HomeMy WebLinkAboutR-13-40O YOF 3120170013818
SEB°ST" RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
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INDIAN RIVER COUNTY FL
BK: 3008 PG 236 Page 1 of 2 3/152017 4:28 PM
HOME OF PELICAN ISLAND
1225 MAIN STREET • SEBASTIAN, FL 32958
(772)388-8201
RELEASE OF ASSESSMENT LIEN
FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, hereby releases:
Name: ROBERT AND TINA MARIE GIAMBANCO
Address: 1550 INDIAN RIVER DRIVE, SEBASTIAN, FL 32958
And the property described as : Parcel ID #30393100000002000003.0, legal description: a parcel of land situated
in Indian River County, Florida, and described as: commencing on the mean high water mark of the west bank of the
Indian River where the same intersects the South line of Government Lot 2, Section 31, Township 30 South, Range 39
East, run West and along the South line of the said Government Lot 2 a distance of 80.05 feet to the East Right of Way
line of the Old Dixie Highway (also known as the old State Road No. 5 and the Old U.S. Highway No.]); thence
Northwesterly and along the said East Right of Way line of the Old Dixie Highway a distance of 171.35 feet; thence
East, and parallel with the South line of Government Lot 2, a distance of 88.23 feet to the mean high water mark of the
West bank of the Indian River; thence Southeasterly along the West bank of the Indian River to the point of beginning
and also a parcel of submerged land in the Indian River in Section 31, Township 30 South, Range 39 East, Indian
River County, Florida, lying adjacent and Easterly of and Riparian to that certain parcel of upland as described in
Official Record Book 17, Page 389, of the Public Records of Indian River County, Florida; said parcel also being that
part of the submerged land parcel described in that certain deed from the trustees of the Internal Improvement Fund of
the State of Florida to Charles R. Beesley and Robert E. Beesley, recorded in Official Record Book 48, Page 502,
Public Records of Indian River County, lying within the established bulkhead line, said submerged land parcel being
more particularly described as follows: beginning at the point of intersection of the South line of Government Lot 2 of
said Section 31 and the mean high watermark of the West shore of the Indian River, same being the Southeast comer
of land described in said Official Record Book 17, Page 389, said point of beginning also being 116.57 feet East of
the centerline of Old U.S. Highway No. I; thence run North 70°45' East a distance of 145.50 Feet, more or less to the
established bulkhead line along the West shore of the Indian River; thence run Northwesterly along said bulkhead line,
said bulkhead line being 250.00 feet Easterly and parallel to the centerline of Old U S. Highway No. I a distance of
168.64 feet; thence run South 70°45' West a distance of 138.06 feet, more or less, to a point on the mean high water
line of the West bank of the Indian River said point being the Northeast comer of said land described in said Official
Record Book 17, Page 389 and lying 124.75 feet East of the centerline of Old U.S. Highway No. 1; thence meander
said mean high water line in a Southeasterly direction to the point of beginning, LESS AND EXCEPTING THE
FOLLOWING: From a point of beginning at the intersection of the South line of Government Lot 2 of Section 31,
Township 30 South, Range 39 East, Indian River County, Florida, and the mean high water mark of the West bank of
the Indian River, run West along said South line of Government Lot 2, a distance of 80.05 feet, more or less, to the
East Right of Way of Old U.S. Highway No. 1, said Right of Way being 66.00 feet in width; thence run North 25022'
West along said East Right of Way line a distance of 71.35 feet; thence run East, parallel to the South line of said
Government Lot 2, a distance of 94.89 Feet; thence run North 70°45' East, a distance of 132.03 feet to the established
bulkhead line; thence run South 25022' East along said bulkhead line a distance of 66.43 feet; thence run South 70°45'
West a distance of 145.50 feet to the point of beginning on the mean high water line of Indian River and the South line
of said Government Lot 2 of the public records of Indian River County, Florida, commonly addressed as 1550 Indian
River Drive, Sebastian, Florida.
From the assessment lien recorded O.R. Book 2724, Page 2108, Pages I of 9, of the public records of Indian River
County, Florida.
EXECUTED by the City Manager of the City of Sebastian, Indian River County, Florida, this fish day of
March, 2017.
CITY OF SEBASTIAN
SEBASTIAN, FLO IDA, INDIAN RIVER COUNTY
By
Joe 46d City Vanager
Approved fo elease of Lien:
Kenneth W. Killgore, Finance Direco
r
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
SWORN TO AND SUBSCRIBED before me this 6th day of March, 2017 by Joe Griffin as City Manager of
the City of Sebastian, who executed same on behalf of said City. He is personally known to me.
RETURN TO:
City of Sebastian
City Attorney's Office
1225 Main Street
Sebastian, FL 32958
4zo�W IJ X LGt��I/�F
X,Otary Public „tt1111011111b.,
3120130078616
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 2724 PG: 2108 Page 1 of 9 12/17/2013 1:06 PM
RESOLUTION NO. R -13 -40
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING PARTICIPATION IN THE PARKING IN LIEU OF
PROGRAM, LIEN AGREEMENT AND COVENANT RUNNING WITH
THE LAND, FOR ROBERT AND TINA MARIE GIAMBANCO FOR
PROPERTY LOCATED AT 1550 INDIAN RIVER DRIVE, SEBASTIAN,
FLORIDA; PROVIDING FOR TERMINATION; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian has determined that it is in
the public interest to allow businesses within the Riverfront area the opportunity to
utilize public parking to meet their parking needs; and
WHEREAS, Robert and Tina Marie Giambanco wish to participate in the Parking
In Lieu of Program and purchase eight (8) parking spaces of public parking for property
located at 1550 Indian River Drive; and
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. The City Council approves the Parking In Lieu Of Program
Agreement, Lien Agreement and Covenant Running with the Land attached hereto as
Attachment A, and authorizes the City Manager to execute and record the same.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by
Hill
The motion was seconded by Gillmor and, upon being put to a
vote, the vote was as follows:
Mayor Bob McPartlan
Vice -Mayor Jim Hill
Council Member Jerome Adams
Council Member Andrea Coy
Council Member Richard Gillmor
aye
aye
aye
absent
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of
December, 2013.
CITY OF SEBASTIAN, FLORIDA
Mayor Bobs McPartlan
ATTACHMENT A
PARKING IN LIEU OF PROGRAM AGREEMENT
LIEN AGREEMENT
COVENANT RUNNING WITH THE LAND
(hereinafter collectively referred to as "Agreement ")
THIS AGREEMENT is between the City of Sebastian, a Florida municipal
corporation, as "City ", and Robert and Tina Marie Giambanco, as "Owners ", of the
property located at 1550 Indian River Drive, Sebastian, FL.
WHEREAS, the City Council of the City of Sebastian finds that providing public
parking to assist private businesses meet their parking needs is an economic benefit to the
entire community; and
WHEREAS, the requirements for parking are outlined in Sec. 54 -3 -15 of the
City's Land Development Code and include an In Lieu of Parking Program allowing
businesses to participate in public parking to meet their parking requirements; and
WHEREAS, the approved site plan for the restaurant at the subject property
requires 19 parking spaces and provides 11 on the site; and
WHEREAS, the Owners have decided to participate in the Parking In Lieu of
Program and purchase eight (8) spaces from the City.
NOW THEREFORE, in consideration of the mutual promises and obligations
stated herein, the City and Owners do hereby incorporate all terms and conditions in this
Agreement and mutually agree as follows:
1. PURPOSE. The purpose of this agreement is to provide the Owners with the non-
exclusive use of eight (8) public parking spaces for the benefit of the development of
their property located at 1550 Indian River Drive.
2. FEE. The fee for 8 parking spaces at $3,200 per space, as established by Resolution
R- 10 -35, totals twenty -five thousand six hundred dollars ($25,600.00).
3. PAYMENT AND INTEREST. Owners agree to make monthly payments to the City
of $496.16 for fifty -six (56) months, including interest at the rate of three and one half
percent (3.5 %) per annum, in accordance with the loan summary and amortization
schedule in Exhibit A, attached hereto and incorporated herein by this reference, for a
total of $27,784.96. Payment is due to the City the first of every month, starting January
1, 2014.
4. ESTABLISHMENT OF LIEN. This Agreement, and the obligations created
hereunder, is secured by a lien upon the property described in Exhibit B, attached hereto
and incorporated herein by this reference. Such lien shall be of equal dignity with the lien
for taxes and shall be enforceable in the same manner as provided by law, and may be
satisfied at any time by payment thereof, including accrued interest. Upon such payment,
the City shall, by appropriate means, evidence the satisfaction and cancellation of such
lien upon the record thereof. Notice of such lien may be filed in the office of the clerk of
the circuit court and recorded among the public records of Indian River County.
5. COVENANT RUNNING WITH THE LAND. This Agreement shall constitute a
covenant running with the land and shall be binding upon the heirs, successors and
assigns of the parties.
6. NON EXCLUSIVE USE AND OWNERSHIP. The parking spaces are for the non-
exclusive use by the Owners and the City shall retain fee ownership of the public parking
spaces.
7. LIMITS OF USE. This Agreement confers no rights upon the Owners to place any
advertisement, notices or signage. The City expressly retains all such rights. The
Owners shall make no use of the parking spaces except as specifically authorized in this
Agreement.
8. SUCCESSORS AND ASSIGNS. This Agreement and each of its terms and
conditions shall be binding upon the parties and their respective successors and assigns.
There shall be no assignment of this Agreement or any of the rights or obligations herein,
without the advance written consent of the City.
9. NOTICES. All notices required by this agreement shall be in writing and delivered
either by registered or certified mail to the other party at the address given below:
"City": City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
"Owners ": Robert and Tina Marie Giambanco
886044 th Avenue
Sebastian, FL 32958
Any party may change address or designee by giving written notice of such change to the
other parties.
10. REMEDIES. This Agreement provides the Owners with the necessary parking
spaces required by the Code of the City of Sebastian only during such time as the Owners
are current with respect to their financial obligations described herein. If any party shall fail
to perform any term or condition hereof, and continue such nonperformance for a period of
ninety days after receiving a notice of default, it shall be subject to such administrative,
contractual, and legal remedies as provided by this Agreement, the Code of Ordinances of
the City of Sebastian, and the laws of the State of Florida. Jurisdiction for any court action
filed regarding this Agreement shall be in a court of competent jurisdiction in Indian River
County, Florida.
2
11. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
12. RECORDING. The City shall be responsible for recording this Agreement in the
Official Records of Indian River County and the Owners shall pay all recording fees. A
copy of the recorded Agreement shall be provided to the Owners by the City within
fifteen (15) business days after recording.
13. EFFECTIVE DATE. This Agreement shall be effective upon the execution of the
last parry to sign.
A
l Y
AT3'
Sally A. Maiv'MMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
ATTEST:
r itness
ATTEST:
Witne o I�il t - Su�6YZT�(
3
CITY
IM
Date:
BASTIAN, FLORIDA
a
City Manager
OWNERS
By: �^ -�---
Robgrt G'7/3 banco
Date: /, 1.
By: t
ina Marje`G' banco
D e: f /3
EXHIBIT A
Page 1 of 3
Loan Summary
Monthly payment
$496.16
$74.67
$74.67
Loan amount
$25,600.00
$496.16
$422.72
Interest rate
3.5%
$24,755.79
Mar. 2014
Term
56 months
$72.20
$220.31
Total of payments
$27,784.96
$496.16
$425.19
Total interest paid
$2,184.79
Payment Schedule
1 Year Payment Prinelpal Paid Interest Total Balance
Jan. 2014
$496.16
$421.49
$74.67
$74.67
$25,178.51
Feb. 2014
$496.16
$422.72
$73.44
$148.10
$24,755.79
Mar. 2014
$496.16
$423.95
$72.20
$220.31
$24,331.84
April 2014
$496.16
$425.19
$70.97
$291.28
$23,906.65
May 2014
$496.16
$426.43
$69.73
$361.00
$23,480.22
June 2014 -
$496.16
$427.67
$68.48
$429.49
$23,052.55
July 2014
$496.16
$428.92
$67.24
$496.72
$22,623.63
Aug. 2014
$496.16
$430.17
$65.99
$562.71
$22,193.45
Sept. 2014
$496.16
$431.43
$64.73
$627.44
$21,762.03
Oct. 2014
$496.16
$432.68
$63.47
$690.91
$21,329.34
Nov. 2014
$496.16
$433.95
$62.21
$753.12
$20,895.40
Dec. 2014
$496.16
$435.21
$60.94
$814.07
$20,460.19
Jan. 2015
$496.16
$436.48
$59.68
$873.74
$20,023.70
Feb. 2015
$496.16
$437.75
$58.40
$932.15
$19,585.95
Mar. 2015
$496.16
$439.03
$57.13
$989.27
$19,146,92
April 2015
$496.16
$440.31
$55.85
$1,045.12
$18,706.61
May 2015
$496.16
$441.60
$54.56
$1,099.68
$18,265.01
4
EXHIBIT A
Page 2 of 3
Month J Year
t-ayment
rrinctpal rata
inxerest
natal
balance
June 2015
$496.16
$442.88
$53.27
$1,152.95
$17,822.13
July 2015
$496.16
$444.18
$51.98
$1,204.93
$17,377.95
Aug. 2015
$496.16
$445.47
$50.69
$1,255.62
$16,932.48
Sept. 2015
$496.16
$446.77
$49.39
$1,305.01
$16,485.71
Oct. 2015
$496.16
$448.07
$48.08
$1,353.09
$16,037.64
Nov. 2015
$496.16
$449.38
$46.78
$1,399.86
$15,588.26
Dec. 2015
$496.16
$450.69
$45.47
$1,445.33
$15,137.57
Jan. 2016
$496.16
$452.01
$44.15
$1,489.48
$14,685.56
Feb. 2016
$496.16
$453.32
$42.83
$1,532.31
$14,232.24
Mar. 2016
$496.16
$454.65
$41.51
$1,573.83
$13,777.59
April 2016
$496.16
$455.97
$40.18
$1,614.01
$13,321.62
May 2016
$496.16
$457.30
$38.85
$1,652.86
$12,864.31
June 2016
$496.16
$458.64
$37.52
$1,690.39
$12.405.68
July 2016
$496.16
$459.97
$36.18
$1,726.57
$11,945.71
Aug. 2016
$496.16
$461.32
$34.84
$1,761.41
$11,484.39
Sept. 2016
$496.16
$462.66
$33.50
$1,794.91
$11,021.73
Oct. 2016
$496.16
$464.01
$32.15
$1,827.05
$10,557.72
Nov. 2016
$496.16
$465.36
$30.79
$1,857.85
$10,092.36
Dec. 2016
$496.16
$466.72
$29.44
$1,887.28
$9,625.63
Jan. 2017
$496.16
$468.08
$28.07
$1,915.36
$9,157.55
Feb. 2017
$496.16
$469.45
$26.71
$1,942.07
$8,688.10
Mar. 2017
$49616
$470.82
$25.34
$1,967.41
$8,217.29
April 2017
$496.16
$472.19
$23.97
$1,991.37
$7,745.10
May 2017
$496.16
$473.57
$22.59
$2,013.96
$7,271.53
June 2017
$496.16
$474.95
$21.21
$2,035.17
$6,796.58
July 2017
$496.16
$476.33
$19.82
$2,055.00
$6,320.25
Aug. 2017
$496.16
$477.72
$18.43
$2,073.43
$5,842.53
Sept. 2017
$496.16
$479.12
$17.04
$2,090.47
$5,363.41
Oct. 2017
$496.16
$480.51
$15.64
$2,106.11
$4,882.90
Nov. 2017
$496.16
$481.92
$14.24
$2,120.36
$4,400.98
Dec. 2017
$496.16
$483.32
$12.84
$2,133.19
$3,917.66
5
EXHIBIT A
Page 3 of 3
Month ! Year
Payment
Princ,13al Pald�
interest �µ
�7otat
Balance
Jan. 2018
$496.16
$484.73
$11.43
$2,144.62
$3,432.93
Feb. 2018
$496.16
$486.14
$10.01
$2.154.63
$2,946.79.
Mar. 2018
$496.16
$487.56
$8.59
$2,163.23
$2,459.22
April 2018
$496.16
$488.98
$7.17
$2,170.40
$1,970.24
May 2018
$496.16
$490.41
$5.75
$2,176.15
$1,479.83
June 2018
$496.16
$491.84
$4.32
$2,180.46
$987.99
July 2018
$496.16
$493.28
$2.88
$2,183.34
$494.71
Aug. 2018
$496.16
$494.71
$1.44
$2,184.79
$0.00
u
EXHIBIT B
Parcel: 30- 39 -31- 00000 -0020 - 00003.0
Legal Description:
A parcel of land situated in Indian River County, Florida, and described as: commencing on the
mean high water mark of the west bank of the Indian River where the same intersects the South line
of Government Lot 2, Section 31, Township 30 South, Range 39 East, run West and along the South
line of the said Government Lot 2 a distance of 80.05 feet to the East Right of Way line of the Old
Dixie Highway (also known as the old State Road No. 5 and the Old U.S. Highway No. 1); thence
Northwesterly and along the said East Right of Way line of the Old Dixie Highway a distance of
171.35 feet; thence East, and parallel with the South line of Government Lot 2, a distance of 88.23
feet to the mean high water mark of the West bank of the Indian River; thence Southeasterly along
the West bank of the Indian River to the point of beginning and also a parcel of submerged land in
the Indian River in Section 31, Township 30 South, Range 39 East, Indian River County, Florida,
lying adjacent and Easterly of and Riparian to that certain parcel of upland as described in Official
Record Book 17, Page 389, of the Public Records of Indian River County, Florida; said parcel also
being that part of the submerged land parcel described in that certain deed from the trustees of the
Internal Improvement Fund of the State of Florida to Charles R. Beesley and Robert E. Beesley,
recorded in Official Record Book 48, Page 502, Public Records of Indian River County, lying within
the established bulkhead line, said submerged land parcel being more particularly described as
follows: beginning at the point of intersection of the South line of Government Lot 2 of said Section
31 and the mean high watermark of the West shore of the Indian River, same being the Southeast
corner of land described in said Official Record Book 17, Page 389, said point of beginning also
being 116.57 feet East of the centerline of Old U.S. Highway No. 1; thence run North 70 °45' East a
distance of 145.50 Feet, more or less to the established bulkhead line along the West shore of the
Indian River; thence run Northwesterly along said bulkhead line, said bulkhead line being 250.00
feet Easterly and parallel to the centerline of Old U.S. Highway No. 1 a distance of 168.64 feet;
thence run South 70 °45' West a distance of 138.06 feet, more or less, to a point on the mean high
water line of the West bank of the Indian River said point being the Northeast comer of said land
described in said Official Record Book 17, Page 389 and lying 124.75 feet East of the centerline of
Old U.S. Highway No. 1; thence meander said mean high water line in a Southeasterly direction to
the point of beginning, LESS AND EXCEPTING THE FOLLOWING: From a point of beginning at
the intersection of the South line of Government Lot 2 of Section 31, Township 30 South, Range 39
East, Indian River County, Florida, and the mean high water mark of the West bank of the Indian
River, run West along said South line of Government Lot 2, a distance of 80.05 feet, more or less, to
the East Right of Way of Old U.S. Highway No. 1, said Right of Way being 66.00 feet in width;
thence run North 25 °22' West along said East Right of Way line a distance of 71.35 feet; thence run
East, parallel to the South line of said Government Lot 2, a distance of 94.89 Feet; thence run North
70 °45' East, a distance of 132.03 feet to the established bulkhead line; thence run South 25 °22' East
along said bulkhead line a distance of 66.43 feet; thence run South 70 °45' West a distance of 145.50
feet to the point of beginning on the mean high water line of Indian River and the South line of said
Government Lot 2.
7