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Packet 03-02-2010 Add'l Items
2� Q�s�tifas6 fpea- Name All #2 #3 - -✓y #6 ' #7 —� Council Member Hoo Z c/ _Mayor Pro Tem Petsos ✓ MQfi Mayor Pro Tem Petsos Mayor Randels v--- Mayor Randels Mayor Ma or Randels WON f/ ✓ j Council Member Roberts Zti/1&�/ � Council Member WalshAl h x ► n Name All 'Council Member Hoog Council Member Hoog _Mayor Pro Tem Petsos Mayor Pro Tern Petsos Mayor Randels Mayor Randels Council Member Roberts WON Council Member Roberts Council Member Walsh MM � Name All Council Member Hoog Mayor Pro Tern Petsos Mayor Randels Council Member Roberts Council Member Walsh ,06 IIIIIIIMIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIrlliaall A MONTH-LONG SAN!) SCULPTING FESTIVAL Sand, sun &fun takes on a new meaning at The Art of Sand I ER ilikl"IOW. SPECTACIILAR Master Sculptors Exhibiting Sand Art up to 15'high SAND StiliPTINS Art&Food plus Competitions for companies,families&youth IffERTAINME111" YOTh PAVII.1011 SAW BAR Family Fun Days&Nights FLORIDA'S SPACE COAST Return again & again MSCULPT APR MAY 1 71 ,491Y WORLD-CLASS r�It SCULPTORS at L. ArtofSandUS.com Proceeds benefit the Arts in Brevard County the April 2-4 Opening Weekend Festival Event Hours a 4' April etit 10 ion Corporate Challenge Mon-Thu: 11am-7pm C Fri: 11am- 10pm April 16-18 Space Coast Open Sat: 9 am- lOpm Competition Sun: 9 am-7pm April 24-25 Youth&"Families" Admission $8 adults Amateur Competitions $4 children under 12, April 30-May 1 Family Days&Nights seniors&military Of ,EgAI TFpO personnel � p 00 Location sand ,*. k, Where ts the Beachline 201 0 0 p ' meets an in - Cape Canaveral ' (beside the Radisson Visit ' at The Port) �' JtI 00 miff r Artot'SandUS com a o.., for more details. PICK UP YOUR SAND DOLLARS worth$1.00 off Art of Sand admission &good with purchase at participating cultural groups&select merchants. Collect yours to be used April 2-Mayl. View list at www.ArtofSandUS.com www.SpaceCoastFunGuide.com 21 CITY OF CAPE CANAVERAL SPEAKER RECOGNITION CARD "46N Each Sneaker will have S minutes to address the subject. DATE: 2Z16 AGENDA ITEM: f �i N&aAME ADDRESS. PHONE6 3 oz�� 2 - EMAIL: EMAIL: Cl ANIZATION. SUBJECT: SPEAKING RULES: 1. Kindly Raise Your Hand To Be Called On By The Chair 2. For the Taking of Minutes, Please State your Name 3. Please Leave Your Completed Card With the City Clerk Purpose of the Card: This will ensure correct spelling of your name in the Minutes. This will permit us to follow-up with any additional information. p�ofSandPest�y .,,vet corporate Cha// a�0,o �„ RQQQ<:-' 'g S pace CoaSt�p9c��,PIleac/Vine a QQt tqe PAC A 2-Ma And, -loy sa n,g Festl aju/ptip9 of where tSaner/ meetsl 2 o t 0 (beside the anaver to �o� ''6 SP ° 0A S Resort at to Porten I .'' 2 % ACE COAST 00, .4„,�6'fp IPA(jsad I (�eM1 Q�64 d 6<4cy /a d T AeW_p� a /n3S Pups luapn�5�p2 CAPE CARIBE HEARING PROCEDURE ITEM 10 on the City Council agenda is related to a proposed revised site plan for the Cape Caribe project. The item consists of four(4)separate,but inter-rated, legislative and quasi-judicial development orders: (a) Ordinance No.02-2008(Small Scale Comp. Plan FLUM Amendment)—Legislative (b) Ordinance No.03-2008(Zoning Map Change)—Quasi-Judicial (c) Development Agreement—Home Rule; Legislative (d) Site Plan—Quasi-Judicial Because there are four inter-related development orders for the Cape Caribe project, the following consolidated public hearing procedure is recommended in order to streamline the public hearing presentation and to reduce redundancy: 1. CONSOLIDATED HEARING AND RECORD. One consolidated public hearing will be conducted by the City Council for all four development order applications. The staff, Applicant, and members of the public will be given one initial opportunity to present written evidence or testimony relevant to any or all of the proposed development orders. The written evidence and testimony presented will constitute one record for appellate ( purposes and will be applicable to the decision made by the City Council for each of the four development orders. 2. GENERAL ANNOUNCEMENT OF PROPOSED DEVELOPMENT ORDERS. The City Attorney will announce for the record that the City Council will be considering the approval of the four proposed development orders listed above. 3. READ ORDINANCE TITLES. The City Attorney will read the titles for Ordinances No. 02-2008 and 03-2008 into the record. 4. STAFF PRESENTATION. City staff will make an introductory presentation regarding the proposed project and the related development orders. 5. APPLICANT PRESENTATION. The Applicant will make an introductory presentation regarding the proposed project and the related development orders, and the Applicant will be permitted to submit written evidence into the record for Council's consideration. 6. COUNCIL QUESTIONS. After the staff and Applicant presentations, the City Council may ask the staff and/Applicant questions regarding the proposed project and the related development orders. 7. PUBLIC HEARING Members of the public shall be permitted to speak on any or all of the proposed development orders,and shall be permitted to present any written evidence into the record for Council's consideration. At the Council's discretion, questions or comments raised by members of the public during the public hearing may be subject to a reply or questioning by the staff or Applicant. k` 8. REPLY PERIOD. After the public hearing is closed, the staff and Applicant may respond(including cross examination for quasi-judicial items) to any comments or questions raised by members of the public during the public hearing process. 9. COUNCIL DELIBERATIONS. Council will engage in open discussion regarding the project and the proposed development orders until one or more appropriate motions are made by the Council. At the Council's discretion, council members may ask additional questions of staff and the applicant if additional information is required. 10. ORDER OF MOTIONS. The City Council should consider motions for the development orders in the following sequence: A. Motion to Approve,Approve with Conditions,or Deny the Development Agreement and Site Plan. B. Motion to Approve,Approve with Conditions,or Deny Ordinance No. 02-2008(Comp.Plan). C. Motion to Approve,Approve with Conditions,or Deny Ordinance No.03-2008(Zoning). City of Cape Canaveral � • . City Council Agenda Form REVISED 02-24-10 City Council Meeting Date: 3/2/2010 Item No. 10(c) Subject: Development Agreement with Cape Caribe, Inc. Department: Community Development & City Attorney Summary: Following three (3) public workshops to discuss this Agreement, City staff and Cape Caribe have negotiated the attached Agreement consistent with City Council direction. The following summary highlights the main issues discussed during the public workshops as set forth in the Agreement: 1. Term of Agreement set at 20 years; Development is to be phased to construct one (1) additional building approximately every five (5) years. 2. Concurrency—the City will reserve concurrency for the development for seven (7) years; Cape Caribe will periodically apply for future concurrency reservation following the expiration of the initial seven (7) years, pursuant to the schedule set forth in the Agreement. 3. Tree Mitigation — Cape Caribe will pay the City $140,000.00 for tree mitigation and will landscape the majority of the development consistent with requirements of City Code at the time the Original Site Plan was approved; the five (5) additional acres of the property being added to the development in the Revised Site Plan will be subject to the City's land clearing and landscaping requirements as they exist on the Effective Date of the Agreement. 4. Stormwater Management— Cape Caribe will make reasonable efforts to establish an emergency drawdown plan to address drainage during storm events; Cape Caribe will be required to obtain a modified stormwater permit from DEP for the Stormwater System and, as part of the modification, shall seek to have a permanent pump system permitted to automatically maintain the water levels in the existing ponds; Cape Caribe shall be responsible for maintaining stormwater systems and for having the systems inspected annually. Requested Council Action: Consider and approve Development Agreement with Cape Caribe, Inc. to address various development issues related to Cape Caribe's Revised Site Plan. Financial Impact: Cape Caribe to pay to the City $140,000.00 to satisfy outstanding tree mitigation requirements and $30,000.00 for beautification along North Atlantic Avenue. Attachments: 1. Dev. Agrmt. w/Exhibits; 2. Updated Stormwater Memo from J. Ratliff Submitting Department Head: Date: } Approved by Acting City Manager. Date: Z/2 S/(c) C� ! Y City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain 4 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Katherine W.Latorre,Esq. Assistant City Attorney of Cape Canaveral Brown,Garganese,Weiss&D'Agresta,P.A. 1l l N.Orange Avenue, Suite 2000 Orlando,FL 32802 (407)425-9566 FOR RECORDING DEPARTMENT USE ONLY CAPE CARIBE BINDING DEVELOPER'S AGREEMENT THIS BINDING DEVELOPER'S AGREEMENT ("Agreement") is made by and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation ("City"), whose principal address is 105 Polk Avenue, Cape Canaveral, Florida 32920, and CAPE CARIBE, INC., a Florida Corporation ("Owner"), whose principal address is 1000 Shorewood Drive, Suite 200, Cape Canaveral, Florida 32920. WITNESSETH: WHEREAS, this Agreement is a developer's agreement entered into pursuant to the Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and WHEREAS, Owner is the current fee simple owner of record of certain real property and holds easements over certain real property located within the City of Cape Canaveral and more particularly described herein ("Property"); and WHEREAS, a certain portion of the Property, consisting of 27.71 acres of land, has an approved site plan dated June 27, 2001 for the development of phased hotel and resort condominium buildings, related infrastructure and amenities ("Original Site Plan"); and WHEREAS, consistent with the Original Site Plan, Owner has commenced construction of the development known as "Ron Jon® Cape Caribe Resort," which currently consists of 206 hotel and resort condominium units, as well as two (2) parking garages and recreational amenities on the Property; and WHEREAS, Owner desires to amend the Original Site Plan by adding 5.01 acres of real property located adjacent to and directly west of the real property subject to the Original Site Plan; and WHEREAS, Owner also desires to revise the Original Site Plan by reducing the number of buildings and units and expanding amenities consistent with its revised site plan; and DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 1 of 13 WHEREAS, consistent with applicable laws and ordinances, the City Council approved Owner's revised site plan on March 2, 2010, subject to, among other conditions, the approval and execution of this Agreement; and WHEREAS, given the unique character of the revised site plan, the City and Owner desire to address specific on-site and off-site concerns in this Agreement; and " 1 WHEREAS, the City Council finds this Agreement to be consistent with the City's Comprehensive Plan and land development regulations; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this Agreement to effectuate the development of the Property, subject to the terms and conditions agreed to hereunder; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the City's home rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers Act. 3.0 The Property. The real property subject to and bound by the terms of this Agreement is legally described in Exhibit "A," attached hereto and fully incorporated herein by this reference. 4.0 Effective Date. This Agreement shall become effective immediately upon the occurrence of all of the following conditions precedent ("Effective Date"): 4.1 The Land Use Ordinances, as defined in Section 16.0 herein, and the Revised Site Plan becoming effective in accordance with Section 16.0; 4.2 The expiration of any and all appeal periods for any challenge to the Revised Site Plan; and 4.3 The recordation of a fully executed original of this Agreement in the official records of Brevard County, Florida, at the expense of Owner. Should any of the foregoing conditions precedent fail to occur, this Agreement shall be null and void. 5.0 Duration of Agreement. This Agreement shall be binding on the Property for a term of twenty (20) years from the Effective Date unless sooner terminated pursuant to section 17.0 herein. Any extension to this Agreement shall be evidenced in a written amendment hereto, executed by both parties and approved by the City Council consistent with Section 22.0 herein. } DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 2 of 13 6.0 Revised Site Plan. Owner agrees to develop the Property in accordance with its revised site plan, approved by the City Council on March 2, 2010 ("Revised Site Plan"), effective consistent with Section 16.0 herein, and pursuant to the terms and conditions of this Agreement and all applicable laws. The Revised Site Plan is depicted on the signed and sealed site plans prepared by Allen Engineering, Inc., dated April 1, 2008 (revised on February 25, 2009) and on file at Cape Canaveral City Hall. As a matter of convenience, and at the request of I: Owner, the Revised Site Plan may be amended from time to time by the City without further amendment to this Agreement. Any such amendment to the Revised Site Plan shall automatically be incorporated herein by this reference. 7.0 Status of Original Site Plan. The parties understand and agree that upon the Effective Date, the Original Site Plan shall be replaced and superseded in its entirety by the Revised Site Plan and any development rights granted to Owner pursuant to the Original Site Plan shall be null and void. 8.0 Development Permitted on the Property. The Property is zoned R-3 Medium Density Residential ("R-3") and C-1 Low Density Commercial ("C-1"). 8.1 R-3 Property. The permitted uses, allowable density and building intensities and height for the portions of the Property zoned R-3 are set forth in sections 110-311 through 110-321 of the Cape Canaveral City Code, which sections are expressly incorporated herein by this reference. 8.2 C-1 Property. The permitted uses, allowable density and building intensities and height for the portions of the Property zoned C-1 are set forth in sections 110-331 through 110-339 of the Cape Canaveral City Code, which sections are expressly incorporated herein by this reference. 9.0 Public Facilities and Services. The Property will be served by City of Cocoa water and City of Cape Canaveral sanitary sewer facilities. On-site design and construction of said facilities shall be performed by Owner as part of its development of the Property in accordance with the Revised Site Plan. 10.0 Phased Development. 10.1 Phasing. The Revised Site Plan depicts a total of seven (7) buildings containing 600 hotel and resort condominium units. Consistent with the Original Site Plan and as of the Effective Date, Buildings 1 and 2 containing 206 units are constructed on the Property. Subject to the termination provisions set forth in Section 17.0 herein, Owner and City agree that Owner shall be permitted to phase the development of the remaining five (5) unconstructed buildings, designated as Buildings 3 through 7 ("Remaining Buildings"), and containing a total of 394 units, in accordance with the Revised Site Plan and pursuant to the following development schedule: DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 3of13 10.1.1 No later than two (2) years from the Effective Date, Owner shall submit the building permit application to construct the first building of the unconstructed Remaining Buildings. 10.1.2 No later than seven (7) years from the Effective Date, Owner shall submit the building permit application to construct the second building of the unconstructed Remaining Buildings. 10.1.3 No later than twelve (12) years from the Effective Date, Owner shall submit the building permit application to construct the third building of the unconstructed Remaining Buildings, provided that the first and second buildings of the Remaining Buildings are substantially complete or have received a certificate of occupancy. 10.1.4 No later than seventeen (17) years from the Effective Date, Owner shall submit the building permit application to construct the fourth building of the unconstructed Remaining Buildings, provided that the third building of the Remaining Buildings is substantially complete or has received a certificate of occupancy. 10.1.5 No later than twenty (20) years from the Effective Date, Owner shall submit the building permit application to construct the final building of the unconstructed Remaining Buildings, provided that the fourth building of the Remaining Buildings is substantially complete or has received a certificate of occupancy. Building permit applications submitted in satisfaction of this subsection 10.1 shall be substantially complete consistent with the requirements of applicable law. Within ten (10) days of receipt of any building permit application required by this subsection, the City's Building Official shall provide written notification to Owner regarding whether the application is complete or incomplete. In the event the application is deemed incomplete, the application deficiencies shall be specifically identified in the Building Official's written notification to Owner. Upon issuance of any building permit under this subsection 10.1, Owner shall diligently pursue the construction authorized by the permit and shall maintain a valid and active permit pursuant to applicable law. 10.2 Infrastructure. Owner shall ensure that the construction of all necessary infrastructure is completed in direct proportion to the phased development of the Remaining Buildings in order to service and support the completed development of the Remaining Buildings. All phased infrastructure installed shall be compatible and coordinated with existing infrastructure. As used in this subsection, the "infrastructure" shall include, but not be limited to, streets and roadways, sidewalks, street and common area lighting, utilities, drainage and stormwater systems, and parking. Further, upon completion of any structure and prior to the issuance of a certificate of occupancy, Owner shall be required to demonstrate that the completed development meets all applicable bulk regulations and supplementary district regulations required by the City Code. DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 4 of 13 10.3 Concurrency. The City agrees to issue Owner an initial concurrency compliance certification for all levels of service of the various public facilities to support the specific impacts of the proposed development consistent with the requirements of Chapter 86 of the City Code. This certification shall reserve concurrency capacity for the Property for a period of seven (7) years from the Effective Date ("Initial Concurrency"). Notwithstanding the above, the Owner acknowledges that concurrency for Potable Water from the City of Cocoa may be reserved for a period less than seven (7) years, therefore the City agrees to reserve the maximum term available for the Property. 10.3.1 Upon expiration of Owner's Initial Concurrency a new application shall be submitted by Owner and City shall provide an analysis of public facilities consistent with the requirements of Chapter 86 of the City Code. Provided adequate facilities are available, the City shall issue a new certification to reserve concurrency for an additional five (5) years ("Second Concurrency"). 10.3.2 Upon expiration of Owner's Second Concurrency a new application shall be submitted by Owner and City shall provide an analysis of public facilities consistent with the requirements of Chapter 86 of the City Code. Provided adequate facilities are available, the City shall issue a new certification to reserve concurrency for an additional five (5) years ("Third Concurrency"). 10.3.3 Upon expiration of Owner's Third Concurrency a new application shall be submitted by Owner and City shall provide an analysis of public facilities consistent with the requirements of Chapter 86 of the City Code. Provided adequate facilities are available the City shall issue a new certification to reserve concurrency for an additional three (3) years. 11.0 Resort Condominium Status. 11.1 Notice of Intent. Owner and City acknowledge and agree that, consistent with section 110-486(b)(5), Cape Canaveral City Code ("City Code"), Owner has timely filed a notice of intent with the City Manager declaring Owner's intent to license certain existing and proposed units depicted on the Revised Site Plan as resort condominiums. 11.2 Original Site Plan Units. Upon the Effective Date, the existing 56 units contained within "Building 2," as identified on the Revised Site Plan, shall be considered "existing" consistent with section 110-486(a), City Code. 11.3 Revised Site Plan Units. Upon the issuance of certificates of occupancy for Buildings 3 and 4, as identified on the Revised Site Plan, and upon the satisfaction of all building and fire code requirements applicable to resort condominiums, the 124 proposed units in Buildings 3 and 4 shall be granted preliminary certificates of nonconforming g status. 9 I DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe, Inc. Page 5 of 13 11.4 Site Plan Approval Deadline. The Revised Site Plan shall not be subject to the site plan approval deadline set forth in section 110-486(b)(5)(i), City Code. 12.0 Tree Mitigation & Land Clearing. 12.1 Tree Mitigation. Owner and City expressly acknowledge and agree that Owner's affiliate, Solana Lake, Inc. ("Solana") and the City are party to a Development Agreement dated November 6, 2003 for the construction of a residential condominium development, said Development Agreement being recorded in Brevard County Official Record Book 5115, Page 3331 ("Solana Agreement"). Pursuant to Section 5 of the Solana Agreement, Solana is required to mitigate the removal of trees that occurred during the development of Solana's condominium development. In addition, Owner is still obligated to mitigate the removal of trees associated with the Original Site Plan. Therefore, Owner agrees to satisfy all of Owner's and Solana's outstanding tree mitigation obligations related to the Original Site Plan and the Solana Agreement, excluding mitigation obligations related to the New Site Plan Property, as defined in Section 12.2 below, as follows: 12.1.1 No later than 30 days following the Effective Date, Owner shall pay to the City as tree mitigation a sum of One Hundred Forty Thousand and no/100 Dollars ($140,000.00). Such sum shall be deposited into the City's tree bank and may be used at the City's sole discretion. 12.1.2 With the exception of the New Site Plan Property, as defined in Section 12.2 below, the Revised Site Plan shall meet or exceed the minimum land clearing and landscape requirements of the City Code, as the City Code existed on the date the Original Site Plan was approved. 12.2 Land Clearing on New Site Plan Property. The Revised Site Plan includes 5.01 acres of real property not included in the Original Site Plan ("New Site Plan Property"), which is located adjacent to and to the immediate west of the real property subject to the Original Site Plan. With regard to land clearing and tree removal and replacement on the New Site Plan Property, Owner agrees that the New Site Plan Property shall be designed and developed consistent with the current provisions of Chapter 102 of the City Code, as of the Effective Date of this Agreement. 13.0 Conservation Easement to City. Within 30 days of the Effective Date, Owner shall convey a statutory perpetual conservation easement to preserve trees in conformance with the provisions of Chapter 102 of the City Code, and in compliance with Section 12.2 above ("Conservation Easement"), in favor of the City over the 0.95 acres, more or less, generally located to the south of the "West Parking Garage" and to the west of"Building 7," as identified on the Revised Site Plan. The real property subject to the Conservation Easement is legally described in Exhibit "B," attached hereto and fully incorporated herein by this reference. The conservation easement shall be in accordance with Florida law and shall be on a form acceptable 1 to Owner and the City Attorney. The City shall not be responsible for any maintenance or upkeep of the real property subject to the Conservation Easement. DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 6 of 13 14.0 North Atlantic Avenue Improvements. The Solana Agreement required Solana to construct certain roadway improvements on North Atlantic Avenue. As security for the payment of Solana's obligations under the Solana Agreement, Solana was required to bond the roadway improvements in the amount of$30,000.00. Given that the roadway project has since been postponed by the City to allow for future development of properties along North Atlantic Avenue, the City and Owner hereby agree that Owner shall pay the City a sum of Thirty Thousand and no/100 Dollars ($30,000.00) within thirty (30) days of the Effective Date, which sum the City, at its sole discretion, shall allocate toward beautification along North Atlantic Avenue. No later than ten (10) days following City's receipt of Owner's payment, the City shall return the original bond to Solana and Solana's obligations under Sections 2 and 3 of the Solana Agreement shall be deemed fully satisfied. 15.0 Stormwater Management. The Property is served by a stormwater system approved by the City and the Florida Department of Environmental Protection ("DEP"). This stormwater system consists of a series of retention trenches, ponds and swales located on the Property and on the properties located immediately adjacent to the Property, commonly known as "Solana Shores" and "Solana Lake", which trenches and ponds cooperatively serve as the stormwater management system for the Property and the aforementioned adjacent properties ("Stormwater System"). Based on drainage computations and exhibits provided by Allen Engineering, dated September 4, 2009, the City has determined the Stormwater System provides sufficient storage capacity as required by City Code for the Property depicted on the Revised Site Plan. However, the City is desirous to have Owner establish an Emergency Drawdown Plan to assure that excess stormwater can be removed from the Stormwater System in an expeditious manner prior to a Storm Event, as defined herein. In addition, the City desires the Owner to provide a permanent Stormwater Outfall for the Stormwater System. 15.1 Emergency Drawdown Plan. Owner shall use all reasonable efforts to establish an emergency drawdown plan ("Plan") acceptable to the City to drawdown the water levels of the Stormwater System. Owner shall perform an emergency drawdown of the Stormwater System in accordance with its Plan prior to any hurricane, tropical storm, or any 100-year storm event (defined as producing 11 or more inches of rainfall within a 24-hour period) (collectively, "Storm Event") forecast to affect the City of Cape Canaveral when the Stormwater System water levels are above the Plan elevation. Owner shall be responsible for securing, maintaining and operating the necessary equipment to facilitate the pumping of excess stormwater from the Stormwater System and through the Canaveral Port Authority's ("Port's") stormwater system. 15.2 Stormwater Outfall. Prior to the issuance of a building permit for any new building shown on the Revised Site Plan, the Owner shall obtain a stormwater permit modification from the DEP for the Stormwater System. Furthermore, the Owner's application for the stormwater permit modification shall include, but not be limited to, all supporting data, computations, design and construction plans to request a conversion of the existing Stormwater System from a retention design to a detention design that provides for an outfall of the Stormwater System through the Port's stormwater system ("Stormwater Outfall"). The Stormwater Outfall shall be designed as a permanent pump DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 7 of 13 system that automatically maintains the water levels in the existing Solana Lake and Solana Shore ponds. 15.3 Permit Approval. Owner shall be responsible for obtaining a revised stormwater permit from DEP prior to constructing any modifications to the Stormwater System. The City and Owner acknowledge and agree that all stormwater plans and modifications contemplated in Section 15.0 herein shall only include the Plan or the Stormwater Outfall and related improvements be completed by the Owner at such time that reasonable conditions of approval are obtained from both the DEP and the Port. 15.4 Other Conditions. The Plan and Stormwater Outfall shall be maintained on file at the City's Building Department and shall include documentation demonstrating that the DEP and the Port have perpetually authorized Owner to pump stormwater out of the Stormwater System through the use of the Port's public stormwater conveyance system. Such authority to pump through the Port's system shall be demonstrated in a perpetual, recorded easement in a form acceptable to Owner and the City Attorney. Upon issuance of a permit for Stormwater Outfall by DEP, the Owner, subject to Section 15.3, shall be responsible for maintaining the Plan and Stormwater Outfall systems. Owner shall have the Stormwater and Outfall Systems inspected at least annually by a licensed engineer and shall provide the City with a written inspection report following each inspection. 16.0 Approval of Land Use Ordinances Required. Owner understands and agrees that in order for certain portions of the Property to be developed consistent with the uses proposed on the Revised Site Plan, the City's approval and adoption of Comprehensive Plan Amendment Ordinance 02-2008 and Rezoning Ordinance 03-2008 (collectively "Land Use Ordinances") is required. Therefore, the Revised Site Plan shall not become effective unless and ( until the Land Use Ordinances are adopted by the City Council and become effective in accordance with the requirements of applicable law, including being subject to any appeal or challenge. The City's approval of the Revised Site Plan and this Agreement shall not bind or require the City to adopt the Land Use Ordinances, but the City shall ensure that said ordinances are efficiently processed through the requisite staff review and public hearings. 17.0 Termination. This Agreement shall terminate under the following conditions: 17.1 Upon the expiration of the term as set forth in Section 5.0 herein, this Agreement shall automatically terminate. 17.2 The City shall have the unconditional right, but not obligation, to terminate this Agreement if Owner fails to develop the Property consistent with the schedule set forth in Section 10.0 herein, or has otherwise failed to comply with any material term or condition of this Agreement. However, the City shall first deliver written notice and an opportunity to cure as set forth in paragraph 34.0 herein. 17.3 If this Agreement is terminated in accordance with this Section 17.0, the City shall record a notice of termination in the public records of Brevard County, Florida. DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 8 of 13 17.4 Upon termination of this Agreement, the City and Owner shall have no further rights or obligations under this Agreement and all permits and approvals granted by the City in furtherance of this Agreement shall be deemed terminated as well, except previously issued and active building permits may continue in effect under the Florida Building Code. 18.0 Annual Review & Inspection; Report. The City's Building Official and Planning& Development Director shall coordinate with Owner to schedule an annual review and inspection of the Property by the City to determine if Owner has demonstrated good faith compliance with the terms and conditions of this Agreement. The annual review and inspection shall occur each year on or around the anniversary of the Effective Date and the findings of the Building Official and Planning & Development Director shall be memorialized in a written report ("Annual Report"), a copy of which shall be provided to Owner. Further, the Annual Report shall be presented annually to the City Council at a duly held City Council meeting. 19.0 Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner and recorded in the Public Records of Brevard County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Owner represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. 20.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 21.0 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Brevard County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. 22.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns). 23.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Owner as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 9 of 13 24.0 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 25.0 Recordation. No later than 14 days following the approval and execution of this Agreement by both parties hereto, the City shall record this Agreement in the Public Records of Brevard County, Florida. 26.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 27.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 28.0 City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 29.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 30.0 Third-Party Rights. Except for the benefits bestowed upon Solana under Sections 12.0 and 14.0 herein, this Agreement is not a third-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 31.0 Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 32.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe, Inc. Page 10 of 13 33.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the Effective Date. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate the Revised Site Plan, or any and all certificates of occupancy for any building or unit, if Owner is in material breach of any term and condition of this Agreement. 34.0 Default; Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non-defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. 35.0 Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority(other than the City's own acts), acts of public enemy or war, riots, terrorism, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), but excluding customary business and economic conditions or events, then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. 36.0 Public Advertising; Costs. Owner agrees that it shall be solely responsible for any and all legal advertisement costs related to the adoption, amendment or termination of this Agreement. [EXECUTION PAGES FOLLOW] DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 11 of 13 3 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY: City of Cape Canaveral, a Florida municipal corporation. By: Rocky Randels, Mayor ATTEST: By: Mia Goforth, Acting City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida only. CITY SEAL Date: By: Anthony A. Garganese, City Attorney for the City of Cape Canaveral, Florida STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2010, by Rocky Randels and Mia Goforth, well known to me to be the Mayor and Acting City Clerk respectively, of the City of Cape Canaveral and acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe, Inc. Page 12 of 13 Signed, sealed and delivered in the OWNER: presence of the following witnesses: Cape Caribe,Inc., a Florida Corporation. Signature of Witness Printed Name of Witness By. (Print Name and Title) Signature of Witness Date: Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2010, , as of Cape Caribe, Inc., a Florida Corporation, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: 1 DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 13 of 13 1 I , SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY Property Owned by Cape Carlbe, Inc. PORT CANAVERAL POINT OF COMMENCEMENT NORTHWEST CORNER OF SECTION 14 NORTHWEST CORNER COVL'RNMENT LOT 1 1 4,f RTH UNE OF SECTION 14 ifiN d4 J N0N.89'45'43% 1,30756' :14 V' E1c�i Ori° NPOINT OF BEGINNING q°q�a JETTY PARK N.13,9 54.3.: west-UNE OF—� ;`jai f1.80 GOVERNMENT LOT 1 .4% »s S.2t.'JIP W. *VS N.89 45'43'' 1,800.34' • 1k SUBJECT PARCEL CONTAINS 35.95 ACRES± y 4 'V '7p� S 89'4 44 9N.e' • 1„ in M a ;4 '- s . k V�M. 251.32 w I� �i •fti, � 4g pQ rtwo ate;�5'p- t � f �5 1.7r �J49 ��4t 0 z T\ s8g',{7'42 'oew SOLANA SHORES r g SOLANA LAKES a s t; 2. O . -1.741101;• qaoa+N. 8�$7 . ,1 � L ' S f9888�`58',Y �,�, C1i. - CM -114.28 Oj 0R9 . {', o C CM 24.58'W c� NOOR S E RW000 OF AY A�r4" N aAi '� gg fir. A ,38Q,5 �, y SHOREWOOD, A CONDOMINIUM tk s-esame r• S.Bi j'R! Its n Z qw y VILLAGES AT SEAPORT ABBREVIATIONS: N R = RADIUS 0 = DELTA ANGLE EXHIBIT "A" A = ARC LENGTH SHEET 1 OF 2 CH = CHORD CH. BRG. = CHORD BEARING PREPARED BY: LLE IN SCALE 1".40' cz ei A ngineering, Inc. IN I Nu t 0 250 SURVEYORS - ENGINEERS 125 GRAPHIC�SCALE 1000 cT 108 DIXIE LANE (P.O. BOX 321321) I COCOA BEACH, FLORIDA 32932-1321 N TELEPHONE: (321)7B3-7443 FAX: (321)7B3-5902 e. CER7IFICA7E OF AUTHORIZA770N # LB 266 °' 3. SEE SHEET 2 OF 2 FOR DESCRIPTION, 2. SURVEYOR'S CERT/F/CATION AND SURVEYOR'S NOTES. 1. PREPARED AND CER71F/ED FOR: DATE: 02-24-10 DRAWN BY: KSC CAPE CAR/BE, INC. JOB NO. 980129 SCALE: 1"=500' i I DESCRIPTION z NOT A BOUNDARY SURVEY Property Owned by Cope Caribe, Inc A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence of the Northwest comer of said Section 14; thence N8943'34"E, along the North line of said Section 14, a distance of 2,639.94 feet, to the North 1/4 Corner of said Section 14; thence N8945'43"E, along said , a distance of 11.60 feet, to the POINT OF BEGINNING of the herein described parcel; thence continue N89'45'43"E, along said North line of said Section 14, a distance of 1,30Z56 feet, to Northwest corner of Government Lot 1 of said Section 14; thence S0129'01"E, along the West line of said Government Lot 1, a distance of 260.06 feet; thence N89'45'43"E, a distance of 1,800.34 feet; thence S2134'26"W, a distance of 34.41 feet; thence S242225"W, a distance of 222.11 feet; thence S25197'33"W, a distance of 214.03 feet; thence S2677'25"W, a distance of 40.16 feet; thence N6820'23"W, a distance of 581.68 feet; thence S89'46'33-W, a distance of 435.12 feet; thence S0073'27"E, a distance of 271.75 feet; thence S8948'06"W, a distance of 161.58 feet, to a point of Intersection with a non-tangent curve, concave Westerly, having a radius of 147.43 feet and a central angle of 45'35'53"; thence Southerly, along the arc of said curve to the right, a distance of 117.33 feet (said arc subtended by a chord bearing S1958'58"W, a distance of 114.26 feet), to a point of intersection with a non-tangent line; thence S8947'42"W, a distance of 233.42 feet, to a point of intersection with a non-tangent curve, concave Northeasterly, having a radius of 116.07 feet and a central angle of 12199'23; thence Northwesterly, along the arc of said curve to the right, a distance of 24.63 feet (said arc subtended by a chord bearing N3674'05"W, a distance of 24.58 feet), to a point of intersection with a non-tangent curve, concave Southwesterly, having a radius of 63.73 feet and a central angle of 7745'08";; thence Northwesterly, along the arc of said curve to the left, a distance of 86.49 feet (said arc subtended by o chord bearing N66'11'54"W, a distance of 80.00 feet), to a point of intersection with a non-tangent curve, concave Northeasterly, having a radius of 35.40 feet and a central angle of 10679'44"; thence Northwesterly, along the arc of said curve to the right, a distance of 65.70 feet (said arc subtended by a chord bearing N54190'44"W, a distance of 56.67 feet), to a point of intersection with o non-tangent line; thence S8946'33"W, a distance of 31.11 feet, to the Easterly and Southerly right of way of Shorewood Drive a roadway easement 66 feet In width; thence the following 4 courses along the Easterly and Southerly right of way line of sold Shorewood Drive: (1) SO129'01"E, a distance of 721.17 feet; (2) S89 45'43"W, a distance of 456.45 feet; (3) S00 26'53"W, a distance of 102.77 feet; (4) S89"52'21-W, a distance of 603.15 feet, to the west line of those lands owned by Cope Caribe, Inc.; thence N0129'01"W, along said West line, a distance of 66.02 feetTo the Northerly right of way of said Shorewood Drive; thence the following 6 courses along the Northerly and Westerly right of way line of said Shorewood Drive: (1) N8952'21"E, a distance of 406.67 feet; (2) N58 58'12"E, a distance of 200.00 feet; (3) N89'45'43"E, a distance of 380.57 feet, to the point of curvature of a curve, concave Northwesterly, having a radius of 35.00 feet and a central angle of 9174'44"; (4) Northeasterly, along the arc of said curve to the left, o distance of 55.74 feet, to a point of tangency, (5) N0129'01"W, a distance of 818.09 feet, to the point of curvature of a curve, concave Southwesterly, having a radius of 35.00 feet and a central angle of 8845'16", (6) Northwesterly, along the arc of said curve to the left, a distance of 54.22 feet to a point of tangency and a point on the North line of Solana Lakes a Condominium; thence S89 45'43"W, along said North line, a distance of 962.78 feet; thence NO!29'01"W, a distance of 66.02 feet; thence S89 45'43"W, a distance of 251.32 feet; thence N00 42'17"W, a distance of 500.02 feet, to the POINT OF BEGINNING; Containing 35.95 acres, more or less. SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. 2. The bearings shown are based on a bearing of N89 43 34 along the north line of Section 14. 3. • Denotes a change in direction (no corner found or set). SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION. EXHIBIT "A" SHEET 2 OF 2 PREPARED BY SURVEYOR'S CERTIFICATION: o T T rE x`17 I hereby certify that the attached Property Description was prepared u . LLLi 1 �I under my direction, in accordance with all applicable requirements of I the "Minimum Technical Standards," for land surve ' g in the State of E ngineering, Inc. Florida, described in Chapter 61G17-6, Florida '• 'inistrative -.de, o I pursuant to Chapter 472.027, Florida Stotut = c o SURVEYORS - ENGINEERS 1 ' E •I'2 ' r INC. N 106 DIXIE LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 B Liiii 4 / 1:4 TELEPHONE: (321)783-7443 FAX: (321)783-5902 Not valid without the signature 'OBER M/ - MON CERTIF1CAIE OF AUTHORIZAAON # LB 266 and the original raised seal of a - OFF.SS'N SURVEYOR & Florida licensed surveyor and mapper. MAPPr" 3. FLORIDA REGISTRATION No. 4262 2. PREPARED AND CERTIFIED FOR: 1. CAPE CARIBE, INC. JOB Na 980129 I DATE 02-24-10 r E ( SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY TREE CONSERVATION EASEMENT POINT OF COMMENCEMENT N.W. CORNER OF SEC77ON 14-24-37 N.89'43:34 E. M80.45'4311 N , , 2,639,94' 11.60' il NORTH LINE OF SECTION 14-24-37 NOR7N 1/4 CORNER OF .^ POINT OF BEGINNING SECTION 14-24-37 g / CAPE CARIBE, INC. „ , SCALE: 1 =000 (4 .8945'¢2"E. 69.46 N.89'45'30"E. 6%?"'''""9 !"- 54.51',_ v 0:3 0 23 50 100 200 n C+ N.89 85'42"E. GRAPHIC SCALE 15.31 5 X SUBJECT PARCEL a 1\ CONTAINS 0.95 ACRES ± O p 0 2 10L3�• N.89 5 1"E c: 6.89'45'43U 251.32' A. 4,� L5 .1 ABBREVNnONS: Q C7,' R- RADIUS 0)(6 0a DELTA ANGLE NCO •- L10•ri�S Cg A"' ARC LENGTH .15.: �+.. .� S 89'45'431W. 192.93' �-4 SOLANA LAKES C CURVE TABLE LINE TABLE Ll 1.2 R=3 .5Q' R 4 5O' R=64.59' s.00•14'07-E. S.00'1475-E. D=90'00 01 D=43'40 27" D=82'54 11" 9.67' A--54.19' A=33,90' A=93.33' L4 EXHIBIT B C4 C5 C6 N.89'45.43 T. S.00'51'27-E. SHEET 1 OF 2 R=4.50' R=4.50'- R=15.00' 18.91' 15.55' D=46'2822" 0=90'0000 D=33'1 33" A=36.56' A=707' A=8.72' N.89'4g 43 E. N.00'14817"W PREPARED BY: C7 08 C9 91.00' 15.50' R=34.50' R=50.00' R.'82.00' L7 1.8 LLEN D A 22.469- 0=31•40'16''' 3 5.56'28'09U S.8 0 S f,31V tb i L9 L10 I ngineering, Inc. S.00"14'17"E. N,89'4543E. "1 35.00' 50.67' u 1.11 I S SURVEYORS - ENGINEERS o0.14'17E: o 0.75' 106 DIXIE LANE (P.O. BOX 321321) N COCOA BEACH, FLORIDA 32932-1321 0 TELEPHONE: (321)783-7443 FAX: (321)783-5902 rn CERT1F7CA7E OF AUTHORIZAnON if LB 266 J. SEE SHEET 2 OF 2 FOR DESCRIPTION, 2. SURVEYOR'S CERI7F7CA710N AND SURVEYOR'S NOTES. 1. PREPARED AND CERTIFIED FOR: DATE: 02-24-10 DRAWN BY: KSC CAPE CAR/BE, INC. JOB NO. 980129 SCALE: 1"=100' i DESCRIPTION NOT A BOUNDARY SURVEY TREE CONSERVA770N EASEMENT An easement to be used for tree conservation purposes only, lying in Section 14, Township 24 South, Range 37 East, Brevord County, Florida, being more particularly described as follows: Commence at the Northwest corner of said Section 14; thence N89 43'34"E, along the North line of said Section 14, a distance of 2,639.94 feet, to the North 1/4 corner of said Section 14; thence N89'45'43"E, along the North line of said Section 14, a distance of 11.60 feet, to the Northwest corner of the Cape Coribe, Inc. property; thence S0042'17"E, along the West line of said property, a distance of 291.27 feet, to the POINT OF BEGINNING of the herein described easement; thence N89'45'52-E, a distance of 69.46 feet; thence S0074'07"E, a distance of 9.67 feet; thence N89 45:30"E, a distance of 54.51 feet; thence S0074'15"E, o distance of 8.25 feet, to o point of intersection with a non-tangent curve, concave Northeasterly, having a radius of 34.50 feet and a central angle of 90'00'01"; thence Southeasterly, along the arc of said curve to the left, a distance of 54.19 feet (said arc subtended by a chord bearing S4574'17"E, a distance of 48.79 feet), to a point of tangency; thence N89'45'42"E, a distance of 15.31 feet; thence S0074'17"E, a distance of 106.00 feet; thence N8945'43 E, a distance of 18.91 feet, to the point of curvature of a curve, concave Southwesterly, having a radius of 4.50 feet and a central angle of 714'44"; thence Southeasterly, along the arc of said curve to the right, a distance of 5.65 feet, to a point of intersection with a non-tangent curve, concave Northeasterly, having a radius of 64.50 feet and a central angle of 8254'11"; thence Southeasterly, along the arc of said curve to the left, a distance of 93.33 feet (said arc subtended by a chord bearing S5946'40 E, a distance of 85.40 feet), to a point of reverse curvature with a curve, concave Southwesterly, having a radius of 4.50 feet and a central angle of 116'42'07"; thence Southeasterly, along the arc of said curve to the right, a distance of 9.17 feet, to a point of intersection with a non-tangent line; thence S0051'27E, a distance of 15.55 feet; thence N89 45 43"E, a distance of 91.00 feet; thence N0074'17"W, a distance of 15.50 feet, to the point of curvature of o curve, concave Southeasterly, having a radius of 4.50 feet and a central angle of 90'00'00"; thence Northeasterly, along the arc of said curve to the right, a distance of Z07 feet, to a point of intersection with a non-tangent line; thence N89'45'41"E, a distance of 2.33 feet, to a point of intersection with a non-tangent curve, concave Southwesterly, having a radius of 34.50 feet and a central angle of 56'42'26"; thence Southeasterly, along the arc of said curve to the right, a distance of 34.15 feet (said arc subtended by o chord bearing S6153'04"E, a distance of 32.77 feet), to a point of intersection with a line radial to said curve; thence S5628'09"W, a distance of 14.07 feet, to a point of intersection with a non-tangent curve, concave Northerly, having a radius of 15.00 feet and a central angle of 3377'33"; thence Westerly, along the arc of said curve to the right, a distance of 8.72 feet (said arc subtended by a chord bearing S7306'56"W, a distance of 8.59 feet), to a point of tangency; thence S89 45'43"W, o distance of 50.67 feet; thence S0074'17"E, a distance of 35.00 feet; thence N89'45'43"E, a distance of 50.67 feet, to the point of curvature of a curve, concave Northerly, having a radius of 50.00 feet and a central angle of 25'44'29"; thence Easterly, along the arc of said curve to the left, a distance of 22.46 feet, to a point of intersection with a non-tangent curve, concave Northerly, having a radius of 82.00 feet and a central angle of 3140'16", thence Easterly, along the arc of said curve to the left, a distance of 45.33 feet (said arc subtended by a chord bearing S742409 E, a distance of 44.75 feet), to a point of intersection with a line radial to said curve; thence S0074'17"E, a distance of a 75 feet, to the southerly line of said property,• thence the following 3 courses along said southerly line: (1) S89 45'43"W, a distance of 192.93 feet; (2) N0129 01"W, a distance of 66.02 feet; (3) S89 45'43"W, a distance of 251.32 feet, to the Southwest corner of said property, thence N0042'17"W, along the West line of said property, a distance of 208.75 feet, to the POINT OF BEGINNING; Containing a 95 acres, more or less. SURVEYOR'S NOTE& 1. THIS iS NOT A SURVEY. 2. The bearings shown are based on a bearing of N89 43'34 E along the North line of Section 14. 3. • Denotes a change in direction (no corner found or set). EXHIBIT `B" SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION. SHEET2OF2 PREPARED BY: SURVEYOR'S CER77F7CA77ON: I hereby certify that the attached Property Description was prepared LLEN under my direction, in accordance with all applicable requirements of E the "Minimum Technical Standards," for land sure ' g in the State of H ngineering Inc Florida, described in Chapter 61617-6, Florida inistroti Code, pursuant to Chapter 472.027, Florida Statute rn� SURVEYORS - ENGINEERS " AL �j i ' ERI G, MlC. 106 DIXIE LANE (P.O. BOX 321321) /� COCOA BEACH, FLORIDA 32932-1321 ;N / TELEPHONE: (321)783-7443 FAX: (321)783-5902 Not valid without the signature 'OBE'T .ALMON CERTIFICATE OF AUTHORIZATION # LB 266 and the original raised seal of a 'ROFESSI0f� SURVEYOR & Florida licensed surveyor and mapper. M•,'ER 3. FLORIDA R GISTRATiON No. 4262 2. PREPARED AND CERTIFIED FOR: 1. CAPE CARIBE, INC. JOB Na 980129 I DATE. 02-24-10 4e EttIII r. CITY Of CAPE CANAVERAL MEMORANDUM TO: Angie Apperson Interim City Manager FROM: Public Works Department City of Cape Canaveral DATE: February 24, 2010 RE: Cape Caribe Stormwater Management Issues Pursuant to your request, listed below are responses to recent questions raised concerning stormwater management issues at the Cape Caribe development located in the City of Cape Canaveral (City). Issue No. 1: Was the 5+ acres involved in the original stormwater approval for the Cape Caribe development or not? Response: Although the 5+ acres was not included in the original Florida Department of Environmental Protection (FDEP) stormwater permit for Cape Caribe(#05-0151977- 003), the stormwater analyses conducted for Solana Shores, Solana Lake, and Cape Caribe have always included the 5+ acres. Sheet No. 2 of the approved stormwater plans (dated January 2000) for the Solana Lakes project shows Cape Caribe including the 5+ acres. Prior to the approval of the Cape Caribe project by the City, the improvements depicted on the 5+ acres were removed from the site plan. However, Towne has always considered the full impact of the proposed improvements on the 5+ acres in the overall stormwater management system. Issue No. 2: If no, what is the process for including the additional 5+ acres in the process? Who are the parties involved? What has been done to date? What is the role of City staff, if any? What are the steps involved? What steps remain? What are the roles of the communities impacted by the stormwater system being proposed? What are the roles of Council in considering this? When will this occur? What did the Planning and Zoning Board consider-with the 5+ acres or without the 5+ acres? Response: The additional 5+ acres was included in the stormwater permit modification application submitted by Towne for Cape Caribe to the City. City staff and staff of Stottler Stagg and Associates (SSA)have already reviewed the stormwater management system report prepared for the site as part of the City's site plan review process. Comments resulting from these reviews include the following: (1) an emergency overflow system to Port Canaveral (Port) should be pursued, developed, and constructed (an easement will be required through Port property) and (2) a routine inspection of the stormwater ponds at Solana Lakes and Solana Shores should be conducted by a licensed engineer on a regular basis. Towne is moving forward on both of these issues. (Note: The existing stormwater system computations have been approved by City staff and the staff of SSA—both are in agreement with Towne that the existing stormwater system can adequately accommodate stormwater generated from impervious areas included in the Cape Caribe revised site plan [including the 5+ acres]). In addition, Towne continues to work with the Port and the FDEP on an emergency drawdown plan [see further discussion below]). Application Process: Towne has submitted a stormwater permit application for an Emergency Drawdown Plan to the FDEP for review and comment, and a meeting with Port staff has already occurred to discuss Port requirements for an easement agreement. The FDEP will review the application and issue comments (if any). As a second part to the stormwater plan, Towne has agreed to submit a stormwater permit modification application to the FDEP including an outfall system changing the ponds from a wet retention to a wet detention stormwater system. After the FDEP is satisfied that their comments have been addressed and that the proposed stormwater system meets all FDEP requirements, a notice will be published in the local newspaper requesting comments from the general public. At that time, all area residents can issue comments to the FDEP concerning the proposed stormwater permit application. The FDEP will then review the general public comments and request any revisions to the application as appropriate. If the FDEP is satisfied that all comments have been addressed, a stormwater permit modification will then be issued to existing FDEP Permit#05-0151977-003. City staff will be involved during the entire process—mostly in a monitoring role since City staff (and staff of SSA) has already commented on the proposed stormwater management plan submitted by Towne as part of the City's site plan review process. Port staff will also be involved since an easement will be required through Port property to construct the proposed stormwater improvements. City Council's Role: The City Council's role will be to work with City staff and Towne as the application process moves forward. The City Council may wish to request changes to the Towne stormwater management plan since the City Council will have final approval of the proposed Developer's Agreement. However, any requested changes should be in accordance with FDEP regulations for stormwater management systems. The City Council (and City staff)may wish to comment on any portion of the application as details are worked out and the process moves forward. The entire application process could take several months or longer depending on the number and types of comments (if any) issued by the FDEP, City staff(and staff of SSA), and the general public. The Planning and Zoning Board recommended approval of the Cape Caribe revised site plan on January 27, 2010 with the understanding that the 5+ acres were included in the stormwater calculations and would be included in the revised FDEP stormwater permit application. Issue No. 3: General question: Overall, what agencies, including the City of Cape Canaveral, are involved in stormwater system review and approval for properties in the City of Cape Canaveral? Response: City staff(and staff of SSA) reviews proposed stormwater management systems (site plans) for adherence to City stormwater ordinances (Chapter 90, Article IV for permitting, design, and performance standards and Chapter 82 for construction methods and materials) as well as other regulatory stormwater requirements (i.e., the St. Johns River Water Management District [SJRWMD] and the FDEP). All stormwater permit applications are reviewed by either the SJRWMD or the FDEP. However, stormwater permit applications are not typically submitted to the FDEP or the SJRWMD prior to local site plan approval. Originally, the FDEP reviewed the Solana Shores/Solana Lakes/Cape Caribe stormwater permit application because of the proposed project dune crossovers which required FDEP approval. The SJRWMD agreed that the FDEP should review the stormwater permit application as well since both entities follow the same guidelines. The City does not have the statutory authority to issue stormwater permits. Issue No. 4: Is the City a part of the process, or not? If so, what is the City's role? What is the stormwater system review and approval process and timelines, whether the City is involved or not, with properties in the City of Cape Canaveral? Response: Most of these issues have been discussed above. City staff(and staff of SSA) has already commented on the proposed stormwater management system improvements at the Cape Caribe development as part of the City's site plan review process. City staff will continue to act in a monitoring role throughout the application process. Process updates will be requested from Towne and forwarded to the City Council as requested. The actual permitting timeline will be dependent upon the number and types of comments issued (if any)by the FDEP, City staff(and staff of SSA), and the general public. Prior to any construction at the site, Cape Caribe is required by Florida Statute to obtain the subsequent stormwater permit (after local site plan approval) from the FDEP. Stormwater Review Process: In general, prior to being presented to the Planning and Zoning Board (P&Z), City staff and staff of SSA review developer site plans as part of the City's site plan review process. Specifically, site plans are submitted to the Community Development Department (CDD) as the central "hub" for permitting. They then forward the site plans to the Public Works Department and staff of SSA for review/comment of the proposed stormwater management systems (and other relative elements). Review of the site plans is typically completed by City staff within two weeks —a memorandum from the Public Works Department is then forwarded to the CDD detailing results of the review. A formal letter is submitted to the CDD by SSA detailing 1 the results of their site plan review. These comments are coupled with all other departmental reviews (e.g., Building, Fire, and Zoning) and forwarded to the applicant. All of this flows through the CDD "hub" for a "one-stop" experience for the applicant. If there are unresolved comments from any department, a subsequent re-submittal will be required. When this happens, the process is repeated until all comments are satisfactorily addressed. When a department's comments are satisfied, that department will forward a memorandum to the CDD indicating approval of the site plan. When all departmental approval memorandums have been received at the CDD, the site plan is placed on an upcoming P&Z Board agenda for recommendation to City Council. All approval memorandums are included in the packet. Stormwater Issues: Some of the issues that City staff(and staff of SSA) currently reviews concerning stormwater management systems (including Cape Caribe) are as follows: • Applicable design standards (e.g., 25-year storm event); • Stormwater treatment volume of detention ponds, retention areas, etc. • Stormwater residence time; • Recovery time of water quality treatment; I • Soils information(boring logs); • Pre- and post-development analysis; • Subsurface exploration reports; and • Computer modeling results. In general, City staff and the staff of SSA review all stormwater designs and computations for compliance with the City's Code of Ordinances. Issue No. 5. Does Cape Caribe currently have the legal right by easement or declaration of covenant to discharge stormwater from the 5+ acres into the two existing Solana ponds? If yes, I would like to review these documents. Response. The issue of stormwater easements or declaration of covenants within private developments is not typically an issue for review by City staff when reviewing proposed stormwater management systems as part of the City's site plan review process. These issues are typically resolved between the developer and the private property owners. City staff reviews the stormwater management system for the issues stated above —not private legal agreements (e.g., easement documents or condo documents)between the developer and private property owners. (Note: Cape Caribe has the legal right to discharge stormwater into the Solana ponds as detailed in the Restated Drainage and Retention Easement Agreement which was recorded May 5, 2000.) Issue No. 6. Do staff and the City Engineer preliminarily believe the Solana ponds have sufficient storage capacity to handle the modified site plan and particularly the stormwater runoff from the additional 5+ acres, with or without a discharge pipe into the port canal? Response. Towne has submitted (through their engineering consultant) stormwater calculations for the proposed stormwater management system at Cape Caribe(see the revised site report dated 09/24/09). Based upon the results of the computer calculations and the subsurface investigations performed at the site, the existing stormwater management ponds have sufficient storage capacity to manage the increased stormwater flow from the 5+ acres. The PONDS model was used to predict the effects of infiltration on stormwater management systems—this is a frequently used model used to evaluate new and existing stormwater management systems. (Note: The proposed stormwater management system also includes approximately 1%-mile of exfiltration pipes. A significant portion of stormwater generated from the increased impervious areas will be infiltrated into the native soils through these infiltration pipes. Not all stormwater generated from the new impervious areas will flow to the existing stormwater ponds.) Issue No 7. Briefly explain the extraordinary permitting issues related to discharging stormwater into sensitive water bodies such as lakes, rivers, streams, and oceans. In other words, the proposed direct discharge of untreated or partially treated stormwater from the Solana ponds into the port canal (ocean)must address numeric nutrient standards (TMDL) imposed by FDEP and EPA. I suspect that these requirements may hamper or prohibit Cape Caribe from regularly discharging stormwater from the Solana ponds to the port canal. If so, this must be clearly said because it is a significant factor relevant to what the City or community can reasonably demand of Cape Caribe. Additionally, it may be helpful to the Council and community if staff explains the distinction between the TMDL issue related to the discharge pipe and the stormwater capacity issue of the two Solana ponds. Response.After Tropical Storm Fay, the FDEP issued a permit to the City to pump stormwater from the northeastern portion of the City over the coastal dune directly into the Atlantic Ocean. This was the result of an emergency situation which had implications to human health and safety. The permit that was issued also required (1) the closure of the Jetty Park Beach, (2) announcements of the park closure to numerous media outlets (i.e., negative publicity), and (3)the performance of water quality testing. Based upon preliminary discussions between the FDEP and City staff, the FDEP appears amenable to the discharge of stormwater from the Solana Lakes ponds to the Port ship channel in emergency situations to eliminate the potential future pumping of stormwater over the coastal dune into the Atlantic Ocean (and the associated beach closings, water quality testing requirements, etc.). Towne has also had numerous discussions as well as a pre-application meeting with the FDEP regarding(1) an emergency stormwater discharge system (in the case of a large storm event) and (2) a"bleed-down stormwater system" which would lower pond levels if the levels were excessively high. For either system (emergency or non-emergency), specific stormwater regulations will apply. Based upon the results of these discussions and the pre-application meeting, the FDEP also appears amenable to the discharge of stormwater to the Port ship channel in non-emergency situations ("bleed-down stormwater system"). These issues will be further investigated and addressed by the FDEP in the permit application process for Cape Caribe. Although Total Maximum Daily Loads (TMDLs) is an important stormwater issue to the City and the Port, the bigger issue in this case would be the direct discharge of stormwater from the Solana ponds to the Atlantic Ocean in emergency and non- emergency situations. Telephone conversations between City staff and the FDEP indicate that pumping stormwater over the coastal dune is a"worst case scenario" in the view of the FDEP. Issue No. 8. At this time, should the City take a more proactive role in Cape Caribe's FDEP stormwater and discharge permit application, or should the City just monitor whatever application Cape Caribe submits to FDEP? In other words, are there specific stormwater and discharge design requirements that the City wants/prefers Cape Caribe to pursue, and should the City take a proactive role in the application process? If so, what does the staff and the City Engineer recommend? Response. City staff and the staff of SSA have already commented numerous times on the proposed stormwater management system for Cape Caribe. These comments were issued as part of the City's site plan review process. These comments have been adequately addressed to the satisfaction of City staff and the staff of SSA. Therefore, City staff will continue to monitor the permit application process. Monitoring of this process may include regular telephone conversations with the FDEP, information requests of Towne, discussions with Port officials, etc. Final Note. The existing stormwater management system at Cape Caribe has been previously permitted by the FDEP (for up to 100-year storm events) and approved by the City. Under existing City codes and stormwater regulations, Cape Caribe is in full compliance and is not statutorily required to construct any changes to the existing system. Stormwater calculations submitted to City staff, the staff of SSA, and the FDEP show that the existing stormwater management system has adequate storage capacity to manage stormwater generated from additional impervious areas proposed for Cape Caribe within its revised site plan, including the 5+ acres. (Note: It should again be noted that Tropical Storm Fay was, at a minimum, a 200-year storm event. There are no current stormwater-related statutes that require stormwater management systems to be designed to manage stormwater from 200-year storm events. City of Cape Canaveral Staff Rec omme d don for App ov l Cape Caribe Revised Site Plan . ( ( . [ [ ( [ ( ( [ ( [ ( [ { . [ � [ [ . ( . [ ( [ ( { ( { \ ( ( ( { ( ( ( . � ( � [ [ ( { , ( { ( [ j. pF Y r 1 .,,Agt Q1 < R r I { ' s d E CITY OF CAPE.CANAVERAL , MEMORANDUM TO: Barry Brown Planning and Development Director 1 THROUGH: Walter Bandish Public Works Director f FROM: Jeff Ratliff [ Assistant Public Works Director • t z City of Cape Canaveral 868-1240 DATE: 12/01/09 t RE: Cape Caribe 4th Site Plan Review—Public Works Public Works has reviewed the referenced site plan submittal and has no further comment. City staff recently attended a meeting between the Developer and Port Canaveral officials—the proposed project to alleviate future flooding concerns(pump drawdown system)is moving toward resolution. , i i f i I i i i i F r t gAg S. 4. a,4 I ssApppp''. 5 December 7, 2009 I • l I t Barry Brown Planning & Development Director City of Cape Canaveral 7510 N Atlantic Ave Cape Canaveral, FL 32920 I RE: Site Plan Review#4 Cape Caribe SSA#06-0025 057-1004 1 Dear Barry: t l Stott ler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) has reviewed the above-referenced project and based on our review, SSA recommends said plan for City approval f This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, t I Stott ler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE City Engineer I cc: Susan Chapman, City of Cape Canaveral Fist; r� City Engineer's Review Fee for Review #4 — $332.50 NOTICE OF ADDITIONAL FEES is t: As this project is being reviewed under the original City contract, ■ Engineering Fees for all reviews after 2nd review will be billed at$95.00 per hour. 2 f z STOTTLER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS,INC- 8680 North Atlantic Avenue P.O.Box 1630 Cape Canaveral,Florida 32920 Tel 321-783-1320 Fax 321-783-7065 P:105-0025105 -',0041RAI-Cape Caribe Site Plan Re i6 00329 #EB0000762 #L80006700 Susan Chapman From: John Cunningham fjcunningham @ccvfd.org] Sent: Tuesday,August 26,2008 2:16 PM To: chapman-cape @cfl.rr.com Subject: Re: Cape Caribe/Site Plan Changes • 1 Susan, I have reviewed the site plan changes and have no comments at this time. Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) named. If you are not an a addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e- mail and destroy the original message and all copies. Messages sent to and from us may be monitored. (v.le) • rt€ { { 08/26/2008 City of Cape Canaveral, Florida P&Z Board January 27, 2010 STAFF REPORT Request: For site plan approval of revised site plans for Cape Caribe. Applicant: Michael S. Allen Owner of property: Cape Caribe, Inc. Subject property: Cape Caribe Resort Future Land Use and Zoning designation: R-3 Residential and C-1 Commercial Surrounding zoning: North— Port Canaveral and Jetty Park East—Atlantic Ocean South — R-3, Residential West— M-1, Industrial • Surrounding uses: North— Port Canaveral and Jetty Park East— Atlantic Ocean South— Solana Lake and Solana Shores West— Coastal Fuels History and Description A site plan dated June 27, 2001 was approved for the Cape Caribe resort. The applicant is proposing to reconfigure some operations on the existing property and add a 5 acre parcel to the project. On the previously approved portion of the site plan the applicant is proposing to provide additional parking, the removal of a building, extension of the existing pool deck, and a minor revision to two building footprints. The addition of the 5 acre parcel of land adjacent to the western boundary of the existing project will bring the total area of the project to 35.95 acres. The proposed development on the 5 acre parcel will include two 5 story hotel buildings containing 75 units each, an elevated parking deck, and the preservation of 1.2 acres over the southwest corner of the site. These changes have necessitated a revision to the site plan as well as a comprehensive plan amendment, rezoning, and development agreement. The comp plan amendment and rezoning were heard by the P&Z Board on Feb. 27, 2008 and the Board recommended approval. The comp plan and rezoning requests had a first 1 reading with Council on March 18, 2008. At the second reading on April 1, 2008, the requests were tabled until revised site plans were prepared. Recently, the development agreement has been to the City Council in a series of three • workshops. It will be formally heard by the Council subsequent to P&Z review of the revised site plan. Upon P&Z Board review and approval, the revised site plan will be forwarded to the City Council along with the comp plan amendment, rezoning, and development agreement for review and final decision. Staff Recommendation to the Planning and Zoning Board Staff has reviewed the revised plans and recommends approval subject to the conditions of the development agreement. • • • 2 55 6' JAN AL Ldm aa so w1 ��' I y y r !t M.1 Uv nr` ..3 1 t •�i I +..Mk N . 1*4 .nom• - i i a. r �' y f -•'" 411 7 ''i What is,Car)e Caribe? ➢ Family oriented World Class Timeshare Resort that is open to owners and nightly guests. ➢Employment Center— gobs ➢Contribute to Tax Base ➢Support to Local Business and Tourist Dollars io" CA Why are we here tonight? Request City Council approval of our revised development plans for Cape Caribe Resort. ■ Small scale FLUM Amendment (Ord. # 02-2008) ■ Rezoning of 1.2 acres (Ord. # 03-2008) ■Adopt the Binding Developer's Agreement • Amending the 2001 Approved Site Plan 0 ape Caribe Resort Project Timeline Planning meeting with City Staff and Community 2006-20'r Submitted application to Amend Site Plan in late 2007 Feb. 2008 1St Public Hearing (P&Z) Comp Plan &Zoning Mar. 2008 2nd Public Hearing (Council) Comp Plan & Zonin (Tabled to include the site plan w/Binding Dev. Agreement) Held numerous meetings with stakeholders and neighbors July 2008 - Resubmitted our Revised Site Plan Aug 2008 — Nov. 2009 City review process Dec. 9th 2009 met with residents of Shorewood Cape Caribe Resort Project Timeline continued ■Dec 2009 met with Shorewood, Solana Shores & La ■Dec. 15, 2009 held the 1st Workshop with City Coui ■Jan, 5, 2010 held the 2nd Workshop with City COunUi ■Jan. 19, 2010 held the 3rd Workshop with City Council ■Jan. 20, 2010 met with residents of Solana Lake ■Jan. 27, 2010 1st Public Hearing (P&Z) Revised Site Plan ■Feb. 11th, 2009 joint meeting with FDEP &Solana Lake CA" C� Cape Caribe Resort Current Development MEW A V A < 0 L VI MMT - Jett v Park 0.74 If r oe Solana I • I • • • dip 77 a g �1,r �� A l Z Tr — • a "i. o >Ridgewood y W ,► ..a ► ' 1 • a e'. IY ' - a�+�M , `fie Image US Geolog,cal Suivey 2009 Google O Imageiy Date Mar 1, 2006 28;24'17 82'N 80 35'44,62'W Eve alt 827 tt, Cape Caribe Resort Zoning &end Use R111 llyW su. C � )„35:44_43' WW cArl call Cape Caribe Resort Zoning & Land Use ➢ Small scale FLUM Amendment (Ord. # 02-2008) ➢ Zoning Map Change (Ord. # 03-2008) , Cape Caribe Resort Approved Site Pla .... . . . . . . ni An W4 i 7-71, E� r i r CAPE CARNE 0 Ocean Front Building Pp �Ojo'# P4001 '. I Cm CA214' Add lh Re mo Rem! Min6 Cape Caribe Resort Rovicorl Ci+o Din w T. BLDG 7 -Area of deck CAPE CARISt J C ti coir ca Cape Caribe Resort Revised Site Plan s since sncr .� �• moi:'0 BLDG , 1 " o 1 ) �M—�� •'" � 'APE CARIiE ` - _ I . o ' 1 CA/t CAVA pe Caribe Resort finding Developer's Agreement Main Issues ➢ Duration and Phasing of the Project ➢ Concurrency Reservation ➢ Landscaping & Tree Mitigation Storm Water Design and Drawdown Plan I'�QpN Cape Caribe, Inc. 1000 Shorewood Drive, Suite 200, Cape Canaveral, Florida 32920 (321) 784-8093 Fax: (321) 784-3644 March 1, 2010 Mayor Rocky Randels 105 Polk Avenue Cape Canaveral, FL 32920 Re: Solana Lake Letter dated February 11, 2010 Dear Mayor Randels: We were provided a copy of the above-referenced letter from the Board of Directors of Solana Lake Association, Inc. ("Association") and offer the following response. The Association referenced the "land records" that authorize Cape Caribe's use of the adjacent ponds for stormwater retention. It is worth noting that this record is an easement agreement recorded in the Brevard County Public Records on November 4, 1999 and amended on May 10, 2000 and recorded on May 11, 2000 ("Private Agreement"). Additionally, the first condominium was closed in the Solana Lake project on March 30, 2001, almost a year after the Private Agreement was recorded and we disclosed this Private Agreement in each purchaser's condominium documents and again in their Title Insurance Policies. Disclosure of Cape Caribe's intent is certainly not an issue. The existing stormwater system can accommodate Cape Caribe's revised site plan as supported by our project engineer and the City Public Works Department. We have held numerous meetings with the Association exploring possible remedies associated with their concerns over the stormwater design that serves the Solana Shores, Solana Lake and Cape Caribe projects. The Association appointed Mr. Arlyn DeBlauw, the current Association president, to act as liaison for the Association relative to stormwater issues. As such we invited Mr. DeBlauw to attend a meeting on February 11 , 2010 in the Orlando office of the Florida Department of Environmental Protection ("FDEP") with our project engineer. The purpose of the meeting was to review our submitted application for an emergency drawdown plan and to explore a possible bleed down/outfall system ("Stormwater Plans"). Attached hereto are the abbreviated minutes provided by FDEP of this meeting. In the spirit of cooperation we believe we are making positive progress in these efforts. The Association requested the City Council to evaluate five items in their letter. We offer the following comments. Mayor Rocky Randels March 1, 2010 Page 2 a. The "high" and "low" water level in the ponds, if approved, will be determined by FDEP. b. The "low" water level in the ponds, if approved, will be determined by FDEP. c. The Association's responsibility for culvert maintenance and repair is clearly established in the decade old Private Agreement which was recorded prior to any Solana Lake unit owner sale and was disclosed in each unit owner's condominium documents and Title Insurance Policy. d. The Association's responsibility for Solana Lake maintenance and repair is clearly established in the decade old Private Agreement which was recorded prior to any Solana Lake unit owner sale and was disclosed in each unit owner's condominium documents and Title Insurance Policy. e. Cape Caribe is pursuing approval of the Stormwater Plans pursuant to the Binding Developer's Agreement terms as recently drafted and before the City Council on March 2, 2010. Everyone should understand that we have mutual interests along with the Association and the City as evidenced by Cape Caribe's desire to pursue a reasonable solution for the benefit of the community. Thank you for your consideration and please let us know if you have any questions. Respectfully submitted, Cape Caribe, Inc. I •' n Grandlich ice President cc: Solana Lake Association, Inc do Arlyn DeBlauw, President CAPE CARIBE, INC DEP STORM WATER PERMITTING TIMELINE FEBRUARY 2010 During the initial stages of Solana permitting and due to the beach cross over permitting it was determined that DEP (rather than St John's) would over see the permitting process for the storm water system for Solana Development. 1. Original Storm Water Permit for finalized Solana Shores site plan was submitted on 2/17/1999 with permit received on 5/24/1999. 2. Cape Caribe entered into an option to purchase 10 acres located on the western edge of the timeshare site (and is a part of the 5 acres being added to the revised site plan) from Phil Ruffin on 9/8/1999. 3. Original Drainage and Retention Easement Agreement dated 11/1/1999 and recorded 11/4/1999. 4. Modified Storm Water Permit to include fmalized Solana Lake site plan on 6/22/99 with permit received on 1/26/00 (Note: the stormwater computations included the 5 acres for Cape Caribe). 5. Cape Caribe purchased 10 acres/5 acres being added to revised site plan from Phil Ruffin on 2/18/2000. 6. Restated Drainage and Retention Agreement dated 5/10/2000 and recorded 5/11/2000 (This "Private Agreement" allows Cape Caribe to use Solana Lake for its stormwater). 7. Modified Storm Water Permit to include the finalized Cape Caribe Resort site plan for the 5 buildings to be constructed and the 5 acre hotel site submitted on 3/26/01 and received the permit on 4/24/02. 8. Sold first unit at Solana Lake on 3/30/2001. Note the Private Agreement per item 6. above was recorded before any unit closed at Solana Lake and was disclosed in each unit owner's condominium documents and title insurance policy. 9. Modification of the Storm Water Permit to include the newly revised Cape Caribe Site Plan to be submitted to DEP upon Cape Canaveral City Council approval of revised site plan. 3 LP1L tDEC LAVATI o U OF Co4boMi &w4 systems including,but not limited to,work within retention areas, drainage structures and drainage easements. E. Easement for Access and Drainage: The Association shall have a perpetual non- exclusive easement over all areas of the surface water or stormwater management system for access to operate, maintain or repair the system. By this easement, the Association shall have the right to enter upon any portion of the common elements which is a part of the surface water or stormwater management system, at a reasonable time and in a reasonable manner,to operate, maintain or repair the surface water or stormwater management system as required by the St. Johns River Water Management District permit. Additionally, the Association shall have a perpetual non-exclusive easement for drainage over the entire surface water or stormwater management system. No person shall alter the drainage flow of the surface water or stormwater management system, including buffer areas or swales, without prior written approval of the St. Johns River Water Management District. F. Amendment: Any amendment to the Declaration of Condominium which alter any provision relating to the surface water or stormwater management system, beyond maintenance in its original condition,including the water management portions of the common elements must have the prior approval of the St. Johns River Water Management District. G. Enforcement: The St. johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in the Declaration of Condominium which relate to the maintenance, operation,and repair of the surface water or stormwater management system. H. Swale Maintenance: The Developer has constructed a Drainage Swale upon the common elements for the purpose of managing and containing the flow of excess surface water, if any, found upon such common elements from time to time. Thy Association shall be responsible for the maintenance, operation and repair of the swales on the common elements. Maintenance, operation and repair shall mean the exercise of practices, such as mowing and erosion repair,which allow the swales to provide drainage, water storage, conveyance or other stormwater management capabilities as permitted by the St. Johns River Water Management District. Filling, excavation,construction of fences or otherwise obstructing the surface water flow in the swales is prohibited. No alteration of the Drainage Swa1P w_ - - any damage to ant, % DM Charlie Crist Florida Department of Governor / , Environmental Protection Jeff Kottkamp Lt.Governor FL( D A ■' Central District 3319 Maguire Boulevard,Suite 232 Michael W. Sole Orlando,Florida 32803-3767 Secretary Solana—Cape Caribe Meeting on February 11, 2010 Attendees: Kenneth L.Ward(Homes by Towne); Mike Allen(Allen Engineering);Arlyn Deblauw (President, Solana Lakes HOA); Debra Laisure (DEP ERP Stormwater); Leo Anglero(DEP ERP Stormwater) NOTES: ➢ Meeting was held at the DEP office at 10:00am in Conference Room C. ➢ This development was significantly impacted by Tropical Storm Fay and they are looking for ways to prevent/relieve the potential for flooding issues in case a similar storm event occurs in the future. ➢ They have an application in-house to construct an emergency,pumped drawdown system that can lower the water level in their stormwater ponds in case of an impending tropical storm or hurricane. The proposed drawdown system would discharge to the Atlantic Ocean through stormwater discharge pipes owned by Port Canaveral. ➢ The current stormwater management systems (SWMS)is wet retention(designed to hold runoff from the 100-yr storm). They are going to propose converting these ponds to wet detention ponds by constructing a pumped"bleed down"system. ➢ They are also looking to expand the Cape Caribe resort and are considering revising their submission to include all of the work. It was suggested that a waiver of the 30-day review clock be provided to waive the time clock to allow the design of the expansion to be finalized. Once finalized the information can be submitted to the Department and review will start again. (As of February 17, 2010,the applicant and consultant have indicated that they wish DEP to continue to process the current application for the emergency pumped drawdown.) ➢ Since the project is proposed to be discharging into the Atlantic Ocean, a Pre/Post analysis is not required. ➢ Staff recommended getting a good head start with FFWCC on lighting issues. ➢ Based on the information provided in the meeting, DEP's staff see no issues that would make the proposed work un-pennittable. "More Prolecnon-Less Process" www.dep.stars.fl.us aril 2010 Tue Wed Thu Fri Sat Mon Sun 1 2 3 11:00-16:00 (1) 09:00-15:00 (2) 16:00-22:00 (2) 15:00-22:00 (3) 4 5 6 7 8 9 10 09:00-15:00 (1) 15:00-21:00 (2) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-16:00 (1) 16:00-22:00 (2) 09:00-15:00 (2) 15:00-22:00 (3) 11 12 13 14 15 16 17 09:00-15:00 (1) 15:00-21:00 (2) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-16:00 (1) 16:00-22:00 (2) 09:00-15:00 (2) 15:00-22:00 (3) 18 19 20 21 22 23 24 09:00-15:00 (1) 15:00-21:00 (2) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-16:00 (1) 16:00-22:00 (2) 09:00-15:00 (2) 15:00-22:00 (3) 25 26 27 28 29 30 09:00-15:00 (1) 15:00-21:00 (2) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-19:00 (1) 11:00-16:00 (1) 16:00-22:00 (2) Mav 2n 1 n Sun Mon Tue Wed Thu Fri Sat 1 09:00-15:00 (2) 15:00-22:00 (3) 2 Exhibit Clean-up Day Not open to public 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 OPTION I - OF'F DUTY DETAIL THIS OPTION CONSISTS OF CONTRACTING THE BREVARD COUNTY SHERIFF'S OFFICE DETAIL COORDINATOR TO CONTRACT FOR DEPUTY SERVICES. THE OVERALL COSTS FOR THIS OPTION IS AS FOLLOWS: MONTH TOTAL HOURS NEEDED TOTAL COST APRIL 417 $ 13,344.00 MAY 33 $1,056.00 TOTALS: 450 $ 14,400.00 OPTION 2 -- ASSIGNING ONE SPECIAL OPERATIONS DEPUTY THIS OPTION CONSISTS OF UTILIZING ONE BREVARD COUNTY SHERIFF'S OFFICE SPECIAL OPERATIONS DEPUTY. THE OVERALL COSTS FOR THIS OPTION IS AS FOLLOWS: MONTH TOTAL HOURS NEEDED TOTAL COST APRIL 244 $ 7,808.00 MAY 33 $1,056.00 TOTALS: 277 $ 8,864.00 e- 01-Ctv•••14144 LAKE cie►tattfrl oti CF COMI &tU4 systems including,but not limited to,work within retention areas, drainage structures and drainage easements. E. Easement for Access and Drainage: The Association shall have a perpetual non- exclusive easement over all areas of the surface water or stormwater management system for access to operate, maintain or repair the system. By this easement, the Association shall have the right to enter upon any portion of the common elements which is a part of the surface water or stormwater management system, at a reasonable time and in a reasonable manner,to operate,maintain or repair the surface water or stormwater management system as required by the St. Johns River Water Management District permit. Additionally, the Association shall have a perpetual non-exclusive easement for drainage over the entire surface water or stormwater management system. No person shall alter the drainage flow of the surface water or stonnwater management system, including buffer areas or swales, without prior written approval of the St. Johns River Water Management District. F. Amendment: Any amendment to the Declaration of Condominium which alter any provision relating to the surface water or stormwater management system,beyond maintenance in its original condition,including the water management portions of the common elements must have the prior approval of the St. Johns River Water Management District. G. Enforcement: The St. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in the Declaration of Condominium which relate to the maintenance, operation,and repair of the surface water or stormwater management system. H. Swale Maintenance: The Developer has constructed a Drainage Swale upon the common elements for the purpose of managing and containing the flow of excess surface water, if any, found upon such common elements from time to time. ThP Association shall be responsible for the maintenance, operation and repair of the :Y swales on the common elements. Maintenance,operation and repair shall mean the exercise of practices, such as mowing and erosion repair,which allow the swales to provide drainage, water storage, conveyance or other stormwater management capabilities as permitted by the St. Johns River Water Management District. Filling, excavation,construction of fences or otherwise obstructing the surface water flow in the swales is prohibited. No alteration of the Drainage Swale shall be authorized and any damage to any Drainage Swale, whether caused by natural or human-induced phenomena,shall be repaired and the Drainage Swale returned to its former condition as soon as possible by the Association. _ 300IV. AGREEMENTS Each owner in SOLANA LAKE, a Condominium acknowledges the existence of the Water and Sanitary Sewer Cost Sharing and Easement Agreement recorded in Official ds Book 3980,Page 2038, as amended by Amendment to Water and Sanitary Sewer Cost Sharing and Easement Agreement dated February 18,2000 recorded in Official Records Book 4122,Page 1983,the Port Road Easement Agreement recorded in Official Records Book 3980, Page 2026, as amended by amendment to Port Road Easement Agreement dated February 18,2000 recorded in Official Records Book 4122,Page 1990, Agreement dated March 5, 1999 recorded in Official Records Book 4034, Page 0589,Beach Access Easement recorded in Official Records Book 4087,Page 2699, as amended by First Amendment to Beach Access Easement Agreement recorded in Official Records Book 4162, Page 2512,the Drainage and Retention Easement recorded in Official Records Book 4087,Page 4 2708, as amended by the Restated Drainage and Retention Easement recorded in Official Records, Book 4162,Page 2522 and the Fifth Amendment to Entrance Road Easement Agreement recorded in Official Records Book 4087, Page 2686, as amended by Sixth Amendment to Entrance Road Easement Agreement dated February 18,2000 recorded in Official Records Book 4162,Page 2547, 38 Declaration You are invited... V• I • P. SNEAK PEEK4 ,_ __ __ I NfEiOJ%iA L EXHI131T i MEET OUR WORLD—CLASS MASTER SAND SCULPTORS di V k ' - a . , . ,,,,..-- 6411 . Off(- -. \\10/ 1? ,• '——74 41,4 \ • . JILL HARRIS THOMAS KOET KATSUHIKO DAMON ILYA KAREN MARJON MICHEL LEONARDO Melbourne,Florida Melbourne,Florida CHAEN FARMER FILMONTSEV FRALICH KATERBERG LEPIRE UGOLINI Kagoshima,Japan Versailles,Kentucky Moscow,Russia Toronto,Canada Amsterdam, Quebec,Canada Fiumana,Italy The Netherlands Dr �th e �{ ., MpY AL AIRY before this • international exhibit officially opens and meet the artists . . who build these amazing sculptures. r Lituld4.0.14VIE The public's ticketed event .ONLY till Awl: ._ . ..* i. to hang with these artists t — ■ _,API4tt;/..1.,2\_ . 6PM Ahe 1. uu o per person Includes Location Where the Beachline meets AlA in Cape Canaveral (beside the Radisson Resort pass to the festival at the Port) of sand ,. , . . , .. 2011! A LITTER FREE,RESPONSIBLE EVENT . , riteitiga,,1 C tig.com, . 1 It' s Coming April_ _ 1 IllS . . . • I ..,. . .. i . _ .. - • 1.. po _.. . •• MONUMENTAL ART. SPECTACULAR DETAIL. SCULPTING COMPETITIONS. Y1 jib A MONTH LONG MEET OUR E Sand Sculpting FESTIVAL k�A, INTERNATIONAL '% benefitting the ' SCULPTORS at ! ► ARTS in BREVARD. WA. ArtofSandUS.com Co r. _ . �'w Location �� � , „ Where the Beachline meets ,r - �., :`� AlA in Cape Canaveral u;. �� (beside the Radisson Resort 15' HIGH a, . ,. i --.., y,y� ,„ at the Port} 810 —3U' .� � Ati , at base e. r t :k;.= ��t.� eiml 4. ' i..) ,.11 , 0.1 I .,,, Milii: 4, z a f ' ,' IS, sand y 41111110114 10.1 2010 - r 1 _ - -. . A LITtEA FREE A ' Get detailsSAND, SUN & FUN at ArtøfSandU&com p FLORIDA TODAY is a proud sportsor,of this community.event. K 3 2 A MONTH - LONG SAND SCULPTING FESTIVAL attotithe The Art -` Sand APRIL 2-MAY 1 sand Artot'SaIndUS.com s Proceeds benefit the Arts in Brevard County ON FLORIDA'S SPACE COAST 1. Overview: The Art of Sand Exhibition invites nine of the world's most renowned sand sculptors to Florida's Space Coast to create a series of totally unique and enormous masterpieces out of almost 700 tons of beautiful white sand. 4 ilk; - "4° 0111) 40044 ". • JILL THOMAS KATSUHIKO DAMON ILYA KAREN MARJON MICHEL LEONARDO HARRIS KOET CHAEN FARMER FILMONTSEV FRALICH KATERBERG LEPIRE UGOLINI MELBOURNE MELBOURNE KAGOSHIMA VERSAILLES MOSCOW TORONTO AMSTERDAM QUEBEC FIUMANA FL FL JAPAN KY RUSSIA CANADA THE NETHERLANDS CANADA ITALY Each artist is invited to create spectacular sculptures, all depicting a different art form. When they are done they will have transformed the sand into a park of breathtaking sculptures, some reaching an incredible height of 15 feet! • Spectacular artistic displays • Live entertainment and art exhibits • Competitions featuring world-renowned professionals, amateurs and students • Delicious food • Fun events for the entire family Event Dates April 2 - May 1, 2010 Location Where the Beachline meets A1A next to the Radisson Resort at the Port Event Hours Mon-Thu: 11am - 7pm ( Fri: 11am - 10pm , rti ' Sat: 9am - 10pm Sun: 9am - 7pm > - .-..... " sand Admission $8 adults $4 children under 12, seniors & military personnel iW+ , \,..., „,, ,...., __--, --, -iw ,‘ ,4 i_ r 1 ,,_, r , * 1.„, „-.., T VA) •`•4*:4 I. ,. r eS14.'''' ' --;7 'P. ,, ' A . . ,,,,-. -v--4-...-- t 1 ,004 - - k*.11„ - '‘,/ ---"'s: , \'` ' ✓ o { • s; Y; Take up the 11 Li A i i 1 Competition Day Sand Sculpting �..l � �... iiii3Rit, Put together your company Maximum of ' is■ . ln -c4.- -AN- AL 4J 111 11.-1 AWIS „.1against other First come,first served. Must 1. teams for the pre-register full team roster online @ Corporate Challenge Traveling Trophy. ArtofSandUS.com by March 19th. Company Entry Fee $500. Earn BRAB&INWRIØ+ITS A! !] f ! for your company. Make it a company-wide bit of fun in the sun. Draw A Line In The Sand Get your company to compete in the Art of Sand Corporate Challenge ...and help support the arts in Brevard Art of Sand 2010 offers sponsorship the Each Corporate Team opportunities at different levels— a t gets a 10 x 10 plot from $500 to $50,000. �•L� FREE ADMISSION to (minimum of 2 teammates, all registered teammates, maximum of 10). Email info @ArtofSandUS.com half price to those who show or call Amanda toll free employee corporate I.D. at 1.877.345.ARTS or from participating team. Company-branded locally at 321.690.6817. ` . of', • Art of Sand t-shirts provided, one per Sa11 registered team member. Space Coast,FL ' ' Month-long Sand Sculpting Festival eP , Return again and again c; �To Port rs Canaveral t„ APIUt. 2-MAY 1 �� 9 � Visit Ge' ArtotSandUS.com �. for more details. Art of Sand 2010 Radisson April 2-May 1 Resort at the Port ■ Cape N Canaveral 3 Sculpting the Grand Entrance to the Art of Sand Festival - Jim Richardson, Palm Bay, FL and Suzanna Altamare, Daytona Beach, FL 2. Events/Activities: Opening Weekend Festival: April 2-4 Corporate Challenge: April 10 — 10 teams competing for trophy and bragging rights as Corporate Sand Sculpting champions Space Coast Open: April 16-18 — 10 Master sculptors competing for cash and prizes f t _ ` ` ifer 11/4 Iktis Dan Doubleday Meredith Corson John Gowdy Karen Fralich Marc Lepire Treasure Island, Treasure Island, Castelfranco, Burlington, Charlesbourg, Florida Florida Italy Canada Quebec,Canada 0 Rich Varano Sandy Feet Thomas Koet Amazin'Walter Jim Richardson Daytona Beach, South Padre Island, Melbourne, South Padre Island, Palm Bay, Florida Texas Florida Texas Florida The Space Coast Open is a sand sculpting competition that Brevard County has never seen before! It is a competition that is open to the best professional Master Sand sculptors around. The rules are simple: each Master gets the same amount of time to make a masterpiece out of ten tons of the most beautiful white sand. Student Competition: April 24— 20 teams from area schools -elementary and secondary - competing for awards Family Fun Days and Nights: April 30 — May 1 Youth Pavilion — open for youth and youth groups with activities and educational opportunities Main Stage Entertainment provided Fridays, Saturdays and Sundays Food/Art/Vendors 3. Sponsors: Printing tgLI SPACE coAsT • o X • • M.a Island n Island °•••.".% fwM yr' _ Mr. °,(, cn." ,,7 cuL�A'` C•41000. NO-AD Media Sponsors: FLORIDA bright TODAY V6 SCB house FLORIDATdDAYa. Entertainment Sponsors: THE .()WAN' ;GO Captain music 4 A MONTH-LONG SAND SCULPTING FESTIVAL no The Art of Sand APRIL 2-MAY 1 2010� ArtofSandUS.cou Proceeds benefit the Arts in Brevard County SFACE COAST SPONSORSHIP $50,000 &elusive Art of Sand flue Sponsor $25,000 (C OetM1 f II OCCIU5114T Art of Sand Opening festival Sponsor (Apnl 2-4) 125,000 Space Coast open Challenge Competition $10,000 (COMMITTED) Youth Pavilion $5,00 Student Challenge CLirpetitrurr Spur $20,0)0 Exclusive SAND Spcxnur I'urthase of Sajbtrna Surd$CouilouniZy Sandbar/Sand Bea Grveav■vv&rrxire 441av l $3,500 Girl Scout/Boy Scout Sponsor (Patches and*cud Activities) $5,000 Sculpbr Sponsors $2,500 Pail Sponsors $1,0(X) Shovel Spuvws $500 Sun Sponsors Bringing an estimated 50,000-100,000 spectators to the Space Coast, as well as local and national media, the Art of Sand is destined to become the largest festival in Brevard County. 4. Hotel Partners: Radisson Resort at the Port Hosting all International Sand Sculptors for two weeks Special hotel package for Art of Sand, block of rooms reserved Distributing Sand Dollars Hilton Cocoa Beach Special hotel package for Art of Sand Hosting two Space Coast Open Sculptors Accepting and distributing Sand Dollars Doubletree Hotel Cocoa Beach-Oceanfront Special hotel package for Art of Sand Hosting two Space Coast Open Sculptors Accepting and distributing Sand Dollars Wakulla Suites Special hotel package for Art of Sand Hosting two Space Coast Open Sculptors Courtyard by Marriott Cocoa Beach/Cape Canaveral Special hotel package for Art of Sand Hosting two Space Coast Open Sculptors Hampton Inn Special hotel package for Art of Sand Hosting two Space Coast Open Sculptors Best Western Ocean Beach Special hotel package for Art of Sand Days Inn Cocoa Beach Special hotel package for Art of Sand Ron Jon Cape Caribe Resort Special hotel package for Art of Sand Quality Suites Hotel Cocoa Beach 5 Special hotel package for Art of Sand Residence Inn by Marriott Special hotel package for Art of Sand Four Points by Sheraton Cocoa Beach Special hotel package for Art of Sand International Palms Resort Special hotel package for Art of Sand 5. Other Partners: Space Coast Area Transit— accepting sand dollars for rides on selected routes to and from festival Port Canaveral — providing signage and off-site parking Kennedy Space Center—accepting/distributing Sand Dollars, special Sand/Space promotions Brevard County Parks and Recreation — removal of sand after festival to use for Brevard County's Emergency Management and building projects, including area golf courses Carroll Distributing — exclusive provider of Budweiser products and Bacardi Breeze products for Sand Bar, also providing beer trailers on site (value $2,000) Coca Cola — exclusive provider of Coke products and Dasani Water also providing trailer on site (value $1,200) All Star Ice— providing ice and ice trailer on site (value $1,200) Keep Brevard Beautiful — Providing volunteers and recycling containers to keep the event litter free 6. Marketing: $25,000 of support from the Space Coast Office of Tourism Pick up Sand Dollars at Participating Merchants worth $1.00 off Art of Sand admission & good with purchase at participating cultural groups & select merchants Locations Accepting Sand Dollars: Best Western Days Inn 8� utGnu.-.�Fj 0 R 5600 N. Atlantic Ave. Cocoa Beach, FL 32931 � N Q �O e, ��t tansac t_ Doubletree Hotel w 14 2080 N. Atlantic Ave. Cocoa Beach, FL 32931 O / 116> AP;aur Hilton Cocoa Beach . 1550 N. Atlantic Ave. Cocoa Beach, FL 32931 . r�t. Port Canaveral Cove Restaurants 4 Locations Distributing Sand Dollars: 2►ioP� Brevard Zoo arPr? Brevard Art Museum Brevard Watercolor Society Brevard Cultural Alliance Honor America Space Coast Office of Tourism Eco Safaris Melbourne Community Orchestra Kennedy Space Center Cocoa Beach Chamber of Commerce Play Plus for Kids Melbourne Chamber Music Society Siesta Villas The Villages in Marion County International Palms Resort Eau Gallie Florist Jungle Village Beach Wave 6 7. Promotional and PR Opportunities: April 2, Media Day, photos ops and interviews the International artists Opening Weekend — Easter Sand and Surf— cross promotions with Easter Surf Fest Easter Bunny will be on site for photo opportunities Youth Pavilion will have an Easter Egg hunt Corporate Challenge — opportunity to give all employees in participating corporations a discount to cheer on their team Space Coast Open, 3 days — watch the sculptors in action! Fast-paced, great artistry, a people's choice award and judging with cash prizes! Student competition with all schools invited to participate, first come first in line to compete! All school children are receiving a free pass for admission to invite them to Art of Sand. TDC Support includes billboards, print advertising, on-line presence, radio and tv spots! 8. Everybody Wins: Fundraising Opportunities April 2-4 Sand Bar-BCA earns all proceeds for Arts Education April 9-11 Sand Bar-Valiant Air Command earns all proceeds April 16-18 Sand Bar-Brevard Symphony Orchestra earns all proceeds April 23-25 Sand Bar-Brevard Art Museum earns all proceeds April 29-May 1 Sand Bar — in negotiations Vendors Coke and water proceeds will be shared by the BCA and local arts and cultural groups who sign up as volunteers to sell at vending/food area Brevard artists have a special offer to set up booths to sell art work Eight artists Brevard businesses have opportunities to set up booths to sell food and or merchandise Asian Food Complex Café BBQ Ice Cream Seafood Kettle Korn Shaved Ice Hot Dogs, Hamburgers, Sausages Funnel Cakes/Crepes All Promotions to sell official Art of Sand Merchandise with 20% of proceeds to FAB T-shirt vendor to sell Art of Sand t-shirts with 20% proceeds to FAB EXIT °i Light Hand Washing Port-O-Let Station Tower ❑ ❑ AV Trailer 9'x5' ® Ticket Storage Trailer ooling syrAy Emergency Booths 14'x 8 Trailer BEER Exit 20'X 30' Drink 20'x 40' ,. TENT Be STAGE Vendor FOOD df ` Vendor Light 6'x12' TENT 5'x12' Artists )' ower u, - Vendors Merchandise 'A t TENT �o 20'x20' Keep Brevard 410 Beautiful b 1r 1 J Ail t•iii ay Volunter•Trailer a. 38. 20'x8' v° c > 3 d -- c > Jk i Storage 4 1 0 , 7-Space Coast I Op , 0 /� Comp�tltion �;, !� ' 20 x20 c.,,, Zfences Break Tent $ 1' 4. o 0 PA SecurityTrailer " Logos Portable 20' x8' Restrooms Info banners I '. Financial Trailer 20'x8' m; m' F ight wer cket oths❑ a ENTER ,? AlA m Beachilne ra,_ ,,,„„. c a, (.., Space Coast Area Transit Bus Route 4 114 • • GEORGE KING BLVD. o zip 11-z mi 0...is zr, SR 5211 s CBITUAL ME. 1[1114titiNts. CAROLINE ST. 6 L L • • dog FOUL/NE. I mib 11 4dik i n F: VW 114 x .. a ga ire SR 520 8 SR sa • • 0 •_ • SI, 10 II 9 • • 444\bviretir 4111ST. a xi= 1111MUTEMIBI (IIL t;Z a i CAUSEWAY ri fl;Z I s e S.11111 go SE Space Coast Area Transit http://routefinder.ridescat.com/maps/schedules.php?id=RS09&pd�R09 Home Advertise With Us News En Espanol Bus Trip Planner About Us Schedules& Maps Vanpooi/Park-N-Ride Specialized CLICK HERE FOR PRINTABLE VERSION Tt,ts rot,*nes designated Busd drops up stops at its stop locations ROUTE 9 ^• BEACH TROLLEY TRAM. DI IN©t MAP ROUTE 9-SCHEDULED STOPS MONDAY•SATURDAY • SUNDAY SERVICE IN DARK BLUE a CAPE CANAVERAL LOOP AM AM AM AM AM AM AM AM AM AM AM AM AM.PM PM PM PM I SHE'ARO PARK{oepa1, - 9:15 6:45 7:15 7:45 8:15 845 9:15 9:45 1015 10:45 11:15 11:45 12:15 12:45 1:15 2 CAPE CANAVERAL PUBLIC LIBRARY - 620 650 7:20 7:50 820 8 53 920 10 20 10:50 11 20 11 50 1220 12:50 120 3 N ATI ANTIC AVE&GFCRGF KING BLVD - 876 656 728 756 8 26 A •6 926 tO 26 10'56 11 76® 12 26 1256 126 4 6E KIE;I(NG BLVD ROUNDER ST NE CORER - 628 6:58 7:28 758 828 8_58 9:28 10 28 10:58 11:26•. 12:28 12:58 128 5 ASTRONAUT BLVD & CENTRAL BLVD - 6 31 7 01 7:31 8.01 8 31 9 01 9 31 ' 10 31 11'01 11 31 12 01 12 31 1 01 1:31 6 ASTRONAUT BLYD&NORTH AT-ANTIC AVE - 6.33 7.03 7:33 8 03 833 9 03 933 1 .. 10 33 11.03 11 33 12 03 12.33 103 133 7 CORNERSTONE P L A Z A a t Pub 6:40 7:10 7:40 P I r.. 840 'o+"i 9 40 'C l.: 10 4) 11 10 11 40 12 10 12-40 1.10 1:40 COCOA BEACH LOOP AM AM AM AM AM AM AM AM AM ®AWN PM PM PM PM SHEPARO PARK ioepaa 6:15 6:45 7:15 7:45 B:15 8:45 9:45 10:15 10:45 11:15 f 1:15 12:15 1?:45 1:15 1:45 CANAVERAL PLAZA 6:16 6.46 7:18 7:46 b i r,. 8:46 9.46 t U 1 b t O s 3 11:16 11:46 12.16 12.sb 1 1 G 1:46 BANANA RIVERSOUAPE 621 fist 721 751 611 851 951 ;:• 1051 1121 1151 1221 1251 121 151 COCOA BEACH PUBLIC..,81;A t'r 6:24 654 7 24 7:54 !i 4 8:54 954 1 C 2 i 10 Ss 11.24 11:54 12:24 12:54 1 2s 1:54 S ATLANTIC AVE b 12TH STREET 6:29 6 59 7 29 7:59 r•. , 8:59" 9:59 1 r:'• 10:59" 11:29 11 59 1229 12:59 1 29 1:59•• BANANA RIVER SQUARE 6:34 7 04 734 8 04 ■ -a 904 1004 10 34 11 04 11 34 1234 1234 1.04 134 204 CANAVERAL PLAZA 6:39 7 09 7 39 8:09 F::I 909 i C:09 10 39 1 1 0'i t 1 39 12 09 12:39 1.09 1 39 209 Sr7EpARO PARK I$'rvei 6:40 7:10 7:40 8:10 8:40 9:10 10:10 10:40 11:10 1-1-40 12:10 12:40 1:10 i 40 210 CAPE CANAVERAL LOOP PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM SriEPARO PARK i ava1 1:45 2:15 2:45 3:13 3:45 1:13 5:15 5:45 6:15 6:45 7:45 8:45 9.45 10:45 - CAPE CANAVERAL PUBLIC LIERARv 150 220 2 SC 320 :+C 0 4.20 5 20 5.50 6 2( 6 50 7 50 650 9.50 10.50 - N ATLANTIC AVE&GEORGE KING BLVD. 156 226 2 SE 3 26 5_.:. 426 526 556 6.26 656 756 6:56 956 1056 - t FOR iE J+(l BLVD F�OLhflEA ST NE BIER 1:58 2 2R 258 328 428 528 558 6:28 6'58 758 6:58 958 10:58 - ASTRONAUT BLVD.A CENTRAL BLVD 2:0' 2 31 3 01 3:31 t 4 31 5:31 6:01 6:31 7:01 1301 9:01 10:01 11:01 - ASTRONAUT BLVD&NORTH AT.MTIC AVE 2.03 233 3 03 333 :0 3 4.33 5.33 6:03 8.33 7:03 8.03 9.03 10.03 11.03 - CORNERSTONE PLAZA 4'Pubs■ 7 1." 2:40 3 t r 3 40 .. 1, 4.40 5:40 6:10 640 7.10 8:10 9.10 10:10 1110 - COCOA BEACH LOOP PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM I SHEPARD PARK(oepa-t+ 2:15 2:45 3:15 3:45 4 15 4.45 5 15 5:45 6:15 6:45 7:15 8:15 9:15 1015 - - 8 CANAVERAL PLAZA 2.16 246 316 346 -i( 446 ''. 546 6:16 646 'i6 8:16 9:16 10:16 - - 9 BANANA RIVER$OUARE 2.21 2 51 321 3:51 •i,I 4.51 5.51 621 6:51 '21 8:21 9:21 10:21 - - 10 COCOA BEACH PUBLIC LIBRARY 2.24 254 3 24 354 •:<4... 4 54 • 5.54 6.24 6 54 '24 8 24 9.24 10:24 - - 1 it S ATLANTIC AVE A 12TH STREET 2:29 2:59 3 29 3:59° ::`+ 4:59 . 5-59 6.29 6:59 '29 8.29 9:29 10:29 - - 9 BANANA RIVER SQUARE 2:34 304 33.1 404 ; •.1 5:04 • 6:04 6:34 734 734 8:34 9:34 10:34 - - A CANAVERAL Pt A7A 2 31 3.39 1 31 409 .. i 509 =: t 609 6'39 7 0. 7 39 839 939 10.39 - - 1 SHEPARD PARK iarrvet 2:40 3:10 3:40 4:10 4:40 5:10 5:40 6:10 6:40 7:10 7:40 8:40 9:40 10:40 - - '"T•,Y•.kr!..x,1'.■S41ta'tj4y "•Trans G'ri'Mc`c'riceavailatlekx 1 of 1 2/12/2010 2:14 PM The Art of Sand \ ,„„s,,,,,,,, . & %et" ' Map Hybrid Satellite ism" '.1 ** ." 0 ,� ,4+ '40 .., .k:. fi \ , .40,4e. 4.4 ,,, , ,.. 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