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CAPE CANAVERAL CITY COUNCIL MEETING For viewing/participating in the Meeting remotely via GoToWebinar: Register at: https://attendee.gotowebinar.com/register/1311869512794831119 1 (415) 655-0052; Attendee Access Code: 246-783-982 REVISED AGENDA July 21, 2020 6:00 P.M. COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting will be held virtually by communications media technology (CMT). Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. Special instructions for the public to attend and provide public comments during this meeting are attached to this agenda. Please read and follow the instructions carefully if you want to attend or provide public comments on specific agenda items. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi- judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS/INTERVIEWS 6:15 p.m. — 6:20 p.m. Interview Applicant for appointment to the Planning and Zoning Board. (Steven Stroud) CONSENT AGENDA 6:20 p.m. — 6:25 p.m. 1. Approve Minutes for June 16, 2020 Regular Meeting and July 2, 2020 and July 8, 2020 Special Meetings. City of Cape Canaveral, Florida City Council Meeting July 21, 2020 Page 2 of 2 2. Resolution No. 2020-07; appointing a member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Steven Stroud) 3. Resolution No. 2020-15; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2020/2021 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. 4. Consider Application for Reduction of a $47,425.00 Code Enforcement Lien, Case No. 18-183. (8497 Ridgewood Drive) 5. Approve Coronavirus Aid, Relief, and Economic Security (CARES) Act Interlocal Agreement between the City and Brevard County Board of County Commissioners and authorize Mayor to execute same. 6. Approve the Third Modification to Binding Developer's Agreement related to the Holiday Inn Club Vacations Cape Canaveral Beach Resort (formerly known as Cape Caribe) located at 1000 Shorewood Drive and authorize Mayor to execute same. ITEM FOR ACTION 6:25 p.m. — 6:40 p.m. 7. Approve Employment Agreement (Agreement) by and between the City of Cape Canaveral (City) and Todd Morley (City Manager), and authorize execution by the Mayor and City Manager. REPORTS 6:40 p.m. — 6:45 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL ATTENTION: TEMPORARY VIRTUAL PUBLIC MEETING AND COMMENT INSTRUCTIONS IN LIGHT OF COVID-19 EMERGENCY Due to the COVID-19 Pandemic Emergency, public access to City Hall is limited in an effort to comply with Federal and State public health and safety directives to keep our citizens and City officials and employees safe. As a result, the City of Cape Canaveral will be temporarily utilizing virtual Communications Media Technology (CMT) for City Council and other board meetings pursuant to the Governor's Executive Order Number 20-69 and Florida Statutes, Section 120.54(5)(b)(2) until further notice. Governor DeSantis' Executive Order suspended the requirement of a quorum to be present in person or having a local government body meet at a specific public place. Therefore, the City Council and Advisory Board Members may attend public meetings and participate by telephonic and video conferencing. However, the City of Cape Canaveral remains committed to providing alternative platforms for citizens to virtually attend scheduled public meetings and have an opportunity to submit their public comments in an efficient, orderly and safe manner. INSTRUCTIONS FOR VIRTUAL MEETING ATTENDENCE AND AGENDA ACCESS The City of Cape Canaveral temporary CMT meeting platform is GoToWebinar. Videoconferencing and teleconferencing will be used to virtually connect the following meeting participants: City Council, Board Members, City Staff, City Attorney, City consultants and Applicant(s), if any, for purposes of conducting public meetings. However, the public may virtually attend the meeting live by viewing and listening to the meeting by accessing the meeting at an Internet address and/or phone number/access code listed at the top of each respective meeting agenda and on the City website's Events Calendar available at: www.cityofcapecanaveral.org/calendar.php. To obtain a copy of the board meeting agenda, interested persons should go to the City's online Public Records/Laserfiche WebLink and search for the specific board and agenda package at: cityofcapecanaveral.org/government/city_departments/city_clerk_s_office/public_records_laserfiche_weblink.php PARTICIPATION OPPORTUNITIES DURING MEETINGS VIA GOTOWEBINAR PLATFORM There will be appropriate times during GoToWebinar hosted meetings when the chairperson or designee of the meeting will invite live public comment during the public participation portion of the meeting and for specific agenda items. You must be properly logged into the live GoToWebinar meeting on your computer or electronic device and have a functioning microphone to participate live. When these invitations are announced by the chairperson or designee at the meeting, citizens may virtually raise MUTED their hand to speak by pressing the hand feature on the 14 ell Microphone (HDWebcamC510) GoToWebinar screen in timely manner so as to be recognized as a speaker by the City Staff person monitoring the meeting. The hand Speakers (FEigh Definition Aud... feature is illustrated in the accompanying screenshot to the right. Fl Lie. Help G. _ ❑ U X Audio Sound Check 0 Computer audio QPhone call ? When the speaker is recognized by the Meeting Organizer, their audio microphone will be unmuted to address the Council or Board Members. Speakers must clearly state their names and address for the record and then provide comments within three (3) minutes. Public comments must be relevant to the agenda item being considered at that time. Irrelevant and repetitive comments will be deemed out -of - order and will not be heard. At the conclusion of a citizen's public comment opportunity, the audio will be muted so the Council or Board may continue conducting the meeting. City of Cape Canaveral - Virtual Meeting Instructions — Updated 07/14/2020 Page 1 of 2 Public comments are limited to three (3) minutes. The comments will be heard at the meeting and summarized into the record. Public comments are subject to City meeting rules of decorum. The speaker's activated audio may be muted by the City for violating the time limit or rules of decorum. Please also note that the time allocated to each person for public comment is subject to the discretion of the Council or Board and may be reduced from three (3) minutes based on the number of speakers or comments received or previous comments made by the speaker. PUBLIC COMMENT AND PUBLIC PARTICIPATION INSTRUCTIONS Public comments in the form of email or written correspondence (either mailed or hand- delivered) will be accepted no later than 24 hours ahead of a scheduled Workshop or Regular Meeting. Public comments in the form of email or written correspondence will be accepted within a reasonable amount of time prior to Special City Council Meetings. Emails and correspondence will be read into the record. However, Staff reserves the right to aggregate and summarize comments substantially similar (generally 5 public comment emails or more). Additionally, each public comment must address one subject at a time at virtual and hybrid public meetings. Emails and correspondence will be forwarded to the City Council and/or Advisory Board Members prior to the scheduled meeting for their review. Section 286.0114, Florida Statutes, affords the public a reasonable opportunity to be heard during public City Council and Advisory Board Meetings. In light of challenges posed to hosting traditional public gatherings due to the COVID-19 Pandemic Emergency, Staff is continually working to develop efficient methods to ensure an accessible range of opportunities for public participation. We appreciate your patience as we work to implement these improvements, and ask that any questions or concerns regarding Public Participation and Public Comments be directed to the City Clerk's Office at cityclerk@cityofcapecanaveral.org or by phone at (321) 868-1220. ACCESSIBILITY STATEMENT The City broadcasts all City Meetings via it's website through a third -party provider that enables live captioning. However, in accordance with the Americans with Disabilities Act of 1990, persons needing additional special accommodation to participate in this meeting may contact the City Clerk's Office at 321-868-1220 no later than one (1) business day prior to the meeting. MISCELLANEOUS The rules established herein are intended to provide a general framework for the conduct of public CMT meetings as authorized pursuant to the Governor's Executive Orders Nos. 20-52 and 20-69. The City of Cape Canaveral reserves the right to modify, amend, or discontinue these temporary procedures for public comments, with or without notice, in order to ensure compliance with applicable laws, rules and regulations; to overcome technical or logistical difficulties or practical challenges in implementing public meetings via CMT; or to ensure the public health, safety and welfare of the public. Thank you for your patience and understanding during this very challenging time. For more information about these temporary procedures or public meetings, please contact the City Clerk. Rev. 07/14/2020 City of Cape Canaveral - Virtual Meeting Instructions — Updated 07/14/2020 Page 2 of 2 City of Cape Canaveral City Council Meeting - July 21, 2020 Agenda Item Summary Presentations/Interviews Subject: Interview Applicant for appointment to the Planning and Zoning Board. (Steven Stroud) Department: Community Development Summary: Mr. Stroud is employed in the site development industry and has a professional background in construction estimation, design of fire alarm and fire protection systems. He has been a resident of the City for over 15 years. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on the Applicant's interest and positive recommendation from the Planning and Zoning Board at its February 19, 2020 meeting, it is recommended Council interview Mr. Stroud. Submitting Department Director: David Dickey Date: 07/07/2020 Attachments: 1 — Board Application — Steven Stroud 2 — Board Recommendation Memo Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/02/2020 The City Manager recommends the City Council take the following action: Interview Applicant. Approved by City Manager: Todd Morley Date: 07/07/2020 Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Steven Wayne Stroud 2. Home Address: 602 King Neptune Lane Cape Canaveral Fl. 32930 3. Home and Cellular Telephone: 321-408-0914 4. Occupation: Estimator, Design of Fire Protection & Fire Alarm System, Low Voltage Systems, & Site Development 5. Business Telephone: 407-816-9101 6. Business Address: 6817 N. Orange Blossom Trail Orlando, Fl. 32810 7. E-Mail: flyyaker@earthlink.net B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Are you a Business owner: (Y) X (N) (Y) (N) X 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 4b. If yes to 4a, have your civil rights been restored? 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) X (Y) (N) (Y) (N) X 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) X (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) X 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: This is an opportunity to invest in the community that my wife and I have lived in for almost 15 years, learn more about about the past development, and participate in its future. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. Code Enforcement Board* d. Community Appearance Board e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: None at this time 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Past experience as an inspector of water based fire protection, fire alarm systems, suppression systems, project management, and most recently site development. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2of3 RACE X GENDER African -American X Male Asian -American Female Hispanic -American Not Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk' Office at (3 ' 1 868-1220 ext. 221. Signature: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 Date: 12/26/2019 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3of3 Attachment 2 City of Cape Canaveral Community Development 100 Polk Avenue P.O. Box 326 Cape Canaveral, FL 32920 321-868-1220 Memo TO: Cape Canaveral City Council FROM: David Dickey, Community Development Director t DATE: June 23, 2020 RE: Recommendation to the City Council — Planning and Zoning Board Applicant Steven Stroud At its February 19, 2020 Planning and Zoning Board Meeting, the Board interviewed Steven Stroud to fill a vacancy. Based on Mr. Stroud's background and professional experience, the Board unanimously recommended the vacancy be filled by Mr. Stroud. Please let me know if you have any questions. Thank you. Xc: Todd Morley, City Manager City of Cape Canaveral City Council Meeting - July 21, 2020 Agenda Item Summary Item No. 1 Subject: Approve Minutes for June 16, 2020 Regular Meeting and July 2, 2020 and July 8, 2020 Special Meetings. Department: City Clerk's Office Summary: At the time of Agenda and Agenda Packet posting/publication for the July 21, 2020 City Council Regular Meeting, the Minutes for the June 16, 2020 Regular Meeting and July 2, 2020 and July 8, 2020 Special Meetings were not in a finalized state. City of Cape Canaveral Code of Ordinances, Section 2-65 — Minutes provides: The minutes of the previous regular meeting of the city council shall be adopted by reference. The city clerk shall have available a copy of such minutes at least 24 hours preceding the next regular meeting. It is anticipated the draft Minutes for all three meetings will be finalized, distributed and made available for examination no later than 24 hours prior to the July 21, 2020 Meeting. Submitting Department Director: Mia Goforth '� Date: 07/14/2020 City of Cape Canaveral City Council Meeting - July 21, 2020 Agenda Item Summary Item No. 2 Subject: Resolution No. 2020-07; appointing a member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Steven Stroud) Department: City Clerk's Office Summary: At its February 19, 2020 Meeting, the Planning and Zoning Board interviewed Steven Stroud to fill a vacancy and voted to recommend him for appointment. Mr. Stroud will be filling the remainder of an existing, unexpired term that will end September 15, 2021. This term is vacant due to a former Planning and Zoning Board member moving out of the area in 2019. Following completion of this term, Mr. Stroud will be eligible for reappointment to the Planning and Zoning Board, consistent with the limitations set forth in Section 2 171(f), City Code. It is now incumbent upon City Council to appoint a member to the Planning and Zoning Board. Submitting Department Director: Mia Goforth �g*—Date: 07/07/2020 Attachment: Resolution No. 2020-07 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/02/2020 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2020-07. Approved by City Manager: Todd Morley. Date: 07/07/2020 RESOLUTION NO. 2020-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §58-56 established a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a member to the Planning and Zoning Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment. Pursuant to City Code §2-171(f), the City Council of the City of Cape Canaveral hereby appoints the following individual to the Planning and Zoning Board: Steven Stroud shall be appointed to an existing, unexpired term on the Planning and Zoning Board, to serve until September 15, 2021. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 21 st Day of July, 2020. [Signature Page follows] City of Cape Canaveral Resolution No. 2020-07 Page 1 of 2 ATTEST: Mia Goforth, CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond City of Cape Canaveral Resolution No. 2020-07 Page 2 of 2 City of Cape Canaveral City Council Meeting - July 21, 2020 Agenda Item Summary Item No. 3 Subject: Resolution No. 2020-15; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2020/2021 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. Department: Financial Services Summary: represents Per "Truth meeting and tax rate cannot There will City's Fiscal 1. September 2. September Submitting Adopt a Tentative Proposed Millage rate of 3.7052 mills for Fiscal Year a rate below the previous year's rate. It includes two segments: 2020/2021, which be proposed at this However, the implemented for the the City Council: 07/13/2020 General Government Millage 3.6500 mills Library Dependent Special District 0.0552 mills in Millage Compliance", the highest intended millage rate must Ad Valorem Tax Rates can be lowered from the initial rate proposed. be increased after this meeting. be two more meetings concerning the Ad Valorem Tax rate to be Year 2020/2021. They were scheduled on November 20, 2019, by 1, 2020: Tentative Millage rate will be established. 15, 2020: Final Millage rate will be established. Department Director: John DeLeo Date: Attachment: Resolution No. 2020-15 Financial Impact: The Tentative Proposed Millage rate of 3.7052 provides a property tax revenue stream of $4,945,764. These revenues are represented in the Proposed Fiscal Year 2020/2021 Budget at a 95% receipt rate and allow for a balanced budget. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 06/30/2020 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2020-15. Approved by City Manager: Todd Morley Date: 07/13/2020 RESOLUTION NO. 2020-15 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2020/2021 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage rate; and WHEREAS, Florida Statute 200.065 expressly provides no millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority and upon preparation of a tentative budget, but prior to adoption thereof, each taxing authority shall compute a tentative proposed millage rate necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.7052 mills on the dollar of taxable value for the 2020/2021 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents a rate below the previous year's rate of 3.7256. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 3.6500 mills for General Government Millage. This tentative proposed Ad Valorem Tax shall be levied upon the 2020 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2020 and ending September 30, 2021. City of Cape Canaveral, Florida Resolution No. 2020-15 Page 1 Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 0.0552 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This tentative proposed Ad Valorem Tax shall be levied upon the 2020 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2020 and ending September 30, 2021. Section 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 21 st day of July, 2020. ATTEST: Mia Goforth, CMC City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond City of Cape Canaveral, Florida Resolution No. 2020-15 Page 2 For Against City of Cape Canaveral City Council Meeting - July 21, 2020 Agenda Item Summary Item No. 4 Subject: Consider Application for Reduction of a $47,425.00 Code Enforcement Lien, Case No. 18-183. (8497 Ridgewood Drive) Department: Community Development Summary: On December 4, 2015 the subject property suffered structural and cosmetic fire damage. The property owner secured the premises. Within the next two years the roof was replaced, but the structure remained boarded up. However, over that two-year period, the property began to show signs of deterioration until ultimately it became dilapidated and was the source of numerous community complaints. It was considered a blighted property. Code Enforcement made several attempts during this period to compel the owner to bring the property into compliance. The matter was forwarded to the Code Enforcement Board on May 17, 2018. The Board entered an Order imposing penalty in the amount of one -hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until the violation was corrected and full compliance was confirmed (Attachment 1). Per standard procedure, the Board Order was recorded in the Brevard County Public Record. In August 2019 a representative of American Investment Strategies, LLC (Applicant) contacted Code Enforcement Staff regarding this property. He requested information on the status of the case and stated that his firm may be interested in purchasing. He inquired about the process of Lien Reduction. Staff informed him that the (then) Code Enforcement Board could hear a Request for Lien Reduction and make a reduction recommendation to City Council. When the investor inquired about an expectation of the amount of the reduction, Staff informed him that traditionally it was related to the length of time that it took for the investor to bring the property into compliance and that Staff could make a recommendation which may range from no reduction to the amount of Staff costs. No guarantee was given. The investor understood that he would be making a good faith effort, working with Staff and the Code Enforcement Board. On September 9, 2019, the Property was purchased by the applicant, and on September 10, 2019, the applicant applied for a demolition permit. On October 11, 2019, the applicant applied for a residential alteration building permit to cause the needed repairs and improvement to the property. On February 7, 2020, Code Enforcement Staff conducted a site visit and confirmed that the property has been brought into compliance with Code (Attachment 2). The lien stopped accruing and the total fine was calculated at $47,425.00 (Attachment 3). On March 3, 2020, the Property owner applied for a reduction of the Code Enforcement Lien (Attachment 4). Included are the City's actual costs for enforcement of the violation which totals $1,032.81 (Attachment 5). During this period of time, the Code Enforcement Board was sunset and the City moved to the services of a Special Magistrate. A corresponding change was made in the City Code [Sec. 2-260(d)] to move Code Enforcement Lien Reduction requests to the City Council. City of Cape Canaveral City Council Meeting — July 21, 2020 Agenda Item No. 4 Page 2 of 2 Current market value of the Property according to the Brevard County Property Appraiser is $170,030.00. Because the property was brought into compliance within five months of purchase, this was indeed considered a good faith effort and Staff is comfortable making a recommendation to reduce the lien to Staff costs so that other potential investors will continue to see the benefit of working in good faith with the Code Enforcement process. Submitting Department Director: David Dickey? Date: 07/07/2020 Attachments: //// 1 — Board Order No. 18-183 2 — Notice of Compliance 3 — Lien Calculation 4 — Lien Reduction Application 5 — City Costs Spreadsheet Financial Impact: Reduction up to $47,425.00 in outstanding Code Enforcement liens; Staff time and effort to complete the Agenda Item Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/02/2020 The City Manager recommends the City Council take the following action: Approve the reduction of the outstanding Code Enforcement liens associated with Case No. 18-183 to Staff cost of $1,032.81. Approved by City Manager: Todd Morley Date: 07/07/2020 Attachment 1 CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. Kim, Sang Soo; Kim, Chin Wha Respondents, Subject Property: Parcel number: 8497 Ridgewood Ave. Cape Canaveral, Florida 32920 24-37-14-87-*-21 Case # 18-183 C:FN 2018119030. OR 6K 8174 PAGE 195. Recorded 05/25/2018 al 03.52 PM, Scott Ellis. Clerk. of Courts: C-rrevan0 County # Par::3 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER (FIRST VIOLATION) THIS CAUSE came before the Code Enforcement Board ("Board") of the City of Cape Canaveral, Florida, on May 17, 2018 for consideration, after due notice to Respondent, to determine whether any violations of the City of Cape Canaveral Code of Ordinances ("City Code") exist or existed on the Subject Property. The Board, having heard the arguments of the parties and the evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with the City Code and consistent with sections 34-96 and 34-98, of the City of Cape Canaveral Code of Ordinances. 2. That a Violation of Section 34-96, Standards established; Section 34-98, Building appearance and maintenance, of the City of Cape Canaveral Code of Ordinances; exists or existed on Subject Property and that Respondent was further provided a reasonable time to correct said violation(s); 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation. Case # 18-183 4. That the Respondent was provided Notice of Hearing before the Code Enforcement Board, in accordance with the City Code and consistent with sections 162.06 and 162.12, Florida Statutes, and were not present at the hearing; 5. That, based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-96, Standards established; Section 34-98, Building appearance and maintenance. 6. That said violation(s) exist(s) or existed within the City of Cape Canaveral and that such constitute(s) violation(s) of the City Code. BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine shall be entered immediately in the amount of one hundred dollars ($100.00) for the first day and seventy five dollars ($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent(s) shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance. 2. The Clerk of the Code Enforcement Board is hereby directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall, pursuant to section 162.09(3), Florida Statutes, serve as a lien against the Property and any other real or personal property owned by the Respondent. 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral. Florida. this 17th day of May. 2018. CorTINCM STATE Of FOIL COUNTY OF IIMIVAND CITY OF CA!! CANINRRA . CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA AA- arice/Z.7,-, de kiniv4.01, Oft ropy of Ova, horposbig Ps is/ ON M f - f r . domed • 4';l''7 .SI L , Wawa int amiett plairemspiof .• .timod copy Mr 'A"'Mary Russ I Chairperson B 'ray hood and MN add mil Cite Oty of Ow Cooloo l go MIY,p - 3 . of City Ciouk er Deputy City Clair Pane. 2 of 1 Case # 18-183 Copies furnished to: CERTIFIED MAIL 7017 1450 0001 2238 7024 Kim, Sang Soo; Kim, Chin Wha, Respondents 8497 Ridgewood Ave. Cape Canaveral, Florida 32920 I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been furnished by certified mail to the Respondent(s) and/or Respondent's authorized representative on this, 3 rR day of CV1 , 2018. Clerk to the Code Enforcement Board Pa an 2 of Attachment 2 City of Cape Canaveral Community Development RE: NOTICE OF COMPLIANCE American Investment Strategies, LLC C/O Jared Doyle 1875 Hidden Lake Dr Rockledge FL 32955 Case No. 18-183 DATE: 2/7/2020 LOCATION OF VIOLATION: 8497 Ridgewood Ave Cape Canaveral FL, 32920 PARCEL ID: 24-37-14-87-*-21 RESPONDENT(S): American Investment Strategies, LLC., C/O Jared Doyle A site inspection of the property located at 8497 Ridgewood Ave, revealed the property to be in compliance. DESCRIPTION OF VIOLATION: Section 34-96. (b) Standards established Section 34-98, (2), (4), (5), (6) Building appearance and maintenance. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me at (321) 868-1220. Sincerely, Brian Palmer Code Enforcement Officer 100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1247 www.cityofcapecanaveral.org THE SPACE BETWEEN' Attachment 3 Amount of Lien Amount of Lien Case# Address Date lien Starts (First Day) (Everyday After) 2/7/2020 18-183 8497 Ridgewood Ave 5/17/2018 $100.00 $75.00 $47,425.00 Lien Breakdown 2018 2019 2020 I_Month I Days _ _ I Amount I I Month I Days I Amount I I Month I Days 1 Amount I Jan $0.00 Jan 31 $2,325.00 Jan 31 ! $2,325.00! Feb $0.00 ! Feb 28 ! $2,100.00 ! ! Feb 7 1 $525.00 March $0.00 March 31 $2,325.00 March Apr $0.00 Apr 30 $2,250.00 _ Apr May 1 14 j $1,050.00 j j May 1 31 1 $2,325.00 j j May June I 30 I $2,250.00 I I June I 30 I $2,250.00 I I June I I I July 31 $2,325.00 July 31 $2,325.00 I July I I I Aug 31 ! $2,325.00 ! Aug ! 31 ! $2,325.00 Aug Sept 30 $2,250.00 Sept 30 $2,250.00 Sept Oct 31 $2,325.00 Oct 31 $2,325.00 �— Oct Nov j 30 j $2,250.00 Nov 30 I I I I $2,250.00 I I Nov I I I Dec I 31 I $2,325.00 I I Dec I 31 I $2,325.00 I I Dec I I I TOTAL: 167 1 $17,200.00 I 365 I $27,375.00 I 38 $2,850.00 Attachment 4 tr'S�L tITY N EXrq Ci€y of Cape Canaveral CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR REDUCTION OF CODE_ ENFORCEMENT LIEN CODE ENFORCEMENT CASE It 2018-183 APPLICATION FEE: $ 100.00 APPLICANT: American investment Strategies DATE: 3/3/2020 ADDRESS: 8497 Ridgewood Ave CITY: Cape Canaveral STATE: FL ZIP: 32920 EMAIL:dovlenp@hotmail.cam PHONE:321-695-4175 NATURE OF VIOLATION(S): Property Condition / Fire Damage ADDRESS OF SUBJECT PROPERTY:8497 Ridgewood Ave Cape Canaveral FL, 32920 PARCEL ID: 2.4-37-14-87-'x-21 DATE FINE/LIEN FILED: 5/17/2018 AMOUNT (Total): $47,425.00 COMPLIANCE DATE: 3/7/2020 RELIEF REQUESTED:❑ SATISFACTION / ®REDUCTION IF REDUCTION, THE APPLICANT PROPOSES $ 0 AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add more pages) Please see Attachments THE REASON, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add more pages) Please see attachments ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add more pages) Please see attachments Visji us at `• 100 Poll; .avenue — P.O. BON 326 • Cape C'anaveral. FL 32920 (321) 868-1220 • Fax (321) 868-12 i8 • hill} rt l'll`:0l.e:Ipec,',,naveial.01.; • ?TheSpacel3et\veen THE SPAC( BETWEEN' \lisft us at 3/3/2020 APPLICANT'S SIGNATURE- DATE STATE OE/ kc1 COUNTY OF BEFORE ME the ndersigned authority did personally appear t Jc ki - ✓11( who provided (,1.4'hoL I'17 as identification, and who after being placed under oath, swore or affirmed the information contained within this application is true and correct, n- Lam_._;• y . :�., e;.__- .:,:, _ _ i! a zev'N:3P+ APRIL D. DODD k, "" COMMISSION 4 FF 991034 EXPIRES: July 15, 2020 Bonded Thru Notary Public U denwitcrs 1j (;67:12,4____—,--Q Notary Public FOR STAFF USE ONLY APPLICATION RECEIVED BY CITY ON 3/3/2020 COMPLIANCE CONFIRMED ON 2/7/2020 ACTION OF THE CITY COUNCIL: ❑APPROVE; DDENY; ❑APPROVE WITH THE FOLLOWING CONDITIONS: DATE OF CITY COUNCIL ACTION: CONDITIONS AND PAYMENT Or REDUCED FINE TO BE MET WITHIN 30 DAYS OF CITY COUNCIL ACTION, TO WIT: ON OR BEFORE 100 Polk Avenue — S.O. Box 326 • Cope Canaveral. FL 32920 (321) 868-1220 • Fax (321) 868-12-1S • info TheSpnceBetweetl THE SPACE BETWEEN' 8497 Ridgewood Ave Cape Canaveral, FL 32920 To whom it may concern, We are seeking a reduction of lien in the amount of $47,425.00 and are hoping the board will grant us a significant break because we were not the owner that caused most of these violations. The violations began 1/31/2018 due to a fire and neglect from the previous owners and we purchased this property on 9/9/2019 and immediately filed for permits to repair the property. Our building permit was issued on 11/1/2019 and our General Contractor and Subs began working diligently on this property. We have spent a significant amount of money on this property and as you can see from the pictures this property went from the worst house (probably in the city) to probably one of the best as far as curb appeal and the finishing touches inside. Our original budget was approx. 85-95K but we sailed through that and will probably be 190-200K when things are all said and done. We have attached an itemized list of repairs and upgrades to accompany the pictures that we will be bring of the completed remodel to the hearing. We went above and beyond to make sure everything in this house was perfect! We have been very diligent throughout this entire process to get the remodel done as efficiently as possible. Our company buys and remodels homes for resale and we take great pride in our workmanship! We try to work the municipalities to turn dilapidated, eye sores into the nicest houses on the block! We are hoping you will consider our request for the reduction of lien. Sincerely, Nathan Doyle American Investment Strategies, LLC City of Cape Canaveral --a APPLICANT PROCEDURES FOR APPLYING FOR A SATISFACTION OR REDUCTION OF A CODE ENFORCEMENT LIEN Where a certified copy of an Order imposing a penalty or fine, as described in F.S. Ch. 162, has been recorded in the public records of 13revard County, Florida, and has become a lien against the land and/or property, once the property has been found in compliance, a request for the satisfaction or reduction of the Iicn may be submitted in writing on the application form provided by the City of Cape Canaveral. The following procedures apply to any person applying for a satisfaction or reduction of the Code Enforcement lien. 1. The application must be submitted at least ten (10) days prior to the next available City Council Meeting, on the application provided by the City. 2. A one-time application fee of $100.00 must be paid at the time the application is submitted to Staff. 'This fee is non-refundable, without regard for the final determination of the request. 3. if the person applying for the satisfaction or reduction of the Code Enforcement Lien is not the current property owner, a notarized statement allowing the individual(s) to represent the property must be submitted with the application. 4. Once the completed application has been reviewed and approved, the request will be scheduled for the first available City Council Meeting and a Code Enforcement Officer will notify you of the location, date, and time of the scheduled Hearing. Staff strongly recommends that you or a representative is present at the hearing. Please initial here: 5. The request will be presented to the City Council and the City Council will review and consider the application for reduction or release of lien, provide the violator with an opportunity to address the Council regarding the application for reduction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. 6. Upon review of the application and any testimony presented, the City Council shall by motion or writing approve, approve with conditions, or deny the application for reduction or release of lien. 7. The violator shall have thirty (30) days in which to comply with the conditions imposed by the City Council. Failure of the violator to comply, will result in the automatic denial of the application for satisfaction or reduction of the lien. 8. if the application is denied for any reason; the violator/application shall not be allowed to apply for a subsequent satisfaction or reduction of the lien for a period of one (1) year. During that period the lien may only be satisfied and released upon full payment of the fine or penalty imposed. .16 Signature of Applicant: L ate: 3/3/2020 THE SPACC BETWEEN' 100 Polk Avetlue — P.O. Box 326 • Cape Canaveral. FL 32920 (321) 363-1220 • Fax (321) 868-1243 Visit us at 'ATM.c:llvo1Capee:11l:Ivnn.11.ttig • info "1-1 city o captcallaveral.orkg • #T1leSpaceBetweetl Photo of property (Before) Photo of property (After) 8497 Ridgewood Ave Building Improvements Exterior: • Replaced all rotted wood/siding • Installed Custom Stack Stone on Front Entry way • Rebuilt decks/railings and installed Trex Composite Decking • Cementitious stucco finish on the entire first floor • Installed Impact Vinyl Windows/Doors/Sliders • Installed New Impact Garage Door and Opener • Converted 1/2 of the garage and upstairs covered patio into additional living space. • Painted the entire property • Tiled front porch and installed custom Sailboat Mosaic • Replaced all coach lights, flood lights and added recessed can lights in all soffits. • Installed Paver walkway to side door as well as down the side of the house and entire back yard. • Pressured Washed and stained wooden fence • Installed Gutters all the way around the house • All new irrigation system and controls • Installed new Sunshade for back porch • Landscaped entire yard and install St. Augustine sod on entire property along with rock in the beds. • Replaced Service and Electrical Meter and had FPL pull a new electrical line from pole. • Installed Ring Doorbells Interior: • Installed New Kitchen and Wet Bar with All Wood Cabinets, Quartzite countertops, Stainless Appliances and Backsplash • All the Electrical wiring, Boxes, Switches, Outlets and Fixtures are all new • New R-19 insulation on walls, Soundproof insulation between floors and R-50 was blown in the attic for maximum insulation • Entire house has new drywall, texture and paint • New Pex Waterlines and tankless water heater • New 200-amp Panel was installed along with sub panel upstairs • All new recessed can lights, high end ceiling fans, vanity lights, under/over cabinet lighting. • Custom Cypress Stump Chandeliers along with Lavish Foyer Crystal Chandelier • Installed Surveillance System throughout entire property 9 cameras with DVR • Installed new blinds/rods/curtains • Installed (2) 2.5-ton A/C units as well as new ductwork throughout. • Installed (4) Custom Showers/Tubs with Rain heads with LED lights as well as custom vessel sinks and faucets. Showers have frameless %" glass for doors. • All new solid wood doors, casing and 5.25" finger joint crown molding and baseboard. • Painted the entire interior with Valspar Paint • Installed custom nautical towel hooks throughout all bathrooms. • Installed custom tongue and groove stained pine boards in the upstairs living room ceiling • Installed electric LED fireplace with custom stack stone and 100+ year old pecky cypress mantle • Installed Luxury Vinyl Plank flooring throughout entire property Attachment 5 Staff Costs For Enforcement of Violations for 8497 Ridgewood Ave Date Discription Time Amount 1/23/18 Site visit to property; photos; fuel ($2.15) 1.0 Hr $36.44 2/1/18 Notice of Violation (NOV); Mailed certified mail 1.0 Hr $43.11 return reciept requested ($6.67); Fuel ($2.15) 3/14/18 Prepared Notice (NOV) for posting property and 2.0 Hr. $70.73 City Hall; photos; Fuel ($2.15) 5/4//18 Prepared Notice (Notice of Hearing) for posting 1.0 Hr $36.44 property and City Hall; photos; Fuel ($2.15) 5/7/18 Site visit to property; photos; fuel ($2.15) 1.0 Hr $36.44 5/16/18 Prepare Power Point for hearing 2.0 Hr $33.85 5/17/18 Site visit to property; photos; fuel ($2.15) 1.0 Hr $70.58 5/17/18 Code Enforcement Board Hearing; Time for 1.0 Hr $291.81 Officer Palmer @ $34.29; Building Official @ $51.12; Board Secretary @ $28.40; City Attorney @ $178.00 (lhour for all) 5/24/18 Prepared Board Order for mailing; Secretary @ 1.0 Hr $37.22 $28.40; mailings ($6.67); Fuel ($2.15) 5/25/18 Cost to file Board Order with Brevard County 1.0 Hr $19.00 Clerk of Court ($10.50 first page and $8.50 every page thereafter) 5/25/18 Site visit to property; spoke with owners; fuel 2.0 Hr $70.73 ($2.15) 5/27/18 Spoke with Complainant. 1.0 Hr. $34.29 5/29/18 Spoke with property owners. 1.0 Hr. $34.29 6/5/18 Spoke with Complainant. 0.50 $17.14 7/24/19 Request for lien payoff- emailed .50 Hr. $17.14 2/7/20 Compliance inspection; fuel ($2.15) 1.0 Hr $36.44 2/8/20 Staff time for preparing case; spreadsheet; 3.0 Hr $102.87 3/3/20 Preparation of release of lien and recording; 1.00 $44.29 Total Staff Costs $1,032.81 City of Cape Canaveral City Council Meeting - July 21, 2020 Agenda Item Summary Item No. 5 Subject: Approve Coronavirus Aid, Relief, and Economic Security (CARES) Act Interlocal Agreement between the City and Brevard County Board of County Commissioners and authorize Mayor to execute same. Department: Financial Services Summary: On March 27, 2020, after passage by the United States Congress, the President signed the "Coronavirus Aid, Relief, and Economic Security (CARES) Act" to appropriate funding for a wide variety of needs and tremendous costs related to the coronavirus pandemic response to include an appropriation of $150 billion to States, Tribal governments, and units of local government. Funds were authorized to be allocated as a direct payment from the Department of the Treasury to certain units of local governments of a State that submit a certification for the purpose of receiving a direct payment. By relative population, Brevard County was an eligible unit, submitted a certification and has received an appropriation of $105 Million Dollars. Based on this appropriation, the City of Cape Canaveral is entitled up to $615,000, which may only be used to cover expenses that: (a) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; and (b) were not accounted for in the City's Budget most recently approved as of March 27, 2020; and (c) were or will be incurred during the period that began on March 1, 2020, and ends on December 30, 2020. The expense is incurred when the County has expended the funds to cover the expense or reimbursed the City for the expense. The expenditure or reimbursement for expenditure must comply with the CARES Act and the Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments issued by the Department of Treasury. Recommend approval to the City Council of the proposed Interlocal agreement. Submitting Department Director: John DeLeo Date: 07/14/2020 Attachment: Interlocal Agreement Financial Impact: Cost of Interlocal preparation, advertisement and Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/14/2020 The City Manager recommends the City Council take the following actions: Approve Coronavirus Aid, Relief, and Economic Security (CARES) Act Interlocal Agreement between the City and Brevard County Board of County Commissioners and authorize Mayor to execute same. Approved by City Manager: Todd Morley Date: 07/14/2020 INTERLOCAL AGREEMENT CARES ACT FUNDING THIS INTERLOCAL AGREEMENT is made and entered into by and between the BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County," and THE CITY OF CAPE CANAVERAL a municipal corporation organized under the Laws of Florida, hereinafter referred to as "City." RECITALS: WHEREAS, the United States Congress passed and the President signed on March 27, 2020, the "Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Act" to appropriate funding for a wide variety of needs and tremendous costs related to the coronavirus pandemic response to include an appropriation of $150 billion to States, Tribal governments, and units of local government; WHEREAS, funds were authorized to be allocated as a direct payment from the Department of the Treasury to certain units of local governments of a State that submit a certification for the purpose of receiving a direct payment; WHEREAS, by relative population Brevard County was an eligible unit and submitted a certification and has received an appropriation of $105 Million Dollars; WHEREAS, in order to receive the allocation, the County was required to certify the funds will be used only in the County's response to COVID-19 and as further set forth herein; WHEREAS, the County recognizes that the City will incur many of the same costs and needs the County will incur in responding to the COVID-19 pandemic and wishes to provide assistance to the City, in compliance with the CARES Act (including Guidance issued by the Department of Treasury) and as otherwise authorized by the Board of County Commissioners, as set forth herein; and WHEREAS, this assistance will be of great benefit to the health, safety and welfare of the public. NOW THEREFORE, the County and the City covenant and agree that they have full power and authority to enter into this Agreement and bind their respective governmental entities as follows: SECTION 1. RECITALS. The above recitals are true and correct and by this reference are hereby incorporated into and made an integral part of this Agreement. 1 SECTION 2. STATUTORY AUTHORITY. This Agreement shall be considered an Interlocal Agreement pursuant to the authority of Florida Statutes, Chapter 163, Part 1, 2020. SECTION 3. CARES ACT REQUIREMENTS. CARES Act funds may only be used to cover City expenses that: (a) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; and (b) were not accounted for in the City's Budget most recently approved as of March 27, 2020; and (c) were or will be incurred during the period that began on March 1, 2020, and ends on December 30, 2020. The expense is incurred when the County has expended the funds to cover the expense or reimbursed the City for the expense. The expenditure or reimbursement for expenditure must comply with the CARES Act and the Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (and Answers to Frequently Asked Questions which supplement the Guidance) issued by the Department of Treasury. Revenue replacement is not a permissible use of CARES Act funds under the terms of this Agreement. The City will not receive any CARES Act funding for any expense or cost that is paid for or reimbursed by another source. SECTION 4. RESPONSIBILITY FOR EXPENDITURE OF CARES ACT FUNDS. (a) The County, as the recipient of $105 million dollars of CARES Act funds, is responsible for ensuring that all expenditures, including those made or incurred on behalf of the City, meet the requirements set forth in Section 3 above. (b) The County has no legal obligation to appropriate or set aside any CARES Act funding for the City. This Agreement does not create a contractual right to any expenditure for the City. (c) The City, by submitting a request for expenditure of CARES Act funds, represents to the County that the request, relevant budgetary background for the budget most recently approved as of March 27, 2020, and associated documentation has been appropriately reviewed by its staff to determine that the expenditure meets the requirements set forth in Section 3 above. 2 (d) The City understands that the County will be audited in the future both internally and by the federal government to evaluate the eligibility of expenditures; that if an expenditure made to or on behalf of the City is determined to be ineligible, the County may be required to reimburse or pay the federal government back for the ineligible expenditure; and that the City agrees to pay the County back to the extent that the federal government requires the County to reimburse the ineligible expenditure. The City shall remit such payment to the County within 30 calendar days from the date the County notifies the City, in writing, that the federal government has demanded the return of CARES Act funds expended by the County at the request of the City, subject to any applicable appeal of the federal government's eligibility determination. (e) The County will not be responsible for any expenditure it agrees to make on behalf of the City if it is disallowed by the federal government. (f) All decisions by the County for the expenditure of funds under this Agreement, from the County's CARES Act appropriation, are final and not subject to any grievance, appeal, or litigation administratively or otherwise. All decisions are solely within the discretion of the County. SECTION 5. COUNTY GUIDELINES; PROCEDURE FOR REQUESTING FUNDS. (a) The Board of County Commissioners of Brevard County approved the use of CARES Act funds for certain Public Health and Safety programs at its regular meeting on May 5, 2020. It is the County's intent to reimburse the City for City expenditures for the same types of programs as approved by the Board at the May 5, 2020 meeting, which are eligible for CARES Act funding, or as may otherwise be approved by the Board in the near future. (b) The County will provide the City with the procedures for requesting CARES Act funds, no later than five business days from the City's execution of this Agreement, which may be adjusted from time to time. Any changes to the procedures provided by the County will be transmitted to the City as soon as approved by the County Manager. The City agrees to provide documentation requested by the County in order to justify requested expenditures incurred due to the public health emergency with respect to COVID-19. (c) As of the date of the City's execution of this Agreement, the City will coordinate with the County regarding any purchase for which the City requests CARES Act funding. The County may elect to make the purchase directly and distribute the purchased supplies, commodities, etc., to the City. 3 (d) All purchase orders or contracts, whether issued by the City or the County, shall include the OMB Uniform Guidance contract clauses and FEMA required contract clauses. SECTION 6. NOTICES. All Notices required under this Agreement, and as not otherwise directed herein, shall be in writing and delivered to the parties by United States mail, hand delivery, express mail or electronic mail (email) as follows: (a) City Representative: John DeLeo, Administrative/Financial Services Director City of Cape Canaveral 100 Polk Avenue PO Box 326 Cape Canaveral, FL 32920 j.deleo@citvofcapecanaveral.org (321) 868-1220 ext. 204 (b) County Representative: Jill Hayes, Director, Budget Office Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Bldg C Viera, FL 32940 jill.hayes@brevardfl.gov (321) 633-2153 SECTION 7. DEFAULT. Either Party to this Agreement, in the event of any act of default by the other, shall have all remedies available to it under the laws of the State of Florida. SECTION 8. SEVERABILITY If any part of this Agreement is found to be invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can still be accomplished. SECTION 9. EFFECTIVE DATE. 4 Pursuant to Chapter 163, Florida Statutes, the effective date of this Agreement shall be the date on which it is recorded with the Clerk of the Circuit Court in and for Brevard County. SECTION 10. RECORDING. Upon execution of this Agreement, the County shall record a fully executed original of this Agreement in the Public Records of Brevard County, Florida, and shall return a recorded original of the Agreement to the City representative listed in Section 6. SECTION 11. TERMINATION. Either party to this Agreement can terminate this Agreement, with or without cause, by furnishing thirty days prior written notice as provided for in Section 6. SECTION 12. ATTORNEYS FEES. In the event of any legal action to enforce the terms of this Agreement, each party shall bear its own attorney's fees and costs. SECTION 13. VENUE AND NON -JURY TRIAL. Any legal action to enforce, interpret, or construe the terms of this Agreement, shall be in a court of competent jurisdiction in and for Brevard County, Florida and any trial shall be a non - jury trial. SECTION 14. COMPLIANCE WITH STATUTES. It shall be each party's responsibility to be aware of and comply with all federal, state, and local laws. SECTION 15. ENTIRETY. This Agreement represents the understanding and agreement of the parties in its entirety. There shall be no amendments to this Agreement unless such amendments are in writing and signed by both parties In witness whereof, the parties hereto have set their hands and seals on the date and year written below. ATTEST: THE CITY OF CAPE CANAVERAL Todd Morley, City Manager Robert E. Hoog, Mayor 5 As approved by the Council on Approved as to legal form and content: Attorney for the City ATTEST: BOARD OF COUNTY COMMISSIONERS BREVARD COUNTY, FLORIDA Scott Ellis, Clerk to the Board Bryan Lober, Chairperson As approved by the Board on: Approved as to legal form and content: Attorney for the County 6 City of Cape Canaveral City Council Meeting - July 21, 2020 Agenda Item Summary Item No. 6 Subject: Approve the Third Modification to Binding Developer's Agreement related to the Holiday Inn Club Vacations Cape Canaveral Beach Resort (formerly known as Cape Caribe) located at 1000 Shorewood Drive and authorize Mayor to execute same. Department: Community Development Summary: With an effective date of April 22, 2010, the City entered into a Binding Developer's Agreement (BDA) with the current owner's predecessor, Cape Caribe, Inc., for the development of a hotel/resort condominium project located at 1000 Shorewood Drive. The BDA was amended on January 18, 2012 and again on January 21, 2014 to reflect changes to the project's configuration and timelines. The project includes 8 buildings containing 600 hotel and resort condominium units. As outlined in Section 10 of the BDA as amended, the development of the five (5) unconstructed remaining buildings is to be completed over five (5) phases, with a deadline for submittal of a building permit application for each unconstructed building as indicated below: • 1st Building — April 22, 2015 (completed) • 2nd Building — April 22, 2020 • 3rd Building — April 22, 2025 • 4th Building — April 22, 2030 • 5th Building — April 22, 2035 The Parties began to negotiate a third modification to the BDA to present to the City Council for consideration which changed the site plan for the western most vacant portion of the Property and the phased development schedule under Section 10.0 of the BDA for the unconstructed Remaining Buildings. However, due to the COVID-19 Emergency, the third modification was delayed and could not be completed prior to the April 22, 2020 deadline. At its April 21, 2020 Regular Meeting, City Council approved a 90-day Time Extension to the Binding Developer's Agreement (Attachment 1), now ending July 22, 2020, to provide additional time to complete the third modification to the BDA. This extended the development schedule time period to file building permits to construct the second of the unconstructed remaining buildings. All other deadlines contained in the BDA remain unchanged. The City Attorney has prepared the attached third modification to the BDA (Attachment 2). In summary, the modification: 1. Amends the Revised Site Plan for approximately five (5) acres of the western most portion of the property by combining two of the originally proposed buildings (Buildings 6 & 7) into one hotel building with 150 keys and ancillary hotel amenities as shown on the Concept Plan (Attachment 3). City of Cape Canaveral City Council Meeting — July 21, 2020 Agenda Item No. 6 Page 2 of 2 2. Amends the development schedule for the remaining buildings in accordance with the following schedule: 10.1.1 No later than June 30, 2021, Owner shall submit the building permit application to construct the hotel building... 10.1.2 No later than December 31, 2035, Owner shall submit the building permit application to construct the third building... 10.1.5 No later than December 31, 2040, Owner shall submit the building permit application to construct the fourth and fifth buildings... 3. Provides for the preparation and recordation of a revised sketch and legal description of the five (5) acre conservation easement. Owner shall design, install and maintain a public, paved trail only for public pedestrian and non -motorized bicycle use. 4. Requires the property owner to install and maintain a decorative and lush landscaped buffer along the entire perimeter of the northern and eastern property boundaries. 5. Provides operational and aesthetic standards that shall apply to the existing small outdoor storage area located within the southeast corner of the western five (5) acres. Submitting Department Director: David Dickey Date: 07/13/2020 Attachments: 1. 90-day Time Extension to Binding Developer's Agreement 2. Third Modification to Binding Developer's Agreement 3. Concept Plan Financial Impact: Staff time and effort to prepare Agenda Item and record the Modification. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/06/2020 The City Manager recommends the City Council take the following actions: Approve the Third Modification to Binding Developer's Agreement related to the Holiday Inn Club Vacations Cape Canaveral Beach Resort (formerly known as Cape Caribe) located at 1000 Shorewood Drive and authorize Mayor to execute same. Approved by City Manager: Todd Morley Date: 07/13/2020 Attachment 1 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese. City Attorney of Cape Canaveral Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 HOLIDAY INN CLUB VACATIONS CAPE CANAVERAL BEACH RESORT (Formerly known as CAPE CARIBE) TIME EXTENSION TO BINDING DEVELOPER'S AGREEMENT THIS TIME PERIOD EXTENSION TO BINDING DEVELOPER'S AGREEMENT ("Time Extension Agreement") is made on this Z day of /f2M/1— 2020 by and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation ("City") and HOLIDAY INN CLUB VACATIONS INCORPORATED, a Delaware corporation, as successor in interest to OLCC FLORIDA, LLC., "Owner") whose principal address is 9271 S. John Young Parkway, Orlando, Florida 32819. WITNESSETH: WHEREAS, this Time Period Extension Agreement is for the sole purpose of extending the development schedule time period to file building permits to construct the second of the unconstructed Remaining Buildings under the developer's agreement entered into by the Parties pursuant to the Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and WHEREAS, Owner is the successor in fee simple title to Cape Caribe, Inc. and 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, Owner's predecessor in fee simple title and the City previously entered into that certain Binding Developer's Agreement recorded on and with an Effective Date of April 22, 2010 in the Public Records of Brevard County, Florida at Official Records Book 6152, Page 2042, as amended by that certain Modification to Binding Developer's Agreement recorded on January 18, 2012 in Official Records Book 6521, Page 1746 of the Public Records of Brevard County, Florida and that certain Second Modification to Binding Developer's Agreement on January 21, 2014 in Official Records Book 7054, Page 2186 of the Public Records of Brevard County, Florida (collectively referred to as "BDA"); and WHEREAS, Section 10.1.2 of the BDA requires Owner to submit the building permit application to construct the second building of the unconstructed Remaining Buildings no later than April 22, 2020; and WHEREAS, the Parties however are currently negotiating a third modification to the BDA to present to the City Council for consideration which potentially may change the site plan for the western most vacant portion of the Property and the phased development schedule under Section 10.0 of the BDA for the unconstructed Remaining Buildings; and WHEREAS, due to the COVID-19 Emergency, the completion of the third modification to the BDA has been delayed and could not be completed prior to the April 22, 2020 deadline, and the Parties therefore desire additional time to complete the draft third modification to the BDA as set forth herein prior to Owner being required to submit building permits for the second building of the unconstructed Remaining Buildings; 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 Extension of Time under Section 10.1.2. The Parties agree that the building permit application to construct the second building of the unconstructed Remaining Buildings shall be submitted to the City no later than July 22, 2020 unless otherwise agreed in writing by the Parties. 4.0 No Recordation. This Time Extension Agreement shall not be recorded in the public records of Brevard County, Florida. 5.0 Miscellaneous. All terms and conditions of the BDA and other development approvals by the City for the project, which are not expressly and specifically modified by this Time Extension Agreement, shall continue to remain in full force and effect. For purposes of future contract interpretation, the parties agree that the BDA, as amended by this Time Extension Agreement shall collectively be referred to as the "BDA" or "Agreement." Time Extension Agreement City of Cape Canaveral / Holiday Inn Club Vacations Page 2 of 4 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the dates indicated below. ATTEST: By: Mia Goforth, CMC, City Clerk CITY: City of Cape Canaveral, a Florida ,nicipal,corpgration By: Bob Hoog, Mayor Date: 4 /zz (z APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida only Anthony A. Garganese City Attorney, for the City of Cape Canaveral, FI. Time Extension Agreement City of Cape Canaveral / Holiday Inn Club Vacations Page 3 of 4 HOLIDAY INN CLUB VACATIONS INCTED, By: Print Name: Brian T. Lower Title: Managing Member Date: April 28, 2020 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me by means of (9 physical presence or ( ) online notarization this 28th day of April, 2020 by Brian T. Lower, as Managing Member of Holiday Inn Club Vacations Incorporated, as successor in interest to OLCC Florida , LLC, a Delaware corporation on behalf of said company. He is personally known to me or produced as identification. ]JoJ\CMO /J 0l2.s. x.r 0Jc ( Notary Public Signature (NOTARY SEAL) Doreen Ann Varricchio Print Name Notary Public, State of Florida Commission No.: GG269304 My Commission Expires: 2/5/2023 Time Extension Agreement City of Cape Canaveral / Holiday Inn Club Vacations Page 4 of 4 Attachment 2 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese. City Attorney of Cape Canaveral Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 HOLIDAY INN CLUB VACATIONS CAPE CANAVERAL BEACH RESORT (Formerly known as CAPE CARIBE) THIRD MODIFICATION TO BINDING DEVELOPER'S AGREEMENT THIS THIRD MODIFICATION TO BINDING DEVELOPER'S AGREEMENT ("Third Modification") is made on this day of July, 2020 by and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation ("City") and HOLIDAY INN CLUB VACATIONS INCORPORATED, a Delaware corporation, as successor in interest to OLCC FLORIDA, LLC., "Owner") whose principal address is 9271 S. John Young Parkway, Orlando, Florida 32819. WITNESSETH: WHEREAS, this Agreement is a third modification to 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 successor in fee simple title to Cape Caribe, Inc. and 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, Owner's predecessor in fee simple title and the City previously entered into that certain Binding Developer's Agreement recorded on and with an Effective Date of April 22, 2010 in the Public Records of Brevard County, Florida at Official Records Book 6152, Page 2042, as amended by that certain Modification to Binding Developer's Agreement recorded on January 18, 2012 in Official Records Book 6521, Page 1746 of the Public Records of Brevard County, Florida and that certain Second Modification to Binding Developer's Agreement on January 21, 2014 in Official Records Book 7054, Page 2186 of the Public Records of Brevard County, Florida (collectively referred to as "BDA"); and WHEREAS, Owner now desires to further amend the Revised Site Plan for approximately five acres of the western most portion of the Property by combining the two originally proposed buildings (Buildings 6 & 7) into one hotel building with 150 Keys (no Lock Outs will be permitted) and ancillary and customary hotel amenities as shown on the attached Third Modification Concept Plan described in Section 3 of this Third Modification; and WHEREAS, Owner further desires to amend the remaining development schedule as set forth in the BDA due to its desire to proceed with the construction of the above -mentioned hotel as the next phase of the Project; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this Third Modification; and WHEREAS, the City Council finds this Third Modification to be consistent with the City's Comprehensive Plan and land development regulations. 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 Modification to Section 6.0 of the BDA. Section 6.0 of the BDA shall be modified as follows (underlined type indicates additions to and strikcthrough type indicates deletions from the existing text of the BDA): 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 amended by the site plan for Building 5 prepared by Allen Engineering, Inc. dated August 26, 2013; revised on October 4, 2013 and on file at Cape Canaveral City Hall. As a matter of convenience, and at the request of 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. Additionally, the parties acknowledge that it is the Owner's intention to further amend the Revised Site Plan consistent with the conceptual site plan attached to the DEVELOPER' S AGREEMENT City of Cape Canaveral / Holiday Inn Club Vacations Page 2 of 7 Second Modification hcrcto as Exhibit "A" ("Second Modification Concept Plan") depicting the addition of Building 8 and the reduction in size of Buildings 4 and 5. Further, the parties acknowledge that it is the Owner's intention to further amend the Revised Site Plan regarding the western five (5) acre portion of the Property to combine Buildings 6 and 7 into one hotel building with 150 Keys (no Lock Outs) consistent with the conceptual site plan attached to this Third Modification as Exhibit A -Third Modification ("Third Modification Concept Plan"). 4.0 Modification to Section 10.1 of the BDA. Section 10.1 of the BDA shall be modified and replaced in its entirety with the following new Section 10.1: 10.1 Phasing. The Concept Plan attached to the Second Modification_depicts a total of eight (8) buildings containing 600 hotel and resort condominium units. The number of units are calculated based on the number of Keys as defined below. The parties acknowledge that some of the units constructed (or to be constructed) on the Property have been (or will be) designed so that a portion of the unit may be divided by a lockable door into a separate smaller independent living and sleeping area known in the industry as a ("Lock Out"). In such case both the remaining portion of the original unit and the Lock Out have independent sleeping and cooking facilities consisting of a kitchen or kitchenette and both are accessible to the outside by a separate exterior door with a separate key. The parties further acknowledge that in such cases both the remaining portion of the original unit and the Lock Out shall be considered as two (2) separate units for density calculation purposes under the City's Code and the Agreement and each hereinafter shall be referred to as a key ("Key"). As of the Effective Date of the Third Modification of this Agreement, Buildings 1, 2 and 3 containing 248 Keys 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 4 through 8 ("Remaining Buildings"), and containing a total of 352 Keys, in accordance with the Revised Site Plan, as may be modified, including revisions based on the Second Modification Concept Plan and Third Modification Concept Plan. The Remaining Buildings shall be permitted and constructed in accordance with the following development schedule: 10.1.1 No later than June 30, 2021, Owner shall submit the building permit application to construct the hotel building on the western five (5) acre portion of the Property. For purposes of this Third Modification, combining Buildings 6 & 7 depicted on the Concept Plan attached to the Second Modification into one hotel building shall count towards two out of the five Remaining Buildings. 10.1.2 No later than December31, 2035, Owner shall submit the building permit application to construct the third building of the unconstructed DEVELOPER' S AGREEMENT City of Cape Canaveral / Holiday Inn Club Vacations Page 3 of 7 Remaining Buildings, provided that the hotel building on western land has received a certificate of occupancy. 10.1.5 No later than December31, 2040, Owner shall submit the building permit application to construct the fourth and fifth buildings of the unconstructed Remaining Buildings, provided that the third building of the Remaining Buildings is substantially complete or has received a certificate of occupancy. 5.0 Modified Conservation Easement. The Parties acknowledge and agree that the City currently holds a Conservation Easement encumbering a portion of the Property which was recorded in the Official Public Records of Brevard County, Florida at Official Record Book 6362, Page 2497 on June 6, 2011. ("Conservation Easement"). For purposes of facilitating and permitting the future site plan for the proposed hotel, Owner shall design, install and maintain a public paved trail only for public pedestrian and non -motorized bicycle use through the Conservation Easement as generally depicted on the Third Modification of Concept Plan. Bike path bollards shall be securely installed and maintained in the ground at both entrances of the trail to prevent unauthorized vehicle use, and appropriate signage shall be installed and maintained at the entrances advising of the limited authorized pedestrian and bicycle use of the trail. The trail shall be constructed in conjunction with the hotel and be in accordance with City standards, and the parties shall cooperate to finalize the location of the trail so as to minimize the removal of trees to the extent feasible. In addition, as depicted on the Third Modification of Concept Plan, the trail shall connect the existing sidewalks located on Shorewood Drive to the existing sidewalks on George King Boulevard. The City Attorney will prepare , and once agreed to by the Parties, the Parties shall record in the Official Public Records of Brevard County, Florida a legal instrument modifying the terms and legal description of the Conservation Easement to reflect the terms of this Third Modification and legal description depicted on the Third Modification of Concept Plan. A sketch and legal description of the modified Conservation Easement shall be provided by Owner's engineer and delivered to the City. Upon recordation of the legal instrument, the Conservation Easement shall be deemed modified. 6.0 Landscape Buffer and Entry Feature. (a) Simultaneously with the development of the hotel within the western five (5) acre portion of the Property, Owner shall be required to install and maintain a decorative and lush landscape buffer along the entire perimeter of the northern and eastern boundaries of the said five acre portion of the Property. The location of the landscape buffer and related hotel and trail entrances along Shorewood Drive are generally depicted on the Third Modification of Concept Plan. Owner shall be required to design and submit a detailed landscape plan for the entire western five (5) acres as part of the site plan review process. The landscape plan shall include addressing the landscape buffer and be subject to City consideration and approval. The DEVELOPER' S AGREEMENT City of Cape Canaveral / Holiday Inn Club Vacations Page 4 of 7 landscape buffer shall generally include an earth berm of sufficient height to buffer the hotel project from Shorewood Drive, trees and shrubs, mulch, landscape lighting, irrigation, and may also incorporate decorative hardscape features such as walls, rocks and ornamental features. The goal of a berm is to blend with its surroundings and provide a decorative feature for the hotel project and the existing development along Shorewood Drive. (b) The entrance of the hotel project along Shorewood Drive shall be designed and engineered to align with the entrance of the existing Holiday Inn Vacation Resort located on the other side of Shorewood Drive. Further, the entrance shall be designed with decorative features that are compatible and in harmony with the existing Holiday Inn Vacation Resort. 7.0 Existing Maintenance Area. The existing small storage area located south of the western five (5) acre portion of the Property (and west of Shorewood Drive) at the Shorewood Drive curve shall be permitted to remain under the following terms and conditions: (a) The area is strictly limited to serving only the operation of the existing Holiday Inn Vacation Resort, and no other parties shall use or have access to the area. (b) The area shall be kept in a clean, litter free, organized and sanitary manner at all times and shall not be maintained in any way to cause a public nuisance. (c) The area shall be enclosed with an opaque fence (or wall) and gate. The gate shall be locked when the area is not in use. The wall or fence and gate shall be maintained in good order and repair at all times. (d) The area shall not be expanded to encroach into the Conservation Easement area. (e) No more than two (2) standard size dumpsters provided by the City's solid waste provider shall be located in the area, and the dumpster shall not be used for food waste or any other waste that may cause offensive odors. (f) Vehicles or mechanical equipment shall not be stored in the area. Additionally, no hazardous waste shall be brought to or stored in the area. (g) Any item stored in the area shall be behind the fence and not exceed the height of the fence (or wall) so as not be visible from the surrounding property at ground level. 8.0 Recordation. This Modification shall be recorded in the public records of Brevard County, Florida, and shall run with the land. 9.0 Miscellaneous. All terms and conditions of the BDA and other development approvals by the City for the project, which are not expressly and specifically modified by this Third Modification, shall continue to remain in full force and effect. For purposes of future contract interpretation, the parties agree that the BDA, as amended by the Modification, Second Modification and the Third Modification shall collectively be referred to as the "Agreement" DEVELOPER' S AGREEMENT City of Cape Canaveral / Holiday Inn Club Vacations Page 5 of 7 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the dates indicated below. CITY: CITY OF CAPE CANAVERAL, a Florida municipal corporation By: Bob Hoog, Mayor Date: ATTEST: By: Mia Goforth, CMC, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida only Date: By: Anthony A. Garganese City Attorney, for the City of Cape Canaveral, FI. STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me by means of ( ) physical presence or Li online notarization on this __ day of , 2020 by Bob Hoog Mayor of the City of Cape Canaveral, a Florida municipal corporation and acknowledged before me that he has executed the foregoing instrument on behalf of the City of Cape Canaveral. 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: DEVELOPER'S AGREEMENT City of Cape Canaveral / Holiday Inn Club Vacations Page 6 of 7 Signed, sealed and delivered in OWNER: the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF HOLIDAY INN CLUB VACATIONS INCORPORATED By: Print Name: Title: Managing Member Date: The foregoing instrument was acknowledged before me by means of ( ) physical presence or (__) online notarization this day of , 2020 by as Managing Member of Holiday Inn Club Vacations Incorporated, as successor in interest to OLCC Florida, LLC, a Delaware 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: DEVELOPER' S AGREEMENT City of Cape Canaveral / Holiday Inn Club Vacations Page 7 of 7 Attachment 3 I i i 1 ////Z 0 EHH ® FLP a N. LINE OF N.E. 1/4 OF SECTION 14 N. 1/4 CORNER OF SECTION 14 N89'45'43"E 1 1.60' J J cn I"--- N < Iz O O I LLJ d I w < Cz N O oL cn z w CD I — CC Q'- W z 0 IN O 0 — LANDSCAPE -BUFF€R- J GEORGE KING BOULEVARD DMH N. RIM 8.19 ENN ,0£'6 ,OV06 13S-24" ,£0 6Z STAIR #2 W 54.74' (133.229') 4.5' POOL EQUIP tt 14 rr OUTDOOR POOL c ,06'L 4.5' 4 STORY HOTEL BUILDING 150 ROOMS 22.40' LAWN AND PATIO AREA SOLID WHITE SOLID WHITE N89°45'43"E 438.85' WPP Pp CONC. WALK a O 1 NEW CONSERVATION EASEMENT AREA = 41,600 SF (0.95 ACRES) SOUTHERLY LIMITS OF C-1 ZONE 500' S. OF AND PARALLEL WITH N. LINE OF SECTION PARCEL ID: 24-37-14-00-15 OWNER: TRANSMONTAIGNE TERMINALS LLC 4.5' STORAGE/MECHANICAL ELECTRICAL 71.33' +—IN LC) LC) N 4.5' co o. rn LC) ill FRONT P II ENTRANCE k I 1.9' Ki STAIR /1 )) EMP J r I— o zI0 W Ld 00 z J W (n W W < w w awCC w m w 0 CD z w — w VALLEY GU CC W VALLEY GU 66.00' ►t PARCEL ID: 24- 37-14-00-59 OWNER: OLCCI FLORIDA LLC 1 11111111 • TOP GKB ECB SIGN GL -4 ECB ECB ECB NMI . te* P Vt/W-0 40 4 0 / g ' e **AAA,' 4" 4,40S40%""0 SAS'A, to OA - ♦ ♦ i,,, re , , -,- '-z'. O ® I k f , NOS/4Ik#,r4. 4. $44 0•4 Wi 01 OA 0 EC GL ECB N SCV ECB GL 011— SDS ECB ,CON,C. WALK goo les, oft )SCV GL ECB ECB GL 10/ EC: GL ECB 1ECI aft SCV GL RB PARCEL ID: 24-37-14-00-59.A-.XA F CURB CONg. WALK CON.C. WALK WATER LIN PE SHOREWOOD DRIVE CC 0 Cn W CC W CC w 0 z 0 z 0 z O z O v IJ Cn 0 WATER LINE & INGRESS/EGRESS EASEMENT PER ORB 5115, PAGE 3870 0' I COPYRIGHT © 2020 ALLEN ENGINEERING, INC. REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC. N 30' I I I GRAPHIC SCALE 1" = 30' [NO. 60' DATE REVISIONS BY CHK'D ISSUED FOR REVIEW CHRISTOPHERJ. PONTELLO, P.E. FL. LICENSE #55544 [=1F KEY MAP FOR: HOLIDAY INN CLUB VACATIONS INC. DATE 1 1-13-2020 HOLIDAY INN CAPE EXPRESS - CAPE CANAVERAL CANAVERAL, FLORIDA D.A. EXHIBIT SCALE 1 "=30' JOB No. 980129.19 ALLEN (321)783-7443 INC. No. LB 266 BEACH, FLORIDA 32931 — FAX: (321)783-5902 — EMAIL: info@alleneng.net DRAWN DPA NGINEERING, OF AUTHORIZATION LANE COCOA FLORIDA CERTIFICATE 106 DIXIE TELEPHONE: WEBSITE: www.alleneng.net SHT. NO. DA- 1 City of Cape Canaveral City Council Meeting - July 21, 2020 Agenda Item Summary Item No. 7 Subject: Approve Employment Agreement (Agreement) by and between the City of Cape Canaveral (City) and Todd Morley (City Manager), and authorize execution by the Mayor and City Manager. Department: City Attorney's Office Summary: At the June 16, 2020 Regular City Council meeting, City Council approved a Motion (4-1 in favor) to appoint Todd Morley as the new City Manager subject to the City Attorney's Office preparing and presenting for the City Council's approval a negotiated City Manager Employment Agreement (Attachment). The Agreement is attached, with a summary of key provisions as follows: • A retroactive effective date of June 16, 2020 • An annual base salary of $121,680 • An annual performance evaluation between May and July with no entitlements to overtime or compensatory benefits • Duties and obligations under the Charter and Ordinances of the City and law shall be performed with due regard for promptness, loyalty, diligence, competence, and professionalism • An automobile allowance of $350/month in recognition of the requirement to be on call 24 hours related to the purchase or lease, maintenance, and insurance of an automobile • Dues and subscriptions as approved in the City's annual budget or as authorized by City Council • Professional development subject to the needs of the City and budgetary appropriation by the City Council • Paid Time Off or accrual of time to allow for vacation, sick time at the rate of a general City employee • Benefits shall be determined at the City Council's discretion and include Holidays, Health, Dental, Vision, Life Insurance and Retirement the same as a general employee • Indemnification of the City Manager in instances generally arising out of the action or omission of the City Manager within the scope of his duties as city manager • The City Manager shall serve at the pleasure of the City Council, and the City Council may terminate this Agreement and the City Manager's employment with the City at any time, for any reason or for no reason. Termination clauses including by Council "without cause" or "for cause" or by the City Manager with 45 days' prior notice Submitting City Attorney: Anthony Garganese Date: 7/14/2020 Attachments: (1) Proposed Employment Agreement; (2) Salary Survey Financial Impact: Proposed annual base salary of $121,680, automobile allowance of $350/month, and benefits in the same manner as other City employees, plus any budgeted items approved by Council to include dues, subscriptions, and professional development; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/14/2020 Attachment 1 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement"), is approved and entered into on this 215` day of July, 2020 by and between the City of Cape Canaveral, Florida, a Florida municipal corporation (hereinafter referred to as "City"), and Todd Morley (hereinafter referred to by name or as "City Manager"). WITNESSETH: WHEREAS, the City desires to employ Todd Morley as City Manager of the City of Cape Canaveral, Florida, as provided for in the City Charter of the City of Cape Canaveral, as may be amended by law; and WHEREAS, the City, through its City Council, desires to provide for certain benefits and compensation for the City Manager and to establish conditions of employment applicable to the City Manager; and WHEREAS, Todd Morley desires to accept employment as City Manager of the City of Cape Canaveral under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises as set forth in this Agreement, the parties agree as follows: Section 1. Employment. A. The City of Cape Canaveral hereby hires and appoints Todd Morley as its City Manager, under the terms established herein, to perform the duties and functions specified in the City Charter and the City's Code of Ordinances, as said Charter and Ordinances may be amended from time to time, to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign, and to perform such responsibilities as required by law. B. The City's employment of Todd Morley as City Manager shall be effective June 16, 2020. This Agreement shall remain in effect until terminated by the City or by the City Manager as provided herein. Section 2. Salary and Evaluation. A. For the performance of services pursuant to this Agreement, the City agrees to pay the City Manager an annual base salary of One Hundred Twenty -One Thousand Six Hundred Eighty and No/100 Dollars ($121,680.00), payable in installments at the same time as other City employees are paid with an evaluation for a potential increase in the base salary as determined by the City Council at the Council's discretion. Page 1 of 8 B. In addition to the provisions of subparagraph A above, the City agrees to consider adjustments of said base salary and/or other benefits of the City Manager in such amounts and to such an extent as the City Council may determine desirable on the basis of an annual performance evaluation of the City Manager. Such evaluation shall be in such form as the Council and the City Manager agree upon and shall be made between May and July of each year in which this Agreement is effective unless otherwise determined by the City Council and City Manager. C. All salary shall be paid less appropriate deductions for employment taxes, income tax and other lawful withholdings. The City Manager shall not be entitled to overtime or compensatory benefits. Section 3. Duties and Obligations. A. The City Manager shall have the duties, responsibilities and powers of said office under the Charter and Ordinances of the City of Cape Canaveral, as may be amended. The language of the City Charter relating to the position and function of the City Manager of the City of Cape Canaveral, as may be amended from time to time, is incorporated herein by this reference into this Agreement as though it were fully set forth in the text of this Agreement verbatim. The City Manager agrees to perform all duties and responsibilities to the best of his ability and in a professional and competent manner. City Manager also agrees to fully and faithfully perform such duties prescribed by the laws of the State of Florida and United States of America, including regulations of other appropriate administrative agencies, relating to the City of Cape Canaveral and the position of City Manager. All such duties shall be performed within the time frames or deadlines imposed by law, applicable policy, rule, or established by the City Council. Absent a legally or City Council imposed deadline, the City Manager shall perform his duties and functions of his office within a reasonable period of time and with due regard for promptness, loyalty, diligence, competence, and professionalism. B. The City Manager shall request of the City Council from time to time such decisions or actions of the City Council which the City Manager may determine are reasonably necessary for the successful accomplishment of his duties as City Manager. C. The City Manager shall remain in the exclusive employ of the City and shall devote all such time, attention, knowledge and skills necessary to faithfully perform his duties under this Agreement. The City Manager shall not render any other services of a professional or business nature to any other person or organization without the City Council's prior direction or consent as a governing body. This provision shall not include occasional teaching, presentations to professional organizations, writing, or performing functions on behalf of the Florida City and County Manager's Association and such other state and local government groups and committees thereof, or performing in City Manager's musical band, provided such activities do not conflict or interfere with City Manager's duties as City Manager under this Agreement and are not a prohibitive activity under the Code of Ethics For Public Officers and Employees (section 112.311, et. seq., Florida Statutes). Page 2 of 8 D. For temporary, brief absences of the City Manager including, but not limited to, vacations, common illness, and out-of-town seminars, the City Manager may temporarily appoint an Acting City Manager to serve in his absence by providing written notice to the City Council. Section 4. Automobile Allowance. The City Manager is required to be on call for twenty -four-hour service. In recognition thereof: The City shall grant to the City Manager an automobile allowance of $350 per month, which shall reimburse the City Manager for his automobile expenses related to the purchase or lease, maintenance, and insurance of an automobile. The City agrees to reimburse the City Manager for mileage for travel outside of Brevard County associated with business of the City at the same rate as other City employees are reimbursed. Section 5. Dues and Subscriptions. The City agrees to pay the City Manager's professional dues for membership in the International City/County Management Association, and the Florida City and County Management Association. The City shall pay other dues and subscriptions on behalf of the City Manager as are approved in the City's annual budget or as authorized separately by the City Council. Section 6. Professional Development. The City hereby agrees to budget for and pay the travel and subsistence expenses of the City Manager for professional and official travel, meetings, conferences, training, seminars, and occasions consistent with the City's Travel Policy applicable to all City employees. The foregoing shall be subject to the needs of the City and budgetary appropriation by the City Council. Section 7. Paid Time Off. City Manager shall accrue paid time off at the rate of a general City employee. Section 8. Holidays. The City Manager is entitled to the same paid holidays as a general City employee. Page 3of8 Section 9. Health, Dental, Vision and Life Insurance. The City agrees to provide the City Manager with health insurance, dental insurance, vision insurance and life insurance in the same manner as it does for its other City employees and employees' family members. Such benefits shall be determined at the City Council's discretion. Section 10. Retirement. The City agrees to provide the City Manager with retirement benefits in the same manner as it does for its other City employees. Such benefits shall be determined at the City Council's discretion. Section 11. Termination by the City Council and Severance Pay. A. The City Manager shall serve at the pleasure of the City Council, and the City Council may terminate this Agreement and the City Manager's employment with the City at any time, for any reason or for no reason. B. Should a majority of the entire Council (three members) vote to terminate the services of the City Manager "without cause," the Council shall pay the City Manager a lump sum severance pay equal to twenty (20) weeks of his current base salary (not including any payment of accrued paid time off) as full and complete payment and satisfaction of any claims that the City Manager may have against the City and its City Council, employees, and City Attorney of whatsoever nature arising out of this Agreement or otherwise arising from his employment with the City. The City Manager agrees that the City Council shall have the sole and absolute discretion to decide upon such termination under this subsection. In the event of such termination, the City Manager waives all rights to contest or challenge the City Council's decision and will accept the payments provided in this subsection in full satisfaction of the City's obligations under this Agreement and in full release of any and all claims that the City Manager has, or may have, against the City, and its City Council, employees, and City Attorney, both individually and in their official capacity, under this Agreement. Furthermore, as a condition of, and in consideration for, such payment, the City Manager and the City shall, execute and deliver to each other a reciprocal general comprehensive release indemnifying and holding harmless each other for all acts and omissions related to the City Manager's employment with the City (whether accrued or subsequently accruing) from the beginning of time until the date of the release. The general comprehensive release shall be prepared by the City Attorney and in a form agreeable to the City and City Manager, and the indemnity to the City shall include not only the City, but the City's council members, employees, and attorneys in their official and individual capacities. The City Manager and the City shall not unreasonably withhold approval and execution of the general comprehensive release. Payment of the severance pay shall not exceed twenty (20) weeks and shall be made within thirty (30) calendar days of the City Manager and the City executing and delivering the general release to each other or such other time mutually agreed to by the parties. Page 4 of 8 In addition, City Manager shall be entitled to any accrued paid time off under the terms and conditions set forth in Section 7 of this Agreement. C. If the City Manager is terminated by the City Council for cause because of: (1) conviction of a felony; (2) an intentional act of felonious embezzlement or theft from the City that occurs in the course of the City Manager's employment with the City; (3) misfeasance, malfeasance, or neglect of duty; (4) intentional or reckless failure to carry out the duties assigned under the City Charter or state or federal statute; (5) continued willful failure to substantially perform his duties and functions as City Manager (other than as a result of incapacity due to physical or mental illness); (6) willful conduct that is determined to be materially injurious to the City by the City Council; (7) conviction of a violation of the Florida Code of Ethics For Public Officers and Employees or any illegal act involving personal gain to him; (8) abandonment of the Office of City Manager when the City Manager is no longer performing the official duties of the city manager; or (9) permanent inability to perform his official duties as city manager, then the City Manager shall not be entitled to any severance pay. For purposes of this Agreement, an act, or failure to act, shall not be deemed willful or intentional, as those terms are utilized herein, unless it is done, or omitted to be done, by the City Manager in bad faith or without a reasonable belief that his action or omission was in the best interests of the City. If City Council terminates the City Manager for cause pursuant to this subsection (C), the City Manager's sole legal or equitable remedies is an action in the court of appropriate jurisdiction and venue. If said court determines that the City Council did not properly terminate the City Manager for cause under this Agreement, the parties agree that such termination from employment shall be deemed a termination without cause, and the provisions of Section 11(B) shall apply in their entirety including the payment of severance pay and accrued paid time off, and the court may grant such other relief deemed lawful and appropriate. D. In the event the Council, at any time during the employment term, reduces the salary or other benefits of the City Manager, as identified herein, in a greater percentage than an equivalent across-the-board reduction for all full-time City employees, or in the event the City allegedly refuses to comply with any other material provision of this Agreement benefiting the City Manager, the City Manager shall notify the Council in writing of the alleged violation. The Council shall have thirty (30) calendar days from such notice within which to cure the violation, otherwise, the City Manager may at his option, consider such violation as termination "without cause" as of the date of such alleged reduction or refusal, and the provisions of Section 11(B) shall apply in their entirety including the payment of severance pay and accrued paid time off. E. In the event the City Manager is charged, by indictment or information, with a felony crime, the City Council, at its sole discretion, may suspend the City Manager from his duties with pay. Upon conviction of any such charge, this Agreement, at the sole discretion of the City Council, may be terminated and the City Manager discharged from his duties consistent with the terms of this Agreement. F. In the event of the death of the City Manager during the term of this Agreement, this Agreement shall automatically terminate and the City shall pay to his surviving spouse, if any, or if the City Manager does not have a surviving spouse, to the estate of the City Manager, an Page 5 of 8 amount equal to the portion of the City Manager's salary to which he was entitled through the date of this death, plus accrued paid time off pursuant to Section 7 of this Agreement and any other applicable death benefits provided to other employees of the City. G. Neither this Section nor any other provision of this Agreement shall be construed to prohibit the City Council and City Manager from mutually agreeing to a separation agreement effectuating the termination of the City Manager's employment with the City. Section 12. Termination by the City Manager. The City Manager may terminate this Agreement at any time by delivering to the City Council a written notice of termination not later than forty-five calendar (45) days prior to the effective date of the termination. If the City Manager terminates this Agreement, then the provisions of Section 12 (B) above, shall not apply. If the City Manager voluntarily resigns pursuant to this Section, the City shall pay to the City Manager all accrued salary due the City Manager up to the City Manager's final day of employment, including all accrued paid time off pursuant to Section 7 of this Agreement, as would be paid to any other City employee upon termination. The City shall have no further financial obligation to the City Manager pursuant to this Agreement. This Section shall not prevent the City Manager from collecting any vested money earned as a result of participation in any retirement plan established for the City Manager as contemplated in Section 10 of this Agreement. Section 13. Indemnification. The City shall defend, indemnify and hold the City Manager harmless against any and all civil claims, demands, actions, suits, expenses and losses, including reasonable attorney's fees, arising out of the action or omission of the City Manager within the scope of his duties as city manager, except for acts or omissions exhibiting wanton or willful disregard of human rights, safety, or property or outside the scope of the City Manager's employment or willful misconduct of the City Manager ("Covered Loss"). Further, this covenant shall only apply to claims for punitive damages where such claims arose out of the good faith performance of the City Manager's duties; otherwise, this covenant shall not apply to claims for punitive damages. The City may, at the City Manager's option, provide for legal representation of the City Manager through the City Attorney or outside counsel of its choice or may choose to reimburse the City Manager for legal fees incurred as a result of a Covered Loss. The City will have the authority to compromise and settle any such claim or suit within the scope of the City Manager's employment and pay the amount of any settlement or judgment rendered thereon. To the maximum extent permitted by law, the City and the City Manager shall rely upon the doctrine of sovereign immunity and the provisions of section 768.28, Florida Statutes, and other applicable law. In addition, the City also agrees to reimburse the City Manager for reasonable attorneys' fees and court costs incurred by the City Manager in successfully defending himself against any Page 6 of 8 criminal prosecution filed against him where the conduct complained of arises out of or in connection with the performance of his official duties while serving a public purpose. Section 14. Bonding. The City agrees to bear the full cost of any fidelity or other bonds required of the City Manager under any policy, regulation, ordinance or law. Section 15. General Terms and Conditions. A. If any provision, or any portion thereof, contained in this Agreement is held by a court of competent jurisdiction to be unconstitutional, illegal, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect. B. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party. C. This Agreement shall be binding upon and inure to the benefit of the heirs at law or personal representative of the City Manager. D. This Agreement contains the entire Agreement of the parties, and may only be amended by the parties in writing approved by the City Council at a duly held meeting and signed by the parties. This Agreement may not be changed verbally by the parties. E. Florida law shall govern this Agreement and any litigation that may arise from this Agreement, shall be filed and litigated in Brevard County, Florida for any State action, or Orlando, Florida for any Federal action F. Upon City Manager's death, the City's obligations under this Agreement shall terminate except for: 1. Transfer of ownership of retirement funds, if any, to his designated beneficiaries; 2. Payment of all accrued leave balances and salary in accordance with this Agreement; 3. Payment of all outstanding hospitalization, medical and dental bills in accordance with City's insurance policies or plans; and 4. Payment of all life insurance benefits in accordance with the City's insurance policies or plans. Page 7 of 8 G. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no court construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. H. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. This Agreement may be executed in duplicate or counterparts, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition or covenant of this Agreement shall be binding on either party until both parties have signed it. J. The effective date of this Agreement shall be retroactive to June 16, 2020 upon approval by the City Council at a duly held meeting and execution of this Agreement by the parties. Executed by the CITY this day of , 2020. City of Cape Canaveral By: Bob Hoog, Mayor ATTEST: Mia Goforth, CMC, City Clerk Executed by the CITY MANAGER this day of , 2020 Witnesses: Print Name: Todd Morley Print Name: Approved as to legal form and sufficiency: Anthony A. Garganese, City Attorney Page8of8 Attachment 2 BREVARD COUNTY CITY MANAGER SALARY SURVEY Name of City Date of Last 2020 Est.Taxable #of Full-Time #of Part-Time General Fund Manager/ Years of Service as Car Allowance per City Name Update Population Value Employees Employees Budget Total Budget Administrator Date of Hire a Manager Annual Salary month Cape Canaveral 10/31/2019 10,400 1,403,351,569 43 11 $12,000,000 $32,000,000 Todd Morley 10/22/2019 <1 Unknown Unknown Cocoa 3/2020 19,328 1,161,748,043 440 14 $40,031,626 $175,000,000 Matthew Fuhrer 3/2020 <1 $155,000.00 $600 Cocoa Beach 12/4/2018 11,761 2,186,192,944 204 114 $35,627,895 $51,896,784 Jim McKnight 1/1/2017 1 $135,000.00 $350.00 Grant-Valkaria 10/31/2019 4,200 457,510,382 5 2 $1,456,538 $2,692,740 Jason Mahaney 8/30/2018 1 $82,000.00 $400 Indialantic 9/19/2019 2,482 446,982,087 37 9 $4,229,804 $7,449,393 Michael L Casey 7/12/2019 <1 $102,174.00 $250.00 Indian Harbour Varies with 10/31/2019 8,586 1,011,734,971 54 lifeguards and $13,053,079 $13,487,547 Mark Ryan 4/23/2014 42 $133,317.08 $400.00 Beach summer camp Malabar 12/3/2018 2,800 279,335,369 14 7 $1,900,000 $1,900,000 Matthew Stinnett 11/9/2018 <1 $55,000.00 $0.00 Melbourne 10/11/2019 82,010 5,696,254,556 835 37 $88,593,931 $233,157,623 Shannon Lewis 9/15/2014 <1 $189,680.00 $500 Melbourne Beach 9/19/2019 3,100 454,649,972 21 2 $3,351,258 $3,351,258 Elizabeth Mascaro 8/21/2019 <1 $90,000.00 N/A Same as Group 1 Palm Bay 2/6/2019 111,657 4,805,693,226 751 78 $179,710,975 $179,710,975 Lisa Morrell 12/27/2018 <1 $165,000.00 employees Rockledge 9/19/2019 27,476 1,695,369,556 250 12 $20,770,782 $20,770,782 Brenda Fettrow 11/16/2016 3 $146,085.93 $500.00 Satellite Beach 10/31/2019 11,000 1,066,013,163 89 32 $13,528,270 $23,384,943 Courtney H.Barker 4/15/2013 6 $122,500.00 $350.00 Titusville 11/7/2019 46,263 2,230,557,241 508.5 Included in full $108,900,373 $120,954,105 Scott Larese 9/1/2014 4 $152,276.00 $525 time Richard"Scott" Car and fuel West Melbourne 11/8/2018 21,990 1,905,957,506 139 6 $15,669,800 $37,908,400 7/20/2009 10 $144,976.00 Morgan provided by City 1