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HomeMy WebLinkAboutFey Sand Mine, Resolution #R-95-091'r- cv. k..r* N rp-e \ pop]] City of Sebastian 5� 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 � TELEPHONE (561) 589-5330 ❑ FAX (561) 589-2566 -- �-� MEMORANDUM DATE: October 5, 1999 TO: Terrence Moore, City Manager FROM: Tracy E. Hass, Growth Management Director---/Tp--- SUBJECT: Request for return of bond monies for Fey's Sandmine dloszcQu , S� In response to Richard Fey's letter dated September 30, 1999 to Mayor Chuck Neuberger, I have prepared the following explanation concerning the City's position. On November 21 1996, former Community Development Director, Bob Massarelli, sent Richard Fey a letter outlining four violations that had to be remedied prior to the City releasing the compliance and restoration bonds. One of the conditions outlined the average excavation elevation was greater than the approved 25 feet msl. Mr. Fey responded on November 8, 1996 with a letter stating his intentions were to "spread the remaining fill from the front section throughout the property to correct any low-lying areas that may exist and then have the property resurveyed". On February 5, 1997, Mr. Fey wrote a letter explaining his wishes to not renew the sandmining operation and request for release of bond monies. Another year lapsed and the City still was not in receipt of the required site survey depicting proper compliance and restoration had occurred. On March 19, 1998, Bob Massarelli sent a memo to former City Manager, Thomas Frame, explaining staffs' position for not releasing said bonds. The memo reiterated that the surveys of January 12, 1996 and January 22, 1996 indicated some areas had been excavated below the approved 25 feet msl elevation. On June 12, 1998, Thomas Frame sent a letter to Richard Fey explaining the slopes still did not meet the minimum 3:1 ratio as established by code requirements. In a statement in which I cannot agree, Mr. Frame wrote, "there were some small areas that appeared to be less than 25 feet msl". This issue does not seem to be significant, but the required slopes need to be met before release of the bond. The areas below 25 feet msl are in direct violation of Section 20A -5.30(c)(4) of the Land Development Code which states that a no excavation governed by a mining permit shall result in an average elevation of less than twenty- five (25) feet msl for a project located on the sand ridge, as this project is. On March 24, 19992 I received a letter from Mrs. Fey requesting my authorization to release the restoration bond. I again reiterated to Mrs. Fey that the City cannot release the bond until a survey is provided showing an elevation of no less than 25 feet msl and that all slopes were the appropriate 3:1 ratio with proper seed and mulch for stabilization. I am not prepared to authorize release of said bond until proper certification has been received. The most recent letter from Mr. Fey dated September 30, 1999 states the City released a bond after the current topography of the property was established at 25 feet msl. This is incorrect in that the bond that was released was the compliance bond that insures compliance with code conditions. The restoration bond has not been released because there still isn't any evidence that the property meets the elevation and slope requirements. Additionally, the letter states the City cannot locate the paperwork submitted to Mr. Massarelli. The paperwork in question does not have any bearing on the release of the bonds. The survey submitted to Mr. Massarelli and Mr. Frame indicated that the property was in violation. Furthermore, all violations had to be remedied and the property resurveyed prior to release of the restoration bond. We still are not in receipt of the proper surveys. cc: Mayor and Council City Clerk City Attorney Attachments 2/22/95 Resolution No. R-95-09 adopted which grants a special use permit to Richard Fey for sandmining on eleven acres — term for one year from date of adoption — required a surety bond or cashier's check in the amount of $11,070 to ensure compliance with conditions of permit and an additional $5,630 surety bond or cashier's check for restoration when operation terminates along with a memorandum of understanding to Director of Community Development 1/26/96 Letter from Richard Fey to City Manager Joel Koford stating he is in compliance with R-95-09 and stating unless he hears otherwise from City he will proceed with sandmining 1/29/96 Two separate letters from Richard Fey to City Manager Joel Koford enclosing Certificate Number 200779 and 200780 (see description below) Time Certificate of Deposit # 200779 from Citrus Bank, N.A. Sebastian in the amount of $11,070.00 and Time Certificate of Deposit # 200780 from Citrus Bank, N.A. Sebastian in the amount of $5,630.00 — both dated 1/24/96 received and filed by the City of Sebastian — maturity date of both is 1/24/97 2/1/96 — Fax Transmittal from City Clerk Kay O'Halloran to City Attorney Cliff McClelland re: Fey sandmine and attached letter from McClelland to Attorney Bruce Barkett regarding form of bond whereby CD would give the City right to cash upon notice to Mr. Fey — CD provided has no such signatory — escrow agreement is a possibility Citrus Bank signature cards with City Manager Thomas Frame signature as authorized individual — he was hired after Koford in 1996 1/29/96 Attorney Barkett letter to Building Official George Bonacci about cease and desist order Mr. Bonacci imposed 2/8/96 City Manager Koford memo to City Clerk O'Halloran with attached Time Certificate of Deposits - # 200779 and #200780 attached for filing 11/2/96 Community Development Director Massarelli letter to Richard Fey — receipt of survey to meet requirements but references R-96-24 special use permit 11/8/96 Richard Fey letter to City of Sebastian requesting 15 days to respond to Massarelli letter four conditions 11/13/96 Richard Fey letter to City of Sebastian — retained surveyor — to be completed before expiration of R-95-09 special use permit for sandmining 2/5/97 Richard Fey letter to Dorri Bosworth — materials stockpiled on site but no more sandmining to be done — please release bond — ready to proceed with mulching 5/1/97 City Manager Frame memo to City Clerk O'Halloran memo cc to Massarelli, Community Development — notification from Mr. Fey that sandmine operation is completed and directing release of $11,070 bond to Mr. Fey but not to release the $5,360 restoration bond at this time Second copy of that memo with notation and signature by Jodi R. Fey that she is in receipt of the CD # 200779 ($11,070) 3/19/98 Community Development Director Massarelli memo to City Manager Frame — to release the bond — Fey needs to submit signed and sealed survey showing compliance with restoration plan and site has not been excavated below 25.0 elevation, seeded, and side slopes do not exceed 3:1 slope 6/12198 City Manager Frame letter to Mr. Fey — certain conditions need to be met before release of the restoration bond 3/24/99 Jodi Fey letter to Growth Manager Director Hass — funds held in CD at Citrus Bank — City Clerk O'Halloran needs approval from you to release bond 9/30/99 Richard Fey letter to Mayor Neuberger — City is holding back bond money due to Richard Fey and LI Tree Service — file is missing and cannot get copies of missing required topography 10/5/99 Growth Management Director Hass memo to City Manager Moore — explanation of whole process and final determination that bond cannot be released until City is in receipt of proper surveys 2/15/2000 Fey Letter (not dated but stamped in) received by City Clerk O'Halloran — requesting release of CD 2/23/2000 Agenda Transmittal — City Manager Terrence Moore to Council requesting authorization to release bond to Mr. Fey 2/25/2000 City Clerk O'Halloran letter to Mr. Fey — Council direction not to release the sandmining restoration bond We still have CD 200780 original (amount $5,630) 144 J6� 47 - 6 -At� - fA 4,6t, , C6 /vt�w ell A 1 r . Financial Institution: CITRUS BANK, N.A., SEBASTIAN Number: 200780 Account Name: CITY OF SEBASTIAN SSN/TIN: 06-1541367 Account Number Issue Date Deposit Amount Term Maturity Date 200780 January 24, 1996 $5,630.00 12 Months January 24, 1997 Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 5.0896 with an annual percentage yield of 5.16%. The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until January 24, 1997. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded quarterly and will be credited to the account quarterly. Interest on your account will be credited by adding the interest to the principal. If you withdraw funds prior to maturity, your interest rate for the entire balance will be for the tier that applies to the resulting balance. Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 (or 366 in leap year) for each day in the year. You must maintain a minimum balance of $1000.00 to obtain the disclosed annual percentage yield. Limitations: You must deposit $1,000.00 to open this account. You may not make additional deposits into this account. You may not deposit more than $1,000,000.00 to this account. As defined by account type. Time Account Information: Your account will mature on January 24, 1997. We reserve the right to redeem the account . If you withdraw any of the principal before the maturity date we may impose a penalty of Certificates with maturities of one year or less will be subject to 30 day's interest penalty. Certificates with maturities of more than 12 months will be subject to 90 day's interest penalty. If you close the account before interest is credited, you will not receive the accrued interest. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. This account will automatically renew. You will have 10 days. after the maturity date to withdraw funds without penalty. Account Fees: There is no service charge is certificate is left through maturity. The following fees apply to this account: Stop Payment — $20.00: Will be charged upon customer completing a stop payment authorization at the bank; Overdraft Fee(s)/NSF — $25.00 each: Any item appearing on the daily Deficit Balance Report will be charged regardless of whether a customer makes a deposit that day; Return Check(s) deposited will be charged at $4.00 each: Your account will be debited for the return item; Special statements — $3.00: This charge is per statement, per request; Account research or checkbook balancing is available. The charge for this service is $25.00 per hour: There is a minirnum charge of one hour for account research; Photocopy of an item: $3.00 per page; Removal of an item from files: $3.00 each; Fax of an iten.: $3.00 each; Dormant Accounts: $5.00 per statement cycle; Foreign Drafts: $25.00 each; Cashier's Check: $3.00 each (customer); Money Order: $1.50 each (customer); Incoming Wires: $7.00 each (customer); Outgoing Wires: $14.00 each (customer); Foreign Wires: $45.00 each (customer); Traveler's Checks: $1.00 per $100 purchased; Outgoing Collections: $10.00 (customer only); Incoming Collections: $5.00 (customer only); Outgoing Coupon Collections: $10.00 (customer); and Credit reporting: The undersigned also agree(s) to authorize Citrus Bank to verify and exchange their credit and account information through credit reporting agencies. Member Signature an a of Authorized F cial I itution gner NON TRANSFERABLE - NON NEGOTIABLE F��C ��� TIME CERTIFICATE OF DEPOSIT AGREEMENT - CERTIFICATE 12 TO 23 MONTHS We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that are specific to your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the Deposit Amount indicated, and has agreed to keep the funds on deposit until the Maturity Date. As used in this Agreement, the words "you", "your" or "yours" mean the Account Holder(s), the word "Account" means this Time Deposit Account and the word "Agreement" means this Time Certificate of r Deposit Agreement, and the words "we", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of the date we receive credit fol noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records. ISSUE DATE. If you open a time certificate of deposit account with us after 2:00 PM on a business day that we are open, we will consider that the transaction was made at the opening of the next business day for issue date and effective date purposes. 1 INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is I based upon the Interest accrual basis described above. E AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above, the principal amount and all paid earned interest that has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original deposit term. Interest on renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw funds from your Account, you must notify us during the grace period after the Maturity Date. EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or I part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if granted, the penalty as specified above will apply. i Minimum Required Penalty. The Minimum Required Penalty is equal to seven (7) days' simple interest. If an amount in excess of the I Minimum Required Penalty is specified, the early withdrawal penalty will be calculated as a forfeiture of part of the accrued interest that has or would I be earned on the Account. If your Account has notet earned enough interest so that the penalty can be deducted from earned interest, or if the I Interest already has beer, paid, the difference will be deducted from the principal amount of your Account. Exceptions. We may allow the withdrawal of all or part of your Account before the Maturity Date without imposing an early withdrawal penalty E In the following circumstances: (1) one or more of you dies or is determined legally incompetent by a court or other administrative body of competent jurisdiction; (2) where the Account Is an Individual Retirement Account (IRA) and any portion is paid within seven (7) days after establishment; or where the Account Is a Keogh Plan (Keogh), provided that you forfeit an amount at least equal to the Interest earned on the amount withdrawn; or where the Account is an IRA or Keogh and you attain age 59 1/2 or become disabled; or (3) within an applicable grace period (if any). I Page 1 of 2 nt t 7i I7 Fl. � a.,, US cal As. TV. OF f . 1.1 -pr- 7.0,4 c ;c: IaN CF1 Prn$er tcls, Me. MI RIghU Reserved. FL - L700 i -r e RIGHT OF OFF. Subject to ap able law, we m exercise ou ht of setoff a 'nst this and a and all of yo�ccocuo ts ceptIR Keogh plan and Trust unts) without notic , or any Iiabilit ebt of any ou, whether ' t or individu , hether dintinge wheth ow or hereafter existing, hether arising r overdrafts, en ements, g ntees, loans, they obligati OTHER ACCOUNT RULES. a following rules also apply to the Account. Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close your Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us harmless from liability, prior to our honoring your withdrawal or request. Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that we may hold the funds in your Account until we have received all required documentation and instructions. Indemnity. If you, ask us to follow instructions that we believe might expose us to any claim, liability or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnify us. Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations secured by your Account are satisfied. SURRENDER OF TIME CERTIFICATE OF DEPOSIT CD # 200780 This certificate is hereby surrendered. Date: Number of Signers Required: Any one (1) of the Authorized Signers(s) shown below. ACCOUNT HOLDER: CITY OF SEBASTIAN The City Manager of the City of Sebastian is the Authorized Si;go,g;: on this certificate of deposit. The City Manager is authorized to endorse and surrender this agreement to withdraw r transfer of close this account, or the funds held therein. t Page 2 of 2 DEPOSIT PRO, Roy. U.S. Pat. i T.M. OFF., Ver. 7.04c (c) 1996 CFI ProSorvicos. Inc. An Rights Rasarvad. FL - 1.760 CITRUS BANK, NATIONAL ASSOCIATION VERO BEACH — The branch network and substantially all the deposits of Vero Beach -based Citrus Bank have been sold to 1st United Bank, the subsidiary of Boca Raton -based 1st United Bancorp, Inc. The purchase price is estimated at $7 million cash. "I firmly believe this transaction is in the best interest of our customers, our employees and our shareholders," said Rick Nisbeth, president and CEO of Citrus Bank. Citrus Bank is the wholly-owned subsidiary of Citrus Financial Services, Inc. which is owned by CIB Marine Bancshares, Inc. At December 31, Citrus Bank had approximately $125 million in assets, $71 million in loans and $103 million in deposits. The bank has locations in Vero Beach, Sebastian, Barefoot Bay, Boca Raton, North Miami Beach, and Coral Gables. As terms of the deal, 1st United Bank will acquire approximately $45 million in loans, substantially all the deposits, each of the owned branches and assume the leases of the other locations. The deal, subject to regulatory approval, is expected to be completed in the third quarter of this year. As of Dec. 31, 1st United had assets of approximately $560 million, loans of $450 million, deposits of $403 million and capital of approximately $81 million. RESOLUTION NO. 95-09 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT AND MINING PERMIT TO RICHARD FEY FOR SAND MINING ON APPROXIMATELY 11 ACRES OF LAND; FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE INDUSTRIAL DISTRICT; FURNISHING CONDITIONS; PROVIDING AN EXCEPTION TO THE 150 FOOT SET BACK; MODIFYING CONDITION NUMBER EIGHT IN THE TREE RECYCLING AND MULCHING RESOLUTION ON THE PROPERTY BY DELETING THE PROHIBITION ON SAND MINING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Richard Fey had made application for a special use permit to construct and operate a sand mining facility; and WHEREAS, the Planning & Zoning Commission held a public hearing on December 15, 1994, on such special use permit and mining permit recommended approval of the special use permit and mining permit; and WHEREAS, the City Council of the City of Sebastian, Florida has fully considered the permit application and the evidence presented on the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follOwS: SECTION 1. FINDINGS OF FACT. The City Council, after considering the evidence presented at the hearing, finds as follows: (1) Granting a special use permit will not be detrimental to the public safety, health or welfare, or be injurious to other property improvements within the immediate vicinity 1 of which the property is located for a period of one (1) year from the date of this resolution; and (2) The use requested is consistent with the purpose and intent of the respective industrial district, can be demonstrated to be similar in nature and compatible with the uses allowed in such district for a period of one (1) year from the date of this Resolution. SECTION 2. APPROVAL: The City of Sebastian hereby approves a special use permit and mining permit for Richard Fey to operate a sand mining use on approximate 11.07 acres of land as described on the attached legal description and numbered as Exhibit "l." The land is located within an industrial district and the subject property address is Old Dixie Highway. The permit is for a one (1) year period commencing on the date of this Resolution and terminating one (1) year from the date of adoption of this Resolution. SECTION 2 _. ENGINEERING DRAWINGS: Drawings with sheets one through five (Engineering Drawings) prepared by R. Wayne Westerman, Jr., P.E., dated August, 1994, Project Number 48--9402, were filed with the City for the mining permit. The City of Sebastian under Section 20A-5.30 hereby approves the permit application as follows: Mining Plan: (1) Plan review and cross-sections: Plans as shown on pages 1 and 2 and cross-sections as shown on pages 3, 4 and 5 of the Engineering Drawings. (2) Amount of fill to be removed: 37,978 cubic yards. 2 (3) Time table of mining activity: One (1) year. (4) Method of mining: Front end loaders and backhoes. No crushing, mixing plant or bins shall be used at the site. No hard rock mining shall be done unless specifically approved by the City of Sebastian. (5) Hours of operation: The hours of mining operation shall be limited to 7:00 A.M. until 5:00 P.M., on Monday through Friday and 9:00 A.M. until 4:00 P.M. on Saturday. No operations shall be conducted on Sunday. (6) Safety and security plan: The landowner shall submit a written safety and security plan to the Community Development Director for his approval prior to commencement of the sand mining operation. Restoration plan: (1) The Engineering Drawings included a restoration plan on page 2 which shows the finished grade and the future land use as a small mulching operation. The landowner shall complete the restoration plan for the finished grade prior to the expiration of this permit. SECTION 4s, ADDITIONAL CONDITIONS: The landowner, in order to conduct the special use of sand mining on the property described in this Resolution and obtain the mining permit must comply with conditions as follows: (1) The landowner shall provide and maintain screening from the sand mining operation to adjacent residential properties in accordance with Section 20A -5.30(c)(5) of 3 i the Land Developlent Code. The landowner shall reestablish the existing berm to prevent access. The berm shall be 8 foot high and 50 feet in length on the west side of the property as part of landowner's screening of adjacent properties. (2) The landowner shall deliver written authorization permitting the sand mining operation on this property from the U.S. Fish and Wildlife Services to the Community Development Director prior to the commencement of its operation. (3) No motor vehicle shall be allowed to enter or exit on this property from Georgia Boulevard. (4) The landowner shall not permit stockpiling of any sand from the operation of this facility to exceed the highest point (32 feet mean sea level) in the mining area shown on the topographic survey (page 2 of the Engineering Drawings). (5) The landowner shall use Dixie Highway as its access route to the site. The landowner shall obtain approval from Indian River County to have access to Old Dixie Highway to conduct a sandmining operation. (6) The landowner shall provide a surety bond or a cashier's check in the amount of $11,070.00 to the City of Sebastian to ensure the compliance with the conditions of this permit, and an additional surety bond or cashier's check in the amount of $5,630.00 to the City of Sebastian 4 for restoration of the project area when the mining operation terminates. The surety bonds or cashier's checks shall be provided with a memorandum of understanding to the Director of Community Development prior to the commencement of the sand mining operation. (7) The landowner shall install permanent project boundary corners, with intermediate stakes at a minimum interval ' of three hundred (300) feet, and all limits of excavation shall be staked, marked and maintained with visible flags in the field, in accordance with the Engineering Drawings. (8) The landowner shall submit, on or before October 1, 1995, a written report in accordance with Section 20A - 5.30(d) (4 ) of the Land Development Code of the City of Sebastian. (9) The landowner in the operation of the sand mining facility shall be bound by the conditions of this Resolution and the Engineering Drawings as modified by this Resolution. SECTION 6s. EXCEPTION: The City of Sebastian hereby grants an exception to the 150 foot setback requirement under Section 20A - 5.03(c)(2) of the Land Development Code as the sand mining operation will not lower the elevation of the ground below the neighboring property. SECTION 7. MODIFICATION OF SPECIAL USE CONDITIONS FOR MULCHING: The City of Sebastian hereby modifies condition number 5 i 8 in the Resolution approving a special use permit to operate a tree recycling and mulching facility on this property. Condition number 8 is modified to delete the prohibition against sand mining. All other terms and conditions of condition number 8 shall remain in full force and effect. SECTION A. SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION lo._ EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was- moved for adoption by Councilmember .�?�Lz . The motion was seconded by Councilmember i and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. Oberbeck 6 The Mayor thereupon declared this Resolution duly passed and adopted this day of1995. CITY OF SEB'ASTIAN,, FLORIDA By: .� Arthur L. Firtion, Mayor ATTEST: - Kathryn . O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, r. City Attorney 7 TIME CERTIFICATE OF DEPOSIT Financial Institution: CITRUS BANK, N.A., SEBASTIAN Number: 200779 Account Name: CITY OF SEBASTIAN ESCROW FOR RICHARD FEY SSN/TIN: 06-1541367 Account Number Issue Date Deposit Amount Term Maturity Date 200779 January 24, 1996 $119070.00 12 Months January 24, 1997 Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 5.10% with an annual percentage yield of 5.18%. The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until January 24, 1997. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded quarterly and will be credited to the account quarterly. Interest on your account will be credited by adding the interest to the principal. If you withdraw funds prior to maturity, your interest rate for the entire balance will be for the tier that applies to the resulting balance. Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 (or 366 in leap year) for each day in the year. You must maintain a minimum balance of $1000.00 to obtain the disclosed annual percentage yield. Limitations: You must deposit $1,000.00 to open this account. You may not make additional deposits into this account. You may not deposit more than $1,000,000.00 to this account. As defined by account type. Time Account Information: Your account will mature on January 24, 1997. We reserve the right to redeem the account . If you withdraw any of the prt cipal before the maturity date we may impose a penalty of Certificates with maturities of one year or less will be subject to 30 day's interest penalty. Certificates with maturities of more than 12 months will be subject to 90 day's interest penalty. If you dose the account before interest is credited, you will not receive the accrued interest. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. This account will automatically renew. You will have 10 days. after the maturity date to withdraw funds without penalty. Account Fees: There is no service charge is certificate is left through maturity. The following fees apply to this account: Stop Payment — S20.00: Will be charged upon customer completing a stop payment authorization at the bank; Overdraft Fee(s)/NSF — $25.00 each: Any item appearing on the daily Deficit Balance Report will be charged regardless of whether a customer makes a deposit that day; Return Check(s) deposited will be charged at $4.00 each: Your account will be debited for the return item; Special statements — $3.00: This charge is per statement, per request; Account .research or checkbook balancing is available. The charge for this service is $25.00 per hour: There is a minimum charge of one hour for account research; Photocopy of an item: $3.00 per page; Removal of an item from files: $3.00 each; Fax of an item: S3.00 each; Dormant Accounts: $5.00 per statement cycle; Foreign Drafts: $25.00 each; Cashier's Check: $3.00 each (customer); Money Order: $1.50 each (customer); Incoming Wires: $7.00 each (customer); Outgoing Wires: $14.00 each (customer); Foreign Wires: $45.00 each (customer); Traveler's Checks: $1.00 per $100 purchased; Outgoing Collections: $10.00 (customer only); Incoming Collections: $5.00 ;customer only); Outgoing Coupon Collections: $10.00 (customer); and Credit reporting: The undersigned also agree(s) to authorize Citrus Bank to verity and exchange their credit and account information through credit reporting agencies. Member Signal and Title of Authorized Ft Signer NON TRANSFERABLE - NON NEGOTIABLE FDIC TIME CERTIFICATE OF DEPOSIT AGREEMENT - CERTIFICATE 12 TO 23 MONTHS We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that are specific to our Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the Deposit Amountyindicated, and has aggreed to keep the funds on deposit until the Maturity Date. As used in this Agreement, the words "you", our" or "yours" mean the Account Holder(s), the word "Account" means this Time Deposit Account and the word "Agreement" means this Time Cern tate of Deposit Agreement, and the words "we", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of j foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records. IISSUE DATE. If you open a time certificate of deposit account with us after 2:00 PM on a business day that we are open, we will consider that the transaction was made at the opening of the next business day for issue date and effective date purposes. INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is ! based upon the interest accrual basis described above. AUTOMATIC RENEWAL POLI C i . If the Account will automatically reiie as described Above, the principal amount and all raid earned interest that ' has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original deposit term. Interest on fI renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. deposit wish to withdraw ! funds from your Account, you must notify us during the grace period after the Maturity Date. EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if granted, the penalty as specified above will apply. Minimum Required Penalty. The Minimum Required Penalty is equal to seven (7) days' simple interest. If an amount in excess of the Minimum Required Penalty is specified, the early withdrawal penalty will be calculated as a forfeiture of part of the accrued interest that has or would be earned on the Account. If your Account has not yet earned enough interest so that the penalty can be deducted from earned interest, or if the interest already has been paid, the difference will be deducted from the principal amount of your Account. Exceptions. We may allow the withdrawal of all or part of your Account before the Maturity Date without imposing an early withdrawal penalty in the following circumstances: (1) one or more of you dies or is determined legally incompetent by a court or other administrative body of competent jurisdiction; (2) where the Account is an Individual Retirement Account (IRA) and any portion is paid within seven (7) days after establishment; or where the Account is a Keogh Plan (Keogh), provided that you forfeit an amount at least equal to the interest earned on the amount withdrawn; or where the Account is an IRA or Keogh and you attain age 59 1/2 or become disabled; or (3) within an applicable grace period (if any). Pae 1 of 2 \ DEPOSIT PRC R.•.I U.S- Fal. a T.7A. Cw. Ver. 7.041 ;C I39u .FI ProServreti. Inc. All Rignis Reserved. FL • 1760 RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff against this and any and all of your Accounts (except IRA, Keogh plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, or other obligations. OTHER ACCOUNT RULES. The following rules also apply to the Account. Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close your Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us harmless from liability, prior to our honoring your withdrawal or request. Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that we may hold the funds in your Account until we have received all required documentation and instructions. Indemnity. If you ask us to follow instructions that we believe might expose us to any claim, liability or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnity us. Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations secured by your Account are satisfied. SURRENDER OF TIME CERTIFICATE OF DEPOSIT CD # 200779 This certificate is hereby surrendered. Date: Number of Signers Required: Any one (1) of the Authorized Signers(s) shown below. I ACCOUNT HOLDER: CITY OF SEBASTIAN ESCROW FOR RICHARD FEY By: RICHARD R FEY, President i Pace 2 of DEPOSIT PRO. Rog. U.S. Psi. t T.M. OFF.. Vo►. 7.040 (e) 1096 CFI Pro9srvless. Inc. All Rights Rsssrvo0. FL - 1.760 CITRUS BANK, NATIONAL ASSOCIATION 111NIE CERTIFICATE OF DEPOSIT Financial Institution: CITRUS BANK, N.A., SEBASTIAN Number: 200780 Account Name: CITY OF SEBASTIAN ESCROW FOR RICHARD FEY SSN/TIN: 06-1541367 Account Number Issue Date Deposit Amount Terns Maturity Date 200780 January 24, 1996 $59630.00 12 Months January 24, 1997 Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 5.08% with an annual percentage yield of 5.16%. The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until January 24, 1997. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded quarterly and will be credited to the account quarterly. Interest on your account will be credited by adding the interest to the principal. If you withdraw funds prior to maturity, your interest rate for the entire balance will be for the tier that applies to the resulting balance. Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 (or 366 in leap year) for each day in the year. You must maintain a minimum balance of $1000.00 to obtain the disclosed annual percentage yield. Limitations: You must deposit $1,000.00 to open this account. You may not make additional deposits into this account. You may not deposit more than $1,000,000.00 to this account. As defined by account type. Time Account Information: Your account will mature on January 24, 1997. We reserve the right to redeem the account . If you withdraw any of the principal before the maturity date we may impose a penalty of Certificates with maturities of one year or less will be subject to 30 day's interest penalty. Certificates with maturities of more than 12 months will be subject to 90 day's interest penalty. If you close the account before interest is credited, you will not receive the accrued interest. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. This account will automatically renew. You will have 10 days. after the maturity date to withdraw funds without penalty. Account Fees: There is no service charge is certificate is left through maturity. The following fees apply to this account: Stop Payment — $20.00: Will be charged upon customer completing a stop payment authorization at the bank; Overdraft Fee(s)/NSF — $25.00 each: Any item appearing on the daily Deficit Balance Report will be charged regardless of whether a customer makes a deposit that day; Return Check(s) deposited will be charged at $4.00 each: Your account will be debited for the return item; Special statements — $3.00: This charge is per statement, per request; Account *research or checkbook balancing is available. The charge for this service is $25.00 per hour. There is a minimum charge of one hour for account research; Photocopy of an item: $3.00 per page; Removal of an item from files: $3.00 each; Fax of an item: $3.00 each; Dormant Accounts: $5.00 per statement cycle; Foreign Drafts: $25.00 each; Cashier's Check: $3.00 each (customer); Money Order: $1.50 each (customer); incoming Wires: $7.00 each (customer); Outgoing Wires: $14.00 each (customer); Foreign Wires: $45.00 each (customer); Traveler's Checks: $1.00 per $100 purchased; Outgoing Collections: $10.00 (customer only); Incoming Collections: $5.00 (customer only); Outgoing Coupon Collections: $10.00 (customer); and Credit reporting: The undersigned also agree(s) to authorize Citrus Bank to verify and exchange their credit and account information through credit reporting agencies. Member Signal anaTitle of Authorized Fi ial tnstitut'on Signer NON TRANSFERABLE —NON NEGOTIABLE FDIC !U� TIME CERTIFICATE OF DEPOSIT AGREEMENT — CERTIFICATE 12 TO 23 MONTHS We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that are specific to your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the Deposit Amount indicated, and has agreed to keep the funds on deposit until the Maturity Date. As used in this Agreement, the words "you", "your" or "yours" mean the Account Holder(s), the word "Account" means this Time Deposit Account and the word "Agreement" means this Time Certificate of Deposit Agreement, and the words "we", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records. ISSUE DATE. If you open a time certificate of deposit account with us after 2..00 PM on a business day that we are open, we will consider that the transaction was made at the opening of the next business day for issue date and effective date purposes. INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is based upon the interest accrual basis described above. AUTOMATIC RENEWAL POLICY. it the Account will automaticaiiy renew as descnbed above, the principal amount and aii paid earned interest that has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original depposit term. Interest on renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw funds from your Account, you must notify us during the grace period after the Maturity Date. EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if granted, the penalty as specified above will apply. Minimum Required Penalty. The Minimum Required Penalty is equal to seven (7) days' simple interest. If an amount in excess of the Minimum Required Penalty is specified, the early withdrawal penalty will be calculated as a forfeiture of part of the accrued interest that has or would be earned on the Account. If your Account has not yet earned enough interest so that the penalty can be deducted from earned interest, or if the interest already has been paid, the difference will be deducted from the principal amount of your Account. Exceptions. We may allow the withdrawal of all or part of your Account before the Maturity Date without imposing an early withdrawal penalty in the following circumstances: (1) one or more of you dies or is determined legally incompetent by a court or other administrative body of competent jurisdiction; (2) where the Account is an Individual Retirement Account (IRA) and any portion is paid within seven (7) days after establishment; or where the Account is a Keogh Plan (Keogh), provided that you forfeit an amount at least equal to the interest earned on the amount withdrawn; or where the Account is an IRA or Keogh and you attain age 59 1/2 or become disabled; or (3) within an applicable grace period (if any). ! s ;RIA •2^+ - a.v t2 i2 Page 1 of 2 I OEPOSIT PRO. Reg, U.S. Pat. * T.M. OFF.. Ver. 7.04C (Cl 1996 CFI PrOServices. Inc. Ail Rights Reserved. FL - L760 CURTIS ICCC RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff against this and any and all of your Accounts (except IRA. Keogh ; plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, or other obligations. OTHER ACCOUNT RULES. The following rules also apply to the Account. Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close your Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us harmless from liability, prior to our honoring your withdrawal or request. Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that we may hold the funds in your Account until we have received all required documentation and instructions. Indemnity. If you. ask us to follow instructions that we believe might expose us to any claim, liability or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnity us. Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations secured by your Account are satisfied. SURRENDER OF TIME CERTIFICATE OF DEPOSIT CD # 200780 This certificate is hereby surrendered. Number of Signers Required: Any one (1) of the Authorized Signers(s) shown below. ACCOUNT HOLDER: CITY OF SEBASTIAN ESCROW FOR RICHARD FEY Date: DEPOSIT PRO. Rip. U.S. PII. i T.M. OFF.. Ver. l.Gle (q 19" CI'I ProSor"e*t. IM. All a,Jnn Nw1I1`V.3 ILL . L' o CITRUS BANK, NATIONAL ASSOCIATION L I TREE SERVICE, INC. Rl&ard Fey & Sons P O Box 0936 Roseland, Florida 32957 January 26, 1996 Mr Joel Koford City Manager City of Sebastian Main Street Sebastian, Florida Re: Inspection of Old Dixie Highway, Sebastian Resolution 95-09 Dear Mr. Koford This letter represents that I am in compliance of Resolution 95-09 (Old Dixie Sand Mine), as of Friday, January 29, 1996 at 1.5lpm. `Ip If I do not hear from you by Monday, January 29, 1996 at 9.00am, this letter will confirm that I can now proceed with the sand removal. Thank you. Yours sincerely, Richard Fey cc: State Attorney's Office Bruce Barkett, Esq. Norman Green, Esq. aount Holder Name(s): CITY OF SEBASTIAN Reporting SSNMN: 06-1541367 Mailing Address: P.O. BOX 936 City, State, Zip Code: ROSELAND, FL 32957 Street Location: 1623 N U.S. HWY #1, STE A, SEBASTIAN, FL 32958 Street Number. Worts #: (407) 589-6660 (Signatures and printed names of each account signer) 'he authorized Agent(s) signing above agree(s). that the Corporation's Accounts) will be governed by the terms set forth in the Account Agreement and Disclosure. the Rate and Fee Schedule. the Time Certificate of Oeposit Agreement (if applicablaX the Funds Availability Policy Disclosure and the Electronic Funds Transfer Agreement and Disclosure if requested above, as amended by the Financial Institution from time to time. The authorized Agent(s) also acknowledge that they have received at least one copy of these account documents. The Authorized Slgner(s) understand(s) accounts opened after 2:00 PM are dated effective the next business 'Jay. Account Purpose: Non Consumer EFT Services: No CORPORATION TYPE: Corporation For Profit Reporting SSN/TIN: ACCOUNT TYPE CERTIFICATE 12 TO 23 MONTHS OPENED BY DRS ACCOUNT NUMBER 200779; CD # 200779 OFFICER 007 Date Opened Date Revised Opening Deposit Street Location: Verified By Account Formerly With Work #: (407) S89-6660 Number of Signatures R 1$11,070.00 Cara 1 I Individuals 01-24-96 N CHEX SYSTE Date Closed Closing Balance Closed By Reason For Closing Statement Seance Chg Disposition Disposition Mail Regular 0EPo51T PRO. Req. U.S. Psi. i T.M. OFF- ver. 7.04c (q woe Cn ProSerWM est. An Rlgiits Reserv" FL - L70f = CITRUS BANK, N.A. ACCOUNT NUMBER 200779 Account Holder Name(s): CITY OF SEBASTIAN Reporting SSN/TIN: 06-1541367 Mailing Address: P.O. BOX 936 City, State, Zip Code: ROSELAND, FL 32957 Street Location: 1623 N U.S. HWY #1, STE A, SEBASTIAN, FL 32958 Telephone Number. Work #: (407) S89-6660 Number of Signatures R it : 1 CIF Number: 003386 Signatures of Authorized Individuals The following information may be used to further identify individuals for telephone instructions, large transactions, or if a signature varies. MMN=Mother's Maiden Name Name: SSN: Street: Mailing: Phone: (H): (W): Job: DOB: ID: MMN: Name: SSN: Street: Mailing: Phone: (H): (W): Job: DOB: ID: MMN: TIN/BACKUP WITHHOLDING Reporting TIN: 06-1541367 Important: Under penalties of perjury, I certify that the number shown above is my correct taxpayer identification number and that (check appropriate box): ® I am not subject to backup withholding, because I am exempt from backup withhoidin_g, or because_ I have not been notified by the IRS that I am subject to backup iAhhclding as a result of failure to report all Interest or dividends, or because the IRS has notified me that I am no longer subject to backup withholding. ❑ I am subject to backup withholding. ❑ I am not a United States citizen or resident. Signature of Authorized Individual: X- Ag� �i; Richard -; y The following information may be used to further Identity individuals for telephone instructions, large transactions, or if a signature varies. MMN=Mother's Netden Name Name: SSN: Street: Mailing: Phone: (H): (W): Job: DOB: ID: MMN: Name: SSN: Street: Mailing: Phone: (H): (W): Job: DOB: ID: MMN: TINIBACKUP WITHHOLDING Reporting TIN: 06-1541367 Important: Under penalties of perjury, I certify that the number shown above is my correct taxpayer identification number and that (check appropriate box): ® 1 am not subject to backup withholding, because I am exempt from backup withholding, or because I have not been notified by the IRS that I am subject to backup -withholding -as a result of failure to report all interest or dividends. -or because the IRS has notified me that I am no longer subject to backup withholding. ❑ 1 am subject to backup withholding. ❑ I am not a United States citizen or resident. Signature of Authorized Individual: x Richard Fay BANK, N.A. Holder Name(s): CITY OF SEBASTIAN Reporting SSNMN: 06-1541367 Mailing Address: P.O. BOX 936 City, State, Zip Code: ROSELAND, FL 32967 Street Location: P.O. BOX 936, ROSELAND, FL 32957 elephone Number. Work #: (407) 589-6660 (Signatures and printed names of each account signer) The authorized Agent(s) signing above agree(sL that the Corporation's Account(s) will be governed by the terms set forth in the Account Agreement and Disclosure. the Rate and Fee Schedule, the Time Certificate of Deposit Agreement (If appllcablo� the Funds Availability Policy Disclosure and the Electronic Funds Transfer Agreement and Disclosure if requested above, as amended by the Financial Institution from time to time. The authorized Agent(a) also acknowledge that they have received at least one copy of these account documents. The Authorized Slgner(s) understand(s)accounts opened after 200 PM are dated offective the next business aay. Onrnttrtt Pttmnca• Unn rnnettmnr r-•ci Cert.iweB• ILw CORPORATION TYPE: Co oration For Profit ACCOUNT TYPE CERTIFICATE 12 TO 23 MONTHS OPENED BY CBA ACCOUNT NUMBER 2x0780' CD # 200780 OFFICER 007 Date Opened Date Revised Opening Deposit ATM ,Verified By Account Formerly With P.O. BOX 936, ROSELAND, FL 32957 Telephone Number 1$61630.00 Card i d: 1 CIF Number, 003386 -- - 01-24-96 Individuals- - - - N CHEX SYSTE Date Closed Closing Balance Closed By Reason For Closing StatementService Chg Disposition Disposition Mail DEPOSIT PRO. Ry. U.S. Pal. t TJI. OFF, Ver. 7.0ee (e) tM On ProSerw*9. lite. AN Rlpte R"orvea 11- L?=M CiTRI lS ReMK_ N A ACCOUNT NUMBER 966726 Account Holder Name(s): CITY OF SEBASTIAN Reporting SSNMN: 06-1541367 Mailing Address: P.O. BOX 936 City, State, Zip Code: ROSELAND, FL 32957 Street Location: P.O. BOX 936, ROSELAND, FL 32957 Telephone Number Work #: (407) 589-6660 Number of Signatures R i d: 1 CIF Number, 003386 -- - . n t res of Authorized Individuals- - - - L I TREE SERVICE, INC. Richard Fey & Sons P.O. BOX 0936 Roseland, Florida 32957 January 29,1996 oFFNYO Mr Joel Koford 1a City Manager City of Sebastian Ap Main Street Sebastian, Florida Dear Mr Koford / S� Enclosed herewith, please find Certificate Number 200780, which is hereby delivered to the City of Sebastian pursuant to the requirement to the Resolution 95-09. Yours sincerely, Richard Fey enc. i TIME CERTIFICATE OF DEPOSIT Financial Institution: CITRUS BANK, N.A., SEBASTIAN Number: 200779 Account Name: CITY OF SEBASTIAN SSN/TIN: 06-1541367 Account Number Issue Date Deposit Amount Term Maturity Date 200779 January 24, 1996 $119070.00 12 Months January 24, 1997 Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 5.10% with an annual percentage yield of 5.18%. The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until January 24, 1997. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded quarterly and will be credited to the account quarterly. Interest on your account will be credited by adding the interest to the principal. If you withdraw funds prior to maturity, your interest rate for the entire balance will be for the tier that applies to the resulting balance. Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 (or 366 in leap year) for each day in the year. You must maintain a minimum balance of $1000.00 to obtain the disclosed annual percentage yield. Limitations: You must deposit $1,000.00 to open this account. You may not make additional deposits into this account. You may not deposit more than $1,000,000.00 to this account. As defined by account type. Time Account Information: Your account will mature on January 24, 1997. We reserve the right to redeem the account . If you withdraw any of the principal before the maturity date we may impose a penalty of Certificates with maturities of one year or less will be subject to 30 day's interest penalty. Certificates with maturities of more than 12 months will be subject to 90 day's interest penalty. If you close the account before interest is credited, you will not receive the accru-d interest. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. This account will automatically renew. You will have 10 days. after the maturity date to withdraw funds without penalty. Account Fees: There is no service charge is certificate is left through maturity. The following fees apply to this account: Stop Payment - $20.00: Will be charged upon customer completing a stop payment authorization at the bank; Overdraft Fee(s)/NSF - $25.00 each: Any item appearing on the daily Deficit Balance Report will be charged regardless of whether a customer makes a deposit that day; Return Check(s) deposited will be charged at $4.00 each: Your account will be debited for the return item; Special statements - $3.00: This charge is per statement, per request; Account research or checkbook balancing is available. The charge for this service is $25.00 per hour: There is a minimum charge of one hour for account research; Photocopy of an item: $3.00 per page; Removal of an item from files: $3.00 each; Fax of an of item: $3.00 each; Dormant Accounts: $5.00 per statement cycle; Foreign Drafts: $25.00 each; Cashier's Check: $3.00 each (customer); Money Order: $1.50 each (customer); Incoming Wires: $7.00 each (customer); Outgoing Wires: $14.00 each (customer); Foreign Wires. $45.00 each (customer); Traveler's Checks: $1.00 per $100 purchased; Outgoing Collections: $10.00 (customer only); Incoming Collections: $5.00 (customer only); Outgoing Coupon Collections: $10.00 (customer); and Credit reporting: The undersigned also agree(s) to authorize Bank to verity and exchange their credit and account information through credit reporting agencies. Member Signature and Title of ized Financial Ins n Signer NON TRANSFERABLE - NON NEGOTIABLE FDIC TIME CERTIFICATE OF DEPOSIT AGREEMENT - CERTIFICATE 12 TO 23 MONTHS We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that are specific to your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the Deposit Amount indicated, and has agreed to keep the funds on deposit until the Maturity Date. As used in this Agreement, the words "you", "your" or "yours" mean the Account Holder(s), the word "Account" means this Time Deposit Account and the word "Agreement" means this Time Certificate of Deposit Agreement, and the words "we", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records. ISSUE DATE. If you open a time certificate of deposit account with us after 2:00 PM on a business day that we are open, we will consider that the transaction was made at the opening of the next business day for issue date and effective date purposes. INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is based upon the interest accrual basis described above. AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above, the principal amount and all paid earned interest that has not been withdrawn will automatically renew on each Matunty Date far an identical period of time as the original deposit term. Interest on renewed accounts will be calculated at the Interest rate then in effect for time deposits of that Deposit Amount and term. P yoy wish to withdraw funds from your Account, you must notify us during the grace period after the Maturity Date. EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if granted, the penalty as specified above will apply. Minimum Required Penalty. The Minimum Required Penalty Is equal to seven (7) days' simple interest. If an amount in excess of the Minimum Required Penalty is specified, the early withdrawal penalty will be calculated as a forfeiture of part of the accrued interest that has or would be earned on the Account. If your Account has notet earned enough interest so that the penalty can be deducted from earned interest, or if the interest already has been paid, the difference will be deducted from the principal amount of your Account. Exceptions. We may allow the withdrawal of all or part of your Account before the Maturity Date without imposing an early withdrawal penalty in the following circumstances: (1) one or more of you dies or is determined legally incompetent by a court or other administrative body of competent jurisdiction; (2) where the Account is an Individual Retirement Account (IRA) and any portion ispaid within seven (7) da after establishment; or where the Account is a Keogh Plan (Keogh), provided that you forfeit an amount at least equal to the interest earned on the amount withdrawn; or where the Account is an IRA or Keogh and you attain age 59 112 or become disabled; or (3) within an applicable grace period (if any). OEPCSIT PAC. Re•7- U.S. Pat. i T.M. CFF., ver. 7.0ec (q 1996 CFI Pr*Servtces. UK. AN Rights Reserve0. FL - L760 FORM 1201 - Rev 12'92 CURns 1000 RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff against this and any and all of your Accounts (except IRA, Keogh plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, or other obligations. OTHER ACCOUNT RULES. The following rules also apply to the Account. Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close your Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us harmless from liability, prior to our honoring your withdrawal or request. Death of Account Halder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that we may hold the funds in your Account until we have received all required documentation and instructions. Indemnity. If youask us to follow instructions that we believe might expose us to an claim, liability or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnity us. Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations secured by your Account are satisfied. SURRENDER OF TIME CERTIFICATE OF DEPOSIT CD # 20OT79 This certificate is hereby surrendered. Date: Number of Signers Required: Any one (1) of the Authorized Signers(s) shown below. ACCOUNT HOLDER: CITY OF SEBASTIAN By: By: RICHARD R FEY, President RICHARD FEY, President i Pace 2 -of DEPOSIT PRO. Rag. U.S. Pat. A T.M. OFF_ Var. 7.04t: CC) t906 CFI PrOSarvttaa. Inc, AtI Roghtf Raf*rvl0 FL - L760 CITRUS BANK, NATIONAL ASSOCIATION L I TREE SERVICE, INC. Richard Fey & Sons P.O. BOX 0936 Roseland, Florida 32957 January 29, 1996 Mr Joel Koford City Manager City of Sebastian Main Street Sebastian, Florida Dear Mr Koford Enclosed herewith, please find Certificate Number 200780, which is hereby delivered to the City of Sebastian pursuant to the requirement to the Resolution 95-09. Yours sincerely, Richard Fey enc. Y = , w4 TIME CERTIFICATE OF DEPOSIT Financial Institution: CITRUS BANK, N.A., SEBASTIAN Number: 200780 Account Name: CITY OF SEBASTIAN SSN/TIN: 06-1541367 Account Number Issue Date Deposit Amount Term Maturity Date 200780 January 24, 1996 $59630.00 12 Months January 24, 1997 Rate Information: This account is an interest bearing account. The interest rate paid on the entire balance in the account will be 5.08% with an annual percentage yield of 5.16%. The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until January 24, 1997. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded quarterly and will be credited to the account quarterly. Interest on your account will be credited by adding the interest to the principal. If you withdraw funds prior to maturity, your interest rate for the entire balance will be for the tier that applies to the resulting balance. Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 (or 366 in leap year) for each day in the year. You must maintain a minimum balance of $1000.00 to obtain the disclosed annual percentage yield. Limitations: You must deposit $1,000.00 to open this account. You may not make additional deposits into this account. You may not deposit more than $1,000,000.00 to this account. As defined by account type. Time Account Information: Your account will mature on January 24, 1997. We reserve the right to redeem the account . If you withdraw any of the principal before the maturity date we may impose a penalty of Certificates with maturities of one year or less will be subject to 30 day's interest penalty. Certificates with maturities of more than 12 months will be subject to 90 day's interest penalty. If you close the account before interest is credited, you will not receive the accrued interest. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. This account will automatically renew. You will have 10 days. after the maturity date to withdraw funds without penalty. Account Fees: There is no service charge is certificate is left through maturity. The following fees apply to this account: Stop Payment — $20.00: Will be charged upon customer completing a stop payment authorization at the bank; Overdraft Fee(s)/NSF — $25.00 each: Any item appearing on the daily Deficit Balance Report will be charged regardless of whether a customer makes a deposit that day; Return Check(s) deposited will be charged at $4.00 each: Your account will be debited for the return item; Special statements — $3.00: This charge is per statement, per request; Account research or checkbook balancing is available. The charge for this service is $25.00 per hour: There is a minimum charge of one hour for account research; Photocopy of an item: $3.00 per page; Removal of an item from files: $3.00 each; Fax of an item: $3.00 each; Dormant Accounts: $5.00 per statement cycle; Foreign Drafts: $25.00 each; Cashier's Check: $3.00 each (customer); Money Order: $1.50 each (customer); Incoming Wires: $7.00 each (customer); Outgoing Wires: $14.00 each (customer); Foreign Wires: $45.00 each (customer); Traveler's Checks: $1.00 per $100 purchased; Outgoing Collections: $10.00 (customer only); Incoming Collections: $5.00 (customer only); Outgoing Coupon Collections: $10.00 (customer); and Credit reporting: The undersigned also agree(s) to authorize Citrus Bank to verity and exchange their credit and account information through credit reporting agencies. NON TRANSFERABLE — NON NEGOTIABLE Member FDIC Signature and T f Authorized Fin I Institut Signer TIME CERTIFICATE OF DEPOSIT AGREEMENT — CERTIFICATE 12 TO 23 MONTHS We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that are specific to your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the Deposit Amount indicated, and has agreed to keep the funds on deposit until the Maturity Date. As used in this Agreement, the words 'you". 'your" or "yours" mean the Account Hotder(s), the word "Account" means this Time Deposit Account and the word "Agreement" means this Time Certificate of Deposit Agreement, and the words a", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records. ISSUE DATE. If you open a time certificate of deposit account with us after 2.:00 PM on a business day that we are open, we will consider that the transaction was made at the opening of the next business day for issue date and effective date purposes. INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is based upon the interest accrual basis described above. AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above, the principal amount and all paid earned interest that has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original deposit term. Interest on renewed accounts will be calculated at the interest rate then in effect for time deposits of that Deposit Amount and term. If you wish to withdraw funds from your Account, you must notify us during the grace period after the Maturity Date. EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if granted, the penalty as specified above will apply. Minimum Required Penalty. The Minimum Required Penalty is equal to seven (7) days' simple interest. If an amount in excess of the Minimum Required Penalty is specified, the early withdrawal penalty will be calculated as a forfeiture of part of the accrued interest that has or would be earned on the Account. If your Account has not yet earned enough interest so that the penalty can be deducted from earned interest, or if the interest already has been paid, the difference will be deducted from the principal -'amount of your Account. Exceptions. We may allow the withdrawal of all or part of your Account before the Maturity Date without imposing an early withdrawal penalty in the following circumstances: (1) one or more of you dies or is determined legally incompetent by a court or other administrative body of competent jurisdiction; (2) where the Account is an Individual Retirement Account (IRA) and any portion is paid within seven (7) dayyss after establishment; or where the Account is a Keogh Plan (Keogh), provided that you forfeit an amount at least equal to the interest earned on the amount withdrawn; or where the Account is an IRA or Keogh and you attain age 59 1/2 or become disabled; or (3) within an applicable grace period (if any). DEPCSIT FRL. t:.y V S. 041.. T.M wr . '+dr 7.04c ;c; M96 CFI PreStrvicfs. Inc. AO Righvi R*s.rvel FL • L760 FORM 1201 - Re. 12.92 CURTIS 1000 - RIGHT OF SETOFF. Subject to applicable law, we may exercise our right of setoff against this and any and all of your Accounts (except IRA, Keogh plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, or other obligations. OTHER ACCOUNT RULES. The following rules also apply to the Account. Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close K Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us harmless from liability, prior to our honoring your withdrawal or request. Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that we may hold the funds in your Account until we have received all required documentation and instructions. Indemnity. If you ask us to follow instructions that we believe might expose us to anclaim, liability or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemni� us. Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations secured by your Account are satisfied. SURRENDER OF TIME CERTIFICATE OF DEPOSIT CD # 200780 This certificate is hereby surrendered. Date: I Number of Signers Required: Any one (1) of the Authorized Signers(s) shown below. ACCOUNT HOLDER: CITY OF SEBASTIAN ESCROW FOR RICHARD FEY By:RI HARD R FEY, President of CITY OF SEBASTIAN ESCROW FOR RICHARD FEY I CITY OF SEBASTIAN I I I I Pane 2 of2 ! OEPOSIT PRO. Rep. U.S. Pel. t T.M. Oft.. VN. 7.O4t Co 1996 CF1 ProServua. Inc. A0 R*0nlf Referve0. Fl - 040 CITRUS BANK, NATIONAL ASSOCIATION ..t 4'02-01-96 09:23AM FROM POTTERACCLELLAND TO SEBASTIAN CITY , -r L.w 0)-F1cL".: cor rr%TTF' . Ntr-rr F.t T *xn. M HMS 8C HEALY. P..44. W11.1 1 A-4 i'• FC'TTFR 97LIFT0% A. ?tct LIPL- LA -40. Jif. D0q:0LA9 D. ARK:i PATRICK F. HLAL1• T:MOT21Y 31: WILUMMF HAnny A. aos LS Ur c4oux*&L DATE: TO: FROM: RE: PO1 117f1.1 t�ici� .ATA .rt1:L:.:��•. i'1'i r FG2s :.Fylcz Bvx �L•��� FACSIMILE COVER SHEET �zsatR� s. FLORID,& 0.12902-2523 (4,07) 98,6- 2700 REPLY TOi MZJ6b01 h0Z FAX. 14o:) 7,23•40¢3 200 BRCV^RD VENUE COCOA. FLORIDA 32922 (;07) 634 - SO11 HARD COPY WILL BE MAILED: ( ) YES ( 4',,- ) NO XQTICE OF CONFIDENZ ALI_ The information contained in this facsimile message is intended only for the personal and confidential use of the designated recipients named above. This message may be attorney-client communication, and as such is'privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution or copying' of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us by mail at our expense. Thank you. PLEASE DELIVER THIS TELECOPY OF PAGES, (INCLUDING THIS COVER SHEET) AS SOON AS POSSIBLE$ SPECIAL INSTRUCTIONS: IF THERE IS ANY PROBLEM WITH THIS TRANSMISSION, PLEASE CALL 407-984-2700. THANK YOU. .1 0, 09:23AM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY Ler► Ormcas or FOTTEB, MCCLELLA'D, X&RES & HEdLY, F. P02 WkLLL&M C. PGWZR FIRST UNION BArt BU2=1 T0. $=TX 600 CLUTON A. H0CLxLL&", Js. 700 SOCTn EAnCOCE STUXXT PAMcs F. Bass POST 0MCZ BOX 2520 TA[o:zY K WILLu ms Mai aovaxa. FLOV=A :3:2908-2523 NA=T A. JONES OW COUN68L %UWTx To.. XWAOUWZ Fu: (407) 723-4002 200 BasVAla AVS January 31, 1996 corn.. FLoBsnA 32922 (407) 634.5011 VIA Mail and Fax Bruce Barkett Collins, Brown, Caldwell, Barkett, Rossway, Garavaglia & Moore 979 Beachland Boulevard Vero Beach, Florida 32963 Re: Richard Fey/Sand Mining Dear Mr. Barkett: This will confirm our conversation of Friday, January 26th concerning the Bonding requirement® under Resolution 95-09 of the City of Sebastian for the Richard Fey mining permit. A Time Certificate of Deposit was faxed to my office showing Citrus Bank as the institution with an account in the name of City of Sebastian Escrow for Richard Fey. Our office indicated to you that we would recommend any of three mechanisms for Mr. Fey to comply with the Resolution as follows: 1. Mr. Feycould post a surety bond with an acceptable surety company naming the City as the beneficiary. The bond would be in the classic bond form for the City. 2. A cash bond could be posted with the City to insure compliance with the resolution requirements. 3. A Certificate of Deposit could be furnished the City and approved by the City Manager and our office. The Certificate of Deposit would need to be in the name of the City with the City having the right to cash the C.D. upon notice to Mr. Fey. The C.D. furnished our office by Mr. Fey does not indicate that the City is the authorized signatory on the C.D. There is also a set-off clause that would need to be eliminated to insure the C.D. could not be set-off against a debt of Richard Fey. `02-01-96 09:23AM FROM POTTER,MCCLELLAND TO SEBASTIAN CITY P03 You inquired about an Escrow Agreement on the Certificate of Deposit and our office indicated that an Escrow Agreement is permissible, but would require City Council approval to bind the City. If you have any questions, please call me. Very truly yours, COA�= OL.�� • Clifton A. McClelland, Jr. CAM : inch cc: George sonacci JAN -29-1996 1544 COLLINS BROWN & CALDWELL 407 2345213 P.01i01 Coflim, Brown, WiWA "ett, Ros3wa , GaravagL & Moore CHAaTEM, MJ= D. 0^004=rr CAA -VW O. 1MOWN %VUJJ ,r W. CAL1yW®i. KOCNA6. J. GARAVAGUA JOFW P PROM W-- BRACLEV W. ieosswAY '0Q4RD CZWrrU-IW PEAL ESTATE LAWYER —ALB0 ADMTTW IN TIS Cf97 MC I Cr C LWAg" January 29, 1996 Mr. George Bonacci Building Official City of Sebastian 1225 Main Street Sebastian, Florida 32958 ATTORNEY" AT UAW M BE/ACHLAND ackm VAm Vatm SBAcm. FL01WA mam Re: Richard Fey/Sand Mining Dear Mr. Bonacci: 407 -?91-43a RAX 4W -M4.5219 I refer you to my letter of January 9,r 1996. PL=A=;UWw Tp; DOBr err= == a= VEM aGay, P%JOQMa M860 I reviewed your January 29 letter to Richard Fey. What is your authority to order a cease and desist of a sand raining operation, absent an order from your Code Enforcement Board or from a court? You have an established procedure to address code enforcement matters, and you have, after notice, attempted to bypass that proceeding. This is in direct violation of Mr. Fey's rights under the Constitutions of the United States, the State of Florida, and of his rights under the Florida Statutes and of your own City ordinances. If I do not hear from you by 5 p.m. today citing your authority for your letter of this date, I will notify my client to proceed with the sand mining. If you attempt any enforcement action, we will be in court and you will be named personally, along with your City Manager, and the City of Sebastian, in a lawsuit, not only for violation of Mr. Fey's rights under the sand mining permit, but for violation of his constitutional rights. Very truly yours, Bruce Barkett BB:bh TOTAL P.01 City of Sebastian 1225 MAIN STREET [I SEBASTIAN, FLORIDA 32958 TELEPHONE (561 ) 589-5330 0 FAX (561 ) 589-2566 MEMORANDUM e e...-Gac_ r- 4 --q% RECEIVED AAT 2 1199i emman OFECE DATE: May 1, 1997 TO: Ms. Kay O'Halloran, City Clerk THROUGH: Mr. Thomas Frame, City Manager 4,,.-4 FROM: Mr. Robert J. Massarelli, Community Development Director" �- SUBJECT: Fey Sand Mine Performance Bonds On February 22, 1995, the City approved a special use permit to Mr. Richard Fey for a sand mine on Old Dade Highway. One of the conditions for the special use permit was a requirement that Mr. Fey provide a surety bond or cashiers check in the amount of $11,070 to the City to ensure compliance with the conditions of the permit and an additional surety bond or cashiers check in the amount of $5,630 for restoration of the project area when the mine operation terminates. On January 29, 1996, Mr. Fey provided two time certificates of deposit in the in the proper amount Mr. Fey has notified the City that he has completed the sand mine operation. It is therefore requested that the Time Certificate of Deposit in the amount of $11, 070 be returned to Mr. Fey. The second Time Certificate of Deposit is for the required restoration of the project. The site plan requires the site to be completed at an elevation of 2E eft. msl„ seeded and the side slopes mulched with hay. I have required Mr. Fey to provide a survey showing that the site was completed to the required elevation and for the site to be seeded and mulched. That certificate should not be released at this time. q 1 �; . �..si.c. 7.�% �,� ns =moi e' C -r'*) -:ti- Zc�a-7 -i ! I City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 June 12, 1998 Mr. Richard Fey L.I. Tree Service, Inc. P.O. Box 0936 Sebastian, Florida 32958 Dear Mr. Fey: In response to your request to release your restoration bond on the sand mine located off Old Dixie Highway, you recall that we both went together to view the site. At that time, I told you that the slopes of the banks needed to be graded to insure that a 3:1 slope was established which was part of the restoration requirements. I noted as of Wednesday, June 3, 1998, that no additional worked had been performed to grade the banks to a 3:1 slope. The bond may not be released until you have complied with the restoration requirements. When we were present at the sand mine site, it became evident that while there may not have been grass resulting from seeding, there was ground cover resulting from natural growth of native plants and weeds. There were some small areas that appeared to be less than 25 feet MSL. This issue does not seem to be significant, but the required slopes need to be met before release of the bond. If you have any questions, please come in and discuss them accordingly. Sincerely, Thomas W. Frame City Manager cc: The Honorable City Council Members City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 MEMORANDUM DATE: February 8, 1996 TO: Kathryn M. O'Halloran, City Clerk FROM: Joel L. Koford, City Manage44�� SUBJECT: Certificate of Deposit #200779 and #200780 The attached Certificates of Deposit, specifically described as Time Certificate of Deposit Number: 20079 in the amount of $111,070.00 and Time Certificate of Deposit Number: 200780 in the amount of $5,630.00. The two above referenced Certificates of Deposits represent the bond requirements outlined under Resolution R-95-09. /jmt Attachments February 25, 2000 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 Mr. Richard Fey 916 U.S. Highway One Sebastian, FL 32958 Re: Request for Release of Bond Dear Mr. Fey.- The ey: The Sebastian City Council, at its February 23, 2000 Regular Meeting, directed staff not to release your sandmining restoration bond. Any questions you may have should be directed to City Manager, Terrance Moore or Growth Management Director, Tracy Hass. Sincerely, Kathryn M. O'Halloran, CMC/AAE City Clerk KOH/sam cc: Terrence Moore - City Manager City Attorney - Rich Stringer Growth Management Director - Tracy Hass 2 0 0 0 "An Equal Opportunity Employer" WHITE HOUSE CelebratingOur 75th Anniversary MILLENNIUM COUNCIL rY Honor the Post - latagine the Future of Subject: Bond Release/ Richard Fey Florida Agenda No. T- ' Department Origin: City Manager Date Submitted: 02/15/2000 For Agenda of: 02/23/2000 Exhibits: Letter received 2/15/200 by City Clerks Office from Richard Fey EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: SUMMARY The City is receipt of a letter received on February 15, 2000 from Mr. Richard Fey seeking authorization from the City Council to release a bond being held by the City in the form of a Certificate of Deposit as previously submitted for a mulching operation. RECOMMENDED ACTION Move to authorize staff to release a bond being held by the City in the form of a Certificate of Deposit to Richard Fey as previously submitted for a mulching operation. Richard Fey 1 916 US#1 Sebastian, Fl. 32958 ti R City of Sebastian 1225 Main St.p��Cti Sebastian, Fl. 32958 �' o Attn: Terrance Moore 8 RE: Refund of Bond Monies Dear Mr. Moore, Please be advised the City is holding bond money in the form of a Certificate of Deposit. I recelved a release of the larger of the two bonds after the site met approval by way of a topographical survey that was submitted to Mr. Masserelli. The second bond was being held until seeding and mulch- ing was completed. 1 completed the project and called Mr. Massemill for an Inspection. I was asked to submit a second set of my topography. These were my copies, and very costly to replace. They were to be returned to me. The surveyor Is no longer in business. 1 called continually, even after Mr. Masserelli left his position with the city. Along with the farewell of Mr. Massereili went my topography and some of my files. I contacted Mr. Frame. We discussed the situation and he Inspected the site. He found a small area on the north side of the property that needed two buckets of fill material. 1 refilled that area immediately, as the equipment was on site. I called for an inspection and again, no one carne to reinspect. With the exception of the real estate, I have since sold the operation along with the heavy equipment,. I see no reason that 1 should be faulted because the city lost not one, but two sets of my paperwork and did not Inspect the site in a timely manor. This has been going on for three years. The site was in compliance. 1 want my CD released. Thank You, Richard Fey City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5330 0 FAX (561) 589-2566 MEMORANDUM W- 4 -1 RECEIVED NAY 2 ilso CtiYERCEICs OFFI DATE: May 1, 1997 TO: Ms. Kay O'Halloran, City Clerk THROUGH: Mr. Thomas Frame, City Manager 'Mcg . FROM: Mr. Robert J. Massarelli, Community Development DirectoA�- SUBJECT: Fey Sand Mine Performance Bonds On February 22, 1995, the City approved a special use permit to Mr. Richard Fey for a sand mine on Old Dixie Highway. One of the conditions for the special use permit was a requirement that Mr. Fey provide a surety bond or cashier's check in the amount of $11,070 to the City to ensure compliance with the conditions of the permit and an additional surety bond or cashiers check in the amount of $5,630 for restoration of the project area when the mine operation terminates. On January 29, 1996, Mr. Fey provided two time certificates of deposit in the in the proper amount. Mr. Fey has notified the City that he has completed the sand mine operation. It is therefore requested that the Time Certificate of Deposit in the amount of $11, 070 be returned to Mr. Fey. The second Time Certificate of Deposit is for the required restoration of the project. The site plan requires the site to be completed at an elevation of 25 ft. msl„ seeded and the side slopes mulched with hay. I have required Mr. Fey to provide a survey showing that the site was completed to the required elevation and for the site to be seeded and mulched. That certificate should not be released at this time. 'j City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 November 2, 1996 Mr. Richard Fey Richard Fey and Sons 1623 N. U.S. 1 Sebastian, FL 32958 Dear Mr. Fey: We are in receipt of the survey submitted by Mr. Terry Drum to meet the requirements of additional condition #8 of Resolution R-96-24 authorizing the special use permit for the sand mine located on Old Dixie in Sebastian. I have reviewed the survey and have found that the mining operation is not in compliance with the requirements of the special use permit and the Land Development Code. Specifically, condition #8 requires a written report which evaluates the ability to remove 23, 873 cubic yards of sand from the site. If the restoration plan can not be complied with, you are required to submit a plan which will accomplish the purpose of the restoration plan. In addition, the average depth of the mine site exceeds the twenty-five foot excavation limit (sec. 20A -5.30(c)(4), LDC). In accordance with additional condition #10 of resolution R-96-24, you are hereby notified of noncompliance of the Land Development Code and resolution R-96-24. You have five working days to correct the violation. The information that is required within the five days is: 1) Calculation showing how many cubic yards of sand have been excavated from the site. 2) A written plan and statement on your ability to accomplish the restoration plan for the site. 3) In the event the you can not achieve the restoration plan, a revised plan shall be submitted to the City for approval showing how the purpose of the reclamation plan will be accomplished. 4) A plan and a time schedule to bring the average excavation elevation to no more than 25 feet msl. If the above information is not provided within five working days, the special use permit for the sand mine will be suspended. In the event the permit is suspended or work to correct the above mention deficiencies does not proceed at the time schedule approved by the City, the City has the right to all necessary action including forfeiture of the compliance and restoration bonds as provided for in Section 20A -5.30(e)(5) LDC. Please feel free to contact me if you have any questions concerning this manner. Sincerely, Robert J. Massareili Community Development Director Trp _`b tiII....• Richard Fey P.O. Box 0936 Roseland, FI. 32957 City of Sebastian 1225 Main St. Sebastian, Fl. 32958 Re: R-9£-24 11/08/96 Dear Mr. Masserelli, This is in response to your November 2, 1996 letter. 1 am requesting 15 days to answer the four items listed in your letter, as my surveyor is unable to complete at such short notice. Thank You, .0000 Richard Fey loci coo E3:91 90-11-9661 L.I Tree Service, Inc. P.O. Box 0936 Roseland,Fl. 32957 City of Sebastian 1225 Main St. Sebastian, F1. 32958 Attn. Mr. Bob Massarelli 11M3196 Dear Mr. Massarelli, This is a follow up to my letter of November 8,1996. I have retained Drum Land Surveying to resurvey the subject property on Old Dixie Highway, Sebastian. My intentions are to spread the remaining fill from the front section throughout the property to correct any lowlying areas that may exist. I will then have the property resurveyed. This proceedure will be compited before the expiration date of City Of Sebastion Resolution #95-09. Thank You, Richard Fey, Pres. �J 6 139'1 L.I. TREE SERVICE, Inc. P.O. Box 0936 Roseland, Fl. 32957 (561)589-6660 FAX(561)589-3143 215197 City of Sebastian 1225 Main St. Sebastian, Fl. 32958 Attn. Dorri Bosworth Re Special Use Permit-Sandmining Old Dixie Hway., Sebastian Dear Ms. Bosworth, To date all sandmining operations at the site are completed. We are, however still in the process of grading the site in order that it be ready for the mulching project to commence. I do have several piles of various fill materials already excavated and stockpiled on site. I will be using the stockpiled materials at various times on other projects in the works. I may also bring in additional fill materials to be stockpiled on site for sitework. No new mining will occur on the property. I do not find it necessary to renew this permit. Please release my bond money for the completed sandmining project. Please have Mr. Masserelli call me when he is ready to dicuss the mulching facitiity, as I am ready to preceed. Thank You, Richard Fey, President City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ❑ FAX (561) 589-2566 MEMORANDUM DATE: March 19, 1998 TO: Mr. Thomas Frame, City Manager FROM: Robert J. Massarelli, Community Development Director SUBJECT: Mr. Fey's Sand Mine Restoration Bond The City Council approved the special use permit to Mr. Fey for a sand mine on February 22, 1995 (resolution R-95-09). The resolution provided: "Restoration plan: (1) The Engineering Drawings included a restoration plan on page 2 which shows the finished grade and the future land use as a small mulching operation. The landowner shall complete the restoration plan for the finished grade prior to the expiration of this permit." The restoration plan states that the minimum excavation elevation is 25.0 ft. The cut slopes will have a final grade of 3:1 maximum and will be protected with hay mulch. Upon completion of the mining activity, the site will be seeded. Side slopes will be protected with hay mulch until grass is established. Seeding shall conform to FDOT design standards, index 105. This Department received a survey dated 1/12/96 and a second dated 1/22/96, indicating that the site, in some areas, has been excavated below the 25.0 elevation. In order to release the restoration bond, Mr Fey needs to provided a signed and sealed survey showing that the site is in compliance with the restoration plan and that the site has not been excavated below the 25.0 elevation, that the site has been seeded, and that the side slopes do not exceed the 3:1 slope and have been seeded and mulched. Please contact me if you require any additional information. . City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 June 12, 1998 Mr. Richard Fey LI Tree Service, Inc. P.O. Box 0936 Sebastian, Florida 32958 Dear Mr. Fey: In response to your request to release your restoration bond on the sand mine located off Old Dixie Highway, you recall that we both went together to view the site. At that time, I told you that the slopes of the banks needed to be graded to insure that a 3: 1 slope was established which was part of the restoration requirements. I noted as of Wednesday, June 3, 1998, that no additional worked had been performed to grade the banks to a 3:1 slope. The bond may not be released until you have complied with the restoration requirements. When we were present at the sand mine site, it became evident that while there may not have been grass resulting from seeding, there was ground cover resulting from natural growth of native plants and weeds. There were some small areas that appeared to be less than 25 feet MSL. This issue does not seem to be significant, but the required slopes need to be met before release of the bond. If you have any questions, please come in and discuss them accordingly. Sincerely, Thomas W. Frame City Manager cc: The Honorable City Council Members Richard and Jodi R. Fey C/O the Car Store 916 us#1 Sebastian, Fl. 32938 (561)5894718 FAX 589-6093 City Of Sebastian Mr. Tracy Hass Director of Growth Management 1225 Main St Sebastian, Fl. 32958 FAX 589-2566 3/2411999 Dear Mr. Hass, �ECE VEDA MAR Z 5 1999 The city has been holding a bond for approximately $6,000.00 for a sand training operation located at 11515 Old Dixie Highway. The project was completed to the specifications of the city approximately 2 years ago. The funds are being held in a CO at Citrus Bank, Sebastian. Kay O'Haliaran needs approval from you so that she may authorize a release of our funds. We would appreciate expeditious handling of this matter. Thank You, . ' Z e. FJ0dJ R. Fey 0 Oq P-Cljf� -�C; . t, r ♦ �i Td WdTV :90 6662 VZ '-SEW 2609 68S T95 : 'ON 9NOHd 9NOIS NdO SHl : WONA City of Sebastian 1225 MAIN STREET ❑SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ❑FAX (561)589-2566 MEMORANDUM DATE: May 1, 1997 TO: Ms. Kay O'Halloran, City Clerk THROUGH: Mr. Thomas Frame, City Manager FROM: Mr. Robert I Massarelli, Community Development Director -N --- SUBJECT: Fey Sand Mine Performance Bonds On February 22, 1995, the City approved a special use permit to Mr. Richard Fey for a sand' mine on Old Dixie Highway. One of the conditions for the special use permit was a requirement that Mr. Fey provide a surety bond or cashier's check in the amount of $11,070 to the City to ensure compliance with the conditions of the permit and an additional surety bond or cashiers check in the amount of $5,630 for restoration of the project area when the mine operation terminates. On January 29, 1996, Mr. Fey provided two time certificates of deposit in the in the proper amount. Mr. Fey has notified the City that he has completed the sand mine operation. It is therefore requested that the Time Certificate of Deposit in the amount of $11, 070 be returned to Mr. Fey. The second Time Certificate of Deposit is for the required restoration of the project. The site plan requires the site to be completed at an elevation of 25 ft. msl„ seeded and the side slopes mulched with hay. I have required Mr. Fey to provide a survey showing that the site was completed to the required elevation and for the site to be seeded and mulched. That certificate should not be released at this time. Richard Fey 916 US91 Sebastian. Fl. 32958 581-689-1718 fax 588-53 9130159 Mayor Neuberger City -of Sebastian 1225 Main St. 0 Sebastian, Fl. 32958 �, 999 RE: Returnof bond moneys for seed and mulch at -prop" located at 11515 Old, , Ducie Highway., Sebastian Dear Mayor Neuberger, Please be advised that the City Is holding back bond moneys due to Richard Fey d.b.a. L.I. Tree Service, Inc. Mr. Haas stated that the funds were not being released because the City cannot locate the paperwork submitted to Mr. MassemIll. Once more my files are missing. In order for the release of the first bond to have occurred, the City would have to have a current topography of the property at elevation 25. That bond was released In 1997. The seed and mulct was not completed, therefore tate second bond was withheld. I notified the City several months later that the seed and mulch was completed. Mr. Frame was the one that did the Inspection. It has been 2 years. The project is properly completed. The City has lost my files and the surveyor I used Is no longer in business. I am unable to get copies of the missing topography. i will not be toned to expend In excess of $3000.00 to replace the topography. I would appreciate your Immediate attention in this matter. Thank You, Sincerely, Richard Fey