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HomeMy WebLinkAbout1992 06 17 - Capt Hiram'sCity of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-570 June 17, 1992 Tom Collins Capt. Hiram's River Raw Bar Indian River Drive Sebastian, FL 32958 Re: Purchase of 3 ERUs. of Permanent Capacity Dear Mr. Collins: The impact fees for Sewer per ERU totals $2,321.00 per ERU. Your request of 3 ERUs will total $6,963.00 and will be listed to you upon payment of this fee in total to the City of Sebastian. I appreciate your patience during this initial change -over period and please feel free to contact me if I may be of assistance to you. Sincerely, Michael L. Hudkins, CPA. Finance Director cc: Robert S. McClary, City Manager / Kathryn M. O'Halloran, City Clerk F' IISt CAPT. H14n 5 Capt. Air am's SEBASTIAN INLET MARINA Homeof the "World Famous" River Raw Bar Waterfront Banquet Facifities • Catering Service September 16, 1992 Mr. Rob McClary ; City Manager C* / City of Sebastian Post Office Box 7801.27 �s8Gg5V Sebastian, Florida 32978-0127 Dear Rob, When you have the time, I would appreciate your providing us with an update relative to the server and water issue and also the status of the Riverfront District. Thank you for your continued cooperation. Sincerely, _ Thomas H. Collins cc: Mayor Lonnie Powell Council Members By Car: 1606 Intllan diver Drive, Sebastian, FL 32958 By Boat: Marker 66 on the Intracoastal Waterway Phone: (407)589-4345 FAX: (407)589-4346 8A, Presil=Joifmal, Thursday, July 16, 1992 r e� Jo Vurnal ,tvtarba U.S. Highwgy, 1 at 18th Street vc4�pltlp4* POST OFFICE BOX 1268 O� oC VERO BEACH, FLORIDA 3296 The Li PHONE 562-2315 u' FOUNDED 1919 Audit 't 71DN Bureau Editorials J.F. Schumann (1865-1946) Founder J.J. Schumann (1898-1989) Founder J.J. Schumann, Jr. Publisher Darryl K. Hicks General Manager Richard C. Wagner Ed Lorry Reisman Opinion Page Editor Tom Dickens Clrculatlon/Production Director Melvin E. Adkins Display Advertising Manager Barbara Sprague Classified Advertising Mgr. SUBSCRIPTION RATES For Convenient Home Delivery 569-7100 Home Delivery, Year $76.00 Home Delivery, 6 Months $40.50 Mdll-7 Papers, Year 6115.00 Mall—Wed. 6 Sun., Year $45.00 Canada -7 Papers, Year lu.s. omin.al $765.00 Canada—Wed. 6 Sun., Year tu.s. mne"l $115.00 Riverf ront Moratorium? Where would Florida be if its pioneers decided not to build near the water for fear of being flooded out by a hurricane? It probably wouldn't be the nation's fourth most populated state and one of the nation's top retirement havens. It's hard to imagine Florida without waterfront condominiums, resorts and res- taurants. That's why it is so difficult to accept the rationale of Nathan McCollum, a storm analyst with Indian River County's Department of Emergency Services. McCollum last week warned Sebastian Mayor Lon- nie Powell that the storm surge from a hurricane with 115 -to 135 -mph winds would push water from the Atlantic Ocean to the railroad tracks west of U.S. 1. The warning came in response to Sebastian's plans for a riverfront district. "The best way to prevent massive loss of property and lives is not to develop the area and use the banks of the Indian River as a buffer for the remain- der of the city of Sebastian," McCollum said. We understand McCollum's concerns. Most people who live on the waterfront do so with the realization that a hurricane might someday wash away their homesteads. Others, however, have returned to their homes after the most destructive of storms. 'The fear of the Big One hitting Indian River S ounty should not prevent Sebastian from moving ahead with Its plans for a riverfront district any more than unstable California grounds prevented cities such as San Francisco from rebuilding de- spite the threat of earthquakes. Year-old plans from the seven -member River - front Study Committee for an old -Florida -style fish - Ing village architectural theme for the area would be an economic blessing to the area. Investment, jobs and tourists would be lured to the area, enhanc- ing local recreational and social opportunities. The district already contains buildings that have weathered several decades of storms. Today's buildings, designed up to better standards, are even more likely to survive a serious storm. Through such construction techniques, efficient hurricane -warning systema and other methods, "we can do more to limit the losses caused by the ram- pages of nature than we can to control the often - cruel rampages of our fellow human beings," said Lawrence K. Grossman, a member of the U.S. Na- tional Committee for the Decade for Natural Disas- ter Reduction. Grossman is a believer in a National Research Council report that details a comprehensive plan on how to reduce loss of life and property from natural disasters. The fact 1s that people have built and will continue to build in areas prone to floods, earth- quakes, volcanoes and tornadoes. The challenge now Is to mitigate the effects of these disasters. In Sebastian, officials should study the potential effects of a hurricane while conceiving a riverfront plan. The threat of a hurricane should be used to obtain knowledge that will strengthen the district. Such a threat should not be used as a weapon by the pessimistic, anti-riverfront coalition. Riverfront development will occur either way, said Realtor Joan Preuss. It should proceed as part of a positive, concerted effort. P'%tasdan Sun Week of July 10, 1992 P, 1 MlSsing the boat The city of.Sebastian maybe missing the boat when it comes to the development of our riverfront. And the boat is about to sail. One prediction can be made with some certainty. It is that devel- opment will happen in the portion of the city running parallel to the Indian River. N Recognizing that, about 18 months ago the city appointed an ad hoc committee to consider options for channeling riverfron! devel- opment into directions that would protect the long-term interests of our town and its citizens. A reportwas prepared, which presented number of options, and considered various alternatives for achieving those objectives. Called "The Community's Vision For The Riverfront," it was pre- sented to the Sebastian City Council in the expectation that the city would begin to take positive steps to achieve those goals. But now we seem to be floundering. . To their credit, city staffgenerally has attempted to accomplish the things it can accomplish with the resources available. Recent improvements to Riverview Park and current plans for improvements to public property along the waterfront are welcome. However, what is still lacking in this process is leadership. Will the city hire a planner to prepare: a detailed plan for the riVerfront?Will a special taxing district be created to implement that Plan? Will stricter architectural standards be imposed for structures built along Indian River Drive? Do we know what we want to accomplish in this process? To date, these questions have not been answered. And in the absence of leadership, it is clear that misinformation is beginning to dominate the debate. A suggestion to have an architectural motif that evokes a °Key West style fishing village" has been transformed into a plan to turn Sebastian into Key West.- A plan intended to control development has been turned into the tool of unnamed developers who want to steal the riverfront. '.Meanwhile the riverfrontcontinues to develop-as it will, and apart ,from the bare. bones guidelines contained in the city'§ comprehen sive plan, there-is really very little the community can say about it. `The boat is ieavirx the dock, Sebastian. Get ready to wave goodbye. George Ricker, editor 0 O F1 U) W) P: P+ Sebastian, GJU To Negotiate Water System By AMES KIRLEY SebaJtian Bureau Chief City Manager Robb McClary and utilities consultant Jerry Hartman will journey to Miami Tuesday for Sebastian's first meeting with General Devel- opment Utilities officials about buying the company's local water and sewer systems. The city hopes to find GDU will- ing to sell Its Sebastian Highlands plants, and hopes it will not need to invoke a provision in its fran- chise with GDU to force a sale through arbitration. "That could be very expensive In legal and engineering costs," McClary said. "It could be chal- lenged in court and get even more expensive." That has been the experience of four Florida counties and cities that have tried to get GDU sys- tems. None have been completely successful to date and the courts have become Involved In every ef- fort. Systems in Port St. Lucie and Port Charlotte were taken by court-ordered condemnations. In both Instances, the price that will be paid to GDU Is still being4ltt- gated. Two other cities — Palm Bay and North Port — opted to invoke purchase rights in their fran- chises with GDU. Arbitration pro- duced $31.9 million and $10.5 million price tags, respectively. And, In both Instances, GDU is appealing to the courts. "We want to make sure we get a fair price for them," GDU Presi- dent Charles Fancher said. "We don't believe we've gotten a fair price in North Port and (Palm Bay)." "We were forced to go to arbi- tration," Cindy Mick, North Port's The city hopes to find GDU willing to sell its Se- bastian Highlands plants, and hopes it will not need to invoke a provision in its franchise with GDU to force a sale through arbitration. It the legal right to buy GDU's utl- tities. "Once we got the court order, we were hoping General Devel- opment Utilitieswould see the handwriting on the wall and nego- tiate a fair price. "But GDU would not and It was forced into arbitration," she said. "Arbitration was very costly. I would estimate the cost of arbi- tration to be close to $500,000." Palm Bay deemed arbitration less risky than court-ordered con- demnation when It sought GDU's Malabar utilities. Finance Direc- tor Jim Demming said his city did not want to'risk paying legal fees for both sides In a court case. Palm Bay, North Port and Se- bastian all hired the same utility consultants, the firm of Hartman and Associates Inc. The law firm of Gray, Harris, Robinson, Kirschenbaum & Peep- les assisted Palm Bay and North Port In legal matters. It Is the same law firm that co-authored, with Hartman, a June 1991 brief- ing document recommending Se- bastian dissolve its utility franchise with fndlan River County and pursue acquiring GDU. Mick said that legal fights in North Port and Palm Bay may re- sult in an easier time for Sebas- tlan's effort. public services director, said. I reap believe that Sebastian "General Develo ment Utilities is ill benefit believe substhat S from now nR o nego a e w us. what its sister cities have done," North Port, in southern Sara- she said. "I think that GDU must sota County, has been trying to understand that they have lost get GDU facilities for about two continually In the past in these years. Mick said the city first other cities and that they would spent a "considerable amount" of probably lose with Sebastian If money proving its franchise gave they take that route." Capt. Hiram's SEBASTIAN INLET MARIIITA Home of the "World Famous- Rtver RUIU Bar `Waterfront Banquet FaciCities • Catering Service September 16, 1992LO ^ cam\ W 0 Mr. Rob McClaryCV City Manager �2 / City of Sebastian Ott 'L1' Post Office Box 780127 �vs8-g9'vql Sebastian, Florida 32978-0127 Dear Rob, When you have the time, I would appreciate your providing us with an update relative to the sewer and water issue and also the status of the Riverfront District. Thank you for your continued cooperation. Sincerely, Thomas H. Collins cc: Mayor Lonnie Powell Council Members By Car: 1506 Indian River Drive, Sebastian, FL 32958 By Boat: Marker 66 on the Intracoastal Waterway Phone: (407)589-4345 FAX: (407)589-4346 8A, Press` o4mal, Thursday, July 16, 1992 pre'so Journal titvt NlAr U.S. Highwqy 1 at 18th Street °4�wo�4 POST OFFICE BOX 1268 v,� _;Al VERO BEACH, FLORIDA 3296 The PHONE 562-2315 FOUNDED 1919 Audit +7101+ Bureau Editorials J.F. Schumann (1865-1946) Founder J.J. Schumann (1898-1989) Founder J.J. Schumann, Jr. Publisher Darryl K. Hicks General Manager Richard C. Wagner Editor Larry Reisman Opinion Page Editor Tom Dickens Circulation/Production Director Melvin E. Adkins Display Advertising Manager Barbara Sprague Classified Advertising Mgr. SUBSCRIPTION RATES For Convenient Home Delivery 569-7100 Home Delivery, Year $76.00 Home Delivery, 6 Months $40.50 Mail -7 Papers, Year $115.00 Mail—Wed. 8 Sun., Year $45.00 Canada -7 Papers, Year (U.S. oanan) $365.00 Canada—Wed. 5 Sun., Year (U.S. Duuanl $115.00 Riverafront Moratorium?, Where would Florida be if its pioneers decided not to build near the water for fear of being flooded out by a hurricane? It probably wouldn't be the nation's fourth most populated state and one of the nation's top retirement havens. It's hard to imagine Florida without waterfront condominiums, resorts and res- taurants. That's why it is so difficult to accept the rationale of Nathan McCollum, a storm analyst with Indian River County's Department of Emergency Services. McCollum last week warned Sebastian Mayor Lon- nie Powell that the storm surge from a hurricane with 115 -to 135 -mph winds would push water from the Atlantic Ocean to the railroad tracks west of U.S. 1. The warning came in response to Sebastian's plans for a riverfront district. "The best way to prevent massive loss of property and lives is not to develop the area and use the banks of the Indian River as a buffer for the remain- der of the city of Sebastian," McCollum said. We understand McCollum's concerns. Most people who live on the waterfront do so with the realization that a hurricane might someday wash away their homesteads. Others, however, have returned to their homes after the most destructive of storms. The fear of the Big One hitting Indian River County should not prevent Sebastian from moving ahead with its plans for a riverfront district any more than unstable California grounds prevented cities such as San Francisco from rebuilding de- spite the threat of earthquakes. Year-old plans from the seven -member River - front Study Committee for an old -Florida -style fish- ing village architectural theme for the area would be an economic blessing to the area. Investment, jobs and tourists would be lured to the area, enhanc- ing local recreational and social opportunities. The district already contains buildings that have weathered several decades of storms. Today's buildings, designed up to better standards, are even more likely to survive a serious storm. Through such construction techniques, efficient hurricane -warning systems and other methods, "we can do more to limit the losses caused by the ram- pages of nature than we can to control the often - cruel rampages of our fellow human beings," said Lawrence K. Grossman, a member of the U.S. Na- tional Committee for the Decade for Natural Disas- ter Reduction. Grossman is a believer in a National Research Council report that details a comprehensive plan on how to reduce loss of life and property from natural disasters. The fact is that people have built and will continue to build in areas prone to floods, earth- quakes, volcanoes and tornadoes. The challenge now is to mitigate the effects of these disasters. In Sebastian, officials should study the potential effects of a hurricane while conceiving a riverfront plan. The threat of a hurricane should be used to obtain knowledge that will strengthen the district. Such a threat should not be used as a weapon by the pessimistic, anti-riverfront coalition. Riverfront development will occur either way, said Realtor Joan Preuss. It should proceed as part of a positive, concerted effort. Sebastian Sun Week of July 10, 1992 pg. 4A Missing the boat The city of.Sebastian may.be missing`the boat when it comes to the development of our riverfront. And the boat is about to sail. One prediction can be made with some certainty. It is that devel- opment will happen in the portion of the city running parallel to the Indian River. Recognizing that, about 18 months ago the city appointed an ad hoc committee to consider options for channeling riverfron! devel- opment into directions that would protect the long-term interests of our town and its citizens. A report was prepared, which presented a number of options, and considered various alternatives for achieving those objectives. Called "The Community's Vision For The Riverfront," it was pre- sented to the Sebastian City Council in the expectation that the city would begin to take positive steps to achieve those goals. But now we seem to be floundering. To their credit, city staff generally has attempted to accomplish the things it can accomplish with the resources available. Recent improvements to Riverview Park and current plans for improvementstopublic property along the waterfront are welcome. However, what is still lacking in this process is leadership. Will the city hire a planner to prepare: a detailed plan for the riverfront? Will a special taxing district be created to implement that plan? Will stricter architectural standards be imposed for structures built along Indian River Drive? Do we know what we want to accomplish in this process? To date, these questions have not been answered. And in the absence of leadership, it is clear that misinformation is beginning to dominate the debate. A suggestion to have an architectural motif that evokes a 'Key West style fishing villaqe" has been transformed into a plan to turn Sebastian into Key West. A plan intended to control development has been turned into the tool of unnamed developers who want to steal the riverfront. Meanwhile the riverfrontcontinues to develop- as itwill, and apart from the bare. bones guidelines contained in the citys comprehen- sive plan, there is really very little the community can say about it. l'he boat is leaving the dock, Sebastian. Get ready to wave goodbye. George Ricker, editor Cd b CO Q) G b v 3 Sebastian, GDU To Negotiate Water System Byy JAMES RIRLEY Sehastian Bureau Chief City Manager Robb McClary and utilities consultant Jerry Hartman will journey to Miami Tuesday for Sebastian's first meeting with General Devel. opment Utilities officials about buying the company's local water and sewer systems. The city hopes to find GDU will- ing to sell its Sebastian Highlands plants, and hopes it will not need to invoke a provision in its fran- chise with GDU to force a sale through arbitration. "That could be very expensive in legal and engineering costs," McClary said. "It could be chal- lenged in court and get even more expensive." That has been the experience of four Florida counties and cities that have tried to get GDU sys- tems. None have been completely successful to date and the courts have become involved in every ef- fort. Systems in Port St. Lucie and Port Charlotte were taken by court-ordered condemnations. In both instances, the price that will be paid to GDU is still being -liti- gated. Two other cities — Palm Bay and North Port — opted to invoke purchase rightsin their fran- chises with GDU. Arbitration pro- duced $31.9 million and $16.5 million price tags, respectively. And, in both instances, GDU is appealing to the courts. "We want to make sure we get a fair price for them," GDU Presi- dent Charles Faucher said. "We. don't believe we've gotten a fair price in North Port and (Palm Bay)." "We were forced to go to arbi- tration;" Cindy MIck, North Port's The city hopes to find GDU willing to sell its Se- bastian Highlands plants, and hopes it will not need to invoke a provision in its franchise with GDU to force a sale through arbitration. it the legal right to buy GDU's uti- lities. "Once .we got the court order, we were hoping General Devel- opment Utilities would see the handwriting on the wall and nego- tiate a fair price. "But GDU would not and it was forced Into arbitration," she said. "Arbitration was .very costly. I would estimate the cost of arbi- tration to be close to $500,000." Palm Bay deemed arbitration less risky than court-ordered con- demnation when it sought GDU's Malabar utilities. Finance Direc. tor Jim Demming said his city did not want to'risk paying legal fees for both sides in a court case. Palm Bay, North Port and Se- bastian all hired the same utility consultants, the firm of Hartman and Associates Inc. The law firm of Gray, Harris, Robinson, Kirschenbaum & Peep- les assisted Palm Bay and North Port in legal matters. It is the same law firm that co-authored, with Hartman, a June 1991 brief- ing document recommending Se- bastian dissolve its utility franchise with Indian River County and pursue acquiring GDU. Mick said that legal fights in North Port and Palm Bay may re- sult in an easier time for Sebas- tian's effort. public services director, said. "General Develo ment Utilities is "I really believe that Sebastian now n¢ o nexo a e wun us. ill benefit substantially from what its sister cities have done," North Port, in southern Sara- she said. "I think that GDU must sota County, has been trying to understand that they have lost get GDU facilities for about two continually in the past in these years. Mick said the city first other cities and that they would spent a "considerable amount" of probably lose with Sebastian if money proving its franchise gave they take that route." April 27, 1993 Capt. Hiram's RIVER RAW BAR & SEAFOOD CAFE Home Of The Waterfront Tiffany Room Banquet Facility At Sebastian Inlet Marina & Trading Company, Inc. Mr. Rich Votapka, Utilities Director City of Sebastian Post Office Box 780127 Sebastian, Florida 32978-0127 Dear Rich, As a follow up to our conversation, please consider this letter our request for the City to allow us to tap into the Oyster Point/Oyster Bay water system, for the purposes of providing an alternative water source to our Capt. Hiram's project. I am enclosing a copy of the letter I received from the attorney for the Oyster Point/Oyster Bay group regarding their agreement to provide us with this courtesy. I have also spoken with Mike Galanis at the Health Department, and he indicated he had no objections to us tying in. The connection is quite simple as the Oyster Point/Oyster Bay Resort already have a 2" water line located on the east side of Indian River Drive, just slightly north of our property. We would, of course, make the connection at our expense. Our Company is willing to connect to City service as soon as your department can provide the service to our property. You mentioned you might have a draft of an agreement you could mark up and provide for my reference. I will in turn have our attorney draft an agreement for review by both the City and the Oyster Point/Oyster Bay group. I thank you for your cooperation. Sincerely, Thomas H. Collins cc: Max Abram, President, Oyster Point/Oyster Bay Phil Nohrr, Esq. Corporate Office: 9301 N A -1-A, Suite 4, Vero Beach, FL 32963 PHONE (407) 589-8000 FAX: (407) 589-5100 DONALD A.NOHRR PHILIP F. NOHRR JOEL E. BOYD J. WESLEY HOWZE, JR. STEWART B. CAPPS KATHERINE M. COBS 1 1 NOHRR, NOHRR, BOYD, HOWZE & CAPPS, P.A. ATTORNEYS AND COUNSELORS AT LAW May 14, 1992 Thomas H. Collins, President Sebastian Inlet Marina 1606 Indian River Drive Sebastian, Florida 32958 RE: Oyster Bay/Oyster Pointe Dear Tom: 1800 W. HIBISCUS BLVD. SUITE 138 POST OFFICE BOX 369 MELBOURNE, FL 329020369 (407) 727-8100 FAX (407) 984.4122 OUR FILE N 90p1990 The Board of Directors have reviewed your request for stand by water usage as outlined in your letter of April 9, 1992 and as supplemented by your telephone conversations with Max Abram. The Board, as always, is interested in being a good neighbor and cooperating with you, and is willing to do the following: A. Make available to you up to 10,000 gallons per day with any and all costs associated with the water being at your expense. B. The water will be available to you as long as it is not needed by the Associations or the unit week owners, and any agreement may be terminated by either side upon 30 days notice. C. The providing of water would be subject to any and all government agencies, approvals which would be your responsibility to obtain at your sole costs. If the above is acceptable, I would suggest that you prepare an agreement for my review. Certainly, I would be pleased to discuss the matter with you, if you desire. I have already spoken with the State of Florida and Indian River County, and have been advised that they have no jurisdiction over the matter, and that any consents needed would have to be obtained by the City of Sebastian. I have attempted to speak with the City Manager on this issue, but to date have not been able to contact him, and therefore do not know what approvals, if any, are necessary from the City. PFN/hms cc: Mr. Max Abram Very truly yours, �P . P✓ Nohrr City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 May 5, 1993 Mrf Thomas H. Collins Capt. Hiram's 1606 North Indian River Drive Sebastian, Fl. 32958 Re: Connection to Oyster Bay/Oyster Pointe Water System, Sebastian, Florida Dear Mr. Collins: This letter is in response to your letter of April 27, 1993, in reference to your request for permission from the City of Sebastian to allow Capt. Hiram's Restaurant to connect to the Oyster Bay/Oyster Pointe Water System. I have had the opportunity to discuss the issue with Robb McClary, City Manager, and both of us have arrived at a mutual conclusion. We concur that since the City of Sebastian does not now have nor does it foresee installa- tion of a municipal water system in the immediate vicinity of Capt. Hiram's for at least three years, we have no objection to your proposal. I have also reviewed a copy of a Standard Developer's Agree- ment provided to me by our consultants, Hartman and Associates, Inc. Since the document, which consists of 11 pages, primarily pertains to a major development in which water and sewer facilities will be ultimately conveyed to the City, I do not think that it is pertinent to use in your situation. The document would serve as nothing more than bureaucratic overkill. Therefore, I will in the near future draft a simple document which will do the following: 1) Grant permission to Capt. Hiram's to connect to the Oyster Bay/Oyster Pointe water system on the east side of Indian River Drive. 2) Provide for all construction at Capt. Hiram's expense. Page Two of Two May 5, 1993 Mr. Thomas H. Collins Capt. Hiram's 3) That in the future when a municipal water system is installed by the City of Sebastian along the front lot line of Capt. Hiram's. that Capt. Hiram's agrees to pay of the necessary water impact fee and make application for a service connection to the system. 4) That Capt. Hiram's agrees to sever the tie with the Oyster Bay/Oyster Pointe water system at the time it connects to the municipal water system. 5) That Capt. Hiram's agrees to sever the tie with its own water well(s) to eliminate the cross connection with the City of Sebastian's system. 6) That Capt. Hiram's agrees to allow the City of Sebastian Utilities Dept. to conduct a cross connection control survey on the premises prior to connection to the City's water system. 7) That Capt. Hiram's agrees to implement any modifications to its existing plumbing on site to correct any actual cross connections or potential health hazards concerning the connection to the City's system. The agreement, of course, will be written from the City's per- spective to guarantee the protection of its water supply system when at such time Capt. Hiram's connects to the system. I am sure that we will have a meeting or several meetings, if necessary, to develop a mutual agreement satisfactory to Capt. Hiram's and the City. Basically, my intent of writing you this letter is to provide you with a prompt reply and initial understanding that the City's current position is one of "no objection" to Capt. Hiram's connec- tion to the Oyster Bay/Oyster Pointe water system. We can work out the details on a timely basis. Sincerely, Richard B. Votapka, P.E. Utilities Director RBV/pwb CC: Robb McClary, City Manager FREsE. NASH & TORPY. P.A. ATTORNEYS AT LAW GARY B. FRE6Et CHARLES LAN NASH* VINCENT G. TORPY. JR. RicnARD E. ToRrr GREGORY S. HANSEN J. PATRICH ANDERSON LAURA L. ANDERSON CHARLES A SCHU.JANGER QpILLIAm A GRimm OF COUNSEL VIA HAND DELIVERY June 9, 1993 Robert T. McClary, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Water System Connection Agreement Our File No.: 93-9659 Dear Robb: 930 S. HARBOR CITY BLVD. SUITE 505 MELBOURNE. P'LoRIDA 32901 (407) 984.3300 PAX (407) 951-3741 )DO. CZRTT IED IN TAa .N 'BOARD C6RTI . IN EBTATB PWNN.NO AND PRODATS I have enclosed with this letter an initial draft of the proposed Water System Connection Agreement for your review and comment. Please note that Richard Votapka requested that I provide the initial draft to you due to the fact that he was going to be absent from the city this entire week. Please let me know of any questions you may have or any suggested changes you may require so that this proposed agreement may be finalized to submit to Captain Hiram's. Please note that I will be out of town from June 26, 1993 through July 11, 1993. Very truly yours, FRESE, ASH & TORPY, P.A. Charles Ian Nash City Attorney CIN/bk Enclosure as stated. City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 June 22, 1993 Mr. Thomas H. Collins, President Captain Hiram's River Raw Bar and Seafood Cafe 9301 North A -1-A Suite 4 Vero Beach, FL 32963 Dear Mr. Collins: Re: Water System Connection Agreement Between the City of Sebastian and Captain Hiram's I have received and reviewed the enclosed "Agreement" as prepared by our City Attorney, Charles Nash. I have also met and reviewed the "Agreement" with City Manager Robb McClary. Other than a few minor changes, the enclosed document will be the prototype for the actual "Agreement" to be signed by you and the other shareholders. Please review the enclosed document and call me should you have any comments or questions. Sincerely, Richard B. Votapka, P.E. Utilities Director cc: Robb McClary, City Manager Charles Nash, City Attorney RV/sam Enclosure FREsE. NASH & TORPY. P.A. ATTORNEYS AT LAW GARY B. FRESEt CHARLES LAN NASH• VINCENT G. TORPY. JR RICHARD E. TORPY GREGORY S. BANSEN J. PATRICK ANDERSON LAURA L. ANDERSON CHARLES A SCHILLINGER WILLIAM A GRimm OF COUNSEL Richard B. Votapka, Utilities Director City of Sebastian 1225 Main Street Sebastian, Florida P. E. 32958 June 24, 1993 930 S. HARBOR CITY BLVD. SUITE 505 MELBOURNE. FLORIDA 32901 (407) 984-3300 FAX (407) 951-3741 }BOAIU) (:RRTRtED IN TA voN *BOARD C.RTm.. IN ERTATB P. .NO ANn PRORATE RE: Utility Department Matters Water System Connection Agreement Between the City of Sebastian and Captain Hiram's Our File No: 93-9659 Dear Rich: I have enclosed with this letter the original proposed Water System Connection Agreement with the revisions you requested on pages 2, 4 and 5. Please note that I did not revise the title of the agreement because, in my opinion, such a revision is not needed. I would recommend that once this agreement is approved by all appropriate parties, including the Sebastian City Council, it be signed in at least two original counterparts whereby the City would keep one original counterpart and Sebastian Inlet Marina & Trading Company, Inc. would keep an original counterpart. CIN:bd Enclosure as stated Very trul yours, FRESE, SH & TORPY, P.A. Char es Ian Nash City Attorney TNISAGRscmart is S U PeR.SwD 6U BY Tk u- duc.K 2Zi t`nm jacWtstoo De_srnWG MLV_VFeR.erct'CO su-O&Vaoweas WATER SYSTEM CONNECTION AGREEMENT 4 •Ooko& Go nAt cs jv*=T,w fwatOC W PAa.Adt*VK S THIS AGREEMENT made this day of , 1993, by and between the City of Sebastian, a municipal corporation created and existing under the laws of the State of Florida, (the "City"), whose principal office is located at 1225 Main Street, Sebastian, Florida, 32958, Sebastian Inlet Marina & Trading Company, Inc., a Florida corporation, doing business as Captain Hiram's River Raw Bar and Seafood Cafe, (hereinafter "Captain Hiram's"), whose principal office is located at 1606 Indian River Drive, Sebastian, Florida, 32958, and Thomas H. Collins, an individual, Martin H. Carter, an individual, and James P. Hoffman, Jr., an individual, (all three foregoing individuals hereinafter collectively "Shareholders"). WHEREAS, Captain Hiram's has sought permission from Oyster Bay/Oyster Point Condominiums Association, Inc., a Florida corporation, (hereinafter "Oyster Bay") to utilize the potable water system owned and operated by Oyster Bay for a back-up to its own water system as described in a letter from P.F. Nohrr of the law firm of Nohrr, Nohrr, Boyd, Howze & Capps, P.A., to Thomas H. Collins, President, dated May 14, 1992, a copy of which is attached to this Agreement as Exhibit "A", and by this reference incorporated herein; and WHEREAS, Oyster Bay has issued a formal letter of authorization granting permission to Captain Hiram's to connect to the Oyster Bay potable water system; and WHEREAS, Captain Hiram's has notified the Indian River County Environmental Health Department of its intent to connect to the Oyster Bay potable water system, and Captain Hiram's has received verbal approval of such connection from Director Michael Galanis; and WHEREAS, the Shareholders own all of the issued and outstanding shares of stock of Captain Hiram's and will personally benefit by the City entering into this Agreement with Captain Hiram's; and WHEREAS, Captain Hiram's now seeks approval from the City to connect to the Oyster Bay potable water system. NOW, THEREFORE, for and in consideration of the provisions contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the City, Captain Hiram's and the Shareholders agree as follows: 1. Recitals: The recitals hereinbefore provided are incorporated by reference in this Agreement. 2. Costs of the Connection: All costs of installing the connecting pipe between Captain Hiram's and the Oyster Bay potable water system shall be borne by Captain Hiram's and the City shall not contribute any funds towards said costs. 3. Backflow Prevention Device: Captain Hiram shall install, at its sole expense, a backflow prevention device, which shall be one of the four devices as approved by the Florida Department of Environmental Regulation, that shall be located above the ground and accessible for inspection and viewing. 4. Permits: Captain Hiram's shall obtain all necessary 2 permits from all applicable federal, state and local governmental entities and agencies prior to installing any portion of its connecting piping. 5. Severance of Connecting Piping: Captain Hiram's agrees to sever, at its sole expense, the connecting piping or tie-in with the Oyster Bay potable water system at the time that Captain Hiram's connects to the municipal water system available from the City. In addition, Captain Hiram's agrees to sever the tie with its own water well system(s) at the time that Captain Hiram's connects to the municipal water system provided by the City. 6. Cross -connection: Captain Hiram's shall allow the City to conduct a cross -connection control survey on its premises prior to connecting to the municipal water system operated by the City. 7. Plumbing Modifications: Captain Hiram's shall implement each and every modification required by the City to its existing plumbing on site to correct any actual cross connections or potential health hazards which concern Captain Hiram's connecting to the municipal water system operated by the City, at the time that Captain Hiram's connects to the City municipal water system. 8. Indemnification: Captain Hiram's hereby agrees to defend, indemnify and hold the City harmless from and against any and all losses, expenses, judgments, reasonable attorneys fees, and any other liabilities arising from any claims, demands, suits and actions made, asserted or filed by anyone in connection with or in any way related to this Agreement or the performance or failure to perform by Captain Hiram's its obligations under this Agreement. 3 9. Guaranty: Shareholders, jointly and severally, unconditionally and irrevocably guaranty the performance of, as primary obligors, all liabilities, obligations and duties imposed upon Captain Hiram's under the terms of this Agreement. This is a continuing guaranty and shall apply to any and all amendments and modifications whatsoever. 10. Notice: All communications required or permitted to be given hereunder shall be in writing and shall be deemed delivered by one party to another party when personally delivered to him or her or when placed in a depository under the control of the United States Postal Service, and mailed by certified or registered mail, return receipt requested, postage prepaid, addressed to: TO THE CITY: CITY OF SEBASTIAN Attention: City Manager 1225 Main Street Sebastian, Florida 32958 WITH A COPY TO: CHARLES IAN NASH, ESQ. City Attorney Frese, Nash & Torpy, P.A. 930 S. Harbor City Blvd., Suite 505 Melbourne, Florida 32901 TO CAPTAIN HIRAM'S: CAPTAIN HIRAM'S RIVER RAW BAR AND SEAFOOD CAFE Attention: PRESIDENT 1606 Indian River Drive Sebastian, Florida 32958 TO SHAREHOLDERS: Thomas H. Collins Martin H. Carter James P. Hoffman, Jr., c/o Captain Hiram's River Raw Bar and Seafood Cafe 1606 Indian River Drive Sebastian, Florida 32958 11. Binding Effect: All the terms, covenants, warranties and the representations contained herein shall be binding upon the 4 parties, their heirs, successors and assigns. 12. Attorneys Fees and Costs: If any action is commenced to enforce or to construe any term, covenant, or condition of this writing, the prevailing party in such action shall be entitled to all costs and expenses of said action (including reasonable attorney's fees) at trial and all appellate levels, from the unsuccessful party in said action. 13. Entire Agreement: Except as is specifically stated herein, this Agreement constitutes the entire agreement between the parties and supercedes all agreements, representations, warranties, statements, promises and understandings not delivered in connection herewith. No party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in this Agreement or in such documents. 14. Amendments: Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 15. Governing Law: This Agreement shall be governed and enforced in accordance with the laws of the State of Florida, and venue for any action brought hereunder shall lie exclusively in Indian River County, Florida. M7 IN WITNESS WHEREOF: The City, Captain Hiram's, and the Shareholders have caused this Agreement to be signed on their behalf on the date set forth above. CITY OF SEBASTIAN By: Attest: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Sufficiency: Charles Ian Nash, City Attorney Approved for utility matters: By: Richard B. Votapka, P.E. Utilities Director SEBASTIAN INLET MARINA & TRADING COMPANY, INC. By: Pre Attest: By: Secretary (Corporate Seal) C WITMBSES: WITMSSES : WITMSSES: 7 SHAREHOLDERS: Thomas H. Collins, Individually James P. Hoffman, Jr., Individually Martin H. Carter, Individually FIIQ�ci 1111 rl ). T. CITY OF SEBASTIAN UTILITIES DEPARTMENT DATE: June 28, 1993 TIME: 11:40 a.m. [ ] CONFERENCE WITH [x] TELEPHONE CONFERENCE WITH Dick Smith, Engineer SUBJECT: Captain Hiram's Restaurant RESUME OF CONVERSATION: Dick informed me that he is working on an expansion of Captain Hiram's. He wanted to know what he had to submit to the City in regard to a new installation of a sewer line to the existing lift station. I told him to submit the following to me: 1) A letter detailing the scope of work involved 2) Two copies of the sanitary sewer plans 3) Copy of the DER Permit Application I instructed him to call Bill McCain of Indian River County Utilities. I told him that he would most probably have to file a DER Permit because of the additional increase in flow to the County's wastewater treatment plant. Also, his client, Captain Hiram's, would probably have to pay additional impact fees. I told him that there would be no fee for my review since the City did not want to duplicate the County's pre -established fee. It wasn't the intent of the City to place new sewer customers in a double jeopardy situation where both governmental agencies collected permit application fees for the same job for independent review. ORIGINATED BY: COPY TO: B I RogRD (-1aj, loc&hw, off- C&14. a 4+V'^ h A*-Y- Av6 . Z, 1993 0 a LOCATION OF NEW WA -TE CAPTAIN MGTEIZ. FUI� CAFTIa1N wizzMSS i4112,AM5 AUC., 2, )CA?) l -WE WAE2 METER 'FOR THE DOC iS Ik S ❑ UNa7tR T e. STt�IRS GOfJTROL DAtJS - 00 CI ❑ 4 PARKImc, Lo—i VRIVEWAV ISL.L cn Z i r d ; sPACC D z,. ren v! i NEW psi TER MIE1-I .33� M6TtR � --- INDIPtJ RIVER DRIVE y N City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT: ) WATER SYSTEM CONNECTION ) AGREEMENT BETWEEN CITY OF ) SEBASTIAN & CAPT. HIRAM'S ) APPROVED FOR SUBMIT L ) City Manager: Cr ) AGENDA N0. 7L) DEPT. OF ORIGIN UTILITIES DATE SUBMITTED 6/29/93 FOR AGENDA OF JULY 7. 1993 Exhibits: Water System Connection Agreement EXPENDITURE AMOUNT APPROPRIATION REQUIRED: n/a BUDGETED: n/a REQUIRED: n/a SUMMARY STATEMENT On April 27, 1993, Thomas Collins, President of Captain Hiram's River Raw Bar and Seafood Cafe requested permission from the City to allow Captain Hiram's to connect to the Oyster Point/Oyster Bay Water System. The Board of Directors for Oyster Bay/Oyster Pointe had reviewed and approved the request. I subsequently discussed the matter with City Manager Robb McClary and drafted a Water System Connection Agreement. It has been reviewed by Tom Collins, Robb McClary, and City Attorney Charles Nash, who drafted the final attached agreement. RECOMMENDED ACTION I am requesting that the attached agreement be placed on the City Council Agenda for the July 7th Workshop Meeting for the Council's perusal, discussion and approval. H E H 0 R A N D U H DATE: June 29, 1993 / FROM: Richard Votapka, Utilities Director �Q V TO: Bruce Cooper, Acting City Manager ✓,� J SUBJECT: Water System Connection Agreement between the City of Sebastian and Captain Hiram's On April 27, 1993, Thomas Collins, President of Captain Hiram's River Raw Bar and Seafood Cafe requested permission from the City to allow Captain Hiram's to connect to the Oyster Point/Oyster Bay Water System. The Board of Directors for Oyster Bay/Oyster Pointe had reviewed and approved the request. I subsequently discussed the matter with City Manager Robb McClary and drafted a Water System Connection Agreement. It has been reviewed by Tom Collins, Robb McClary, and City Attorney Charles Nash, who drafted the final attached agreement. I am requesting that the attached agreement be placed on the City Council Agenda for the July 7th Workshop Meeting for the Council's perusal, discussion and approval. ■ GARS' B. PRESE��t CXAJ aS IAT: NASE' %71NCETT G. TDRPT. JR. R3CRARD E. TORPf' GRZGORT S. B:ANSEN J. PATx30S A3.'DERSON LAvRA L. ANDERsoN CELa asA. Sc=zxNGzn R'ILLUX A GRIMY or COUNSEL FRESE. INTASH & ToRry. P.A. ATTORNEYs AT LA3r June 24, 1993 Richard B. Votapka, P.E. Utilities Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 930 S. HnxBOR CIT- B.Ivn. Small 505 MELBOURNE. FS.ORMA 32901 (4071984-3300 FAM (407)953-3741 tsw Osuaan a T�mN 'Hwm Osarnay a 1Geva hvnan+o Yau Panawas RE: Utility Department Matters Water System Connection Agreement Between the City of Sebastian and Captain Eiram's Our File No: 93-9659 Dear Rich: I have enclosed with this letter the original proposed Water System Connection Agreement with the revisions you requested on pages 2, 4 and 5. Please note that I did not revise the title of the agreement because, in my opinion, such a revision is not needed. I would recommend that once this agreement is approved by all appropriate parties, including the Sebastian City Council, it be signed in at least two original counterparts whereby the City would keep one original counterpart and Sebastian Inlet Marina & Trading Company, Inc. would keep an original counterpart. CIN:bd Enclosure as stated very trul yours FRESE, SH & TOPLPY, P.A. Char es Ian Nash City Attorney 101 WATER SYSTEM CONNECTION AGREEMENT THIS AGREEMENT made this day of , 1993, by and between the City of Sebastian, a municipal corporation created and existing under the laws of the State of Florida, (the "City"), whose principal office is located at 1225 Main Street, Sebastian, Florida, 32958, Sebastian Inlet Marina & Trading Company, Inc., a Florida corporation, doing business as Captain Hiram's River Raw Bar and Seafood Cafe, (hereinafter "Captain Hiram's"), whose principal office is located at 1606 Indian River Drive, Sebastian, Florida, 32958, and Thomas H. Collins, an individual, Martin H. Carter, an individual., and James P. Hoffman, Jr., an individual, (all three foregoing individuals hereinafter collectively "Shareholders"). WHEREAS, Captain Hiram's has sought permission from Oyster Bay/Oyster Point Condominiums Association, Inc., a Florida corporation, (hereinafter "Oyster Bay") to utilize the potable water system owned and operated by Oyster Bay for a back-up to its own water system as described in a letter from P.F. Nohrr of the law firm of Nohrr, Nohrr, Boyd, Howze & Capps, P.A., to Thomas H. Collins, President, dated May 14, 1992, a copy of which is attached to this Agreement as Exhibit "A", and by this reference incorporated herein; and WHEREAS, Oyster Bay has issued a formal letter of authorization granting permission to Captain Hiram's to connect to the Oyster Bay potable water system; and WHEREAS, Captain Hiram's has notified the Indian River County (2) Environmental Health Department of its intent to connect to the Oyster Bay potable water system, and Captain Hiram's has received verbal approval of such connection from Director Michael Galanis; and WHEREAS, the Shareholders own all of the issued and outstanding shares of stock of Captain Hiram Is and will personally benefit by the City entering into this Agreement with Captain Hiram's; and WHEREAS, Captain Hiram's now seeks approval from the City to connect to the Oyster Bay potable water system. NOW, THEREFORE, for and in consideration of the provisions contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the City, Captain Hiram's and the Shareholders agree as follows: 1. Recitals: The recitals hereinbefore provided are incorporated by reference in this Agreement. 2. Costs of the Connection: All costs of installing the connecting pipe between Captain Hiram's and the Oyster Bay potable water system shall be borne by Captain Hiram's and the City shall not contribute any funds towards said costs. 3. Backflow Prevention Device: Captain Hiram shall install, at its sole expense, a backflow prevention device, which shall be one of the four devices as approved by the Florida Department of Environmental Regulation, that shall be located above the ground and accessible for inspection and viewing. 4. Permits: Captain Hiram's shall obtain all necessary 2 03 permits from all applicable federal, state and local governmental entities and agencies prior to installing any portion of its connecting piping. 5. Severance of Connecting Pi -ping: Captain Hiram's agrees to sever, at its sole expense, the connecting piping or tie-in with the oyster Bay potable water system at the time that Captain Hiram's connects to the municipal water system available from the City. In addition, Captain Hiram's agrees to sever the tie with its own water well system(s) at the time that Captain Hiram's connects to the municipal water system provided by the City. 6. Cross -connection: Captain Hiram's shall allow the City to conduct a cross -connection control survey on its premises prior to connecting to the municipal water system operated by the City. 7. Plumbing Modifications: Captain Hiram's shall implement each and every modification required by the City to its existing plumbing on site to correct any actual cross connections or potential health hazards which concern Captain Hiram's connecting to the municipal water system operated by the City, at the time that Captain.Hiram's connects to the City municipal water system. 8. Indemnification: Captain Hiram's hereby agrees to defend, indemnify and hold the City harmless from and against any and all losses, expenses, judgments, reasonable attorneys fees, and any other liabilities arising from any claims, demands, suits and actions made, asserted or filed by anyone in connection with or in any way related to this Agreement or the performance or failure to perform by Captain Hiram's its obligations under this Agreement. 3 M 0 9. Guarantv: Shareholders, jointly and severally, unconditionally and irrevocably guaranty the performance of, as primary obligors, all liabilities, obligations and duties imposed upon Captain Hiram's under the terms of this Agreement. This is a continuing guaranty and shall apply to any and all amendments and modifications whatsoever. 10. Notice: All communications required or permitted to be given hereunder shall be in writing and shall be deemed delivered by one party to another party when personally delivered to him or her or when placed in a depository under the control of the United States Postal Service, and mailed by certified or registered mail, return receipt requested, postage prepaid, addressed to: TO THE CITY: CITY OF SEBASTIAN Attention: City Manager 1225 Main Street Sebastian, Florida 32958 WITH A COPY TO: CHARLES IAN NASH, ESQ. City Attorney Frese, Nash & Torpy, P.A. 930 S. Harbor City Blvd., Suite 505 Melbourne, Florida 32901 TO CAPTAIN HIRAM'S: CAPTAIN HIRAM'S RIVER RAW BAR AND SEAFOOD CAFE Attention: PRESIDENT 1606 Indian River Drive Sebastian, Florida 32958 TO SHAREHOLDERS: Thomas H. Collins Martin H. Carter James P. Hoffman, Jr., c/o Captain Hiram's River Raw Bar and Seafood Cafe 1606 Indian River Drive Sebastian, Florida 32958 11. Binding Effect: All the terms, covenants, warranties and the representations contained herein shall be binding upon the 4 parties, their heirs, successors and assigns. 12. Attornevs Fees and Costs: If any action is commenced to enforce or to construe any term, covenant, or condition of this writing, the prevailing party in such action shall be entitled to all costs and -expenses of said action (including reasonable attorney's fees) at trial and all appellate levels, from the unsuccessful party in said action. 13. Entire Agreement: Except as is specifically stated herein, this Agreement constitutes the entire agreement between the parties and supercedes all agreements, representations, warranties, statements, promises and understandings not delivered in connection herewith. No party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in this Agreement or in such documents. 14. Amendments: Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 15. Governing Law: This Agreement shall be governed and enforced in accordance with the laws of the State of Florida, and venue for any action brought hereunder shall lie exclusively in Indian River County, Florida. 9 OK IN WITNESS WHEREOF: The City, Captain Hiram's, and the Shareholders have caused this Agreement to be signed on their behalf on the date set forth above. CITY OF SEBASTIAN By: Attest* Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Sufficiency: Charles Ian Nash, City Attorney Approved for utility matters: By: Richard B. Votapka, P.E. Utilities Director SEBASTIAN INLET MARINA & TRADING COMPANY, INC. By: President Attest: By: cretary (Corporate Seal) 11 0 WITNESSES: WIT*ESSES: WITNESSES: 9 SHAREHOLDERS: Thomas H. Collins, Individually James P. Hoffman, Jr., Individually Martin H. Carter, Individually City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 SUBJECT: WATER SYSTEM CONNECTION AGREEMENT BETWEEN CITY OF SEBASTIAN & CAPT. HIRAM'S APPROVED FOR SUBMITTAL BY: City Manager: AGENDA NO. DEPT. OF ORIGIN UTILITIES DATE SUBMITTED 6/29/93 FOR AGENDA OF JULY 7. 1993 Exhibits: Water System Connection Agreement EXPENDITURE AMOUNT APPROPRIATION REQUIRED: n/a BUDGETED: n/a REQUIRED: n/a SUMMARY STATEMENT On April 27, 1993, Thomas Collins, President of Captain Hiram's River Raw Bar and Seafood Cafe requested permission from the City to allow Captain Hiram's to connect to the Oyster Point/Oyster Bay Water System. The Board of Directors for Oyster Bay/Oyster Pointe had reviewed and approved the request. I subsequently discussed the matter with City Manager Robb McClary and drafted a Water System Connection Agreement. It has been reviewed by Tom Collins, Robb McClary, and City Attorney Charles Nash, who drafted the final attached agreement. RECOMMENDED ACTION I am requesting that the attached agreement be placed on the City Council Agenda for the July 7th Workshop Meeting for the Council's perusal, discussion and approval. City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 AGENDA FORM SUBJECT: Water System Connection ) Agreement Between City Of ) Sebastian & Captain Hiram's) APPROVED FOR SUBMITTAL BY: ) City Manager: ) Agenda No. Dept. Origin Utilities Date Submitted 6/21/93 For Agenda Of 7/28/93 Exhibits: Water System Agreement EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: SUMMARY The attached Water System Connection Agreement between the City of Sebastian and Captain Hiram's has been revised as per the direction of the City Council at its July 7, 1993 meeting and at the request of Thomas Collins, President of Captain Hiram's as follows: 1) Paragraph 5 has been amended by requiring Captain Hiram's to connect to the City of Sebastian Municipal Water System when available within 60 days of receiving notice from the City. 2) Thomas Collins has requested that the specific requirement of the shareholder guarantee be deleted from the agreement based on the sound financial position of Captain Hiram's. Also, Mr. Collins said that there are more shareholders than those named in the original agreement and the future number of shareholders may be subject to change. After providing financial operating statements to City Attorney Charles Nash for his review, Attorney Nash concluded that the agreement need only be between the City of Sebastian and the Sebastian Inlet Marina & Trading Company, Inc., a Florida Corporation, doing business as Captain Hirams River Raw Bar and Seafood Cafe. RECOMMENDED ACTION The Utilities Department is requesting that Council approve the Water System Cnnection Agreement as revised. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 August 5, 1993 Mr. Thomas Collins, President Captain Hiram's River Raw Bar & Seafood Cafe 1606 Indian River Drive Sebastian, Fla 32958 RE: City of Sebastian Utility Acct #3000-01 & 3010-01 Dear Mr. Collins: In preparing the utility billing for the month of July, we became aware of an error on last month's billing on the above referenced accounts. On account #3000-01, an adjustment in the form of a reduction was made to the meter reading which corrects the error on that account. On account #3010-01, a credit in the amount of $78.46 was applied to your account. The error resulted in the billing procedure we inherited from Indian River Co. Utilities for the Capt. Hiram's boat dock and restaurant. Please excuse our error during this time of transition from the County to the City. Sincerely, Richard Votapka, PE Utilities Director cc: Finance Dept. WATER SYSTEM CONNECTION AGREEMENT THIS AGREEMENT made this lb day of &&4A S4- , 1993, by and between the City of Sebastian, a municipal corporation created and existing under the laws of the State of Florida, (the "City"), whose principal office is located at 1225 Main Street, Sebastian, Florida, 32958 and Sebastian Inlet Marina & Trading Company, Inc., a Florida corporation, doing business as Captain Hiram's River Raw Bar and Seafood Cafe, (hereinafter "Captain Hiram's"), whose principal office is located at 1606 Indian River Drive, Sebastian, Florida, 32958. WHEREAS, Captain Hiram's has sought permission from Oyster Bay/Oyster Point Condominiums Association, Inc., a Florida corporation, (hereinafter "Oyster Bay") to utilize the potable water system owned and operated by Oyster Bay for a back-up to its own water system as described in a letter from P.F. Nohrr of the law firm of Nohrr, Nohrr, Boyd, Howze & Capps, P.A., to Thomas H. Collins, President, dated May 14, 1992, a copy of which is attached to this Agreement as Exhibit "A", and by this reference incorporated herein; and WHEREAS, Oyster Bay has issued a formal letter of authorization granting permission to Captain Hiram's to connect to the Oyster Bay potable water system; and WHEREAS, Captain Hiram's has notified the Indian River County Environmental Health Department of its intent to connect to the Oyster Bay potable water system, and Captain Hiram's has received verbal approval of such connection from Director Michael Galanis; and WHEREAS, Captain Hiram's now seeks approval from the City to connect to the Oyster Bay potable water system. ■OM, THEREFORE, for and in consideration of the provisions contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the City and Captain Hiram's agree as follows: 1. Recitals: The recitals hereinbefore provided are incorporated by reference in this Agreement. 2. Costs of the Connection: All costs of installing the connecting pipe between Captain Hiram's and the Oyster Bay potable water system shall be borne by Captain Hiram's and the City shall not contribute any funds towards said costs. 3. Backflow Prevention Device: Captain Hiram shall install, at its sole expense, a backflow prevention device, which shall be one of the four devices as approved by the Florida Department of Environmental Regulation, that shall be located above the ground and accessible for inspection and viewing. 4. Permits: Captain Hiram's shall obtain all necessary permits from all applicable federal, state and local governmental entities and agencies prior to installing any portion of its connecting piping. 5. Severance of Connecting Pioina: Captain Hiram's agrees that within sixty (60) days of receiving notice that the City of Sebastian utility system can provide potable water to Captain Hiram's, Captain Hiram's shall, at its sole expense, sever the connecting pipes or tie-in with the Oyster Bay potable water system 2 and that Captain Hiram's shall connect to the City of Sebastian municipal water system. In addition, Captain Hiram's agrees to sever the tie with its own water well system(s) at the time that Captain Hiram's connects to the City of Sebastian municipal water system. 6. Cross -connection: Captain Hiram's shall allow the City to conduct a cross -connection control survey on its premises prior to connecting to the municipal water system operated by the City. 7. Plumbing Modifications: Captain Hiram's shall implement each and every modification required by the City to its existing plumbing on site to correct any actual cross connections or potential health hazards which concern Captain Hiram's connecting to the municipal water system operated by the City, at the time that Captain Hiram's connects to the City municipal water system. 8. Indemnification: Captain Hiram's hereby agrees to defend, indemnify and hold the City harmless from and against any and all losses, expenses, judgments, reasonable attorneys fees, and any other liabilities arising from any claims, demands, suits and actions made, asserted or filed by anyone in connection with or in any way related to this Agreement or the performance or failure to perform by Captain Hiram's its obligations under this Agreement. 9. Notice: All communications required or permitted to be given hereunder shall be in writing and shall be deemed delivered by one party to another party when personally delivered to him or her or when placed in a depository under the control of the United States Postal Service, and mailed by certified or registered mail, 3 return receipt requested, postage prepaid, addressed to: TO THE CITY: CITY OF SEBASTIAN Attention: City Manager 1225 Main Street Sebastian, Florida 32958 WITH A COPY TO: CHARLES IAN NASH, ESQ. City Attorney Frese, Nash & Torpy, P.A. 930 S. Harbor City Blvd., Suite 505 Melbourne, Florida 32901 TO CAPTAIN HIRAM'S: CAPTAIN HIRAM'S RIVER RAW BAR AND SEAFOOD CAFE Attention: PRESIDENT 1606 Indian River Drive Sebastian, Florida 32958 10. Binding Effect: All the terms, covenants, warranties and the representations contained herein shall be binding upon the parties, their heirs, successors and assigns. 11. Attorneys Fees and Costs: If any action is commenced to enforce or to construe any term, covenant, or condition of this writing, the prevailing party in such action shall be entitled to all costs and expenses of said action (including reasonable attorney's fees) at trial and all appellate levels, from the unsuccessful party in said action. 12. Entire Agreement: Except as is specifically stated herein, this Agreement constitutes the entire agreement between the parties and supercedes all agreements, representations, warranties, statements, promises and understandings not delivered in connection herewith. No party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in this Agreement or in such documents. 4 13. Amendments: Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 14. Governing Law: This Agreement shall be governed and enforced in accordance with the laws of the State of Florida, and venue for any action brought hereunder shall lie exclusively in Indian River County, Florida. IN WITNESS WHEREOF: The City and Captain Hiram's have caused this Agreement to be signed on their behalf on the date set forth above. CITY OF SEBASTIAN (Seal) Approved7",-7 d Sufficiency: Charles an Nash, City Attorney Approved or utiliitymmatters. By: ze—_ /y. Ylo� Richard B. Votapka, P.E. Utilities Director 5 SEBASTIAN INLET MARINA & ANY, INC. By: �� President Attest: By: — S retary ( s+wntl (Corporate Seal) CITY OF SEBASTIAN UTILITIES DEPARTMENT DATE: August 20, 1993 TIME: 11:30 A.M. [ ] CONFERENCE WITH [x] TELEPHONE CONFERENCE WITH TOM COLLINS SUBJECT: Captain Hiram's Connection Agreement and County Water Main in Indian River Drive Right -of -Way Tom called to apologize for not signing the water connection agreement. He had been away at Ocean City, Maryland for three weeks. He said that he would drop in this afternoon and deliver it signed and sealed. Tom also asked if a water main could be installed by Indian River County on Indian River Drive to loop the County's system from the north to south City limits. He would help in any way possible. He said he was familiar with all of the key personnel in the County Utilities Department. I told Tom that the City needed to meet with County officials on the wholesale rates for sewer and water first. The City was only getting a 5% discount for wholesale rates. Tom asked if he should appear before the City Council. I told him not at this time. I asked him to let me speak with the Acting City Manager first. ORIGINATED BY: �'�� /J- VO T-4 COPY TO: Kay O'Halloran. Acting City Manager/City Clerk mems/Collins City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 ;fit J JNJ J 112 -A IN D J P1 DATE: September 7, 1993 OO FROM: Richard Votapka, Utilities Director N.3 ✓ TO: Marge Poole, Finance Department SUBJECT: Oyster Bay/Oyster Pointe and Captain Hiram's Utilities Billing Procedure On August 1, 1993, Captain Hiram's connected to the Oyster Bay/Oyster Pointe Resort water system. As a result, a new water meter was installed for providing potable water to Captain Hiram's restaurant and a new water meter was installed for irrigation. The old meter that had been installed under the stairs of Captain Hiram's to record potable water flows for the restaurant was disconnected. The new procedure for billing is as follows: Oyster Bay/Ouster Pointe Resort 1. Calculate the differences in monthly readings from Oyster Bay/Oyster Pointe Master Meter No. 80600931 2. Subtract the difference in monthly readings from Captain Hiram's potable water meter No. 1486954 3. Subtract the difference in monthly readings from Captain Hiram's irrigation meter No. 1486955 4. Subtract the difference in monthly readings for Hurricane Harbor (Hurricane Harbor is not billed since it is not connected to sewer) Volume Input by Finance Subtotal 5. Computer multiplies ZZZZ by 85% for the sewer volume 6. Total sewer volume for Oyster Bay/Oyster Pointe Cal l me (1000) VVVV -WWWW -XXXX -YYYY ZZZZ X 0.85 = AAAA Page 2 of 3 September 7, 1993 Memo to Marge Poole Example - Month of August 1993 Step 1. Oyster Bay/Oyster Pointe Master Meter No. 80600931 September Reading 2875 August Reading -2007 Volume for Month of August 868 Step 2. Captain Hiram's Potable Master Meter No. 1486954 September Reading 158 August Reading - 0 Volume for Month of August 158 Subtract Step 3. Captain Hiram's Irrigation Meter No. 1486955 September Reading 56 August Reading - 0 Volume for Month of August 56 Subtract Step 4. Hurricane Harbor Meter No. 1264189 September Reading 1448 August Reading 1380 Volume for Month of August 68 Subtract Step 5. Total Volume Input Amount By Finance Department Internal Computer Calculations (Computer Multiplies by 85%) x Actual Sewer Volume Used For Billing Captain Hiram's Restaurant 1. Calculate the difference in monthly readings from Captain Hiram's Master Meter No. 1486954 located on the north side of the property 2. Subtract the difference in monthly readings from the Captain Hiram's Boat Dock Meter No. 1264198 located inside the restaurant Total Volume Input Amount By Finance Department 3. Computer multiplies ZZZZ by 85% for the sewer volume 4. Total sewer volume for Captain Hiram's Restaurant (The water used for the Boat Dock does not generate any sewage flow). Gallons (1000) 868 - 158 - 56 - 68 586 0.85 498 XXXX - yyyy ZZZZ x 0.85 = BBBB Page 3 of 3 September 7, 1993 Memo to Marge Poole Example - Month of August 1993 Step 1. Captain Hiram's Master Meter No. 1484954 September Reading 150 August Reading - 0 Volume for Month of August 150 Step 2. Captain Hiram's Boat Dock Meter No. 1264198 September Reading 684 August Reading - 666 Volume for Month of August 18 Subtract Gallons (1000) I W11 - 18 Step 3. Total Volume Input Amount By Finance Department 140 Internal Computer Calculation (Computer Multiplies by 85%) x Actual Sewer Volume Used For Billing 2eKa\P 0a I e. cap OHM 119 Knight, McGuire & Associates, Inc. Consulting Engineers and Planners 830 Azalea Lane, Suite 204 Vero Beach, Florida 32963 David S. Knight, P.E. Scott B. McGuire, P.E. September 22, 1993 Richard B. Votapka, P.E. Utilities Director City of Sebastian P.O. Box 780127 Sebastian, FL 32978 RE: Captain Hiram's Restaurant Utility Lateral Service for the Dockhouse Dear Mr. Votapka, Phone 407-231-2533 FAX 407-231-1398 Enclosed please find three (3) revised sets of utility construction drawings with modifications reflecting your review and "red -line" of plans on August 13, 1992, and comment letter dated August 16, 1993. The following are responses to your comments. 1. The East R/W line has been revised to depict 66 ft of R/W; 33 ft from the centerline to the East R/W line. 2. The lengths of pipe and inverts have been revised and correctly depicted on the plan. 3. Clean-out locations have been revised accordingly. 4. Approximate dimensions of Captain Hiram's Restaurant and parking area are depicted and have been revised in accordance with your "red -line". 5. The control panel has been depicted in its correct position. The point of connection is East of the control panel. 6. The 1 1/4" irrigation well has been depicted on the plans. The I.R.C. Environmental Health Department does not have a setback or encasement requirement for sewer laterals adjacent to irrigation wells. This has been confirmed by Glen Schuessler at H.R.S. Recycled/Recyclable 7. All items have been modified. 8. A "typical cleanout" detail has been included on the plan. If you have any further questions, or need any additional information please do not hesitate to contact me at the office. Sincerely,� d Joseph W. Schulke, P.E. JWS:pwe\votapka City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 October 15, 1993 Mr. Joseph W. Schulke, P.E. Knight, McGuire & Associates, Inc. 830 Azalea Lane, Suite 204 Vero Beach, FL 32963 RE: Captain Hiram's Restaurant Utility Lateral Service for New Four Unit Motel Dear Mr. Schulke: I have reviewed the revised prints of the utility construction drawings that you sent me and find all revisions to be satisfactory. Therefore, I am returning two (2) approved copies to you and retaining one copy for my files. I request that you send me one signed and sealed print of a Record Drawing for the service connection once construction has been completed. Thank you. Sincerely, Z�E4�x, u�; Richard B. Votapka, P.E. Utilities Director RBV/nsv Enclosures City of Sebastian 1225 MAIN STREET IJ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 M E M O R A N D U M DATE: December 27, 1993 TO: File FROM: Rich Votapka, Utilities Director gov RE: Martin Carter of Captain Hiram's (589-4345) New Meter at Captain Hiram,s Martin called me to report that there is a new dock meter which has been installed on the South side of the motel building. There is also a meter which exists under the stairs. The readings from both meters should be subtracted from the master water meter total to calculate the sewage flow to the lift station. CAPTA 7.11 1-I IRAf.�15 r REGOUSTFZ IJG7' EK15T CO t..1 gTFCL1GT 4 " aS M 7, Pt�Jla `� VAL.v 1= W/ VA Lvt=, jg CJX i. T-1RUST (:>SLCD.CK (EX 15T OYSTER PDINT SEWAGE TREATMENT PLANT =,2, G. -Pm,L.:f US 87 -Z7 -CCS No. Co. So6va3,'r--A Se. -.%-e Sys k,.. Cv-*,PLt ►/- 3 I �`.".^"....... REG -o �ISTRUGT- EK75T vAVt✓(�....' ,N/� RO.nG7.� IAJ- K7l`Ip I N � N M � N N z 2 lLL Y V � ttV y COL .2v 0 o a` � FACSIMILE TRANSMISSION LEAD SHEET a � 1�5II•� FAX TO: DATE: Jy+N. 5, 1994 I� (FAX NUNIDFR) NUMBER OF PAGES TO FOLLOW THIS COVER SHEET: TO/NAME: Ton. CoLuNs COMPANY NAME: C APT. H I R AM 'S RI\JM ZAw 13 At CITY/STATE: S F -a& sm k d , FL. LOCATION: 1(co(c I NDiM1 I ivm D2iv-e PHONE: 58 9 -434.5 FROM/NAME: CITY OF SEBASTIAN UTILITIES DEPARTMENT LOCATION: C )T f W A u. - PHONE: 589-5330 SUBJECT: ORIGINAL WILL FOLLOW ❑ ORIGINAL WILL NOT FOLLOW 0 COPY WR -L MESSAGE: 3/1693 City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 January 4, 1994 F1. Dept. of Business & Professional Regulation Division of Hotels & Restaurants 400 West Robinson St. North Tower, Suite 509 Orlando, F1 32801-1732 Attn: Shaji George Re: Captain Hiram's River Raw Bar, Sebastian, F1 City of Sebastian Utility Acct. No. 3000-01 Dear Mr. George: This letter is to inform you that Captain Hiram's River Raw Bar at 1606 Indian River Drive, Sebastian, Florida is physically connected to the City of Sebastian municipal sewerage system. The City owns and operates a sewage lift station in the northwest corner of Captain Hiram's site to which the sewer laterals from the Captain Hiram's restaurant -motel complex are connected. The City bills Captain Hiram's on a monthly basis for the amount of sewage discharged into the system. Should you have any additional questions about Captain Hiram's connection to the Sebastian sewer system, please call me at (407) 589-5330 Ext. 45. Sincerely, Richard B. Votapka, P.E. Utilities Director cc: Tom Collins Via Fax 589-5100 RBV/sg BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (407) 567-8000 January 17, 1994 Richard B. Votapka City of Sebastian P.O. Box 780127 Sebastian, Florida 32978 �. —T, 093 I 1 1993 SUBJECT: CONNECTION OF FACILITIES WITHIN THE CITY OF SEBASTIAN TO THE COUNTY WASTEWATER SYSTEM WITHOUT THE PAYMENT OF IMPACT FEES. Dear Richard: It has come to our attention that a new building has been constructed and sewer service connected to the County wastewater system at Captain Hiram's on Riverside Drive. The County has no record of receipt of the impact fees from the City for providing this service. The County would request your review of this matter and would request your submitting the required impact fees. We would also request the data the service was connected to the system and a copy of the payment if required. Thank you for your attention to this matter. Sinc ely, !� �• Har E. Asher Assistant Director of Utility Services HEA:sb cc: James E. Chandler, County Administrator (VOTAPKA.HEA)sb ke, I To� l kd Hofer Lvvf r s 1 ca i,c if MEMORANDUM DATE: January 18, 1994 TO: Capt. Hirams and Meter Reading File FROM: Richard Votapka, Utilities Director "✓ SUBJECT: Captain Hiram's Restaurant & Motel January Bill Determination (reading in 1000's) Ni Master Meter Reading 697 January 1994 534 December 1993 163 Gallons used M'L Boat Dock (meter in kitchen)- 15 Avg reading last 4 months 148 M3 Boat Dock - 71 Meter Total Usage 77 Note: Meter reading in kitchen for the boat dock read 5,448 on January 4, 1994. In December the reading was 724. Therefore, a new meter had to be installed because their was no continuity on the meter register. The new meter south of the new motel building read 71 (71,000 gallons) i. M3 December bill November bill October bill September bill August bill July bill (1000's of gallons billed) 86 134 46 140 a0 220 To Ro11T -ro 604-r 1 DecH PT, HIQAry� V 4 Dec RE57Av"In NRR SM,2$ Iwilef atD&. M2. nt rns-rea. Ne-w� M3 OUTS109 UWDe(L SkWD V Faoh a 0 e Mh u M2 + M3 = water usage (no sewer) M3 meter is under the sand approximately 3' to the south of the south side of the building. BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (A07) 567-8000 February 8, 1994 Richard B. Votapka City of Sebastian P.O. Box 780127 Sebastian, Florida 32978 SUBJECT: CORRESPONDENCE JANUARY 17,1994 CONCERNING CONNECTION OF FACILITIES WITHIN THE CITY OF SEBASTIAN TO THE COUNTY WASTEWATER SYSTEM WITHOUT THE PAYMENT OF IMPACT FEES Dear Richard: This is our second request for payment of the impact fees for the additional building that has been connected at Captain Hiram's on Riverside Drive. The County insists that no further connections be allowed to its system unless impact fees are paid prior to connection. If the County does impact fees prior to the next monthly billing, the amount will be added billing. Thank you for your assistance in this matter. Sincerely, Harry .Asher Assistant Director of Utility Services HEA:sb cc: James E. Chandler, County Administrator Terrance G. Pinto, Director of Utility Services (VOTAPKAS.HEA)sb within the City not receive the to the monthly City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 February 8, 1994 Mr. Thomas Collins, President Captain Hiram's River Raw Bar & Seafood Cafe 1606 Indian River Drive Sebastian, FL 32958 RE: Impact Fees for New Four Unit Motel At Captain Hiram's River Raw Bar Dear Mr. Collins: I received a letter written on January 17, 1994 from Harry Asher, Assistant Director of Utility Services, in regard to non- payment of impact fees for the new motel building that was constructed at Captain Hiram's. I informed Jim Hoffman and Dick Smith about this on January 21, 1994. Dick told me that he would speak to you about this matter. To date, I have not received any response from you or your associates. Our records indicate that Indian River County transferred 15 ERU's to the City on May 1, 1993 when the City took over the system. Was all of this capacity for the restaurant or was some purchased in reserve for the four (4) unit motel for the future? Please advise me as soon as possible. Meanwhile, I will contact the Indian River County Utilities Department for further information. Sincerely, Richard B. Votapka, P.E. Utilities Director RBV/nsv Enclosure - 1/17/94 Letter from Harry Asher FACSIMILE TRANSMISSION LEAD SHEET FAX TO: S 89 — S(Ob DATE: FEB . L 199 4 (FAX NUNMER) NUMBER OF PAGES TO FOLLOW THIS COVER SHEET: TO/NAME- -To1�A CouuloS COMPANY NAME: C AP -T. "19- N t -A Rt�� �Aw t3 A2 CITY/STATE: 5 EC3 AAIy 1= L . LOCATION• I (OOG l tJDtAN Rtvm Dtztvr< PHONE: 589-8000 FROM/NAME: CITY OF SEBASTIAN UTILITIES DEPARTMENT LOCATION: G1714 HALA PHONE: 589-5330 SUBJECT: LMPAG-T F+zs Fop- NEW tel- UA)t i ho-eL- BLDG ORIGINAL WILL FOLLOW Imo, ORIGINAL WILL NOT FOLLOW ❑ THIS FAX WAS TRANSMITTED FROM 589-5570; MESSAGE: _- 'kv^ FAXtNCA `t'oU N COPY of HwescY N%RM'S t ErzcRr DAZED J A V. 1-1 A ob FI= a. 8 1 9 9 L}. , A+3D A 0-0411 OF MY L E-rrfd L To `(oL) of Ftcs. 8 , k'i't 4. SOOAI AF -CM Z Iz26lVEY1 PARR('S LET -TM OF JR' , Yl 2EVPr2a.,� Nott-P00f M,-rT OVtMPACT FEES t1. FOR YOV& N) ISUILDIW', Nt1�N T Nt"7FRUFQAK YOV / Z we 6, YOV A Lt-7'TCIC OrJ 87N �%A iAOFFMA.) CAt-�eromc- 9u h DIFF".,m Hs,77YL, So Z INFOQNEO NIM, NE Prr DjcA SMITLA ai.) TUE LINE' WWO SOLD ME HkD LOOK W -M '%IE MA77ela ISND CALL YUU. SIelCE Nt1�N T Nt"7FRUFQAK YOV / Z we 6, YOV A Lt-7'TCIC OrJ 87N YES'fFIR.OAY Z YLCL I p h Lt -l -(M FYLOM H AVN A c kc'Q. tQQ J -rm, , o w) F",8 -P4 , THIS PeoMPTeo t^'( GhLL TO YOJ THIS mo(2W%QG, pLc--ASL' WVe'S7I6ATE _rKF N1693 "n-melL. *4 )o IUFp(LM Kr vtj SJON As PO.SSIdLt AS To RaSOLVINb Tnr )MOALT FL-cS CITY OF SEBASTIAN UTILITIES DEPARTMENT DATE: February 11, 1994 TIME: 10:55 a.m. [ ] CONFERENCE WITH [x ] TELEPHONE CONFERENCE WITH Tom Collins, President of Capt. Hiram's SUBJECT: Non-payment of Impact Fees for 4 Unit Motel RESUME OF CONVERSATION: I called Tom about the letters I had received from Harry Asher, one dated January 17 and the other February 8. I told him that I spoke with James Hoffman who had put me in contact with Dick Smith. Dick was to call Tom about this. Tom said that he was never notified. Tom said that he saw Harry Asher about a year ago concerning the 4 unit motel. He agreed upon purchasing 3 or 4 ERU's in that meeting. Tom thought that the meeting was definitely prior to me coming on board with the City. That would have been prior to March 1, 1993 and certainly prior to the County transferring the lift stations over to the City, which was May 1, 1993. Tom said he was unsure whether or not he paid for the impact fees but he would check. Later Tom called me around 2:50 p.m. He said that he initially bough 15 ERU's and purchased 3 additional ERU's on March 13, 1991. Tom said that he tried to call Harry Asher, but Harry was out until Monday. ORIGINATED BY: �• Q �� �y�" COPY TO: Remo/ch DATE: April 13, 1994 TO: Ron, Tom, Skip, or Bob FROM: Richard B. Votapka, Utilities Director t[SVI SUBJECT: Meter Readings at Captain Hiram's Martin Carter, one of the principal owners of Captain Hiram's Restaurant called to request that he look at the meters on his property when you come to read them. He assured me that he'd be readily available on the premises and that he would not slow you down in taking the readings. He is concerned that the restaurant is paying very high monthly utility bills. Next month when you go to Captain Hiram's, inform one of the staff members that you are there to read meters and that Martin Carter wished to read the meter with you. If you have to wait more than a couple of minutes for Martin, go read the meters. Let me know if this will be a problem for you. I certainly don't want to have you slowed down by an owner who insists that his meter be read in his presence each month. However, for a customer who pays over $1,000.00 per month, we can at least notify him next time so he can look at the meter register once.