program and authorize the City Manager and City Attorney to finalize the Interlocal Agreement creating the Florida Green Finance Authority and begin the steps to create the Florida Green Energy Works program in the City of Sebastian. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, THAT: Section 1. The above declarations are true and accurate, and are incorporated herein. Section 2. The City Council of Sebastian, a municipal corporation, hereby authorizes participation in the Florida Green Finance Authority to implement the Florida Green Energy Works program. Section 3. The City Council hereby authorizes the City Manager and City Attorney to finalize an Interlocal Agreement with the Florida Green Finance Authority, and further authorizes the Mayor of Sebastian to execute the Interlocal Agreement on behalf of the City. Section 4. The City Council hereby directs the City Manager and City Attorney to begin creating the levy and collection process for the voluntary non -ad valorem assessments with the Florida Green Finance Authority and Indian River County Property Appraiser and Tax Collector. Section 6. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 6. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. 61 of 98 The foregoing Resolution was moved for adoption The motion was seconded by Council Member vote, the vote was as follows: by Council Member and, upon being put into a Mayor Bob McPartlan Council Member Jerome Thomas Vice Mayor Don Wright Council Member Jim Hill Council Member Andrea Coy The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2013. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 62 of 98 PARTY MEMBERSHIP AGREEMENT TO THE FLORIDA GREEN FINANCE AUTHORITY WHEREAS, Section 163.01, F.S. the "Florida Interlocal Cooperation Act of 1969," authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS, the Town of Lantana, Florida, a Florida municipal corporation ( "Lantana ") and the Town of Mangonia Park, Florida, a Florida municipal corporation, ( "Mangonia Park ") entered into an Interlocal Agreement, dated June 11, 2012, establishing the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements, and to provide additional services consistent with law; and WHEREAS, the City of Sebastian desires to become a member of the Florida Green Finance Authority in order to facilitating the financing of qualifying improvements for energy conservation for those located within the City of Sebastian; NOW, THEREFORE, it is agreed as follows: 1. The Interlocal Agreement between the Florida Green Finance Authority, the Town of Lantana and the Town of Mangonia Park, entered into on June 11, 2012 (the "Interlocal Agreement "), for the purpose of facilitating the financing of qualifying improvements for energy conservation and efficiency via the levy and collection of voluntary non -ad valorem assessments on improved property is hereby supplemented and amended on the date last signed below by this Party Membership Agreement, which is hereby fully incorporated into the Interlocal Agreement. 2. The Florida Green Finance Authority, together with its member parties, and the City of Sebastian, with the intent to be bound thereto, hereby agree that the City of Sebastian shall become a party to the Interlocal Agreement together with all of the rights and obligations of parties to the Interlocal Agreement. 3. The Service Area of the Florida Green Finance Authority shall include the legal boundaries of the City of Sebastian. 4. The City of Sebastian hereby agrees to appoint a representative to serve as an Authority Board Director serving an initial term of three (3) years. All parties acknowledge that the remaining Directors will each be appointed by the governing body of the first party from each requisite water management district boundary area that joins the Authority through execution of this Agreement and that desires to serve as a Director. 5. The City of Sebastian designates the following as the respective place for any notices to be given pursuant to the Interlocal Agreement Section 27: CITY MANAGER AL MINNER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 63 of 98 With a copy to: CITY ATTORNEY ROBERT A. GINSBURG CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 6. This Party Membership Agreement shall be filed by the Authority with the Clerk of the Circuit Court in the Public Records of Palm Beach County and Indian River County as amendment to the Interlocal Agreement, in accordance with Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties hereto subscribe their names to this Interlocal Agreement by their duly authorized officers. ATTEST The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes By: Secretary of the Authority Approved by Authority Attorney As to form and legal sufficiency ATTEST By: Sally A. Maio, MMC City Clerk (City Seal) By: Chair of the Authority Authority Attorney City of Sebastian a municipal corporation of the State of Florida By: Bob McPartlan, Mayor Approved as to form and legality for Reliance By the City of Sebastian only: Robert A. Ginsburg, City Attorney 64 of 98 error SET" iiOW OF PEUCM tsL"D City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R -13 -07 Agenda No: Supporting the Indian River Lagoon Department Origin: City Manager Coalition AroMY or Submittal by: net, City Manager Date Submitted: April 3, 2013 For Agenda of: April 10, 2013 City Attorney: !` . , J. Exhibits: R- 13 -07, Call to Action, Current Coalition Member List SUMMARY STATEMENT The City of Sebastian wishes to pledge its cooperation and support for the Indian River Lagoon Coalition and participate in efforts to correct the conditions affecting the health of the Indian River Lagoon. RECOMMENDED ACTION Adopt Resolution No R- 13 -07. RESOLUTION NO. R -13 -07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING THE NEED FOR ACTION TO ADDRESS THE HEALTH OF THE INDIAN RIVER LAGOON ECOSYSTEM; SUPPORTING THE ACTIVITIES OF THE INDIAN RIVER LAGOON COALITION; PLEDGING THE COOPERATION OF THE CITY OF SEBASTIAN IN EFFORTS TO FIND SOLUTIONS TO RESTORING THE HEALTH OF THE INDIAN RIVER LAGOON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River Lagoon is a 156 mile long estuarine ecosystem that contributes $3.7 billion to the coastal economy of Indian River County and four additional other counties; and WHEREAS, high nutrient inputs to the Indian River Lagoon result from stormwater releases, runoff, seeping septic systems, and sewage treatment plant overflow events along the 156 miles of the ecosystem; and WHEREAS, these pollutants continue to degrade the Indian River Lagoon ecosystem, leading to declining habitat quality for fish and wildlife, including dolphins, sea turtles, manatees and birds; and WHEREAS, such high nutrient inputs have also detrimentally affected seagrass beds in the Indian River Lagoon, which seagrass beds are the biological foundation of this ecosystem and a prime indicator of the health of the Indian River Lagoon; and WHEREAS, the significant loss of these seagrass beds, as well as mangroves, oyster reefs and wetlands, affects the viability of both lagoon and ocean fisheries as well as habitat for birds and other wildlife; and WHEREAS, the continuing degradation of the Indian River Lagoon ecosystem indicates that past and current efforts to address these effects may not be sufficient; and WHEREAS, success in reversing this trend will require the leadership, support and cooperation of federal, state, county and city governments in cooperation with non - profit organizations, corporations, small businesses, and individuals; and WHEREAS, the Indian River Coalition was envisioned to enable such a cooperative effort aimed at the revitalization and restoration of the health of the Indian River Lagoon ecosystem; and WHEREAS, the City Council of the City of Sebastian, Florida desires to express support for the Indian River Lagoon Coalition and pledge the cooperation of the City of Sebastian in working to correct the aforementioned problems affecting the Indian River Lagoon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA as follows: herein. Section 1. The foregoing "Whereas" clauses are hereby adopted and incorporated 66 of 98 Section 2. The City Council of the City of Sebastian hereby expresses its support for the efforts of the Indian River Lagoon Coalition and pledges cooperation of the City of Sebastian in the goal of finding solutions and developing and implementing a viable plan for successfully restoring the health of the Indian River Lagoon. Section 3. This Resolution shall take effect upon its adoption. The foregoing Resolution was moved for adoption by seconded by , and upon, being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this 10th day of April 2013. CITY OF SEBASTIAN, FLORIDA Bv: Bob McPartlan, Mayor ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney 2 67 of 98 Indian River Lagoon Coalition "A Call to Action" Our Indian River Lagoon is on life support, dying before our eyes. This is a call to develop a unified plan to work together to restore the Lagoon before it's too late. The Indian River Lagoon's seagrass beds are the biological foundation of the 156 mile long estuarine ecosystem which supports the coastal economy of 5 counties. This ecosystem is in dire need of our directed, concerted assistance. We recognize and commend significant efforts by government, individuals and organizations that have contributed to the knowledge of the lagoon and its varied habitats, increased awareness and worked to correct some of the problems. Unfortunately, continued degradation of the Lagoon indicates that those efforts have been insufficient. Success in turning this trend will require the leadership and financial support of federal, state, county and city governments in cooperation with non - profit organizations, corporations, small businesses and individuals. Government leadership is essential to solve this problem because it has the power to construct improvements, regulate, fund, enforce, acquire land, mitigate and provide services. Research and monitoring of the Lagoon provide data that demonstrate the gravity of the problem, but simultaneously can guide us towards future solutions necessary to revive the Lagoon. 1. Seagrass coverage is the prime indicator of the health of the Lagoon (1). During a two year period (2009 -11) there has been an estimated 43% loss in area covered by seagrass which is equivalent to approximately 53 square miles (z). 2. The Lagoon contributes $3.7 billion to the coastal economy annually (s). Seagrass productivity contributes between $10- 20,000 annually per acre per year in economic benefit (a). Based on seagrass losses over the last two years the economic loss is approximately $340 million annually (s). 3. Pollutants are degrading the Lagoon. Lesions on fishes and sea turtles, flesh- eating fungus on dolphins and fish kills are increasingly common, demonstrating declining habitat quality (6). 4. Habitat loss of seagrass beds, mangroves, oyster reefs and wetlands is affecting the viability of lagoon and ocean fisheries, as well as bird and manatee health and will continue to decline unless action is taken! 68 of 98 5. High nutrient inputs to Lagoon waters result from storm water releases, runoff, seeping septic systems and overflow events at sewage treatment plants. The cumulative results of those events reduce water quality creating a chain of negative impacts on the Lagoon, including recent algae superblooms. The health of the Indian River Lagoon is a foundation of economic viability and social wealth for the Treasure and Space Coasts. An overall vision and viable plan to restore the Lagoon back to health is the top priority. We the undersigned believe a successful Lagoon remediation will require government leadership and community commitment by all. We cannot delay - the future of the Lagoon is in our hands and must be addressed on our watch. This document is a "Call to Action" for our governments to accept this leadership role. Individual: Organization: Contact Person: Address: Telephone: Signature Return to one of the following: E -Mail: John Orcutt Doug Graybill 4665 Pebble Bay South 500 Palm Island Lane Vero Beach, FL 32963 Vero Beach, FL 32963 pulex0bellsouth.net DougC&GraybillGroup.com Date References: 1. IRL NEP, Indian River Lagoon National Estuary Plan. 2008. Indian River Lagoon assessment and analysis update, final report, contract no. 24706. Indian River Lagoon National Estuary Program, Palm Bay, Fl. Steward, J.S., R. Brockmeyer, R. Virnstein, P. Gostel, P. Sime, and J. VanArman. 2003. Indian River Lagoon Surface Water Improvement and Management (SWIM) Plan, 2002 Update. St. Johns River Water Management District, Palatka, Florida and South Florida Water Mangement District, West Palm Beach, Florida 2. St John's Water Management District; preliminary data 3. Environmental Protection Agency, National Estuary Program, 2007 4. Dennis Hanisak, PhD, Harbor Branch Oceanographic Institute, personal communication 5. 33,920 acres of seagrass loss in the IRL from 2009 -2011 x $10,000 /acre /year 6. Edith Widder, PhD, Ocean Research and Conservation Association, personal communication 69 of 98 Indian River Lagoon Coalition Supporters 1. American Institute of Architects (AIA) - Treasure Coast Chapter 2. Anglers for Conservation 3. Aquatic Research and Communication 4. Atlantic Financial Services S. Audubon Florida 6. Best Industries, Inc. 7. Christ By the Sea United Methodist Church 8. City of Fellsmere 9. City of Vero Beach 10. Dartmouth Club of Vero Beach 11. Don Smith's Paint Store 12. Environmental Learning Center 13. Eugenia Chapter of the Florida Native Plant Society 14. Estuarine, Coastal and Ocean Science, Inc. 15. Father and Sons 16. Florida Oceanographic Society 17. Friends of the St. Sebastian River 18. Garden Club of Indian River County 19. Harvard Club of Vero Beach 20. Healthway of Vero Beach 21. Indian Riverkeeper 22. Indian River Land Trust 23. Indian River Ministerial Association 24. Indian River Neighborhood Association 25. J & G Organics 26. Joey's Seafood Shack 27. Keep Indian River Beautiful 28. Kiwanis Club of Vero - Treasure Coast 29. Main Street Vero Beach 30. Marine Resources Council 31. Mary Mack Cleaning Service 32. Ocean Research and Conservation Association, Inc. 33. Past and Present Interiors 34. Patty's Printing, Inc. 35. Pebble Bay Homeowners Association 36. Pelican Island Audubon Society 37. Professional Outfitters 38. Rotary Club of Vero Beach Sunrise 39. Save Our Shores 40. Sea Oaks Property Owners Association 41. Sebastian Property Owners Association 42. Sierra Club - Turtle Coast Group 43. Social Justice Committee of the Unitarian Universalist Fellowship of VB 44. Smith College Club of the Treasure Coast 45. South Beach Property Owners Association 46. Sunshine Furniture 47. Surlaterre Landscape Architecture 48. Sustainable Indian River, Inc. 49. Town of Orchid 50. Town of Indian River Shores 51. Treasure Coast Progressive Alliance 52. Vascular Interventional and Vein Associates 53. Vassar Club of Vero Beach 54. Vero Beach Book Center 55. Vero Beach Choral Society 56. Vero Beach Power Squadron 57. Vero Heritage Inc. 58. Vero Isles Association, Inc. 59. Visiting Nurses Association of the Treasure Coast, Inc. 60. Wellness Center 61. Wild Properties, Inc. 62. Yale Club of the Treasure Coast 70 of 98 Subject: aiY OF IBASTMN HOME Of PELICAN ISLkNG AGENDA TRANSMITTAL Stormwater Stewardship Report Submittal by: SUMMARY Agenda No. /Z_ C ` IJ-05& Department Origin: CiLy Manager Date Submitted: 4 APR 12 For Agenda Of: 14 APR 12 As regional focus is placed on the deteriorating condition of the Indian River Lagoon and ideas are sought to improve water quality, Vice - Mayor Wright requested that my office provide a brief report on projects the City has completed to improve storm water quality. To complete this request, I researched various projects dating back to approximately 2005. Below is a list of projects the City can use to promote environmental stewardship. In total, there are 12 projects which equal a City investment of $7,535,944. COMPLETED PROJECTS PROJECT NAME TOTAL PROJECT AMOUNT NEEDED FOR STORMWATER IMPROVEMENT Potomac $181,000 $181,000 Main Street --Twin Ditch $1,073,774 $1,073,774 Periwinkle Drive $569,389 $569,389 Middle Stonecrop $191,862 $191,862 Lower Stonecrop $23,225 $23,225 Collier Creek Canal $4,920,852 $4,920,862 IRDJDavis Street Baffle Box $170,331 $170,331 SUBTOTAL $7,130,444 $7,130,444 PROGRAMMED PROJECTS PROJECT NAME PROJECT ESTIMATE AMOUNT NEEDED FOR STORMWATER IMPROVEMENT Sewer Hook -Up Program $10,000 $14,000 Presidential Streets $473,540 $54,000 Tulip Drive $35'1,000 $175,500 Davis Street Sanitary Sewer $400,000 $150,000 Contribution SUBTOTAL $1,234,500 $385,500 O &M FOR STORMWATER PARK Pump Electric Costs $24,400 Annually 20,000 TOTAL $7,535,944 71 of 98 (BY of ERMN HOME Of PELICAN ISLAND AGENDA TRANSMITTAL Subject: Agenda No. /Gb -_ S_7 Tulip Street Improvements Department Origin: City Manager DEP 319 Grant Application Administrative City Attorney: Ap ove or Submittal by: City Clerk: T Date Submitted: 4 APR 12 A n r, ity Manager For Agenda Of: 10 APR 12 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0 -- At This Time $0 Requires Allocation for FY 14 SUMMARY As the City completes resurfacing Englar Drive, the next street scheduled for improvement, per the 2012 Pavement Schedule, is Tulip Drive. Tulip Drive presents some opportunity not only to improve road conditions, but add on- street parking for use at the Barber Street Sports Complex and additional drainage enhancements. Neel- Schaffer has presented an estimated budget of $351,000 to complete all project aspects. Because the project contains creation of a wet- retention area, similar to the Periwinkle Project, this project is a good candidate for the DEP 319 Grant. By receiving funds, the City will minimize project expenses and enable project funding options, potentially over three special revenue funds - Recreational Impact Fees, LOGT or DST, totaling an amount of $175,5013_ At the project's conclusion there is potential to: Create Additional Retention Areas, promoting storm water enhancement; r Additionab Parking for Recreational Purpose (Approximately 50 -60 car parking spots), Rebuild Road Bed and Resurface Street The purpose of this agenda item is to authorize Neel - Schaffer to complete the 319 Grant application. Neel- Schaffer has agreed to complete the application at their cost, provided they receive a design CSA to construct the project. RECOMMENDATION Authorize Neel - Schaffer to commence grant application, with the following time line and authorizations: Grant application is due at the end of April; r Grant Award is Scheduled for July; Funds are Available October 1, 2013 (FY 14 ); and, Authorize City Manager to Execute CSA in amount of $29,405 should grant be awarded. 72 of 98 PRELIMINARY CONSTRUCTION COST ESTIMATES Road Name: Tulip Drive Drainage and Detention Basin Date 3/21/13 Project No. Road No.: Prepared by: FTW Project Location: City of Sebastian Checked by: FTW Project: Tulip Drive from Barber St to Croquet St (1,280 ft) Revised date: Project Site: Tulip Drive Drainage Improvements Preliminary Estimate DESCRIPTION QUANTITY UNITS UNIT COST AMOUNT Traffic Control 1 LS $ 5,000.00 $ 5,000.00 8" Base rock compacted for parking area 540 SY $ 25.00 $ 13,500.00 Stamped concrete parking spaces - 4,860 sf 550 SY $ 33.00 $ 18,150.00 Full depth reclamation 3,500 SY $ 10.00 $ 35,000.00 Asphalt pavement overlay 400 ton $ 100.00 $ 40,000.00 18" ADS Pipe 540 LF $ 20.00 $ 10,800.00 Miter End Section 2 EA $ 1,800.00 $ 3,600.00 Drainage boxes 6 Ea $ 3,000.00 $ 18,000.00 Detention Basin 1 LS $ 150,000.00 $ 150,000.00 Utilities Relocation 1 EA $ 3,000.00 $ 3,000.00 OTHER COSTS SUBTOTAL $ 294,050.00 Preliminary Engineering $20,000 OTHER COSTS (Eng Design and CEI) $ 27,500.00 Construction Engineering $7,500 CONTINGENCIES @ 10% $ 29,405.00 at 12.5% Contract Cost RW Acquisition TOTAL $ 350,955.00 TOTAL OTHER COSTS ROUNDED TOTAL $ 351,000.00 73 of 98 Subject: (Irt Of SE ;�r� HOME Of PELICAN ISLAND AGENDA TRANSMITTAL Conlon Landscaping Contract Ditch /ROW Maintenance Approvel for Submittal by: , City Manager Exhibits: Ditch /ROVV Agreement Agenda No, // ,& - Department Origin- City Manager Administrative c" City Attorney: City Clerk: Date Submitted: 4 APR 12 For Agenda Of: 10 APR 12 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: 590,000 $136,238 $0 SUMMARY On Monday, April 2, 2013 Absolute Landscape was terminated pursuant to Paragraph 8 of the bitch and ROW Maintenance Agreement. In order to complete these services for the reminder of the fiscal year, staff is recommending that Council suspend procurement rules pursuant to Section 2 -10 (f} of the Code of Ordinance. Conlon Landscape was the second lowest bidder for this important City maintenance function in Fall 2012 and has previous knowledge and experience concerning the City's drainage system. This firm is best positioned to quickly mobilize to complete ditch /ROW maintenance activities. In offering a partial year contract to Conlon, the City will enable maintenance services to continue, while preparing for a new procurement process which will provide a budget amount for FY 14 and resume normal procurement practices for this operation. Concerning FY 13, Absolute Lawn has been paid $36,616 to date. This leaves approximately $99,622 for the remainder of the fiscal year. Staff has discussed a maintenance approach with Conlon that will provide enough service to open the ditches /ROVVs, while leaving the City within budget parameters for FY 13. RECOMMENDATION Staff recommends that Council waive procurement procedures pursuant to Section 2 -10 (f) of City Code and approve bitch /ROW Maintenance Agreement with Conlon Landscape for a partial year. 75 of 98 DITCH AND R.O.W. SWALE MOWING SERVICES AGREEMENT THIS AGREEMENT made this 10th day of April , 2013, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida 32958 ( "City ") and Conlon Landscaping, 706 South Easy Street, Sebastian, FL 32958 ( "Contractor'), sets forth that: WHEREAS, the City conducted a procurement for ditch and right -of -way (R.O.W.) services in August 2012 and the selected contractor was terminated; and WHEREAS, Conlon Landscaping participated in the August 2012 bid process and was the second lowest bidder; and WHEREAS, pursuant to Section 2 -10 (c) 4 c -d of the Code of Ordinances, the City seeks to avoid an interruption in work that would result in monetary or other loss to the City and hereby waives, for the duration of this Agreement, the requirement to procure such services as provided in Section 2 -10 (f) of the Code of Ordinances; and WHEREAS, the City desires to engage a Contractor who has special experience in the Scope of Work and has previous knowledge of the City's drainage system; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall end September 30, 2013. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price Form, Instructions to Bidders, the Technical Specifications, Contractor Qualification Questionnaire, Attachments, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and Technical Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Technical Specifications are end result oriented and establish minimum standards of performance and quality for this Work. They do not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and 76 of 98 reasonably inferring from them as being necessary to produce the intended results. b. Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. c. Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. d. Construing Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform mowing maintenance and other related services of the entire right -of -way and easement areas of various size ditches, as well as the entire width of road right -of -ways swale areas for the City in accordance with the Agreement Documents. 4. TECHNICAL SPECIFICATIONS AND RELATED DATA. The intent of the Technical Specifications and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Agreement Documents and all incidental work considered necessary to complete the Work and /or operation in a manner acceptable to the City. Any discrepancies found between the Technical Specifications and site conditions, or any errors or omissions in the Technical Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction of errors or omissions in the Technical Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Technical Specifications, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be performed and completed the same as if called for by the Agreement Documents. All work, equipment, tools, supplies and material usual and necessary to 2 77 of 98 make the Work complete in all its parts, whether or not they are indicated or mentioned in the Technical Specifications, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the Technical Specifications. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the Technical Specifications, the provisions of the latter shall prevail. 5. COMPENSATION. Payment shall be made in accordance with the unit prices established below: ITEM UNIT COST Collector Roads $1,500 Other Roads $3,500 Ditch 1 $6,100 Ditch 2 $8,301 Ditch 3 $9,500 Ditch 4 $9,000 Ditch 5 $9,100 Ditch 6 $6,300 Contractor's unit price will be paid after the unit area is completely mowed by the Contractor and verified by the appropriate City personnel. Payments shall not be made for Work deemed incomplete or deficient by the City. At time of billing, the Contractor shall submit an invoice with the supporting Work Performance Statements documenting all work completed and accepted work by the City to the Public Works Department and payment shall be made within thirty (30) days of receipt. a. Claims. Claims arising from changes or revisions made by the contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the contractor hereby waives its request for such extra compensation. The city is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the city has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. b. The City reserves the right to increase or decrease the amount a unit area(s) is mowed at any time. The City guarantees to the Contractor that the listed areas will be mowed at least once in the contract year. The Unit Price on the Bid Proposal Price Form is a fixed rate. The annual cost represents the current amount of maintenance the listed areas have received and an estimated quantity the City wishes to receive. If the City increases or reduces its mowing maintenance requirements, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. c. City and Contractor agree that due current ditch and R.O.W. conditions, unit prices may be adjustment based in order to address uneven tree and vegetative 3 78 of 98 growth. Upon verbal agreement between the parties prior to the execution of work, unit prices may be adjusted. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, supplies, equipment, tools, transportation, facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back -up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right -of -ways areas, and keep streets, sidewalks and driveways open for traffic whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances and when deemed necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub - Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub - Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or sub - Contractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and /or any sub - Contractor or persons employed by sub - Contractors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed 4 79 of 98 and all complaints handled effectively and efficiently with due regard to City public relations. The City and the Contractor shall be immediately notified by each other of any complaints received. The Contractor is required and hereby agrees by accepting this Agreement to pay all employees not less than the Federal Minimum Wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act; as amended, and changed from time to time. The Contractor shall provide a statement that it is an Equal Opportunity Employer. 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be suspended or terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such termination. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. Upon request or on his /her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor will provide for review by the City a detailed tentative annual schedule of the Work. The Contractor shall also provide detailed weekly schedules as required by the Technical Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 10. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manger determines that weather conditions make it counterproductive to work on said days. "Rain Day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be documented. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. 5 80 of 98 In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the state of Florida. The Contract requires that the Contractor and any and all sub - Contractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and /or court costs arising from penalties charged to the city for violations of OSHA committed by the Contractor or any and all sub - Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (MUTCD), International Municipal Signal Association (IMSA) work zone traffic control safety requirements and other approved standards. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the tools and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his sub - Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and /or termination of this Contract. 12. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by Contractor's employees or work. The Contractor shall remove all debris and surplus materials as a result of his work activities and shall leave the work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. 81 of 98 The Work will be considered complete only after all debris and surplus material due to or connected with the work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty -four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub - Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14, SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub - Contractors or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub - Contractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriate funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or any employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an 7 82 of 98 employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which is attached hereto, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of section 287.133 of the Florida Statutes. 22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to perform the Work are in safe and proper operating condition and free of defects. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims or breach of contract due to substandard Work or workmanship. Any Work which does not satisfactorily meet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. 24. NON - PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. 8 83 of 98 Non - performance /deficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 25. LIQUIDATED DAMAGES. If the Contractor fails to performed the Work in accordance with the Agreement, the City shall hold all the payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with it own resources or hire a third party to perform work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, at the option of the City, in lieu of providing such proof to the Contractor, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each Ditch that is deficient and compound it each day that the deficiency exists, and /or for each Collector Road or City Unit with a Swale that is deficient and compound it each day that the deficiency exists. The liquidated damages start 48 hours after the Contractor has been verbally notified of the deficiency. This amount represents an estimate of the City's damages for aesthetic and functional loss to its citizens and administrative costs associated with the deficiencies and delays. 26. DRUG -FREE WORKPLACE. The contract documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: a. Workers' Compensation — Contractor shall purchase workers' compensation insurance as required by law. b. Commercial General Liability — Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. c. Commercial Auto Liability — Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contract shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. 9 84 of 98 The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the Contractor to insure that all sub - Contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until his has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any sub - Contractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any sub - Contractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of Construction as provided in the Contract. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): THE CITY OF SEBASTIAN Sally A. Maio, MMC Al Minner City Clerk City Manager Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney Signed, sealed and delivered CONTRACTOR In the presence of: Name: Print Name: Name: Print Name: By: Name: Title: 10 85 of 98 aft Of LIBASTMN HOME Of PEUCAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Purchase Wheel Excavator Agenda No. 12F- 13,659 App oved f r Submittal by: Department. Origin: Public Works Department Head: Finance Director, City Attorney: ' At Min er City Clerk: J Date Submitted: April 3. 2013 For Agenda of: April 10, 2013 Exhibits: Ring Power Price Quotation, Florida Sheriffs Association Contract, DST Spreadsheet, SW Equipment Plan EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: $202,173 $_0_ $202,173 DST SUMMARY The Public Works Stormwater Division maintains the ditch maintenance program with the utilization of seven primary pieces of heavy equipment. At this time the (two) mowers/ditcher are out of service due to major mechanical problems and one excavator is at the end of its useful lifespan. The purpose of this transmittal is for Council to consider replacing the 2003 4 -Wheel John Deere Excavator in FY 13. This piece of equipment is vital because it is used for (1) the "armadillo" attachment (which opens front Swale channels for storm water drainage), and, (2) has a mower head attachment. In September /October 2012, the 2003 JD broke its transmission housing. Since this time, Garage personnel have examined ways to repair/replace the machine. However, all pricing indicates that the best alternative for this equipment is replacement.. Upon coming to this conclusion, staff began conducting research to examine ways to financial program such replacement out of posted sequence. It was determined that DST funds can be used to purchase this equipment, as it is a major capital item with a life span of more than 5 years. Further, staff has enclosed spread sheets which depict long range capital equipment and special revenue expenses. What the financial analysis shows is that the cost of the 4 -wheel excavator can be weaved into the purchasing plan for FY 13 because (1) CavCorp Project has been cancelled; and (2) this equipment will eliminate the need for future equipment replacement of the 1998 New Holland Boom Mower and 1998 John Deere Track -Mount Excavator. Please note, the financial analysis also assumes an allocation for MIS upgrades as well. In summation, this vehicle will be a great asset to Public Works in the continuation of Swale and ditch maintenance which is our main objective and allow us to minimize downtime currently experienced with older machines which break down constantly and require costly repairs. After checking all available sources, the Garage Superintendent has found a machine that meets our needs which can be purchased from the Florida Sheriffs Association government bid. RECOMMENDED ACTION Move to authorize the purchase of a wheel excavator from the Florida Sheriffs Association Specification #21 Bid # 12 -10 -0905 in the amount of $202,173 to Ring Power CAT, and create appropriation of $202,173 from FY 13 DST Funds_ 86 of 98 CAT Brooksville Daytona Beach Gainesville St. Augustine Lake City 352 - 796 -4978 386 - 947 -3363 352 - 371 -9983 904 - 737 -7730 386 - 755 -3997 Lakeland Ocala Orlando Palm Bay Perry 863 - 606 -6512 352 - 732 -2800 407 - 855 -6195 321 - 952 -3001 850 - 584 -2800 87 of 98 Pompano Beach Sarasota Tallahassee Tampa Tarpon Springs 854 - 977 -5010 941 - 753 -7535 850 - 562 -2121 813 - 671 -3700 727 - 938 -1515 April 2, 2013 rev04O2VA City of Sebastian Attn: Greg Schmidt REF: Quote per Florida Sheriffs Association Contract #12 -10 -0905, Specification #20 One new Caterpillar M313D Wheeled Excavator equipped with: CONTRACT BASE: 2013 Caterpillar M316 $170,779 A DELETE OPTION: M313 Downgrade to M313 with freight & prep only $- 61,603 B NON - SPECIFIED OPTIONS: 383 -7014 M313D WHEEL EXCAVATOR BASE 378 -2635 P6: VA, STICK, 8'6" $ 36,750 Includes: VA- VARIABLE ADJUSTABLE, 15'10" STICK, 8'6" 380 -1137 P13: VA, BLCV $ 4,235 Includes: OVERLOAD WARNING DEVICE BOOM LOWERING CONTROL DEVICE 377 -6068 P4: UC OUT. FRONT / BLADE REAR $ 23,060 Includes: WELDED UC OUTRIGGERS FRONT BLADE REAR REMOTE GREASING LINES, DOZER BLADE 265 -9260 TIRES, MITAS 10.00 -20 DUAL $ 1,200 377 -6050 P5: CTRL. COMBINED AUXILIARY $ 5,500 Includes: MEDIUM PRESSURE CONTROL CIRCUIT HIGH PRESSURE TOOLCONTROL CIRCUIT 112 -7166 BATTERY, STANDARD N/C 354 -7111 CAB COMFORT PLUS $ 1,700 Includes: SEAT, AIR SUSPENSION PASSIVE CLIMATE SYSTEM TRAVEL SPEED LOCK RADIO AM/FM 12V 356 -1633 WINDSHIELD, 1 -PC, HIGH IMPACT RESISTANT $ 3,150 361 -3462 WIPER, WINDSHIELD, 1 -PC N/C 205 -6210 BELT, SEAT 2" N/C 333 -0120 MIRROR, VA/MH BOOM N/C 337 -5820 CONTROLLER, ELECTRONIC N/C 267 -1717 COUNTERWEIGHT, 7575 LBS $ 1,720 286 -6927 HYDRAULIC OIL, MINERAL N/C 364 -0579 23MPH STANDARD AMBIENT N/C 264 -4762 STEPS, TOOLBOX, UPPERCARRIAGE N/C 253 -2259 DECALS, NORTH AMERICA (ANSI) N/C 254 -2590 LINES, MPF VA BOOM $ 565 254 -2603 LINES, MPF, 8'6" STICK $ 595 254 -2674 LINES, HPF/HAMMER, VA BOOM $ 1,502 254 -2600 LINES, HPF/HAM, 8'6" STICK $ 855 375 -0494 PRODUCT LINK PL522 N/C 370 -5500 GUARD, FALLING OBJECTS $ 5,390 340 -0259 CONTROL, QUICK COUPLER $ 1,500 254 -2591 LINES, QUICK COUPLER, VA BOOM $ 540 254 -2606 LINES, QC, STICK 8'6" $ 505 123 -4968 PIN, BUCKET, ADJ $ 412 87 of 98 ° Brooksville Daytona Beach Gainesville St. Augustine Lake City 352 - 796 -4978 386 - 947 -3363 352 - 371 -9983 904 - 737 -7730 386- 755 -3997 Lakeland Ocala Orlando Palm Bay Perry 863- 606 -0512 352 - 732 -2800 407 - 855 -6195 321 - 952 -3001 850- 584 -2800 Pompano Beach Sarasota Tallahassee Tampa Tarpon Springs 854- 977 -5010 941 - 753 -7535 850 - 562 -2121 813 - 671 -3700 727 - 938 -1515 226 -8950 BUCKET -X, 24".4 CYD $ 3,215 100 -6462 TIP, PENETRATION (QTY 3) 246 LIST PRICE SUBTOTAL $ 92,640 LESS 29% DISCOUNT $26,866 NON - SPECIFIED OPTIONS TOTAL $ 65,774 C WORKTOOL OPTIONS: 338 -7626 BUCKET, 60" 1.23 CYD RIGID /ADJ (DITCH CLEANING) $ 5,411 217 -4850 CUTTING EDGE, BOLT ON 563 LIST PRICE SUBTOTAL $ 5,974 LESS 16% DISCOUNT - 956 WORKTOOL OPTIONS TOTAL $ 5,018 D CONTRACT TOTAL $179,968 A +B +C +D NON CONTRACT OPTIONS: HELAC® PT -09 POWERTILT WITH JUMPER LINES $ 9,600 BRACKET FOR TIGER® BOOM DITCHER FOR M313D (PT -09) $ 1,175 DIAMOND® DER050 -C 50" ROTARY EXCAVATER CUTTER HEAD $11,430 QUOTE GRAND TOTAL $202,173 QUOTE TOTAL $202,173 FOB City of Sebastian Thank you for your consideration of our product. Quote is valid for sixty days. Alan Thomas Governmental Sales Ring Power Corporation Office 813 - 671 -3700 Cell 352 -427 -0252 88 of 98 ANNOUNCEMENT 12 -10 -0905 Effective Dates: November 1. 2012 - September 30. 2013 CAB & CHASSIS TRUCKS, & OTHER FLEET EQUIPMENT Participating Sheriffs Of ces & Local Governmental Agencies or f ` the State of Florida. Coordinated By The Florida Sheriffs Association., Florida Association of Counties & Florida Fire Chiefs' Association FACr-'11 FLORIDA ,.'. I I Y, 51, S � COUNTIES All About norida 89 of 98 Name of Dealership E C )~ LORII-)eL COUNTIES All AbnuI Morida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION Type of Vehicle �pFIR�� CrLN` Zone Base Unit Price HYDEALLIC L2MAV,kTQR- WHF E[.f []'Tl`f' . - 41000 i:ti. C}PF)3 T NG WI IGLIT [5�cj.l�Catie�n X201 Ring Power Corporation 2013 Caterpillar M316 Western $170.779.60 Ring Power Corporation 2013 Caterpillar M316 Northers $170,779.00 Ring Power Corporation 2413 Caterpillar M316 Central $170.779.00 Kelly Tractor Co. 2013 Caterpillar M316 Southern $173,672.00 Bobcat/Doosan Company 2013 Doosan DX210 W Western $162,376.00 Bobcat/Doosan Company 2013 Doosan ❑X210 W Northern S1621_376.00 Bobcat/Doosan Company 2013 Doosan DX210W Central S 162,376.00 Bobcat/Doosan Company 2013 Doosan DX210W Southern $162,376.00 Nortrax, Inc. 2013 John Deere 190DW +Western $158,764.00 Nortrax. Inc. 2013 John Deere 190DW *Northern $158,764.00 Nortrax. Inc. 2013 John Deere 190DW * Ventral $158,764.00 Nortrax. Inc. 2013 John Deere 190DW Southern $158,764.00 Flagler Construction Equipment, LLC 2013 Volvo EW 180D Western $174,577.00 Flagler Construction Equipment, LLC 2013 Volvo EW 180D Northern $174.577.00 Flagler Construction Equipment, LLC 2013 Volvo EW 18AD Central $174,577.00 Flagler Construction Equipment, LLC 2013 Volvo EW 180D Southern $174,577.00 Bid Award Announcement (12- 10.0905) 623 90 of 98 VEHICLE: M316 DEALER: Ring Power Corporation Ring Power Corporation Ring Power Corporation Kelly Tractor Co. ZONE: Western Northern Central Southern BASE PRICE: $170,779.00 $170,779.00 $170,779.00 $173,672.00 Western Order & Northern Delete Options & Central ($61,603.00)1 Southern ($60,983.00) 2 383 -7014 Downgrade to smaller excavator - specify 1 M313 WHEEL EXCAVATOR BASE MACHINE ONLY 1 M313 2 DOWNGRADE TO BASE M313 #383 -7014 W /FREIGHT & PREP ONLY 2 383 -7018 Downgrade to smaller excavator- specify ($47,468.00)1 ($46,470.00)2, 1 M315 WHEEL EXCAVATOR BASE MACHINE ONLY 1 M315 2 DOWNGRADE TO BASE M315 #383 -7018 W /FREIGHT & PREP ONLY 2 Delete air conditioning NA 397 - 1640 Delete outriggers ($6,255.00)1 1 PI: UC BLADE FRONT 1 354 -7141 Delete blade $5,450.001 1 P5: UC OUT. FRONT TOUT. REAR, DELETE BLADE 1 Optional equipment delete - specify Optional equipment delete - specify Optional equipment delete - specify Western Order & Northern Code Add Options & Central Southern 384 -1059 Model upgrade - specify ($29,595.00)1 ($28,115.00)2 1 M318 WHEEL EXCAVATOR BASE MACHINE ONLY 1 M318 2 UPGRADE TO BASE M318 #384 -1059 W /FREIGHT & PREP ONLY 2 384 -1060 Model upgrade - specify ($9,361.00)1 ($7,338.00)2 1 M322 WHEEL EXCAVATOR BASE MACHINE ONLY 1 M322 2 UPGRADE TO BASE M322 #384 -1060 W /FREIGHT & PREP ONLY 2 Model upgrade - specify Model upgrade - specify 357 -6460 Auxiliary hydraulics $3,243.001 1 P5: CTRL. COMBINED AUXILIARY 1 5 W -0605 Ditching bucket $4,792.001 1 BUCKET, 79" 0.70 CYD 1 188 -4940 Vandal protection $424.001 1 GUARD, VANDALISM 1 354 -7141 Front & rear outriggers $17,469.001 1 P5: UC OUT. FRONT I OUT. REAR 1 254 -0435 Optional equipment - specify $216.001 1 LINES, MPF I PC BOOM 1 254 -0453 Optional equipment - specify $351.001 1 LINES, MPF, 8'6 "STICK 1 Bid Award Announcement (12 -10 -0905) 627 91 of 98 VEHICLE: M316 DEALER: Ring Power Corporation Ring Power Corporation Ring Power Corporation Kelly Tractor Co. ZONE: Western Northern Central Southern BASE PRICE: $170,779.00 $170,779.00 $170,779.00 $173,672.00 278 -5284 Optional equipment - specify $492.001 1 ALARM, BACK -UP 1 Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify New state tag (specify state, county, city, sheriff, etc.) Transfer existing registration (must provide tag number) Temporary tag Maintenance Plan - specify Maintenance Plan - specify 3 YEAR / : Warranty - specify $4,858.001 5000 PREMIER ESC 1 HOUR 5 YEAR / '' Warranty - specify $2,756.001 7500 POWERTR4IN 1 HOUR 1 29% Discount percentage off manufacturer's current published retail prices for non - specified 1 Discount 1 , options and any optional models bid. This discount ONLY APPLIES to a downgrade or 29% an upgrade to the model listed in this specification. It does not apply to a completely Discount 2 ; different make or model. (The discount is applied to the manufacturer's current published retail prices.) 29% DISCOUNT ON CAT M313 THROUGH M322 WHEEL EXCAVATORS. 16% DISCOUNT ON ALL CAT WORK TOOLS (BUCKETS, ETC.). 1 29% Discount on M313 - M322 Wheeled Excavators. 16% Discount on Cat Work Tools 2 Bid Award Announcement (12 -10 -0905) 628 92 of 98 2 M313D SATs Wheel Excavator 0x . ON N or Yr AIR 94 of 98 REVISED PLAN SW �H)G k , 4,101m, WIN 0% .o '1N n ila&-$ MO 1 -Ton Truck $ 40,000 2/4 Ton Truck $ 22,000 Backhoe $ 40,000 Equipment Trailer $ 8,000 Pick -Up Truck (SW 604) $ 8,000 $ 34,000 Pick -Up Truck (SW 619) $ 25,000 Generator $ 4,000 $ 130,000 Slope Mower $ - $ 25,000 Backhoe (Extended Arm) $ - $ 140,000 Pick -Up Truck (SW 616) $ 25,000 $ 25,000 Crew Cab (SW606) $ 40,000 $ 140,000 Saw /Pumps $ 4,000 $ 140,000 1 -Ton Truck $ 25,000 $ 140,000 Dump Truck $ $ 100,000 Pick -Up Truck 1�� O,,OdQ 7 5 WON X165 000 $ Backhoe , VA $ 90,000 e40� Excavator $ - Pick -Up Truck $ 30,000 Dump -Truck $ 140,000 Tractor /Boom (Ditch Maintenance) $ - Vac -Truck $ 340,000 Dump Truck $ 150,000 Transport Truck $ 125,000 Ls1 WT UND �5�r;0 0 63$$4;0 ,' #00 0 0 0 QQTOA ORIGINAL PLAN Revised Plan - Original Plan $ (10,000) $ (62,000) $ (61,000) $ (75,000) $ 30,000 $ 200,000 $ 35,000 95 of 98 1 -Ton Truck $ 40,000 2/4 Ton Truck $ 22,000 Backhoe $ 50,000 Equipment Trailer $ 8,000 Slope Mower $ 125,000 Backhoe (Extended Arm) $ 130,000 1 -Ton Truck $ 25,000 Dump Truck $ 140,000 3/4 -Ton Truck $ 25,000 Excavator $ 140,000 Tractor /Boom (Ditch Maintenance) $ 140,000 Backhoe $ 140,000 Dump Truck $ 100,000 OTA SATO0, ` E EN D 1�� O,,OdQ 7 5 WON X165 000 = 4 ,' , VA e40� Revised Plan - Original Plan $ (10,000) $ (62,000) $ (61,000) $ (75,000) $ 30,000 $ 200,000 $ 35,000 95 of 98 DST Revenue Principal from $285,000 Airport Advance 09/29/08 Interest from $285,000 Airport Advance Principal from $267,511 Airport Advance 01/05/11 Interest from $267,511 Airport Advance Investment Income DST PROJECT REVENUE Phone System Powedine Road 512 Corridor Stonnwater Master Plan City Hall Debt (Retires 2018) Police Cars Fleet Maintenance Equipment Badge Printer Building Painting Schumann Park Restrooms US #1 Improvements Enhancements to Presidential Streets 4 Chaplins Project North Indian River Drive Parking Davis Street Lift Station Relocation 1/4 Round Swale Improvement TOTAL FY 12 City Hall Debt (Retires 2018) Code Enforcement 1/2 Ton Truck Police Truck/Boat Building - Glazing Windows at Old City Hall Diesel Fuel Tank FDLE Computer Firewall Excavator Barber Street Bridge Guardrails Parking Improvements Share (Cavcor) Fish House Improvements 1/4 Round Swale Improvement Airport Drive East TOTAL FY 13 City Hall Debt (Retires 2018) Police Cars Police - Public Parking 512 Median Landscaping Tulip Drive Pipe Sliplining (Martin) Road Crossings /Sideyard Pipes 114 Round Swale Improvement TOTAL FY 14 City Hall Debt (Retires 2018) Police Cars Police Boat Motor Building Painting FDLE Computer Firewall Barber Street Field Lights Sidewalk/Bikepath Construction Road Crossings /Sideyard Pipes 114 Round Swale Improvement TOTAL FY 15 City Hell Debt (Retires 2018) Police Cars Police Light Tower Sidewalk/Bikepath Construction Barber Street Bridge Repairs Road Crossings/Sideyard Pipes 114 Round Swale Improvement TOTAL FY 16 City Hall Debt (Retires 2018) Police Cars Motorcycle FDLE Computer Firewall Sidewalk/Bikepath Construction Road Crossings /Sideyard Pipes Bevan Ditch Piping Stonnwater Pond Installation 1/4 Round Swale Improvement TOTAL FY 17 City Hall Debt (Retires 2018) Police Cars Police Enclosed Trailers Sidewalk/Bikepath Construction Road Crossings/Sideyard Pipes Schumann & Barber Intersection 1/4 Round Swale Improvement TOTAL FY 18 Police Cars 200Kw Generator Sidewalk/Bikepath Construction Road Crossings /Sideyard Pipes 114 Round Swale Improvement TOTAL FY 18 BEGINNING FUND BALANCE BUDGET RESERVE -10% OF EXPENSES RESERVE FOR ADVANCE TO AIRPORT UNRESTRICTED RESERVE BALANCE TOTALREVENUES TOTAL EXPENDITURES +DEBT +TRANSFERS ENDING FUND BALANCE DISCRETIONARY SALES TAX FUND (DST) PROJECTED BALANCES FISCAL YEARS 2013 -2018 FY 11 -12 FY 12 -13 FY 13 -14 FY 14-16 FY 16 -18 FY 1847 FY 17 -18 FY 1849 Totals $ 2,464,240 $ 2,500,000 $ 2,562,500 $ 2,626,563 $ 2,692,227 $ 2,759,532 $ 2,828,521 $ 2,899,234 $ 21,332,815 0 0 600 624 649 675 702 6,730 9,980 8,550 8,550 11,400 11,376 11,351 11,325 11,298 11,270 85,120 22,489 0 0 0 0 1,800 1,872 1,946 28,107 8,025 8,025 8,025 8,025 8,025 10,700 10,628 10,554 72,007 10,590 5,400 8,191 6,506 7,775 8,577 9,095 9,218 65,354 $ 2,513,894 $ 2,521,975 $ 2,590,716 $ 2,653,093 $ 2,720,027 $ 2,792,609 $ 2,862,116 $ 2,938,952 $ 21,593,383 65,836 200,000 (23,074) 170,000 24,336 100,000 37,500 100,000 1,016,206 169,870 19,865 2,069 9,700 4,337 37,663 295,544 19,679 440,321 18,429 5,594 119,406 0 150,000 493,373 $ 2,121,764 994,621 26,000 30,000 15,000 15,000 5,000 200,000 60,000 325,000 500,000 275,000 $ 3,230,511 995,116 114,000 50,000 0 175,000 80,000 200,000 500,000 $ 2,114,116 995,944 304,000 16,000 45,000 5,000 300,000 100,000 100,000 500,000 $ 2,365,944 Computer Systems Improvements? 1,013,962 320,000 15,000 100,000 500,000 100,000 500,000 $ 2,548,962 483,170 320,000 20,000 5,000 100,000 100,000 750,000 500,000 500,000 $ 2,778,170 500,000 V1,250,885 $ 431,474 $ 1,020,314 $ 1,282,905 $ 1,436,316 $ 1,430,310 $ 1,783,217 $ 3,257,445 $ 3,257,445 19 96 of 98 0 320,000 16,000 100,000 100,000 1,500,000 500,000 $ 2,536,000 200,000 170,000 100,000 100,000 500,000 $ 1,570,000 $ 1,623,442 $ 2,015,572 $ 1,307,036 $ 1,783,636 $ 2,070,786 $ 2,241,850 $ 2,256,290 $ 2,582,406 1,623,442 212,176 323,051 211,412 236,594 254,896 277,817 253,600 157,000 157,000 552,511 552,511 551,911 551,287 550, 638 548,163 545,589 536,913 536,913 $ 858,755 $ 1,140,010 $ 543,714 $ 995,755 $ 1,265,252 $ 1,415,870 $ 1,457,101 $ 1,888,493 $ 929,529 2,513,894 2,521,975 2,590,716 2,653,093 2,720,027 2,792,609 2,862,116 2,938,952 21,593,383 2,121,764 3,230,511 2,114,116 2,365,944 2,548,962 2,778,170 2,536,000 1,570,000 19,265,467 V1,250,885 $ 431,474 $ 1,020,314 $ 1,282,905 $ 1,436,316 $ 1,430,310 $ 1,783,217 $ 3,257,445 $ 3,257,445 19 96 of 98 CnLIf - --* - NOME OF PELICAN ISLAND] AGENDA TRANSMITTAL Subject: Consideration of Motion to Release Interest on Liens and Disposition of Fi a on 718 Wentworth Street I pr %1 i0 for Submittal by: r, City Manager Agenda No. 12 8 - 13.060 Department Origin: Code Enforcement Division Finance: f City Attorney:. City Clerk:' Date Submitted. y rip 13, 2013 For: Meeting of April 10. 2013 SUMMARY OF STATEMENT Ms. Nancy Sharp has contacted our office to request relief of interest on the eight (8) cede enforcement liens against 718 Wentworth Street. These liens were filed against this property for services performed by vendors that were paid for by the City of Sebastian. These services include mowing of overgrown grass and weeds and trash and debris removal. These liens have accumulated since 2008. The Clerk of Courts charges a $10.00 recording fee for each document recorded. The $10.00 has already been included in each of the Original Lien Amounts, 'however, the $10.00 to record each release of lien is payable at the time of filing the releases. CASE NUMBER ORIGINAL LIEN AMOUNT INTEREST RECORDING FEE FOR RELEASE PAYOFF AMOUNT 08 -01747 $83.45 $71.44 $10.00 $164,89 08- 03079 $122.36 $98.48 $10.00 $230.84 09- 07434 $135.00 $95.07 $10.00 $240.07 09 -07435 $98.63 $69.46 $10.00 $178.09 09- 18531 & 18532 $220.93 $147.96 $10.00 $378.89 09 -26705 & 25706 $140.93 $89.86 $10.00 1 $240.79 10 -22631 $40.93 $19.76 $10.00 $70.69 10- 30822 & 30823 $70.93 $32.32 $10.00 $113.25 TOTAL $913.16 $624.35 $80.00 $1,517.51 RECOMMENDED ACTION State law authorizes the City Council to consider this request. If Council decides to release just the interest, then the amount due would be reduced to $993.16. 97 of 98 Susan Lorusso From: Nancy Sharp [nancycucesharp@gmaii.com] Sent: Monday, April 01, 2013 3:42 PM To: Susan Lorusso Subject: lien request Dear Ms. Larusso, I am sending you this request to respectfully ask the City Council to remove the interest from the Code Enforcement Liens that were placed on my property. We purchased this property in 2005 and the home in 2006 an had planned on using it as a second home and possibly a future primary residence. In 2008 we suffered an extreme loss in income due to a loss in business. We are self employed in Manufacturing. We tried to sell the property but were unsuccessful. We could no longer incur the expenses of maintaining the property because of our reduced income and could not sell it because of the market conditions. We are now very fortunate to have a short sale contract pending with a tentative approval indicating that the lender, Ocwen, will not pay the liens. We are very enthusiastic about this prospect of the short sale however we are still not in a financial position to incur this out of pocket expense. We would like to appeal to the City Council to help us out by at least removing the interest for us so that we can proceed with the short sale. The potential new owners will be occupying the property and the property is currently being maintained. Thank you so much for taking this request into consideration. We look forward to the help that you can offer us. With Gratitude, Ken and Nancy Sharp Re: Code Enforcement Case #08- 01747, #08- 03079, #09- 07434, #0907435, #09 -18531 and 32, #09- 26705 -06, #10- 22631, #10- 30822 -23 Nancy Sharp 4/1/2013 Page 1 of 1 98 of 98