HomeMy WebLinkAboutAgenda Packet 12-20-2016THE
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CAPE CANAVERAL CITY
COUNCIL MEETING
AGENDA
INSTRUCTIONS
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or other Official/
Staff Member in the room. Speaker Cards are located adjacent to the Library Room Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at
the same meeting at which the City Council takes official action on an item. No City Council action will be
taken on requests during Public Participation unless determined by the Council to be an emergency. Any
other requests for Council action may be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or Meeting
Chair.
2. You will have 3 minutes to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair.
PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
December 20, 2016
6:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on
the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing
portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or
emergency items. Citizens will limit their comments to three (3) minutes.The City Council will not take any action under
the "Public Participation" section of the agenda.The Council may schedule items not on the agenda as regular items and
act upon them in the future.
PRESENTATION TO FORMER COUNCIL MEMBER JOHN BOND
6:15 p.m. to 6:20 p.m.
PRESENTATIONS/INTERVIEWS:
6:20 p.m. to 6:25 p.m.
Presentation of check from Mr. Jerry Sansom, Florida Inland Navigation District Commissioner
representing Brevard County, awarding the City $115,672 for construction of Banana River Park
Phases I and II.
CONSENT AGENDA:
6:25 p.m. to 6:30 p.m.
1. Approve Minutes for November 15, 2016 Regular City Council Meeting.
2. Approve Contract for Purchase and Sale of a portion of property Located at 8817 North
Atlantic Avenue in the Amount of $10.00 and authorize City Manager to execute same;
accept North Atlantic Avenue Amenity and Maintenance Easement Agreement at 8817
North Atlantic Avenue and authorize execution of same.
3. Approve First Modification to Port of Call Development Agreement between City of Cape
Canaveral and Astronaut Properties, LLC and authorize the City Manager to execute same.
City of Cape Canaveral, Florida
City Council Meeting
December 20, 2016
Page 2 of 2
PUBLIC HEARINGS:
6:30 p.m. to 6:45 p.m.
4. Ordinance No. 01-2017; amending Chapter 6, Article III of the Cape Canaveral City Code
to clarify that drinking, consumption or possession of open containers of alcoholic
beverages upon public dune crossovers is unlawful; providing for penalties for violations
of Chapter 6, Article III of the Cape Canaveral City Code, including a Class I Civil Citation
penalty; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the City Code; severability and an effective date, first reading.
5. Ordinance No. 02-2017; amending Appendix B of the City Code, related to assessment of
Building Permit fees; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severability and an effective date, first reading.
ITEMS FOR ACTION:
6:45 p.m. to 6:50 p.m.
6. Appointment of Voting Delegate/Director and an Alternate to the Space Coast League of
Cities.
REPORTS
6:50 p.m. to 7:00 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any
decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of
the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor
does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities
Act: all interested parties may attend this Public Meeting.The facility is accessible to the physically handicapped.Persons
with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220
or x221) 48 hours in advance of the meeting.
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/20/2016
PRESENTATIONS/INTERVIEWS
Subject: Presentation of check from Mr. Jerry Sansom, Florida Inland Navigation District
Commissioner representing Brevard County, awarding the City $115,672 for construction of
Banana River Park Phases I and II.
Department: Culture & Leisure Services
Summary: In October 2014 and 2015, the City was awarded Florida Inland Navigation District
(FIND) Grants for two different phases of improvements for Banana River Park. The elements
included in the Grant for Phase I consisted of a Pavilion with adjacent parking, sidewalks, a
kayak landing and improvements to the existing Kayak launch on the north side of the Park.
Phase II included expansion and paving of the north parking lot and a kayak/canoe dock.
The grant application process included presentations before FIND Commissioners, public
meetings and input from the Puerto Del Rio Homeowners Association as well as the Culture and
Leisure Services Advisory Board. The Project was very well received by all residents who
attended the meetings. Phases I and II were completed in October 2016. The improvements to
this Park have significantly improved access to the facility and the Banana River providing
paddlers with a restroom and place to rest while enjoying the river.
Mr. Sansom, Florida Inland Navigation District Commissioner representing Brevard County, is
awarding the City $115,672 for construction of Banana River Park Phases I and II.
Submitting Department Director: Gustavo Vergara (Signature) Date: 12/06/16
Attachment: None
Financial Impact: $53,505 Grant for Phase I and $62,167 Grant for Phase II; Staff time to
prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo (Signature) Date: 12/06/16
The City Manager recommends that City Council take the following action:
Accept Award from Florida Inland Navigation District.
Approved by City Manager: David L. Greene (Signature) Date: 12/06/16
Item No. 1 DRAFT
CAPE CANAVERAL CITY COUNCIL SINE DIE AND REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue,Cape Canaveral,Florida
TUESDAY
November 15, 2016
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:56 P.M. Mayor Pro Tem Walsh led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Council Member John Bond
Council Member Mike Brown
Mayor Bob Hoog
Council Member Brendan McMillin
Mayor Pro Tem Betty Walsh
Others Present:
City Manager David Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Culture and Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
Human Resources/Risk Management Director Jane Ross
Community Engagement/Dep. Dir. Public Works Services Joshua Surprenant
Public Works Services Director Ralph Lotspeich
Brevard County Sheriff’s Office Lieutenant Michael Green
Cape Canaveral Volunteer Fire Dept. Asst. Chief John Cunningham
PUBLIC PARTICIPATION: Marilyn Rigerman, representing Space Coast Art Festival Inc.,
stated her delight the City has chosen to partner with the group and thanked Culture and Leisure
Services Staff for their assistance. Mayor Hoog stated the City is looking forward to the Event.
Shannon Roberts thanked the Candidates who ran for City Council and for participating in the
October 29th Meet & Greet; she requested Council provide an electronic kiosk at the Library so
Brevard County Library Staff does not have to manually change event information.
PRESENTATIONS/INTERVIEWS: Interview new Applicants for possible Apointment to the
Business and Economic Development Board. (Patrick Daniels, Mark Derman, Ron Foleno, Leonard
City of Cape Canaveral, Florida
City Council Sine Die and Regular Meeting
November 15, 2016
Page 2 of 6
Johnson and Mike Moulton) Mayor Hoog explained the item involved five individuals applying to
serve on the Business & Economic Development Board who will be interviewed. City Attorney
Garganese asked each Applicant, one at a time, if the information on their applications were true and
correct to which each responded in the affirmative. Council Members interviewed each Applicant.
City Manager Greene mentioned Economic Development Director Todd Morley reached out to
qualified individuals to help fill vacancies on the Board. Council Members thanked the Applicants.
CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent
Agenda. No items were removed. Council Member McMillin indicated he is willing to continue
serving on the Space Coast Transportation Planning Organization Governing Board as the
Alternate Voting Delegate.
1. Approve Minutes for Regular City Council Meeting of October 18, 2016.
2. Reappoint Council Member Brendan McMillin as the Alternate Voting Delegate to the
Space Coast Transportation Planning Organization (SCTPO) Governing Board, representing the
North Beaches Coalition of Cape Canaveral and Cocoa Beach.
A motion was made by Council Member Bond, seconded by Mayor Pro Tem Walsh, to
approve the Consent Agenda. The motion carried 5-0 with voting as follows: Council
Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member
McMillin, For and Mayor Pro Tem Walsh, For.
ITEM FOR ACTION:
3. Resolution No. 2016-28; appointing and reappointing Members to the Business &
Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior
inconsistent resolutions; severability and an effective date. (Omar Capellan, Patrick Daniels, Mark
Derman, Ron Foleno, Leonard Johnson, Mike Moulton and C. Shannon Roberts): City Attorney
Garganese read the title into the record. City Manager Greene explained Council needed to reach
consensus on how to proceed with filling the Board vacancies, choosing from two individuals
eligible for reappointment and five eligible to be appointed for the first time; and suggested
appointment of four regular members and an alternate due to Board Member Melanie Evans
anticipated departure in the near future. Discussion ensued and included how to make nominations;
reappointment and appointment of new people; the Code of Conduct for Board Members and Staff
recommendation to not reappoint Ms. C. Shannon Roberts. City Attorney Garganese advised the
Council on how to proceed with the nomination of candidates, marking down each indivudual name
and score for the public record. Council reached consensus to proceed as advised and appoint
four regular members and an alternate member to the Board. Ms. Roberts and Mr. Capellan
each addressed City Council regarding reappointment to the Board. Discussion ensued and
included Staff's interaction with businesses; Economic Development Director Todd Morley's
process for bringing information on potential businesses to the Board; the City's commitment to
Branding; a misconception that Board Members are not utilized; the fact Staff is not permitted to
release information about certain potential new businesses until permission has been granted to do
so and Project Zeus; the Community Redevelopment Area, Overlay District, Port Canaveral and
City of Cape Canaveral, Florida
City Council Sine Die and Regular Meeting
November 15, 2016
Page 3 of 6
economic development in the City. Council reached consensus for City Attorney Garganese to
tally votes for each of the seven individuals and to break for five minutes at 7:01 p.m. Mayor
Hoog reconvened the meeting at 7:08 p.m. City Attorney Garganese read the results based on the
five Council Member rankings with the lowest scores being most preferred: Mr. Capellan, Mr.
Moulton and Mr.Foleno received the lowest scores to fill three of the regular vacancies; the fourth
and final vacancy was a tie between Mr. Derman and Mr. Johnson. City Attorney Garganese
advised Council to determine which of the two should fill the regular vacancy and, at Council's
discretion, the other can be appointed as an alternate member. City Manager Greene indicated that
the one appointed as an alternate may take office as early as January. A motion was made by
Council Member Bond, seconded by Council Member McMillin to appoint Mark Derman
as the fourth Board Member. The motion carried 5-0 with voting as follows: Council
Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member
McMillin, For and Mayor Pro Tem Walsh, For. Discussion ensued and inluded revising the
resolution language to reflect appointment of the four individuals with the best point scores to
receive the longest terms as regular board members and to appoint Mr. Johnson as an alternate
until an anticipated vacancy occurs around January. Council reached consenus to revise
Resolution No. 2016-28 language to appoint four new regular board members and one
alternate to the Board. A motion was made by Council Member McMillin, seconded by
Mayor Pro Tem Walsh, to adopt Resolution No. 2016-28 as amended. The motion carried 5-
0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor
Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For.
PUBLIC HEARING:
4. Ordinance No. 04-2016: adopting amendments to the Annual General Fund, Special
Revenue Funds, Agency Fund, Capital project Funds, Enterprise Funds and Enterprise Capital
Fund Budgets for the Fiscal Year beginning October 1, 2015, and ending September 30, 2016;
providing for the repeal of prior inconsistent ordinances and resolutions and providing for an
effective date, second reading: City Attorney Garganese read the title into the record. Discussion
ensued and included explanation of the Ordinance and improved financials over last year
projections. The Public Hearing was opened. There being no comment, the Public Hearing was
closed. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Bond,
to adopt Ordinance No. 04-2016, second reading. The motion carried 5-0 with voting as
follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For;
Council Member McMillin, For and Mayor Pro Tem Walsh, For.
5. Ordinance No. 05-2016; granting an Economic Development Ad Valorem Tax Exemption
to Project Zeus; providing an expiration date for the Exemption; finding that the business meets
the requirements of section 196.012(15), Florida Statutes; providing for proof of eligibility for
Exemption; providing a requierment for an annual report; providing for the repeal of prior
inconsistent ordinances and resolutions; severability and an effective date, second reading: City
Attorney Garganese read the title into the record, summarized the purpose of the item and advised
Council approve both the Ordinance and the proposed Economic Incentive Agreement included in
the Agenda Packet. Council reached consensus to adopt/approve Ordinance No. 05-2016 and
the Agreement with a single motion. A motion was made by Council Member Bond, seconded
City of Cape Canaveral, Florida
City Council Sine Die and Regular Meeting
November 15, 2016
Page 4 of 6
by Mayor Pro Tem Walsh, to adopt Ordinance No.05-2016, second reading and approve the
Agreement. The Public Hearing was opened. There being no comment, the Public Hearing was
closed. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council
Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro
Tem Walsh, For.
ADJOURNMENT SINE DIE: There being no further business, the Meeting adjourned Sine Die
at 7:26 P.M.
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CALL TO ORDER: The Chair called the Meeting to Order at 7:28 P.M. and welcomed the two new
Council Members.
ROLL CALL: Council Members Present:
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Council Member Brendan McMillin
Council Member Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Culture and Leisure Services Director Gustavo Vergara
Economic Development Director Todd Morley
Human Resources/Risk Management Director Jane Ross
Community Engagement/Dep. Dir. Public Works Services Joshua Surprenant
Publics Works Services Director Ralph Lotspeich
Brevard County Sheriff's Office Lieutenant Michael Green
Cape Canaveral Volunteer Fire Dept. Asst. Chief John Cunningham
OATHS OF OFFICE: City Attorney Garganese administered the Oaths of Office to Council
Members Brown and Randels.
SELECTION OF MAYOR PRO TEM: Mayor Hoog requested nominations. A motion was made
by Council Member Brown, seconded by Council Member Walsh, to select Brendan McMillin
City of Cape Canaveral, Florida
City Council Sine Die and Regular Meeting
November 15, 2016
Page 5 of 6
as Mayor Pro Tem. Discussion ensued regarding how City Council traditionally rotates the position.
The motion carried 5-0 with voting as follows: Council Member Brown, For; Mayor Hoog, For;
Council Member McMillin, For; Council Member Randels, For and Council Member Walsh,
For. Mayor Pro Tem McMillin thanked Council.
PUBLIC PARTICIPATION: None.
CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent
Agenda. No items were removed.
6. Approve the Sole-Source purchase and installation of a De-grit system consisting of a
Screw Classifier, Cyclone and Jeta Unit from Ovivo USA, LLC in the amount of $183,534.00 and
authorize the City Manager to execute the Contract.
7. Approve the 2017 City Council Regular and Tentative Budget Meeting Schedule.
A motion was made by Council Member Randels, seconded by Mayor Pro Tem McMillin, to
approve the Consent Agenda. The motion carried 5-0 with voting as follows: Council Member
Brown, For; Mayor Hoog, For; Mayor Pro Tem McMillin, For; Council Member Randels, For
and Council member Walsh, For.
REPORTS:
City Attorney Garganese introduced Kristen Eick as the newest member of his firm.
Council Member Randels shared information regarding his appointment to Brevard County Space
Coast Area Transit "Transit One Board", four new bus shelters coming to the City, Titusville and
Melbourne and bus service expanded on Saturday and holidays.
Mayor Pro Tem McMillin thanked the Candidates who ran for Council, John Bond and Buzz Petsos,
and spoke of the importance of running for election; thanked all of the applicants and Board Members
for their community involvement; reported that he and Council Member Randels attended the Space
Coast Transportation Planning Organization Meeting; and commented North Atlantic Avenue
looking good.
Council Member Brown thanked John Bond for serving on the City Council and his work to provide
scholhips for youth through the Space Coast League of Cities; thanked Mr. Capellan and Ms.
Roberts for work on the Business and Economic Development Board and all that applied for the
Board.
Council Member Walsh requested a round of applause for John Bond and his service to the City;
thanked the individuals who applied to the Business and Economic Development Board and urged
Staff to reach out to those who expressed interest in other Advisory Boards; thanked Shannon Roberts
for her service as a Board Member and City Council Member.
City of Cape Canaveral, Florida
City Council Sine Die and Regular Meeting
November 15, 2016
Page 6 of 6
Mayor Hoog thanked John Bond for his service on Council and the Space Coast League of Cities;
thanked applicants and congratulated those appointed to the Business and Economic Development
Board; congratulated the newly elected Council Members. He urged fellow Council Member
participation on Florida League of Cities Legislative Policy Boards. Mayor Hoog requested John
speak. City Manager Greene announced the City will have a proper good-bye for Mr. Bond
subject to his approval.
John Bond expressed thanks for the five years he served on the City Council and indicated he has not
made a decision yet on whether to run again; thanked everyone for their support; requested to keep
the City moving forward; stated a lot has been done in the last five years and specifically mentioned
his pet project of finishing or tearing down unfinished buildings in the City.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:49 P.M.
(Signature Line)
Bob Hoog, Mayor
(Signature Line)
Mia Goforth, CMC
City Clerk
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/20/2016
Item No. 2
Subject: Approve Contract for Purchase and Sale of a portion of property located at 8817 North
Atlantic Avenue in the amount of $10.00 and authorize City Manager to execute same; accept
North Atlantic Avenue Amenity and Maintenance Easement Agreement at 8817 North Atlantic
Avenue and authorize execution of same.
Department: Economic Development
Summary: In preparation for Phase II of the North Atlantic Avenue Streetscape Project, the
City has been approached by Bruce Wagner, owner of Southgate Mobile Home Park at 8817
North Atlantic Avenue. Mr. Wagner's property lies on both the East and West sides of the road.
He has agreed to the following:
1. Convey to the City a portion of his property lying on the East side of North Atlantic
Avenue as described in the Contract for Purchase and Sale (Attachment 1); and
2. Grant the City a four (4) foot perpetual easement on a portion of his property on the West
side of North Atlantic Avenue, abutting North Atlantic Avenue as described in the
Easement Agreement (Attachment 2).
Both properties will be used for landscaping and public amenities, as described in the Easement
Agreement.
A Metes and Bounds Survey/legal description of the properties will be recorded upon approval.
Submitting Department Director: Todd Morley (Signature) Date: 12/06/16
Attachments:
(1) Contract for Purchase and Sale
(2) Easement Agreement
Financial Impact: Cost of surveys and recordation; Staff time and effort to prepare this Agenda
Item; undetermined cost of improvements, landscaping and maintenance.
Reviewed by Administrative/Financial
Services Director: John DeLeo (Signature) Date: 12/05/16
The City Manager recommends that City Council take the following action:
Approve Contract for Purchase and Sale of a portion of property located at 8817 North Atlantic
Avenue in the amount of $10.00 and authorize City Manager to execute same; accept North
Atlantic Avenue Amenity and Maintenance Easement Agreement at 8817 North Atlantic
Avenue and authorize execution of same.
Approved by City Manager: David L. Greene (Signature) Date: 12/05/16
Attachment 1
CONTRACT FOR PURCHASE AND SALE
THIS CONTRACT FOR PURCHASE AND SALE ("Contract") is made by and between
SOUTHGATE MOBILE HOMES, LLC, a Florida limited liability company, whose mailing
address is 8817 N. Atlantic Avenue, Cape Canaveral, Florida 32920, (hereinafter referred to as
"Seller"), and the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation, with a
principal address of 105 Polk Avenue, Cape Canaveral, Florida 32920 ("Buyer").
For and in consideration of a valuable sum in dollars, the premises and the mutual covenants
and obligations created hereby, as well as other good and valuable considerations, Buyer agrees to buy
and Seller agrees to sell the following described real property subject to and upon the terms and
conditions set forth below. The effective date of this Contract (the"Effective Date") shall be the date
upon which the last of Seller and Buyer shall have signed this Contract.
ARTICLE I - PROPERTY
The real property which is the subject matter of this Contract consists of a cut-out portion of
Brevard County Tax Parcel Number 24-37-14-27-*-D. The larger parcel is comprised of
approximately 7.69 acres of a manufactured housing park located along Atlantic Avenue in Brevard
County Florida ("Larger Parcel"). The portion of the Larger Parcel that is the subject matter of this
Contract and that is to be conveyed by Seller to Buyer is depicted as the "East Property" in Exhibit
"A" attached hereto and fully incorporated herein by this reference (the "Property" or "East
Property").
The parties acknowledge that upon the execution of this Contract the only available depiction
of the Easement Property was the depiction set forth in Initial Exhibit "A". The parties agree that
upon full execution of this Contract by Grantor and City, the City will obtain a survey of the East
Property pursuant to Section 4.2 of this Contract. The survey will be by a metes and bounds
description and said description shall be incorporated into this Contract as if included herein at the
Effective Date of this Contract. The survey and legal description shall be approved by both parties
prior to incorporation into the Contract. Said approval shall not be unreasonably withheld by the
parties. Upon approval of the legal description, the legal description will become the new Metes and
Bounds Exhibit"A" to this Contract. The Metes and Bounds Exhibit "A" shall replace the Initial
Exhibit "A" in all respects and the new Metes and Bounds Exhibit "A" shall be fully incorporated
herein by this reference.
ARTICLE II -PURCHASE PRICE AND OTHER CONSIDERATION
2.1 Purchase Price. The purchase price (the"Purchase Price") for the Property shall be
Ten Dollars and No/100 ($10.00).
2.2 Other Consideration. Seller represents and agrees that it no longer desires to own and
maintain the East Property and that the conveyance of the East Property to the City has significant
value to the Seller and that said value is additional consideration for the purchase of the property.
ARTICLE III - CLOSING AND CLOSING DATE
The transaction contemplated by this Contract shall be closed (the "Closing"), the Purchase
Price applied to closing costs and the deed, and the exclusive possession of the Property, free of all
occupants, shall be delivered to Buyer at Closing. The closing date shall be on or before thirty (30)
days from the Effective Date, unless this Contract is extended by mutual agreement of the parties
pursuant to the terms of Section 5.7 herein.
ARTICLE IV - TERMS AND CONDITIONS
The additional terms and conditions of this Contract are as follows:
4.1. (a) Evidence of Title. Buyer, at Buyer's expense and within ten (10) days from the
Effective Date, shall obtain a title insurance commitment (the "Title Commitment") to issue an
ALTA Owner's Title Insurance Policy from a title insurance company acceptable to Buyer (the"Title
Insurance Company") in the amount equal to the appraisal of the property, naming Buyer as the
proposed insured. The Title Commitment shall show good, marketable and insurable fee simple title
to the Property to be vested in Buyer,liens,encumbrances,exceptions and qualifications which will
not interfere with or impair the Property's use; exceptions permitted by the provisions of this Contract;
and those exceptions which are capable of and are actually to be discharged by Seller at or before
Closing (all other exceptions to title being deemed title defects for purposes of this contract). Legible
and complete copies of all instruments listed as exceptions to title (commonly identified as Schedule
B-II exceptions in the Title Commitment) shall be delivered with the Title Commitment. If title is
found to be defective, Buyer shall, within five (5) days from the date it receives the Title Commitment,
notify Seller in writing to that effect specifying the defects. Seller shall have ten (10) days from the
receipt of Buyer's notice specifying the title defects to cure the defects and, if after said period Seller
shall not have cured the defects, or if Seller shall not have progressed to a point where the defects are
certain to be remedied prior to Closing, or where the removal of such defects is not otherwise assured
to Buyer's satisfaction, Buyer shall have the option of (i) accepting the title "as is" or (ii) terminating
the Contract after which Buyer and Seller shall each be released from all further obligations to each
other respecting matters arising from this Contract.
4.2. Survey. Buyer may, at Buyer's expense, obtain a survey of the Property (the"Survey")
prepared by a licensed Florida land surveyor within the thirty (30) days before closing, or in the
alternative, an update of an earlier survey re-dated to a point in time within the thirty (30) days which
complies with the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys
adopted in 2011. If the Survey shows any encroachments onto the Property and/or improvements
located outside its boundaries or encroachments by improvements principally located on the Property
over required setback lines or over onto the property of others or onto any public right-of-way adjacent
to the Property, or if it is apparent that the Property violates existing title covenants and/or applicable
zoning laws or ordinances, Buyer shall notify Seller in writing to that effect specifying the defects.
Seller shall have until twenty (20) days from receipt of Buyer's notice specifying the Survey defects in
which to cure such defects. If after said period Seller shall not have cured the defects,or if Seller shall
2
not have progressed to a point where the defects are certain to be remedied at or prior to Closing,
Buyer shall have the option of (i) accepting the condition of the Property as disclosed in the Survey in
an "as is" condition, or (ii) terminating the Contract, thereupon Buyer and Seller shall each be released
from all further liabilities and obligations to each other with respect to all matters arising from this
Contract.
4.3. Conveyance. Seller shall convey title to the Property to Buyer by Warranty Deed (the
"Deed"), subject only to: (i) taxes for the year of Closing; and (ii) matters disclosed in the title
evidence provided to and accepted or deemed accepted by Buyer.
4.4. Closing Affidavit. At the Closing, Seller shall furnish Buyer with an affidavit (i)
testifying to the absence of any claims, encumbrances, taxes, assessments, liens or potential lienors
known to Seller not disclosed in the Title Commitment and Deed, (ii) further attesting that there have
been no improvements to the Property by or through Seller for the thirty (30) day period immediately
preceding the date of Closing, the cost of which remains unpaid, (iii) agreeing to take no action prior
to recording the Deed which would adversely affect the title to the Property, (iv) testifying that
possession of the Property is subject only to those matters accepted by Buyer pursuant to the terms
hereof; if any, and that Seller is otherwise in exclusive, peaceable and undisputed possession of the
Property,and (v) testifying that there are no actions or proceedings now pending in any state or federal
court to which Seller is a party including, but not limited to, proceedings in bankruptcy, receivership
or insolvency, which would affect the Property, the title to the Property or Seller's ability to close on
the sale of the Property to Buyer except as disclosed in the Title Commitment. Seller shall also
furnish such other evidence, affidavits or information required by the Title Insurance Company so that
the Title Insurance Company will be able to eliminate all standard exceptions from the Title
Commitment at Closing, except for taxes for the year of Closing which are not yet due or payable.
4.5. Place of Closing. Closing shall be held by express courier or at the offices of the title
agent or at Garganese, Weiss & D'Agresta, P.A.or such other location as is mutually agreed upon by
Buyer and Seller.
4.6. Documents for Closing. Buyer's attorney or title agent shall prepare the Deed, Seller's
affidavit, closing statement, and any corrective instruments that may be required in connection with
perfecting title. Copies of the documents for closing shall be provided to Seller at least forty-eight
(48) hours in advance of the Closing.
4.7. Expenses. State documentary tax for the Deed and the cost of recording all corrective
documents needed to complete the transaction shall be borne by Seller. Buyer shall pay for the title
insurance premium, recording the Deed and all fees and expenses arising from or associated with the
simultaneous issuance of a lender's title insurance commitment and policy, if any, and any and all
endorsements to such policy required by its lender.
4.8. Prorations and Escrow Balance. Taxes and other expenses and all revenue of the
Property shall be prorated as of the date of Closing.
3
4.9. Proration of Taxes; Real and Personal. Taxes shall be prorated based upon the
current year's tax based on the highest discount available at Closing. If the Closing occurs on a date
when the current year's taxes are not fixed and the current yeaes assessment is available, taxes will be
prorated based upon such assessment and the prior year's millage. If the current year's assessment is
not available, then taxes will be prorated based on the prior year's tax; provided, however, if there are
completed improvements on the Property by January 1st of the year of Closing, which improvements
were not in existence on January 1st of the prior year, then the taxes shall be prorated to the date of
Closing based upon the prior year's millage and an equitable assessment to be agreed upon between the
parties, failing which request will be made to the county tax assessor for an informal assessment. If
the Property is assessed as part of a larger tract of land and a "cut out" is not available from the tax
assessor at the time of Closing, the taxes for the Property shall be estimated and prorated based upon
the ratio of the size of the Property in relation to the overall tract of which the Property forms a part,
taking into consideration matters of zoning as described in the tax assessor's records. Any tax
proration based on an estimate may, at the request of either party, be subsequently readjusted upon
receipt of the actual tax bill. This provision for reproration shall survive the Closing.
Real Estate and Personal Property Taxes. Seller shall be responsible for real estate and
personal property taxes owing for tax years prior to the 2016 calendar year, if any,and for the portion
of the 2016 calendar year during which Seller owned the Property (i.e., Seller shall be responsible for
real estate and personal property taxes owing for the period beginning on January 1, 2016 and ending
(but not including) on the Settlement date). Unless Purchaser is exempt from payment thereof by
applicable law, Purchaser shall be responsible for real estate and personal property taxes owing for the
period commencing on the Settlement date and ending on December 31, 2016. The Escrow Agent
shall ensure compliance with Florida Statute 196.295 at Settlement. Purchaser shall pay any real and
personal property taxes billed with respect to the Property after Settlement. Purchaser shall be solely
responsible for and hold Seller harmless from any so-called "rollback" or similar taxes or assessments
owing on the Property resulting from the sale thereof to Purchaser or any change in the Improvements
or the use of the Property by Purchaser following Settlement.
4.10. Special Assessment Liens. Special assessment liens which are certified, confirmed
and ratified as of the date of Closing are to be paid by Seller. Special assessment liens which are
certified,confirmed and ratified but payable in installments post Closing shall be paid in full by Seller
at Closing. Special assessment liens pending as of the date of Closing shall be assumed by Buyer;
provided, however, that if the improvements which form the basis for such special assessment are
substantially completed as of the date of Closing they shall be deemed to have been certified,
confirmed or ratified and Buyer shall, at Closing, be credited with an amount equal to the last estimate
of the assessment for the improvement made by the appropriate public body.
4.11. Default. If Seller fails to perform any of Seller's covenants set forth in this Contract or
fails to convey the Property when Seller is obligated to do so in accordance with the terms hereof,
Buyer shall have, as its sole and exclusive remedy,the right of specific performance against Seller.
4.12. Severability. If any one or more of the provisions of this Contract is held invalid,
4
illegal or unenforceable, the remaining provisions of this Contract shall be unimpaired, and the
remaining provisions of this Contract shall be construed to best carry out the original intent of the
parties hereto.
4.13. Complete Agreement. This Contract evidences the complete understanding of the
parties hereto as respects the matters addressed herein. No agreement or representation, unless set
forth in this Contract, shall bind either of the parties hereto.
4.14 Notices. Notices to Seller and Buyer shall be deemed delivered (i) when hand
delivered, or (ii) one (1) business day following delivery to an express delivery courier, such as
Federal Express, or (iii) three (3) days following deposit in U.S. mail, certified, return receipt
requested. Notice shall be given to the following addresses:
To Seller: Southgate Mobile Homes,LLC
Attn: Bruce K. Wagner
8817 N. Atlantic Avenue
Cape Canaveral, Florida 32920
To Buyer: City of Cape Canaveral
Attention: City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
4.15. Non-Foreign Affidavit. At or prior to Closing, Seller shall provide to Buyer a
Certificate of Non-Foreign Status or a Non-USRPHC Statement described in and complying with
Section 1445(b)(2) or (3) of the Internal Revenue Code of 1986, as amended (the "Code") (all
references to Section or the Code include any successor provisions thereto and any Treasury
Regulations promulgated in connection thereto) and Buyer has no knowledge or notice that such
Certificate or Statement is false.
4.16. Right of Inspection. During the term of this Contract, Buyer, its agents, employees and
representatives, may have access to the Property and the records of the Property (including those on
file with any governmental agency) at all reasonable times subsequent to the Effective Date of this
Contract with the right, at Buyer's expense, to inspect the Property and to conduct all tests and borings
thereon as Buyer, its licensed engineers, surveyors and the like shall deem reasonably necessary or
desirable to fulfill the tests and investigations contemplated by the Contract. Any entry on or to the
Property by Buyer or its authorized representatives pursuant to the provisions hereof shall be at the
risk of Buyer, and to the extent of the monetary limitations in Fla. Stat. 768.28, Buyer hereby
indemnifies, protects, and holds Seller harmless and agrees to defend Seller from and against any and
all claims, demands, losses, damages, and liabilities (including but not limited to personal injury and
property damage claims and mechanics' or other liens), together with related costs and expenses,
including reasonable attorney fees and litigation costs, caused by Buyer or Buyers' agents on or to the
Property. This does not waive Buyer's right to sovereign immunity. In addition, Buyer shall keep the
Property free from any liens which could arise as a result of the exercise by Buyer of any of its rights
5
hereunder.
4.17. WAIVER OF TRIAL BY JURY. SELLER AND BUYER HEREBY MUTUALLY,
VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A
TRIAL BY JURY REGARDING ANY LITIGATION BASED OR ARISING OUT OF, UNDER OR
IN CONNECTION WITH THIS CONTRACT OR ANY AGREEMENT CONTEMPLATED TO BE
DELIVERED IN CONJUNCTION THEREWITH, OR ANY COURSE OF CONDUCT, COURSE
OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF EITHER
PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR EACH OF SELLER AND
BUYER ENTERING INTO THIS CONTRACT.
• ARTICLE V - SPECIAL CONDITIONS
Seller has made a limited number of representations and warranties to Buyer in this Contract.
In consideration of Buyer waiving additional conditions, representations or warranties from Seller,
Seller and Buyer hereby agree as follows:
5.1. Buyer's Conditions Precedent. Buyer's obligation to close under this Contract shall
be subject to the satisfaction of the following conditions precedent enumerated below. In the event
any one of these conditions is not satisfied for any reason whatsoever, then this Contract shall
terminate, and Buyer and Seller shall be fully relieved from all further rights and responsibilities under
this contract.
(A) The complete execution of this Contract by Seller and Buyer and the approval
of this Contract by Buyer's City Council at a public meeting, pursuant to §166.045, Fla. Stat.
(B) No action, suit, proceeding, or official investigation shall have been threatened,
announced, or commenced by any person or federal, state or local government authority or
agency that seeks to enjoin, assess civil or criminal penalties against, or obtain any judgment,
order, or consent decree, with respect to either party hereto, in connection with their
respective representations and obligations under this Contract.
(C) Seller shall fully comply with the provisions of Section 286.23, Florida Statutes
by executing and delivering an Affidavit in the form of the Affidavit of Interest in Real
Property-Florida Statute 286.23, a copy of which is attached hereto as Exhibit "B."
5.2. Inspection Period. Buyer shall have until the Closing date (herein the "Inspection
Period") in which to conduct an investigation of the Property, including, by way of illustration and not
in limitation and subject to Section 4.16: inspections as to the physical condition of the Property,
investigate the availability of utilities, status of zoning or ability to rezone, zoning codes, building
codes, physical condition and any other condition or characteristic of the Property which Buyer may
deem necessary or relevant to Buyer in purchasing the Property, including but not limited to
confirmation that Seller has removed, at Seller's expense, any manufactured home(s), mobile home(s),
or trailer(s) from the Property. Should Buyer, in its sole discretion, for any reason become dissatisfied
6
or concerned with the result of any such investigation, search, inquiry or report as contemplated
hereby, then Buyer may, prior to the expiration of the Inspection Period, terminate this Contract by
written notice thereof to Seller.
5.3. Delivery of Materials. Within five (5) business days after the Effective Date of this
Contract, Seller shall deliver to Buyer copies of all existing studies, tests, environmental audits, soil
borings results, surveys, site plans, reports, plans, permits, petitions, warranties, applications,
certificates, reservations, agreements, development orders, approvals, maps, aerials and related
materials in its possession relating to the Property, including but not limited to copies of any and all
contracts affecting the property related to billboards, any and all leasehold agreements and any other
contract affecting the property that was entered into with a company or other entity engaged in the
business of advertising or marketing.
5.4. Brokerage. Buyer and Seller represent to each other that neither party has dealt with or
engaged a broker with respect to the transaction contemplated herein. Each party hereby agrees to
indemnify the other from and against any claim for brokerage commission or finder's fee asserted by
any other person, firm or corporation claiming by, through or under said party.
5.5. Seller Warranties. During the period that this Contract is in effect, Seller shall
maintain the Property in its current condition, reasonable wear and tear excepted.
5.6. Seller Not to Convey. Seller shall not convey any interest in the Property after the
signing of this Contract without the prior joinder and written consent of the Buyer.
5.7. Extensions of Closing Date. Any extension of the Closing Date shall be by mutual
agreement of the parties.
5.8. Headings: Entire Agreement; Governing Law. The headings contained in this
Contract are for reference purposes only and shall not affect in any way the meaning or interpretation
of this Contract. This Contract constitutes the entire agreement and supersedes all prior agreements
and understandings, both written and oral, among the parties with respect to the subject matter hereof,
and this Contract may be executed in separate counterparts,each of which shall be deemed an original,
and all which shall constitute one and the same instrument. This Contract shall be governed in all
respects, including validity, interpretation and effect, by the laws of the State of Florida.
(Signature Page Follows)
7
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year
indicated below.
Signed, sealed and delivered SELLER:
in the presence of:
Signature SOUTHGATE MOBILE HOMES,LLC
(print name) Daniel LeFever By: Signature
Bruce K. Wagner, Manager
Signatue Date: 11-17-2016
(print name) Todd Morley
Signed, sealed and delivered BUYER:
in the presence of CITY OF CAPE CANAVERAL,FLORIDA
By: blank
blank David L. Greene, City Manager
(print name)
blank Attest:
(print name)
By: blank
Mia Goforth, City Clerk
Date:
8
Aerial Photo
Initial Exhibit "A"
4ft. easement area
Southgate Mobile Home Park
"West Property"
Atlantic Av N
Property to be deeded to the City "East Property"
EXHIBIT "B"
AFFIDAVIT OF INTEREST IN REAL PROPERTY — F.S.286.23
THIS AFFIDAVIT OF INTEREST IN REAL PROPERTY is made and entered into this 17th
day of November, 2016, for the sole purpose of compliance with Section 286.23 of the
Florida Statutes.
The undersigned hereby swears and affirms that the following is true:
The undersigned is the Manager of Southgate Mobile Homes,LLC, the legal title holder of the
real property on the attached described on the attached Exhibit "A"; and (select appropriate option below):
(Checked Box) (check if applicable) — The name(s) and address(es) of every person having a beneficial
interest in the real property described on the attached Exhibit "A" however small or minimal is/are:
Name Address
a) Bruce K. Wagner 8817 N. Atlantic Ave
Cape Canaveral FL. 32920
b) Gloria M. Wagner 8817 N Atlantic Ave
Cape Canaveral FL. 32920 3 2'['2_0
c)
(Unchecked Box) (check if applicable) — All beneficial interests in the property are exempt from disclosure
because the entity identified above as the owner of the real estate is an entity registered with the
Federal Securities Exchange Commission or the Florida Department of Financial Services pursuant to
Chapter 517, Florida Statutes, whose interest is for sale to the general public.
[SIGNATURE ON FOLLOWING PAGE]
10
WITNESSES:
By: Signature
Signature Bruce K. Wagner, Manager
(print) Todd Morley Address: 8817 N. Atlantic Avenue
Cape Canaveral,FL 32920
Signature
(print) Daniel LeFever
11
Attachment 2
Prepared by and Return to:
Anthony Garganese, City Attorney
Garganese, Weiss & D'Agresta, P.A.
PO Box 2873
Orlando, Florida 32802
(407) 595-3766
NORTH ATLANTIC AVENUE
AMENITY AND MAINTENANCE EASEMENT
AGREEMENT
THIS NORTH ATLANTIC AVENUE AMENITY AND MAINTENANCE
EASEMENT AGREEMENT ("Agreement") is made this 17th day of November, 2016
by SOUTHGATE MOBILE HOMES, LLC, a Florida limited liability company, whose
address is 8817 N. Atlantic Avenue, Cape Canaveral, Florida 32920 ("Grantor"), the CITY OF
CAPE CANAVERAL, a Florida municipal corporation, whose address is 105 Polk Avenue,
Cape Canaveral, Florida 32920 ("City").
WITNESSETH
WHEREAS, Grantor, is the fee simple owner of certain real property generally located
adjacent to North Atlantic Avenue in the City of Cape Canaveral and depicted as the "4 ft.
easement area" in the "Initial Exhibit A", and as more particularly described herein
("Easement Property"); and
WHEREAS, City desires to acquire a perpetual easement upon the Easement Property
for the purposes of improving amenities along North Atlantic Avenue as described herein; and
WHEREAS,under the terms and conditions stated herein, the Grantor desires to convey
the easement to the City for right-of-way amenity purposes including, but not limited to,
landscaping, irrigation, wayfinding signage, and other decorative public hardscape amenities
suitable to be located along the existing North Atlantic Avenue right-of-way; and
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration set forth herein, receipt of which is hereby acknowledged, Grantor
and City hereby agree as follows:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby incorporated herein by this reference.
Section 2. The Easement Property. The real property subject to the terms and
conditions of this Agreement is a cut-out portion of Brevard County Tax Parcel Number 24-37-
14-27-*-D. It is shown on the attached "Initial Exhibit A" as the "4 ft.easement area."
Page 1 of 6
The parties acknowledge that upon the execution of this Agreement the only available
depiction of the Easement Property was the depiction set forth in Initial Exhibit "A" The
parties agree that upon full execution of this Agreement by Grantor and City, the City will obtain
a survey of the Easement Property. The survey will be by a metes and bounds description and
said description shall be incorporated into this Agreement as if included herein at the Effective
Date of this Agreement. The survey and legal description shall be approved by both parties prior
to incorporation into the Agreement. Said approval shall not be unreasonably withheld by the
parties. Upon approval of the legal description, the legal description will become the new Metes
and Bounds Exhibit "A" to this Agreement. The Metes and Bounds Exhibit "A" shall
replace the Initial Exhibit "A" in all respects and the new Metes and Bounds Exhibit "A"
shall be fully incorporated herein by this reference. ("Easement Property")
Section 3. Grant of Landscaping, Irrigation and Maintenance Easement. The Grantor
hereby voluntarily grants and conveys unto the City, its successors and assigns, subject to any
previous and duly recorded easements or grants of record, a perpetual, non-exclusive easement to
the City over, under and upon the Easement Property for right-of-way amenity purposes
including, but not limited to, landscaping, irrigation, wayfinding signage, and other decorative
public hardscape amenities suitable to be located along the existing North Atlantic Avenue right-
of-way. ("Easement") The Easement is granted for the express purpose of allowing City to
install, construct, replace, remove, repair and maintain landscaping, irrigation, wayfinding
signage, and other decorative public hardscape amenities suitable to be located along the existing
North Atlantic Avenue right-of-way, and related ingress and egress purposes.
Section 4. Obligations of City. In consideration of the easement granted herein, and in
furtherance of the express purposes stated in Section 3 above, City shall, at its sole cost and
expense, design, purchase, install and maintain the landscaping, irrigation, wayfinding signage,
and other decorative public hardscape amenities, consistent with the requirements of the Cape
Canaveral City Code within the Easement. Further, City shall be responsible for the
maintenance and upkeep of the Easement.
Section 5. Obligations of Grantor. Grantor agrees not to interfere or allow others under
Grantor's control to interfere with the City's right to use the Easement Property as specifically
set forth herein.
Section 6. Grantor's Reservation of Rights. Subject to and conditioned upon the
provisions of Paragraphs 3 and 4 of this Agreement, the Grantor hereby reserves for itself the
right to use the easement areas; provided, however, that Grantor's use shall not (i) violate any
provision of this Agreement, or (ii) unreasonably interfere with any of City's easements, rights or
interest under this Agreement, or (iii) construct any improvements on the easements not
authorized herein.
Section 7. Termination. This Agreement may be terminated at any time by mutual written
agreement of both parties hereto. Further, the City may terminate this Agreement if the City
Council determines that the Easement Property is no longer needed by the City. Upon any such
termination pursuant to this Section, the City shall have 60 days to remove any of the City's
personal property from the Easement Property, and the City shall record a notice of termination
Page 2 of 6
in the public records of Brevard County, Florida. No termination of this Agreement shall be
effective unless and until a notice of termination is recorded in the public records of Brevard
County,Florida.
Section 8. Easement Runs with the Land. This Agreement shall remain a charge against
the Easement Property for the Term of this Agreement. Therefore, this Agreement shall run with
the land and be automatically assigned by any deed or other conveyance conveying the Easement
Property, or a portion thereof, relating to this Agreement, even though the conveyance makes no
reference to these easements as such.
Section 9. Recordation. At such time the new Metes and Bounds Exhibit "A" is approved
by the parties, this instrument shall be recorded by the City in the Official Records of Brevard
County, Florida and may be re-recorded at any time to preserve the rights of either party to this
Agreement.
Section 10. Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed
on the City's potential liability under state or federal law. As such, the City shall not be liable
under this Agreement for punitive damages or interest for the period before judgment. Further,
the City shall not be liable for any claim or judgment, or portion thereof, to any one person for
more than two hundred thousand dollars ($200,000.00), or any claim or judgement, or portion
thereof, which, when totaled with all other claims or judgements paid by the State or its agencies
and subdivisions arising out of the same incident or occurrence, exceeds the sum of three
hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this
Agreement.
Section 11. Liability. Each party hereto shall be liable for its own acts and omissions and the
acts and omissions of its own employees,officers, agents and contractors.
Section 12. Injunctive Relief. The parties agree that, in the event of default, there may not be
an adequate remedy at law, and therefore, it is agreed the parties shall be entitled to seek
injunctive relief, including a mandatory injunction.
Section 13. Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Florida. Venue for all disputes shall be properly placed in Brevard County, Florida.
The parties agree that the Agreement was consummated in Brevard County, and the site of the
easements is in Brevard County, Florida.
Section 14. Notice. All notices, demands, requests, consents, approvals or other
communications (collectively, "Notices") required or permitted to be given hereunder or which
are given with respect to this Agreement shall be effective only if in writing and delivered by
personal service, or delivered to an overnight courier service with guaranteed next day delivery
or mailed by registered or certified mail, return receipt requested, postage prepaid, addressed as
follows:
Page 3 of 6
TO GRANTOR:
Attn: Bruce K. Wagner
Southgate Mobile Homes, LLC
8817 N. Atlantic Avenue
Cape Canaveral, Florida 32920
TO CITY:
Attn: City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
or, to such other address as such party shall have specified most recently by like Notice. The
attorneys for the parties hereto are also hereby respectively authorized to give any Notice
permitted under this Agreement. Any Notice given as provided herein shall be deemed received
as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight
courier service, on the business day immediately following delivery to such service; and if
mailed, on the third business day after mailing.
Section 15. Modification. This Agreement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns, heirs,or representatives thereof.
Section 16. Effective Date; Entire Agreement. This Agreement shall become effective
immediately upon both parties fully executing this Agreement. ("Effective Date"). This
Agreement constitutes the full and entire agreement between the parties hereto and supersedes
any oral or written prior communications between the parties related to the subject matter
contained in this Agreement.
Section 17. Representations. The undersigned representatives hereby represent and warrant
that this Agreement has been duly authorized by their respective agencies and that the
undersigned representatives have the authority to execute this Agreement on behalf of their
respective agencies.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the
day and year first above written.
[Signature Page Follows]
Page 4 of 6
THE CITY:
The City of Cape Canaveral, Florida,
Signed in the presence of: a Florida municipal corporation.
Witness Bob Hoog, Mayor
Witness
ATTEST:
Mia Goforth, CMC
City Clerk
GRANTOR:
Southgate Mobile Homes,LLC,
a Florida limited liability company
Signature
Bruce K. Wagner, Manager
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this 17th day of November,
2016, by Bruce K. Wagner, as Manager of Southgate Mobile Homes, LLC., a Florida limited
liability company, who is personally known to me/produced FL Driver Lic as
identification.
(Notary Seal)
MIA GOFORTH Signature
Notary Public-State of Florida NOTARY PUBLIC
My Commission Expires: 5/16/17
Commission # EE 866939 My Commission Expires: 5/16/17
Bonded Through National Notary Assn Personally known n/a
,
Page 5 of 6
(Aerial Photo)
Initial Exhibit "A"
4ft. easement area
Southgate Mobile Home Park
"West Property"
Atlantic Av N
Property to be deeded to the City "East Property"
Page 6 of 6
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/20/2016
Item No. 3
Subject: Approve First Modification to Port of Call Development Agreement between City of
Cape Canaveral and Astronaut Properties, LLC and authorize the City Manager to execute same.
Department: Economic Development
Summary: In 2012, the City entered into a Development Agreement (DA) with 8600 Astronaut
Properties, LLC, which was succeeded by Astronaut Properties, LLC to construct and operate a
multi-phase Port Of Call facility at 8600 Astronaut Boulevard. The three phases are:
1. Commercial parking,
2. A Port Of Call mix of uses inside the building to support the Port cruise/visitor industry,
and
3. An on-site hotel.
To date, all terms of the Development Agreement are in compliance. Earlier this year, the Owner
(Applicant) contacted Staff regarding a potential redevelopment project which could bring an
additional 150 new jobs to the City, but would require a modification to the DA. The company,
referred to by the Project name "Project Zeus" is the corporate headquarters of a medical
services and management company which already has a large presence in the City. The
Company is considering staying in their current location in Reston, VA or, depending on the
advantages offered, possibly relocating corporate headquarters to the 63,000+ square foot
facility located at 8600 Astronaut Boulevard. The Company currently employs approximately
300 people in the City of Cape Canaveral and plans to create 150 new jobs over 3 years with an
average wage of $66,000 and invest $4,500,000 in new capital expenditures. To make this
happen, the Applicant has requested that City Council approve a modification to the DA so that
the Port Of Call property can instead be used for Project Zeus and transfer the Phases, terms and
conditions of the DA to property under his ownership immediately across the street, on and
around the property containing the Radisson Hotel (Radisson properties). Project Zeus
represents economic diversity and the high wage job climate will likely attract additional
corporate investment to the City. In November 2016, City Council approved a 10-year/100% ad
valorem tax abatement for Project Zeus.
The First Modification To Port Of Call Development Agreement (Attachment) modifies the
following:
• Adds "office" as a Phase 2 use within the commercial structure at 8600 Astronaut
Boulevard.
• Suspends the Phase 1 commercial parking element at 8600 Astronaut Boulevard and
authorizes a one-time reinstatement. This was requested by the Applicant as a safeguard
should the Project Zeus lease terminate.
• Provides for a future abandonment of the Phase 1 commercial parking element at 8600
Astronaut Boulevard if the parking lot portion of the property is ever redeveloped.
• Negates the requirement for a Phase 3 hotel if Project Zeus chooses to locate to 8600
Astronaut Boulevard.
• Provides that, if Project Zeus does not choose to locate to the property, the Phase 3 hotel
requirement remains, in accordance with the original Agreement.
• Introduces a map of the Radisson properties as Exhibit "A".
City Council Meeting
Date: 12/20/2016
Item No. 3
Page 2 of 2
• Requires Owner to allow any future owner of a hotel located on the Radisson properties
to use the Phase 1 commercial parking facility if such use is not suspended or abandoned.
Submitting Department Director: Todd Morley Signature Date: 12-6-16,
Attachment: First Modification to Port of Call DA with Exh. A
Financial Impact: Staff time and cost of Agenda Item preparation.
Reviewed by Administrative/Financial
Services Director: John DeLeo Signature Date: 12-6-16
The City Manager recommends that City Council take the following action:
Approve First Modification to Port of Call Development Agreement between City of Cape
Canaveral and Astronaut Properties, LLC and authorize the City Manager to execute same.
Approved by City Manager: David L. Greene Signature Date:12-6-16
Prepared by:
Anthony A.Garganese,City Attorney
Garganese,Weiss & D'Agresta,P.A.
PO Box 2873
Orlando,Florida 32802
(407)425-9566
And return to:
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral,Florida 32920
FIRST MODIFICATION TO PORT OF CALL
DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION ("First Modification") is made this day of
December, 2016, by and between the City of Cape Canaveral, a Florida municipal corporation
("City"); and Astronaut Properties LLC, a Florida limited liability company authorized to
conduct business in Florida ("Owner").
RECITALS:
WHEREAS, this Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act; and
WHEREAS, this First Modification to development agreement modifies that certain Port
of Call Development Agreement by and between the City of Cape Canaveral and 8600 Astronaut
Properties, LLC, recorded in the Public Records of Brevard County, Florida on January 9, 2013
at Official Record Book 6775, Page 1538 ("Original Agreement"); and
WHEREAS, Astronaut Properties, LLC is the successor in interest to 8600 Astronaut
Properties, LLC and is currently the Owner pursuant to the terms and conditions of the Original
Agreement; and
WHEREAS, the Original Agreement affects real property owned by Owner located at
8600 Astronaut Blvd, Cape Canaveral, Florida ("Property"); and
WHEREAS, the Original Agreement generally sets forth terms and conditions under
which the Owner will develop a three phase "Port of Call"complex on the Property; and
WHEREAS, at the effective date of this First Modification, Owner has completed
development of the consumer transit and transportation service center required under Phase 1 of
the Original Agreement, and is currently seeking development permits from the City for Phase 2;
and
First Modification to Port of Call Development Agreement
Page 1 of 6
WHEREAS, the Owner and the City acknowledge that Project Zeus is currently
considering locating its corporate headquarters on the Property and adding approximately 150
new jobs within the City of Cape Canaveral; and
WHEREAS, the Owner and the City also acknowledge that the City and Brevard County
have proposed granting Project Zeus economic development incentives to locate its corporate
headquarters within the City of Cape Canaveral; and
WHEREAS, in furtherance of enticing Project Zeus to locate within the City of Cape
Canaveral, the Owner and the City desire to modify the Original Agreement to expressly identify
"office" as an allowable land use within the existing building located on the Property in Phase 2,
and to modify the terms and conditions for implementing Phase 3; and
WHEREAS, the City recognizes the need to plan for orderly growth and development;
and to attract tourism and high paying jobs to the City of Cape Canaveral; and
WHEREAS, Owner desires to cooperate with the City regarding the City's economic
redevelopment objectives including allowing the Property to be leased and used by Project Zeus
and to serve as a regional tourist, hospitality, and transportation services hub to the visitors and
citizens of Cape Canaveral and the surrounding communities; and
WHEREAS, Owner also desires to improve and enhance the Property consistent with the
standards and requirements of the City's A1A Economic Opportunity Overlay District; and
WHEREAS, the City has determined that the proposed redevelopment of the Property is
consistent with and furthers the City's goals of encouraging and creating corporate headquarters,
tourism, and creating attractive, functional and lasting buildings and places; and
WHEREAS, the proposed redevelopment of the Property will add substantial value to
the City's ad valorem tax base and enhance and protect the commercial corridor and primary
entrance to the City of Cape Canaveral; and
WHEREAS, the City Council finds this Agreement to be consistent with the City's
Comprehensive Plan and land development regulations; and
WHEREAS, the City and Owner believe it to be in the best interests of each party to
enter into this Agreement to effectuate the redevelopment of the Property, subject to the terms
and conditions agreed to hereunder; and
WHEREAS, it is the intent and purpose of this First Modification to bind the Property to
the terms and conditions stated in this First Modification.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements set forth and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,the parties agree as follows:
Port of Call Development Agreement
City of Cape Canaveral/8600 Astronaut Properties LLC
Page 2 of 6
Section 1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by reference.
Section 2. Authority. This Agreement is entered into pursuant to the City's home
rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers
Act.
Section 3. Amendment to Permitted Phase 2 Land Uses. The City and the
Owner agree that the redevelopment of the Property during Phase 2 may also include office use
within the existing two-story commercial structure of approximately 63,000 square feet located
on the Property.
Section 4. Future Suspension and Reinstatement of Phase 1; Abandonment.
(A) In the event the City and the Owner agree to a redevelopment project for Phase 2
that requires Owner to suspend, one-time, the consumer transit and transportation service center
developed during Phase 1 on the Property including, but not limited to the Project Zeus project,
Owner may reinstate the Phase 1 consumer transit and transportation service center in the future
provided said reinstatement shall be allowed only one-time and shall comply with the
requirements set forth in the Original Agreement, as may be amended by Owner and City.
Owner shall provide the City with prior written notice of any such suspension or reinstatement of
the consumer transit and transportation service center.
(B) However, if the portion of the Property on which the consumer transit and
transportation service center exists at the Effective Date of this First Modification is ever
redeveloped for other land use purposes with a new structure or structures and related
infrastructure, the consumer transit and transportation service center shall be deemed
permanently abandoned at such time the City issues a building permit for said structure(s) and
infrastructure.
Section 5. Phase 3 Development.
(A) If Project Zeus locates on the Property, the requirement for a Phase 3 hotel and
conference center under Section 5(C) of the Original Agreement shall be terminated and no
longer be required by the City to be constructed on the Property.
(B) If the City receives notice that Project Zeus has chosen not to locate on the
Property, the Phase 3 hotel and conference center required by Section 5(C) of the Original
Agreement shall be constructed by Owner in accordance with terms and conditions set forth in
the Original Agreement.
(C) Notwithstanding subsections (A) and (B) above, Owner covenants and agrees that
Owner shall allow any hotel located on the real property tax parcels listed below to use the
Port of Call Development Agreement
City of Cape Canaveral/8600 Astronaut Properties LLC
Page 3 of 6
consumer transit and transportation service center developed during Phase 1 on the Property for
passenger transportation services in accordance with reasonable commercial terms and
conditions acceptable to the Owner and the owner of such hotel(s). Said covenant is conditioned
upon the consumer transit and transportation service center not being under suspension or
abandonment in accordance with the terms and conditions of this First Modification. Said parcels
are generally located directly across Highway A 1 A and identified as follows: 24-37-15-00-
00838.0; 24-37-15-00-00766.0; 24-37-15-00-828.0; 24-37-15-00-767; 24-37-15-00-00769.0;
24-37-15-00-00769.1; 24-37-15-00-00752.0; 24-37-15-00-00770.1; 24-37-15-00-00754.1. A
map of said Parcels is attached hereto and fully incorporated herein as Exhibit "A." The
owner(s) of the aforementioned parcels are hereby deemed third party beneficiaries of this
covenant and shall, in addition to the City, have the right to enforce this covenant against Owner.
Owner shall be responsible for providing written notice of this covenant to the parcel owners. It
is the intent and purpose of this covenant to ensure, to the extent reasonably practicable, that the
consumer transit and transportation service center remain affiliated at all times with one or more
hotels offering tourist related services whether located on the Property and/or the aforesaid tax
parcels.
Section 6. Effective Date and Recording of the First Modification. This First
Modification shall be effective upon full execution by the parties hereto and upon recording by
the City with the Clerk of the Court for Brevard County, Florida. ("Effective Date"). This First
Modification shall be recorded by the City upon the Property.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
[EXECUTION PAGES FOLLOW]
Port of Call Development Agreement
City of Cape Canaveral/8600 Astronaut Properties LLC
Page 4 of 6
CITY:
City of Cape Canaveral,
a Florida municipal corporation.
By:
David L. Greene, City Manager
ATTEST:
By:
Mia Goforth,CMC
City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Cape Canaveral,
Florida only.
CITY SEAL Date:
By:
Anthony A. Garganese, City Attorney for
the City of Cape Canaveral, Florida
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of , 2016,
by David L. Greene, well known to me to be the City Manager of the City of Cape Canaveral
and acknowledged before me that they executed the foregoing instrument on behalf of the City
of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
Port of Call Development Agreement
City of Cape Canaveral/8600 Astronaut Properties LLC
Page 5 of 6
Signed, sealed and delivered in the OWNER:
presence of the following witnesses:
Astronaut Properties LLC,
a Florida limited liability company.
Signature of Witness
By:
Printed Name of Witness
Robert A. Baugher, Managing Member
Date:
Signature of Witness
Printed Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2016, by Robert A. Baugher, as Managing Member of Astronaut Properties
LLC, a foreign limited liability company, on behalf of said company. He is personally known to
me or produced as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
Port of Call Development Agreement
City of Cape Canaveral/8600 Astronaut Properties LLC
Page 6 of 6
EXHIBIT "A"
MAP of Tax PARCELS
Map Parcel ID (Aerial map)
1 24-37-15-00-838;
2 24-37-15-00-766;
3 24-37-15-00-828
4 24-37-15-00-767;
5 24-37-15-00-769;
6 24-37-15-00-769.1;
7 24-37-15-00-752;
8 24-37-15-00-770.1;
9 24-37-15-00-754.1;
I:
: L
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/20/2016
Item No. 4
Subject: Ordinance No. 01-2017; amending Chapter 6, Article III of the Cape Canaveral City
Code to clarify that drinking, consumption or possession of open containers of alcoholic
beverages upon public dune crossovers is unlawful; providing for penalties for violations of
Chapter 6, Article III of the Cape Canaveral City Code including a Class I Civil Citation penalty;
providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the
City Code; severability and an effective date, first reading.
Department: Culture & Leisure Services/Community Development
Summary: Staff recently became aware of concerns raised by residents and visitors about
individuals with open containers of alcoholic beverages on the City's beach crossovers. Staff
reached out to Brevard County Sheriff's Office (BCSO) to address the situation. It was noted by
BCSO that enforcement of City Code related to this issue was hampered because of the lack of
specificity in the current City Code. Furthermore, City Code was not specific as to its
applicability to beach crossovers. It was also noted/suggested the penalty for violation of this
section of the Code needed further clarification.
Staff, BCSO and City Attorney's Office propose passage of the attached Ordinance. Article VI,
Division 2 of the City Code has been amended to include possession and consumption of
alcoholic beverages on public beach crossovers is a Class I citation. Also, that Class I citations
can be enforced by other means including, but not limited to a summons, a notice to appear in
the county or circuit court, an arrest, an action before the special magistrate/code enforcement
board or a civil action for injunctive relief.
Submittin Department Directors: Gustavo Vergara/David Dickey Signatures Date: 12-12-16
Attachment: Ordinance No. 01-2017
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Signature Date: 12-7-16
The City Manager recommends that City Council to take the following action:
Adopt Ordinance No. 01-2017 at first reading.
Approved by City Manager: David L. Greene Signaute Date: 12-9-16
1
ORDINANCE NO. 01-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING CHAPTER 6, ARTICLE III OF THE CAPE
CANAVERAL CITY CODE TO CLARIFY THAT
DRINKING, CONSUMPTION OR POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES UPON
PUBLIC DUNE CROSSOVERS IS UNLAWFUL;
PROVIDING FOR PENALTIES FOR VIOLATIONS OF
CHAPTER 6, ARTICLE III OF THE CAPE CANAVERAL
CITY CODE, INCLUDING A CLASS I CIVIL CITATION
PENALTY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CITY CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council desires to specifically clarify that the drinking,
consumption, and possession of open containers of alcoholic beverages upon public dune
crossovers is unlawful in the City; and
WHEREAS, the City Council, in accordance with Chapter 162, Florida Statutes, desires
to establish penalties for violations of Chapter 6, Article III of the Cape Canaveral City Code,
including a Class I civil infraction; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapters 2 and 6 of the Code of Ordinances, City of Cape
Canaveral, Florida, are hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 2 or 6. It is intended that the text in Chapter 2 or 6 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
to adoption of this Ordinance):
Chapter 2 Administration
City of Cape Canaveral
Ordinance No.01-2017
Page 1 of 4
* * *
ARTICLE VI.— CODE ENFORCEMENT
* * *
DIVISION 2.— CODE ENFORCEMENT CITATIONS
* * *
Sec 2-283. -Applicable codes and ordinances; class violation.
(a) The following city codes and ordinances may be enforced by civil citation to the Brevard
County Court, and are assigned the violation classification enumerated below:
(1) Chapter 38, article IV, Fireworks Class II.
(2) Chapter 34, article II, Litter Class I.
(3) Chapter 34, article III, Property Maintenance Standards Class I.
(4) Chapter 34, article V, Noise Class I.
(5) Chapter 34, article VII, Lights Class I.
(6) Section 14-3, Bees and beehives prohibited Class I.
(7) Chapter 14, article III, Sea Turtles Class I.
(8) Section 110-467, Garage sales Class I.
(9) Section 110-582, Swimming pool barriers Class II.
(10) Chapter 62, Solid waste Class I.
(11) Section 110-487, Rental restrictions on dwelling units Class IV.
(12) Chapter 82, article XIV, Numbering of Buildings and Property Class I.
(13) Chapter 82, article V, Registration and Maintenance of Properties in Foreclosure
Class IV.
(14) Section 94-6, Prohibited signs and features Class I.
(15) Chapter 90, article V, construction site stormwater runoff control Class II.
(16) Chapter 92, Fertilizer Land Application Class I.
(17) Chapter 6, article III, Possession and Consumption Class I.
(b) In the event of a conflict between the civil penalties enumerated in this section and a civil
penalty specifically enumerated elsewhere in this Code or other ordinances,the more stringent
penalty shall apply.
* * *
Chapter 6 Alcoholic Beverages
City of Cape Canaveral
Ordinance No.01-2017
Page 2 of 4
ARTICLE I.—IN GENERAL
Sec. 6-1. —Penalty.
Any person violating this chapter shall be punished as provided in section 1-15, (begining of underlined text) or as otherwise
specifically provided herein. (end of underlined text)
ARTICLE III.—POSSESSION AND CONSUMPTION
DIVISION 1. - GENERALLY
Sec. 6-51. - Streets, alleys, sidewalks and parking areas.
(a) It shall be unlawful for any person to drink, consume or possess an open container
of alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and
wine, on or upon any street, alley, walkway, sidewalk, public dune crossover, or any city
public parking area open to the public in the ordinary course of business within the city.
Sec. 6-54. —Penalties.
(begining of underlined text)
Any person who violates or fails to comply with any provision of this Article III, Division I,
"Possession and Consumption—Generally" shall be subject to the following:
(a) The issuance of a Class I citation in accordance with the provisions of section 2-280, et
seq., "Code Enforcement Citations,"; or
(b) Enforcement by other means including, but not limited to: a summons; a notice to appear
in the county or circuit court; an arrest; an action before the special magistrate/code
enforcement board; or a civil action for injunctive relief; or
(c) Punished in accordance with the general penalty set forth in section 1-15 of this Code.
(end of underlined text)
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
City of Cape Canaveral
Ordinance No.01-2017
Page 3 of 4
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become 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 , 2016.
Bob Hoog, Mayor
ATTEST: For Against
Mia Goforth, CMC Mike Brown
City Clerk
Robert Hoog
Brendan McMillin
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.01-2017
Page 4 of 4
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/20/2016
Item No. 5
Subject: Ordinance No. 02-2017;amending Appendix B of the City Code,related to assessment
of Building Permit fees;providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability and an effective date, first reading.
Department: Community Development
Summary: Currently, City Code stipulates Building Permit Fees will be calculated solely upon
Building Valuation Data published by the International Code Council(ICC),which is an average
construction cost per square foot. These values are provided by construction type and are on a
National level. It is Staff's experience this approach consistently underestimates the value of
proposed construction.As Building Permit Fees are based on the value of construction,the result
is a reduction of fees collected.
The Proposed Ordinance would provide the Building Official (BO) with a second methodology
for calculation of Building Permit Fees. This approach would allow for calculation of fees based
upon the value of the proposed project as documented by a contract between property owner
and contractor. This would provide for a true reflection of local building costs and values.
For example, using the current ICC valuation model, the proposed Twistee Treat project on
Astronaut Boulevard generated $1,091 in Building Permit Fees. The amount is reached by
multiplying the square footage of the building (583 sq. ft.) by $131.99 per square foot (ICC
value for this type of a restaurant). In comparison, the proposed contract approach ($150,000)
would result in a $1,624 of fees, or 48 percent more revenue. One of the recent single-family
homes built in the City paid $2,144.98 in permit fees.Under the new calculation,the same home
would have paid $2,714, an increase of 26 percent.
The following local communities were contacted to determine various methods used for
calculating fees:
• Titusville calculates its fees based upon actual construction cost provided by the
applicant as evidenced by a valid contract or professionally certified construction cost
estimate. If,in the opinion of the BO,the value is underestimated he/she can set the value
of construction using the latest data published by ICC.
• Cocoa Beach values new construction from data published by ICC. All other permits/
values are based off the actual contract price.
Building Permit Fees are a type of user fee paid to the City when the Building Department's
services are required. Building Permits are required for,among other things, construction of new
buildings, additions or remodeling of existing structures and installation of fences and signs.
Currently, annual fees generated by this revenue source do not cover the cost of Department
personnel. The City's 2016/17 Budget includes a revenue of $95,000 for Building Permit Fees.
This only covers 50% of the cost to operate the Building Depai tnuent. As a result, the General
Fund (taxpayers) underwrites the cost of providing this service. The attached proposed
Ordinance No. 02-2017 would shift the cost of providing Building Department services to actual
users of the services.
City Council Meeting
Date: 12/20/2016
Item No. 5
Page 2 of 2
At its November 23, 2016 meeting, the Planning & Zoning Board unanimously recommended
approval of the Proposed Ordinance.
Submitting Department Director: David Dickey Signature Date: 12-12-16
Attachment: Ordinance No. 02-2017
Financial Impact: Annual Building Permit Fee increase of 20 percent or $19,000. Staff time to
prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Signature Date: 12-9-16
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 02-2017 at first reading.
Approved by City Manager: David L. Greene Signature Date: 12-9-16
ORDINANCE NO. 02-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING APPENDIX B OF THE CITY CODE, RELATED TO
ASSESSMENT OF BUILDING PERMIT FEES; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b),
Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City Council desires to accomplish a more accurate realization of project
value in the process of assessing building permit fees for new structures; and
WHEREAS,the current City Code currently relies solely on valuation data published by the
International Code Council to assess applicable building permit fees for new structures; and
WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at a
duly noticed public hearing held on November 23, 2016, and said Board has recommended approval
of the amendments to the City Code; and
WHEREAS,the City Council of the City of Cape Canaveral,hereby finds this Ordinance to
be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Appendix B. Appendix B of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout
type indicates deletions,while asterisks (***)indicate a deletion from this Ordinance of text existing
in Appendix B. It is intended that the text in Appendix B, denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
APPENDIX B
***
Subpart B. Land Development Code
City of Cape Canaveral
Ordinance No.02—2017
Page 1 of 3
Chapter 82. Buildings and Building Regulations
***
(A) Building permit fees. On all buildings, structures or alterations requiring a building
permit, a fee set forth below shall be paid at the time the permit is issued:
Permit fees by total valuation:
***
The total valuation for assessment of permit fees for new structures shall be based (begining of underlined text) upon the actual
construction contract price for the new structure(s), with satisfactory evidence of same being
submitted to the building official, or a construction cost estimate made by the building official,
using the latest valuation data published by the International Code Council (I.C.C.), whichever is
greater, except as otherwise provided in this section. In no case shall the valuation be less than
that determined by using (end of underlined text) (beginging of strikeout text) on (end of strikeout text) the latest valuation data published by the (begining of underlined text) I.C.C. (end of underlined text)
(begining of strikeout text) International Code Council (I.C.C.).
For construction work not addressed in the latest valuation data published by the I.C.C., such
valuation shall be based upon the actual construction contract price, with satisfactory evidence
of same being submitted to the building official, or a construction cost estimate made by the
building official, except as otherwise provided in this section. (end of strikeout text)
***
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
may be corrected and additions, alterations,and omissions,not affecting the construction or meaning
of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause,phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive,procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No.02—2017
Page 2 of 3
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this day of
, 2017.
Bob Hoog, Mayor
ATTEST: For Against
Mia Goforth, CMC Mike Brown
City Clerk
Robert Hoog
Brendan McMillin
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.02—2017
Page 3 of 3
[City Seal]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/20/2016
Item No. 6
Subject: Appointment of Voting Delegate/Director and an Alternate to the Space Coast League
of Cities.
Department: Administrative Services
Summary: Every December, the governing body of each member municipality must appoint a
Voting Delegate/Director and an Alternate to the League. Only the member municipality's
elected officials, city manager, city attorney, city clerk and department directors are eligible to
be a Voting Delegate/Director and an Alternate. The person appointed as Voting Delegate serves
as both the member municipality's Voting Delegate at membership meetings and as its
representative to the Board of Directors. The Voting Delegate and the Director are the same
person. The sole function of the Alternate for the Voting Delegate/Director is to vote in the
absence of the Voting Delegate/Director.
Council Member Brown is the current Voting Delegate/Director and former Council Member
Bond is the Alternate.
Submitting Department Director: Mia Goforth Signature Date 12-5-16 Date: / 6
Attachment: 2017 Appointment of League Voting Delegate/Director Form
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Signature Date: 12-2-16
The City Manager recommends that City Council to the following action:
Designate a Voting Delegate/Director and an Alternate.
Approved by City Manager: David L. Greene Signature Date: 12-5-16
Seal of Space Coast League of Cities SPACE COAST LEAGUE OF CITIES, INC.
A Florida Not-for Profit Corporation
CAPE CANAVERAL INDIALANTIC MELBOURNE BEACH ROCKLEDGE
COCOA INDIAN HARBOUR BEACH MELBOURNE VILLAGE SATELLITE BEACH
COCOA BEACH MALABAR PALM BAY TITUSVILLE
GRANT-VALKARIA MELBOURNE PALM SHORES WEST MELBOURNE
"CITIES OF BREVARD WORKING TOGETHER"
2017 Appointment of League Voting Delegate/Director
The Bylaws of the Space Coast League of Cities require the following:
• Every December,the governing body of each member municipality must appoint a Voting
Delegate/Director and Alternate to the League.
Eligibility: Only the member municipality's elected officials,manager, attorney, clerk,
and department heads are eligible to be a Voting Delegate/Director and Alternate. Any
Voting Delegate/Director or Alternate who ceases to hold such a position ceases at the
same time to be a Voting Delegate/Director or Alternate.
Functions: The person appointed as Voting Delegate serves as both the member
municipality's Voting Delegate at membership meetings and its representative to the
Board of Directors. The Voting Delegate and the Director is the same person. The sole
function of the Alternate for the Voting Delegate/Director is to vote in the absence of the
Voting Delegate/Director.
• Following the appointment,the names of the Voting Delegate/Director and the Alternate must be
promptly certified in writing to the League Secretary.
• Because the number of votes allocated to member municipalities for membership meetings is based upon
population, each member municipality must also certify its current population figures when it certifies its
Voting Delegation/Director and Alternate.
Accordingly,please provide and certify the information requested below and return this form promptly to the
League Executive Secretary at the email address: execsec@scloc.org.
Municipality: Current Population:
Voting Delegate/Director:
Email address: Telephone Number:
Alternate Voting Delegate/Director:
Email address: Telephone Number:
I hereby certify that the above named persons were duly appointed by our governing body and the
foregoing information is correct.
Municipality Clerk's signature: Date:
Space Coast League of Cities- 1600 Huntington Lane-Rockledge, FL.32955-Phone(321)421-7171
Email: execsec@scloc.org