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HomeMy WebLinkAboutDevelopment Agreement - Solona Lake, Inc. Please return to: /J City Clerk 1� City of Cape Canaveral P.O. Box 326 Cape Canaveral FL 32920 1111[ 1 CFN:2003356241 11-12-2003 08-45 am DEVELOPMENT AGREEMENT OR Book/Page: 5115 / 3331 THIS DEVELOPMENT AGREEMENT ("Agreement"), made this 6thday of November , 2003, is by and between Solana Lake, Inc. a Florida corporation with offices located at 1600 North Atlantic Avenue, Suite 201, Cocoa Beach, Florida 32931 ("Solana"), and the City of Cape Canaveral, a municipal corporation existing under the laws of the State of Florida located at 105 Polk Avenue, Cape Canaveral, FL 32920 ("City"). RECITALS WHEREAS, this Agreement is authorized pursuant to the Florida Municipal Home Rule Powers Act; and WHEREAS, Solana is in the process of constructing a 192 unit condominium project located in Cape Canaveral and legally described on Exhibit "A" attached hereto and by reference made a part hereof; and WHEREAS, Solana, as a required part of its site plan approval, must construct roadway improvements on North Atlantic Avenue for vehicles turning east onto Shorewood Drive; and WHEREAS, the City and Solana both desire to delay the North Atlantic Avenue roadway improvements in order to accommodate potential development on private lands located west of the roadway improvements and to accommodate Florida Power and Light's ("FPL") desire to bury power lines on the West side of North Atlantic Avenue; and WHEREAS, Solana and the City desire to agree on the terms and conditions of the roadway improvements as set forth in this Agreement. NOW THEREFORE, in consideration of the terms and conditions set forth in this Agreement, and other good and valuable consideration,the receipt of which is hereby acknowledged by the parties, the City and Solana agree to the following: 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference as a material part of this Agreement. 2. Solana General Requirements and Conditions. In consideration of the mutual promises set forth in this Agreement, Solana agrees to construct the roadway improvements on Brevard County's right-of-way in conformity Page 1 of 9 Scott Ellis Clerk Of Courts, Brevard County #Pgs: 15 #Names:2 Trust 8.00 Rec: 61.00 Serv.0.00 0.00 Excise: 0.00 Mtg: 0.00 'nt Tax: 0.00 with the attached engineered drawings of roadway improvements pursuant to Exhibit "B" attached hereto ("Roadway Improvements"). The Roadway Improvements to be constructed by Solana shall include the following: a) An acceleration and deceleration lane on the east side of the North Atlantic right- of-way adjacent to the Shorewood Drive entrance. b) A passing lane on the west side of the North Atlantic right-of-way near the Shorewood Drive entrance. c) Sidewalk and landscaping 11 1 11 ,11111 11 11 11 11 IIIj I 1111111II 3. Timing of Roadway Improvements Completion. CFN:2003356241 OR Book/Page. 5115 13332 As a condition of this Agreement, Solana will bond the Roadway Improvements contemplated herein by presenting the City with Solana's contract to construct the Roadway Improvements as attached in Exhibit "C". The bond amount shall be the contract amount pursuant to the attached contract plus ten (10%) percent or Thirty Thousand & No/100 Dollars ($30,000.00). Solana shall be responsible to supervise construction of the Roadway Improvements. Commencement of the construction shall be within sixty (60) days of joint written notice from the City and FPL that the project shall proceed and FPL has completed their engineering of the relocation of the lines underground. The parties agree that once commenced the construction should progress pursuant to the schedule set forth in Exhibit "D" attached hereto. The parties acknowledge that FPL shall design the burying of the power lines on the West side of North Atlantic Avenue; therefore, the attached schedule is subject to the scheduling efforts of FPL to accomplish the relocation of the lines. Solana shall use reasonable efforts to timely complete the Roadway Improvements. 4. Commitments. Solana hereby agrees to pay the City upon the execution hereof the following: a) The sum of thirty thousand dollars ($30,000.00) to be used by the City for improvements to Manatee Park at the City's discretion. b) The sum of forty thousand dollars ($40,000.00) to be used by the City for improvements to the traffic control devices utilized at the intersection of North Atlantic Boulevard and Central Avenue. 5. Canaveral Tree Ordinance. Solana hereby agrees to fully comply with the terms of Section 102.41, Code of Ordinances, City of Cape Canaveral by planting the remaining tree replacement inches upon other property owned by Solana or an affiliated entity of Solana located within the Page 2 of 9 • City's boundaries pursuant to the aforementioned Code. Additionally, if Solana desires to replace trees on public property within the City, pursuant to the Code, then it shall be in locations mutually agreed to by the parties hereto. 6. Certificate of Occupancy. The City agrees that it will not delay the issuance of the remaining Certificates of Occupancy for the Solana Lake project due to the delay in construction of the road improvement on North Atlantic Avenue or with the additional time requested to plant the replacement trees on offsite properties located within the City. 7. Cooperation and Further Assurances. Solana and the City shall cooperate fully with each other to effectuate the terms, conditions and intentions of this Agreement. Further, each party agrees to adjust, initial, re-execute and re-deliver any and all documents subject to this Agreement if deemed necessary or desirable by one or the other of the parties. 8. Authority and Assignment. Each party hereby represents and warrants to the other that they have full power and authority to enter into this Agreement. Solana also represents that it is duly authorized to bind the Solana Property to the terms and conditions contained in this Agreement. Solana also represents that all legal and equitable title to the Solana Property will be vested in and held by Solana. The City also represents that all requirements and procedures, including public hearings, have been properly conducted so that the execution hereof by the City shall constitute the final approval of this Agreement by the City. 9. Notices. Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter designated, or (b) one day after deposit with a nationally recognized overnight courier service, e.g. Federal Express, Purolator, Airborne, Express Mail etc., or (c) by facsimile delivery, addressed to a party at the other address as specified below or from time to time by written notice to the other party delivered in accordance herewith: Solana: Solana Lake, Inc. Attention: Mr. Kohn Bennett 1600 N. Atlantic Avenue, Suite 201 Cocoa Beach, FL 32931 Phone: 321-784-8093 Fax: 321-784-3644 1111 1 1111111 11 11IIIII11111111 CFN:2003356241 OR Book/Page: 5115 13333 Page 3 of 9 CFN:2003356241 OR Book/Page: 5115 / 3334 With copy to: Towne Realty, Inc. Attention: James B. Young, Esq. 710 North Plankinton Avenue Milwaukee, WI 53203 Phone: 414-274-2723 Fax: 414-274-2710 City: City of Cape Canaveral Attention: Mr. Bennett Boucher City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: 321-868-1230 Fax: 321-868-1224 With copy to: Brown, Salzman, Weiss & Garganese, P.A. Attention: Anthony A. Garganese, Esq. Attorney for the City of Cape Canaveral 225 E. Robinson Street—Suite 660 PO Box 2873 Orlando, FL 32802 Phone: 407-425-9566 Fax: 407-425-9596 Said designated officials and addresses may be amended by providing written notice to the other party. 10. Defaults. Failure by either party to perform each and every one of its obligations hereunder shall constitute a default, entitling the nondefaulting party to pursue whatever remedies are available to it under Florida law or equity including, without limitation, an action for specific performance and/or injunctive relief. Prior to any party filing any action as a result of a default under this Agreement, the nondefaulting party shall first provide the defaulting party with written notice of said default. Upon receipt of said notice, the defaulting party shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the nondefaulting party prior to filing said action. The prevailing party in any litigation arising under this Agreement shall be entitled to recover its reasonable attorney's fees and costs, whether incurred at trial or appeal. Page 4 of 9 LILIIIIP!IIIIIllIllhIIIiu'i'iiIihIIIvIIiiiiIIIiiIIII oR Book/Pagelill: 5115 / 3335 11. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. 12. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 13. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto. 14. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire Agreement between the City and Solana as to the subject matter hereof. 15. 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. 16. Effective Date. This Agreement shall become effective upon approval by the City and execution of this Agreement by both parties (the"Effective Date"). 17. Recordation. This Agreement and any amendments hereto shall be recorded in the public records of Brevard County, Florida and shall run with the Solana property as described on Exhibit"A". 18. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Solana 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. Page 5 of 9 111 1 11 1111 11 11 11 1 1 111 11 11 II 11 CFN:2003356241 19. Sovereign Immunity. OR Book/Page: 5115 13336 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 any other limitation on the City's potential liability under state and federal law. 20. City's Police Power. 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. 21. 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, 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"), 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. 22. Interpretation. The parties hereby agree and acknowledge that they both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 23. Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve Solana or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. 24. Third Party Rights. 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. Page 6 of 9 IIII 1111111 11111111 1/11 111111 CFN:2003356241 25. Counterparts. OR Book/Page: 5115 / 3337 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 26. Declaration of the City of Cape Canaveral. The City hereby finds that this Agreement is consistent with the City's Comprehensive Plan and land development regulations and is a legislative act of the City. The City further finds that this Agreement promotes the public health, safety, and welfare and is consistent with, and an exercise of, the City's powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII of the Florida Constitution and Chapter 166.021, Florida Statutes, and the City's police powers. 27. Conflict with City Code. To the extent the City determines there is a specific conflict between the provisions of the City code and this Agreement, the parties agree that the provisions of this Agreement shall control as if approved by the City as a legislative act. IN WITNESS WHEREOF, Solana and the City have executed this Agreement in form sufficient to bind them as of the day and year first above written. Witnesses: Solana Lake Inc., a Florid• c, o atio i tom, \Orl r�T BY Ir Print Name: \,41,,-N. '(y\ , 4((\ \ KohnSennett Vice President Print ame: V, .e.5, .6- S. No,< Page 7 of 8 \\IIMINNEENO CFN:2003356241 OR Book/Page: 5115 / 3338 STATE OF FC`-';z'DA COUNTY OF L3 R EVA ,e-D The foregoing instrument was acknowledged before me th•is -1k day of No ucm _ , 2003 by Kohn Bennett, Vice President of Solana Lake, Inc., a Florida corporation, who executed the foregoing instrument and acknowledged before me that he executed the same for the uses and purposes therein expressed and who is personally know to me or who has produced FELA•a. D. L.# as identification and who did not take an oath. Notary Public Signature Y',A. 1 < C. HIM-5 - Typed or Printed Notary Name VIRGINIA S.HAAS ,• MY COMMISSION#DD 181049 W-�-;EBorXPT11IRES:January 30 2007 Notary Public-State of FL©, ip✓f Nobly Public Uncle/Wilms Commission No.: 4DD 1 g/-)4- My commission expires: //340-1 Page 8 of 9 Witnsses: CITY OF CAPE CANAVERAL, A municipal corporation existing cA<t/1-, • m n�L.L.Q- under the laws of the State of Print Name: N m 'f'(1, ¶'I \r)-\--WL Florida, Print Name: j/„A5,.,►,AS4/,44►s By: Rocky RandelC _ (/' Mayor �"-� STATE OF F./Arida COUNTY OF A,,,,„d The foregoing instrument was acknowledged before me this p;. day of e&z6ev• , 2003 by Rocky Randels, Mayor, who is personally kno to me and who did not take an oath. fir, SUSAN STILLS atikezie As i MY COMMISSION#DD 012391 Notary, ublic Signature ��... . EXPIRES:March 27,2005 �',,►,R; Bonded Thru Notary Public Underwriters /�i ``,, \ is ,i L Jh i/S Typed or Printed Notary Name Notary Public-State of fid,p'a Commission No.: d/1.3 9 t My commission expires: /(i jzio,,,- 111 1 11 1111 11 11 11 1 11111111111 11111 CFN:2003356241 OR Book/Page: 5115 / 3339 F:\Docs\City of Cape Canaveral\Solana Lake\Agreements\Development_Agreement_052903.wpd Page 9 of 9 SOLANA LAKE, INC. EXHIBIT "A" LEGAL DESCRIPTION DESCRIPTION: A portion of Section 14, Township 24 South, Range 37 East, Brevard 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 the Northwest one—quarter 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 the Northeast one— quarter of said Section 14, a distance of 1,319. 16 feet, to the Northwest corner of Government Lot 1 in said Section 14; thence SO1'29'01"E, along the West line of said Government Lot 1, a distance of 566. 13 feet; thence S89'45'43"W, a distance of 66.02 feet, to a point 66.00 feet West, by right angle measurement, of the West line of said Government Lot 1; thence SO1'29 01"E, parallel with and 66.00 feet West of the West line of said Government Lot 1, a distance of 34.25 feet, to the POINT OF BEGINNING of the herein described parcel; thence continue, SO1'29'01"E, parallel with and 66.00 feet West of the West line of said Government Lot t, and along the West line of a 66.00 foot wide Ingress and Egress Easement recorded in Official Records Book 3482, Page 369 of the Public Records of Brevard County, Florida and amended in Official Records Book 3587, Page 2167 of the Public Records of Brevard County, Florida, a distance of 852.34 feet, to the point of curvature of a curve, concave Northwesterly, A having a radius of 35.00 feet and a central angle of 91'14'44'; thence Southwesterly, along the arc 6f said curve to the right, a distance of 55.74 feet, to a point of tangency; thence S89'45'43"W, along the North line of said Ingress and Egress Easement, a distance of 380.57 feet; thence S58'58'12"W, along the North line of said Ingress and Egress Easement, o distance of 200.00 feet; thence S89'52'21"W, along the North line of said Ingress and Egress Easement, a distance of 406.67 feet, to a point on the West line of lands described in Official Records Book 3980, Page 1996 of the Public Records of Brevard County, Florida; thence NO1'29,01"W, along said West line, a distance of 989.73 feet; thence N89'45 43'E, a distance of 962.78 feet, to the point of curvature of a curve, concave Southwesterly, having a radius of 35.00 feet and a central angle of 88'45'16"; thence Southeasterly, along the arc of said curve to the right, a distance of 54.22 feet, to the POINT OF BEGINNING; Containing 21.47 acres, more or less. 11111 1111 11 11111111 111 .CFN:2003356241 • OR Book/Page: 5115 / 3340 SURVEYOR'S NOTES: 1. SEE SHEET 1 OF 2. FOR THE SKETCH TO ACCOMPANY THIS LEGAL DESCRIPTION. I ALLEN ENGINEERING, INC. 106 DIXIE LANE COCOA BEACH, FLORIDA APRIL 21, 2000 EXHIBIT "A" SHEET 2 OF 2 EXHIBIT "B" 11111111111\111111111\ CFN:2003356241 OR Book/Page: 5115 / 3341 .171 wier17 ' I I' W; 11 I IE: , 1 1 lip ,[,:t. f•' 11 , , Ala'tl I' cj < A. f I Iii ''Ii r:) al rri ill ' � � I� ! I I l IN ?. I'I m 1 �12 r411 . ,, 2 < 1.cl SlA I 0 el In g •1:?,,,/,,,,, , .,..,4:,, /41 ki',1' Ji, i i i )%�^ 1111 i ! it 'Ii I L 11,1 IZ hi i JlogdlIiIi' . I IIg , ° lj ' lots ;,f I ; r,,, ,,,/,,,„, 4 � i � : lil. 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I' 0 1 ii: I I 1 , di it `il; � ,. 4 J EXHIBIT "C" Page 1 of 2 CHANGE ORDER >' SELLER ACKNOWLEDGEMENT Number: 09Contract: SLLKC031 Page: 1 BENKO CONSTRUCTION CO., INC. 1600 North Atlantic Avenue, Suite 201 Cocoa Beach FL 32931 (321)784-8093 FAX (321) 784-3644 SEP . 4. 2001 • RAMAGE CONTRACTING INC RAMAGE SOLANA LAKE-S1'1'h&AMENITIES SLLK 8 BLDG-CONDO PROJECT 2210 SPRING CIRCLE 8871-8961 LAKE DRIVE COCOA FL 32926 CAPE CANAVERAL FL 32920 PHONE: (321)638-4340 FAX: (321) 638-0593 DATE OF CONTRACT 02/14/2001 • FEDERAL ID#: 59-3297045 DATE OF CHANGE ORDER : 09/11/2001 • k OU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES TO THIS CONTRACT: OFFISTE - ROAD & DRAINAGE (N ATLANTIC AVE) 132644 27,222.60 Per your proposal dated 08/10/01 Subtotal 27,222.60 Sales tax Total 27,222.60 • X /./4 6,7,) IIIIihIII//IIIIIIIIII/llhI/llh/IllhIIllhI//I//I/IIflhIIIffliuh//141111h11111 CFN:2003356241 OR Book/Page: 5115 / 3342 SEE ATTACHED EXHIBIT C EXECUTION OF THIS CHANGE ORDER BY SUBCONTRACTOR OR VENDOR IS CONFIRMATION OF ITS AGREEMENT TO THE TERMS THEREOF. The original contract sum 242,036.00 Net change by previous change order 90 969.35 The contract sun prior to this change order was 333,005.35 The contract will be INCREASED by this change order 27,222.60 The new contract sun including this change order will be 360,227.95 The contract time will be INCREASED by ( ) DAYS The date of completion as of this change order therefore is UNCHANGED 11RECT' MCON`t` Y `O �'��i"DbW RAMAGE CONTRACTING INC BENKO CONSTRUCTION CO.,INC. 2210 SPRING CIRCLE 1600 N. Atl.. c Ave , •ite 201 COCOA FL 32926 Coc•. :eac Lori.•11 .2931 BY: BY: dektf () TH A. BENNETT, V.P. DATE: DATE: 7--//-�� DATE: 09/11/2001 EXHIBIT "C" Page 2 of 2 . RA1ViiAGE CONTRACTING, INC. 2210 SPRING CIRCLE, COCOA, FL 32926 PHONE (321)6384340 FAX 638-0593 &MAIL RAMAGE@CFLRR.COM PROPOSAL FOR TowNE REAr n Description AdjQty Unita Unit Price Total Mobilization 6.00 HR 68.12 $408.74 Maint of Traffic 11.00 DAY 59.80 $657.80 $1,068.54 RSaws eAsphaltPaving 473.00 SY 2.50 $1,184.68 ut 870.00 LF 1.04 $906.67 Cut&Export 243.00 CY 3.73 $905.57 $2,996.92 Grade Swale 510.00 LF 1.20 $611.74 r Grade+1-one tenth 1,285.00 SY 0.89 $1,130.90 $1,742.64 12"Stabilized subbase 505.00 $Y 4.25 $2,148.45 12"Stabilized subbase 110.00 SY 7.81 $859.55 6"Umerock base 532.00 SY 7,08 $3,766.62 ' 8"Limerock Base 477.00 SY 8.42 $4,015.01 8"Limerock Base 90.00 SY 12.91 $1,162.02 1"5-3 Asphalt 473.00 SY 5.21 2"S-3 Asphalt $2,483.78 Ph 479.00 SY 8.87• $4,247.14 2"5-3 Asphalt 70.00 SY 11.74 $821.92 $19,484.51 Directional mow 5.00 EA 40.25 $201.25 Thermo Stripe 6" 2,690.00 LF 0.58 $1,546.75 Thermo Stripe 18" 80,00 LF 2.30 $184.00 $1,932.00 Total $27,222.60 111111111111111110111 CFN:2003356241 OR Book/Page: 5115 . 3343 EXHIBIT C < . EXHIBIT "D' / ' � wl' B / % Q • \ � Q-71- R Q, �__ /�. o 71 0 -0'0) 1 ) � � � 2 99£ / � � � I : . � m �� ! �} / I 2 § rij c1111111111111111111111111111111111111111/11 p203521 !WU • I1 '1oRemkPZgq 5] ]§ / 3344 I ta i , ; E E 0 2 2 • , m & . $ E § ; $ $ . . i •::::,:.: '�— to FP E g g i o _ a a /, �/ D � . 7 P G ' 3• % a) / ; �"i ƒ c - _ m 13 CO ] 0 % ) e' q co 0. "1 / 0 ® /\- n. : yIF / � • �\ C ; ■ E k k °' s ' ® H A # Sw. A ; , , . iCO1 , . . i_ L ; !\ IKr ,-u3" / • , CITY COUNCIL REGULAR MEETING Page 1 of 1 5. . Development Agreement with Solana Lake, Inc. Mayor Randels provided the background stating that Solana Lakes as a required part of its site plan agreed to construct roadway improvements on North Atlantic Avenue for vehicles turning east into the development. Mr. John Allen, Project Engineer and Mr. Maath Bennett were available for questions. Mayor Randels asked about the length of the acceleration and deceleration lanes. Mr. Allen stated that such lanes already exist however the road is being expanded westward to install a turn lane. No expansion would occur on the east side of the street. Florida Power and Light [FPL] has agreed to bury their power lines. Mr. Boucher said that the Council could agree with the stipulation of FPL's action on the buried lines. Mr. Morgan asked if the property owners on the west side were notified. Mr. Bennett affirmed and said the property owners on the west side anticipate the buried power lines. Mr. Treverton asked if the City needed the County's approval. Mr. Boucher replied that the development firm would seek approval from the County. Mr. Allen explained that plans would be finalized for the County once the firm ascertains where FPL will bury the lines. Mr. Nicholas inquired about the length of buried lines. Mr. Bennett replied from Southgate Mobile Home Park to just south of the old Post Office. Mayor Randels clarified that the distribution lines are being buried, not the transmission lines. Mayor Pro Tern Petsos inquired about the medians and asked if green space were considered. Mr. Hoog related that the City of Cocoa Beach has problems with raised medians. Chief Sargeant replied that they do incur a traffic problem. Mayor Randels referred to the Canaveral Tree ordinance and noted that the developer would donate trees to the Manatee Sanctuary Park. He also commented on alleviated congestion on North Atlantic Avenue. Mayor Randels asked about retaining the pedway/ bikeway. Mr. Bennett stated that it would remain but it could be decreased. Mr. Morgan clarified that the City ordinance calls for five-feet. Mayor Randels summarized the consensus of the Council to provide the widest possible pedway/ bikeway allowable. Mr. Treverton asked if a curb is proposed on the west side. Mr. Allen stated that the intent was to minimize the impact to the adjacent property owners. Mr. Treverton also inquired about some curb cuts on the west side. Mr. Allen replied that he has the approval of the owners. Mayor Randels summarized that the County has the final approval on this agreement. Mr. Bennett stated that FPL has projected September as the completion timeframe to bury the power lines. Mr. Boucher will execute the agreement contingent upon confirmation by Florida Power and Light to bury the lines. 111111 11 11 11 1 1 111 11 11111 11 CFN:2003356241 OR Book/Page. 5115 3345 http://www.myflorida.com/cape/Minutes/2003/06-03-03.htm 11/03/2003