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HomeMy WebLinkAbout06262013 Agenda PacketCM OF SEA - Z. �- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 26, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION — Pastor Clifton Cooley, Calvary Baptist Church 3. PLEDGE OF ALLEGIANCE — Led by Council Member Jim 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. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. 5 -13 A. Approval of Minutes — June 12, 2013 Regular Meeting 13.099 B. Approve 5K Run and Road Closures for Runners Depot Fundraiser to Benefit 14 -17 Sebastian Charter Junior High School on March 8, 2014 — Staff to Notify Businesses (Parks Transmittal, Application) 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. 13.076 A. Natural Resources Board 18 -31 i. Interview, Unless Waived, Submit Nominations for Two Expired Regular Member Positions — Terms to Expire July 1, 2016 (City Clerk Transmittal, Two Applications, Press Release, Member List) 1 of 140 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 13.100 A. Resolution No. R -13 -11 - Vacating Portion of Public Right -Of -Way of Madison 32 -54 Street (Community Development Transmittal, Staff Report, Application, Map, Cross Access Easement, Exhibit B and C) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING A PORTION OF THE PLATTED RIGHT -OF -WAY FOR 10TH STREET (MADISION STREET); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 10. UNFINISHED BUSINESS 11. PUBLIC INPUT 12. NEW BUSINESS 13.045 55 -60 13.010 61 -81 13.101 82 -132 13.092 133 -137 13. 14. 15. A. Parks and Recreation Committee Greenways — Authorize City Manager to Execute Greenway Concept Within Budget Parameters (Parks Transmittal, Letter Price Quote, Map) B. Resolution No. R -13 -13 — Accepting Quarterly Financial Report and Adopting Necessary Amendments to FY 2012 -13 Budget (Administrative Services Transmittal, R- 13 -13, Quarterly Financial Report 2nd Quarter) 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. C. Sheltair Aviation - Ground Lessor Estoppel and Agreement Approval Between City, Sheltair and SunTrust Bank (Community Development Director Transmittal, Airport Lease, Sheltair Correspondence, Agreement) D. Select FLC Annual Conference Voting Delegate and Consider Any Resolutions Council Wants to Submit to FLC (Clerk Transmittal, FLC Letter, Delegate Form, Resolution Instructions) CITY ATTORNEY MATTERS CITY MANAGER MATTERS CITY CLERK MATTERS 13.007 A. November Election Report (City Clerk Transmittal w /Election Calendar) 138 -140 2of140 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 AREA VAILABLE 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. Future Council Meeting: 7110113 Regular City Council Meeting 6:30 pm 7124113 Regular City Council Meeting 6:30 pm 8114113 Regular City Council Meeting 6:30 pm 8119113 Special Meeting/Workshop on Budget 6 pm 8128113 Regular City Council Meeting 6:30 pm 9111113 Regular City Council Meeting 6:30 pm 9116113 Special City Council Meeting — 1St FY 14 Budget Hearing 6 pm 9125113 Regular City Council Meeting 6:30 pm 1019113 Regular City Council Meeting 6:30 pm 10123113 Regular City Council Meeting 6:30 pm 11/13113 Regular City Council Meeting 6:30 pm 11127113 Regular City Council Meeting Subject to Cancellation or Reschedule 12/11/13 Regular City Council Meeting 6:30 pm 12125113 Regular City Council Meeting Subject to Cancellation or Reschedule 3of140 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -12 -01 Reqular 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. 4of140 SEEASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 12, 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 Father John Morrissey, St. Sebastian Catholic Church. 3. The Pledge of Allegiance was led by Council Member Andrea Coy. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy City Council Absent: Council Member Jim Hill (excused) City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Police Chief, Michelle Morris MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Item 12 B Impact Fees had been withdrawn previously by the City Manager email (see attached). Mayor McPartlan requested addition of Resolution No. R-1 3 14 to approve the 2013 MPO Apportionment Plan passed by the MPO Board in April, as consent item 7E. (see email and backup documentation attached). Mr. Adams requested removal of Item 7C for discussion. There were no objections to any of the requested changes. 5 of 140 Regular City Council Meeting June 12, 2013 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 13.087 A. Certificate of Appreciation to Scott Simpson -Parks and Recreation Advisory Committee Mayor McPartlan read and presented the certificate to Scott Simpson, congratulating him for his time on Parks and Recreation. 13.091 B. Appreciation Award from Dave Wortmann, North County Veterans Advisory Group for Memorial Brick Walkway Program Mr. Wortmann and Chip Jamieson, North County Veterans Advisory Group, presented an appreciation award to the City Manager for City workers' efforts on the delivery and installation of the memorial brick walkway at the Veterans Memorial in Riverview Park. Ms. Coy thanked the groups involved in the walkway, said it was their idea and they followed through on the project. Mr. Wortman confirmed to her that so far 700 bricks had been installed. Ms. Coy said this is a continuing project and there are other plans for the memorial. She said people can obtain the application for bricks in the City Hall lobby, Sebastian American Legion and VFW, and cost is $35. C. Brief Announcements -None 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes - May 22, 2013 Regular Meeting 13.092 B. Prior Approval for Any Member of City Council to Attend Florida League of Cities Annual Conference at World Center Marriott Orlando - August 15-17, 2013 (City Clerk Transmittal) 13.093 C. Approved Expenditure of Police Department Forfeiture Funds in the Amount of $1219.00 to Creative Product Sourcing, Inc. and $500.00 to Treasure Coast Crime Stoppers (PD Transmittal, DARE Invoice, Memo and Letters of Support) 13.094 D. Resolution No. R-1 3 12 - Amending R -01 38 Which Changed the Name of CR512 from Fellsmere Road to Sebastian Boulevard to Include Newly Annexed Area (Community Development Transmittal, R-1 3 12, R -01-83) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CHANGING THE NAME FOR COUNTY ROAD 512 WITHIN THE CITY LIMITS TO SEBASTIAN BOULEVARD; PROVIDING FOR RETROACTIVE AND PROSPECTIVE EFFECT; PROVIDING FOR AN EFFECTIVE DATE. 2 6 of 140 Regular City Council Meeting June 12, 2013 Page Three MOTION by Ms. consent agenda. Roll Call: Ayes: Item C Coy and SECOND by Mr. Wright to approve items A, B, D and E of the McPartlan, Wright, Adams, Coy Nays: None Passed 4-0 (Hill Absent) Mr. Adams noted $1000 was given to Crime Stoppers last year and only $500 this year and asked why. Chief Morris said they did not generate as much in forfeiture fees this year. MOTION by Mr. Adams and SECOND by Ms. Coy to approve item 7C. Roll Call: Ayes: Wright, Adams, Coy, McPartlan Nays: None Passed 4-0 (Hill Absent) & 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 reported on a discussion at the Chamber of Commerce Board Meeting to consider asking the Economic Development Council to support the Sebastian request to MPO to slow speed limit on US 1 through the business corridor, and asked Council if this is something they want to see agendized for EDC, and then inquired of the City Attorney whether he is within guidelines of sunshine in making this request. The City Attorney said as long as all the discussions take place at noticed public meetings it is fine. Mr. Wright said the EDC agenda goes together tomorrow and he would have to move quickly, stating the speed limit is an important economic development element. It was the consensus of Council to proceed to EDC. Mayor McPartlan said he was unable to attend the July 10th MPO meeting and asked for an alternate. Vice Mayor Wright said he could attend. Mr. Adams reported that at the last Treasure Coast Council of Local Goverments meeting it was discussed that Governor Scott had vetoed a $2M Indian River Lagoon cleanup funding request, and TCCLG was not pleased. He said they are looking at sending letters to Governor Scott to say how important the lagoon is to this region and asked if the Council was interested. Ms. Coy suggested starting with the Natural Resources Board and have them report to Council. Mr. Wright said there were comments made on this issue at the Press Journal forum on the lagoon and the rationale for why it was vetoed was that it was thought the money should be coming from the water management districts, and was supported by Representative Mayfield to put it in the St. Johns River Water Management District budget, and it is clear that both South Florida Water Management District and St. Johns Water Management Districts are being held responsible for funding. He suggested Mr. Adams speak to Representative Mayfield before sending a letter. He said he has a meeting with SJRWMD coming up, and their position is starting to change. He said he has shared emails with Troy Rice, with the Indian River Lagoon Estuary Program, and 3 7 of 140 Regular City Council Meeting June 12, 2013 Page Four he understands how critical it is. He said it is a huge problem with huge costs, that he goes to all the seminars and meetings, and will keep everyone advised. Ms. Coy said it is kind of unanimous that as a Council we need to do something as soon as feasibly possible, but it is the "what to do" that is hard to know. 9. PUBLIC HEARINGS 13.015 A. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-13-03 - Solid Waste Collection Franchise Agreement (City Manager Transmittal City Manager Transmittal, Revised 0-13-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTNG AN EXCLUSIVE FRANCHISE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. (15t Reading, 5/22/13, PJ Ad 5/29/13) Mayor McPartlan opened the public hearing at 6:52 p.m. and the City Attorney read Ordinance No. 0-13-03 by title. The City Manager said this wraps up the franchise agreement process with Waste Management, outlined the process leading up tonight's action to finalize the agreement. He highlighted the revisions from first reading, in response to requests from Council, clarifications, correction of typos and insertion of language, moving rates to the end of the agreement as an exhibit, and recommended approval. Ben Hocker, Sebastian, asked if the 6% franchise fee is built into the rates listed. The City Manager said the residential rate was $10.55 at proposal and is $11.18 as listed in the exhibit and that amount includes the 6% franchise fee. Mr. Hocker questioned the automatic annual 3% increases in the agreement and Mr. Wright responded they would be CPI adjustments and can increase or decrease and not unusual in this type of agreement. Ms. Coy said she could recall only one increase. The City Manager said CPI increase is a reasonable issue. Mayor McPartlan closed the public hearing. MOTION by Mr. Wright and SECOND by Ms. Coy to adopt Ordinance No. 0-13-03 as amended. Before the roll call was completed, Ms. Coy requested to ask a couple of questions. Ms. Coy asked about yard trash removal and the City Manager read from provisions on yard trash. She asked about ongoing problems of trucks not arriving in the Doctor Avenue area, near the Bewersdorf residence. The City Manager said these issues are being resolved. Mr. Geletko confirmed for her that the solar park containers will be the pairs with trash and recycling compactors side by side. Roll Call: Ayes: Adams, Coy, McPartlan, Wright Nays: None Passed: 4-0 (Hill Absent) 4 8 of 140 Regular City Council Meeting June 12, 2013 Page Five George Geletko, Waste Management, introduced Waste Management staff, Dena Reider+ licks, Public Affairs Manager, Michael Lewis, Senior District Manager, and Bob Delacruz, Local Site Manager, who were seated in the audience and then gave a comprehensive Power Point presentation (see attached to minutes), on strict worker training and testing, commitment to CNG trucks and facility, City park solar compactors, bagsters, the Program Waste Watch, and timeline for the transition and green initiative kickoff media events (the Power Point with transition time lines will be aired on Channel 25 slides). Following the presentation, Michael Lewis, Senior District Manager for Brevard and Indian River Counties, reported on the Waste Watch program camera system which records activity within and outside cabs and can assist local law enforcement, and on- board GPS and customer tracking computer systems. In response to Ms. Coy, Mr. Lewis said the computer system sequences the routes for drivers and will highlight any misses. Mr. Wright said he was pleased to have them back and optimistic the next ten years witll go as smoothly as the last ten years. 10. UNFINISHED BUSINESS -None 11. PUBLIC INPUT Sal Neglia, Sebastian, expressed concern for a Mulligan's golf cart running along Indian River Drive, walkway, and Cavcorp, with no lights or registration; for advertisements on vehicles parked on public property for the Gator airboat, and para -sailing based at Captain Hirams. He spoke about being at the riverfront and seeing Teddy Hulse and women from the Sebastian Junior Womens Club cleaning the Kroegel statue and the plaque on the former City Clerk's bench, and said they routinely take care of these things and we should acknowledge the things they do with some type of recognition. Ms. Coy said she would be happy to spearhead some type of recognition for the GFWC. She also expressed concern about the golf cart and said she had spoken to them, that people are taking liberties and that we need to tighten up on people using the roadways inappropriately. 12. NEW BUSINESS 13.095 A. Consider Open Burn Request from Jane Schnee (City Manager Transmittal) 62 -65 The City Manager said section 42 of Code of Ordinances requires open burn requests to come before Council, the purpose of the requested burn is to remove scrub, and staff does not recommend approval of the burn due to the location of the property. He said he has spoken to both Ms. Schnee and Forest Service, and had received some complaints about the planned burn. He said he thought it did not meet the litmus test on criteria in the City code. Jane Schnee gave some background on her land purchase in August of 2011 to save scrub habitat, scrub jays, gopher tortoises and is now doing scrub restoration by removal of Brazilian peppers and pine trees, and has been encouraged by many agencies to do a prescribed burn which is necessary to maintain scrub habitat. 5 9 of 140 Regular City Council Meeting June 12, 2013 Page Six She said she had copies of the Sebastian fire code, and FS 590.125 which provides for three different types of burning, non -certified burning, certified prescribed burning which is what she wants to do, and wildfire hazard reduction. She said she assumed she could do the burn because Sebastian's code did not list prescribed burns and thought by virtue of its absence it would be allowed. Trish Adams, US Fish and Wildlife Service, discussed how important this property is to the overall scheme of scrub jay federal protection, citing the City's approved incidental take permit from the 1990s to allow residential development in the highlands because of the purchase of several large parcels dedicated to scrub jay habitat. She said the scrub jays in this habitat are genetically unique and run in an area generally along the railroad tracks on the Atlantic Coastal Ridge from Palm Bay to the north and St. Lucie County to the south and they are decreasing due to lack of fire. She encouraged Council to allow Jane to implement her burn plan. Tim Towles, Florida Fish and Wildlife Conservation Agency, said Ms. Schnee came to them for assistance, she has cleared exotics, but needs to do a prescribed burn, which he said is important in maintaining the scrub ecosystem, which requires low habitat preferred by scrub jays and open land for gopher tortoises. He said there is no other alternative to the prescribed burn to maintain the habitat and hoped Council would recognize that this is a land management tool. In response to Mr. Wright, Mr. Towle said burns should be conducted maybe every ten years, but initially they would do just three acres and the rest down the road, noting there are only seven acres of burnable land on this property and there is one pair of scrub jays. Dale Armstrong, Florida Forestry Service, said scrub habitats are designed to have fire perpetuate them and it is a key component to the ecosystem. He said this burn would happen once every ten years and for one day, or in smaller portions to hold back smoke concerns. He said wind direction and relative humidity will be considered when selecting the right time. He said a prescribed burn is not addressed in the City Code because it is not a land clearing operation, he had heard of three complaints to the plan, and said some adjacent property owners were all for it, and it may alleviate future wildfires. He exhibited where the smoke impacts will most likely be on the overhead, said they are very serious about smoke impacts and will notify homeowners at least 24 hours in advance. In response to Mr. Wright he said the burn would occur anytime after 10 am, perhaps around 11 am when heat will build and lift the smoke better, and the operation would take about two to three hours. Mr. Wright said there are concerns about health and the possibility of the fire getting out of control, and Mr. Armstrong makes it sound simple to control. He asked about safety procedures and how neighbors can be convinced. Mr. Armstrong said units would be sent in to do mop ups to extinguish any remaining fire, showed them that the direction of the fire would meet with asphalt and bahia grass on the perimeter, there will be a plow line, and type six engine brush truck on -site. In response to Mr. McPartlan, who asked how much other private property they have burned, Mr. Towle described only other public properties and some ranch lands. 6 10 of 140 Regular City Council Meeting June 12, 2013 Page Seven Ms. Coy said this property was rescued from development, and Ms. Schnee spent $100K to buy it to save it for scrub jays, which are extraordinarily important and the public needs to know that her personal money went into this. The City Manager said this is still multi -family zoning and not a conservation easement. Ms. Schnee cited the high cost of changing it to a conservation easement. Mayor McPartlan said he was concerned about smoke and the embers that may go up and into residential properties, and he is worried about those property owners. Mr. Armstrong said they have contingency plans if the weather changes and typically with this type of fire, you don't get the embers that lift. Mayor McPartlan asked if the Indian River County Fire Chief is out there during the burn. Mr. Armstrong said there are two brush trucks and a dozer. Ms. Schnee noted that during the winter months she smells smoke from backyard fire pits and this is only part of one day where people would smell smoke, that some people on Bristol are all for it, and she wants to talk to the people in Palm Lake to get this cleared up. She invited anyone to take a half hour walk with her and she would show them scrub jay families. Mr. Adams said he was glad to hear precautions are being considered and how safe it can be to do, but still had concerns about proximity of homes, and could not shake it. Mr. Armstrong said we could do a small demo burn. Mr. Wright said he thought this was a simple project, that growth is not that high and would be burning mostly weeds, the potential for it to get out of control with their expertise is almost nothing. He said it is unique that we have this population of birds, and with satisfying the obligation to neighbors to find out this is not a haphazard operation, we should allow it. Mr. Adams asked if there were any alternatives to this. The City Manager said the Habitat Conservation Plan states burning is best, but chopping is an option in this case, he did not disagree with anything stated, but staff feels that it is small and urban and is not a conservation property and completely surrounded by residences, and the HCP never took this into consideration as a polygon and was not a targeted area. He said Ms. Schnee, to her credit, took this on and council is put in a place to weigh protection of scrub habitat versus the safety of those around it. He posed the question, because timber has been taken out do we really need to burn at this time, that the City could help with chopping but gopher tortoise would be affected. He said staff is erring on the conservative side but Council is the ultimate authority for an open burn. The City Attorney said both the State and City have burn provisions, and with regard to "prescribed burn" in State law, advised there needs to be a "prescription ", a written plan they could look at to decide whether or not to approve. Mr. Armstrong said he has started the plan and map, as certified burner he would have to create a plan. The City Attorney said the plan was not in Council's packet and asked when it will be completed. Mr. Armstrong said it could be completed by the end of the week. He confirmed to the City Manager that this burn would take place in fall or winter 7 11 of 140 Regular City Council Meeting June 12, 2013 Page Eight if approved and the City Manager suggested a stipulation that he submit a plan 30 days prior to the scheduled burn for review. Mayor McPartlan said he would want to see the plan before he fully voted on it. The City Attorney clarified the "prescription" is the manner in which the burn will be conducted. Mr. Wright asked Mayor McPartlan, in the interest of fairness to everyone, if the Mayor were satisfied with the submitted plan, would he approve it. Mr. Wright said he was trying to figure out logistics and would like to see Ms. Schnee go to the property owners to alleviate their concerns. He said he felt comfortable that these are professionals. Ms. Coy agreed there are professionals in place, she would like to see the maximum number of notifications to residents as possible, said we have had prescribed burns in area, and the day will come when lightening strikes that property and this can protect the neighbors from that. She said she would like more information, and we are probably looking at a two -two vote tonight. Mayor McPartlan asked where the Fire Chief was on this, and said he would like his opinion, and if the Fire Chief says good, he could go ahead. The City Manager said staff talked to the Fire Department and they gave no response. Mr. Wright suggested the applicants talk to the Fire Chief, and then provide Council with a burn plan and additional information. There was no objection from Council to this idea. *13.097 B. Impact Fees (Requested at 5-22-13 Meeting bV Vice Mayor Wright) This item had been previously removed by the City Manager prior to the meeting (see City Manager email attached). 13. CITY ATTORNEY MATTERS 13.088 A. Litigation Update (City Attorney Memo) The City Attorney presented his corrected report to City Council, which he said, will be provided three times per year. 14. CITY MANAGER MATTERS The City Manager reported the Clambake Foundation had approved the City's request for a $15K grant to begin work on the Working Waterfront museum. He said he and the Community Development Director will go before Florida Inland Navigation District on June 22nd on the FIND grant request for the fish house. He announced Anjani Cirillo had advised him the Clambake slogan will be "Don't Worry, Be Clammy" 15. CITY CLERK MATTERS -None. 8 12 of 140 Regular City Council Meeting June 12, 2013 Page Nine 16. CITY COUNCIL MATTERS 13.096 A. Charter Officer Evaluations (Clerk Transmittal) Mayor McPartlan said he had completed his evaluations but had not sat down with the officers, said they have all done a tremendous job, and said there is no money for increases, though he wished there was. Mr. Wright said he typically does not do written evaluations, works with each of them every day, and would rate all as superior to excellent, noting for the first time in years we are in a situation where taxes didn't decrease, that through the past years of concern the City has functioned fairly well, and all need to be commended to getting us to where we are today. Ms. Coy said she did a written narrative this year, all three have read and acknowledged, gave all of them a big thank you for outstanding service, said she appreciates the hard work, and as soon as we can give other staff a raise, she'd recommend they get a raise. Mr. Adams said this is his first year on Council, it has been a short period, said it has been a pleasure, he has learned a lot, had nothing but good things to say and each is doing a fantastic job. B. Vice Mayor Wright -None C. Council Member Adams -None D. Council Member Coy -None E. Council Member Hill -None F. Mavor McPartlan -None 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 8:50 pm. Approved at the June 26, 2013 Regular Council Meeting. By: Bob McPartlan, Mayor Attest: Sally A. Maio, MMC, City Clerk 9 13 of 140 CM or Y ,BT HOME Of P"ICM ISLNNE) CITY CAE SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of 5)K run and Road Agenda No. Closures for Runners Depot fundraiser to benefit Sebastian Charter Junior )Nigh DepartmentOrigif School City Attorney :. City Clerk: Submittal, lay: City Manager Date Submitted: June 19, 2013 For Agenda of: June 26, 2013 Al re 'Manner Exhibits: Park Use Permit Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: NIA APPROPRIATION None REQUIRED: None SUMMARY Bill Urban from Runner's Depot is seeking Council approval for road closures needed for the 5K Run fundraiser to benefit Sebastian Charter Junior High School. Runner's Depot manages all the 5K Runs we have had and works well with the City. The run will be can Saturday, March 8, 2014 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 clown 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, March 8. 2014. 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 March 8, 2014 from 6:OOAM to 9:OOAM for the Runner's Depot 5K Run fundraiser to benefit Sebastian Charter Junior High School. 14 of 140 May 02 13 04:32p Runners Depot 772 -569 -7439 p.3 ul: v�r Zr-11Z tom: n r;11237079 'I COS AIR BLDG PACE 02.'08 P Please check appropriate box: Pavilion Rehtal only 100 Securi beposit - $50 Rat pit Pgrk Evert (75 to 300 $2fl0 Se-' tie osi} - $100 rent I Special Event (302 or m City Gounal Approval $20D Security Deposit . $200 rent p 'Alavin/ir Bev�ny�e Regt2es� >cor any ¢va Name of Permittele (permits may only be fs CITY OF SEBASTIAN USE PERMIT APPLICATION anu HCNW OF PWCAN RAND 4223 Main Street Sebastian, FL 32958 Parks Phone: (772) 228 -7064 cmc8r1hV GJtyo(sebastian.or9 77 tax - $5340 iticipated attendees) " 7% tax - $107 Z arMiGpat -ed attendees) • 7% tax - $214 mqu /i /resCryCaunril Appnvvo/ led to an adult) NamE Office use Ch, : - sax:ttiyy pek Date initials Pe" Fee pct_ Data his CRF MEMtuApptovel: Date In'tie s Park Supt. Approval: Date Initials Cwt dlApproval: Date Of applicable) Fdke Him verrCatfon: Pf awxw- e) In als of organization (if applicable) Physical .�C f Address Mailing Address if Different ,,OO WZ._ 5W -7.3, aAP4- & city Z r -1 ! J fate (Par r Pavilion)`Requested Tar Requested Will there be any sale of go Yes No (If yes, pl Will there be food or other vent dl's? Yes No (If yes, ple schematic of structures (tents, etc.) to be el IRC Fire Dept permit) I, GV,r�a+�; l.�i�tn�• the unc the above referenced organization, that I ai this application and use of City facilities for have been provided with the general rules F ear i �Z' Anticipated Number of Attendees -To Raindate (if applicable) desenbe type of goods an back) fist name, address of each on back with description and d or otherwise assembled on back. (May require Health Dept. or signed, acknowledge that I am the applicant or authorized agent of aware of the provisions of the City of Sebastian Codes fn respect to hich I have applied for a permit for a Park Event or Special Event_ I Scribed by the City and agree to the terms thereof. 15 of 140 May 02 13 04:31 p Runner's Depot 772 -669 -7439 O-L/ t7 ;J :G71L la: bd i/22287079 COS AIR BLDG CITY OF SEBASTIAN PARK USE PERM T APPLICATION PAGE TWO List Any Vendor Irrbrmation ancVor Schematim, on this page p.2 PA(�E: 03/08 NAME ADOR ESS 'HYPE t j SCHEMATIC: OFFICE USE ONLY: SPECIAL CONDITIONS IMPOSED BY CIT� MANAGER OR CPTY COUNCIL. 2 Vay 02 13 04:32p Runner's Depo city ©f This application is required to engage ezt-," welfare services, that sre in addition io those ngreement A wiuimum of five (5) days ach required. Cawellatiob of the deter% vdth less (3j bours mh3ftum billing per Officer. )'a) Sebastian, norida 32956. . *. (3),Hnz RateFcr Rateper Rate Per IVMc M ail bg Addre= �� 21 � City U40�D_ 11 j n 1 Requested By: �� /I 1���,,;�� -• -r Nunmherof OM cers.requireti_____ -____� r- ' Starting Q Starting Time: 1>hs Services Requested Service Location: Estimated A.ttendancm A.1cobolicBeverageg Served: Otber Cozowents or IDutkse lDnte Received Reviewed lay_ l eutenant 772 -569 -7439 COS AIR BLDG M- unicipal Police Department p.4 Phi e8/08 T services of the regnEstod Danober of Officers for public safety, bta]th and razrided generally to the public. is ie urderztood that this is a non- bbmung ace nodce is Tequested prior to the service date and Advanced payment is tan Z4 hours notice prior to com menrepoent of the detail, vriD roult it ..tree lent sbould be roade payable to the City of Sebastian, l2z5 Main Street, Mimiro n Per Ear% OfficerXtegvired -7 ourForEach Offs mr .... .- .- ...._4W00 ourFol-Fath 5upervisor .......... S34.00 arEadr —.".4567.00 Mini m ies to on -site utiiiratian of veltitle) State: zipcode. -- Telephoue Numbers: �� �X� 7 - 7 6 7n 'Uniform: ✓ plain Clo#lres: Emtlkng. Date: --�)/ � l /Y Ending Time: i L.*L 5 I No Officer's Signainre (� Date Worked TiweWorlced Officer's Comments r 17 of 140 (M of s- ri HOME Of PFUCAN LSLAIAD City of Sebastian Subject: Three Expired Regular Member Agenda No: ?A Positions on the Natural Resources Board Department Origin- City Clerk's Office, AporovqA for Submittal by: Date Submitted: 6118/13 /IV For Agenda of: 6126113 A iAnW, City Manager City Attorney: Exhibits: Applications, Ad, List Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Mr. Spokas, Mr. Gordian, and Mrs. Lucier's positions are to expire on the Natural Resources Board July 1, 2013. Mr. Gordian and Mrs. Lucier would like to serve again. No additional applications have been received. RECOMMENDED ACTION 1. Interview, unless waived, and submit nominations for two expired, regular member positions with terms to expire July 1, 2016- Staff will continue to advertise for the remaining vacancy. 18 of 140 i J ✓` ✓�"" "°° " tloto� Moo, O ` iv 0FtSE0, AS t '{ l v OFFICE 'OF CITY CLERK cly i'�; 1011 JUN 22 Phi 10 49 HOME OF PELICAN ISLAND APPLICATION TO SERVE -ON CITY BOARD /COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: G I \bef + Gor(A; OL HOME ADDRESS: iq 9G) Lay-)e- zaq Sg HOME PHONE: -T7a SRI -a- (Co HOME FAX: E-MAIL C1,EH co, 1 -Tpa elm._ BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? �e J HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? O DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? J� WHICH BOARDSICOMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years -meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD {temporary - meets during summer) CONSTRUCTION BOARD (permanent board - meets once a month)" HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board —meets quarterty) PLANNING AND ZONING COMMISSION (permanent board— meets Woe a month)' POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board -meets quartedy)` PARKS & RECREATION ADVISORY COMMITTEE (permanent board— meets once a month) >C NATURAL RESOURCES BOARD (permanent board— meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) {WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment le � 19 of 140 APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? i LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATEICtIO 3 HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE?o WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, l hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. l understand that any misrepresentation or omission of information requested in this application is cause for disqualification. 1 have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or comm'rtte 's vafiable if requ , . r Applicant Signature Subscribed and swom to before me this day of by who is personally [mown to me, or has produced as identification. Notary Public State of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, Fl- 32958 - (772) 589 -5330 \wp- formlapplicatwpd rev. 72007 Gilbert Gordian Jr 498 Quarry Dane Sebastian, 'Florida,32958 772 -581 -2760 E- Mai1- chooboo1727@att.net Zoological Experience. Wildlife Conservation Society ,.(WCS) Bronx, New Fork 1972 to 2008. 1986 to 2008: Senior Wild Animal - Keeper. Wildlife Conservation Society's Bronx Zoo. (WCS) Aquarium for Wildlife Conservation (W S): Worked in collaboration with training department .Marine mammal division. Operant conditioning training and positive reward training ,parallel training to related species within the zoo's large mammal collection. Established training protocol hand book for wildlife keepers. Transporting of marine mammals. ]Bronx Zoo-.(WCS) *Supervised and maintained 40 Acre Wild Asia Exhibit. *Responsible for the exclusive care and maintenance of the Asian Elephants, Tigers, and Indian Rhinos (and other species of Hoof stock). *Trained and supervised new keepers in the safety and handling of large mammals. (voluntary and protected contact )and hands on handling wildlife. Operant conditioning training and positive reward training use with wildlife. Establishing enrichment and safety protocol for the keepers to follow. Animal breeding and behavioral data collection daily and recording daily logs. Video data recording and summarizing data. 1982 to 1986: Assistant Elephant Trainer. *Responsible for the daily maintenance and foot care and behavioral enrichment for the Elephants. Choreographed and conducted behavioral demonstrations. *Instructed Zoo visitors on Elephant ecology ,status of wild elephants and 1972 to1982 Menagerie Keeper. *Responsible for the care and maintenance of 14 installations in the Mammal Department. Maintained animal quarters and buildings. * Organized and conducted lectures for school outings, camps and private organizations. *Interacted closely with field researchers and zoo nutritionist to establish new diets. Acclimating new arrivals to their exhibits. 21 of 140 Acclimating new arrivals to their exhibits. Establishing enrichment and safety protocol with curatorial staff. Contributed to the overall well being of the entire collection. *Affiliation and membe: Reef keepers International. 1996 Promoted and organized first coral reef survey in Bay of Majors, Cancun, Mexico. Independent studies on maturation of male Elephants.1970Tol972 * Wildlife Keeper Trainee (New York Zoological Park) Part time employment: Sloan Kettering animal research facility, New York. Columbia University Animal research (Columbia University hospital ,New York) *Professional Desis:nations: United States Coast Guard Captains License: Issued March, ,1992 (master of 100 ton - Master Steam or Motor and Auxiliary Sail) Assistance Towing Endorsement : Febuary,1999. Maritime Courses: American Marine Training, Stamford Conn. American Red Cross - Sailing School New York, N. Y. Sea School, Baldwin, New York National Association Of Scuba. Diving Of America: 1972 To Present N A. S D S Open Water Dive Certification.(NASDS) v SI:RiAI.' NUAlRP-R 1184 5 0 3 -& ' � � � � ISSUE NUMBER h "ft" MR - MVIV .� • .� I It .:�..�. _ �'^" .. :1. 11 0 1 Ie ..!F®.��%i!`Jlr... m7r y his is to certify triat GiLB +RT GrORDI^ JR !raving Geen duly exarrtirtedartdfottndcorrtpetertt by the undersignedisCicensedto serve for the terra of . fva years from the Gerow issue d ate as: MASTER OF STEAM, MOTOR OR AUXILIARY SAIL D yVATBRS. A THORIZED T ONGAGL IN REGISTERED TONS (DOMESTIC TONNAGE) UPON • COMMERCIAL ASSISTANCE TOWING. Given under my hartdthis 3rd day of gpr'if 2007 . ISSUE PORT: NEW YORK, NY EXPIRATION DATE, APRIL 3, 20] 2 R. BOOKER, USCG, BY DIR9CTION OFFICER IN CHARGE, MARINE INSPECTION , Gilbert .Gordian Jr. 498 Quarry Lane Sebastian, FIorida,3258 chooboo1727Q.att.net- 772 -581 -2764 Nautical Experience: New York Water Taxi: Deck hand and assistant dock master for vessel operations in New York City and companies commuter dock in Yonkers NY.2007 -2009 New York Harbor Charters Inc: 1991 to present President, owner operator of 34 foot diesel trawler M V ` Morning Star" fishing environmental tours NYC. New York Health and Racquet Club: 1986 to 1989. First Mate of 60' Lydia Yacht °'N. Y. Health and Racquet Club ". On call relief captain. (current) Capt H L Ericson: 1981 to 1986. First Mate on 42ft Thai Chao Ketch sailing vessel "Passages °'. Professional Designations: Current license issued 2007. # 1184503 United States Coast Guard Captains License: Issued March, ,1992 (master of 100 ton - Master Steam or Motor and Auxiliary Sail) Assistance Towing Endorsement : Febuary,1999. Maritime Courses: American Marine Training, Stamford Conn. American Red Cross - Sailing School New York, N. Y. Sea School, Baldwin, New York National Association Of Scuba. Diving Of America.: 1972 To Present N A. S D S Open Water Dive Certification.(NASDS) Affiliation and member: Reef keepers international: 1996 Promoted and organized first coral reef survey in Bay of Majors, Cancun, Mexico. Miscellaneous: Comprehensive and Extensive deck work and engine repair and maintenance( Cummings, Ford, General Motors Diesel engines.) Wildlife Conservation International (park) 1972 to 2008: Senior Wildlife Keeper. References: Capt Carl Madsen ( Riptide III 90'fishing vessel) and New, York Water Taxi Vessel Operations Manager- 347 - 236 -0604 Capt Mike Carew apt Mikes Diving Services Please Keep Confidential. M, Caomaan Gifb-zi Gordian Jr. ;moo °y Lan 772-5-8- 247 A-C 6/16/2011 Dear committee Board Members. I'm writing this cover letter for the purpose of introducing myself to you and to submit my resume. (c v) I have recently retired from the Wildlife Conservation Society's Bronx Zoo as their Senior Wildlife Keeper and Assistant Trainer in the Department of Mammalogy. I now reside In Sebastian, Florida and remain active with wildlife issues here in Indian River County - My thirty -Five year tenure with the society has led me to experiences and develop skills not many have encountered and a continued desire to pursue and Team more with an active role as a team member with the Natural Resource Board. Additionally, I have successfully provided support services to many of the field researchers and veterinary staff at WCS. (Archie Carr 111,WCS /U of FL. Gainesville, Dr. Bill Karesh DVM dir WCS, Dr. George Schaller.) I welcome the opportunity to speak with you more about my work experience and how my skill set could contribute to the successful day- today operations and Natural resource conservation program the board has developed. I can be made available to meet with you in the near future. I you find communicating by telephone is in order, please let me know what is convenient. I look forward to discussing the position with you. Respectfully Submitted. Sincerely, J� Captain Gilbert Gordian. Jr. Lic #1184503 26 of 140 No ch es. CRYOF y; I N HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE (All City Board and Committee Members Must be Residents of the City. of Sebastian) NAME: A r r., ux_,� HOME ADDRESS: HOME PHONE: �`�a_a�_ Ba HOME FAX: E -MAIL: C BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? o2 mot, *kS DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? dC) DO YOU. PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? /O PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011) ^, CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) ° CONSTRUCTION BOARD (permanent board - meets once a month)' .... HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board —meets quarterly) c PLANNING AND ZONING COMMISSION (permanent board —meets twice a month)' POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board meets quarterly)* I- PARKS & RECREATION ADVISORY COMMITTEE (permanent board —meets once a month) _NATURAL RESOURCES BOARD (permanent board— meets once a month) OTHER TEMPORARY COMMITTEE (If applicable) 3 (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment O '15C c4mca>• .AIA c; C; T r,- cn r. M r.. m r- C!) C. --y 27 of 140 D� APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) e.M be. &} ! LC( VP iY\-45SCZ S e c,�� '3,,,`�w�A�e►women, -E i4'ssoc-- rn (Y6-t,is -1 -10 HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYI FOR? LIST ANY ADDITIONAL QUALIFICATI NS TO SERVE ON BOARD OR COMMITTF&E�, . eLtA HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? HD WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? 1'%D I hereby certify that I am qualified to hold the position for which this application is made. Further, l hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or corn is available if requ led. ` Appliegint Signature Subscribed and sworn to before me this o_, + day of AU.n a o201 by jq n n Lue-1 efr who is personally known to me, or ' has produced rL brt vers LI CenS? as ideimcation. 4 ry. Public, State of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589 -5330 \wp- formlapplicat.wpd rev. 7/2007 JF.ANE1lE WII.LIAMS r :.= Commission # EE 038067 Expires Fdxuary 28, 2015 Bonged lhu ba/ F� Inae�oe iggJ8S7U4^ 8 28 of 140 June 4, 2013 Contact: Jeanette Williams 388 -8215 PRESS RELEASE NATURAL RESOURCES BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THREE EXPIRED REGULAR MEMBER POSITIONS ON THE BOARD WITH TERMS TO EXPIRE 7/2016. ALL BOARD MEMBERS MUST BE CITY RESIDENTS. THESE ARE VOLUNTEER POSITIONS. THIS COMMITTEE MEETS ON THE FIRST TUESDAY OF EACH MONTH AT 6:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR AT WWW.CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED UNTIL JUNE 18, 2013. 29 of 140 NATURAL RESOURCES BOARD Albert Alvarez Reapptd 6/22/2011 Term 492 Quarry Lane expires Sebastian, FL 32958 Apptd 7/29/09 7/1/2014 alalvarez(cDaol.com Took Albury's position 532 -8767 Robin Graves — Chair Reapptd 6/27/12 Term 525 Michael Street expires Sebastian, FL 32958 Reapptd 7/8/09 7/1/2015 Mugwort2u(a-)-yahoo.com 918 -8868 Apptd 9/24/08 Took Cumming's position Eric Spokas — Vice Chair Reapptd 7/28/10 Term 131 Bellamy Trail Sebastian, FL 32958 Apptd 6/10/09 expires 7/1/2013 drspoks @aol.com Took Slattery's position 918 -8137 Gilbert Gordian Jr. Apptd 11/16/11 Howe's Term 498 Quarry Lane position expires Sebastian, FL 32958 7/1/2013 chooboo1727(rr�att.net Apptd Alt 6/22/2011 581 -2760 Took Schuster's position Ann Lucier Apptd 6/22/2011 Term 425 Toledo Street Took Koerner's position expires Sebastian, FL 32958 7/1/2013 customveils(ab-comcast.vet 228 -8258 Hank Kriss Apptd 6/22/11 Term 1557 Damask Lane Took Gruden's position expires Sebastian, FL 32958 7/1/2014 hanknfl(a)_g mail. com 589 -2413 Alan Northcott Apptd 5/9/12 Term 924 S. Easy Street Took Bender's position expires Sebastian, FL 32958 7/1/2014 alannorthcott(a)-msn.com Apptd Alt 11/16/11 Took 581 -2607 Gordian's position 30 of 140 Richard Eberle Apptd 5/8/13 Term 194 Chello Avenue expires Sebastian, FL 32958 Took Casselberry's 7/1/2015 deann @brianeberle.com Alt position (215) 359 -8016 Alternate Jerry Deredita Apptd 10/10/12 Term 731 Glencove Street Took Schnee's Alt expires Sebastian, FL 32958 position 7/1/2014 iercder(a)gmail.com 559 -9123 Alternate Board Liaison — Dorri Bosworth 31 of 140 LR OF ,11ijZT 9- HOME OF PELICAN ISLAND Subject: Resolution R -13 -11 Agenda No. VA — 13. zoo Abandoning the remaining portion of Madison Street west of U.S. 1 Department Origin: Comm gprnent Comm Dev Directoj� =; City Attorney: Ap rov for Submittal by: City Manager City Clerk: Date Submitted: June 11, 2413 r e7 r For Agenda of: ,tune 26, 2013 . Exhibits: Resolution R- 13 -11; Staff Report; Application with area map; Cross Access Easement; Exhibit B; Exhibit C EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- -0- SUMMARY At the request of a former property owner, Robert Collins, City Council adopted R -05 -07 on February 23, 2005, abandoning a portion of Madison Street west of U.S. i . At that time, abandoning the remaining portion of the street west of U.S. 1 would have land- locked Lots 2 and 3 of Block 9, Ocean Breeze Heights, by eliminating their access to a public right-of-way. Since that time, Remington Stewart LLP has purchased the Collins property, as well as Lots 2 and 3. Steve NevelefF on behalf of Remington Stewart LLP, has now filed an application for abandonment of the remaining portion of Madison Street (a.k.a. 10 "' Street) west of U.S. 1. They have also entered into a Cross Access Easement agreement with the owner of the property on the south side of Madison Street which provides perpetual upkeep and maintenance of the easement area., thereby eliminating the public need for the remainder of Madison Street west of U.S. 1. A staff report has been provided to review the required findings of fact. All utilities, including PP&L, AT &T, Comcast, and I.R.C. Utilities, as well as the Public Works Director and the City Engineer (consultant) have reviewed and recommended approval of this request. Exhibit B and ,Exhibit C illustrate how the property will be divided, by state law, if the road is abandoned, incorporating each portion into the parcels to the north and south, once again generating tax revenue for the public. RECOMMENDED ACTION Move to approve Resolution R- 13 -11, abandoning the remaining portion of Madison Street west of U.S. 1. 32 of 140 RESOLUTION NO. R -13 -11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING A PORTION OF THE PLATTED RIGHT -OF -WAY FOR 10TH STREET (MADISON STREET); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Steve Neveleff, on behalf of Remington Stewart LLP, has filed an application for abandonment of a portion of the platted right -of -way for 10`h Street, now know as Madison Street, lying west of U.S. Highway 1; and WHEREAS, Remington Stewart LLP, owner of property north, west and south of the subject portion of Madison Street, has entered into a Cross Access Easement with Plaza One, LLC, owner of property south of Madison Street to provide a mutual ingress and egress easement with maintenance and upkeep provisions provided therein; and WHEREAS, staff analysis finds that with the Cross Access Easement executed, no significant public purpose exists for the use of said right -of -way, and the public interest would best be served by returning the property to the tax rolls; and WHEREAS, the City Council has conducted a public hearing on the matter following due and proper notice; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINDINGS. The City Council makes the following findings: (1) No current use of the right -of -way beneficial to the public interest exists; (2) No projected future use or re -use of the right -of -way beneficial to the public interest exists; (3) No adverse impacts on public services caused by the proposed vacation now or in the future can be identified; and (4) No adverse impacts to adjacent properties as well as major areas or land uses currently benefiting from a public service or system that uses the subject right -of- way can be identified. Said findings are conditioned upon full execution and recording of the Cross Access Easement between Remington Stewart LLP and Plaza One LLC. 33 of 140 Section 2. RIGHT -OF -WAY ABANDONED. The City hereby abandons and releases its interest in that portion of the right -of -way for 10th Street (Madison Street) dedicated in the Amended Plat of Ocean Breeze Heights Subdivision as described in the attached Exhibit "A ", conditional upon full execution and recording of a Cross Access Easement between Remington Stewart LLP and Plaza One LLC. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid, unconstitutional or results in a taking of private property, the remainder of the resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid, confiscatory or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this resolution without said invalid, confiscatory or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of June, 2013. CITY OF SEBASTIAN, FLORIDA Lo Bob McPartlan, Mayor 34 of 140 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 35 of 140 Exhibit "A" Sketch of Legal Description for Overall Madison Street Abandonment at the Ocean Heights Site Sebastian, Indian River County, Florida Sheet 1 of2 Not Valid Without All Sheets SURVEYORS NOTES 1) THE BEARING BASIS IS THE NORTH SAID LINE BEARS N6446'48 "E 2) THIS SKETCH EXISTS SOLELY FOR WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED 4) THIS SKETCH MEETS THE MINIMUM OF PROFESSIONAL LAND SURVEYORS IN SECTION 472.027, FLORIDA STATUTES. LEGEND RIGHT —OF —WAY LINE OF MADISON STREET. THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO UNLESSS OTHERWISE NOTED. TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD CHAPTER 5J -17, FLORIDA ADMINISTATIVE CODE, PURSUANT TO R/W RIGHT —OF —WAY NO. NUMBER R RADIUS L LENGTH CH CHORD DISTANCE CB CHORD BEARING PSM PROFESSIONAL SURVEYOR AND MAPPER L DELTA N NORTH S SOUTH E EAST W WEST LEGAL DESCRIPTION A PORTION OF MADISON STREET (10TH STREET PER PLAT), AS SHOWN ON THE AMENDED PLAT OF OCEAN BREEZE HEIGHM ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 7, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT THE NORTHEAST CORNER OF LOT 4, BLOCK 9, OF SAID AMENDED PLAT OF OCEAN BREEZE HEIGHTS, THENCE NORTH 2573'12` WEST ALONG THE EAST LINE OF PREVIOUSLY ABANDONED MADISON STREET AS RECORDED IN OFFICIAL RECORDS BOOK 1840, PAGE 180, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 80.00 FEET 70 THE NORTH RIGHT —OF —WAY OF SAID MADISON STREET; THENCE NORTH 64'46'48' EAST ALONG THE SAID NORTH RIGHT— OF—WAY LINE OF SAID MADISON STREET, A DISTANCE OF 236.68 FEET TO THE WEST RIGHT— OF—WAY LINE OF U.S. HIGHWAY NO 1. THENCE SOUTH 36'40'44" EAST ALONG SAID WEST RIGHT— OF—WAY LINE; A DISTANCE OF 81.63 FEET 70 THE SOUTH RIGHT— OF—WAY LINE OF MADISON STREET• THENCE SOUTH 64'46'48' WEST ALONG THE SOUTH RIGHT— OF—WAY LINE OF SAID MADISON STREET, A DISTANCE OF 25290 FEET BACK TO THE POINT OF BEGINNING CONTAINING 19,583.79 SQUARE FEET OR 0.45 ACRES,, MORE OR LESS 5KL I C;H UI- LLGAL ULSGHIN HUN Drawn by: Checked by File name Date I Scale Drawing Name "This is NOT a Boundary Survev" I CJG I DMT I 6251.01 1 S/20/2013 1 N/A I 6251- 01LEGALl 1Ylastelle,r Mole; Reed & Taylor, Inc. PROPMMOA.W MWFEPORS,4MAUPPERS A&1NDS&RYEYINGffUS-J7ffSShV644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fax: (772) 794 -0647 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINA�.,2AISED SEAL OF A FLORIDA UCENS RVEYOR AND MAPPER. all DAVID TAYLOR P.L.S. 5243 36 of 140 Exhibit "A" Sketch of Legal Description for Overall Madison Street Abandonment at the Ocean Heights Site Sebastian, Indian River County, Florida Sheet 2 oft Not Valid Without All Sheets NORTH JKt /(;H Ur Lt(iAL Ut,`)(:K1V 11UN Drawn by: Checked by File name Date Scale I Drawing Name "This is NOT a Boundary Survev" CJG I DMT 1 6251.01 5/21/2013 1 " =50' 6251- 01LEGAL1 Mlas %Iles; Moles; Reed 9- Taylos; Ae. P1l'OFESSMAW SURIX.FO",4MA W, PE" AU"S10ffW VG.8&SEff SW6QQ 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fax: (772) 794 -0647 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL P AISED SEAL OF A FLORIDA LICENS RVEYOR AND MAP DAVID TAYLOR P.L.S. 5243 37 of 140 I 1. 2 3. 4 LP (X SEW�S'Tv_% ffi— j�7_� HOME OF PELICAN ISLAND Community Development Department Vacation of Public Right -of -Way Request Staff Report Street Name: Madison Avenue Requested Action: Abandonment of street for future site plan development Street Location a. Location: Madison Street west of U.S. 1 b. Legal: See attached legal description and sketch, Exhibit A Applicant: Remington Stewart, LLP P. 0. Box 953578 Lake Mary, Florida 32795 (407) 629-1140 5. Project Agent: Stephan M. Neveleff Stewart Realty Advisors 115 Timberlachen Circle, Suite 1001 Lake Mary, FL 32746 (407) 767 -6474 6 Project Surveyor: David Taylor, P.L.S, Masteller, Moler & Reed & Taylor, Inc. 1655 27" Street, Suite 2 Vero Beach, Florida 32960 (772) 564 -8050 7. Application Description: The applicant is requesting abandonment of the remaining portion of Madison Street (a.k.a 10`i' Street) west of U.S. 1. At the request of a former owner, Robert Collins, City Council adopted R- 05 -07, on February 23, 2005 which abandoned a portion of Madison Street west of U.S. 1. At that time, abandoning the remaining portion of the street west of U.S. 1 would have land - locked Lots 2 and 3 of Block 9, Ocean Breeze Heights; by eliminating their access to a public right -of -way. Since then, Remington Stewart LLP has purchased the Collins property, as well as Lots 2 and 3, and entered into a Cross Access Easement agreement with the owner of the property on the south side of Madison Street for the perpetual upkeep and maintenance thereof . 38 of 140 8. Findings of no public purpose: Per Section 54- 1- 2.10.c, staff shall review whether any public purpose is served by the subject right -of -way and consider all relevant public purpose options with an abandonment of a street: a. Drainage systems, water service, and sanitary sewer services: There are no drainage systems, water or sewer lines in this area of Madison Street. b. Roadways: The property owner to the south has made improvements to Madison Street to provide access to his commercial building. The owners of both the north and south side of Madison Street have entered into a joint cross access easement for the perpetual use and maintenance of that drive area. This will be recorded after City Council approval of the vacation of Madison Street. C. Pedestrian and /or bicycle ways and alleys: There is an existing sidewalk within the U.S. 1 road right -of -way. No sidewalk, bicycle way or alley has been planned or is necessary in this portion of Madison Street. d. Public safety, including emergency service access and egress: The existing access provided through Madison Street to the southern property has met all emergency service requirements. Both properties will use the same access point and have entered into a cross access easement. Also, the proposed commercial development of the northern property will require site plan review and approval, ensuring that all emergency access issues will be addressed. e. Communication systems, power and /or fuel networks, or other public or semi - public services essential to the public welfare and safety: All utilities including FP &L, AT &T, Comcast, and I.R.C. Utilities, as well as the Public Works Director and the City Engineer (consultant), have reviewed and approved this request. 9. City Council Determination: As per Section 54- 1- 2.10(d), prior to rendering a final decision, the City Council shall consider the report prepared by the Community Development Director. The City Council shall not approve the vacation of a public right -of- way unless the finding is consistent with the following criteria: (1) No current use of the right -of -way beneficial to the public interest exists; (2) No projected future use or re -use of the right -of -way beneficial to public interest exists; (3) No adverse impacts on public services caused by the proposed vacation now or in the future can be identified; and 2 39 of 140 (4) No adverse impacts to adjacent properties as well as major areas or land uses currently benefiting from a public service or system that uses the subject right -of -way can be identified. 10. Recommendation: After reviewing the staff report and all relevant information, staff recommends City Council abandon that portion of Madison Street lying west of U.S. 1, with the condition that the Cross Access Easement be recorded simultaneously with the recording of 'ReSOILItion R- 13 -11. ,,PREPARED BY DATE 3 40 of 140 Subm1t by Email Print Form Permit Application No. SE-1 City of Sebastian Development Order Annlicatinn Applicant If not owner, written authorization notarized from owner is required) Name: FSee Exhibit Attached Lot: Block: Unit: Subdivision: Remington Stewart, LLP, a Florida limited liability partnershi Address: 1130 Box 953578, Lake Mary, Florida 32795 Phone Number: FAX Numbe - 07 -7 7 -6474 07- 629 -1140 E -M ail• sneveleff @stewartrea ltyadvisors.com F Owner If different from applicant) Name: Address: Phone Number: ( ) - FAX Number. E -Mail: Title of permit or action requested: acate ROW PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -112" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): N/A B. Site Information Address: FSee Exhibit Attached Lot: Block: Unit: Subdivision: Indian River County Parcel #: Zoning Classification: Future Land Use: Existing Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action [The request to vacate the westerly Madison St. ROW is so that the surrounding parcels may be completely I Ideveloped commercially without leaving incompatible uses in the area. I DATE RECEIVED: _//7/ 13 FEE PAID: $ 560-00 RECEIVED BY: 41 of 140 Permit Application No. D. Project Personnel: Agent: Name: Steve Neveleff Address PO Box 953578, Lake Mary, Florida 32795 Phone Number. - AX Number F0777-6474 - 7- 629 -1140 E -Mail: rsneveleff@stewanrealtyadvisors.com G et( old 7P8 —'az4 Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number( ) - FAX Number: E -Mail: Surveyor: Name: Fst_!ll!r, Moler, Reed & Taylor, Inc. Address F1655 27th St., Suite 2, Vero Beach, FL 32960 Phone Number. - FAX Number: 72 -5 8050 - E2-7 9 -0647 E -Mail: FnikkimT bellsouth.net -'* A I, S_ xwy141'1 An't� aJ . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER _ 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLIC TION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCU TE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. � l A� 1 � SIGNATURE �) DrA�TEr SWORN TO AND SUBSCRIBED B ORE ME BY &,20 Pe V c 1 WHO IS, PERSONALLY KNOWN� �TyO E OR PROD ED AS IDENTIFICATION, THIS I_ Y OF r NOTARY'S SIGNATURE I ,,,o y °US;��, ANA M. MILIAN PRINTED NAME OF NOTARY c . '." i Notary Public -State of Florida COMMISSION NO. /EXPIRATION :aQ My Comm. Expires Sep 19, 2014 SEAL: ,,e o„ o?: Commission u FE 27050 42 of 140 Supplemental Information Streets, abandonment of 1. Describe Permit Application No. westerly portion of Madison St. as depicted in the attached exhibit. legal will be provided if vacation is approved. 2. Whv is this abandonment of a street intend to develop the frontage along US 1 as commercially. By acquiring the two 11 lots on the southerly side of Madison and vacating the Madison St. ROW will be able Ito deliver a commercial development that is completely compatible with the surroundings I leaving vacant ROW and undevelopable parcels of incompatible use. _ 3. Is this street current being used? If so, describe the street currently serves as ROW of the shopping center and the two small residential we have under contract to purchJsr -After acquisition we propose to have a joint access agreement with the shopping center owner and close the balance of the ROW. 4.Attach a map showing the location of the street that the abandonment is being requested. See Attached � I 0-k 'SJ-a -F Pa.G'CAs V-%C- U C---� no %..) Ioe-e,• - Ipy I?.e w•: tdl,- ST a •J 4""t- Form CD -2021 Pa e 1 of 1 Street Abandonment Apjprove& 8/27/97 Revision: File Name: Sistab 43 of 140 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits., variances, 145 np exceptions, and appeals. IIWE,LZ HE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARDICOMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MYIOUR PENDING APPLICATION. IIWE HEREBY WAIVE ANY OBJECTION OR DEFENSE 1/WE MAY HAVE, DUE TO THE QUASI — JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARDICOMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL. OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR P M1SES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF TH CITY OF SEBASTIAN. 1 J, SIGNATURE ddo�t'' DAYE Sworn to and subscribed before me who is personally known to rnept p uced r c�.v� as identification, this _Lg/ of , 20 Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: ANA M. MILIAN z Notary Public -State of Florida My Comm. Expires Sep 19, 2014 •••iFOF Commission # EE 27050 APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLI NT. l /Sl l3 ACKNOWLEDGMENT DATE 44 of 140 SCHEDULE 1 I his Instrument was Prepared by and Should be Returned to: Gene H. Godbold. Esq. GODBOLD, DOWNING & 13111, P.A. 222 west Comstock Avenue, Suite 101 Winter Park, Florida 32789 ------------- --- -------- --------I$1 >AC;F A.13041 THIS LINE FOR RECORDING DATA; - --- CROSS ACCESS EASEMENT THIS CROSS ACCESS EASEMENT is made and entered into this _ day of , 2013, by and between REMINGTON STEWART LLP, a Florida limited liability partnership, having an address of 817 Douglas Avenue. Suite 177. Altamonte Springs, Florida 32713 ( "RS ") and PLAZA ONE LLC, a Florida limited liability company, having an address of 1060 21" Street, Vero Beach, Florida 32960 ( "PLAZA "). RECITALS: A. The parties hereto each own one -half of the abandoned right of way of Madison Street contiguous to their property. A. In connection with the utilization of their property the parties are desirous of establishing a mutual ingress and egress easement over the Exhibit "A" property attached hereto and by reference incorporated herein (the 'Easement"). NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the parties hereby declare and establish in perpetuity a mutual easement for access over, under, and above the Exhibit "A" Property, subject to the terms and provisions hereinafter set forth. 1. The upkeep and maintenance of the Easement shall be responsibility of RS. RS has the right to extend the existing improvements (Driveway) existing on the easement to access the property owned by RS. 2. The above grant and Easement shall constitute a covenant running with the land and shall be in perpetuity unless mutually extinguished by the owners of the abutting property. 3. In the event any damage or destruction of the Easement is caused by an owner(s), their invitees, guests, tenants, or licensees, such repair and maintenance shall then be the sole responsibility of such party. In the event any owner(s) does not pay his share of upkeep and maintenance, the other owner(s) may undertake to repair the Easement and shall then furnish the amount due and owing to the owner(s) not then contributing to the upkeep and maintenance. If such amount is not paid within thirty (30) days after the date of notice, such shall bear interest from the due date at the rate of twelve percent (12 %) per annum and the paying owner(s) may bring an action at law against the other owner(s) and file in the Public Records a Notice of Lien and foreclose the lien against the property to which the indebtedness relates. Such lien shall run with the land and bind subsequent owners with or without actual notice. Interest, cost and reasonable 46 of 140 attorney's fees for such action or foreclosure shall be secured by such lien and may be recovered in such litigation by the paying owner(s). 4. This Agreement shall be binding upon the parties hereto, their successors and assigns, and constitutes the entire agreement between the parties. 5. If any legal action or other proceeding is brought for the enforcement of this Agree- ment, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including those relating to appeals or bankruptcy, in addition to any other relief to which it maybe entitled. Both parties agree that the sole venue for any such litigation shall be Indian River County, Florida. 6_ Each party shall deliver any further instruments and take any further action that may be reasonably requested by the other in order to carry out the provisions and purposes of this Agreement. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS ViMREOF, the Parties have heretmto set their hands and seals as of the day and year first above written. Signed, sealed and delivered in the presence of: REMMGTON STEWART LLP, a Florida limited liability partnership M Print Print Name: _S As i (Print Title) 47 of 140 STATE OF FLORIDA COUNTY OF _ x,vv,wtz The foregoing instrument was acknoj�'ledged before me this � day of a 2013, by Care p4 f'u �i+� of REMINGTON S EWART LLP, a Florida li'mited liability partnership, on behalf of said entity, who is [ ] personally known to me or [ ] produced C- t- 0�-pLi2 -aaQl S--- 3 10o as identification. F408onded MATTHEW J SZA18EL Notary Public - State of Florida otary Public NOtsCy My Comm. Expires Feb 8. 2014 Commission E ires: Commission # DD 957083 XP Through National Notary Assn. PLAZA ONE, LLC, a Florida limited liability company, 1� rn 10-t tea► a PrintWame: _ r STATE OF FLORIDA The ore oin instrument was acknowledged before me this P�a—y of 2013, by j AeAv -.6_ r of PLAZA ONE, LLC, a Fl rids limited liability company, on behalf of said Mti6, who is I or [ ] produced as i ntification. NotaryJPublic Notary Stamp Commission Expires: a FeE K COX my COMMISSON # DD W16 EXPIRES: February 23, 2014 pf tb`E BwdW Thm Notar+ Prime tkIderwdtem FAUSERS\FFredncJ Xk%Pe11ca1Remington Stewart -Plaza Gras Access Easemeu (Rev 3- 18-13) elean (S 3- 13).doc x Kl 48 of 140 i + M M" R c � olwo r r 4 FS '1 C f t� ,f 3 t7 CROF SEIIAST_" ��70� �e- HOME OF PELICAN isLAND CitV of Subject: resolution Accepting Quarterly Financial Report and Adopting Necessary Amendments to the Fiscal Year 2012 -13 Budget. iittal by: City Manager Lstian, Florida Agenda No. 12 6 - L3, 0 V Department Drigi Administrative City Attorney: City Clerk. Date Submitted: Jane 13, 2013 For Agenda of June 26, 2013 Exhibits: • Resolution No. R -13 -13 • Quarterly Financial Report For the Quarter Ended March 31, 2013 SUMMARY Pursuant to City financial policies, budget reviews and any necessary adjustments are presented to the City Council quarterly. A capital project status report, investment report and accomplishments are also included. No additional adjustments are necessary during the period requiring approval by the City Council. In accordance with the Annual Budget Resolution, the City Manager has approved budget transfers between accounts within Departments and made adjustments necessary to "implement programs, projects and expenditures authorized by the City Council ". Thus, the City Manager's adjustments included budget changes to reallocate funds to and from expenditure accounts and capital projects as necessary during the quarter. This time, there were also a number of changes approved by the City Council at regular meetings throughout the quarter. All these adjustments are summarized in Exhibit -A" attached to the Resolution. RECOMMENDED? ACTION Move to approve R- 13 -I3. 61 of 140 RESOLUTION NO. R -13 -13 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. WHEREAS, the City of Sebastian adopted Resolution No. R -12 -29 on September 26, 2012 approving the City's 2012 -13 budget, also referred to as the Annual Budget Resolution; and WHEREAS, the City of Sebastian adopted Resolution No. R -13 -05 on March 27, 2013 documenting budget changes during the quarter ending December 31, 2012; and WHEREAS, an analysis of the revenues and expenditures for the three (3) months ended March 31, 2013 has indicated that no further approvals of adjustments are required by the City Council; and WHEREAS, the City Council and City Manager have previously approved any necessary adjustments in accordance with the Annual Budget Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2012 and ending September 30, 2013 be amended as necessary, a summary of such amendments being attached hereto and more particularly identified as Exhibit "A ", the revised appropriations, if any, are set out therein and are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall become effective immediately upon its adoption. It was moved for adoption by Councilmember The motion was seconded by Councilmember was as follows: Mayor Bob McPartlan Vice -Mayor Don Wright Councilmember Andrea Coy Councilmember Jerome Adams Councilmember Jim Hill and, upon being put to a vote, the vote The Mayor thereupon declared this Resolution duly passed and adopted this 26`h day of June 2013. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA 0 Mayor Bob McPartlan Approved as to form and content for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 62 of 140 EXHIBIT "A" of RESOLUTION R -13 -13 63 of 140 SUMMARY OF BUDGET CHANGES FOR THE QUARTER ENDED MARCH 31, 2013 i !Amounts Chan es Authorized U Ci Mana er: t-o-rr-e-c-te-a approved budget to show t e inten ed amount rof the Fa­9-a a Sign Program an Sewer Connection Program. $ 4,000 'Transfer from Stormwater Division 1/4 round maintenance account to other contractual for pepper tree removal. $ 4,000 'Transfer from Fleet Maintenance operating accounts to capital equipment for replacement of a 1� 3 year old tire changer that was not cost effective to repair. �$ 3,929 !Trans ferfe from Roads Maintenance operating accounts to Training to learn about signage requirements. _ - $ 440. !Transfer from Golf Course contingency account to various accounts to cover advertising i expenses, purchase of a vibratory plow, emergency electrical work at the cart bam and }extra cost of scheduled equipment purchases. $ 18,0571 _ _ —r F- _— T -- -__— = _ !Transfer from Facilities Maintenance operating accounts for an air conditioner unit needed at the Senior Center. $ 4,445 Appropriates insurance claim reimbursement for damages to the Cemetery arches to account where repairs were charged. 1 $ 4,250 — - - -- L T ;Transfer from Roads Maintenance operating accounts to other contractural for cost of tree removal. $ 100 Transfer from City Clerk salaries account to small tools account for the purchase of two ;scanners. $ 846 I F E Changes Approved by City Council - Established budget for Englar Street Paving at 01/23/13 meeting_ $ 36 -- -173 Created budget for the Community Center Playground at 02/13/13 meeting — $ 25,000 jApproved allocation for the Storm_water Master Plan Update at 02/27/113 meeting. $ 32,500 !Approved work on a sign inventory at 02/27/13 meeting. �- $ 14,500 Created budget for Senior Resources Survey at 03/14/13 meeting Additional Changes Submitted for City Council Approval: i !Ni o changes are submitted at this time. - -� 63 of 140 CITY OF SEBA$T!AN HOME OF PELICAN ISLAND QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED MARCH 31, 2413 Prepared by Administrative Services Department 64 of 140 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT EXECUTIVE SUMMARY OVERVIEW THE OVERALL STATUS AT THE END OF THE 2ND QUARTER IS SATISFACTORY. GENERAL FUND REVENUES AND EXPENDITURES GENERALLY APPEAR IN LINE WITH EXPECTATIONS AND CASH RESERVES ARE AT EXPECTED LEVELS FOR THIS TIME OF THE YEAR, REVENUE COLLECTIONS AT BOTH THE GOLF COURSE AND BUILDING FUNDS ARE GOOD. GENERAL FUND The graph below and left compares General Fund Revenues. Expenditures and Total Cash Reserves at the end of the current quarter to the end of the prior fiscal year. Reserves balances are at good levels for this point in the year. The graph below and right compares the 2"d quarter of the current year to the 2 "d quarter of the prior 2 years. Revenues and amounts Expended appear in line with prior years' 2'd quarters and Reserves are at expected levels. 10,000,000 •' - 8,000,000 6,000,000 f 4,000.000 2,n0a,0o0 0 Revenues EVendetl Rest 9,684,939 9,765,285 5,002,171 3!31!2013 5,637,015 d,837,152 5,802,034 7,000,000 6,000.000 _ 5A00.000 - -- 4.000,000 3,000.000 2,000,000 1,000,000 0 Ad Revenues Expennd Reserves I03131!2011 5,635,406 4,872,057 6,375,746 ■3!3112012 5,314,684 4,932,667 5,464,454 _ CIV3112011 5.637,015 4,837,152 5,602,034 The graph below and left shows collections through the 2 "d quarter of the three main sources of General Fund Revenue and of those three as a total. Those three sources and property taxes are 68% of all budgeted revenue. About $28,000 of additional revenue above budget is projected from those three sources. The graph below and right shows the percentage of budgeted expenditures at the end of the 2 "d quarter. The City Clerk's office is at 57.0% of budget due to annual renewals of equipment maintenance contracts and election costs. Administrative Services is at 54,61/" due to payment of annual audit fees and Non- Departmental is at 61.5% due to the full transfer of the City's CRA contribution. 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 2nd Qtr 2012 2nd Qtr 2013 2013 Budget 2013 Projection 13 Electric Franchise d Electric Utility Tax ■Half-cent Safes Tax 13 Totals of N e Three SPECIAL REVENUE FUNDS AND CAPITAL PROJECTS 70A% 9000 ate" For the most part, Special Revenue Funds provide the monies needed for capital projects. The graph below and left shows collections through the 2"d quarter of the current year to the 2"d quarter of last year and shows the current annual budget and staff-s projection for this year for local Option Gas Taxes (LOGT ), Discretionary Sales Tax (DST) and Stormwater Fees. DST collections are above budget expectations. The graph below and right shows the total amounts budgeted this year for capital projects, as compared to amounts spent through the end of the 2nd quarter. It reflects the cancellation of the Caveor paving project. 2,000,000 - 1,600.000 1,400,004 - 1,200000 , 600,000 600,000 400,000 200,000 r. a LJO LLP l CSC 5 F` Ada a`ot yd:11 Page 1 oft 65 of 140 `` CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT EXECUTIVE SUMMARY (CONTINUED) DEBT SERVICE FUNDS AND LONG -TERM DEBT The City's bonded debt is accounted l'or in the two Debt Service Funds. They are the Discretionary Sales Tax Bonds ($5.420,000 outstanding, maturing 410111$) and the Stormwater Revenue Bonds ($3,505,000 outstanding, maturing 5101122). The City also has a Bank Note for Street Repaving ($2,199,000 outstanding, maturing 12101122) and a Bank Note for Golf Course Equipment ($51,953 outstanding, maturing 12106115). The City is in compliance with covenants and repayment requirements on all these obligations. GULF COURSE The graph below and tell compares Golf Course Revenues, Expenses and Reserves at the end of the 2 "d quarter to the end of the prior fiscal year. The graph below and right compares Revenues. Expenses and Reserves for the 2 "d quarter of the current year to the 2nd quarter of the prior two years. Reserves are net of liabilities for accrued leave and advance payment of fees (about $90,000).. 1,aao,DO0 ' 600,000 600,000 r 4001000 Revenues 200,000 2373112011 0 3131!2012 o - - 1,000,p00 304,243 Revenues Expended Reserves 913072412 800,000 313172013 354,106 347.372 (57,744} 600'000 Revenues Ended Reserves 400,000 ■3+3172011 233,531 213„921 200A00 83131=12 0 197,891 504,544 (200.000) Revenues Expended Reserves 661,025 9730!2012' 1.354,069 - - 1,339,730 [160.689} 313W2013 942,687 766,809 53,923 1,DDD,BaD , 600.000 600,000 Al j 400,000 204.400 �-�.- Revenues E.Pce4ded R"erves ■3!3712671 808,62{ 640,624 (62,766) ■3731=12 938,741 672,497 68,243 02M*013 942,687 766,809 93.923 AIRPORT The graph below and left compares Airport Revenues, Expenses and Reserves at the end of the 2 "d quarter to the end of the prior fiscal year. The graph below and right compares the 2 "d quarter of the current year to the 2 "d quarter of the prior two years. Reserves are net of liabilities for accrued leave (about $63,000) but not long -term advances from other Funds. Receiving the DST construction advance during in 2011 caused reserves to appear high. 800,000 600,000 600,000 r 4001000 Revenues 200,000 2373112011 0 3131!2012 o - (200.000) Revenues Expended Reserves 304,243 Revenues Expended Reserves 913072412 645,579 555,324 (64,860) 313172013 354,106 347.372 (57,744} 8W,000 600,400 4DO,4D0 2DOA00 0 600,000 400.000 r Expanded Reserves Revenues 0 2373112011 0 3131!2012 546,289 378,255 707,370 192,423 (47,006) Revenues Expended Reserves 304,243 8130f2012 0313112013 354,106 347,372 1 (57,744) BUILDING The graph below and left compares Building Department Revenues, Expenses and Reserves at the end of the 2 "d quarter to the end of the prior fiscal year. The graph below and right compares the 2nd quarter or the current year to the 2nd quarter of the prior two years. 2nd quarter Revenues are higher than received in the 2 "d quarter for several years. Reserves are net of liabilities for accrued leave and advance payment of business taxes (about $95.000). 600,000 600,000 400.000 r 200,000 - 0 4W,0W (200,000) 300,000 Revenues Expended Reserves 8130f2012 426,218 _ _ 399,497 487,169 - -- 3731f2013 100.000 359.893 190,281 651,025 700,000 600.000 500,000 4W,0W 300,000 2W „oW -. 100.000 Revenues Ended Reserves ■3+3172011 233,531 213„921 545,813 _ 83131=12 241,629 197,891 504,544 0373172013 359,893 196,261 661,025 Page 2 of 2 66 of 140 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 03131113 CITY COUNCIL 2009/2010 2010/2011 2011/2012 2012/2013 2012/2013 2012/2013 CITY MANAGER 2nd QTR 2nd QTR 2nd QTR 2nd QTR ANNUAL PERCENT CITY CLERK ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET GENERALFUND 50,925 48,917 48,855 40,180 102,360 39.25% TAXES - 4,824,326 - 4,201,952 - 3,888,945 - 4,112,452 - 6,480,333 63.46% LICENSES & PERMITS - 16,813 - 12,425 - 13,226 - 18,731 - 28,950 64.70% INTERGVT'L REVENUE - 813,304 - 770,955 - 800,481 - 840,493 - 1,919,700 43.78% CHARGES FOR SERVICE - 151,601 - 134,576 - 145,027 - 180,828 - 373,347 48.43% FINES AND FORFEITS - 34,485 - 37,323 - 31,378 - 31,448 - 70,500 44.61% MISC. REVENUE - 106,343 - 109,813 - 90,058 - 173,966 - 269,113 64.64% TRANSFERS IN - 382,444 - 368,364 - 345,569 - 280,000 - 565,399 49.52% FROM FUND BALANCES - - - - - 31,481 0.00% GENERAL FUND REVENUE - 6,329,315 - 5,635,406 - 5,314,684 - 5,637,918 - 9,738,823 57.89% CITY COUNCIL 22,278 21,584 22,836 24,175 51,717 46.74% CITY MANAGER 116,187 104,272 108,976 109,899 233,387 47.09% CITY CLERK 154,065 128,773 165,432 161,816 283,667 57.04% LEGAL 50,925 48,917 48,855 40,180 102,360 39.25% FINANCE /ACCOUNTING 247,835 246,059 257,341 261,466 478,561 54.64% M.I.S. DIVISION 113,227 114,496 87,000 77,795 163,290 47.64% POLICE TOTAL 2,214,526 2,208,726 2,174,169 2,094,730 4,199,206 49.88% PUBLIC WORKS 1,670,847 1,451,628 1,504,453 1,472,606 3,205,770 45.94% GROWTH MANAGEMENT 175,469 165,923 116,978 116,264 242,980 47.85% NON - DEPARTMENTAL 491,361 381,680 446,648 478,222 777,885 61.48% GENERAL FUND EXPENDITURES 5,256,721 4,872,057 4,932,687 4,837,152 9,738,823 49.67% LOCAL OPTION GAS TAX 1,120,494 909,191 1,418,280 924,506 2,745,621 33.67% TAXES - 252,677 - 235,440 - 239,702 - 234,204 - 560,000 41.82% INTERGVT'L REVENUE - - - - -9,474 0.00% MISC. REVENUE - 2,463,052 -1,144 -13 -85 -1,630 5.22% TRANSFERS IN - - - - - 14,500 0.00% FROM FUND BALANCES - - - - 175,000 0.00% LOGT FUND REVENUE - 2,715,729 - 236,584 - 239,715 - 234,289 - 585,604 40.01% OPERATING EXPENSES 138,118 105,414 98,595 95,819 222,500 43.06% DEBT SERVICE 1,180,439 132,207 132,783 122,241 243,076 50.29% GRANTS AND AIDS 50,000 50,000 50,000 - - 0.00% TRANSFERS OUT 88,288 949,587 62,500 200,016 275,000 72.73% TO FUND BALANCES - - - - 20,028 0.00% LOGT FUND EXPENDITURES 1,456,846 1,237,208 343,878 418,075 585,604 71.39% DISCRETIONARY SALES TAX TAXES - 972,596 - 978,640 - 1,012,949 - 1,067,515 - 2,414,900 44.21% MISC. REVENUE -9,726 -519 -2,221 -2,255 - 21,975 10.26% TRANSFERS IN - 222,000 - - - - 0.00% FROM FUND BALANCES - - - - - 308,746 0.00% DST FUND REVENUE - 1,204,322 - 979,158 - 1,015,170 - 1,069,770 - 2,745,621 38.96% TRANSFERS OUT 1,120,494 909,191 1,418,280 924,506 2,745,621 33.67% DST EXPENDITURES 1,120,494 909,191 1,418,280 924,506 2,745,621 33.67% RIVERFRONT REDEVELOPMENT FUND MISC. REVENUE -1,653 -1,450 -1,163 -301 -3,064 9.82% TRANSFERS IN - 430,036 - 297,620 - 255,069 - 266,323 - 264,809 100.57% FROM FUND BALANCES - - - - - 192,167 0.00% RRD REVENUE - 431,689 - 299,070 - 256,232 - 266,624 - 460,040 57.96% OPERATING EXPENSES 52,674 60,134 65,325 65,596 114,040 57.52% CAPITAL OUTLAY 4,024 - - - - 0.00% GRANTS AND AIDS - 40,875 17,000 - 36,000 0.00% TRANSFERS OUT 38,302 207,085 32,841 33,354 310,000 10.76% RRD EXPENDITURES 95,000 308,094 115,166 98,950 460,040 21.51% 67 of 140 0 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 03/31/13 2009/2010 2010/2011 2011/2012 2012/2013 2012/2013 2012/2013 2nd QTR 2nd QTR 2nd QTR 2nd QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET PARKING IN LIEU OF FUND - 713,877 - 693,837 - 683,597 - 882,741 - 1,006,957 87.66% MISC. REVENUE - -5,741 -6,909 -6,925 - 13,850 50.00% FROM FUND BALANCES - - - - - 26,482 0.00% PARKING IN LIEU OF REVENUE - -5,741 -6,909 -6,925 - 40,332 17.17% TO FUND BALANCES - - - - 40,332 0.00% PARKING IN LIEU OF EXPENDITURE - - - - 40,332 0.00% LAW ENFORCE FORFEITURE FUND 890,622 898,516 915,438 926,271 1,018,123 RECREATION IMPACT FEE FUND FINES AND FORFEITS -1,177 -800 - - -8,000 MISC. REVENUE - 20,673 - 13,722 - 27,392 - 70,735 - 41,535 170.30% FROM FUND BALANCES - - - - - 313,465 0.00% RECREATION IMPACT FEE REVENUE - 20,673 - 13,722 - 27,392 - 70,735 - 355,000 19.93% CAPITAL OUTLAY - - - 5,523 - 0.00% TRANSFERS OUT 16,586 57,254 89,755 100,591 355,000 28.34% RECREATION IMPACT FEE EXPENSE 16,586 57,254 89,755 106,114 355,000 29.89% STORMWATER UTILITY FUND MISC. REVENUE - 713,877 - 693,837 - 683,597 - 882,741 - 1,006,957 87.66% FROM FUND BALANCES - - - - - 47,551 0.00% STORMWATER FUND REVENUE - 713,877 - 693,837 - 683,597 - 882,741 - 1,054,508 83.71% OPERATING EXPENSES - - - 24,443 45,100 54.20% TRANSFERS OUT 535,754 469,439 620,338 469,704 1,009,408 46.53% STORMWATER FUND EXPENSE 535,754 469,439 620,338 494,147 1,054,508 46.86% LAW ENFORCE FORFEITURE FUND 890,622 898,516 915,438 926,271 1,018,123 90.98% FINES AND FORFEITS -1,177 -800 - - -8,000 0.00% MISC. REVENUE -4,922 -81 -85 -85 -2,125 3.98% LAW ENFORCE FORFEITURE REVENUE -6,099 -881 -85 -85 - 10,125 0.84% OPERATING EXPENSES 4,079 1,260 - - - 0.00% CAPITAL OUTLAY - 5,881 - - - 0.00% TO FUND BALANCES - - - - 10,125 0.00% LAW ENFORCE FORFEITURE EXPENSE 4,079 7,141 - - 10,125 0.00% DST 2003 DEBT SERVICE FUND MISC. REVENUE -1,287 -2,166 -5,759 -2,541 - 22,365 11.36% TRANSFERS IN - 517,932 - 498,779 - 498,696 - 497,310 - 994,621 50.00% FROM FUND BALANCES - - - - -1,137 0.00% DST DEBT SERVICE FUND REVENUE - 519,219 - 500,945 - 504,454 - 499,852 - 1,018,123 49.10% OPERATING EXPENSES 675 675 300 675 300 225.00% DEBT SERVICE 889,947 897,841 915,138 925,596 1,017,823 90.94% DST DEBT SERVICE FUND EXPENSE 890,622 898,516 915,438 926,271 1,018,123 90.98% STORMWATER 2003 DEBT SERVICE FUND MISC. REVENUE -310 -110 -92 -373 -1,056 35.33% TRANSFERS IN - 219,120 - 219,439 - 219,261 - 219,704 - 439,408 50.00% STORMWATER DEBT FUND REVENUE - 219,430 - 219,549 - 219,353 - 220,077 - 440,464 49.96% DEBT SERVICE 89,118 439,410 79,999 74,399 439,048 16.95% TO FUND BALANCES - - - - 1,416 0.00% STORMWATER DEBT FUND EXPENSE 89,118 439,410 79,999 74,399 440,464 16.89% 68 of 140 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 03/31/13 PERSONAL SERVICES 2009/2010 2010/2011 2011/2012 2012/2013 2012/2013 2012/2013 OPERATING EXPENSES 2nd QTR 2nd QTR 2nd QTR 2nd QTR ANNUAL PERCENT CAPITAL OUTLAY ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET GOLF COURSE FUND 78,263 72,023 73,443 76,737 146,274 52.46% CHARGES FOR SERVICE - 841,700 - 871,224 - 903,172 - 839,781 - 1,357,775 61.85% MISC. REVENUE - 29,624 - 37,699 - 35,529 - 102,906 - 91,396 112.59% GOLF COURSE FUND REVENUE -871,324 -908,924 --938,701 , -1, 9,171 6 -57 U 5 0 PERSONAL SERVICES 119,288 116,059 100,459 105,037 218,529 48.07% OPERATING EXPENSES 147,617 174,526 182,600 201,141 345,669 58.19% CAPITAL OUTLAY - 4,699 25,311 58,176 - 0.00% DEBT SERVICE 7,375 - - - - 0.00% TRANSFERS OUT - - 18,281 41,834 65,000 64.36% TO FUND BALANCES - - - - 9,400 0.00% ADMINISTRATION 274,280 295,285 326,651 406,188 638,598 63.61% OPERATING EXPENSES 274,536 273,317 272,403 279,360 583,185 47.90% CAPITAL OUTLAY 10,000 - - 1,107 65,476 1.69% DEBT SERVICE - - - 5,518 15,638 35.28% MAINTENANCE 284,536 273,317 272,403 285,985 664,299 43.05% PERSONAL SERVICES 35,771 35,075 36,575 34,813 77,089 45.16% OPERATING EXPENSES 42,492 36,948 36,868 41,923 69,185 60.60% CAPITAL OUTLAY - - - - - 0.00% GOLF COURSE CARTS 78,263 72,023 73,443 76,737 146,274 52.46% GOLF COURSE FUND EXPENSES 637,079 640,624 ,4 768,909 ,4 , 5TUPF6 AIRPORT 178,298 166,374 152,891 155,264 319,884 48.54% CHARGES FOR SERVICE - 20,628 -6,296 -8,152 -3,391 - 25,000 13.56% MISC. REVENUE - 753,943 - 639,993 - 370,102 - 350,715 - 413,319 84.85% TRANSFERS IN - 10,520 - - - - 0.00% FROM FUND BALANCES - - - - -7,309 0.00% AIRPORT REVENUE -785,091 - -3-18,255 -354,106 7 §7 Wo PERSONAL SERVICES 109,895 104,233 115,616 85,695 176,456 48.56% OPERATING EXPENSES 115,953 124,334 131,326 141,473 232,597 60.82% CAPITAL OUTLAY 781,937 188,803 57,301 119,462 - 0.00% DEBT SERVICE - - - - 16,575 0.00% TRANSFERS OUT - 290,000 - - - 0.00% ADMINISTRATION EXPENSES 1,007,785 707,370 304,243 346,630 425,628 81.44% OPERATING EXPENSES - - - 742 20,000 3.71% ECONOMIC DEVELOPMENT EXPENSES - - - 742 20,000 3.71% AIRPORT EXPENSES --1-,007,785 707,370 , 347,372 445, 628 7 7.T5-6F6 BUILDING LICENSES & PERMITS - 213,392 - 228,957 - 233,913 - 350,863 - 406,150 86.39% CHARGES FOR SERVICE -1,687 -1,809 -2,909 -5,964 -6,300 94.67% FINES AND FORFEITS -1,800 -1,859 -2,893 -1,871 -5,500 34.01% MISC. REVENUE -4,349 -906 -1,914 -1,194 -3,600 33.18% BUILDING REVENUES -221,228 -233,531 -241,629 -359,893 -421,5 7 6 PERSONAL SERVICES 178,298 166,374 152,891 155,264 319,884 48.54% OPERATING EXPENSES 55,942 47,547 45,000 40,997 91,116 44.99% TO FUND BALANCES - - - - 10,550 0.00% BUILDING EXPENSES 234,239 213,921 7, , 421,550 493W6 69 of 140 CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 03131113 200912010 201012011 201112012 201212013 2nd QTR 2nd QTR 2nd QTR 2nd QTR ACTUALS ACTUALS ACTUALS ACTUALS 201212013 2012/2013 ANNUAL PERCENT BUDGET OF BUDGET CITY COUNCIL 183,067 179,607 192,820 195,757 397,206 49.28% PERSONAL SERVICES 11,390 11,382 11,381 11,370 22,745 49.99% OPERATING EXPENSES 10,887 10,202 11,455 12,805 28,972 44.20% CITY COUNCIL 22,278 21,584 22,836 24,175 51,717 46.74% CITY MANAGER 92,566 91,289 56,712 54,803 117,955 46.46% PERSONAL SERVICES 113,547 103,280 107,654 107,744 229,837 46.88% OPERATING EXPENSES 2,640 992 1,323 2,155 3,550 60.70% CITY MANAGER 116,187 104,272 108,976 109,899 233,387 47.09% CITY CLERK PERSONAL SERVICES 109,870 108,074 119,331 132,182 245,832 53.77% OPERATING EXPENSES 44,195 20,699 46,101 29,634 37,835 78.32% CITY CLERK 154,065 128,773 165,432 161,816 283,667 57.04% LEGAL OPERATING EXPENSES 50,925 48,917 48,855 40,180 102,360 39.25% LEGAL 50,925 48,917 48,855 40,180 102,360 39.25% ADMINISTRATIVE SERVICES PERSONAL SERVICES 183,067 179,607 192,820 195,757 397,206 49.28% OPERATING EXPENSES 64,768 66,452 64,520 65,708 81,355 80.77% ADMINISTRATIVE SERVICES 247,835 246,059 257,341 261,466 478,561 54.64% M.I.S. DIVISION PERSONAL SERVICES 92,566 91,289 56,712 54,803 117,955 46.46% OPERATING EXPENSES 19,361 23,207 26,109 22,992 40,335 57.00% CAPITAL OUTLAY 1,301 - 4,178 - 5,000 0.00% M.I.S. DIVISION 113,227 114,496 87,000 77,795 163,290 47.64% POLICE ADMINISTRATION PERSONAL SERVICES 246,255 222,383 268,065 228,370 501,230 45.56% OPERATING EXPENSES 64,807 58,270 54,384 57,729 103,685 55.68% POLICE ADMINISTRATION 311,062 280,653 322,449 286,099 604,915 47.30% POLICE PATROL PERSONAL SERVICES 1,012,813 1,056,008 1,066,989 1,084,028 2,060,690 52.61% OPERATING EXPENSES 76,818 106,852 104,384 110,924 193,135 57.43% CAPITAL OUTLAY 30,781 30,118 - 3,647 - 0.00% POLICE PATROL 1,120,412 1,192,978 1,171,372 1,198,599 2,253,825 53.18% CODE ENFORCEMENT DIVISION PERSONAL SERVICES 54,274 63,825 69,950 67,532 143,719 46.99% OPERATING EXPENSES 8,688 9,570 10,557 12,327 20,680 59.61% CODE ENFORCEMENT DIVISIO 62,961 73,395 80,507 79,859 164,399 48.58% POLICE INVESTIGATIONS PERSONAL SERVICES 448,211 396,079 299,099 260,650 580,024 44.94% OPERATING EXPENSES 45,304 44,965 48,814 47,194 98,716 47.81% CAPITAL OUTLAY 0 919 1,381 - - 0.00% POLICE INVESTIGATIONS 493,515 441,963 349,293 307,844 678,740 45.36% POLICE COMMUNICATIONS PERSONAL SERVICES 225,764 217,385 246,402 220,518 489,592 45.04% OPERATING EXPENSES 811 2,352 2,150 1,811 7,735 23.41% CAPITAL OUTLAY - - 1,996 - - 0.00% POLICE COMMUNICATIONS 226,575 219,736 250,547 222,329 497,327 44.70% 70 of 140 @ CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 03131113 ROADS AND DRAINAGE PERSONAL SERVICES 348,775 300,433 304,269 301,576 622,687 48.43% OPERATING EXPENSES 67,783 48,502 39,848 37,613 108,733 34.59% CAPITAL OUTLAY - - - 38,579 39,000 98.92% ROADS AND DRAINAGE 416,558 348,935 344,117 377,769 770,420 49.03% STORMWATER UTILITY DIVISION - - - - 63,561 0.00% PERSONAL SERVICES 281,410 267,411 224,379 243,808 496,889 49.07% OPERATING EXPENSES 190,379 211,810 218,870 118,032 405,890 29.08% CAPITAL OUTLAY 1,572 - - - 1,200 0.00% STORMWATER UTILITY DIVIS 473,362 479,220 443,249 361,841 903,979 40.03% CENTRAL GARAGE PERSONAL SERVICES 77,160 46,329 83,872 88,296 182,300 48.43% OPERATING EXPENSES 17,534 13,579 8,879 8,160 20,537 39.74% CAPITAL OUTLAY 12,000 - 1,006 3,929 3,929 100.00% CENTRAL GARAGE 106,693 59,907 93,757 100,385 206,766 48.55% FACILITIES MAINTENANCE PERSONAL SERVICES 53,497 50,682 74,767 68,472 137,847 49.67% OPERATING EXPENSES 60,778 44,562 43,917 51,377 110,331 46.57% CAPITAL OUTLAY - - - 12,487 44,445 28.10% FACILITIES MAINTENANCE 114,275 95,243 118,684 132,336 292,623 45.22% PARKS /RECREATION PERSONAL SERVICES 361,490 310,741 315,962 310,808 652,045 47.67% OPERATING EXPENSES 121,512 108,417 114,928 110,537 229,683 48.13% CAPITAL OUTLAY 2,475 1,430 10,679 19,190 33,000 58.15% PARKS /RECREATION 485,477 420,587 441,569 440,536 914,728 48.16% CEMETERY PERSONAL SERVICES 63,501 39,476 43,189 42,474 86,814 48.93% OPERATING EXPENSES 10,981 8,260 11,089 17,265 30,440 56.72% CAPITAL OUTLAY - - 8,800 - - 0.00% CEMETERY 74,482 47,736 63,078 59,739 117,254 50.95% GROWTH MANAGEMENT PERSONAL SERVICES 168,591 142,349 107,568 107,391 222,280 48.31% OPERATING EXPENSES 6,878 23,574 9,410 8,873 20,700 42.87% GROWTH MANAGEMENT 175,469 165,923 116,978 116,264 242,980 47.85% NON - DEPARTMENTAL PERSONAL SERVICES 11,095 8,154 80,717 60,571 210,981 28.71% OPERATING EXPENSES 480,267 373,527 365,931 416,933 503,343 82.83% GRANTS AND AIDS - - - 718 - 0.00% TRANSFERS OUT - - - - 63,561 0.00% NON - DEPARTMENTAL 491,361 381,680 446,648 478,222 777,885 61.48% TOTAL GENERAL FUND PERSONAL SERVICES 3,863,279 3,614,885 3,673,124 3,586,351 7,400,673 48.46% OPERATING EXPENSES 1,345,313 1,224,705 1,231,523 1,172,250 2,148,015 54.57% CAPITAL OUTLAY 48,128 32,467 28,040 77,833 126,574 0.00% GRANTS AND AIDS - - - 718 - 0.00% TRANSFERS OUT - - - - 63,561 0.00% TOTAL GENERAL FLUND 5,256,721 4,872,057 4,932,687 4,837,152 9,738,823 49.67% 71 of 140 �, i' CAPITAL PROJECT STATUS REPORT 3/31/2013 FUND 310 GENERAL CAPITAL PROJECTS Percent Project Project Expenditures Funds Expended/ Number Description Budget To Date Encumbrances Remaining Encumbered A1310 Police Vehicle Replacement 56,000.00 56,722.91 - (722.91) 101.29% A1311 Old City Hall Windows 15,000.00 - - 15,000.00 0.00% A1312 FDLE Firewall 5,000.00 - - 5,000.00 0.00% A1313 Diesel Fuel Tanks 15,000.00 - - 15,000.00 0.00% A1314 Stormwater Equipment 230,000.00 - 216,039.00 13,961.00 0.00% 321,000.00 56,722.91 216,039.00 48,238.09 17.67% FUND 320 CAPITAL IMPROVEMENT PROJECTS Percent Project Project Expenditures Funds Expended/ Number Description Budget To Date Encumbrances Remaining Encumbered C0921 Schumann Park Improvements 246,460.00 239,945.77 5,377.26 1,136.97 97.36% C1123 Bark Park Amenties 100,000.00 11,478.50 6,300.00 82,221.50 11.48% C1124 Lift Station - Riverview Park 100,586.50 62,862.49 - 37,724.01 62.50% C1125 Riverview Park Irrigation Fountains 25,000.00 8,261.52 - 16,738.48 33.05% A1222 Blueway Signage 25,000.00 - - 25,000.00 0.00% A1223 Bleacher Shields 50,000.00 86.49 - 49,913.51 0.17% A1224 Creative Playground 130,000.00 99,718.00 4,566.69 25,715.31 76.71% A1225 Handicapp Pier 15,000.00 - - 15,000.00 0.00% A1320 Fish House Improvements 325,000.00 - - 325,000.00 0.00% A1322 Schumann Park Playground 25,000.00 - - 25,000.00 0.00% A1323 Volley Ball Court Lighting (RVP) 20,000.00 - - 20,000.00 0.00% A1324 Multi -use Field Lighting (BBSC) 185,000.00 873.06 168,000.00 16,126.94 0.47% A1325 Community Center Playground 25,000.00 - - 25,000.00 0.00% 1,272,046.50 423,225.83 184,243.95 664,576.72 33.27% FUND 330 TRANSPORTATION CAPITAL PROJECTS Percent Project Project Expenditures Funds Expended/ Number Description Budget To Date Encumbrances Remaining Encumbered C1126 Presidental Streets 473,500.00 33,179.44 - 440,320.56 7.01% C1132 Gateway Enhancement 25,000.00 - - 25,000.00 0.00% P0001 Road Paving 363,615.57 239,570.28 - 124,045.29 65.89% A1231 Cav Corp Enhancements 825,000.00 52,172.46 17,967.56 754,859.98 6.32% A1233 Indian River Drive Parking 125,000.00 55,117.74 2,500.00 67,382.26 44.09% A1234 Davis Street Sewer 150,000.00 5,463.00 - 144,537.00 3.64% A1330 Barber Street Bridge Repairs 60,000.00 - - 60,000.00 0.00% 2,022,115.57 385,502.92 20,467.56 1,616,145.09 19.06% FUND 363 STORMWATER IMPROVEMENT FUND Percent Project Project Expenditures Funds Expended/ Number Description Budget To Date Encumbrances Remaining Encumbered P0004 1/4 Round Swale Rehab 467,500.00 280,445.80 66,180.70 120,873.50 59.99 % C1601 Stormwater Master Plan 60,000.00 27,500.00 32,500.00 - 45.83% 527,500.00 307,945.80 98,680.70 120,873.50 58.38% FUND 455 AIRPORT PROJECTS Percent Project Project Expenditures Funds Expended/ Number Description Budget To Date Encumbrances Remaining Encumbered C1152 Install Security Cameras 43,000.00 24,777.49 16,939.00 1,283.51 57.62% A1251 Airport, Survey, Marking and Apron Rehab 164,400.00 96,558.83 64,571.89 3,269.28 58.73% A1351 Main Street Access Road 1,200,000.00 - - 1,200,000.00 0.00% 1,407,400.00 121,336.32 81,510.89 1,204,552.79 I.16 TOTAL OF ALL PROJECTS 5,550,062.07 1,294,733.78 600,942.10 3,654,386.19 57.62% 72 of 140 QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31, 2013 As of March 31, 2013, the total available funds of the City were $13,733,489. $9,295,096 was held in an interest bearing checking account and $3,575,223 was invested with the State Board of Administration. All of the remaining investments in government securities matured during the quarter. At this time, the obtainable yields for maturities less than three years are less than the yield received on our checking account. STATE BOARD OF ADMINISTRATION CURRENT INVESTMENT ALLOCATION PERCENT BALANCE General Fund + Performance Deposits 50.82% 1,817,068.79 Discretionary Sales Tax Fund 23.94% 855,998.08 Riverfront Redevelopment Fund 2.81% 100,579.55 Parking In- Lieu -Of Fund 0.93% 33,389.68 Recreation Impact Fee Fund 0.57% 20,233.65 Law Enforcement Forfeiture Fund 1.67% 59,660.88 Golf Course Projects Fund 1.89% 67,437.27 Building Department Fund 10.23% 365,748.09 Cemetery Trust Fund 7.14% 255,106.76 Total 100% 3,575,222.75 73 of 140 ayy 0[ SIB"_.!" HOW Of PELICAN ISLAND Memorandum To: Mayor and City Council Thru: Al Minner, City Manager From: Kenneth W. KiI]gore, Director of Finance Plate: May 10, 2013 Re: 2 "6 Quarter Accomplishments Fiscal Year 2013 Enclosed please find the 2 "d Quarter Accomplishments for City Departments as assembled and edited by the Administrative Services Department for the three months ended March 31, 2011 CITY CLERK Legislative Support -Matters • Prepared agenda packets and minutes for six Regular City Council meetings, three CRA meetings, one Board of Adjustment meeting — attended meetings for a total of 15.5 hours. • Three resolutions adopted. • One ordinance adopted, one ordinance passed on first reading. • Five proclamations prepared and presented. • Placed six legal notices in Press Journal. • Provided monthly City calendars and revisions to Council, city staff and press. • Provided monthly regional and county board meeting calendars to Council. • Provided notice to regional boards and committees of Council appointees. • Coordinated attendance of clergy for Council ineeting invocations. • Prepared travel reimbursement for one Council Member for attendance to 1EMO. • Proofed and distributed two code book supplements. Records Management Program • Responded to 31 public records requests. • 37 banker boxes of records that reached retention or were scanned & 15 bags of duplicate and OSA records destroyed by Shred -it Recycling — 24 trees saved. • Scanned into Laser4iche — 20 sets of minutes, 22 agenda packets, 3 Agendas Only, 4 Resolutions, l ordinance, 2 agreements, 6 Election Documents, 1 Vehicle Document, 10 Cemetery files, and other documents. Election Matters • Pre - qualified one candidate for City Council in January. • Prepared and posted Candidate Handbook for November 5, 2013 general election to website. • Coordinated use of city facility by SOE for special Hospital District Election in January. City Board Matters • Filled two board vacancies. • Prepared one certificates of appreciation for outgoing board members. • City Clerk and Deputy recorded Jan and Feb CRA meetings. • City Clerk and Deputy recorded Feb Board of Adjustment meeting. • City Clerk recorded March CRA Meeting. • RPM recorded Jan and Feb Natural Resources Board meetings. • Deputy City Clerk recorded March Natural Resources Board meeting. 74 of 140 0/6 • RPM recorded Feb Budget Review Advisory Board meeting. • Deputy recorded March Budget Review Advisory Board meeting. • Deputy recorded Feb Veterans Advisory Board meeting. • Deputy assisted with preparation for NRB Earth Day. Cemetery Matters • Certificates of Interment Rights issued for 11 locations for a total of $17,000. Community /Staff Matters • Responded to 60 a -mails to the General City of Sebastian e-mail address and/or forwarded to appropriate departments for response. • Deputy City Clerk weekly update of City Hall marquee. • Clerk swore in one police officer. • Deputy Clerk swore in two reserve police officers. • Clerk and RPM volunteered at Fellsmere Frog Leg Festival. Personnel/Educational Matters • Deputy Clerk attended Laserfiche Version 9 Seminar in Winter Springs, FL — March 7. • Deputy Clerk attended on site leadership training — Conflict Resolution — March 20. • Reduced to two staff end of February for interim — new hire planned for summer. ADMINISTRATIVE SERVICES • Prepared the I" Quarter 2013 Budget Amendment to the City Council. • Worked with Auditors to complete the FY2012 audit and preparation of financial statements. • Submitted FY2012 Comprehensive Annual Financial Report to the Government Finance Officers Association Awards Program. • Developed budget calendar for events that will keep preparation of the FY2014 budget on schedule. • Handled normal processing of payroll, accounts payable and cashiering. • Coordinated the quarterly employee investment meetings with ICMA. • Monitored and completed required grant paperwork on Airport and other grants. • Monitored and approved payments on major contracts. • Recruited, interviewed, and hired replacements for vacant positions. POLICE DEPARTMENT Administration • Incident Reports processed/dispersed to proper agencies and entered into IMC... 483 • Arrest Reports ( Juveniles ) ....................... ............. 9 .............................. • Arrests Reports ( Adults) ..................................... ............................... 91 • Accident Reports/Driver Exchanges processed, dispersed/entered into IMC....... 96 • Traffic Citations processed and entered into IMC ....... ............................... 207 (Civil — 141; Criminal — 31 ; Citation Arrests — 33; Voided - 2) • Parking Citations processed, followed up and entered into IMC ..................... 5 • Warning Citations processed, followed up and entered into IMC ................... 680 • Subpoenas signed, processed and distributed ............. ............................... 251 • Traffic Enforcements ......................................... ............................... 458 • Code Violations, including parking ........................ ............................... 687 • Public Records Request: Oct. 26; Nov. 23; Dec. 41 ..... ............................... 99 • Conducted 911 Operator Interviews and hired 3 for open positions. • Hired 1 police officer to replace open position and 1 reserve police officer. • Continued review of agency policies as per accreditation standards. • Conducted 2 Mock assessments for Commission for Florida Law Enforcement Accreditation. • Administration attended 6 Council. • Attended over 30 Law Enforcement related meetings and 10 public meetings and/or speaking engagements. • Attended over 60 hours of training. • Completed a 12 week citizen's academy with 20 participants attending. 75 of 140 ` I Volunteers • The Community Service Volunteers worked a total of 2,440 hours during this quarter. • 41 bank deposit details were made. This service is done for City Hall saving time for the employees by not having to leave their assigned duties. • 0 traffic control detail was assigned. These consist of directing traffic at city events, road closures, etc. • 196 house watches /close patrols were completed. • 37 vehicle transports were made consisting of taking the vehicles to different locations for repairs etc. • 292 business checks were made. These business checks are done and help the patrol officers keep an eye on the business community which cuts down on crime. • 185 area checks of banks were made. Visual marked units around the banks at various times helps to deter crime. • 71 Airport checks were made. Again the visibility helps to deter crime. • 37 special details were assigned. • 1 miscellaneous assist for law enforcement personnel. • 133 paper runs i.e.: State Attorneys Office, Sheriff s Office, etc. The volunteers pick up and deliver packages such as council packages, State Attorney packets and what ever other items are needed. • Assisted with traffic control on 3 traffic crash scene. • 3 warnings for handicapped parking tickets issued and 1 warning for other parking issued. • 38 citizen contacts. • 446 Miscellaneous jobs. • 56 hours of Funeral Escorts were done. Road Patrol and Special Operations • Officers were dispatched to 3,521 calls for service, and self - initiated 8,851 events. • 91 adult and 9 juvenile arrest were made. • Officers issued 207 citations, 5 parking citations, and 680 written warnings. • Officers completed 383 offense reports and 96 crash reports. Citations Warnings Incidents Arrests • Traffic Homicides (0) • Boat Ofc (ID 447) Temporarily assigned to Road Patrol • K -9 Ofc's 137 101 13 11 • TOTALS 137 101 13 11 • K -9 Usage /Activity Reports: 15 • K -9 Training hours 360 combined hours. • K -9 Demonstrations 6 • K -9 Apprehensions 3 misdemeanor and 2 felony • K -9 Narcotic Searches 15 Road Patrol and Special Operations have continued to professionally serve the community by patrolling the city in order to deter crime and maintain the community policing philosophy. Officers and sergeants maintain their skills by attending mandatory and advanced training throughout the year. Investigations • 60 cases were assigned. Numerous vehicle burglaries, residential burglaries, frauds, sexual battery, thefts, possession of narcotics, stolen vehicle. • 3 arrest and 6 warrants for arrests were obtained. • 26 total cases were cleared. • 72 reports /supplements were completed. 1 oZ 76 of 140 Communications Division • 12,536 calls entered into C.A.D. (IMC) of that: • 3,539 were dispatched calls for service. • 1,419 were Code Enforcement Initiated calls. • 6,671 were Officer Initiated calls. • 535 were Volunteer Initiated calls. • Total 911 calls received 2,238 of that the breakdown of the lines are as follows: • Wireless 911 calls — 1,660 (cell phones) • Wire -line 911 calls — 395 (residential and/or business land lines) • VOIP 911 calls — 175 • 749 of the calls were transferred to other agencies. • 186 were hang -ups. • Total Admin Lines calls: • Incoming 10,785 • Outgoing 5,246 • Transferred 794 • Training attended: • 1 Dispatcher IMC Training. • 4 Dispatchers had to renew State Certification. • 1 FDLE Regional Work Group Meeting. • One set of Dispatcher interviews. • 2 Dispatchers resigned, 3 Dispatchers were hired. • FDLE Audit. During this quarter as in all quarters, we assisted the Citizens with house watch requests and cancellation services, citation sign off's, information, phone numbers and other services by contacting other Agencies and/or Departments for them. We take and dispatch all non - emergency and emergency phone calls, as well as requests for Law Enforcement, Code Enforcement and Volunteer services. We assist the Officers, Detectives, Code Enforcement and Volunteers with placing phone calls to citizens, parents of juveniles, State Attorney, Court House, Tag Office, Drivers License Office, key holders and any other agency requests they may have as well as sending teletype messages to DHSMV, FCIC/NCIC and other Law Enforcement Agencies regarding cases our agency is working. We also provide services to non - residents by answering questions, giving phone numbers, referring them to the proper agency, etc. We also assist other agencies with information and/or requests they may have. Alarm Assessments • $1,030 in alarm permits • $400 in false alarms fines • 162 alarm responses by officers, 73 of these were false. • 72 New permits issued. Code Enforcement Division • Issued 268 written warnings. This range from grass and weeds too high, trailers parked in front of the property line, trash and debris, yard sale permits, overgrowth of adjoining lot, no permit for a fence install, etc. • 76 property inspections for title companies and 138 sign violations. • 841 Code Services. • 488 re- inspections, 43 violations were not complied with, 173 were posted for abatement, 53 abated by vendors. • 222 violations complied. • 48 Liens filed, 51 liens released. • 173 violation letters sent for various reasons such as grass and weeds too tall, trash and debris, overgrown lots, etc. in an attempt to gain compliance. • There were no calls for water violation during the quarter. 13 77 of 140 PUBLIC WORKS DEPARTMENT Engineering Traffic Division • Regulatory signs 110 • Warning Signs 34 • Guide signs 79 • Specialty signs 96 This includes Temp signs and Aframe/ Marquise signs setup for events. • Pavement Markings. 3000 Ft. • Straightening /Maintenance. 60hrs.This includes pothole repair. Roads and Maintenance • Built 8 catch basins for stormwater. • Worked on Schumann Tennis court Rest room. • Weed eat along the railroad track on Schumann Dr. and Essex Lane. • Repair lights on I.R.D. • Clean up in the compound. • Work on lights at Main at boat ramp. • Patch potholes throughout the City. • Clean quarter round for stormwater. • Trim trees at the golf course. • Haul dirt to the airport and grade the ends of the taxi ways. • Install new flag light at the war memorial at Riverview Park. • Repair photo cell at Garden Club Park. • Supply Bob M. to help at the Cemetery. • Work on handicap parking spot at the Police Department. • Install memorial benches in the parks. • Set up and break down for the Fine Art Festival. • Repair electric at Riverview Park. • Repair welcome sign on the west end of 512 new light fixture and battery. • Had concrete poured at Creative Playground. Hauled off old concrete and cleaned up and tied down the picnic tables. . • Repaired lights at Easy Street Park. • Picked up equipment for the garage. • Trimmed trees off sidewalk on Easy Street. • Put railing up on Orange Aveme after the pipe and sidewalk was repaired. • Repaired golf course driving range net. • Install new parking stops at street parking area at Capt Hiram's. • Hauled brush out of the Cemetery. • Repaired barricades. • Worked on cemetery gate, arch and brick column. • Replaced lights at the Skate Park. • Cleaned up in the big building. • Repair screen on the fence at the compound. • Worked on sign inventory. • Installed safety glasses cleaning station at the compound. • Installed two cabinets in the break room at City Hall. • Repaired Main Street parking lot. • Painted safety yellow though out the City. • Installed new signs at the Art and Senior Center. • Made changes at the Senior Center. • Repaired docks and lights at all City Docks... • Picked up dead animals throughout the City. • Put dirt on edge of road after roads were paved. • Hauled extra dirt out of the Cemetery from the graves that were dug. • Cleaned up around the guardrails and bridges approaches through out the City. • Cut trees back off the road through out the City. • Cut tree off stop signs through out the City. !y 78 of 140 • Cut ditch on 512 and New park. • Cleaned up the fill pile. • Hauled dirt for the Golf Course. • Installed all new light bulbs at Easy Street Park. • Set up and break down for the Pelican Island, Festival. • Bolted down the new tire changer. • Repaired electric box at Riverview Park that got hit at the Pelican Island Festival. • Repaired lights at the compound. • Worked on pricing for sealing the parking spots at Capt Hiram's. • Built two boxes for the Garage. • Sweeper is broke. Cemetery • The Cemetery Division continued regular routine maintenance of mowing, weed eating and edging. • Made necessary irrigation repairs. • Marked out grave sites. • Handled burials. Parks and Recreation • Replaced 11 irrigation valves on U.S.1 medians. • Repaired 2 pumps & vehicle damage on U.S. 1 medians. • Fertilized all turf areas on all City Properties and medians on U.S. 1 & Schumann Dr. • Set up for rentals, replaced tables & chairs at Yacht Club. • Zone tested all irrigation systems in the City. • Replaced fountain pump, repaired playground, installed 2 new picnic tables and 4 new grills, graded volleyball courts and repaired playground fence in Riverview Park. • Set up and maintained Riverview Park for Fine Art & Music Festival, 4 Concerts in the Park, Craft Shows, Art Shows and the Pelican Island Wildlife Festival. • Delivered, set up and closed stage for Church event in Vero Beach. • Delivered bleachers to S.R.H.S. ROTC. • Installed 2 new grills, ran Easter Egg Hunt and set up for Sunrise Service at east Riverview Park by twin piers. • Replaced 2 tennis nets, 4 basketball nets and repaired lighting at Schumann Park • Repaired stairs, benches and removed exotic plants at Storm Water Park. • Repaired fence at Bryant Court Park. • Replaced touch control, 2 feature valves, low flow monitor and installed 2 new grills at Splash Pad. Replaced 2 lights and repaired playground at Hardee Park • Set up for 4 Chaplains Service and Veterans Day at Veterans Memorial. • Treated for ants and repaired swing at George St. Park. Fleet Management • The Fleet Management staff completed 316 repair work orders, 48 preventive maintenance services, 15 service calls and 7 road trips to pick up repair parts. • In addition to the in -house vehicle /equipment work orders, 42 vehicle and equipment repairs were scheduled and completed by outside vendors. • The Fleet Management Division has completed the following projects in the past quarter: • Prepared and put into service- (3) pick -ups for Police and Public Works. Emergency lights, radios, safety equipment, tool boxes, decals /striping. • The sales of vehicle /equipment using Gov /Deals.com sold for a net total of $7,308 and between (3/2012 — 3/2013) for a total of $79,413.48. • Purchase (1) ton Pick -up for Stormwater Dept. • Fuel costs as of April 1, 2013 are as follows: • $3.27 per gallon of gasoline, increase of .003% over the past 90 days. • $3.57 per gallon of diesel fuel, increase of 2.5% over the past 90 days. Facilities Maintenance • Repaired A/C Golf Course (east a/c hallway Eagles Nest). • Conducted quarterly sprinkler tests. • Repaired A/C Old City Hall (art center condenser fan). • Replaced and repaired condenser coil for #2 A/C Senior Center. • Replaced 1.5" water service to Art and Senior Center. %S 79 of 140 • Pumped septic tank and replace lift station pump Hardee Park. • Overhead door repair maintenance building at Golf Course, • Completed annual backflow inspection. • Completed annual fire alarm inspection. • Repaired A/C City Hall (MIS server room A /Q. • Reprogrammed A/C RTU -ps2 at Police Station. • Set up and tear down tables and seating for meetings in Council Chambers. • Continued monthly preventive maintenance on lift stations and A/C filter replacement. • Continued daily maintenance, cleaning and repair of all public work facilities. Stormwater ■ 37 driveway culverts replaced. • Pipe replacements • 1325 LF of 12" pipe 250 LF of IS" pipe • 134 LF of 24" pipe • 2 catch basins installed. • 4 side ditches piped. !/a round maintenance. • Mowed Stormwater Park. • Cut back right of way. • Vac Truck — 23 driveway culverts, 3 road crossings. GOLF COURSE • Total revenue for tad quarter: $521,044. • Golf Rounds for 2 "d quarter: 16,636 • Green Fee revenue for 2nd quarter: $231,005, • Cart Fee revenue for 2 "d quarter: 234,277. • Golf shop revenue for 2nd quarter: $15,862. • Driving range revenue for 2 "d quarter: $16,682. • Discount Card revenue for 2nd quarter: $7,414. • Club Rental & Club Storage revenue for 2id quarter: $1,168, an increase of $201 over Fiscal 11 -12 2 "d quarter. • Computerized golf handicap revenue for 2 "d quarter: $700, an increase of $ 140 over Fiscal l 10 -12 2nd quarter. • Rents & Royalty revenue for 2nd quarter: $6,580. • Professional golf lesson revenue for 2 "`' quarter: $1,626, an increase of $378 over Fiscal l 1 -12 2 "1 quarter. • Annual Membership /Initiation revenue for 2 "d quarter: $1,747. • Charity, Corporate and special Golf Tournaments for 2" quarter included New Year's Day Golf Tournament (120 players) Sebastian River High School Basebal l Boosters Tournament (40 players), Sebastian Men's Golf Association President's Cup, Vista Gardens Homeowners Association (90 players), 2 "d Annual Michael Nichols Memorial Golf Tournament (148 players), Sebastian Eagles (72 players), Vista Del Mar Homeowners Association (60 players), Sebastian Ellis Lodge (80 players). • Charity, Corporate and Special Golf Tournaments scheduled for 3`4 quarter (2012 -13) include Sebastian Rotary, St. Sebastian Catholic Church, Sebastian Orioles, Brevard Rugby, Sebastian Chamber of Commerce, Piper Aircraft & Sandy's Grille. • Donated rounds of golf and/or golf course merchandise to numerous charitable fundraisers and events. By donating to worthy causes, SMGC provides key support to numerous community endeavors. • Golf course condition in excellent shape, several customers frequently offered positive comments about condition of golf course and overall shape and speed of greens. Small landscaping projects accomplished throughout the property and around the clubhouse. • Tee re- leveling project completed on #17 (white tee). Due to several factors, this tee became extremely unlevel since summer of 2001. Entire tee had sod removed, earth was leveled with appropriate slope and sod was replaced. Customers offered numerous positive comments about this project. • Entered in free advertising agreement with Cumulus Radio in which Golf Course will receive 200 radio advertisements. • 2 "1 Annual Michael Nichols Memorial Golf Tournament was a huge success. 148 players participated and over $6,000 was raised toward the Alex P. Nichols Trust Fund. 80 of 140 1 6 BUILDING DEPARTMENT • For the second quarter of this fiscal year a total of 47new single - family homes were issued building permits. This is more than twice as many that were reported in the first quarter of this fiscal year and more than 4 times as many reported in the fourth quarter of last fiscal year. Other permits of significance include 0 new mobile homes, 1 new commercial building, 0 commercial additions, 8 commercial alterations, 1 commercial build out, 2 residential additions and 18 residential alterations. In all, 745 building permits were issued in the second quarter. This is a 57% increase over the number of permits issued in the first quarter. Residential construction in the PUD's continues to be strong and permitting in other areas has picked up as well. • Total number of inspections for the fourth quarter was 2047 for an average of 35 inspections per working day. The number of inspections has increased by approximately 62% in comparison to the first quarter of this fiscal year. • The Building Department issued 16 certificates of occupancy for new single family residences during the second quarter. • The Building Department, in conjunction with Planning and Zoning, has implemented the Veteran's Assistance Program. Eleven eligible applicants have received site visits from the Building Official to assess repairs requested. Estimate forms were prepared and distributed to all eligible applicants for their use in obtaining bids from licensed contractors. A number of bids have been awarded to contractors through the program and work is progressing. So far, the program has been very successful in helping our veterans that are in need. • The following lists the Business Tax Receipts that were issued in the second quarter: New Businesses -28, Renewals - 16, Transfers -5, Duplicates -2, Home Based Businesses -12, Commercial Businesses -16, Insurance Companies -0, and Solicitor Permits -15. In addition, there have been 51requests from lien/title companies for permit records on properties within the city. AIRPORT • Monitored FDOT Grant opportunities. • Coordinated activities of the Airport, Building Department and Planning and Zoning • Continued review of established policies and procedures Economic Development • Continued review of established policies and procedures. • Considered best management practices to accomplish the department's goals and objectives. 81 of 140 ON aff OF SIE]MASTKN ROME Of PELICAN ISUND AGENDA TRANSMITTAL Subject: SheltAir Aviation; request for Agenda No. /3, V/ Estoppel certificate approval Department Origin: Communit eve . Ment - P_ A, Director: J. Griffin _-1.29- Apo rove ear Submittal by: Admin Services: D. Kruger/ Finance Director: K. Killgore City Clerk: S. Maio Al MOe �, city Manager City Attorney: R. A. Ginsburg ' Date Submitted: l8 June 2013 For Agenda of, 26 June 2013 Exhibit: 1. Lease; 2. SheltAir Correspondence; B. Agr emen EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: -0- -0- — -0- SUMMARY SheltAir Aviation leases, approximately, five (5) acres of land at the Sebastian Municipal Airport (Exhibit 1). Since September 2002, SheltAir has maintained, and operated, the forty (40) unit T-Hangar complex on Airport Drive, West. SheltAir operates similar T-Hangar facilities at other Florida airports. Recently, SheltAir Aviation has negotiated a company-wide refinancing of their facilities (see Exhibit 2). In order to complete the transaction, SheltAir has requested the City to agree to an Estoppel Agreement (Exhibit 3). In this situation, an Estoppel Agreement (sometimes called an Estoppel Certificate) protects the Landlord (the City) by: 1. more fully describing the rights, duties, and obligations of the Tenant (SheltAir); 2. fully identifies the parties to the legal instrument-, and, 3. reaffirms Tenant obligations to the underlying lease. RECOMMENDATION Authorize the City Manager to execute the GROUND LESSOR ESTOPPEL AND AGREEMENT between the City, SheltAir, and Suntrust Bank. 82 of 140 CITY OF SEBASTIAN LEASE AGREEMENT For the Construction and Management of Aircraft Storage Facilities Sebastian Municipal Airport Sebastian, Florida Effective Date Tenant: Sheltair Sebastian, LLC M TABLE OF CONTENTS en GENERALPROVISIONS ................................................................. ............................... I ARTICLEI PREMISES ..................................................................... ............................... 2 1.1 Condition of Premises ..................................................................... ............................... 2 1.2 Construction of Improvements by Landlord 1.3 Construction of Improvements by Tenant ....................................... ............................... 3 1.4 Quiet Enjoyment .............................................................................. ............................... 3 1.5 Permitted Uses j1.6 Signage ............................................................................................ ............................... 3 ARTICLEH TERM OF LEASE ....................................................... ............................... 4 2.1 Construction Term ........................................................................... ............................... 4 2.2 Commencement Date ...................................................................... ............................... 4 ARTICLE III OPTIONAL EXTENSION ......................................... ............................... 4 3.1 Tenant Options ................................................................................ ............................... 4 3.2 Landlord Options ............................................................................. ............................... 5 3.3 Automatic Increases during Renewed Lease Term ......................... ............................... 5 ARTICLEIV RENT ............................................................................ ............................... 6 4.1 Annual Rent ..................................................................................... ............................... 6 4.2 Calculation of Annual Rent and Fees .............................................. ............................... 6 4.3 Fair Market Value ............................................................................ ............................... 6 4.4 Annual Investment Fee ................................................................... ............................... 8 4.5 Fuel Surcharge ................................................................................ ............................... 8 4.6 Sales Tax ......................................................................................... ............................... 8 4.7 Time of the Essence ........................................................................ ............................... 8 4.8 Interest on Amounts Due ................................................................. ............................... 8 ARTICLE V IMPROVEMENTS TO THE PREMISES ................. ............................... 9 5.1 Reimbursement of Development Costs ........................................... ............................... 9 5.2 Funding ........................................................................................... ............................... 9 5.3 Coordination with Landlord ............................................................ ............................... 9 5.4 Bidding Guidelines ......................................................................... ............................... 9 5.5 Improvements .................................................................................. ............................... 9 5.6 Construction Risks ............................................................................. .............................10 5.7 Confirmation of Ownership .............................................................. .............................10 ARTICLE VI REPAIRS AND ALTERATIONS ............................... .............................10 ARTICLEVII UTILITIES ................................................................... .............................11 H ARTICLEVIII TAXES ........................................................................ .............................11 8.1 Property Taxes and Assessment ........................................................ .............................11 8.2 Partial Year ........................................................................................ .............................11 8.3 Delayed Payment ............................................................................... .............................12 8.4 Payment of Sales Tax ........................................................................ .............................12 ARTICLE IX INSURANCE ................................................................. .............................12 9.1 Hazard Insurance ............................................................................... .............................12 9.2 Liability Insurance ............................................................................. .............................13 9.3 Sovereign Immunity .................................................:........................ .............................13 9.4 Workers' Comnensation .................................................................... .............................13 9.5 Certificates of Insurance .................................................................... .............................13 9.6 Umbrella and Blanket Insurance ........................................................ .............................14 ARTICLE X DESTRUCTION OF IMPROVEMENTS .................... .............................14 10.1 Partial Destruction ........................................................................... .............................14 10.2 Total Destruction ............................................................................. .............................15 ARTICLE XI INDEMNIFICATION .................................................. .............................16 ARTICLE XII ENVIRONMENTAL MATTERS .............................. .............................17 12.1 Compliance .................................:.................................................... .............................17 12.2 Use Limitations ............................................................................... .............................18 12.3 Audit by Landlord ........................................................................... .............................18 12.4 Final Audit ....................................................................................... .............................18 12.5 Presumptions ................................................................................... .............................18 12.6 Continuing Obligation ..................................................................... .............................19 ARTICLE XIII PREVENTION OF USE ........................................... .............................19 ARTICLE XIV EMINENT DOMAIN ................................................ .............................19 14.1 Effect Upon Term .......................................................................... ............................... 20 14.2 Temporary Takings ......................................................................... .............................20 14.3 Option to Terminate ...................................................................... ............................... 20 14.4 Reservation of Rights .................................................................... ............................... 20 ARTICLE XV GOVERNMENT SEIZURE ARTICLE XVI LANDING FEES ................ ........................ ............................... 21 ..................................... ............................... 21 ARTICLEXVII DEFAULT ................................................................. .............................21 17.1 Remedies for Default ...................................................................... .............................22 17.2 Remedies Non - exclusive ................................................................ .............................23 17.3 Waiver of Statutory Requirements .................................................. .............................23 17.4 Advances By Landlord .................................................................... .............................23 17.5 Non - Waiver By Landlord ............................................................... .............................23 17.6 Landlord's Lien ............................................................................... .............................24 iii ARTICLE XVIII LEASEHOLD ENCUMBRANCES ...................... .............................24 18.1 Mortgage Authorized ....................................................................... .............................24 18.2 Mortgagee's Rights ......................................................................... .............................25 18.3 Additional Rights of Mortgagee ...................................................... .............................25 ARTICLEXIX NOTICES .................................................................... .............................27 ARTICLE XX RIGHT TO INSPECT ................................................. .............................27 ARTICLE XXI REMOVAL OF FIXTURES ..................................... .............................28 ARTICLE XXII AIRPORT - RELATED RESTRICTIONS .............. .............................28 ARTICLE XVIII NONDISCRIMINATION ...................................... .............................29 ARTICLE XXIV ASSIGNMENT AND SUBLETTING ................. ............................... 30 ARTICLE XXV MISCELLANEOUS ................................................. .............................30 25.1 Binding Effect ................................................................................. .............................30 25.2 Applicable Law/ Venue .................................................................... .............................30 25.3 Attorneys Fees ................................................................................. .............................30 25.4 Identity of Interest ........................................................................... .............................30 25.5 Entire Agreement ........................................................................... ............................... 31 SignaturePage ......................................................................................... .............................32 EXHIBIT "A" SURVEY AND LEGAL DESCRIPTION EXHIBIT "Al" FINAL AS -BUILT SURVEY AND LEGAL DESCRIPTION EXHIBIT `B" DEVELOPMENTAL STANDARDS EXHIBIT "C" TENANT'S IMPROVEMENTS EXHIBIT "D" LEASE EXTENSION AGREEMENT EXHIBIT "E" FDOT JOINT PARTICIPATION AGREEMENTS (JPAs) EXHIBIT "F" INVESTMENT RATIO CALCULATION iv AIRPORT IMPROVEMENTS CONSTRUCTION AND LEASE AGREEMENT THIS LEASE, made and entered into this / • l day of September, 2002, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord "), and Sheltair Sebastian, LLC, a Florida Limited Liability Company, whose mailing address is 4860 Northeast 12th Avenue, Ft. Lauderdale, Florida, 33334 (hereinafter referred to as the "Tenant "). The Landlord and the Tenant are sometimes collectively referred to herein as the "Parties ". WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River, Florida; and WHEREAS, said property constitutes a portion of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, said property is available for aviation and industrial use for those activities consistent with or in support of aviation activity; and WHEREAS, Landlord has undertaken a Improvements upon said designated aviation property for construction of up to forty (40) T- hangars, has obtained a grant agreement (herein after referred to as "Grant ") for said Improvements from the Florida Department of Transportation, and has developed design and engineering plans for the same; and WHEREAS, Tenant has expertise in developing and managing Improvements of this nature, and proposes to undertake development of the Improvements on behalf of Landlord WHEREAS, the Tenant desires to provide general aircraft services as a Fixed Based Operator to the general aviation public at Sebastian Municipal Airport and lease the said property from the Landlord, and compensate Landlord for transfer of the entrepreneurial opportunity provided by the Improvements; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions, and to that end as set forth hereinafter; NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: M ARTICLE I PRENHSES M Subject to the terms and conditions set forth in this Lease, Landlord hereby demises and leases to Tenant and Tenant hereby leases from Landlord, that certain land, and any buildings, structures, fixtures, fences, utility installations, parking facilities, landscaping and irrigation systems currently existing or hereafter located thereon at Sebastian Municipal Airport, as more particularly described on Exhibit "A" hereto ( "Premises "). Tenant shall cause a survey to be undertaken at its expense ( "Survey "). Upon completion of the Improvements, a final, as -built survey and legal description will be attached, as Exhibit "A -I" to this Lease and the size of the Premises and Annual Rent will be adjusted if necessary. Tenant hereby leases the Premises subject to, and Tenant hereby agrees to comply with: (i) all applicable building codes, zoning regulations, and municipal, county, state and federal laws, ordinances and regulations governing or regulating the Premises or its uses, (ii) all covenants, easements and restrictions of record, (iii) Rules and Regulations, of Sebastian Municipal Airport, as the same may be amended from time to time ("Field Rules "), (iv) Development Standards attached hereto as Exhibit `B" ( "Development Standards "), and (v) the Sebastian Municipal Airport Master Plan dated 2002, as the same may be amended from time to time (the "Master Plan "). 1.1 Condition of Premises. Except as agreed to in Paragraph 1.2 herein, Tenant accepts the Premises "AS -IS ". Tenant acknowledges that Landlord has made no representations or warranties relating to the suitability of the Premises for any particular use, other than for the purpose of constructing aircraft T- hangars and unless otherwise expressly provided in this Lease, Landlord shall have no obligation whatsoever to repair, maintain, renovate or otherwise incur any cost or expense with respect to the Premises. (a) Tenant shall not permit any unlawful nuisance, waste or injury on the Premises. Tenant agrees to surrender the Premises upon the expiration of this Lease, or earlier termination hereof in a condition substantially similar to the condition of the Premises on the Commencement Date together with improvements placed thereon, ordinary wear and tear excepted. (b) Tenant shall have the right to terminate this Lease within ninety (90) days from the Effective Date of this Lease if Tenant is unable to obtain a title insurance policy due to outstanding liens and/or encumbrances on the Premises, the reverter rights of the federal government under the original deed to the City of Sebastian excepted, a successful Phase I Environmental Survey, a building permit for the improvements, confirmation from FDOT 2 authorizing the disbursement and use of the Grant as contemplated under this lease. 1.2 Construction of Improvements by Landlord. Landlord, at its own cost, agrees to provide a public access roadway, potable waterlines, electricity up to the right -of -way adjacent to the Premises, an if necessary, access to off -site airport drainage and/or retention areas no later than the Commencement Date. Additionally, Landlord shall provide up to eleven thousand cubic yards of fill delivered to the site for Tenant to incorporate into the Improvements. 1.3 Construction of Improvements by Tenant. Tenant shall have sole responsibility for construction of the improvements on the Premises, described in Exhibit "C" hereto, hereinafter called the "Improvements" on or before December 31, 2003. Any construction by Tenant on the Premises shall be in accordance with local building codes and shall also be governed by Exhibit "C" hereto, which is incorporated herein by reference. 1.4 Quiet Enjoyment. Landlord agrees that, subject to Tenant's performance of the terms and conditions of this Lease, Tenant shall peaceably and quietly have, hold and enjoy the Premises in accordance with the terms and conditions of this Lease. 1.5 Permitted uses. The Tenant agrees that the Premises shall be used exclusively for the purposes of constructing, maintaining, and leasing aircraft storage facilities and related functions. However, nothing herein shall be construed as authorization for Tenant to disperse fuel at the Premises without separate written authorization from the City or as provided for under paragraph 4.5. Any use of the Premises other than those specifically stated above are expressly prohibited without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All aeronautical businesses and activities must be certified and licensed by the FAA in the appropriate categories of their specific operation and shall be in compliance with the Field Rules. The Tenant agrees that no use of the Premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the Premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the Premises. 1.6 Signage. The Tenant shall have the right to erect and maintain such sign or signs on the Premises as may be permitted by applicable law and the Development Standards; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 3 In ARTICLE II TERM OF LEASE M The Effective Date of this Lease Agreement is as first set forth above in the Preamble. However, the initial Term of the Leasehold hereunder shall include the Construction Term as defined below and shall continue to run for a period of thirty (30) years from the Commencement Date as defined below, unless sooner terminated in accordance with the terms and provisions hereof. 2.1 Construction Term. The Construction Term of this Lease is defined as the period beginning on the Effective Date and ending immediately prior to the Commencement Date. 2.2 Commencement Date. The Commencement Date of this Lease is defined as the period beginning on the earlier of (i) the date the Tenant receives a Certificate of Occupancy for a hangar structure on the Premises, or (ii) January 1, 2004. ARTICLE III OPTIONAL EXTENSION In the Twenty -Fifth (25) year of the Term and in accordance with Paragraph 4.3, a separate appraisal of the Premises, including all Improvements thereon shall be performed by a qualified appraiser selected by the Landlord. 3.1 Tenant Options. Within fifteen (15) days after delivery of this appraisal to Tenant, Tenant may exercise options A, B, or C, as outlined below: A. Accept the Annual Rent valuation therein and offer in writing to enter a non - assignable, nonrenewable lease extension agreement for up to ten (10) additional years beginning at the end of the Thirty (30) year Term. This extension, herein referred to as the Renewed Lease Term, shall be in accordance with the all provisions herein, except applying a new base Annual Rent amount equal to twelve percent (12 %) of the value established in said appraisal in lieu of paying the Annual Investment Fee. This Extension Agreement shall be substantially in the form attached hereto as Exhibit "D ". B. If Tenant is unsatisfied with the twenty -fifth year Annual Rent valuation, it may give notice of its intent to commission a second appraisal by a certified real estate appraiser to be completed within forty -five (45) days. 4 i. If said appraisal results in a valuation of the Premises and Improvements within ten percent (10 %) of the initial appraisal, the figures shall be averaged. ii. If a disparity of greater than ten percent (10 %) results, the respective appraisers shall confer and attempt to negotiate a compromise valuation. iii. If no compromise results, said appraisers shall jointly submit the name of a qualified appraiser to the parties who shall then jointly commission a third appraisal. Said appraisal value will be used to establish the rental amount if it falls between the values of the first two appraisals. If the value thereof falls outside the range of the first two appraisals, the relevant value shall be derived from averaging the three appraisals. Within thirty (30) days of establishment of a rental value as set forth above, Tenant may exercise either option contained in subparagraphs A and C hereof. C. Tenant also has the option to give notice of its intent to allow the lease to expire at the end of the thirty -year term. 3.2 Landlord Options. If Landlord does not accept Tenant's offer to enter into a Renewed Lease Term, the lease shall expire at the end of the thirty -year term, but the Annual Rent for the final three (3) years of the lease shall be waived as additional consideration to Tenant for relinquishing ownership of all site improvements thereafter. 3.3 Automatic Increases during Renewed Lease Term. During the Renewed Lease Term, on each anniversary of the Commencement Date, this Annual Rent shall be increased three percent (3 %) above the existing amount. However, there shall be no further appraisal adjustments through the remainder of the Term. 61 ARTICLE IV RENT OWM The parties agree that the Annual Rent payable by the Tenant during the Term of this Lease shall be as follows: 4.1 Annual Rent. Tenant shall pay to the Landlord Annual Rent for the Premises (hereinafter referred to as the "Annual Rent ") for each twelve (12) month period or portion thereof during the Initial Term and any Extension Term of this Lease, beginning with the Commencement Date, in the amount detailed below, which Annual Rent shall be thereafter payable on a quarterly basis on or before the first day of each third calendar month (or partial calendar month) thereafter, in amounts equal to one - fourth (1/4) of the Annual Rent then due, plus any sales or Annual Rent taxes due on that installment, in advance, in lawful money of the United States, without deduction or set -off, at the Finance Department office of the Landlord. Annual Rent for a partial month during the Term of this Lease shall be prorated based on the number of days in such month. 4.2 Calculation of Annual Rent and Fees. Beginning with the Commencement Date, Annual Rent shall be paid in the amount equal to eleven cents (110) per square foot for the Premises. Until completion of the required as -built survey, the Annual Rent shall be based upon a five -acre parcel (5 acres x 43,560 s.f = 217,800 s.f) and adjustments shall be made following receipt of the survey to reconcile previously paid Annual Rent with the exact land area. Each year on the anniversary of the Commencement Date, the Annual Rent shall be increased three percent (3 %) above the existing amount. However, in the fifth year of the Term and every fifth year thereafter through the end of the Term, in lieu of this automatic annual adjustment, the Annual Rent shall be adjusted by reappraisal to ten percent (10 %) of the fair market value of the Premises excluding any Improvements made by Tenant; however, in no event shall an increase in Annual Rent based upon reappraisal exceed ten percent (10 %) of the Annual Rent applicable in the year prior to the scheduled increase nor shall the Annual Rent ever be less than the amount applicable in said prior year. 4.3 Fair Market Value. The fair market value of the Premises excluding any Improvements made by Tenant shall be determined by appraisal within six (6) months of the date on which an adjustment to the Annual Rent is to become effective. Said appraisal shall be based on the value of comparable property at Airports within the State of Florida and shall not be restricted to the consideration of properties located at the Airport. The Landlord shall select a qualified appraiser ( "First Appraiser") and notify Tenant of such selection, and the First Appraiser shall proceed to determine the then fair market value of the Premises excluding any Improvements made by Tenant and shall provide Tenant and Landlord with a copy of such appraisal. If Tenant is not satisfied with the First Appraiser's appraisal, Tenant within fifteen (15) days after receipt of such appraisal shall notify Landlord of Tenant's selection of a second appraiser ( "Second Appraiser "). If Tenant does not so select a Second Appraiser and notify Landlord of such selection within such fifteen (15) day period, the First Appraiser's appraisal shall be conclusive as to the then fair market value of the Premises excluding any Improvements made by Tenant. .If a Second Appraiser is so selected, he shall prepare an appraisal and a copy thereof shall be delivered to Landlord within forty -five (45) days. If the two appraisals determine valuations within ten percent (10 %) of one another, the valuations shall be averaged to establish Fair Market Value. If the values vary by more than ten percent (10 %), however, the First and Second Appraisers shall meet within fifteen (15) days after the Second Appraiser's report is delivered and attempt to agree on the Fair Market Value. If the First and Second Appraisers cannot agree, within fifteen (15) days after such meeting, on the then Fair Market Value of the Premises, then the First and Second Appraisers shall select a Third Appraiser who shall evaluate the two appraisals thus rendered, meet with the First and Second Appraisers, and establish a Fair Market Value within the parameters established by the reports of the First and Second Appraisers. After reaching a decision, the Third Appraiser shall give written notice thereof to Landlord and Tenant. (a) Each party shall pay the fees and expenses of each appraiser appointed by such party, and the fees and expenses of the Third Appraiser and all other expenses, if any, shall be borne equally by both parties. Any appraiser designated to serve in accordance with the provisions of this Agreement shall be designated as an "MAI" appraiser by the American Institute of Real Estate Appraisers or shall be comparably qualified to appraise commercial real estate, shall be disinterested and shall have been actively engaged in the appraisal of airport real estate for a period of not less than five (5) years immediately preceding his appointment. (b) In the event the then fair market rental value of the Premises has not been determined in accordance with the provisions of this Paragraph until after the date upon which the required adjustment is to become effective, payments of the monthly installments of the Annual Rent shall be based upon the rental amount previously in effect. Once determined, the new Annual Rent shall become effective, 'retroactive to the date upon which such adjustment was required, and within thirty (30) days after the Tenant has received notice of the new Annual Rent, Tenant shall pay to Landlord any additional Annual Rent that is due and owing, or if applicable, the Landlord shall reimburse Tenant for the amount of any overpayment of Annual Rent. 4.4 Annual Investment Fee. Beginning when final FDOT Grant money is reimbursed by the Landlord to Tenant and prorated for the quarter in which this date falls, through the end of the Initial Term, an Annual Investment Fee shall be paid in addition to and in the same manner of the Annual Rent. The Annual Investment Fee shall represent and equate to a seven percent (7 %) annual return to the Landlord on its eighty percent (80 %) contribution of funding from the Florida Department of Transportation Grant Funds that Landlord has been awarded for the Improvements as set forth in ARTICLE V and funded to the Tenant. In no event, however, shall the Annual Investment fee be less than forty-two thousand dollars ($42,000). Such grant contribution is subject to final approval by the Florida Department of Transportation (FDOT). 4.5 Fuel Surcharge. Tenant, upon successful completion of all 40 T -hangar units, will, at Tenant's own option, be permitted to install and operate a self - fueling system within the Premises or other area as approved by the Landlord. As additional rent, Tenant shall pay to the Landlord five cents (5¢) for every gallon of aviation fuel delivered to Tenant at the Premises. The amount of said surcharge may be modified on an Airport-wide basis from time to time by Resolution of City Council. Said payments shall be made at the time of paying Annual Rent, for the previous period, shall be itemized and shall be accompanied by a copy of the fuel delivery receipts, or such other relevant documents requested by Landlord, for the subject time period. Landlord shall have a right to audit Tenant's financial records relating to fuel deliveries upon seventy -two hours written notice. 4.6 Sales Tax. Tenant shall pay Florida sales tax on Annual Rent, if applicable. 4.7 Time of the Essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. 4.8 Interest on Amounts Due. Any installment of Annual Rent, Rent, or other amounts due from Tenant under this Lease, that is not received within ten (10) business days after it is due, shall bear interest from the date when the same was due until paid by Tenant at the interest rate of eighteen percent (18 %) per annum. "W/ ARTICLE V IMPROVEMENTS TO THE PREMISES On behalf of Landlord, Tenant shall undertake construction of the Improvements called for in the Joint Participation Agreements with the Florida Department of Transportation, Aviation Section (Project Numbers 409864- 1 -94 -01 and 407345- 1- 94 -01, for a maximum eighty percent (80 %) contribution of $400,000 and $425,000 respectively or $825,000 total) attached as Exhibit "E" (hereinafter called the "Grant "), in accordance with the provisions of this Article. 5.1 Reimbursement of Development Costs. The Landlord shall continue with the final stages of its existing contract with the LPA Group, Inc. for design and engineering of the Improvements and process reimbursement requests pursuant to the Grant. There will be a total of $105,000.00 in Landlord expenditures related directly to design and development of the T- hangar Improvements, of which $84,000.00 will be paid by the Landlord through grant contributions. The remaining twenty percent (20 %) balance of said expenditures totaling $21,000.00 will be reimbursed to Landlord by Tenant within thirty (30) days after Landlord turns over all completed, FDOT approved specifications, building department permits are received, studies and other materials required for Tenant to construct Improvements. 5.2 Funding. Tenant shall manage the bidding and construction of the Improvements in full compliance with the Grant and shall submit all reimbursement requests for FDOT (80 %) Grant funding contributions to the Finance Department of Landlord for expedited processing. Tenant shall provide the funding for Landlord's matching contributions (20 %) under the Grant and for all expenses not otherwise funded through the Grant contribution. 5.3 Coordination with Landlord. In all aspects of bidding and construction of the Improvements, Tenant shall fully inform and coordinate with the Landlord's Airport Manager or his designee. Landlord will provide oversight, construction coordination and audit process with the Tenant to meet acceptable FDOT Grant Assurance requirements. 5.4 Bidding Guidelines. Landlord shall mange procurement and bidding for the Improvements in accordance with guidelines required by law and for grant compliance. 5.5 Improvements. All substantive deviations from the engineering and design plans developed by Tenant must be approved by Landlord and FDOT in writing, which 9 JK approval shall not be unreasonably withheld. No building or other structure shall in any way curtail the use of the Airport facilities in their usual operations, and all structures must be approved, in writing, by the FDOT and the Federal Aviation Administration ( "FAA ") prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the Development Standards, local and state codes, regulations and requirements as well as in accordance with all requirements of the FAA and FDOT. 5.6 Construction Risks. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such buildings or structures. 5.7 Confirmation of Ownership. At the end of the Term or earlier termination of this Lease, for any reason, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said Improvements. The Tenant agrees that all improvements °shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. ARTICLE VI REPAIRS AND ALTERATIONS The Landlord shall not be obligated to maintain or repair the Premises or any improvements located thereon or any part thereof during the Term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the Improvements, (except for the electronic AOA Access Gate leading to the Premises, which once installed by Tenant, will be maintained by Landlord.) including, but not limited to, buildings (and all parts thereof) and the parking and service areas located on the Premises in a good state of maintenance and repair and to keep the Premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to the Sebastian Land Development Code, the Development Standards, and all other applicable community standards and/or ordinances. It is an express condition of this Lease that the Premises be kept in an attractive and clean manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may not be unreasonably withheld, the Tenant, at its sole cost and expense, may erect such additional improvements on the Premises as it deems appropriate and may make such alterations or major renovations to the then existing improvements as it deems appropriate, provided, 10 however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. ARTICLE VII UTILITIES The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service, refuse storage and removal, or any other utility or service consumed in connection with the Premises. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. ARTICLE VIII TAXES 8.1 Property Taxes and Assessment. The Tenant shall pay when due during the Term all ad valorem taxes (if applicable), assessments (including, without limitation, stormwater utility charges) or any other governmental charge levied or assessed against the Premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes (if applicable) assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the Premises, owned by the Tenant. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 8.2 Partial Year. If the Term of this Lease expires or is earlier terminated prior to the close of the tax year for which any such tax is payable, or if the Term of this Lease commences on a date other than the first day of such tax year, Tenant shall be responsible for paying a percentage of the tax calculated by dividing the number of days that this Lease was in effect during such tax year by the total number of days that the Premises was leased to Tenant (excluding any Tenant engaging in a use of the Premises which results in the Premises being exempt from taxation) during such tax year. If this Lease is in effect for a period less than any entire period for which an assessment other than a tax is imposed, Tenant shall pay a percentage of the assessment calculated by dividing the number of days this Lease was in tt effect during that assessment period by the total number of days in the assessment period. 8.3 Delayed Payment: In the event Tenant fails to pay such taxes and assessments when due, Tenant shall be obligated to pay all resulting interest and penalties on such delinquent taxes and assessments. Tenant may exercise any rights provided by law to contest or pay under protest any taxes and shall not thereby be deemed in default under this Lease, provided that such contest or payment under protest does not result in the imposition of a lien for delinquent taxes on the Premises or any Improvements, and Tenant promptly pays all taxes and assessments (and any interest and penalties with respect thereto) ultimately determined to be due. No provision of this Lease shall be construed as a release or waiver on the part of Landlord of the right to assess, levy or collect any license, personal property, intangible, occupation or other tax which they, or either of them, may lawfully assess, levy or collect on the business or property of Tenant. Tenant's obligations under this Article shall survive the expiration or earlier termination of the Term of this Lease. 8.4 Payment of Sales Tax. Tenant shall be liable, at its sole expense, for any sales, use or similar taxes with respect to all Annual Rent, Rent, and other payments made by Tenant pursuant to this Lease, which are subject to such taxes. Tenant shall indemnify, defend and hold Landlord completely harmless from and against any liability, including any interest and penalties, which might arise in connection with Tenant's failure to timely remit any such taxes. ARTICLE IX INSURANCE Tenant must provide insurance coverage meeting or exceeding the requirements herein. 9.1 Hazard Insurance. Tenant shall at its sole expense, obtain and maintain throughout the Term of this Lease, property insurance on and for all Improvements, equipment, furnishings and other personal property now or hereafter erected, installed or used at the Premises, on a not less than 80% of replacement cost basis, for the benefit of Landlord and Tenant as their interests may appear, with such coverage, in such form, and with such company or companies as Landlord shall approve in writing, which approval will not be unreasonably withheld, including coverage for damage by fire, the elements or other casualty with standard extended endorsements. Tenant, on behalf of itself and its insurance carriers, hereby waives any and all rights of recovery which it may have against Landlord or any other 12 party who it is required to indemnify in accordance with the provisions of this Lease, for any loss of or damage to property it may suffer as a result of any fire or other peril insured under an insurance policy which it is required to obtain hereunder. 9.2 Liability Insurance. Tenant shall, at its sole expense, obtain and maintain throughout the Term of this Lease, automobile liability insurance on all automobiles used in connection with its operations at the Premises, environmental contamination remediation coverage, and airport/commercial general liability insurance protecting the Landlord and Tenant (including, without limitation, all members of the governing board of Landlord), officers, agents and employees of each, from and against any and all liabilities arising out of or relating to Tenant's Permitted Uses, or the conduct of its operations on the Premises, in the amount of not less than $2,000,000, except for the environmental remediation coverage which shall be on a "claims made" basis and be in an amount of not less than $1 million per loss and $2 million for all losses (or such greater amount as may be maintained by Tenant from time to time) per occurrence, in such form, and with such company or companies as Landlord shall approve in writing, which approval shall not be unreasonably withheld. Such insurance shall include contractual liability coverage for Tenant's covenants to indemnify the Landlord and the other parties as required under this Lease and shall provide that it is primary insurance as respects any other valid and collectible insurance the Landlord or any of the other additional insured may possess, including any self - insured retention or deductible any of them may have, and that any other insurance carried by any of them shall be considered excess insurance only. 93 Sovereign Immunity. The coverage limits of Paragraph 8.2 shall be adjusted proportionally to any increases in the limits of the sovereign immunity waivers provided Landlord under law; however, nothing in this paragraph shall be construed as a waiver by Landlord of the protections of sovereign immunity. 9.4 Workers' Compensation. Tenant shall keep in force, at its sole expense, workers' compensation or similar insurance affording the required statutory coverage and requisite statutory limits. Tenant shall also maintain throughout the term of this Lease employer's liability insurance with limits of liability of not less than $500,000 for each of the "each accident," "disease policy limit," and "disease each employee coverage," or a self insured program with comparable coverage. Such workers' compensation and employer's liability insurance or self - insured program shall contain a waiver of any right of subrogation against Landlord. 9.5 Certificates of Insurance. Within thirty (30) days after the Commencement Date 13 of this Lease, and within thirty (30) days after the expiration of any policy or policies provided by Tenant hereunder, Tenant shall furnish an original certificate of insurance to Landlord evidencing such coverage, naming the Landlord as an additional insured under the policies required by this Article, and confirming that the policy or policies will not be canceled or modified nor the limits thereunder decreased without thirty (30) days' prior written notice thereof to Landlord. Tenant shall also provide Landlord with copies of endorsements and other evidence of the coverage set forth in the certificate of insurance as Landlord reasonably may request. If Tenant fails to comply with the terms of this Article, Landlord, shall have the right, but not the obligation, to cause insurance as referenced herein to be issued, and in such event Tenant shall pay the premium for such insurance upon Landlord's demand. Landlord shall have the right, exercisable on ninety (90) days prior written notice to Tenant, to require Tenant, from time to time to reasonably increase the monetary limits or coverage provided by such policy or policies. 9.6 Umbrella and Blanket Insurance Any such insurance may be maintained by means of a policy or policies of blanket insurance covering additional items or locations or insureds and/or umbrella insurance. ARTICLE X DESTRUCTION OF IMPROVEMENTS Damage to the Improvements by fire or other casualty shall not cause an abatement of Tenant's obligation to pay pro -rated Annual Rent to Landlord, or to make any other payments required to be made by Tenant under this Lease, except as follows: 10.1 Partial Destruction. In the event that less than 80% (based on square footage) of the principle building/improvements at the Premises is damaged or destroyed by fire or other casualty, the provisions of this paragraph shall apply. (a) Tenant shall give prompt written notice thereof to Landlord, and Tenant, at its own expense, shall promptly repair, replace and rebuild the same, at least to the same extent as to the value and as nearly as practical to the character of the Improvements existing immediately prior to such time. (b) Upon receipt by Tenant and the Landlord of the proceeds of any property or builder's risk insurance policy or 14 policies, Tenant and the Landlord shall deposit same in an interest - bearing escrow account to pay for the cost of such repair, replacement and rebuilding. Tenant shall receive and hold such proceeds (and any interest earned thereon) in trust for such work, and Tenant shall distribute such proceeds (and any interest earned thereon during construction) solely to pay the cost of such work. If the amount of such insurance proceeds (together with the interest earned thereon) is insufficient to pay the costs of the necessary repair, replacement or rebuilding of such damaged improvements, Tenant shall pay any additional sums required, and if the amount of such insurance proceeds (together with the interest earned thereon) is in excess of the costs thereof; the amount of such excess shall be retained by Tenant. (c) During such period of partial destruction, the Tenant obligations for Annual Rent and other payments, shall be partially abated based upon a fair and reasonable prorated basis, comparing the percentage of destruction to the total square footage of the Improvements. 10.2 Total Destruction. In the event more than 80% of the principal improvement erected on the Premises is destroyed by fire or other casualty, the Tenant, at its option, may cause said improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord shall proportionally abate the Tenant's Annual Rent during this time for replacement or repair. (a) In the event the Tenant elects to repair and /or replace the building and other improvements on the Premises, the provisions of Paragraph 10.1(b) shall apply. (b) If the Tenant, at its option, elects not to repair and /or replace the building and improvements upon the Premises, the Tenant shall, at its sole expense, remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom and properly dispose of such debris in accordance with all applicable laws and/or 15 M regulations. Thereafter, the Lease shall be terminated and the Tenant and Landlord shall share the remaining insurance proceeds according to the following process: i. Any outstanding mortgages encumbering Tenant's leasehold interest in and occasioned by construction of said improvements shall be paid through the insurance proceeds. Any and all dollars left after repayment of mortgages shall herein be referred to as Remaining Proceeds. ii. An Investment Ratio shall be determined by dividing the Tenant's total contribution (including the unamortized mortgage amount for the construction of such improvements) by the total cost of Improvements {FOR EXAMPLE: if total Tenant contribution is $800,000 and total project cost is $1,600,000, then the Investment Ratio would be .50 or 50 % }. This Investment Ratio shall be calculated by Tenant, utilizing the method shown, within sixty (60) days after completion of such improvements and will be attached hereto as Exhibit "F ". iii. A Prorated Rate shall be determined by dividing the number of years remaining on the Lease by Thirty (30). {FOR EXAMPLE: if there are 20.5 years remaining on the lease, then the Prorated Rate will be .683 or 68.3 %1. iv. The Remaining Proceeds shall be multiplied by both the Investment Ratio and the Prorated Rate. This amount shall be paid to the Tenant, less any sums paid under the conditions of Paragraph (i) above. The balance of the Remaining Proceeds shall be paid to the Landlord. {FOR EXAMPLE: Remaining Proceeds ($1,000,000) x Investment Ratio (.5) x Prorated Rate (.683) _ $341,500 — ($200,000) Mortgage amount = $141,500 paid to Tenant and $858,500 paid to Landlord} 16 ARTICLE XI INDEMNIFICATION Tenant shall indemnify, defend and hold completely harmless Landlord and, to the extent required by the Grant, the granting agencies, from and against any and all liabilities (including, but not limited to, liability with respect to any Hazardous Substances and liability under the Comprehensive Environmental Response, Compensation and Liability Act, as it may be amended from time to time ( "CERCLA "), and any other Environmental Law), losses, suits, claims, demands, judgments, fines, damages, penalties, costs and expenses (including all costs for investigation and defense thereof, including but not limited to court costs, reasonable expert fees and reasonable attorneys' fees and costs, including fees and charges for the services of paralegals or other personnel working under the supervision of such attorneys { "Attorneys' Fees")) which may be incurred by, charged to or recovered from any of the foregoing: (i) by reason or on account of damage to or destruction of any property of Landlord, or any property of, injury to or death to any person resulting from or arising out of the use, occupancy or maintenance of the Premises or any Improvements, or the Tenant's operations thereon, or the acts or omissions of Tenant's officers, employees, agents, contractors, subcontractors, licensees or invitees, regardless of where the damage, destruction, injury or death occurred, except to the extent that such liability, loss, suit, claim, demand, judgment, fine, damage, penalty, cost or expense was proximately caused by the person to be indemnified hereunder, (ii) arising out of the failure of Tenant to keep, observe or perform any of the covenants or agreements in this Lease to be kept, observed or performed by Tenant, or (iii) imposed on or assessed against the Landlord by reason of or arising out of any act or omission on the part of Tenant, any subTenant or any other person acting by, through or for Tenant or any subTenant of Tenant. Landlord agrees to give Tenant reasonable notice of any suit or claim for which indemnification will be sought by it hereunder, to allow Tenant or its insurer to compromise and defend the same to the extent of its interest and to reasonably cooperate with the defense of any such suit or claim. In carrying out its obligations hereunder, Tenant shall use counsel reasonably acceptable to the Landlord. The provisions of this Article shall survive the expiration or earlier termination of this Lease with respect to any acts or omissions occurring during the term of this Lease. ARTICLE X11 ENVIRONMENTAL MATTERS 17 12.1 Compliance. Tenant shall comply with all "Environmental Laws ", which are defined as all applicable federal, state and local statutes, laws, ordinances, regulations, administrative rulings, orders and requirements pertaining to the protection of the environment, including but not limited to, the Landlord's rules and regulations, and including, but not limited to those regulating the use, storage, handling and disposal of any contaminant, toxic or hazardous waste, or any other substance the removal of which is required or the use of which is restricted, prohibited or penalized under any federal, state or local statute, law, ordinance, regulation, rule or judicial or administrative order with respect to environmental conditions, health, or safety, including, without limitation, asbestos or petroleum products ( "Hazardous Substances "). 12.2 Use Limitations. Further, during the Term of this Lease, neither Tenant nor any agent or party acting at the direction or with the consent of Tenant shall use, store, handle or dispose of by any means any Hazardous Substances at the Premises, except that Tenant shall be entitled to use Hazardous Substances of the type and in the quantities typically used by companies performing similar aviation services in accordance with all applicable Environmental Laws. 123 Audit by Landlord. Upon reasonable notice to Tenant, the Landlord may conduct or cause to be conducted through a third party that it selects, an environmental audit or other investigation of Tenant's operations to determine whether Tenant has breached its obligations under subparagraph (a) above. Tenant shall pay all costs associated with said investigation and if such investigation shall disclose any such breach by Tenant, and shall immediately remediate any contamination resulting from the same. 12.4 Final Audit. Within thirty (30) days prior to the expiration or termination of this Lease, Tenant shall commence a Phase I Environmental Assessment ( "Phase I -EA ") in accordance with ASTM Standard ASTM E -1527, or such other commonly recognized standard as may be in effect at that time, on the Premises. If the Phase I -EA reveals any areas of environmental concern that, in the Landlord's reasonable discretion, warrant further investigation, Tenant shall commence an appropriate Phase II Environmental Assessment ( "Phase II -EA ") including sampling and analysis of soil and groundwater necessary to determine whether or not contamination has occurred. Copies of the EAs shall be provided to the Landlord upon completion and shall be certified to be for the benefit of the Landlord by the environmental consultant performing the EA. Tenant shall promptly undertake and pursue diligently to completion any remedial measures indicated by the above- described 18 *1 environmental assessments. 12.5 Presumptions. Notwithstanding any other provision hereof Tenant does not undertake any obligation to remediate, or to take any other action with respect to any environmental condition not attributable to actions at the Premises (or elsewhere at the Airport) by Tenant, its officers, employees, agents, contractors, subcontractors, licensees or invitees. After construction commences, the presence of any Hazardous Material on the Premises shall raise the rebuttable presumption that Tenant is the cause of such presence and any flumes emanating from the Premises. 12.6 Continuing Obligation. The provisions of this Article shall survive the expiration or earlier termination of the Term of this Agreement. ARTICLE XIII PREVENTION OF USE If, after the effective date of this Lease, the Tenant is precluded or prevented from using the Premises for those primary purposes identified in Article IV of this Lease, by reason of any zoning law, ordinance or regulation of Landlord or others having jurisdiction over the Premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Tenant may terminate this Lease by giving Landlord fifteen (15) days notice in writing, in addition to any other remedies available to Tenant applicable by law. ARTICLE XIV EMINENT DOMAIN If all of the Premises shall be taken under a power of eminent domain by another governmental agency, all of the compensation or proceeds awarded for the taking of the land, building and /or improvements on the Premises shall be divided amongst the Landlord and Tenant according to the following process: i. Any outstanding mortgages encumbering Tenant's leasehold interest in and occasioned by construction of said improvements shall be paid in full through such award. Any and all dollars left after repayment of mortgages shall herein be referred to as Remaining Proceeds. ii. As listed above, in Paragraph 10.2, an Investment Ratio shall be determined by dividing the Tenant's total contribution (including the 19 unamortized mortgage amount for the construction of such improvements) by the total cost of Improvements {FOR EXAMPLE: if total Tenant contribution is $800,000 and total project cost is $1,600,000, then the Investment Ratio would be .50 or 50 %). This Investment Ratio shall be calculated by Tenant, with method shown, within sixty (60) days after completion of such improvements and will be attached hereto as Exhibit "F ". iii. The Remaining Proceeds shall be multiplied by the Investment Ratio. This amount shall be paid to the Tenant, less any sums paid under the conditions of Paragraph (i) above. The balance of the Remaining Proceeds shall be paid to the Landlord. {FOR EXAMPLE: Remaining Proceeds ($1,000,000) x Investment Ratio (5) _ $500,000 — Mortgage amount ($200,000) _ $300,000 paid to Tenant and $700,000 paid to Landlord} It is understood and agreed that all condemnation proceeds for any Partial Taking of the Premises shall be held in trust and used for the repair and reconstruction of the Premises and replacement of the Improvements, with any portion of such proceeds not needed for such repair, reconstruction and replacement to be retained by Landlord. 14.1 Effect upon Term. Upon a Taking of the entire Premises, Tenant's interest in this Lease shall continue until the Taking is completed by deed, contract or final order of condemnation, unless otherwise specified by court order. If the Taking is of substantially all of the Premises, Tenant may, by notice to Landlord within ninety (90) days after Tenant receives notice of the Taking, elect to treat the taking in accordance with the preceding sentence. If Tenant does not so notify Landlord, this Lease shall remain in full force and effect covering the balance of the Premises not so taken, except that the Annual Rent payable hereunder by Tenant shall be equitably adjusted (a "Partial Taking "). 14.2 Temporary Takings. Upon any Taking of the temporary use of all or any part of the Premises or Improvements, or both, neither the Term nor the Annual Rent shall be reduced or affected in any way and Tenant shall be entitled to any award for the use or estate taken. 14.3 Option to Terminate. If either a temporary or partial taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the Premises, the Lease, at the option of either party, may be terminated. 20 14.4 Reservation of Rights. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning agency by reason of the exercise of the power of eminent domain, specifically including the right of Tenant to claim business damages. ARTICLE XV GOVERNMENT SEIZURE In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or restricts the use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, either party, at its sole discretion, may terminate this Lease. ARTICLE XVI LANDING FEES Tenant is specifically prohibited from charging Landing or any other type of runway use fees. Nothing in this Lease shall act to prohibit the Landlord from charging such fees, as it deems necessary or desirous. ARTICLE XVII DEFAULT The occurrence of any of the following shall constitute an event of default (an "Event of Default ") by Tenant under this Lease: (i) the failure of Tenant to make any payment of Annual Rent, Rent, or any other payment required to be made by Tenant hereunder when due which failure is not remedied within ten (10) days following receipt of written notice from Landlord; (ii) the failure of Tenant to keep, observe or perform any other material covenant or agreement herein, and the continued failure to observe or perform any such covenant or agreement after a period of thirty (30) days after written demand; (iii) commencement by or against the Tenant of an insolvency or bankruptcy proceeding, including, without limitation, a proceeding for liquidation, reorganization or for the readjustment of its indebtedness, or the insolvency of the Tenant, or an assignment or arrangement for the benefit of its creditors or the appointment of a receiver, trustee or custodian, provided, however, that any of the 21 r foregoing set forth in this subsection which is commenced by a person other than Tenant shall not constitute an Event of Default if it is discharged within sixty (60) days following receipt of written notice from Landlord; or (iv) the placement of any lien upon the Premises or any Improvements (excluding liens for taxes which are not delinquent and Mortgages permitted hereunder) which is not discharged of record by payment or bond within thirty (30) days following receipt of written notice from Landlord. 17.1 Remedies for Default. Upon the occurrence of an Event of Default, the Landlord may in its sole discretion pursue any of the following remedies, or such other remedies as may be available to the Landlord at law or in equity: (a) Landlord may terminate the Lease and re -enter and repossess the Premises; or (b) Landlord may, without terminating this Lease, terminate Tenant's right to possession of the Premises, retake possession of the Premises, and recover immediately from the Tenant damages calculated as follows: (i) all unpaid Annual Rent and other payments due from Tenant that had been earned at the time of termination of Tenant's right to possession, together with, (ii) the amount by which the unpaid Annual Rent and other payments due from Tenant, earned after the date of termination of Tenant's right to possession of the Premises until the time of award, exceeds the amount of the loss of Annual Rent and other payments due from Tenant that Landlord proves has been or could have reasonably been avoided. For purposes of the calculation of damages described above, and in subsection (c) below, payments other than Annual Rent due from Tenant after the termination of Tenant's right to possession of the Premises shall be based upon the average of such payments payable during the thirty-six (36) month period prior to the termination of possession (or, if shorter, the prior period of the Term of the Lease). Upon entry of judgment for such damages, as described above, this Lease shall be deemed to be terminated; or (c) Landlord may, without terminating this Lease, terminate Tenant's right to possession of the Premises, retake possession of the Premises and re -let the Premises, or any part or parts thereof for the account of Tenant for a term which 22 Jh U M may, at Landlord's option, be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease. In such event Tenant shall pay to Landlord any deficiency between the Annual Rent and other charges herein reserved 'and the net amount of the rents and other charges collected on account of any other lease of the Premises for each month of the period that would otherwise have constituted the balance of the Term of this Lease. Landlord may recover such deficiency from Tenant at the time each payment becomes due under the Lease. Irrespective of the exercise of either of the above - referenced options, Landlord shall have the right to recover all unpaid Annual Rent, Annual Rent and other payments earned by Landlord prior to the date of termination of possession or of the Lease, and all of Landlord's costs, charges and expenses, including reasonable Attorneys' Fees, incurred in connection with the recovery of sums due under this Lease, or due to the breach of any covenant or agreement of Tenant contained in this Lease, including any costs and expenses of re- letting the Premises, such as all necessary repairs and renovations, all brokerage fees and Attorneys' Fees. Landlord will have the right at any time following an Event of Default to elect to terminate the Lease. No action taken by Landlord pursuant to this Article shall be deemed to terminate this Lease unless written notice of termination is given by Landlord to Tenant. 17.2 Remedies Non - exclusive. The rights and remedies given to Landlord by this Lease shall not be exclusive, and in addition thereto, Landlord shall have such other rights and may pursue such other remedies as are provided by law or in equity. All such rights and remedies shall be deemed to be cumulative, and the exercise of one such right or remedy by Landlord shall not impair its standing to exercise any other right or remedy. 17.3 Waiver of Statutory Requirements. Tenant hereby expressly waives any notices of default not specifically provided for herein, including, without limitation, the notice requirements provided for in Section 83.20, Florida Statutes, and all .rights of redemption, if any, granted under present or future taw in the event Tenant shall be evicted or dispossessed for any cause, or in the event Landlord shall obtain possession of the Premises by virtue of the provisions of this Agreement or otherwise. 17.4 Advances By Landlord. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of and the value thereof, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. If Landlord has 23 \...1 paid any sums of money or in any obligation or expense for which Tenant is obligated to pay or reimburse Landlord, or if Landlord is required or elects to do so because of the failure of Tenant to perform any of the terms or conditions of this Lease, then the same shall be deemed Annual Rent and shall be paid to Landlord in accordance with Article III herein. 17.5 Non - Waiver By Landlord. No -waiver of any covenant or condition or of the breach of any covenant or condition of this Lease shall constitute a waiver of any subsequent breach of such covenant or condition or justify or authorize the non - observance on any other occasion of the same or of any other covenant or condition hereof. The acceptance of Annual Rent, Annual Rent or other payments from Tenant by Landlord at any time when Tenant is in. default under this Lease shall not be construed as a waiver of such default or of Landlord's right to exercise any remedy arising out of such default, nor shall any waiver or indulgence granted by Landlord to Tenant be taken as an estoppel against Landlord, it being expressly understood that Landlord may at any time thereafter, if such default continues, exercise any such remedy in the manner hereinbefore provided or as otherwise provided by law or in equity. 17.6 Landlord's Lien. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the Premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder, subject to any mortgages encumbering the Premises from the development of the Improvements. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the Premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re -entry upon the Premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. 24 (f ARTICLE XVIII LEASEHOLD ENCUMBRANCES 18.1 Mortgage Authorized. Tenant may encumber only its leasehold estate by the execution and delivery of a Mortgage. Landlord's written consent is required before any mortgage, other than one for construction on the Premises, is made which encumbers said Leasehold estate. Landlord will not subordinate its interest in the Premises or in this Lease to any Mortgage. The Mortgagee of any such Mortgage may deliver to Landlord a written notice specifying (i) the amount of the obligation secured by the Mortgage and the date(s) of the maturity thereof; and (ii) the name and address of the Mortgagee. After receipt of such notice, Landlord shall serve such Mortgagee by certified or registered mail, at the latest address furnished by such Mortgagee, a copy of every notice of default or demand served by Landlord upon Tenant under the terms and provisions of this Lease so long as such Mortgage is in effect. In the event of any assignment of a Mortgage or in the event of a change of address of the Mortgagee or of an assignee of such Mortgage, notice of the new name and address shall be provided to Landlord. 18.2 Mortgagee's Rights. Upon receipt of a notice of default, Mortgagee shall have thirty (30) days after receipt of such notice within which, at Mortgagee's election, either: to cure the default if it can be cured by the payment or expenditure of money; to perform such other action as may be necessary to cure the default or if the default is not a default in the payment or expenditure of money and is curable but cannot be cured within thirty (30) days, to commence performance within such thirty (30) day period and thereafter diligently prosecute the same to completion, in which event the default will be deemed to have been cured. In the event it is necessary for Mortgagee to obtain possession of the Premises in order to cure a default, Mortgagee shall be deemed to have cured said default if it institutes foreclosure proceedings within such thirty (30) day period and completes such foreclosure proceedings or otherwise acquires Tenant's interest under this Lease with diligence and continuity and thereafter commences and diligently proceeds to cure such default; provided, however, that Mortgagee shall not be required to continue such possession or continue such foreclosure proceedings if the default which would have been the reason for serving a default notice shall be cured, and provided further, that nothing in this Article shall preclude Landlord from exercising any rights or remedies under this Lease with respect to any other default by the Tenant during any period of such forbearance. 25 18.3 Additional Rights of Mortgagee. In the event of foreclosure by any Mortgagee, the purchaser at the foreclosure sale or the Person acquiring Tenant's interest in lieu of foreclosure shall succeed to and be bound by all of Tenant's rights, interests, duties and obligations under this Lease. In the event that a Mortgagee shall become the owner or holder of the Tenant's interest by foreclosure of its Mortgage or by assignment of this Lease in lieu of foreclosure or otherwise, the term "Tenant ", as used in this Lease, means only the owner or holder of the Tenant's interest for the time being so that, in the event of a sale, assignment or other disposition of the Tenant's interest in this Lease by the Mortgagee, the Mortgagee shall be entirely freed and relieved of all covenants and obligations of the Tenant under this Lease arising after the date of such sale, assignment or other disposition, and it shall be deemed and construed, without further agreement between Landlord and Mortgagee or between Landlord, Mortgagee and the Mortgagee's purchaser or assignee at any such sale or upon assignment of Tenant's interest, that the purchaser or assignee of Tenant's interest has assumed and agreed to carry out any and all covenants and obligations of Tenant. In the event of the termination of this Lease or of any extension of said Lease prior to its stated expiration date, or in the event of the termination of Tenant's right to possession of the Premises as a result of an event of default by Tenant hereunder, Landlord will enter into a new lease of the Premises with Mortgagee or, at the request of such Mortgagee, with a corporation which is wholly owned by such Mortgagee, for the remainder of the term effective on the date of such termination of this Lease (or termination of Tenant's right to possession of the Premises) at the Annual Rent and upon the covenants, agreements, terms, provisions and limitations contained in this Lease, provided that such Mortgagee makes written request and executes, acknowledges and delivers to Landlord such new lease within thirty (30) days from the date of such termination of this Lease (or termination of Tenant's right to possession of the Premises) and such written request and such new lease are accompanied by payment to Landlord of all amounts then due to Landlord, including Attorneys' Fees incurred by Landlord in connection with any such default and termination as well as in connection with the execution and delivery of such new lease. In addition, immediately upon execution of such new lease, Landlord shall execute, acknowledge and deliver to Mortgagee an assignment of all subleases covering the Premises which theretofore may have been assigned and transferred to Landlord and all subleases under which subTenants shall be required to attorn to Landlord pursuant to the terms and conditions of 26 im M such subleases or this Lease. Such assignment by Landlord shall be deemed to be without recourse as against Landlord. Reference in this Lease to a Mortgagee shall be deemed to refer, where circumstances require, to any assignee of a Mortgagee; provided that such assignee shall forward to the Landlord a duplicate original of the assignment of the Mortgage, together with a written notice setting forth the name and address of the assignee. ARTICLE XIX NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid or overnight/express delivery) to the other party at the address given below: Landlord: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Tenant: Sheltair Sebastian, LLC 4860 Northeast 12th Ave Ft. Lauderdale, FL 33334 provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. ARTICLE XX RIGHT TO INSPECT The Landlord may enter the Premises upon reasonable notice: (a) To inspect or protect the Premises or any Improvements located thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of Landlord or any lawful government agency having jurisdiction over the Premises or any business conducted therein; 27 M EWA (c) To exhibit the Premises to any prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason; or (d) To retrieve stored data from required security installments. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. ARTICLE XXI REMOVAL OF FIXTURES At the expiration of the Lease, any and all trade equipment, signs and personal property, used by the Tenant in the operation of its business, on the Premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. However, any such property remaining on the Premises more than sixty days after said expiration shall be deemed the property of Landlord. Fixtures shall not be removed and are considered the property of Landlord. A fixture shall be deemed as an article, which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and becoming incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non - fixtures personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, it may remove all such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the Premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the Premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at its expense. ARTICLE XXII 28 \%� AIRPORT - RELATED RESTRICTIONS The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that it will use the Premises consistent with the Airport Master Plan. Landlord has directed the development plans for the Improvements and represents that they are consistent with the Airport Master Plan and in compliance with the requests of all Federal, State, and Local rules and regulations. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the Premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the Premises that would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Tenant covenants and acknowledges that the use of the Premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. ARTICLE XXIII , NONDISCRINUNATION The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the Premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be 29 subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re -enter and repossess the Premises. ARTICLE XXIV ASSIGNMENT AND SUBLETTING Except for the leasing of individual hangar spaces in the normal course of business, Tenant shall not assign this Lease or sublet the Premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord, which consent may not be unreasonably withheld. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease, unless otherwise provided for in Landlord's consent. ARTICLE XXV MISCELLANEOUS 25.1 Binding Effect. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. It is acknowledged that the validity of said Lease is subject to its approval by the Federal Aviation Administration. 25.2 Applicable Law /Venue. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by 30 .'1 Federal law. THE PARTIES HERETO SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH LEGAL PROCEEDING. 25.3 Attorneys Fees. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in the venue. 25.4 Identity of Interest. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and Tenant. Each party covenants and agrees that, except as elsewhere specifically provided for in this Lease, it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other parry, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the Premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof. 25.5 Entire Agreement. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the Premises, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 111P� 11.� M IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: Sally A. io, CMC City Cl rk Approved as to Form and Legality for Reliance by the City of Sebastian only: �t.. Rich Strin er, City tt ey Sheltair Sebastian, LLC By: Gerald Holland, Managing Member 32 CITY OF SEBASTIAN A Municipal Corporation errenc oore, City Manager EXHIBIT A It ow-A 30.00' EASEMENT 30.00' EASEMENT � I ( SOUTHERLY EXTENSION OF CENTERLINE OF AIRPORT DRIVE WEST POINT OF COMMENCEMENT WEST CORNER SECTION 29, OF THE FLEMING GRANT 4 "x4" CONCRETE MONUMENT WITH BEVELED TOP, NO IDENTIFICATION Z 0 A� ` �O. I co ssrsta g ♦ I I SOUTHWESTERLY LINE OF i SECTION 29, FLEMING GRANT ♦ I GRAPHIC SCALE 100 0 w 100 200 ( IN FEET ) 1 inch = 100 ft. FS! KETCH OF DESCTIPTIQN N 90'00'00" E 538.86' T CIO O Cr) X26 T- HANGAR SITE 0!rn ±5.01 ACRES I EAST LINE OF 30.00' EASEMENT 30.00' POINT OF BEGINNING 84'20'41 " W 136.87' N 72'49'40" W, 36,03'-/ N 69'00'42" W. 67,92' bi O 0 a, o a, 0 0 C, N I N 88'05'45„ W 125.65' N 90'00'00" W 179.07' PREPARED BY CARTER ASSOCIATES INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1706 MIST STREET 772 -562 -4191 (TE'Lj VERO REACH. FLORIDA 32960 -8472 772 -562 -7180 (FAX 120 of 140 N O N W v a C'?s >;i (T T 1 I .771 7M il,,7 ,f_ !-�Ia.`-7 11MAN M[1f�IS.,i A PARCEL OF LAND LYING AND BEING IN THE COUNTY OF INDIAN RIVER, STATE OF FLORIDA, BEING A PORTION OF THE FLEMING GRANT IN TOWNSHIP 31 SOUTH, RANGE ,38 EAST, TALLAHASSEE MERIDIAN, FLORIDA, AS SHOWN ON THE SUBDMSION PLAT OF SAID GRANT RECORDED AT PAGES 72 AND 73 IN PLAT BOOK NO. 1 IN THE PUBLIC RECORDS OF THE COUNTY OF BREVARD, STATE OF FLORIDA, SAID LAND NOW LYING AND BEING IN 1NDLAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 4 "x4" CONCRETE MONUMENT (NO IDENTIFICATION) AT THE WESTERLY CORNER OF SECTION 29. OF SAID FLEMING GRANT RUN SOUTH 4430'44' EAST ALONG THE SOUTHWESTERLY LINE OF SAID SECTION 29 A DISTANCE OF 1,550.30 FEET TO THE EAST LINE OF A 30.00 FOOT EASEMENT, SAID EASEMENT BEING 30.00 FEET EASTERLY AND NORMAL. TO THE CENTERLINE OF THE SOUTHERLY EXTENSION OF AIRPORT DRIVE WEST AS DEPICTED ON THE SKETCH OF INFORMATION PREPARED BY MASTELLER, MOLER AND REED. FOR THE CITY OF SEBASTIAN — SEBASTIAN MUNICIPAL AIRPORT, PROJECT NUMBER 95 -4277, DATED SEPTEMBER, 2000, THENCE RUN NORTH 00'07'19" WEST ALONG SAID EAST LINE A DISTANCE OF 20.04 FEET TO THE POINT OF BEGINNING, FROM THE POINT OF BEGINNING CONTINUE NORTH 00'0719' WEST ALONG SAID EAST LINE A DISTANCE OF 399.44 FEET. THENCE RUN NORTH 90'00'00' FAST A DISTANCE OF 538.86 FEET. THENCE RUN SOUTH 00'06'36' EAST A DISTANCE OF 360.08 FEET; THENCE RUN NORTH 90'00'00" WEST A DISTANCE OF 779.07 FEET:• THENCE RUN SOUTH 00'00'00" EAST A DISTANCE OF 91.99 FEET, THENCE RUN NORTH 88'05'45" WEST A DISTANCE OF 725.65 FEET,• THENCE RUN NORTH 69'00'42° WEST A DISTANCE OF 67.92 FEET, THENCE RUN NORTH 72`49'40" WEST A DISTANCE OF 36.03 FEET,• THENCE RUN NORTH 84'2041 " WEST A DISTANCE OF 136.87 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 5.01 ACRES, MORE OR LESS. GENERAL NOTES: 1. UNLESS IT SEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING. SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RIGHTS —OF —WAY, EASEMENTS OF RECORD, RESERVATIONS, OWNERSHIP, ABANDONMENTS, DEED RESTRICTIONS, ZONING REGULATIONS OR SETBACK LINES, LAND USE PLAN DESIGNATION, ADJOINING DEEDS OR MURPHY ACT DEEDS. J. PARENT TRACT LEGAL DESCRIPTIONS ARE RECORDED IN OFFICIAL RECORD BOOK 62, PAGES 255 — 265 PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. 4. NO FOUNDATIONS OR UNDERGROUND INSTALLATIONS HAVE BEEN LOCATED. 5. BEARING DATUM IS BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 1990 (NAD 83190) AND PROJECTED IN THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901). DIMENSIONS SHOWN HEREON ARE IN GRID AND DISPLAYED IN U.S SURVEY FEET. 6. THIS SKETCH DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP. Z THIS IS NOT A BOUNDARY SURVEY. THIS 1S A SKETCH AND LEGAL DESCRIPTION ONLY. S. X26 T— HANGAR SITE CONFIGURATION BASED ON CADD FILES FURNISHED BY LPA GROUP INC. ON AUGUST 12, 2002. CERTIFIED TO: SHELTAIR SEBASTIAN, LLC CAI REFERENCE DRAWINGS: — PREPARED BY — BOUNDARY SURVEY — SEBASTIAN AIRPORT DWG# 15925 —C, SEPTEMBER 2000 -0�' CARTER ASSOCIATES INC. TOPOGRAPHIC SURVEY T— HANGAR SITE DWG# 16228 C. 8/9/01 DAVID E. LU THJE, PSM I DATE ICONSULTING ENGINEERS AND LAND SURVEYORS PROPOSED WEST ACCESS ROAD PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE N0, 5728 1708 21ST STREET 772- 682 -4191 TEL DWG# 15233 C, 8/17/01 CARTER A'SSAC:IATFS INC I R NO 205 VERO BEACH. FLORIDA 32980 -$472 772 -382 -7180 PAX 121 of 140 N 0 r I..I s v C� b Central Florida Office 321 North Crystai Lake Dr. Orlando> FL 3.2803 Joe Griffin Sebastian Municipal Airport City of Sebastian 1225 Main Street Sebastian, Florida 32958 Attn. City Manager Dear Joe: On behalf of the entire Sheltair Aviation company, I am excited to announce that it has successfully secured a commitment for a Senior Credit Facility refinancing with a five (5) year term. This new financing opportunity reflects the strong confidence SunTrust Bank, as the Administrative Agent and lienholder for the conglomerate of lenders, has in Sheltair and its future. More importantly for the Airport, the new financing will provide Sheltair the ability to improve its FBO operations and future development opportunities at the Airport through the savings captured by competitive interest rates, lowered costs of a single company wide refinancing (as opposed to expensive multiple closings), and will also provide Sheltair the funding for a new line of credit. Although the Senior Credit Facility will be a company wide five (5) year financing arrangement involving all of Sheltair's FBO operations and airport properties, each Sheltair business entity at each Airport will be handled individually as to each location. Therefore, the mortgage process logistically will he identical in all major respects to a traditional leasehold mortgage financing, and extremely similar to what Sheltair has utilized in prior mortgage transaction(s) at the Airport. SunTrust Bank will be the Administrative Agent and point of contact for all dealings related to the mortgage, and will be the single listed lienholder on the recorded documents, Therefore, although multiple lenders will be participating in the funding of the Senior Credit Facility process (which is what differentiates this process from a more conventional form of mortgage financing with a single lender), the Airport, should the need ever arise, will have a single point of contact with SunTrust Bank. i would like to emphasize that as with a traditional mortgage financing, the Airport will incur NO liability(ies) for any of Sheltair's debt under the Senior Credit Facility. Z FBOs • Properties • Construction 407.854-7818.447 - 854- iao4farc • sheltairaviatiorLcom 122 of 140 And the Airport's assets will remain protected as currently set forth in Sheltair's lease with the Airport. Sheltair has been requested by SunTrust Bank to obtain the Airport's execution of the enclosed Ground Lessor Estoppel in relation to this Closing. After reviewing same, please contact me at 487 -854 -1818 should, you have any additional questions you or the Airport may have in relation to this transaction and /or the enclosed Estoppel. Thank you for your continued support of Sheltair. Please return the original fully executed Ground Lessor Estoppel directly to my office at; Sheltair Aviation 3122 East Amelia Street, Suite A Orlando, FL 32803 Sincerely, Todd S. Anderson, Sr. V.F. Aviation Development and Properties 123 of 140 GROUND LESSOR ESTOPPEL AND AGREEMENT WHEREAS, CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida (hereinafter "Landlord "), or its predecessor in interest, has heretofore leased certain lands described on Exhibit A attached hereto (hereinafter the "Premises ") to SHELTAIR SEBASTIAN, LLC a Florida limited liability company (hereinafter "Tenant "), or its predecessor in interest, pursuant to an agreement of lease, as more particularly described on Exhibit B, (as same may have been amended, modified, substituted or extended, hereinafter the "Lease "); WHEREAS, Tenant and certain other affiliates of Borrower, as co- borrowers or guarantors (collectively, "Loan Parties ") intend to enter into a Credit Agreement among Borrower, the Loan Parties, SunTrust Bank, as Administrative Agent and Collateral Agent (together with it successors and assigns, the "Administrative Agent'), Swingline Lender and Issuing Bank, and the Lenders from time to time party thereto (as the same may be amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement "; capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Credit Agreement). As security for the Obligations under the Credit Agreement and the other Loan Documents, Tenant intends to execute a first leasehold mortgage for the benefit of Administrative Agent upon Tenant's interest as tenant under the Lease in the Premises (the "Leasehold Mortgage'); and WHEREAS, the Administrative Agent and the Lenders are unwilling to enter into the Credit Agreement unless Landlord reaffirms to Administrative Agent that the provisions of the Lease respecting leasehold mortgages are restated and confirmed for Administrative Agent's benefit and certain additional agreements are made with Administrative Agent with respect to Administrative Agent's rights as the holder of the Leasehold Mortgage; NOW THEREFORE, in consideration of ten dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Landlord hereby certifies to and agrees with Administrative Agent as follows: 1. Upon the recording of the Leasehold Mortgage, Landlord hereby recognizes Administrative Agent as a "Mortgagee" as defined in Article XVIII of the Lease, for all purposes under the Lease. Landlord hereby consents to the granting by Tenant of a mortgage on Tenant's interest pursuant to the Lease to Administrative Agent. 2. All of the mortgagee protection provisions contained in the Lease, including but not limited to Article _ XVIII, and all other provisions inuring to the benefit of mortgagees or their successors and assigns contained in the Lease, are hereby incorporated into this agreement by reference and restated and confirmed by Landlord for the benefit of Administrative Agent, its successors and assigns. Landlord confirms that pursuant to the provisions contained in Article I, Section 1.4 of the Lease that Landlord is not permitted, in the absence of an uncured default of Tenant under the Lease, to disturb the possession, interest or quiet enjoyment of Tenant or any subtenant of the Tenant, or in any manner, which would adversely affect the security provided in the Leasehold Mortgage. 124 of 140 y 3. Landlord hereby agrees that the Lease shall not be modified, terminated, amended, altered or cancelled, nor shall a surrender of the Premises be accepted by Landlord, without the prior written consent of Administrative Agent, and that any such action taken without Administrative Agent's consent shall not be binding on Tenant or Administrative Agent. 4. Landlord hereby confirms that, pursuant to Article XVIII, Section 18.3 of the Lease, in the event that the Lease is terminated for any reason including, without limitation, as a result of a rejection of the Lease in a bankruptcy proceeding, upon Administrative Agent's written request, Landlord shall enter into a new ground lease with Administrative Agent and such new ground lease shall be upon the same terms and conditions of the unexpired term of the Lease immediately prior to such termination. 5. Landlord hereby confirms with respect to the new ground lease referred to in Article XVIII, Section 18.3 of the Lease that, should Administrative Agent become the tenant under a new lease: (a) title to all improvements now owned by Tenant, if any, situate on the Premises shall automatically vest in Administrative Agent pursuant to Article XVIII, Section 18.3 of the Lease; and (b) Landlord shall promptly assign to Administrative Agent all space leases and subleases under which the tenants have attorned, with the consent of Administrative Agent pursuant to Article XVIII, Section 18.3 of the Lease, to Landlord. 6. Landlord hereby covenants and agrees that the Leasehold Mortgage shall not be subject or subordinate to any mortgage encumbering the fee estate of the Premises. 7. Landlord hereby confirms the provisions of Article XVIII, Section 18.1 of the Lease to the effect that Landlord shall deliver to Administrative Agent written notice of any default by Tenant under the Lease simultaneously with sending such notice to Tenant and that no notice of default given to Tenant, and no exercise of any remedy by Landlord as a result of any such default, shall be effective unless such notice shall have been delivered to Administrative Agent. Landlord hereby further confirms the provisions of Article XVIII, Section 18.2 of the Lease to the effect that Administrative Agent shall have the right, but not the obligation, to cure any default by Tenant under the Lease and Administrative Agent shall be afforded (a) 30 days to cure any such default or (b) in the event that any such default cannot, with reasonable diligence, be cured within 30 days, such longer period as may be required to complete such cure including, without limitation, such time as may be required for Administrative Agent to gain possession of Tenant's interest under the Lease, provided that Administrative Agent notifies Landlord of its intention to cure such default and Administrative Agent promptly commences and diligently pursues such cure to completion. 8. Landlord hereby confirms that Tenant does not have the right to assign or sublet Tenant's interest under the Lease to Administrative Agent, its successor or assign without the consent of Landlord, and in the event Tenant's interest under the Lease is so assigned or sublet to Administrative Agent, its successor or assign (as applicable, the "Assignee'), such z CHARI \1309499x3 125 of 140 Assignee shall not have the right to further assign or sublet the Tenant's interest in the Lease without the need to obtain the consent of Landlord. 9. Landlord hereby covenants and agrees that Administrative Agent shall be entitled to participate in any settlement regarding insurance or condemnation proceeds or awards, to collect and hold any such proceeds or awards and to determine and direct whether any such proceeds or awards are made available for the restoration of the Premises or are applied to the repayment of the Obligations under the Credit Agreement and the other Loan Documents. 10. Landlord hereby confirms the provisions of Article XVIII, Section 18.3 to the effect that Administrative Agent shall have the right, pursuant to the terms of the Lease, to exercise any option to renew the term of the Lease or any option to purchase the Premises, if the Tenant shall fail to exercise any option to so extend or purchase. 11. Landlord hereby certifies as follows: (a) Landlord is the owner of the fee simple estate in the Premises and is the landlord under the Lease. (b) Tenant is the owner of the leasehold estate in the Premises and is the tenant under the Lease. (c) The Lease is in full force and effect in accordance with its terms and has not been further assigned, supplemented, modified or otherwise amended except as set forth in Exhibit B attached hereto and each of the obligations on Landlord's part to be performed to date under the Lease have been performed. (d) To the best of Landlord's knowledge, each of the obligations on Tenant's part to be performed to date under the Lease have been performed. (e) To the best of Landlord's knowledge, Borrower has no offsets, counterclaims, defenses, deductions or credits whatsoever with respect to the Lease. (f) Except as set forth in Exhibit B attached hereto, there do not exist any other agreements (including Subordination, Non - Disturbance and Attornment Agreements) concerning the Premises, whether oral or written between Landlord and Tenant (or their respective predecessors or successors) under the Lease. (g) As of the date hereof, no basic rent or additional rent is due from Tenant under the Lease. The basic rent currently payable by Tenant under the Lease is $29,634.12 per annum. Basic rent due under the Lease has been paid through May 31, 2013. (h) The term commencement date of the Lease was January 1, 2004, and the initial term/current extension term of the lease shall expire on December 31, 2033. (i) Neither Landlord nor Tenant has assigned the Lease. CHARR13094990 126 of 140 (�) Landlord has not assigned, conveyed, transferred, sold, encumbered or mortgaged its interest in the Lease or the Premises and there are currently no mortgages, deeds of trust or other security interests encumbering Landlord's fee interest in the Premises and no third party has an option or preferential right to purchase all or any part of the Premises. (k) Landlord has not received written notice of any pending eminent domain proceedings or other governmental actions or any judicial actions of any kind against the Landlord's interest in the Premises. (1) Landlord has not received written notice that it is in violation of any governmental law or regulation applicable to its interest in the Premises and its operation thereon, including, without limitation, any environmental laws or the Americans with Disabilities Act, and has no reason to believe that there are grounds for any claim or such violation. (m) The Lease attached hereto is a true, correct and complete copy thereof. 12. Notices. All notices, demands, requests or other communications to be sent by one party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of the same in person to the intended addressee, or by depositing the same with Federal Express or another reputable private courier service for next business day delivery, or by depositing the same in the United States mail, postage prepaid, registered or certified mail, return receipt requested, in any event addressed to the intended addressee at its address set forth on the first page hereof and, if addressed to Administrative Agent, to SunTrust Bank, Agency Services, 303 Peachtree Street, 25`x' Floor, Atlanta, Georgia 30308, Attention: Doug Weltz, and if addressed to Landlord, to City of Sebastian, Attention: City Manager, 1225 Main Street, Sebastian, Florida 32958, or at such other address as may be designated by such party as herein provided. All notices, demands and requests shall be effective upon such personal delivery, or one (1) business day after being deposited with the private courier service, or two (2) business days after being deposited in the United States mail as required above. By giving to the other party hereto at least fifteen (15) days' prior written notice thereof in accordance with the provisions hereof, the parties hereto shall have the right from time to time to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. This Estoppel and Agreement and the representations and agreements made herein are given with the understanding that this Estoppel and Agreement constitutes a material inducement for Administrative Agent and the Lenders to enter into the Credit Agreement and that Administrative Agent and the Lenders shall rely hereon in entering into the Credit Agreement. This Estoppel and Agreement and the representations and agreements made herein shall inure to the benefit of Administrative Agent, its successors and assigns and shall be binding on Landlord, its heirs, legal representatives, successors and assigns. This Estoppel and Agreement may be executed in any number of counterparts, each of which shall be effective only upon delivery and thereafter shall be deemed an original, and all of which shall be taken to be one and the same instrument, for the same effect as if all parties hereto had signed the same signature page. Any signature page of this Estoppel and Agreement may be detached from any counterpart of this Estoppel and Agreement without 4 CHARI113094990 127 of 140 impairing the legal effect of any signatures thereon and may be attached to another counterpart of this Estoppel and Agreement identical in form hereto but having attached to it one or more additional signature pages. Executed this day of , 2013. AGREED: LANDLORD: CITY OF SEBASTIAN, a Municipal Corporation of the State of Florida By: Name: Title: ACKNOWLEGDED: BORROWER: SHELTAIR SEBASTIAN, LLC, a Florida Limited Liability Company By: Name: Title: ACCEPTED: SUNTRUST BANK, as Administrative Agent By: Name: Title: G: \WordDocs\Holland, Gerald M.[not Holland Builders] 9329 + \043 -Loan Syndication \Sebastian Airport\Ground Lessor Estoppel and Agreement Sebastian Municipal Airport CHARM3094990 128 of 140 EXHIBIT A Yr N yi� r 0 N • 30.00' EASEMENT 30.00' EASEMENT � i ( SOUTHERLY EXTENSION OF CENTERLINE OF AIRPORT DRIVE WEST POINT OF COMMENCEMENT WEST CORNER SECTION 29. OF THE FLEMING GRANT 4 "x4" CONCRETE MONUMENT i WITH BEVELED TOP, NO IDENTIFICATION Z O O L4 � s 1 5 i 5r. ,s i 1 SOUTHWESTERLY LINE OF SECTION 29. FLEMING GRANT GRAPHIC SCALE 100 0 SO 300 200 ( IN FEET ) 1 inch = 100 ft. SKETCH ©F DESC'FI€'TI�N N 90'00'00" E 538.86' X26 T- HANGAR SITE ±5.01 ACRES EAST LINE OF 30.00' EASEMENT 30.00' POINT OF BEGINNING 84.20'4l 'm W 136.87 -1 A N 72'49'40" W. 36.03' N 69'00'42" W, 67.92' A Obi 0 O O � CO LJ °O i O � d � 0 o p, L/1 � N 88.05'45" W 125.65' N 90.00'00" W 179.07' PREPARED BY CARTER ASSOCIATES INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21ST STREET 772 -582 -4191 T'E4) VERO WACH. FLORIDA 32980- 3472 772 -582 -7180 FAX 130 of 140 N w a N r W W d to ii O L E« n l f ►) f `. f I f'' l 11111111 N � « � + !N l F fiti I I t' =, A PARCEL OF LAND LYING AND BEING IN THE COUNTY OF INDIAN RIVER, STATE OF FLORIDA, BEING A POR770M OF THE FLEMING GRANT IN TOWNSHIP 31 SOUTH, RANGE 38 EAST, TALLAHASSEE MERIDIAN, FLORIDA. AS SHOWN ON THE SUBDMSION PLAT OF SAID GRANT RECORDED AT PAGES 72 AND 73 IN PLAT BOOK NO. 1 IN THE PUBLIC RECORDS OF THE COUNTY OF BREVARD, STATE OF FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 41W CONCRETE MONUMENT (NO IDENTIFICATION) AT THE WESTERLY CORNER OF SECTION 29, OF SAID FLEMINC GRANT, RUN SOUTH 44'30'44° EAST ALONG THE SOUTHWESTERLY LINE OF SAID SEC77ON 29 A DISTANCE OF 1,650.30 FEET TO THE EAST LINE OF A 30.00 FOOT EASEMENT, SAID EASEMENT BEING 30.00 FEET EASTERLY AND NORMAL TO THE CENTERLINE OF THE SOUTHERLY EXTENSION OF AIRPORT DRIVE WEST AS DEPICTED ON THE SKETCH OF INFORMATION PREPARED BY MASTELLER, MOLER AND REED, FOR THE CITY OF SEBASTIAN - SEBASTIAN MUNICIPAL AIRPORT, PROJECT NUMBER 95 -4277, DATED SEPTEMBER, 2000; THENCE RUN NORTH 0L707'19' WEST ALONG SAID EAST LINE A DISTANCE OF 20.04 FEET TO THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING, CONTINUE NORTH 00'07'19" WEST ALONG SAID EAST LINE A DISTANCE OF 399.44 FEET; THENCE RUN NORTH 90'00'00' EAST A DISTANCE OF 538.86 FEET; THENCE RUN SOUTH 00'06'36" EAST A DISTANCE OF 360.08 FEET; THENCE RUN NORTH 90'00'00' WEST A DISTANCE OF 179.07 FEET. THENCE RUN SOUTH 00'00'00' EAST A DISTANCE OF 91.99 FEET, THENCE RUN NORTH 88'05'45" WEST A DISTANCE OF 125.65 FEET, THENCE RUN NORTH 69'00'42° WEST A DISTANCE OF 6792 FEET; THENCE RUN NORTH 7264940' WEST A DISTANCE OF 36.03 FEET.• THENCE RUN NORTH 84'20'41 " WEST A DISTANCE OF 136.87 FEET TO THE POINT OF BEGINNING, SAID LANDS CONTAINING 5.01 ACRES, MORE OR LESS. 131 of 140 GENERAL NOTES: 1, UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. u[I,f 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR RIGHTS -OF -WAY, EASEMENTS OF RECORD, RESERVATIONS, OWNERSHIP, ABANDONMENTS, DEED RESTRICTIONS ZONING REGULATIONS OR SETBACK LINES, LAND USE PLAN DESIGNATION, ADJOINING DEEDS OR MURPHY ACT DEEDS. z J. PARENT TRACT LEGAL DESCRIPTIONS ARE RECORDED IN OFFICIAL RECORD BOOK 62, PAGES 255 — 265 PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. a 4. NO FOUNDATIONS OR UNDERGROUND INSTALLATIONS HAVE BEEN LOCATED. c BASED UPON THE 1990 D PROJECTED IN THE PLANE COORDINATE SYSTEM` FLORIDA EAST ZONE (901)• DIMENSIONS SHO(N HEREON ARE ►N GRID a a AND DISPLAYED IN U.S. SURVEY FEET. '- ° 6. THIS SKETCH DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP. W 7, THIS IS NOT A BOUNDARY SURVEY. THIS IS A SKETCH AND LEGAL DESCRIPTION ONLY 8. X25 T- HANGAR SITE CONFIGURATION BASED ON CADD FILES FURNISHED BY LPA GROUP, INC. ON AUGUST 72, 2002. v CERTIFIED TO: v o SHELTAIR SEBASTIAN, LLC O � cvn CAI REFERENCE DRAWINGS' BOUNDARY SURVEY - SEBASTIAN AIRPORT - PREPARED BY - DWG# 15925 -C, SEPTEMBER 2000 TOPOGRAPHIC SURVEY T- HANGAR SITE CARTER ASSOCIATES, INC. DWG# 16228 C. 8/9/01 DAVID E. Lu JE, ?SM DATE CONSULTING ENGINEERS AND LAND SURVEYORS M cq PROPOSED WEST ACCESS ROAD PROFESSIONAL SURVEYOR AND MAPPER 1708 2IST STREET 772- 662 -4191 (TEL) Q FLORIDA LICENSE N0, 5728 DWG# 16233 C, 8/17/01 O-ADTM secr�nTCn i o u Ana VERO BEACH, FLORIDA 32060 -5472 772- 582 -7180 (PAX; n C iu n 131 of 140 EXHIBIT B (6061A�M- L"-SE) z CHAR111309499v3 132 of 140 aiY Ui CC HOME OF PELICAN MAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Florida League of Cities Conference 1) Appoint Voting Delegate c7 Agenda No: ,' ' L� : "_. ? i 1 Department Origin: City Clerk Date Submitted. 0119113 2} Consider Resolutions for Submission For Agenda of: 6120113 ppra' ed for Submittal by: City Attorney: ii_ P i e , City Manager Exhibits: FLC Letter, Delegate Form, Resolution Instructions SUMMARY STATEMENT Each year Florida League of Cities requests that each municipality appoint one voting delegate for election of league leadership and adoption of resolutions at the annual business meeting held at the annual conference on Saturday at 9 am. FLC also requests municipalities to submit resolutions for consideration which take a position on commemorative, constitutional or federal issues. Procedures for proposing resolutions to the FLC membership are included in this backup. I emailed Allison Payne at FLC for more information on this and hopefully she will get back to me before your meeting. Deadline for resolutions is ,July 10tH but should Council decide to have a resolution to consider, I can ask that they give us until July 11th to accommodate your next scheduled meeting. RECOMMENDED ACTION 1) Appoint a voting delegate to attend the annual business meeting on Saturday at 9 am at the FLC Annual Conference. 2} Consider any resolutions Council wishes to submit to FLC. 133 of 140 *SUE op ilii� ■ P/Z�// -, 301 South Bronaugh Streei * Suite 300 . K0. Box 11757 *Tallahassee, Ft 32302.1757 * (650) 222.9684 • Fox (850) 222.3806 • www.flDriduleagueofrities.com TO FROM: Municipal Key Official Michael Sittig, Executive Director DATE: May 29, 2013 SUBJECT: 87th Annual FLC Conference — "Great Cities Make a Great State`' VOTING DELEGATE AND RESOLUTION INFORMATION August 15 -17, 2013 — World Center Marriott, Orlando As you know, the Florida League of Cities' Annual Conference will be held at the World Center Marriott, Orlando, Florida on August 15 -17. This year we are celebrating Great Cities Make a Great State which will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by -laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2012, which are the same as the 2012 Census. Registration materials will be sent to each municipality the week of June 1st. Materials will also be posted on -line. Call us if you need additional copies. The League adapts resolutions each year to take positions on commemorative, constitutional or federal issues. We have attached the procedures your municipality should follow for proposing resolutions to the League membership. A resolution is not needed to become a voting delegate. If you have questions regarding resolutions, please call Allison Payne at the League at (850) 701 -3602 or (800) 616 -1513, extension 3602. Proposed resolutions must be received by the League no later than July 10, 2013. If you have any questions on voting delegates, please call Gail Denrtard at the League (8501) 701- 3619 or (800) 615 -1513, extension 3619. Voting delegate forms must be received by the League no later than August 12, 2013. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolution -- President Manny Marorao, Mayor, Sweetwater First Vice President P.C. Wu, Council President, Pensacola * Second Vice President Lori C. Moseley, Mayor, Miramar Executive Director Michael Sittig * General Counsel Harry Morrison, Jr. 134 of 140 Procedures for Submitting Resolutions Florida League of Cities' 87th Annual Conference World Center Marriott Orlando, Florida August 15 -17, 2013 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 10, 2013, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two- thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two- thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy councils and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Action Agenda will be adopted. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. 135 of 140 87th Annual Conference Florida League of Cities, Inc. August 15 -17, 2013 Orlando, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Voting delegate forms must be received by the League no later than August 12, 2013. Designation of Voting Delegate Name of Voting Delegate: Title: Municipality of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302 -1757 Or Fax to Gail Dennard at (850) 222 -3806 136 of 140 Important Dates May 24, 2013 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 22 Appointment of Resolutions Committee Members July 10 Deadline for Submitting Resolutions to the League office August 15 League Legislative Policy Committee Meetings Resolutions Committee Meeting Voting Delegates Registration August 17 Immediately Following Breakfast — Pick Up Voting Delegate Credentials Followed by Annual Business Session 137 of 140 MY OF HOME OF F'EUC.AN t5WID City of Sebastian 3225 Main Street Sebastian, Florida 32358 Subject: November 5, 2013 Election Agenda No: _'7 Information City Clerk: —� A ro d for Submittal by: J. City Attorney; - A KAl ,hh6r, City Manager 1 Exhibits: 2013 Election Schedule Date Submitted: 0119113 For Agenda of: 6120113 Due to approval of Charter amendments at the November 2011 General Election, the City is no longer required to call the annual general election by resolution, since it is a given by Charter that an annual election takes place in the City of Sebastian on the first Tuesday following the first Monday in November. I thought it appropriate to provide a brief update on the upcoming November 5, 2013 General Election which will be conducted to fill three City Council seats. In accordance with FS, I will be advertising the elections in July and August in legal notices. Official Candidate_ _Qualifying Period: Thursday, August 22, 2013 through Friday, September 6, 2013 (August 23rd is a furlough day and September 2nd is the Labor Day ,holiday, therefore City Hall will he closed). Candidates can pre - qualify at any time. See handbook for more information on pre- qualifying- Candidate Handbook: Available in the Sebastian City Clerk's Office M -F Sam to 4:30 pm. Information can also be obtained on the City of Sebastian website www.cityofsebastian.org then link to Departments and Divisions —City Clerk — Election Information -2013 Candidate Handbook or link directly to h ttp :JJwww. cityofseb a sti a n. o rgli m act e s /stories /P D F s/C C ag e n d a113 E I e ct i o n12013 � C ity of Sebastian Candidate_Handbook.pdf or call 338 -8214. Individuals considering running for office are encouraged to come in and visit the City Clerk for further information. The City election schedule is attached. Posting of Political Signs: Political signs are regulated by the Land Development Cade and can be posted no earlier than 75 days prier to the election (far the November election this is August 22, 2013) 138 of 140 SOE /City Agreement for Administering Election: The voting process is administered by the IRC Supervisor of Elections and the City Council approved an interlocal agreement with her office in January 2013, and because we are in an odd year election, the cost is $ 2.00 per Sebastian registered voter. Canvassing: In accordance with our Charter, because this is an odd year and there is no scheduled County election, the City of Sebastian Canvassing Board (City Clerk [Chair] and City Attorney by Charter and City Manager by appointment of Chair) will certify our election results. Newly elected Council members are sworn in just prior to the first regular City Council meeting following certification of results. Barring any holdups with results, this should take place on November 13, 2013. Voting precincts: Sebastian's precincts are as follows: Precinct 7 Sebastian Catholic Church, Precinct 8 American Legion Hall Post 1989, Precinct 9 Sebastian Elks Lodge, Precinct 10 Sebastian Christian Church Day Drive. Locations are set by the Supervisor of Elections and are subject to change. Early Voting: The SOE is required by Florida Statutes to conduct early voting in even years for County, State and Federal elections, but not in odd years when there is nothing on the County ballot, therefore there will be no early voting for this election, unless the City Council decides it wants to opt in to early voting and bear the cost. Voter registration and voting questions: Please contact IRC SOE Leslie Swan at 226 -3440 or www.voteindianriver.com. 2 139 of 140 2013 ELECTION CALENDAR April 10, 2013 Q1 Quarterly report due for anyone who pre - qualified prior to March 31, 2013 (reporting period 111113 through 3131113) July 10, 2013 Q2 Quarterly report due for anyone who pre - qualified prior to June 30, 2013 (reporting period 4/1/13 through 6/30/13) July 26, 2013 1st General Election Advertisement (FS 100.021) August 9, 2013 2nd General Election Advertisement (FS 100.021) August 22, 2013 1st Day to Officially Qualify For Office (Ch 4.02) - 1st Day Political Signs can be posted in accordance with LDC — (75 days prior) September 6, 2013 Last Day to Officially Qualify For Office (Charter 4.02) September 20, 2013 46th day G1 Campaign Treasurer's Report Due by 5 pm (reporting period from 151 day of qualifying through 9113113 — if you pre - qualified before the end of June this reporting period starts on July 1" — if you pre - qualified after July 151 and before the start of the regular qualifying period, your reporting period starts on the day you pre - qualified - because this is a City furlough day, reports can either be mailed with mailing receipt and postmarked on or before midnight of 9120113 or hand delivered on or before Thursday, September 19th) October 4, 2013 32nd day G2 campaign Treasurer's Report Due by 5 pm (FS 106.07) (reporting period 9113113 through 9127113) October 18, 2013 18th day G3 Campaign Treasurer's Report Due by 5 pm (FS 106.07) —(reporting period 9128113 through 10/11113) October 31, 2013 End of G4 Reporting Period — No contributions to be taken after midnight November 1, 2013 4th Day G4 Campaign Treasurer's Report Due by 5 pm (FS 106.07) — reporting period 10112113 through 10131113 — contributions to be taken only up to midnight on 10131113 — FS 106.08) November 5, 2013 ELECTION DAY (Charter 2.03) November 13, 2013 Regular City Council Meeting — Swearing in of Newly Elected Officials if Results Have Been Certified by City Canvassing Board February 3, 2014 Surplus Funds Must Have Been Disposed /Final Report TR Due (FS 106.141) 3 140 of 140