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Packet 07-17-2001
r QpCE r City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX Cr"OF 111 Polk Avenue, Cape Canaveral, Florida CAPE`"FMVERA` TUESDAY July 17, 2001 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Proposed Pedway from N. Ridgewood Ave. to Harbor Drive, Leo Nicholas. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 19, 2001. 2. Reuse Project Phase IV, Final Change Order. 3. Cooperative Purchase of Sea Oats for Sand Fence Project. 4. Authorization to Apply for a Community Planning Technical Assistance Grant. 5. Cost Share Agreement with the St. John's River Water Management District to Implement a Stormwater Utility. 6. Authorization to Bid the Resurfacing of Tennis Courts. 7. Cooperative Purchase of (8) Sets of Bleachers for the Two Ball Fields. 8. Outdoor Entertainment Permit, V.F.W. Post 10131. 9. Authorization to Utilize the Brevard Community College Allied Health Building as a City Emergency Operations Center and Employee/Family Shelter. 10. Cooperative Purchase of a Pierce Quantum 105 Heavy Duty Aerial Ladder Fire Truck. 11. Renewal of Audit Service Agreement with Bray, Beck and Koetter. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone(321) 868-1200 • FAX(321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2001 Page 2 CONSIDERATIONS: 12. Designation of a Voting Delegate to the Florida League of Cities Annual Conference. RESOLUTIONS: 13. Motion to Adopt: Resolution No. 01-20; Authorizing the City Manager and City Attorney to Enter Into a Leasing Agreement for the Purchase of a Ladder Truck with Leasing (2). 14. Motion to Adopt: Resolution No. 01-21; Adopting a Tentative Proposed Millage Rate for the Levy of Ad Valorem Taxes for Fiscal Year 2001/2002. 15. Motion to Adopt: Resolution No. 01-22; Re-Appointing Members to the Construction Board of Adjustment and Appeals. DISCUSSION: 16. Mobile Vending. 17. Recognition of Mr. William Bennix. 18. Ridgewood Avenue Road Reservation. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting.Citizens will limit their comments to five(5)minutes.The City Council will not take any action under the"Audience To Be Heard" section of the agenda.The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105,Florida Statutes,the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of the proceedings,and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221)48 hours in advance of the meeting. E... Meeting Type: Regular Meeting Date: 07-17-01 r' =� AGENDA _ F Z Heading Presentation CITY OF CAPE CANAVERAL Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: PROPOSED PEDWAY FROM N. RIDGEWOOD AVENUE TO HARBOR DRIVE, LEO NICHOLAS DEPT./DIVISION: Requested Action: Mr. Leo Nicholas has requested to address city council on this proposed pedway and its effect on the Harbor Heights residents. Summary Explanation&Background: N/A Exhibits Attached: N/A City Ma re;-j�/(Office - Department cape-nt ydocuma mi council\meeting\2001\07-17-01\pedway.doc }g4pC>E qN City of Cape Canaveral N CITY OF CAPE CANAVERAL Sidewalk (Pedway) from N. Ridgewood Ave to Harbor Heights. This is what the City of Cape Canaveral has worked on to date. • The city has tasked its staff and the city engineer's to have town meetings with the residents of Harbor Heights, Ocean Woods and Ocean Oaks. These town meetings will be held to seek input from residents on what type of sidewalk (pedway) should be constructed, if any. • The city evaluated (4) parcels of land in an effort to apply for a Florida Forever grant to preserve property from future development. One of the parcels that was evaluated was the last vacant beach front lot in Harbor Heights. The city elected to apply for a $1.5 million dollar grant to acquire an 8.5 acre parcel at the south — west intersection of N. Atlantic Ave. and W. Central Blvd. • No additional parking spaces are planned for the Harbor Heights beach end. • No road will be constructed connecting N. Ridgewood Ave to Harbor Dr. The roadway extension was taken out of the comprehensive plan in January of 1999. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 . FAX(321) 799-3170 . fcn.state.fl.us/cape/ e-mail: cape@iu.net City Council Regular Meeting City Hall Annex 111 Polk Avenue, Cape Canaveral, Florida Tuesday June 19, 2001 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Council Members Absent: Larry Weber Others Present: Bennett Boucher, City Manager Mark McQuagge, Assistant City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer Morris Reid, C.B.O., Building Official Chief Dave Sargeant, CCVFD Todd Peetz, City Planner PRESENTATIONS: Summer Beautification Commercial Award — Kelsey's Restaurant On behalf of the Beautification Board, Mr. Nicholas will present the award to the owner in person since he was unavailable. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 5, 2001. 2. Canceling the Regular City Council Meeting of July 3, 2001. Mayor Randels asked if any member of Council, staff or any interested party desired to remove an item from the Consent Agenda for discussion. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Consent Agenda Items No. 1 and 2. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 Page 2 CONSIDERATIONS: 3. Authorization to Purchase a New Ladder Truck and Disposition of the Aerial Fire Truck. A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve Authorization of the Purchase of a New Ladder Truck and Disposition of the Aerial Fire Truck. Chief Sargeant explained that it is the economics of maintaining the existing fire truck and changes in technology that prompt him to request a new Ladder truck. He explained further that the new truck would allow rescue to additional heights and allow staff the benefit of flowing foam. Chief Sargeant stated that steering is capable from the cab through "all- steering." Mayor Randels clarified that approval from the Council would allow Chief Sargeant to proceed to present authorization and disposition to the Canaveral Port Authority Commission as well. Chief Sargeant responded to Mr. Nicholas that the capability to flow foam is also beneficial in a tanker fire. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. 4. Proposal with Cape Canaveral Scientific, Inc. to Prepare Two Florida Forever Grant Applications. A motion was made by Mr. Bruns and seconded by Mayor Randels to approve a proposal with Cape Canaveral Scientific to prepare two Florida Forever Grants. Mr. Boucher reported on the two available properties for use of the grant funding, 1) a 8.5 acre site located at the southwest corner of West Central Blvd. and N. Atlantic Avenue at an asking price of$1 .5 million dollars, and 2) a 4.82 acre site just south of Center Street. He recommended to pursue three of the Center Street acres and to leave the remaining acres for the Cape Canaveral hospital project. Mr. Boucher reported that he had researched the cost of using another grant writing service whose base price is approximately $4,000. Mr. Boucher stated that Cape Canaveral Scientific would charge a total of $7,640 to include $2,250 for the Ecological and Plant Survey. Ms. Adams stated that a depiction of the plant species in the area is essential to the project package. Mayor Randels clarified that the environmental study would precede the application in order to assess the points to continue. The motion passed 3-1 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Mr. Treverton, For. A motion to amend the main motion was made by Mayor Randels and seconded by Mr. Bruns to authorize the City Manager to proceed with the grant application should the points criteria be met on the plants and ecology survey. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 Page 3 RESOLUTIONS: 5. Motion to Adopt: Resolution No. 01-16; Issuing Permitting Fees to Telecommunications and Cable Providers. Mayor Randels read Resolution No. 0 1-16 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to adopt Resolution No. 01-16, Issuing Permitting Fees to Telecommunications and Cable Providers. Ms. Bowers explained that the State has consolidated municipal, county and state telecommunication taxes into one tax. She explained further that the State conversion rates are based on what the City collected during the 1999 calendar year to include information from the utility companies. Ms. Bowers clarified that this resolution would establish that the City would not charge a Building permit fee on telecommunication services and choose the option to apply the .12 percent tax. Ms. Bowers responded to Mr. Bruns that this tax would be applied to any telecommunication service and would be administered at the State level. Mr. Boucher explained that in an existing community such as Cape Canaveral the benefit favors applying the tax increase. Ms. Bowers stated that monitoring the revenue streams would enable the City to make any necessary changes in the future through an emergency ordinance. Mr. Nicholas questioned the State's fee to perform collections. Ms. Bowers stated that she was assured that the fee would not be derived from local level revenue. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. 6. Motion to Adopt: Resolution No. 01-17; Flat Rate Telecommunication Fee. Mayor Randels read Resolution No. 01-17 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA RELATING TO INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR INCREASED LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Ms. Bowers stated that this resolution would adopt the conversion rate. She explained that the State provided a 4.9 percent rate for this year based on revenue data submitted and 4.5 percent for preceding years. She stated that this year's increase reflects an 11-month collection period. Ms. Bowers explained that the City has the option of increasing to 5.1 percent and she related how the City could increase to the 5.1 percent rate and use the difference of .4 percent from last year's 4.5 percent rate and adding on to this year's rate to increase to the maximum allowable rate of 5.5 percent. Ms. Bowers clarified that the decision is to remain at 4.9 percent or to increase to the 5.1 percent and add on the .4 City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 Page 4 percent difference. Ms. Bowers replied to Mr. Bruns that she could provide a quarterly report of revenues collected. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. 7. Motion to Adopt: Resolution No. 01-18; Appointing a Regular Member and First Alternate Member to the Business and Cultural Board. (Wm. Young and E. Foy). Mayor Randels read Resolution No. 01-18 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER AND ONE FIRST ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Treverton to adopt Resolution No. 01-18 to appoint William Young as a Regular Member and Elizabeth Foy as a First Alternate Member to the Business and Cultural Development Board with terms to expire on June 1, 2003. Mayor Randels directed the City Clerk to notify the Board members of their appointments. 8. Motion to Adopt: Resolution No. 01-19; Renewal of the Engineering Services Agreement. Mayor Randels read Resolution No. 01-19 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE ENGINEERING SERVICES CONTRACT WITH STOTTLER, STAGG AND ASSOCIATES TO PROVIDE ENGINEERING SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to adopt Resolution No. 01-19 to Renew the Engineering Services Agreement with Stottler, Stagg and Associates, Inc. Mr. Boucher related that he solicited staff input on the Engineering services. He stated that site plan reviews are the firm's strongest area. Mr. Boucher recommended that Brown and Caldwell provide engineering services for the wastewater facility and Stottler, Stagg would provide general engineering services. Mr. Pekar related that their firm anticipates the City's continued growth and that the firm is active in the community. Mr. Pekar also related that site plan reviews are the firm's main function. He explained how processing documents between the firm and the City's Building Department was reviewed. Mr. Reid stated that the firm's work product on Manatee Sanctuary Park project bid documents was not fully acceptable, however site plans are favorably performed. Mr. Pekar related that he would provide a checklist for Mr. Reid that would assist with the procedural aspects of the site plan review. Mr. Reid related that other entities are also involved in the site plan review to include the City Planner, Public Works and the Fire Department and how this adds to the difficulty of a comprehensive review. Mr. Treverton spoke in favor of the firm and Mr. Bruns concurred. Mr. Bruns expressed that effective communication between the firm and City's staff needs to be addressed. Mayor City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 Page 5 Pro Tem Petsos supported the one-year renewal. Mayor Randels read a letter from Mr. Weber who also spoke in favor to retain the firm. Mayor Randels related that the firm addressed prompt site plan reviews this year resulting in a five-day turnaround. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. DISCUSSION: 9. Storm Water Marker Volunteer Project. Mr. Boucher related that the City in conjunction with the County and the St. John's River Water Management District and other Brevard County communities performed a cost - sharing project to provide "snook" markers for storm water drains. Mr. Boucher outlined the nature of the project and its benefit to the community. Mr. Boucher asked if Council would like to proceed with this as a volunteer project. Council agreed and set the date as Saturday, July 21St REPORTS: 1. City Manager • Mr. Boucher announced the Annual League of Cities Conference as August 23rd through the 25th and he requested to attend this year's conference, Council concurred. • Mr. Boucher reported that he received a quote from Canaveral Scientific, Inc. to pursue cost-share funding for the baffle box on International Drive available from St. Johns in an amount of $50,000 with a required $50,000 match from the City. The cost to pursue the grant is $5,960. Mr. Boucher responded to Mr. Bruns regarding dredging outfall in that a development plan would be done to ascertain what is needed prior to installing a baffle box. Ms. Adams clarified for Mayor Randels that this funding does not come under funding from Section 319 of the Clean Water Act. She related how she learned of the funding and that prompt action is necessary. Request for an Add-on Item A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns for an Add-on Item of the Estimate for the Grant Services for St. John's River Water Management Local Government Cost Share Program Grant for the Cape Canaveral Baffle Box Project on International Drive to the meeting agenda. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For. A motion was made by Mr. Bruns and seconded by Mr. Treverton to pursue the $100,000, 50-50 Matching Grant from the St. John's River Water Management for a Baffle Box on International Drive with a cost for grant application services to Canaveral Scientific, Inc. in the amount of $5,960.00. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For • Mr. Boucher distributed a draft letter on the Hospital Mitigation Project. Mayor Randels clarified that the hospital is asking for a letter that denotes the City's support. Mayor Pro Tem Petsos requested that the language in the letter restate the previous motion in that "the terms of the plan shall be mutually agreed upon by all parties." City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 Page 6 • Mr. Todd Peetz explained how the County is reviewing school capacity issues and addressing school concurrency to determine if schools were able to meet the needs of a growing community. He explained how municipal review would outline the needs of the school community and recommended that the City determine what is being proposed prior to taking any action. • Mr. Boucher reported that the Fireworks signs would be available this week for installation on the dune crossovers. • Mr. Boucher reported on the title search regarding the 50-foot right-of-way within the Villages of Seaport. He related what the City Attorney summarized in a memo in that ownership of the road is not clear and an action for quiet title could be appropriated at this time should that be Council's desired course of action. Council agreed to place the item on the next City Council Meeting agenda for discussion • Mr. Boucher reported on the site plan review on the Cape Caribe project and that the Planning and Zoning Board tabled this item. He stated that public beach access was a point of division. Council members restated their support of public beach access. Mr. Boucher explained that the City's Planning and Zoning Board must by law stay consistent with the Comprehensive Plan. Mr. Peetz stated that Chapter 163.31-78(g) of State Statutes requires public beach access as part of the Comprehensive Plan. He also stated from the Florida Statutes under 163. 3194, "that all land development shall be consistent with the Comprehensive Plan." He reviewed the Coastal Management elements in Section 9 of the Comprehensive Plan and read policy 9.3 that states, "the City shall enforce public access to beaches re-nourished by public expense." The next Planning and Zoning Board meeting is scheduled for Wednesday, June 27th. Mr. John Allen, Allen Engineering, related that there are ten beach accesses in the area for 4,000 people that are more than adequate by state statutes. Mr. Mel Sawyers, of the Villages of Seaport, related the adverse reaction from the community on a proposed pedway that he received through a survey in his newsletter. He also requested that the City Manager forward all correspondence to him that relates to this issue. Mr. Tom Downs of Downs Development addressed Council regarding the possibility of foregoing the pedway project in order to gain beach access. He also suggested a wood walkway along the beachside adjacent to the Villages of Seaport. 2. Staff City Clerk • Mrs. Stills announced that children from the Voyager Program at Cape View Elementary would visit City Hall at 10:30 A.M. on Wednesday, June 20tH • Mrs. Stills reported that information was distributed to City Council on grant funding available from the Bureau of Archives and Records Management to assist with public records accessibility projects for historical documents. Building Official • Mr. Reid requested research on the purchase of the building across from City Hall for the Building Department due to lack of space for his staff. Mr. Boucher responded that he would like to formulate a plan for City Hall to present in the Budget process. Audience to be Heard • Mr. Daniel Christian of Shirley's Ice Cream requested that the Council review the ordinance that prohibits mobile vending in the City. Mr. Christian related that he is licensed by Brevard County and inspected by the State Department of Agriculture. Council agreed to place the item on the next City Council meeting agenda for discussion. City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2001 Page 7 3. City Council Mr. Treverton • Mr. Treverton showed a map that depicted beach accesses and available vacant lots and suggested viable parking alternatives using the vacant lots for beach goers. Mr. Bruns • Mr. Bruns reported that construction on the Washington Avenue Park sidewalk is not concurrent with the bid specifications. Mr. Boucher responded that he would question Mr. Gardulski in staff meeting on the sidewalk installation. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos expressed appreciation to the Building Official's on his letter regarding the Cherie Down Park sidewalk issue. He also questioned the sidewalk removal on Buchanan Avenue. Mr. Reid stated that sewer line permits were underway and the Buchanan Avenue job would be completed subsequently. • Mayor Pro Tem Petsos inquired about streetlights on Al and N. Atlantic Avenue. Mr. Boucher responded that a contract was executed with Florida Power and Light for one light on N. Atlantic Avenue. Mayor Randels • Mayor Randels announced that he is looking for work for students available from June 25th through the 28th if there is a project. • Mayor Randels announced that Sargeant Andy Walters of the Canaveral Precinct is sponsoring a Golf Tournament for Ryan Richardson and he is requesting that the City pledge $100. • Mayor Randels announced Henry Dean's departure from the St. John's River Water Management District. • Mayor Randels reported that Avon-by-the-Sea proposed transferring $171,000 in Municipal System Taxing Unit funding for patrols in their area. Mr. Boucher related the burden that this would place on Cape Canaveral law enforcement. • Mayor Randels reported on funding from the Indian River Lagoon Scenic Highway and how Cape Canaveral is eligible for funding for an educational kiosk at the Manatee Sanctuary Park. ADJOURNMENT: There being no further business, a motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to adjourn the meeting at 10:00 P.M. Motion carried unanimously. Rocky Randels, MAYOR Susan Stills, CITY CLERK E..A,y Meeting Type: Regular 5 �� Meeting Date: 07-17-01 AGENDA �r .`� Heading Consent CRY OF CAPE CANAVEFIAL Item 2 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: REUSE PROJECT PHASE IV, FINAL CHANGE ORDER DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: City Council authorize approval of the final change order for Phase IV in the amount of $13,212.76 as recommended by the public works director. Summary Explanation&Background: See attached memo. I recommend approval. Exhibits Attached: Public works director's memo of 06-13-01 City Ma a Office Department WATER RECLAMATION/PUBLIC WORKS cad mydocum ts\ I cillmeeting 2001107-17-01\co.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski `A Public Works Director DATE: June 13,2001 SUBJECT: City Council Agenda Item for July 17, 2001 Reclaimed Water Project Phase IV, Part 2 Carl Hankin's Inc. Final Change Order As a requirement of the City's Wastewater Treatment Permit requirement, the City of Cape Canaveral is to construct a reclaimed water distribution system. The Operation Permit outlined four(4) Phases of construction. Three of the four phases have been substantially completed. City is on schedule as required by our DEP Operating Permit. The City advertised requests for bid for the construction of Phase III Extension. The scope of this project is to construct the reclaimed water distribution system with services. The City of Cape Canaveral advertised that the methodology of construction to be directional boring. The scheduled bid opening was held on September 29, 1999 at 3:15 p.m. at the City Hall Annex. The City received three (3) bids. On October 5'h City Council awarded Bid 99-03 to the low bidder, Carl Hankins, Inc. The bid award of the project is a unit bid price. On September 5, 2000, City Council approved the proposal submitted by Carl Hankins Inc for Phase IV, Part 2 in the amount of$201,405.92. This project is now complete. Attached is the final close out change submitted by Carl Hankins Inc for Phase IV, Part 2. The final change order amount for this project is $13,212.76. The major part of this change is due to the requirement to open cut the area along Atlantic Avenue. This change was not foreseeable, hence the request from Carl Hankins Inc. is justifiable. SSA Project Engineer has reviewed and verified the Change Order and Final Pay Request. This project is 100% Impact Fund eligible and funds have been budgeted for the 2000-2001 fiscal year. Recommend the approval of final Change Order for Phase IV, Part 2, in the amount of $13,212.76, and the appropriation of necessary funds. Attachment cc: File SSA July 12, 2001 MEMORANDUM TO: Ed Gardulski, Public Works Director City of Cape Canaveral FROM: D.E. VanZant, Project Engineer RE: Final Contractor Pay Request and Change Order for Phase IV, Part 2 Reuse Construction Completion -------------------------------------- Dear Ed: Stottler Stagg & Associates ("SSA") has reviewed the final "Contractor Pay Request" in the amount of $39,644.89, which includes a Change Order for the amount of $13,212.76. The additional and/or deleted items for the Change Order have been field verified and coordinated with Carl Hankins, Inc. by SSA, and at this time is approved by SSA. (The Change Order, with final recap, is attached.) If you have any questions or require further assistance please contact our office. Sincerely, Do las E. VanZan Project Engineer DEV:rmb Attachment STOTTLER STAGG & ASSOCIATES ARCHITECI'S • ENGINEERS • PLANNERS,INC. 8680 North Atlantic Avenue P.0.Box 1630 Cape Canaveral,Florida 32920 Tel 321-7£33-7320 Fax 321-783-7065 Lic.#AAC006329 #EB0000762 #LB0006700 \\Stl1\c\CIVIL\Projects\CAPE\m-gardulski final pay request phase iv reuse.doc 03/21/01 WED 14:59 FAX 813 977 5419 CARL HANKINS INC. Z OIO2 �GO1f1MUlV/CgT'o Corporate OHiceS 14512 N. Nebraska Avenue Tampa,Florida 33613-1429 Telephone:(813)977-7270 O� Fax Number: (813)977-5419 ` CONS C�V� March 21, 2001 Ed Gardulski, Public Works Director City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920-0326 Fax No: (321)799-4980 RE: 13id 99-03 Reclaimed Water Project Phase IV, Part Il �S Ed. We request a change order in the amount of $13,212.76 for the above referenced project_ This is for additional units that were required to enable us to cornplete this project. The supporting documentation is attached. We very much appreciate and look forward to continuing to work with you and the City of Cape Canaveral. Sincerely, CARL HANKINS, INC. (5—Z�� y r.� Carl E. Hankins President enclosure CEH:thc Cc: Doug Van Zant, Stottler, Stagg & Assoc. 03/2i-01 WED 15:00 FAX 813 977 5419 CARL IIANKINS INC. 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Z a. 016 O W W O W O � Hd ZO Oc w W W Q� Ew d WOOMMR: d' mW 00 U o m Q oucU m W a�- 00 � > WJUJ 0 OJ W WF- Q. m 0 a w o CD r- tU) JNZ W Om ' O mQ LL LL (� p S 0 c� 0 JJ Z c o q_ U) X O J g LO Z 2 a s 2 Z t v° mUcc JNxx - x d rF- W p �" c �- =° E NtVc - N OV) 00 m o 0 u_ m r r N 00 00 CO r er U a t- H b 0 O O m a U O r N M tDf u) <D ^ Op Cp O Z } a c m a W O COtD <D to <D tD cD tD tD w S N F= Z a 3 � JaM1JlVlt..gr'o Corporate Offices 14522 N. Nebraska Avenuo ' S Tampa,Florida 33623-1429 ` Telephone: (813)977-7270 O� Fax Number:(813)977-5419 CONS March 21, 2001 Ed Gardulski, Public Works Director City of Cape Canaveral F.O. Box 326 Cape Canaveral, FL 32920-0326 Fax NO: (321)799-4980 RE: Bid 99-03 Reclaimed Water Project Phase IV, Part II gar Ed. We request a change order in the amount of $13,212.76 for the above referenced project_ This is for additional units that were required to enable us to complete this Project. The supporting documentation is attached. We vers much appreciate and look forward to continuing to work with you and the City of Cape Canaveral. Sincerely, CARL HANKINS, INC. � r• Carl E. Hanifldns President - enclosure CEH:the Cc_ Doug Van Zant, 9tottler' Stagg & Assoc_ C1 © pQQ � '`' � � � � NNcp ' papO � , V' o � r7Nvq�i• � � O � � tadtDdMOOOO _ tt OR R O O � �tNv rN oCVcpo toocnr ' ' OOo da n y O T r N G? r t j 7 °Mtl' O CO tp N O60 M ti ch a-- m G O C4 corn Mc7tp CO (0 N N T r N tp V Ch 4g4F} 4f) GF? ER u3 O ERVls96ht�d3t9+fl� f9694f}�} �il3EA d O O O 4A EA 4fj;d4 4f! C O C O O C O O O O O O O O tt1 O O � td tP N GO 041 YY OOO rm O d tp? 4 DO O O 00 H O O O i0 O M d O tr1 !� tQ tt� t0 N ti M W t�p� CD m M ti ai rb ty O W O tC N of l+f r 41 t5 D CO LL f- N N r r N �i M r �- tD t7f r O 4 M M u�? t0 R KD r C j o T v N N Lih fD r N t0 -Vr f is�} a} tq 4E3 V3, EA 69 64 6�} 4f3�A 6g N Es3 tf} 4f}4A !9 ER t!? tg ta} iq 69 f.H 69 b9 ER 644% tPr tf3 44 4A LL ... J d W UJ Ul ti U. N J a O �L = TrJ � Ch MMrt.7 OQ � � � prj � � LlLw � lllw d ¢ LLJ < L1 � d d .� pta t � � � NMNc- NN pONW paNr, N rJrwOr � as O G► N m c~oo � `r +riQQoo QOCOOOv odUcoW BOO daGoOtDobNaldOR m � �t7 +n <Coo - nsnttSC .ty ovt0o ,M r d• O K7 Co r ery h N to +t -� N CO CQD 'd ti pPj O u7 Cq r O N t- Cl jz M NNtV t-- Nn1r` NCpN � tl7 V: LR trrl 'Od' � � OIM1- O401O- o O ~ r 0 to th 'T T r r T UJ W .4) Gb4.9 H} 4f3 t9 64 eR Efi (H � ZaOr N000po yoy � d400aoso ,aoQ Q ;? U = 41 rrTtvj4 oo �Drnr- Nrnpoal� yOj p� `�' 000000O � dc+� Ccoo U MLLI V Nle tt) Ntp � � � drA NOr 447tnt�jl� O � NOv �tONRf� LLJ LY '� �r1NNtq Nr t� M01 r triTo NLnUcVuito �- +q � r � V' V' ap tD R C'7 47 CO M1 M LA � N y� R N tt7 o !� N tfD P'1 v ch M N T T-" U 0 E9 4/3 4f�4+?yt S4 b} t}p Es} L'3!.3'v3 fF} E9 4s4 4i? E1} b3 4H E9 ff3 4f} 4f},t,q.E9 b9 4A tR 4f3 E9 Q cts LL V C C � J ¢ cn -a LL Li,l T .r1Th, oa0ovdvou�Jw (� wwllJLlJLU w mN Ven MtoNr- r rrca D m tQ U fC c w O d U m O �od 40 adL m m m OQ' °� tmd } LL 01 iC" m O _ 10. o ca ? z > c 'x Li! 4 u m E m E E m N3 VA 4J Al ? m }� c d] i m a C c co L1J O :� m m c N R! �. L1 tj m m WN 3 m N � C 0 � y ? L APR ] 1 2001 0 CARL HANKINS, INC. FINAL WAIVER OF LIEN Job Number 777_R43 CHECK# 1785 Known all men by these presents: That BOBS BARRICADES , first party, for an in consideration of$ 220.82 and other good and valuable consideration, paid by CARL RAN KILN S. INC.the sufficiency of which are hereby acknowledged, does hereby finally waive, release, remise and relinquish any and all right to claim any lien or liens for work done or material furnished at any time on or to the following described property, located in RRFVARD County, Florida, legally described as: A/K/A: CAPE CANAVERAL PHASE 4 PART 2 The first party also warrants and affirms that all wages for labor, payroll taxes, insurance, invoices for all material, supplies and services provided by others and all sales taxes due the applicable governmental authorities, arising out of work or items furnished to the described property prior to the date hereof have been paid in full. DATED this day of 7��/ 200/ Company 00/Company Name: ��S By:X Siignat e SWORN TO AND S SCRIB D before me by /� �. f-t��9�e �Z , as �Fl� of 2rCA-0c- who is personally known to be or who produced as identification and (did) (did not) take an oath, this 6 day of �',esL 20 . Nptan`PuSGc` Notan-Name Typed or Printed Notan,Commission Number My Commission Expires: CARL E ANKINS, INC. FINAL WAVIER OF LIEN Job Number Know all men by these presents•• That Diversified Metals , first party, for an In consideration of S aan_-7 and other good and valuable consideration, paid by CARL HAN K1NS, INC, the sufficiency of which are hereby acknowledge, does herebv finally waive, release, remise and relinquish any and all right to claim any lien or liens for work done or material furnished through the date hereof on or to the following described property, located in Brevard County, Florida legally described as: AIK/A: Cape Canaveral- Phase 4 Part 2 The first party also warrants and affirms that all wages for labor, payroll taxes, insurance, invoices for all material, supplies and services provided by others and all sales taxes due the applicable governmental authorities, arising out of work or items furnished to the described property, prior to the date hereof have been paid in full. Dated this P day of � Company Name: (�/�/biLSlr< �� ltlo7 ��< By:_ ��� Signature + iti AN'D 4-TJSCRMED before me by as 1 F' r of 1 .� `.�f i 1 r . Gu;,r ifo�s�personally - known to me or who produced�c ' �C; 7 identification and (did) (did not)' take an oath, this day of �� J 2000. Notary Public Notary Name typed or Printed My TT!!.Sori 2 2ooi CARL HANKINS, INC. FINAL WAIVER OF LIEN --''�' ` Job Number 777-843 CHECK#1633 Known all men by these presents: That DILLER-BROWN , first party, for an in consideration of$ 863.26 and other good and valuable consideration, paid by CARL 13ANKINS. 1NC.the sufficiency of which are hereby acknowledged, does hereby finally waive, release, remise and relinquish any and all right to claim any lien or liens for work done or material furnished at any time on or to the following described property, located in BREVARD County, Florida, legally described as: A/K/A: CAPE CANAVERAL PHASE FOUR PART 2 The first party also warrants and affirms that all wages for labor, payroll taxes, insurance, invoices for all material, supplies and services provided by others and all sales taxes due the applicable governmental authorities, arising out of work or items furnished to the described property prior to the date hereof have been paid in full. DATED this day of 20r. Company Name: t- By: C�J2 7 Signature 1 SWORN TO AND SUBSCRIBED before me by L 4as of y�ce._�,;.,;.,, _ , who Fson y k e or who produced as identificarr d' notl take an oath, this -; " day of A�A RciA 20v�. ae Notary Publ - . "Oy R Kn1se SFW*MY commLuion ccomm Notary Name Typed or Printed Notary Commission Number My Commission Expires: CARL H.ANIONS,INC. FINAL W A VTER Of LIEN Job Number 777-843 Know all men by hese presents: That FERGUSON ENTERPRISES first patty,for an In consideration of 345.951.32 and other good and valuable consideration, paid by CARL HANKINS, LNC, ,the sufficiency of which are hereby acknowiedM*does hereby finally waive, release,remise and relinquish any and all right to claim any lien or liens for work done or material furnished through the date hereof an or to the following described property,located in BREYARD County,Florida legally described as: AWKIA: CITY OF CAPE CANAVERAL RECLAIMED NATER PROJECT PHASE 4 The first party also warrants and affirms that all wages for labor, payroll ta=ts, insuraace, invoices for aA material, supplies and services provided by others and all sales to=es due the applicable governmental authorities,arising out of work or items furnished to the described property, prior to the date hereof have ber-n paid in fulL Dated this�day of /�7r 2000. Company Name: 50-1 By: Signature SWQR r To AND sQsscRmM.before in of ,w GIs perso�811 known to r who produced as identi tc2tron and (did) id not) e an oath, this_f day of `�}'�P(" 2000, *acnry Rhonda L- Zspas "ad orPrinted _ Nov- aoo� ? �= Expired �' �= Bmdad Thru Notary Co�Num er My Commi.slnn Expires: L14-5 OCT 13 2000 11=25 813 977 5419 PAGE.03 CARL SANKINS, INC. FINAL WAVTF,R QF'LIEN FEB 12 206;i Job Number 777-843 Know all men by these presents: That NICHTER CONTRACTI�V(�rst a In consideration of $ 94 _OQ Party, for an and other good aad valuable consideration, paid by CA1Zt, 13A��fK1NS. INC. , the sufficiency of which are hereby acknowledge, does hereby finally waive, release, remise and relinquish any and aright to claim any lien or liens r for work done or material furnished described property,located in through the date hereof on or to the followingBREVARD County, Florida legally described as; AIK/A: CAPE CANAVERAL. The first party also warrants and affirms that allwages for labor,pavroil taxes, insurance, invoices for all material,supplies and services provided by others and all sales taxes due the applicable governmental authorities,arising out of work or items furnished to the described property, prior to the date hereof have been paid in full. Dated thisa�6 day of ZDOG. Company Name:A) jC dl-�,v �,4 G� Al G Br ���y � Signature -SWORN TG AND SUBSCRBED before me by E 'J02 E 1:)E(!vU . as aW+n to me or who produced a v take an oath, this as identification and (did) (did _ qday of 2000. otary Public Notary nF er�we1e# ♦�OF f4op GEORGE P.DOMEDION M Co+n _ nmbeKlo.CC 9lf�/2002 770328 Job Number 777--843 DEC 0 6 2000 Know all men by these presents. That in ConsIderatlon of 5 868.14 first an CARL HANfCINS, INC. and other good and valuable consideration, paid by does hereb the sufficiency of which are hereby acknowledged. v waive, release, rem15e and relinquish any and all.right to claim any lien or liens for wont done or material furnlshed through the date hereof on or to the f described property, located in oitowing evara �_Csaunty, Florida legally described as: R'IG'A: rt 2 The first party also warrants and affirms than-all wages for labor, payroll taxes in Invoices for all material, supplies and services provided by others and all sales taxes due the applicable governmental authorities, arising out of work or items furnishedsuranbe, property, prior to the date hereof have been paid in full. to the described DATED this 4�fL day of �-� o Company Name: By; � ey Signature SWORN TO AND SUBSCRIBED before me by as Of known to me or who produced who is personal! as identification and (did) (did nou Cake an oath, this day of Notary PUbIiC rvorary Name Typed or Printed moo Notary Commission Numoer My Commission Expires: NOTARY PUBLIC-STATE OF FZOplpA RUTH K SCHUMAC}HER COMMISSION#CCS EXPIRES 7!713001 (Materialmen & sul�sunconuactor, etc. Final ReleaSe Form) BONDED THRU ASA 1-888-NOTARYI E..A�y Meeting Type: Regular S Meeting Date: 07-17-01 r e=' AGENDA Pre . Heading Consent yCRY OF CAPE CANAVERAL Item 3 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF SEA OATS FOR SAND FENCE PROJECT DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council authorize the cooperative purchase of sea oats from Florida Environmental, Inc. in the amount of $10,000 utilizing the Patrick Air Force Base bid, as recommended by the public works director. Summary Explanation&Background: See attached memo. Beautification funds will be utilized for the required match. Exhibits Attached: Public works director's memo of 07-12-01 City M gear's Office,,------, Department PUBLIC WORKS ,_ca lm\mydocu ents\a o ncil\meeting\2001\07-17-01\seaoats.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski //J Public Works Director DATE: July 12, 2001 SUBJECT: City Council Agenda Item for July 17, 2001 Cooperative Purchase of Sea Oats from Florida Environmental Incorporated The City of Cape Canaveral has construct dune sand fences along its ocean shoreline with its City of Cape Canaveral Volunteers. As part of the Port Authority's Grant, the City of Cape Canaveral may recover 50% of the cost of this project. One of the requirements of this construction project is the planting of sea oats within the sand fence area. This year Patrick AFB awarded a contract to Florida Environmental Inc. The City of Cape Canaveral is able to purchase the sea oats from Florida Environmental Inc. By requesting a large number of plants, (9,000) the City is able of receive a unit price of.7678 cents each for a total cost of$6,910.20. This purchase will complete the areas of sand fence that was installed this year. In addition,requesting around 3,000 to 4,000 plants to fill in other areas along the City of Cape Canaveral shoreline. Recommend the approval of the cooperative purchase of sea oats from Florida Environmental Inc. in the amount not to exceed $10,000; and the appropriation of the necessary funding. Attachment CC: File DUNE VEGETATION PLANTING AT PATRICK AIR FORCE BASE, FLORIDA, FLORIDA ENVIRONMENTAL, INC. PROPOSED PLANTING PROGRAM DATE: 6/1/2001 Indicate proposed quantity, unit cost, and total cost for each plant units,below. The sum of the proposed quantity of plants, for each Type, must equal the specified totals. The proposed quantity of each species,within each type, must fall within the specified percent-distributions for each Type. Proposed Unit Total Cost Quantity Cost 001 Mobilization/Demobilization (60/40) $ 9,215.00 $ 9,215.00 002 Dune Vegetation 002a Type 1 -Dune Grass 65% min. Sea Oats(Uniola paniculata) 92,157 35% max. Panicgrass(Panicum amarum) 28,356 25% max. Marshy Cordgrass(Spartina patens) 21,267 TOTAL-TYPE 1 141,780 $ 0.7678 $ 108,865.20 002b Type 2- Vine or Dune Plant Shall include at least three of the following species, with not more than 65% being of one single species, and with any two species not more than 90%of the total: Sea Purslane (Sesuvium portulacstrum) 3275 Railroad Vine(Ipomoea pes-caprae) 2200 Beach Morning Glory(Ipomoea purpure or imperati) Bay Bean (Canavalia rosea) Dune Sunflower(Helianthus debilis; not vestitus) 900 Beach Elder(Iva imbriciata) 900 Blanket Flower(Gaillardia pulchella) 1500 Inkberry(Scaevola plumieri) Beach Croton (Craton puntatus) Seashore Dropseed (Sporobolus virginicus) 6580 Sea Ox-eye Daisy(Borrichia frutescens) 6580 Virginia Creeper(Parthenocissus quinquefolia) TOTAL-TYPE 2 21,935 $ 0.76 $ 16,670.60 Continued Next Page Page I of 3 WK o X is--- X --- -------------�--- ----------. . ,� k --------------------- ---------- U CAM N k ,y. ar WIMA RUL lCWEU DUEL r H r1 N �4J V PoM3MCE N 7 c.! x 1 IMM CASA✓ *�L. N � �� DUNE GRASS, 18"ON CENTER, DUNE/BEACH VINE STAGGERED (6 FT CENTER STAGGERED) XISTING VEGETATION,SEAWALL, OR REVETMENT ETK / bo 8'TO 10' VEG. &TO 8' WIDTH * *� * * *? * * (MINIMUM) 9 SAND FENCE DETAIL: SAND FENCING&DUNE VEGETATION fi- // f, / m Rpm a+ 'i v x olsen associates,irx. E...� Meeting Type: Regular Meeting Date: 07-17-01 1 r, AGENDA rrz rcti1 Heading Consent Cm OF CAPE CANAVERAL Item 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: AUTHORIZATION TO APPLY FOR A COMMUNITY PLANNING TECHNICAL ASSISTANCE GRANT DEPT./DIVISION: PLANNING &ZONING Requested Action: City Council authorize the submission of a Community Planning Technical Assistance Grant. Summary Explanation&Background: The attached draft grant application letter outlines the scope of services to link the comprehensive plan and land development codes electronically on the internet for fast information retrieval. I am asking for a $10,000 grant with no matching funds. Todd Peetz showed me a demo of what this software package consisted of and it will be a useful tool for citizens, staff and site plan applicants. I recommend approval. Exhibits Attached: Draft letter Citygef<'s Office Department PLANNING& ZONING cape- im\mydocm nts\ad ' cil\meeting\2001\07-17-0 grant.doc DRAFT July 11, 2001 Mr. Tom Beck,Director Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 RE: Community Planning Technical Assistance Grants The City of Cape Canaveral would like to participate in the Community Planning Technical Assistance Grant program. The City of Cape Canaveral is a community of less than 10,000 persons and does not have a full time planner on staff. The City does utilize consulting services to meet our ever expanding planning needs. We would like to submit a grant that would effectively tie together our comprehensive plan and land development code (LDC) electronically. Probably like most other communities in Florida, the comprehensive plan and LDC are two separate documents and are referred to as necessary during site plan review, rezonings, comprehensive plan amendments and whenever there are questions concerning either document. Our intention is to hyperlink the two documents together and also use a specialized indexing system to help guide users through both documents that now will be linked electronically. The goal is to have a user-friendly comprehensive plan and LDC. Once completed, the electronically linked documents will be added to the City's web page on the Internet for easy access. All meeting notices would include this information so that constituents could do their own research and this information would greatly assist developers, engineers and planning consultants in understanding the City's comprehensive plan and LDC. Providing this information on the Internet could also greatly reduce phones calls to City staff to answer miscellaneous questions. When initially completed, any inconsistencies within the comprehensive plan and LDC and or inconsistencies between each document should be revealed. With the hyperlink of the documents, site plan reviews could be done more efficiently and effectively in the determination of compliance to the comprehensive plan and to all aspects of the LDC, while minimizing potential review errors. Also when changes are proposed to either the comprehensive plan or LDC, consistency issues should be readily determined prior to approving any changes,thus reducing those types of errors as well. The timeline is to have a completed draft reversion by the end of September and a completed on-line version by the end of October. The City plans on using planning consulting services to complete this task. Anticipated cost is a minimum of$10,000. The savings in staff time, improved user-friendly access for constituents, minimize potential staff errors and maintain consistency between these two documents make this a worthwhile project for the City. If you have any questions,please feel free to contact our planning consultant, Todd Peetz at 407-249-1503 or myself. Sincerely, Bennett Boucher, City Manager E Meeting Type: Regular Meeting Date: 07-17-01 AGENDA t Heading Consent CITY OF CAPE CANAVERAL Item 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COST SHARE AGREEMENT WITH THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT TO IMPLEMENT A STORMWATER UTILITY DEPT./DIVISION: ADMINISTRATION/CITY MANAGER Requested Action: City Council approve the cost share agreement with the St. Johns River Water Management District to implement a stormwater utility. Summary Explanation&Background: The major goal of the city stormwater master plan is to establish a stormwater utility to fund maintenance and capital projects that will conform to the upcoming NPDES permitting requirements of using best management practices to minimize the effects of stormwater run-off into the Banana River. Please refer to Exhibit"A"for the scope of work and project budget. Project cost is $38,500 city and$35,000 district for a total of$73, 500. I recommend approval. Exhibits Attached: Cost Share Agreement City Manai! 's Office Department ADMINISTRATION/CITY MANAGER cape- ydocum ts\a ncil\meeting\200 1\07-17-0 1\sjrwmd.doc Contract#SE637AA AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF CAPE CANAVERAL FOR CAPE CANAVERAL STORMWATER UTILITY IMPLEMENTATION THIS COST SHARE AGREEMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("DISTRICT"), whose address is Post Office Box 1429, Palatka, Florida 32178-1429, and CITY OF CAPE CANAVERAL ("CITY"), whose address is 105 Polk Avenue, P.O. Box 326, Cape Canaveral, Florida 32920. WITNESSETH THAT: WHEREAS, DISTRICT is a special taxing district created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Fla. Stat., whose geographical boundaries encompass Indian River Lagoon; and WHEREAS, DISTRICT has determined that its needs will be best served by entering into a COST SHARE AGREEMENT for services that can be provided by CITY. NOW THEREFORE, in consideration of the payments here specified and which DISTRICT agrees to make, CITY agrees to furnish and deliver all materials, to do and perform all work and labor required to be furnished and delivered, done and performed for Cape Canaveral Stormwater Utility Implementation, Contract #SE637AA. CITY agrees to complete the Work in conformity with the Contract Documents and all attachments as defined herein and on file at the St. Johns River Water Management District. The Contract Documents consist of the following items, including all modifications thereof incorporated in the Documents before their execution: AGREEMENT; EXHIBIT "A" - Scope of Work; and all attachments hereto. All attachments and Contract documents are part of this AGREEMENT as fully and with the same effect as if they had been set forth at length in the body of this AGREEMENT. ARTICLE I - SCOPE OF WORK All Work will be performed in accordance with EXHIBIT "A", SCOPE OF WORK, entitled, "Cape Canaveral Stormwater Utility Implementation," attached hereto and by reference made a part of this AGREEMENT. ARTICLE II - SCHEDULE OF WORK AND EFFECTIVE DATE A. The effective date of this AGREEMENT shall be this day of , 2001. B. CITY will be required to commence work under the Contract within fifteen (15) calendar days after the effective date of the AGREEMENT, to prosecute the Work diligently, and to complete the entire Work for use by not later than May 29, 2002, unless the date is extended by mutual agreement of the parties hereto. Time is of the essence. Page 1 Contract #SE637AA ARTICLE III - TERM This AGREEMENT shall expire at 12:00 midnight on the sixtieth day after the completion of the Work in accordance with the date established under ARTICLE II above. ARTICLE IV - LIABILITY AND INSURANCE A. Each party to the AGREEMENT is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof In addition, each party is subject to the provisions of Section 768.28, Fla. Stat. (1999). B. If CITY fails to comply with any of the terms, conditions, provisions, or stipulations of this Contract, DISTRICT may avail itself of any or all remedies provided in the Contract and shall have the right and power to proceed in accordance with its provisions. C. Each party shall also acquire and maintain throughout the term of this AGREEMENT such general liability, automobile insurance, and workers' compensation insurance as required by their current rules and regulations. D. CITY hereby certifies to DISTRICT that the Work to be performed pursuant to this AGREEMENT does not and will not infringe on any patent rights. ARTICLE V - RESPONSIBILITIES OF CITY A. CITY's Project Manager shall be Bennett Boucher, City Manager, or his designee. 13. CITY shall follow the verbal and written direction of DISTRICT's Project Manager assigned to the work. All work authorized may be stopped by DISTRICT's Project Manager at any point, which shall not result in loss of payment to CITY for services performed up to the time the Work has ceased in accordance with this Contract. If CITY fails to perform under terms of this Contract, DISTRICT may elect to have CITY cease work until corrections are made at no additional cost to DISTRICT and with no allowance for extension of time or to terminate if CITY fails or refuses to comply with the terms of this AGREEMENT. C. CITY certifies it is an independent contractor and not DISTRICT's employee, nor are any of CITY's employees performing work under this AGREEMENT, DISTRICT employees. D. Through this AGREEMENT, CITY agrees to provide fifty-two and thirty-eight hundredths percent, (52.38%), in the amount not to exceed Thirty-Eight Thousand Five Hundred and No/100 Dollars ($38,500), as matching funds for this project. Page 2 Contract#SE637AA ARTICLE VI - RESPONSIBILITIES OF DISTRICT A. DISTRICT's Executive Director designates Robert Day as Project Manager for purposes of directing CITY and maintaining coordination and review of the work. The Project Manager shall have sole and complete responsibility to transmit instructions, receive information, approve invoices, interpret and communicate DISTRICT policies and decisions with respect to all matters pertinent to CITY's services. The Project Manager and, as appropriate, other DISTRICT employees shall meet with CITY as necessary to provide decisions for the duration of the Work, as well as to review and comment on interim reports. No actions outside the Scope of Work shall be initiated by CITY without prior written authorization of the project manager; however emergency situations requiring action within less than twenty-four (24) hours may be granted verbally by the Project Manager and followed up in writing within seventy-two (72) hours. B. DISTRICT shall be available to CITY to respond to questions regarding the project. C. As is further specified in this AGREEMENT, DISTRICT shall provide timely reviews of any and all invoices and deliverables related to this AGREEMENT submitted by CITY. D. Upon the satisfactory completion of the Work, DISTRICT will provide a written statement to CITY accepting all deliverables. E. Through this AGREEMENT, DISTRICT agrees to provide forty-seven and sixty-two hundredths percent, (47.62%), in the amount not to exceed Thirty-Five Thousand and No/100 Dollars ($35,000), as matching funds for this project. ARTICLE VII - DELIVERABLES A. Deliverables: CITY shall deliver all services, products, and deliverables as stated in the Contract. B. REPORTS: CITY shall submit quarterly reports to DISTRICT's Project Manager in a form approved by the Project Manager. In addition to hard copies, all written deliverables (reports, papers, analyses, etc.) shall be submitted in machine readable form in formats consistent with DISTRICT's standard software products. DISTRICT's standard office automation products include the Microsoft® Office Suite (WORD, EXCEL, ACCESS, and POWERPOINT). Other formats may be accepted, if mutually agreed upon by DISTRICT's Project Manager and Chief Information Officer. ARTICLE VIII - COMPENSATION A. Amount of Funding: For satisfactory performance of the Work outlined in the Contract, DISTRICT agrees to pay CITY a sum in the amount not to exceed $35,000. B. Invoicing Procedure: All invoices shall reference the Contract Number provided on the first page of this AGREEMENT and shall be submitted to Director, Division of Financial Page 3 Contract #SE637AA Management, P. O. Box 1429, Palatka, Florida, 32178-1429. CITY shall submit itemized quarterly invoices based upon the actual work performed and shall bill as per the Project Budget included in EXHIBIT "A". Invoices which do not correspond to the Project Budget will be returned to CITY without action. C. Pavments: DISTRICT shall pay CITY one hundred percent (100%) of each approved invoice within thirty (30) days of presentation. Payments due and unpaid under this AGREEMENT shall not bear interest. D. Release: CITY agrees that acceptance of the payment, shall be considered as a release in full of all claims against DISTRICT or any of its members, agents, and employees, arising out of, or by reason of, the Work done and materials furnished under this AGREEMENT. Prior to, or in conjunction with final payment, DISTRICT shall review and determine that CITY has fully and satisfactorily completed the required Work under this AGREEMENT. If DISTRICT determines that CITY has complied with the terms and conditions of this AGREEMENT, then acceptance of final payment by CITY shall be considered as a release in full of all claims by DISTRICT against CITY, or any of its members, agents and employees, arising out of, or by any reason of, the Work to be done and materials furnished under this AGREEMENT. ARTICLE IX - OWNERSHIP OF DOCUMENTS A. Ownership and copyright to all reports and all accompanying data (in all formats) produced pursuant to this AGREEMENT shall be vested in DISTRICT and CITY. CITY shall include language in all subcontracts which clearly indicates that Ownership and Copyright to all materials produced pursuant to this AGREEMENT shall remain with DISTRICT and CITY. B. Any source documents or any other documents or materials developed, secured or used in the performance of this contract shall be considered property of DISTRICT and shall be safeguarded by CITY. The original documents or materials, excluding proprietary materials, shall be provided to DISTRICT upon the expiration or termination of the contract, as outlined in the scope of work, or upon request of DISTRICT. ARTICLE X - SUBCONTRACTING A. CITY shall not sublet, assign, or transfer any work under this AGREEMENT without the written consent of DISTRICT. When applicable, and upon receipt of such consent in writing, CITY shall cause the names of the firms responsible for such portions of the work to appear on the work. B. CITY agrees to notify DISTRICT of all subcontracts no less than ten (10) calendar days prior to the effective date of the subcontracts for the purpose of approval. CITY agrees to provide DISTRICT with an executed copy of all subcontracts within ten (10) calendar days after the effective date of the subcontract. Page 4 Contract #SE637AA C. CITY agrees to be responsible for the fulfillment of all work elements included in the subcontracts and agrees to be responsible for the payment of all monies due under any subcontract and hold DISTRICT harmless from any liability or damages arising under or from any subcontract to the extent allowed by law. Nothing in this AGREEMENT shall create any contractual relationship between any subcontractor and DISTRICT. ARTICLE XI - CHANGES IN SERVICE REQUIREMENTS DISTRICT and CITY may at any time, by mutual written agreement in the form of an amendment to this AGREEMENT, make changes within the general scope of this AGREEMENT in the services or work to be provided. Neither party to this AGREEMENT shall unreasonably withhold consent to any written amendment to this AGREEMENT. ARTICLE XII - INTEREST OF CITY Unless otherwise declared in an addendum, CITY certifies that no officer, agent, or employee of DISTRICT has any material interest (as defined in Chapter 112, Fla. Stat., as amended) either directly or indirectly, in the business of CITY to be conducted here, and that no such person shall have any such interest at any time during the term of this AGREEMENT. ARTICLE XIII - CANCELLATION Each party to this AGREEMENT reserves the right to unilaterally cancel this AGREEMENT for refusal by the other party to allow public access to all documents, papers, letters, or other material related to this AGREEMENT and subject to the provisions of Chapter 119, Fla. Stat., as amended. ARTICLE XIV - ASSIGNMENT CITY shall not assign the Contract or sublet it as a whole without the written consent of DISTRICT nor shall CITY assign any moneys due or to become due to it hereunder, without the previous written consent of DISTRICT. ARTICLE XV - AUDIT: ACCESS TO RECORDS A. CITY agrees that DISTRICT or its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds under this AGREEMENT, have access to examine any of CITY's books, documents, papers, and records involving transactions related to this AGREEMENT. CITY agrees that payment(s) made under this AGREEMENT shall be subject to reduction for amounts charged which are found on the basis of audit examination not to constitute allowable costs. Page 5 Contract#SE637AA B. CITY shall refund by check, payable to DISTRICT, the amount of any reduction of payments. All required records shall be maintained until an audit has been completed and all questions arising from it are resolved or until three (3) years after completion of the Work and submission of a final invoice, whichever is sooner. CITY will provide proper facilities for access to and inspection of all required records. ARTICLE XVI - CIVIL RIGHTS Pursuant to Chapter 760, Fla. Stat., CITY shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap or marital status. ARTICLE XVII - CONFLICTING EMPLOYMENT CITY agrees that at the time of execution of this Contract it has no retainer or employment AGREEMENT, oral or written, with any third party relating to any matters which adversely affect any interest or position of DISTRICT. CITY shall not accept during the terms of this Contract any retainer or employment from a third party whose interests appear to be conflicting or inconsistent with those of DISTRICT. Notwithstanding the foregoing paragraph, CITY may accept retainers from or be employed by third parties whose interests appear conflicting or inconsistent with those of DISTRICT if, after full written disclosure of the facts to DISTRICT, DISTRICT determines that the apparent conflict shall not interfere with the performance of the Work by CITY. ARTICLE XVIII - NON-LOBBYING Pursuant to Section 216.347, Fla. Stat., CITY hereby agrees that monies received from DISTRICT on this Contract will not be used for the purpose of lobbying the Legislature or any other state agency. ARTICLE XIX - TERMINATIONS A. Termination for Default: This AGREEMENT may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this AGREEMENT through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice delivered by certified mail, return receipt requested, and (2) an opportunity for consultation with the other party prior to termination. B. Termination for Convenience: This AGREEMENT may be terminated in whole or in part in writing by either party provided that the other party is given: (1) not less than thirty (30) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate, and (2) an opportunity for consultation prior to termination. Page 6 Contract #SE637AA C. If termination for CITY's default is effected by DISTRICT, an equitable adjustment in the price provided for in this AGREEMENT shall be made, but (1) no amount shall be allowed for unperformed services, and (2) any payment due to CITY at the time of termination shall be adjusted to cover any additional costs to DISTRICT because of CITY's default. If termination for DISTRICT's default is effected by CITY, or if termination for convenience is effected by DISTRICT, the equitable adjustment shall provide for payment of all services, materials, and costs, including prior commitment incurred by CITY up to the termination date. D. Upon receipt of a termination action under paragraphs "A" or`B" above, CITY shall: (1) Promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by CITY in performing this AGREEMENT, whether completed or in process. E. Upon termination under Paragraphs "A" or `B" above, DISTRICT may take over the work or may award another party a contract to complete the work. F. If, after termination for failure of CITY to fulfill contractual obligations, it is determined that CITY had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of DISTRICT. In such event, the adjustment of compensation shall be made as provided in Paragraph "C" of this section. ARTICLE XX - GOVERNING LAW This AGREEMENT shall be construed and interpreted according to the laws of the State of Florida. ARTICLE XXI - CONSTRUCTION OF AGREEMENT This AGREEMENT shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties, DISTRICT and CITY, have contributed substantially and materially to the preparation hereof. ARTICLE XXII - ENTIRE AGREEMENT This AGREEMENT upon execution by CITY and DISTRICT, and the contract documents constitute the entire Agreement of the parties. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted in this AGREEMENT. CITY agrees that no representations have been made by DISTRICT to induce CITY to enter into this AGREEMENT other than as expressly stated by this Page 7 Contract#SE637AA AGREEMENT. This AGREEMENT cannot be changed orally, nor by any means other than written amendments referencing this AGREEMENT and signed by all parties. IN WITNESS WHEREOF, the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT has caused this contract to be executed in its name by its Executive Director and the CITY OF CAPE CANAVERAL has caused this contract to be executed in its name by its duly authorized representatives, and, if appropriate, has caused its seal to be attached, all on the day and year first above written. ST. JOHNS RIVER WATER CITY OF CAPE CANAVERAL MANAGEMENT DISTRICT By: By: Henry Dean, Executive Director Typed Name and Title Attest: Typed Name and Title (SEAL) APPROVED BY THE OFFICE OF GENERAL COUNSEL John W. Williams, Deputy General Counsel St. Johns River Water Management District Page 8 Contract #SE637AA EXHIBIT "A"—SCOPE OF WORK CANAVERAL STORMWATER UTILITY IMPLEMENTATION I. PROJECT SUMMARY The:City of Cape Canaveral will seek professional assistance from qualified civil engineering and or financial firm(s) for the purpose of establishing a Stormwater Utility. CITY will develop stormwater utility assessments that will be used for the implementation of Best Management Practices that are identified within CITY's adopted Stormwater Management Plan. II. DETAILED PROJECT DESCRIPTION The project will create a Stormwater Utility for the City of Cape Canaveral. Stormwater Utility assessments will be used for the construction of best management practices (BMPs) identified in CITY's Stormwater Master Plan (SMP). These BMPs include detention ponds with aeration fountains, stormwater reuse ponds, and baffle boxes. In April 2000, Jones, Edmunds and Associates, Inc., under contract to the District, conducted a needs assessment for the City of Cape Canaveral examining potable water wastewater/reuse and stormwater infrastructure for the next five years. At that time, CITY' s highest priority need was to implement a Stormwater Utility. This need was identified due to the fact that CITY currently draws on its General Services Fund to address capital improvement projects. The report identified a number of water quality improvement projects, all of which could be addressed with the implementation of the utility. This project promotes flood protection by helping to fund the remediation of flooding problems and funding the implementation of BMPs identified in CITY's Stormwater Master Plan. In September 2000, CITY completed and adopted its SMP. With a strong plan in place, CITY now plans to move forward in adopting a utility to fund the implementation of recommendations identified in the Master Plan. Creation of a Stormwater Utility will enable CITY to construct BMPs to remove pollutants from their stormwater discharges. As noted in CITY's SMP, several long-term data sets (Stottler, Stagg & Associates, Sept. 2000) analyzed by Brevard County's Office of Natural Resource Management (1987-1994) reflect a decline in seagrass beds in the Banana River in the Cape Canaveral vicinity. One of the major purposes for upgrading CITY's SMP for Cape Canaveral would be to improve the water quality at CITY's major outfalls to the Banana River. If all the recommended projects are constructed, it is estimated that CITY would reduce its annual total nitrogen loading by 2,690 pounds and its annual total phosphorus loading by 290 pounds. Treatment measures also would reduce CITY's annual BOD loading and annual suspended solids loading by 46%. By implementing a Stormwater Utility, CITY wouldgreatly improve the water quality in the Banana River and be a major benefit to the public. This project supports key objectives of the SWIM Plan and the Comprehensive Conservation & Management Plan, and will help CITY in meeting National Pollutant Discharge Elimination System (NPDES) requirements. A major purpose of this Stormwater Utility is to comply with anticipated NPDES requirements. The creation of a Stormwater Utility will enable CITY to Page 9 Contract #SE637AA ensure a dedicated source of funding for NPDES related activities. These activities will include the creation of a stormwater management program designed to reduce the discharge of pollutants from MS4, public education programs, illicit discharge monitoring, and BMP implementation. III. WORK PLAN Task 1 — Stormwater Feasibility Report .......................................................July 21 - Dec 31, 2001 Milestone: CITY will prepare a Request for Proposals for a consultant to make recommendations for the creation of a Stormwater Utility. This report would include a study of CITY's land uses, recommended rate structure and credit policies, coordination with Brevard County Property Appraiser and Tax Collector, timeline for ordinance creation, and estimated revenues that will be generated. Deliverable: A final Stormwater Utility Feasibility Report. Task 2 —Agreements with Brevard County.................................................... Nov 3 - Jan 31, 2002 Milestone: CITY will enter into an agreement with the Brevard County Property Appraiser to use the County's database for generating a Non-Ad Valorem Stormwater Utility Assessment that will be included on the Brevard County property tax bill. CITY will also enter into an agreement with the Brevard County Tax Collector to collect these Stormwater Utility Assessments that will be remitted to the City of Cape Canaveral. Deliverable: Executed agreements with the Brevard County Property Appraiser and Tax Collector. Task 3 — Public Education ....................................................................Oct 1, 2001 —May 29, 2002 Milestone: Public education will consist of seeking community support for the Stormwater Utility Assessment by conducting two city-wide mailings to all property owners to explain the need and purpose for implementing a Stormwater Utility Assessment. CITY will schedule three or more public meetings to seek feedback from the community about the proposed Stormwater Utility Assessment. Press releases will be an important part of this process and CITY's web page will also provide public information about the need for a Stormwater Utility Assessment. Deliverable: Public education and awareness with associated materials. Task 4 —Adoption of Required Ordinances .........................................Oct 1, 2001 —May 29, 2002 Milestone: CITY shall prepare a Notice of Intent to use the Non-Ad Valorem Stormwater Utility Assessment, and the enabling ordinance with the Stormwater Assessment rate structure. This will include all required legal advertisements and Page 10 Contract#SE637AA formal public hearings for the adoption of the required ordinances. Deliverable: Adoption of the Notice of Intent to use the Non-Ad Valorem Stormwater Utility Assessment, the enabling ordinance and rate structure that will allow for billing and collection of the Stormwater Utility Assessment in the November 2002 tax bill. IV. PROJECT BUDGET PROJECT TASKS FUNDING SOURCE CAPE DISTRICT TOTAL CANAVERAL i Task 1 —Feasibility Report $ 20,000 $ 35,000 $55,000 Task 2 —County Agreements $ 5,000 0 $ 5,000 Task 3 —Public Education $ 3,500 0 $ 5,000 Task 4—Adoption of Ordinances $ 10,000 0 $ 10,000 TOTAL PROJECT COST $ 38,500 $ 35,000 $73,500 Page 11 Meeting Type: Regular Meeting Date: 07-17-01 AGENDA k ;F "sem_ - ,`EI.-- Heading s Consent CITY OF CAPE CANAVERAL Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: AUTHORIZATION TO BID THE RESURFACING OF TENNIS COURTS DEPT./DIVISION: PARKS &RECREATION Requested Action: City Council give authorization to bid for the resurfacing of the tennis courts as recommended by the recreation director. Summary Explanation&Background: This item is not budgeted for this year, thus the recreation director is seeking authorization from city council to bid, and later award and appropriate funding for this project. See the attached justification. I recommend approval. Exhibits Attached: Recreation Director's memo of 07-10-01 City Mars Office Department PARKS &RECREATION ca im\mydoc nAcouncil\meeting 00 1\07-17-0 1\tennis.doc CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 N.ATLANTIC AVENUE * P.O.BOX 326 (321) 868-1227 E-mail address:parknrec@iu.net MEMO TO: Mayor, Councilmembers &City Manager FROM: Nancy Hanson, Parks &Recreation Director r�� DATE: July 10, 2001 RE: Tennis Court Resurfacing Within the past six months, many cracks have developed on the tennis courts and have continued to widen,to the point that they need immediate attention. Lynn Nidy,president of Nidy Construction,the leading tennis court builder and resurfacing company in Florida, made an on site inspection of the courts at my request. He believes the problem is caused by the extreme drought conditions that we've experienced the past few years. He is seeing similar problems on courts around the state. There is ten thousand ($10,000) dollars in this years budget to resurface the shuffleboard courts, but I believe the priority is to repair and resurface the tennis courts now and fund the shuffleboard court resurfacing in the 2001-02 budget. By doing so,we can take care of the immediate problem with the tennis courts and have the shuffleboard courts resurfaced before the snowbird shufflers return in November. The detailed five-year capital purchases plan calls for shuffleboard resurfacing in 00/01 and tennis court resurfacing in 01/02. Mr.Nidy gave me a"verbal guesstimate" of$15,000 for repair&resurfacing. Of course, we must advertise for formal bids. 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Meeting Type: Regulars Meeting Date: 07-17-01 c` AGENDA Heading Consent .1 ra a :x CITY 0i CAPE CANAVERAL Item 7 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF (8) SETS OF BLEACHERS FOR THE TWO BALLFIELDS DEPT./DIVISION: PARKS &RECREATION Requested Action: City Council authorize the cooperative purchase of (8) sets of bleachers in the amount of $8,677.20 as recommended by the recreation director. Summary Explanation&Background: See attached memo. I recommend approval. Exhibits Attached: Recreation Director's memo of 07-11-01 City Ma Office Department PARKS &RECREATION cape- m mydocume council\meeting\2001\07-17-01\bleachers.doc CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 N.ATLANTIC AVENUE * P.O.BOX 326 (321) 868-1227 E-mail address: parknrec@iu.net MEMO TO: Mayor, Councihnembers &City Manager FROM: Nancy Hanson, Parks &Recreation Director DATE: July 11, 2001 RE: Bleachers for Ballfields Permission please to purchase eight (8) sets of bleachers for the two ballfields at Canaveral City Park. Four sets are to be placed at each field. Bleachers is one of the components in the$30,000 (no city match)FRDAP grant which was funded last year. The bleachers meet all safety standards and will be attached to concrete pads. They will replace bleachers (4 sets) that were purchased in the mid 60's and (4) sets that were purchased in the mid 70's. The total delivered price is Eight thousand, six hundred seventy-seven dollars and twenty cents. $S,677.20. This price is"piggy-backed"off a City of Jacksonville bid. The manufacturer is National Recreation Systems Inc.,to be purchased through Southern Park and Play Systems, Inc. in West Melbourne. I will be present at the council meeting to answer any questions you may have. pop P� a syr , 1� QUOTATION O.13ox 120339 'est Melbourne, Florida 32912-0339 7/5/01 121) 729-9700 Federal I.D. #59-3013776 DATE 121)'729-8357 Fax •800-247-1545 .O City of Cape Canaveral Parks & Rec. SHIP TO Attn: Nancy Hanson PO Box 326 Cape Canaveral, FL 32920 Cape Canaveral, FL 32920 868-1227 799-3170 Fax ESTIMATED SHIPPING DATE SHIPPED VIA FREIGHT TERMS APPROX. 2-4 WEEKS COMMON CARRIER PREPAID & ADDED NET 30 {QUANTITY DESCRIPTION UNIT EXTENDED 8 ea. NATIONAL RECREATION #0321APRF - 3 row x 21' $1,047.00 $8,376.00 non-elevated all aluminum bleacher with 6" rise 5Z Disc. -418.80 *seating capacity 42 per unit Subtotal $7,957.20 *frame all welded one piece with crossbracing *seat 'boards single 2" x 10" x 21' anodized aluminum Freight $ 720.00 *foot boards double 2" x 10" x 21' mill finish alum. TOTAL... .. .$8,677.20 *no ground sills NOTE: DISCOUNT BASED ON CITY OF JACKSONVILLE CATALOG TERM BID #SC-0463-00, PRICE AGREEMENT CONTRACT FOR PARK.AND PLAYGROUND EQUIPMENT AND LIGHTING, EXPIRES 5/29/02. 'E ARE PLEASED TO SUBMIT THEEA, OVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER,BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. -IIS QUOTATION IS VALID FOR J6 DAYS. THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL MATERIALS ARE DROP-SHIPPED FROM THE FACTORY IN — Tndiana AND WILL SHIP IN APPROXIMATELY 14-30 DAYS FROM RECEIPT OF ORDER. LL RETURNS SUBJECT TO MANUFACTURER'S AUTHORIZATION AND APPLICABLE RESTOCKING CHARGES. NLOADWG=SSEBTALfLA�ION AND SURFACING NOT INCLUDED. Y <V -di1LQ.L� ACCEPTED DATE PREFERRED BLEACHER Our "Preferred" (non-elevated) aluminum bleachers provide quality construction at an affordable price. 3 Row models are under 30", therefore most building and safety codes do not require guardrails. 3 Row Preferred All "Preferred" bleachers 4 TOWS & higher include riser A = Alum. Frame G = Galy. Frame NOTE: g "Preferred" lank under seat row 4 and MODEL ROWS LENGTH SEATS Bleachers do p NB-0307.5A/GPRF 3 71/2 15 above, plus chalnllnk guardrail NB 0315A/G 3 15 30 not include " NB-0321A/GPRF 3 21 _32-, aisles. Please to close all spaces over 30NB-0327A/GPRF 3 27 54 select our above grade to less than a 4" NB-0515A/GPRF 5 15 50 "Deluxe" NB-0521A/GPRF 5 21 70 model for opening. NB-0530A/GPRF 5 30 100 aisles. NB-1015A/GPRF 10 15 100 See page 3 NB-1021A/GPRF 10 21 140 NB-1030A/GPRF 10 30 200 / NOTE: Other models (4, 8, 13 & 15 row) arE.' available, as well as most any length. a All"Preferred"bleachers include (2) mill finish 2"x 10" foot planks. Most codes (UBC, SBC, BOCA, NFPA, IBC) require 2 foot planks. 5 Row Preferred Anodized aluminum seat planks, mill finish aluminum foot & riser planks, all-aluminum guardrail with chainlink and your choice of aluminum or galvanized steel framework. All bleachers should be 1P Row Preferred anchored to resist wind Please consult your local code authority loads. Contact us for details for compliance with your applicable codes. and pricing. 2 El.. y Meeting Type: Regular 5 d� a Meeting Date: 07-17-01 r , f AGENDA � f Heading Consent Cm OF CAPE CANAVERAL Item 8 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT, VFW POST 10131 DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider approval of an outdoor entertainment permit for VFW Post 10 13 1. Summary Explanation&Background: The VFW Post 10131 is having a patriotic memorial for POW/MIA's on 08-11-01 from 9 a.m. to 11 a.m. and a request has been made for Longpoint Road closure. Exhibits Attached: Permit Application City Mana Sf iice Department LEGISLATIVE cape-nt\ ocuments nci\meeting\2001\07-17-01\vfw.doc CITY OF CAPE CANAVERAL,FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERiNUT Permit.-No. - - - Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: L—L-Z IV/ Z--r Title: %'o' 5' Firm: �/, /' r,✓, f'osi / c> /.?/ Address: /;L/2 Telephone: / 2Y -- 3 `i 7 FAX: Local Contact: Z--C---V /I-// Cly e--14�s Title: Local Address(if different from above) Type of Event: j�i3—%Qc c T/ n-�c�,vr ,z//}c ; �„��i1-!//t !y Event Date(s)in Cape Canaveral: e- Location(s): Date(s) Time S- �--�.✓"�lam,i,n,, /L� �-/� _ 9.`�•, %�, - l i;�;: .g� Attach map(s) indicating event area and designated parking areas. Traffic Control QUse of Police/Fire Rescue Equipment ;Street Closing OVehicles/Equipment on Beach OOther OVehicle Paridng on City Property Specify: --3 ZU'41/ ) �/LG /il ti/ i"�/ L"'Tip//�G (/[s l✓cam SJ '�i�/L D c),2 9. � �/ Pte,• / c`C- /Z � � G (;/C By signing this application,the applicant acknowledges and agrees to the following provisions: I. INSURANCE A written public liability ince mance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than S300,000.OQ dagiage or injury to any one - person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise,plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit,together with adequate evidence that the premiums are paid. Name of Insurance Co: � G' %A" t-+��Policy No: C� Expiration Date: Z— II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSESNEES The applicant agrees to pay the City, in advance,for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health,safety and welfare of those in attendance, as well as the general public,have been otherwise provided for as required by said code. List any exemptions you are seeking. Date Applicant or Representative/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information,please contact: City of Cape Canaveral Bennett C.Boucher, City Manager 105 Polk Avenue Cape Canaveral,FL 32920 Phone: (407) 868-1230 Fax: (407)799-3170 E, Meeting Type: Regular Meeting Date: 07-]7-01 AGENDA k Heading Consent r y cmr oP CAPE CANAVERAL Item 9 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: AUTHORIZATION TO UTILIZE THE BREVARD COMMUNITY COLLEGE ALLIED HEALTH BUILDING AS A CITY EMERGENCY OPERATIONS CENTER AND EMPLOYEE/F'AMILY SHELTER DEPT./DIVISION: ADMINISTRATION/CITY MANAGER Requested Action: City Council authorize the city manager to execute the attached memorandum of understanding. Summary Explanation&Background: I toured this building with Emergency Management Director Bob Lay and representatives from the City of Cocoa, Cocoa Beach, Sheriff's Office, American Red Cross and BCC officials on 07-10-01. This is a unique opportunity for central Brevard communities to work together and share information and resources during a natural disaster. Also, employees and their family members will be able to stay at this facility. This building has hurricane shutters, kitchen, restroom and meeting facilities. I strongly support this memorandum of understanding. Exhibits Attached: BCC/Allied Health Memorandum of Understanding City Man Office Department LEGISLATIVE n m\mydocum is\a ncil\meeting\2001\07-17-01\bcc.doc Jul 11 01 01 : 45p Amari & Theriac 3216399950 p. l LAW OFFICES AMARI & THERIAC, P.A. Richard S.Amari Attorneys and Counselors At Taw Nicholas B.Bangos* Reply To; Cocoa P.O.Box Mariner Square Kohn Bennett 96 Willard Street,Suite 302 Bradly Roger Bertin,Sr. P.O.Box 1807 Anthony A.Garganese 4 Cocoa,Florida 32923-1807 Mitchell S.Goldman Telephone (307)639_1320 J.Wesley Huwae Fax (407)639-6690 Matthew J. (Monaghan — — —--— Mark S. Peters Imperial Plaza David NI.Presnick Suite B104 Charles R.Steinberg 6769 N.Wickham Road James S. Theriac, III Melbourne,Florida 32940 Telephone (407) 259_6611 *Admitted AL,FL Fax (407) 259-6624 ♦Board Certified City,County,&Local Government Law FAX TRANSMITTAI, TO: BENNETT BOUCHER FROM: KOHN BENNETT, ESQUIRE DATE: 7/11/01 RE: BCC - ALLIED HEALTH - MEMORANDUM OF UNDERSTANDING DESTINATION FAX NUMBER: 799-3170 Attached is our FAX transinittal which is/pages, including this page. CONFIDENTIALITY:VOTE: THE INFORMATION CON"TALNED IN THIS FACSIMILE MESSA(X IS LEGALLY PRIVILEGED AND CONFIDEN'T'IAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT TILE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS TELECOPY IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TELECOPY A' ERROR, LEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE;VIA THE UNITED STATES POSTAL,SERVICE. THANK YOU. Jul 11 01 01 : 45p Amari & Theriac 3216399950 p. 2 rnn�, T Brevard Community College Allied Health MEMORANDUM OF UNDERSTANDING Wof U This memorandLim of Understanding is effective the day of 2Cri, >3ett�dc�zrr the City of Cocoa, Cocoa Beach. Cape Car�avcra:, Brevara Gounty Sheriffs Office, Brevard County Office of Emergency .Management ano Brevard Community College. CL PURPOSE $,I*t DsSiiny .nar��r a e p; naturai disasters it may be ire eSsary and prudent for the above aar led municipaiWes and Brevard bur Sheriffs Office to reiocate their Lmergency Operations Centers} (E Employees/Family Shelter to a secure location an the mainland for the s ety of personnel involved and for the be:r�or't of the. populous which they s e. The Brevard Community College uvvFts, u�:�:ate and aiaintainti the aGiiitles, which are conductive for the cstablishone;�i and ;,trr� mon user EOCr64elte+y jointly and cooperatively, estaeliss ed by the munic:ipali ies and the Brevard County Sheriffs Office. •+�w Brevard Community Coiiege,n unicipalities, and the Brevard County Sheriffs Office recognize the ncod for such cooperation in the interest of public safety, AGREEMENT +cva<d Cor'nrnumt��College argroAo allow 0te-G4Y ei Cocoa, Cocoa Beach, Cupc Cana oral, and Brevard CountySherif, -_ Offcesuse of ttie Allied health rBuilding for the purpose of establishing a joint EOCi9VAGH991-bra s"h0i0iPs4kies- when it becornos necessary and prurient to evacuate the barrier island(s)during a man-made or natural disaster. Prior to the estahlishmcrit or the t-OCf---ww}w.,r ?f�gq y.Shelter, a f0presentati e cfthe E ieV_3rd COMMun'4 College and a joint representative of t.110unicipaliiies, and Brevard County Sheriffs Office shall meet in order to I-ompiete an inspection of the facility to jointly identify the general condition of such faci]4t and to record their findings on the American Red Cross Shelter Pre- inspection form. Ail representatives shall maintain copies of the completed insMQcticr,. r'6,3, 10 Pnfivatinr) of the EOe, an EOC Manager from tine Brevard County Sheriffs Office representing the municipalities and Brevard County Sneriffs Office shall be idenuti�:d. it shall be the responsibility of the manager to oversee all operations and to ensure the facility is property cared for. It shall be the Jul 11 01 01 : 45p Rmari & Theriac 3216399950 p. 3 I M11 (A "-zSPC1,'-!s'D1fjty 011 E70(, personnelCA 'o 1Mmv(j1�'tf'1` rc�P(-)r( 10 - r any da-mage Caused to the lac&ty (jU1:F19 aUvd(jon Any damage reported --,, by the LOC Manager shall he docunif-rited and JorwarCloo to a representallve Cj P5rc�vard Commimitv College as soon as C)raCtiCai Professional Order Shall be n-,di.-'ainen at _ilf tim.ps V,1ntt(,r-,3 of con' CP-rn qh.n1l " f1friRcted NO 'he FO(' --gur during ac'ival,c)tj clUM'Onzed personnel of the municipal ties, Brevard County Sht-jf, s nf*,,Ce and representatives of the Brevard Guininunity College shall be admitted 'to the EOC for'ourDoses of safety and security. Should the occupied space be required to houso an k-werflow of public 4v1Cuee!z, the EOC Manager shill tully cooperate Wit'i-� he needs as identified by the Brevard 'OurtY Office of E.-niergency PA a g e! n s m-rt- pric' to dc-ac.'vatlnQ of the the EOC Manager shall a$suie tile facility is returned to its pre-acilvat'Ofl state of Cleanliness and ordmr UP05 Zile de-,--c-tivation of the EOC A64*0r�, �f �a reprosentative of - U l-3rc—ai-4 C-C!'MMu-nity College, Brevard County Sheriff-, office avid the '11J r' JC!P6la1OS Sh3!1 ir-spect the facility usil-19 the American Red Cross shelit--1 PO--t Inspection Form. Any discrepancies from the original inspection (American Red Cross Shelter Pre-fr-spection Form) Shall be noted in writing. Nothing in this Memorandum is intended to effect, after or amend the parties' (019X rights obligatiot)s. This 1%4erriorandum shall Semo only as a manifestation of elct, parti c'Lz' desire to c'OoPer-at@ in a 1c)'r)t venture for th,- safety and v4t�flfaje Of Fr-nOrQ-eMcV Management Personnel and those they are swam to protect n The duration of the agrooment shall be for f 0 year,-; beginning from the effective (late Of the aoreeinenf Y lowever, munic,pall , I t, Orevafd County sheriff's orj-jce' Q[ Brevard CoiTimurlity College May termiaie ille agreement klr-"On 'S:xmonthswrilt�n notic-e IN WITNESS WHEREOF, this Whriorandurn of Understanding is enttirod into H ne da!(-- first above written- AGREED To f3y. Drev3- t(i, Coi!ege City of Cocoa Jul 11 01 01 : 45p Amari & Theriac 3216399950 p. 4 �' '•" 'ii Tom!. 1. 20D! Cay of Cocoa Beach E!re°Y3ry Cuuniy uffce of Fmergenc;y Ci;y of Cape Canaveral C$F;v aid County Sheriffs Office NATURE SAVER"FAX MEMO 01616 —� [a 4l�Tl1tC��1C�_r i►wm t' A �. t r •, ti ti n ` � i r I r1 Brevard Community College Allied Health MEMORANDUM OF UNDERSTANDING (MOU) This memorandum of Understanding is effective the day of 2001, between the City of Cocoa, Cocoa Beach, Cape Canaveral, Brevard County Sheriffs Office, Brevard County Office of Emergency Management and Brevard Community College. PURPOSE During man-made or natural disasters it may become necessary and prudent for the above named municipalities and Brevard County Sheriffs Office to relocate their Emergency Operations Center(s) (EOC) and Employees/Family Shelter to a secure location on the mainland for the safety of personnel involved and for the benefit of the populous which they serve. The Brevard Community College owns, operate and maintains the facilities, which are conductive for the establishment and common use EOC/Shelter, jointly and cooperatively, established by the municipalities and the Brevard County Sheriffs Office. The Brevard Community College, municipalities, and the Brevard County Sheriffs Office recognize the need for such cooperation in the interest of public safety. AGREEMENT The Brevard Community College agree to allow the City of Cocoa, Cocoa Beach, Cape Canaveral, and Brevard County Sheriffs Office use of the Allied Health Building for the purpose of establishing a joint EOC/Shelter amongst the municipalities, when it becomes necessary and prudent to evacuate the barrier island(s) during a man-made or natural disaster. Prior to the establishment of the EOC/Employee/Family Shelter, a representative of the Brevard Community College and a joint representative of the municipalities, and Brevard County Sheriffs Office shall meet in order to complete an inspection of the facility to jointly identify the general condition of such facility and to record their findings on the American Red Cross Shelter Pre- inspection Form. All representatives shall maintain copies of the completed inspection. Prior to activation of the EOC, an EOC Manager from the Brevard County Sheriffs Office representing the municipalities and Brevard County Sheriffs Office shall be identified. It shall be the responsibility of the manager to oversee all operations and to ensure the facility is properly cared for. It shall be the responsibility of EOC personnel to immediately report to the EOC Manager, any damage caused to the facility during activation. Any damage reported or noted by the EOC Manager shall be documented and forwarded to a representative of Brevard Community College as soon as practical. Professional order shall be maintained at all times. Matters of concern shall be directed to the EOC Manager during activation. Only authorized personnel of the municipalities, Brevard County Sheriffs Office and representatives of the Brevard Community College shall be admitted to the EOC for purposes of safety and security. Should the occupied space be required to house an overflow of public evacuees, the EOC Manager shall fully cooperate with the needs as identified by the Brevard County Office of Emergency Management. Prior to de-activating of the EOC/Employee/Family Shelter, the EOC Manager shall assure the facility is returned to its pre-activation state of cleanliness and order. Upon the de-activation of the EOC/Employee/Family Shelter a representative of Brevard Community College, Brevard County Sheriffs Office and the municipalities shall inspect the facility using the American Red Cross Shelter Post Inspection Form. Any discrepancies from the original inspection (American Red Cross Shelter Pre-Inspection Form) shall be noted in writing. Nothing in this Memorandum is intended to effect, alter or amend the parties' legal rights or obligations. This Memorandum shall serve only as a manifestation of each parties' desire to cooperate in a joint venture for the safety and welfare of Emergency Management personnel and those they are sworn to protect and serve. The duration of the agreement shall be for five years beginning from the effective date of the agreement. However, either the municipalities, Brevard County Sheriff's Office or Brevard Community College may terminate the agreement upon six months written notice. IN WITNESS WHEREOF, this Memorandum of Understanding is entered into on the date first above written. AGREED TO BY: Brevard Community College City of Cocoa City of Cocoa Beach Brevard County Office of Emergency City of Cape Canaveral Management Robert S. Lay, Director Brevard County Sheriffs Office 124Q 124P 1[4N 124 124 _ 0 120 1248 123 121 124C 124M124A 122 124D 118A 118 acad--alhone 119 2/21/96 126 gar rev.YL-Ot-f7 12 4 E 113 g.ralston 125B 12SC 119A 117 124F 12SA 124E 1241 124G " 125 116 124H 115 D124 110 112121 114 101 102 100 109 t00A 103 1046 4-108E ttiJ 1118 r qA 1006 108 111C 108E 104 108A 111E 11i 111D A 1081 108H 104 1088 108D 100 108C 1041 104 104 111 I 111H D E 105 106 107 MVAW comm' iYcatza Caw-Gocm SITE NO. 1 FACILITY NO.21 ALLIED HEALTH BUILDING FLOOR 1 of 2 fz� n N �1 'b l� o a 0 r- f I-) I I Meeting Type: Regular Meeting Date: 07-17-01 AGENDA Heading Consent Item 10 No. The Canaveral Port Authority has agreed to pay one-half the cost of this fire truck. Therefore, the city's cost is AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF A PIERCE QUANTUM 105' HEAVY DUTY AERIAL FIRE TRUCK DEPT./DIVISION: FIRE DEPARTMENT/PUBLIC SAFETY Requested Action: City Council consider the cooperative purchase of a Pierce Quantum 105' Heavy Duty Aerial Ladder Fire Truck from Ten -8 Fire Equipment, Inc., utilizing the Lake County Florida Bid, as recommended by the fire chief. Summary Explanation & Background: The purchase price is $595,752, less guaranteed trade-in amount of $160,000 (see broker agreement) for a total net purchase price of $435,725. The Canaveral Port Authority has agreed to pay one-half the cost of this fire truck. Therefore, the city's cost is $217,862.50. This amount is to be financed. I recommend approval. Exhibits Attached: Purchase and Broker Agreement City Ma Office Department FIRE DEPARTMENT/PUBLIC ! SAFETY c vnydocu ent ouncit\meeting\2001\07-17-01\firetruck.doc Jul 13 01 10:50a Richard S. Arnarl Kohn Bennett Bradly Rogor Bettin, Sr. Mitchell S. Goldman J. NVealey Howxe David R. Martin Matthew 7. Morw9hau Mark:. McQuage Murk S. Peters Dalid M. Presuick Charles R. Steinberg James S. Theriac. III Of Counsel: Mary E. Lytic, P.A. Flmari & Theriac 3216399950 LAW OFFICES AMARI & THERIAC, P.A. Attorneys and COwlselUrs At Law Mr, Bennett Boucher, City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Reply to: Cocoa Post Office Box July 13, 2001 RE: ACQUISITION OF PIERCE 105 QUANTUM LADDER TRUCK Dear Mr. Boucher: p.14 Mariner Square 96 Willard Street, Salle 302 Post Office Box 1607 Cocoa, Florida 32923-1607 Telephone (321) 639.1320 Fax (3211 639.6690 Imperial Plaza Suite B104 6769 N. Wickham Road Melbourne, Florida 32949 Teiephone (321) 259-6611 Fax (321) 259-6624 I am in receipt of and have reviewed the proposed resolution in regard to the above - referenced matter. Following said review, Resolution # 01-20 meets with approval as to form. I: you have any questions, please do not hesitate to contact my office. Sincerely, v r Mai -k McQuagge M?vl:mern July 52001 Ca c Canaveral Firc Department PROPOSAL ` 190 Jackson Avcnue ---- Capc_Canavtral Florida 32920'- rel! WIWism"oFIRE APPARATUS The tntdersigncd is prepared to manufactwc for you, upon an order being placed by you, for final acceptance by Pierce Manulkturing, Int., at its home oflice in Appleton, Wisconsin, the: apparatus and equipment herein named and for the following prices: Pr Q t s fua - rh -Elect at time of order orf � . must be a to a contract price. s00 .001 Total S 5 Said apparatus and equipment are to be built and shipped in accordance with the cpeeifiCations hcreio uuuchcd. delays due to strikes, war or iawnlional conflict, failures to obtain chassis, materials, or other causes beyond our mttrol not preventing, within about 180 working days alter receipt of this order and the acceptance Ihereofat our Appleton, Wisconsin, and to be delivered to you al Cape Canaveral. FIorj��_ The speciftcatiow herein contained shall form a part of the final contract, and are subject to changes dcrircd by 'Ju: purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction ol'the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportattion (DOT) rules and regulations in effect at the tine of bid, and with all National Fire Protection Association (NFPA) Guidelines for Awormotivc Fire Apparatus as published at the time of bid, except as rnodificd by cust"Ct Specifications. Any increased costs incurrtd by first party because of future changes in or additions to said DOT or NFPA stundards will he prised along to the customers tug an addition to the price sci forth above. Unlote aeccptad within 30 days from dale, elle right is reserved to withdraw this proposition. P MANUFACTURJNQ, INC. By: - - X1/� SALES REPRESENT E C 4V We Build Confidence CAPE CANAVERAL FIRE DEPARTMENT PRICING COMPUTATION SUMMARY PER LAKE COUNTY CONTRACT NO. 99-15o QUANTUM 105' HEAVY-DUTY AERIAL LADDER Apparatus Base Cost 4% Mark-up over Base Cost $448,945.00 $17,958.00 Standard Options at Cost(Complete Apparatus -Base Apparatus) $134,224.00 10% Mark-up on Options $13,422.00 Less Discount for Pre -funding of Contract at Time of Order ($18,824.00) Total Apparatus Price, FOB Cape Canaveral, FL $595,725.00 Deduct for trade-in of 1986 Sutphen Aerial Platform* ($160,000.00) FINAL APPARATUS BELLING PRICE $4351,725.00 * Guaranteed minimum at time of delivery of new apparatus. See enclosed brokerage agreement. A 100% Performance Bond will be supplied upon receipt of order. Ten -8 Fire Equipment Inc." memo Date: May 21, 2001 To: Chef David Sargeant (3) Pages Cape Canaveral Fire DeparbneM From: Mark Jonesffen-8 Fire Equipment Inc. 2904 59`h Ave Drive East, Bradenton, FL 34203 800-225-8368 941-756-2598 fax mjones@teei8fiirc.com Cc: Robert Boggus RE: Broker agreement Attached is the broker agreement with the numbers we discussed. I feel the unit will sell in the 200K to 230K range. I recommend we start marketing at 240K. Per our dismssion, the only negative features to this unit is that it is not an enclosed cab and the unit is approaching 16 years iu age. Due to its great condition, I expect it to sell at the upper range of units within this class of vehicle_ For budget purposes I .would estinrate the Fire Department could net 200K from the sale. Worst case scenario would be our 160K guarantee. rf it would be possible to make the unit available for immediate delivery, this would also help facilitate a quick sale. Our guarantee and this offer is valid for a period of sixty (60) days. Thank you, Mark Jones i,HI- 'L - - I-,-"._' iCN-7 t -:t tk�_I i f-'7 ltrAI TEN -S RR.E FQUMMENT INC. jal 75s 2598 P. 0211-07-1 PIERCE FIRE APPARATUS NEw AND USED 2904 59th Ave. Drive .East Phone 941-756-7779 Bradenior- FL 34203 FL Watts 800-228-8368 FAX 941-756-2.59,9 EXCLUSIVE BROKER SERVICE AGREEMENT rb-s 2g ernent is made effective as of May 21, 2001 by and between Teri -8 Fire Equipment Inc. (herekafter a Florida Corporation at 2904 59th Ave. Drive East, Bradenton, FL 34203, and the Cape Canaveral F :re Department 190 Jackson Avg. Cape Canaveral, FL 32920, I WTiEREAS, TEN -8 desires to provide a broker service and the Cape Canaveral Fire Departmeut desires lse -hzar Broker service to sell apparatus per attachment "A" and therefore agrees to work %ith TEN -8 until �,paratus is sold or the New Pierce Aerial apparatus is delivered which ever occurs first. Ten -8 agrees to , g— essively promote and advertise apparatus in attachment "A"' to expedite the .,ale. The Cape Canaveral agrees that the unit listed in attachment "A" shall be available for immediate Buie .arid delivery on or before .i.chivery of the New Pierce Aerial apparatus. 2. PRICE AND COMPENSATION. TEN -8 will advertise for sale and promote the sale of the unit per attachmerrt "A" with an asking price of $240,000.00. Ten -8 will receive a 10% com anission from the sale of tl e smut m attachment "A" if sold prior to delivery of the New Pierce Aerial. If the New Pierce Aerial apparatus is delivered prior to sale of the unit listed in attachment "A", Ten -8 Fire Equipment Inc. agrees to purchase the unit listed in attachment "A" for the amount of $160,000.00 or the Cape Canaveral Fire Department may extend this broker agreement without any further purchase guarantee from TEN -8. A fair and equitable price will be sought from any prospective buyer. :. SALES LEADS; A representative of Ten -8 Fire Equipment Inc. will accomp&iy any prospective buyers to inspect the apoarams and will presew all offers in writing. Any cost associated vrith advertising and showing of apparatus shall be paid by Ten -8 Fire Equipment Inc. 4. COiv(PENSATION FOR DIRECT S A E. I£ Ile Cape Canaveral Fire Department completes the sale of the #paratus listed on attachment "A". directly with any buyer or agent of a buyer, during the term ofthis agreement without the direct assistance of TEN -8, TEN -8 shall be paid five (5%) of the sale price as cocrpe.usation for services performed. If a sale is completed by TEN -8's negotiation with buyer as intended in paragraphs 1, ?. and 3 above, then' paragraph does not apply. FAX COPIES AND APPLICABLE LAW. A duly signed copy of this agreement transmitted by electronic ra:.-4aile sh=all be construed, valid and enforceable as an original agreement betwt;en the parties. This A�uceinent shall be governed by the haws of the State of Florida. Dann Bouw•er, I'en-8 Fire Equipment Inc., Broker David J. Sargeant Fire Chief Date: Summary Chassis Net: $155,720 Chassis Handling: $4,672 Body Net $288,553 Administration: $0 Net Due Pierce: $448,945 Services/Expenses $0 STF Components: $0 Sales Supplied Total: $0 Total: $448,945 7/5/2001 1:19:58PM 7056 Stock Page 7 FILE No . 845 07.=12 '01 H11 11:50 I D : Cf1C3500 FOX,: 813258,-1333 PHGE I FAX COVER SHEET rasing 2 formerly commarcla/ 6 Municipal cap/tal, Inc. 1304 DeSoto Ave.. 806 304, Tempa, FL 3361)8-3138 (613) 266-9888 FAX' (813) 288-9333 TOLL FREE: (800) 2878188 VISIT US ON THE INTERNET AT http:lA~, Ieeelnp2. C0M DATE: July 12, 2001 TO; Bennett Boucher COMPANY: City of Cape Canaveral FAX: 321-799-3170 FROM: Brad Meyers RE: Lease Proposal for 1 New Pierce 105 Quantum Total Pages: Z MMAGE Thank you for the opportunity to provide this lease proposal for your review. Please review the proposal with special attention to the "Vendor/Manufacturer Payment Terms" section located after the "Transaction Specifics" box of page 1. If any aspects of this proposal are Incorrect, including the "Not Earlier Than" dates, please contact me at 800-287-5155. When this transaction is to be finalized, the customer (Lessee) should complete the "Request to Proceed" box on Page 3 of 3 and fax the entire proposal to Leasing 2 at (813) 25"333. Since this is a time sensitive Issue, I have also included a sample Certified Resolution (Exhibit A to our standard lease documents) so that you might proceed with arrangements for Its completion. Thanks again for thinking of us. We appreciate the opportunity to be of service to you. Brad Meyers 800-287-5155 x 12 F I LF 07. 12 '01 NI1 11:51 I Ii : (fMC ,500 FH ; :S1 5' y F'HGE PROPOSAL FOR TAX-EXEMPT LEASE FINANCING July 12, 200! Presented by leasing 2 1344 (Moto Avenue, Sufte 304 Tempe, Floride 35608 Phone: 600-2674185 Pee: e13-2664333 "teaeina2.com" Presented To Ue Laeaa) City of Cape Canaveral Cape Canaveral, FL Attention: Chief David Sargeant Equipment Description: Commencement Date: Equipment Cost: Lessee Down Payment: Pre -Pay Discount: Amount Financed: Lease Term: First Payment Data: Payment Frequency: (1) New Pierce 105 Quantum 07116/01 Option.1 $454,649 $217,883 (due upon order) $18,824 $217,883 7 Years 05/01/02 1 / year Net Effective Rate: 5.40% Lease Rate: 5.40% Payment Amount: $37,824.18 Payment Factor: 0.17381 Ail rates are s! bi to Leasee Issuing less man $1 KM VandodManufacturer Payment Terms from Leaaor"follows. Payment Type: 100% Prepay Amount: $217,882.50 Not Earlier Than: 07/15/01 Vendor Ten -6 Fire Equipment Robert Boggus the calender year of the Lease. •ExnlanaUon of Factors In Pavmant schedule: The 'factors" shown in the pricing of this proposal can be used to calculate approximate payments on amounts other then the flnence amount proposed. To use, Sim* muldpy the epproprlate factor by the adlustad finanoa amount. The product wig be an sWaximete adjusted payment. Page I F I LF N� � ..345 07 12 '0 1 Nil 11 :51 I D : (7110:=:500 Fed, : 1325,9 >3 PuGE This prldng represents Just a few of the many options that ars ovaiebe. In fact, you may select any down payment, payment frequency, first payment ane, and ease term (up to 16 years on new fire trucks only). Of course, such Chang" would change the pricing. 1. PLUM: The Is a lease proposal for the payment stream(,) Indicated above. Each of the -transaction speoMos" and vendor terms aro important to the sap pricing. If any of these are not correct, please advlse us so that via an determine whether a new proposal Is required. Other Important ek+mento of this proposal are, a) MAAMMAW. To protect the Interest rats quoted, the fully executed les" documents along with an other required documentation must be returned to Leasing 2 by August d, 2001. In order for this objectl" to be possible, the "Request to Proceed" at de and of this proposal should be completed, signed and returned by July 16. 2001 . b) : There will be gg_up-front costs of any kind charged by Lessor Including closing Web, points, admtnisttauve costs, etc. Your attorney may charge you to review the Inas, documents and complste the opinion letter required with our lease documentatlon. c) : This is a lea"-purchave type of financing. After all the Isess payments am made, Lessee will own the equipment ww"t furtlw coat. d) Flead Ratan: Unless otherwise noted, the Ineerost rate* In this proposal aro fixed for the entire term. 2. ff. : In the event that the truck(s) and/or equipment are not ready to be delivered, proceeds of this Nap will be hold In a vendor payable account untll delivery/acosoancs and psyment(s) are made to the vendor(s). a) The funds WIN earn intsrest whol in this account. b) AN Interest Irorn this account will be paid to Lessor. C) Lessor has used all of the projected earnings from this account to lower the lessee's borrowing coats (ass page one - 'Not Effective Rate-). d) Then will be no disbursements, from escrow earlier than the vendor terms highlighted above (Vendor Terms Payable by Lessor). 3. Bank Qualified r Small Issuer: LOSS" shell certify that It has not designated, and does not reasonably anUCipata designating, more than 11 0.000,000.00 of obNgailons during the Calendar year that ten proposed leas Is executed. rt- : This is a proposal only, and does not represent a commitment to fess•. This financing Is subject to oredR review and approval and exsa dlon of mutually scospteble documentation, Including the opinion of less"'s counsel opining that the agreement Is legal, valid and binding, and quaMfed as a tax exempt obligation under the tax reform ad of 1886 as amended. This transaction will be designated "tax exempt debt under section 206(b) (3) of the Internal revenue code of tg86, as emended. S. Lessor The Lessor for this Wass will be Leasing 2, Inc. or Its sesigness, which will also administer the eat transaction. Lsssinp 2, Inc. BY: DATE: July 12, 2001 Brad Meyer* MEMBER FAIR COMPETITION: Leasing2 appreciates good, healthy competition when it Is fair. This is where you, the customer, plays an oft Important part. Occasionally customers ask other financial Assotsi►Tlofl OF companies to give pricing on lease transactions such as this one. oovsltNM NTAL With this in mind, we respectfully request in the spirit of fair LlAaMOi t► t►INANCE competition, that you treat our proposals as confidential. This VISIT OUR WEBSITE; assures that all competitors compete on a level playing field. Thank LEASING2.COM you in advance for your consideration. Page 2 FILE N,-,.845 0712 101 HP1 11:51 I D : C:r1C- 5500 FHX:13258y33 PHGE 4 REQUEST TO PROCEED: When you are ready to prooeed and would like to move towards finalizing this waw, planes acknowledge that you have reviewed this entire proposal and understand Its contents by completing this section of the proposal and faxing it to Leasing 2. We will immediately fax you 'next stop' Inslructlons. In order to cover Lessor's coats incurred as a result of receiving this 'Request To Proceed" from Leasee, Leasee agrees to pay Lessor $500.00 In the went Lessee ratuim to Malls this transaction once the lease egreemenl to be executed by Lasses hes been received by LessN. We appreciate your oonHdence and consideration. Proposal date: July 12, 2001 Upcoming Governing Body meeting date for loose approval: City of Cape Canaveral Name of Lasses Authorised Signature Primed Name Of Authorized Signature Contact Name (if Di ferent Than Authortaed Signature) Contact E -Mall Address Option Chosen: (where applicable) Date Contact Phone Contact Fax Please complete the above information and fax aU pages of the proposal to 813-258-9333. Tax-exempt Interest rates ars very reasonable now to It's probably a good Idea to consider any fire station financing needs you may have. Leasing 2 can finance the construction of a new station or an add-on or renovation project. Also, we can probably save you money by refinancing an existing station loan with today's lower Interest rates. Call us at 800-287.6166 for a quota. Page 3 F I LE 07 12 '0 1 H11 11: 52 I D : CHC >500 leasing 2 FHX:813258,9 PAGE 5 THIS LEASE WILL BE EASY TO FINALIZE Because we have many years of experience financing hundreds of fire trucks, Leasing 2 knows how to simplify the process of finalizing a fire truck lease transaction. The usual steps In finalizing a Leasing 2 "Tax -Exempt Easy Lease" are: 1. Once we receive notification from you that we have been awarded the lease transaction, we will immediately fax you the following simple Instructions: a. Financial $ta_ t•ments We will ask you to mail to us the financial statements for your last three fiscal years plus your current years budget. If your financial statements are not audited, we will also ask for your checking account statements for only the last month of the last three fiscal years. b. General Infogmation We will ask you to provide some general Information such as the name and phone numbers of your primary contact person and attorney, mailing address, and a general profile of your organization. 2. Once we receive your financial Information, we will Immediately overnight the Lease Agreement to you to be signed by your authorized officers. While that Is happening, we will be proceeding with your credit approval, which might generate a few more questions that can be handled by a phone call. Historically, the credit approval has been more of a formality, but It is a condition of completing your lease arrangements that must be addressed. THAT'S ITI THAT'S HOW EASY A LEASING 2 "TAX-EXEMPT EASY LEASE" ISI Page 4 FILE fvc . '45 07 12 '01 Hf'1 11:52 I Ii : C:f 1C X500 FHX : l 25ug PHGE leasing 2 About Leasing 2 Governments Back and and Ex fence Leasing2 Governments has originated 100 million dollars in leases over the past four years alone. The founder of Leasing 2, Brad Meyers worked with two of the largest banks in the United States for eight years. In 1995, he formed Commercial & Municipal Capital with two partners after their then current employer was purchased in the consolidations that affected the bank industry in the 1990'x. The company changed its name effective January 1, 2000, to reflect its increasing dedication and focus to niche markets within the government leasing marketplace. We have references available from existing customers across the United States, but our Tampa location has led to a majority of leasing relationships within the state of Florida. Gov=Ment Focus Leasing to (2) Governments - that's all we do! As you might have experienced, government leasing is different than leasing to commercial businesses. Fiscal funding, non -appropriation, Federal income tax - exemptions, bank -qualified, escrow accounts, sovereign immunity, de minimus, arbitrage; these are all terms that must be understood to work with local governments and their equipment/project leasing requirements. Commercial leasing organizations that dabble in government leasing can make life difficult for their clients and their vendors. Leasing 2 has been working with governments since 1989. Due to the success we have enjoyed helping governments, we have recently decided to make it our only area of business. Meeting Type: Regular Meeting Date: 07-17-01 AGENDA Heading Consent Item 11 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RENEWAL OF AUDIT SERVICE AGREEMENT WITH BRAY, BECK & KOETTER DEPT./DIVISION: FINANCE/ADMINISTRATION Requested Action: City Council approve the renewal of the audit service agreement for a (1) year term in the amount of $27,500 with the firm of Bray, Beck & Koetter. Summary Explanation & Background: This is a renewal for a (1) year term. The contract increased $2,500 over that of last year. See attached engagement letter. I recommend approval. Exhibits Attached: Bray, Beck & Koetter's letter of 07-12-01 City Ma e ' Office Department FINANCE/ADMINISTRATION cape;�t�ocuments dmmAc rmeeting\2001\07-17-01\audit.doc Ell Bray, !�dclb:;utn�. FlOrl;i;: Beck & Koetter CERTIFIED Pl !B,JC AGGCUNTANI S. P 1 he Honorable >`la nr and (.IT} Council Cit] of Cape (anarer:l, Florida \nel)uoll 13etmetr C Boucher, Citv Miinaecr 901 South Harbor Cin. BI. o. One, MarCOr P18CC, .3u'IG 5GOA P,WlDcurne, Florida 72902 i321, 576-14;j^) FAX 1321 984-8018 410 Inaian H;wa( AV01`11LJEl, Sdihl A Tilusvllle. Flcri(1a 32782 ( 3211 2e9-0;'32 FAX (3211 264,1)925 39 Soutn Avant+r.. A �ernae. SuirF a Post Office Box 32105: Cocoa Beach, FiOn ia. 329:32-105 3211 783-83,;%l FAX (321)''99-0925 Wt: arc plcssccl to Confirm Jur urtderstandin,L, of the services �)e are :O provide the Citj Ot Cane C;anaNeral, I'lorida for the year ended Sehterllber 30. 2002. the lNili audit tl)c financial Slaten)entS Of tl)e City of Cape Cana\ciai. I ionda as of and for the `'ear ended Septetrlbcr 30. 2001. WC undcrsUnd That the financial stwenicnis will be prescwed in accordance t%itil the flnancial reporting model in �� tect prior TO that described in GASB Statemer;t No. .NIso, the document we submitto voLL will Include Supplclllentdl statements and schedules that u it[ br subjected to the audilin, procedures npplied in our audit t11'thc Plnancial iatomens Audit Objectives The objective 01 our audit is the expression of an opinion fly to a hether your t:r1ancial statement; aro fairly pre;erl[%d. ilt all Material respects, I[1 0O1)t0r1M, wllh ;ICCOuillill priiwiploi genermk ;ICCeplCd Ill the UwLeJ SL,ItC, ul alneriCA ;ind to report On the fairness of the additional information referred to in the first poragraph \%hen C,11l i dercd in rLixion to the firliixia. staten)ents laked its it 14hole Ottr iiudit will be cutlduC(od Ill iicCOr(1t1nC2 "vrrh auditing siandaids rerciall" accepted in the United States of America and the Standards (Or Gnaauidl audits cowmilcJ in Uu��c.rnur�n ,Aut/rli�as .S[urclurrl�', icaied b;' lh,� COmptrO;lcr Crct]eral of the; Unilcd State;, anJ will include tests OF the accounting records of the City of C; pc t:anavcral, Florida and other procedures .N It considcr- nccxas lry to cria:nlc u, LO Cxpress suCl1 3r1 Opinion If our Opinion or) the tinanclitl St<tTenlenls is (221101' NCIr unqualified. tie w ill fully discuss the reaSbnS with yvu Ill <tti�al)ee. 1J; lOr any reason, we are Unable to complete rhe tlt,il)l Or lie u111b1e Le! `017n or have not formed in opinion. NC'mar &Cline IO express an Opinion ill- to )Slue a report aI d res.Ilt o(Lhis cn�a,;crncnt. \t c tA;:1 alsu provulc reports (that do not include ol)in)rnls on internal cont;ul rulilted 1.o the tin<utci,l .,tatements itud conlphWi(,c 1, ith la.+S, re u1a110n�,, anJ the provisions of brant agreements, nonconlplidncc "Vial whit,h could IMVC 2 [I' 1r1�.riaJ CffeCt 011 LhL i-Illiurlcldl sldteniLmi!� d� rclluired tib G(,i L!iw Li n,, ,-t 1l:.✓1Tlfi?f�,51(ll7clUl-U��. 11anugemcnt Rcspunsibilitiea ?�1anagerl)ent ii :e<poll�j lc ti)[ ;n lwbil>htn rind maint.1 16,11 internal control and 101- eon1pliA1)CC with lilws, ro,•..11ation.�. contract;; and agreements. In fullilliriLP Ibis r'C�pOilSlbllll4, l snlllates a11d Jl:d l)1l (1 1; b} nrinilgcincnl <+rc rcyuircd :o .IS css (11c cxpcctCf b-CETS and related costs of [h< controls. The ob)ective;; Of internal control are to P1 e, id': Iffimalleltlela m ith Ita4on1tble, bel 1101 ('Ib.50411e, a urance that assets arc sa(c2udrdcd a-, msi Joss lvoin lll)tilltliol17ed use or di;posliion, [hilt transaction= arc CXOCLIU,d in SICCOI-dallce \kith ))1i1n8,-�clmGi)l'J dUlh(1PI�Al1 W1s ittic 1c;Corded p :`:periv To l)erll);[ The i)rCparaUOn OJ I 1i3nC::11 Sl.lten:cnts in accordance witl) �4L:neralty acct?loci 1Iccour.oll , I)riE)cipieS , City of Cape Canave.rat. Florida !ulv 12. _W I Management Responsibilities, continued Managennent is responsible for makinD all tinancial records and related information available to LIS. We understand lha,- you will provide us with such information required for our audit and that you at responsible fur the accuracy arms k�oriit tolerlesS of drat inCormacion. W'e will advise you about appropriate accounting principles and their appli:atior and will assist in clic preparation of your financial statements, but the responsibility for the financial SlatenientS remains iN ith you. That responcibilitn includes tl>e establishment and maintenance of adequate records and eftecti\ c irttornal Control o. or financial reportins__ the selection and application of accounting principles, and the safezu:irding of assets. Management is responsible for adlutting the: financial statetnelas [O CorreCi material mISSWCTtiCnlS and for confirming to us in the represcntaiiuri letter that The effects of any uncorrected lniss[3Tetiicnts a! "rCgated l?y us JUMIE the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to die financial s[aTenrents taken as a ttihole. Audit Procedures —General All audit includes exan-Lining, on a resr basis; evidence supporting the amounts and disCIOSUCes in clic financial STatemcnts: therefore, our audit will involve judgment about the number of transactions to be examined and the areas W be Tested. We m ill plan and perform ibe audit to obtain reasonable rather than absolute assurance about whether the flliancial Statements are free of material misSTAiemenT, tahether caused by error 01' h'auti_ SCCAUSC an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a derailed examination of all Transactions, there is a risk that material misstatements (,hether caused by errors or fraud) or illegal acts may exist and not. be detected by us. In addition, an audit. is not designed to detect immaterial misstatements, inimater-ial it c'_al acts, or illegal acts char, do not have a direct effect on the financial sratertients. However, \+e \till inform You Of an} material errors that come W our attention and an,, baud that conies to our attention. We will also inform Vou otari\ dlegal aCtS thaT crime to Our attention, unless clearly incunsequennAl_ Gur responsibility as auditors is limited to the period covered by our audit and docs not :sterid To ninTtCr.'S That rrlighl arise during arty later' period; fUr "I-,lch «e are nor engaged as auditors - Our proccdures will intaude tests Of documentary evidence 5nhporting the transactions recorded in the accounts- and may include tests of the physical existence of inventories, and direct confirmation of receivables and cortain other a;:ets and liabilities by correspondence with Selected mdl\ iduals, creditors and financial institutions. We will request titter rel'resentations from our attorney, as part of the cngagernent, and they rt)a bill }Uu fur rc •poradint� to this inquirl. At the conclusion of our audit, v�e will also )CgUIN cUM)l %riuen represenratinns trona you about the financial statements and reiared matters Identifying and ensuring, that the City of Cape Canaveral, Florida complies with law,. reru;ation.;. ConU'aCf_ grid azncmenls is the responsibilit,, of management. As part or' Obtaining reasonable assurance about whether the I?nancial statement are free of material misstawnlerit, tis e lWfulln tests Of the City of Cape Canaveral. Florida 's con,phance v<iih applicable laws :and regutatio:i. and the provisions of contracts and agreement 11ow?ver the obi,'ai.e of cur audIT A.till nOT be TO provide an opinion on ,averall conipiiance and tse kkill not express such an C1t1 of Care Canaicral, F)orida Jul} 10, 2001 Page Three audit Procedures - Internal Control In planning and performing our audit., we will consider the internal control sufficient to plan the audit in order a1 ,ietermine the nature, timing, and extent of our auditing' procedures for the purpose of txpressing our opinion on The City of Cape C'anai era), Florida's financial statements. N;: will obtain an understanding of the design of the relevant controls and whether they have beet) placed In operation, and we will assess control risk. Tests of controls may be Performed to test the effectiveness of certain control that Lie consider relevant to preventing: and detecting errors and fraud that are material to the financial stawments and to preventing and detecting nti statements resulting' from Illegal acts and other noncompliarice matters that have a direct and material effect on Elie financial statements. (Tests of controls etre required only if cunuvi risk is assessed below the maximum level.) Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed. An audit is not designed to provide assurance on internal control of to identify reportable conditions. However, we will inform the governing body or audit cormnittee of any marrenc involving internal control and its operation: that we consider to be reportable conditions under standards cstab.ished by the American Institute of Certified Public Accountants- Reportable conditions invoke masters coming to our attention relating to significant deficiencies in the design ur operation of the internal control that, in out judz;emtnnt, could adversely affect the entity's ahilit) to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Audit Administration, Fecs and Other �b o understand that your employees A ill preparo all cash or other confirmations we request end will locate any invoices seiccted by LIS for testing. The workpapers li)r this engagement arc the property of Bray, Beck and Koetter, CPASs I'A and colsticute confidential inlurmation. However. we may be requeSTed to make certain workpapers available to regulator% agencies pursuant to authority given to Them by law or regulation. Il'requcsted, access to such workpapers will be pros idea under the supervision of Bray. Beck and Koetter, CI'As. PA personnel. Furthermore, upon request, we ma provide photocopies Of sciccted %,orkpapers to regulator} a_encies. The rcsulatory agencies rmv, intend, or decide. to distribute ttie photocopies Ur information contained Ihcreirl to others, 1nCJUding other governmental 1�etiCit:S Our tee for these sen ices will be at our standard hour)}, rates except that tic agr'oe that our gross fee will not exceed $27.�UU. Our standard hourly rates Vary according to the de�gyrcre of responsibility involved and tete experience le�.el of the personnel assigned to voter audit. Our invoices for these fees will be rendered each month as work progr•ess� and are E a\ ahle on presentatirnl, fn accordancE w iTh Our firm policies, uork 1116% be suspended if your accounT heeomcs 120 days or more overdue and may nor be resumed until your account is paid in full. if we elect to tc.mir.ate our scmices for nonpaymont. oi..rr engai-,emcnt till) be deemed to hale been completed even if we have not completed our report You will be ohliodtcd 10 compensate a f.x all time expended through the date Of termination- The above fcc is based on rsnticipated cooperation from vour personnel and Tile assumption that Unexpected circrunstances will not be encountered during the audit. If significant additional time is necessary, we i+ill discuss it with you and arriie ar a new fee estimate before tie incur the additional costs. of CaipC Ian 12, 2001 Page lour Audit Administration, Fees and Other, continued t;r;wr, mem .4takmjr Si mctards require that we proyiJe you witli a copy of our molt recent quality rotltr0i rcvicyv ,epmT Our 1998 peer rcyieu report. accompanier this IC.cr. t'` c tpprc(;ime tilt opportunit) to he of sumu to the C ity of Cape Canaveral, Florida and be,icyc this letter• �c ura;cl �>utnmwices the ticnifcam terms of our engagement. If fou have any questions, please let us know. If you agree K tth the terms of our engagement as described in this letter, please siLn the enclosed cop) and return it to u>. Farr MOQ your, BRAY, R1 -.CK, AND KOL I ILK, CPAs, RA �I \ <l lidd'ard ) Beck,�IIA Nlmm`inr QlreM U13 din APP(ZO'. ALt This ;eller couewt sets forth the undeivtndin_ of the City of _ape Cmwvemy Merida. Lay fitC Dwo i 1k IrIF0 11 l.JN IA', I:> To the Directors Bray.'Beck & Koetter We have reviewed the system of quality control for the accounting and auditing practice of Bray, Beck & Koetter (the firm) in effect for the year ended .lune 30, 1998. A system of quality, control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards_ The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (the "AICPA")- The design of the system, and compliance with it, are the responsibilities of the farm. In addition, the firm has agreed to comply with the membership requirements of the SFC Practice Section of the AICPA Division for CPA Finns (the Section) Our responsibility is to express an opinion on the design of the system, and the firm's compliance with that system and the Section's membership requirements band on our review. Our review xvas conducted in accordance with standards established by the Peer Review Committee of the Section_ In performing our review, we obtained an understanding of the system of quality control for The firm's accounting and auditing practice. In additioii, we tested compliance with the firm's quality, control policies and procedures and with the membership requirements of the Section to the extent ue considered appropriate. These tests covered the application of the farm's policies and procedures on selected engagements. Because our revic,w was based on selective tests, it would not necessarily, disclose all weaknesses in the system of quality control or all instances of lack of compliance with it or with the membership requirements of the Section, As is customary in a peer review_ we are issuing a letter under this date that sets forth comments relating to certain policies and procedures or compliance with them_ These matters were not considered to be of sufficient significance to affect the opinion expressed in this report. Because there are inherent imitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Ako, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality, control may become inadequate because of changes in condirions, or that the degree of compliance with the policies or procedures mai deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Bray, Beck & Koetter in effect for the year ended June 30, 1998, has been designed to meet the requirements Of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied with during the year then ended to provide the firm with reasonable assurance of complying with professional standards. Also, in our opinion, the firm has complied with tate me►nbership requirements of the Section in all material respects. Ci, Y / ' o r\ -t -r' L. Gainesville, Florida October 20. 1998 Meeting Type: Regular Meeting Date: 07-17-01 AGENDA REPORT AGENDA Heading Considerations Item 12 No. City Man s Office -'7 CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: DESIGNATION OF A VOTING DELEG ATE TOT HE FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE DEPT./DIVISION: LEGISLATIVE Requested Action: City Council designate a voting delegate to the Florida League of Cities Annual Conference. Summary Explanation & Background: See attached league of cities correspondence. Exhibits Attached: League correspondence City Man s Office -'7 Department LEGISLATIVE ca t ' ,mydocukeents\a ttl�ncil\meeting\2001\07-17-01\league.doe MEMORANDUM TO: FROM: DATE: SUBJECT: City Managers/City Clerks Michael Sittig, Executive Director June 8, 2001 75th Annual Conference — Downtown: Connecting Communities, Cultures and Commerce VOTING DELEGATE AND RESOLUTION INFORMATION August 23-25, 2001 — Wyndham Palace & Spa, Lake Buena Vista As you know, the Florida League of Cities' Annual Conference will be held at the Wyndham Palace Resort and Spa in Lake Buena Vista on August 23-25. This year's theme, Downtown: Connecting Communities, Culture and Commerce, will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. Registration materials have already been sent to each city. Call us if you need additional copies. We have attached the procedures your city should follow for presenting resolutions to the League membership. Resolutions must be received by the League no later than July 20, 2001. Should you have any questions or need additional information, please feel free to call Allison Payne or Jenny Anderson at Suncom 2 '8-5131 or 80 �) 342-8112. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough, Suite 300 ♦ Post Office Box 1757 ♦ Tallahassee, FL 32302-1757 Telephone (850) 222-9684 ♦ Suncom 278-5331 ♦ Fax (850) 222-3806 ♦ Internet: www.flclties.com 75th Annual Conference Florida League of Cities, Inc. August 23-25, 2001 Lake Buena Vista, Florida It is important that each member city sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: City of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 or Fax to Gail Dennard at (850) 222-3806 Procedures for Submitting Resolutions Florida League of Cities 75th Annual Conference Wyndham Palace Resort Lake Buena Vista, Florida August 23-25, 2001 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the first day of the annual conference. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolution Committee at least 15 days prior to the first day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy committees and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fail. At that time, a state Legislative Policy Statement will be adopted. Resolutions must be received by the League no later than July 20, 2001. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. Important Dates June 11, 2001 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee July 15 Appointment of Resolutions Committee Members July 20 Deadline for Submitting Resolutions to the League office July 24 Resolutions Mailed to Associations Requesting Nominees to the Resolutions Committee August 23 League Standing Committee Meetings Resolutions Committee Meeting b'oiitig Delegates Registration August 25 Immediately Following Luncheon — Pick Up Voting Delegate Credentials Followed by Annual Business Session i Meeting Type: Regular Meeting Date: 07-17-01 AGENDA Heading Resolutions Item 13 No. The contract documents will be reviewed and executed by the city manager and city attorney. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 01-20, AUTHORIZATION TO ENTER INTO A LEASE FINANCING AGREEMENT WITH LEASING 2 FOR THE PURCHASE OF A NEW LADDER FIRE TRUCK DEPT)DIVISION: FIRE DEPARTMENT/PUBLIC SAFETY Requested Action: City Council adopt Resolution No. 01-20 authorizing the city manager and city attorney to enter into a (7) year lease financing agreement with Leasing 2 for the purchase of a new ladder fire truck. Summary Explanation & Background: The amount financed is $217,862.50 for a (7) year term at 5.40% with annual payments of $37,824.16. There are no closing costs associated with this lease. The contract documents will be reviewed and executed by the city manager and city attorney. Exhibits Attached: Resolution No. 01-20; Lease Proposal City Man Vs Office Department FIRE DEPARTMENT/PUBLIC SAFETY —:ape-fit'rl�im\myd�.ments�adfffin\councd'vneetng`,ZUU I \U /-1 /-U 1 \U 1-20.doc RESOLUTION NO. 01-20 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA TO AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO ENTER INTO A LEASE FINANCING AGREEMENT WITH LEASING (2) FOR THE PURCHASE OF A PIERCE 105 QUANTUM LADDER TRUCK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral has determined that a true and very real need exists for the acquisition of the Equipment described in the Lease -Purchase Agreement presented to this meeting; and has further determined that the Equipment will be used solely for essential governmental functions and not for private business use; and WHEREAS, the City of Cape Canaveral has taken the necessary steps, utilizing the Lake County, Florida bids, under applicable law to arrange for the acquisition of such equipment. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cape Canaveral, that the terms of said Lease -Purchase Agreement are in the best interest of the City of Cape Canaveral for the acquisition of such equipment, and the City of Cape Canaveral designates and confirms the following persons to execute and deliver, and to witness (or attest) respectively, Bennett Boucher, City Manager, and Kohn Bennett, City Attorney, a Lease -Purchase Agreement and any related documents necessary to the consummation of the transactions contemplated by the Lease -Purchase Agreement. SECTION 1. This Resolution shall take effect immediately upon its adoption. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY 11Cape-ntlcityclerk\CityClk\Resolutions\CCVFD Lease Agreement.doc FILE No . 845 07 12 '01 Hr1 11:S0 I D : Cr1C8500 DATE: IV: COMPANY: FAX: FROM: FI I1X:2132589333 P{-iVE 1 FAX COVER SHEET l e as in g 2 formerly commerclal & Municipal Capitol, lite. 13o4 DeSoto Ave., Suite 304, Tempa, FL 336W-3138 (813) 268.9888 FAX: (813) 266.9333 TOLL FREE: (BOO) 287.5166 VISIT US ON THE INTERNET AT http:/Mivvvv.leosing2. com July 12, 2001 Bennett Boucher City of Cape Canaveral 321-799-3170 Brad Mayers RE: Lease Proposal for 11 New Pierce 105 Quantum Total Pages: 7 - E Thank you for the opportunity to provide this lease proposal for your review. Please review the proposal with special attention to the "Vendor/Manufocturer Payment Terms section located after the "Transaction Specifics" box of page 1. If any aspects of this proposal are Incorrect, including the "Not Earlier Than" dates, please contact me at 800-287-6155. When this transaction is to be finalized, the customer (Lessee) should complete the "Request to Proceed" box on Page 3 of 3 and fax the entire proposal to Leasing 2 at (813) 258 -0333 - Since this is a time sensitive Issue, I have also Included a sample Certified Resolution (Exhibit A to our standard lease documents) to that you might proceed with arrangements for its completion. Thanks again for thinking of us. We appreciate the opportunity to be of service to you. Brad Meyers 800-287-5155 x 12 F I LE No . 845 07.f 12 '0 1 HN 11 : 51 I D : C1C::500 FH;: 81;2589 ?3 PHGE 2 PROPOSAL FOR TAX-EXEMPT LEASE FINANCINQ July 12, 2001 Presented by leasing 2 1204 DeaotO Avenue, 9uhe 304 Yampa, Florida 336Q6 Phone: 604-287-6166 Rax: 613-268-9383 " leeaing2.com" pMentsd To tAs Lesseel City of Cape Canaveral Cape Canaveral, FL Attention: Chief David Sargeant Equipment Description: Commencement Date: Equipment Cost: Lessee Down Payment: Pre -Pay Discount: Amount Financed: Lease Term: First Payment Date: Payment Frequency: (1) New Pierce 105 Quantum 07/16/01 Oction.1 $454,649 $217,863 (due upon order) $18,824 $217,863 7 Years 06101/02 1 / year Net Effective Rate: 5.40% Lease Rate: 5.40% Payment Amount: Payment Factor: Ail rates are subject to Lessee $37,824.16 0.17361 lose then $10, 000, 040 in VendorlManufacturar Payment Terms from Lessor as follows. Payment Type: 100% Prepay Amount: $217,862.50 Not Earlier Than: 07/15/01 Vendor Ten -8 Fire Equipment Robert Boggus the calendar year of the Lease. •Exnlsnauon of Facmra in Payment schedule: The 'facWr#- shown In the pricing or this proposal oan be used to oaftlate approximate payment# On amounts other than the finance amount proposed. To u", sin" multiply the appropriate NOW by the Au%W Rnanoa Amount. The product vrlll be An approximate adjusted payment. Page I FILE No . 845 07z-12 '01 H41 11:51 I D : Cr1C3500 FH;; :81325898338 PH'* GE MAM Thele prickv represents Just a few of the many options that are available. In fact, you may select any down payment, payment frequency, first payment date, and lease term (up to 16 years on new fin trucks only). Of course, such changes would change the pricing. 1 Prialp& This Is s lease proposal for the payment streams) Indiestsd above. Each of the 'transaction specifics" and vendor terms are Important to the lease prI&V, If any of these are not correct, plesse advise us to that wa can determine whether a new proposal Is required. Other Important elements of this proposal •re: a) Bata gat, a_ To protpt t the Interea "a quoted, the fully executed lease docurnoM along with all other required documentation must be returned to teasing 2 by August 6, 2001. In order for this oblieetlVe to be possible, the "Request to Proceed" at the and of lists propoui should be completed, signed and returned by July 18. 2001 . b) .Closing Costs: Than will be =up -pont costs of any kind charged by Lessor krdudIng closing costal, points, adminlAM costa, etc. Your aCorney may charge you to review the !vasa documents and complete the opinion letter required with our lease documentation. c) : This Is a lease -purchase type of financing. After all the lease payments are made, Lessee will own the equipment without further cost. d) : unless otherwbe noted, the Interest rat" in this proposal aro fixed for the entire term. 2. vendor Pawble 1 Eaarow Account Whom aimWicablel: In the event that the truck(*) andlor equipment ars not ready to be delivered, proceeds or this iaria will be Mid In a vendor payable account unul delhrerylacoeptance and payment(s) are made to the vendor(s). a) The fund* wilt Sam Interest while in this account. b) AM Interest from this account will be paid to Lessor. c) Lessor has used all or the "acted earnings from this account to lower the lessee's borrowing costs (sea page one - "Net Effective Rate'). d) There will be no disbursements from escrow earlier then the vendor terms highlighted above (Vendor Tema Payable by Lessor). 3. Bank Oua0fled / Small Issuer: Leone shell certify that It has not designated, and does not reasonably anticipate designating, more then $10,000,000.00 of obligations during the calendar year that the proposed leue Is executed. a. Qnsdll Aporovel and Documentstle : This Is a proposal only, and do" not represent a commitment to ease. This financing is subject to credit review and approval and execution of mutually acoeptabie documentation, Including the opinion of lessee's counsel opining that the agreement Is legal, valid and binding, and qualified sa a tax exempt obxgation under the tax reform act of 1086 as amended. This transaction will be designated as tax exempt debt under section 206(b) (3) of the Internet revenue code of 1986, as en»nded. 6. Lessor: The Lesaw for this lease will be Leasing 2. Inc. or tta assignees, which will also administer the lease lronsaatlon. Leasing T, Inc. By: DATE: July 12, 2001 Brad Meyers MEMBER FAIR COMPETITION: Lessing2 appreciates good, healthy competition when it Is fair. This is where you, the customer, plays an 9ft Important part. Occasionally customers ask other financial AtsGQIAT" or companies to give pricing on lease transactions such as this one. GOVa11NtM MAL With this In mind, we respectfully request in the spirit of fair competition, that you treat our proposals as confidential. This VISIT OUR WEBSITE, assures that all competitors compete on a level playing field. Thank LEASfNQ2.COM you in advance for your consideration. Pate 2 FILE No . 845 07-12 '01 HM 11 51 I D C�1C3500 FH;(:8132589333 PHGE 4 REQUEST TO PROCEED: When you cera ready to proceed and would like to move towards finalizing this lease, Paas* acknowledge that you have reviewed this entire proposal and understand its contents by completing this section of the proposal and foxing it to Leasing 2. We will immediately fax you 'next step' Instrualohe. In order to cover Lessor's costa incurred as o result of receiving this "Request To Proceed' from Lessee, Leasee agrees to pay Lessor $500.00 in the o"M Leasee refueas to finalize this transaction once IM lease agreement to be executed by Lessee has been recehood by Lessee. we appreciate your confidence and c onsidaretion. Proposal date: July 12, 2001 Upcoming Governing Body meeting date for lease spproval: Citv of Cape Canaveral Name of Lessee Authorised Signature Printed Name Of Authorized Signature Contact Noma (If Different Than Authorised Signature) Contact F -Moll Address Option Chosen: (where applicable) Date Title Contact Phone Contact Fu Please complete the above information and fax all pages of the proposal to 813-258-9333. Tax-exempt Interest rates are very reasonable now so It's probably a good Idea to consider any fire station financing needs you may have. Leasing 2 can finance the construction of a new. station or an add-on or renovation project. Also, we can probably save you money by refinancing an existing station loan with today's lower Interest rates. Call us at 808-287-6166 for a quote. Page 3 FILE No . 845 07:-' 12 '01 HM 11:52 I D : CrlC3500 I E as in E 2 FH;; : 8132589333 PHGE 5 THIS LEASE WILL BE EASY TO FINALIZE Because we have many years of experience financing hundreds of fire trucks, Leasing 2 knows how to simplify the process of finalizing a fire truck lease transaction. The usual steps In finalizing a Leasing 2 "Tax -Exempt Easy Lease" are: 1. Once we receive notification from you that we have been awarded the lease transaction, we will immediately fax you the following simple Instructions: a. Financial §tatemonts We will ask you to mail to us the financial statements for your last three fiscal years plus your current years budget If your financial statements are not audited, we will also ask for your checking account statements for only the last month of the last three fiscal years. b. General Information We will ask you to provide some general Information such as the name and phone numbers of your primary contact person and attorney, mailing address, and a general profile of your organization. 2. Once we receive your financial information, we will Immediately overnight the Lease Agreement to you to be signed by your authorized officers. While that Is happening, we will be proceeding with your credit approval, which might generate a few more questions that can be handled by a phone call. Historically, the credit approval has been more of a formality, but It is a condition of completing your lease arrangements that must be addressed. THAT'S ITI THAT'S HOW EASY A LEASING 2 "TAX-EXEMPT EASY LEASE" ISI Page 4 FILE No . 845 07(:-12 '01 H41 11:52 I D : CMC :500 FHi I : 81825893 3 3 PHGE leasing 2 About Leasing 2 Governments Background and Experience Leasing' Governments has originated 100 million dollars in leases over the past four years alone. The founder of Leasing 2, Brad Meyers worked with two of the largest banks in the United States for eight years. in 1995, he formed Commercial & Municipal Capital with two partners after their then current employer was purchased in the consolidations that affected the bank industry in the 1990's. The company changed its name effective January 1, 2000, to reflect its increasing dedication and focus to niche markets within the government leasing marketplace. We have references available from existing customers across the United States, but our Tampa location has led to a majority of leasing relationships within the state of Florida. Government Focus Leasing to (2) Governments - that's all we do! As you might have experienced, government leasing is different than leasing to commercial businesses. Fiscal funding, non -appropriation, Federal income tax - exemptions, bank -qualified, escrow accounts, sovereign immunity, de minimus, arbitrage; these are all terms that must be understood to work with local governments and their equipment/project leasing requirements. Commercial leasing organizations that dabble in government leasing can make life difficult for their clients and their vendors. Leasing 2 has been working with governments since 1989. Due to the success we have enjoyed helping governments, we have recently decided to make it our only area of business. Meeting Type: Regular Meeting Date: 07-17-01 AGENDA REPORT AGENDA Heading Resolutions Item 14 No. millage rate set at 2.0004 mills will cause an increase of 6.70% over the roll -back rate of 1.8748 mills. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2001-21, ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR 2001/02 FISCAL YEAR DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider adoption of Resolution No. 2001-21 setting a tentative proposed millage rate 2.0004 mills for the 2001-02 fiscal year. Summary Explanation & Background: Last year's millage rate was 2.0004 mills and the roll -back rate for this upcoming year is 1.8748 mills the Mo back rate would generate the same tax dollars as this current near rate of 2.0004 mills Therefore, leaving the millage rate set at 2.0004 mills will cause an increase of 6.70% over the roll -back rate of 1.8748 mills. Police Millage Rate — 1.0000 mills Fire Millage Rate - .5000 mills Beautification Rate - .4504 mills Library Rate - .0500 mills Total Tentative Proposed — 2.0004 mills Staff recommends approval Exhibits Attached: Resolution No. 2001-21; DR -420 tax forms City Man Vs Office Department ADMINISTRATION/FINANCE ca im\rnydocu nts rt uncil\neetingA2001\07`+7-01\2001-2l.doc RESOLUTION NO. 2001-21 A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2001/2002 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the electors approved in the 1985 referendum election the construction, maintenance and operation of a library by ad valorem taxes; and WHEREAS, the electors approved in the 1986 referendum election the imposition of ad valorem taxes for beautification projects; and WHEREAS, the electors approved in the 1990 and 1994 referendum elections the imposition of ad valorem taxes for Fire/Rescue Services; and WHEREAS, the electors approved in the 1990 and 1994 referendum elections the imposition of ad valorem taxes for Police Protection; and WHEREAS, the City wishes to impose said ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 2.0004 mills on the dollar of taxable value for the 2001/2002 fiscal year for the City of Cape Canaveral, Florida. This millage is a 6.70% increase from the rolled back rate of 1.8748. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of .4504 mill for the Beautification Dependent City of Cape Canaveral, Florida Resolution No. 2001-20 Page 2 Special District, as approved in the 1986 referendum election. This tentative proposed ad valorem tax shall be levied upon the 2001 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2001 and ending September 30, 2002. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of .0500 mill for the Library Dependent Special District, as approved in the 1985 referendum election. This tentative proposed ad valorem tax shall be levied upon the 2001 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2001 and ending September 30, 2002. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of .5000 mill for Fire/Rescue Service General Operating Millage, as approved in the 1990 and 1994 referendum elections. This tentative proposed ad valorem tax shall be levied upon the 2001 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2001 and ending September 30, 2002. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 1.0000 mill for Police Protection General Operating Millage, as approved in the 1990 and 1994 referendum elections. This tentative proposed ad valorem tax shall be levied upon the 2001 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2001 and ending September 30, 2002. Section 6, This Resolution shall become effective immediately upon its adoption. ' cape -n( common documentslfin anee department budget oesoI utions`.res 2001-11- tent at ive proposed millage -doc City of Cape Canaveral, Florida Resolution No. 2001-20 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 17th day of July, 2001. ATTEST: Susan Stills, City Clerk Approved as to Form: Kohn Bennett, City Attorney Rocky Randels, Mayor Name Yes No Burt Bruns Richard Treverton Buzz Petsos Larry Webber Rocky Randels cape-nt',common documents finance depanment,budgei resolutions,.res _'001 -_1 -tentative proposed millage doc SECTION I 2001 BREVARD CERTIFICATY6WTdPNrX'k��TWVXFLier Year County To (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) CITY OF CAPE CANAVERAL (Name OT I axing Authority) $ 420,501 750 $_2 9 , 5 18 , 9 7 1 $ 0 $ 450.0201{721 (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative $ 18,706,508 Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) (6) Current Year Adjusted Taxable Value (4) - (5) $ (7) Prior Year Final Gross Taxable Value $ (From Prior Year Applicable Form DR -403 Series) I do hereby certify the values shown herein to be correct to the best of my knowledge and belief. Witness my hand TITUSVILLE , Florida, this the 29TH day of JUNE e 431,314,213 404,218,846 20-0-L. at DR420 R.01 !95 TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TI#IM certification Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-. —0— SECTION II & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR -420) (8) Prior Year Operating Millage Levy $ 2.0004 per $1,000 (9) Prior Year Ad Valorem Proceeds (7) x (8) $ 808,599 (18) (10) Current Year Rolled -Back Rate (9) + (6) $ 1.8748 per $1,000 (11) Current Year Proposed Operating Millage Rate $ 2.0004 per $1,000 (12) Check TYPE of Taxing Authority: =County =Dependent District Municipal Service Ta:ing Unit Enter Total of all non -voted Ad Valorem Taxes proposed to be levied by the Principal =Municipality =Independent Special O Multi -County a Water Management District District (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. Current Year Proposed Aggregate Millage Rate: (20) + (4) (14) Current Year Millage Levy for VOTED DEET SERVICE $ —0— per $1,000 (15) Current Year Millage levy for OTHER VOTED MILLAGE $ —0— per $1,000 DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22) [(Line 21 + Line 18) - 1.00] x 100 --� (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ —0— & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR -420) (17) Total Prior Year Proceeds: (9) + (16) $ 808,599 (18) The Current Year Aggregate Rolled -back Rate: (17) + (6) $ 1.8748 per $1,000 (19) Current Year Aggregate Rolled -back Taxes: (4) x (18) $ 843,699 (20) Enter Total of all non -voted Ad Valorem Taxes proposed to be levied by the Principal $ 900,221 Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) + (4) $ 2.0004 per $1,000 (22) Current Year Proposed Rate as a PERCENT CHANGE of Rolled -back Rate: 6.70 % [(Line 21 + Line 18) - 1.00] x 100 Date, Time and Place of the first Public Budget Hearing: 4, 2001 5:30 pm _SEPTEMBER CITY HALL ANNEX 111 POLK AVENUE CAPE CANAVERAL FLORIDA I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief, FURTHER, I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official signature at CAPE CANAVERAL Florida, this the 18th day of JULY 2001 CITY MANAGER 105 POLK AVENUE CAPE CANAVERAL FL Signature an i e o ie we minis ra icerAdcTress of PhysicalLocation P.O. BOX 326 ANDREA BOWERS, CITY TREASURER ai ing ress Name of Gontac erson __CAPEa CANAVERAL. FL 32920 3t2e1-868-1234 321-799-3170 C; ityP SEE INSTRUCTIONS ON REVERSE SIDE SECTION I CERTIFICATION OF TAXABLE VALUE Year County To (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) (Name or I axing Authority) $ '�iS J $ (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative $ Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) (6) Current Year Adjusted Taxable Value (4) - (5) $ (7) Prior Year Final Gross Taxable Value $ (From Prior Year Applicable Form DR -403 Series) I do hereby certify the values shown herein to be correct to the best of my knowledge and belief. Witness my hand and T I t. � ' V '( L L Florida, this the r) day of ,1 ° 3 �" .,} -a .i . 149 13 signature at DR -420 R.01/95 TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-. SECTION II (8) Prior Year Operating Millage Levy $ .4504 per $1,000 (9) Prior Year Ad Valorem Proceeds (7) x (8) $_ 182,060 (10) Current Year Rolled -Back Rate (9) + (6) $ .4221 per $1,000 (11) Current Year Proposed Operating Millage Rate $ .4504 per $1,D00 (12) Check TYPE of Taxing Authority: County = Dependent District El Municipal Service Taxing Unit Municipality =Independent Special Multi -County a Water Management District District (13) (14) (15) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. Current Year Millage Levy for VOTED D RT SFRVI $ Current Year Millage levy for OTHER VOTED MI A E $ per $1,000 per $1,000 ,DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22) (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR -420) (17) Total Prior Year Proceeds: (9) + (16) $ (18) The Current Year Aggregate Rolled -back Rate: (17) + (6) $ per $1,000 (19) Current Year Aggregate Rolled -back Taxes: (4) x (18) $ (20) Enter Total of all non -voted Ad Valorem Taxes proposed to be levied by the Principal $ Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) + (4) $ per $1,000 (22) Current Year Proposed Rate as a PERCENT CHANGE of Rolled -back Rate: % [(Line 21 + Line 18) - 1.00] x 100 Date, Time and Place of the first Public Budget Hearing: SEPTEMBER 4, 2001 5:30 pm CITY HALL ANNEX 111 POLK AVENUE CAPE CANAVERAL FLORIDA I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief, FURTHER, I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official signature at CAPE CANAVERAL Florida, this the 18th day of JULY 12001 CITY ''TANAGER 105 POLK AVENUE CAPE CANAVERAL FL igna ure an i e of Chierminis ra iveicer Address of Physlca oca ion P.O. BOX 326 ANDREA BOWERS, CITY TREASURER al ing ress Name or Contacterson CAPE CANAVERAL, FL 32920 321-868-1234 321-799-3170 state Zip one Fax SEE INSTRUCTIONS ON REVERSE SIDE SECTION I :Y,_ yA -,r> CERTIFICATION OF TAXABLE VALUE Year County To (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) L 1 I t ( , Cx I.. Y^ F;AL L.1 r1Y (Name of I axing Authority) $ _ c DR -420 R.01/95 (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative $ Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) (6) Current Year Adjusted Taxable Value (4) - (5) $ (7) Prior Year Final Gross Taxable Value $ (From Prior Year Applicable Form DR -403 Series) I do hereby certify the values shown herein to be correct to the best of my knowledge and belief. Witness my hand and rT 3' S v° I 1 L'_: Florida, this the day of c,. -k1, 3? 4, 1 4 tt" 1' 1 -`4 • ri 1+'5 TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-. SECTION II (8) Prior Year Operating Millage Levy $ .0500 per $1,000 (9) Prior Year Ad Valorem Proceeds (7) x (8) $ 20,211 (10) Current Year Rolled -Back Rate (9) + (6) $ .0469 per $1,000 (11) Current Year Proposed Operating Millage Rate $ .0500 per $1,000 (12) Check TYPE of Taxing Authority: County = Dependent District El Municipal Service Taxing Unit Municipality =Independent Special Multi -County Water Management District District (13) (14) (15) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. Current Year Millage Levy for VOTED DEBT SERVICE $ Current Year Millage levy for OTHER VOTED Mil I AGE $ per $1,000 per $1,000 DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22) (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR -420) (17) Total Prior Year Proceeds: (9) + (16) $ (18) The Current Year Aggregate Rolled -back Rate: (17) + (6) $ per $1,000 (19) Current Year Aggregate Rolled -back Taxes: (4) x (18) $ (20) Enter Total of all non -voted Ad Valorem Taxes proposed to be levied by the Principal $ Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) + (4) $ per $1,000 (22) Current Year Proposed Rate as a PERCENT CHANGE of Rolled -back Rate: % [(Line 21 + Line 18) - 1.00] x 100 Date, Time and Place of the first Public Budget Hearing: _SEPTEMBER 4, 2001 5:30 pm CITY HALL ANNEX 111 POLK AVENUE CAPE CANAVERAL FLORIDA I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief, FURTHER, I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official signature at CAPE CANAVERAL , Florida, this the 18th day of JULY 12001 CITY MANAGER 105 POLK AVENUE CAPE CANAVERAL FL signature and I itle of Chiefminis ra ive Officer Address of Physica oca ion P.O. BOX 326 ANDREA BOWERS, CITY TREASURER ai Ing ress Name ot Uontacterson CAPE CANAVERAL FL 32920 321-868-1234 321-799-3170 City State zip Phone # Fax SEE INSTRUCTIONS ON REVERSE SIDE SECTION I CERTIFICATION OF TAXABLE VALUE Year County To (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) i.II`7 t'1'°,�?= C4+'4=ti lirRtL (Name or i axing Authority) (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative $ 1 7 "- i 3 Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) (6) Current Year Adjusted Taxable Value (4) - (5) $ ,f- (7) Prior Year Final Gross Taxable Value $ {F J4,1 ? s' y ,31� (From Prior Year Applicable Form DR -403 Series) I do hereby certify the values shown herein to be correct to the best of my knowledge and belief. Witness my hand and official signature at y T T ! L L Florida, this the i` da of : ii= a DR -420 R.01/95 TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter NIA or -0-. SECTION II (8) Prior Year Operating Millage Levy $ .5000 per $1.000 (9) Prior Year Ad Valorem Proceeds (7) x (8) $ 202 ,109 (10) Current Year Rolled -Back Rate (9) + (6) $ .4686 per $1,000 (11) Current Year Proposed Operating Millage Rate $ .5000 per $1,000 (12) Check TYPE of Taxing Authority: County =Dependent District Municipal Service Taxing Unit Municipality = Independent Special Multi -County Water Management District District (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (14) Current Year Millage Levy for VOTED DEBT SERVICE $ per $1,000 (15) Current Year Millage levy for OTHER VOTED MI n , $ per $1,000 DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22) (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR -420) (17) Total Prior Year Proceeds: (9) + (16) $ (18) The Current Year Aggregate Rolled -back Rate: (17) + (6) $ per $1,000 (19) Current Year Aggregate Rolled -back Taxes: (4) x (18) $ (20) Enter Total of all non -voted Ad Valorem Taxes proposed to be levied by the Principal $ Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) + (4) $ per '$1 000 (22) Current Year Proposed Rate as a PERCENT CHANGE of Rolled -back Rate: % [(Line 21 + Line 18) - 1.00] x 100 Date, Time and Place of the first Public Budget Hearing: SEPTEMBER 4, 2001 5:30 pm CITY HALL ANNEX ill POLK AVENUE CAPE CANAVERAL FLORIDA I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief, FURTHER, I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official signature at CAPE CANAVERAL Florida, this the 18th day of JULY 12001 CITY NT.ANAGER 105 POLK AVE. CAPE CANAVERAL FLORIDA Signature an Title o ie minis ra ive icerAddress of Physicaloca ion P.O. BOX 326 ANDREA BOWERS, CITY TREASURER -re ss ai ri NJ Name or L;ontact Person CAPE CANAVERAL, FL 32920 321-868-1234 321-799-3170 uity State Zip Fax SEE INSTRUCTIONS ON REVERSE SIDE SECTION I F L ,A: - CERTIFICATION OF TAXABLE VALUE Year County To (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) C T" CAPE CANr'�V'.=RAL IF 11_1Cl;_ tName OT I axing Autnonty) $ ?9 71 $ DR -420 R.01/95 (5) Current Yeat Net New Taxable Value (New Construction + Additions + Rehabilitative $ Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) (6) Current Year Adjusted Taxable Value (4) - (5) $ �� 1 s = [-'f 9::1.3 (7) Prior Year Final Gross Taxable Value $ 4`4 V=�s (From Prior Year Applicable Form DR -403 Series) I do hereby certify the values shown herein to be correct to the best of my knowledge and belief. Witness my hand and offi 'al si nat re at I L L.__ Florida, this the day of Signature Of rope pp TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRW certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-. SECTION II (8) Prior Year Operating Millage Levy $ 1.0000 per $1,000 (9) Prior Year Ad Valorem Proceeds (7) x (8) $ 404,219 (10) Current Year Rolled -Back Rate (9) + (6) $ .9372 per $1,000 (11) Current Year Proposed Operating Millage Rate $ 1.0000 per $1,000 (12) Check TYPE of Taxing Authority: County = Dependent District E] Municipal Service Taxing Unit Municipality = Independent Special Multi -County a Water Management District District (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (14) Current Year Millage Levy for VOTED DEBT SERVICE $ per $1,000 (15) Current Year Millage levy for OTHER VOTED MILL A $ per $1,000 DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22) (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR -420) (17) Total Prior Year Proceeds: (9) + (16) $ (18) The Current Year Aggregate Rolled -back Rate: (17) + (6) $ per $1,000 (19) Current Year Aggregate Rolled -back Taxes: (4) x (18) $ (20) Enter Total of all non -voted Ad Valorem Taxes proposed to be levied by the Principal $ Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) + (4) $ per $1,000 (22) Current Year Proposed Rate as a PERCENT CHANGE of Rolled -back Rate: % [(Line 21 + Line 18) - 1.001 x 100 Date, Time and Place of the first Public Budget Hearing: SEPTEMBER 4, 2001 5:30 Pm CITY HALL ANNEX 111 POLK AVENUE CAPE CANAVERAL, FLORIDA I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief, FURTHER, I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official signature at CAPE CANAVERAL , Florida, this the 18th day of JULY 2001 CITY MANAGER 105 POLK AVENUE CAPE CANAVERAL FLORIDA Igna ure an ee o le minis ra Ive icer Address o Physicaldca Ion P.O. BPX 326, ANDREA BOWERS, CITE' TREASURER al mg ress ame o on ac erson CAPE CANAVERAL, FL 32920 321-868-1234 321-799-3170 City a eip oneV- Fax SEE INSTRUCTIONS ON REVERSE SIDE Meeting Type Regular: Meeting Date: 07-17-01 AGENDA REPORT AGENDA Heading Resolutions Item 15 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 01-22, REAPPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council reappoint Mr. Norman Boucher, Mr. Randall Byrd and Mr. Thomas Quinn as regular members of the Construction Board of Adjustment & Appeals. Summary Explanation & Background: Their terms will expire on2-15-03. I recommend approval. Exhibits Attached: Resolution No. 0 1 -22 City Ma - s Office Department LEGISLATIVE C - �myd currents\ council\meeting\2001\07-17-01\01-22.doc RESOLUTION NO. 01-22 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance adopted the Standard Building Code; and WHEREAS, Section III of said Code establishes a Board to be called the "Construction Board of Adjustment and Appeals" and sets forth the qualifications for appointment, term of office and procedure; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral, Florida, to reappoint regular members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Norman Boucher is hereby reappointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December 15, 2003. SECTION 2. Randall Byrd is hereby reappointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December 15, 2003. SECTION 3. Thomas Quinn is hereby reappointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December 15, 2003. City of Cape Canaveral, Florida Resolution No. 01-22 Page 2 SECTION 4. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of July, 2001. ATTEST: Rocky Randels, MAYOR Burt Bruns Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY FOR AGAINST \\Cape-nt\cityclerk\CityClk\Resolutions\BOARDS\Reappointments\Construction Board 01-22.doc Meeting Type: Regular Meeting Date: 07-17-01 AGENDA Heading Discussion [tem 16 No. • Where to allow mobile vending — city streets, beaches and parks, AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: MOBILE VENDING DEPT)DIVISION: LEGISLATIVE Requested Action: City Council asked for this discussion item in response to Mr. Daniel Christian wanting to conduct mobile vending within the city, which is currently prohibited. Summary Explanation & Background: The City of Cape Canaveral, along with Cocoa Beach and Cocoa, prohibits mobile vending. Some issues to consider are: • Where to allow mobile vending — city streets, beaches and parks, • Would have to amend noise ordinance, • Mobile vending could include all food types & retail products, • Mobile vending could be vehicles, pushcarts, backpacks, etc., • Need to establish licensing requirements. There may be other issues to consider in drafting an ordinance to allow mobile vending. Please advise if you want staff to start drafting an ordinance. Exhibits Attached: Mr. Christian's letter City Ma er�Office Department LEGISLATIVE ca t kir<m-ydoc nts\ad ' o &il\meeting\2001\07-17-01\mobilevending.doc JUN -05-2001 04:51 RM SHIRLEYrPORTERiICECREAM 3216329087 P_02 JUNE 5, 2001 TO: CITY OF CAPE CANAVERAL FROM: SHIRLEY PORTER ICE CREAM RE: PERMIT FOR ICE CREAM VENDOR ESTEEMED MEMBERS OF THE CITY COUNCIL, RECENTLY'I FOUND OUT THAT CAPE CANAVERAL DOES NOT ALLOW ICE CREAM TRUCKS. SPEAKING WITH MAYOR RANDELS, AS WELL AS CITY MANAGER BENNETT BOUCHER IN WHICH THEY VOICED SOME CONCERNS, I HAVE COME TO THE CONCLUSION THAT I CAN LAY THESE TO REST. THESE ARE SOME OF THE REASONS THAT MIGHT HELP, 1. WEHAVE BEEN IN BUSINESS SINCE 1992 AND ARE FAMILY OWNED AND OPERATED. 2. WE PROVIDE AT LEAST FOUR JOBS FOR DRIVERS. 3. WE BRING IN BUSINESS FOR THE COMMUNITY. 4. OUR TAX DOLLARS HELP THE LOCAL ECONOMY. 5. WE HAVE NEVER HAD AN ACCIDENT INVOLVING A CHILD. S. THE PRODUCTS WE SELL CANNOT BE PURCHASED IN LOCAL STORES. 7. WE STARTED OPERATING IN YOUR CITY AT THE REQUEST OF RESIDENTS. S.WE ARE INTRESTED ONLY IN RESIDENTIAL AREAS. 9. THIS SERVICE PROMOTES FAMILY TOGETHERNESS.r 10. IT POSES NO NEGATIVE IMPACT ON THE COMMUNItY. IN SHORT, I HAVE SPOKEN TO MANY RESIDENTS AND THINK THAT YOU WOULD HAVE OVERWHELMING SUPPORT FOR THIS ORDINANCE CHANGE. THANK YOU FOR YOUR CONSIDERATION DANIEL K. CHRISTIAN REPRjSElTjj FOR SHIRLEY PORTER Meeting Type: Regular Meeting Date: 07-17-01 AGENDA Heading Discussion [tem 17 No. City M 's Office % AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: RECOGNITION OF MR. WILLIAM BENNIX DEPT./DIVISION: LEGISLATIVE Requested Action: The mayor has requested that city council consider naming a street or park in recognition of Mr. William Bennix. Summary Explanation & Background: See attached memo. Exhibits Attached: Mayor's memo City M 's Office % Department LEGISLATIVE ca \mydo ume m\council\meeting\2001\07-17-01\bennix.doc CITY OF CAPE CANAVERAL COUNCILMEMBER/CITY MANAGER REOUEST/COMPLAINT FORM(/, REQUEST/C DATE RECEIVED: CI _ RECEIVED FROM:con REQUEST / '�to (Z— c �� lo—�l c3 cC'QL ov C' t�� C, -,-,A AV c--4L74�- REFERRED TO: DATE: r;�" BYL-4:1 City DEEPARTMENTAL ACTION TAKEN: ■■mamomONE ononson aMEa onNoun Noun mmommomamMEa■:Gunnar !Sam MEN mammal CITY MANAGER'S COMMENTS: RETURNED TO REOUESTOR/COMPLAINANT ON: BY: Bennett C. Boucher, City Manager Meeting Type: Regular Meeting Date: 07-17-01 AGENDA Heading Discussion Item 18 No. The Villages of Seaport Master Association has submitted the attached correspondence requesting the city not AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: RIDGEWOOD AVENUE ROAD RESERVATION DEPT./DIVISION: LEGISLATIVE Requested Action: City Council discuss the Ridgewood Avenue road reservation and direct staff to either vacate or pursue acquisition of property for a pedway. Summary Explanation & Background: The city attorney has opined that the city could vacate its road reservation or seek acquisition of this property, which would involve the eminent domain process under F. S. 166.401 and 166.411 (attached). The Villages of Seaport Master Association has submitted the attached correspondence requesting the city not utilize this road reservation area through their community. Please advise. Exhibits Attached: City Attorney's memo of 06-19-01; Villages of Seaport letter of 07-05-01; F.S. City Ma Office '�� Department LEGISLATIVE �gerys _Sapo-M\kfFnCmydocum nts ad �e til\meeting\2001\07-17-01\ridgewood.doc statutes ->View Statutes->2000->Ch0166->Section 401: Online Sunshine Page 1 of 1 SOnline I luforaentioio tdhhrist unshine Welcc�ne Session Committees llegislarots Centet ALIMMUumialotmittion View Statutes Search Statutes Constitution Laws of Florida Order Select Year: 2000 7J GO The 2000 Florida Statutes Title XII Chapter 166 View_E_ntire Chapter MUNICIPALITIES Municipalities 166.401 Right of eminent domain. -- (1) All municipalities in the state may exercise the right and power of eminent domain; that is, the right to appropriate property within the state, except state or federal property, for the uses or purposes authorized pursuant to this part. The absolute fee simple title to all property so taken and acquired shall vest in such municipal corporation unless the municipality seeks to condemn a particular right or estate in such property. (2) Each municipality is further authorized to exercise the eminent domain power granted to the Department of Transportation in s. 337.27(1) and the transportation corridor protection provisions of s. 337.273. History. --s. 1, ch. 73-129; s. 5, ch. 88-168; s. 18, ch. 90-227; s. 63, ch. 99-385. Welcome • Session • Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2001 State of Florida. Contact us. Privacy Statement http://www.leg.state.fl.us/Statutes/i.../SEC401.HTM&Title=->2000->Ch0166->Section%2040 7/13/01 statutes ->View Statutes->2000->Ch0166->Section 411: Online Sunshine Page 1 of 1 Online Welcome esia{a�iiteesLegislatorskttrCrnt�a Sunshine Center , , 110routom P View Statutes Search Statutes COnStitUtlon Laves of Florida Order Select Year: 1 2000 y Go The 2000 Florida Statutes Title XII Chapter 166 View Entire _Chapter MUNICIPALITIES Municipalities 166.411 Eminent domain; uses or purposes. --Municipalities are authorized to exercise the power of eminent domain for the following uses or purposes: (1) For the proper and efficient carrying into effect of any proposed scheme or plan of drainage, ditching, grading, filling, or other public improvement deemed necessary or expedient for the preservation of the public health, or for other good reason connected in anywise with the public welfare or the interests of the municipality and the people thereof; (2) Over railroads, traction and streetcar lines, telephone and telegraph lines, all public and private streets and highways, drainage districts, bridge districts, school districts, or any other public or private lands whatsoever necessary to enable the accomplishment of purposes listed in s. 180.06; (3) For streets, lanes, alleys, and ways; (4) For public parks, squares, and grounds; (5) For drainage, for raising or filling in land in order to promote sanitation and healthfulness, and for the taking of easements for the drainage of the land of one person over and through the land of another; (6) For reclaiming and filling when lands are low and wet, or overflowed altogether or at times, or entirely or partly; (7) For the abatement of any nuisance; (8) For the use of water pipes and for sewerage and drainage purposes; (9) For laying wires and conduits underground; and (10) For city buildings, waterworks, ponds, and other municipal purposes which shall be coextensive with the powers of the municipality exercising the right of eminent domain. History. --s. 1, ch. 73-129. Welcome • Session • Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2001 State of Florida. Contact us. Privacy Statement http://www.leg.state.fl.us/Statutes/i.../SEC411.HTM&Title=->2000->Ch0166->Section%2041 7/1 3/01 VILLAGES of SEAPORT City Pub. t" c Dir. r Building 0-f. E 'C. Finance Dir. <� -ape canav—e ai ? G / phone 1520 784-610C 784-5405 Members of the City Council City of Cape Canaveral 105 Polk Avenue Cape Canaveral FL 32920 July 5, 2001 Gentlemen: Ii to me express the concerns of Village of Seaport on Tuesday 6/19/01, It was nice of you to l regarding a proposed Bicycle/Pedestrian Path. I hope that I did not come across as adversarial, as that was not my intent. I merely want the council to know all of Villages concerns and how resis- tant the residents of Villages would be to any sort of path or walkway coming through their development. I ask as I did at the meeting for the members of council to meet with me and my fellow board members and allow us to show you our community and how a path would be a negative impact on our life style. I do not think that this request is out of line and feel if you would visit us that it would help you make the best decision for all concerned. As I stated at the June 19th City Council Meeting and also at the Zoning Board meeting on 6/13/01, I put a petition in our Association newsletter asking for support regarding our position against a Bicycle/Pedestrian path through Villages of Seaport. As of this writing I now have in hand 310 responses out of 408 owners and a total of over 775 signatures stating they are against any sort of path through our community. I will soon be placing calls to those who have not responded to request their support and ask them to either attest to that in writing or give me a proxy to allow me to sign for them. If you wish for copies of this data I will provide it to you. This response certainly attests to the fact that Villages residents are adamant in their position against a path of any sort coming through their community. Most of our residents believe this is a gated community with private access to the beach and that is why many of them purchased here. They have been told for several years now that Ridgewood Road will not be going through so they were in belief that no encroachment of their security would ever occur. If a Bicycle/Pedestrian Path should ever be put in, in lieu of the road I feel you would have a near revolt from our residents. I feel certain that you can understand this sentiment. I believe there are alternatives to a path through Villages that could satisfy all parties. We ask the City to investigate the alternatives and select one that does not involve Ridgewood Road and Villages of Seaport's security. Villages residents will remain, as they always have been, supportive and loyal to the City of Cape Canaveral and Villages merely asks that same respect from the City. Thanks again for hearing our side. Yours truly, Mel Sawyers, President Board of Directors Villages of Seaport Condominium Association, Inc. cc: Board of Directors MEMORANDUM TO BENNETT BOUCHER, CITY MANAGER FROM: KOHN BENNETT, ATTORNEY DATE: JUNE 19, 2001 RE RIDGEWOOD AVENUE EXTENSIONNILLAGES OF SEAPORT Please find enclosed a copy of the Owner's and Encumbrance Certificate for the above - referenced property which you had requested. As you will note, the apparent fee simple title owner to the Rid¢ewood Avenue Extension is Maxi -Homes Venture, a Florida joint venture between On - Site Development, Corp. and Cape Canaveral, Inc., both dissolved Florida corporations. I have enclosed, for your review, a copy of the Warranty Deeds, wherein they obtain title to the property, which you will note states that their ownership is "subject to the public interest in the lands reserved for the extension of Ridgewood Avenue as acquired by the City of Cape Canaveral in Ordinance 18- 81... Attached also for your review is a copy of the Warranty Deed for the developer to Seaport Master Association, Inc., which transfers the common area to the association. Said deed is recorded at OR Book 3000, Page 962. As you will note, the legal descriptions to some extent utilize the Ridgewood Extension as a boundary, and therefore, the common areas do not include the entire roadway. Finally, I have included that certain Special Warranty Deed recorded at OR Book 3902, Page 3016 to Downs Development, which as you will note, transfers the undeveloped units to Downs Development. The legal description contained therein does not include a legal description of the roadway, and in fact, in Exhibit B, states that the deed is subject to the rights of the City in the roadway, pursuant to the Ordinance 18-81. Certainly, the recorded deeds state that each party takes title to the properties subject to the rights of the City into the Ridgewood Extension. Additionally, fee simple title to the actual roadway may not have passed out of the hands of Maxi -Homes Venture. Certainly as you are aware, the ordinance has a sunset of October 6, 2001, and therefore, should the City want to exercise any rights it may still have in the roadway, action should be taken prior to that date. Additionally, since the ownership of the road is not clear, an action for quiet title may also be appropriate. Please advise how you wish to proceed in this matter. OWNERSHIP AND ENCUMBRANCE REPORT Case No. 0112497 This will serve to certify to AMARI & THERIAC, P.A., ("Certified Party") that Lawyers i itie Insurance Corporation, (LTIC), has caused to be made a search of the Public Records of Brevard County, Florida, ("Public Records") as contained in the office of the Clerk of the Circuit Court of said County, from May 7, 1984, through lune 13, Lool, at 5:00 o'clock P.M., as to the following described real property lying and bring in the aforesaid. County, to -wit: "roposed Ridgewood Avenue Extension as described in Ordinance No. 18-81 and recorded in Official Records Book 2337, Page 1691, of the Public Records of Brevard As of the effective date of this Repor', the cipparent record fee simple title owner(s) to the above described real property is/are: MAX! -HOMES VENTURE, a Florida joint venture between ON-SITE DEVELOPMENT CORP. and CAPE CANAVERAL, INC., both dissolved Florida corporations, by virtue of Warranty Deed recorded in O.R. Book 2507, Page 2161 and O.R. Book 2549, Page 2132. T ie following liens an,-' :ncur:,b.ances agair:st the said real property recorded in the aforesaid Public Records have been found: vv. 1'J':=� CCi.J. iiu iii V.h. ✓vVn =u�iic Records shall be defined herein as those records currently established under the Florida Statutes for the purpose of izmpartir;g constructive notice of matters �+u:ir; tC. 'Ed.' t " r-' -? :u ✓=".:aS2,"� f^' aILiE. and i ;CU't k") CIA'! C. 7nis Report shows only matters disclosed i;-, the aforesaid Public Records, and it does ir, re „ r -`� d;t , o' .'`fid. , of a documents noted �c s� g a a.:�..c th, ��ali } s::,, i_. �y any t-.erein; no. have the contents of a.,y such documents been examined for references ,_ :of-ier liens or enc�jrr:bra-f?ces. This Report is not to be construed as an opinion, rrc; rent}', guaran'ce ^f ti id., or as a title insurance policy; and its erfe:.tive date na;: be t l: :�: �u_'Ye sp�i.ifie` through VOJLi- the Pudic Records �vere searched. ...s Report is being r✓"cvic!eu for tie use a„d benefit of the Certified Party only, and r,ay ^,ct be Used o relied Lp—o', by any other party. This Report may not be used bx a �TlC agent f0- the purpose of Issuing a LTIC title insurance col-nmitrnent or Ir: accordance with Florida Statutes Section 627.7843 the liability LTIC may sustain for providing incorrect information in this Report shall be the actual loss or damage of the Certified Party named above up to a maximum amount of $1,000.00. 11'i P�LSS WIIERECP, Lawyers Title Insurance Corporation has caused this Report tc be signed and sealed by an authorized signatory employee on lune 19, 2002 all in accordance with its By-'_aws :sued at: -ANDAM,ERICA Titusville Office Authorized Signatory Employee r •.....wrc ocu VPCG�T Cptwf4eee ro.r 14 This 1<oarialay JaW mwa _A -,.4 IA. 2nd J., of May .t. D 1984 bi ;.ANAVERAL SC;UTHEAS;ERh DEVELOPMENTS. INC. l • nrp.walwn omilm" a.ndtr tie lawn of Florida and A.ri.y if, 1...rtP.l pl.ce .� ., 1924 S.Yaverly Place. Melbourne, Florriidaala(%1 :"a.XIAC!; 3..a i'i::'1'G`trir a Fi"d7runTv•nt Vencurt between ON-SITE DEVELOPMNT CORP. and CAPE CANAVERAL. INC.. both k �Iorrodtrcop�ations .zT931.5 Souch H.'ShWay AIA, Melbourne Beach, FL 32952 rltrtinortn rnn.Ir Ir.r nrrtnl.-e: �M...n.. r/ ►...� Jr u.w. ••n•v" r1 "•.•.� .' :�h4 u• w w.r• r .+ :rwr.. •n� witnesseth: T,._�,Ir.,.P ,.+...�....n�,►.r...,,.w� �_ ra._ara--�.,�-�s.w 1 olu. Gi/ .onetri 1•allow.. Irc.tptwnrr.arof b 6"k. {.y A— P --b 4,-t pwr1, &.,ROM. "0. .tiM. 1!'.aiM. IrI..Iw_ Mn1•ry ..d efnl2.ln 1,.1f 4rM11., w.l! I:tfl .wlwA 1.11/l plluM. tn , i S SEE ATTACHED EXHIBIT "A" SUtject to red! estate taxes for the year 1964 and 5UbSeQUent years. Subject to restrictions, easements and covenants of record. and all applicable zoning rules and regulations. 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Box. 2404, Melbourne, fL. 32901 4ar.tsL))POU V4Lrlt/WJSMPVJ e LEGAL DESCRIPTION: PARCEL A -2 A parcel of lane lying in Section 14, Township 24 South, Range 37 East, Brevard County, rlorida, the same being scare particularly described as follows: Commence at the Northwest corner of covernmmt Lot 1, of said S...ction 14; thtncs thr West Arte of- ment Lots 1 and 3, a distance of 1519,90 feet to a point being the intersection of the Centerline of Ridgewood Avenue astensign and the worth line of the property described in Deed nook 177, Page 118 of the Public Records of Brevard County, rloridai Said point being the Point -of -beginning of the following described par- cel of landr thence continue 5.01.32153"E., along said Centerline, a distance of 121.38 feet to the Point -of -Curvatura of a 37S.0; foo"Adiulweftcular curve concave to the Northaastt thee,—_ South- easterly, along an are of said curve and along said Centerline, thru a central angle of 78.54129', an arc distance of 516.45 feet to the Point-of-Tangencyr thenee S_80027122'E., along said Centex- line, enterline, a distance of 18.77 feet to the Point -of -Curvature of a 300.00 foot radius circular curve concave to the Southwest; thence South- easterly, along an are of said curve and along said Centerline, thru a central angle of 78'51'00', an arc distance of 137.72 feet to the Point -of -Tangency; thence 5.01"32'53"E., parallel to the aforesaid -ft Went line of Government Lots 1 and 3 and along said Centerline, a distance of 66.37 feet to an intersection with the North line of ha.zbor Heights Subdivision Third 1.dditi^c , as recorded in Plat Book 15, Page 01 of said Public Records; thence S.89005'02'N., along said North line, a distance of 1230.06 feet; thence N.01"33'22'N., A distance of 544.00 feet; thence N.a9°05'02"2-, parallel to said North line of Harbor Heights, Third Addition, a distance of 415-00 feet to an lntersectioa with the Kest lit,a of aforesaid Geed book I?7. Fage 110, thence N.O1'33'22'W., along said Nest line, a distance of 103.40 feetj thence N.68154146'E., along the a!oresaid North line of Deed Bonk 177, page lie, a distance of 421.00 feet to the Point-uf-Beginning of this description. Containina 13.66 ages, more or IeSS, and being sutject to the pub- lic interest in the lands reserved for the extension of Ridgewood Avenue, as acgn_red by ta? Clty of Gape Canaveral Ordinance Na. IS - a1, 2102 Y ..�cr r.ww rr , ■On cu rowwnow - - Beed r Y. suu 4ai'�yA�y �iw , -iti, .ist d- .,rrrrl x! r •4. October v a- i% 14 84 bs CA:iAvERAlI', SOUTHEASTERN DEVELOPMENTS INC. r 4yw . rors«Nwl eslmaiii,.a" Ike 1..., rf Florida: ti .:�! 6w+ne ih R.i^�iRoi /far• •J i 'S 4x,.wer. a 1924 S• Waverly P12ce. Melbounre; Florida 32901 krrrinaJlrr rriGri do ebx{a, la I XI -HOMES vENT11RE. a Florida Joint Venture a between 014 -SM DEVELOPMENT CORP. and CAPE cANAvERAL, iNC_. both Florida cozr-povationa I -a., p94914rr-a4,er- L 200 Ocean Avenue; Suite 201 t Melbourne, Florida 32951 - nrrrinwja•I rrijrrf 16 SDIi�iJ u�R Tl...l d.r nm.rl.r, j..r wx.l w r.w}i.ir•.liall of Ow }a.w of S wwd direr J.,r61e cowririwa/ wa. rrry rl . { r«.rf V fi'r.Ly acin.rjrlipra f.y If~ Frr,.wl. Jona 0re.•1, iaaain, #41. nl.rn r.+wi.r, rrjrasr, rml-rT wnli rawjirm I.Rla fin yw-Irr, ap 11..► .ee1•'^ j.wri rllxwk M SEE ATTACHED EXHIHI= 7Au Sutject'to real-estate taxes torethe year 1984 and subsequent yearrs, Sublect;to restrlctions, easemmients..and covenants of record, and i1r:,i applicable zoning rules and regulations. 09CWr trill. -JL M. 1►n«...•xlr. Ae.reiif..r.lh .xl .Mwie.lawe.r ii—1. 6+lewaina w 1^ am r•I-n .pyrelalalnp. To Have and b Mold, IA..w.n. F iw Ii.r W.-_ %rrr{.v rw...xenl. r.•ili.tr��M�i awuli.r 1401 it i} talrjnal> .r:=1.1 of —ol find In j. i rtwyfr; {Ld it i.rr Raab rwrll{ w^d fax'ixl wW.aew7 {e YI! anti mm,l ra:d 1" 1, ri.at it ie,Ay jai!) 0- 4 rend rllr f, lir to ea.r! I..", ■.1.! will .ir jnni A, .wwr .n.ri...r /l.r I-4-1 rW-. wl sl{ P__ Ira.awuarVn: nnrf IRrI Kiri fowd :. jrrr rj rii w..nni.wwrn xryMll Vi! Coe Sr t La M : ,vNp81c a c tt:; 'u S •- l ►1r Iu15 WIN Ty y ���. K/:;Fin 1 �---�� %„1✓'� 1 reo.ro.rresir.t In MRL, rvf 171e ewVlflraiWfilil4.t�hlnr�v`r'sr'n�ir io– / l.r r..r..ss Iw al, nary. end ifr rorpor.lr arra k i rwwla a'jirnl. �Y 11. k F—m—.fjir«.li...runb dxl>r awrl.pi:rrj. li.r rfa>sw.l rinks!alrWV WI{II..IL CANAWRAL SDUVEA`�TE 1 E DEV£LO TTP INC . .. �•...... ................. .... .. ..•-__....._. � •.-:Gt�n..i. rrnirri .n �rlri- .'r.. d..• prrrnrr .j: y.lra l/ JDs - 7E hF FLORIDA � 71 rlTl' OF EREVAY.A b 1 /IC}CO': CF aT .fY J.1 .. J �l MT•., w .. J _ _. __-4;,w. -3.-_ JOSEPH Fu+SCO jF ..,- 1. .- ... rw .. ► 1.- h.rlr., yJcpi lnrr.:..l• .) M. .rt+Ill. ir.d Y }rw.xr e �. .A. �... . ,L.a a.1 A.• rl......nd1. wlw�.Y. r.wwx.w .� ..Iw. i. � rr..rrr a 1.-..v.w.n. ..w... I.••Il �1a ••1••'•'1. Luw ...b•rwr J.Ir .r.r/ :. Il.c 1. W r.rtt wr .r.l rf•w rr .wr .11.... a..r+ n dr ..r w... •.. •4 J .:d ... _ 'TITA: wr n•d F, rw,/bl•• GARY BRINSON, 7CO'11 Notary Public, stn e'o Llpzid RETURN 10: Ai4i'111t JAp'ES L. RF117MA1q f) (l f ti :.1�+qt ' �'-Mi: ST:-[ OF TIOUDA P. O. Dra-er 639 c wtssiorl twits un 3 ma Melbourne. FL 329x1 hDic t•1L G1ntw Inwk1a 1F D I d EXHIBIT A Commence at the Northwest corner of Government Lot 1 of said Section 14; thence S.01'32'S3" E., along the West line of Government Lots 1 and 3, a.diAtar.ce of 1519.90 feet to a point being the intersection of the Centerline of Ridgewood Avenue Extension and the (forth line of the property described in Deed Book 177, Paga 118 of the Public Records of Brevard County, Florida; said point being the Point-of- eeginning of the following described parcel of land; thence continue s.01°32'53"E., along said Centerlines a distance of 121.38 feet to the Point -of -Curvature of a 375.00 foot radius circular curve con- cave to the Northeast; thence southeastarly, aloog an arc of said curve and along said Centerline, thru a central angle of 7845412911, an arc distance of 516.45 feet to the Point -of -Tangency; thence s80'27'22"E., along said Centerline, a distance of 18.77 feet to the Point -of -Curvature of a 100.00 foot radius circular eurva concave to the Southw'at; thence Southeasterly along an arc of said eurva and along said Centerline, thru a central angle of 78'54'00" arc distance of 137.72 feet to the Point -of -Tangency; thence S01132"53 ' East, parallel to the aforsaid West line of Government Lots 1 and 3 s;,S �ng.said Cenrerline, a distance o_` 66.37 feet to an intersection wieh Lne North line of Harbor Heights Subdivision, 'third Addition, as tee-orded In Plat Book 15, Page 61 of said Public Records; thence r ti.89°05'0'"E., along said Noth line, a distance of 55.00 feet to the Northeast corner of said Plat, said point lying on the Easterly Right of Way line vi Ridgewood Avenue; thenceX01°32'53" W., along the ti.:toerly extension of said Easterly Right -of -Way line, a distance of 19.74 feet; thence N88'S9'46"E , a distance of 772 feet, more or less to the mean Nigh Wacet Line of the Atlantic Ocean; thence tlortheall t- erly, along said *lean High Water Line, a distance of 670 feet, more of lees, tc en - tErsection with the aforesaid North line of the property described in Deed Book 177, Page 118; thence s88°59'46" W., along _ale- fiC _'t:'1 linC, 3 distaG;;e 4: 1424 :ee;, x.,cc of less, tG the ;.,r.n.ing acres, rare e: ess, and being suD3ect to ",it public Vr,-erp:st in c},e !ands reserved for the extension of Ridgewood Avenue, rcquised by the City of Cape Canaveral Ordinance No. 18-81, and being suL)et.t to any easements and/or Rights-of-Wdy of reco=a. � UACZ"GN1t'� �. 16-11 � �.• ;, r��, AN OFA EPVM== M RIIGEMOD AVENUE IOCSIRVA71M: EYWILISIM ME MCM or TA rM I7w ICAD MSM&MOKS: PFMXD= 74Y Iii EC- C �► 45P DAM N d. wtiUFiS, the City t7orricil of the City of Cape t^srtevsal, Plaids wishes ry ry} to eramm the orderly gbh and development of thein city, and witmem, the city cx+t>reil of the City of wpe cwwweal visl+eis iD ermm 6&,T at.e aoces: to all parts of the city for grtvth and anesyeny vehicles, and WOWN5, gasuant to the Mp St:roets ACt and QlaptMr 501 of thf City ^ade J of the City of :apt Canavera:, the PIA- im arta ZW%Lr3 Board h" araftCd, held ti r,'—' z f. irr3� Concerr�ur and air 'the Plat estahlisturq the Fid �+ooci �1 Avenue Emmian and the East-wst Coodwetor, i 0 NOR, 'nniorae, m IT BY the city clouncil of the city of rape Q V c aravezal, as follows. g Id Q MrrI 7N 1. The Plat, prepared and approved by the P2amAM and Toning Board. ;s 8 ti and attad hczeta ds+id trade d I-rt hes'Aof by ref— 1S hes•rby adopt,ad SELTMN 2. Mis rw--. v tjan of m*pad Streets Shall be effective for a period i Mi 1 eienty (20) ymm frau the date hereof. s O SFI• S 3. Rhc city Clerk is hereby authorized t4 effectuate the retarding tib f hof the Flat in the public records of Brevard Oo—ty. _ Z s£C'imv 4- All pmt Dm of the Axle of the City of Cap!, Canaveral in axkmct V � - a 57�.=�•. ;. -aas truest.-* rna.11 be=rc e.`.fec"ve iro diase3.y Lpon its adoption. v, Av �. try th-- �!',' r tTL:I Cl! the r•1ty of rape c11S wash . vicrida, thin � (l� i461 CD uovo c uwtwr X _ Ice XX- m t T L�:i.iTi• Jt i4'��C-+� Milr�c�ro iI C._".Y QFM W 9--15-91 N Appn7md as to Form. ���• �' j�rr,9 1 81 �r�3K le j�9Y Il Y P, TRUt 9ADOPT wo GOR cLLL^F r tP--AGE! rtiE C�SY�,OF• t cry;.BFC: 3 .'3 Z THIS SPECIAL WARRANT*',. rEG,J 'Rend cxecutadltha day cf 1989, by NEL D. MMM as a t,;AEee of the proparty, of CAPE GAAMAL, IKL., a dissolved Florida corporation, G. ItvINL iEL1eRl as a erus:en of the property of CAPE c.&N&vERAL, INC., a dissolved Fl corporatlon. and ON-SITE VMLDPPMWr CORPORATION, a Florida corporation (CAPE CANAVERAL, INC. and ON-SITE DZVSIAPMENr CURPUFATIO)f bsvfag Eomerly ewpri;ed all of the general Partners of ?=I-g0'!fS' VENTM. a f iorids joint venture) (hereinafter eolleerlvely called thA "Grantor"), to SEAPORT MASTER ASSOCIATION, INC., s cerporatioa existing resider the laws of the State oi. Florida, with it:, perimaneat :bast office address of 8850 N- Atlantic qtr„ut•, ^cnr, Ccrmvefa7, FSeride 33920 (hereinafter celled the "Grantee"): ti WITNESSETH- That the Grantor, tot and it, consideration of the sum of Teo Dallar� f51o.00) and other good and valuable constdaratiow, receivt of which is hereby acknowledged, by these pressers does grant, bargain, 9411, alien, Ielso , jolta—, convey and confirm unto the Graneee, all that certain land ;itvotr in Brevard County, Flortda, to wit SEE £XiiMTS "A” AlW "a" ATTA•19–D WE'LTC AND I'WE A PAX' HEREOr- This Warranty Dead is given to replace that certain L'arraoty dead from Grantor to Grantca. dated SeptsMber 1S_ 198G. and fncordod in oitietal It Book 2730, at page :SAS, of the Public accords of Brevard County, Florida, which was wide and recorded !riot to the iacorroration of Granum and which contafned an incorreet legal dezcriptiea SUBJECT TO: conditions, restrictions, reservations, limitations and easenenta of record; Zoning and other regulatory ordinances end taxes for the year 1968 and subsoquent yeses. TOuETHFR with all the tenements, hcreditemente end appvrtennnca•s thereto belonging or is anywiss appertaining. TO HAVE AND TO HOLD, the same in foe simple forever. C.. �AND the Grantor hereby covenants with sand Grantee that Gcantor is O � lawfully sej�cd of said land in for simpli, that Craniot has good right and uj O T lawful sutbority to sell and convey said land; and that Grantor will d^fond Inc seer sgelnst the lawful claim of all persons elelmins Ly, through or un- tv dor Grnn[nr v a� ;':ncrcver used herein the tom% 'Grantor" owd "Grantee" in- ciudf all chc parties to ti,is instrunont and t}ejr snttes- sors and &%signs)• IN WITNESS WHEREOF, the Grantor has caused these presents to be axc- cutad is, its nano, and ItS seal to be hereunto affixed the day and year first aooyu v: 17 - rr, n O to A Signed, sea,erl and yelivered G"NTUR. i :hc ;trYrn�e Gf Na _`;i `ln t tt &Alt LT- C Robert K. Smith, Eaq. H11LLAh'D 6 )NIGHT :<`oQ Briciell Avenue Miami, Florida 33131 VE Whk: v1 IS ? IM2 W. V i SEAL) MEL 0. MORRIS ,as crrstoe �k of the proporcjr r nFE 111■._ �vl CANAYEIIAL, 1Nt;, issoivrd �V ,_ lr�•„y N �'vt!✓t frLiJ•fll$� Florida eorpor•tio 3U, :bis inbciument pr.pared by. Robert K. Smith, Eaq. H11LLAh'D 6 )NIGHT :<`oQ Briciell Avenue Miami, Florida 33131 VE k=N (SEAL) s. IRVIRWYCm". as 4 trustee of the pr Ity GE CAPE Me., a dissolved Florida corporation ENCLAW ss! JCNXIN I HERE%y CERTIFY that as this day. before as. an officer duly authorized 0 city and 0,mUysforczjLid to take Akftmwledgments, the foregoing In - ant as acknowledged by M9L n MORRIS, as a trustee of the property of CANAVERAL, INC_ a dissolved Florida corporation. E C NA ta IIWLSS my hand end official 5w*1 in the County and Sts" last dfor'"'d, 1, 4th asy .'1MW A.D.. 1989. Nou" Ptd& 10 L=Xkft &I&d ission Lxp.rev; mh*m smvim WIV, Uta ee�AERS4 71 .1 _%' CA W, rWrT I 113== WIX i'#' OFF. REC. PAGE 3000 0963 ON-SITE PEVEIDPHEW COPPORATION.I.rT '2 Florida co tion 97, A. POWIS, Pr CANAVERAL, INC (CAPE ' mrlr comprised all of U..L mi part.rs of all -own nmm. Tjocida joint venture) ENCLAW ss! JCNXIN I HERE%y CERTIFY that as this day. before as. an officer duly authorized 0 city and 0,mUysforczjLid to take Akftmwledgments, the foregoing In - ant as acknowledged by M9L n MORRIS, as a trustee of the property of CANAVERAL, INC_ a dissolved Florida corporation. E C NA ta IIWLSS my hand end official 5w*1 in the County and Sts" last dfor'"'d, 1, 4th asy .'1MW A.D.. 1989. Nou" Ptd& 10 L=Xkft &I&d ission Lxp.rev; mh*m smvim WIV, Uta ee�AERS4 71 .1 _%' CA W, rWrT I 113== WIX i'#' OFF. REC. PAGE 3000 0963 DMAND ) a SS: LCttll�i ) I HMBY CERTIFY that on Lb" day, before so. as offiCci duly euthofizcd in the City and OMMU?aforeseid to take aeknonladgseata, tba foregoing in- strument was acknmiedged by G. IRVINE SELLAR, as a trustee of the property of CAPE CANAVERAL, INC., a dle.tol:cd F:oiida corpozatica. wiTmsS my band dad official seal is the County and State lasst..affoAraeelsaaiid, tf.t Zfi= day cf y -my S.D., :939. f t*"' h1bk Of c�ai My Coasisslon E.rpizes: AMURESMI 41 4 01 M "X 3w .� �� STATE OF FLORIDA ) �!f • + a~ ' ��; Comm or Ss: I nWY CUMFY that on this dq, bafwa tea, as afflAi dq authorised is the State and Cooaty sforasaid to take achwwl.dpaenta. the losigoing in- acrusent was adcawledged by IMWUD A. MORS. an Preaideas " of ON-SITE DEVELOPMENT CORPORATION, a Florida corporation. WIT9= ay hand and official anal in the County and State last aforesaid, thls N day of Piz. , A.D.. 1989. !�ya`aeniesloa Expires• V a61gT PUKIC 541L OF TLa41ai a' COMSSIOR ?l: JL': 1i.litl IMAD'Not, w1folk 1t7. v"'. 290110007/63505:199 OFf. REC3 02/05/39-2 J O 0 n NOT" OT UBr'C�:4�_ LIC. State of FloraNOT"a 04 ) tj . PAGE 0964 i, j G`C81 CZ :6j�C. :.ylrcS 3t. SecLaon :4, iownsnlp 24 South, Cann„ 31 F.•st, brfvard county, r.orida, being more particularly described as follows) t'ro& '.At: ttorch+test cc:,►ue ci Government Lot 1. Section 14, Town- ship 24 South. Drove" 37 cast, DroveCounty; Florida run south 10331334.saft 41CA the Waft Ilen-.of Raid aowrna\nt Lots 1 sad 3, a distance of 1519.90 fees to the iwtoresotion of the eaaterliae of Ridoevood 1►tiaw sxtensioa and the North line of property doocrUsed in Deed iwk 177. Page US, PW&Uo Records of brevard Co9aty, 71cridat thanoe south 99 .59!46" West along 9&14 w North' re- rty.Line, a dietanof 25.06"teat to the proposed Wafter Ai�ht-of�Way lice of RidOswood Aveame asctaosias►1 thence South 0 32 53• lest along said proposed a jut -et -Mar line, a 4letamm of 121.62 teat to Use foist-ot-CQzv&tuso.of a ourva to th6 lett havL" a_r&Uuf of 400.09 lest and a oaattal angle of 23 73'02•) thence fsatAesate ty aleav paid CorW as &NO distance of 164.41 fagot to the point-of-bpimmsm of the hernia deseriiod paj:Of .;t�►oaoe.Opat4nus §W4tb astarlV Rlopy said Wive thr11 \ omtr amjlo• of 55 21'27•,' m we eLotaftem of '306.47 feet to the Pout-of-Tangancyr thshoo south t0°27.22 -.Best, a distance of 16.77 loot to the paint -of -Curvatura of a curve to the Sight having a radios of 75.00*feet and a central angle of 35 33'53"i trance Southametarir alcalaaiA curve an arc distance of 46.55 'sets thguoa depart.ng said curve and proposed Right -of -Way line South 09 05'02• heft, a "ounce of 216.94 feetl thence south 00 5(j`581 &sat, &'distance of 53.33•festt thence South 59 05'02• Uest, a distance o1 143,00 testi thence IN"orth 0005415e• West, a distance of 229.90 feet? the sroa south 4905'02' »eft, a distanea of 01.30 tests thane- South 90 701100 nest, a distance of 94.65 fasts thence south 71055'11• West, a distance o1 194.40 foots thence 67th 99 OS'03' West, a dLetemas of 402.35 test► thence North E. 0416P West, & dletcnao of liti.l6 t.etr thence South 89 0$'02" -Woot, a distantrs of 109.63 feet? thence louth 59-22101" Nest, a distance of 101.74 foots tiseaoe South 9! 05'020 West. a distance of 328.92 fastj thenoe North i0°43'25" West. a distanoe of 99.22 tests thence Sedth W05'02" Wait, a distance of 109.63 feet] thence 9urth al 09155' West. a distance cf 103.16 foots thence So-th E4 05'GZ' WasL, a distasaes of 106.73 feats thence North 79025131' West, a distance of 93.44 feet] thence south 99625'03• most, a &intense of 267.92 !eats theaea north uf':c` 44, i,s,s., Z.of `tsett ?nonce North D4°31.32• *act,-* dletanLv of 124.98 feetj thence South 89°05'02' West, a distance of 195.78 feet) thence South VC ° C561 East, t. dis:sACt cf 304.56 !sots thence South 94°05'02" ►tort, a diatattao of 21.G7 `eett thence North 02019'25• west, a distance of 362.06 feet to :.he Faoterly Right- ��� of -nal 3ina of palm Avenws thaaae Sosta 069061560 gust along said x"Latl Ugut-OS-Ka Jim, a distance of 186.43 testi thence 036030 raft, a distance of 10.02 leett thence south 00 346340 Sant, a dist•nw of 99.37 testa thence larth 0!°05.03- raft, A.610"Was o! 137.11 teety the*" south 90054'Se- last, a distaaes of 04.23 te"I"themm !rth 70 39659- l+ett e fi•t•we. s! 147.63 testi thm" MostA 04 X061T Taft; a oistanee of T11.97 teed thence' 0vsth'.1S 00633' Vast, a distance of 64.22 teats.0aath•62o19-S2- Vant, a d"tatoe et 66.19 toots. thence Ma— J�02.- scat,•a'4Jstaaos of 140.04•tests tbamm Sojeth 70'111#1- last; a.dtst*MM of.144.32 tests thwwn Sonth 99-31'44' Salts.: a distionce' of AU; 44 taste.. Homos gos eA Was 04% scut.,' a diwtmxme:af.794;34 teslf,thas•:'Yeata 41 07'319 gnat, a distance Of'.102.lI ties t Mielth-WUS-•2- asst. a distance of 423.00 •tsets"Absgos.11ort* 04 73'40' rust, • dsstance st 274.45 feet RMnos IlgrtA 19,03102" gaet" a AUtaaoe of 107.47 testi thence worth 03.10`•91- Sast, a distaaoa of 24.94 feet to the 10iat-ol- OFF.r. ``R••M .:UUU �r�� �AfE ii EXS'aBZS 'B` -; A PAM= Or WO LYIM IN 99CTZON 14, TOWNSIM 24 SOUTH, RA11a8 77 t�lT, BIWA= COMM c 71.ORZDJI.1 59M IokB i'.ARMCzJ h=Y :Z..9CLUM ! `" '_'!: �? OOl34L'i� '7! Q09i.iQi>�t � i • l� • �- .�" =1 t10i0lR, tii11M= 7T' �!!, ii<gJ►s� Cq�, 40M1 iott't11 t 1 �• S�• Est ALOMti.lJR stti>3 =.iiti W iA29 FVi ams i� n. i Am 3 A Ot!!lam 0r 3i19.90'7'm." Tu OZ,ci7tb CipTifa s;t00iN0oo As0M'' -4m AM Tu MGM riffs a� .rtloaOlRr�c w, 004 vre VZOWD,A1 lltw= 11D�y q $91490 �,'mcm.m= sma7� a!i' ,LD1$. A 05I4AMM' Or i 29.09 sssr we Tse ils0 >9 4 LY �ss-�V LIM .er 1 1100x: AVS =7C:Dta�li 7MptMCi flOUsll S9* sATI, .A DtssAM�'a O'. 3u.0 fir. so rQ *otN! Os' cOA- vAIm or -A CUX9X. !O gpie ZAM isl► vj . Aln7wsas a 9��a.�ao Am pop-, A Ci>Ri�1L NNW W T4"Si•21.1 000Ti)Z=.Cwi30o.99O C01tK. Af- Ate- djeCa w.:•ios. o:-sari .av s7s va , Turas 'ip o p-, uq • 2rAll1'4 .71 Tsi9 10 gm A .CXNTL%L.Auva Or 4qcwvcf -SUX CtY ALO4O fA=0 NlsrE u ARO V1111" t� W 99.94 rxkT To loe,±G� sa4i10ti110 or 7'111 p�iG7tsup ►A�I�ii.t z11011Ct D03rJ11essNa Dhro CUsa AIiiO1�T•Os•iiAY Liu >10 of 39449• lr ioi.9i rt1icP1 1'a:�1Ci M81!!1t 0�°J2•s2. 10CbT. A DIWA� o� or r 24.00. Um= WOfZTM e0 $94440 W!, A DZSTmm OP lit ssu, Mori 04 Lis q, TO TM Mu `m >QTU Z.im or Tia ATri.AN=iC octwmon opt l i . sttsllcc L=8 TOA posur OK im scam U& or 1701 MO1ei'll 622.414 AW OP Aron- SAID IM WM :77, PA*E 1x41 IN= DE?AMNQ EAiD .WATM 801T3'II t,; i$• 3V4i$• 11m ALOMO lits LAW v= =Dto LINE. A DISTMcs Or 772 l'"?, i1Dit OIL L93Se TO A POINT ON "m gA=c -$ 1Ri00ilpwQ7QrAY. L=Ni Of � csOQ02±25? 071ST, ALOb"ZAOTLRLY AjOtR�O►.iiA! L2Ni, A DtBTAMCi or 24.74 rule .4.02•W. , A DIST&= OP 70.00 i'iiT TD lis; At'o>1C3I1ZD rAoresi<t►. 7• -RICeS-OP- WAl - LIM Or wlo= v AV'lstltls LX?Diii a ?"Wics HflmrT ., 72' 57 • WBST �- '4'W* SUP PWPOM RtONT-OP-MAY WM. A DISTANCE O' R.$S rCLT TO rZaT AM A Oi' rANrf�lCff or .M J►Po1eRAi6 CURVE MAWHO A MOM Or 125.00 Ci.tlTtAt, E Or OS s7 ANO 9L'2NC A CURM-W TWZ LEFT THL>1Ci ilOfillfiiC87ZitLY ALOteQ $AID VE CUR, AN -ARC D:STAN:[ OP 'f .2: *KET r� Tic Pv2X7-JF•�LOoHiia`lS4-s . i OFF. REC. 14451 ,; ;aoa - ,�095 7_ This Instrument Prepared By And To Be Returned To: Kenneth C. Crooks, Esquire DEAN. MEAD, SPTELVOGEL, GOLDMAN 7380 Murrell Road, Suite 100 Melbourne, Florida 32940 (407) 259-8900 tC( i c.FN:98187451 09-29.99 OW54 am OR 800$Ur*9V 3902 / 3016 Sandy Crawford & BOYD ckfk of coufts. Brevntd courtly ipgs: 9 #Nemm 2 Trust 4.50 Rec. 13.00 sefv:0.00 D*sd: 2.622.40 Ezcbr 0.00 9. G.OD tntTer..0.00 SPECIAL WARRANTY DEED THTS SPECIAL WARRANTY DEED is made effective as of the 15`t day of September, 1998, by PNL ASSET MANAGEMENT, L.P., a Delaware limited gartrcr5h�p, whose post office address is 201 Main Street, -Suite 601, Fort Worth, 'texas 76102 (hereinafter referred to as the "Grantor"), to DOWNS DEVELOrr-VZNT CORPORATION / SEAPORT, a Florida corporation, whose post office address is 777 North Highway AZA, Indialantic, Florida 32903 thereinafter referred to as the "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument, the heirs, .egal representatives and assigns of individuals, and she successors and assigns of trustees, partnerships and corporationn.) W 1 T N g S S E T H: "'hat the Grantor, for and in consideration of the sum of Ten nc??ars (510.00) and other valuable consideration, the receipt and s::`f'_Ciency of which are hereby acknowledged, hereby grants, bargains, se s, -hens, remises, releases, conveys and confirms unto the Grantee, ail of the Grantor's right, title and interest in and to that certain real property situate, lying and being in Brevard County, Florida (hereinafter referred to as the "Property"), as more particularly described on Exhibit "A" attached hereto and made a part hereof_ TOGETHER with all of the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO -qAvE AND TO HOLD the same in fee simple forever. A -1,M the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of the Property in fee simple; that the Grantor has good right and :lawful authority tc sell and convey the Property, and CrW-98187451 OR PooWPor, 3902 1 3017 hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against no others. Thie conveyance is made subject to those matters described 4-n Exhibit "B", attached hereto and made a part hereof. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed and delivered in its name, and its corporate seal to be hereunto affixed, by its corporate officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered PNL ASSET MANAGM4ENT, L.P., a Delaware in the presence of: limited partnerBhip -�if �l _ ,//, !►_ Fr�114ame- By; pNL 1JOLDINGS COMPANY, L.L.C., a Delaware limited liability company, General Partner By: c, Name: C Gilbert Title. ManaaPr — STATE OF TEXAS COUNTY OF TARRANT The foregoing instrument was acknowledged before me this day of .September, 199E, b1 John C. Gilbert as Manager of PNL HOLDINGS a Dtlaware li^'ited liability company, as General Partner of PVL ASSET MANAGE.!EN a Delaware limited partnership, on behalf of the partnership- Said person (check one) 1% is personally known to me, U produced a driver's license (issued by a state of the United States within the last five (5) years) as identification; or ❑ produced other identification, to wit: 4zoty-2 5 ZZ 14 DANA FATE CPZ I nt Name - EE" F MY COWASS M Notary Public gprp 6, 2000 My Commission Expires: :.f N.93 16 745 � EKIIBIT "A" 3902 / 3018 (Page I of 4 Pages) Unit: V89 and V90, Viiia Building 24, THE VB,LAGES OF SEAPORT, a Condominium, according to the Deauxbon of Condominium as recorded m Official Retards Hook 2596, Pages 135 ti tough 374, inclusive, Public Records of Brevard County, Florida. and all amendments thereto; together with all appurtenances thereto, including an undivided interest per unit in the common elements as set forth in the Declaration of Condominium. Units V91, V92, V93, V94, V95, V96, V97 and V98, Villa Building 24, THE VIII AGES OF SEAPORT, a Condominium, according to the Declaration of Condominium as recorded in Official Records Book 2595, Pages 135 through 374, inclusive, Public Record9 of Brevard Couaty, Florida, and all amendments thereto; together with all appurtenances thereto, including an undivided interest per unit m the eomaton elements a, set forts in the Declaration of Condominium- Units ondominiumUnits V99 and V100, Villa Building 24, THE VILLAGES OF SEAPORT, a Condominium, according to the Declaration of Condominium as recorded in Official Records Book 2598, Pages 135 through 374, inclusive, Public Records of Brevard County, Florida,'mW all amendments thereto; togetber with all apptertemances therein, including an undivided interest per unit in the common elements as set forth in the Declaration of Co>adotninitmt. Units V 101 and VI 02, Villa Building 25, THE VU.LAGES OF SEAPORT, a Condominium, according to the Declmtion of Condominium as tuosded in Official Records Hook 2598. Pages 135 through 374, incl sive. Public Records of Brevard County, Flotida,.and al amendments tberew; together with all appurtenances thereto, including an undivided interest per unit in the common elements as set forth in the Declaration of Condominium. Units V 103, V 104, V 105, VI 06, V 107, V 108, V 309 and V 110, Villa Bu"dring 25, TSE NMLAGES OF SEAPORT, a t undominium, according to the Declaration of Condominium as recorded in OTicial Records Book 2598, Pages 135 through 374, inclusive, Public Records of Brcvard County, Florids, and all amendments thereto; together with atil appurtenances thereto, including as uadivided int Qa: per unit in the ccatrnon elements es set forth in the Declaration of Condominium wits V1', ' and VII:, VO14 Building 25, THE VILI-AUES OF SEAPORT, a Coodominiutrt according to the Declaration of CondoTr.nium as recorded in Official Records Book 2598, Pages 135 through 374, inclusive, Public Remrdr of Brevard County, Florida,:and all amendmcats thereto; together with all appurtenances thereto, including an undivided intrTest per unit in the c --non elements as set forth in the Declaration of Condominium. Units T82, Townhouse Building 26, THE VILLAGES OF SEAPORT, a Condominium, according to the Declaration of Condominium as recorded m Oficial Records Book 2598, Pages 135 through 374, miusive, Public Records of Brevard County, Florida, and all amendments thereto; together with all apptuteaances thereto, including an undivided interest per unit in the common elements as set forth in the Declaration of Condominium. Units T83, TK T85, T86 and T87, Townhousc Building 26, THE VILLAGES OF SEAPORT, a Condommutuu, according to the Declaration of Condominium as recorded in Official Records Boole 2598, Pages 135 through 374. inclusive. Public Records of Brevard County, Florida, and all ameadincaU thereto; together with all appurttnavees weicto, iueludiu& an uaanvidcd a iC:eSt pez ini: c:!ht Lu=ur. elements aV Sri fo=% is tL: DcLlx-tion of Condominium Units T88, Townhouse Buildit 27, THE VILLAGES OF SEAPORT, a Condominium, sccording to the Declaration of Condominium w recorded in Official Records Book 2598, Pages 135 through 374, inclusive, Public Remo& of Arevard Count', Florida, and all amendments thereto; together with all appurtenances mer+eto, including an undivided interest per unit in the common elements as set forth in the Declaration of Condominium. IN1111111111 EXHIBIT "A' cFk98187a5t {Page 2 of 4 Pages} oR &Vkmwe: 3902 1 3019 Units T89, T90, T91, 7'92 and 793, Townhouse Building 27, THE VILLAGES OF SEAPORT, a Coniumx according to the Declaration of CondomWum as recorded in Official Records Book 2598, Pages 135 thcou& 374, inclusive, Public Records of Brevard County, Florida, and all amendments thereto; togedter with all appurtenances 1hereto, including an undivided interest per unit in the common elements as set forth in the Declaration of Condominium. Units T94, Townbo= Building 28, THE VILLAGES OF SEAPORT, a Condominium, according to the Declaration of Condominium as recorded in Official Records Book 2598, Pages 135 through 374, inclusive, Public Records of Brevard County, Florida. and all amendments thereto; together with aL' appurtenances thereto, including an undivided interest per unit in the coronion elements as set forth in the DecLu atioa of Condominium Units T95, T96, 797, 19& and T99, Townliouse Building 28, THE VILLAGES OF SEAPORT, a CandoMb"U B, according to the Declaration of Coadontinium as recorded in Official Records Book 2598, Pages 135 through 374, inclusive, Public Records of Brevard County, Florida, and all amendments thereto; together wi* all appurtenances thereto. including as undivided interest per Unit in the commoat elements as set forth in the Declaration of Coadominium. Units -100, Townhouse Building 29, THE VILLAGES OF SEAPORT, a Condominiurn. according to the Declaration of Condominium erg recorded in Official Records Book 2598, Pages 135 through 374, inclusive, Public Records of Brevard County, Florida, and all amendments thereto; together with all appurtenances thereto, including an Undivided interest per unit in the common eleauntkas get fauih in tic Declaration of CondorrtiTiium Units T101, T102, T103, T104 and T105, Townhouse Building 29, THE VII-LAGES OF SEAPORT, a Condonrinium, according to the Declaration of Condominium as recorded in Official Recordv Book 2598, Pigea 135 through 374, inclusive, Public Records of Brevard County, Florida, and all ameedmc:nts thereto; together with all appurtenances thereto, including an undivided interest per unit in the common elements as set forth in dz Declaration of Condominium. knits x"137 and t :3fi, Villa Building 36, 7 -HE �i LI OLS O: SLAP= a'Qzdominiuw. eceotd�^ W Ilse Declaration of Coadontioium as recorded in Offi.:ial Records Book 2595, Pages 1135 through 374, incimive, Public Records of Brevard County, Florida, and aL amendments thereto; together with all appurtenances t arejo. including as =divided interesr per unit in the common cl-,mmtt as set forth in the Deckra*m of Condominium. Unis V139, *%'1400, V141, x'142,1'143, V144, V145 and V146, Villa Budding 36, THE VILLAGES OF SEAPORT, e Condominium, accordipg to the Deelaretdor of Condominium as recorded in Official Records Book 2598, Pages 135 through 374, jrclusive, Public Records of Brevard County, Florida, and all amendments thereto; together with al! appm ennnen thereto, including an undivided interest per uniCin tate common elements as set forth in the Dcclarntdon of Condominium. Units V 147 and V 148, Villa Building 36, THE V1LI.AGES OF SEAPORT, a Condominium, according to the Declaration of Condominium as recorded in ofitctai Records Book 2598, Pages 135 daough 374, inclusive, Public Records of Brevard County. Honda. and all emends thcreto;,together with all appurttaaaces thereto, including an undivided interest per unit in the common elemancs as set forth in tee Declaration of Condominium. Units V 149 sad V15o, Villa Building 37, THE VILLAGES OF SEAPORT, a Condominium, according to the Declaratdon of Condominium as recorded in Official Records Book 2596, Pages 135 tlteough 374, inehnivs, Public Records of Brevard County, Florida, and all amendments thereto; together with all appurtenances thereto, including an undivided 'interest per unit in the common cicatcats as set forth in the Declaration of Condominium E)MOBIT "A' , t (Page 3 of 4 Pages) CFN-90187451 oR BOOWPage: 3902 13020 Units V151, V152, V153, V154, V155, V156, V157 and V159, VillaBuilding 37, THE VILLAGES OF SEAPORT, a Condominium, eceordft to the Declaration of Condominium as retarded in Official Recanu Book 2598, Pages 13 5 through 374, inclusive, Public Recor& of Brevard County, Florida, and all amendments thereto; toted= with all appurtenances thereto, including an undivided intatst per unit in the common elements as net forth is do Declaration of Condominium I Unity V159 and V160, Villa Building 37, THE VILLAGES OF SEAPORT, a Condominium, according to the Declaration of Condominium as recorded in Offreial Records D" 2598, Pages 135 through 374, inclusive, Public Records of Brevard County, Florida, and all amcudments thereto; together with all appurtenances thereto, including an undivided interest per unit in the common clements as set forth in the Declaration of Condominium. f Units T120, Townhouse Building 38, THE VILLAGES OF SEAPORT, a Condominium, according to'the Declaration of Condorniaiwn as recorded in Official Records Book 2598, Pages 135 through 374, inclusive, Public Records of Brevard County, Florida, and all amendments thereto; together with all appurtenances thereto, including an undivided interest per unit in the common clements as set fortb in the Declaration of Condominium. Units T121, T222, TI 23, T124 and T125, Townhouse Building 38; THE VILLAGES OF SEAPORT, a Condominium, according to the Declaration of Condominium as necorded in Official Records Book 2598, Pages 135 through 374, inclusivc, Public Records ofBrcvard County, Florida, and all amendments thereto; together with all appurtenances chemo, including an undivided interest per unit in the cotmaon t leroeats as set forth in the Declaration of Condominium. Units T126, Townbouse Building 39, THE VALAGES OF SEAPORT, it Condominiom according to the Declaration of Condominium as recorded in Official Rceords Book 2598, Pages 135 through 374, inclusive, Public Records of Brevard County, Florida, and ata amendments thereto; together with all appurtenances thereto, including an undivided interest per unit in the common elements as set forth in the Dcclarstioa of Condominium. Unit; T127, T128, T139, T130 and T131, Townhouse Building 39; THE VILLAGES OF SEAPORT, a Condominium according to the Declaration of Condominium as recorded in OtTrcial Records Book 2598, Pages 135 through 374, inclusive, Yuba;. kecords of Brevard County, Florida, and all amcndmcnt6 thereto; together with all appun-=es thereto, including an uadivided intmest per unit in the common elements as act forth in the Declaration of Coudominium ';nits T132, Tovmbousc ]Building 40, THE VILLAGES OF SEAPORT, a Condominituq according to the Declaration of Condominium as recorded in Official Records Book 2598, Pages 135 through 374, inclusive, Public Records of Brevard County, Florida, and all atnendnlents thereto; together with all appustettances thereto, including an undivided into -Test per unit in the cmmton elements as set forth iia the Declaration of Condontinium. Units T133, 7734, T135, T136 and TI 37. Townhouse Building 40, THE VILLAGES OF SEAPORT, a Condominium according to the Decluatiou of Condominium as recorded in Official Records Book 2598. Pages 135 duough 374, inclusive, Public Records of Brevard County, Florida, and all amendments thereto; together with all appurtenants thereto, including an undivided interest per unit in the common elarnauts AS set forth in the Declaration of Condominium. Units TI 38, Townhouse Building 41, TM VILLAGES OF SEAPORT, a Coadommium, according to the Declaration of Condominitun as recorded in OfM;ial Records Book 2598, Pates 135 through 374, inclusive, Public Records of Brevard County, Florida, and all amendments thereto; tagctber witb all appurtenances thereto, including an undivided interest per unit w the common elements as Set forthlin the Declambon of Condominium. S EXHIBIT "A".FN:98187451 (Page 4 of 4 Pages) OR 80*Ra90; 3902 1 3021 Units T139, T140, T141. T142 and T143, Townhouse Building 41, THE VILLAGES OF SEAPORT, a Condominium, according to the Declaration of Condominium as recorded in Official Records Boot 2598, Pages 135 through 374, incluaivc, Public Records of Brzv" County, Florida, and afl amendments thereto; together with a'* appurtenances thereto, including an undividcd uterus* per unit in the common elements as set forth in the Declaration of Condominium. CFN:98187451 P"IaIT „B. oR eook/Page: 3902 / 3022 (Page 1 of 2 Pages) 2. Restrictions, covenants and condition- as contained is the Declaration of Restrictions dated May 2, 1985, recorded May 7, 1965 in official Records Book 2596, page 109, of the Public RCCOrds of Brevard county, Florida. 2. Terms, Covenants, conditions, easements, restrictions, reservations and other provisions, including provisiona which provide for a private charge or asse-ement, and also provide for an option to purchase, a right of first efusa', or the prior approval of a future purchaser or occupant, according to that certain Declaration of Condominium, and the exhibits and attachments thereto, dated May 2, 1985, recorded May 7, 1965, in Official Records Hook 2598, page 135 through 374, inclusive, as amended in ORB 2607, page•762; ORB 2612, page 1788; ORB 2616, page 2351; ORB 2620. page 1815; ORB 2628, page 440; ORB 2629, page 2687; ORB 2636, page 2291; ORB 2650, page 2071; ORB 2650, page 2092; -ORB 2650, page 2107; ORB 2656, page 632; ORB 2658, page 649; ORB 2670, page 2578; ORD 2673, page 2215; ORB 2685, page 412; ORS 2665, page 423; ORB 2693, page 1713; ORB 2696, page 2328; ORB 2697, page 1872; ORB 2697, page 2015; ORB 2697, page 2106; ORB x697, page 2081; ORS 2829, page 2716; ORB 3003, page 38021 ORB 3003, page 3604; ORB 3052, page 1625 and ORB 3017, page 3372 and ORB 3128, page 2327, all of the public Records of Brevard County, Florida. Easement ab set out and reser-ved in Temporary Construction Easement dated December 3, 1990, recorded December 20, 1990 in Official Records Book .3^q9; pane 4974, of the public Records of Provard County, Florida. 4. rasemerts in favor of Florida Power and Light recorded in Official Records Book 2514, page Joel; ORB 2592, page 886; ORB 2599, page 2550;.ORB 2611, page 2249; ORB 2611; page 2250; ORB 2627, page 2963; ORS 2640, page 127; ORP 2611: pane 2801; ORB 2694, page 736; ORB 2791, page 287; ORB 2804, page 2542 and ORB 3026, page 4942, all of the Public Records Of Brevaid County, Florida. S. Easements in favor of the City of Cocoa Utility Department recorded it Official Record& book 2546, page 2731; Official necorda Book 2641, page 9C and Official Recorder Boob: 2998, page 4480, all of the Public Records of Brevard County, Florida. 6. Agreement by and between Southland communications, Inc. and l4axi-Homee venture, as contained in Agreement dated May 23, 1985, recorded July 22, 1995 in Official Records Book 2617, page 2929, of the Public Records of Brevard County, r':orida, 7. EaAement in favor of Southern Bell recorded in Official Records Book 2593, page 265, of the Public Records of Brevard County, Florida. e. Ordinance recorded•in Official Records Hook 2337, page 1691, of the Public Records of Brevard County, Florida.. CFN-96167451 OR Bookwaese: 3902 ! 3023 EXHIBIT "B" ( Page 2 of 2 Pages) 9. Easement a9 set out -and reserved in water Easement dated July 10, 1907, recorded July 16, 1987 in Official Rccorde Book 2821, nage 213, of the Public Records of Brevard County, Florida. 10. perpetual Beach Disposal Easement recorded in Official Records Book 3403, gage 2391, of the Public Records of Brevard County, Florida. Perpetual Beach Disposal Easement recorded in Official Records Book 3406, Pa9e 1202, of the Public Records of Drevard County, Florida. Water Lime Earement recorded in official Records Book 3525, page 4331, of the Public Records of Brevard County, Florida. 13. Agreement of Terme dated June 30, 1999, recorded August 12, 1990 in Official Records Book 3862, page 2324, of the Public Records of Brevard Countv, Florida. 14. Zoning restrictions, reservations, prohibitions and other requirements imposed by governmental authorities. 15. axes for the year 1998 and subsequent years. 07,12/2001 THU 15:40 FAA 1321632307& 0-002 WASTS nn/►NAGEMENT i 3333 Lake Onvc FO Box 3803 C:occn, FL.329=2-3.303 (300) 701.3934 (32 i) 636.6894 (32:; 632.3079 Fay Mr. Ben,ett Bouc.-itcr, City Manager City of C -Ape Canaveral 105 Poll Ave. Cape Canaveral, Florida 32920 July 12, 2001 Re: Sec and Quarter 2001 Report 1Jenr Mr. Boucher: During t ie second quarter of the year 2001, Waste Management provided the City's single family residences with approximately 85,280 services over the course of 26 garbage; 13 greets wsstc and 13 recycle c ollections. 'finis figure does not reflect the services renderod to the approximately 4,700 multi- family u. uLs, 46 commercial can mx tomers, 89 commercial customers and 9 pemsaneat rolloff customers. The Cit} informed as of 34 complaints received in the second quarter. Two of the compisints were mismila ieova in native and &e remainder were as follows- 13 garbage, 7 recycle and 12 green waste. Should) ou have any questions or if you need further information, picase feel free to contact ane. Sincerel;!„� i •'r if Linda Fi ank Site M:w agm Cl A Divitign u' U3^. �T✓aste Flo:uia Memo To: HONORABLE MAYOR AND MEMBERS OF G}TY,COUNCIL From: BENNETT C. BOUCHER, CITY MANAG Y\`\``�y �V ` Date: July 12, 2001 Re: QUARTERLY ACTIVITY REPORT — WASTE MANAGEMENT This office processed a total of (34) complaints for the months of April, May and June, 2001 as follows: 13 garbage complaints 7 recyle complaints 12 green waste complaints 2 miscellaneous /kmm cc: Waste Management 0 Page 1 Memo To: HONORABLE MAYOR AND MEMBERS OF CMCOUN,CIL ,^, From: BENNETT C. BOUCHER, CITY MANAGEF� p Date: July 12, 2001 `` Re: QUARTERLY ACTIVITY REPORT — ANIMAL CONTROL This office processed 15 citizen requests for animal traps for the months of April, May and June, 2001 and was notified that a total of 27 animals were trapped as follows: 6 possums 18 cats 2 raccoons 1 dog Additionally, one (1) complaint was forwarded to Brevard County Animal Control (dogs running loose) /kmm 0 Page 1 Second Quarter Report 2001 April through June City Clerk/ Human Resource Office HUMAN RESOURCES Position Vacancies: Utilities Maintenance Worker Maintenance Worker- Streets/Maintenance Administrative Assistant — City Clerk's Office Employee Resignations: Michael O'Hara — Utilities Maintenance Worker New Hires: Virginia Haas - Administrative Assistant — City Clerk's Office Glen Robins — Maintenance Worker- Streets/Maintenance William Sarakos — Utilities Maintenance Worker — Water Reclamation Employment Applications: Human Resources revised the City's employment applications this quarter with the goal of a user friendly, legally compliant form. We will implement the new applications after our legal counsel's review. EMPLOYEE SEMINARS Customer Service: "Inside & Out" Employees from various City Departments and the Fire Department attended Customer Service training provided by the Florida Institute of Government on Monday, May 21 st. Ms. Melinda J. O'Neill facilitated a four-hour workshop for employees that interact predominately with the public. The training also covered internal customer interaction. EAP Provider Training for Supervisors Sheryl Vida, Licensed Behavioral Specialist, reviewed Employee Assistance Program (EAP) topics with Departments Heads on Thursday, May 24th. Ms. Vida covered how to address the problematic employee, identifying harassment and violence in the workplace prevention using the City policy and the EAP Supervisor's Handbook. She reiterated that the EAP service provides up to six free consultative visits to help employees regain any momentary loss of productivity. RISK MANAGEMENT Property Claims filed — (2) Public Works — Lightning ($27,837.98 in damages) & Roof Damage $26, 837.98 received from the League insurance on lighting damage, minus a $1,000 deductible City Clerk's Office Second Quarter Report, July 2001 Page 2 INFORMATION MANAGEMENT The Clerk's Office is preparing an electronic agenda process for the City Council agenda packets to use with the proposed laptop computers. The Clerk's Office revived the City Newsletter this quarter to keep employees informed of City activities, staff achievements and personal recognitions. We encourage input from all departments for continued success. CITY BOARD ACTIVITIES The City Board Appreciation Dinner was held on Saturday, April 7th from 6 — 9 P.M. at the Radisson Conference Center. We look forward to enhancing the evening next year to include time in service recognition for Board members and in the future to present an "Outstanding Service Award" to the Board that performed work aside from Board activities that significantly added to the City's safety, quality of life or environmental awareness. &,]:I=]&"IIII 14 "A Better Place" Civic Tracker As a City Manager's special project, Virginia Haas, implemented the City's new online complaint tracking system. This new medium allows any person to access a form through the Internet to notify City departments of concerns that need attention. The process initiates a complaint, processes a work order and prepares a letter of how the situation was addressed or resolved. Virginia also assists all departments involved in receiving complaints by showing them the technical aspects of the online process. MEETINGS/SEMINARS/CONFERENCES Brevard County Clerk's Association — June 2001, Topic: Clerk's Office Responsibilities Government Web Masters Association Under the guidance of the City Clerk, Virginia Haas has taken on the task of coordinating a Web Masters Association through the International Institute of Municipal Clerks. This would offer Virginia a network of other professionals within local government to share ideas and address concerns regarding web development. IIMC welcomed the opportunity to assist Virginia in presenting a web discussion forum at the Annual Conference in San Antonio, Texas in 2002 if she could gain interest. Virginia has received responses from interested government web developers around the state. This is a great opportunity for her to establish a professional association that reflects a new area in local government employment. I RECREATION DEPARTMENT QUARTERLY REPORT jf� APRIL, MAY & JUNE, 2001 April was an eventful month. An Easter Egg Hunt was held on the 14'b. Two hundred forty six children, from toddlers through third grade students, along with parents, grandparents, friends & neighbors in tow, were in attendance. The Easter Bunny (who incidentally has officially retired) was there to chat with the children and provide a great photo opportunity. (report attached) A very successful Spring Fling Umnuetball Tournament was held on April 24th, 25'd and 26'". The weather was perfect, which of course is a key ingredient for a successful outdoor event. (report attached) The activity at the Youth Center has picked up considerably. The supervisor has scheduled some tournaments; they order pizzas on Saturdays and have had a couple of "dance parties". The Center has been open from 12 noon to 6:00 p.m. Monday through Saturday since the day school was out. PAL has been on site a couple of afternoons, trying to get soine outdoor games going. Due to the heat, the kids haven't been too interested. Attendance: April - 398 (avg. 24 youths per day) May - 704 (avg. 27 youths per day) June - 481 (avg. 19 per day) Construction on the boardwalk project at Manatee Sanctuary Park began in mid June. Although the contract calls for a completion date 120 days from commencement, the contractor is anticipating completion by mid August. I was notified by the state that the submitted FRDAP Grant for Manatee Sanctuary Park, Phase II was funded. The contract and commencement package has not yet been received. Phase II includes a picnic pavilion/ Restrooms, educational kiosk and a walking/jogging trail. Summer programs began in June. In addition to the Recreation Department programs, the I' Baptist Church of Merritt Island used (rented) three tennis courts five afternoon during the second week of Jwie. The Seafarers ministry used Canaveral City Park pavilion for a special program that teens from Tennessee conducted three mornings the third week in June. Bell South removed the "infamous" pay telephone at Canaveral City Park. EASTER EGG gMlYT REPbRT SATURI)AY, APRIL t q, 200 t EXPENSES: Postage (/Yec)s Rdeases) flyers Eggs (t720 stufl`ed) Easter Bunny Prizes Refreshments Supplies MTAL ATTLAD AIYGIC. • $ 3. tf 0 1 t.30 ttf8.21 65.00 80.86 35.38 t. 80 $3gS.9S t 19 - Pre -School 69 - Kindergarten & tat Graders S8 - 2nd & 3rd Graders 2q6 TOTAL C91LOREIY /N ATTEIYOAME + staffTime CITY OF CAPE CANAVERAL 1"ARKS & RECREATION DEPARTMENT 7300 N. Atlantic Avenue *P.O. Box 326 Cape Canaveral, Florida 32920 (321) 8684227 email: pm-hm-ev(r btawt SPICING FLING RACQUETBALL TOURNAMENT APRIL 24, 25 & 26, 2001 - //A REVENUE: ry0101.Y11toy"o,3, Derman Homes $100.00 (Southern Tape &, Label 100.00 Cap Flaps 100.00 Raiumaker 100.00 Island Image 100.00 Sea Ray Boats 100.00 Diagnostic Portable linage 250.00 T -Mart of Cocoa Beach .00 $ 850.00 (discounted sldrts $113.00) ENTRY FEES 80 Participants 1965.00 SHIRT SALES 45.00 TOTAL $2860.00 EXPENSES: T -Shirts 721.85 Racquetballs 125.28 Applications 15.50 Trophies 318.50 Food & Paper Products 161.31 Reproduction 5.50 Postage 3.40 Court Time(retained by Ree. Dept. ) 224.00 TOTAL 1575. PROFIT 1284.66 25 % of profit retained by Recreation Dept. 321.16 75% of profit to Tournament Directors 963.50 Paul Owens $481.75 Mike D'Andeo 481.75 Memo To: Bennett Boucher, City Manager From: Walter Bandish, Acting Public Works Director 1, "� Date: July 3, 2001 Re: Quarterly Report for April, May & June 2001 RECLAIlVIED WATER 1. Plant Production: April May June Third Quarter Wastewater treated: 30 26 28 84 Reuse Cape Canaveral 22.6 20.9 22 65.5 Reuse Cocoa Beach 7.2 9.1 10 26.3 Total Reuse: 29.8 30.0 32 91.8 River Discharge: 5.3 -0- *.90 6.2 Rainfall: .07 1.3 5.7 7.07 Reclaimed Customers: 575 575 578 578 *Testing and maintenance on tank for Lab (DEP) 2. Bid Packages for the Lift Station and related Force Main are being mailed out. Bid opening is scheduled for July 11, with contract award scheduled for July 17. 3. The City applied for a Stormwater grant for a pilot study for recovering Stormwater to supplement the reclaimed water supply.- The Cost-sharing grant was for $20,800. Grant agreement approved by City Council on July 18. SJRWMD has given the City Notice to Proceed. Council approved the purchase of system December 5, 2000. A purchase order was issued to Vortechnics in June 2001. 5. Relined 1200 LF of 10" DI sewer line. 6. Open House was held in May for Public Works and the Treatment Plant. 7. Maintenance work on reuse tank and pumps did not interfere with water to residents. Quarterly Report for April, May & June 2001 Page 2 of 3 8. Cape View Elementary Grades 1 and 2 took a Plant tour at Public Works and enjoyed it very much. 9. Dedication of Thurm Boulevard took place on May 23, 2001. Mr. and Mrs. Thurm were presented with a plaque commemorating this event. STREET DIVISION 1. The City Annex building has been pressure cleaned and painted by City staff. City complex sidewalks were also pressure cleaned. 2. The final ninety-six (96) sections of sand fence were installed by the Street Department. 3. Major electrical repairs were performed by Streets Department staff on the Library, ballpark, Recreation Complex and Columbia Drive. 4. Prime path sidewalk project has been installed down Rosalind Avenue from Cape View Elementary moving toward the ballpark. 5. The fence at Washington Park has been removed. 6. Asphalt repair work order requests for the City have been completed. 7. Welcome aboard to a new City of Cape Canaveral employee Glen Robins hired as a Maintenance Worker in the Streets Department. BEAUTIFICATION Trees 1 st quarter: 0 palms 0 Oaks 75 others Total 7 Trees 2nd quarter: 0 palms 15 Oaks 24 Cypress Total 15 Trees 3`d quarter 3 palms 14 Oaks Total 17 Others plants 750 Petunia 167 Hibiscus 30 Daisies 500 Caladium 144 Pentas, alyssum, heater and hawthorne 1. Status of the Al A Beautification Project: City of Cape Canaveral completed the required easement agreement and the document has been approved by the FDOT District Office. Easement agreement was then reviewed by City Attorney and sent back to FDOTs Right of Way Coordinator for his review and approval. 2. New landscaping was installed at City Hall and the Annex for the Swiss dignitaries. Quarterly Report for April, May & June 2001 Page 3 of 3 3. Sod reduction project was completed on E. Central, W. Central and Ridgewood Avenues. 22 pallets were used this quarter; 32 total in 2001. Total Trees FY -00: 0 palm 0 Oaks 0 Other Total 0 Total Trees FY -99: 37 palms 2 Oaks 250 Other Total 289 Total Trees FY -98: 65 palms 22 Oaks 275 Other Total 362 Total Trees FY -97: 51 palms 89 Oaks 28 Other Total 168 PUBLIC WORKS ADMINISTRATION I. First Aid and CPR Certification training for City employees is presently being coordinated between the City Safety Coordinator and the CCVFD Training Officer. 2. Safety Committee members have been given tee shirts imprinted with a "Safety First" logo. 3. RFP for 2001 Traffic Study was awarded to Luke Transportation Engineering Consultants of Maitland, FL. 4. Quarterly concurrency report ending June 2001 has been completed. 5. On 4/27/01, Walter Bandish, Chester Cooper, Wes Fox and Carl Akery received a Certificate of Attendance for completion of a free Mueller Company product -training seminar that covered the proper use and maintenance of drilling and tapping machines, service line products, main distribution valving products and fire hydrants. Mueller Co. and U.S. Filter issued the certificate. (32 hours) 6. Kay McKee attended Vegetation Management Seminar on 4/17-4/19 — (16 hours) 7. Tim Davis attended the Trees Florida 2001 Convention on 6/23-6/26. (32 hours) 8. The Florida Safety Council Florida presented a free seminar on "Hazardous Wildlife — Snakes, Spiders and Alligators". It was attended by Cathy Dawson, Tim Davis, Scott Barker and Glen Robins of the Streets Department; and Max Barger, Paul Prince, Chuck Cordero, Larry McCormack and Chester Cooper of the Water Reclamation Plant. (18 hours)