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HomeMy WebLinkAbout10-16-2018 Agenda Packet CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA October 16, 2018 6:00 P.M. 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. PRESENTATIONS/INTERVIEWS: 6:15 p.m. 6:40 p.m. Presentation of the John Land Award to Council Member Rocky Randels in honor of his 30 years as an elected official by Florida League of Cities Membership Services Manager Mark R. Sittig. Presentation by Keep Brevard Beautiful Litter Quitter Program Coordinator Kaylan Palmer. Presentation by Brevard County District 2 Commissioner Jim Barfield. Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2017. Interview Applicants for appointment to the Culture and Leisure Services Advisory Board. (Timothy Bass, Larry Holmes and Barbara A. McPeek) CONSENT AGENDA: 6:40 p.m. 6:45 p.m. 1. Approve Minutes for September 4, 2018 Special and September 18, 2018 Regular City Council Meetings. 2. Resolution No. 2018-17; appointing Members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Timothy Bass, Larry Holmes and Barbara A. McPeek) 3. Approve granting a Conservation Easement to St. Johns River Water Management District for a portion of the City-owned property at the western end of Long Point Road and authorize the City Manager to execute the Deed of Conservation Easement and Permanent Access Easement for same. City of Cape Canaveral,Florida City Council Meeting October 16, 2018 Page 2 of 2 4. Approve the Eleventh Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of$48,054 with Black's Spray Service, Inc. and authorize the City Manager to execute same. 5. Approve the Third Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of$205,985 with SSS Brevard OPCO,LLC dba Green Leaf Landscaping & Irrigation and authorize City Manager to execute same. 6. Accept 2018 Community Survey Report. 7. Follow-up items related to the Conveyance of a Portion of Puerto Del Rio Drive to the City originally approved by the City Council on September 16, 2016; specifically, approval of: (1) Agreement Regarding Amendment to Agreement to Dedicate Roadway; (2) Easement to Puerto Del Rio Condominium Association; and(3)Estoppel Certificate from Puerto Del Rio Condominium Association. PUBLIC HEARING: 6:45 p.m. 6:50 p.m. 8. Ordinance No. 10-2018; 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, 2017, and ending September 30, 2018; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first reading. INFORMATIONAL REPORTS: Items for informational purposes only. No City Council action required. • Memorandum of Agreement between Brevard County Emergency Management Office and the City of Cape Canaveral to join the AlertFlorida emergency mass notification system. • Free Public Internet Access via Wi-Fi in the City Council Chambers. REPORTS: 6:50 p.m. 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 x207 or x206) 48 hours in advance of the meeting. [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 PRESENTATIONS/INTERVIEWS Subject: Presentation of the John Land Award to Council Member Rocky Randels in honor of his 30 years as an elected official by Florida League of Cities Membership Services Manager Mark R. Sittig. Department: Legislative Summary: Council Member Rocky Randels was elected to City Council in November 1987, serving as a Council Member for ten years until he ran and was elected Mayor in 1997. He held that position for the next 18 years until November 2015, when Mr. Randels chose not to run for re-election. One year later, Council Member Randels was elected back onto City Council for a new term, which he is currently serving. This November will mark Mr. Randels' 30th year as an elected official of the City of Cape Canaveral. To mark this occasion, Mark R. Sittig, on behalf of the Florida League of Cities, will be presenting the John Land Award to Council Member Randels. This Award, named in honor of long-time Apopka Mayor John Land, commemorates elected officials across the State that have dedicated decades of service to the public as representatives in municipal governments. Submitting Department Director: Mia Goforth Date: 10/5/18 Attachment: None. Financial Impact: Staff time/effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/4/18 The City Manager recommends that City Council take the following action: Recognize Council Member Rocky Randels with the Presentation. Approved by City Manager: David L. Greene Date: 10/4/18 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 PRESENTATIONS/INTERVIEWS Subject: Presentation by Keep Brevard Beautiful Litter Quitter Program Coordinator Kaylan Palmer. Department: Community Engagement & Economic Development Summary: Due to its location between two vital bodies of water, the City of Cape Canaveral is a unique environment and the perfect place to educate, motivate and activate Community pai tilers to reduce litter, recycle, beautify and sustain our natural resources for the benefit of residents and the ecosystem. Currently,the City is exploring how to address the issue of plastics. The statistics on plastic waste are staggering. According to the United Nations Environment Programme, an estimated 60-90% of marine litter is made up of different plastic polymers. The plastic waste in question can vary in size and shape from large containers, packing material, food packaging, single-use items like foam cups and lids, straws, plastic bags, fishing line or nets and also minuscule plastic pellets or particles called"microplastics." Cape Canaveral has access to single-stream recycling, which means all clean recyclables are placed together loosely in the same bin or cart. The Community has the ability to recycle aluminum, corrugated boxes, glass, magazines, paper (newspaper and mixed), plastics (#1-2 PET and HDPE), steel and tin cans as well as phonebooks. However, recycling in general is not a perfect solution as unrinsed or unclean items can lead to system contamination. In addition, common items like straws and plastic bags cannot be recycled due to certain polypropylene resins or limited technologies, and all of this is often overlooked due to a general lack of knowledge about what can and cannot be recycled. Residents and business owners regularly voice concerns and support for progressive sustainability measures through email, social media, City meetings and more recently, the Cape Canaveral 2018 Community Survey which recorded the responses of 1,151 participants. Data from the survey shows that Community cleanliness (e.g. litter on the beach and streets), the health of the Indian River Lagoon and protecting sea turtles are considered extremely important by residents. Survey findings also show the Community believes more can be done to protect our natural environment. In 2008, House Bill 7135: Florida's "Green" bill was signed into law and required the Florida Department of Environmental Protection (FDEP) to develop a comprehensive recycling program to be presented to the Florida Legislature by January 1, 2010. FDEP was required to analyze the need for Statewide regulations relating to auxiliary containers, wrappings or disposable plastic bags, which are used by consumers to carry products from grocery stores and other retail establishments. FDEP submitted its report in 2010, suggesting various options to decrease plastic bag use but none of the recommendations have been adopted. Local governments and other governmental agencies are prohibited from adopting any rules, regulations or ordinances regarding the "use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, wrappings, or disposable plastic bags" until the Florida Legislature adopts and implements the recommendations of the FDEP. In 2015, the Brevard County Commissioners voted unanimously to ask the Florida Legislature to give Counties and Cities in Florida home rule power to regulate single-use plastic, but there were no specific regulations on single-use plastics from that action. In February 2018, the City Council Meeting Date: 10/16/2018 Presentations/Interviews Page 2 of 3 Brevard County Commissioners asked for municipal support of House Bill H6039 and Senate Bill S1014, both of which sought to regulate auxiliary containers, wrappings and disposable plastic bags. Both bills died at the subcommittee level in March 2018. In July 2018, the Space Coast League of Cities (SCLOC) passed Resolution No. 2018-03 encouraging businesses and residents of Brevard County municipalities to discontinue the use of plastic drinking straws, plastic stir sticks and similar plastic items in working toward a cleaner and safer environment. For the last decade Cape Canaveral has proactively worked to combat climate change, upgrade infrastructure and position itself as a resilient and sustainable coastal Community. Staff is currently working on reusable bags for City event giveaways and prizes, a Community Outreach Session to address how to properly use single-stream recycling, obtaining a State Revolving Fund(SRF)loan to address multiple necessary Public Works Services Department-related utility projects, a Water Reclamation Facility tour and process video aimed at Community outreach and updated stormwater management standards to include low impact development (LID) guidelines for the implementation of rain gardens, barrels and other LID techniques, many of which aim to reduce nutrients from entering the Banana and Indian River Lagoons. To ensure Cape Canaveral moves ahead on a green path, Staff regularly participates in sustainability-and green infrastructure-related webinars, organizes beach cleanups like the Keep Brevard Beautiful (KBB) Trash Bash and International Coastal Cleanup, attends workshops and explores creative sustainable initiatives such as the sea oats planting event and living shorelines. The KBB Litter Quitter Program is an extension of this work. Relaunched on September 7, 2018, the KBB Litter Quitter Program—backed by support from the Brevard Zoo — aims to reduce Brevard County's plastic footprint by educating and interacting with local business owners to encourage them to reduce common sources of litter in the form of single-use plastics such as straws, plastic utensils, plastic bags and polystyrene (Styrofoam). In exchange for participating in the Litter Quitter Program,businesses receive free marketing promotion, discounts on sustainable products and networking and education opportunities. Three Cape Canaveral businesses are currently enrolled in the Litter Quitter Program: Sunseed Food Co-op, Inc., IAP Worldwide Services and Sandy Beach Surfing. Research conducted by the Economic Development Director identified nine additional Cape Canaveral restaurants already making efforts to curb single-use plastic waste. They are Barkada Bowl, Cafe Monte Carlo, Cape Grill & Bar, Darci's Bacon Blues, Euro Kafe Etcetera, Fanny's Fried Chicken, Kelsey's Italian Restaurant & Pizzeria and Preacher Bar, Zachary's Restaurant and Zarrella's Italian & Wood Fired Pizza. The Community Engagement Director nominated these nine restaurants to be recognized by the KBB Litter Quitter Program for their current single-use plastic reduction efforts. The Community Engagement Director has also arranged for the Litter Quitter Program Coordinator to brief Council and the Community at the October 16,2018 City Council Meeting. The goal is to have all Cape Canaveral restaurants, businesses, residents and visitors fully embrace the actions and best practices put forth by the Litter Quitter Program while working to do everything within their power to reduce single-use plastics in our Community. City Council Meeting Date: 10/16/2018 Presentations/Interviews Page 3 of 3 Encouraging the reduction of single-use plastics is an excellent initiative that will allow the Community to have a positive impact on the City's wildlife, waterways, environment and beyond. The goal and success of a plastic-free or reduced-plastic Cape Canaveral depends on the willingness of our Community to consciously change its current practices of consumption and attitudes on waste. Submitting Department Directors: Joshua A. Surprenant &Todd Morley Date: 10/8/18 Attachments: • Attachment 1 — Creating A Litter-Elimination Program For Your Business • Attachment 2 —Benefits for Member Businesses Additional Information: • www.keepbrevardbeautiful.org/our-programs/litter-quitter • United Nations Environment Programme • http://web.unep.org/unepmap/un-declares-war-o cean-plastic Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/4/18 The City Manager recommends that City Council take take the following action: Receive presentation by Keep Brevard Beautiful Litter Quitter Program Coordinator Kaylan Palmer. Approved by City Manager: David L. Greene Date: 10/4/18 Attachment 1 Creating A Litter-Elimination Program For Your Business WHY IT MATTERS We can't thank you enough for your interest in being a waste- reduction trendsetter! Here in Brevard County,the local business community has great power to limit the amount of litter in our area's beautiful waterways and natural spaces.And thanks to our proximity to the ocean,the actions we take here can have positive impacts worldwide'. Both locally and globally, plastics and polystyrene represent some of our biggest challenges, when it comes to litter. One piece of plastic takes 500-1,000 years"to break down, while polystyrene (Styrofoam) can stay in the environment for 1 million years" or longer. But by reducing the amount of single-use plastics and Styrofoam packaging we use in daily food service and business activities, we can have a real impact. In some cities, studies found that 49 percent"of litter resulted from to-go food service items, which presents an exciting opportunity.Just imagine the impact we can all make through our business choices if we work together to reduce litter! KEY CONCEPT Minimizing your company's litter output comes down to the familiar waste-reduction adage of"reduce, reuse, recycle." To reduce the amount of plastics and polystyrene your customers use,you can either choose not to distribute certain items, like lids, straws, plastic utensils and paper napkins, or you can give customers the option to forgo those items by making them self-service or asking before handing them out. Plastics and polystyrene litter can also be reduced by switching to products made of alternative materials that will degrade more quickly if they find their way into local natural areas. For example, a paper cup can degrade in as little as 1-2.5" months, while a polystyrene cup will persist for many millennia. Most single-use items, such as straws or plastic cutlery, are also easily replaced with reusable options for in-store use that cut back on waste while saving you money, too.And last but not least, you can incorporate recycling into your business in a variety of important ways. Provide recycling bins for your customers on-site, and when you must use single- use items instead of reusable options, choose items made from recycled and recyclable materials. These items have been saved from becoming litter once already and can be repurposed again, given the chance! SPECIFIC EXAMPLES To get you started thinking like a Litter Quitter, here are a few examples of problematic products and ways you can address the issues ... SINGLE-USE PLASTIC STRAWS THE FACTS American's use 500 million plastic drinking straws each day, an average of 1.6 straws per person, per day. That amount could fill 125 school buses"'. Straws are a frequent component of beach litter, and like all single-use plastics, they are a petroleum-based productvii that can take a thousand years to break down. They are also not recyclable in Brevard Countyviii. In many restaurants, straws are one of the only non-reusable items used for dine-in food service, and most frequently, straws are automatically included with each drink served. However, studies have shown that 50 to 80 percent of customers declined a straw when offered, so by simply asking your customers before handing out straws, you can cut your plastic straw usage in half or more, preventing litter while also saving your business moneyix. Consider implementing an "ask-first" straw policy at your restaurant or remove plastic straws from your business altogether by replacing them with reusable alternatives for dine-in service.And in situations where you must provide a straw, such as a to-go order where a customer has specifically asked, consider using a paper straw that will at least biodegrade quickly if it becomes litter. REPLACEMENT PRODUCT EXAMPLES Reusable Straws: • Glass, Steel, Plastic: http://www.greenmunch.ca/reusable-straws/ • Bamboo: http://www.bambuhome.com/products/bamboo-straws • Glass, Plastic, Steel, Bamboo: http://www.reuseit.com/rusearch.htm?tSearch=straw • Glass: https://www.strawesome.com/classics-glass- straws/?subcats=Y&features hash=V4757 Paper Straws: (Recommended for to-go drinks only) • http://www.sustyparty.com/collections/straws/products/straws-red • http://www.aardvarkstraws.com/ordering/buy-food-service-straws-now • http://www.kikkerland.com/products/paper-straws-+-blue-144-per-box/ TO-GO CONTAINERS, UTENSILS AND BAGS THE FACTS: Plastic and polystyrene (Styrofoam) products, which are also a type of plastic, never fully degrade in the environment. Instead,they simply break down into smaller pieces. So, in our oceans,these non-degradable plastic and Styrofoam products have formed massive floating islands of garbage, along with aquatic clouds of microplastic featuring 750,000 tiny bits of plastic in a single square kilometer. Countless marine animals, like endangered loggerhead sea turtles, die from ingesting these plastics,which they mistake for food, and all the while, plastics continuously leach and absorb harmful chemicals that then enter the food chain. Plastic bags and Styrofoam cups are among the most common components of this oceanic garbagex, and even when properly disposed of, Styrofoam to-go cup and containers and plastic bags are not recyclable in Brevard County facilitiesxi. "Compostable" alternatives to these products will only biodegrade in commercial composting facilities, which the county does not have. So give customers the option to bring their own cups or Tupperware for to-go items and simply carrying their items out of the store instead of automatically being provided with a bag. When you must provide packaging, choose an option that is sustainable and will biodegrade quickly, such as recycled paper products, or at the very least, use only plastic products that are recycled and recyclable. The same goes for utensils, and be sure to avoid the extra plastic waste of bundled wrapped utensils. REPLACEMENT PRODUCT EXAMPLES • Recycled paper boxes: http://www.treecycle.com/catfoodservice.html • Recycled cardboard pizza box: http://www.prattplus.com/browse/packaging/corrugated- cardboard/corrugated-boxes/8-pizza-box-takeout-container- pra1308?gclid=CJ2b24yCpsICFXAS7AodZjsADQ • Recycled paper bags: http://www.treecycle.com/catbag.html • Recycled paper cups and recycled plastic lids: http://www.webstaurantstore.com/579/green-recycled-paper-hot-cups- and-lids.html • Recycled plastic cups: http://www.webstaurantstore.com/645/green- recycled-and-biodegradable-plastic-cold-cups.html?vendor=Dart-Solo • Plant-based fiber: http://begreenpackagingstore.com/ • Recyclable foil containers: http://www.foodservicewarehouse.com/disposables/aluminum-food- containers/c15578.aspx NAPKINS THE FACTS: An EPA study in 2012 found that paper and paperboard constituted the third largest portion of discarded municipal solid waste, after food waste and plastics. That year, Americans threw away almost 25 tons of paper, but each ton of paper recycled could save the equivalent of 165 gallons of gasolinexii. A study in 2013 showed that American diners use an average of about 3 paper napkins per meal, but that same study showed that the majority of Americans prefer cloth napkins at sit-down restaurants.xiii So, if your restaurant has the ability to do laundry, consider using reusable napkins instead of disposable ones. If not, switch to a napkin dispenser engineered to release only one napkin at a time. This will cut down on your customers' napkin waste by up to 30%XIV, and therefore,your napkin expenses. Also be sure to use 100% recycled paper napkins to avoid putting strain on virgin forest resources. And remember, food-soiled napkins are not recyclable,but they are compostablexv. REPLACEMENT PRODUCT EXAMPLES • Dispenser: http://www.synergyconsultants.com/stop-napkin-waste-at-your- restaurant/ • Dispenser: http://www.gppro.com/category_napkins.aspx • Recycled paper: http://shop.seventhgeneration.com/napkins/ • Recycled paper: http://letsgogreen.biz/pages/paper/napkins.html • Recycled paper: http://www.ecoproductsstore.com/napkins.html • Reusable: http://www.webstaurantstore.com/33753/cloth-napkins.html i http://www.coastal.ca.gov/publiced/marinedebris.html ii http://www.takepart.com/oceans/plastic-pollution http://recycle.uoregon.edu/Factoids.htm iv http://www.triplepundit.com/2011/06/fast-food-big-source-trash-pollution/ v http://recycle.uoregon.edu/Factoids.htm vi http://www.nps.gov/commercialservices/greenline straw free.htm vii http://www.local10.com/news/Miami-Beach-bans-drinking-straws/11222922 viii http://wfit.org/post/brevard-county-solid-waste-talks-recycling ix http://www.nps.gov/commercialservices/greenline straw free.htm X http://education.nationalgeographic.com/education/encyclopedia/great-pacific- garbage-patch/?ar a=1 xi http://www.brevardcounty.us/solidwaste/recyclinginformation xii http://www.epa.gov/osw/nonhaz/municipal/pubs/2012 msw fs.pdf xiii http://www.ramw.org/blog/study-shows-us-consumers-prefer-cloth-napkins xiv http://www.gppro.com/category napkins.aspx xv https://alumni.stanford.edu/get/page/magazine/article/?article id=29080 Attachment 2 Benefits for Member Businesses • A Litter Quitter window sticker notifying potential customers of your sustainability commitment • Promotional listings on the websites of program partners and social media spotlights o Brevard Zoo and Keep Brevard Beautiful • Mentions of your company in press releases to local media outlets and promotion of your company at public outreach events • Group pricing discounts on sustainable product lines from major supply distributors o Aardvark, Eco-Products, and Edward Don & Co. • Networking and education opportunities via local sustainability summits o Done annually, it is a great way to bring support to your business! • An annually organized "day of support" driving new customers to your business • Litter Quitter members can include their certification as a practice in the Indian River Lagoon Green Business pledge. [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 PRESENTATIONS/INTERVIEWS Subject: Presentation by Brevard County District 2 Commissioner Jim Barfield. Department: Legislative Summary: Jim Barfield was elected to the Brevard County Board of County Commissioners (BOCC)in November 2014 and served as BOCC Chairman from November 2015 to November 2016. Mr. Barfield represents District 2, which includes the Cities of Cape Canaveral, Cocoa, Cocoa Beach, Rockledge and neighboring unincorporated areas, including Merritt Island. He has requested an opportunity to address Cape Canaveral's City Council, before his term ends this November, to provide an update on the BOCC, and District 2 in particular. Submitting Department Director: Mia Goforth Date: 10/4/18 Attachment: None. Financial Impact: Staff time/effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/4/18 The City Manager recommends that City Council take the following action: Receive presentation by Brevard County District 2 Commissioner Jim Barfield. Approved by City Manager: David L. Greene Date: 10/4/18 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 PRESENTATIONS/INTERVIEWS Subject: Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2017. Department: Legislative Summary: The Government Finance Officers Association (GFOA) has recognized the Financial Services Department for excellence in Financial Reporting by awarding "The Certificate of Achievement for Excellence in Financial Reporting" for its Comprehensive Annual Financial Report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR was judged by an impartial panel to meet the highest standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals. This is the 23rd consecutive year that the City of Cape Canaveral's Financial Services Department has received this prestigious award for excellence in financial reporting. The award exemplifies the dedication, knowledge and professionalism of the Financial Services Department Staff. Submitting Council Member: Mayor Bob Hoog Date: 10-8-18 Attachment: GFOA News Release Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/4/18 The City Manager recommends that City Council take the following action: Recognize the Financial Services Department with The Certificate of Achievement for Excellence in Financial Reporting. Approved by City Manager: David L. Greene Date: 10/4/18 GOVERNMENT FINANCE OFFICERS ASSOCIATION NEWS RELEASE FOR IMMEDIATE RELEASE 09/18/2018 For more information contact: Michele Mark Levine, Director/TSC Phone: (312) 977-9700 Fax: (312)977-4806 E-mail: mlevine@gfoa.org (Chicago, Illinois)--The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of Cape Canaveral by Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s) or department designated by the government as primarily responsible for preparing the award-winning CAFR. The CAFR has been judged by an impartial panel to meet the high standards of the program, which includes demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. Government Finance Officers Association is a major professional association servicing the needs of nearly 19,000 appointed and elected local, state, and provincial-level government officials and other finance practitioners. It provides top quality publications, training programs, services, and products designed to enhance the skills and performance of those responsible for government finance policy and management. The association is headquartered in Chicago, Illinois, with offices in Washington, D.C. 203 NORTH LASALLE STREET, SUITE 2700, CHICAGO, ILLINOIS 60601-1210 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 PRESENTATIONS/INTERVIEWS Subject: Interview Applicants for appointment to the Culture and Leisure Services Advisory Board. (Timothy Bass, Larry Holmes and Barbara A. McPeek) Department: Culture & Leisure Services Summary: Three members of the City's Culture and Leisure Services (CLS) Advisory Board had their terms end on October 1, 2018 and are not eligible for reappointment per City Code of Ordinances Section 2-171(f). On September 27, 2018, the CLS Board interviewed and recommended Timothy Bass, Larry Holmes and Barbara A. McPeek to fill the upcoming vacancies on the Board. Mr. Bass, Mr. Holmes and Ms. McPeek are residents of Cape Canaveral and meet all of the eligibility criteria established in City Code. Their professional background/experience is relevant to CLS Board duties and based on their interviews/interest in the City of Cape Canaveral CLS Board, the Board recommends they be appointed by the City Council (Attachment 2). Submitting Department Director: Gustavo Vergara Date: 10/8/18 Attachments: 1 —Board Applications 2 —CLS Board Recommendation Memo Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: JohnDeLeo Date: 10/4/18 The City Manager recommends that City Council ta e the following action: Interview Applicants Timothy Bass, Larry Holmes and Barbara A. McPeek. Approved by City Manager: David L. Greene Date: 10/5/18 Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Timothy Bass 2. Home Address: 248 Coral Dr., Cape Canaveral, FL 32920 3. Home and Cellular Telephone: 321-607-1603 4. Occupation: Civil Servant - Assistant Chief Counsel 5. Business Telephone: 6. Business Address: NASA/KSC 7. E-Mail: spacelawtim@gmail.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) X (N) 3a. Are you a Business owner: (Y) (N) X 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) X 4b. If yes to 4a. have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) X 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent TAB to a standard criminal background check before being ______________ appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) X (N) 7a, Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) X 7b. If yes to 7a, please provide name(s) of person(s)and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City ,advisory board or committee: Giving back to the community and helping it achieve positive progress 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. 3 Business and Economic Development Board c. Code Enforcement Board* d. 2 Community Appearance Board e. Construction Board of Adjustment and Appeals* f. 1 Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Have been a member of many boards and committees as part of my work for the Federal government. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Lawyer, international business, economics, Eagle Scout, Volunteer for city functions, worked for Parks + Rec in old home town. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes Page 2 of 3 RACE GENDER African-American X Male Asian-American Female Hispanic-American Not Known X Native-American X Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" (SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Timothy Bass Date: 17 July 2018 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Culture and Leisure CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Larry Holmes 2. Home Address: 266 Polk Avenue Cape Canaveral 3. Home and Cellular Telephone: 703-869-0831 4. Occupation: Retired 5. Business Telephone: Not Applicable 6. Business Address: Not Applicalbe 7. E-Mail: LNJSHOLMES@AOL.COM B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? X(Y) (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? X (Y) (N) 3a. Are you a Business owner: (Y) (N) X 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction?Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) X 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) 5b. If yes to 5a, please list each: Library Board Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent LH to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) (N) X 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) 7b. If yes to 7a, please provide name(s)of person(s)and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I am an active surfer and the head lacrosse coach of Cocoa Beach High School. Would like to keep kids active. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. Code Enforcement Board* d. Community Appearance Board e. Construction Board of Adjustment and Appeals* f. X Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Member of Library Board 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Head lacrosse coach at Cocoa Beach High School, Coach travel lacrosse team the Space Coast Stingrays D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American X Male Asian-American Female X Hispanic-American Not Known Native-American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Larry Holmes Date: 7/11/2018 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 7/11/18 LH Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: BARBARA ANN McPeek 2. Home Address: 8500 Ridgewood Avenue #106. C.C. FL 32920 3. Home and Cellular Telephone: 321-784-0986/321-961-3375 4. Occupation: N/A 5. Business Telephone: 6. Business Address: 7. E-Mail: bamcpeek@gmail.com ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) X(N) 3a. Are you a Business owner: (Y) (N) X 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction?Any plea of nob contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) X 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) X 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you'voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) X (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) X 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest To expand the visibility of Cape Canaveral I have served on the board of Canaveral Sands and have served as director of Space Coast Pride. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: on which you wish to serve: a. 7 Board of Adjustment* b. 3 Business and Economic Development Board c. 8 Code Enforcement Board* d. 2 Community Appearance Board e. 4 Construction Board of Adjustment and Appeals* f. 1 Culture and Leisure Services Board g. 5 Library Board h. 6 Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian-American X Female Hispanic-American Not Known Native-American X Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions re•arding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 207. Signature: Barbara McPeek Date: 09/14/18 Please return to: City of Cape Canaveral Office of the City Clerk 100 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 9/17/18 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Attachment 2 7300 North Atlantic Ave, Cape Canaveral, FL 32920 CITY OF CAPE CANAVERAL P.O. Box 326 321-868-1220 Culture & Leisure Services Memo TO: Cape Canaveral City Council VIA: David L. Greene, City Manager FROM: Gustavo Vergara, Culture&Leisure Services Director DATE: 9/28/2018 RE: Recommendation to the City Council—Culture and Leisure Services Board Mr. Timothy Bass,Mr. Larry Holmes and Ms. Barbara A. McPeek At the September 27,2018 Culture and Leisure Services Board meeting,the Board interviewed five(5) applicants to fill three vacancies starting October 1,2018.Based on their interviews and experience,the Board recommended upcoming vacancies be filled by Mr. Timothy Bass, Mr. Larry Holmes and Ms. Barbara A.McPeek. Please let me know if you have any questions. Thank you. Item No. 1 CAPE CANAVERAL SPECIAL CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral, Florida TUESDAY September 4, 2018 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:30 PM. Council Member Morrison led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond Others Present: City Manager David L. Greene City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Community Development Director David Dickey Community Engagement/Deputy Public Works Services Director Joshua Surprenant Culture& Leisure Services Director Gustavo Vergara Capital Projects Director Jeff Ratliff Economic Development Director Todd Morley Public Works Services Director Debra Holliday Financial Services Deputy Director Melinda Huser Human Resources/Risk Management Director Jane Ross Deputy City Clerk Daniel LeFever Brevard County Sheriff's Office Commander Linda Moros Canaveral Fire Rescue Chief Dave Sargeant Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham PUBLIC PARTICIPATION: Ross McCluney, 219 Johnson Avenue, stated he was representing resident Ray Osborne and inquired if funds were budgeted to support efforts related to resiliency, public forums and the Study being conducted by the East Central Florida Regional Planning Council on behalf of the City and others agencies. Mayor Hoog referred to a variety of related budgeted items pointing out all of which were explained to Mr. Osborne at the last Budget Workshop Meeting. City of Cape Canaveral, Florida City Council Special Meeting September 4, 2018 Page 2 of 3 Pennie Zuercher, 8657 Villanova Drive, explained how debt service works related to capital costs for government construction projects and how operation and maintenance costs would never impact debt service because those are future estimated costs. PUBLIC HEARINGS: 1. Resolution No.2018-11;adopting a tentative millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2018/2019 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Council discussion ensued and included clarification regarding the police education fund and officer issued citations throughout the State, clarification regarding the operation and maintenance cost estimates for the Multi-Generational Facility project, reasons for not supporting the proposed Budget, priorities regarding walking and biking, increasing Code Enforcement Staff versus appointing a magistrate, improving communication, long-term debt, funding for amenities such as the CAPE Center,the Indian River Lagoon issues effects on all cities, the parks, schools and the public interest in making property values rise, speaking for projects and then voting against them, taking advantage of low interest rates for City improvements, efforts to clean up blight in the City, increased quality of life in the City and the desire to move forward with the proposed Budget. City Attorney Garganese read the title into the record, explained the item and stated a motion would be in order. The Public Hearing was opened. Ross McCluney, resident, asked for a ratio of the debt to the total proposed Annual Budget.Administrative/Financial Services Director John DeLeo responded. Mr. McCluney spoke in favor of the proposed Budget. Geoffrey Zuercher, 8657 Villanova Drive, inquired how long both Mayor Hoog and City Manager Greene have been involved with the City of Cape Canaveral and about their opinions on the health of the Budget now and going forward. Both Officials provided personal information and professional opinions regarding the Budget. City Manager Greene commented how the City survived two hurricanes in one fiscal year and finishing the year in good financial condition.Mr.Zuercher asserted the amount of debt in order to take on the Multi- Generational Facility project is reasonable,not a burden and will be an asset to the City and future generations.Ray Osborne,209 Holman Road,requested information regarding climate change and if there will be any funds in the Budget to address rising seas and salt intrusion. The Public Hearing was closed. Discussion ensued and included concerns over the health of the Indian River Lagoon, the health of the City sidewalks and walkability, the death rates on State Road AlA, Code Enforcement, disagreements over what the citizens want such as the CAPE Center project and whether the Budget is being addressed proportionally, how Council Members do not agree on everything, the necessity of upgrades in order to keep people in the City and those being part of the Visioning, Staff success in reducing the Millage Rate, sustainability information provided by Community Engagement Director Surprenant including the City Comprehensive Plan having been updated in 2017 with the Coastal Management Element, the number of municipal and other agencies participating in the East Central Florida Regional Planning Council Regional Resiliency Action Plan study and efforts after completion to identify and fund what the City needs, the stormwater and wastewater projects that address sustainability in the proposed Budget, how few people attend the Action Plan open meetings and encouraged everyone attend the City Community Brainstorms. Discussion continued regarding priorities such as the Lagoon, climate change,baffle boxes, State Road AlA and Council desire to do what is best for future generations.A motion was City of Cape Canaveral, Florida City Council Special Meeting September 4, 2018 Page 3 of 3 made by Council Member Randels and seconded by Council Member Raymond to adopt Resolution No. 2018-11. The motion carried 5-0. 2. Ordinance No. 08-2018; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019; providing for an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. Pennie Zuercher, resident, spoke in favor of Capital projects in the proposed Budget,how the majority of sidewalks are in very good walkable shape with room for improvement and thanked the Council. The Public Hearing was closed. A motion was made by Council Member Randels and seconded by Council Member Raymond for adoption of Ordinance No. 08-2018, at first reading. The motion carried 4-1,with Council Member Morrison voting against. ADJOURNMENT: There being no further business, the Meeting adjourned at 6:18 PM. Mia Goforth, CMC, City Clerk Bob Hoog,Mayor CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral, Florida TUESDAY September 18, 2018 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:01 PM. Council Member Morrison led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond Others Present: City Manager David L. Greene City Attorney Anthony Garganese City Clerk Mia Goforth Community Development Director David Dickey Community Engagement/Deputy Public Works Services Director Joshua Surprenant Administrative/Financial Services Director John DeLeo Culture & Leisure Services Director Gustavo Vergara Capital Projects Director Jeff Ratliff Economic Development Director Todd Morley Public Works Services Director Debra Holliday Cultural Programs Manager Molly Thomas Deputy City Clerk Daniel LeFever Brevard County Sheriff's Office Commander Linda Moros Brevard County Sheriff's Office Lieutenant Quincy Hines Canaveral Fire Rescue Chief Dave Sargeant Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham PUBLIC PARTICIPATION: Planning & Zoning Chairperson John Price, 161 Majestic Bay Avenue #301, detailed the Pink Ribbon Walk to be held on October 6, 2018 at Port Canaveral. Patrick Campbell, 307 Surf Drive, shared concerns regarding temporary elections signs, public records request fees and how anonymous complaints are processed. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation declaring October as National Long-Term Care Residents' Rights Month to Robert K. Cochrane,East Central District Manager for the Florida Ombudsman Program: Mayor Hoog presented the Proclamation to Mr. Cochrane. Mr. Cochrane thanked Council and all present and described the work of the Ombudsman Program. City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2018 Page 2 of 4 CONSENT AGENDA: Mayor Hoog inquired if any items needed to be removed for discussion. Council Member Morrison removed Item No. 1. 1. Approve Minutes for August 21,2018 City Council Budget Workshop and Regular Meeting. 2. Resolution No. 2018-12; reappointing a Member to the Code Enforcement Board of the City of Cape Canaveral;providing for the repeal of prior inconsistent resolutions,severability and an effective date. (Charles L. Hartley) 3. Resolution No. 2018-13; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. 4. Resolution No. 2018-14; authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Resolution No. 2018-16; a joint Resolution of the City Council of the City of Cape Canaveral, Florida ("City"), and the Cape Canaveral Community Redevelopment Agency "Agency"); recognizing a Joint Public Partnership Between the City and the Agency related to the pending redevelopment activities associated with the redevelopment of Canaveral City Park including the construction of a new Multigenerational Center and the Cape Canaveral Cultural Arts Preservation Enrichment (CAPE) Center (collectively referred to as "redevelopment activities"); providing for a financial contribution from the Agency to assist in funding the redevelopment activities; providing for the approval of an Interlocal Agreement memorializing the terms and conditions of the Agency's commitment to assist in funding the Redevelopment Activities in an annual amount equal to the annual principal and interest payment paid by the City on the bank loan with Whitney Bank (d/b/a Hancock Bank) which was authorized by the City Council under Ordinance No. 07-2017 and Resolution No. 2017-10 in an amount equal to $6.2 million,for the express purposes stated in the Loan Agreement of the redevelopment of Canaveral City Park including the construction of a new Multigenerational Center, the Cape Canaveral Cultural Arts Preservation Enrichment(CAPE) Center and related capital improvements located within the Redevelopment Area; providing for the repeal of prior inconsistent resolutions, no conflicts; severability and an effective date. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to approve Item Nos. 2 through 5. The motion carried 5-0. #1 Discussion centered on the Public Participation statements made by Ms. Gioia Massa during the August 21, 2018 Regular Meeting. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Brown, to amend the last sentence of Ms. Massa's Public Participation to read "[...] and urged Council to consider all in addition to delaying the project." The motion carried 5-0. A motion was made by Council Member Randels, seconded by Council Member Raymond, for approval of Item No. 1, as amended. The motion carried 5-0. City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2018 Page 3 of 4 PUBLIC HEARING: 6. Ordinance No. 07-2018; providing for an additional homestead exemption for limited income persons 65 and older who qualify for the exemption in accordance with law; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, reporting the Ordinance to the Brevard County Property Appraiser, severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Discussion ensued and included supporting residents eligible for the exemption. A motion was made by Council Member Randels, seconded by Council Member Raymond, for adoption of Ordinance No. 07-2018 at second reading. The motion carried 5-0. 7. a. Resolution No. 2018-15; adopting a Final Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2018/2019 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. There being no comment,the Public Hearing was closed. Discussion ensued regarding fiscal management and City projects. Patrick Campbell complimented the City on the Budget and the ability to get through the last five years of independent audits with no findings. A motion was made by Council Member Randels, seconded by Council Member Raymond, for adoption of Resolution No. 2018-15. The motion carried 5-0. b. Ordinance No. 08-2018; adopting the Annual General Fund,Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019; providing for an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. Pennie Zuercher, 8657 Villanova Drive, commended Council and Staff on the Budget. Patrick Campbell expressed concern regarding increasing revenues and potential debt load. The Public Hearing was closed. Discussion ensued regarding the City debt-to-income ratios,financial health versus budgetary priorities,the need for infrastructure improvements,projects, Code enforcement and blight, how a number of other cities have increased millage rates as compared to the City being below roll-back over the years, Citizens depend on Council to make decisions and move forward for them, activities with Space Coast Transportation Planning Organization and how all of these items will be further addressed using the Citizen surveys during the Strategic Planning Retreat next year. A motion was made by Council Member Randels, seconded by Council Member Raymond, for adoption of Ordinance No. 08-2018 at second reading. The motion carried 4-1,with Council Member Morrison voting against. REPORTS: Council Member Raymond detailed her attendance at the Space Coast League of Cities dinner and Board of Directors meeting, Florida League of Cities committee meetings, September Friday Fest, Kidney Foundation event at the Radisson, Cuban Minority Empowerment event in Cocoa Beach; and read an original limerick dedicated to Council Member Morrison. Council Member Randels thanked all in attendance and urged to hold Council responsible at this time next year for what has and has not been accomplished. City of Cape Canaveral, Florida City Council Regular Meeting September 18, 2018 Page 4 of 4 Council Member Morrison detailed his attendance at a 9/11 memorial ceremony in Merritt Island, participation in a Keep Brevard Beautiful clean-up event, success of the City's Beach & Kite Festival,the importance of Suicide Awareness Month and a Cape View Elementary charity event. Mayor Pro Tem Brown discussed his attendance at an electric vehicle event in Satellite Beach, Cape Canaveral's environmental accomplishments, an event at Cape View Elementary, thanked Staff for the Beach & Kite Festival and offered prayers for residents in the Carolinas. Mayor Hoog spoke of his attendance at a Florida League of Cities policies committee meeting, thanked all in attendance and inquired if anyone had anything further to discuss. A resident from 123 Oak Lane approached the dais without consent,requested and received every phone number of individuals seated at the dais and related a concern regarding an appeal to be heard by City Council at a future meeting. Frank Bull,513 Washington Avenue,reported non-functional streetlights on Ridgewood Avenue. Geoffrey Zuercher, 8657 Villanova Drive, urged for decorum at meetings. Mayor Hoog, City Manager Greene and City Attorney Garganese each cautioned and advised Council to avoid discussions with anyone regarding Oak Lane prior to a planned appeal hearing. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:37 PM. Bob Hoog, Mayor Mia Goforth, CMC, City Clerk [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 Item No. 2 Subject: Resolution No. 2018-17; appointing Members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Timothy Bass, Larry Holmes and Barbara A. McPeek) Department: Legislative Summary: At its September 27, 2018 Meeting, the Culture and Leisure Services (CLS) Board interviewed applicants in advance of three vacancies opening up on October 1, 2018. The CLS Board voted to recommend Timothy Bass, Larry Holmes and Barbara A. McPeek for appointment to fill said vacancies. Following the completion of their first appointed term, Mr. Bass, Mr. Holmes and Ms. McPeek will be eligible for reappointment to the CLS Board for one additional term, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon City Council to appoint members to the CLS Board. Submitting Department Director: Mia Goforth Date: 10/5/18 Attachment: Resolution No. 2018-17 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/4/18 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2018-17. Approved by City Manager: David L. Greene Date: 10/5/18 RESOLUTION 2018-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING MEMBERS TO THE CULTURE AND LEISURE SERVICES BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 54-26 established a Board known as the Culture and Leisure Services Board; and WHEREAS,it is now incumbent upon the City Council of the City of Cape Canaveral to appoint Members to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment. Pursuant to Section 2-171(e) of the Cape Canaveral City Code,the City Council of the City of Cape Canaveral hereby appoints the following individuals to the Board indicated below: Timothy Bass, Larry Holmes and Barbara A. McPeek shall be appointed to the Culture and Leisure Services Board, to serve until October 1, 2021. Following the completion of their first term, these appointees shall be eligible for reappointment to the Culture and Leisure Services Board for one additional term consistent with the limitations set forth in Section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause,phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of October, 2018. [Signature Page Follows] City of Cape Canaveral Resolution No.2018-17 Page 1 of 2 Bob Hoog, Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC Bob Hoog City Clerk Wes Morrison Rocky Randels Angela Raymond Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2018-17 Page 2 of 2 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 Item No. 3 Subject: Approve granting a Conservation Easement to St. Johns River Water Management District for a portion of the City-owned property at the western end of Long Point Road and authorize the City Manager to execute the Deed of Conservation Easement and Permanent Access Easement for same. Department: Capital Projects Summary. The City-owned property located at the western end of Long Point Road consists of approximately 7.9 acres including 4.8 acres of forested wetlands and 3.1 acres of mangrove swamp and represents one of the last natural habitat areas within the City limits. However, the property is approximately 70%-80% covered with non-native plant species (primarily Brazilian pepper trees)which will continue to displace native plant species if eradication activities are not performed. Eradication of these non-native plant species and the planting of new vegetation will help restore the property to its native habitat thus providing critical habitat for bird species including heron, ibis, spoonbill, osprey, brown pelican and sea gull and other animal species. The property,which has been divided into Segments 1, 2 and 3 from east to west for operational purposes, is shown on the Project Location and Restoration Plan Maps included in Attachment #1. Project History. The City applied for and was awarded a grant in 2007 through the Estuary Habitat Restoration Program administered by the US Army Corps of Engineers(USACOE)with the intention of eradicating non-native plant species and planting of new vegetation to restore the property to its native habitat. The grant is a 65%-35%match and includes USACOE funding of$114,000 with a City match of$76,000. In preparation for the site work with USACOE, the City was approached by a local developer about using a portion of the property(Segment 2) to obtain mitigation credits. The developer is constructing a small subdivision in Cocoa, Florida, and will be filling jurisdictional wetlands and proposed clear-cutting on approximately one-half of the City-owned property(Segment 2) and replanting with native species to obtain mitigation credits with St. Johns River Water Management District (SJRWMD). The City previously agreed to this Management Plan and approved a Deed of Conservation Easement and Permanent Access Easement with SJRWMD for Segment 2. Proposed Future Activities. To complete the clear-cutting and replanting of the remaining portion of the property (Segment 3), the City previously approved a Participation Agreement (PA) with SJRWMD. The PA stipulates that SJRWMD will provide funding for the clear- cutting/replanting and future monitoring of Segment 3 provided the City approve a Deed of Conservation Easement and Permanent Access Easement. Considering available City funds and estimated project costs, this approach to improving the property is a win-win for all parties involved. From the City's perspective, the City will be able to restore the entire property (Segments 1, 2 and 3) to a more native condition at little or no cost to the City. In addition, the Deed of Conservation Easement allows for the (1) construction of an environmental education boardwalk and wildlife observation platforms along the Banana River and(2) installation of bat and bird houses throughout Segment 3. The Deed of Conservation Easement and Permanent Access Easement,included in Attachments#2 and#3 respectively, are subject to final technical revisions by the City Attorney. City Council.Meeting Date: 10/16/2018 Item No. 3 Page 2 of 2 To limit project costs and complete the work in a timely manner, the City will contract with the developer's contractor so that proposed tasks on all 7.9 acres (Segments 1, 2 and 3) can be completed in a single mobilization. To perform the work, the property will be accessed through the end of Long Point Road. Equipment will be mobilized and used to clear-cut the entire property of non-native vegetation;native trees and shrubs will remain. All vegetative debris will be mulched for spreading onsite; no offsite disposal of vegetation will be required. Contractor personnel will then treat the remaining stumps of all non-native plant species with commercially available herbicide (Roundup and/or Pathfinder). It is anticipated that two herbicide treatments will be required to completely eradicate the non-native plant species. Upon completion of the treatment activities, selected native trees/shrubs and mangroves (Rhizophola mangle) will be planted to restore the property to a coastal habitat.The City also maintains the option to construct an environmental education boardwalk (and other facilities) on the property, which would provide educational opportunities to the public and access to the Banana River. Possible future property improvements are shown on the Restoration Plan Map included in Attachment#1. Potential Offsite Activities. At the suggestion of SJRWMD, Staff are in consultation with property owners located to the south of the City-owned property to obtain title to two riverfront parcels which would further expand the habitat restoration project. These properties are owned by Cape Gardens Condominium and Canaveral Bay Condominium. If successful,obtaining title to these parcels would provide an additional 7.00 acres of riverfront property to be clear-cut of non-native vegetation and replanted with native trees/shrubs. SJRWMD would provide all funding for restoration work on the additional acreage; these activities would provide for additional mitigation credits to Florida Department of Transportation (FDOT) for the future expansion of State Road 528. Recommendation. Staff recommends approving the Deed of Conservation Easement and the Permanent Access Easement for Segment 3 of the Long Point Road property, subject to any final technical revisions required by the City Attorney, and authorizing the execution of both documents with SJRWMD. Submitting Department Director: Jeff Ratliff Date: 10/4/18 Attachments: #1 —Project Maps #2—Deed of Conservation Easement #3 - Permanent Access Easement w/SJRWMD Financial Impact: $600 for a legal description and surveyor's map funded by the General Fund. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/4/18 The City Manager recommends that City Council take the following action: Approve granting a Conservation Easement to St. Johns River Water Management District for a portion of the City-owned property at the western end of Long Point Road and authorize the City Manager to execute the Deed of Conservation Easement and Permanent Access Easement for same. Approved by City Manager: David L. Greene Date: 10/4/18 Attachment #1 Project Maps Project Location [map] Port Canaveral State Road A1A Approximate Scale: 1" = 1,500' City of Cape Canaveral Project Site Banana River Atlantic Ocean [map] I Legend 4 D CE_Signs LPR_Parcel Activity Conservation Easement- Pepper Removal Parking- Possible Small Bathroom NW NW . Proposed Segment 2 Viewing Conservation Area Areas Segment 1 te n Boardwalk (<or= 6'width) o 100 200 400 Feet BKI, Consulting Ecologists Subject: Restoration Plan Map 401 Ocean Ave. Suite 204 Project: Long Point Road Property Figure Melbourne Beach, Florida 32951 Date: 01/24/18 321-951-7964 Note: LABINS 2015 High Resolution Aerial Attachment #2 Deed of Conservation Easement Prepared by: City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920 Return original or certified recorded document to: St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177 Deed of Conservation Easement Passive Recreational Uses THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this day of , 2018, by the City of Cape Canaveral ("Grantor") whose mailing address is P.O. Box 326, Cape Canaveral, Florida 32920 to St. Johns River Water Management District ("Grantee"). As used herein, the term "Grantor"shall include any and all heirs,successors,or assigns of the Grantor,and all subsequent owners of the "Conservation Easement Area" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the fee simple owner of certain lands situated in Brevard County, Florida, and more specifically depicted on the location map in Exhibit"A"attached hereto and incorporated herein (the "Property"); and WHEREAS, Permit No. ("Permit") and any modifications thereto issued by the Grantee authorizes certain activities which could affect wetlands or other surface waters in or of the State of Florida; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit or other good and valuable consideration provided to Grantor, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes (ES.), over the area of the Property described on Exhibit"B" ("Conservation Easement Area"); and WHEREAS, Grantor grants this Conservation Easement as a condition of the Permit, solely to off-set or prevent adverse impacts to natural resources,fish and wildlife, and wetland functions; and WHEREAS, Grantor desires to preserve the Conservation Easement Area in perpetuity in its natural condition, or, in accordance with the Permit, in an enhanced, restored, or created condition; and NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration provided to the Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the area of the Property described on Exhibit "B"which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals.The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. [seal] [seal] [seal] [seal] [seal] [seal] Form 62-330.301(10)–Deed of Conservation Easement—Passive Recreational Uses Incorporated by reference in paragraph 62-330.301(6)(c), F.A.C.(June 1,2018) [Revised to specify SJRWMD] Page 1 of 10 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their existing, natural,vegetative, hydrologic, scenic, open,or wooded condition and to retain such areas as suitable habitat for fish, plants, or wildlife in accordance with Section 704.06, F.S. Those wetland and upland areas included in this Conservation Easement which are to be preserved, enhanced, restored, or created pursuant to the Permit (or any modification thereto) and any Management Plan attached hereto as Exhibit "C" ("Management Plan")which has been approved in writing by the Grantee, shall be retained and maintained in the preserved, enhanced, restored, or created condition required by the Permit(or any modification thereto). To carry out this purpose, the following rights are conveyed to Grantee by this Conservation Easement: a. To enter upon the Conservation Easement Area at reasonable times with any necessary equipment or vehicles to inspect, determine compliance with the covenants and prohibitions contained in this Conservation Easement, and to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Conservation Easement Area by Grantor at the time of such entry; and b. To proceed at law or in equity to enforce the provision of this Conservation Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by any activity or use that is inconsistent with this Conservation Easement. 3. Prohibited Uses. Except for activities that are permitted or required by the Permit(or any modification thereto) (which may include restoration, creation, enhancement, maintenance, monitoring activities, or surface water management improvements) or other activities described herein or in the Management Plan (if any), any activity on or use of the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities are expressly prohibited in or on the Conservation Easement Area: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground except for (1) a boardwalk and observation platforms and (2) bat/bird houses noted in the Grantor's Reserved Rights section; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash,waste, or unsightly or offensive materials; c. Removing, destroying or trimming trees, shrubs, or other vegetation, except: The removal of dead trees and shrubs or leaning trees that could cause damage to property is authorized; ii. The destruction and removal of noxious, nuisance or exotic invasive plant species as listed on the most recent Florida Exotic Pest Plant Council's List of Invasive Species is authorized; iii. Activities authorized by the Permit or described in the Management Plan or otherwise approved in writing by the Grantee are authorized; and iv. Activities conducted in accordance with a wildfire mitigation plan developed with the Florida Forest Service that has been approved in writing by the Grantee are authorized. No later than thirty (30) days before commencing any activities to implement the approved wildfire mitigation plan,Grantor shall notify the Grantee in writing of its intent to commence such activities.All such activities may only be completed during the time period for which the Grantee approved the plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural, restored, enhanced, or created condition; Form 62-330.301(10)–Deed of Conservation Easement—Passive Recreational Uses Incorporated by reference in paragraph 62-330.301(6)(c), F.A.G.(June 1,2018) Page 2 of 10 f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking, clearing, and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; and h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance. 4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Conservation Easement Area, including the right to engage or to permit or invite others to engage in all uses of the Conservation Easement Area that are not prohibited herein and which are not inconsistent with the Permit (or any modification thereto), Management Plan, or the intent and purposes of this Conservation Easement. The Grantor specifically reserves the right to: a. Construct a boardwalk of no greater than six feet in width from the east side to the west side of the conservation area; b. Construct a boardwalk of no greater than six feet in width from the south side to the north side of the conservation area along the western (river) edge; c. Construct up to four observation platforms of no greater than ten feet in width along the western (river) end of the conservation area; and d. Install up to 25 bat and/or bird houses on poles up to 40 feet in height at unspecified locations throughout the conservation area. 5. No Dedication. No right of access by the general public to any portion of the Conservation Easement Area is conveyed by this Conservation Easement. 6. Grantee's Liability. Grantee's liability is limited as provided in Sections 704.06(10) and 768.28, F.S.Additionally, Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep, or maintenance of the Conservation Easement Area. 7. Enforcement. Enforcement of the terms, provisions,and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 8. Taxes. When perpetual maintenance is required by the Permit, Grantor shall pay before delinquency any and all taxes, assessments, fees, and charges of whatever description levied on or assessed by competent authority on the Conservation Easement Area, and shall furnish the Grantee with satisfactory evidence of payment upon request. 9. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 10. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. Form 62-330.301(10)–Deed of Conservation Easement—Passive Recreational Uses Incorporated by reference in paragraph 62-330.301(6)(c), F.A.G.(June 1,20118) Page 3 of 10 12. Written Notice.All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 13. Modifications. This Conservation Easement may be amended, altered, released, or revoked only by written agreement between the parties hereto or their heirs, assigns, or successors-in-interest, which shall be filed in the public records in Brevard County, Florida. 14. Recordation. Grantor shall record this Conservation Easement in timely fashion in the Official Records of Brevard County, Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Conservation Easement in the public records. 15. Passive Recreational Facilities. Grantor reserves all rights as owner of the Conservation Easement Area, including the right to engage in uses of the Conservation Easement Area that are not prohibited by the Permit (including any modification thereto) or Management Plan, and that are not inconsistent with any rule of the Grantee, and the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary to the purpose of this Conservation Easement may be constructed with the following limitations: a. The Grantor may conduct limited vegetation removal but only to the extent necessary to construct boardwalks, mulched walking trails, observation platforms, or other pervious or pile supported structures which have been approved in advance in the Permit (including any modification thereto)or Management Plan. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: i. Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area and shall avoid materially diverting the direction of the natural surface water flow in such area; ii. Such facilities and improvements shall be constructed and maintained utilizing Best Management Practices; iii. Adequate containers for litter disposal shall be situated adjacent to such facilities and improvements and periodic inspections shall be instituted by the maintenance entity;to clean any litter from the area surrounding the facilities and improvements; iv. This Conservation Easement shall not constitute authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state, St. Johns River Water Management District, and local permitting requirements. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions,and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Conservation Easement Area. Grantor hereby covenants with Grantee that Grantor is lawfully seized of said Conservation Easement Area in fee simple;that the Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; all mortgages and liens on the Conservation Easement Area, if any, have been subordinated to this Conservation Easement; that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends record title to the Conservation Easement Area hereby conveyed against the lawful claims of all persons whomsoever. Form 62-330.301(10)–Deed of Conservation Easement—Passive Recreational Uses Incorporated by reference in paragraph 62-330.301(6)(c), F.A.C.(June 1,2018) Page 4 of 10 IN WITNESS WHEREOF,the City of Cape Canaveral("Grantor")has hereunto set its authorized hand this day of , 2018. ❑A Florida corporation or❑ (choose one) By: (Signature) Name: Title: Signed, sealed and delivered in our presence as witnesses: By: By: (Signature) (Signature) Name: Name: (Print) (Print) STATE OF FLORIDA COUNTY OF On this day of , 20 , before me, the undersigned notary public, personally appeared , the person who subscribed to the foregoing instrument, as the (title), of ❑ (corporation), a Florida corporation, or ❑ (choose one)and acknowledged that he/she executed the same on behalf of said ❑ corporation, or❑ (choose one) and that he/she was duly authorized to do so. He/She is personally known to me or has produced a (state) driver's license as identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (Signature) (Name) My Commission Expires: Form 62-330.301(10)–Deed of Conservation Easement—Passive Recreational Uses Incorporated by reference in paragraph 62-330.301(6)(c), F.A.C.(June 1,2018) Page 5 of 10 Mortgagee(Lender) Joinder, Consent, and Subordination For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, , the owner and holder of a mortgage dated , given by ("Mortgagor/Borrower")to ("Mortgagee/Lender"), encumbering the real property described on Exhibit "B"attached hereto ("Conservation Easement Area"), which is recorded in Official Records Book at Page ,(together with that certain Assignment of Leases and Rents recorded in Official Records Book , at Page , and those certain UCC-1 Financing Statement(s)recorded in Official Records Book , at Page , all in the Public Records of County, Florida (said mortgage, assignment of leases and rents, and UCC-1 Financing Statements, as modified, are hereinafter referred to as the "Mortgage"), hereby joins in, consents to and subordinates the lien of its Mortgage, as it has been, and as it may be, modified, amended and assigned from time to time, to the foregoing Conservation Easement granted to the St. Johns River Water Management District as said Conservation Easement may be modified, amended, and assigned from time to time, with the intent that the Mortgage shall be subject and subordinate to the Conservation Easement, Form 62-330.301(10)–Deed of Conservation Easement—Passive Recreational Uses Incorporated by reference in paragraph 62-330.301(6)(c),F.A.C.(June 1,2018) Page 6 of 10 IN WITNESS WHEREOF,this Mortgagee/Lender Joinder, Consent and Subordination is made this_ day of , 20 By: (Signature) (Mortgagee/Lender) Name: Title: (Print) WITNESSES: By: By: (Signature) (Signature) Name: Name: (Print) (Print) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by (print name), as (title) of (Mortgagee/Lender), on behalf of the II corporation, or ri (choose one). He/She is personally known to me or has produced a (state) driver's license as identification. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (Signature) (Name) My Commission Expires: Form 62-330.301(10)–Deed of Conservation Easement—Passive Recreational Uses Incorporated by reference in paragraph 62-330.301(6)(c), F.A.C.(June 1,2018) Page 7 of 10 EXHIBIT A JLOCATION MAP] Form 62-330.301(10)–Deed of Conservation Easement—Passive Recreational Uses Incorporated by reference in paragraph 62-330.301(6)(c), F.A.C.(June 1,2018) Page 8 of 10 Project Location [map] Port Canaveral State Road A1A Approximate Scale: 1" = 1,500' City of Cape Canaveral Project Site Banana River Atlantic Ocean EXHIBIT B [LEGAL DESCRIPTION AND SKETCH OF CONSERVATION EASEMENT AREA] Form 62-330.301(10)—Deed of Conservation Easement--Passive Recreational Uses Incorporated by reference in paragraph 62-330.301(6)(c), F.A.C.(June 1,2018) Page 9 of 10 [map] I Legend 4 D CE_Signs LPR_Parcel Activity Conservation Easement- Pepper Removal Parking- Possible Small Bathroom NW NW . Proposed Segment 2 Viewing Conservation Area Areas Segment 1 te n Boardwalk (<or= 6'width) o 100 200 400 Feet BKI, Consulting Ecologists Subject: Restoration Plan Map 401 Ocean Ave. Suite 204 Project: Long Point Road Property Figure Melbourne Beach, Florida 32951 Date: 01/24/18 321-951-7964 Note: LABINS 2015 High Resolution Aerial [map] eISk POINT—OF—COMMENCEMENT ANORTHEAST CORNER OF SEC. 22 1 oz r15 14 N 89°27'20" W A NORTH LINE SECTION 22 22 , 23 "COLUMBIAD PLAZA SUBDIVISION" EAST LINE SECTION 22-\\ PER PLAT BOOK 18, PAGE 9 0 SOUTH LINE OF "COLUMBIAD PLAZA n°I o SUBDIVISION" AND NORTH LINE OF 7 POINT—OF—BEGINNING ' O.R. BOOK 2279, PAGE 767 SE CORNER o OF LOT 18 N 89'27'20" W 554'± L./ 1228.14' N 89°27'20" W -H 488.14' T 6411.80' APPROXIMATE SHORELINE 1 N 00'32'40" W 0 Li2_, Ln ,J.-' 356.95' od cD con J SUBJECT PARCEL EXISTING 100' M o o Q w / 4.30 ACRES+ CONSERVATION cE w Q z = EASEMENT = w m w z Q I 0 U a m Dcn h- - LANDS AS DESCRIBED IN — z ov u' N (J) O.R. BOO 2279, PAGE 767 R _ 588.14' < < 0 w ¢ o S 89'27'20" E I 0 0 532'± 0 Q o SOUTH LINE OF DEED BOOK 337, PAGE 233 AND O.R. BOOK 2279, PAGE 767 0 In d- O) CV (6 n Ln LEGEND: o "' z LB LICENSED BUSINESS FND FOUND O.R. BOOK OFFICIAL RECORDS BOOK P.B. PLAT BOOK PG. PAGE GRAPHICS NOT TO SCALE NO. NUMBER FP&L FLORIDA POWER & LIGHT COMPANY S.F. SQUARE FEET NOTES: AC. ACRES SEE SHEET 2 OF 2 FOR ± PLUS OR MINUS DESCRIPTION, NOTES AND ID IDENTIFICATION CERTIFICATE. SEC. SECTION Sec.: 22 A SKETCH AND DESCRIPTION PREPARED FOR: Date : 10/3/18 Twp.:24 South CITY OF CAPE CANAVERAL Scale 1"=200' Rng.:37 East BREVARD COUNTY FLORIDA P.N. : 407901 Dsn. by BuSSen - Moyer Engineering Group Sheet No. Drn. by :JCC of 100 PARNELL STREET • MERRITT ISLAND, FLORIDA 32953 2 Chk. by :JBC PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6885 DESCRIPTION A PARCEL OF LAND BEING A PORTION OF LANDS AS DESCRIBED IN O.R. BOOK 2279, PAGE 767 BREVARD COUNTY PUBLIC RECORDS AND LYING IN THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 24 SOUTH,RANGE 37 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 22; THENCE S.00°30'01"W. ALONG THE EAST LINE OF SAID SECTION 22,A DISTANCE OF 356 FEET TO THE SOUTHEAST CORNER OF LOT 18 COLUMBIAD PLAZA SUBDIVISION AS RECORDED IN PLAT BOOK 18 PAGE 9 OF THE BREVARD COUNTY PUBLIC RECORDS;THENCE N.89'2720'W. ALONG THE SOUTH LINE OF SAID LOT 18 AND COLUMBIAD PLAZA SUBDIVISION,A DISTANCE OF 1228.14 FEET TO THE POINT-OF-BEGINNING OF THIS DESCRIPTION;THENCE CONTINUE N.89'2T20"W.,A DISTANCE OF 554 FEET TO AND INTO THE WATERS OF THE BANANA RIVER;THENCE MEANDERING THE SHORELINE OF SAID BANANA RIVER, SOUTHERLY A DISTANCE OF 357 FEET MORE OR LESS TO A POINT LYING 356.95 FEET SOUTH OF,BY RIGHT ANGLE MEASUREMENT,THE FIRST COURSE OF THIS DESCRIPTION,SAID POINT ALSO BEING ON THE SOUTH LINE OF SAID LANDS AS DESCRIBED IN O.R.BOOK 2279 PAGE 767 AND THE SOUTH LINE OF LANDS AS DESCRIBED IN DEED BOOK 337 PAGE 233 OF SAID PUBLIC RECORDS;THENCE 5.89°27'20"E., ALONG SAID SOUTH LINES,A DISTANCE OF 532 FEET MORE OR LESS TO A POINT LYING 588.14 FEET WEST OF THE SOUTHEAST CORNER OF SAID LANDS AS DESCRIBED IN O.R.BOOK 2279 PAGE 767; THENCE N.00°32`40"W.,PARALLEL WITH AND 588.14 FEET WEST OF THE EAST LINE OF SAID LANDS,A DISTANCE OF 356.95 FEET TO THE POINT-OF-BEGINNING. CONTAPNING 4.30 ACRES MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAYS OF RECORD AND THE FINDINGS OF A VALID SURVEY. NOTES: 1. BEARINGS SHOWN HEREON ARE ASSUMED BASED ON THE SOUTH LINE OF THE PLAT OF COLUMBIAD PLAZA SUBDIVISION AS RECORDED IN PLAT BOOK 18 PAGE 9 OF BREVARD COUNTY PUBLIC RECORDS; BEING S.89°27'20"E. 2. THIS IS NOT A BOUNDARY SURVEY. 3. SEE SHEET 1 OF 2 FOR SKETCH OF DESCRIPTION. 4. THIS SKETCH AND DESCRIPTION IS VALID ONLY WHEN SIGNED AND SEALED WITH A RAISED EMBOSSED SEAL AND CERTIFIED TO THE PARTIES SHOWN BELOW. 5. THIS SKETCH AND DESCRIPTION IS CERTIFIED CORRECT TO: CITY OF CAPE CANAVERAL CERTIFICATE: I hereby certify that the sketch and description shown hereon is true and correct to the best of my knowledge and belief, as performed under my direction and supervision, and that it meets or exceeds the standards of practice as set forth by the Florida Board of Professional Land Surveyors in Chapter 5J-17.052 Florida Administrative Code, pursuant to Section 472.027, Florida statutes. Joseph Barry Cabaniss, P.L.S. Date FLORIDA SURVEYOR'S CERTIFICATE NO.: 4524 BUSSEN—MAYER ENGINEERING CERTIFICATE NO.: 3535 Sec.: 22 A SKETCH AND DESCRIPTION PREPARED FOR: Date : 10/03/18 Twp.:24 South CITY OF CAPE CANAVERAL Scale N/A Rng.:37 East BREVARD COUNTY FLORIDA P.N. : 407901 Dsn. by -141. Bussen - Meyer Engineering Group Sheet No. 2 Drn. by :JCC of 100 PARNELL STREET • MERRITT ISLAND, FLORIDA 32953 2 Chk. by :JBC PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6885 Exhibit"C" MANAGEMENT PLAN FOR LONG POINT PARK, SEGMENT 3 The Long Point Park property is an undeveloped parcel owned by the City of Cape Canaveral ("City"). The parcel is located south of Treasure Island Condominiums and Plaza Condominiums, west of single family homes, north of vacant land owned by River Gardens Condominium Association, Inc. and adjacent to the Banana River. The parcel encompasses approximately 7.88 acres and is accessed from the terminus of Long Point Road. The City will retain the right to operate the approximately 7.88-acre parcel as a park open to the public in a manner consistent with this Management Plan, recorded conservation easement and best management practices. Specifically, the City reserves unto itself, and its successors and assigns, all rights, accruing from its ownership of the Long Point Park property, including the right to engage in, peicnit or invite others to engage in all uses that are not expressly prohibited/inconsistent with the purpose of the conservation easement that will be recorded in accordance with the Management Plan provisions. This Management Plan implements the restoration/enhancement of the westerly property (approximately 3.06 acres) adjacent to the Banana River (Segment 3 of the Property) to at least partially offset future mitigation needs associated with the widening of State Road 528. Segment 3 of the Property is depicted in Exhibit "A". A cost estimate to conduct the tasks in this Management Plan is provided in Exhibit "D". Segment 3 of the Property is heavily infested with invasive/exotic species such as Brazilian pepper (Schinus terebinthifolius), interspersed with some native vegetation. It includes portions of at least two ditches that were excavated for mosquito control purposes. These ditches traverse the entire property (approximately 7.88 acres) from east to west and include intermittent connections to the Banana River. These ditches have adjacent spoil berms that are dominated by Brazilian pepper. The restoration/enhancement area (approximately 3.06 acres) consists of uplands and wetlands. The upland portion is classified as Hardwood-Conifer Mixed (FLUCCS-4340; FNAI-Maritime Hammock). Dominant vegetation within the Maritime Hammock includes live oak (Quercus virginiana), cabbage palm (Sabal palmetto) and pignut hickory (Carya glabra). Dominant subcanopy species are red cedar (Juniperus virginiana), American holly (Ilex opaca) and Yaupon (Ilex vomitoria). The wetland portion is classified as Mangrove Swamp (FLUCCS-6120; FNAI-Mangrove Swamp). Dominant vegetation within the Mangrove Swamp includes red mangrove (Rhizophora mangle), black mangrove (Avicennia germinans), white mangrove (Laguncularia racemosa), and buttonwood (Conocarpus erectus). Scattered understory consists of seaside oxeye (Borrichia frutescens), gray nicker (Caesalpinia bondue), and coinvine (Dalbergia ecastaphyllum). The restoration/enhancement and long-term management of Segment 3 of the Property shall be undertaken as specified in this Management Plan. Compliance with the restoration/enhancement deliverables described herein shall be undertaken in accordance with the following requirements as well as the City Deliverables and Timeframes specified in Exhibit "C". 1. With reasonable advance notice, the City shall allow authorized District representatives access to Segment 3 of the Property at reasonable times for determining compliance with the terms of the Management Plan and the Participation Agreement. The City shall either accompany the District representatives onto Segment 3 of the Property or make provision for access. 2. The City shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards, in accordance with the guidelines and specifications in the Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation, June 2007) and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, July 2008). Copies of these manuals are available on the District's website at www.sjrwmd.com. 3. The City shall complete a Phase 1 Environmental Site Assessment ("ESA") of Segment 3 of the Property. 4. The City shall encumber Segment 3 of the Property with a District-approved conservation easement that is in substantial conformance with one of the forms incorporated in rule 62- 330.301 (6), Florida Administrative Code. The conservation easement shall contain the following note: The restoration and enhancement of this land was made possible in part by mitigation funds from the Florida Department of Transportation pursuant to Section 373.4137, Florida Statutes. The intent of the mitigation is for the land to be managed for conservation purposes in perpetuity. Any sale, transfer, remise,release or other conveyance of ownership of said land will require modification of the St. Johns River Water Management District and U.S. Army Corps of Engineers permits for the original road project and may necessitate that additional alternative mitigation be provided. The permit numbers that relate to this land are as follows: FDOT project numbers 407402-3 and 407402-4 District permit No. and U.S. Army Corps of Engineers permit no. 5. The City shall complete a vegetative survey of Segment 3 of the Property to assess the coverage of invasive/exotic species as defined by the Florida Exotic Pest Plant Council's 2017 Invasive Species List. 6. The City shall obtain any necessary Florida Department of Environmental Protection (FDEP) and USAGE permits or exemptions authorizing the mitigation activities described in this Management Plan. 2 7. The City shall remove the invasive/exotic species identified by the vegetative survey. 8. Within ten (10) days of notification by the City, the District shall meet with the City onsite to confirm the removal of invasive/exotic species and agree on the upland and wetland planting plan specifications. The planting plan specifications shall be memorialized in writing by the City and approval acknowledged in writing by the District. The planting plan specifications for the upland and wetland areas shall include the following components. The City shall plant the upland areas with live oak (Quercus virginiana), cabbage palm (Sabal palmetto), pignut hickory (Carya glabra), red cedar (Juniperus virginiana), American holly (Ilex opaca) and Yaupon (Ilex vomitoria). The wetland areas shall be planted with appropriate species to be determined upon clearing of invasive/exotic species. Size and density of upland and wetland plant material shall be determined by availability and coverage necessary upon removal of invasive/exotic species. Planting material shall be obtained from an Association of Florida Native Nurseries-approved nursery and shall be guaranteed to be healthy and free from pests and disease. 9. Within ten (10) days of notification by the City, the District shall inspect Segment 3 of the Property to confirm the planting of native vegetation in uplands and wetlands in accordance with this Management Plan and the planting plan specifications agreed to by the parties in paragraph#8 above. 10. Monitoring: The City shall monitor the planted area within thirty (30) days after planting occurs to establish a baseline event, and then annually for five (5) years to ensure the survival of the planted species. Monitoring will consist of a one hundred percent (100%) stem count of planted trees to determine percent survivorship. Any native trees five (5) feet tall that naturally recruit within the restoration area by the end of the five (5)-year monitoring period will also be tallied. Groundcover succession will be assessed though comparative photographs exposed at fixed photographic stations strategically established across Segment 3 of the Property. Quantitative monitoring of groundcover will only become necessary ifthere is a dispute about whether the success criterion has been achieved. Site monitoring must be accomplished by September 30 of each year and submitted to the District by November 1 of that year. 11. The City shall maintain Segment 3 of the Property in accordance with the following success criteria: a. At least eighty percent (80%) of the planted individuals in each stratum have survived throughout the monitoring period and are showing signs of normal growth, based upon standard growth parameters such as height and base diameter, or canopy circumference; b. At least eighty percent (80%) cover by appropriate wetland herbaceous species has been obtained; c. If fifty percent (50%) or greater mortality of planted wetland and upland species in any stratum within Segment 3 of the Property occurs during the monitoring period, the City shall undertake an immediate replanting/remediation program approved by the District; d. Coverage of invasive/exotic species, as defined by the Florida Exotic Pest Plant Council's 3 2017 Invasive Species List, within Segment 3 of the Property shall be less than five percent (5%) coverage in perpetuity. Appropriate methods of control include, but are not limited to, cutting, mowing, hand removal, chemical treatment, or any combination thereof; and e. Personnel implementing this work shall be qualified to identify invasive/exotic species and qualified to recognize locally occurring native species to avoid damage to native species. Invasive/exotic species removal shall occur in a manner minimizing damage to native vegetation. 12. The City shall monitor and maintain Segment 3 of the Property in accordance with the success criteria specified in this Management Plan. Within ten (10) days of notification by the City, the District shall inspect Segment 3 of the Property to confirm success criteria achievement. If success criteria are not achieved as specified in this Management Plan, the City shall undertake remedial action to remedy the deficiencies within forty-five (45) days of written notification from the District. 13. The City shall manage Segment 3 of the Property for conservation purposes in perpetuity in accordance with this Management Plan and the recorded conservation easement. 4 Attachment #3 Permanent Access Easement w/SJRWMD PERMANENT ACCESS EASEMENT Return original or certified recorded document to: St. Johns River Water Management District 525 525 Community College Parkway, S.E. Palm Bay, Florida 32909 THIS EASEMENT is given this day of ,20 , by the City of Cape Canaveral ("Grantor"), whose mailing address is P.O. Box 326, Cape Canaveral, FL 32920, to St. Johns River Water Management District("Grantee"). As used herein,the term"Grantor"shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined)and the term"Grantee"shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, Grantor is the fee simple owner of certain lands situated in Brevard County, Florida, and more specifically described in Exhibit"A" attached hereto and incorporated herein(the "Property");and WHEREAS, Grantor has agreed to grant and convey to Grantee, a permanent non-exclusive access easement over,on,upon,and across the Property for the specific and limited purposes set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, promises,terms and conditions set forth herein, together with other good and valuable consideration provided to Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual easement for and in favor of Grantee upon the Property described on Exhibit "A" which shall run with the land and be binding upon the Grantor. The scope,nature,and character of this Easement shall be as follows: 1. Recitals. The recitals herein are true and correct and are hereby incorporated into and made a part of this Easement. 2. Purpose. It is the purpose of this Easement to grant a permanent non-exclusive access easement over, on, upon, and across the Property for the purpose of vehicular and pedestrian ingress and egress to and from certain real property and related appurtenances in the vicinity of the Property. 3. No Dedication. No right of access by the general public to any portion of the Property is conveyed by this Easement. 4. Grantee's Liability. Grantee's liability is limited as provided in Subsection 704.06(10) and Section 768.28, F.S. Additionally, Grantee shall not be responsible for any costs or liabilities related to the operation,upkeep, or maintenance of this Easement. 1MJ/ el- 1 "moi` Form 62-330.301(17)-Permanent Access Easement Incorporated by reference in paragraph 62-330.301(6)(j), F.A.C. (Effective Date) Page 1 of 2 5. Duration. This Easement shall remain in full force and effect in perpetuity. 6. Modification. This Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in Brevard County,Florida. IN WITNESS WHEREOF, ("Grantor") has hereunto set its authorized hand this day of_ ,20 . n A Florida corporation or n (choose one) By: (Signature) Name: David L. Greene (Print) Title: City Manager Signed, sealed and delivered in our presence as witnesses: By: By: (Signature) (Signature) Name: Name: (Print) (Print) STATE OF FLORIDA COUNTY OF Brevard On this day of , 20 , before me, the undersigned notary public, personally appeared , the person who subscribed to the foregoing instrument, as the (title), of n (corporation), a Florida corporation, or n (choose one) and acknowledged that he/she executed the same on behalf of said n corporation, or n (choose one) and the he/she was duly authorized to do so. He/She is personally known to me or has produced a (state) driver's license as identification. IN WITNESS WHEREOF,I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (Signature) (Name) My Commission Expires: Form 62-330.301(17)—Permanent Access Easement Incorporated by reference in paragraph 62-330.301(6)(j), F.A.C. (Effective Date) Page 2 of 2 eISk POINT—OF—COMMENCEMENT ANORTHEAST CORNER OF SEC. 22 1 oz r15 14 N 89°27'20" W A NORTH LINE SECTION 22 22 , 23 "COLUMBIAD PLAZA SUBDIVISION" EAST LINE SECTION 22-\\ PER PLAT BOOK 18, PAGE 9 0 SOUTH LINE OF "COLUMBIAD PLAZA n°I o SUBDIVISION" AND NORTH LINE OF 7 POINT—OF—BEGINNING ' O.R. BOOK 2279, PAGE 767 SE CORNER o OF LOT 18 N 89'27'20" W 554'± L./ 1228.14' N 89°27'20" W -H 488.14' T 6411.80' APPROXIMATE SHORELINE 1 N 00'32'40" W 0 Li2_, Ln ,J.-' 356.95' od cD con J SUBJECT PARCEL EXISTING 100' M o o Q w / 4.30 ACRES+ CONSERVATION cE w Q z = EASEMENT = w m w z Q I 0 U a m Dcn h- - LANDS AS DESCRIBED IN — z ov u' N (J) O.R. BOO 2279, PAGE 767 R _ 588.14' < < 0 w ¢ o S 89'27'20" E I 0 0 532'± 0 Q o SOUTH LINE OF DEED BOOK 337, PAGE 233 AND O.R. BOOK 2279, PAGE 767 0 In d- O) CV (6 n Ln LEGEND: o "' z LB LICENSED BUSINESS FND FOUND O.R. BOOK OFFICIAL RECORDS BOOK P.B. PLAT BOOK PG. PAGE GRAPHICS NOT TO SCALE NO. NUMBER FP&L FLORIDA POWER & LIGHT COMPANY S.F. SQUARE FEET NOTES: AC. ACRES SEE SHEET 2 OF 2 FOR ± PLUS OR MINUS DESCRIPTION, NOTES AND ID IDENTIFICATION CERTIFICATE. SEC. SECTION Sec.: 22 A SKETCH AND DESCRIPTION PREPARED FOR: Date : 10/3/18 Twp.:24 South CITY OF CAPE CANAVERAL Scale 1"=200' Rng.:37 East BREVARD COUNTY FLORIDA P.N. : 407901 Dsn. by BuSSen - Moyer Engineering Group Sheet No. Drn. by :JCC of 100 PARNELL STREET • MERRITT ISLAND, FLORIDA 32953 2 Chk. by :JBC PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6885 DESCRIPTION A PARCEL OF LAND BEING A PORTION OF LANDS AS DESCRIBED IN O.R. BOOK 2279, PAGE 767 BREVARD COUNTY PUBLIC RECORDS AND LYING IN THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 24 SOUTH,RANGE 37 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 22; THENCE S.00°30'01"W. ALONG THE EAST LINE OF SAID SECTION 22,A DISTANCE OF 356 FEET TO THE SOUTHEAST CORNER OF LOT 18 COLUMBIAD PLAZA SUBDIVISION AS RECORDED IN PLAT BOOK 18 PAGE 9 OF THE BREVARD COUNTY PUBLIC RECORDS;THENCE N.89'2720'W. ALONG THE SOUTH LINE OF SAID LOT 18 AND COLUMBIAD PLAZA SUBDIVISION,A DISTANCE OF 1228.14 FEET TO THE POINT-OF-BEGINNING OF THIS DESCRIPTION;THENCE CONTINUE N.89'2T20"W.,A DISTANCE OF 554 FEET TO AND INTO THE WATERS OF THE BANANA RIVER;THENCE MEANDERING THE SHORELINE OF SAID BANANA RIVER, SOUTHERLY A DISTANCE OF 357 FEET MORE OR LESS TO A POINT LYING 356.95 FEET SOUTH OF,BY RIGHT ANGLE MEASUREMENT,THE FIRST COURSE OF THIS DESCRIPTION,SAID POINT ALSO BEING ON THE SOUTH LINE OF SAID LANDS AS DESCRIBED IN O.R.BOOK 2279 PAGE 767 AND THE SOUTH LINE OF LANDS AS DESCRIBED IN DEED BOOK 337 PAGE 233 OF SAID PUBLIC RECORDS;THENCE 5.89°27'20"E., ALONG SAID SOUTH LINES,A DISTANCE OF 532 FEET MORE OR LESS TO A POINT LYING 588.14 FEET WEST OF THE SOUTHEAST CORNER OF SAID LANDS AS DESCRIBED IN O.R.BOOK 2279 PAGE 767; THENCE N.00°32`40"W.,PARALLEL WITH AND 588.14 FEET WEST OF THE EAST LINE OF SAID LANDS,A DISTANCE OF 356.95 FEET TO THE POINT-OF-BEGINNING. CONTAPNING 4.30 ACRES MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAYS OF RECORD AND THE FINDINGS OF A VALID SURVEY. NOTES: 1. BEARINGS SHOWN HEREON ARE ASSUMED BASED ON THE SOUTH LINE OF THE PLAT OF COLUMBIAD PLAZA SUBDIVISION AS RECORDED IN PLAT BOOK 18 PAGE 9 OF BREVARD COUNTY PUBLIC RECORDS; BEING S.89°27'20"E. 2. THIS IS NOT A BOUNDARY SURVEY. 3. SEE SHEET 1 OF 2 FOR SKETCH OF DESCRIPTION. 4. THIS SKETCH AND DESCRIPTION IS VALID ONLY WHEN SIGNED AND SEALED WITH A RAISED EMBOSSED SEAL AND CERTIFIED TO THE PARTIES SHOWN BELOW. 5. THIS SKETCH AND DESCRIPTION IS CERTIFIED CORRECT TO: CITY OF CAPE CANAVERAL CERTIFICATE: I hereby certify that the sketch and description shown hereon is true and correct to the best of my knowledge and belief, as performed under my direction and supervision, and that it meets or exceeds the standards of practice as set forth by the Florida Board of Professional Land Surveyors in Chapter 5J-17.052 Florida Administrative Code, pursuant to Section 472.027, Florida statutes. Joseph Barry Cabaniss, P.L.S. Date FLORIDA SURVEYOR'S CERTIFICATE NO.: 4524 BUSSEN—MAYER ENGINEERING CERTIFICATE NO.: 3535 Sec.: 22 A SKETCH AND DESCRIPTION PREPARED FOR: Date : 10/03/18 Twp.:24 South CITY OF CAPE CANAVERAL Scale N/A Rng.:37 East BREVARD COUNTY FLORIDA P.N. : 407901 Dsn. by -141. Bussen - Meyer Engineering Group Sheet No. 2 Drn. by :JCC of 100 PARNELL STREET • MERRITT ISLAND, FLORIDA 32953 2 Chk. by :JBC PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6885 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 Item No. 4 Subject: Approve the Eleventh Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of$48,054 with Black's Spray Service, Inc. and authorize the City Manager to execute same. Department: Public Works Services Summary: This contract was awarded to Black's Lawn Care and Pest Control, Inc. (Black's) in 2008 for providing services including fertilization, disease and weed control of turf areas and the Central Ditch. A contract for pest control services for all City buildings was awarded to Black's in 2010. In general, Staff is very pleased with the services provided by Black's. Black's proposed unit prices for grounds, weed and pest control and facilities pest control have not increased for FY2018-2019. Total cost for all services is $48,054. Bid tab sheets detailing the proposed costs and services to be provided by Black's for FY2018-2019 are included as Exhibit "1" to the Attachment. The initial Professional Services Agreement between the City and Black's allowed for five (5) extensions of one-year periods. The Seventh Addendum to the Agreement (executed in 2014 with an expiration of September 30, 2015) provided that "the parties shall have the option to extend the term of this Agreement for two (2) additional one-year periods." The Eighth Addendum provided for a one-year extension period, which expired on September 30, 2016. The Ninth Addendum provided for a one-year extension period, which expired September 30, 2017. The Tenth Addendum, which expired on September 30, 2018, provided for a one-year extension period. The Eleventh Addendum provides that "the parties shall have the option to extend the term of this Agreement for five (5) additional one year periods." Submitting Department Director: Debra Holliday" Date: 10-5-18 Attachment: Eleventh Addendum to Professional Se ices Agreement with Exhibit "1" FY2018-2019 Bid Tab Sheets. Financial Impact: $48,054 with Black's Spray Service, Inc. for Fertilization, Insect, Disease, Weed Control and Pest Control Services funded by Departments throughout the City; Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/4/18 The City Manager recommends that City Council take the following action: Approve the Eleventh Addendum to Professional Services Agreement for Fertilization,Insect,Disease,Weed Control and Pest Control Services in the amount of$48,054 with Black's Spray Service, Inc. and authorize City Manager to execute same. Approved by City Manager: David L. Greene Date: 10/4/18 ELEVENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS ELEVENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Eleventh Addendum") is made and entered this day of , 2018 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 100 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement("Agreement")for fertilization,insect, disease, and weed control of turf areas and weed control of the Central Ditch; and WHEREAS,the Agreement, as amended by several addenda,is scheduled to terminate on September 30, 2018; and WHEREAS, the parties mutually desire to extend the term of the agreement as set forth herein, and the City desires to waive the competitive bidding process for the purpose of extending the term of the agreement; and WHEREAS,this Eleventh Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 —RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2—EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2018 and terminating on September 30, 2019. The parties shall have the option to extend the term of this Agreement for five (5) additional one (1) year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. Eleventh Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 1 of 3 ARTICLE 3—PAYMENT OF CONTRACTOR Article 6 of the Agreement,which addresses payment of contractor,is hereby deleted in its entirety and replaced with the following language: The City shall pay to Contractor $48,054.00 for chemical applications (e.g., fertilization, insect control, and weed control) as described in Exhibit "1," Chemical Applications Bid Tab Sheet. The Contractor will invoice the City on a monthly basis. This is a not-to-exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices will be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 4—OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Eleventh Addendum, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth or Tenth Addenda, shall remain in full force and effect. [Remainder of page intentionally left blank. Signature page follows] Eleventh Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 2 of 3 IN WITNESS WHEREOF,the parties hereto have executed this Eleventh Addendum as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: David L. Greene, City Manager By: Mia Goforth, CMC, City Clerk CONTRACTOR: Black's Spray Service,Inc., a Florida corporation. WITNESSES: By: Carlos S. Boyer, President Print Name: Print Name: Eleventh Addendum to Professional Services Agreement City of Cape Canaveral /Black's Spray Service, Inc. Page 3 of 3 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2018/19 APPLICATION AREAS UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR A City Hall,Cape Center,Sheriffs Annex, Library Turf Applications(GranularlLiquid) $ 165.00 6 $ 990.00 Annex-111 Polk Ave. Ornamental Fertilization(Granular) $ 360.00 2 $ 720.00 City Hall/Cape Center-1001105 Polk Ave Tree Fertilization(Granular) $ 100.00 2 $ 200.00 Herbicide Applications $ 120.00 10 $ 1,200.00 Library-201 Polk Ave. City Hall-$130X6; Sheriffs Annex-$65X6; Rec Center-$65X6; Canaveral Park-$145X6; Facilities Pest Control Manatee Park-$50X6; Public Works-$125X6; Streets-$55X6 $ 635.00 6 $ 3,810.00 B Recreation Complex Turf Applications(GranularlLiquid) $ 105.00 6 $ 630.00 Ornamental Fertilization(Granular) $ 120.00 2 $ 240.00 7300 N Atlantic Ave. Tree Fertilization(Granular) $ 30.00 2 $ 60.00 Herbicide Applications $ 75.00 10 $ 750.00 C Xeriscape Park South Side of City Hall 105 Polk Ave. between Polk and Taylor Herbicide Applications Avenues $ _ 10 $ _ D Veteran's Memorial Park Turf Applications(GranularlLiquid) $ 30.00 6 $ 180.00 Adjacent to Library Ornamental Fertilization(Granular) $ 45.00 2 $ 90.00 201 Polk Ave. Herbicide Applications $ 30.00 10 $ 300.00 Page 1 of 8 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2018/19 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR E Bennix Park Turf Applications(GranularlLiquid) $ 150.00 6 $ 900.00 Washington Ave. Ornamental Fertilization(Granular) $ 135.00 2 $ 270.00 (Between N.Atlantic and Rosalind Ave.) Tree Fertilization(Granular) $ 60.00 2 $ 120.00 Herbicide Applications $ 60.00 10 $ 600.00 F Canaveral&Canaveral Beach Blvd Turf Applications(GranularlLiquid) $ 180.00 6 $ 1,080.00 Ornamental Fertilization(Granular) $ 105.00 2 $ 210.00 Medians Only Tree Fertilization(Granular) $ 45.00 2 $ 90.00 Herbicide Applications $ 75.00 10 $ 750.00 G N Ridgewood, E Central,W Central Turf Applications(GranularlLiquid) $ 360.00 6 $ 2,160.00 Ornamental Fertilization(Granular) $ 210.00 2 $ 420.00 Tree Fertilization(Granular) $ 60.00 2 $ 120.00 Herbicide Applications $ 210.00 10 $ 2,100.00 H Cape View Tree Line and Kindergarten Turf Applications(GranularlLiquid) $ 15.00 6 $ 90.00 Cape View Elementary School Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 8840 Rosalind Ave. Tree Fertilization(Granular) $ 45.00 2 $ 90.00 Herbicide Applications $ 15.00 10 $ 150.00 Page 2 of 8 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2018/19 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR I Harbor Heights Turf Applications(GranularlLiquid) $ 30.00 6 $ 180.00 Harbor Dr. Ornamental Fertilization(Granular) $ 30.00 2 $ 60.00 (Off North Atlantic Ave.) Tree Fertilization(Granular) $ 15.00 2 $ 30.00 Herbicide Applications $ 30.00 10 $ 300.00 J North Atlantic Avenue Turf Applications(GranularlLiquid) $ 30.00 6 $ 180.00 Ornamental Fertilization(Granular) $ 415.00 2 $ 830.00 Tree Fertilization(Granular) $ 415.00 2 $ 830.00 Herbicide Applications $ 350.00 10 $ 3,500.00 K Canaveral City Park and Ball Park Turf Applications(GranularlLiquid) $ 180.00 6 $ 1,080.00 Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 $ - 7920 Orange Ave-(Top Choice-Both Infields and Outfields; Playground;and, Pavilion) Herbicide Applications $ 30.00 10 $ 300.00 Turf Application Little League Infield $ 75.00 12 $ 900.00 Top Choice Application $ 1,100.00 1 1 $ 1,100.00 L Center Street Park and Streetscape Turf Applications(GranularlLiquid) $ 15.00 6 $ 90.00 West End of Center St. Ornamental Fertilization(Granular) $ 90.00 2 $ 180.00 (Off N.Atlantic Ave.) Tree Fertilization(Granular) $ 30.00 2 $ 60.00 Herbicide Applications $ 100.00 10 $ 1,000.00 Page 3 of 8 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2018/19 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR M South City Entrance Sign Turf Applications(GranularlLiquid) $ - Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 N Atlantic Ave. Tree Fertilization(Granular) $ 15.00 2 $ 30.00 (Between Grant Ave.and Johnson Ave.) Herbicide Applications $ 15.00 10 $ 150.00 N A1A Landscaped Areas Ornamental Fertilization(Granular) $ 225.00 2 $ 450.00 Tree Fertilization(Granular) $ 225.00 2 $ 450.00 Herbicide Applications $ 210.00 10 $ 2,100.00 O Patriot's Park Turf Applications(GranularlLiquid) $ 30.00 6 $ 180.00 West End of Longpoint Rd. Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 (W side of N Atlantic Avenue) Tree Fertilization(Granular) $ 15.00 2 $ 30.00 Top Choice-Playground Herbicide Applications $ 30.00 10 $ 300.00 Top Choice Application $ 100.00 I 1 1 $ 100.00 P Columbia Drive Turf Applications(GranularlLiquid) $ 45.00 6 $ 270.00 Ornamental Fertilization(Granular) $ - Tree Fertilization(Granular) $ 30.00 2 $ 60.00 Herbicide Applications $ - Page 4 of 8 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2018/19 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR Q Thurm Blvd Medians Turf Applications(GranularlLiquid) $ 30.00 6 $ 180.00 Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 Herbicide Applications $ - R Manatee Park Turf Applications(GranularlLiquid) $ 30.00 6 $ 180.00 801 Thurm Blvd(Park located on river just Ornamental Fertilization(Granular) $ 45.00 2 $ 90.00 north of Cape Canaveral Public Works Facility Tree Fertilization(Granular) $ 60.00 2 $ 120.00 -Top Choice-Pavilion, Exercise Trail and Herbicide Applications $ 300.00 10 $ 3,000.00 Bench Areas Top Choice Application $ 750.00 l 1 $ 750.00 S Banana River Park Turf Applications(GranularlLiquid) $ 150.00 6 $ 900.00 Ornamental Fertilization(Granular) $ 22.50 2 $ 45.00 901 Thurm Blvd -Top Choice Areas-Soccer Tree Fertilization(Granular) $ 82.50 2 $ 165.00 Field and Playground Herbicide Applications $ 90.00 10 $ 900.00 Top Choice Application $ 700.00 1 1 $ 700.00 T N City Entrance Sian A1A Turf Applications(GranularlLiquid) 6 $ - North End of Cape Canaveral on west side of Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 Astronaut Blvd. Tree Fertilization(Granular) 2 $ - Herbicide Applications $ 15.00 10 $ 150.00 Page 5 of 8 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2018/19 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR U N Atlantic Entrance Skin Turf Applications(GranularlLiquid) 6 $ - North end of Cape Canaveral on west side of Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 N.Atlantic Ave. by Port Entrance Herbicide Applications $ 15.00 10 $ 150.00 V Water Reclamation Plant Turf Applications(GranularlLiquid) 6 $ - Ornamental Fertilization(Granular) $ 30.00 2 $ 60.00 701 Thurm Blvd. Tree Fertilization(Granular) $ 90.00 2 $ 180.00 Herbicide Applications $ - 10 $ - North and south sides of West Central Blvd W AQUATICS between Commerce St and Oak Manor Ln- $50.00X12=$600.00; Manatee Park Ponds-$16.25X12=$195.00; Water Treatment Plant Ponds- $6.25X12=$75.00 Aquatic Herbicide Application $ 290.00 12 $ 3,480.00 X Sandpiper Park Playground(Canaveral Ballpark) Turf Applications(GranularlLiquid) $ 60.00 6 $ 360.00 Y RIDGEWOOD AVE Turf Applications(GranularlLiquid) $ 223.00 6 $ 1,338.00 Ornamental Fertilization(Granular) $ 153.00 2 $ 306.00 Ridgewood Ave. Tree Fertilization(Granular) $ 90.00 2 $ 180.00 Herbicide Applications $ 155.00 10 $ 1,550.00 Top Choice $ - 1 $ - Aquatic Herbicide Application $ _ 4 $ _ Page 6 of 8 Exhibit "1" BID TAB SHEET GRAND TOTAL TURF AREAS I I $ 11,868.00 TOP CHOICE I I $ 2,650.00 ORNAMENTALS I I $ 4,181.00 TREES I I $ 2,815.00 HERBICIDE APPLICATION I I $ 19,250.00 AQUATIC APPLICATION I I $ 3,480.00 FACILITIES PEST CONTROL I $ 3,810.00 GRAND TOTAL OF CHEMICAL BID AREA $ 48,054.00 Page 7 of 8 Exhibit "1" VENDOR INFORMATION COMPANY NAME: Black's Spray Service,Inc COMPANY REPRESENTATIVE: Carlos Boyer, President MAILING ADDRESS: 3625 N.Courtenay Pkwy,Merritt Island, FL 32953 OFFICE-321-452-4911 PHONE: MOBILE-321-794-6096 Page 8 of 8 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 Item No. 5 Subject: Approve the Third Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of$205,985 with SSS Brevard OPCO,LLC dba Green Leaf Landscaping &Irrigation and authorize City Manager to execute same. Department: Public Works Services Summary: This Contract was awarded to SSS Brevard OPCO, LLC dba Green Leaf Landscaping & Irrigation (Green Leaf) in August 2015 for providing mowing and landscaping services of City landscaped areas, rights-of-way, Water Reclamation Plant, lift stations and the mowing/slope mowing of the Central Ditch with a contract amount of $182,640. The First Addendum to the Professional Services Agreement for the first option year of the contract expired September 30, 2017. The Second Addendum to the Professional Services Agreement for the second option year of the contract expired September 30,2018. Staff is very pleased with the services provided by Green Leaf The Professional Services Agreement between the City and Green Leaf allows for five (5) one- year extensions thereof. The proposed Addendum to Professional Services Agreement:, 1. Extends the Professional Services Agreement for one year (from October 1, 2018 to September 30, 2019); 2. Revises the Scope of Services to reflect the additional services and itemized costs as referenced in Exhibit 1, Bid Area I "S" and Bid Area IV "D"; 3. Reflects the increased total contract amount of$205,985 for FY2018/2019. Submitting Department Director: Debra Holliday Date: 10-5-18 Attachment: Third Addendum to Professional Services Agreement with Exhibit"1" Green Leaf BID #2018-2019 Tab Sheet (scope of services) Financial Impact: $205,985 for Professional Services Agreement for Mowing and Landscaping Services with SSS Brevard OPCO, LLC dba Green Leaf Landscaping & Irrigation funded by City Depaitments; Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/4/18 The City Manager recommends that City Council take the following action: Approve the Third Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $205,985 with SSS Brevard OPCO, LLC dba Green Leaf Landscaping & Irrigation and authorize City Manager to execute same. Approved by City Manager: David L. Greene Date: 10/4/18 THIRD ADDENDUM TO GREEN LEAF LANDSCAPING& IRRIGATION PROFESSIONAL SERVICES AGREEMENT THIS THIRD ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this day of , 2018 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 100 Polk Avenue, Cape Canaveral, Florida 32920 ("City"), and SSS BREVARD OPCO, LLC DBA GREEN LEAF LANDSCAPING & IRRIGATION, a Florida corporation, whose principal address is 2800 Allen Hill Drive, Melbourne, Florida 32940 ("Contractor"). WITNESSETH: WHEREAS,the City and Contractor previously entered into the August 24, 2015 "Green Leaf Landscaping & Irrigation Professional Services Agreement" ("Agreement") following an award of the City's "Mowing/Maintenance of City Landscaped Areas, Rights-of-Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract to Contractor; and WHEREAS, a first Addendum to the Agreement, dated October 1, 2016, was entered into by the parties for the City's 2016/2017 fiscal year, and a second Addendum to the Agreement, dated October 1, 2017, was entered into by the parties for the City's 2017/2018 fiscal year and is scheduled to terminate on September 30, 2018; and WHEREAS, the parties mutually desire to enter into a Third Addendum to the Agreement and extend the term of the Agreement as set forth herein; and WHEREAS, this Third Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: SECTION 1 —RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. SECTION 2—EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2018 and terminating on September 30, 2019. Third Addendum to Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping & Irrigation Page 1 of 3 SECTION 3 — SCOPES OF SERVICES Contractor shall do, perform, deliver and carry out, in a professional manner, the types of services as set forth in Exhibit "1" Scope of Services, attached hereto and fully incorporated herein by this reference. SECTION 4 — PAYMENT OF CONTRACTOR The City shall pay to Contractor $205,985.00 for the mowing and maintenance of the certain landscaped areas of the City as described in Section 3, Scope of Services, and Exhibit "1" of this Third Addendum. The Contractor will invoice the City on a monthly basis. This is a not-to-exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement shall be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices shall be sent to the Finance Depail.uient for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. SECTION 5 — NOTICE All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Debra Holliday, Copy to: Public Works Services Director City of Cape Canaveral David L. Greene, City PO Box 326 Manager City of Cape Cape Canaveral, Florida 32920 Canaveral PO Box 326 Cape Canaveral,Florida 32920 And if sent to the Contractor, shall be mailed to: Steve Rose, Owner Green Leaf Landscaping & Irrigation 2800 Allen Hill Drive Melbourne, FL 32940 Third Addendum to Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping & Irrigation Page 2 of 3 SECTION 6 — OTHER PROVISIONS Any other term or provision of the Agreement and the first and second Addendum not expressly modified by this Third Addendum shall remain in full force and effect. The Agreement as amended by the First, Second and Third Addendum shall also collectively be referred to as the Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: David L. Greene, City Manager By: Mia Goforth, City Clerk CONTRACTOR: SSS Brevard OPCO,LLC dba Green Leaf Landscaping & Irrigation a Florida corporation. WITNESSES: By: Print Name: Print Name: Title: Print Name: Third Addendum to Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping & Irrigation Page 3 of 3 Exhibit 1 City of Cape Canaveral Mowing and Landscape Maintenance BID#2018-2019 TAB SHEET BID AREA I TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS City Hall,Cape Center, BCSO,Canaveral City Hall -100 Polk Ave. A Fire and Rescue,Community and Economic Development, Library BCSO Precinct-111 Polk Ave. Mowing Operations $ 80.00 44 $ 3,520.00 Canaveral Fire and Rescue- Hedge Trimming $ 1,104.00 $ 13,248.00 190 Jackson Ave. Weed Spraying $ 368.00 6 $ 2,208.00 Cape Center-105 Polk Ave. Palm Trimming (57-([45 IM; 12 Lib]) $ 530.00 1 $ 530.00 Library-201 Polk Ave. B Recreation Complex Mowing Operations $ 85.00 44 $ 3,740.00 7300 N.Atlantic Ave. (SR A1A) Hedge Trimming $ 280.00 12 $ 3,360.00 Palm Trimming (20) $ 200.00 1 $ 200.00 C Xeriscape Park South Side of City Hall Mowing Operations $ 40.00 44 $ 1,760.00 (105 Polk Ave.)between Polk and Hedge Trimming $ 45.00 12 $ 540.00 Taylor Avenues Palm Trimming (4) $ 40.00 1 $ 40.00 D Veteran's Memorial Park Mowing Operations $ 45.00 44 $ 1,980.00 Adjacent to Library Hedge Trimming $ 30.00 12 $ 360.00 (201 Polk Ave.) Palm Trimming (6) $ 60.00 1 $ 60.00 Page 1 of 9 Corrected Palm Cell Numbers 1G Exhibit 1 City of Cape Canaveral Mowing and Landscape Maintenance BID#2018-2019 TAB SHEET BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS E Bennix Park Washington Ave. Mowing Operations $ 60.00 44 $ 2,640.00 (Between N.Atlantic Ave.and Hedge Trimming $ 120.00 12 $ 1,440.00 Rosalind Ave.) Palm Trimming (30) $ 300.00 1 $ 300.00 F Canaveral&Canaveral Beach Blvds. (Medians Only) Mowing Operations $ 110.00 44 $ 4,840.00 Hedge Trimming $ 150.00 12 $ 1,800.00 Palm Trimming (98) $ 980.00 1 $ 980.00 East Central, G (Medians Only) and West Central (Medians and Tree Lines) Mowing Operations $ 220.00 44 $ 9,680.00 Hedge Trimming $ 75.00 12 $ 900.00 Palm Trimming (106) $ 1,060.00 1 $ 1,060.00 H Cape View Elementary Tree Line and Kindergarten Cape View Elementary School Mowing Operations $ 40.00 44 $ 1,760.00 (8840 Rosalind Ave.) Palm Trimming (17) $ 170.00 1 $ 170.00 Page 2 of 9 Corrected Palm Cell Numbers 1G Exhibit 1 City of Cape Canaveral Mowing and Landscape Maintenance BID#2018-2019 TAB SHEET BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS Harbor Heights (Medians Only) Mowing Operations $ 25.00 44 $ 1,100.00 Harbor Dr. Hedge Trimming $ 35.00 12 $ 420.00 (Off N.Atlantic Ave.) Palm Trimming (4) $ 40.00 1 $ 40.00 J N.Atlantic Ave. A1A/N.Atlantic to Welcome Sign N Mowing Operations $ 65.00 44 $ 2,860.00 end of N Atlantic by Port Hedge Trimming $ 155.00 12 $ 1,860.00 K Canaveral City Park and Ball Park Mowing Operations $ 270.00 44 $ 11,880.00 Infield Mowing $ 45.00 88 $ 3,960.00 7920 Orange Ave. Hedge Trimming $ 40.00 12 $ 480.00 Palm Trimming (144) $ 1,440.00 1 $ 1,440.00 Aeration,Top Dressing,and Verticutting $ 2,300.00 1 $ 2,300.00 L Center Street Park and Streetscape Mowing Operations $ 35.00 44 $ 1,540.00 West End of Center St. Hedge Trimming $ 25.00 12 $ 300.00 (Off N.Atlantic Ave.) Palm Trimming (19) $ 190.00 1 $ 190.00 M South City Entrance Skin N.Atlantic Ave. Mowing Operations $ 20.00 44 $ 880.00 (Between Grant Ave.and Johnson Hedge Trimming $ 20.00 12 $ 240.00 Ave.) Palm Trimming (9) $ 90.00 1 $ 90.00 Page 3 of 9 Corrected Palm Cell Numbers 1G Exhibit 1 City of Cape Canaveral Mowing and Landscape Maintenance BID#2018-2019 TAB SHEET BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS N SR A1A Landscaped Easement Areas Christ Lutheran Church -7511 N. Atlantic Ave. Center St.-7077 N.Atlantic Ave.(two Mowing Operations areas north and south of Center St. $ 100.00 44 $ 4,400.00 on SR A1A) Area immediately north of 6395 N. Hedge Trimming Atlantic Ave.and south of Cape $ 55.00 12 $ 660.00 Shores Dr.South Palm Trimming (35) $ 350.00 1 $ 350.00 6121 N.Atlantic Ave. O Patriot's Park Mowing Operations $ 45.00 44 $ 1,980.00 East End of Long point Rd. Hedge Trimming $ 40.00 12 $ 480.00 (West Side of N.Atlantic Ave.) Palm Trimming (21) $ 210.00 1 $ 210.00 P Columbia Drive(Medians Only) Mowing Operations $ 75.00 44 $ 3,300.00 Medians Only Hedge Trimming $ 81.00 12 $ 972.00 Palm Trimming (9) $ 90.00 1 $ 90.00 Q Thurm Boulevard (Medians Only) Mowing Operations $ 55.00 44 $ 2,420.00 Medians Only Hedge Trimming $ 40.00 12 $ 480.00 Palm Trimming (14) $ 140.00 1 $ 140.00 Page 4 of 9 Corrected Palm Cell Numbers 1G Exhibit 1 City of Cape Canaveral Mowing and Landscape Maintenance BID#2018-2019 TAB SHEET BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS R Manatee Park 701 Thurm Blvd.(Park is located on Mowing Operations $ 240.00 44 $ 10,560.00 river just north of Water Reclamation Palm Trimming (238) $ 2,380.00 1 $ 2,380.00 Plant) Edging of Exercise Trail $ 100.00 12 $ 1,200.00 S Banana River Park 901 Puerto Del Rio Dr.Soccer Field Mowing Operations $ 80.50 44 $ 3,542.00 and Park area including Canoe Palm Trimming (38) $ 380.00 1 $ 380.00 Launch area Hedge Trimming $ 150.00 12 I $ 1,800.00 T North City Entrance Skin A1A Mowing Operations $ 25.00 44 $ 1,100.00 North end of Cape Canaveral on west Hedge Trimming $ 38.00 12 $ 456.00 side of Astronaut Blvd. Palm Trimming (6) $ 60.00 1 $ 60.00 U N.Atlantic Ave. Entrance Skin North end of Cape Canaveral on west Mowing Operations $ 25.00 44 $ 1,100.00 side of N.Atlantic Ave. by Port Hedge Trimming $ 38.00 12 $ 456.00 entrance Palm Trimming (14) $ 140.00 1 $ 140.00 ✓ Ridgewood Ave. Redevelopment project running Mowing Operations $ 300.00 44 $ 13,200.00 parallel to oceanfront from Hedge Trimming $ 150.00 12 $ 1,800.00 East Central to Johnson Ave. Palm Trimming (106) $ 1,060.00 1 $ 1,060.00 Page 5 of 9 Corrected Palm Cell Numbers 1G Exhibit 1 City of Cape Canaveral Mowing and Landscape Maintenance BID#2018-2019 TAB SHEET BID AREA II TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES RIGHTS-OF-WAY A N.Atlantic Ave. North entrance sign to landscaped Mowing Operations $ 250.00 44 $ 11,000.00 triangle area(undeveloped areas only) Palm Trimming (61) $ 610.00 1 $ 610.00 B East Central Blvd -From N.Atlantic East to Ridgewood Ave. Mowing Operations $ 200.00 24 $ 4,800.00 (Undeveloped areas only) Palm Trimming (60) $ 600.00 1 $ 600.00 C West Central Blvd.-From Thurm Blvd East to N.Atlantic Ave. Mowing Operations $ 45.00 24 $ 1,080.00 (Undeveloped areas only) Palm Trimming (39) $ 390.00 1 $ 390.00 D Beach End Streets (Harbor Heights to Johnson Ave.) Mowing Operations $ 30.00 24 $ 720.00 E Harbor Heights/Harbor Dr.Stormwater Retention Harbor Dr.(Off N.Atlantic Ave.) Mowing Operations $ 45.00 24 $ 1,080.00 F Oak Lane Mowing Operations $ 45.00 24 $ 1,080.00 G SR A1A East side and west side Mowing Operations $ 110.00 24 $ 2,640.00 (undeveloped areas only) H Thurm Blvd. From SR A1A on east side to West Central Blvd on the north side. (To Mowing Operations $ 220.00 I 24 $ 5,280.00 the wall of the Discovery Bay Palm Trimming (32) $ 320.00 1 $ 320.00 Development) Page 6 of 9 Corrected Palm Cell Numbers 1G Exhibit 1 City of Cape Canaveral Mowing and Landscape Maintenance BID#2018-2019 TAB SHEET BID AREA II (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES RIGHTS-OF-WAY I Jefferson/Poinsettia Ave. Right-of-way along undeveloped lot. Mowing Operations $ 15.00 24 $ 360.00 J Washington/Poinsettia Ave. Right-of-way along undeveloped lot. Mowing Operations $ 15.00 24 $ 360.00 K Madison/Magnolia Ave. Right-of-way along undeveloped lot. Mowing Operations $ 12.00 24 $ 288.00 L Buchanan/Orange Ave. Right-of-way along undeveloped lot. Mowing Operations $ 12.00 24 $ 288.00 M Canaveral Blvd Right-of-way on the north side of Canaveral Blvd in front of the gated Mowing Operations $ 18.00 24 $ 432.00 development. Page 7 of 9 Corrected Palm Cell Numbers 1G Exhibit 1 City of Cape Canaveral Mowing and Landscape Maintenance BID#2018-2019 TAB SHEET BID AREA III I TIMES PER UNIT COST TOTAL COST ADDRESS/NOTES WATER RECLAMATION PLANT AND LIFT YEAR STATIONS A Water Reclamation Plant 601 Thurm Blvd. I Mowing Operations $ 350.00 44 I $ 15,400.00 B Lift Stations See attached list and map for Mowing Operations $ 120.00 44 $ 5,280.00 locations. BID AREA IV UNIT COST TIMES PER TOTAL COST MOWING/SLOPE MOWING OF CENTRAL YEAR LOCATION: North and South of West DITCH AND OTHER AREAS Central Blvd.from Port to SR A1A. A Central Ditch Mowing Operations $ 600.00 12 $ 7,200.00 B Stormwater Pond -Manatee Park LOCATION:701 Thurm Blvd. Mowing Operations $ 75.00 42 $ 3,150.00 C Stormwater Ponds-Plant Mowing Operations $ 45.00 42 $ 1,890.00 LOCATION: 601 Thurm Blvd. D Stormwater Easement LOCATION:8893 N.Atlantic Mowing Operations $ 325.00 1 $ 325.00 Page 8 of 9 Corrected Palm Cell Numbers 1G Exhibit 1 City of Cape Canaveral Mowing and Landscape Maintenance BID#2018-2019 TAB SHEET BID #2015-09 TAB SHEET GRAND TOTAL BID AREA I -LANDSCAPED AREAS $ 141,412.00 BID AREA II -RIGHTS-OF-WAY $ 31,328.00 BID AREA III -WATER RECLAMATION PLANT AND LIFT STATIONS $ 20,680.00 BID AREA IV-MOWING/SLOPE MOWING OF CENTRAL DITCH AND OTHER AREAS $ 12,565.00 GRAND TOTAL OF BID AREAS I. II, III AND IV $ 205,985.00 VENDOR INFORMATION NOTES: COMPANY NAME:Green Leaf COMPANY REPRESENTATIVE: MAILING ADDRESS: OFFICE- PHONE: MOBILE- Page 9 of 9 Corrected Palm Cell Numbers 1G [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 Item No. 6 Subject: Accept 2018 Community Survey Report. Department: Community Engagement Summary: Since 2016, the Community Engagement Department has served as a liaison between the City and Community members. Communication and messaging have improved as the City utilizes various media to disseminate information and collect feedback from residents, visitors,business owners and other involved individuals. At the 2018 Cape Canaveral Strategic Planning Retreat, City leadership initiated a Community survey as a way to continue collecting feedback from residents. The anonymous online survey was open to all residents and property owners for nine weeks and saw the greatest number of respondents for any type of survey ever administered in Cape Canaveral history. In total, 1,151 responses were collected. The takeaway from the 2018 Community Survey is the majority of respondents are satisfied with Community cleanliness, green space, level of ease or safety when biking on residential streets and atti activeness of completed streetscapes and feel that there has been positive progress over the last decade with respect to the majority of the topics and services addressed in the survey. While Staff is pleased to learn the majority of residents and property owners are satisfied with the above areas, we recognize the fact that there is always room for improvement. Areas in which respondents desire improvement includes bikeability and walkability on State Road A I A, the environmental health of the Indian River Lagoon,sustainability and resiliency initiatives and redevelopment of blighted areas. The City will remain committed to implementing the Community's Vision and will continue to engage and partner with residents,business owners and visitors frequently and imaginatively. It is important to note that we will have greater success if the entire Community is able to stretch beyond policy making and work together toward open and honest communication, collaborative goal setting and implementation. Management Consultant Dr. Tom Freijo and the Community Engagement Department present the 2018 Community Survey report. Due to the size of the raw exported data,tabular results and written comments for items,the survey is not attached but will be available on the City's website at www.cityofcapecanaveral.org/survey. Submitting Department Director: Joshua A. Surprenant Date: 10/9/2018 Attachment: Cape Canaveral 2018 Community Survey Report Additional Information: www.cityofcapecanaveral.org/survey Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/8/18 The City Manager recommends that City Council take the following action: Accept the 2018 Community Survey Report. Approved by City Manager: David L. Greene Date: 10/8/18 [Collage of Photos from around the City] 2018 Community Survey Report [City Seal] The Space Between Dr. Tom Freijo, Ph.D., Management Consultant Joshua Surprenant, Community Engagement Director City of Cape Canaveral — 2018 Community Survey Report Table of Contents Message from the Community Engagement Director 4 Section 1: Demographics 7 Resident Status 7 Housing Situation 7 Location of Residence 7 Voting Registration 8 Work Status 8 Age 8 Students 8 Level of Education 8 Household Income 8 Adults in Household 9 Children in Household 9 Time in Cape Canaveral 9 Section 2: City Amenities 10 Importance of Fitness and Recreation 10 Satisfaction with Fitness and Recreation 10 Participation in Fitness and Recreation Activities 10 Participation in City Leagues or Clubs 10 Visiting City Parks or Facilities 10 Importance of Special Events, Entertainment, Concerts and Festivals in the City 11 Satisfaction with Special Events, Entertainment, Concerts and Festivals in the City 11 Attendance at City Events 11 Importance of Activities for Children 11 Satisfaction with Activities for Children 11 Importance of Public Library 12 Satisfaction with the Cape Canaveral Public Library 12 Library Card 12 Section 3: City Environment and Aesthetics 13 Importance of Community Cleanliness 13 Satisfaction with Community Cleanliness 13 Importance of Our Lagoon Being Environmentally Healthy 13 Satisfaction with the Environmental Health of The Lagoon 13 City of Cape Canaveral — 2018 Community Survey Report Importance of the City Addressing Climate Change 13 Satisfaction with City Efforts to Address Climate Change 14 Importance of the City Protecting Sea Turtles 14 Satisfaction with City Efforts to Protect Sea Turtles 14 Importance of Easily Biking or Walking Safety on State Road AlA 14 Satisfaction with Biking or Walking Safety on State Road Al A 14 Importance of Easily Biking or Walking Safety Across State Road AlA 15 Satisfaction with Biking or Walking Safety Across State Road Al A 15 Importance of Easily Biking or Walking Safety on Residential Streets 15 Satisfaction with Biking or Walking Safety on Residential Streets 15 Importance of Attractive Streetscapes 16 Satisfaction with Level of Attractive Streetscapes 16 Section 4: City Development Trends 17 Importance of Redeveloping Blighted Areas 17 Satisfaction with the Redevelopment of Blighted Areas 17 Satisfaction with Variety of Housing Choices Within the City 17 Affordable Housing in the City 17 Problems with Housing 17 Importance of Green Space 18 Satisfaction with Amount of Green Space in Cape Canaveral 18 Importance of Using Zoning to Control How Land is Developed 18 Satisfaction with City Using Zoning to Control How Land is Developed 18 Desired Mix of Businesses in the Community 18 Section 5: Community Safety 20 Satisfaction with Overall Feeling of Safety in Cape Canaveral 20 Satisfaction with Overall Feeling of Safety in Own Neighborhood 20 Satisfaction with Overall Feeling of Safety in Commercial Areas 20 Satisfaction with Overall Feeling of Safety in Public Places 20 Section 6: City Services 21 Satisfaction with City Services 21 Section 7: Community Priorities 22 Importance of Various City Amenities 22 Section 8: Non-Service Dogs in Public Parks 23 Dog Ownership 23 Non-Service Dogs on the Beach 23 City of Cape Canaveral — 2018 Community Survey Report Restrictions on Non-Service Dogs on the Beach 23 Dog in Parks 23 Section 9: Community Progress 24 City Progress Over Past 10 Years 24 Section 10: Information About the City 24 Use of Resources to Stay Informed About Local Government 24 Satisfaction with Resources to Stay Informed About Local Government 25 Section 11: Community Involvement 26 Degree of Citizen Involvement 26 Participation in Community Involvement Activities 26 Feelings About Degree of Citizen Involvement 26 Preferred Method of Contact 26 Reasons for Non-Involvement 27 Section 12: Additional Comments 28 City of Cape Canaveral — 2018 Community Survey Report Message from the Community Engagement Director Since 2016,the Community Engagement Department has served as a liaison between City and Community members. Communication has improved by utilizing various mediums to disseminate information to and collect feedback from residents, visitors, business owners and other involved individuals. In March 2018, City leadership initiated a Community survey in order to collect resident feedback and measure their perspective on City progress and priorities. The 69-question survey covered a large scope of topics and allowed participants total anonymity and freedom with their responses. The takeaway from the 2018 Community survey is that the majority of respondents are satisfied with Community cleanliness, green space, level of ease or safety when biking on residential streets and attractiveness of completed streetscapes and feel that there has been positive progress over the last decade with respect to the majority of the topics and services addressed in the survey. While Staff is pleased to learn the majority of residents and property owners are satisfied with the above areas, we recognize the fact that there is always room for improvement. Areas in which respondents desire improvement includes bikeability and walkability on State Road Al A,the environmental health of the Indian River Lagoon, sustainability and resiliency initiatives and redevelopment of blighted areas. The City will remain committed to implementing the Community's Vision and will continue to engage and partner with residents, business owners and visitors frequently and imaginatively. It is important to note that we will have greater success if the entire Community is able to stretch beyond policy making and work together toward open and honest communication, collaborative goal setting and implementation. Joshua Surprenant Community Engagement Director City of Cape Canaveral — 2018 Community Survey Report Introduction At the 2018 Cape Canaveral Strategic Planning Retreat, City leadership initiated a Community survey as a way to continue collecting feedback from residents. From March to June 2018, Management Consultant Dr. Tom Freijo and the Community Engagement Department developed the survey with input from the Mayor, City Council members and City manager using knowledge gained from previous City surveys, outreach initiatives and the experiences of City Staff. During development, initial versions of the survey were reviewed by key Staff members and later versions were field tested by select Staff and residents. The final version of the survey was available to all residents and property owners of Cape Canaveral and contained 69 closed-ended items with the option for respondents to add additional clarifying comments. Estimated completion time for the survey was 27 minutes. The Community engagement consultant created responses to four frequently asked questions addressing the reason for allowing anonymous responses,the length of the survey, how a respondent could pause the survey and how several members of the same household could participate. In an effort to control any sort of multiple survey response exploitation from respondents intending to sway the survey results,the multiple responses option was deactivated. The survey was live for nine weeks via SurveyMonkey and the City used various means to request resident participation in the Community survey including Nixle,the City Hall LED marquee, publicly placed flyers, a "Hometown News" article, direct mail postcards, a message on resident water bills,the City website, social media posts (Facebook, Twitter, Instagram, Snapchat and Nextdoor), regular features in "The Weekly Update," City meeting video messaging,through local faith-based organizations and City event outreach. A City Hall-based Community survey station with a laptop and tech support was created to address accessibility, and Staff received one request to participate in person. Survey responses had three high participation spikes. The first spike occured when the survey went live (Week 1 — 6/25/18 — 7/1/2018 — 294 responses). The next was seen after the "Hometown News" article was published (Week 2 — 7/2/18 — City of Cape Canaveral — 2018 Community Survey Report 7/8/2018 — 122 responses ). The final spike was seen when the direct mail postcards arrived in mailboxes (Week 6 — 7/30/18 — 8/5/18 — 303 responses). Some weeks saw as few as 18 responses,though survey promotion remained constant throughout the nine weeks. In total, 1,151 responses were collected -the greatest number of respondents for any type of survey ever administered in City history! Once the survey was closed, responses were analyzed using data aggregation tools within SurveyMonkey, and the associated tables, graphs and charts were produced. The results provided in the Cape Canaveral 2018 Community Survey report are the beginning of a larger Staff exploration to translate the desires of the Community into strategic planning that determines short- and long-term goals for Cape Canaveral. This report presents results in narrative form for each of the following items in the survey: • Demographics • City Amenities or Opportunities • City Environment and Aesthetics • Development Trends • Community Safety • City Services • Community Priorities • Non-Service Dogs in Public Places • Community Progress • Information About the City • Community Involvement Due to the size of the raw exported data,tabular results and written comments for items,the survey is not attached but will be available on the City's website at www.cityofcapecanaveral.org/survey or by contacting Joshua Surprenant, Community Engagement Director, at (321) 868-1231 or j.surprenant@cityofcapecanaveral.org. Note that percentages have been rounded up or down to the nearest whole percent in this report. For raw data, please refer to the tabular results mentioned above. City of Cape Canaveral — 2018 Community Survey Report Survey Results Section 1: Demographics Resident Status • Approximately 76% of respondents were full-time residents (60% homeowners and 16% renters) • Approximately 25% of respondents were seasonal residents (22% homeowners and 3% renters) Housing Situation • Approximately 63% of respondents lived in multi-family homes (46% with five or more units and 17% with two to four units) • Approximately 36% of respondents lived in single-family homes • About 2% lived in mobile homes Location of Residence • Approximately 57% of respondents lived in the NE quadrant (East of State Road A1A and North of Polk Avenue) • Approximately 21% in the NW quadrant (West of State Road A1A and North of Polk Avenue) • Approximately 13% in the SE quadrant (East of State Road A1A and South of Polk Avenue) • Approximately 9% in the SW quadrant (West of State Road A1A and South of Polk Avenue) Voting Registration • Approximately 80% of respondents were registered to vote in Florida Work Status • Approximately 40% of respondents work full time, but only 10% work in the City • Approximately 47% are retired City of Cape Canaveral — 2018 Community Survey Report Age • Nearly 95% of respondents were 35 or older • Approximately 51% were 55 - 70 • Approximately 22% were 35 - 54 • About 21% were over 70 Students • Only approximately 2% of respondents were full-time students Level of Education • Nearly 60% of respondents had at least a bachelor's degree (28% had a bachelor's and about 31% had a higher degree) • Almost 90% had at least some college education Household Income • Nearly 32% of respondents had a household income between $100,000 and $199,999 • About 52% had incomes between $25,000 and $99,999 • 28% were $60,000 to $99,999 • 24% were $25,000 to $59,999 • A little more than 10% had incomes above $200,000 Adults in Household • About 72% of respondents lived in a household with two adults • Nearly all others (23%) lived in a household with no other adults Children in Household • Approximately 89% of respondents lived in a household with no children under 18 • Nearly all others had either one (5%) or two (4%) children under 18 Time in Cape Canaveral • Nearly 32% of respondents had lived in Cape Canaveral four years or less City of Cape Canaveral — 2018 Community Survey Report • About 25% had lived in Cape Canaveral five to 10 years • Almost 25% had lived in the City between 11 and 20 years • About 18% had lived in the City for 20 or more years 9 City of Cape Canaveral — 2018 Community Survey Report Section 2: City Amenities Importance of Fitness and Recreation • About 52% of respondents indicated that fitness and recreational facilities and programs were either Very Important or Extremely Important to them • Another 32% said they were Somewhat Important • About 16% indicated that they were either Not So Important or Not at All Important Satisfaction with Fitness and Recreation • Approximately 41% of respondents indicated that they were either Very Satisfied or Satisfied with the fitness and recreational facilities and programs offered by the City • About 49% said they were Neither Satisfied nor Dissatisfied • Approximately 11% were either Dissatisfied or Very Dissatisfied Participation in Fitness and Recreation Activities • There were only five activities for which as many as 5% of respondents had participated any time in the past year: Tennis (9%),Yoga (7%), Beach Yoga (7%), Shuffleboard (6%) and Zumba (5%) Participation in City Leagues or Clubs • The highest levels of participation were for the Health First Mayors' Fitness Challenge (9%), softball league (5%) and tennis league (4%) Visiting City Parks or Facilities • The highest levels of visitation any time during the past year were for Manatee Sanctuary Park (81%), Banana River Park (67%), Canaveral City Park (49%) and Veterans Memorial Park (41%) City of Cape Canaveral — 2018 Community Survey Report Importance of Special Events, Entertainment, Concerts and Festivals in the City • More than half (56%) of respondents indicated that special events, entertainment, concerts and festivals in the City were either Very Important or Extremely Important to them • 36% said they were Somewhat Important • 9% indicated that they were either Not So Important or Not at All Important Satisfaction with Special Events, Entertainment, Concerts and Festivals in the City • Approximately 53% of respondents indicated that they were either Very Satisfied or Satisfied with special events, entertainment, concerts and festivals in the City • About 41% said they were Neither Satisfied nor Dissatisfied • Approximately 6% were either Dissatisfied or Very Dissatisfied Attendance at City Events • The highest levels of attendance during the past year were for Friday Fest (59%), Street Eats (36%), Founders' Day (25%) and Community Nights in the Park (23%) Importance of Activities for Children • 61% of respondents indicated that activities for children, such as Yoga in the Park,the Egg Hunt and the Monster Mash were either Very Important or Extremely Important to them • 25% said they were Somewhat Important • Approximately 15% indicated that they were either Not So Important or Not at All Important Satisfaction with Activities for Children • Approximately 30% of respondents indicated that they were either Very Satisfied or Satisfied with activities for children, such as Yoga in the Park,the Egg Hunt and the Monster Mash • Nearly 70% said they were Neither Satisfied nor Dissatisfied • Only 1% were either Dissatisfied or Very Dissatisfied City of Cape Canaveral — 2018 Community Survey Report Importance of Public Library • Almost 90% of respondents indicated that the City having a public library was either Very Important or Extremely Important to them • 7% said it was Somewhat Important • Approximately 4% indicated that it was either Not So Important or Not at All Important Satisfaction with the Cape Canaveral Public Library • Approximately 79% of respondents indicated that they were either Very Satisfied or Satisfied with the Cape Canaveral Public Library • Approximately 20% said they were Neither Satisfied nor Dissatisfied • Fewer than 2% were either Dissatisfied or Very Dissatisfied Library Card • Approximately 71% of respondents indicated that they have a Brevard County library card City of Cape Canaveral — 2018 Community Survey Report Section 3: City Environment and Aesthetics Importance of Community Cleanliness • More than 99% of respondents indicated that they consider Community cleanliness, including having a litter-free beach and City streets, as either Very Important or Extremely Important to them Satisfaction with Community Cleanliness • Approximately 73% of respondents indicated that they were either Very Satisfied or Satisfied with Community cleanliness, including the removal of litter on the beach and on City streets • Approximately 15% said they were Neither Satisfied nor Dissatisfied • Approximately 13% were either Dissatisfied or Very Dissatisfied Importance of Our Lagoon Being Environmentally Healthy • Approximately 97% of respondents indicated that they consider our lagoon being environmentally healthy as either Very Important or Extremely Important to them Satisfaction with the Environmental Health of The Lagoon • Approximately 13% of respondents indicated that they were either Very Satisfied or Satisfied with the environmental health of the lagoon • Approximately 23% said they were Neither Satisfied nor Dissatisfied • Approximately 64% were either Dissatisfied or Very Dissatisfied Importance of the City Addressing Climate Change • Approximately 67% of respondents indicated that the City addressing the potential impacts of climate change and its effect on sustainability and resiliency is either Very Important or Extremely Important to them • About 16% said it were Somewhat Important • Approximately 17% indicated that it was either Not So Important or Not at All Important City of Cape Canaveral — 2018 Community Survey Report Satisfaction with City Efforts to Address Climate Change • Approximately 19% of respondents indicated that they were either Very Satisfied or Satisfied with efforts the City is making to address the potential impacts of climate change and its effect on sustainability and resiliency • Approximately 69% said they were Neither Satisfied nor Dissatisfied • Approximately 13% were either Dissatisfied or Very Dissatisfied Importance of the City Protecting Sea Turtles • Approximately 89% of respondents indicated that the City making an effort to protect sea turtles, nesting sites and hatchlings during nesting season (March 1 to October 31) is either Very Important or Extremely Important to them • 9% said it was Somewhat Important • Fewer than 3% indicated that it was either Not So Important or Not at All Important Satisfaction with City Efforts to Protect Sea Turtles • Approximately 76% of respondents indicated that they were either Very Satisfied or Satisfied with the City's efforts to protect sea turtles, nesting sites and hatchlings during nesting season (March 1 to October 31) • Approximately 20% said they were Neither Satisfied nor Dissatisfied • Fewer than 5% were either Dissatisfied or Very Dissatisfied Importance of Easily Biking or Walking Safety on State Road AlA • Approximately 82% of respondents indicated that being able to safely and easily bike or walk on State Road Al A is either Very Important or Extremely Important to them • 12% said it was Somewhat Important • Only 7% indicated that it was either Not So Important or Not at All Important Satisfaction with Biking or Walking Safety on State Road AlA • Approximately 21% of respondents indicated that they were either Very Satisfied or Satisfied with the level of ease or safety they feel when biking or walking on State Road Al A City of Cape Canaveral — 2018 Community Survey Report • Approximately 32% said they were Neither Satisfied nor Dissatisfied • Approximately 47% were either Dissatisfied or Very Dissatisfied Importance of Easily Biking or Walking Safety Across State Road AlA • Approximately 88% of respondents indicated that being able to safely and easily bike or walk across State Road Al A is either Very Important or Extremely Important to them • 10% said it was Somewhat Important • Fewer than 3% indicated that it was either Not So Important or Not at All Important Satisfaction with Biking or Walking Safety Across State Road AlA • Approximately 22% of respondents indicated that they were either Very Satisfied or Satisfied with the level of ease or safety they feel when biking or walking across State Road Al A • Approximately 28% said they were Neither Satisfied nor Dissatisfied • Approximately 51% were either Dissatisfied or Very Dissatisfied Importance of Easily Biking or Walking Safety on Residential Streets • Approximately 93% of respondents indicated that being able to safely and easily bike or walk on residential streets in Cape Canaveral is either Very Important or Extremely Important to them • 6% said it was Somewhat Important • Only about 1% indicated that it was either Not So Important or Not at All Important Satisfaction with Biking or Walking Safety on Residential Streets • Approximately 64% of respondents indicated that they were either Very Satisfied or Satisfied with the level of ease or safety they feel when biking or walking on residential streets in Cape Canaveral • Approximately 21% said they were Neither Satisfied nor Dissatisfied • Approximately 16% were either Dissatisfied or Very Dissatisfied City of Cape Canaveral — 2018 Community Survey Report Importance of Attractive Streetscapes • Approximately 77% of respondents indicated that attractive streetscapes — such as those with pavers, planters, bus shelters, bicycle racks, wayfinding signage, solar lights, landscaping, etc. — throughout the City are either Very Important or Extremely Important to them • 19% said they were Somewhat Important • Only 4% indicated that they were either Not So Important or Not at All Important Satisfaction with Level of Attractive Streetscapes • Approximately 70% of respondents indicated that they were either Very Satisfied or Satisfied with the level of attractive streetscapes, such as N. Atlantic Avenue and Ridgewood Avenue • Approximately 21% said they were Neither Satisfied nor Dissatisfied • Approximately 9% were either Dissatisfied or Very Dissatisfied City of Cape Canaveral — 2018 Community Survey Report Section 4: City Development Trends Importance of Redeveloping Blighted Areas • Approximately 80% of respondents indicated that blighted areas in Cape Canaveral being redeveloped is either Very Important or Extremely Important to them • 16% said it was Somewhat Important • Only 4% indicated that it was either Not So Important or Not at All Important Satisfaction with the Redevelopment of Blighted Areas • Approximately 18% of respondents indicated that they were either Very Satisfied or Satisfied with the redevelopment of blighted areas in Cape Canaveral • Approximately 50% said they were Neither Satisfied nor Dissatisfied • Approximately 32% were either Dissatisfied or Very Dissatisfied Satisfaction with Variety of Housing Choices Within the City • Approximately 62% of respondents indicated that they were either Very Satisfied or Satisfied with the variety of housing choices within the City (Multi-family and single-family homes, condos,townhouses, apartments, etc.) • Approximately 28% said they were Neither Satisfied nor Dissatisfied • Approximately 10% were either Dissatisfied or Very Dissatisfied Affordable Housing in the City • Approximately 45% of respondents Strongly Agreed or Agreed with the statement "There is adequate affordable housing in the City." • Approximately 34% said they Neither Agreed nor Disagreed • Approximately 21% either Disagreed or Strongly Disagreed Problems with Housing • Approximately 78% of respondents indicated they had not personally experienced any of several listed problems with their housing within the past 12 months City of Cape Canaveral — 2018 Community Survey Repot-. • Problems that were identified included: Affordability (10%), Security (10%), Adequacy (4%), Accessibility (3%) and Suitability (3%) Importance of Green Space • Approximately 90% of respondents indicated that Cape Canaveral having green space, such as Manatee Sanctuary Park or the Community Garden is either Very Important or Extremely Important to them • 8% said it was Somewhat Important • Only 2% indicated that it was either Not So Important or Not at All Important Satisfaction with Amount of Green Space in Cape Canaveral • Approximately 64% of respondents indicated that they were either Very Satisfied or Satisfied with the amount of green space in Cape Canaveral • Approximately 24% said they were Neither Satisfied nor Dissatisfied • Approximately 12% were either Dissatisfied or Very Dissatisfied Importance of Using Zoning to Control How Land is Developed • Approximately 86% of respondents indicated that Cape Canaveral using zoning to control how land is developed in different parts of the City is either Very Important or Extremely Important to them • 12% said it was Somewhat Important • Only 3% indicated that it was either Not So Important or Not at All Important Satisfaction with City Using Zoning to Control How Land is Developed • Approximately 40% of respondents indicated that they were either Very Satisfied or Satisfied with how the City of Cape Canaveral uses zoning to control how land is developed in different parts of the City • Approximately 43% said they were Neither Satisfied nor Dissatisfied • Approximately 18% were either Dissatisfied or Very Dissatisfied Desired Mix of Businesses in the Community Given a list of 12 businesses (See tabular results.), respondents indicated whether they felt the City had the right amount of each business or whether they would like to see more of or less of that type of business. City of Cape Canaveral — 2018 Community Survey Report • A majority of respondents indicated they were satisfied with the current mix • A majority wanted more green space and parks (53%) • A majority wanted more specialty restaurants (61%) • Approximately 43% wanted more upscale chain restaurants • Approximately 42% wanted more coffee shops • A substantial minority wanted fewer hotels (35%) and fewer fast food restaurants (27%) City of Cape Canaveral — 2018 Community Survey Report Section 5: Community Safety Satisfaction with Overall Feeling of Safety in Cape Canaveral • Approximately 69% of respondents indicated that they were either Very Satisfied or with their overall feeling of safety in Cape Canaveral • Approximately 17% said they were Neither Satisfied nor Dissatisfied • Approximately 14% were either Dissatisfied or Very Dissatisfied Satisfaction with Overall Feeling of Safety in Own Neighborhood • Approximately 78% of respondents indicated that they were either Very Satisfied or Satisfied with their overall feeling of safety in their own neighborhood • Approximately 10% said they were Neither Satisfied nor Dissatisfied • Approximately 12% were either Dissatisfied or Very Dissatisfied Satisfaction with Overall Feeling of Safety in Commercial Areas • Approximately 72% of respondents indicated that they were either Very Satisfied or Satisfied with their overall feeling of safety in Cape Canaveral's commercial areas, such as restaurants, gas stations, convenience stores and so forth • Approximately 20% said they were Neither Satisfied nor Dissatisfied • Approximately 8% were either Dissatisfied or Very Dissatisfied Satisfaction with Overall Feeling of Safety in Public Places • Approximately 77% of respondents indicated that they were either Very Satisfied or Satisfied with their overall feeling of safety in public places, such as Cape Canaveral parks, green spaces, playgrounds or the beach • Approximately 16% said they were Neither Satisfied nor Dissatisfied • Approximately 7% were either Dissatisfied or Very Dissatisfied City of Cape Canaveral — 2018 Community Survey Report 3ection 6: City Services Satisfaction with City Services Given a list of nine City services (See tabular results.), respondents indicated their level of satisfaction with each service. • Services with particularly high levels of satisfaction included: o Waste removal (77%) o Sheriff's service (74%) o Fire service (73%) o Ambulance/EMS (59%) o City of Cocoa Water (58%) o Sanitary sewer (58%) • Services with more than 15% dissatisfaction included: o Redevelopment of blighted areas (33%) o Code enforcement (20%) o City of Cocoa Water (19%) o Stormwater (17%) City of Cape Canaveral — 2018 Community Survey Report Section 7: Community Priorities Importance of Various City Amenities Given a list of seven City amenities (See tabular results.), respondents indicated how important they thought each amenity is. • Each of the areas topped 60% of respondents who indicated either Extremely Important,Very Important or Important • Two of the areas topped 90%: Traffic Flow on State Road Al A (98%) and Traffic Flow on Residential Streets (91%) City of Cape Canaveral — 2018 Community Survey Report Section 8: Non-Service Dogs in Public Parks Dog Ownership • Approximately 33% of respondents own dogs Non-Service Dogs on the Beach • Given three options, approximately 27% of the respondents indicated there should be No Restrictions in regard to non-service dogs on the beach • The remainder of respondents were divided between Restrictions on When and Where (39%) and Never Allowed on the Beach (34%) Restrictions on Non-Service Dogs on the Beach • Given four options for different types of possible restrictions regarding dogs on the beach, approximately 68% of the respondents indicated Restrictions to Designated Areas • Approximately 51% indicated Restrictions on Certain Hours or Being on a Short Leash • Restriction to Certain Days was chosen by approximately 14% of respondents Dog in Parks • Given three options concerning areas in parks for dogs, approximately equal numbers of respondents preferred Separate Parks (43%) or Sections of Existing Parks (40%) • The remainder Indicated No areas for dogs should be set up in parks (17%) City of Cape Canaveral — 2018 Community Survey Report Section 9: Community Progress City Progress Over Past 10 Years Given a list of 12 areas (See tabular results.), respondents indicated how much progression or regression they had observed over the past 10 years. • A majority of respondents indicated they had noted A Lot of Progress or Some Progress in all areas except City services (45%), Redeveloped property (45%) and Sustainability initiatives (41%) • Four areas topped 70%: City streetscapes (73%), Bikeability and walkability (72%), Public buildings and public spaces (71%) and City green spaces, parks, and public facilities (71%) Use of Resources to Stay Informed About Local Government Given a list of 15 resources to keep informed about happenings in local government (See tabular results), respondents indicated how often they used each resource to stay informed. • Those sources with the most use included: o Word of mouth (63%) o City website (62%) o Attending City events (51%) o City Hall LED marquee (50%) • Sources that substantial majorities never used included: o Attend Community brainstorming meetings (80%) o Watch advisory board meetings online (74%) o Attend advisory board meetings (71%) o Postings at City Hall (70%) City of Cape Canaveral — 2018 Community Survey Report Satisfaction with Resources to Stay Informed About Local Government Given a list of 15 resources to keep informed about happenings in local government (See tabular results.), respondents indicated how pleased they were with each resource. • Those sources with the most respondents indicating Somewhat Pleased or Very Pleased included: o City events (73%) o City website (72%) o City Hall LED marquee (65%) o City Community calendar (website) (59%) o City's official social media (53%) • It is interesting to note that there were eight sources for which more than 50% of the respondents Did Not Know About the Resource: o Watching advisory board meetings online (66%) o Attending Community brainstorm meetings (65%) o Watching City Council meetings online (63%) o Attending advisory board meetings (61%) o Postings at City Hall (60%) o Nixle (robo call &text notifications) (58%) o Attending City Council meetings (51%) o The Weekly Update (51%) City of Cape Canaveral — 2018 Community Survey Report 'Section 11: Community Involvement Degree of Citizen Involvement • Approximately 12% of respondents indicated they were either Very Involved (3%) or Moderately Involved (9%) in the Community • Approximately 31% indicated they were Somewhat Involved • About 29% were Involved Only When It Directly Impacted Them while 28% were Not at All Involved Participation in Community Involvement Activities Given a list of 13 Community involvement activities (See tabular results.), respondents indicated which of them they participated in. • There were five activities for which at least 1/3 of the respondents indicated they were involved: o Voting in national elections (80%) o Voting in City elections (70%) o Attending Friday Fest (63%) o Attending Street Eats (41%) o Attending City seasonal events (40%) Feelings About Degree of Citizen Involvement • More than 1/2 of the respondents indicated they would either like to be A Lot More Involved (12%) or A Little More Involved (47%) in the Community • Approximately 41% indicated they felt their level of Involvement was Just Right Preferred Method of Contact Given a list of 12 methods for them to be contacted by the City (See tabular results.), respondents rank-ordered them as follows. • The top choices (based on percent of respondents who placed that method in their top three ranks) were: o City website (62%) o Email (53%) City of Cape Canaveral — 2018 Community Survey Report o City Hall LED marquee (50%) o City events (48%) Reasons for Non-Involvement From among six choices provided respondents (See tabular results.),the following were the major reasons given for not being more involved with the community. o Work (44%) o Family responsibilities (22%) o Health or physical reasons (17%) o Satisfaction with City progress (11%) City of Cape Canaveral — 2018 Community Survey Report Section 12: Additional Comments The last item on the survey invited respondents to make any additional comments. Following are the major themes among the 342 individual comments. The number of responses falling under that theme is in parentheses. • The respondent likes or loves living in Cape Canaveral. (60) • The respondent is grateful to the City's leadership for the progress that has been made. (49) • The respondent appreciates that the Community survey was conducted. (31) • There are issues of traffic, safety, redevelopment and aesthetics on State Road Al A that need to be addressed. (23) • The focus should be more on maintaining a small-town atmosphere than attracting tourism. (18) • Blight and redevelopment continue to be issues that should be addressed. (16) • There is a drug or crime problem that needs to be addressed. (15) • There is a lack of enforcement (code, speed limits, parking). (9) • Beautification and cleanliness efforts are important. (8) • Conservation,the environment, and sustainability are important. (8) • Dogs should not be allowed on the beach. (7) • Addressing the vitality of the lagoon is important. (7) • There is a need for more sheriff patrols. (6) • There is a problem with peafowl. (6) [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 Item No. 7 Subject: Follow-up items related to the Conveyance of a Portion of Puerto Del Rio Drive to the City originally approved by the City Council on September 16, 2016; specifically, approval of: (1) Agreement Regarding Amendment to Agreement to Dedicate Roadway; (2) Easement to Puerto Del Rio Condominium Association; and (3) Estoppel Certificate from Puerto Del Rio Condominium Association. Department: City Attorney's Office via the City Manager's Office Summary: On September 16, 2016, the City Council approved an Agreement (Attachment 1) with the Puerto Del Rio (PDR) Condominium Association (HOA) which will result in the HOA conveying fee title to a portion of PDR Drive to the City of Cape Canaveral. The subject portion of the road to be conveyed to the City is depicted on the current draft of the Survey(Attachment 2), dated October 3, 2018. The HOA's attorney is handling the closing and will be issuing title insurance to the City when the transaction closes. The City Attorney's Office has been working with the HOA's lawyers to effectuate the closing of this real estate transaction. However,since the parties approved the Agreement,numerous technical complications with this closing have occurred that were not anticipated. The City Attorney's office and City Staff have been working closely with the HOA and its lawyers to resolve them. The closing has been extended numerous times to work out the issues. For example, it took some time for the HOA _ to identify it had infrastructure and other improvements in the road that is being conveyed. City Staff had to go out to the site to determine whether these improvements pose any concerns or challenges for the City if the City takes title to the road. As a result, the survey being prepared by the HOA has gone through several reiterations and reviews and a final draft recently received on October 3, 2018 is undergoing final review. As it stands today, the HOA will need to reserve an easement for specific existing improvements which have to be maintained by the HOA for this conveyance to work as originally intended by the parties. In order to effectuate the reservation of easement, the parties determined that it would be better, from a transactional standpoint, for the City to convey an easement back to the HOA (Attachment 3) after the deed conveying the road to the City (Attachment 4) is recorded. The HOA improvements in the road and easement were not known or contemplated when the City agreed to take title to the road,but City Staff has reviewed them and does not believe the existing improvements will impact the City's use and long term maintenance of the road. Further, there was concern that the conveyance of the road would make the PDR project out of compliance with the City's Comprehensive Plan density requirements as it would reduce the acreage of the development by the amount of the property being conveyed to the City. The state of the PDR HOA recorded documents made it very difficult to identify the number of units built and entitled for the project and to identify the amount of property that is actually encumbered by the HOA documents. There were also title objections that the City raised that had to be worked out. Further, there are also several utility easements already encumbering the road which had to be identified and reviewed. The last title objection remaining, which will be resolved by the attached Estoppel Certificate (Attachment 5), is related to the HOA's position that it cannot technically release the road from the Condominium covenants. The City Attorney's office City Council Meeting Date: 10/16/2018 Item No. 7 Page 2 of 2 conducted research and found a work around to the title objection which resolves the,objection and is mutually acceptable. At this time, the parties are close to finalizing this transaction. The City Manager and City Attorney's Office is requesting that the City Council approve the following closing documents so the City can proceed to the finish line: 1. Agreement Regarding Amendment to Agreement to Dedicate Roadway 2. Easement to Puerto Del Rio Condominium Association 3. Estoppel Certificate from Puerto Del Rio Condominium Association Submitting Department Director: Anthony Garganese via David L. Greene Date: 10/08/2018 Attachments: 1. Agreement to Dedicate Roadway, dated September 16, 2016 2. Draft Revised Survey, dated October 3, 2018 3. Easement to Puerto Del Rio Condominium Association 4. Agreement Regarding Amendment to Agreement to Dedicate Roadway 5. Estoppel Certificate from Puerto Del Rio Condominium Association Financial Impact: Costs associated with closing this transaction. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/8/18 The City Manager recommends that City Council take the following actions: Approve the Agreement Regarding Amendment to Agreement to Dedicate Roadway,Easement to Puerto Del Rio Condominium Association, and Estoppel Certificate from Puerto Del Rio Condominium Association so the City can complete the closing and conveyance of Puerto Del Rio Drive as originally intended and approved by the City Council on September 16, 2016. Approved by City Manager: David L. Greene Date: 10/8/18 Attachment 1 AGREEMENT TO DEDICATE ROADWAY THIS AGREEMENT TO DEDICATE ROADWAY ("Agreement") is made and entered into as of the l(n day of gT 2016 by and between PUERTO DEL RIO CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation (hereinafter referred to as the "Association") and the CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida(hereinafter referred to as the"City"), RECITALS: A. The Association manages all of the common elements of a certain residential condominium complex located within the City's municipal boundaries. The common elements managed by the Association include, but are not limited to, a certain portion of a roadway commonly known as "Puerto Del Rio Drive", which portion of Puerto Del Rio Drive is more particularly described and depicted in Exhibit "A" attached hereto and made a part hereof by reference(hereinafter referred to as the"Roadway"); B. The Roadway runs adjacent to a riverfront park owned by the City commonly known as "Banana River Park" (hereinafter referred to as the "Park"), which Park is used by members of the Association and members of the public generally; C. The City desires to use the Roadway to provide certain public utilities to support the recreational uses of the Park, which utilities include, but are not limited to, lighting for the Park. And, the City desires that a public purpose be advanced in allowing the general public ingress to and egress from the Park via the Roadway; D. The Association (i) acknowledges that both the general public and the Association's members would benefit from the City bringing certain utilities into the Park, (ii)no longer desires to perform any maintenance or incur any liability with respect to the Roadway, and (iii) has the right and authority, through its Board of Directors acting by, for and on behalf of the members of the Association, to dedicate certain common elements including the Roadway to the City pursuant to this negotiated agreement as provided for in section 718.111 (7)and section 718.111(10), Florida Statutes; and E. The Association desires to dedicate and the City desires to accept the dedication of the Roadway on the terms and conditions as provided herein. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the parties hereto agree as follows: 1. Recitals. The recitals set forth hereinabove are true and correct in all respects and are incorporated herein by reference as if set forth herein verbatim. V0309561.2 2. Obligation to Convey Roadway. Association hereby covenants and agrees to convey the Roadway in the substantially same condition as it existed as of the effective date of this Agreement to the City on the Closing Date(as defined hereinbelow) for use by the City and the general public, including, without limitation, the Association and its members, on the terms and conditions as provided herein. 3. Future Maintenance of Roadway & Limited Indemnification. The City hereby covenants and agrees, from the Closing Date forward, to take full responsibility for keeping and maintaining the Roadway as a public street in accordance with the City's customary and ordinary standards for maintaining City public streets located with the City of Cape Canaveral and any such standards required by law. From the Closing Date forward, the Association will no longer be responsible for keeping and maintaining the Roadway. This Agreement shall not be construed or interpreted in any way as imposing any obligation on the City to keep and maintain the Roadway in any condition beyond the City's customary and ordinary standards and the requirements of applicable law. The City hereby further covenants and agrees to indemnify, defend, and hold harmless the Association, its successors and assigns, or any of them, from any and all claims, damages, costs, fees, expenses or other liabilities of any kind and at any level arising out of, related to, or resulting from the City's ownership or maintenance or failure of maintenance of the Roadway after the Closing Dale. However, this limited indemnification shall not be construed or interpreted in any way to include claims, damages, costs, fees, expenses or other liabilities of any kind and at any level arising out of, related to, or resulting from the Association's negligent or unlawful acts or omissions, or the Association's ownership or maintenance or failure of maintenance of the Roadway prior to the Closing Date. The Association hereby covenants and agrees to indemnify, defend, and hold harmless the City and its officials and employees, or any of them, from any and all claims, damages, costs, fees, expenses or other liabilities of any kind and at any level which were brought or could have been brought against the Association arising out of the Association's ownership or maintenance or failure of maintenance of the Roadway prior to the Closing Date. Neither party and its officers, employees or agents shall be deemed to assume any liability for the acts,omissions or negligence of any of the parties and their respective officers, employee or agents, except as provided by this Agreement. The maintenance and indemnification obligations contained in this paragraph shall survive and continue beyond the Closing Date. 4. Closing. (a) Closing Date. The closing of the conveyance of the Roadway from the Association to the City shall occur within 90 days of execution of this Agreement by the City and the Association (herein referred to as the "Closing Date"). The closing shall take place at a time and location mutually agreed upon by the Association and the City. (b) Closing Documents. At the closing, the Association shall deliver to the City a duly executed and acknowledged Special Warranty Deed conveying to the City fee simple title owned by the Association in and to the Roadway (hereinafter referred to as the "Deed"). The Deed will convey fee simple title to the Roadway to the City free and clear of all liens and encumbrances except for matters appearing of record and taxes which are not yet due and payable for 2016 (the "Permitted Exceptions"), reserving the 2 V0309561.2 right of ingress and egress on and over the Roadway for the general public including, without limitation, the Association and its members. At the closing, the Association and the City shall also execute and deliver a settlement statement for the closing, as well as such other documents as may be reasonably required by the parties. (c) Title Commitment. The Association has agreed to provide an owner's title policy insuring the Roadway in the name of the City. Within ten (10) days after this Agreement is approved and accepted by the City and the same is communicated to the Association, the law firm of Dean Mead, as issuing agent for Chicago Title Insurance Company, Fidelity National Title Insurance Company or other national title insurance company, shall provide to the City a commitment for an owner's title policy wherein the title insurer agrees to issue to the City, upon recording the deed conveying the Roadway, a fee owner's policy of title insurance insuring the Roadway in an amount not less than TEN THOUSAND AND NO/100 DOLLARS ($10,000.00). Concurrently with delivering the title commitment, the issuing agent shall deliver to the City a copy of each of the documents referred to in schedule 13-section 2 of the title commitment. Within ten (10) days after the City's receipt of any such title commitment, the City shall (a) examine such commitment and (b) notify the Association, in writing, of any matters shown in the title commitment affecting title to the Roadway (other than the Permitted Exceptions and standard exceptions) which render the title unmarketable or will otherwise materially adversely affect the City's purpose or use for the Roadway as that purpose or use has been indicated within this Agreement. The Association shall then have the right but not the obligation a period of thirty (30) days from the date of receipt of said notice from the City within which to attempt to cure the City's objections. If the Association is unsuccessful in curing or chooses not to cure the City's objections within that time period, the City shall either (a) accept title to the Roadway as title then exists without making or attempting to make any claim of offset or damages, or (b) terminate this Agreement. In the event of termination, both parties shall be released from any and all further obligations under this Agreement. Notwithstanding anything set forth herein to the contrary, any matters appearing on any survey acquired or any items referred to in schedule B-section 2 of the title commitment which are not objected to in writing within the time period provided hereinabove shall be deemed to constitute a Permitted Exception. (d) Payments and Costs. No consideration shall be due or payable by the City to the Association for the Roadway. The Association shall pay for the title insurance premium, Florida documentary stamp taxes due with respect to the Deed, and the fees and costs for recording any lien releases or satisfying any liens or encumbrances on the Roadway. The City shall pay the cost of recording the Deed. Each party shall pay its own attorneys' fees. Real property ad valorem taxes and assessments applicable to the Roadway, if any, shall be prorated as of the Closing Date, based on the current year's tax with due allowance made for the maximum allowable discount and applicable exemptions, if any, allowed for said year. If closing occurs at a date when the current year's millage is not fixed, and the current year's 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 3 V0309561.2 available, then taxes will be prorated based on the prior year's tax. If the subsequent tax bill is substantially more or less than the estimated tax upon which the proration at closing was based, such proration shall be readjusted upon the request of either party, and a statement to this effect shall be included in the closing statement. Any tax proration based on an estimate shall be subsequently readjusted upon receipt of the actual tax bill, and a statement to this effect shall be included in the dosing statement. If additional monies are due from the Association, such monies shall be promptly paid by the Association to the tax collector. If the Roadway, upon conveyance to the City, will be exempt from ad valorem taxation, then the prorated taxes shall be placed in escrow with the county tax collector or otherwise deposited in a manner consistent with applicable law, (e) Delivery of Possession. At closing, the Association shall deliver possession of the Roadway to the City by delivering the Deed. 5. Default. If the Association breaches any term, condition, covenant or obligation in this Agreement, and it does not cure such breach within ten (10) days after written notice of the breach from City, then the Association will be in default under this Agreement and the City may, at its option and as its sole and exclusive remedy, enforce specific performance of this Agreement; provided, however, if specific performance is not for any reason available as an enforceable remedy, the City may pursue damages or any other remedy at law or in equity. The City shall also be entitled to recover from the Association its reasonable attorneys' fees and court costs, at or before the trial level and in any appellate proceeding, incurred in connection with any suit for specific performance or other remedy occasioned by a default by the Association of its obligations hereunder. If the City breaches any term, condition or obligation in this Agreement, and it does not cure such breach within ten (10) days after written notice of the breach from the Association, then the City will be in default under this Agreement, and the Association may, at its option, and as its sole and exclusive remedy, enforce specific performance of this Agreement;provided, however, if specific performance is not available for any reason as an enforceable remedy, the Association may pursue damages or any other remedy at law or in equity, The Association shall also be entitled to recover from the City its reasonable attorneys' and paralegals' fees and court costs, at or before the trial level and in any appellate proceedings, incurred in connection with any suit for specific performance or other remedy occasioned by a default by the City of its obligations hereunder. 6. Miscellaneous. This Agreement or any provision hereof may be amended or waived only by written agreement signed by both parties. This writing constitutes the entire agreement between the parties and supersedes and merges all prior oral or written agreements, representations, statements, proposals and undertakings between the parties regarding the subject matter hereof. Nothing contained herein shall be construed to imply a partnership,joint venture, principal and agent or employer and employee relationship between the parties. No provision in this Agreement shall provide to any person not a party to this Agreement any remedy, claim or cause of action, or create any third-party beneficiary rights against either party. In the event that any one or more of the provisions in this Agreement shall for any reason be held to have no force and effect, this Agreement shall, if possible, be interpreted in a manner so as to effectuate the 4 V0309561.2 intention of the parties. Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. This Agreement is the subject of negotiation between the parties and should not be interpreted more favorably toward one party over the other. The terms and provisions of this Agreement shall bind, and inure to the benefit of, the parties hereto and their respective successors and assigns; provided, however, neither party may assign this Agreement without the prior written consent and approval of the other party. In connection with any litigation, including appellate proceedings, arising out of or under this Agreement, the prevailing party in such Iitigation shall be entitled to recover such party's out-of-pocket costs and reasonable attorneys' fees. This Agreement and the interpretation and enforcement thereof shall be governed by and construed in accordance with the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be Brevard County. Florida. 7. Sovereign Immunity. Notwithstanding any other provision of this Agreement, the City intends to avail itself of the benefits of Section 768.28 and of other statutes and common law governing sovereign immunity to the fullest extent possible. However, in no event will the City's liability under this Agreement exceed the sum of$200,000 per person or $300,000 per occurrence. Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and effective as of the day and year first above written. PUERTO DEL RIO CONDOMINIUM ASSOCIATION INC., a Florida non-profit William F. Bedwell Jr corporation. Pri t Name: William F. Bedwell Jr By: Sandra S. Gordon Name: Sandra S. Gordon Title: Pres; Puerto Del Rio Condo Assoc. Patti Roth Print Name: Patti Roth STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 16 day of SEPT 2016, Sandra Gordon Said person(check one) [unchecked] is personally known to me, X produced a driver's license(issued by a state of the United States within the last five(5) years)as identification,or [unchecked] produced other identification, to wit: --- Molly A. Thomas [notary public seal] Print Name: Molly Thomas Notary Public, State of F orida Commission No.: 118375 My Commission Expires: 4-30-18 5 V0309561.2 CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida Kim M. McIntire Print Name: Kim M. McIntire By: David L. Greene Name: David L. Greene Daniel LeFever Title: City Manager Print Name: Daniel LeFever STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 17th day of August, 2016, by David L. Greene , as City Manager of the CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida,on behalf of said City. Said person(check one) X is personally known to me, [unchecked] produced a driver's license(issued by a state of the United States within the list five (5) years) as identification, or [unchecked] produced other identification, to wit: n/a Mia Goforth Print Name: Mia Goforth Notary Public, State of Florida [notary public seal] Commission No.: EE 866939 My Commission Expires: May 16, 2017 6 V0309561.2 Exhibit "A" Legal Description and Depiction A strip of land being 50.00 feet in width lying to the right of, as measured by right angles to and parallel with the following described line being a portion of Section 15, Township 24 South, Range 37 East,Brevard County, Florida and being more particularly described as follows: Begin at the intersection of the East line of the plat of Angel's Isle as recorded in Plat Book 36, at Page 77, of the Public Records of Brevard County, Florida, and the North line of Central Boulevard,a 100.00 foot right of way, as described in Official Records Book 3057,at Page 445,of the Public Records of Brevard County, Florida; thence North 00 degrees 50 minutes 54 seconds West along the East line of said plat, 100.03 feet to the Northeast corner of said plat;thence North 89 degrees 24 minutes 45 seconds West,along the North line of said plat,204.31 feet to the West line of the East 3323.00 feet of said Section 15; thence North 00 degrees 50 minutes 54 seconds West, along said West line, 899.87 feet to the point of termination of said 50.00 foot strip of land. Said 50.00 foot strip of land being bound on the South by the North line of said Central Boulevard and on the North by the North line of the South 2685.38 feet of said Section 15. 7 V0309561.2 [Draft Revised Survey of Puerto del Rio Roadway] Attachment 2 MAP OF BOUNDARY SURVEY PREPARED FOR AND CERTIFIED TO: MATCH LINE , THE CITY OF CAPE CANAVERAL,FL O o l . , • , -----,i CENTERL IIVE OF , 15' 6"CB / DEAN MEAD WIDE WATERL INE„ ,, ,P\ pitERT0 DEL Rio coND.IN/bAi , &INGRESS/EGRESS ''',„,, ,,,, ',,,',.'\.,', - OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ,___•___,___)),,, 8954 PUEF?T0 DEL RIO/ OF C/L OF 10'WIDE s• -, 15 WIDE WATERL INE , : 124-37-15-00-00259.5.-0000,10 uTiL 1 Ty EsmTsE,TRB#4 '0,,,, . 9,, 0.1,1, I sToRm CATCH BASIN 1 CONT INUES NORTHERLY ET EL ER CA TI NRA/:1 PNO WPERI N TE S M 7- . c:::'Z'D 1 d/ RC EE RN T0E RR Bi-I4N9E 7::p0 04 8, E A S E4'9'Cr\E3j/1:L RP EOG RF G°4103B31 W I D E' II PER ORB 7596, PGS 1717-1725 L,1 ... 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Lu THE PUBLIC RECORDS OF BREVARD COUNTY,FLORIDA,LYING IN SECTION 15, , . 7 ESMT PER ORB 7596,PGS 1717-1725 1 1 : ss,, MORE PARTICULARLY DESCRIBED AS FOLLOWS: , --____•:-I,"Icz' ,i , , = pci E5E RN'T wE0 RR'Bpi-EI 4N9wE A78°T EF,'R'pi_GI NoE c'4'/8:3°F 111:::' , , , . z : ,,._i i ,, PUEF?T0 DEL F?I0 CONDOMINIUM , ' , , THENCE N89.27'20',ALONG THE NORTH L INE SAID ANGEL'S ISLE,A D ISTANCE OF 8914 PUERTO DEL RIO : a 204.31 FEET TO A POINT ON THE WEST LINE OF THE EAST 3323.00 FEET OF SAID , cl . 1 SECTION 15;THENCE N00.53/39,1 ALONG THE SAID WEST LINE,A DISTANCE OF LF'8 2 ,, 24-37-15-00-00262.F-0000.0 , , : 899.89 FEET;THENCE DEPARTING SAID WEST LINE N89.06/21,,A DISTANCE OF , 1 1/2”BACKFLOW 1 50.00 FEET;THENCE S00.53/39,PARALLEL WITH AND 50.00 FEET EAST OF THE "8 L,'R - \-• c2 . . 4r. ,V-PREVENTER I SAID WEST LINE,A DISTANCE OF 851.13 FEET TO A POINT 50.00 FEET,BY , i ,,,,,, &WATER METER , PERPENDICULAR MEASURE,NORTH OF THE NORTH LINE OF SAID ANGEL'S ISLE; C/L OF 10'WIDE ELECTR IC POWER 1 , i LTh n ESMT PER ORB 7596, PGS 1717-1725 , V) . 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E°P • 1 \--,PEF?ORB 7596,PGS 1717-1725 5 '•- R 1-1/211 BACKFLOW PREVENTER I -0-POWER POLE ®COMM MANHOLE 0 OAK TREE ®ELECTRI C MANHOLE 8 EREL,,, , wR oL—'.-1 fs IRON', N89.271201,204.31'(BEAR ING REFERENCIE L INE) = \50.001 Q_,15()i i , I NORTH L INE OF ANGEL'S ISLE pm,-oF BEGINNING V A TRANSFORMER ®STORM MANHOLE I POINT OF TEF?MINATION , 1 , .1 i ,PUERTO DEL RIO CONDOMINIUM (1 NE CORNER OF LOT 1, , , ' i t- ti-I 1 ,, 1 1 • L,J-j I ,*A' 1,,,CONCRETE LI GHT POLE e SANI TARY SEWER MANHOLE e MAPLE CABLE INGF?ESS/EGRESS ESMT : . 1 1 ANGEL'S ISLE ANGEL'S ISLE (2, .2j 8914 PUERTO DEL RIO LI Q , 0-0-WOOD LI GHT POLE 0 UNKNOWN MANHOLE A. PINE TREE , POINT OF BEGINNING , 0-0-METAL LI GHT POLE .C.,FI RE HYDRANT dt,PALM TREE PLAT BOOK 3,PAGE 77 PER PB 36'PG 77 I-6': : (.5 , '1 ' 1 24-37-15-00-00262.F-0000 D ' - L'-q2'2,11 ', 1 ' , 0-FI BERGLASS LI GHT POLE ,CD BLOW OFF rr,TREE LINE EQUIPMENT ESMT SET#4 REBAR&CAP v) ,-) LTJ • ; ,,.' ,,,I I ,CONCRETE UTI LI TY POLE .SPRI NKLER W -U/G WATER OF?B 46I6,PAGS 3608-3611 LOT 2 ' MD:LS 5117) !--L_(.,,, : . Z, i \ I R , 0 METAL UTI LI TY POLE ,,,WATER GATE C -U/G COMM 802 W.CENTRAL LOT I „.2 le- I i 2,Z ,'-'\ \ \ 21 M 1 A Mi C U. CABIN;°M/FGRCE°SAISM/EENGCREEMSESNTESMT , , 'ff DECOR,'VE LI GHTI NG .SEWER GATE E ,/G ELECTRIC , 1 -GUY WI RE ,I REUSE GATE R -U/G REUSE WATER BOULEVARD 800 W.CENTRAL EQUIPMENT ESMT : LOT 3 I-u p. I'I CU' '8 1 ‘, MD:PLS ORB 4616,PGS 3608-3611 , , =UTI LI TY PANEL E>,GAS GATE U -U/G UNKNOWN UTI LI TY BOULEVARD SET 1,RDE:Brs(S.5`iCiti.:T'1_' ,i'LTJ (i) I, \ ili 5117) : n lin LI TY RI SER ®WATER METER G ,/G GAS 804 W.CENTRAL 10/WIDE UTILITY ESMT , S57.481221,13.96' _ = ---(11- ,, , i , ; M TELEPHONE BOX I,MAI LBOX •SS U/G SANT TARY SEWER BOULEVAF?D SET#4 REBAR&CAP ....; i N89.271201, i \ I ORB 4585,PGS 0094-0096 : , , j 0)TV CABLE BOx ED GUARD POsT 7 GAS LI NE MARKER •30.35' ' 1 , 1 I i i ii ©GAS MET. :::CONCRETE 7 COMM LI NE MARKER •. T , 5 W 14. Ft I GHT OF WAY N8,27,20, / E FI B.OPTI C RI SER -c)-S,. 7 ELECTRI C LI NE MARKER , ',. ri,,,„11. ,,,\ : 0 TRAFFI C HANDHOLE -(7-'7-2 POST SI GN 9. SANI TARY SEWER LI NE MARKER -- , •,-, n „..,<; ,,, E ELECTRIC HANDHOLE ...UNDARY C.T.1- lc, FIBEROPTIC LINE MARKER PROJECT BENCH MARK . ,.: \---i - V' S(EIDT:#1_4S 5117) cENTERL'NE oF , f ANTENNA RIGHT OF WAY L N89.2,20,,, 4'S/I,V. \ e SANITARY CLEANOUT 1. 15'WIDE WATERLINE ',-- - , 2'MI AMI_,,,e 'STOP' &INGRESS/EGRESSEASEMENT , CENTERLINE OF CENTRAL BOULEVARD LIFT STATION CURB PER ORB 4978,PG 0483 i .\. SI GNATURES DATE ORB 782,PGS 146-150 1 __________________________ _(AKA WEST CENTRAL BOULEVARD, CENTEF?LINE OF CENTRAL BOULEVARD k-, , „ , (50'RIGHT OF WAY) (100'RIGHT OF WAY) .,. DRAWN: DJK 1 2/27/1 6 .. (PER ORB 3057,PG 445) F ,.. CHECKED.KKW 12/27/16 CHECKED: MJF 12/27/16 SURVEYOR'S NOTES: POINT OF BEGINNING ,,, Ft IGHT OF WAY '" S8927'20E ., , CABLE INGF?ESS/EGRESS ESMT ‘, SURVEYOR:DJK 1 2/27/1 6 1. THE PURPOSE OF THIS SURVEY IS TO PROVIDE A BOUNDARY SURVEY OF THE PUERTO DEL RIO ROAD. : V, ' . .\ 2.FLOOD ZONE'X'PER FLOOD INSURANCE RATE MAP 12009C0363G,DATED MARCH 17,2014. ,T :'' OF?B 46I6,PGS 3608-3611 10'WIDE UT ILITY ESMT , 3.RESOLUTION NO.2001-37 OFFICIALLY NAMES PUERTO DEL RIO DRIVE,CITY OF CAPE CANAVERAL,FL. i. .. ADDED WATERLINE&INGRESS/EGRESS ORB 4585,PGS 0094-0096 , 4.SUBJECT TO ANY EASEMENTS AND RIGHTS OF WAY OF RECORD. THOSE EASEMENTS PROVIDED BY CLIENT& R IGHT OF WAY \''' ,892,20E .. EASEMENT TO DRAWING AND ADDED , . SHOWN ARE CABLE INGRESS/EGRESS EASEMENT&EQUIPMENT(BELLSOUTH)EASEMENT PER ORB 4616, L'E).,- .'. . RESOLUTION NO 2001-37 AND BRIGHT \ PGS 3608-3611, 10.0 FOOT WIDE UTILITY(FPL)EASEMENT PER ORB 4585,PGS 0094-0096, 10' .\ HOUSE NETWORKS EASEMENT TO •'1_:, ,_,. SURVEYORS NOTES. 10/03/18 ELECTRIC POWER EASEMENT(CITY UTILITY)PER ORB 7596,PGS 1717-1724,WATERLINE EASEMENT AND INGRESS/EGRESS EASEMENT PER ORB 4978,PG 0483, AND CITY INGRESS AND EGRESS EASEMENT ,,, 1 , 1 \ REvISIONS DATE PER ORB 4017,PG 564. LIFT STATION,ORB 782,PGS 146-150,AS NOTED IN ANGEL ISLE, ABBREVIATIONS MATCH LINE PLAT BOOK 36,PAGE 77 AND SURVEY OF PUERTO DEL RIO CONDOMINIUM,ORB 5768,PG 6717, AS PROVIDED BY CLIENT. EASEMENT PROVIDED BY THE CLIENT,NOT SHOWN BUT ACKNOWLEDGED, STMH STORM MANHOLE SURVEYOR'S CERTI FI CATE BOUNDARY SURVEY SSMH SANITARY SEWER MANHOLE I HEREBY CERTIFY THAT THE SURVEY DEPICTED HEREON BRIGHT HOUSE NETWORKS,LLC SUCCESSORS AND ASSIGNS,A NON-EXCLUSIVE BULK CABLE SERVICE N&D NAIL&DISK KUGELMANN LAND FOR IS TRUE AND MEETS THE MINIMUM TECHNICAL STANDARDS &RIGHT OF ENTRY AGREEMENT,FOR SERVICES DELIVERED OVER THE SYSTEM TO AND FROM THE EL ELEVAT ION SURVEYING,INC. PUERTO DEL RIO PROPERTY,PER ORB 704,PG 2173. EOP EDGE OF PAVEMENT SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL S/W SIDEWALK 30 NORTH TROPICAL TRAIL SURVEYORS&MAPPERS IN CHAPTER 5J-17.051, FLORIDA SECTION 15.TOWNSHIP 24 SOUTH,RANGE 37 A BEAR I NG OSOD 50'54'E. E 5.BEARINGS DEPICTED HEREON ARE BASED ON THE EAST LINE OF LOT 1,ANGEL'S ISLE,PLAT BOOK 37, CBS CONCRETE BLOCK STRUCTURE SUITE B GRAPHIC SCALE ADMI NI STRATI VE CODE, PURSUANT TO SECTI ON 472.027, BREVARD COUNTY,FL PAGE 77 HAV I NG F ° ID IDENTIF[CATION 6. THIS SURVEY WAS PERFORMED WITH THE BENEFIT OF THE OLD REPUBLIC NATIONAL TITLE INSURANCE AKA ALSO KNOWN AS MERRITT ISLAND, 1,61,6,6,61 30 60 FLORIDA STATUTES° C/L CENTERL INE FLORIDA 32953 ,IN FEET) COMPANY POLICY FILE NO. 16103629 ABE,AGENT FILE.032781-059227. ORB OFF IC IAL RECORDS BOOK 1.CH =30 FEET FI ELD DATE. 1 2/27/1 6 7.UNDERGROUND FOUNDATIONS AND/OR UTILITIES NOT LOCATED AT TIME OF SURVEY. PG(S) PAGE(S) (321)459-0930 FI ELD BOOK.SEE FI LE 8. THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE CLIENT(S)SHOWN Ft-O-W R IGHT OF WAY L.B.NO.6575 DAVID J. KUGELMANN P.L.S. NO. 5117 ESMT EASEMENT STATE OF FLORI DA DRAWI NG NO. V7_201 611 7.DGN HEREON AND COPIES ARE VALID ONLY WHEN SIGNED,DATED AND EMBOSSED WITH THE A/G ABOVEGROUND SURVEYOR'S SEAL. NOT VALI D UNLESS SI GNED, DATED AND STAMPED WI TH EMBOSSED SEAL pRojEoT No. 20,Gil 7 sHEET i oF 1 Attachment 3 This instrument prepared by: Laura Minton Young,Esq. Dean Mead 7380 Murrell Road, Ste. 200 Viera,Florida 32940 LANDSCAPE,DRAINAGE AND UTILITY EASEMENT AGREEMENT THIS LANDSCAPE,DRAINAGE AND UTILITY EASEMENT AGREEMENT(this"Easement") is made as of October , 2018 (the "Effective Date") by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation("Grantor"),and PUERTO DEL RIO CONDOMINIUM ASSOCIATION,INC.,a Florida not-for-profit corporation("Grantee"). RECITALS WHEREAS,Grantor is the owner of that certain real property located in Brevard County,Florida,and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"and"Easement Area"); and WHEREAS,Grantor desires to grant to Grantee an easement over the Property for landscape,drainage and utility purposes that do not conflict with the City's right-of-way, as more particularly set forth below. AGREEMENT NOW THEREFORE, in consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration,the sufficiency and receipt of which are hereby acknowledged by the parties,Grantor and Grantee hereby agree as follows: 1. Recitals: The above recitals are true and correct and incorporated into this Easement by this reference. 2. Grant of Easement: Grantor hereby grants a perpetual,non-exclusive easement over,under, and across the Easement Area to Grantee for landscape, drainage, and utility purposes. The foregoing perpetual,non-exclusive easement over and across the Easement Area shall include a perpetual,non-exclusive easement for ingress and egress over,upon and across the Easement Area so as to provide access to and from the Easement Area for the full use and benefit thereof The easement rights referenced hereinabove shall specifically include the rights in favor of Grantee to (i) plant, mow, cultivate, relocate, irrigate, maintain, replace, and care for all existing landscaping and associated features within the Easement Area, and (ii) construct,maintain,replace,improve,relocate and repair existing underground utilities(together with ground- mounted electrical transformers;ground-mounted appurtenances to underground utilities such as valve boxes, CATV junction boxes and other similar low-profile installations) and existing underground drainage improvements within the Easement Area;provided,however,that such plantings and installations within the Easement Area shall not unreasonably affect Grantor's ability to maintain the Easement Area for public right- of-way and utility purposes or the visibility of Grantor's improvements hereafter located on the Property. If Grantee desires to install any new landscaping and associated features, underground utilities or drainage facilities within the Easement Area after the effective date of this Easement, such installation shall be in accordance with plans and specifications approved and permitted by the Grantor in advance and in writing by Grantor, which approval shall not be unreasonably withheld, conditioned or delayed unless the proposed Page 1 of 8 V0408125.v2 installation unreasonably affects Grantor's ability to maintain the Easement Area for public right-of-way and utility purposes. The easements with respect to the Easement Area are non-exclusive, and Grantor and its assigns and successors-in-interest and/or title, shall have the non-exclusive right to (i) use, pass and repass over and upon the Easement Area, to install, maintain, repair, replace, remove and/or relocate utilities in, over, under, upon and/or across the Easement Area or any part thereof; provided, however, that any utilities installed, repaired, replaced and/or relocated in, over, under, upon or across the Easement Area shall be so installed, repaired, replaced and/or relocated so not to unreasonably affect Grantee's existing landscape, drainage and utilities. Each party shall use the rights granted and reserved by this Easement with respect to the Easement Area with due regard for the rights of the other party to use and enjoy the Easement Area. Moreover, Grantee hereby agrees to use the easement rights granted herein so as not to unreasonably interfere with the conduct of Grantor's activities on and about the Property. Further, Grantor shall not (i) destroy, damage or remove any landscaping, trees, grass, plants or plant materials which may be placed by Grantee within the Easement Area, or (ii) unreasonably obstruct, impede or interfere with the rights of Grantee as to the Easement Area and Grantee's rights of ingress and egress thereto. 3. Maintenance and Insurance: During the term of this Easement,Grantee shall be responsible, at its sole expense, for maintaining, repairing, and replacing (the foregoing being referred to herein as "maintenance-related activities")any and all existing or future improvements installed by Grantee within the Easement Area. To the extent Grantee fails to perform such above-referenced maintenance-related activities and fails to commence such activities within fourteen(14)days following Grantor's written notice thereof to Grantee, Grantor shall have the right, but not the obligation, to perform such unperformed maintenance- related activities at Grantee's expense and receive a reimbursement of such expense(as evidenced by payment receipts for such expenses) within thirty (30) days after making a written request to Grantee for reimbursement. Notwithstanding the foregoing, in the event of an emergency situation, Grantor shall have the right to perform emergency maintenance-related activities within the Easement Area if such maintenance- related activities are not commenced by Grantee within twenty-four (24) hours following Grantor's written notice thereof to Grantee, and Grantor shall be entitled to a reimbursement of its reasonable expenses incurred in connection therewith (as evidenced by payment receipts for such expenses) within thirty (30) days after making a written request to Grantee for reimbursement. Any amounts due to Grantor pursuant to this Easement which are not paid when due shall accrue interest at the maximum allowable rate under Florida law from the date due until paid in full by Grantee. Prior to Grantee's entry upon the Easement Area pursuant to the terms of this Easement, Grantee shall obtain, or shall cause its general contractor to obtain, general liability insurance to afford protection against any and all claims for bodily injury, death or property damage arising directly or indirectly out of Grantee's use of the Easement Area,and deliver a Certificate of Insurance for such insurance coverage to Grantor. Such insurance policies shall (i) be provided by an insurance company duly authorized to provide insurance coverage in the State of Florida and having an A.M. Best rating of at least B+, (ii)be in an occurrence limit of not less than $1,000,000.00 and in the aggregate of not less than $2,000,000.00, and (iii) provide for Grantor to be named as an additional insured party. Grantee shall deliver an up-to-date Certificate of Insurance for such insurance coverage to Grantor upon Grantor's request. 4. Damage: In the event that Grantee or its respective officers, directors, employees, agents, consultants, materialmen, contractors or subcontractors (and their subcontractors, employees,materialmen) Page 2 of 8 V0408125.v2 cause damage to the Easement Area or any of the improvements located within the Easement Area,or cause damage to the Property or any improvements located thereon, Grantee, at Grantee's sole cost and expense, agrees to commence and diligently pursue the restoration of the same and the improvements and/or Property so damaged to the original condition and grade, including, without limitation, repair and replacement of any landscaping, hardscaping, plantings, ground cover, roadways, driveways, sidewalks, parking areas, fences, walks,utility lines and other structures or improvements,within thirty(30)days after receiving written notice of the occurrence of any such damage. If Grantee fails to repair or restore such damage within the such cure period, Grantor shall have the right, but not the obligation, to repair or restore such damage at Grantee's expense and receive a reimbursement of its reasonable expenses incurred in connection therewith(as evidenced by payment receipts for such expenses)within thirty(30)days after making a written request to Grantee for reimbursement. 5. Compliance with Applicable Laws: In connection with Grantee's use of the Easement Area, Grantee shall comply with all applicable laws,ordinances,rules,regulations,permits and approvals relating to such use ("Laws"). If Grantee is deemed to be in violation of any Laws by an applicable governmental authority, it shall provide written notice thereof to Grantor. If Grantee is deemed to be in violation of any Laws. Grantee shall cure such violation within thirty(30) days after the imposition of such violation by the applicable governmental authority(or,if such violation cannot be reasonably cured within such 30-day period, then such violation must be cured within a commercially reasonable period after the imposition of such violation by the applicable governmental authority), unless such violation is required to be cured within a shorter timeframe by the applicable government authority imposing the violation,in which case,such shorter cure period shall apply(such applicable cure period being referred to herein as the"Cure Period"). If Grantee fails to cure any violation of Laws within the applicable Cure Period,Grantor shall have the right,but not the obligation,to cure such violation at Grantee's expense and receive a reimbursement of its reasonable expenses incurred in connection therewith(as evidenced by payment receipts for such expenses)within thirty(30)days after making a written request to Grantee for reimbursement. 6. Indemnity: Grantee shall hold harmless,defend,and indemnify Grantor from and against any and all actions, causes of action, claims, demands, liabilities, judgments, costs, expenses whatsoever (including,without limitation attorneys' fees at trial and appellate levels)arising directly or indirectly from, due to,or caused by the activities of Grantee or Grantee's respective officers, directors, employees, agents, consultants, materialmen, contractors or subcontractors (and their subcontractors, employees,materialmen) within or upon the Easement Area, except to the extent caused directly or indirectly by the negligence or willful act of Grantor or Grantor's corporate affiliates or their respective officers,directors,employees,agents or contractors. Subject to Grantor's right to sovereign immunity under Section 768.28,Florida Statutes,and other limitations imposed on the Grantor's potential liability pursuant to law, Grantor shall hold harmless, defend, and indemnify Grantee from and against any and all actions, causes of action, claims, demands, liabilities,judgments, costs, expenses whatsoever (including,without limitation attorneys' fees at trial and appellate levels)arising directly or indirectly from,due to,or caused by the activities of Grantor or Grantor's respective officers,directors,employees,agents,consultants,materialmen,contractors or subcontractors(and their subcontractors,employees,materialmen)within or upon the Easement Area,except to the extent caused directly or indirectly by the negligence or willful act of Grantee or Grantee's corporate affiliates or their respective officers,directors,employees,agents or contractors. Nothing contained herein shall be construed as a waiver of Grantor's right to sovereign immunity under section 768.28,Florida Statutes. 7. No Liens: Grantee shall not allow any liens to be filed against the Easement Area or Property which arise out of the exercise of Grantee's rights hereunder. If any lien is filed against the Easement Area or Property, Grantee shall immediately satisfy the lien at its sole cost and expense or transfer the lien to other Page 3 of 8 V0408125.v2 security in accordance with applicable law. In no event shall Grantor be responsible for satisfying any lien which may be filed against Easement Area or Property by virtue of the exercise of Grantee's rights hereunder. Grantee shall notify every contractor, subcontractor and materialman performing any work and supplying any materials to or within the Easement Area that the rights granted to Grantee pursuant to this Easement shall not be subject to liens for improvements to or other work performed by or on behalf of Grantee 8. Notices: Any notice, request, demand, instruction or other communication (hereinafter referred to as a"Notice")to be given to any party with respect to this Easement may be given either by the party or its legal counsel and shall be deemed to have been properly sent and given when delivered by hand or when sent by certified mail, return receipt requested, by reputable courier service, or by email. If delivered by hand,a Notice shall be deemed to have been sent,given and received when actually received by the addressee. If sent by certified mail,a Notice shall be deemed to have been sent and given when properly deposited with the United States Postal Service with the proper address and postage paid therewith,and shall be deemed to have been received on the third(3rd)business day following the date of such deposit,whether or not actually received by addressee. If sent by courier service, a Notice shall be deemed to have been sent and given when delivered to said courier service with the proper address and delivery charges either prepaid or charged to a proper account, and shall be deemed to have been received when actually received by the addressee. If sent by email, a Notice shall be deemed to have been sent, given and received on the date delivered by email,with a copy sent by overnight delivery, as evidenced by written receipt therefor or email confirmation of delivery whether or not actually received or opened by the person to whom addressed. Any party may change the address to which notices are to be sent to such party by sending a Notice to each other party specifying such change of address. The addresses to which Notices shall be sent are: To Grantor: City of Cape Canaveral Attn: City Manager 100 Polk Avenue Cape Canaveral,. Florida 32920 Email Address: d.greene@cityofcapecanaveral.org With a copy to: Garganese,Weiss, D'Agresta& Salzman, P.A. . Attn: Anthony Garganese, Esq. 111 N. Orange Avenue, Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Email Address: agarganese@orlandolaw.net To Grantee: Puerto Del Rio Condominium Association, Inc. 8934 Puerto Del Rio Drive Cape Canaveral,Florida 32920 Attn: Sandra Gordon, President Email Address: sspdr@att.net With a copy to: Dean, Mead 7380 Murrell Road, Suite 200 Viera, Florida 32940 Attn: Laura Minton Young, Esq. Email Address: LYoung@deanmead.com Page 4 of 8 V0408125.v2 If any party hereto is represented by legal counsel, such legal counsel is authorized to deliver any Notice directly to the other party on behalf of his or her client,and the same shall be deemed proper notice hereunder if delivered in the manner specified above. If any party designates more than one recipient for Notices,and, pursuant this Easement, a Notice is received or deemed to have been received by different recipients at different times, then the Notice shall be deemed to have been given on the earliest date that any required recipient received such Notice. 9. Covenants Running with the Land: The terms of this Easement are covenants running with the land and shall be binding upon the successors in interest and assigns of Grantor and Grantee. 10. Governing Law: The provisions of this Easement shall be governed by Florida law. The parties agree that venue shall be exclusively in Brevard County,Florida,for all State Court Actions or disputes which arise out of or based upon this Easement, and in Orlando, Florida for all Federal Court actions or disputes which arise out of or are based upon this Easement. In the event of a dispute between Grantor and Grantee relating to this Easement, each party shall bear their own attorney's fees and costs.. 11. Miscellaneous: This Easement contains the entire understanding of the parties with respect to the matters set forth herein and no other agreement, oral or written, not set forth herein, nor any course of dealings of the parties, shall be deemed to alter or affect the terms and conditions set forth herein. If any provision of this Easement,or portion thereof,or the application thereof to any person or circumstances,shall, to the extent be held invalid,inoperative or unenforceable,the remainder of this Easement,or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby,and each provision of this Easement shall be valid and enforceable to the fullest extent permitted by law. The section headings in this Easement are for convenience only,shall in no way define or limit the scope or content of this Easement,and shall not be considered in any construction or interpretation of this Easement or any part hereof Where the sense of this Easement requires,any reference to a term in the singular shall be deemed to include the plural of said term,and any reference to a term in the plural shall be deemed to include the singular of said term. Time is of the essence of this Easement. 12. Counterparts: This Easement may be executed by Grantor and Grantee in counterparts. [SIGNATURES OF GRANTOR AND GRANTEE ARE ON THE FOLLOWING PAGES] Page 5 of 8 V0408125.v2 IN WITNESS WHEREOF,the Grantor has caused this instrument to be executed in its name, and its corporate seal to be hereto affixed,by its proper officer thereunto duly authorized on the day and year first above written. GRANTOR: CITY OF CAPE CANAVERAL, a Florida municipal corporation ATTEST: By: By: Mia Goforth, City Clerk Bob Hoog, Mayor (CITY SEAL) STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of October, 2018, by Bob Hoog, Mayor of the CITY OF CAPE CANAVERAL, a Florida municipal corporation, on behalf of said City. Said person (check one) ❑ is personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: [SIGNATURE OF GRANTEE IS ON THE FOLLOWING PAGE] Page 6 of 8 V0408125.v2 Signed, sealed and delivered GRANTEE: in the presence of: PUERTO DEL RIO CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation. Print Name: By: Name: Title: Print Name: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of October, 2018, , as of PUERTO DEL RIO CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation, on behalf of said corporation. Said person (check one) ❑ is personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: Page 7 of 8 V0408125.v2 Exhibit"A" Description of the Property and Easement Area Page 8 of 8 V0408125.v2 Attachment 4 AGREEMENT REGARDING AMENDMENT OF AGREEMENT TO DEDICATE ROADWAY THIS AGREEMENT REGARDING AMENDMENT OF AGREEMENT TO DEDICATE ROADWAY (this "Amendment") is made and entered into and made effective as of the day of October, 2018 by and between PUERTO DEL RIO CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation (hereinafter referred to as the "Association"), and the CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida(hereinafter referred to as the "City"). RECITALS: A. Association and City entered into that certain Agreement to Dedicate Roadway dated September 16, 2016, which agreement has been amended twelve (12) subsequent times in writing by the parties to effectuate successive extensions of the date of closing (such original agreement together with each of its subsequent amendments, collectively, the "Agreement"); B. Association and City have agreed, as a matter of mutual convenience, to amend the title of the Agreement and certain of its recitals to clarify the parties' intentions with respect to engaging in the transaction. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals; Defined Terms. The recitals set forth hereinabove are true and correct in all respects and are incorporated herein by reference as fully as if set forth herein verbatim. Whenever defined terms are used in this Amendment, as indicated by the initial capitalization thereof, such defined terms shall, if not otherwise defined in this Amendment, have the meaning set forth in the Agreement. 2. Amendment of Title. To clarify the parties' intentions, the Agreement's title is hereby deleted, amended, and restated to read as follows: "Agreement to Convey Roadway in Lieu of Condemnation". 3. Amendment to Recitals. To clarify the parties' intentions, the Agreement's recital "E"is hereby deleted, amended, and restated to provide as follows: "Although the City has the power and authority to condemn the Roadway and acquire title to the same through the exercise of its power of eminent domain, the Association and the City have opted to effectuate a conveyance of the Roadway in lieu of such eminent domain proceedings. The Association desires to make such conveyance, and the City desires to accept such conveyance, on the terms and conditions as provided herein." Page 1 of 2 O2194958.v2 IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day and year first above written. Signed, sealed and delivered in the presence of: PUERTO DEL RIO CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation By: Print Name: Name: Title: Date: Print Name: CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida By: Print Name: Name: Title: Date: Print Name: Page 2 of 2 O2194958.v2 Attachment 5 Prepared by: Anthony A. Garganese,Esq. City Attorney 111 N. Orange Ave., Suite 2000 Orlando, FL 32801 Return to: Laura Young, Esq. 7380 Murrell Road, Suite 200 Viera, Florida 32940 ESTOPPEL LETTER PUERTO DEL RIO CONDOMINIUM ASSOCIATION, INC. On behalf of the PUERTO DEL RIO CONDOMINIUM ASSOCIATION, INC., ("Association") the CITY OF CAPE CANAVERAL, a governmental body, which, pursuant to Section 718.111, Florida Statutes, is accepting a conveyance in lieu of condemnation by eminent domain of the real property more particularly described on the attached Exhibit"A"("Property"), which Property will be used for a public purpose, will not be subject to the use restrictions, assessments, and possible liens created by and set forth in the Declaration of Condominium for Puerto Del Rio, Phase One, a Condominium, recorded in O.R. Book 4789, Page 3834, et seq., as amended, in the Public Records of Brevard County, Florida, ("Declaration") pursuant, in part, to Ryan v. Town of Manalapan, 414 So.2d 193 (Fla. 1982). However,the Association acknowledges and agrees that the Association, to the extent the Association has an easement and improvements under, over and upon the Property, shall remain subject to the Declaration for purposes of maintaining its interests, obligations and liabilities affecting the Property. Dated this day of , 2018. PUERTO DEL RIO CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation By: Print Name: Title: President Address: 8934 Puerto Del Rio Drive Cape Canaveral, FL 32920 O2191404.v1 ATTEST: By: Print Name: Title: Secretary (SEAL) STATE OF FLORIDA ] COUNTY OF BREVARD ] I HEREBY CERTIFY,that on this day of , 2018 personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, as of PUERTO DEL RIO CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation, who is [] personally known to me or [] produced a current or valid driver's license or other sufficient identification to wit: and she acknowledged before me that she executed the same freely and voluntarily for the purpose therein expressed. Print Name: Commission Expires: Commission No. 2 O2191404.v1 EXHIBIT "A" 3 02191404 v [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 Item No. 8 Subject: Ordinance No. 10-2018; 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, 2017, and ending September 30, 2018; providing for the repeal of prior inconsistent ordinances and resolutions and an effective date, first reading. Department: Administrative Services Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 10-2018 (Attachment) is presented for adoption. Exhibit "A"to the Ordinance details the revenues and expenditures pertaining to the Starting Budget,Budget Transfers,Year-end Budget Adjustments and concludes with the 2018 Ending Budget. The revenues and expenditures have been adjusted to reflect what Staff believes to be the final Budget. This shows revenue that has exceeded estimates or was under-realized. Exhibit "B" shows a complete Budget Adjustment Detail sequentially numbered by Account/Department. As with past years,the Comprehensive Annual Financial Report(CAFR) will provide the actual expenditures for this budget year. It is anticipated that the FY 2017/18 Estimated Ending Fund Balances as compared to the Budget are as follows: General Fund $420,475 Special Revenue Fund $272,477 Capital Projects Fund - Wastewater Enterprise Fund $717,110 Stormwater Enterprise Fund $4,405 This is the first reading of Ordinance No. 10-2018. Submitting Department Director: John DeLeo Date: 10/5/18 Attachment: Ordinance No. 10-2018 with Exhibits "A" and"B". Financial Impact: No additional financial impact is experienced through the formal adoption of the Budget Adjustments and Amendments.However,the financial impact of each Adjustment or Amendment is recorded at the face value of the Amendment. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/5/18 The City Manager recommends that City Council tak the following action: Approve Ordinance No. 10-2018, first reading. Approved by City Manager: David L. Greene Date: 10/5/18 ORDINANCE NO. 10-2018 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 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 1,2017,AND ENDING SEPTEMBER 30,2018;PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS AND AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached hereto as Exhibit"A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1,2017, and ending September 30,2018, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day , 2018. Bob Hoog, Mayor ATTEST: FOR AGAINST Mike Brown Mia Goforth, CMC, City Clerk Bob Hoog Wes Morrison Rocky Randels Approved as to Form: Angela Raymond Anthony A. Garganese, City Attorney First Reading: 10/16/2018 Legal Ad Published: Second Reading: Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2018 FY 2017-2018 GENERAL FUND FY 2018 FY 2018 FY 2018 FY 2018 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 701,650 $ - $ 632,515 1,334,165.00 Cash Forward-Trans Impact Fees - - - - Cash Forward-R&R 246,000 - (246,000) - Ad Valorem Taxes 4,274,545 - 89,575 4,364,120 Local Option Gas Tax 340,919 - (62,984) 277,935 Franchise Fees 828,652 - (185,246) 643,406 Utility Taxes 1,245,848 - (233,174) 1,012,674 Communications Service Tax 447,498 - (77,468) 370,030 Permits&Licenses 260,850 - 146,274 407,124 Impact Fees 1,400 - 440 1,840 Long Point Road Estuary Rehab 139,000 State Grants 50,000 - (50,000) - State Shared Revenue 926,147 - (71,157) 854,990 Local Shared Revenue 128,000 - - 128,000 Charges for Services 30,510 - 21,435 51,945 Garbage&Recycling Revenue 1,119,520 - (122,643) 996,877 Recreation Fees 68,775 - 6,954 75,729 Fines&Forfeitures 17,800 - (13,189) 4,611 Interest Income 66,260 - 83,412 149,672 Fire Hydrant Rental Fee 71,430 - (5,034) 66,396 Miscellaneous Revenue 109,380 - 4,668 114,048 Transfer from School Guard Crossing Fund 2,385 - - 2,385 Transfer from CC Redevelopment Fund 689,203 - 495 689,698 Contribution from Wastewater Fund 681,359 - 0 681,359 Contribution from Stormwater Fund 19,566 - - 19,566 Other Sources Loan Proceeds - - TOTAL REVENUES $ 12,466,697 $ - $ (81,126) $ 12,246,571 EXPENDITURE Legislative $ 43,413 $ - $ (5,396) $ 38,017 Administrative Services 453,579 12,000 $ (53,802) 411,777 Community Development 201,989 $ (8,584) 193,405 Protective Services 2,674,926 $ 9,263 2,684,189 Fire/Rescue Services 2,056,338 $ (4,713) 2,051,625 Building&Code Enforcement 404,842 $ (28,576) 376,266 Infrastructure Maintenance 1,101,506 51,075 $ (134,685) 1,017,896 Economic Development 143,370 $ (11,230) 132,140 Leisure Services 634,511 11,750 $ (88,934) 557,327 Community Engagement 134,522 17,500 $ (78,541) 73,481 Legal Services 210,125 $ 14,285 224,410 Solid Waste 1,119,748 - $ (42,132) 1,077,616 Debt Service 1,236,925 - $ 57,768 1,294,693 Non-Departmental 1,208,787 49,850 $ 434,617 1,693,254 Transfer to Community Redevelopment Agency 400,000 - $ (400,000) - Transfer to Capital Construction Fund - - Transfer to Wastewater Enterprise Fund - - - Transfer to N Atlantic Ave Improvement Fund - - - Contingency 438,254 (142,175) 263,396 420,475 TOTAL EXPENDITURES $ 12,462,835 $ 0 $ (77,264) $ 12,246,571 Excess of Revenues Over/(Under)Expenditures $ (0) Page 1 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2018 FY 2017-2018 POLICE EDUCATION FUND FY 2018 FY 2018 FY 2018 FY 2018 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Police Education Income $ 864 $ - $ 89 $ 953 Interest Income 180 - $ 12 192 TOTAL REVENUES $ 1,044 $ - $ 101 $ 1,145 EXPENDITURE Education&Training $ - $ - $ - $ - Contingency 1,044 - 101 1,145 TOTAL EXPENDITURES $ 1,044 $ - $ 101 $ 1,145 Excess of Revenues Over/(Under)Expenditures $ - FIRE PROTECTION FUND FY 2018 FY 2018 FY 2018 FY 2018 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward R&R $ - $ - $ - Interest Income 132 (34) 98 Impact Fees - - - - Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 132 $ - $ (34) $ 98 EXPENDITURE Transfer to GF $ - $ - Contingency 132 - (34) 98 TOTAL EXPENDITURES $ 132 $ - $ (34) $ 98 Excess of Revenues Over/(Under)Expenditures $ - SCHOOL CROSSING GUARD FUND FY 2018 FY 2018 FY 2018 FY 2018 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 824 $ - $ - $ 824 Parking Fine Surcharge 1,500 - $ (577) 923 Interest Income 61 - $ (61) - TOTAL REVENUES $ 2,385 $ - $ (638) $ 1,747 EXPENDITURE Transfer to General Fund $ 2,385 $ - $ - $ 2,385 Contingency - - (638) (638) TOTAL EXPENDITURES $ 2,385 $ - $ (638) $ 1,747 Excess of Revenues Over/(Under)Expenditures $ - Page 2 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2018 FY 2017-2018 LIBRARY FUND FY 2018 FY 2018 FY 2018 FY 2018 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ - Ad Valorem Taxes $ 68,512 $ - $ 1,329 $ 69,841 Ad Valorem Tax Delinquent 50 - $ 101 151 Tax Penalty Income 60 - $ 33 93 Interest Income 4,800 - $ (797) 4,003 Interest-Library Impact Fees - - $ - - Interest-Tax Collections 35 - $ 168 203 Net Increase(decrease)in FMV - - $ - - Impact Fees-Library - - $ 320 320 Transfer from Capital Construction Fund - - $ - - TOTAL REVENUES $ 73,457 $ - $ 1,154 $ 74,611 EXPENDITURE Operating Expenses $ 33,150 $ - $ (9,988) $ 23,162 Capital Purchases 30,000 - $ (12) 29,988 Contingency 10,307 - $ 10,653 21,460 TOTAL EXPENDITURES $ 73,457 $ - $ 1,154 $ 74,611 Excess of Revenues Over/(Under)Expenditures $ - CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2018 FY 2018 FY 2018 FY 2018 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ - $ - $ - State Grant DEO $ - Shared Revenue from Cape Canaveral 370,034 - $ - 370,034 Shared Revenue from Brevard County 388,697 - $ (103,142) 285,555 Interest Income - - $ - - Net Increase(decrease)in FMV - - $ - - Transfer from General Fund 400,000 $ - 400,000 TOTAL REVENUES $ 1,158,731 $ - $ (103,142) $ 1,055,589 EXPENDITURE Operating Expenses $ 11,239 $ - $ (8,731) $ 2,508 Capital Purchases 400,000 $ (338,858) 61,142 Debt Service 741,527 - $ - 741,527 Transfer to N.Atlantic Ave.Imp.Fund - - $ - - Contingency 5,965 $ 244,447 250,412 TOTAL EXPENDITURES $ 1,158,731 $ - $ (103,142) $ 1,055,589 Excess of Revenues Over/(Under)Expenditures $ - Page 3 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2018 FY 2017-2018 LAW ENFORCEMENT TRUST FUND FY 2018 FY 2018 FY 2018 FY 2018 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 1,610 $ - $ - $ 1,610 Interest-State 72 - $ (114) $ (42) Contraband Income 1,000 - $ (1,000) $ - Net Increase(decrease)in FMV - - $ - - TOTAL REVENUES $ 2,682 $ - $ (1,114) $ 1,568 EXPENDITURE School Resource Officer $ 2,682 $ - $ - $ 2,682 Contingency - - (1,114) (1,114) TOTAL EXPENDITURES $ 2,682 $ - $ (1,114) $ 1,568 Excess of Revenues Over/(Under)Expenditures $ - Page 4 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2018 FY 2017-2018 CAPITAL CONSTRUCTION FUND FY 2018 FY 2018 FY 2018 FY 2018 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward-General Government $ - $ 391,436 $ 391,436.00 Cash Forward-Fire/Rescue - - - - Cash Forward-Protective Services - - - - Cash Forward-Leisure Services - - - - Cash Forward-Library - - - - Interest-General Government - - - - Interest-Fire/Rescue - - - - Net Increase(decrease)in FMV - - - - Transfer from General Fund - - - Cap.Expansion Fees-General Government - - - - Cap.Expansion Fees-Fire/Rescue - - - - TOTAL REVENUES $ - $ - $ 391,436 $ 391,436 EXPENDITURE Capital-General Government $ - $ - $ 391,436 $ 391,436 Capital-Fire/Rescue - - - - Transfer to General Fund - - - - Transfer to Library Fund - - - - Contingency-General Government - - - Contingency-Fire/Rescue - - TOTAL EXPENDITURES $ - $ - $ 391,436 $ 391,436 Excess of Revenues Over/(Under)Expenditures $ - N. ATLANTIC AVE. IMPROVEMENT FUND FY 2018 FY 2018 FY 2018 FY 2018 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ - FDOT/Unobligated Reserves - - - - Interest-TIFT Funds - - Net Increase(decrease)in FMV - - - - Transfer from GF-TIFT&SPIA - - Transfer from CC Redevelopmnt Agency - - - - TOTAL REVENUES $ - $ - $ - $ - EXPENDITURE Capital Purchases $ - $ - $ - $ - Contingency - - - - Capital/Wayfinding/Artwork - - - - TOTAL EXPENDITURES $ - $ - $ - $ - Excess of Revenues Over/(Under)Expenditures $ - Page 5 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2018 FY 2017-2018 WASTEWATER ENTERPRISE FUND FY 2018 FY 2018 FY 2018 FY 2018 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ - $ - St.John's RWMD Grant - Utility Operating Income 3,857,031 - (382,754) 3,474,277 Utility Penalty Income 63,407 - (16,354) 47,053 Impact Fees - - 37,808 37,808 Reuse Hook-Up Fees 2,925 - (1,665) 1,260 Reclaimed Water Revenue 83,029 - (9,936) 73,093 Investment Income 7,200 - 3,388 10,588 Sale of Fixed Assets 5,000 - (5,000) Miscellaneous Income - - 5,401 5,401 Transfer from CC CRA Fund 52,323 - (52,323) SRF Loan Proceeds 1,700,000 - 113,304 1,813,304 Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 5,770,915 $ - $ (308,131) $ 5,462,784 EXPENDITURE Personal Services $ 1,309,251 $ - $ (52,315) $ 1,256,937 Operating Expenses 918,400 30,000 $ (71,191) 847,209 Debt Service 174,278 $ (153,949) 20,329 Contribution to General Fund 681,359 - $ (681,359) - Transfer to Enterprise Capital Fund 2,621,200 $ - 2,621,200 Contingency 66,427 (30,000) $ 650,683 717,110 TOTAL EXPENSES $ 5,770,915 $ - $ (308,131) $ 5,462,784 Excess of Revenues Over/(Under)Expenses $ - Page 6 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2018 FY 2017-2018 STORMWATER ENTERPRISE FUND FY 2018 FY 2018 FY 2018 FY 2018 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 100,000 $ - $ - $ 100,000 IRL Grant 11,000 - $ (11,000) - Stormwater Utility Fees 735,264 - (52,525) 682,739 Investment Income 5,940 - (4,627) 1,313 Sale of Fixed Asset - - SRF Loan Proceeds - - - Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 852,204 $ - $ (68,152) $ 784,052 EXPENDITURE Personal Services $ 206,669 $ - $ (864) $ 205,805 Operating Expenses 217,716 - $ 316,560 534,276 Contribution to General Fund 19,566 - $ - 19,566 Transfer to Enterprise Capital Fund 368,600 - $ (348,600) 20,000 Contingency 39,653 - $ (35,248) 4,405 TOTAL EXPENSES $ 852,204 $ - $ (68,152) $ 784,052 Excess of Revenues Over/(Under)Expenses $ - ENTERPRISE CAPITAL FUND FY 2018 FY 2018 FY 2018 FY 2018 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Transfer from Wastewater Fund $ 2,621,200 $ - $ - $ 2,621,200 Transfer from Stormwater Fund 368,600 - $ (348,600) 20,000 SRF Loan Proceeds - - - - Enterprise Capital Contingency - TOTAL REVENUES $ 2,989,800 $ - $ (348,600) $ 2,641,200 EXPENDITURE Capital-Wastewater $ 2,621,200 $ - $ 51,358 $ 2,672,558 Capital-Stormwater 368,600 - $ (353,544) 15,056 Contingency-Wastewater - - (51,358) (51,358) Contingency-Stormwater - - 4,944 4,944 TOTAL EXPENSES $ 2,989,800 $ - $ (348,600) $ 2,641,200 Excess of Revenues Over/(Under)Expenses $ - Page 7 of 7 General Ledger Budget Adjustment Summary [city seal] Exhibit "B" Account Number Beginning Budget Amount Current Budget 001-000-311-311100 Ad Valorem-Current 4,237,547.00 32,498.00 4,270,045.00 001-002-513-520000 Operating Supplies 5,032.00 12,000.00 17,032.00 001-007-541-461000 Building&Grounds Maintenance 64,975.00 33,000.00 97,975.00 001-007-541-530000 Street Repairs 13,300.00 18,075.00 31,375.00 001-011-572-630000 Capital-Infrastructure 0.00 11,750.24 11,750.24 001-012-519-330000 Professional Services 4,000.00 17,500.00 21,500.00 001-017-901-462000 Equip.Maint.-City Network 97,794.00 30,000.00 127,794.00 001-017-901-480000 Promotional Activities 11,415.00 5,000.00 16,415.00 001-017-901-480001 Promotional Activity-Website 1,800.00 14,850.00 16,650.00 001-017-901-990000 Contingency 405,756.00 -109,677.24 296,078.76 104-000-311-311100 Ad Valorem Taxes 68,028.00 484.00 68,512.00 104-023-571-990000 Contingency 9,823.00 484.00 10,307.00 401-010-535-340000 Contract Services 39,940.00 30,000.00 69,940.00 401-010-535-990000 Contingency 66,427.00 -30,000.00 36,427.00 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 INFORMATIONAL REPORTS Subject: Memorandum of agreement between Brevard County Emergency Management and the City of Cape Canaveral to join the AlertFlorida emergency mass notification system. Department: Community Engagement & Economic Development Summary: The City Manager signed a Memorandum of Agreement (MOA) authorizing City participation in the Brevard County Emergency Management AlertFlorida mass notification system. In 2016, the Florida Division of Emergency Management chose Everbridge as the service provider for the development and implementation of AlertFlorida, a landmark initiative that provides Statewide emergency alert and notification services to Florida residents, businesses and visitors. Cape Canaveral has utilized Nixie (a service of Everbridge) for emergency and non-emergency notifications through text messages and robo-calls since 2017 and currently has 4,303 subscribers. Nixie has been successfully employed in our Community to disseminate storm event news,to share City event announcements or cancellations and to message members of our athletic leagues. Through this MOA, the City will merge its Nixie account with the Brevard County Emergency Management Everbridge system, allowing the City to continue the current notification capabilities,preserve the existing Community subscriber lists and return the annual contract cost of$4,850.00 to the General Fund. A related advantage of using a-Community mass notification system is its impact on Cape Canaveral's National Flood Insurance Program (NFIP)Community Rating System(CRS) score. The CRS uses a class-rating system that is similar to fire insurance ratings to determine flood insurance premium reductions for residents. Use of a Community mass notification system like AlertFlorida contributes to CRS grant credits which result in potential savings to Florida homeowners by reducing premiums paid by NFIP policyholders. Florida NFIP policyholders will save a combined $47 million once all eligible Communities are enrolled in NFIP's CRS. Cape Canaveral currently has a CRS Class rating of 7, which entitles residents in Special Flood Hazard Areas to a 15% percent discount on their flood insurance premiums. For more information about Community notifications,visit www.cityofcapecanaveral.org/nixle. . Submitting Department Director: Joshua A. Surprenant & Todd Morley Date: 10/8/18 Additional Information: • www.floridadisasterorg/dem/mitigation/floodplain/crs/ • https://www.floridadisaster.org/news-media/news/governor-scotts-securing-floridas- future-budget-keeps-florida-prepared-for-natural-disasters/ [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/16/2018 INFORMATIONAL REPORTS Subject: Free Public Internet Access via Wi-Fi in the City Council Chambers. Department: Economic Development Summary: As part of our ongoing commitment to provide Public Amenities and take advantage of available technologies,the City of Cape Canaveral now features Wi-Fi internet access service in the City Council Chambers. Many cities offer guest Wi-Fi internet access at public facilities. The service is only available "outside" of the City's computer network firewall, content is filtered, and each session will require the user to accept a Disclaimer/Terms of Use. The , Disclaimer will remain subject to updating and notifies the user that the City will cooperate with law enforcement in the prosecution of unlawful use. The Wireless Access Point (WAP) located within Council Chambers will also be available, to varying degrees, outside of Chambers, subject to range limitations of the device and various sources of interference (i.e. competing frequencies, closed doors, bandwidth at any given time based on number of users). The City will monitor outside usage after hours and may institute restrictions if necessary, such as time of day availability and/or frequent changing of passwords. The current password will be posted on monitors located within the Council Chambers. Submitting Department Director: Todd Morley Date: 10/8/18