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HomeMy WebLinkAbout07102013 Agenda PacketQTY OF S ETIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 10, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda CALL TO ORDER 2. INVOCATION — Deacon John Dunlop, St. Sebastian Catholic Church 3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Wright 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 13.076 A. Certificate of Appreciation to Eric Spokas — Natural Resources Board 13.102 B. Proclamation — Treasure Coast Waterway Cleanup Week — July 21- 27, 2013 - 6 Accepted by Steve Haigis, former MIATC President 13.103 C. Proclamation — Marine Cleanup Initiative, Inc. — Designating July 2013 as Marine 7 Debris Removal Month — Accepted by Captain Don Voss D. Brief Announcements 1 of 126 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. 8 -12 A. Approval of Minutes — June 26, 2013 Regular Meeting 13.104 B. Resolution No. R -13 -15 — Pilots' Paradise USA — 1St Amendment to Airport Lease 13 -34 (Community Development Director Transmittal, R- 13 -15, 1St Amendment to Lease, Original Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND PILOTS' PARADISE, INC USA; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 13.105 C. Resolution No. R -13 -16 - National Apperture, Inc. Lease at Airport Administration 35 -58 Building (Community Development Director Transmittal, R- 13 -16, Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND NATIONAL APERTURE, INC.; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 13.106 D. Approve Annual Fuel Contract with Glover Oil Company Based on Piggyback 59 -64 Pricing from Port St. Lucie Bid — July 10, 2013 through June 30, 2014 (PW Transmittal, Email Letter of Agreement) 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 65 -72 (City Clerk Transmittal, Application, Ad, List) i. Interview, Unless Waived and Submit Nominations for the Vacant Regular Member Position with a Term to Expire July 2016 B. Parks and Recreation Advisory Committee i. Update Report (No Backup) 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 11. PUBLIC INPUT 2 of 126 12. NEW BUSINESS 13.010 A. Recommendation to Set Maximum Millage at 3.7166 Mills and Authorize City 73 -80 Manager to Execute Forms DR -420, DR- 420MM -P, and DR- 420TIF (Administrative Services Transmittal, Forms) 13.107 B. First Reading of Ordinance No. 0 -13 -04 - Annexation — 11465 Old Dixie — 81 -99 Schedule Second Reading and Public Hearing for August 14, 2013 (Community Development Transmittal, 0- 13 -04, Letter of Request, Staff Report, FS 171.044 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY AND LYING WEST OF THE F.E.C. RAILROAD; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 13.107 C. First Reading of Ordinance No. 0 -13 -05 — Small Scale Comprehensive Land Use 100 -114 Plan Amendment Land Use — 11465 Old Dixie — Schedule Second Reading and Public Hearing for August 14, 2013 (Community Development Transmittal, 0 -13- 05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF INDUSTRIAL (IND) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF LOW- DENSITY RESIDENTIAL, UP TO 6 UNITS PER ACRE (L -2) FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY AND LYING WEST OF THE F.E.C. RAILROAD; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 13.107 D. First Reading of Ordinance No. 0 -13 -06 - Rezoning — 11465 Old Dixie — 115 -126 Schedule Second Reading and Public Hearing for August 14, 2013 (Communi Development Transmittal, 0- 13 -06, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF INDUSTRIAL (IN) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTI - FAMILY, UP TO 6 UNITS PER ACRE (RM -6) FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY AND LYING WEST OF THE F.E.C. RAILROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Coy B. Council Member Hill C. Mayor McPartlan D. Vice Mayor Wright E. Council Member Adams 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) 3 of 126 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 Dates: 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 — 1" 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 4 of 126 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. 5 of 126 CM OF SEBASnNJN HOME OF PELICAN ISLAND PROCLAMATION Treasure Coast Waterway Cleanup Week July 21" — 27th, 2013 WHEREAS, on Saturday, July 27, 2013, the Marine Industries Association of the Treasure Coast in conjunction with the Florida Inland Navigation District will conduct the 6 1 Annual Treasure Coast Waterway Cleanup; and WHEREAS, this event will attract over 1,000 volunteers who will participate in cleaning up the waterways of Indian River, Martin, and St. Lucie Counties; and WHEREAS, 21 designated sites throughout the three counties will serve as registration and disposal sites for the volunteers to work out of; and WHEREAS, in 2012, over 7.6 tons of trash was collected from approximately 126 miles of waterways; with an expectation of a significantly larger amount to be collected this year with an increased volunteer effort. NOW, THEREFORE, I, Don Wright, Vice Mayor of the Sebastian, Florida, do hereby proclaim July 21st to July 27th, 2013 as: "Treasure Coast Waterway Cleanup Week" And encourage all citizens and businesses to participate in activities which will assist in the elimination of the accumulation of harmful debris in our waterways through the best practices of disposal. Vice Mayor Don Wright City of Sebastian envcF HOME OF PELICAN ISLAND P R'��LA�MATJO JULY 2013 - MARINE DEBRIS REMOVAL MONTH WHEREAS, Marine Cleanup Initiative Inc, the Operations Director, The Board of Directors, The Advisory Board, and the hundreds of volunteer divers and boat captains have operated for 13 years to remove marine debris such as: Monofilament fishing line, casting nets, cargo nets, batteries, anchors, chain, rope, bottles cans, and fishing gear from our Indian River Lagoon Estuary, Indian River County and Sebastian inlet; and WHEREAS, these efforts are accomplished by divers using their own time, their own equipment and risking their own dives to provide this needed public service to protect our most important natural resource and save thousands of birds, fish, turtles and other aquatic life from certain death through the elimination of all debris including Ghost Fishing items such as abandoned traps and nets; and WHEREAS, Marine Cleanup Initiative Inc. has spoken to thousands of school children, set -up displays at hundreds of venues, and spent countless hours informing and elevating awareness of the ,public for the proper disposal of these issues of awareness using a unique and entertaining style while serving as a positive focal point for all; and WHEREAS, Marine Cleanup Initiative Inc has continued to expand operations to include spoil islands and tributaries while engaging citizens throughout the area to participate; and WHEREAS, This December, Marine Cleanup Initiative Inc and its' volunteers will have removed the 400, 0001h pound of marine debris from our waterways, and WHEREAS, Marine Cleanup Initiative Inc provides these selfless acts while receiving little fanfare, media coverage or taxpayer support, NOW, THEREFORE, I, Don Wright, Vice Mayor of Sebastian, and on behalf of the Sebastian City Council, do hereby proclaim the month of July 2013 as "MARINE DEBRIS REMOVAL MONTH "; and encourage all citizens and businesses to participate in activities which will assist in the elimination of the accumulation of hazardous debris in our waterways through best practices of disposal. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 10t" day of July, 2013. Vice Mayor Don Wright City of Sebastian 7of126 ❑rrOF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 26, 2013 - 6:30 P.M. CITY {COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. invocation was given by Pastor Clifton Cooley, Calvary Baptist Church. 3. The Pledge of Allegiance was led by Council Member Jim Hill- 4. ROLL CALL City Council Present: Mayor Bob McPaillan Vice -Mayor Don Wright Council Member Jerome Adam: Council Member Andrea Coy Council Member Jim Hill City Staff Present. City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Debra Krueger Community Development Director, Joe Griffin Finance Director, Ken Killgore Deputy Police Chief, Greg Witt MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS None. 6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclarnations, certificates and awards. and brief tirnely announcements by Council and Staff No public input or- action tinder this heading- Brief Announcements Mr. Hill announced the 4'" of July festivities, 5K run, parade, and all day events including Mayor McPartlan in the dunk tank from noon to 2 pm and ending with fireworks- He said it is the greatest day in Sebastian. The City Manager confirmed for Ms- Coy that staff is working to make the American flag skydive 'happen at the beginning of the parade. 8 of 126 Regular City Council Meeting June 26, 2013 Page Two 7. CONSENT AGENDA A. Approval of Minutes — June 12, 2013 Regular Meeting 13.099 B. Approve 5K Run and Road Closures for Runners Depot Fundraiser to Benefit Sebastian Charter Junior High School on March 8, 2014 — Staff to Notify Businesses (Parks Transmittal, Application) MOTION by Ms. Coy and SECOND by Mr. Wright to approve the consent agenda. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed: 5 -0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 13.076 A. Natural Resources Board 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) The City Clerk said Ann Lucier and Gil Giordan had reapplied for their positions, but Mr. Spokas had not and there were no other applicants for the three positions. Mr. Hill moved to appoint Ms. Lucier and Mr. Giordan and Mr. Wright seconded, though no vote was necessary, and it was the consensus of Council to reappoint both members. 9. PUBLIC HEARINGS 13.100 A. Resolution No. R -13 -11 - Vacating Portion of Public Right -Of -Way of Madison 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 10T" STREET (MADISION STREET); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -13 -11 by title. The Community Development Director reviewed the request for vacation of the remaining portion of Madison Street, noting there were no adverse impacts of the vacation and no foreseeable use of the right -of -way by the City. MOTION by Mr. Hill and SECOND by Mr. Wright to approve Resolution No. R- 13 -11. Mr. Adams inquired as to the benefit to the City, and the Community Development Director answered commercial development, and stated they will provide a cross easement for vehicle ingress and egress. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed: 5 -0 2 9 of 126 Regular City Council Meeting June 26, 2013 Page Three 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT - None 12. NEW BUSINESS 13.045 A. Parks and Recreation Committee Greenways — Authorize City Manager to 55 -60 Execute Greenway Concept Within Budget Parameters (Parks Transmittal, Letter Price Quote, Map) The City Manager reviewed the Parks and Recreation proposal to install greenway signs in areas throughout the City as depicted on the map on page 59. He sought Council consensus for staff to work with Parks and Recreation to tweak the map, put a professional touch on it, and design the kiosks in a similar style as depicted in a photo in the backup in a wood vernacular same as other signs around the City. The cost estimate on page 56 was corrected from $7850 to $8350 for the planned 12 signs as noted by Mr. Adams. Mayor McPartlan suggested putting a QR (digital fingerprint) code on the signs for people with smart phones /tablets. Mr. Wright suggested that there be trails created in the Stormwater Park and said this proposal looks good. Mr. Hill said he was excited about this idea and noted there were marked trails in the Stormwater Park of varying lengths. Ms. Coy said this will be a plus for the City when it makes requests to MPO because they are investing in the safety of citizens. It was the consensus of Council to move forward. 13.010 B. Resolution No. R -13 -13 —Accepting Quarterly Financial Report and Adopting- 61-81 Necessary Amendments to FY 2012 -13 Budget (Administrative Services Transmittal, R- 13 -13, Quarterly Financial Report 2 "d 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. The City Attorney read Resolution No. R -13 -13 by title. The City Manager said the Budget Review Advisory Board had reviewed and concurred with the amendment at its June 17th meeting. The Finance Director briefly reviewed the 2nd quarter budget amendment, stating financial standing looks satisfactory and at expected levels, enterprise funds are in fine shape, though Golf Course revenues are dropping, that the General Fund Department spending was at 49.7% at the end of the 2nd quarter, and projections appear to be coming in at budget. Mr. Wright inquired why specific expenses exceed 50% and the City Manager gave a brief explanation on the Golf Course where expenses and revenues exceeded 50% because that was the peak of the season, Local Option Gas Tax is high because of the payout of a completed street paving project, and Discretionary Sales Tax is due to debt payment in the Fall. He said there is a surplus anticipated for FY 13 of $88K which shows a positive trend. The City Clerk noted her department's operating costs are at 57% because her largest expenses, Laserfiche maintenance and election costs, are paid in the first quarter and operating expenditures will equalize through the remainder of the fiscal year. MOTION by Mr. Wright and SECOND by Ms. Coy to approve Resolution No. R- 13 -13. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed: 5 -0 3 10 of 126 Regular City Council Meeting June 2O.2O13 Page Four 13.101 C. Sheltair Aviation - Ground Lessor Estoppel and Agreement Approval Between gAy. Sheltair and SunTrust Bank �Community Development Director Transmittal, Airport Lease, Sheltair Correspondence, Agreement) The Community Development Director briefly explained this is a standard three party estoppel agreement to allow 8he|tairto seek refinancing for their whole airport operation MOTION by Mr. Hill and SECOND by Mr. Wright to approve the Ground Lessor Estoppel and Agreement. The City Attorney confirmed for Ms. Coy that he approved the agreement. Roll Call. Ayes: Coy, Hill, McPartlan, Wright, Adarns Nays-. None Passed: 5-0 13.092 [}� Select FLC. Annual Conference Voting Delegate and Consider Any Resolutions Council Wants to Submit to FLC (Clerk Transmittal, FLC Letter, Dele-gate Form, Resolution Instructions) Ms. Coy nominated Mayor McPart|an and he accepted the delegation. Mr. Wright expressed concern that the sunshine and ethics rules they aS elected officials are required to follow are substantially different than what State Legislators must adhere to and that should be changed, KAm Coy said she vvOu|d amonnd that concern as well as the question of unfunded mandates- The City Clerk noted that resolutions regarding State leQ|S|81iVe i8Su8S VYDU|d be submitted for the Fall FLC Legislative meeting as set Out in FLC rules, and that FLC is seeking commemorative, constitutional and federal issues tocome forward tn this FLC annual meeting- Mr- Hi||concurredandurged Council members to participate on the FLC Legislative Committee to further those ideas Mr Wright said FLC provides Qgood program that assists cities with budgetary issues and if any discussions come up at the conference they should be encouraged to continue, 13. CITY ATTORNEY MATTERS -Nona 14 CITY MANAGER MATTERS -None 15. CITY CLERK MATTERS 13.007 A November Election Report (City Clerk Transmittal w/Election Calendar) The City Clerk gave a brief report on the City of Sebastian Annual Election which will take place on Tueaday. November 5. 2O13 for three city council seats with two year terms, with quo|if '� qualifying and ending un September 6t", though people can pre-qualify at any time. She said candidate handbooks are available in the Clerks office and City vvebshe — City Clerk — Election page. She said there w1,11 be no early voting this year, and that questions can be directed to 388- 8214oremail . 16. CITY COUNCIL MATTERS A. None 4 11of120 Regular City Council Meeting June 26, 2013 Page Five B. Council Member Coy Ms. Coy asked the public to be patient with City staff which has been cut and working with less people making it harder to accomplish things as quickly as they had in the past. C. Council Member Hill Mr. Hill commended the Sebastian River Area Chamber of Commerce for the hard work they do for the City, had received compliments on the Chamber, and gave kudos to Beth Mitchell and her staff. He once again urged people to come out for the 4th of July festivities and thanked the Lions Club, Public Works, Police Department and the City Manager for all they do. D. Mavor McPartlan Mayor McPartlan reported on meetings he had attended with Workforce Solutions and reports that unemployment had dropped to 8.6 %; said the Chamber is doing better and has increased membership; reported on a Senior Needs Assessment Meeting where the FL Rural Legal Services group offers their services to area seniors. He said he suggested that they and Workforce Solutions contact the City Manager to find out if there is available space in the City Hall complex to meet once or twice a month. He also urged everyone to come for the 4th of July. E. Vice Mayor Wright Mr. Wright reported that the Economic Development Council had voted to support the City's resolution to MPO to reduce US 1 speed limit in the City and that there is now a letter from MPO Director Phil Matson to FDOT in support. He also reported he had met with the Indian River Lagoon Estuary group and St. Johns River Water Management District in regard to the a 2013 Work plan which he would provide to the City Manager. He said they may provide funding for a Kilroy which can monitor the waters right in front of the City. He said there is a $500K grant from the federal government directed to the Indian River Lagoon which went to the Estuary Program for lagoon research, and there are a lot of good things happening to evaluate the issues affecting the condition of the lagoon. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 7:21 pm. Approved at the July 10, 2013 Regular Council Meeting. By: Bob McPartlan, Mayor Attest: Sally A. Maio, MMC, City Clerk 5 12 of 126 9EWAS, MUNICIPAL AIRPORT AGENDA TRANSMITTAL Ci of Sebastian, Florida Subject: Pilots' Paradise USA Agenda No. 71 ..,� ` CCU V Amendment; Airport Lease Agreement Department Origin: Communit elo ent Airport Director: J. Griffin Finance Director: K. Killgo e Approved for Submittal by: Admin. Services: D. Krue er Al Minner, City Manager City Clerk: S. Maid City Attorney: R. A. Ginsburg ,- Date Submitted: 3 July 2013 For Agenda of: 10 July 2013 Exhibits: 1. Airport Lease Agreement; 2. 1'' Amendment; 3. R -13 -15 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- REQUIRED -+0- SUMMARY On 23 February 2011. Council approved R- 11 -04. That Resolution authorized Mr. Oliver Fisher, the principal for a small family -owned aviation business, Pilots' Paradise USA (Paradise), to lease two (2) offices in the Airport Administration Building in order to conduct an aircraft rental, advanced flight training, and sightseeing business. The airport lease approved by Council was a month -to -month tenancy for furnished office space that totals 232.5 square feet. National Aperture, Inc. will be leasing the "wing„ that includes the offices rented to Paradise. Adequate notice has been given to Paradise to vacate. Staff and Paradise have agreed to move to an alternate office /room in the Airport Administration Building. RECOMMENDATION Approve Resolution R -13 -15 13 of 126 RESOLUTION: R -13 -15 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND PILOTS' PARADISE USA; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. THIS DOCUMENT CONTAINS TWO (2) PAGES. WHEREAS, the City of Sebastian owns certain real property at the Sebastian Municipal Airport; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the certain property is also available for use for those activities consistent with, or in support of, aviation activity; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant desires to lease the said property from the City/Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: AUTHORIZATION. The City Manager is hereby authorized to execute the 1St Amendment to the lease agreement between the City of Sebastian and Pilots' Paradise USA. TIME. The City Manager is authorized to make adjustments as necessary relating to the lease. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 14 of 126 EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Andrea B. Coy Council Member Jerome Adams Council Member Jim Hill and, upon being put to The Mayor thereupon declared this Resolution duly passed and adopted this 10th day of July 2013. ATTEST: Sally A. Maio, MMC City Clerk Pj CITY OF SEBASTIAN, FLORIDA Bv: Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 15 of 126 FIRST AMENDMENT OF AVIATION LEASE AGREEMENT THIS FIRST AMENDMENT of the AIRPORT AVIATION LEASE AGREEMENT (hereinafter "Lease ") by and between the CITY OF SEBASTIAN (hereinafter "Landlord ") and PILOTS' PARADISE USA (hereinafter "Tenant ") dated 8 April 2011, and provides as follows: WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in Indian River County, Florida; and WHEREAS, the Landlord agreed to lease such property under the terms of the Lease to Tenant; and, WHEREAS, the Tenant wishes to modify said Lease; and, WHEREAS, Landlord and Tenant are mutually agreeable to said modification; NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. Section 4 of the Lease is hereby amended by the addition of the following: 4. RENT (a) Monthly, in advance, at a rate of $50 per month. 2. Schedule "A" of the Lease is hereby amended by addition/deletion of the following: 1. Leased premises shall include one (1), approximately, 6 x 8 space in the lobby of the Airport Administration Building. 3. Utility cost is included in the rent charge. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 10th day of July 2013. ATTEST: Sally Maio, MMC Approved as to Form and Legality for Reliance by the City Of Sebastian only: Robert A Ginsburg, City Attorney CITY OF SEBASTIAN A Municipal Corporation Al Minner, City Manager TENANT Pilots' Paradise USA Oliver Fisher, President 16 of 126 AIRPORT LEASE THIS LEASE, made and entered into this I day of A PP L- 2011 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 Oliver S. Fisher, Principal and President for, Pilots' Paradise USA (hereinafter referred to as "Tenant "). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties ". This document contains seventeen (17) pages, plus Schedule "A." WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the certain property is also available for use for those activities consistent with or in support of aviation activity; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: ._. - - - - -. _ -- _. -- _ _L - - __REECITALS_._ _The Atated- teoitals_ate__baebX tic Qr_porate_d_ -b. red erence_ n this Lease Agreement. 2. . LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, and in accordance with the Principal Guiding Documents for Sebastian Municipal Airport, the Landlord hereby leases to the Tenant and the Tenant hereby rents from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" affixed hereto and made a part hereof by reference 17 of 126 (hereafter referred to as the "leased premises A "). In the event that any portion of the Leased Premises A is needed for actual improvements to the Airport, any portion thereof rendered unusable to Tenant shall be released from this lease and the rental payments adjusted accordingly. Pending approval of the underlying lease by the City Council of the City Of Sebastian, it is understood that Tenant shall have access to leased premises A on February 25, 2011. It is understood that Tenant's start date for rent payments on the leased premises is March 1, 2011. Tenant agrees to `hold harmless' the City Of Sebastian for any /all claims, liability, and damages resulting from activities by Tenant during move - in. 3. TERM OF LEASE. This is a month -to -month tenancy. The Tenant shall have the option to extend the lease for a period of one (1) year with agreement by the City of Sebastian. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) Monthly, in advance, at a rate of $250 per month. The parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. If Tenant extends the lease beyond December 2011, he /they will be subject to CPI adjustments. In January, 2012, the Landlord will compare the most recent price index with the base price index for 2011, and the yearly rent amount shall be increased based upon changes in the price index, if appropriate, on February 1, 2012. Another such adjustment shall be undertaken for February 1, 2013, and every year thereafter until the expiration of the lease. (b) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. 2 18 of 126 (c) Default in rent. If any of said sums of money herein, required to be paid by the Tenant to the Landlord, shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall demand Tenant vacate premises within two (2) days. In addition to the option herein granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above option. (d) Default in provisions. If the Tenant shall default in the performance of any other term of this Lease (except payment of rent), the Landlord, or its agent or employee, shall send to the Tenant a written notice of default, specifying the nature of the default, and the Tenant shall, within thirty (30) days after the date of said notice, cure and remedy said default, whereupon this Lease shall continue as before. If the Tenant shall fail to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder or under law, including, but not limited to, those remedies, procedures and rights specified in the other paragraphs of this Lease. (e) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (f) The above rental for the leased premises shall be payable in advance, in monthly installments, commencing on March 1, 2011. (g) A flat -rate utility payment of $100 /mo is due when rent is due. 5. IMPROVEMENTS TO THE PREMISES. Tenant acknowledges that any improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 6 hereof, and shall have the right to construct improvements upon the leased premises, provided any such improvements do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such improvements are 3 19 of 126 approved, in writing, by the Sebastian City Council prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such improvements. (c) All improvements and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of y the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole ownership m the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to z said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non - fixture personalty owned by the Tenant at the f expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all i such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the leased. premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased 4 20 of 126 premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at Tenant's expense. 6. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. Tenant will abide by the Principal Guiding Documents for Sebastian Municipal Airport. Tenant agrees that the leased premises shall be used by the Tenant for the purpose of the operation of sales, marketing, administration, and flying related to an aircraft rental, advanced flight training, and sightseeing business. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All aeronautical businesses and activities must be certified and licensed by appropriate agencies, including the FAA., in the appropriate categories of their specific operation. s 7. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the leased premises. The Tenant shall keep the leased premises in a good state of maintenance and repair and keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises are kept in an attractive manner at all times. Upon-obtaining the prior written consent of the Landlord, which consent may be withheld for any, reason, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The E 21 of 126 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. 8. UTILITIES. The Tenant shall be charged a flat -rate utility charge of $100 per month. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 9. SIGNS. The Tenant shall not have the right to erect and maintain signage. 10. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 11. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive public liability insurance coverage with respect to the contents of the leased premises. The insurance coverage to be maintained by the Tenant shall contain limits of. (a) Insurance in the full replacement value of all Personal Property, Equipment, and Trade Fixtures on the Leased Premises. (b) Automobile Liability Insurance: (1) Each service provider operating one or more motor vehicles on the City's premises in the performance of their work shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $3.00,000 Combined Single Limit. (2)— Service Providers -having unescorted acres is �th� AO7A--At the ' -- -- Sebastian Municipal Airport shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $1,000,000 Combined Single Limit. (c) Builder's Risk — during any construction on a leased site, the service provider shall furnish Builder's Risk Insurance insuring the contract price, with the City listed as the named insured. Any deductibles under the builder's risk policy shall be the responsibility of the service provider. (d) Workers' Compensation Insurance: as required by Florida Statutes. 6 22 of 126 Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding section during the term of this Lease by resolution of the City Of Sebastian City Council. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph 12 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 12. PROPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance as the Landlord deems necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefore. The Landlord shall have no obligation to keep the leased premises contents insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. All policies described in this Paragraph shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the - - - - -- - - - - -- ----- - - - - -- ------- - - - - -- Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. 7 23 of 126 13. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER CASUALTY. In the event the leased premises are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said premises and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. (a) If the Tenant, under its option, elects not to repair the leased premises, the Landlord shall have two options: (1) To continue to Lease; if the Landlord elects to continue the Lease, the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord; or (2) To cancel the Lease; if the Landlord elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of such damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (b) In the event the Tenant, under its option, elects not to repair and/or replace the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the leased premises. 14. 1NDENUSaRCATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and 8 24 of 126 invitees, including all attorneys fees incurred by the Landlord in defending any such claims. This Paragraph shall survive the termination or cancellation of the Lease. 15. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean -up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant, sub - Tenants, agents, assigns, or users of leased premises or fuel farm. The presence of said substance or materials on the leased premises, or fuel farm, shall raise the presumption that Tenant is the cause of such presence. Section 16 shall survive the termination, or cancellation, of the Lease. 16. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section 7 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 17. LANDING FEES. Landing or any other type of use of runway fees being charged by Tenant are specifically prohibited by this Agreement, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 18. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon 9 25 of 126 mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 19. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 20. DEFAULT BY TENANT. As used in this Lease, the term, "event of default ", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency a proceeding; s (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenants abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or 10 26 of 126 trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other 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 leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof; (i) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; 0) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through 1 above. I I 27 of 126 Upon the happening of any "event of default', the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy such default by paying all rent due. 21. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or 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. 22. NOTICES AND REPORTS. Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 -- 8515 DeHavilland Ct. Vero Beach, FL 32968 Attn: Oliver Fisher 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. 12 28 of 126 23. RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final thirty (30) days of the lease term, or at any time after either parry has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder_ 24. OWNERSHIP OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, any and all trade fixtures, signs and personal property, used by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. In case of breach of this Lease by the Tenant, or the termination of the Lease, or any extension hereunder, that may be granted, the Tenant agrees to immediately surrender possession of said facilities, and all the buildings, edifices, etc. that are constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the Landlord. 25. HEIGHTMAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would 13 29 of 126 interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 26. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non - discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action: Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re -enter and repossess said land and improvements thereon. 14 30 of 126 27. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 28. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 29. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 30. APPLICABLE LAW/VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. 31. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 32. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 33. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, 15 31 of 126 together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord: shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re -entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises r consistent with the Airport Master Plan. The Tenant shall not allow its occupancy or use of the lease premises to constitute or become a public or private nuisance. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 16 32 of 126 A T: t , Sally Maio i'ty Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City ttorney Pilots' Paradise: By: Oliver S. Fisher 17 CTTY OF S BASTIAN A Mu 'ci orporation AWrrher, City Manager 33 of 126 Schedule "A" Lease Agreement between the City Of Sebastian and Pilots' Paradise 1. Leased premises shall include two (2) office spaces in the current airport administration `wing' at the Sebastian Municipal Airport Administration Building, currently known as the Airport Headquarters wing ( "APHQ'). The combined space is approximately 232.5 square feet, more or less. 2. Premises are furnished, as is. Prior to occupancy, the Landlord and Tenant will exchange an inventory of the furnishings that will include the condition of said furnishings. 3. Utility charges shall be $100 per month. 4. Common Area Maintenance (CAM) shall be at no charge to the Tenant. 5. Lobby /reception area shall be considered a common/shared space with other building tenants. 6. Tenant shall have use of the conference room with appropriate notice to the Landlord- 0 -S F 19WXii 34 of 126 (M of SERA��T%N HOME Of PELICAN WAND AC.F -NDA TRANSMITTAL Subject: National Aperture, Inc. Lease Agenda No. 7e- —.15,10 5 at the Airport Administration Building Department Origin: Co elopm ent Director: J. Griffin � -�--- for Ap rov for Submittal by: to, Finance Director: K. K' gore Admin Services Director: D. eger �— City Clerk: S.A. Maio Al Mi nor, City Manager City Attorney: R. A. Ginsburg Date Submitted: 3 July 2013 For Agenda of. 10 July 2013 Exhibits: 1. Lease; 2. R -13 -16 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- REQUIRED:. -0- SUMMARY National Aperture, Inc. (NAI) is a Salem, NE based company engaged in the production, and sales, of optical `aiming' devices. These devices have multiple industrial applications including installation in equipment for the Aviation/Aerospace, Astronomy, Medical, and Robotic industries. On 28 March 2012, Council approved an Option to Lease for the remaining vacant "wing" in the Airport Administration Building in anticipation of NAl's eventual move to the Sebastian Airport. NAI has paid $1,000/month on that option since Marcia 2012, and has paid through September 2013. NAI has come forward with a Five (5} year Lease of the subject "wing." The Lease includes Schedule "A" along with a `highlighted' floorplan of the NAI lease area. Noteworthy considerations regarding the lease include: 1. NAI will be making modifications to the leased premises with the authorization/approval of the Sebastian Building Official. 2. NAI will have access to the leased premises on I 1 July 2013 far construction./modification purposes. 3. NAI's date for full rent payments commence on 1 September 2013, RECOMMENDED ACTION Approve R- 13 -16. 35 of 126 W N RESOLUTION: R -13 -16 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND NATIONAL APERTURE, INC.; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. THIS DOCUMENT CONTAINS TWO (2) PAGES. WHEREAS, the City of Sebastian owns certain real property at the Sebastian Municipal Airport; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the certain property is also available for use for those activities consistent with, or in support of, aviation activity; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant desires to lease the said property from the City/Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: AUTHORIZATION. The City Manager is hereby authorized to execute the lease agreement between the City of Sebastian and National Aperture, Inc. TIME. The City Manager is authorized to make adjustments as necessary relating to the lease. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. 1 36 of 126 The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council Member a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Andrea B. Coy Council Member Jerome Adams Council Member Jim Hill and, upon being put to The Mayor thereupon declared this Resolution duly passed and adopted this 10ffi day of July 2013. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Bv: Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 37 of 126 SEBAST-", MUNICIPAL Al PORT AIRPORT LEASE THIS LEASE, made and entercd into this I Ph day of July, 2013, 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 National Aperture, Inc. (hereinafter referred to as "Tenant "). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties ". This document contains nineteen (19) pages, plus Schedule "A ". WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the certain property is also available for use for those activities consistent with or in support of aviation activity; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with, or in support of, the current aviation use of such property; and Page I of ] 9 38 of 126 WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. RECITALS. The stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, and in accordance with the Principal Guiding Documents for Sebastian Municipal Airport (to include future amendments, changes, and deletions), the Landlord hereby leases to the Tenant and the Tenant hereby rents from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" affixed hereto and made a part hereof by reference (hereafter referred to as the "leased premises A "). In the event that any portion of the Leased Premises A is needed for actual improvements to the Airport, any portion thereof rendered unusable to Tenant shall be released from this lease and the rental payments adjusted accordingly. Pending approval of the underlying lease by the City Council of the City Of Sebastian, it is understood that Tenant shall have access to the leased premises on July 11, 2013 for the purposes of configuration and `move -in' functions. It is understood that Tenant's start date for rent payments on the leased premises is September 1, 2013. Tenant agrees to `hold harmless' the City Of Sebastian for any /all claims, liability, and damages resulting from activities by Tenant. 3. TERM OF LEASE. The term of this Lease shall be for a period of FIVE (5) years commencing September 1, 2013, and will end on the fifth (5t')_ anniversary of such date. The Tenant shall have the option to automatically extend the lease for a period of THREE (3) years with agreement by the City of Sebastian that Tenant is in compliance with all Conditions, Covenants, and Restrictions as contained in this Lease. Notice of intent to exercise said option by Tenant must be received by Landlord, in writing, no later than six (6) months prior to the expiration of the underlying lease. As Page 2 of 19 39 of 126 stated in paragraph 2, Tenant shall have authorization to move into the leased space on July 11, 2013, however, any lease charges will begin to run on September 1, 2013. Other lease provisions will apply for the period July 11, 2013 through August 30, 2013 including provisions for utility charges and hold harmless provisions. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) For the leased premises "A ": approximately 2300 sq ft @ $8.50 /year. Total: $19,550 per year payable in quarterly installments on September 1, December 1, March 1, and June 1 of every year the Lease shall be in effect. The parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In January, 2014, the Landlord will compare the most recent price index with the base price index for 2013, and the yearly rent amount shall be adjusted based upon changes in the price index, if appropriate, on September 1, 2014. Another such adjustment shall be undertaken for September 1, 2015, and every year thereafter until the expiration date of the lease, including the option period if applicable. In no event, however, shall the yearly rent decrease below the sum of $19,550. (b) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. (c) Default in rent. If any of said sums of money herein, required to be paid by the Tenant to the Landlord, shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: Page 3 of 19 40 of 126 (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agent(s), and transmitted to the Tenant notifying him of the intention of the Landlord to declare all unmatured rent installments presently due and payable. (2) Partial acceleration. In lieu of the option in sub - paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the option herein granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above options. (d) Default in provisions. If the Tenant shall default in the performance of any other term of this Lease (except the payment of rent), the Landlord, or its agent or employee, shall send to the Tenant a written notice of default, specifying the nature of the default, and the Tenant shall, within thirty (30) days after the date of said notice, cure and remedy said default, whereupon this Lease shall continue as before. If the Tenant shall fail to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder or under law, including, but not limited to, those remedies, procedures and rights specified in the other paragraphs of this Lease. Notwithstanding the above provisions, Tenant shall have one (1) fifteen (15) day period per year to Page 4 of 19 41 of 126 cure any payment defaults after Tenant has received non - payment notice from Landlord. (e) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (f) The above rental for the leased premises shall be payable in advance, in quarterly installments, commencing on September, 2013. Rental payments for leased premises as described in Section 3 will then be due on a like day of every quarter (December 1, March 1, June 1) thereafter during the term of this Lease. 5. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the primary purpose of the operation of Tenant's manufacturing business. In order to utilize the leased premises for this purpose, it may be necessary to use improvements previously constructed upon the leased premises. Tenant acknowledges that these improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 6 hereof, and shall have the right to construct improvements upon the leased premises, provided any such improvements do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such improvements are approved, in writing, by the City of Sebastian prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). The Landlord agrees that any approval for said improvements will not be unreasonably withheld by the City of Sebastian. Page 5 of 19 42 of 126 (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such improvements. (c) All improvements and fixtures of every kind now or hereafter erected or placed on the leased premises, excluding Tenant's trade fixtures that can be removed without damage to the premises, shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind: A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non - fixture personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at Tenant's expense. 6. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will Page 6 of 19 43 of 126 observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. Tenant will abide by the Principal Guiding Documents for Sebastian Municipal Airport (to include future amendments, changes, and deletions). Tenant agrees that the leased premises shall be used by the Tenant for the purpose of the operation of Aperture Manufacturing and any reasonably related business. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All aeronautical businesses and activities must be certified and licensed by appropriate agencies, including the FAA, in the appropriate categories of their specific operation. 7. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the interior of the leased premises or any improvements located therein or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the interior of the leased premises. The Tenant shall keep the leased premises in a good state of maintenance and repair and keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises are kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 8. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, phone, TV, internet, or any other utility or service consumed in Page 7 of 19 44 of 126 connection with the leased premises. Relating to leased premises `A', utility charges shall be assessed to Tenant by Landlord on a prorated basis according to the Tenant square foot usage. It is understood that the Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 9. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 10. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 11. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive public liability insurance coverage with respect to the contents of the leased premises. Landlord shall insure the buildings occupied by Tenant. The insurance coverage to be maintained by the Tenant shall contain limits of- (a) Bodily Injury and Property Damage - $1,000,000 Combined Single Limits (b) Products and Completed Operations Liability (if applicable) — $1,000,000 Combined Single Limit. (c) Aircraft Liability — $1,000,000 Bodily Injury and Property Damage Combined Single Limit. (d) Insurance in the full replacement value of all Personal Property, Equipment, and Trade Fixtures on the Leased Premises. (e) Ground and Hangar Keeper's Liability (if applicable) — adequate coverage for any single aircraft in storage or care and a limit covering the total value of those aircraft but not less than $100,000 for damage to any one (1) aircraft and $500,000 per each occurrence. (f) Chemical Liability Insurance (if applicable) — minimum of $400,000 Combined Single Limit. Page 8of19 45 of 126 (g) For aircraft Fueling Operations (if applicable)— a Comprehensive Aircraft Liability policy indicating that the coverage includes owner's fueling/defueling operations with fueling equipment owned and/or operated by the Tenant. The minimum shall be $1,000,000 Combined Single Limit for Bodily Injury and Property Damage. (h) Automobile Liability Insurance: (1) Each service provider operating one or more motor vehicles on the City's premises in the performance of their work shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $300,000 Combined Single Limit. (2) Service Providers having unescorted access to the AOA at the Sebastian Municipal Airport shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $1,000,000 Combined Single Limit. (a) Builder's Risk (if applicable) during any construction on a leased site, the service provider shall furnish Builder's Risk Insurance insuring the contract price, with the City listed as the named insured. Any deductibles under the builder's risk policy shall be the responsibility of the service provider. (b) Workers' Compensation Insurance: as required by Florida Statutes. Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding section during the term of this Lease by addendum or change in the Principal Guiding Documents for Sebastian Municipal Airport (to include future amendments, changes, and deletions). Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this paragraph/section shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 12. PROPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance as the Landlord deems necessary and appropriate and in accordance with the provisions in Section 11. Upon Page 9 of 19 46 of 126 request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefore. The Landlord shall have no obligation to keep the leased premises contents insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. All policies described in this Paragraph shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. 13. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER CASUALTY. In the event the leased premises are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said premises and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the leased premises, if any, is unusable. In the event the Tenant elects to repair and/or replace the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. (a) If the Tenant, under its option, elects not to repair the leased premises, the Landlord shall have two options: (1) To continue to Lease; if the Landlord elects to continue the Lease, the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord; or Page 10 of 19 47 of 126 (2) To cancel the Lease; if the Landlord elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of such damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (b) In the event the Tenant, under its option, elects not to repair and/or replace the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the leased premises. 14. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph shall survive the termination or cancellation of the Lease. 15. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant, sub - Tenants, agents, assigns, or users of leased premises or fuel farm. The presence of said substance or materials on the leased premises, or fuel farm, shall raise the presumption that Tenant is the cause of such presence. Section 15 shall survive the termination, or cancellation, of the Lease. 16. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is materially precluded or prevented from using the leased premises for those primary purposes identified in Section 6 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises including the Principal Guiding Documents referenced in Paragraph 2 and such Page 11 of 19 48 of 126 prohibition shall continue for a period in excess of thirty (30) consecutive days, the Landlord shall allow the Tenant to terminate this Lease. Tenant shall provide Landlord with a thirty (30) day Notice of its intent to so terminate with specific grounds on which Tenant asserts it has the right to terminate. Any Tenant prepaid rents shall be abated to the Tenant. 17. AIRPORT USE FEES. Landing, tie down, or any other type of use of airport fees being charged by Tenant are specifically prohibited by this Agreement as the use of the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 18. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. Any Tenant prepaid rents shall be abated to the Tenant. 19. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 20. DEFAULT BY TENANT. As used in this Lease, the term, "event of default ", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease post expiration of the applicable period to cure; Page 12 of 19 49 of 126 (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenants abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as Page 13 of 19 50 of 126 well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof; (i) The liquidation, termination, death or dissolution of the Tenant; 0) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through 1 above. Upon the happening of any "event of default ", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days, from the date notice is sent by the Landlord, within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days, from the date notice is sent by the Landlord, within which to remedy such default by paying all rent due. 21. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. 22. NOTICES AND REPORTS. Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made Page 14 of 19 51 of 126 in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Tenant: George Mauro National Aperture, Inc. 208 Airport Drive East Sebastian, FL 32958 Copy: John F. Griffin, Jr. Esq. 109 Ponemah Road, 45 Amherst, NH 03031 jgriffin@grifflaw.com provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 23. RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. Page 15 of 19 52 of 126 24. OWNERSHIP OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, any and all trade fixtures, signs and personal property, used by the Tenant in the operation of its business, on the leased premises shall remain the Tenant's sole property and the Tenant shall have the right to remove the same provided any damages in removal are repaired by the Tenant at Tenant's sole cost. In case of breach of this Lease by the Tenant, or the termination of the Lease, or any extension hereunder, that may be granted, the Tenant agrees to immediately surrender possession of said facilities, and all the buildings, edifices, etc. that are constructed by or on behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the Landlord. 25. HEIGHTIHAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 26. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be Page 16 of 19 53 of 126 excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non - discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re -enter and repossess said land and improvements thereon. 27. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 28. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord, which shall 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. Page 17 of 19 54 of 126 29. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 30. APPLICABLE LAWNENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. 31. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorney fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 32. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 33. MISCELLANEOUS. All delinquent payments to the Landlord shall bear interest at the rate of 5% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. The Tenant shall not allow its occupancy or use of the lease premises to constitute or become a public or private nuisance. 34. CONTENGENCIES. The provisions in this lease are contingent on the Landlord providing the installation of Hi -Speed internet to service the airport administration building. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Page 18 of 19 55 of 126 ATTEST: Sally Maio, City Clerk (seal) Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney National Aperture, Inc. By. eorge Maur d, President " Corporate Office: 16 Northwestern Drive SALEM, NH 03079 -4810 CITY OF SEBASTIAN A Municipal Corporation In Al Minner, City Manager Corporate Seal: Page 19 of 19 56 of 126 Schedule "A" Lease Agreement between the City Of Sebastian and National Aperture, Inc. Julr // 002 1. Leased premises shall include a 'wing' at the Sebastian Municipal Airport Administration Building currently known as the "Engineering Wing." This space is approximately 2300 square feet, more or less. 2. Premises are furnished. 3. Utility charges shall be prorated according to square foot usage. 4. Common Area Maintenance (CAM) shall be at no charge to the Tenant. 5. Lobby /reception area shall be considered a common/shared space with other building tenants. 6. Tenant shall have use of a locked Conference Room/Library adjacent to the lobby of the administration building with appropriate notice to the Landlord. 7. Tenant shall have use of conference facilities in the "Emergency Operations Center" (EO C) Wing of the Airport Administration Building with appropriate notice to the Landlord. '4ls SP c- :Q / /vim Its � / s OAS fJrP/1� in I ,q v e o PCB 9." 4 *-> (, 1 ^f 57 of 126 osarrwa I ie�mre � I I Y A= 'ASI�`iS' g i3 s ? 0 85i S? I Imo! Q I ��I V H asI 'YZ / __.- _.- -_..—_�_— I r FL09 3 PLAN EAU �fFY+t -i_ °ue An1 � A 1 � i • A CITY OF SEBASTIAN AGENDA TRANSMTfTAL Subject: Annual Fuel Contract Agenda No. _7b - 13. 10 � Approve Approvel for Submittal by: Department Origin._) ublic Works Department Head`: - -. - a % Finance Director: - /' 4, City Attorney: A[ 11i ner City Clerk: r Date Submitted: July 1, 2013 For Agenda of: July 10, 2013 Exhibits: E -Mail Letter of agreement to continue piggyback prices from the City of Port St Lucie EXPENDITURE AMOUNT APPROPRIATiON FUNDING SOURCE: REQUIRED: $363,000 BUDGETED: REQUIRED: General Fund all Depts SUMMARY The annual fuel contract for regular and diesel fuel is coming up for renewal in July. Glover Oil Company has agreed to allow us to piggyback prices from the City of Port St Lucie for a period from July 01, 2013 thru June 30, 2014. The estimated cost for this year is a total of $235,000 for regular gasoline and $68,000 for diesel. These estimates are based on a cost of gas at $3.28 per gallon which is what we are paying as of 5120113 and 25 % increase estimate for the year for regular gas. The diesel cost was figured the same way but at a cost of $3.58 per gal. RECOMMENDED ACTION Move to approve the annual fuel contract with Glover Oil Company based on piggyback pricing from the City of Pala St Lucie from July 01, 2013 thru June 30, 2014. 59 of 126 Gregory Schmidt From: Ken Marshall [Ken @gloveroil.com] Sent: Thursday, June 20, 2013 1:07 PM To: Gregory Schmidt Cc: Jean Troester; Barbara Royer; Dave Etchells; Tim Marshall; Eric Ferrell Subject: Piggy back agreement Greg, Glover Oil Company Inc. would be pleased to continue our piggyback fuel contract agreement with the City of Sebastian utilizing the recently renewed City of Port St. Lucie fuel contract. Contract # 20130038, Diesel, Gasoline, Heating and Emergency Generator Fuel. Effective Date: 7/1/13. If you have any questions please give me a call. Thanks, Ken Ken Marshall Vice President Glover Oil Company, Inc. ken@ loveroiLcom Ph# 321 - 723 -3953 Fx# 321 - 727 -2309 6/20/2013 60 of 126 Diesel, Gasoline, Heating and Emergency Generator Fuel CITY OF PORT SAINT LUCIE 20130038 This CONTRACT, executed this �_ day of -<� , 2013, by and between the CITY OF PORT ST. LUCIE, FLORIDA, a municipal corporation, duly organized under the laws of the State of Florida, hereinafter called "City" party of the first part, and GLOVER OIL COMPANY, INC., a Florida Profit Corporation whose Principal Address is 3109 South Main Street, Melbourne, FL 32901, hereinafter called "Contractor ", party of the second part. RECITALS All notices or other communications hereunder shall be in writing and shall be deemed duly given if sent by certified mail with return receipt request, email (with proof of confirmation) and addressed as follows unless written notice of a change of address is given pursuant to the provisions of this Contract. Contractor: Ken Marshall, VP P.O. Box 790 Melbourne, FL 32902 Telephone No. (321) 723 -3953 Fax No. (3 21) 727 -2309 Email: ken @gloveroil.cotn City Contract Administrator: Office of Management & Budget Att: Helen Quintana City of Port St. Lucie 121 SW Port St. Lucie, Blvd. Port St. Lucie, FL. 34984 Telephone: 772 - 871 -5221 Fax: 772 -871 -7337 Email: hguintanaCucityofpsl.com City Contract Supervisor: Finance Department Att: Mike Florio, Manager City of Port St. Lucie 121 S.W. Port St. Lucie, Blvd. Port St. Lucie, FL. 34984 Telephone: 772 -871 -5200 Fax: 772 -871 -5203 Email. mflorio @cith%o$sl.com 201' )0038 Page I of 15 Final Diesel, Gasoline, Heating and Emergency Generator Fuel IN WITNESS WHEREOF, the parties have executed this Contract at Port St. Lucie, Florida, the day and year first above written. By: A CITY OF PORT ST. LUCIE FLORIDA By: Interim i State of: County of. (J- U G- Before me personally appeared: j4f ii "l a f 5 h l ) (please print) Please check one: Personally known Produced Identification: (type of identification) Identification No.: and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that (he /she) executed said instrument for the purposes therein expressed. WITNESS my hand and offici 1 seal, this j day of `i- 12013. n 1 ! J ice. X . ;S r!i..,.i" Notary gnature JEAN! S TROESTER Notary ublic: State of D�? at Large. o, �— _ MY COMMISSION # DD952226 ' w , EXPIRES April 01, 2014 Rte,,• My Commission Expires: �'�' % " � 1 +4n >I1-: ^q- ^i51 FfoddsNotarySerixexom (seal 20130038 Page 11 of 15 Final Diesel, Gasoline, Heating and Emergency Generator Fuel 20130038 "Attachment 6" Glover Oil Price Item No. Commodity Description Unit Price 05 -220- 920 -9000 Premium Unleaded 92.0 1 500 Gallon Minimum Delivery 0.0800 05- 220 - 920 -9200 Premium Unleaded 92.0 2 Transport Delivery 0.0250 05- 220 - 920 -9100 Premium Unleaded 92.0 3 Tankwagon Delivery - No Minimum 0.0800 05- 220 - 920 -7100 Premium Unleaded 89.0 500 Gallon Minimum Delivery 0.0800 05- 220 - 920 -7900 Premium Unleaded 89.0 5 Transport Delivery 0.0250 05- 220 -920 -7600 Premium Unleaded 89.0 g Tankwagon Delivery - No Minimum 0.0800 05 -220- 920 -7000 Premium Unleaded 87.0 7 500 Gallon Minimum Delivery 0.1125 05- 220 - 920 -7800 Premium Unleaded 87.0 g Transport Delivery 0.0375 05- 220 - 920 -7500 Premium Unleaded 87.0 g Tankwagon Delivery - No Minimum 0.1125 05- 120- 260 -1020 10 Diesel #2, Ultra Low Sulfur No Minimum Delivery 0.1125 05- 120- 260 -1030 11 Diesel #2, Ultra Low Sulfur Transport Delivery 0.0399 05- 120- 260 -1000 12 Diesel #2, Ultra Low Sulfur 500 Gallon Minimum 0.1125 05 -120- 270 -0020 13 Diesel #2, Ultra Low Sulfur - Red Dye No Minimum Delivery 0.1125 05- 120 -270 -0030 Diesel #2, Ultra Low Sulfur - Red 14 Dye Transport Delivery 0.0399 20130038 Page 15 of 16 Final 63 -ef, 126 Diesel, Gasoline, Heating and Emergency Generator Fuel 15 05- 120 - 270-0010 Diesel #2, Ultra Low Sulfur - Red Dye 500 Gallon Minimum Delivery 0.1125 16 05- 120 - 250 -0400 Biodiesel B20 1000 Gallon Minimum Delivery 0.1000 17 05- 120 - 250 -0600 Biodiesel B20 Transport Delivery 0.0100 18 05- 120 - 250 -0800 Biodiesel B20 Tankwagon Delivery 0.1000 19 Biodiesel B5 500 Gallon Minimum Delivery 0.1100 20 Biodiesel B5 Transport Delivery 0.0379 [27—B iodiesel B5 ankwagon Delivery 0.1100 Final 64 of 126 i FfGM'E tJ5 ?i1i�J+�ti 151_`., City of Sebastia- Subject- One Vacant Regular Member Agenda No: SA _ 1 ,07(, Position on the Natural Resources Board Department Origin: City Clerk's C r Submittal by: Date Submitted: 7/1/13 W'- — For Agenda of: 7/10113 City Manager City Attorney:4 Exhibits: Application, Ad, List Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Jerry Deredita, Alternate Member, would like to move up to the vacant regular member position. No other applications have been received. RECOMMENDED ACTION nd submit nomination for the vacant regular member position my 1, 2016. 65 of 126 MLT SEBAST HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARDICOMMITTEE NAME: �­-Ro4kb b--RLtt,-,4 HOME ADDRESS- ';73j HOME PHONE: 772-- HOME FAX: E -MAIL: Saicb W__ b,',5i - 2/.2 3 BUSINESS: /%1LN4Nr( /4,w),-)467_s LLCy BUSINESS ADDRESS: Vy A,11` Y 5Y BUSINESS PHONE: BUSINESS FAX: E-MAIL:' ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? YC� HOW L 0 N G? CIJ, DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? /Vii DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? 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 5years - meets next it) 209 9} CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) -CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board -meets quarterly) -PLANNING AND ZONING COMMISSION (permanent board- meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)' -PARKS & RECREATION ADVISORY COMMITTEE (permanent board- meets once a month) NATURAL RESOURCES BOARD (permanent board - meets once a month) -OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment J? OTC 1<, com 66 of 126 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) Tf IL HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? IVY LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMIT-FEE. 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? /Ijc WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED � hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or ornission of information requested in this application is cause for f have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is available if requested. S u me mm L�,�_�_doy or .co��^��� oy . who is personally known to mw, o/ has produced as identi '--�Nlaryv PuIbYi6l' State of FloAda My Comm. Expires Noy 3. 2012 Commission # 0D 835332 Please return to Office of the City Clerk, 583-5330 rev. 7/2007 07of120 Gerald C. Deredita 7311 iGlencove Street Sebastian, FL 32958 772 - 559 -9123 jerc+der @gmall.com To Whom It May Concern: I consider my "in field" experience assisting and educating low - income and elderly members of the community and passion for sustainability and energy efficiency building sciences a strong foundation of qualifications to fill the opening on tine Sebastian Natural Resources Board. My personal spirit of cooperation towards compromise gives me a grasp of what is necessary to interact with people and reach towards a common vision. I would appreciate the opportunity to give back to my community while putting my drive, energy, and experience to work on the very relevant work of the Natural Resources Board. Please contact me if further information is needed. Thank you in advance for your consideration. TECHNICAL INFORMATION: For additional professional profile please 'follow my professional links: http://www.Iinkedin,comlpub/geraId-deredita/23/561/580 https / /honieenergypi-os.lbl.gov /profile /GeraidDeredita www.BPI.org www.amedank.com REBUILDING TOGETHER NORTH CENTRAL. FLORIDA, GAiNESVILLE, FL Community Weatherization Coordinator Maintain overall responsibility for a coalition of agencies that provides energy efficiency services to the community. This includes project management, educational seminars, community relations, and auditor training /scheduling. TOMPKiNS COMMUNITY ACTION, ITHACA, NY Energy Auditor - BPI Certified Building Analyst & BPI Certified Heating Professional Non - profit Community Action Agency - Weatherization Assistance Program — Conduct in home energy audits, develop work scopes and materials list, communicate details to installation crew leaders. Carry out quality inspections. Take part in energy efficiency educational presentations for clients. Conducted educational radio interview to inform community about energy efficiency and the weatherization program. New York State Weatherization Directors Association (NYS DA) Weatherization "Boot Camp" NYSWDA- Heating System, Chimney Fundamentals, Heating System Clean & Tune, Small Horne Auditor courses. Affordable Comfort Inc. (ACI) - Air seating, Thermal Defects, Infrared Analysis basics Numerous trade conferences and courses relevant to production, personnel management, train the trainer, OSHA safety standards, and renewable energy sources_ COMPUTER SKILLS: Microsoft Word, Excel, Access, PowerPoint, !Outlook, Publisher software Targeted Investment Protocol System" (TIPS) — (Energy auditing analytical software used in New York State Weatherization Assistance Program) REM/Rate -- Home Energy Rating Tool AutoCAD- drafting software 68 of 126 Tompkins CoAction are active communry con produce powerful changE October 26, 2011 To whom it may concern; This letter is to attest to the work of Gerald "Jerry" Deredita at Tompkins Community Action in a green building industry. Jerry was employed at TCAction from August 10, 2009 to August 26, 2011 as an energy auditor in our Weatherization program. As an energy auditor, he was responsible for conducting whole house audits in the homes of low - income families and individuals. He interviewed them about their homes performance and energy use habits, used diagnostic equipment to evaluate air leakage in homes and insulation levels, as well as to gauge the safety and efficiency of combustion appiiances. He worsted in dozens of units comprising single family homes, mobile homes and apartment complexes, always representing the agency with the utmost care and respect for the dignity of our customers. Jerry also completed weatherization related trainings and BI's certification while on our staff. In all ways he was an integral part of our green workforce. Sincerely, 3 a', Stacey Murphy I' Energy Services Director -- -- Fig of 19R 701 Spencer Road Ithaca, NY 14850 Phone: 607- 273 -3816 Fax: 607- 273 -32 93 Weiasite: www,tcacrion.r-�;,_,:, June 26, 2013 Contact: Jeanette Williams 388 -8215 PRESS RELEASE NATURAL RESOURCES BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE EXPIRED REGULAR MEMBER POSITION ON THE BOARD WITH A TERM TO EXPIRE 7/2016. BOARD MEMBERS MUST BE CITY RESIDENTS. THIS IS A VOLUNTEER POSITION. 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 FILLED. 70 of 126 Albert Alvarez Reapptd 6/22/2011 Term 492 Quarry Lane expires Sebastian, FL 32958 Apptd 7/29/09 7/1/2014 alalvarez(@- aol.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 M u gwo rt2 u (a) ya h oo. co m 571 -7745 Apptd 9/24/08 Took Cummin 's position Gilbert Gordian Jr. Apptd 11/16/11 Howe's Term 498 Quarry Lane position expires Sebastian, FL 32958 7/1/2016 chooboo1727(cZatt.net Apptd Alt 6/22/2011 581 -2760 Took Schuster's position Ann Lucier Apptd 6/22/2011 Term 425 Toledo Street Took Koemer's position expires Sebastian, FL 32958 7/1/2016 customveils(a)com cast. net 228 -8258 Hank Kriss Apptd 6/22/11 Term 1557 Damask Lane Took Gruden's position expires Sebastian, FL 32958 7/1/2014 hanknfl(aD.gmail.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 Jerry Deredita 731 Glencove Street Apptd 10/10/12 Term Sebastian, FL 32958 Took Schnee's Alt expires jercder(d-)gmail.com position 7/1/2014 559 -9123 Alternate Revised 6.27.13 71 of 126 Richard Eberle Apptd 5/8/13 Term 194 Chello Avenue Took Casselberry's expires Sebastian, FL 32958 Alt position 7/1/2015 deann @brianeberle.com (215) 359 -8016 Alternate Vacant Spokas' position Term expires 7/1/2016 Board Liaison — Dorri Bosworth Revised 6.27.13 72 of 126 C" Of SEBTL HOME M PEUCAN MUM CITY OF SEBASTIAN A'GE'NDA TRANSMITTAL Subject: Certification of proposed millage rate A pro d for Submittal by: City Manager Agenda No. -f 2. A - 010 Depart emt ( Pgm: Administrative Services -° City Attorney: City Clerk: Date Submitted: W212013 e For Agenda of. July 10, 2413 Ex *bits. Form DR -420, Certification of Taxable Value, Recommended Millage Rate of 3.7166 Form DR -420 MM -P, Maximum Millage Levy Preliminary Disclosure Forms DR -420 TIF, District 2A and 213 SUMMARY Pursuant to F.S.200.065 (b), each taxing authority must advise the Property Appraiser of its proposed millage rate, its rolled -back rate, and of the date, time, and place at which a public hearing will be held to consider the proposed millage rate and the tentative budget within thirty -five (35) days of certification of value. This information is used to give taxpayers an initial estimate of their property tares for the coming year on notices that are scheduled to be mailed on or about August 12, 2013. It is recommended that we maintain the same 3.7166 millage as last year. Total taxable values increased slightly this year, going from $820,669,121 to $825,100,342 and providing an increase in revenue of $15,646. Looking at this further, the net increase resulted from $9,435,090 or 1.15% in new construction and other additions, which was offset by a $5,003,869 or .61% reduction of taxable values assessed last year. With construction activity and increases in property values that have been seen since December 3l, 2012, we appear to have reached the bottom and believe we can loop forward to positive growth in the coming years. In addition to the small increase from ad valorem taxes, we are seeing some increases in utility service taxes and believe a 2.0% general growth rate assumption from those revenues is reasonable. We have also seen additional collections from State Revenue Sharing and Communication Service Taxes and feel comfortable with a general growth rate assumption of 3 %. With rather revenues at about the same as last year and expenditures held at about the same total as last year's budget, we currently show a projected increase in fund balance of about $212,210 for FY 2014. Another positive factor is that we anticipate about an $88,000 fund balance increase for FY 2013. At this point, the largest remaining issues to address are the outcome of negotiations of the Collective Bargaining Agreements. Budgeted amounts have already been adjusted for an anticipated increase in the costs of contract mowing, personnel changes in the Management Information System Division and changes to rather expenditure accounts that we felt were necessary. Although we don't yet have the final costs, we expect increases in group insurance premiums will be covered with amounts budgeted or available from unused balances in the employee health care reserve accounts. 73 of 126 Considering these factors, we believe that setting the proposed millage at 3.7166 is a reasonable recommendation. This option was reviewed by the Citizen's Budget Review Committee and they voted in agreement with a proposed rate of 3.7166 and also added a motion to not use accumulated fund balance as a method for balancing the budget. Alternatives for increasing the millage are: Alternatives: Rate Added Funds Explanation Current Millage 3.7166 - Same as last year and assumed in current budget recommendation. Rolled -back (Rolled - forward) Millage 3.7398 $18,185 Millage that generates the same tax roceeds as last year. Majority Vote Millage 6.2385 $1,976,779 Maximum Millage permitted to be adopted by majority vote. The State allows the proposed millage to be reduced between now and final adoption but it may not be increased without notification by first class mail to every taxpayer (at the City's expense). We normally suggest setting the millage higher at this point to allow some flexibility for the City Council as the recommended budget is reviewed and the public hearings are conducted but we feel it is better to show no increase in the millage on the tax notices this year. A special meeting of the City Council is scheduled for Monday, August 191h as a budget workshop. The tentative and final budget hearings are scheduled for another special meeting on Monday, September 16'h and for the regular meeting on Wednesday, September 25th. RECOMMENDED ACTION Staff recommends that the City Council approve a motion to set the proposed millage rate at 3.7166 and authorize the City Manager to execute the Form DR -420, Form DR- 420MM -P and Forms DR- 420TIF. 74 of 126 sJ( ": CERTIFICATION OF TAXABLE VALUE DERAWIMENT OF RE NLIE DR -420 R. 5 /12 Rule 12D- 16.002 Florida Administrative Cade Effective 11/12 Year: 2013 County: Indian River Principal Authority : Municipality Taxing Authority: City of Sebastian SECTION 1: COMPLETED BY PROPERTY APPRAISER 1. Current year taxable value of real property for operating purposes $ 782,709,440 (1) 2. Current year taxable value of personal property for operating purposes $ 41,335,736 (2) 3. Current year taxable value of centrally assessed property for operating purposes $ 1,055,156 (3) 4. Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Lure 3) $ 825,100,342 (4) 5. Current year net new taxable value (Add new construction, additions, rehabilitative improvements increasing assessed value by at least 100%, annexations, and tangible personal property value over 115% of the previous year's value. Subtract deletions.) $ 9,435,090 (5) 6. Current year adjusted taxable value (Line4 minus Line 5) $ 815,665,252 (6) 7. Prior year FINAL gross taxable value from prior year applicable Form DR -403 series $ 820,669,121 (7) 8 Does the taxing authority include tax increment financing areas? If yes, enter number of worksheets (DR- 420TIF) attached. If none, enter 0 YES ®NC] Number 2 (8) 9, Does the taxing authority levy a voted debt service millage or a millage voted for 2 years or less under s. 9(b), Article VII, State Constitution? If yes, enter the number of DR- 420DEBT, Certification of Voted Debt Milloge forms attached. If none, enter 0 YES F/I NO Number (9) Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. SIGN HERE Signature of Property Appraiser : [Yg kIt signed by 1) WNO. CAN: cn =6.M Rohe, u Prnp.rty App,­,, .a =InW. Pi—Ca y,emai,JhlgkxQir�ps nrg, re US 6x18: 2P1y.06,1QQry; 15:68 W'QQ' Date : 7 q June I„�� 7r L� 1 3 J SECTION 11 : COMPLETED BY TAXING AUTHORITY If this portion of the farm is not completed in FULL your taxing authority will be denied TRIM certification and possibly lose its millage levy privilege For the tax year. If any line is not applicable, enter -0 -. 10. Prior year operating millage levy (lf prior year millage was adjusted then use adjusted millage from Form DR -422) 3.7166 per $1,000 (10) 11. Prior year ad valorem proceeds (Line 7 multiplied by Litre 10, divided by 7,000) $ 3,050,099 (1 l ) 12 Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a dedicated increment value (Sum of either Lines 6c or Line Ira for all DR- 420TIF forms) $ 145,437 (12) 13, Adjusted prior year ad valorem proceeds (Line F 1 minus Line 12) $ 2,904,662 (13) 14. Dedicated increment value, if any (Sum ofeither Line 6b or Line 7e for all DR- 420TIF forms) $ 38,975,470 (14) 15. Adjusted current year taxable value (Line 6 minus Line 74) $ 776,689,782 (15) 16. Current year rolled -back rate (Line 13 divided by Line 15, multiplied by 1,000) 3.7398 per $1000 (16) 17. Current year proposed operating millage rate 3.7166 per $1000 (17) 18. Total taxes to be levied at proposed millage rate (Line 77 multiplied by Lind 4, divided by 1,000) $ 3,066,568 (18) Continued on page 2 75 of 126 DR -420 R. 5112 Page 2 Instructions on page 3 76 of 126 County Independent Special District TYPE of principal authority {check one) 19. (19) Q Municipality Water Management District Applicable taxing authority (check one) Principal Authority 'FJ Dependent Special District 20. (20) MSTU ® Water Management District Basin 21. Is miflage levied in more than one county? (check one) ® yes Z No (21) DEPENDENT SPECIAL DISTRICTS AND WISTUs 1(01 STOP HERE - SIGN AND SUBMIT 22 Enter the total adjusted prior year ad valorem proceeds of the principal authority, all dependent special districts, and MSTUs levying a millage. (The sum ofVne 13 from all DR -420 $ 2,904,662 (22) forms) 23• Current year aggregate rolled -back rate (Line 22 divided by Lime 15, multiplied by 1,000) 3.7398 per $1,000 (23) 24. Current year aggregate rolled -back taxes (Line 4 multiplied by Line 23, divided by 1,000) $ 3,085,710 (24) Enter total of all operating ad valorem taxes proposed to be levied by the principal 25, taxing authority, all dependent districts, and MSTUs, it any. (The sum ofLine 18 from all $ 3,066,568 (25) DR -420 forms) 26. Current year proposed aggregate miflage rate (Line 25 divided by Line 4, multiplied 3.7166 per $1,000 (26) by 1,080) 27. Current year proposed rate as a percent change of railed -back rate (Line 26 divided by -0.62% (27) Line 23, minus 1, multiplied by 1 a0) First public Date: Time: Place: budget hearing 09/16/2013 6 :00 p.m. City Council Chambers 1225 Main Street, Sebastian, FL 32958 1 certify the millages and rates are correct to the best of my knowledge. Taxing Authority Certification The millages comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s. 200.081, F.S. I Signature of Chief Administrative Officer : Date G N Title : Contact Name and Contact Title: H City Manager Ken Killgore, Finance Director E Mailing Address: Physical Address: R 1225 Maim Street 1225 Main Street, Sebastian, FL 32958 E City, State, Zip: Phone Number: Fax Number ; Sebastian, FL 32958 772 - 388 -8205 772 - 388 -8249 Instructions on page 3 76 of 126 MAXIMUM MILLAGE LEVY CALCULATION PRELIMINARY DISCLOSURE 01: hEVIALl;; For municipal governments, counties, and special districts DR- 420MM -P R. 5112 Rude 12D- 16.002 Florida Administrative Code Effective 11112 Year: 2013 County: Indian River Principal Authority: Municipality Taxing Authority: City of Sebastian 1. Is your taxing authority a municipality or independent special district that has levied ad valorem taxes for less than 5 years? 0 Yes Z No (1) IF YES, I r STOP HERE. SIGN AND SUBMIT You are not subject to a millage limitation. 2. Current year rolled -back rate from Current Year Form DR -420, Line 16 3.7398 per $1,000 (2) 3. Prior year maximum millage rate with a majority vote from 2012 Form DR- 420MM, Line 13 5.9833 per $1,000 (3) 4. Prior year operating millage rate from Current Year Form DR -4201, Line 10 3.7166 per $1,000 (4) If Line 4 is equal to or glreater than Line 3, skip to Line 11. if less, continue to Line 5. Adjust rolled -back rate based on prior year majority -vote maximum millage rate 5. Prior yearfinal gross taxable value from Current Year Form DR -424, Line 7 $ 820,669,121 (5) 6 Prior year maximum ad valorem proceeds with majority vote (Lure 3 multiplied by Line 5 divided by T,000) $ 4,910,310 (6) 7 Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a dedicated increment value from Current Year Form DR -420 Line 12 $ 145,437 (7) 8. Adjusted prior year ad valorem proceeds with majority vote (Line 6 minus Line 7) $ 4,764,873 (8) 9. Adjusted current year taxable value from Current Year form DR -420 Line 15 $ 776,689,782 (9) 10. Adjusted current year rolled -back rate (Line 8 divided by Line 9, multiplied by 1,000) 6.1348 per $1,000 (10) Calculate maximum millage levy 11. Rolled -back rate to be used for maximum millage levy calculation (Enter Line 10 if adjusted or else enter Line 2) 6 1348 per $1,000 (11) 12. Adjustment for change in per capita Florida personal income (See Line 12 Instructions) 1.0169 (12) 13. Majority vote maximum millage rate allowed (Line 11 inultiplied by One 12) 6.2385 per $1,000 (13) 14. Two- thirds vote maximum millage rate allowed (Multiply Line 73 by 1.10) 6.8624 per $1,000 (14) 15. Current year proposed millage rate 3.7166 per $1,000 (15) 16. Minimum vote required to levy proposed millage: (Check one) (16) a. Majority vote of the governing body: Check here if Line 15 is less than or equal to Line 13. The maximum millage rate is equal r to the majority vote maximum rate. Enter Line 13 on Line 17. ❑ b. Two- thirds vote of governing body: Check here if Line 15 is less than or equal to Line 14, but greater than Line 13. The maximum millage rate is equal to proposed rate. Ether Line 75 on Line 17. c. Unanimous vote of the governing body, or 314 vote if nine members or more: Check here if Line 15 is greater than Line 14. The maximum millage rate is equal to the proposed rate. Ether Line 75 on Line 77. d. Referendurn: The maximum millage rate is equal to the proposed rate. EnterLine 15 on Line 17. 17 The selection on Line 16 allows a maximum millage rate of (Enter rare indicated by choice on Line 76) 6.2385 per $1,000 (17) 18. Current year gross taxable value from Current Year Form DR -420, Line 4 $ 825,100,342 (18) Continued on page 2 77 of 126 Taxiing Authority: DR- 420MM -P City f Sebastian y R. ge 2 Page 2 19. Current year proposed taxes (Line 15 multiplied by Line 18, divided by 7,000) $ 3,066,568 (19) 20 Total taxes levied at the maximum millage rate (Line 17multiplied by Line 18, divided by $ 5,147,388 (20) 1,000) DEPENDENT SPECIAL DISTRICTS AND MSTUS l , STOP HERE. SIGN AND SUBMIT 21 Enter the current year proposed taxes of all dependent special districts & MSTUs levying: $ (21) a millage. (The sum ofaall Lines 19 from each district's Form DR- 420MM -P) 22. Total current year proposed taxes (Line 19 plus Line 21) $ 3,066,568 (22) Total Maximum Taxes 23. Enter the taxes at the maximum millage of all dependent special districts & MSTUs $ {23} levying a millage (The sum ofall Lines 20 from each district's Form DR- 420MM -P) 24. Total taxes at maximum millage rate (Line 20 plus Line 23) $ 5,147,388 (24) Total Maximum Versus Total Taxes Levied 25 Are total current year proposed taxes on Line 22 equal to or less than total taxes at the ® YE5 NO (25) maximum millage rate on Line 24? (Check one) 1 certify the millages and rates are correct to the best of my knowledge. The millages Taxing Authority Certification comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s. S 200.081, F.S. I Signature of Chief Administrative Officer: Date: G N Title: Contact Name and Contact Title: H City Manager Ken Killgore - Finance Director E R Mailing Address: Physical Address: E 1225 Main Street 1225 Main Street City, State, Zip: Phone Number: Fax Number: 5ebastian, FL 32958 772- 388 -8205 772 - 388 -8249 Complete and submit this form DR- 420MM -P, Maximum Milloge Levy Calculation- Preliminary Disclosure, to your property appraiser with the form DR -420, Certification of Taxable Value. Instructions can page 3 78 of 126 J QEI .�A?CrhiC \�T OF REVrl M TAX INCREMENT ADJUSTMENT WORKSHEET DR- 420TIF R. 6110 Rule 12D- 16.002 Florida ,Administrative Code Effective 11112 Year: 2413 County: Indian River Principal Authority : Municipality Taxing Authority City of Sebastian Community Redevelopment Area: Redevelopment District 2A Base Year: 1994 SECTION l.: COMPLETED BY PROPERTY APPRAISER 1. Current year taxable value in the tax increment area $ 72,316,440 (1) 2. Base year taxable value in the tax increment area $ 34,959,870 (2) 3• Current year tax increment value (Line 1 minus Line1) $ 37,356,570 (3) 4. Prior year Final taxable value in the tax increment area $ 72,410,610 (4) 5. Prior year tax increment value (Line4 minus Line 2) $ 37,450,740 (5) SIGN Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. HERE Signature of Property Appraiser : q+o�aN w^.sura+++E +oa. pate : June 17, 2013 SECTION II. COMPLETED BY TAXING AUTHORITY Complete EITHER line 6 or line 7 as applicable. Do NOT complete both. 6. If the amount to be paid to the redevelopment trust fund IS BASED on a specific proportion of the tax increment value: 6a• Enter the proportion on which the payment is based. 95.00 % (6a) 6b. Dedicated increment value (Line 3 multiplied by the percentage on Line So) If value is zero or less than zero, then en ter zero on Line 6b $ 35,488,742 (6b) 6c. Amount of payment to redevelopment trust fund in prioryear $ 132,230 (6c) 7. If the amount to be paid to the redevelopment trust fund IS NOT BASED on a specific proportion of the tax increment value: 7a. Amount of payment to redevelopment trust fund in prior year $ (7a) 7b. Prior year operating millage levy from Form DR -420, Line 10 per $1,000 (7b) 7c Taxes levied on prior year tax increment value (Line 5 multiplied by Line 7b, divided by 7,000) $ (7c) 7d Prior year payment as proportion of taxes levied on increment value (Line 7a divided by Line 7c, multiplied by 100)l % (7d) 7e. Dedicated increment value (Line 3 multiplied by the percentage on Line 7d) If value is zero or less than zero, then en ter zero on Line 7e $ Re) Taxing Authority Certification I I certify the calculations, millages and rates are correct to the best of my knowledge. S I Signature of Chief Administrative Officer: Date: G N Title: City Manager Contact Name and Contact Title: Ken Killgore, Finance Director H E R E Mailing Address: 1225 Main Street Physical Address: 1225 Main Street City, State, Zip: p : Sebastian, FL 32958 Phone Number: 772- 388 -8205 Fax Number: 772 - 388 -8249 79 of 126 i 0E11Aa;,V%I [: }- -d F.VI Nt.I1 TAX INCREMENT ADJUSTMENT WORKSHEET QR- 420TIF R. 6110 Rule 1217- 16.002 Florida Administrative Code Effective 11/12 Year: 2013 County: Indian River Principal Authority : Municipality Taxing Authority City of Sebastian Community Redevelopment Area: Redevelopment District 2B Base Year: 2003 SECTION I : COMPLETED BY PROPERTY APPRAISER 1. Current year taxable value in the tax increment area $ 10,272,350 (1) 2. Base year taxable value in the tax increment area $ 6,602,110 (2) 3. Currentyeartax incrementvalue (Line l minusLlne2) $ 3,670,240 (3) 4. Prior year Final taxable value in the tax increment area $ 10,342,740 (4) 5. Prior year tax increment value (Line 4 minus Line 2) $ 3,740,630 (5) SIGN Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. HERE Signature of Property Appraiser : M..QOrc arvne p+.e.0.wf4:r.o- hroeny nnr�.ir...w- wuln.e.Ca ry. e:vl -,.iv ery =M. a -us [rage >vie La i h i n i'_ x wM Bate tune 17 2013 � SECTION II: COMPLETED BY TAXING AUTHORITY Complete EITHER line 6 or line 7 as applicable. Do NOT complete both. 6. If the amount to be paid to the redevelopment trust fund IS BASED on a specific proportion of the tax increment value: 6a. Enter the proportion on which the payment is based. 95.00 % (6a) 6b. Dedicated increment value (Line 3 multiplied by the percentage on Line 60) If value is zero or less than zero, then enter zero on Line 6b $ 3,486,728 (6b) 6c. ,Amount of payment to redevelopment trust fund in prioryear $ 13,207 (6c) 7. If the amount to be paid to the redevelopment trust fund IS NOT BASED on a specific proportion of the tax increment value: 7a. Amount of payment to redevelopment trust fund in prior year $ (7a) 7b. Prior year operating millage levy from Form DR -420, Line 10 per $1,000 (7b} 7c Taxes levied on prior year tax increment value (Line 5 multiplied by Line 7b, divided by 1,000) $ (7c) 7d. Prior year payment as proportion of taxes levied on increment value (Line 7a divided by Line 7c, multiplied by 100) © (7d) 7e. Dedicated increment value (Line 3 multiplied by the percentage on Line 7d) If value is zero or less than zero, then en ter zero on Line 7e $ (7e) Taxing Authority Certification I I certify the calculations, millages and rates are correct to the best of my knowledge. S I Signature of Chief Administrative Officer: Date: G N Title : City Manager Contact Name and Contact Title: Ken Killgore H E R Mailing Address: 1225 Main Street Physical Address: 1225 Main Street E City, State, Zip: Sebastian, FL 32958 Phone Number: 772- 388 -8205 Fax Number: 772- 388 -8249 80 of 126 CITY Cf SEBASTLAN HOME OF PELICAN ISLAND Subject: First reading of Ordinance 0 -13- Agenda No. 2 15 • 1 04; petition for Voluntary Annexation by Thomas Saam, agent for Timothy Freeman Department Origin: +Commu . Dev opment �� for 2.45 -acre parcel of land located at 11465 Comm Dew Diree - ---- Old Dixie Highway and west of the F.E.C. City Attorney: Railroad City Clerk: for Submittal by: City Manager Date Submitted: July 3, 2013 Iro ' For Agenda of: July 10, 2013 r - - Report, 44F5 Exhibits: Ordinance No. © 13 04, Letter of request, Staff Repo ,Chapter 17 ] .t} EXPENDITURE REQUIRED:. AMOUNT BUDGETED: APPROPRIATION REQUIRED: ]done None None SUMMARY Thomas Saam, agent for Timothy Freeman, has submitted a request for annexation of 2.45 acres of land located at 11465 Old Dixie Highway and west of the F.E.C. Railroad. The applicant has also submitted applications for a land use and zoning designation of Industrial for the subject property. Because the parcel is less than 10 acres, the Department of Comrnututy Affairs is not required to review the requested land use change. At a public hearing held June 20, 2013, the Planning and Zoning Commission recommended approval of the requested land use and zoning changes for the property. Staff` recommends approval of the above referenced annexation, which is consistent with the goals and objectives as outlined within the Comprehensive Plan and Land Development Cade. RECOMMENDED ACTION "Move to pass Ordinance No. 0 -13 -04 on first reading and schedule a second reading and public hearing for August 14.2013." 81 of 126 ORDINANCE NO. 0 -13 -04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY, LYING WEST OF THE F.E.C. RAILROAD; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Thomas Saam, agent for Timothy Freeman, owner of the property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: See attached Exhibit "A" as shown on the map within said Exhibit "A ", containing 2.45 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of 82 of 126 Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill The Mayor thereupon declared this Ordinance duly passed and adopted this day of 52013. CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan 83 of 126 ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 84 of 126 Exhibit "A" Page 1 of 2 LEGAL DESCRIPTION: (PER FIDELITY NATIONAL TITLE COMMITMENT FILE NO.179- 65414) THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING WEST OF OLD DIXIE HIGHWAY. THE SOUTH LINE OF PROPERTY HEREBY CONVEYED IS A LINE EXACTLYMIDWAY BETWEEN THE NORTH LINE AND THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4. SAID LAND LYING, BEING AND SITUATE IN INDIAN RIVER COUNTY. 85 of 126 r N M T It LO w I,- co Im Q T sT^� N M T T 6f} � iNp1�PN R�vr�R pR M r a r 0 J 1 x z a j z U cn g J lu u- LL C w LiJ a U ti Exhibit "A" t Page 2 of 2 m Kt z 86 of 126 CL m C w wi V J ui sn `_ h o�= o� Q E E.4 Q E m Z t N 0 QN C � D O m c 0� U- Z U z w 0 z U 86 of 126 CL m C w wi V J ui sn `_ h o�= o� Q E E.4 Q E m Z t N 0 QN C � D O m c 0� U- Z Date: 15 May 2013 To: City of Sebastian Office of Community Development 1225 Main Street Sebastian, FL 32958 From: Thomas J Saam or Vijay L Saam 2651 Pineapple Ave Melbourne, FL 32935 RE: Annexation of Indian River County Parcel ID 31390700000100000009.0, 11465 Old Dixie Hwy - Being duly authorized by Timothy E Freeman, current owner of 11465 Old Dixie Hwy in Indian River County, FL, we hereby request the City of Sebastian to annex the aforementioned property, zoned for the purposes of industrial land use. Please find attached supporting Letter of Authorization, Land Use Application and Zoning Application. Respectfully, Thomas J Saam 1 .-/v XCkiv\ �-' 2ao"-, Vijay S a r 87 of 126 LETTER OF AUTHORIZATION To whom it may concern: I, Timothy E Freeman, currently own the property at 11465 Old Dixie Hwy, Sebastian, FL 32958, also _known as Indian River County, IL parcel number 31890700000100000009.0 (the "property"). As owner of said property, I hereby authorize Thomas. J Saar or Vijay L Saam to act on my behalf in all manners relating to annexation, land use, .zoning; site plans, and access to the properly for viewing, induding sigrring�of A documents relating to these %natters: Any. and aIlD'acts cried out by 63w" Saantl. pr�Vxjay L Saam .on my behalf shall have the same .effect as acts -of m� ooh:' - • -K_ := .. ,,. : , , . ; This authorization is. valid until my further written notice. Date -- - Sworn.to an � afore nie by / rmo�i hN �r���:±�: �Vho onai]l loaiia'�v inre or .produced As °identi ca "bn, this da3� of 203 Notary's Signature Printed Dame of Notary ,e:. S/ic ri Cominissioit NoAxpiration Seal: 88 of 126 QTY CAF SERA�SWkN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT Staff Report Annexation, Comprehensive Land Use and Zoning Map Amendments 1. Project Name: Thomas Saam, agent for Timothy Freeman Property 2. Requested Action: a. Annexation of property into City limits b. Land Use Amendment From: County L -2 (Residential, 6 units per acre) To: IND (Industrial) c. Zoning Amendment From: County RM -6 (Residential Multi - family, 6 units per acre) To: IN (Industrial) 3. Project Location: a. Address: 11465 Old Dixie Highway b. Legal: See survey attached. C. Indian River County Parcel Number: d. Acreage: 2.45 acres t 4. Project Owner: S. Project Agent: Timothy E. Freeman PO Box 780607 Sebastian, FL 32978 (772) 559 -7589 Thomas J. Saam 2651 Pineapple Avenue 31- 39 -07- 00000 - 1000- 00009.0 1 89 of 126 6. 7. Project Surveyor: Project Description Melbourne, FL 32935 (321) 223 -0493 Fax(321)255 -7591 William A. Mott, PLS William Mott Land Surveying, Inc. 3716 North Wickham Road, Suite 3 Melbourne, FL 32935ue (321) 751 -4444 x203 fax: (321) 751 -4445 a. Narrative of proposed action: Thomas Saam has filed an application to annex a parcel of land into the City of Sebastian, as well as establish a new land use and zoning designation for the property. At this time, Mr. Saam has the property under contract to purchase, and has obtained the owner's permission to act in his behalf regarding these matters. The County has given the property residential land use and zoning. The applicant is requesting the City give the property industrial land use and zoning. b. Land Use: Existing: County L -2 (Residential, 6 units per acre) Proposed: IND (Industrial) C. Zoning: Existing Proposed: d. Adjacent Properties: County RM -6 (Residential Multi- family, 6 units per acre) IN (Industrial) e. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): 2 2.45 acres t vacant 90 of 126 Zoning Current Land Use Future Land Use North: IN (City) former sandmine IND (City) East: FEC railroad & CG Count FEC railroad & vacant FEC railroad & C/I South: RM -6 (County) vacant L -2 (County) West: RM -6 (County) vacant L -2 (County) e. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): 2 2.45 acres t vacant 90 of 126 (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police /Fire: Astatula sand Grasses, some trees N public water north of site public sewer north of site Riverview Park - .3 mile Fire Station - 2.7 miles Police Station - 1.1 mile 8. Comprehensive Plan Consistency: Several objectives and policies identified in the Comprehensive Plan must be considered when evaluating this land use amendment. Policy 1-1.3.1 General Considerations for Locating Industrial Development states "The allocation of land resources for industrial development shall be responsive to the location and space requirements of industrial activities and potential fiscal and environmental impacts on the City of Sebastian. The location and distribution of specific types of industrial activities shall be determined based on the following considerations: a. Trip generation characteristics and impact on existing and planned transportation systems, including dependency on rail, air, or trucking for distribution of material and goods; b. Anticipated employment generation, floor air requirements and market area; c. Ability to meet established performance standards for preventing or minimizing nuisance impacts, such as emission of air pollutants, glare, noise and odor, or generation of hazardous by- products, d. Impact on established as well as anticipated future development and natural systems, and e. Impact on existing and planned public services, utilities, water resources and energy resources." The location of the parcel along the Florida East Coast Railway, as well as the close proximity to U.S. Highway 1, a state arterial roadway, provides good location for industrial development. The development of the vacant parcel will require water and waste water service, a stormwater system, and landscaping to meet current land development regulations, along with mandatory buffering from the residential zoning districts (vacant) to the south and west. Policy 1 -1.3.2 General Pattern of Industrial Land Use of the City's Comprehensive Plan Future Land Use element states "The City of Sebastian Airport and environs contains the principal area for future industrial activity. A secondary industrial concentration is situated along the FEC Railroad at CR 512. Lesser concentrations of industrial development are situated along other segments of the FEC Railroad. A high priority shall be given to reserving strategically located lands adaptive to the unique location requirements of 3 91 of 126 industry. Industrial sites shall generally be allocated in areas accessible to rail corridors or near airport facilities." The subject property is located west of the FEC Railroad. 9. Conformance with Code of Ordinances: The proposed land use and rezoning amendments are consistent with the Code of Ordinances. 10. Changed Conditions: The applicant wishes to develop this land as industrial, similar to other development to the north. However, the County has it designated for residential development, which is problematic because of the FEC Railroad. If City Council approves the annexation, a City land use and zoning must be assigned. 11. Land Use and Zoning Compatibility: The contiguous City land to the north has a land use and zoning designation of Industrial. The proposed annexation is requesting the same. Therefore, this would not be considered "spot" zoning. 12. Adequate Public Facilities: The parcel is located within the Urban Service Boundary Area. Public utilities (water, wastewater) are available in the general area. Additionally, on -site stormwater management will be required as an essential element of future development. 13. Natural Environment: Future development of the site will be required to provide requisite open space, landscaping and tree protection as required by the Land Development Code. 14. Economic Effect: The property is currently within unincorporated Indian River County. Annexation will provide an additional 2.51 acres of industrial land area, which in turn creates an expanded tax base for the City of Sebastian. 15. Orderly Development: The proposed land use amendment provides for orderly development given the location of the site adjacent to other industrial property and the availability of sufficient access and public facilities. 16. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to create a general pattern of industrial land use. The location of the property along the FEC Railway, as well as the close proximity to U.S. Highway 1, a state arterial roadway, provides good location for industrial development. Being adjacent to other industrial uses in the City facilitates orderly development within the area. 17. Other Matters: The requested comprehensive plan land use map amendment for the 2.450 acre parcel is a small scale amendment (under 10 acres), and will not be reviewed by the state. 18. Conclusion: The requested land use designation of IND (Industrial) and the requested zoning designation of IN (Industrial) are consistent with the Sebastian Comprehensive Plan, the Land Development Code and Code of Ordinances. 4 92 of 126 19. Recommendation: On June 20, 2013, the Planning and Zoning Commission held a public hearing and recommended approval of the land use and zoning amendments by a 7 -0 vote. Staff also recommends approval of the annexation, and that the annexed land be given a land use designation of IND (Industrial) and a zoning designation of IN (Industrial) for the property located at 11465 Old Dixie Highway, Parcel ID 31- 39 -07- 00000- 1000- 00009.0. (� � (I � PREPARED BY 7-3-/,3 DATE 5 93 of 126 Indian River County, Florida Property Appraiser - Printer Friendly Map Print I Buck ParcellD Indian. River County GIS OwnerName PropertyAddress 31390700000100000009.0 *REEMAN TIMOTHY E Notes Page 1 of I t000 Fact 11465 OLD DIXIE HWY SEBASTIAN, FL 32958 `1 ;Engine 94 of 126 http : / /www.irepa.org/PrintMap.aspx 6110/2013 71! 31390700000100000002x0 INC WDUSTRIAL PARK Muni 313907000001 00000G03-0 FEYH0LDWGSLLC 31390700000001000016.0 FREEMAN 31390700000100000009.0 SUBJECT 31390700003000M 0002.0 GREENE It VESTWE?VT PRTN LTD TERRA k31390700000401000010.1 , RlZWJ 31390700000100000007.3 AOVIDA I 31390700000100000-007A J. L' -2 31390700000001000014.0 CAMACY'S PRIZE LLC * 3139070000010000000,7.1 31390700000100000005.0 A TLA NTJG COA S T EN T INC 3139070400 ©100000047.2 L-J A TLA WiC COA S T ENT INC 31390700000100000010-0 (D \12.0 fl 31390 7 00000 1000000 11 -0 ?.l 390700 000 1000000 BRYANT HARB INFORMATIONAL MAP - NOT A SURVEY TM information on fts map is taken frun reloWe sources. COUNTY LAND USE However, its a=racy is rKd guaranteed 95 of 126 FUTURE LAND USE MAP 2025 -CONSERVATION COMMEIRCIAL UMI FEE) [=ICRA 5MMOARY AGRICIA_TURE(Ki- .i CW5a m) - MWERCWI.GENERN =CITYENDLINWPY VER YLOWCENS"FiESWENTWL.Wax.3d,oacI COMMERCIAL512 EA OOASTAL HIGH HAZARD AREAS LOW CENSTY RESIDENTAL Max. 5 d.M,o RNERFRONT MIXED USE WATER MOWLE HOME (Max.5 d'idxl - Flx.D1.19TRIAL - MEDIUM DENSITY RESIDENTIAL {FA— 0 dui-I - WSTlTDTIONAL KJ64 ULAI AV F- < AVOCADO AV LL a L) w z MANGO AV O LL m CITRUSAV CITRUSAV E AV ORANGE AV V) ALAMANDAAV F SEAGRAPE,AV z QCROTONAV d in . HISISCUSAV rFrs J w a u� F- Z ((0 LIME.AV Lu z 2 a Q U-1 o d [L N PALMAV PARK AV ACACIAAV F Ul U) U) J z S IQ 4;�r V T Q V7 r� VALENCIA ST PINEAPPLE ST KING ST TANGELO S AA ``y4r COLUMBIAAV DELAWARE AV DEL MONTE RD uj ci- Z rai.�irrr.ir nor u~a 1 Q I WOODMERE RD CITY LAND USE i I - r r m� ' SUBJECT 5 G3� y 4 V Q y 4 �Z L 4� O 5(1i 96 of 126 - 1w %, , I SEBASTIAN INDUSTRIAL PARK INC MUNI 31390700000100000003.6 FEY HOLDINGS LL C 31390700000100000( ATLANTIC COAST ENT A-1 313907000000 01000016 0)\�I 010000 FREEMAN 31390713100000009.0 SUBJECT -CC H% -.711 39070406000140001 0.1 I ATLANTIC COAST ENT INC - R M-6 31390700000100000010.0 GREENS IN VES WEE AT PR TN LTC] 31390700003000000002.0 RIZW1 31390700000100000007, 31390700000100[700007.4 BRYANT 3139070-0000100006011.0 313907000x0001000014'.0 CG 31390700000100000007.2 _-Y'S PRIZE LLC * 313907000D6100000007.1 -'Ift W 31390700010,0100000012.0 CH INFORMATIONAL MAP -NOT A SURVEY The infowation on this map is lakenfrimn reliable sourcer COUNTY ZONING Hcweyer, its accuracy is rtM guaianteed. n m �1 g 0 a m > j. RRSOR ST � C z Ll �n Y r a Mfr ^< s is] t7 S cn ow- ' >� a:) y r Pf Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: P-5-70 Go The 2012 Florida Statutes Title X1 Chapter 171 View Entire Chapter MUNICIPALITIES LOCAL GOVERNMENT BOUNDARIES 171.044 Voluntary annexation.— (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Not fewer than 10 days prior to publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection may be the basis for a cause of action invalidating the annexation. History. —s. 1, ch. 74 -190; ss. 4, 5, ch. 75 -297; s. 3, ch. 76 -176; s. 2, ch. 86 -113; s. 1, ch. 90 -171; s. 16, ch. 90 -279; s. 16, ch. 98- 176; s. 3, ch. 2006 -218. Copyright © 1995 -2013 The Florida Legislature • Privacy Statement • Contact Us 99 of 126 http: / /www.leg. state .fl.us /STATUTES /index.cfin ?App_ node= Display_Statute &Search String = &U... 7/3/2013 LM OF BASTL HOME OF PELICAN ISLAND Subject: First reading of Ordinance 0 -13- Agenda No. __L% C - 13. 10 1 05, Land Use Amendment for a 2.45 -acre parcel of land located at 11465 Old Dixie Department Origin: Comma i e �prnent �� Highway and west of the F.E.C. Railroad Comm Dev Directef., City Attorney: Ap rove or Submittal by: City Manager City Clerk: Date Submitted: July 3, 2013 Al i W For Agenda of: July 10, 2013 Exhibits: Ordinance No. 0- I3 -05, P & Z minutes, application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY If annexation is approved, the City must designate a land use and zoning for the property compatible with city classifications. The applicant is requesting Industrial (IND) for the land use and Industrial (IN) for the zoning. These requests are consistent with the Comprehensive Plan and Land Development regulations. At a public hearing held June 20, 2013, the Planning and Zoning Commission recommended approval of the requested land use and zoning changes for the property. Because the parcel is less than 10 acres, the proposed land use map amendment will not be reviewed by the state. Staff recotnmends approval of the above referenced land use amendment, which is consistent with the goals and objectives outlined within the Comprehensive Plan and Land Development Cade. RECOMMENDED ACTION `.Move to pass Ordinance No. 0 -13 -05 on first reading and schedule a second reading and public hearing for August 14, 2013.,' 100 of 126 ORDINANCE NO. 0 -13 -05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF INDUSTRIAL (IND) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF LOW- DENSITY RESIDENTIAL, UP TO 6 UNITS PER ACRE (L -2) FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY AND LYING WEST OF THE F.E.C. RAILROAD; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has considered the application by Thomas Saam, agent for Timothy Freeman, for a land use amendment to designate an initial land use for certain property considered for annexation from its existing Indian River County Future Land Use Map designation of Low - Density Residential, up to 6 units per acre (L -2) to a City designation of Industrial (IND); and WHEREAS, the City Council has considered the applicable provisions of the existing Sebastian Comprehensive Land Use Plan, the Sebastian Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has determined that the proposed changes in the Sebastian Comprehensive Land Use Plan are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian; and WHEREAS, the City Council has provided notice of the proposed plan amendment and has conducted the required public hearings to receive citizen input. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: 101 of 126 Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A" containing 2.45 acres more or less as depicted on the map within said Exhibit "A ". Section 2. LAND USE DESIGNATION. The real property described in the attached Exhibit "A" is hereby given a City land use designation of Industrial (IND). Section 3. COMPREHENSIVE LAND USE MAP. The Comprehensive Plan Future Land Use Map shall be amended to include the real property described in the attached Exhibit "A ", and reflect its designated land use as Industrial (IND) in accordance with the requirements of Florida law. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect 31 days after its adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 102 of 126 Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2013. CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 103 of 126 Exhibit "A" Page 1 of 2 LEGAL DESCRIPTION: (PER FIDELI"fY NATIONAL TITLE COMMITMENT FILE N0.179- 65414) THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING WEST OF OLD DIXIE HIGHWAY. THE SOUTH LINE OF PROPERTY HEREBY CONVEYED IS A LINE EXACTLY MIDWAY BETWEEN THE NORTH LINE AND THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4. SAID LAND LYING, BEING AND SITUATE IN INDIAN RIVER COUNTY. 104 of 126 5 114 13 112 11 ' 10 ( 9 1 8 7 1 6 { 5 4 3 3 2 1 SEBASTIAN INDUSTRIAL PARK INC FEY HOLDINGS LLC LOT 2 �. J 2 It 4 1• G LOT 3 Z � i a � y •` Z SUBJECT ��' � s;��,;r'i•E VF ATLANTIC COAST ENT INC " 1�7 ATLANTIC COAST ENT INC * l � X o =' a � f � rim s BRYANT HARB N 0 N Location Map INFORMATIONAL MAP f - NOT The information an this map is taken from A SURVEY reliable sources. ces. However, its accuracy is not guaranteed. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION ,� °® MINUTES OF REGULAR MEETING of JUNE 20, 2013 -� Chairman Dodd called the meeting to order at 7:01 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: Mr. Roth (arrived @ 7:11 pm) Mr. Qizilbash Mr. Durr Mr. Paul cu E F° F° E C: �Im'ovm ® m Mr. Dodd O O Ms. Kautenburg (a) (arrived o ) c Mr. Carter N Q Q EXCUSED: Mr. Reyes and Mr. Dyer (a) ALSO PRESENT: Joe Griffin, Community Development Director Robert Ginsburg, City Attorney Dorri Bosworth, Planner /Secretary ANNOUNCEMENTS: Chmn. Dodd stated Mr. Reyes and Mr. Dyer were excused from the meeting, and Ms. Kautenburg would be voting in Mr. Reyes' place. APPROVAL OF MINUTES: MOTION by Paul /Carter to accept the minutes of the March 7, 2013 meeting as submitted. Motion was approved unanimously by voice vote. OLD BUSINESS: None NEW BUSINESS: A. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE AMENDMENT AND RE- ZONING (FOR A PROPOSED ANNEXATION) — MR. THOMAS SAAM — PARCEL ID NO. 31- 39 -07- 00000 - 1000 -00009.0 — 11465 OLD DIXIE HIGHWAY, SOUTH OF CR512 — SUBJECT PARCEL IS 2.51 ACRES, MORE OR LESS — REQUEST FOR IN (INDUSTRIAL) LAND USE AND IN (LIMITED INDUSTRIAL) ZONING Chairman Dodd asked the Commissioners if they had any ex -parte communication to disclose. There was none. Mr. Griffin, Community Development Director, stated the applicant, Mr. Thomas Saam, wished to annex a piece of property located on Old Dixie Highway, into the city, and noted Senior Planner Jan King's staff report disclosed pertinent information. He stated the requested land use and zoning would be consistent with the Comprehensive Plan. He clarified the Commission's discussion should be on the land use and zoning only, as City Council would make the decision regarding the annexation request. Since the applications were for a parcel less than 10 acres, a State review was not required. Staff recommended approval of the applications. 106 of 126 171' X CL E at c t O PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 7, 2013 Mr. Thomas Saam, thanked everyone for their assistance with the process. He stated that at this time he did not have a fully developed business plan for the property, but the long term vision is to plant some tropical fruit and start a winery. In the short term, he may develop an outside storage lot on a portion of the site to help pay the taxes. He felt by annexing, the tax base would be increased, and there could be potential employment positions down the road. He verified that the land use request was consistent with the Comp Plan in that it was adjacent to the railroad and other existing industrial uses. Mr. Dodd asked if the short term use would be similar to the uses to the north, which are trade facilities and warehouses. Mr. Saam stated yes. Mr. Durr asked the applicant why he wanted to annex into the city. Mr. Saam stated the current county zoning was residential, and if he re -zoned the property through the county to what he needed, it would be a. spot zoning situation for them and not allowed. Indian River County staff guided him to contact the city. Chmn. Dodd opened the public hearing. Mr. Ben Hocker, Sebastian, asked if the zoning would allow a cement plant, or what would be the worst scenario for the property affecting the area. Mr. Dodd stated the city's IN zoning district does not allow a batch concrete plant and uses allowed were of a light industrial nature. Probably the worst use allowed could be a crematorium. Mr. Tim Freeman, property owner, stated he was available for questions. The property had been in his family since the 1940's. Mr. Griffin re- stated that staff recommends the property be rezoned to [Light] Industrial and it be given a land use of Industrial. Mr. Carter had additional questions regarding the winery. Mr. Saam stated he had an interest in and was developing a Mango wine, and explained some of the FDA and state regulations he would have to meet to sell the product. Purchasing this property to plant trees was a start, and he would need to buy more property to the south. Mr. Qizilbash questioned what would happen if the annexation was denied. Mr. Griffin stated that the city would then not acquire the property and their recommendation would be null & void. MOTION by Durr /Carter to recommend approval to City Council to approve the Land Use amendment and re- zoning for the proposed annexation, if that happens, of Parcel ID 31- 39 -07- 00000- 1000- 00009.0. ROLL CALL: Mr. Durr yes Mr. Qizilbash yes Mr. Paul yes Ms. Kautenburg yes Mr. Roth yes Mr. Carter yes Mr. Dodd yes The vote was 7 -0. Motion passed. B. PUBLIC HEARING — RECOMMENDATION TO CITY COUNCIL — LAND USE AMENDMENT AND RE ZONING (FOR A PROPOSED ANNEXATION) — CITY OF SEBASTIAN — PARCEL ID NO. 30 -38 -21 -00001 -0000 -00025.1 — 12900 US HIGHWAY #1, ADJACENT AND NORTH OF THE SEBASTIAN CEMETERY — SUBJECT PARCEL IS 1.43 ACRES, MORE OR LESS — REQUEST IS FOR INS (INSTITUTIONAL) LAND USE AND PS (PUBLIC SERVICE) ZONING Mr. Griffin stated the city has recently closed on the property, which is the 1.4 acres directly north of the city cemetery, currently located in the County. The request by the City [as applicant] is, 2 107 of 126 Permit Application No. M,_ SE�TaN City of Sebastian H"Forv1ucaroisv►ko Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: Thomas J Saam or Vijay L Saam Address: 2615 Pineapple Ave Melbourne, FL 32935 Phone Number: (321) 223 -0493 FAX Number. (321) 255 -7591 E -Mail: tom @saams.com Owner different from applicant) Name: Timothy E Freeman Address: PO BOX 780607, Sebastian, FL 32978 Phone Number. (772) - 559 -7589 FAX Number. E -Mail: stealers12 @aol.com Title of permit or action requested: an se of ixie Highway PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. B. Site Information Address: 11465 Old Dixie HWY, Sebastian, FL 32958 Lot: Block: Unit: Subdivision: (see legal description below) N1/2 OF N1/2 OF SE1 /4 OF NE1 /4, W OF RY HWY (OR BK 482 PP 967) Indian River County Parcel #:31390700000100000009.0 Zoning Classification: RM-6 Future Land Use: L -2, 6DU / 1 AC Existing Use: Vacant Proposed Use: Industrial G. Detailed description ot proposed activity and purpose of e requested permit or action (a c extra sheets if necessary): Rental storage, nursery and grove DATE RECEIVED: S/ AS'/ 13 FEE PAID: $ %O • UO RECEIVED BY. C ,-sL /0510 108 of 126 Permit Application No. D. Project Personnel: Agent: Name: Applicant, Thomas J Saam Address: 2651 Pineapple Ave, Melbourne, FL 32935 Phone Number: (321) 223 -0493 FAX Number: (321) 255 -7591 E -Mail: tom @saams.com Attorne : Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Surveyor: Name: William A. Mott, PLS of William Mott Land Surveying, Inc Address: 3716 North Wickham Road, Suite 3, Melbourne, Florida 32935 -2338 Phone Number: (321) 751 - 4444 x203 FAX Number. (321) 751 -4445 E -Mail: Bill @wmisi.com I, ✓J %J2t4 /J _S T _5A A M , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER )L I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AN RU HE BEST OF MY KNOWLEDGE AND BELIEF. Z�)/? SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY Th6 mcL �-1-IJ S r_a rn WHO IS PERSONALLY KNOWN TO ME OR PRODUCED (]riy 2r AS IDENTIFICATION, THIS I S DAY OF Nktk c.A , 20 1 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: c o =�rwY pt"a Amy Bromfield Ir State of Florida aQ MY COMMISSION # EE 863142 Expires: January 7, 2017 109 of 126 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, exceptions, and appeals. I/WE, _ THE OWNER(S) / AS 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 BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI - JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by O rnCr-S who is personally known to me or produced L i lens e as identification, this 15 day of kACxu , 20 a_. Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: "._ =o�PpY P(je Amy Bromfield State of Florida ;oQ MY COMMISSION # EE 863142 OF F%, Q Expires; January 7, 2017 110 of 126 Permit Application No. CRn ? AN Supplemental Information HAIEOFPEtKJ1NKlJ1fYD Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Current land use map designation: OOE- V RES- MULTI - FAMILY ZONED 2. Proposed land use map designation: Industrial 3. Size of project in acres: 2.5 4. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City None other than annexation of subject property for industrial use 5. Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)? Yes 6. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? Yes 111 of 126 Permit Application No. 7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? 8. Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not? Yes, similar to adjoining property 9. Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? Yes. Property access via existing 2 -lane road, water and sewer not required 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. No, will enhance habitat diversity without harmful run -off into the lagoon 112 of 126 Permit Application No. 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city? If so, describe how. No, industrial use is consistant with surrounding land use and will increase City tax revenue without risk to health, safety or welfare. 12. Does the proposed amendment result in an orderly development pattern? If not, describe. Yes, abutting property to the North is an un- reclaimed sand mine zoned industrial. Other surrounding property is currently in agricultural use. West of the railroad and South of County Road 592 (Sebastian Blvd) are properties in similar Industrial /Commercial use. This amendment results in land use that's consistant with the existing development pattern. 13. Attached the following: X a. A verified statement showing each and every individual person having a legal and /or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. �y b. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. X c. A survey and legal description of the property for which the land use amendment is being requested. 113 of 126 U:)/lj /LUlj VWly 3:41 rAX 19002 /002 LETTER OF AUTHORIZATION To whoin it may concern: I, Timothy E Freeman, currently own the property at 11465 Old Dixie Hwy, Sebastian, FL 32958, also known as Indian River County, FL parcel number 31390700000100000009.0 (the "property'). As owner of said property, I hereby authorize'rhomas J Saam or Vijay L Saam to act on my behalf in all manners relating to annexation, land use, zoning, site plans, and access to the property for viewing, including signing of all documents relating to these matters. Any and all acts carried out by Thomas J Saam or Vijay L Saam on my behalf shall have the same effect as acts of my own. This authorization is valid until my further written notice. Signature / Date Sworn to and subscribed -before me by % r� `� �rc e w 4 n Who is ersonall known me or produced As identification, this day of , 2013 Notary's Signature - t Printed Name of Notary '91 e-1 - `S. ''mot^ /rnn r- -e-, Commission NoJExpiration Seal: NOTARY PUt3j!C•S rATE OF FIARIDA Berty S. Elmore =Commission # EF,114855 ''•,, �` ExPir& : JULY 26, 2015 HONDMUIRU K4AINTMHO.NoNf;co.,INe 114 of 126 L-m �� BASTL HOME OF PELICAN ISLAND Subject: First reading of Ordinance 0 -13- Agenda No. f G 1) -10-7 06; Zoning Amendment for a 2.45 -acre parcel of land located at 11465 Old Dixie Department {Origin: Communi evel ent Highway and west of the F.E.C. Railroad Comm Dev Direc c---- City Attorney: Ap rope or Submittal by: City Manager City 'Clerk: L—� Date Submitted: July 3, 2013 Al i r For Agenda of: July 14, 2013 Exhibits: Ordinance No. 0- 13 -06, application EXPENDITURE REQUIRED. AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None None SUMMARY If annexation is approved, the City must designate a land use and zoning for the property compatible with city classifications. The applicant is requesting Industrial (IND) for the land use and Industrial (IN) for the zoning. These requests are consistent with the Comprehensive Plan and Land Development regulations. At a public hearing held June 20, 2013. the Planning and Zoning Commission recommended approval of the requested land use and zoning changes for the property. Staff recommends approval of the above referenced zoning amendment, which is consistent with the Comprehensive Plan and Land Development Code.. RECOMMENDED ACTION "Move to pass Ordinance No. 0 -13 -06 on first reading and schedule a second reading and public hearing for August 14, 2013.," 115 of 126 ORDINANCE NO. 0-13-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF INDUSTRIAL (IN) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTI- FAMILY, UP TO 6 UNITS PER ACRE (RM -6) FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY AND LYING WEST OF THE F.E.C. RAILROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Thomas Saam, agent for Timothy Freeman, has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. 116 of 126 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A" containing 2.45 acres more or less as depicted on the map within said Exhibit "A ". Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given an initial City zoning designation of Industrial (IN). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the real property described in the attached Exhibit "A" and reflect its designated zoning district as Industrial (IN). Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall take effect 31 days after its adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 117 of 126 Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2013. CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 118 of 126 Exhibit "A" Page 1 of 2 LEGAL DESCRIPTION: (PER FIDELM NATIONAL TITLE COMMITMENT FILE NO.179- 65414) THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING WEST OF OLD DIXIE HIGHWAY. THE SOUTH LINE OF PROPERTY HEREBY CONVEYED IS A LINE EXACTLY MIDWAY BETWEEN THE NORTH LINE AND THE SOUTH LINE OF SAID NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4. SAID LAND LYING, BEING AND SITUATE IN INDIAN RIVER COUNTY. 119 of 126 5114 13112 i11 X101 9 1 8 7 1 6 1 3 4 3 1 2 i1 SEBASTIAN INDUSTRIAL PARK INC FEY HOLDINGS LLC SUBJECT -4 ATLANTIC COAST ENT INC * '\ LOT 2 �\ N `t o \ L \ G N LOT 3 •\ s �z 7' O t '\ L VAN COAST ENT INC * BRYANT INFORMATIONAL MAP -NOT A SURVEY Location Map The infom from tation on this map is taken m reliable sources. However, its accuracy is not guaranteed. HARB \rn 27 D CD w Q Iv - G\., "I F Permit Application No. M%'% uN City of Sebastian 10aEC*MICANtS1AND Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: Thomas J Saam or Vijay L Saam Address: 2615 Pineapple Ave Melbourne, FL 32935 Phone Number: (321) 223 -0493 FAX Number: (321) 255 -7591 E -Mail: tom @saams.com caner I Brent 1m 11 app (cant Name: Timothy E Freeman Address: PO BOX 780607, Sebastian, FL 32978 Phone Number: (772)- 559 -7589 FAX Number. E -Mail: stealers12 @aol.com itle of perms or ac son reques a ezoning o Ixle Ig way 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. 5. Site Information Address: 11465 Old Dixie HWY, Sebastian, FL 32958 Lot: Block: Unit: Subdivision: (see legal description below) N1/2 OF N1/2 OF SE1 /4 OF NE1 /4, W OF RY HWY (OR BK 482 PP 967) Indian River County Parcel #:31390700000100000009.0 Zoning Classification: RM-6 Future Land Use: L -2, 6DU 11 AC Existing Use: Vacant Proposed Use: Industrial _C:_D_et_aiIed descri p ion o propose ac rvl an purpose o e reques a perm) or ac on a c extra sheets if necessary): Rental storage, nursery and grove DATE RECEIVED: S /XS /L3 FEE PAID: $ (gz6 --0O RECEIVED BY. K- 121 of 126 Permit Application No. D. Project Personnel: Agent: Name: Applicant, Thomas J Saam Address: 2651 Pineapple Ave, Melbourne, FL 32935 Phone Number: (321) 223 -0493 FAX Number: (321) 255 -7591 E -Mail: tom @saams.com Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number: ( ) - FAX Number. E -Mail: Surveyor: Name: William A. Mott, PLS of William Mott Land Surveying, Inc. Address: 3716 North Wickham Road, Suite 3, Melbourne, Florida 32935 -2338 Phone Number: (321) 751 -4444 x203 FAX Number: (321) 751 -4445 E -Mail: Bill @wmisi.com T 54 dlM , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER x AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. M SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY 1r10Y)nG S , S CLrWyl WHO IS PERSONALLY KNOWN TOME OR PRODUCED D r. v •e(- L'► C-f r 1.5 f AS IDENTIFICATION, THIS _L':;_ DAY OF CA C 1 , 20 z NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: %y Bromfield ?�t�pY PV State of Florida o� MY COMMISSION # EE 863142 �oF��P &Piros: January 7, 2017 122 of 126 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, exceptions, and appeals. I/WE, _ THE 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 BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI - JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY MPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. .I- & SIGNATURE DATE Sworn to and subscribed before me by lno hAtx.S S 4 rh rrn who is personally known to me or produced r ;Ne _r C- C, e-a s as identification, this day of �-lGs, , 20 [3 . Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: _. Amy Bromfield State of Florida IPA ,oQ MY COMMISSION # EE 863142 �'�OR FLOP Expires: January 7, 2617 123 of 126 Permit /Application No. ` `MCT Supplemental Information ;4&; Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY. HOME OF PELICAN IS1AND 1. Proposed zoning: Industrial 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. Similar to adjoining property, not "spot rezoning" 3. Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. Similar to nearby properties, conforming to City Codes 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? 5. Explain how the proposed rezoning is compatible with the existing or future land i uses of the City. Similar to adjoining property, not spot rezoning" 6. Are there adequate public facilities to serve the ,proposed land use? Yes. Property access via existing 2 -lane road, water and sewer not required 124 of 126 Permit hNplication No. _ 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. Will enhance habitat diversity without harmful run -off into the lagoon 8. Explain how the proposed rezoning will not adversely affect the property values of the area, the general health, safety and welfare or the financial resources of the city Industrial rezoning is consistant with surrounding land use and will increase City tax revenue without risk to health, safety or welfare. 9. Describe how the proposed rezoning will result in an orderly development pattern. Abutting property to the North is an un- reclaimed sand mine zoned industrial. Although not in the City, other surrounding property is currently in agricultural use. West of the railroad and South of County Road 512 (Sebastian Blvd) are properties in similar Industrial /Commercial use. Rezoning results in land use that's consistant with the existing development pattern. 10. Attach the following: 7? a. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for rezoning is sought, except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. i Ey C'' b. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. Y c. A survey and legal description of the property to be rezoned. 125 of 126 LETTER OF AUTHORIZATION To whom it may concern: I, Timothy E Freeman, currently own the property at 11465 Old Dixie Hwy, Sebastian, FL 32958, also known as Indian River County, FL parcel number 31390700000100000009.0 (the "property'). As owner of said property, I hereby authorize Thomas J Saam or Vijay L Saam to act on my behalf in all manners relating to aruzexation, land use, zoning, site plans, and access to the property for viewing, including signing of all documents relating to these matters. Any and all acts carried out by Thomas J Saam or Vijay L Saam on my behalf shall have the same effect as acts of my own. This authorization is valid until my further written notice_ Signature Date Sworn to and subscribe efore me by l i r%, oiAL4 Z. /�:i`ce •M 4 f) Who is ersonaIl known me or produced As identification, this day of , 2013 Notary's Signature Printed Name of Notary e S. -'C /md r2., Commission NoJE- xpiration Seal: NOTARY PUBL'C- S!rATE OFMRIDA Beritt, S. Elmore Commission # EE114655 Expires: JULY 26,201S 8OMM 171RU !l7.flNS'fC UONOINC C0,1NC t 'Ujvv c, v.c 126 of 126