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Home My WebLink AboutAgenda Packet 12-01-1998CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: City of Cape Canaveral )UNCIL REGULAR MEETING CITY HALL ANNEX avenue, Cape Canaveral, Florida TUESDAY December 1, 1998 7:00 P.M. AGENDA PRESENTATION: Rosa M. Cordova, Rosie's Stitch in Time — Mayor's Award CONSIDERATIONS: 1. Motion to Approve: Regular Meeting Minutes of November 15, 1998 2. Motion to Approve: Option Agreement with CEVESCO, Inc. and the Florida Communities Trust to purchase a five (5) acre parcel for Banana River Park 3. Motion to Approve: Settlement Agreement with the Bruss Estate as recommended by the Code Enforcement Board. ORDINANCES — SECOND READING: 4. Motion to Approve: Ordinance No. 31-98, Vacating a right—of-way located west of tax parcels 511.1 and 5121.2, reserving a public utility easement AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING A TWENTY-FIVE FOOT (25') WIDE RIGHT-OF-WAY LOCATED WEST OF TAX PARCELS 511.1 AND 512.2; RESERVING AN EASEMENT FOR PUBLIC UTILITIES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5. Motion to Approve: Ordinance No. 32-98, Vacating a sewer easement lying across tax parcels 5 11. 1 and 512.2 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING THAT CERTAIN TEN FOOT SEWER EASEMENT LYING ACROSS TAX \\cape-nt4atycajdt'f"O Av'e"n'u1Ae8.• Post Office Box 326 •Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 9 FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ City Council Regi,,.'ar Meeting Agenda December 1, 1998 Page 2 PARCELS 511.1 AND 512.2, AS DEDICATED BY INSTRUMENT RECORDED AT OFFICIAL RECORDS BOOK 1189, PAGE 380, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. DISCUSSION: 6. Jetty Park, Port Reuse Agreement REPORTS: 7. City Manager's Report 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. REPORTS CONTINUED: ADJOURNMENT: Pursuant to Section 286.1015, 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. UCAPE-N1lcityclerk\CityClk\AGENDA\REGULAR\1998\12-01-98.doc CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 17, 1998 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Richard Treverton Burt Bruns Tony Hernandez Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Andrea Bowers Public Works Director, Edward Gardulski Building Official, Dennis Franklin Precinct Con-unander, Major George McGee PRESENTATION: Mayor Randels explained that the Cape Canaveral business owners created a Committee and their first issue is the proposed City sign ordinance. Mr. Bill Mays, of Call One, requested recognition of the Committee as Ad hoc and also requested a 90 -day hold off of the proposed Sign ordinance. Mr. Hernandez commended Mr. Mays and members of the committee for forming a coalition to apprise the City of business concerns, especially those imposed by the City. He also opined that 90 - days is a reasonable time frame to delay further action on the proposed sign ordinance. However, he related that it is unnecessary to form an ad hoc committee, which requires a diverse group of interests and imposed rules and procedures. Council concurred with Mr. Hernandez that the committee would be heard and responded to with the same recognition afforded all persons, factions or committees (including ad hoc). The City Clerk offered to fax Mr. Mays copies of all City Council agendas as a courtesy. g \cityclk�minutesvegu1ar\ 1998\ 1 1-17-98 doc City Council Regular Meeting Minutes November 17, 1998 Page 2 INTERVIEWS: <Tape 1, 1105> Attorney Bennett interviewed Mr. George H. Reid as a prospective candidate for the Library Board. Mr. Reid is a 25 -year resident with no family members in public office. He has a sincere interest to serve on the board. Council agreed to agenda an appointment resolution for consideration at the next scheduled meeting. CONSIDERATIONS: <Tape 1, 1192> A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve the Regular Meeting Minutes of September 1, 1998; September 15, 1998; October 6, 1998; October 20, 1998; and November 5, 1998. The motion passed 5-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. <Tape 1, 1240> A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve the Outdoor Entertainment Permit for the Third Annual Reindeer Run & Walk for United Way of Brevard County, and waiving permit fees. The motion passed 5-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 3. <Tape 1, 1375> A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the Amendment to the Law Enforcement Contract with the Brevard County Sheriffs Office. Mr. Mike Abels, Brevard County Administrative Services Director, explained that the rationale for including the language referencing indirect costs even though they do not apply to this fiscal year budget to lay the groundwork for future contracts. City Attorney, Kohn Bennett, suggested that the language could be included as a footnote for reference and would make the contract clean. Mr. Abels agreed that the language could be included in footnote format and will make the corrections to present for signing. The motion passed 5-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. <Tape 1, 1955> A motion was made by Mayor Randels and seconded by Mayor Pro Tem Petsos to appoint Mr. Bruns as the Space Coast League of Cities Voting Delegate/Director and Mr. Treverton as the Alternate. The motion passed 5-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. <Tape 1, 2040> A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hernandez to approve the Final Plat for Sea Era Segundo. G:ACityClk\MINUTES\REGULAR\1998\1 1-17-98.doc City Council Regular Meeting Minutes November 17, 1998 Page 3 The motion passed 5-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 6. <Tape 1, 2081> A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve the Annual Employee Christmas Bonuses. The motion passed 5-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For RESOLUTIONS: 7. <Tape 1, 2180> Mayor Randels read Resolution No. 98-38 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mr. Hernandez suggested that it might be more appropriate to cycle the Alternate Member to the Regular Member position, then reconsider Mr. Nicholas appointment to the board with the other applicants. Council concurred. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hernandez to appoint a member to the Library Board inserting the name James K. Brown, for a term to expire October 1, 2000. A motion was made by Mr. Hernandez and seconded by Mayor Pro Tem Petsos to amend the resolution to replace the word reappoint with the word appoint. The amending motion passed 5-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. The main motion passed 5-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 8. <Tape 1, 2675> Mayor Randels read Resolution No. 98-39 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mayor Pro Tem Petsos to appoint Ms. Andrea Shea -King as a regular member on the Planning and Zoning Board for a term to expire September 15, 2000. G:ACityC 1k\MIN UTES\REGULAR\1998\ 1 1-17-98.doc City Council Regular Meeting Minutes November 17, 1998 Page 4 The motion passed 5-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. ORDINANCES — FIRST READING: 9. <Tape 1, 2817> Mayor Randels read Ordinance No. 31-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING A TWENTY-FIVE FOOT (25') WIDE RIGHT-OF-WAY LOCATED WEST OF TAX PARCELS 511.1 AND 512.2; RESERVING AN EASEMENT FOR PUBLIC UTILITIES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Bruns queried if the FPL utility easement problem was solved. City Attorney, Kohn Bennett, responded that it had and was included in the ordinance reserving the easement. Mr. Bennett also clarified that the entire 25' goes to this owner because the remaining three-fourths of the right-of-way was previously vacated, erroneously leaving this parcel. There was no public comment. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve Ordinance No. 31-98 for second reading. The motion passed 5-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 10. <Tape 1, 3145> Mayor Randels read Ordinance No. 32-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING THAT CERTAIN TEN FOOT SEWER EASEMENT LYING ACROSS TAX PARCELS 511.1 AND 512.2, AS DEDICATED BY INSTRUMENT RECORDED AT OFFICIAL RECORDS BOOK 1189, PAGE 380, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Hernandez commended the Planning and Zoning Board, as well as Steve Bapp, Planning and Zoning Technician, for their thoroughness in presenting and reviewing these issues. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Ordinance No. 32-98 for second reading. The motion passed 5-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. G:\CityC1k\MINUTES\REGULAR\1998\11-17-98.doc City Council Regular Meeting Minutes November 17, 1998 Page 5 DISCUSSION: 11. <Tape 1, 3274>Review of EAR Based Comprehensive Plan Amendments Todd Peetz, City Planner with Ivey, Harris and Associates appeared before Council explaining the LPA recommended responses to the Department of Community Affairs' (DCA) issues with the Comprehensive Plan Transmittal. The five primary issues are: 1) They recommended a D level of service for AIA that would have required widening of the highway. DCA's rationale was because it is used as a hurricane evacuation route. Responding to LPA's suggestion, the DCA conceded that E is the appropriate level of service for AIA. 2) Mass Transit Level — Because the City does not provide mass transit and utilizes County buses, therefore, the City will adopt the County's level of service when theirs is adopted. 3) C-2 Land Use Zone — The DCA was concern with the name of the zone, not the use and recommended a Commercial -Manufacturing name. 4) No conservation land use designation was included in the EAR Transmittal — LPA suggested the area at the end of Long Point, the Manatee Sanctuary Park; and the Trust Fund property (leased for 50 years) at the extreme northwest end of the City. City Attorney, Kohn Bennett, confirmed that leased property should be viable because the lease requires that the land be maintained as a conservation area. 5) DCA was concerned that the oil tank farm is not compatible with the proposed Residential Zone although there is a 1500' buffer. Mr. Treverton and Mayor Randels stated that they wanted to review these issues and present some concerns to Mr. Peetz. Mr. Bruns opined that North Atlantic Avenue development issues are addressed. Council concurred to hold a workshop meeting to discuss these issues with Mr. Peetz. The meeting was scheduled for Tuesday, November 24, 1998 at 5:30 p.m. The LPA members are to be invited. 12. <Tape 2, 400>Progress Report on Reuse Projects Public Works Director, Ed Gardulski related that representatives of Quintin Hampton and Associates and Dial Communications were present to explain why the reclaimed water projects are behind schedule. G:\Ci tyClk\M 1NUTES\REGULAR\ 1998\ 11-17-98.doc City Council Regular Meeting Minutes November 17, 1998 Page 6 Mr. Rick Fernandez, Quintin Hampton & Associates, who are inspectors of the project, reported that they have observed Dial Communications: • The methodology they are using (jack and bore) is the least disruptive, as the City requested • The quality and flexibility they have demonstrated has been excellent. • He has requested and granted an on-site superintendent to oversee the Dial Communications crews. • He related that they are 3-4 weeks behind schedule. Mr. Fernandez related that it is better to be behind the schedule and have quality construction. Walt Collier, General Superintendent for all of Florida representing Dial Communications, explained: • An additional crew is being brought in to increase the effort to meet the set schedule • The City of Cocoa creates a tremendous time delay problem because of bad locates; it should take 15 minutes, however, sometimes takes 2 or 3 hours. • The City of Cocoa representative, Mr. McKay, will not allow locate definitions without a full 48 hour notice even when on the contract site. • The City of Cape Canaveral sewer line locates are perfect. He commended Carl Akery and Wes Fox for the ability. • Digging under telephone lines and other services has presented some problems. • Dial Communications had some equipment malfunctions He related that hookups and service would begin within ten days. Further, with the additional crew and extended efforts, they plan to meet the initial deadline. Mr. Carl Welton, Coral Drive resident, queried how much money the contractors have drawn from their contract. Mr. Gardulski responded that they have received only 22 percent of the contract amount. Mr. Welton also requested that a revised schedule of the construction should be posted at City Hall. Council concurred that Quintin Hampton & Associates should give another update at the December 15, 1998 meeting. Mr. Leo Nicholas commended the contractors despite the delay citing the historical difficulty working with Cocoa Water. G:\CityClk\MINUTES\REGULAR\1998\1 1-17-98.doc City Council Regular Meeting Minutes November 17, 1998 Page 7 13. <Tape 2, 1674>Installation of Reuse Service for Vacant Lots Ed Gardulski, Public Works Director, created a list of advantages and disadvantages to installing reclaimed water service for vacant lots: Advantages • restoration all at once • contractor can do things the city can not Disadvantages • city has limited funds • services to install on vacant lots were not let for bid • future improvements may require relocating the service & added expense • sewer customers are paying for the system, vacant lot owners pay nothing • increased maintenance due to line breaks from vehicles driving over service boxes on vacant lots • the pumping facility was not designed to have multiple or oversized lines (2") to residential lots Mr. Treverton queried if it would be appropriate to offer the service if the customer has a use for the reclaimed water and pays the full cost of installation. Mr. Gardulski explained that sewer customers would subsidize the operating costs because there is no fee for reclaimed water consumption. 14. <Tape 2, 2006>Jetty Park, Port Reuse Agreement Mayor Randels explained that the Canaveral Port Authority needs direction in reference to their request for reclaimed water for Jetty Park. City Attorney, Kohn Bennett, stated that Council should concur on allocating the water before he assigned to spend time and money developing an agreement that Council will not consider. Ms. Jennifer Wood, Hartman & Associates Engineer representing the Canaveral Port Authority, was present. She explained that the Port is requesting reclaimed water only G:\CityClk\Iv11NUTES\REGULAR\1998\1 1-17-98.doc City Council Regular Meeting Minutes November 17, 1998 Page 8 when it is available. If the City needs the water, the agreement will mandate that the Port will not receive its allocation according to the City's determination. She related that the Port will be using horizontal wells eventually. They estimate the need for 60,000 gallons per day. Mr. Leo Nicholas stated that the City should be diligent by allocating the appropriate initial capital costs of providing the reclaimed water as well as continued maintenance. Mr. Gardulski stated that it is a good concept for the Port to receive the water rather than sending it into the river. He suggested that a pop-off system is good. Council concurred to negotiate for providing the requested 60,000 gallons allocation. However, the City of Cocoa Beach should be requested to acquiesce the same amount from its allocation. The per -gallon rate can not be determined until Burton and Associates have completed their study, which could be in March 1999. 15. <Tape 2, 2895>Holman Road City Manager, Bennett Boucher, explained that the County insists on giving the road to the City and will not deed it to the property owners without unanimity amongst them. Earl McMillin, resident of Holman Road, reiterated that he will personally take the responsibility of the road as a trustee, allowing residents ingress and egress through the mandates of the deed. He stated that if the residents do not agree with the level of maintenance, they would have an opportunity to pay for a higher standard. Ms. Hernandez suggested that the City accept the road ownership from the County and QuitClaim Deed the parcel to Earl McMillin as trustee with a reservation of easements. City Attorney, Kohn Bennett, related that it will take him approximately ten hours, plus recording fees to prepare the necessary documents. Consensus was to notify all property owners on Holman Road in advance of the meeting where this issue will be considered. REPORTS: Mayor Randels introduced the newly hired Building Official, Dennis Franklin. G:\CityClkN]N UTES\REGULAR\1998\11-17-98.doc City Council Regular Meeting Minutes November 17, 1998 Page 9 Audience: Beatrice McNeely — Planning and Zoning Chair Ms. McNeely requested that Council consider seriously the letter of recommendation from the Community Appearance Board and Planning and Zoning Board for the City to invite Tim Hancock of Collier County to speak on the sign issue and Community Appearance issues. Council concurred to invite Mr. Hancock to speak for the City. Leo Nicholas — resident • Mr. Nicholas congratulated the newly elected Council Members and stated that they did the right thing by promoting the Alternate Members to Regular Membership. However, he does desire consideration for appointment as an alternate member to both the Library Board and the Planning and Zoning Board. Council concurred to continue past 10:00 p.m. City Manager — Bennett Boucher • Mr. Boucher reported that the Florida Department of Transportation has approved $155,000 to be allocated toward the AlA Beautification project as requested by the City two years ago. • Mr. Boucher reported that Burton and Associates have responded to the City's proposal for an impact fee study and a reclaimed water rate plan for non -city consumers. • Mr. Boucher reminded Council that the City Attorney's contract would be considered on the December 12, 1998 agenda. • Mr. Boucher reminded Council that he will be on vacation next week and the City Clerk will be Acting City Manager. • Mr. Boucher reminded Council that his annual evaluation is due. Reports are due from Mr. Hernandez and Ms. Salamone. City Clerk — Sandra Sims No report. City Attorney — Kohn Bennett No report. Council Member — Richard Treverton Mr. Treverton commended the Mayor and fellow Council Members for the quality run meeting and expressed his appreciation for their indulgence on his behalf. G:\CityClk\MINUTES\REGULAR\1998\11-17-98.doc City Council Regular Meeting Minutes November 17, 1998 Page 10 Council Member — Burt Bruns • Mr. Bruns requested that staff research the traffic study and try to implement something that will deter speeding on Washington Avenue. Mr. Gardulski stated that stop signs can be installed right away. Council concurred that two stops signs should be erected along Washington Avenue. • Mr. Bruns reported that the Water 2020 Committee has developed a draft proposal and projects that the state will have enough water at least through the year 2020. Council Member — Tony Hernandez • Mr. Hernandez reiterated that the garbage on Rosalind is still unacceptable. Mr. Boucher responded that Code Enforcement Officer, Greg Mullins and Rick Faduhl of USA Waste are working on solving the problem. • Mr. Hernandez reminded Council that Commissioner Randy O'Brien pledged four bleachers to the City and queried how we can obtain them. Mayor Randels stated that he will forward a letter requesting the bleachers. • Mr. Hernandez queried about the status of obtaining City of Cape Canaveral Investigative Costs. He related that a form was made for obtaining the fees and the Sheriff changed the date from fiscal year 1997/98 to 1998/99. Council concurred that the City Attorney should write a letter referencing the stipulation in the 1997/1998 contract that investigative fees are to be remitted to the City. Mr. Hernandez opined that the fees should be returned to the City since they were initially collected. Mr. Mike Abels, Brevard County Administrative Services Director, will be requested to attend the December 15, 1998 Council Meeting to explain the status of this issue. Mayor Pro Tem — Buzz Petsos • Mr. Petsos queried if Fairvilla has fulfilled their commitment to clean AIA this past quarter. Mayor Randels responded that he will research the matter. • Mr. Petsos queried about the status of Florida Department of Transportation involvement with sidewalks along the East side of AIA where owners are not allowing them across their storefront driveways. Mr. Petsos reminded Council and Staff of the Space Coast League of Cities Christmas meeting and dinner at the Patrick Air Force Base Officers Club on December 7, 1998 at 6:30 p.m. Mayor — Rocky Randels No report. G:\CityClk\MINUTES\REGULAR\1998\1 1-17-98.doc City Council Regular Meeting Minutes November 17, 1998 Page 11 There being no further business, the meeting adjourned at 10:30 p.m. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK G:ACityClk\MINUTES\REGULAR\1998\1 1-17-98.doc Meeting Type: Regular Meeting Date: 12-01-98 AGENDA Heng Considerations Item 2 No. The city attorney has reviewed this agreement, and we recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: APPROVAL OF OPTION AGREEMENT WITH CEVESCO, INC. AND THE FLORIDA COMMUNITIES TRUST DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council approve the attached option agreement to purchase five (5) acres of land for the Banana River -Park. Summary Explanation & Background: The Florida Communities Trust will pay for the entire purchase price of $800,000 and closing costs as indicated within the agreement. Closing on this property will be early 1999. The city attorney has reviewed this agreement, and we recommend approval. Exhibits Attached: FCT memo of 11-13-98/Option Agreement/Project Summary Office Department LEGISLATIVE 7City0!e-r' Florida Communities Trust November 13, 1998 Mr. Bennett C. Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral , Florida 32920-0326 RE: S4fnetttm-y Park, FCT Project 4 96-062-P7A, Cevesco, Inc., Ownership. I have enclosed to you the completed option agreement for the above -referenced purchase. Please have the seller sign three original agreements and complete the information required in all locations. Once the city has approved and signed the originals please forward them to me. As before, we will need to receive a project plan and management plan for approval by the Florida Communities Trust (FCT) governing board. Our next board meeting is scheduled for January 4, 1999. If the city desires to present the project plan for approval at this meeting, please send the management plan immediately for preliminary review by the FCT evaluation section. Should you have any questions, please give me a call at (850) 922-2207. Sincerely, Delbert Q. Harvey Senior Acquisition Review Agent Enclosures DEPARTMENT OF COMMUNITY AFFAIRS • 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 850/922-2207 • SUNCoM 292-2207 0 FAX 850/921-1747 FLORIDA CO - mm TtuS REcY( NOV-20-98 10:52 AM CAPE CANAVERAL PW 407 799 4980 P.02 PROJECT INFORMATION 4471r NOTE: retype the headings on separate paper, using as much space as needed to fully reply. %%010 PROJECT PURPOSES AND OBJECTIVES [Rule 9K-4,0031(10)&(13) and Rule 9K -4.004(4)(a)3., F.A.C.] 0mi The purpose of acquiring the proposed site for the Banana River Park is to protect one of the few remaining parcels of unimproved land along the Banana River. Through acquisition, the City, along with other supportive agencies, can preserve this critical piece of land. Preservation of this land will help insure that the environmental integrity of this National Estuary and Aquatic Preserve can continue to flourish and not be subjected to constant degradation. Acquisition of this site would provide countless benefits to both city residents and seasonal visitors. It will be utilized as both an educational and promotional tool for the general public as well as provide for a place where area youths can engage in safe recreational activities. Public ownership of approximately _3,604 feet of river frontage would provide residents and visitors with additional public access to the Banana River. Currently, there is only one other site in the City that provides public access to the Banana River. 711 other site is just south of the proposed site which was also acquired through the aid of a Preservation 2000 grant last year. The proposed park site is easily and safely accessible to all of its potential visitors. It will be designed to provide both passive recreational activities that can be enjoyed by all as well as supply an element of active recreation by designating part of the upland grassy areas as a multi purpose field for community youths to enjoy. Park benches, picnic tables and a multi purpose field will be among those facilities that will be available for the use and enjoyment of all park patrons. This project is designed to bring awareness to the native Florida lands and waters, the way they should exist while at the same time provide a safe environment for all citizens to enjoy recreationally as well. The site will be restored with native vegetation along the Banana River, so as to encourage native species to return to the site. This project site will also focus a special attention on a member of the endangered species, the West Indian Manatee. This site has had numerous manatee sightings and has become a research site for various agencies. Documentation of these sightings can be found in Attachment "0". FCTjP2000-3 4 NOV-20-98 10:53 AM CAPE CANAVERAL PW 407 799 4980 P.03 COMPREHENSIVE PLAN IMPLEMENTATION (Rule 9K-4.0031(13) and Rule 9K -4.004(4)(b)5., F.A.C.] 1'' The acquisition and development of the Banana River Park site will aid the City in meeting a number of the goals and objectives set forth in the Comprehensive Plan, specifically in the Recreation and Open Space, and Conservation and Coastal Management elements of the plan. Acquisition of this parcel would directly address Objective R-1, which states that the City shall provide access to all of its identified recreation sites which includes the Banana River; and fulfill Policy R-1.2, concerning the provision of acquiring land on the Banana River to provide public river access. i.1 Through the preservation and proper development of this site, the City will accomplish the policy to protect, conserve, and restore vital area of the coastal zone. As stated in Policy CM -1.1, the City will strive to protect and enhance wildlife habitat and marine resources. This park will be geared toward implementation of this policy, as a result of emphasis being placed on the habitat of the endangered manatee. At the same time, the City will be fulfilling Objective CM -2 through maintaining and improving estuarine environmental quality. Cooperation with local agencies, Policy C-4.5, will be critical to the continued grazing and migration of the endangered West Indian Manatee to this site. The City will provide support to agencies through public education and proper management of the park site. As is recognized in the City's Comprehensive Plan, preservation of native lands is dependent upon cooperation between Federal, State, and Local agencies. Small communities, such as Cape Canaveral, do not possess the resources to develop these endangered lands on their own. In this particular case, a successful project is dependent on the resources of others combined with the proven commitment of the City. FCT(P2000-3 5 Project: BANANA RIVER PARK Contract #: Project #: 96-062-P7A Tax ID#: OPTION AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made this day of November , 1998, between CEVESCO, INC., a Delaware Corporation, whose address is 211 Caroline Avenue, Cape Canaveral, Florida 32920 as "Seller", and the FLORIDA COMMUNITIES TRUST, a nonregulatoryagency within the Department ofCommunity Affairs, ("Acquiring Agency") whose address is 2555 Shumard Oak Boulevard, Room 310, Tallahassee, Florida 32399, and the CITY OF CAPE CANAVERAL, a municipality within Brevard County, Florida ("Local Government"), whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920-0326. Acquiring Agency and Local Government will be collectively referred to as "Purchaser". 1. GRANT OF OPTION. Seller hereby grants to Purchaser the exclusive option to purchase the real property located in Brevard County, Florida, described in Exhibit "A", together with all improvements, easements and appurtenances ("Property"), in accordance with the provisions of this Agreement. This Option Agreement becomes legally binding upon execution by the parties but exercise of the option is subject to approval by Purchaser and is effective only if Acquiring Agency and Local Government give written notice of exercise to Seller. 2. OPTION TERMS. The option payment is $100.00 ("Option Payment"). The Option Payment, in the form of a state warrant, will be forwarded to Seller upon its receipt by Acquiring Agency from the Comptroller of the State of Florida. The option may be exercised during the period beginning with the Purchaser's approval of this Agreement and the Acquiring Agency's governing body granting project plan approval in accordance with Rule 9K-4.011, Florida Administrative Code, and ending on May 30, 1999, ("Option Expiration Date"), unless extended by other provisions of this Agreement. In the event Acquiring Agency's Purchase Price (as hereinafter defined in paragraph 3.A) is not available by the Option Expiration Date the period of exercise of the option may be extended until such funds become available, not to exceed 60 days after the Option Expiration Date, by written notice to Seller. 3.A. TOTAL PURCHASE PRiCE. The total purchase price ("Total Purchase Price") for the Property is EIGHT HUNDRED THOUSAND and no/100 Dollars ($800,000.00) which, after reduction by the amount of the Option Payment, will be paid by Acquiring Agency at closing to Seller or Seller's designated agent who meets the requirements of Section 253.025, Florida Statutes, in the manner set forth herein. The Total Purchase Price is subject to adjustment in accordance with paragraph 3.13. This Total Purchase price presumes that the Property contains at least 5.1668 total acres, to be confirmed by the Survey, as provided in Paragraph 5. The determination of the final Total Purchase Price can only be made after the completion and approval of the survey required in paragraph 5. This Agreement is contingent upon approval of Total Purchase Price by Purchaser and upon confirmation that the Total Purchase Price is not in excess of the final maximum approved purchase price of the Property as determined in accordance with Rule 9K-6.007, Florida Administrative Code ("Maximum Approved Purchase Price"). Acquiring Agency and Local Government agree that the Local Government shall take fee simple title to all of the Property at the closing notwithstanding that Acquiring Agency is required to pay all of the Total November 12, 1998 96-062-P7A Page 1 Purchase Price in the manner set forth in this Agreement. Conveyance of the Property in fee simple from Seller to Local Government will take place at the closing in accordance with the provisions of this Agreement. The Total Purchase Price is the sole responsibility of Acquiring Agency and the Local Government shall have no obligation under this Agreement to provide any portion of the Total Purchase Price, and Seller slial I have no recourse whatsoever, at law or equity, against the Local Government or the Property relating to the Total Purchase Price. Should the Purchase Price not be available for any reason, Purchaser or Seller may elect to terminate this Agreement by written notice to the parties without liability to any party. 3.13. ADJUSTMENT OF TOTAL PURCHASE PRICE. If, priorto closing,AcquiringAgency determines that the Total Purchase Price stated in paragraph 3.A. exceeds the final Maximum Approved Purchase Price of the Property, the Total Purchase Price will be reduced to the final Maximum Approved Purchase Price of the Property. If the final adjusted Total Purchase Price is less than 90% of the Total Purchase Price stated in paragraph 3.A. because of a reduction in the Maximum Approved Purchase Price of the Property, Seller shall, in his sole discretion, have the right to terminate this Agreement and neither party shall have any further obligations under this Agreement. If Seller elects to terminate this Agreement, Seller shall provide written notice to Acquiring Agency and Local Government of his election to terminate this Agreement within 10 days after Seller's receipt of written notice from Acquiring Agency of the final adjusted Total Purchase Price. In the event Seller fails to give Acquiring Agency and Local Government a written notice of termination within the aforesaid time period from receipt of Acquiring Agency's written notice, then Seller shall be deemed to have waived any right to terminate this Agreement based upon a reduction in the Total Purchase Price stated in paragraph 3.A. 4.A. ENVIRONMENTAL SiTE ASSESSMENT. Seller shall, at his sole cost and expense and at least 30 days prior to the Option Expiration Date, furnish to Local Government and Acquiring Agency an environmental site assessment of the Property which meets the standard of practice of the American Society of Testing Materials ("ASTM"). Seller shall use the services of competent, professional consultants with expertise in the environmental site assessing process to determine the existence and extent, if any, of Hazardous Materials on the Property. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph 4.13.). The examination of hazardous materials contamination shall be performed to the standard of practice of the ASTM. For Phase I environmental site assessment, such standard of practice shall be the ASTM Practice E 1527. If the Findings and Conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants on site. The environmental site assessment shall be certified to Purchaser and the date of certification shall be within 45 days before the date of closing. Acquiring Agency shall reimburse Seller for 50% of the Acquiring Agency approved cost of the environmental site assessment, not to exceed $2,000.00, upon Seller's submission of the necessary documentation to Acquiring Agency which evidences payment in full of the environmental site assessment costs by Seller. This reimbursement is contingent upon a sale of the Property to Purchaser. 4.B. HAZARDOUS MATERIALS. In the event that the environmental site assessment provided for in paragraph 4.A. confirms the presence of Hazardous Materials on the Property, Purchaser, at its sole option, may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. Should Purchaser elect not to term inate this Agreement, Seller shall, at his sole cost and expense November 12, 1998 96-062-P7A Page 2 and prior to the exercise of the option and closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials ("Environmental Law"). However, should the estimated cost of clean up of Hazardous Materials exceed a sum which is equal to 5% of the Total Purchase Price as stated in paragraph 3.A., Seller may elect to terminate this Agreement and no party shall have any further obligations under this Agreement. In the event that Hazardous Materials placed on the Property prior to closing are discovered after closing, Seiler shall remain obligated hereunder, with such obligation to survive the closing and delivery and recording ofthe deed described in paragraph 8. ofthis Agreementand Purchaser's possession ofthe Property, to diligently pursue and accomplish the clean up of Hazardous Materials in a manner consistent with all applicable Environmental Laws and at Seller's sole cost and expense. Further, in the event that neither party elects to terminate this Agreement as provided above, Seller shall indemnify and save harmless and defend Purchaser, its officers, servants, agents and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures orcauses of action ofwhatsoever kind arising from Hazardous Materials placed on the Property prior to closing whether the Hazardous Materials are discovered prior to or after closing. Seller shall defend, at his sole cost and, expense, any legal action, claim or proceeding instituted by any person against Purchaser as a result of any claim, suit, or cause of action for injuries to body, life, limb or property for which Hazardous Materials placed on the Property prior to closing are alleged to be a contributing legal cause. Seller shall save Purchaser harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities in and about any such clai►n, suit, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 5. SURVEY. Seller shall, at his sole cost and expense and not less than 35 days prior to the Option Expiration Date, deliver to Local Government and Acquiring Agency a current boundary survey of the Property prepared by a professional land surveyor licensed by the State of Florida which meets the standards and requirements of Acquiring Agency ("Survey"). It is Seller's responsibility to ensure that the surveyor contacts the Acquiring Agency regarding these standards and requirements and the cost of the Survey prior to the commencement of the Survey. The Survey shall be certified to Purchaser and the title insurer and the date of certification shall be within 90 days before the date of closing, unless this 90 day time period is waived by Purchaser and by the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims of easements not shown by the public records from the owner's title policy. If the Survey shows any encroachment on the Property or that improvements intended to be located on the Property encroach on the land of others, the same shall be treated as a title defect. Acquiring Agency shall reimburse Seller for 50% of the Acquiring Agency approved cost of Survey, not to exceed $5,000.00, upon Seller's submission of the necessary documentation to Acquiring Agency which evidences payment in full of the Survey costs by Seller. This reimbursement is contingent upon a sale of the Property to Purchaser. 6. TITLE INSURANCE. Seller shall, at his sole cost and expense and at least 35 days prior to the Option Expiration Date, furnish to Purchaser a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B") from a title insurance company, approved by Acquiring Agency, insuring marketable title to the Property in the amount of the Purchase Price. Seller shall require that the title insurer delete the standard exceptions of such policy referring to: (a) all taxes, (b) November 12, 1998 96-062-P7A Page 3 unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. Acquiring Agency shall reimburse Seller for 50% of Seller's cost for the owner's title insurance policy required hereunder. Acquiring Agency's reimbursement shall not exceed an amount which is equal to 50% of the minimum promulgated rate permitted by the Florida Insurance Commissioner's rules and regulations. Acquiring Agency shall not be required to reimburse Seller until Seller has submitted the necessary documentation to Acquiring Agency which evidences payment in full of the title insurance cost by Seller and until the final owner's title insurance policy has been received and approved by Acquiring Agency. This reimbursement is contingent upon a sale of the Property to Purchaser. 7. DEFECTS IN TITLE. If the title insurance commitment or survey furnished to Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the defects in title within the time provided therefor, including the bringing of necessary suits. If Seller is unsuccessful in removing the title defects within said time or if Seller fails to make a diligent effort to correct the title defects, Purchaser shall have the option to either: (a) accept the title as it then is with a reduction in the Total Purchase Price by an amount determined by Acquiring Agency, (b) accept the title as it then is with no reduction in the Total Purchase Price, extend the amount of time that Seller has to cure the defects in title, or (d) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. 8. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Local Government a statutory warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do not i►npair the marketability of the title to the Property. The grantee in Seller's Warranty Deed shall be the CITY OF CAPE CANAVERAL. 9. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, and 380.08(2), Florida Statutes. Seller shall prepare the deed described in paragraph S. of this Agreement, Seller's closing statement and the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7842, Florida Statutes, and an environmental affidavit on Acquiring Agency forms provided by Acquiring Agency. Acquiring Agency shall prepare Purchaser's closing statement. All prepared documents shall be submitted to Local Government and Acquiring Agency for review and approval at least 30 days prior to the Option Expiration Date. 10. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to be provided by Seller under this Agreement within 30 days after receipt by Purchaser of all of the required items. Seller will have 30 days thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend the Option Expiration Date. 11. EXPENSES. Seller will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed described in paragraph 8. of this November 12, 1998 96-062-P7A Page 4 Agreement and any other recordable instruments which Purchaser deems necessary to assure good and marketable title to the Property. 12. TAXES AND ASSESSMENTS. All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. In the event the Local Government acquires fee title to the Property between January I and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the event the Local Government acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. 13. CLOSING PLACE AND DATE. The closing sliall be on or before 15 days after Purchaser exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any other documents required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later. The date, time and place of closing shall be set by Purchaser. 14. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Local Government in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction of Local Government prior to the exercise of the option by Purchaser. 15. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with the this Agreement. Seller shall deliver possession of the Property to the Local Government at closing. 16. ACCESS. Seller will provide to Purchaser legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property as a condition to closing, at Seller's sole cost and said access will be in place at closing. 17. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, Purchaser will be entitled to recover reasonable attorney's fees and costs. November 12, 1998 96-062-P7A Page 5 18. BROKERS. Seller warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement required in paragraph 9. Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 19. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the appropriate county or counties. 20. ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event Purchaser will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser. 21. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 22. SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 23. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 25. WAIVER. Failure of Purchaser to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26. AGREEMENT EFFECTIVE. Th is Agreem entor any mod i fication,amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 27. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 28. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. November 12, 1998 96-062-P7A Page 6 29. SURVIVAL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 8. of this Agreement and Local Government's possession of the Property. THIS AGREEMENT IS INITIALLY TRANSMITTED TO THE SELLER AS AN OFFER. IF THIS AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE DECEMBER 1, 1998, THIS OFFER WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT THIS OFFER. THE EXERCISE OF THIS OPTION IS SUBJECT TO: (1) APPROVAL OF THIS AGREEMENT, TOTAL PURCHASE PRICE, ACQUIRING AGENCY'S PURCHASE PRICE, AND LOCAL GOVERNMENT'S PURCHASE PRICE BY PURCHASER, (2) ACQUIRING AGENCY'S GOVERNING BODY GRANTING PROJECT PLAN APPROVAL IN ACCORDANCE WITH RULE 9K- 4.011, FLORIDA ADMINISTRATIVE CODE, (3) CONFIRMATION THAT THE TOTAL PURCHASE PRICE IS NOT IN EXCESS OF THE FINAL MAXIMUM APPROVED PURCHASE PRICE OF THE PROPERTY, AND (4) LOCAL GOVERNMENT AND ACQUIRING AGENCY APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY SELLER. THE ACQUIRING AGENCY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. aoll-�� Witn s as to Seller Wjfness as to Seller SELLER CEVESCO, INC., a Delaware corporation i By; Name: Geor�el H. Firkins, Jr. Its: a uthori zed agent November 12, 1998 96-062-P7A Page 7 F.E.I.D. No. (CORPORATE SEAL) November 20 1998 Date signed by Seller Witness as to Local Government Witness as to Local Government Approved as to Form and Legality By: Date: Witness as to Acquiring Agency Witness as to Acquiring Agency Approved as to Form and Legality By: Ann J. Wild, Trust Counsel Date STATE OF FLORIDA PURCHASER LOCAL GOVERNMENT CITY OF CAPE CANAVERAL By: Name: Its: Attest: (Clerk or Deputy Clerk of Court) (OFFICIAL SEAL) Date signed by Local Government PURCHASER ACQUIRING AGENCY FLORIDA COMMUNITIES TRUST BY: James F. Murley, Chair Date signed by Acquiring Agency November 12, 1998 96-062-P7A Page 8 COUNTY OF BREVARD ) Tile foregoing instrument was acknowledged before me this 20th day of November , 19 98 , by George H. Firkins, Jr, as authorized agent of CEVESCO, INC., a Delaware corporation, on behalf of the corporation. He is personally known to me vK:haxpsodt=d= d�xstiscli�ad�txtzfx�ation and lie did not take an oath. (NOTARY PUBLIC) SEAL �I,otary Public, State of Florida Julia A. Holland (Printed, Typed or Stamped Name of Notary Public) Commission No.. -16- __ <_.-._.,...... My JULIA ION # � r. My Commission Expires: :a WIRES: January 4,19S: Thru Notary PUCW,Unrs!��ii > STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1996, by as of the City of Cape Canaveral, Florida on behalf of the Local Government. He is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: STATE OF FLORIDA ) COUNTY OF LEON ) The foregoing instrument was acknowledged before me this day of 1997, by James F. Murley as Chair of the Florida Communities Trust, on behalf of the Acquiring Agency. He is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: November 12, 1998 96-062-P7A Page 9 EXHIBIT "A" Leial Description The West 250.00 feet of the East 3580.00 feet of the North 900.00 feet of the South 2685.38 feet of section 15, Township 24 South, Range 37 East, the City of Cape Canaveral, Brevard County, Florida. Final legal description to be determined upon receipt of survey as described in Paragraph 5. November 12, 1998 96-062-P7A Page 10 ADDENDUM BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT (OTHER) S i ATE OF FLORI DA ) COUNTY OF BREVARD ) Before me, the undersigned authority, personally appeared George H. Firkins, Jr. , this 20th day of dovember 19 98, who, first being duly sworn, deposes and says: 1) That CEVESCO, INC., a Delaware corporation, whose address is 211 Caroline Avenue, Cape Canaveral, Florida 32920, is the record owner of the Property. The following is a list of every "person" (as defined in Section 1.01(3), Florida Statutes) holding 5% or more of the beneficial interest in the Property: (if more space is needed, attach separate sheet) Name Address Interest ;huford Mills, Inc. P. 0. Drawer 2228 100% (owner of all stock Hickory, NC 28603 in Cevesco, Inc.) 2) That to the best of the affiant's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive real estate commissions attorney's or consultant's fees or any other fees or other benefits incident to the sale of the Property are: Name Address Reason for Payment seorge H. Firkins, Jr. Consulting fee paid 362 Coral Dr., Cape Canaveral, on all sales of 7L 32921 Cevesco, Inc.'s property )wight W. Severs & Assoc., P.A., Title Policy 509 South Palm Ave. , Titusville, FL 32796 )wight W. Severs & Assoc., P.A., Attorney's fees 509 South Palm Ave., Titusville, FL 32796 November 12, 1998 96-062-P7A Page 11 _ Amount u , —� 0 -� $ 4,075.00 Undetermined; hourly rate That, to the best of the affiant's knowledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of affiant) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to City of Cape Canaveral. Name and Address of Parties Involved None Type of Amount of Date Transaction Transaction This affidavit is given in compliance with the provisions of Sections 286.23 and 380.08(2), Florida Statutes. AND FURTHER AFFIANT SAYETH NOT AFFIANT I \ 1 George H. FirQins, Jr. SWORN TO and subscribed before me this 20th day of November , 19 98 , by George H. Firkins, Jr. , as authorized agent of CEVESCO, INC., a Delaware corporation, who is perSonally known to me or who has produced a driver's license as identification and who did take an oath. `4, Notary Public, State of Florida Tulin A Hnllnnd (Printed, Typed or Stamped Name of Notary) Commission No.: My Commission Expires: FLORIDA COMMUNITIES TRUST APPROVED AS TO FORM AND LEGALITY ju—UAA. HOLLAND MY COMMISSION 0 CC 1297 99950 By: I i ppIRES: IanuerY 4AVY puW i M Ann J. Wild, Trust Counsel B°"°°dn""N Date: November 12, 1998 96-062-P7A Page 12 ADDENDUM (CORPORATE/NON-F LORI DA) At the same time that Seller submits the closing documents required by paragraph 9. of this Agreement, Seller —all also submit the following to Purchaser: 1. Corporate resolution which authorizes the sale of the Property to Purchaser in accordance with the provisions of this Agreement and a certificate of incumbency, 2. Certificates of good standing from the Secretary of State of the State of Florida and the Secretary of State of the State of Delaware, and Copy of proposed opinion of counsel as required by paragraph B. below. B. As a material inducement to Purchaser entering into this Agreement and to consummate the transaction contemplated herein, Seller covenants, represents and warrants to Purchaser as follows: 1. The execution of this Agreement and the performance by it of the various terms and conditions hereof, including, without limitation, the execution of all agreements, notices and other documents hereunder, have been duly authorized by the requisite corporate authority of Seller. 2. Seller is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware and is duly licensed and in good standing and qualified to own real property in the State of Florida. 3. This Agreement, when executed and delivered, will be valid and legally binding upon Seller and enforceable in accordance with its terms and neither the execution of this Agreement and the other instruments to be executed hereunder by Seller, nor the performance by it of the various terms and conditions hereto will violate the Articles of Incorporation or By -Laws of Seller. At the closing, Seller shall deliver to Purchaser an opinion of counsel to the effect that the covenants, representations and warranties contained above in this paragraph B. are true and correct as of the closing date. In rendering the foregoing opinion, such counsel may rely as to factual matters upon certificates of other documents furnished by partners, officers, officials and other counsel of Seller, and upon such other documents and data as such partners, officers, officials and counsel may deem appropriate. Witness to Seller Witness as to Seller SELLER CEVESCO, INC., a Delaware corrpporraatio By: Name: GebiVe_H. Firkins. Jr. Its: (CORPORATE SEAL) November 20 1998 Date signed by Seller November 12, 1998 96-062-P7A Page 13 as to Local Government 5s as to Local Government ),-Hued as to Form and Legality ate to Acquiring Agency Witness as Witness as to Acquiring Agency d Legality ApP roved as to Form all By . Trust Counsel Ann 1 •Wild, Date: � NOr1FLCORP •ADD REV 2/94 1998 PURCHASER LOCAL GOVERNMENT Ty OF CAPE CANAVERAL CI By j�lame: Its: Clerk of Court) Attest: or DePuy (Clerk (OFFICIAL SEAL) b Government Date signed y Local PURCHASER ACQU�r1G AGENCY TRUST LORIDA COMMUNITIES F i By.. lviurley, Chair 3ames F ned by Acquiring Agency Date sig Page 14 Meeting Type: Regular ]Meeting Date: December 1, 1998 AGENDA Heading Consideration Item 3 No. Code Enforcement Staff Report AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SETTLEMENT AGREEMENT WITH THE BRUSS ESTATE DEPT./DIVISION: BUILDING DEPARTMENT/CODE ENFORCEMENT Requested Action: City Council consider the Code Enforcement Board recommendation for a settlement agreement with the Bruss Estate. Summary Explanation & Background: See attached staff report Exhibits Attached: Code Enforcement Staff Report City Manager's Office Department Building Department % eG \',.Cape-nt\Common Docunints\agendlt— doc \\cape-nt\cityclerk\cityclk\agenda\regular\1998\action item form.doc MEMO: 11-23-98 TO: BENNETT BOUCHER, CITY MANAGER FROM: GREG MULLINS, CODE ENFORCEMENT OFFICER SUBJECT: CODE ENFORCEMENT BOARD RECOMMENDATION OF REDUCED LIEN AMOUNT IN CASE # 92-31, IDA BRUSS'S PROPERTY AT 8201 CANAVERAL BLVD. In regard to the Code Enforcement Board compliance case listed above, which was held on November 22, 1998 the following is a summary of the hearing: I A 1 r1---1 -- -- --1.------ ^1----'---11nr------- n--`----l1n A/n MEMO: 11-23-98 TO: BENNETT BOUCHER, CITY MANAGER FROM: GREG MULLINS, CODE ENFORCEMENT OFFICER SUBJECT: CODE ENFORCEMENT BOARD RECOMMENDATION OF REDUCED LIEN AMOUNT IN CASE # 92-31, IDA BRUSS'S PROPERTY AT 8201 CANAVERAL BLVD. In raoarrl to the f nrlP FnfnrremPnt Rnnrrl rmmnlianre race licterl nhnNie which wac halrl CITE LOU NO. 92-153 CERTIFIE) NO. P 646 284 0. CYfY OF CAPE CANAVERAL, FLORIDA CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA, CASE NO: 92-�3D1. Petitioner da»r�� 44 c1erk Circuit Court Ncord�d and Verified Brevard County, FL VS. It pg;. -)# Names �1- Trust Fund 1. 6 b Rec Fce 5 e D j IDA A. BRUSS Stamp -Deed ExdssTx______� Respondent Stanrp•tltg IntTz ,� Service Ctig Refund ORDER IMPOSING I'ENAL1'ELIEN �o- THIS CAUSE came on for Public Hearing before the Code Enforcement Board on July 23, 1992, after due notice to Respondent, at which time �j the Board heard testimony under oath, received evidence, and issued its Tl Findings of Fact and Conclusions of Law and thereupon issues its oral d Order which was.reduced to writing and furnished to Respondent. Said Order required Respondent to take certain corrective action by a time certain, as more specifically set forth in that Order. 3 An Affidavit of Non -Compliance, dated October 26, 1992 has been filed with the Respondent by the Code Inspector, which Affidavit certified -�-, under oath that the required corrective action has not been taken as ordered. �VJ Sl Accordingly, it having been brought to the Code Enforcement Board's attention that Respondent has not complied with the Order dated July 23, 1992, and it is hereby IORDERED that the Respondent pay to the City of Cape Canaveral Florida, a fine in the amount of twenty-five dollars ($25.00) on October 27, 1992, and ten dollars ($10.00) for each and every day the violation exists or continues to exist at 8201 Canaveral Boulevard (Lot 1.01, Block 4, Cape Canaveral Beach Gardens, Unit 2, Section 14, Township 24 W South, Range 37 East, Brevard County, Florida), past the date of October -r-- 28, 28, 1992. This order may be recorded and constitute a lien against the co above described property pursuant to Florida Statute 162.09. o DONE AND ORDERED this 22nd day of October . 19 92, at o Cape Canaveral, Brevard County, Florida. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA BY M,94,4 ill • "0 Chairma (.0 I hereby certify that a true and correct copy of the above and foregoing =' Order Imposing Penalty ha's been furnished by certified mail to the �u Respondent and/or Respondent' authorized counsel at P. 0. Box 1016, Cape Canaveral, FL 32920, this 28th day of October, 1992. _. c� By �Ilt7C1/1l . nlnxnurL r Secretary - 1,'� 1. ,'.: ; �; ;fir ��, �•. STATE 6 kLORIDA .. . U� COUNtY 9F'6REVAR� � 1•, •�,� '1� Tftla lal'o asrtlly Ihaf IM ralpplrip'�'� h �6'Irve m4.eWlecY cOPY 01'" • ''!• • '.v lt�w[; mY ,� r of 'af�i�'I S-r� --I� — 5' I Ge Y..Ctl .ol COM OL 90275Pc 113178 11/11/19 = 15:09 4N=_513741- GAMY B. Furse to CRARLX* L%N NA --,a Vixcz.vr G. -rorati; J..? 5 G+rttC,om S. ErANSRW f J. PA=cx ANneusox t LwuaA L. Armaxscm . SIMPAXN .P. Haus-mm. PATRICK F. Ror--cm LISA L. HocREV-8 VIA FACSDvULE 407-783-8193 FFFSE "IASF TCFO'r' FADE 01 FR]uSE, MASH & T0RFY, p 4. A=-roP.YSr3 .1-T I -kw W. Greg Mullins Code Enforcement Officer City of Cape Canaveral P. O. Box 326 Cape Canaveral, FL 32920-0326 9$0 S. F iitt�R CYnr BLva. November 11, 1998 s`7TZ 505 ovax8, F40=.t 829o1 (407) 984-3300 FAX (407) 951-3741 ' Bowna Cnnrarrm rq T.txw-norr • BOA= Csxfiyaa m wu.L,. TAvars aL EerATW ! Bo C—ra-mo rx crv=TRtri law 0 BOAAD Cxtrr &D nr Rn%L EsrA;g L.w § 130ARD CERTZmo -.K Bosrs&sd Lrna.'no, RE: Estate of Ida Bruss, deceased 8201 Canaveral Beach Boulevard Dear Mr, Mullins: It was a pleasure to meet with you on October 14, 1998 at 8201 Canaveral Beach Boulevard to discuss the concerns of the City relative to the condition of the above referenced townhome. As you know, the owner of the townhoine, Mrs. Ida Bruss, died on July 3, 1997. The Salvation Army was nominated to serve as Personal Representative of Mrs. Bruss' estate and they were appointed as Personal Representative on October 2, 1998. A copy of the Letters of Administration issued by the Brevard County Circuit Court is enclosed. Shortly after Mrs. Bruss died, The Salvation Army, who was named as the Executor under Mrs. Bruss's Last Will and Testament (The Salvation Army is also the sole beneficiary of Mrs. Bruss's estate), hired Attorney Howard Mayes of Titusville to probate Mrs. Bruss's estate. Unfortunately, Attorney Mayes' wife was suffering from a terminal illness and, although he kept promising The Salvation Army he would open a probate estate, he failed to do so. Therefore, The Salvation Army had to find another attorney to probate Mrs. Brass's estate and my law final was retained in September of this year to open the probate administration (which has now been completed). The Salvation Army was unaware of the code violations at Mrs. Bruss's home and is now making every effort to clean up the property and eventually sell the borne. The Salvation .Army respectfully requests a foil abatement of the code violation lien against Mrs. Bruss's property. copy of the to afer said L tors remai anti � n l certify -tet tt�,e afcresai6 Letters remain is toil force �, ,`J end effect 33 ,J finis date. Edward J. Richardson SANDY CRAWFORD, rk a c ort Circuit Judge Conformed copy, P Dated tosz1gomonsaa-q •110111/1958 15:79 4075513741 FRESE NASH & TORPY PACE 02 Mr. Greg Mullins November 11, 1998 Page Two Following our meeting, we have had the front awnings removed and have hired a contractor to mow the lawn at regular intervals. We have also hired someone to repair the window. We have had the property inspected by a pest control company and a roofing company. The home has both drywood termites and subterranean termites and we are arranging to have those eradicated. As soon as that is accomplished, we will be installing a new roof with new soffit and fascia. It is the intention of The Salvation Army to maintain the property in a neat and orderly condition until such time as a sale can be consummated. I would appreciate your placing this item on the Agenda for the next Code Enforcement Board meeting and allowing me the opportunity to appear before the Code .Enforcement Board to address any questions they may have concerning my request for abatement. As you may know, all of the proceeds of Mrs. Bruss' estate will be used to further the charitable work of The Salvation Array. So any funds paid to the Code Enforcement Board will only reduce the amount The Salvation Army has for their use in serving the needs of disadvantaged people in the community. Thank you for your assistance and cooperation in this matter. Very truly yours, FRESE, NASH & TORPY, P.A. Stephen P. Heuston SPH/lat Enclosure as stated i'./11f1_�8 15:12 4@715E13741 FRESE NASH & TOPP,' PAGE 01 IN THE CIRCUIT COURT IN AND FOR BREVARD COUNTY, FLORIDA IN RE: ESTATE OF PROBATE DIVISION IDA A. BRUSS a/k/a FILE NO.: As.. , IDA BLANKENSHIP BRUSS, Deceased. LETTERS t9l~ ADMINISTRATION! TO ALL WHOM IT MAY CONCERN: WHEREAS, IDA A. BRUSS, also known as IDA BLANKENSHIP BRUSS, a resident of Brevard County, Florida, died on July 3, 1987, owning assets in the State of- Florida, f Florida, and WHEREAS, COL. DONALD S. FAULKNER, Divisional Commander, THE SALVATION ARMY, has been appointed Personal Representative of the estate of the decedent and has performed all acts prerequisite to issuance of Letters of Administration in the estate. NOW, THEREFORE, 1, the undersigned Circuit Judge, declare COL. DONALD S. FAULKNER, Divisional Commander, THE SALVATION ARMY, to be duly qualified under the laws of the State of Florida to act as Personal Representative of the Estate of IDA A. BRUSS, also known as IDA BLANKENSHIP BRUSS, deceased, with full power to administer the estate according to law; to ask, demand, sue for, recover and receive the property of the decedent; to pay the debts of the decedent as far as the assets of the estate will permit and the law directs; and to make distributions of the estate according to law. WITNESS my hand and the seal of this Court this O '/yjd ay of October, 1998. STATE OF FtCRIDA, COUNTY OF BREVARD I HEREBY CERTIFY that the above nrid foregoing Is a true copy of the original died in this office, and I further ��/ certify that the aforesaid Letters remain In full force end effect a5 ;f this date. Edward J. Richardson SANDY CRAWFORD, rk I C uK Circuit Judge Conformed copyo:Yo Q. Meeting Type: Regular Meeting Date: 12-01-98 AGENDA Heading Ordinances 2"dReading item 4 No. this purpose. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 31-98, VACATION OF A 25 FOOT WIDE RIGHT-OF-WAY LOCATED WEST OF TAX PARCELS 511.1 AND 512.2, RESERVING A PUBLIC UTILITY EASEMENT DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider the adoption of Ordinance No. 31-98 that would vacate a 25 foot wide right-of- way located west of tax parcels 511.1 and 512.2, reserving a public utility easement. Summary Explanation & Background: This petition was submitted by Mr. Tom Vani and was recommended for approval by the Planning & Zoning Board. FPL had concerns about access to their utility pole and Mr. Vani agreed to reserve a utility easement for this purpose. Staff recommends approval. Exhibits Attached: Ordinance No. 31-98/staff correspondence City Man's Office _- Department P&Z/GROWTH MGMT ouncil/meetin 1 - - 8/31-98.doc ORDINANCE NO. 31-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING A TWENTY-FIVE FOOT (25') WIDE RIGHT-OF-WAY LOCATED WEST OF TAX PARCELS 511.1 AND 512.2; RESERVING AN EASEMENT FOR PUBLIC UTILITIES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral has received a petition to vacate and abandon a twenty-five foot (25') right -of-way located west of tax parcels 511.1 and 512.1; and WHEREAS, the twenty-five foot (25') right-of-way lying west and adjacent to this right-of-way was vacated by the City by instrument recorded in Official Records Book 2773, Page 1092, and Official Records Book 2784, Page 178, both of the Public Records of Brevard County, Florida; and WHEREAS, the Council has determined that all owners of the abutting property have joined in the request for this vacation; and WHEREAS, public utilities are presently located with said property; and WHEREAS, the City finds that the best interests of its citizens will be served by the closing, vacating, and abandoning of said property retaining a public utility easement across the north fifteen feet (15') of the east ten feet (10') of said property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, as follows: SECTION 1. That twenty-five foot (25') right-of-way more fully described as follows: City of Cape Canaveral, Florida Ordinance No. 31-98 Page 2 A parcel of land lying in Section 23, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at a point on the West right of way line of State Road No. A -1-A which is 900.25 feet distant North of the South line of said Section 23, and run S.89°30'00"W., parallel with said South line, a distance of 200.00 feet to the POINT OF BEGINNING; thence continue S.89030'00"W., parallel with said South line, a distance of 25.00 feet; thence S.00°22'00"E., parallel with the aforesaid West right of way line, a distance of 150.0 feet; thence N.00°30'00"E., parallel with said South line, a distance of 25.00 feet; thence N.00°22'00"W. parallel with said right of way line, a distance of 150.00 feet to the POINT OF BEGINNING. shall be and is hereby vacated, abandoned, and closed on the effective date of this Ordinance, pursuant to Section 66-36 of the Code of Ordinances of the City, provided, however, that an easement is reserved for public utilities on the north fifteen feet (15') of the east ten feet (10') of said vacated property as described above. The public utilities easement reserved herein is conditioned that any fence erected upon the vacated property by the owner of tax parcel 511.1 shall be replaced or restored to its original condition should any damage occur due to work performed by the public utilities company utilizing said easement. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. SECTION 3. If any provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, district, and independent provision and such holding shall not affect the validity of the remaining provisions of this Ordinance. SECTION 4. This Ordinance shall be effective immediately upon adoption by the City Council of the City of Cape Canaveral Florida. City of Cape Canaveral, Florida Ordinance No. 31-98 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Florida this day of 11998. ATTEST: Rocky Randels, MAYOR Burt Bruns Sandra O. Sims, CITY CLERK Tony Hernandez Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Kohn Bennett, CITY ATTORNEY FOR AGAINST \\Cape-nt\cityclerk\CityClk\Ordinances\Vacating 25 Ft Right -of Way W of Parcels 511.1 and 512.1.doc ity of Cape Canaveral ,FF REPORT TO: Planning and Zoning Board Members. FR: Steven E. Bapp, Planning and Zoning Technician. RE: Vacation a 25 -ft alleyway located to the west of 6799 N. Atlantic Ave (parcel 511. 1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral). Mr. Tom Vani requests a vacation a 25 -ft alleyway located to the west of 6799 N. Atlantic Ave (parcel 511. 1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral). City Staff approves of the vacation. Florida Power and Light does not recommend vacation of the entire alleyway. FPL is concerned about access to a power pole located in the northern portion of the alley. FPL could service the power pole from the north via the Cocoa Palms Trailer Park. The City could also dedicate a 10 -foot easement to allow FPL service the pole. The applicant agrees to pay all fees for the vacation. Cc: Ken Grinstead, Acting Building Official, City of Cape Canaveral File 105 Polk Avenue • Post Office Bog 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fen.state.fl.us/cape/ L9Bf/ atltlew7Jolja,vnseplJOIJ.Dab- .... ....... --- ........... ... .. :sa�ou .................6S6b....e :m 6uiMe�p Je>tJed 'w 1 qoy sain7e7S ePU 07r 4 pia$ Ol )u jntl............................................................................................. 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L ' a dd Duoo soaw A8 6011`� u " O O 8 s 39 0 o = \Zt4 a6Dd ' e E4ZT '2f'O) NVti .SZ u >, X c i o L o M u N 7 t 0 co N N a 7 CC .00,09T ZZo00 S Z • O O � soaw,lT'661 � o M W o O fol _Q s y awl M/114 -PA 4t!M IaIIDJDd g. i? Y I- o N :o _ ,n vvVll s O Y• � N 515# 177JOd XD =o -L n �o 3 0 LU - r- U• u u w h O U N N O d M # 3 a s 0 0 o D. E u 0 L 3 u w L Q Ili N N E E S N � O _ 1 Y N N o u N 8 L Y a V) 8 „ u_ C 'a < < E O O Y Y OY L ' a ° j u) u " O ° s 39 0 o = Y s u >, X c i o L o M u N \ t 0 C1 co 7 CC N CL W 7 N N Aj ZONING Sec. 110-473. Minimum width of courts. The minimum width of a court shall be 30 feet for one-story buildings, 40 feet for two-story build- ings and 60 feet for four-story buildings. For every five feet of height over 40 feet, the width of such a court shall be increased by two feet, provided that open unenclosed porches may project into a re- quired court not more than 25 percent of the width of such court. Nominal insets in the build- ing facade of six feet or less shall be exempt from this section. (Code 1981, § 641.39) Sec. 110-474. Water areas. All areas within the city which are under water and not shown as included within any zoning district shall be subject to all the requirements of the district which immediately adjoins or abuts the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line as projected until they intersect a projected line from other district boundaries. (Code 1981, § 641.41) Cross reference—Waterways, ch. 106. Sec. 110-475. Sidewalks required. (a) Construction of sidewalks shall be required in conjunction with the construction of any build- ing or development on property abutting any paved street, public and private, within the city limits. (b) Sidewalks constructed in residential dis- trict shall be four feet wide, and five feet wide in commercial and all other districts. Sidewalks and concrete aprons will not be required across as- phalt paved driveways, but the asphalt driveways must be maintained in good repair by the prop- erty owner. Sidewalks along State Highway AlA will require a permit from the state department of transportation and shall be five feet wide. (c) Sidewalks being installed on a street within the same block which already has sidewalks or portions of sidewalks installed must conform in width with the existing sidewalks, but not to exceed five feet in width. § 110-477 (d) Sidewalks shall normally abut the prop- erty line, but may be installed anywhere within or without the right-of-way to permit alignment with existing sidewalks or to accommodate trees or other objects which are not desired to be moved, altered or removed. (e) Construction of sidewalks shall be com- pleted prior to the issuance of the certificate of occupancy or final inspection. Costs of construc- tion shall be borne by the property owner. The construction of the sidewalk shall be in accor- dance with the provisions of section 98-92(t) of the Code of Ordinances of the City. (fl Sidewalks contiguous with or a part of the bicycle path system shall provide for a smooth transition between surfaces. (Code 1981, § 641.55; Ord. No. 13-97, § 3, 10-21- 97) Cross reference—Streets, sidewalks and other public places, ch. 66. Sec. 110-476. Dedicated public land. \ Dedicated public streets, walkways, alleys, ac- cessways or easements may be closed or relocated as part of or in conjunction with any private development phase upon an application being made to the city council, after review of and recommendation from the planning and zoning board, and if the application is in the best interest of the city. However, the vacated land shall not be used as acreage for any density calculations. Any request for vacating a dedicated public street, walkway, alley, accessway or easement must be submitted no later than 30 days prior to the planning and zoning board meeting at which it is to be considered. (Code 1981, § 641.57) Cross references—Parks and recreation areas, ch. 54; streets, sidewalks and other public places, ch. 66. Sec. 110-477. Dedicated public easement. No purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board. (Code 1981, § 641.58) Supp. No. 5 CD110:61 (3) a (5) STREETS, SIDEWA IL A`D OTHER PUBLIC PL- CES of under zavm ent 1= ultimately Correct the grantee shall bear the cost of such audit. The city shall have the right, upon rea- sonable notice, to inspect a grantee's in- come records, to audit any and all rele- vant records, and to recompute any amounts determined to be payable under a franchise and this a_T•ticle. In the event that any franchise payment is not received by the city on or before the applicable due date, interest shall be charged from such date at the. stazutcrr; rate for judg_r:ents. In the event a franchise is revoked or otherti-ise terminated prior to its expira- tion date, a grantee Shall file with the cit v, vvithin 90 days of the date of revocation or termination, a vee=ed or, if available, an audited financial statement showing t�:e gross revenues received by the grantee _since the end of t;_e previous year and shall ma'_ke adjuster encs at that time for the franc iise fee_ d=ie up to the date of revccation or ter-:ir_ation. ( '_'�_Cthdnz in t `_ CeCtion .._all 1.._:I_ t e tJ ta_. a -_ar:tee. Cr tc Ccllect anv fee G' C .=T'__ termly e� G la. , a_ dd no f_cr:± a_^_v sup _ cci:_a- ti0n Shall attaCn t0 a Sia -_tee by C= t -is Section. Secs. 66-2-66-25. Reser; ed. .RTICI—E E. STREETS" DIVISIO,_.\_, 1. C_ tiFR.-? LY Sec. 66-26. Civil liability for damage. person is civil' liable to the cit- for the actual damage to a street in the cit-: because of his 'Cross re:erences—=xz�_i_g !i:zr in:c ;,::e:s on:c- :z�. ? 34-11: -_.-c s :c . _._ :es. ch. '-cck,-SU:2suisac- s...:_. �- 30: sic.=•.cau.- _._..�_-:aen:. ;=J''--�- -- --.... zzucc. No. . _ ._-men's a:.__:a-s>c.:c _. 3 I1J-iE9 nEe7i;gent or vrronz ui act. Costs to repair t' --- damage edamage may be recovered by suit, including rea- sonable attorneys' fees, in the collection of the CcstS to repair the damage. (Code 1981, § 501.07) Sec. 66-27. Sneed bu_mos. The use of Sneed bu-mps or. private or public road,,vays or drive•.;ays withi^_ the city is hereby expressly prohibited. Every speed bump la'.ti;ully per.: Itted at the tL—.e of the adoption of this C.iat)ter Which violates or does not COP_.orm to tris Chapter shall be allowed to remain until Such t':me aS t :ev are, LTi the oci :o^_ of tr:e fire Chief or hi= designee, Worn out or the pavement or sur -,ace of the public or private roadway is being repaved or repaired. Speed humps Sha?1 be perrni—LL.ed w.tr.Ln t.^_e prlvate and Du.Clic road,. ays Cf t=ie cit -,7, pro- �i ded they meet t he following recuirernentS: (1) Thev muSt be ccns .:c -.ed to a -minimum _ of 12 Ieet in `r dtn from front to bacii in direction OI rr. __C, li_C'eaSi a- LTi pros;ided that it Shall not exceed tree inCRes S: he at 171S ce: ter. ; ) YlanS --�eed hum) muEz Ce sucmi-ad a` _ -_�•p--owed bthe :_re del:=.. -._en: 'ref_ --e a ! atiGR. a= o cf :H e ' peep Inum : ai_ ': e erect,. -.d cur --u= .G tH e .^-.tate cepanmen: Of ' ^ addition, C't"eP= r a J :'"" C3 for the cor_strucacR of a 5'Jeed hump or. a pL'--P_C st==et if the azzllc nt can C=mon9trate a def-Inable hazar; '.vEl be dimLni-shed by Its installaticn. -NO SUCH sliall be considered ur:: i=less it is accomZi oed b : a petity ion ,_:.� O" e .. b': -at least 75 percent oI the adlaC_nt residents in the a _acted block. 11Gt i—Z here-_ shall abroc_ate the r;_?nt oI the c:tv from erecrLn_ a speed humo on any C:t'. street Should the- C: deem It necessar:. (Or_. bio. 14-96, § i, 6-20-96; Sees. 6o-2A--•�`'6-'= 'erg ed. Sec. 66-36-36. Authority. I Re CIt C^ur-C: :::LCC: to :)rocerr under Contr0l, ma`. in C:screnon ar.0 OF its CTE. F6.5 do" -36 CAPE CODs. o:Yr_ motion or upon the request of any agency of the st6ate, county or of the federal government or upon petition of any person is authorized acid empowered to: (1) Vacate, abandon, discontinue and close any existing public street, allev,,vay, road, highway or other place used for travel or any portion thereof, other than a state, county or federal highway or road, and to renounce and disclaim any might of the city and the public in and to any land in connection therewith; (2) Renounce and disclaim any right of the city and the public in and to any lard or interest therein acquired by purchase, gist, devise, dedication or prescription for street, alleyway, road or highway pur- poses, other than lands acquired for state, county and federal high;, -ays; and (3> Renounce and disclaim any right of the _city and the public in and to land, other -4Y' than land constituting or acquired for a . r. 'state count;. or federal high:vay, det;r_ - eated on anv recorded map or riat as a st eet, ale,,-, ay, road or highway. (Code 1981, § 501.05('_)) Sec. 66-37. Petition for action. '---- request for abai:Con—rient Ci ?"i ,:Lr2EL a._y agency CI tie state, county Cr c. Lae t.'niZ2.2 CLates or eI any person to the Ca+ counCa to ta_Se action small be in w::ting and sha-il be by petition cn a form provided by the cit:. (.Code 1981, § 501.06) Sec. 66-38. Petition procedure. (a) The petition for requests for abandonment of cit,, streets shall be filed with the city clerk. The petition is reviewed by the planning and zoning board. The planning and zoning board shall issue a recommendation_. fib) The plannL-ig and zonir_; board's recommen- aatien shall be presented to the cit-: council for review. The city council shall review the rec:,m- mendaticn and approve or disapprove the peti- ticn. (Code 1981, § 501.07) Sec. 66-39. Ordinance required. Before any such street shall be closed and ,vacated or before any right of interest or the city for public in any land delineated on any recorded map or plat as a street shall be renounced and i ,'disclaimed the city council shall adopt an ordi- nance. The ordinance sha_il be recorded in th7 records of the count-,,. (Code 1981, § 501.06) Secs. 66-40-66-60. Reserved. RTICLL LR. r -_`�'.0 AY=07;S = DIViSIOti L GBS L L'f Sec. 66-61. Penalty. An-; person tiiclatin this a-icle shall, upon c-onviction, for each ofsense be punished as pro- vided Ln section 1-15. (Code 1981, § 727.1-0 Sec. 66-62. Liahilit of 7=s - s'aall, not be cors._ =cs u: C' t.:e C:7 or any c=c:3: or empLo _.e 2-:. liac 1': _ Cr r2s%Cn_ziG1._:. ____ zah_y b_ t:_e pi_ er o=ace GI ..:iC''vaz—.G' :Yor fCr '.y:nC an e:xayaL:G n cer:nn is iSSi eC =der zh1S ar c:e nor sH_zll tae C:t cr alti GSic"', Cr en-:plovee thereof be deemed to have assumed an-,; zuc h 11a-ZLIn or respcn-sibii:t+ because CI inspecticns authonzed under this a:: _icle, the is- . sL'ar_ce GI any permit or the approval of ani excavation work. (Code 1981, § 727.13) Sec. 66-63. Inspections. The ci snail make such i-nspections as are reaScr-a I o . Lv necessa_--: in the enf.rc2r en: of article. (Code 19- 1. § 727, .10) suDo. No. 4 CDC -6:6 'C: o=_s r=C_rances—�.:...�'.e�.._ . - .. --•-- ,...�....: c- Thomas A. Vani, President Michael J. LeBlanc, Treasurer Laura Moffett, Secretar FOUNDERS Fletcher & Leila Sheriff Bernard & LaVonn Simpkins REAL ESTATE DEVELOPMENT, INC. September 29, 1998 City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920-0326 DIRECTORS Jill S. Crouch Catherine S. Goshorn Jan S. Jakubcin Denise S. Porter RE: Vacating of Alleyway at 6799 N. Atlantic Avenue, Cape Canaveral, FL Dear Sir or Madam: We are requesting that the alleyway at the above -referenced property be vacated for the following reasons: I. Currently the alleyway is unused and unkempt and contains a large number of pepper trees which are non-native to the area. 2. If vacated, we would propose to create an additional buffer with native and/or approved plant material. 3. By putting a fence on the back end of the vacated alleyway and grassing and planting, we wuld also create a screen which would shield adjacent properties from our business activities. 4. The area is currently full of trash and no one is responsible for maintaining it. 5. If the city were to vacate this alleyway to us, it would be maintained properly on a regular basis and would present a pleasant appearance from either side of the vacated alleyway. In summary, we would take an overgrown, unkept area prone to be used by vagrants and undesirables and turn it into a landscaped area which would be an improvement for our property and the City of Cape Canaveral. 'ncerely, /J (A-1 T. A. Vani TAV:el 400 High Point Drive, Suite 300 0 Cocoa, Florida 32926 • Telephone: 407/636-0200 0 Fax: 407//36-8406 Thomas A. Vani, PTestderif Michael J. LeBlanc, Treasurer Laura Moffett, Secretary FOUNDERS Fletcher & Leila Sheriff Bernard & LaVonn Simpkins REAL ESTATE DEVELOPMENT, INC. City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920-0326 DIRECTORS Jill S. Crouch Catherine S. Goshorn Jan S. Jakubcin Denise S. Porter September 29, 1998 RE: Statement Regarding Vacating of Alleyway at 6799 N. Atlantic Ave. Dear Sir or Madam: This letter will serve as our statement that if the City of Cape Canaveral vacates the above -referenced alleyway, all costs involved, including but not limited to, engineering, advertising, administrative and recording fees will be paid by S & S Real Estate Development, Inc. incerely, T. A. Vani TAV:el 400 High Point Drive, Suite 500 • Cocoa, Florida 32926 9 Telephone: 407/636-0200 0 Fax: 407/636-8406 ALBERT J. FRANCIS 319 JACK DRIVE COCOA BEACH, FL. 32931 7$3-4600 July 28, 1998 City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920 RE: Alleyway, 6799 N. Atlantic Ave., Cape Canaveral, FL Vacating of Property Sirs: As owners of the above -referenced property and in accordance with the executed Contract for Sale and Purchase under which S & S Real Estate Development, Inc., a Florida Corporation, is the Buyer, the undersigned do hereby designate T. A. Vani, President, S & S Real Estate Development, Inc., as our agent to act on our behalf in all matters concerning the request for City of Cape Canaveral to vacate alleyway located to the west of 6799 N. Atlantic Avenue (Lot 511. 1, Section 23, Township 24S, Range 37 E., City of Cape Canaveral). A �fe( Albert J. Francs v State of Florida County of Brevard i' Elizabeth A. Francis, his wife Personally appeared before me this day of , 1998, Albert J. Francis and Elizabeth A. Francis, his wife who provided r g e_,o_ 1�z as identification and who executed the foregoing document. K,rx� EP.E_.kJ S LE?ORI of Fiorida �'1 C .T. �.. Mardi 1, 190 •.12751 C°so . , .�� ;.r. ay Ade ROOUC, LD. Notary Public Thomas A. \'ani, Presiders Michael J. LeBlanc, TTea>?(%T Laura \,loffert, .SCC7Ctar FOL.�DERS Fletcher & Leila Sheriff Bernard & LaVonn Simpkins REAL ESTATE DEVELOPMENT, INC. June 17, 1998 Virginia D. Eberwein, Trustee Elizabeth Eberwein et al P. O. Box 477 Cape Canaveral, FL 32920-0477 RE: 6799 N. Atlantic Avenue, Cape Canaveral Dear Ms. Eberwein: DIRECTORS Jill S. Crouch Catherine S. Goshorn Jan S. Jakubcin Denise S. Porter As the Buyers of the above -referenced property, we are requesting that the City of Cape Canaveral vacate the alleyway to the west of the property. As an adjacent property owner, we are requesting that you approve this vacation request. Our intent is to clean up, landscape and maintain a more aesthetic area. Please indicate your approval by signing the enclosed letter and having it notarized. 'When this has been done, please call me at 636-0200 and I will make arrangements to pick the letter up from you or you may return it in the enclosed self-addressed stamped envelope. Thank you for your cooperation. If you have any questions, please feel free to contact me. 'ncerely, T. A. Vani TAV:el Enc. 400 High Point Drive, Suite 500 • Cocoa, Florida 32926 • Telephone: 407/636-0200 0 Fax: 40i/636-8406 Thomas A. Vani, Presrdenc Michael J. LeBlanc, Trea trer Laura Moffett, Secrccar, FOUNDERS Fletcher & Leila Sheriff Bernard & LaVonn Simpkins REAL ESTATE DEVELOPMENT, INC. July 16, 1998 Virginia D. Eberwein, Trustee Elizabeth Eberwein et al P. O. Box 477 Cape Canaveral, FL 32920-0477 RE: 6799 N. Atlantic Avenue, Cape Canaveral Dear Ms. Eberwein: DIRECTORS Jill S. Crouch Catherine S. Goshorn Jan S. Jakubcin Denise S. Porter On June 17, 1998 I sent you a letter (copy enclosed) regarding our request for the City of Cape Canaveral to vacate the alleyway to the west of the above -referenced property. To date we have not received your reply. Your consent is required in order for the City to vacate this alleyway making it possible for us to proceed with the improvements we wish to make. Your cooperation in signing the approval letter and returning it to me would be very much appreciated. inc rely, T. A. V ani TAV:el Enc. Via Certified Mail— RRR 400 High Point Drive, Suite 500 0 Cocoa, Florida 32926 0 Telephone: 407/636-0200 0 Fax: 40-1/636-8406 Date: 30, 1998 City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Alleyway, 6799 N. Atlantic Avenue, Cape Canaveral, Florida Sirs: I hereby approve the request of S & S Real Estate Development, Inc. for the City of Cape Canaveral to vacate the alleyway to the west of 6799 N. Atlantic Avenue. 5c.,. 11:2— Ca l6 r-,e�`rz t Property Owner: Property Address: 1q,96 Xk. A¢-&.7-1/`c.14Ve— 1-7o y CG Go c�e�G� FL 3 Z-cl3 I State of Florida County of Brevard Personally appeared before me *hss .fin day ofV3 , 1998, Kwt Teze,) who provided as indentification and who executed the foregoing document. Notary Public r�, F,(" ; e: Margaret C. Davis I <; Notary Public, State of Florida Commission No, CC 486633 f fmMy Commission Expires 14/23/99 ; < i -800.3 -NOTARY • Fla. NouKy Smite Q Bonder Co. October 14, 1998 Mr. Ken Grinstead Acting Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Review Comments for Vacation of 25 foot alley located to the west of 6799 N. Atlantic Ave. (Parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral, FL) SSA Job No. 98107 Dear Ken: Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) has received and reviewed the application for vacation of a 25 foot alley located to the west of 6799 N. Atlantic Ave. parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral, FL. Following are SSA's concerns and comments. 1) It is recommended that The City of Cape Canaveral require a title commitment be provided by the requester. The title commitment should be reviewed to ensure that there are no reversionary rights to the 25 foot alley to be vacated. 2) For your information portions of the right of way as recorded in official Records Book 1243, Page 642 has already been vacated by the City of Cape Canaveral. This vacation was recorded in Official Records Book 2773, Page 1092 and Official Records Book 2784, Page 178 all of the Public Records of Brevard County, FL, City Resolution No. 87-1.(See attached copy of Assessment Map) 3) The right of way is undeveloped and un -cleared as of October 13, 1998. 4) A legal description and sketch of the vacated property shall be provided to the City. 5) Any existing utilities on the property shall be located by the Owner and furnished to the City. If utilities are located then the proper utility company shall also review and approve request. SSA can recommend approval of this vacation subject to the City receiving the Title Commitment, Description and utility information above. If you have any further questions regarding this letter, please contact our office. Sincerely, John A. Pekar, PE David Roy Jones, P S Vice President, Project Manager Project Reviewe STOTI'LER STAGG & ASSOCIATES ARCHITECT'S • ENGINEERS* PLANNERS, INC. 8680 ;North Atlantic Avenue d:ta.%oroiectslcaoe'J-vacate rw woe Wistdoc P. 0. Box 1630 Cape Canaveral, Florida 32920 Te! 407.78 1320 Fax 407-7K,7065 L:c. #AACn00329 #EBUTA762 #LB0006700 "Great To Work For... Greater To Work With" MEMORANDUM TO: Ken Grinstead Acting Building Official FROM: Ed Gardulski-0 Public Works Director DATE: October 14, 1998 RE: Vacation of Sewer Easement Reviewed the easement located to the west of 6799 N. Atlantic Ave, parcel 511. 1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral. Did not find any current or future need of this _easement by the City of Cape Canaveral. As Public Works Director, I concur with the vacation of the 25 -foot alley. 270 Pioneer Rd., Merritt Island, FL 32953 FPL October 15, 1998 City of Cape Canaveral P.O. Box 326 Cape Canaveral, Fl. 32920-0326 Attn: Steven E. Bapp, Planning & Zoning Re: Vacation a 25 foot Alley located to the west of 6799 N. Atlantic Ave. (Parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral) Dear Mr. Bapp: FPL has facilities located in the referenced 25 -foot alleyway west of 6799 N. Atlantic Ave. The facilities are shown in the enclosed survey, which was provided to FPL by the City of Cape Canaveral. The FPL facilities provide electric service to the adjacent properties. FPL objects to vacating the alleyway and request that the City does not vacate the entire 25 -foot alleyway. Sincerely, Dot Fischer Construction Designer Cc: Ken Grinstead, Acting Building Official, City of Cape Canaveral, Fl. Encl: (1) an FP'_ Groi:p company Y , City of Cape Canaveral CITY OF CAPE CANAVERAL October 22, 1998 S & S Real Estate Development, Inc. ATTN: Mr. T. A. Vani 400 Hiah Point Dr., Suite 500 Cocoa, FL 3292 Re: Vacation a 25 ft alleyway located to the west of 6799 N. Atlantic Ave (parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral). Dear Mr. Vani, You are scheduled for an appearance before the City of Cape Canaveral Planning and Zoning Board on October 2S h, 1998. The board will review your request for the vacation of the 25 -ft alleyway located to the west of 6799 N Atlantic Ave, Cape Canaveral, FL. FLP objects to the vacation of the entire 25 -ft alleyway in order to maintain service to a power pole (in the northern portion of alley). Please review the staff comments enclosed with this letter. I have also enclosed the engineering fees associated with this vacation request. Please submit payment for these fees to the City of Cape Canaveral Finance Department prior to final review by the City Council. Sincerely, teven E.app Planning and Zoning Technician City of Cape Canaveral CF: Ken Grinstead, Acting Building Official, City of Cape Canaveral File 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ o m Tax Parcel #515 NE T W y � Pr45 to n a C C7 = T p (Ry parallel with West R/W line " a. O v 149.11' meas 5.00°22'00"E. , 150.00' N CO U a uTr 25' R/W (O.R. 1243, Page 642) 149.80' mem - - �+ N.00°22'00"W., 150.00' m ' 110.00 40.00' R parallel with West R/W line i -n g +cn au ,o m r � layo gym. A G ,y Tax Parcel #511.1 N uni w N C g, Z s v ton > ^ i31i ��i i s ys. ~ Z 3 -.$ " [�i�� a l a `� a ip 0. A -!10 '< b OL 3.g E.g,k� H "a X _° O �- o �, w" o m B(�_%i't t 9E " C o s a 8 ^ 3 � r^ Pon e g Q € 111 ; ai ti. S y 9 ti � y� N F (% 1 c O d 0 a j} Ed 'sS E k s n U p K Z N N O a l 1a tt• 4 Y S O � S aOQ�o A f 5 9 GG �. UT S D 7 ? 9 O T 2 E� , H WCa �m N WN I Z g8Q cr Z , - :s o " a 5.00.22'00 -E. ? o s o ` x m a a -°c T N> m A West right of way line 0 7 a cOn°� v g n O o os azo a W o " State Road No. A -1- A s c10, N H s o S 100' right of way - asphalt paved y *T c O �_ O c O 7 V j♦ 0 2" G 3 8N o a O pN Ft SCaIi V= NY O ,Ci ?�.�M8 n G -• w Sy tNsrn c m 7 y 8 S C �. S fl M w O > a prepared for and certified to the exclusive use of: r . m e pa a ka rd a assoc.. Inc. 58t5 RENTALS surveying & mapping 1007 Rockledge Drive Rockledge, Florida 32955 tel: (407) 63 • fax: (407) 631-7392 10/6/98 Boundary 98-481 not ra wl out Inst sipna a seat date/ job: ........................................................................................... / 11/6/98 FPL Ease. 98-527. I ereby certify t t this ev w made un r my ............................................................................................. rection and sup Ision: d that It Bets or exc ds the � 1 mum technl stand s set fort by the Flor : Board ................................................................... I......................... surveyors Ma ers In Cha ter 061 -b. FAC, s e a l ............................................................................................. p r uant to s to orida 5 Lutes. ........I........................''......................................................... r Ito h M. Pa a , P.S.M. , drawing #: B-...4959 ................ notes: ......files.............................. Req. Florida su e r a Mapper 03867 r. m. pac ka rd & assoc., inc. surveying & mapping 1007 Rockledge Drive Rockledge, Florida 32955 tel: (407) 632-6335 • fax: (407) 631-7392 Florida Power & Light Co. Easement (within 25' Vacated R/W West of Tax Parcel #511.1) description: The North 15 feet of the East 10 feet of the following described parcel: A parcel of land lying in Section 23, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at a point on the West right of way line of State Road No. A -1-A which is 900.25 distant North of the South line of said Section 23, and run 5.89030'00"W., parallel with said South line, a distance of 200.00 feet to the POINT OF BEGINNING; thence continue 5.89°30'00"W., parallel with said South line, a distance of 25.00 feet; thence 5.00°22'00"E., parallel with the aforesaid West right of way line, a distance of 150.00 feet; thence N.89030'00"E., parallel with said South line, a distance of 25.00 feet; thence N.00022'00"W., parallel with said right of way line, a distance of 150.00 feet to the POINT OF BEGINNING. Prepared for: 5&5 Rentals Date: November 5, 1998 NOTE: this description to accompany R.M. Packard & Assoc., Inc. "Sketch of Survey", drawing #b-4959, dated 10/6/98. The "Dimes Puhli.ched Weekly on Weelne.crl:ry The Tribune Puhlishccl Weekly off Wc(hncsohf t• The Star Advocate_ __ The Bay Bulletin Published Weekly on Wednesday ` , I, Published Wee lr on Wednesday i` ,. • Published Deily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared LIS SWANSON oath says that she is LEGAL ADVERTISING CLERK of 1he FLORIDA TODAY Florida; that the attached Copy of advertising being a rn the who on . a newspaper published in Brevard County. LEGAL NOTICE in the matter of CITY OF CAPE CANAVERAL Court NOTICE OF PUBLIC HEARING ORDINANCES 31-98 AND 32-98 was published in the FLORIDA TODAY NEWSPAPER in the ssues of NOVEMBER 21, 1998 Affiant further says that the said FLORIDA TODAY NEWSPAPER s a newspaper published in said Brevard County, Florida. and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entereeas second class mail matter at the post office in 'MELBOURNE said Brevard County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any Person. firm or corporation any discount, rebate. Commission or refund for the purpose of securing this advertisement for publication to said newspaper. (Signature of : lianf) Sworn to and subscribed before me this 21 _day of NOVEMBER 19-2-8 .Ry �, OFFICIAL UOTARYSE� (Signalurc of No(ary Public) AL LINDA L BRAD; - LINDA L. _B_RAUD cc6405a4 -�r--- ;FFG ABY CCWM n(i �Xi71'iL-^ A (Name of Nof:uy Typrlcl, Printed or $tamped) - - >F F1.G An Personally Kuown____--- or Produced ldeniowm.un Type of Idenlil,C;W un Produced TO-LE3850-1 T-11 /21,1991 -Sat. NOTICE OF PUBLIC HEARING The City Council of the City of 1 Cape Canaveral, Florida will hold I a Public -Hearing for the purpose Of enacting Ordinance No. 31-981 and Ordinance No. 32-98 at the City Hail Annex, 111 Polk Ave- nue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, December 1, 1991. The ordinances in their entirety May be Inspected of the Office Of the City Clerk during regular working hours III a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 31-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND - ABANDONING A TWENTY- FIVE FOOT (251) WIDE WEST OF TAX PARCELS 5111 EAN512.2; RESERv ASEMENT FOR PIUBLIC UTILITIES; REPEALING PROR I- r NANCES� PROVIDING NG FOR SEVERABILITY; AND PRO- , VIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.32-11111 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING THAT CER- TAIN EWER BA EM NT LYIN FOOT NG )A ROSS TAX PARCELS 511.1 AND 12.1, AS DEDICATED By IN- STRUMENT RECORDED AT OFFICIAL RECORDS BOOK 1 1189, PAGE 380, PUBLIC RE- CORDS OF BR RD COUN- TY, FLORIDA; REPEALING RI POR INCONSISTENT ORDI- NANCES: PROVIDING FOR SEVERABILITY; qND PRO- VIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a per- son decides to appeal any deci- sion made by the City Council with respect to any matter con- sidered at this meeting, that per- son will need a record of the pro- ceedings, and for such purpose that person may need to ensure that a verbatim retard of the pro- ceedings is made, which record Includes the festimonfe and evi- dence 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 Inadmissible or irrel- au- thorize challenges Or appeals not I Otherwise allowed by law. Per- . sons with disabilities needing as- sistance to participate in any of these proceedings should contact ; the City Clerk's office (868-1221) ; 48 hours in advance of the d meeting. Sandra Rexar Sims, CMC City Clerk Meeting Type: Regular Meeting Date: 12-01-98 AGENDA Heading Ordinances 2nd Reading Item 5 No. Staff recommends approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 32-98, VACATING A SEWER EASEMENT LYING ACROSS TAX PARCELS 511.1 AND 512.2 DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider the adoption of Ordinance No. 32-98 that would vacate a sewer easement across Parcels 511.1 and 512.2. Summary Explanation & Background: This petition was submitted by Mr. Tom Vani and was recommended for approval by the Planning & Zoning Board. Staff recommends approval. Exhibits Attached: Ordinance No. 32-98/staff correspondence City Mans Office Department P&Z/GROWTH MANAGEMENT 9 C ncil/meetin /32-98.doc ORDINANCE NO. 32-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING THAT CERTAIN TEN FOOT (10') SEWER EASEMENT LYING ACROSS TAX PARCELS 511.1 AND 512.1, AS DEDICATED BY INSTRUMENT RECORDED AT OFFICIAL RECORDS BOOK 1189, PAGE 380, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral has received a petition to vacate and abandon that certain ten foot (10') sewer easement located across tax parcels 511.1 and 512.1, as dedicated by instrument recorded at Official Record Book 1189, Page 380, Public Records of Brevard County, Florida; and WHEREAS, the Council has determined that portions of the sewer easement lying north and south of said tax parcels have been previously abandoned; and WHEREAS, no public utilities are presently located within said easement, and the City has no intention to utilize said easement for said purpose; and WHEREAS, the City finds that the best interests of its citizens will be served by the closing, vacating, and abandoning of said easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, as follows: SECTION 1. That easement in favor of the City lying across tax parcels 511.1 and 512.1, as described in that instrument recorded at Official Records Book 1189, Page 380, Public Records of Brevard County, Florida, shall be and is hereby vacated, abandoned, and closed on the effective date of this Ordinance. City of Cape Canaveral, Florida Ordinance No. 32-98 Page 2 SECTION 2. All ordinances of parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. SECTION 3. If any provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining provision of this Ordinance. SECTION. 4. This Ordinance shall be effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Sims, CITY CLERK Tony Hernandez Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Kohn Bennett, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Ordinances\Vacating 10 Ft Sewer Easement on Parcels 511.1 & 512.1.doc ty of Cape Canaveral FF REPORT TO: Planning and Zoning Board Members. FR: Steven E. Bapp, Planning and Zoning Technician RE: Vacation a sewer easement located on the eastern portion of 6799 N. Atlantic Ave (parcel 511. 1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral). Mr. Tom Vani requests a vacation a sewer easement located on the eastern portion of 6799 N. Atlantic Ave (parcel 511. 1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral). This easement has not been used, nor is there any plan to use this easement in the future. City Staff and Florida Power and Light approve of the vacation. The applicant agrees to pay all fees for the vacation. Cc 7 Ken Grinstead, Acting Building Official, City of Cape Canaveral/, File 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ ZONING Sec. 110-473. Minimum width of courts. The minimum width of a court shall be 30 feet for one-story buildings, 40 feet for two-story build- ings and 60 feet for four-story buildings. For every five feet of height over 40 feet, the width of such a court shall be increased by two feet, provided that open unenclosed porches may project into a re- quired court not more than 25 percent of the width of such court. Nominal insets in the build- ing facade of six feet or less shall be exempt from this section. (Code 1981, § 641.39) Sec. 110-474. Water areas. § 110-477 (d) Sidewalks shall normally abut the prop- erty line, but may be installed anywhere within or without the right-of-way to permit alignment with existing sidewalks or to accommodate trees or other objects which are not desired to be moved, altered or removed. (e) Construction of sidewalks shall be com- pleted prior to the issuance of the certificate of occupancy or final inspection. Costs of construc- tion shall be borne by the property owner. The construction of the sidewalk shall be in accor- dance with the provisions of section 98-92(t) of the Code of Ordinances of the City. (f) Sidewalks contiguous with or a part of the All areas within the city which are under water bicycle path system shall provide for a smooth and not shown as included within any zoning transition between surfaces. district shall be subject to all the requirements of (Code 1981, § 641.55; Ord. No. 13-97, § 3, 10 -21 - the district which immediately adjoins or abuts 97) the water area. If the water area adjoins two or Cross reference—Streets, sidewalks and other public more districts, the boundaries of each district places, ch. 66. shall be construed to extend into the water area in - a straight line as projected until they intersect Sec. 110-476. Dedicated public land./ projected line from other district boundaries. (Code 1981, § 641.41) Cross reference—Waterways, ch. 106. Sec. 110-475. Sidewalks required. (a) Construction of sidewalks shall be required in conjunction with the construction of any build- ing or development on property abutting any paved street, public and private, within the city limits. (b) Sidewalks constructed in residential dis- trict shall be four feet wide, and five feet wide in commercial and all other districts. Sidewalks and concrete aprons will not be required across as- phalt paved driveways, but the asphalt driveways must be maintained in good repair by the prop- erty owner. Sidewalks along State Highway AIA will require a permit from the state department of transportation and shall be five feet wide. (c) Sidewalks being installed on a street within the same block which already has sidewalks or portions of sidewalks installed must conform in width with the existing sidewalks, but not to exceed five feet in width. Dedicated public streets, walkways, alleys, ac- cessways or easements may be closed or relocated as part of or in conjunction with any private development phase upon an application being made to the city council, after review of and recommendation from the planning and zoning board, and if the application is in the best interest of the city. However, the vacated land shall not be used as acreage for any density calculations. Any request for vacating a dedicated public street, walkway, alley, accessway or easement must be submitted no later than 30 days prior to the planning and zoning board meeting at which it is to be considered. (Code 1981, § 641.57) Cross references—Parks and recreation areas, ch. 54; streets, sidewalks and other public places, ch. 66. Sec. 110-477. Dedicated public easement. No purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board. (Code 1981, § 641.58) Supp. No. 5 CD110:61 STREETT SIDEM? yc ;D OTHER PUBLIC PL_ C=S of u_-nderpati%.ent is ultimately correct. the grantee shall bear the cost of such audit. (3) The city shall have the right, upon rea- sonable notice, to inspect a grantee's in- come records, to audit any and all rele- vant records, and to recompute any amounts determined to be payable under a franchise and this a--ticle. in the event that any franchise payment is nor received by the city on or before tide applicable due date, interest shall be charged from such date at the statutor: rate for judzments. 5 J In the event a O anc?lse is revoked or other -,vise terminated prior to its expira- tion date, a grantee shall file with the city. within 90 days o: -:he date of revocation or to=ination, a verified or, if available, az audited financial state: Hent showing the gross revenues received by the grantze c - since the end of t. -,e previous year and sr_all make adjuz-z e.^.:s at tHat time for the franchise fees due up to the date of revocation cr t.._._._.a:icn. �.�. �'�.G--in g L. t:�'j _eCt:G i sisal. 1i_:_it -_..- _cQct an: ice Or charge permi-.ed by law, and no lm :;L':_- ._cIn any sL1C oCli_ - z`on shall at..ac : a n _ grantee C' . .0 w_ zits section. .Ord. -No. 4-9 ! 3 1 Secs. 60-2-06-25. Reser: ed. ARTICLE 12 STREETS* DIVISIOti 1. C ^ tiER- Ly Sec. 6026. Civil liability for damage. Any person is cn-,iily Viable to the city for t e actual damage to a -eet in the city because of GA 'Cross references—Swee- _5 !:_ - ._:o _-cera . z: c a:.. ...:2s. .nick :�:U. asr—C3C- 3 V46 negligent Or W-OP._._l1 act. Costs to repair t ne damage may be recovered by suit, including rea- sonable attorneys' fees, in the collection, of the ccsts to repair the damage. (Code 1981, S 501.07) Sec. 66-277. Speed bumps. The use of speed bu_nps on private or public roadways or drive=rays witnin the c` hereby city i. expressly prohibited. Every speed bump lawLlly permitted at the L.iie of the adoption of this chapter which violates or does not confor:n to this chapter shall be allowed zo rema,Ln until such ti-ne as they are, in the cPimicn of the fire chief or P!s designee, worn- Out or t.,e pavement or surface of the public or private roadway is being repa`:ed or repaired. Speed humps s=hall be permitted w-it:�-i Lige private and public road- ays 02 the ci:y. oro- ded the; :-eel the foLow%ng requirements. (1) They must be consttz icted to a minim, of 12 feet in 'r_dtn from front to bass in, direction c: tra:c.c, increasing in height provided that it shall not exceed time inches 1-n h_ : at its center. 2) Plans depict- - the s�,eed hump ~lust s .ibmi zed and z7aapproved Icy the ,_re depa-: e^. cefCre inszailarion. _ si h a Gi the speed hurap s erected pun -iia_^.. to the state depa--men: of Lanz-p)r•-at.= in a ddidoM cai__.__ may ^etition the ci- CO__- cii fcr the constr:c cr_ of aspeed hlir_p or. a Qublic street if toe app_ tic iitVcan demonstrate that a definable hazard x-_11 be dimLnisi_ed by its s,allaticn. - o ss -cc: request _hall be ccnsidered unless it is accomp hied ` r. ' - ,..2-v_.. ' a".e..LiOP. si'_r_'_ed by -at least i.5 percent oI the adiacent residents Ln the a=ected block. Niot �tere-. shall abrogate the right of the city frorn erecting a speed hump on any cit_ street should the c:+ deem it necessary. - (Ord. o. 14-96, § 1, 8-20-96) Secs. 66-2S-66-35. Reserved. jD77ISION 2. -�-EA_NTIDON'NIENT Sec. 60-36. �uthor'ty . %e city co -unci.,. ,; --... =,Les: to proper:,.- under its control. rnav in ._„ own discretion and of its Sup_ 14. . C16±5 CAPE CAN A7. EF :? CODE 07i -M motion or upon the request of a_^_y agency: of the state, county or of the federal government or upon petition of any person is authorized and empowered to: (1) Vacate, abandon, discontinue and close any e0sting public street, alleyway road, highway or other place used for travel or any portion thereof, other than a state, county or federal highway or road, and to renounce and disclaim any right of the city and the public in and to any land in connection therewith; (2) Renounce and disclaim any right of the city and the public in and to any lard or interest therein acquired by purchase, a ft, devise, dedication or presc:-ption for street, alley.vay, road or l,:i_h nay pur- poses, other than lands acquired or state, county and federal highways; and (3) Renounce and disclaim any right of the cit, and the public in and to land, ether than land constituting or accuirad for a state, county or federal Hig-'_way, deIin_ eared on any recorded map or plat as a street, alley, way, road or hi _h -,v ay. (Code 1981, § 501.05(.:I_)) `ec. 6o-37. Petition for action. The request for aDa_don ;7enc oI any smec by any a_enc', oI the sate, county or o e j..r._ed Scares or of way person to the cit: council to take action shall be in w,:ting and shA�l be by petiricn o _ on a form provided by the cit:. (Code 1931, § 501.06) Sec. 66-38. Petition procedure. (a) The petition for requests for abar:donment of city streets shall be filed with the city clerk. The petition is reviewed by the planning and zoning board. The pla ming and zoning board shall issue a recommendation. (b) The planning and zoning ',-card's reccr ,rnen- 'anon shall be presented to the city opus^soil fcr evew. The city council shall re ::e .y :he recrm- -._endaticn and approve or cisapp_ ro--= t e peti- ticr_. (Code 1981, , § 501.07) No. 60"-39. Ordinance required. Before any such street shall be closed and vacated or before any right of interest or the city or public in any land delineated on any recorded map or plat as a street shall be renounced and disclaimed, the city council shall adopt an ordi- nance. The ordinance shall be recorded in the records of the county. (Code 1951, § 501.06) Secs. 66-40-66-80. Reserved. ARTICIT III. EXCAN T IONY DIVISION 1. Grp; R- M See. 66-61. Penalty. _=ny person violating this article shall, upon corer c^on, for each offense be pu_nlsned as pro - hided in sect -:on 1-15. (Code 1981, § , 27. 1 ) Sec. 66-62. Liability of c _-:. T�ii,E _- _ act be cc-.st ,: .. as_ upon the d7l or any 0:=:^_:..1 or empioyee liacility or r _ pon_s.o211tv for famages toar: per _on injured by the pe:ionna,_ce c- =sic: at:on or ` 1ilcn an excayanon permit, is issued uncle_ this article nor A& the C: or any c0dal or employee thereof be deemed to have assumed any such liabLity or respcnsibilit_: because of inspections authorized under this article. _ e is- suance of any permit or the apFr3vai of any excavation work. (Code 1981. § 727.13) Sec. 66-63. Ins-pections. The city shall make such L_ -pec :ores as a_ -a reasonably necessar-.- in the erfcra r ent of this a-icle. (Code 1931 § 727.10) Supp. No. 4 CDW6 'Cross r ____ ences Qiicies, :n. ' _. sins_ _._c...._ _c- _Ode adop _ , ? 32.296 _- _e^ _=._._. :amr .-- n ^.en.. J-..7 _. ee_. Thomas A. Vani, President Michael J. LeBlanc, Treasurer Laura Moffett, Secrerar, FOUNDERS Fletcher & Leila Sheriff Bernard & LaVonn Simpkins REAL ESTATE DEVELOPMENT, INC. September 29, 1998 City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Vacating of Sewer Easement at 6799 N. Atlantic Avenue, Cape Canaveral, FL Dear Sir or Madam: DIRECTORS Jill S. Crouch Catherine S. Goshorn Jan S. Jakubcin Denise S. Porter We are requesting that the 10 foot sewer easement across the above -referenced property be vacated as it has never been utilized and there are no plans to do so in the future. We would be most appreciative if the City would vacate this sewer easement which is unnecessary and encumbers the property. cerely,� L3r6L 1 . 4tk_�' T. A. Vani TAV:el 40O High Point Drive, Suite 500 0 Cocoa, Florida 32y_'!, • Telephone: 407/636-0200 • Fax: 40;%636-8406 Thomas A. Vani, President :Michael J. LeBlanc, Treasurer Laura Moffett, Secretan FOUNDERS Fletcher & Leila Sheriff Bernard & LaVonn Simpkins REAL ESTATE DEVELOPMENT, INC. City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920-0326 DIRECTORS Jill S. Crouch Catherine S. Goshorn Jan S. Jakubcin Denise S. Porter September 29, 1998 RE: Statement Regarding Sewer Easement at 6799 N. Atlantic Ave. Dear Sir or Madam: This letter will serve as our statement that if the City of Cape Canaveral vacates the above -referenced sewer easement, all costs involved, including but not limited to, engineering, advertising, administrative and recording fees will be paid by S & S Real Estate Development, Inc. /S'ncerely, _ L� T. A. Vani TAV:el 400 Hieh Point Drive, Suite 50C 0 Cocoa, Florida 12926 • Telephone: 40:/636-0_100 0 Fax: 407/636-8406 ALBERT J. FRANCIS 319 JACK DRWE COCOA BEACH, FL 32931 7$3-4600 September 29, 1998 City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920 RE: Vacating of Sewer Easement, 6799 N. Atlantic Ave., Cape Canaveral, Florida Sirs: As owners of the above -referenced property and in accordance with the executed Contract for Sale and Purchase under which S & S Real Estate Development, Inc., a Florida Corporation, is the Buyer, the undersigned do hereby designate T. A. Vani, President, S & S Real Estate Development, Inc., as our agent to act on our behalf in all matters concerning the request for City of Cape Canaveral to vacate 10 foot sewer easement (Official Records Book 1189, Page 380) running north to south across property located at 6799 N. Atlantic Avenue (Lot 511. 1, Section 23, Township 24S, Range 37 E., City of Cape Canaveral). � Albert J. Fran s State of Florida Elizabetl A. Francis, his wife County of Brevard CIL Personally appeared before me this day o' fie, 1998, Albert J. 1�Francis and Elizabeth A. Francis, his wife who provided 4as identification and who executed the foregoing document. KEEIL7EEEEN S. LEPORIN pxo;� of FloridaNo Pub isEwj. March t,1999 ;.1yr_51 G pfocr r; i Y ME October 15, 1998 Mr. Ken Grinstead Acting Building Official City of Cape Canaveral 105 Palk Avenue Cape Canaveral, FL 32920-0326 RE: Review Comments for Vacation of sewer easement located on the eastern portion of 6799 N. Atlantic Ave. (parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral, FL) SSA Job No. 98107 Dear Ken: Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) has received and reviewed the application for vacation of a sewer easement as recorded in Official Records Book 1189, Page 350 of the Public Records of Brevard County, FL located to the west of 6799 N. Atlantic Ave. parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral, FL. Following our site inspection and review with Cape Canaveral Public Works Director, we have the following comment: 1) The locations of existing utility services (water, sewer, etc.) on the site as well as the adjoining property to the north are necessary to finalize the request. This information should be available from the property owners. Upon receipt of this information it appears that SSA can recommend vacation of this easement segment. If you have any further questions regarding this letter, please contact our office. Sincerely, John A. Pekar, PE Vice President, Project Manager cc: Steven E. Bapp I'OTILER SrAGG & ASSOCIATES 8680 North Atlantic Avenue dAmAnfaift-tstcaoekaea„ esmt cme a«ate« Gccr Q David Roy Jones, PL Project Reviewer ARCHITECTS • ENGINEERS • PLANNERS, INC. P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 407 -78? -1320 Fax 407.7 8 ,7,,65 L.C. 4AACr00329 ?fH; EBOG00762 #LBr67CA "Great To Work For ... Greater To Work With" MEMORANDUM TO: Ken Grinstead Acting Building Official FROM: Ed Gardulski Public Works Director RE: Vacation of Sewer Easement Reviewed the easement located at 6799 N. Atlantic Ave, parcel 511. 1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral. Did not find any current or future need of this easement by the City of Cape Canaveral. As Public Works Director, I support the vacation of this easement. 0 FPL October 15, 1998 City of Cape Canaveral P.O. Box 326 Cape Canaveral, Fl. 32920-0326 Attn: Steven E. Bapp, Planning & Zoning 270 Pioneer Rd., Merritt Island, FL 32953 Re: Vacation a sewer easement located on the eastern portion of 6799 N. Atlantic Ave. (Parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral) Dear Mr. Bapp: FPL has no objection to the vacating of the referenced sewer easement as shown on the attached drawing, which was provided to FPL by the City of Cape Canaveral. Sincerely, Dot Fischer Construction Designer Cc: Ken Grinstead, Acting Building Official, City of Cape Canaveral, Fl. Encl: (1) an FPL Group company ATTN: Mr. T. A. Vani 400 High Point Dr., Suite 500 Cocoa, FL 3292 ty of Cape Canaveral Re: Vacation a sewer easement located on the eastern portion of 6799 N. Atlantic Ave (parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral). Dear TMr. Vani, You are scheduled for an appearance before the City of Cape Canaveral Planning and Zoning Board on October 28t', 1998. The board will review your request for the vacation of the sewer easement on the eastern portion of 6799 N Atlantic Ave, Cape Canaveral, FL. Staff recommends approval of the vacation. Please review the staff comments enclosed with this letter. I have also enclosed the engineering fees associated with this vacation request. Please submit payment for these fees to the City of Cape Canaveral Finance Department prior to final review by the City Council. Sincerely, lam' Steven E. app Planning and Zoning Technician City of Cape Canaveral _ CF: Ken Grinstead, Acting Building Official, City of Cape Canaveral File 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telenhnne (407) 889_1200 • FAX (407) 7A4_11'70 . 1,++-n•/lf-- -+-+- -n I ---- ------ '77 J, im 71 FPOT , L; Meeting Type: Regular Meeting Date: 12-01-98 AGENDA Heading Discussion Item A representative of Hartman & Associates will be in attendance to answer any questions you may have. No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: JETTY PARK, PORT REUSE AGREEMENT DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: This is a progress report on negotiations. Summary Explanation & Background: Attached you will find a revised copy of the proposed agreement. A representative of Hartman & Associates will be in attendance to answer any questions you may have. Staff is also seeking any additional feedback you may have. Please advise. Exhibits Attached: Draft reuse agreement/Public works director's memo of 11-10-98/HAI memo of 11-14-98 City Manager's Offices Department WATER RECLAMATION/PUBLIC WORKS g. iron council/meetin -01-98/portreuse.doc 11/23/98 17:32 $407 839 3790 HARTMAN ASSOC 0002/007 C7 �m1rp u' I )nkit I! f: kr—.WC tI:.r—, v I. - %1A I Luke. RS AL "Irk A RtnnUu, P.F. nm*dJ 1-.-chr%141(,). PF WIIII.InI D RE M -NIM AN>OCIATE HARTMAN & ASSOCIATES, INC. engineers, hydrogeologists, surveyors & management consultants November 23, 1998 HAI#95-073.25 Mr. Edward Gardulski Public Works Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 wCCQI:IA ," mart 11. Ro C& (;,M L. I RI.M- V—dtcc-. PG. Ovugtu P. TMrc,ne. P.C. koderlck K. CarAc. v.>= I.*. 0. Pox, P.F ).lines f•_ A.Mkn. P.C. Lryton, PF Alm t 13 OU4r. til. AnJrcw Y. W;n.Jalek, 1+.E Subject: Canaveral )Fort Authority — Temporary Agreement for Reclaimed Water Service To Jetty Park Dear Mr. Gardulski: Enclosed please find a revised draft of the temporary reclaimed water agreement between the City of Cape Canaveral (City) and the Canaveral Port Authority (CPA) for reclaimed water service to Jetty Park. I have revised the draft agreement per your comments. Additionally, in Section 10. 1, I made the term of the agreement end on April 22, 2000, which is the date that the current wastewater franchise agreement ends. We should have a permanent agreement in place by that time. As you know, Mayor Pro Tem Petsos suggested at the last council meeting that the CPA get Cocoa Beach to allot reclaimed water from their agreement with the City to provide for reclaimed water service to the CPA. This is a good point, and I think it should be incorporated into the permanent agreement for reclaimed water service between the City and the CPA. If you have any questions or comments regarding the enclosed agreement, please contact me. Very truly yours, Hartman & Associates, Inc. Jen i er oodall, E.I. Pro t E gineer JLW/dt/95-073.25/corresp/gardulsI jl cc_ Richard Lombroia, P_E-, CPA 201 UST PINE STREL'�I- - SUITE 1000 - ORLANDO, FL 32801 TEUPHONE (407) R39-3955 - FAX (407) 839-9790 - Avw xonsulrh0i.com ORLANDO FORT MYERS PLANTATION JACKSONVILLE 11/23/98 17:32 $107 839 3790 HART31AN ASSOC Z003/007 CANAVERAL PORT AUTHORITY I CITY OF CAPE CANAVERAL TEMPORARY AGREEMENT FOR RECLAIMED WATER SERVICE THIS AGREEMENT is made and entered into this _ day of , 1998 by and between the Commission of the Canaveral Port Authority and the City Commission of the City of Cape Canaveral. RECITALS 1. The Canaveral Port Authority, a body corporate and a body politic under the laws of the State of Florida, hereinafter called the "AUTHORITY", is in immediate need of reclaimed water service for irrigation within Jetty Park. 2, The City of Cape Canaveral, Florida, a municipal corporation under the laws of the State of Florida, hereinafter called "CAPE CANAVERAL", is operating a sanitary sewerage system which produces reclaimed water suitable for public access areas. CAPE CANAVERAL has consented to provide reclaimed water to the AUTHORITY under the following terms and conditions of this Agreement. ACCORDINGLY, for and in consideration of the above Recitals, the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the AUTHORITY and CAPE CANAVERAL hereby covenant and agree as follows: SECTION 1. RECITALS. The above Recitals are true and correct and form a material part of this Agreement. SECTION 2. DEFINITIONS. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement. (1) "Cane Canaveral System" - All facilities related to CAPE CANAVERAL's reclaimed water system. (2) "Point of Reuse Connection" - The point where reuse facilities of Cape Canaveral are connected to the reuse facilities of the AUTHORITY. (3) "Reclaimed 1 Reuse Water" - the wastewater effluent that has been appropriately treated and is usable for reuse purposes in public access areas as defined by appropriate regulatory agencies. (4) "Service" - the readiness and ability on the part of CAPE CANAVERAL to furnish reclaimed water to the Port Area. Thus, the maintenance by Cape Canaveral of adequate pressure at the point of re -use connection shall constitute the rendering of service. 11/23!98 17:32 '0407 839 3790 HARTMAN ASSOC Q004/007 (5) "Effective Date" - the date upon which the last party of this Agreement executes the Agreement. SECTION 3_ PROVISION. ALLOCATION AND USE OF RECLAIMED WATER SERVICE Reclaimed water service shall be provided and allocated to the AUTHORITY in the following manner subject to the following terms and conditions: 3.1 Immediate Capacity Needs. CAPE CANAVERAL acknowledges that the AUTHORITY has an immediate need for reclaimed water in the amount of approximately 60,000 gallons per day (annual average day demand) for use in Jetty Park. 3.2 Reclaimed Water Availability_ Reclaimed water restrictions which are imposed on CAPE CANAVERAL residents shall also be applicable to purchased reclaimed water use in the Port Area_ CAPE CANAVERAL also acknowledges that until the residential capacity is established and as long as the integrity of the CAPE CANAVERAL system is maintained reclaimed water may be provided to the AUTHORITY in amounts greater than that specified in paragraph 3.1, as it is in the interest of the public to limit discharge of wastewater effluent to the Banana River. 3.3 FDEP Permits for Construction of a Reclaimed Water System. The AUTHORITY agrees to process the necessary state application forms for the construction of a reclaimed water system within the Port Area. All permit fees shall be paid by the AUTHORITY. 3.4 Modification of. CAPE CANAVERAL Reclaimed Water Service Area. CAPE CANAVERAL agrees to process the necessary state application forms for the modification of the CAPE CANAVERAL reclaimed water service area to incorporate the Port Area. All permit and consultant service fees will be paid by the AUTHORITY_ SECTION 4. RECLAIMED WATER RATES FEES AND CHARGES 4.1 The AUTHORITY shall pay reclaimed water rates and charges as described herein. The reclaimed water rate shall be as set by resolution by the CAPE CANAVERAL city commission. The rate set by the CAPE CANAVERAL city commission for the provision of reclaimed water service to the AUTHORITY shall be non-discriminatory. SECTION 5_ RECLAIMED WATER FACILITIES 5.1 Meter Installations. The AUTHORITY shall furnish and install a meter at the point of connection to the CAPE CANAVERAL facilities, which shall be capable of measuring all flow from CAPE CANAVERAL facilities to the AUTHORITY's facilities. The meter shall become the property of CAPE CANAVERAL, and CAPE CANAVERAL shall be responsible for the operation, maintenance and replacement of 11,,23/98 17:33 '0407 839 3790 HARTMAN ASSOC Q005/007 the meter. The AUTHORITY shall pay required maintenance and replacement costs on the meter installation. CAPE CANAVERAL and AUTHORITY shall agree as to the type of meter installation_ The AUTHORITY shall have the right to read and test the meter and the right of access thereto for billing, testing, and inspection purposes, all such rights to be reasonably exercised at times, reasonably convenient to CAPE CANAVERAL 5.3.1 Meter Accuracy. The metering equipment shall be of standard make and type, installed at a readily accessible Iocation, and shall record flow accurately within industry standards. If the meter is determined to have operated in error, the bill shall be adjusted for the time period in which the error occurred. In calculating such billing adjustment, it will be assumed that the meter inaccuracy existed for one-half of the entire time interval between meter accuracy checks by either party. The billing adjustment shall be made at the same rate established in accordance with this agreement, but the volume used in the billing calculations shall be adjusted as described herein. 5.4 Pressure Sustaining Valve. A pressure sustaining valve shall be installed by the AUTHORITY for the purpose of protecting the integrity of the CAPE CANAVERAL system. The set pressure value shall be determined by CAPE CANAVERAL's operational needs. The AUTHORITY will be given written notice of this value and changes hereafter. The pressure sustaining valve shall become the property of CAPE CANAVERAL, and CAPE CANAVERAL shall be responsible for the operation, maintenance and replacement of the pressure sustaining valve. The AUTHORITY shall pay required maintenance and replacement costs on the pressure sustaining valve. SECTION 6. PROVISION OF SERVICE 6.1 Connection to CAPE CANAVERAL Reclaimed Water System. Upon the continued accomplishment of all the prerequisites contained in this Agreement to be performed by the AUTHORITY, CAPE CANAVERAL covenants and agrees that it will allow the connection of the reclaimed water transmission facilities installed by the AUTHORITY to the central reclaimed water facilities of CAPE CANAVERAL in accordance with the terms and conditions of this Agreement. Such connection shall be in accordance with all statutes, rules and regulations of CAPE CANAVERAL, the AUTHORITY_ the AUTHORITY's potable water provider as well as State and Federal Governments. CAPE CANAVERAL agrees that once it provides reclaimed water capacity to the AUTHORITY, thereafter CAPE CANAVERAL will provide said service in a manner to conform with all requirements of all governmental agencies having jurisdiction of the utility operation of CAPE CANAVERAL. Said service shall be provided at CAPE CANAVERAL's cost and expense. In return, the AUTHORITY will pay for reclaimed water as set forth in Section 4. The AUTHORITY acknowledges that CAPE CANAVERAL may at any time discontinue service to the AUTHORITY in order to protect the integrity of the CAPE CANAVERAL system_ 11%23/98 17:34 0407 839 3790 HARTMAN ASSOC SECTION 7. DISCLAIMERS: LIMITATIONS ON LIABILITY 7.1 Force Majeure. No party shall be liable or responsible to the other by reason of the failure or inability of that patty to take any action it is required to take or to comply with the requirements imposed hereby when such failure or inability is caused by or is the result of a force majeure. The term "force majeure" as employed herein shall mean acts of God; strikes, lock -outs, or other industrial disturbance; acts of public enemies, war, blockades, riots, acts of armed forces, militia, or public authority; epidemics; breakdown of or damage to machinery, pumps, or pipelines; landslides, earthquakes, fires, storms, floods or washouts; arrests, title disputes, or other litigation; governmental restraints of any nature whether federal, state, county, municipal or otherwise, civil or military; civil disturbances; explosions, failure or inability to obtain necessary materials, supplies, labor or permits or governmental approvals whether resulting from or pursuant to existing or future rules, regulations, orders, laws or proclamations whether federal, state, county, municipal or otherwise, civil or military; or by aLAy other causes, whether or not of the same kind as enumerated herein, not within the sole control of either party and which by exercise of due diligence that party is unable to overcome. 7.2 Indemnity. The AUTHORITY shall indemnify CAPE CANAVERAL and its respective agents and employees, from and against any and all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and fees, including attorneys' fees, for injury (including death) to persons or damage to property or property rights that may arise from or be related to acts, errors, or omissions of the AUTHORITY, its agents, employees, servants, licensees, invitees, or contractors or by any person under the control or direction of the AUTHORITY, or by the AUTHORITY's use of CAPE CANAVERAL's system_ CAPE CANAVERAL shall indemnify the AUTHORITY as aforesaid from all liability, claims and all other items above mentioned, arising or growing out of or connected with any default, breach, violation or nonperformance by CAPE CANAVERAL or any covenant, condition, agreement or provision contained in this Agreement concerning all or any part of CAPE CANAVERAL's system. Indemnification shall be limited to the extent permitted in Section 768.28, Florida Statutes (1995). 7.3 Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of and shall be binding upon the formal parties hereto and their respective authorized successors and assigns, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a party to this Agreement or an authorized successor or assignee thereof. SECTION 8. RECORDATION 8.1 The parties hereto agree that an executed copy of this Agreement and Exhibits attached hereto shall be recorded in the Public Records of Brevard County, Florida at the expense of the AUTHORITY. 0006/007 11/23.98 17:3.1 0407 839 3790 HART►IAN ASSOC Q007/007 SECTION 9. DEFAULT 9.1 De ualt_ No party to this Agreement, in the event or act of default by the other shall have all remedies available to it under the laws of the State of Florida including but not limited to injunction to prevent default or specific performance to enforce this Agreement, subject to state law. The rights of the parties shall be considered cumulative and shall not be waived now or in the future by the exercise of any rights and remedies provided under the terms of this Agreement and authorized by law_ SECTION 10_ TERM OF AGREEMENT 10.1 Term_ This Agreement shall continue in full force and effect for until April, 22, 2000. CANAVERAL PORT AU'T'HORITY / CITY OF CAPE CANAVERAL TEMPORARY AGREEMENT FOR RECLAIMED HATER SERVICE THIS AGREEMENT is made and entered into this day of 1998 by and bctwxn the Commission of the Canaveral Port Authority and the City Commission of the City of Cape Canaveral. RECITALS 14A��; 1. The Canaveral Port Authority, a body corporate and a body 'dunder the Laws of the State of Florida, hereinafter callcd the "AUrHORjTy'�-,NM". `5r me ,�,,�fi diate need of reclaimed water service for irrigation within Jetty park 2. The City of Cape Canaveral, Florida, a munici al co �� ration �r the laws of the State of Florida, hereinafter called "CAPE C VE �Tis o r'ettatinitary a sewerage system which produces reclaimed water ` ;"fable F �� ublic .a fess areas S APE CANAVERAL has consented to provide re,?claune a er Mhe AUTIr3'ORITY under the following terms and conditions of this AFLetnent l�'�7 ""h•: ��%, ACCORDINGLY, for and in co i ' dera,Rn a bve Recitals, the mutual undertakings and agreements h contain' any ' '�. and other good and valuable consideration, the receipt and; cies' i �vhiA are acknowledged by the parties, the AUTHORITY and CAPE = A - eseby.�"'venant and agree as follows: SECTION I.- material :material part of this f SECTION 2. for the purpose of in RECITALS . �:;� ;reemeilt '•'' are true and correct and form a )EF INIT ONS- The following definitions and references are given pretin9.he;terms as used in this Agreement_ 1) "Cape Canaveral System" - All facilities related to CAPE CANAVERAL's reclaimed water system. (2) "Point of Reuse Connection" - The point where reuse facilities of Cape Canaveral are connected to the reuse facilities of the AUTHORITY. (3) "Reclaimed /Reuse Water" - the wastewater effluent that has been appropriately treated and is usable for reuse purposes in public access areas as defined by appropriate regulatory agencies. (4) "Service" - the readiness and ability on the part of CAPE CANAVERAL to furnish reclaimed water to the Port Area. Thus, the maintenance by Cape Canaveral of adequate pressure at the point of re -use connection shall constitute the rendering of service. I:lwonjproclagreel.doc Page 1 10/08/98 HAI 9 95-073.25 10/08/98 THU 16:37 [TX/RX NO 69801 @002 (5) 'Effective Date" - the date upon which the last party of this Agreement executes the Agreement. SECTION 3. PROVISION. ALLOCATION AND USE OF RECLAIMED WATER SERVICE Reclaimed water service shall be provided and allocated to the AUTHORITY in the following manner subject to the following terms and conditions: 3.1 Immediate Capacity Needs. CAPE CANAVERAL 'wledges that the AUTHORITY has an immediate need for reclaimed wat the amount of traPProximatel 60,000 gallons per day (annual average day dcnn iuse in Jetty Park. 3.2 ✓J Reclaimed Water Availabilitv. Reclaimed ater resttrctions which are imposed on CAPE CANAVERAL residents sh •1 also e� plic l%le to purchased reclaimed water use in the Port Area. CAPE CAN r ' 6'acknfovledges that until the residential capacity is established and as g as�o'� integQ of the' CAPE CANAVERAL system is maintained reclaim ' ateil�amay be . provided to the AUTHORITY in amounts greater th spa..' in "aragraph 3.1, as it is in the interest of the public to limit discharge .: wr ,.ueito the Banana River. 3.3 FDEP Permit AUTHORITY agrees to pro of a reclaimed water systen AUTHORITY. 3.4 Modificatior CAPE CANAVERAL ag modification of the CAPE Port Area. All permit and SECTION 4. EF Keclalmeu Water System. The application forms for the construction All permit fees shall be paid by the Y •i �_Agh 4&NAVt�KAL Reclaimed Water Service Area. to Q oce,' the necessary state application forms for the rA '� RAL reclaimed water service area to incorporate the Afiarit service fees will be paid by the AUTHORITY. 4.1 The AUTHORITY shall pay reclaimed water rates and charges as described herein. The -reclaimed water rate shall`be 50.3"9 per 1,000 gallon until s h a time as the CAPE CANAVERAL city commission/cts rates and charges �'f reclaimed water service by res�Iution. The rate set by e CAPE CANAVERAL c' commission for the provision ofireclaimed water servic to the AUTHORITY s be non-discriminatory and shall aot exceed 125% of the e for commercial customers located within the CAPE CANAVERAL city limits. SECTION 5. RECLAIMED WATER FACaj 5.1 Meter Installations_ The AUTHORITY shall furnish and install a meter at the point of connection to the CAPE CANAVERAL facilities, which shall be capable of measuring all flow from CAPE CANAVERAL facilities to the AUTHORITY's facilities. I:lwordproclagree l .doc HAI # 95-073.25 Page 2 10/08/98 4 10/08/98 THU 16:37 [TX/RX NO 69801 0003 M E M O R A N D U M TO: Bennett C. Boucher City Manager FROM: Ed Gardulski taJ Public Works Director DATE: November 10, 1998 RE: Port Authority Reuse Agreement The following are my comments of the attached draft copy of the reuse agreement dated 10/08/98: 1. Section 4.1; add the word 'metered' commercial customers.... 2. Section 5.4; add the following: 'the set pressure value shall be determined by Cape Canaveral's operational needs. The Authority will be given written notice of this value and any changes hereafter. 3. Section 6.1; add the following: Such connection shall be in accordance with all statues... -As well with the terms of the Authority's potable water provider (i.e. City of Cocoa).' 4. Section 10.2; delete this section. CC: file port authority Memo To: Mayor & City Council Members From: Bennett Boucher, City Manager CC: Ed Gardulski, Public Works Direfor Date: 10/16/98 Re: Port reuse agreement The port is about ready to construct the Jetty park project and they have been talking with our public works director about possible terms to supply reuse water to this park area. Attached for your information is a copy of a DRAFT reuse agreement and staff would like city council's concurrence to finalize the terms of this Jetty Park reuse agreement. Copy: Kohn Bennett, City Attorney 0 Page 1 The meter shall become the property of CAPE CANAV)✓ CANAVERAL shall be responsible for the operation, maintenance and reply emen`tt of PE the meter. The AUTHORITY shall pay required nlaintenancc and replacement costs on the meter installation. CAPE CANAVERAL and A type of meter installation. The AUTHOshall have the IORITY shall agree as to the meter and the right of access thereto for billing, testing, and inspection purposes, and test the rights to be reasonably exercised at times, reasonably convcnii to CAPE CANAVERAL 5.3.I Meter Accuracy'" a The mctcring e ent shall be of standard make and type, at a readily acc�sS epocation, and shall record flow accurately within industry If the meter is determined to have operated in error, the b'l be ,q� l ust period in which the error occurred. In calc •ating such',°�• id for the time it will be assumed that the meter inaccur' exited' i ing adjustment, dj f � e one entire time interval between meter"' '1 acs 'oliecks b `'ither F.s y billing adjustment shall be made at t4 1, in accordance with this agreement, but the volume' �i _qdc biIIingcalculations shall be adjusted as described hez�_ 5.4 Pressure Sust inin VaIvei?4A piess -the AUTHORITY for the purpose of ptizotec> e °�:� valve shall be installed by p' ' -• • g tY of the CAPE CANAVERAL. system. The pressure s • � .'` ,.' ,'.` ,,, a' � ., CANAVERAL, e �� g f: 1 e sh 1 become the ro ERAL, and CAPE.; -CA '' �,' . "' P Pcm' of CAPE ,� �. k;._ r�; tshalI _be responsible for the operation, M and repIacemeIIt; of tli&•ptd5sur 'r ' g valve. The AUTHORITY shall pay required maintenanceart�-' acem:i�nt co AJ.sts°on the pressure sustaining valve. L�Y4�C_ �x., - SECTION 6. PROVI8ION�:OfF SERVICE ,RtT c f wicL AF 6.1 Connection to GA"1?,Da:CANAVERAL Reclaimed Water Systems Upon the J continued accomplishment o;ai the prerequisites contained in this Agreement to be " performed by the AUTHORi1 Y, CAPE CANAVERAL covenants and agrees that ' � it will allow the connection of the reclaimed water transmission facilities installed by the u, AUTHORITY to the central reclaimed water facilities of CAPE CANAVERAL in t✓ �� accordance with the terms and conditions of this Agreement. Such connection shall be in accordance with all statutes, rules and regulations of CAPE CANAVERAL th AUTHORITY as well as State and Federal Governments. CAPE CANAVERAL agr es 1 that once it provides reclaimed water capacity to the AUTHORITY, thereafter CAPE CANAVERAL will provide said service in a manner to conform with all requirements of all governmental agencies Navin CANAVERAL. Said service shall be provided lat CAPE ction of the iC1ANAVEaRAL,'sty onoco tAPE and expense. In return, the AUTHORITY will pay for reclaimed water as set forth in Section 4- The AUTHORITY acknowledges that CAPE CANAVERAL may at any time discontinue service to the AUTHORITY in order to protect the integ ty of CANAVERAL systethe CAPE m. I:\wordproc\agrcel.doc Page 3 HAI 4 95-073.25 10/08/98 10/08/98 THU 16:37 [TX/RX NO 69801 0004 SECTION 7. DISCLAIMERS; LIMIT -A O S ON LTAB�,I.1-y 7.1 Force MA;Purc No party shall be liable responsible to the Of the failure or inability of that other by reason with the ,req Prep' to take any action it is required to moments imposed hereby when such failure or inabiIi take °r to comply result of a force majcure. The term°force ma cure" �' is caused b of God; strikes, Iock-outs, or other industrial disturbancepacts eo herein shall y s is the blockades, riots, acts of armed forces, militia, or public authority;mean acts public enemies, wn of or damage to machinery, pumps, or pipelines; landslides, eepidemics; breakdown floods or washouts, arrests, title disputes, or other litigation; g ' , fires, storms, any nature whether federal, state, coun g > g �'� municipal or otherwitia �� or restraints of disturbances; explosions, failure or inability to obtain necess °r milr �' :.' may; civil or permits or governmental approvals whether resultingi-s' supplies, labor future rules, regulations, orders, r Pant to existing municipal or otherwise, civil or tail' s or Proclamations ether fedeal, state or same kind as enumerated here its'' or by any, ause4 ' �``' . county, Within the �y� "►'l?thcr or not of the exercise of due diligence that party is unable o o eit, in „Qfl' then . rty and y ', which b 7.2Indemnity. The AU THORIT respective agents and employees, fro .1, fit` fY1, CANAV �Sbali de , � s . y �, ERAL and its dannages,� expenses, fees, fines, penalties sirs claims, liability. demands 'attorneys fees, for injury (including d�e$th �" P'�t uactions and fees, including rights that may arise from or, f "�'`" °� :""rage to property orproperty'�related:to�a �s erra its agents, em Io employees, s r'i'k' f' zs, or�omissions of the P Y er'vants', I1cense�s l yztecs V, contractors orb AUTHORITY, the control or direction of i]', AU.T�TQ � y any Person under CANAVERgL's system. CAPE -�vl i""or:�y the AU7-HORITY's use of CAPE aforesaid from all Iiabili Jy' � LRAL shall indernrufy the AUTHORITY as ty '•'clai�isr growing out of or connecte3�•� add: other items above mentioned, arising or CAPE CANAVERAL or an 4cotveiiant,c onditioneach, iolation or nonperformance by this Agreement concernin y''" mens or provision contained in .: a'`�r any part of CAPE Indemnification shall be '"' ' ` CANAVERAL's system. Statutes (1995).te� to the extent permitted in Section 768.28, Florida 7.3 Disclaimer r,f ; benefit of Pte' Beneficiaries. This Agreement is solely for the and shall be binding upon the formal authorized successors and asci �, Parties hcrcto and their respective g and no right or cause of action shall accrue upoby reason hereof, to or for the benefit of an authorized successor or asst y third per' not a party to this assignee thereof, Agreement or an SECTION 8. RECORDATION. The Of this Agreement and Exhibits attached hereto shall be recorded Parties hereto in tthe hat Pubexecuted c Recd copy Brevard County, Florida at the expense of the AUTHORITY. Records of I:lwordproc%agree l .doc HAI # 95-073.25 Page 4 10/08/98 10/08/98 THU 16:37 TTX/RX No 698o] Q ooS SECTION 9. DEFAULT 9.1 Default. No party to this Agreement, in the event or act of default by the other shall have all remedies available to it under the laws of the State of Florida including. but not limited to injunction to prevent default or specific performance to enforce this Agreement, subject to state law. The rights of the parties shall be considered cumulative and shall not be waived now or in the future by the exercise of any rights and remedies provided under the terms of this Agreement and authorized by law. SECTION 10. TERM OF AGREEMENT 10.1 Term. Tbis Agreement shall continue in full 2 years- 10.2 ears. 10.2_Integriocal Coordination. CAPE CANA.YERj to designate two (2)"'staff representatives to f Commencing with the effective date of this Agri shall schedule meetings quart#ly. The Joint Ades regarding daily operations, shorr\t>term 516 orderly and responsible provision Dha specifically agreed and undersfo-o' d t Y' 4 committee shall make recdmtnendati0=to Commission of the. -City entitled to grcaV,Weight in Rdelibcratiou,s,sc —water service' I:lwordproclagrccl.doc Page 5 HAI # 95-073.25 CO Cc for a period of 04.2 ,n.WIV`hAe �ORITY agree a `'or5Committee. wM;- oint Ad'•v�sory Committee 'ttee wilVt dvise the parties �'ng and coordination of the z 4, within the Port Area_ It is : tPatties hereto, that the said a bf the AUTHORITY, and the ch recommendations shall be bodies relative to reclaimed 10/08/98 10/08/98 THU 16:37 [TX/RX NO 69801 0 006 I-iAR'I'MAN & ASSOCIATTS, INC. I Riti'[.1111 � IrnsP llrl Ih, r. ltll. engineers, hydrogeologists, sucyO -ski;lagaAeni�� o► � 1 1_} r tl rrk I I k I � \I 1 Innddl I rlr. Ir I'll rel p 1��`•�r �� .�(�A�; z.r orr, P,di,r.rr. T 3`3�-- November 14, 1998 VIA FACSIMILE & US MAIL Mr. Edward Gardulski Public Works Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 HAI#95-073.25 Subject: Canaveral Port Authority (CPA)- Reclaimed Water System Required Modification of City of Cape Canaveral WWTP Permit Dear Mr. Gardulski: tle We are currently completing the necessary FDEP forms to expand the City of Cape Canaveral reclaimed water service area to include the Canaveral Port Authority (CPA). Since the Canaveral Port Authority is not currently included in the reclaimed water service area, this change must be permitted as a major modification to the City's existing operations permit. The required forms, 1 and 2A, require extensive information on the WWTP. We do not have all of this information on file, and are therefore requesting that you provide some information so that we can complete the necessary permit applications. Following is a list of the information that we need: 1. Year facility began operation. 2. Approximate collection system length. 3. Pending permits or permit applications. 4. NPDES permit number, if applicable. 5. Has this facility received any notices of violation? 6. Copy of a sludge sample analysis. 7. Cocoa Beach reclaimed water facility identification number. 8. Average daily flow which has been going to Cocoa Beach. 9. Most recent 12 months of influent and effluent data. 10. Basis for surface water discharge effluent limitations (TBEL, Level I or II WQBEL) 11. Date effluent limits established for surface water discharge. 12. Description of outfall and diffuser including construction materials, pipe diameter. 201 FAST PINE, STRITT St 11TE 1000 • ORLANDO, IT 32801 TELEPHONE (407) 839-3955 PAX (407) 839-3790 • www.cotistiltltai.com ORLANDO PORT MYERS PLAN'1'NFION JACKSONVILLF. Mr. Edward Gardulski November 13, 1998 Page 2 If you have any questions regarding this information request or the required permit modifications, please contact me. Very truly yours, Hartman & Associates, Inc. JLW/dt/95-073.25/corresp/garduls3. j lw cc: Richard Lombroia, P.E., CPA Mark Ikeler, E.I., HAI