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cocc_council_mtg_packet_20210720_regular
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA July 20, 2021 6:00 P.M. For those that cannot attend the Meeting and wish to submit a public comment: Email your comment to CityClerk@CityofCapeCanaveral.org by Noon the day of the Meeting. To stream the Meeting at home: Please visit www.cityofcapecanaveral.org/city_meetings 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 1 6:15 p.m. - 6:25 p.m. City of Cape Canaveral Certificate of Appreciation to Eagle Scout Darian Bramblett for completion of a dune planting project. Presentation of Proclamation, honoring the Cape Canaveral Volunteer Fire Department a/k/a Canaveral Fire Rescue (CFR), for services provided during the 2021 COVID-19 Pandemic Vaccination Distribution to the Community. CONSENT AGENDA 1 6:25 p.m. - 6:30 p.m. 1. Approve Minutes for June 15, 2021 Regular City Council Meeting 2. Resolution No. 2021-08; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2021/2022 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. 3. Review and approve Agreement between the City of Cape Canaveral and Property Registration Champions, LLC for the provision of Vacation Rental Program services and authorize the City Manager to execute same. 4. Resolution No. 2021-09; amending Appendix B, Schedule of Fees, of the City Code to include Registration and Inspection Fees related to Vacation Rentals under Section 110-486 of the City Code; providing for the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. 5. Approve Proposal from Tetra Tech in the amount of $57,500 to complete a Deep Injection Well Conceptual Study. City of Cape Canaveral, Florida City Council Regular Meeting • July 20, 2021 Agenda Page 2 of 2 6. Award Bid for rehabilitation of Lift Station No. 8 to L7 Construction, Inc., in the amount of $286,170 and authorize City Manager to execute Construction Agreement for same. 7. Join the Florida Race to Zero Initiative to better promote the City of Cape Canaveral's Sustainability and Resilience Efforts. PUBLIC HEARINGS 1 6:30 p.m. - 6:50 p.m. 8. Ordinance No. 29-2021; amending section 46-26 of the City Code, transferring the duties of the City of Cape Canaveral Library Board to City Council of the City of Cape Canaveral; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. 9. Ordinance No. 32-2021; amending Sections 2-260 and 2-262 of the City Code related to the application procedure for code enforcement lien satisfactions and releases including authorizing the Special Magistrate to make recommendations to the City Council regarding such applications and providing the City Manager the authority to grant de minimus reductions for certain small liens; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date, first reading. ITEMS FOR ACTION 16:50 p.m. - 7:10 p.m. 10. Consider Application for Reduction of a $26,883.00 Code Enforcement Lien, Case No. 16-101. Homedingo, LLC — Applicant (116/118 Tyler Avenue) 11. Rescind Council direction to Staff to draft an ordinance changing alcohol sales hours in the City, as discussed at the June 15, 2021 Regular City Council Meeting. (Submitted by Council Member Kellum) ITEM FOR DISCUSSION 1 7:10 p.m. - 7:20 p.m. 12. Discuss and provide Staff direction on the use of feather flags and snipe signs. REPORTS 1 7:20 p.m. - 7:30 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • INTERVIEWS/PRESENTATIONS Subject: City of Cape Canaveral Certificate of Appreciation to Eagle Scout Darian Bramblett for completion of a dune planting project. Department: Legislative Summary: In 2020, a member of the Boy Scouts of America, Troop 84, Eagle Scout and former Cape Canaveral resident Darian Bramblett, approached the City with a proposal to conduct a dune planting along several of the City's beach crossovers. Eagle Scout Bramblett wanted the opportunity to volunteer for, beautify and enhance the resilience of the City in an effort to promote sustainability and environmental stewardship. Eagle Scout Bramblett faced many challenges through the course of his planting project. Delays from the COVID-19 Pandemic, fundraising and a shortage of plants did not deter him. Eagle Scout Bramblett worked alongside officials from the City of Cape Canaveral, Brevard County and even the state of Florida to see his project through to completion. On April 27, 2021, Eagle Scout Bramblett and a number of other Eagle Scouts planted 300 hundred native plants at the crossovers of Madison Avenue, Monroe Avenue and Jackson Avenue. On the same day, he and his fellow Eagle Scouts also conducted a beach cleanup. Eagle Scout Bramblett donated the remainder of the money he had raised for his project to the City for further planting initiatives, amounting to just over $1,100. The Cape Canaveral City Council is proud to present this Certificate of Appreciation in grateful recognition of outstanding public service faithfully rendered to the City of Cape Canaveral for completion of a dune planting project, subsequent equipment and financial donation. Submitting City Council Member: Mayor Bob Hoog Date: 07/09/21 Attachment: Certificate of Appreciation Financial Impact; Staff time and effort to complete this Agenda Item. Financial donation by Eagle Scout Darian Bramblett of over $1,100 for future green infrastructure projects. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/09/21 The City Manager recommends the City Council take the following action: Present certificate of Appreciation to Eagle Scout Darian Bramblett. Approved by City Manager: Todd Morley Date: 07/09/21 CERTIFICATE OF APPRECIATION OF APPRECIATION This certificate is proudly presented to Eagle Scout Darian Bramblett in grateful recognition of outstanding public service to the City of Cape Canaveral for planting 300 native sea oats at the beach crossovers of Madison, Monroe and Jackson Avenues, and donating over $1,100 of funds raised for future green infrastructure projects. July 20, 2021 Mayor City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • INTERVIEWS/PRESENTATIONS Subject: Presentation of Proclamation honoring the Cape Canaveral Volunteer Fire Department a/k/a Canaveral Fire Rescue (CFR), for services provided during the 2021 COVID-19 Pandemic Vaccination Distribution to the Community. Department: Legislative Summary: In an effort to honor the important role and selfless contributions performed by the Cape Canaveral Volunteer Fire Department a/k/a Canaveral Fire Rescue (CFR) during the historic 2021 COVID-19 Pandemic Vaccination Distribution to the community, the attached Proclamation was created to commemorate and highlight those efforts. CFR was the first entity to sign a Memorandum of Agreement with Florida Department of Health (DOH) in Brevard County, in conjunction with Brevard County Emergency Management. CFR successfully met all DOH requirements and was on standby status, ready to activate the Point of Distribution (POD) to facilitate vaccine distribution operations in order to better serve Brevard County residents. Once the POD was activated, CFR successfully administered over 500 vaccinations to Florida residents, including Brevard County and neighboring counties, totaling 1,000 shots from March 23, 2021 to May 26, 2021. This involved both on and off duty personnel picking up vaccine doses daily from the DOH; proper storage and delivering vaccinations to the POD; extensive paperwork; and returning of equipment, un-used vaccines, and required reports in a timely fashion to DOH. CFR successfully coordinated and conducted a touchless, drive-thru vaccine POD at Station 52, 8970 Columbia Road, Cape Canaveral, Florida. In doing so, they streamlined the vaccination process with passengers remaining in their vehicles resulting in limited contact. Even though the vaccine effort was open to Florida residents, as a team they wanted to ensure the City's residents had accessibility if they wished to be vaccinated. CFR also went above and beyond by providing assistance to a Canaveral resident without transportation. At this time, the POD has been deactivated. CFR is standing ready to activate the POD again if COVID-19 cases rise. In addition, they are currently supporting the vaccine effort as seen in the medical assistance they are providing to Port Canaveral's 23 cruise ship vessels and the administration of approximately 10,000 doses to the cruise staff. Member(s) of CFR Staff will be present this evening to receive the Proclamation. Submitting Council Member: Mayor Robert Hoog Date: 07/09/21 Attachment: Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/09/21 The City Manager recommends the City Council take the following action: Present Proclamation to CFR Staff. Approved by City Manager: Todd Morley Date: 07/09/21 Official Proclamation City Of Cape Canaveral, Florida WHEREAS, the Cape Canaveral Volunteer Fire Department a/k/a Canaveral Fire Rescue (CFR) was the first entity to sign a Memorandum of Agreement with Florida Department of Health (DOH) in Brevard County, in conjunction with Brevard County Emergency Management. CFR successfully met all DOH requirements and was on standby status, ready to activate the Point of Distribution (POD) to facilitate vaccine distribution operations in order to better serve Brevard County residents; and WHEREAS, once the POD was activated, CFR successfully administered over 500 vaccinations to Florida residents, including Brevard County and neighboring counties, totaling 1,000 shots from March 23, 2021 to May 26, 2021. This involved both on and off duty personnel picking up vaccine doses daily from the DOH; proper storage and delivering vaccinations to the POD; extensive paperwork; and returning of equipment, un-used vaccines, and required reports in a timely fashion to DOH; and WHEREAS, CFR successfully coordinated and conducted a touchless, drive-thru vaccine POD at Station 52, 8970 Columbia Road, Cape Canaveral, Florida. In doing so, they streamlined the vaccination process with passengers remaining in their vehicles resulting in limited contact. Even though the vaccine effort was open to Florida residents, as a team they wanted to ensure the City's residents had accessibility if they wished to be vaccinated. CFR also went above and beyond by providing assistance to a Canaveral resident without transportation; and WHEREAS, at this time, the POD has been deactivated. CFR is standing ready to activate the POD again if COVID-19 cases rise. In addition, they are currently supporting the vaccine effort as seen in the medical assistance they are providing to Port Canaveral's 23 cruise ship vessels and the administration of approximately 10,000 doses to the cruise staff. NOW, THEREFORE, 1, Robert E. Hoog, Mayor of the City of Cape Canaveral, Florida, do hereby proclaim and invite the citizens of the City of Cape Canaveral to honor CANAVERAL FIRE RESCUE for services provided during the 2021 COVID-19 Pandemic Vaccination Distribution to the Community. Signed and Sealed this _ Day of _, _ _ Mayor ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday June 15, 2021 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. Council Member Morrison led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mike Brown Mayor Bob Hoog Council Member Mickie Kellum Council Member Wes Morrison Mayor Pro Tem Angela Raymond Others Present: City Manager Assistant City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Cultural and Community Affairs Director HR/Risk Management Director Leisure Services Director Public Works Services Director City Planner Deputy City Clerk Executive Assistant to City Manager/Office Manager Sustainability Manager/Planner Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Deputy Chief Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Melinda Huser Gustavo Vergara James Moore Brenda Surprenant Daniel LeFever Lisa Day Zachary Eichholz Andrew Walters Brett Lockhart Christopher Quinn PUBLIC PARTICIPATION: Evan Weisfeldt, property owner, expressed concerns regarding the idea of paying for beach parking. Discussion ensued and included the City's parking meter initiative in 2011 and a potential new paid parking program for Council consideration in the future. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation declaring Tuesday, June 15, 2021 as "World Elder Abuse Awareness Day" to Marty Mercado, Aging Matters in Brevard, Director of Development: Mayor Pro Tem Raymond read aloud and presented the Proclamation to Ms. Mercado of Aging Matters. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 15, 2021 Minutes • Page 2 of 5 Council reached consensus to discuss flooding and standing water in the City under Reports. CONSENT AGENDA: Mayor Hoog asked if any Items needed to be removed for discussion. Council Member Morrison removed Items 2, 3 and 6. 1. Approve Minutes for May 18, 2021 Regular City Council Meeting. 2. Resolution No. 2021-06; repealing City Council Resolution No. 2020-09 which previously declared a Civil Emergency related to COVID-19 including repealing Supplemental Emergency Orders No. 1 (temporarily tolling time periods for processing development permit applications), No. 2 (temporarily allowing use of feather flags and snipe signs by businesses), and No. 3 (temporary beach use restrictions and amending use of feather flags and snipe signs to "essential service" businesses only); providing for the repeal of prior inconsistent Resolutions and the repeal of Resolution No. 2020-12 (temporary reduction or waiver of certain fees); Resolution No. 2020-21 (temporarily modifying when impact fees are paid); Resolution No. 2020-24 (temporarily extending the effective date of the new building permit fee schedule and Community Appearance Board Application fee schedule); and Resolution No. 2020-27 (temporarily reducing commercial recreational franchise fees by 50%), severability and an effective date. 3. Approve the donation of outdated SEPCO solar lights to the City of Rockledge in accordance with the Solar Light Donation Agreement and Rolling Bill of Sale and authorize the City Manager to execute the same. 4. Adoption of the 2021 Resilient Cape Canaveral Action Plan. 5. Approve Special City Council Meeting, Second Budget Hearing for September 22, 2021 at 5:30 PM. 6. Authorize the discontinuation of GoToWebinar for public meetings, effective July 1, 2021. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve Consent Agenda Item Nos. 1, 4 and 5. The motion carried 5-0. 2. Discussion ensued and included extending the temporary use of feather flags and snipe signs for businesses in the City. City Attorney Garganese discussed City Code, Council's authoritative options and emergency powers. City Manager Morley suggested, with Council consensus, a suspension could remain in place until the next meeting to formalize the decision. Discussion continued regarding a Code provision which allows businesses to use feather flags twice per year for thirty days. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to approve Resolution No. 2021-06. The motion carried 5-0. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to extend the Feather Flags and Snipe Signs for thirty days, pending Council review and approval. The motion carried 5-0. 3. Discussion ensued and included whether Council had any additional ideas regarding the outdated solar lighting. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve Item No. 3. The motion carried 5-0. 6. Discussion ensued and included discontinuation of the GoToWebinar virtual meeting software in use since March 2020, public meeting production and live streaming, possible bandwidth concerns, the convenience of bi-directional public meetings, finding a cost-effective City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 15, 2021 Minutes • Page 3 of 5 solution to allow remote participation and bringing the results back to Council, citizens have the option to email the City Clerk's Office prior to City Council Meetings, diminished viewership and participation metrics, City Manager Morley offered to research options for a call -in function for public participation and Staff was praised for efforts in getting virtual software up and running quickly during the COVID-19 Pandemic. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve Item No. 6. The motion carried 5-0. PUBLIC HEARINGS: 7. Ordinance No. 30-2021; amending Section 2-300 of the City Code related to the City's Travel Reimbursement Policy; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation in the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. City Manager Morley stated the GSA rate will automatically adjust for travel and accommodations. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Council Member Brown thanked Council Member Kellum for raising the issue. A motion was made by Council Member Kellum, seconded by Council Member Morrison, to adopt Ordinance No. 30-2021, second reading. The motion carried 5-0. 8. Ordinance No. 31-2021; amending Chapter 62 — Solid Waste, regulating the collection and disposal of solid waste and construction and demolition debris within the jurisdictional limits of the City of Cape Canaveral; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. City Manager Morley confirmed that contractors can use their own dumpsters. A motion was made by Council Member Kellum, seconded by Council Member Morrison, to adopt Ordinance No. 31-2021, second reading. The motion carried 5-0. ITEMS FOR ACTION: 9. Designate one (1) City Official to be the Voting Delegate at the Florida League of Cities 2021 Annual Conference scheduled for August 12-14, 2021 in Orlando, Florida and decide if it wishes to propose resolution(s) for the League's consideration: Mayor Hoog asked for volunteers. Mayor Pro Tem Raymond offered to be the Voting Delegate. Discussion ensued. A motion was made by Mayor Hoog, seconded by Council Member Kellum, to designate Mayor Pro Tem Raymond to be the Voting Delegate at the Conference. Mayor Hoog expressed appreciation for the great job Mayor Pro Tem Raymond did last year and continues to bring back a lot of information from the Florida League of Cities. The motion carried 5-0. Discussion ensued and included the importance of Council Member participation on various Florida League of Cities policy committees, the need for representation on the Finance and Taxation Policy Committee and a suggestion to discuss the opportunities to serve on the committees at a future City Council Meeting. 10. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley: Discussion City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 15, 2021 Minutes • Page 4 of 5 ensued and included how the current Performance Evaluation format can be changed if Council desires, the International City/County Management Association (ICMA) Performance Evaluation form and handbook, revising the City's current form, praise for City Manager Morley's transition into the permanent City Manager position, resilience, composure guiding the City through the COVID-19 Pandemic and genuine care for the City. A motion was made by Mayor Hoog, seconded by Council Member Brown, to ratify the Composite City Manager Performance Evaluation, as written. The motion carried 5-0. Discussion ensued and included starting salary increase negotiations at $124,000, a three percent increase and comparisons to other municipalities' executive based on population and experience. City Manager Morley confirmed City employees receive a maximum three percent merit increase based on a numerical score. Discussion continued on possible dollar and percentage increases in salary, lump sum pay out effects on retirement funds and no bonus was received by City Manager Morley last year. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Morrison, to increase the City Manager Annual Salary to $124,000. The motion carried 5-0. ITEMS FOR DISCUSSION: 11. Discuss and recommend a name for the building under construction at 7920 Orange Avenue, currently referred to as the Multi -Generational Facility: Discussion ensued and included the idea of commemorating first Mayor Ray Jamieson and first female Council Member Judge Fran Jamieson, working with the Space Coast Tourist Development Council, the name "Cape Canaveral Community Center" stands out as a destination and the suggestion to place a dedication plaque at the Culture, Arts, Preservation and Enrichment (CAPE) Center to honor Mr. and Mrs. Jamieson. Arlyn DeBlauw, 8931 Lake Drive, suggested "The City of..." be placed at the beginning of the name for the building. Rocky Randels, Mayor Emeritus, discussed the history of the project over the years and this is an opportunity for Council to come together and unite in coming to consensus for the team going forward. Katrina Freeman, 504 Fillmore Avenue, discussed honoring the many individuals over the decades and suggested dedicating a community room, garden or statue to certain individuals. Council reached consensus to name the building City of Cape Canaveral Community Center. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to name the Multi -Generational Facility, the City of Cape Canaveral Community Center. The motion carried 5-0. 12. Discuss and provide Staff with direction regarding hours related to alcohol sales in the City limits: Council requested Commander Walters speak on the Item to which he expressed concerns related to alcohol sale hours in the City and collection of data may be too soon yet, an increase in service calls for law enforcement in the Avon -by -the -Sea area could be related to the recent passing of Brevard County's 24-hour alcohol sales legislation, the open container legislation recently adopted by Council, extra costs to provide additional deputies should the data show an increase in alcohol related service calls and concerns that it may be too soon for Council to consider an ordinance for first reading due to lack of hard data. Discussion ensued and included late night traffic on State Road A1A, dangers to children and commuters in the early morning, businesses versus residents, respecting liberties, possible increase in DUIs, City history of late night and bottle club drinking and desires to gather more data. Elise Comelchook, business owner, urged for extending the hours for City sales of alcohol and discussed negative impacts to her business due to the County legislation. Peter Comelchook, business owner, discussed negative impacts to his business due to the County legislation. Discussion continued regarding concerns City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 15, 2021 Minutes • Page 5 of 5 over patrons driving after drinking, the effects of the COVID-19 Pandemic on businesses, desire to see an ordinance come back to Council in July, surveying businesses and residents, some restaurant and bar owners may not be interested in staying open later, the number of bars in the City, convenience stores will be included in the extended sales hours, DUI arrests made during certain hours and the idea of extending alcohol sales an additional two hours. City Manager Morley offered to gather objective data from restaurants, bars, other municipalities as well as the Brevard County Sheriff's Office data. Discussion continued regarding the best way to get citizen input and attention is to draft, review and properly notice an ordinance regarding this issue. A motion was made by Council Member Morrison, seconded by Mayor Hoog, for Staff to draft an ordinance regulating alcohol sales hours in the City, until 4 a.m. daily, back for first reading to the Regular City Council Meeting in August, with collected survey and data as discussed. Discussion ensued regarding which meeting to bring the item back to Council and clarification on what alcohol sales hours and days to include in a draft ordinance. The motion carried 3-2, with Council Member Brown and Mayor Pro Tem Raymond voting against. REPORTS: Discussion ensued regarding stormwater flooding over the past weekend, the City's infrastructure system designed 60 years ago, Presidential Streets Master Plan, Resiliency Plan, the rainfall event of Sunday, June 13, 2021 overwhelmed the existing stormwater system, inland drains should keep debris out of the Lagoon, flooding of homes and cars, amount of rainfall on Sunday was almost four inches and the time it takes for the water to subside, City stormwater projects in the works, increase in climate temperatures over the decades caused an increase in the amount of precipitation, Federal Recovery Fund money is targeted to arrive July 11 and the conditions placed on the use of those funds, flooding on this scale now happening more often, the Council has full authority to move money around, difficulties in managing trash and yard debris, prioritizing Resiliency Plan infrastructure improvements before the 2024 Federal Recovery Fund deadline and homeowner assistance funds for this type of issue. Katrina Freedman, 504 Fillmore Avenue, discussed flooding issues at the Sand Pebbles Condominium including flooding in the garages, over curbs and streets, the corrosion of water pipes and a planned assessment, and the need for bike path signage on Ridgewood Avenue. Mayor Pro Tem Raymond discussed the Space Coast League of Cities 2021 Scholarship Application Deadline extended to August 6, 2021. ADJOURNMENT: The Meeting was adjourned at 9:26 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2021-08; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2021/2022 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. Department: Financial Services Summary: Adopt a Tentative Proposed Millage rate of 3.5755 mills for Fiscal Year 2021/2022,which represents the rolled-back rate. It includes two segments: General Government Millage 3.5291 mills Library Dependent Special District 0.0464 mills Per "Truth in Millage Compliance", the highest intended millage rate must be proposed at this meeting and Ad Valorem Tax Rates can be lowered from the initial rate proposed. However, the tax rate cannot be increased after this meeting. There will be two more meetings concerning the Ad Valorem Tax rate to be implemented for the City's Fiscal Year 2021/2022. They were scheduled on November 17, 2021, by the City Council: 1. September 7, 2021: Tentative Millage rate will be established. 2. September 22, 2021: Final Millage rate will be established. (This change in date was approved at the June 15, 2021 Regular City Council Meeting due to a conflict with Brevard County Budget Hearing.) Submitting Department Director: John DeLeo Date: 07/08/21 Attachment: Resolution No. 2021-08 Financial Impact: The Tentative Proposed Millage rate of 3.5755 provides a property tax revenue stream of $5,199,838. These revenues are represented in the Proposed Fiscal Year 2021/2022 Budget at a 95% receipt rate and allow for a balanced budget. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/08/21 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2021-08. Approved by City Manager: Todd Morley Date: 07/08/21 RESOLUTION NO. 2021-08 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 2021/2022 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 3.5755 mills on the dollar of taxable value for the 2021/2022 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents the roll -back rate. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 3.5291 mills for General Government Millage. This tentative proposed Ad Valorem Tax shall be levied upon the 2021 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, 2021 and ending September 30, 2022. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 0.0464 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 2021 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, 2021 and ending September 30, 2022. Section 4. This Resolution shall become effective immediately upon its adoption. City of Cape Canaveral, Florida Resolution No. 2021-08 Page 1 ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 20th day of July, 2021. ATTEST: Mia Goforth, CMC City Clerk Approved as to Form: 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. 2021-08 Page 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Review and approve Agreement between the City of Cape Canaveral and Property Registration Champions, LLC for the provision of Vacation Rental Program services and authorize the City Manager to execute same. Department: Community and Economic Development Summary: At its February 16, 2021 Regular Meeting, the Council adopted ordinance No. 10-2021 (Ordinance) adopting Vacation Rental regulations, with an effective date of October 1, 2021, as contained in Section 110-486 of City Code. One of the primary tenets of the new regulations requires that prior to initiating operation of a vacation rental, an owner must annually register the unit with the City. The registration process requires an electronic system for registration and monitoring vacation rentals. This will include the submittal of information that will assist in determining compliance, which is currently problematic, and poses a significant challenge for City Code Enforcement. To this end, Staff, in conjunction with the City Attorney, interviewed/researched companies that provide Vacation Rental registration/monitoring services to local government. One of these companies, Property Registration Champions, LLC (dba PROCHAMPS (PRC)), is located in Melbourne, Florida, and has been providing services to the City for registration of properties going through foreclosure. Staff compared the offerings of the companies and believes that PRC offers a competitive advantage. For this reason, the attached Agreement has been prepared to authorize PRC to administer the Vacation Rental program for the City. Agreement highlights: 1. PRC will identify and collect owner information of all Vacation Rentals operating within the City limits, through on -going, regular web searches. 2. PRC will provide Staff access to detailed reports of all Vacation Rental properties in the City to include ownership, compliance outreach, registration data, payments and compliance status. 3. PRC will proactively conduct a registration outreach program to contact Vacation Rental owners within the City to educate them about the City's program and code requirements. 4. When a property is determined to be operating in violation of the City's Vacation Rental regulations, an automatic email will be sent to the property owner and Staff, informing them of the violation. 5. Fee Structure — PRC shall retain $100.00 for each annually collected Vacation Rental unit registration. PRC shall retain 20 percent (20%) of all late fees. PRC shall be responsible for the collection of all fees and shall forward the City's portion no later than the 15th of each month. The proposed fee structure results in no "out-of-pocket" cost to the City for implementation of the program. A companion resolution (Resolution No. 2021-09) will be presented to the Council to establish the fees associated with the registration system. 6. Website — PRC will maintain a website that will direct Vacation Rental owners to a hyperlink where they can electronically register units as well as pay applicable fees. 7. Term — the Agreement shall terminate two (2) years from the Effective Date with an option for automatic one (1) year renewals. City of Cape Canaveral City Council Meeting • July 20, 2021 Agenda Item # 3 Page 2 of 2 8. Termination —the Agreement may be terminated by either party with or without cause upon thirty (30) calendar day written notice. 9. PRC shall operate and maintain a resident Hotline to provide live support 8:30 am to 5:00 pm, EST, Monday through Friday. Email support will be available 24/7/365. 10. Consistent with SB 60, which went into effect on July 1, 2021, anonymous code enforcement complaints submitted via the PRC platform, will not be investigated. 11. Vests authority with the City to audit PRC records at any time during normal business hours, as often as deemed necessary by the City. 12. PRC will scrape multiple web sites multiple times per week to collect any and all evidence showing failure to register the Vacation Rental unit and any and all evidence of violations of the city's Vacation Rental requirements. 13. PRC will collect evidence of violations of the City's regulatory requirements, including the 7-day minimum stay requirement, and notify any property owner/responsible party of their obligation to stay within the community's 7-day minimum stay requirement. The City will have access to all property owners/responsible parties who have been notified of this violation through the PRC platforms reporting system. Additionally, the City will receive electronic communication for each notification sent. Implementation of the Vacation Rental program is proposed as follows: • July 20, 2021 — Council to consider approval of the attached Agreement with PRC and adoption of Vacation Rental related fees in Resolution No. 2021-09. • August 1, 2021 through August 31, 2021 — notice to Vacation Rental owners of Registration Ordinance by PRC. • October 1, 2021 effective date. Submitting Department Director: David Dickey Date: 07/13/21 Attachment: Agreement with Exhibits "A" — Scope of Services; and "B" — Ordinance No. 10-2021 Financial Impact: Staff time and effort to prepare this agenda item. Registration revenues will offset enforcement costs by an underdetermined amount. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/13/21 The City Manager recommends the City Council take the -following actions: Approve the Agreement (including attached Scope of Work) between the City of Cape Canaveral and Property Registration Champions, LLC, for the provision of Vacation Rental Program services and authorize the City Manager to execute same. Approved by City Manager: Todd Morley Date: 07/13/21 AGREEMENT BY AND BETWEEN THE CITY OF CAPE CANAVERAL AND PROPERTY REGISTRATION CHAMPIONS, LLC (VACATION RENTAL PROGRAM) This Agreement is made as of this day of , 2021 by and between PROPERTY REGISTRATION CHAMPIONS, LLC, a Florida limited liability company, with offices at 2725 Center Place, Melbourne, Florida 32940 (hereinafter "PRC, and the CITY OF CAPE CANAVERAL, a Florida municipal corporation, with an address at 100 Polk Avenue, Cape Canaveral, Florida 32920 ("City"). WITNESSETH: WHEREAS, because of an overwhelming number of vacation rental properties operating within the City of Cape Canaveral, the City has recently initiated a vacation rental registration requirement effective October 1, 2021, and now requires an electronic system of registering and monitoring vacation rentals for purposes of requiring compliance with the City's Vacation Rental Ordinance No. 10-2021, (the "Ordinance") and other applicable City regulations; and WHEREAS, PRC proposed for the City's use an electronic vacation rental registration and monitoring system that is funded based on PRC's efforts to successfully register vacation rentals as required by the Ordinance; and WHEREAS, in furtherance of implementing the Ordinance, which becomes effective October 1, 2021, the City desires to enter into this Agreement with PRC in order to provide electronic vacation rental registration and monitoring services authorized pursuant to the Ordinance; and WHEREAS, PRC shall also provide City with administrative Payment Assistance Services ("PAS") if requested by the COMMUNITY to facilitate payment of late fees, charges, fines and penalties as defined under the City's Ordinance from Registrants or other responsible parties to help the City fulfill the purpose and goals of the Ordinance; NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: City of Cape Canaveral Vacation Rental Agreement Page 2 of 15 1. Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by this reference. 2. PRC Responsibilities ("Vacation Rental Services"). A. PRC shall proactively perform the scope of services as more specifically set forth in EXHIBIT "A." which is attached hereto and fully incorporated by this reference. B. PRC shall provide the scope of services by electronic means in order to enable the City to evaluate and determine whether or not vacation rental owners and occupants are in compliance with the Ordinance. The website will direct registrants to the City's website, and further direct traffic, via a hyperlink, to www.ProChamps.com. The website at www.ProChamps.com will allow vacation rental owners to register vacation rental units to comply with the Ordinance. PRC will provide the City with electronic reporting of vacation rentals within the City of Cape Canaveral. C. PRC shall investigate, report, or take corrective measures on a timely and regular basis to update the database of all vacation rental units within the City of Cape Canaveral that are required to electronically registered in compliance with the Ordinance. D. PRC shall pay for all expenses related to registration and electronically monitoring on the internet all vacation rentals within the City of Cape Canaveral, and all administrative costs and fees related thereto. E. For performance of the scope of services required by this Agreement, PRC shall retain One Hundred Dollars ($100.00) for each collected annual vacation rental registration fee imposed by the City ("Registration Fee"). PRC shall forward payment of the City's portion of the Registration Fee to the City's Finance Department no later than the 15th day of each month during the Term of this Agreement. F. In the event the Ordinance requires payment of late fees as part of the registration requirements, PRC shall collect all applicable late fees, retaining twenty percent (20%) of the late fee, and remitting the balance to the City pursuant to the monthly remittance schedule as stated in 2(E). City of Cape Canaveral Vacation Rental Agreement Page 3 of 15 G. To the extent required by the City, PRC shall execute the City's website link agreement and meet all City IT security, and anti -viral requirements. (hereinafter "Services") 3. Indemnification and Hold Harmless. For all Services performed pursuant to this Agreement, PRC agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, its employees, attorneys and officers, from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from, or out of the following: (a) the acts, errors, omissions, intentional or otherwise, arising out of or resulting from PRC's and its employees, partners, contractors, and agents performance of the Services and work being performed under this Agreement and (b) PRC's, and its employees, partners, contractors, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to PRC's and its employees, partners, contractors, and agents performance under this Agreement. The indemnification provided above shall obligate PRC to defend at its own expense or to provide for such defense, at the option of the City, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees and officers which may result from the Services performed under this Agreement whether the Services are performed by the PRC, its employees, contractors, partners and agents or anyone directly or indirectly employed by PRC. In all events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with the indemnification provided herein. 4. Term. This Agreement will terminate two (2) years from the effective date of the Ordinance which is October 1, 2021 ("Term"). In addition, the parties may agree that this Agreement will automatically annually renew on October 1st for successive one (1) year terms unless either party gives the other party written notice of termination at least thirty (30) calendar days prior to the end of the relevant term. 5. Termination. Notwithstanding the term set forth in Paragraph 4, this Agreement may be terminated by either Party with or without cause, immediately upon thirty (30) calendar days written notice. Upon termination by City, PRC shall cease all work performed and forward to the City any Registration Fees owed to the City. In the event of termination of this Agreement, any reports, records, documents, City of Cape Canaveral Vacation Rental Agreement Page 4 of 15 forms, and other data and documents prepared by PRC whether finished or unfinished shall be delivered by PRC to the City Manager within seven (7) business days of termination of this Agreement by either party. Any compensation due to PRC shall be withheld until all documents are received as provided herein. 6. Agreement Documents. City Ordinance No. 10-2021 is attached hereto as EXHIBIT "B" and incorporated herein by this reference, and may be amended by the City, by ordinance, at any time. The City will provide PRC a copy of any modification ordinances adopted by the City Council and said ordinances shall likewise be incorporated herein by this reference. 7. Insurance. PRC shall provide, and maintain in force at all times, during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance as will assure to City the protection contained in the foregoing indemnification undertaken by PRC. A. General Liability Insurance: PRC shall purchase and maintain, at its own expense, such general liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the programs, functions, and services performed by PRC and its authorized contractors under this Agreement. The insurance shall have minimum limits of coverage of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. B. Workers' Compensation insurance of not less than the statutory limits with $100,000 Employers Liability. C. Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non - owned and hired automobiles and employee non -ownership with limits of not less than $1,000,000 per occurrence. D. Errors and Omissions Insurance limits of liability provided by such policy shall be no less than $1,000,000 to assure City the indemnification specified herein. E. All insurance coverage shall be insurer(s) approved by the City Manager and City of Cape Canaveral Vacation Rental Agreement Page 5 of 15 licensed by the state of Florida to engage in business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." PRC shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage and effect pursuant hereto, the expiration date on such policies, and the statement that no insurance under such policies will be cancelled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. PRC shall be solely responsible to pay any deductible, if any, relating to any claim made against the insurance coverages and policies provided under this Agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by PRC in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify PRC in writing thereof within thirty (30) days of the date of delivery of such certificates and endorsements to the City. For all programs, functions, and services permitted and occurring under this Agreement, including any and all programs, functions, and services provided and performed by PRC and by authorized contractors, PRC shall continuously maintain such insurance in the amount, type, and quality as required by this Agreement. 8. Confidential Information. A. Confidential Information shall mean non-public information of a party to this Agreement which the City is not required by the Florida Public Records Act, Ch. 119, Florida Statutes, to publicly disclose for inspection and copying. Confidential Information of PRC includes its proprietary software and algorithms, methods, techniques, and processes revealed by the Software that constitute a trade secret as defined in Section 812.081, Florida Statutes, and as provided for in Sections 815.04(3) and 815.045, Florida Statutes. Confidential Information does not include information that: (1) is or becomes known to the public without fault or breach of the receiving party; (2) the disclosing party regularly discloses to third parties without restriction on disclosure; or (3) the receiving party obtains from a third party without restriction on disclosure and without breach of a written non -disclosure obligation. Further, the parties agree that Confidential Information does not include data stored within the PRC's proprietary software or any input and/or output City of Cape Canaveral Vacation Rental Agreement Page 6 of 15 sensory displays of or from the proprietary software. B. Each party agrees to keep confidential and not disclose to any third party, and to use only for purposes of performing or as otherwise permitted under this Agreement, any Confidential Information. 9. Public Records. Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, PRC agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission, of PRC related, directly or indirectly, to the services provided to the City under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the City, may be deemed to be a public record, whether in the possession or control of the City or the PRC. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of PRC are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's designated custodian of public records. IF THE PRC HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PRC'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (321) 868-1220, cityclerk@cityofcapecanaveral.org, P.O. Box 326, Cape Canaveral, FL 32920. PRC is required to and agrees to comply with public records laws. PRC shall keep and maintain all public records required by the City to perform the services as agreed to herein. PRC shall provide the City, upon request from the City Clerk, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. PRC shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, PRC shall transfer to the City, at no cost, all public records in possession of the PRC, provided the transfer is requested in writing by the City Clerk. Upon such transfer, PRC shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure City of Cape Canaveral Vacation Rental Agreement Page 7 of 15 requirements. However, if the contractor keeps and maintains public records upon completion of the contract, the PRC shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City Clerk, in a format that is compatible with the information technology systems of the City. Should the City not possess public records relating to this Agreement which are requested to be inspected or copied by the City or any other person, the City shall immediately notify PRC of the request and the PRC shall then provide such records to the City or allow the records to be inspected or copied within a reasonable time. If the PRC does not comply with a public records request, the City may enforce this Section to the extent permitted by law. PRC acknowledges that if the PRC does not provide the public records to the City within a reasonable time, the PRC may be subject to penalties under Section 119.10, Florida Statutes. The PRC acknowledges that if a civil action is filed against the PRC to compel production of public records relating to this Agreement, the court may assess and award against PRC the reasonable costs of enforcement, including reasonable attorney fees if the court determines that PRC unlawfully refused to comply with the public records request within a reasonable time; and at least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the PRC has not complied with the request, to the City and to PRC. A notice complies with this section if it is sent to the City's custodian of public records and to PRC at PRC's address listed on its contract with the City or to PRC's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. PRC shall not liable for the reasonable costs of enforcement if PRC complies with a public records request within eight (8) business days after the notice is sent. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the PRC, be open and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by PRC to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation. If the PRC fails to comply with this Section, and the City must enforce this Section, or the City suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to PRC's failure to comply with this Section, the City shall collect from PRC prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against PRC. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the PRC's failure to comply City of Cape Canaveral Vacation Rental Agreement Page 8 of 15 with this Section. The City agrees to indemnify and hold harmless the PRC, its employees, attorneys and officers, from and against all claims, losses, damages, or liability (including reasonable attorney's fees), directly or indirectly arising from, or out of the City's failure to produce to a requestor public records which the PRC timely provided to the City for production to such requestor in response to a request to inspect or copy public records relating to this Agreement. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 10. Audit and Inspection. A. All PRC's records with respect to any matters covered by this Agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data in order to determine PRC's compliance with the terms and conditions of this Agreement. Any deficiencies noted in audit reports must be fully cleared by PRC within thirty (30) days after receipt by PRC. Failure of PRC to comply with the above audit requirements will constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the termination of this Agreement. Any incomplete or incorrect entry in PRC's records shall be a basis for the City's disallowance and recovery of any payment upon such entry. B. In addition, PRC shall respond to the reasonable inquiries of any successor companies and allow such successor companies to receive records relating to matters of continuing significance to the City. In addition, PRC shall provide a complete copy of all records to the City, prior to any final payment, in accordance with this Agreement. 11. Provision of Services is a Private Undertaking. With regard to any and all Services performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and PRC is such that PRC is an independent contractor and not an agent of the City. PRC, its members, employees, contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City and PRC, its members, contractors, partners, employees, or agents, during or after the performance of City of Cape Canaveral Vacation Rental Agreement Page 9 of 15 the Services under this Agreement. This Agreement shall not be construed as creating any joint employment relationship between PRC and the City and the City will not be liable for any obligation incurred by PRC, including but not limited to unpaid minimum wages and/or overtime premiums. 12. Notices. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. Notice shall be deemed to have been given upon receipt. For the present, PRC and the City designate the following as the respective places for giving of notice: City: Copy To: City of Cape Canaveral Attention: Todd Morley 100 Polk Avenue P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1220 Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. 111 North Orange Avenue, Suite 2000 P.O. Box 2873 Orlando, Florida 32801 (407) 425- 9566 PRC: David Mulberry, President/CIO Property Registration Champions, LLC 2725 Center Place Melbourne, Florida 32940 (321) 421-6639 13. Assignment. This Agreement, or any interest herein, shall not be assigned, City of Cape Canaveral Vacation Rental Agreement Page 10 of 15 transferred or otherwise encumbered, under any circumstances, by PRC without the prior written consent of the City. 14. Amendment. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 15. Contingent Fees. The parties acknowledge that there are no contingent fees payable or owed under this Agreement. 16. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 17. Laws and Ordinances. PRC shall observe all laws and ordinances of the City, county, state, federal or other public agencies directly relating to the Services being conducted pursuant to this Agreement. 18. Equal Employment Opportunity. In the performance of this Agreement, PRC shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 19. Waiver. Any failure by City to require strict compliance with any provision of this Agreement shall not be construed as a waiver of such provision, and City may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 20. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 21. Choice of Law, Venue. This Agreement has been made and entered into in the State City of Cape Canaveral Vacation Rental Agreement Page 11 of 15 of Florida, County of Brevard, and the laws of the State of Florida shall govern the validity and interpretation of this Agreement and the performance due hereunder. The parties agree that venue shall be exclusively in Brevard County, Florida, for all state court actions or disputes which arise out of or based upon this Agreement, and in Orlando, Florida for all federal court actions or disputes which arise out of or are based upon this Agreement. 22. Attorney's Fees. Except as otherwise provided by law, should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 23. Entire Agreement. This Agreement represents the entire and integrated agreement between the City and the PRC and supersedes all prior negotiations, representations or agreements, either written or oral. 24. Sovereign Immunity. The City intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. PRC agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 25. No City Obligation for Funds. No provision in this Agreement shall be construed as requiring the City to provide any funds to PRC. 26. Headings. All headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. City of Cape Canaveral Vacation Rental Agreement Page 12 of 15 27. No Joint Venture. No provision contained herein shall be construed as creating a joint venture between the parties. 28. Professionalism and Standard of Care. PRC shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement. PRC shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of professional service providers working in the same or similar locality as PRC. 29. City Logo. The City shall provide PRC a copy of the City's logo to be used only for purposes of providing the Services required by Paragraph 2 of this Agreement. The City reserves the right to suspend or terminate PRC's use of the City's logo at any time. No other use of the City's logo shall be permitted without the express written consent of the City. 30. Limitations of Liability. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. 31. Integration. The drafting, execution, and delivery of this Agreement by the parties have been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. IN WITNESS WHEREOF, this Agreement is entered into as of the day and year the last party signs this Agreement as stated below. ATTEST: CITY OF CAPE CANAVERAL Mia Goforth, City Clerk By: Todd Morley, City Manager Date Approved by the City Council: City of Cape Canaveral Vacation Rental Agreement Page 13 of 15 PROPERTY REGISTRATION CHAMPIONS, LLC. By: David Mulberry, President/CIO Date: City of Cape Canaveral Vacation Rental Agreement Page 14 of 15 EXHIBIT A SCOPE OF SERVICES EXHIBIT "A" PROCHAM PS Short -Term Rental Program "Uniquely Capable Platform" PROCHAMPS 6 step process for managing the Short -Term Rental Property Registration Program for the City of Cape Canaveral, FL Identify • Collect and Review Property Evidence • Report on Identified Short -Term Rental Property Risks Contact • Once identifed PROCHAMPS will contact all responsible parties with an obligation to register. • PROCHAMPS will ensure, for all identified STR properties, that we maintain accurate and current Owners contact information for compliance out- reach activities. Collect • Collect all registration fees, fines and late fees on behalf of the community. • PROCHAMPS will remit all collected registra- tion fees, fines and late fees back to the commu- nity in the form of a monthly remittance check. Enforce • Determine Properties Eligible for Enforcement. • Track enforcement cases & mile- stones. Monitor • Analyze Property Risk and Compliance Trends. • View Current Property Risk and Compliance Status. Support • Support- is provided to City Staff by offering training of the system, web meetings, support tickets, and live chat options. • PROCHAMPS provides a 24/7/365 Hot Line for resident complaints and concerns upon request. Identify Contact Collect Enforce Monitor Support AT-RISK PROACTIVE COMPLIANCE ABANDONED VACANT DEFAULT FORECLOSURE SHORT & LONG RENTAL SCOPE OF WORK EXHIBIT A Scope of Services PROCHAMPS: Prochamps commits to the following understanding and scope of services: 1. Will operate a Hotline to receive non -anonymous resident concerns and report those concerns to the appropriate designee as directed by the community. Anonymous concerns will not be acted upon. Those contacts may include but not be limited to the owner/property manager, code enforcement, and/or Police/Sheriff. In addition, the complaint is stored in our system with the remainder of the property detail information. 2. Shall follow the requirements of the City Code. 3. Will execute a Website Link Agreement with the City and meet all the City security and anti -virus requirements. 4. Will be able to accept registrations within 30 days and pay all related expenses and administrative costs. 5. Will proactively contact those that are subject to the City's Code via email, postcard or letter applicable to type of "At -Risk" property and responsible parties. 6. Will provide electronic registration for parties responsible for registering subject to the City Code. 7. Will investigate, report, or take corrective measures monthly to update property status of all subject property electronically registered and in compliance with the relevant Code. It is understood that court actions are administered and prosecuted by the City and PROCHAMPS may assist, if desired, for additional revenue sharing. 8. Will continue to charge each applicant no more than the amount prescribed by the ordinance (per property) to register all responsible parties who comply with the ordinance 9. Will remit the agreed upon portion of the unearned registration fee, in consideration of the services provided, and provide the prior month's reports, no later than the fifteenth (15th) day of each month to the designated party within the City. 10. Understands that all information collected by PROCHAMPS from registering parties in connection with the registration of a property shall be the property of the City, and shall be provided to City within seven (7) business days, upon the City's request and /or upon the termination of this agreement. 11. Understands that the City shall not be responsible for any fees associated with obtaining Responsible Party information pursuant to the Registry. SCOPE OF WORK 12. Understands that the City shall have the right to audit the books, records, and accounts that are related to the agreement upon 15 days written notice to PROCHAMPS. 13. Will load all real properties with current owner info as tracked by the property appraiser and tax assessor within Cape Canaveral. We collect evidence to determine if a property is an STR, then confirm ownership and owner contact information before sending compliance outreach. 14. Will provide detailed reports to Cape Canaveral of all STR listing evidence collected, properties identified, compliance outreach, disputes, registration data and payments and compliance status. (Disputes - are initiated when the responsible party disagrees with their obligation to register. The responsible party has the option to register, dispute or request and an exemption when completing their registration form. All information related to a dispute will be reported to the community for their opportunity to accept or decline the request to dispute.) 15. Will collect evidence, identify and notify any unregistered STR properties with an obligation to register as well as those properties in violation of the community's regulatory requirements. Through the STR platform the community has access to the listing report for all non -compliant properties and owner information. Additionally, we electronically notify the community each time evidence of a new non -compliant property is located and each time evidence is collected that a non -compliant property or a registered property is in violation of the city's regulatory requirements. Reports shall be in a printable format, and suitable for use as evidence to support city code enforcement efforts. 16. For the life of our contract we will scrape multiple web sites multiple times per week to collect any and all evidence showing failure to register the STR unit and any and all evidence of violations of the city's regulatory requirements. In the event the City uses PROCHAMPS' Payment Administrative Services for enforcement, PROCHAMPS will provide detailed tracking of the milestones to include when enforcement starts, when the certified notice of violation is sent/delivered, when the hearing is conducted, what is the outcome and any settlement. PROCHAMPS will also track all the evidence making up the case for enforcement. 17. We collect evidence of violations of the community's regulatory requirements, including the 7-day minimum stay requirement, and notify any property owner/responsible party of their obligation to stay within the community's 7-day minimum stay requirement. The community will have access to all property owners/responsible parties who have been notified of this violation through our platforms reporting system. Additionally, the community will receive electronic communication for each notification sent. City of Cape Canaveral Vacation Rental Agreement Page 15 of 15 EXHIBIT B CITY OF CAPE CANAVERAL ORDINANCE NO. 10-2021 EXHIBIT "B" 1 - ORDINANCE NO. 10-2021 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 3 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING 4 SECTION 110-486 OF THE CITY CODE REGULATING VACATION 5 RENTALS; MAKING FINDINGS OF FACTS; PROVIDING FOR 6 DEFINITIONS; REQUIRING .VACATION RENTAL REGISTRATION; 7 REQUIRING INSPECTIONS; SPECIFYING DUTIES OF VACATION 8 RENTAL OWNERS AND ALLOWING AGENTS; PROVIDING FOR 9 MAXIMUM OCCUPANCY; PROVIDING LIMITED EXCEPTIONS 10 FOR PRE-EXISTING CONTRACTS; REQUIRING PROVISIONS FOR 11 PROVIDING AND POSTING SAFETY INFORMATION FOR 12 OCCUPANTS OF VACATION RENTALS; PROVIDING 13 ENFORCEMENT; PROVIDING FOR OTHER MISCELLANEOUS 14 PROVISIONS; PROVIDING FOR THE REPEAL OF PRIOR 15 INCONSISTENT 'ORDINANCES AND RESOLUTIONS, 16 INCORPORATION INTO THE CODE, SEVERABILITY AND AN 17 EFFECTIVE DATE. 18 19 WHEREAS, Section 509.013, Florida Statutes, provides a distinction between "transient 20 public lodging establishments," which are rented, or advertised or held out for rental to guests 21 more than three times in a calendar year for periods of less than thirty (30) days or one (1) calendar 22 month, whichever is less; and "non -transient public lodging establishments," which are rented, or 23 advertised or held out for rental to guests for periods of at least thirty (30) days or one (1) calendar 24 month, whichever is less; and 25 WHEREAS, Section 509.242(1)(c), Florida Statutes, further provides for a subset of 26 transient public lodging establishments, called "vacation rental" which is any unit or group of units 27 , in a condominium or cooperative or any individually or collectively owned single-family, two- 28 family, three-family or four -family" house or dwelling that is also a transient public lodging 29 establishment, but that is not a timeshare project; and 30 WHEREAS, it is the intent of this Chapter to regulate vacation rentals defined by Florida 31 Statutes, as well as other transient public lodging. establishments that do not have on -site 32 management, which are located in residential zoning districts of the City of Cape Canaveral, which 33 is referred to herein as "Vacation Rentals;" and 34 WHEREAS, in 2014, the Florida Legislature passed Senate Bill 356 (Chapter 2014-71, Laws 35 of Florida), amending the same statute to read "[a] local law, ordinance, or regulation may not 36 prohibit vacation rentals, or regulate the duration or frequency of rental of vacation rentals. This City of Cape Canaveral Ordinance No. 10-2021 Page 1 of 15 1 paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2 2011;" and 3 WHEREAS, since approximately the late 1980s, the City of Cape Canaveral has had a 4 minimum seven (7) consecutive day rental restrictionon residential property, the substance of 5 which is currently set forth in Section 110-487 of the City Code, and that durational restriction was 6 upheld in Royal Mansions Condominium Association, Inc. v. City of Cape Canaveral, case No. 89- 7 16393-CA-N; and 8 WHEREAS, the City Council recognizes that the City's seven (7) consecutive day vacation 9 rental restriction in residential areas is currently grandfathered and exempt from the state 10 preemption set forth in Section 509.032(7)(b), Florida Statutes; and 11 WHEREAS, although Section 509.032(7)(b) preempts a municipality from either 12 prohibiting vacation rentals or regulating the duration or frequency of rental of vacation rentals 13 after June 1, 2011, the Florida Attorney General and several courts have recognized that a 14 municipality still possesses the authority to enact other kinds of regulations affecting vacation 15 rentals including, but not limited to, registration requirements, maximum occupancy, building, fire 16 and safety inspections and signage. See, e.g., Fla. AGO 2016-12; Fla. AGO 2014-09; Eisenberg v. 17 City of Miami Beach, 1 F.Supp.3d 1327 (U.S. S.D. of Fla., March 3, 2014); and 18 WHEREAS, the City Council also recognizes and relies upon the Florida Attorney General's 19 opinion that accessory structures used for sleeping purposes that do not constitute a dwelling 20 unit or house do not constitute a vacation rental and therefore, a municipality may prohibit such 21 structures from being independently rented out. See Fla. AGO 2018-06; and 22 WHEREAS, the City of Cape Canaveral has a significant number of long established 23 residential neighborhoods, and if left unregulated, vacation rentals can create negative 24 compatibility impacts on residential neighborhoods, including disruption of the character of 25 residential neighborhoods, excessive noise, parking that overwhelms use by local residents, 26 increased instances of police and code enforcement calls for service and accumulation of trash, 27 as well as diminished public health, safety and welfare; and 28 WHEREAS, for purposes of protecting the character of existing residential neighborhoods 29 in the City from disruptive and incompatible uses and protecting the health, safety and welfare of 30 the community, the City Council desires to enact additional regulations pertaining to vacation 31 rentals while, at the same time, respecting law-abiding resident's opportunity to safely offer and 32 use their dwellings as vacation rentals in a manner that is consistent with state and local law and 33 any applicable private covenants and compatible with the residential character of the surrounding 34 neighborhood; and 35 WHEREAS, considering the unique nature of the vacation rental market, the purpose of 36 these regulations is also to promote compliance with the City Code by vacation rental unit owners City of Cape Canaveral Ordinance No. 10-2021 Page 2 of 15 1 and their guests including, but not limited to, regulations pertaining to the minimum seven (7) 2 consecutive day requirement, parking, noise, maximum occupancy and inspections; and 3 WHEREAS, these regulations are also intended to protect renter safety; and 4 WHEREAS, based on information gleaned from the practical, first-hand experience and 5 observations of the City Council, common sense deduction of the City Council based on long term 6 experiences in the City of Cape Canaveral, information learned by City Council from various 7 residents, City Staff and law enforcement, and information from the U.S. Census, the City Council 8 finds: 9 (1) Non -transient residents residing within their residential dwellings 10 are inherently familiar with the local surroundings, local weather disturbances, local 11 hurricane evacuation plans, and means of egress from their residential dwellings, 12 thereby minimizing potential risks to themselves and their families. 13 (2) In contrast, transient occupants of vacation rentals, due to their 14 transient nature, are typically not familiar with local surroundings, local ,weather 15 disturbances, local hurricane evacuation plans, and means of egress from the 16 vacation rentals in which they are staying thereby increasing potential risks to 17 themselves and their families, and putting an additional burden on, and potentially 18 putting at risk, emergency personnel in the event of any emergency situation. 19 (3) Several hundred vacation rental units are likely located within 20 residential zoning districts of the City of Cape Canaveral. 21 (4) Vacation rentals, left unregulated, can create negative impacts 22 within a residential neighborhood due to excessive noise, parking and traffic 23 problems, excessive use and impact on public services and public works and 24 greater occupancy than surrounding owner occupied houses and in some 25 instances even exceed the maximum occupancy limits under the International 26 Property Maintenance Code. 27 (5) Vacation rentals situated within a residential neighborhood can 28 disturb the quiet nature and atmosphere of the residential neighborhood, and the 29 quiet enjoyment of its residents. 30 (6) Vacation Rentals located within established residential 31 neighborhoods can create negative compatibility impacts relating to extreme noise 32 levels, late night activities, on -street parking issues and traffic congestion. 33 (7) According to the 2010 U.S. Census, the City of Cape Canaveral has 34 an average household size of 1.76 persons, an average household size of owner - City of Cape Canaveral Ordinance No. 10-2021 Page 3 of 15 1 occupied units of 1.72 persons, and an average household size of renter -occupied 2 units of 1.8 persons. 3 (8) Vacation rentals situated in a residential neighborhood can and do 4 create a great disparity in occupancy significantly above the average household 5 size within Cape Canaveral; and 6 WHEREAS, according to Airbnb statistics, the City of Cape Canaveral was one of the most 7 popular destinations in the year 2020, based on a 136% increase in bookings year -over -year, and 8 such increase has contributed to some of the increased adverse secondary effects caused by 9 vacation rentals primarily within residential neighborhoods and on City services, and given the 10 increase in adverse secondary effects, the City Council finds that there is a legitimate government 11 interest at this time to adopt additional vacation rental regulations as more specifically set forth 12 in this Ordinance; and 13 WHEREAS, the City's Planning & Zoning Board has reviewed and made a 14 recommendation regarding this Ordinance at a duly held public meeting as required by law; and 15 WHEREAS, the City Council hereby finds this Ordinance to be in the best interests of the 16 public health, safety and welfare of the citizens of Cape Canaveral. 17 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE 18 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: 19 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this 20 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 21 Canaveral. 22 Section 2. Amendment of Section 110-486. Section 110-486 of the City Code of 23 Ordinances is hereby amended to read as follows (underlined type are additions and strikeout 24 type are deletions): 25 Sec. 110-486. — Vacation rentals. 26 Nothing contained in the City Code shall be construed as prohibiting the use of any 27 dwelling unit as a "vacation rental," as defined by F.S. ch. 509. Vacation rentals shall comply with 28 the minium seven day rental restriction pursuant to section 110-487 of the City Code and shall 29 be governed by F.S. ch. 509, the Florida Building Code and the Florida Fire Prevention Code. 30 (a) Authority, Scope and Purpose. 31 (1) This section is enacted under the home rule power of the City of 32 Cape Canaveral in the interest of the health, peace, safety and general welfare, and 33 to preserve the quiet nature and atmosphere of residential areas, and to ensure 34 that the City's residents have the opportunity to maintain tranquility and peaceful City of Cape Canaveral Ordinance No. 10-2021 Page 4 of 15 1 enjoyment of their neighborhoods. This section shall be liberally construed to 2 accomplish its purpose of regulating vacation rentals, protecting the residential 3 character of the City of Cape Canaveral, the health, safety, and general welfare of 4 its residents and visitors, and the quiet enjoyment by the City of Cape Canaveral's 5 residents.of their residential property. 6 (2) This section is also enacted to better inform and protect transient 7 occupants of vacation rentals by requiring vacation rental owners to conspicuously" 8 post minimum information related to health and safety and applicable local 9 regulations. 10 (3) The maximum overnight occupancy limits for vacation rental units 11 established herein are enacted to mitigate against the potential harms caused by 12 the unsafe overcrowding of vacation rentals by overnight transient occupants, as 13 well as the incompatible nature of overcrowded transient vacation rentals with 14 existing residential neighborhoods which statistically have a much lower average 15 household size based on U.S. Census data. 16 (4) This section does not prohibit vacation rentals, nor regulate the 17 duration or frequency of rental of vacation rentals, nor is it the intention of the City 18 of Cape Canaveral to do so, but rather this section is intended to address life safety 19 and compatibility concerns in the interests of the health, peace, safety, and general 20 welfare. 21 (5) Nothing contained in this section is intended to amend or repeal 22 the minimum seven (7) consecutive day rental restriction set forth in Section-110- 23 487 of the City Code which was enacted by the City prior to "the statutory 24 preemption date of June 1, 2011 under Section 509.032 (7)(b), Florida Statutes. 25 Section 110-487 shall remain in full force and effect. 26 (6) Notwithstanding any other provision of this section, pre-existing 27 contracts are exempt from the provisions of this section. If a vacation rental is cited 28 for a violation of the provisions herein, when the vacation rental is occupied under 29 the terms of a pre-existing contract, the vacation rental owner may raise the pre- 30 existing contract as an affirmative defense and defend such violation based on the 31 fact that the vacation rental was exempt from applicable provisions of this section 32 due to it being occupied pursuant to a pre-existing contract, provided the fact 33 finder determines by competent substantial evidence that the contract exists and 34 satisfies the definition of pre-existing contract. A pre-existing contract may not be 35 raised as an affirmative defense to an alleged violation of any other provision of 36 the City Code outside of this section. City of Cape Canaveral Ordinance No. 10-2021 Page 5 of 15 1 (b) Definitions. 3 The following terms as used in this section are defined as set forth hereinafter: 4 "Bedroom" means any room in a vacation rental which has a minimum of 5 70 square feet, a bed or other place for sleeping and a separate closet that is an 6 integral part of the permanent construction within the bedroom or an en suite 7 bathroom and is located along an exterior wall with an emergency means of escape 8 and rescue opening to the outside, but shall not include a bathroom, a kitchen, a 9 dining room, or any mainrliving area. A bedroom shall not constitute the only 10 means of access to other bedrooms or habitable spaces and shall not serve as the 11 only means of egress from other habitable spaces. If a room has been added, 12 altered, or converted without any required building permit having been granted, 13 such room shall not be deemed a bedroom. If a previously approved bedroom in 14 an existing vacation rental exists as of the effective date of this section, and does 15 not have a separate closet that is an integral part of the permanent construction 16 of the structure, but rather utilizes an armoire or other furniture piece for clothing 17 storage for at least two persons, the requirement for a closet to qualify as a 18 bedroom is waived. 19 "City fiscal year" means the annual period from October 1st through 20 September 30th 21 "Occupant" means any person who occupies.a vacation rental overnight. 22 "Owner occupied" means the vacation rental is occupied by the owner of 23 the vacation rental or other person(s), at the vacation rental owner's consent, who 24 do not pay rent for the occupancy of the vacation rental, when such persons are 25 members of the family of the vacation rental owner. Family shall be defined as any 26 number of individuals related by blood, marriage or legal adoption, and not more 27 than four (4) persons not so related, living together as a single housekeeping unit. 28 Foster children are considered part of a family. 29 "Pre-existing contract" means a duly executed written contract entered into 30 by a vacation rental owner and a future occupant prior to the enactment of this 31 section on October 1, 2021 under which the vacation rental owner has agreed to 32 rent a vacation rental to the occupant in compliance with the minimum seven (7) 33 consecutive day rental requirement under section 110-487 of the City Code, if 34 applicable. City of Cape Canaveral Ordinance No. 10-2021 Page 6 of 15 1 "Transient public lodging establishments" means any unit, group of units, 2 dwelling, building, or group of buildings within a single complex of buildings which 3 is rented to guests more than three (3) times in a calendar year for periods of less 4 than 30 days or 1 calendar month, whichever is Tess, or which is advertised or held 5 out to the public as a place regularly rented to guests. 6 "Vacation Rental" is defined under Florida Statutes and is currently defined 7 as any unit or group of units in a condominium or cooperative or any individually 8 or collectively owned single-family, two-family, three-family, or four -family house 9 or dwelling unit that is also a transient public lodging establishment but that is not 10 a timeshare project. A vacation rental is the entire dwelling unit or house. An 11 accessory structure where people are permitted to sleep that is not a lawfully 12 permitted separate dwelling unit or house is not a vacation rental. Further, one or 13, group of individual rooms independently rented or offered for rent apart from the 14 entire dwelling unit or house is not a vacation rental. 15 "Vacation Rental Owner" is the fee simple owner of the vacation rental 16 whether an individual, partnership, corporation, limited liability company, trust, or 17 other entity. In the event the vacation rental owner is not an individual, each and 18 every person who owns twenty percent (20%) or more of the equitable interest in 19 the vacation rental shall also be deemed a vacation rental owner. 20 (c) Registration 21 Registration shall be based on the City's fiscal year similar to City business tax 22 receipts. Prior to initiating the operation of a property as a vacation rental and prior to 23 October 1st for each subsequent year, a vacation rental owner, either personally or through 24 an agent, shall register with the City of Cape Canaveral utilizing forms promulgated by the 25 City. A leaseholder of an entire dwelling unit or house may also register the entire dwelling 26 or house as a vacation rental provided written consent of the vacation rental owner is filed 27 with the City along with verification of the lease. Registration may be conducted by 28 electronic means by the City and through a third -party contractor retained by the City for 29 such purposes. The City, with the approval of the City Manager, may extend the date that 30 such registration is required by notice on the City's website, and prorate up to fifty percent 31 (50%) of the required registration fee for initial registrations filed after April 1st. A separate 32 registration shall be required for each vacation rental. The operation of a vacation rental 33 without registration after the date registration is required shall be a violation of this 34 section, except in the instance of providing accommodations to fulfil a pre-existing 35 contract as provided hereinafter. Upon receipt of written notice by the City that a vacation 36 rental is in noncompliance with the registration requirements, the vacation rental owner 37 or agent, as applicable, shall have a five (5) day grace period in which to register the City of Cape Canaveral Ordinance No. 10-2021 Page 7 of 15 1 vacation rental. Renting the subject vacation rental without registration after the five (5) 2 day grace period shall constitute a separate violation of this section for each day after the 3 grace period. 4 (1) A vacation rental owner or agent, as applicable, registering a 5 vacation rental with the City shall submit to the City a completed registration form 6 utilizing the registration method established by the City, together with a 7 registration fee in the amount set by resolution of the City Council. 8 (2) A registration shall include the following submittals: 9 (i) A completed vacation rental registration form. 10 (ii) Payment of applicable fee which shall be nonrefundable. 11 (iii) A copy of the vacation rental's current and active license as a 12 transient public lodging establishment with the Florida Department of Business 13 and Professional Regulation, if the registrant is required to have such license. 14 (iv) A copy of the vacation rental's current and active certificate of 15 registration with the Florida Department of Revenue for the purposes of collecting 16 and remitting sales surtaxes, transient rental taxes, and any other taxes required by 17 law to be remitted to the Florida Department of Revenue. 18 (vi) A copy of the current City business tax receipt. 19 (vii) Evidence of the vacation rental's current and active account with the 20 Brevard County Tax Collector for the purposes of collecting and remitting tourist 21 development taxes and any other taxes required by law to be remitted to the 22 Brevard County Tax Collector. 23 (viii) Exterior site sketch. An exterior sketch of the vacation rental facility 24 shall be provided. The sketch shall show and identify the dwelling unit or house 25 and all structures, pools, spas, hot tubs, fencing, and uses, including areas provided 26 for off-street parking. For purposes of the sketch, off-street- parking spaces shall 27 be delineated so as to enable a fixed count of the number of spaces provided. At 28 the option of the vacation rental owner, such sketch may be hand drawn, and need 29 not be professionally prepared. 30 (ix) Interior building sketch by floor. A building sketch by floor shall be 31 provided, showing a floor layout identifying all bedrooms, other rooms, exits, 32 hallways and stairways, as applicable. At the option of the vacation rental owner, 33 such sketch may be hand drawn, and need not be professionally prepared. City of Cape Canaveral Ordinance No. 10-2021 Page 8 of 15 1 (3) If a registration form is incomplete, the registrant will be notified of 2 the deficiency, and be allowed ten (10) days to provide any missing .information or 3 fees unless additional time is granted by the City for good cause. 4 (4) A vacation rental owner, either personally or through an agent, shall 5 be required to amend the vacation rental registration in the following 6 circumstances: 7 (i) A change in ownership of the vacation rental; 8 (ii) An increase or decrease in the number of bedrooms in the vacation 9 rental: 10 (iii) An increase or decrease in the maximum occupancy of the vacation 11 rental: or 12 (iv) An increase or decrease in the number of parking spaces, or a 13 change in location of parking spaces for the vacation rental. 14 (5) A vacation rental registration shall be based upon and valid for one 15 L) City fiscal year, and renewals shall be annually prior to the expiration date of 16 the previous vacation rental registration. 17 (6) A vacation rental registration is transferable when the ownership of 18 the vacation rental is sold or otherwise transferred, and the new owner has filed a 19 modification of the registration with the City within thirty (30) days from the date 20 of sale or transfer. If the new owner fails to timely modify the registration, any 21 existing registration related to the subject property shall be deemed null and void 22 on the thirty-first (31st) day after such sale or transfer, and the new property owner 23 will thereafter be required to file a new registration form and pay a new registration 24 fee. 25 (7) The registration of vacation rental shall not be construed to 26 establish any vested right or entitle the registered vacation rental to any rights 27 under the theory of estoppel. Registrations accepted in error by the City or based 28 on false or misleading information may be freely revoked by the City upon written 29 notice to the vacation rental owner. Registration shall not be construed as a waiver 30 of any other requirements contained in the City Code or applicable law and is not 31 an approval of any other code requirement outside of acknowledging registration 32 with the City under this section. The registration of a vacation rental is not an 33 approval of a use or activity that would otherwise be illegal under applicable law 34 and does not in any way limit or prevent the City from enforcing applicable law. City of Cape Canaveral Ordinance No. 10-2021 Page 9 of 15 1 (8) It shall be a violation of this section for any person to provide false 2 or misleading information in connection with any application for registration, 3 modification or renewal of a vacation rental as required by this section. 4 (d) Maximum Overnight Occupancy. 5 (1) The maximum overnight occupancy of a vacation rental shall be two (2) 6 occupants per bedroom (as defined herein), plus two (2) additional occupants per vacation 7 rental, excluding children under the age of six (6) years old, up to a maximum occupancy 8 of: 9 (i) Eight (8) occupants per dwelling unit or house not exceeding 2,000 square 10 feet under enclosed roof/air; 11 (ii) Ten (10) occupants per dwelling unit or house between 2,001 and 3,000 12 square feet under enclosed roof/air; 13 (iii) Twelve (12) occupants per dwelling unit or house between 3,001 square 14 feet and 4,500 square feet under enclosed/air; or 15 (iv) Fourteen (14)-occupants per dwelling unit or house over 4,500 square feet 16 under enclosed roof/air. 17 For purposes of this subsection, the term "overnight" shall mean between the hours 18 of 10:00 p.m. and 7:00 a.m. the following day. Square footage shall be determined 19 based on data contained in a floor plan prepared by a duly licensed engineer, 20 recorded official condominium declarations or the Brevard County Property 21 Appraiser's official website. 22 (2) Notwithstanding the maximum occupancy restrictions set forth in 23 subsection (1), the occupancy of a vacation rental shall not exceed the maximum 24 occupancy permitted by the Florida Building or Fire Prevention Code or International 25 Property Maintenance Code if less than the requirements allowed by this section. 26 (3) The maximum occupancy restrictions set forth in subsection (1) shall not 27 apply when the vacation rental is being physically owner occupied. 28 (4) If the vacation rental owner has a pre-existing contract booking a vacation 29 rental prior to the adoption of this subsection (d) that exceeds the maximum occupancy 30 requirements, the vacation rental owner shall request in writing that the City exclude the 31 pre-existing contractual booking from the requirements set forth in this subsection (d). 32 The written request must be submitted on a form prescribed by the City, which shall be 33 submitted under oath and penalties of perjury, and provide verifiable proof of the pre- 34 existing contract, number of occupants and number of bedrooms. Only verifiable and pre - City of Cape Canaveral Ordinance No. 10-2021 Page 10.of 15 1 existing contracts approved by the City shall be excluded from the requirements of this 2 subsection, and then the exclusion shall only apply to the specific date, time and duration 3 of the pre-existing booking. It is the intent and purpose of this subsection to allow the 4 vacation rental owner to honor the terms and conditions of such pre-existing contracts 5 entered into prior to the enactment of this subsection (d) that exceed the maximum 6 occupancy requirements. 7 (e) Posting of Safety and Information Notice. 8 (1) In each vacation rental, there shall be provided and posted, in a 9 prominent, conspicuous location, the following minimum written information: 10 (2) The name, address and phone number(s) of the vacation rental 11 owner or agent, as applicable. The phone number required by subsection (g) must 12 be listed at a minimum. 13 (3) The maximum occupancy of the vacation rental. 14 (4) The Cape Canaveral address and telephone number for the Brevard 15 County Sheriff's Office and Cape Canaveral Volunteer Fire Department. 16 (5) A copy of document to be supplied by the City which includes 17 excerpts from the City of Cape Canaveral Ordinance provisions of general 18 application relevant to vacation rentals to include solid waste pick-up regulations, 19 parking restrictions, regulations related to sea turtles and sea turtle lighting, and 20 beach, park and nuisance regulations. The City will make available to vacation 21 rental owners and agents a copy of such document in digital format upon request, 22 and the City will post such document on its website. 23 (6) The maximum number of vehicles that can be parked at the 24 vacation rental, along with a sketch of any off-street parking space locations 25 including any existing driveway and parking garage. 26 (7) The days and times of trash pickup. 27 (8) The location and telephone number of the nearest hospital. 28 (9) The location of any additional off -site parking spaces for occupants 29 and guests of the vacation rental, if available and needed. 30 (f) Inspections. 31 (1) An inspection of a vacation rental to verify compliance with the provisions 32 of this section, the Florida Building Code, Florida Fire and Life Safety .Codes and 33 International Property Maintenance Code may be requested by the City on an annual basis City of Cape Canaveral Ordinance No. 10-2021 Page 11 of 15 1 or as needed to address code compliance issues. Upon such request, the inspection shall 2 be made by the City through appointment with the vacation rental owner or agent, as 3 applicable. Upon conclusion of the inspection, the City will inform the vacation rental 4 owner or agent in writing of any non-compliance issues that must be remedied by the 5 vacation rental owner. 6 (2) If the vacation rental owner or agent, as applicable, does not make the 7 vacation rental available for inspection within twenty (20) days after notification by the 8 City, in writing, that the City is ready to conduct the inspection, said failure shall constitute 9 a violation of this section. Such violation shall continue until the inspection is 10 accomplished. Each day that such violation continues shall be a separate violation. 11 (3) This section shall not be construed to limit or restrict the City's authority 12 under the Florida Building Code, Fire Prevention Code or International Property 13 Maintenance Code to conduct required safety and permit inspections nor limit the City's 14 authority to seek an administrative search warrant under applicable law. 15 (9) Duties of Vacation Rental Owner to be Available. 16 (1) The duties and functions of a vacation rental owner may, at the option of 17 the vacation rental owner, be performed by a designated agent of the vacation rental 18 owner, so long as the vacation rental owner notifies the City, in writing, on a designated 19 agent form provided by the City, of the identity and contact information of such agent, 20 and the specific duties that the agent will be performing for the vacation rental owner. 21 The vacation rental owner may change the designation of agent at any time through the 22 filing of a new form and the payment of an administrative fee in an amount as set by 23 resolution by the City Council. A designated agent may be held accountable for violations 24 of this section with respect to the applicable vacation rental assigned to the agent. 25 However, the vacation rental owner shall be held responsible for all actions of such 26 designated agent. 27 (2) A vacation rental owner or designated agent, as applicable, shall register a 28 contact telephone number with the City which shall be monitored and answered by the 29 vacation rental owner or designated agent on a twenty-four (24) hour a day, seven (7) days 30 a week basis to respond to police, fire or other emergency personnel requests, the needs 31 of occupants staying at the vacation rental and responding to complaints regarding the 32 conduct or behavior of occupants and their guests. The contact number shall be required 33 to be posted on the notice required by subsection (e). Otherwise, a vacation rental owner 34 or designated agent, as applicable, must also register a telephone number to respond to 35 the City's regulatory personnel during normal business -hours on Monday through 36 Saturday, 9:00 a.m. to 5:00 p.m. City of Cape Canaveral Ordinance No. 10-2021 Page 12 of 15 1 (3) A vacation rental owner or designated agent must be willing and able to 2 be physically present at the vacation rental for inspections required by this section and 3 upon notification of code or law enforcement or fire/EMS personnel for issues related to 4 the vacation rental, and shall be physically present within sixty (60) minutes of notification 5 unless otherwise required by such personnel. 6 (4) Conduct on -site inspections of the vacation rental at the end of each rental 7 period to ensure continued compliance with the requirements of this section. 8 (5) Maintain for three years a log of all bookings of the vacation rental. The 9 log shall only be required to contain the booking date of each rental and.the number of 10 occupants on each booking date. The log shall be available for inspection by the City to 11 determine compliance with this section. Nothing herein shall be construed to require the 12 provision of any other information in the log including any personal information of the 13 occupants. 14 (h) Independently Renting Rooms Prohibited. 15 It shall be unlawful to independently rent or offer for rent individual rooms or 16 groups of rooms apart from the entire dwelling unit or house as a vacation rental. 17 (i) Commercial Use of Property; Entertainment Venue Prohibited. 18 A vacation rental shall not be used or advertised for any commercial or non- 19 residential use, including use of the property primarily as a party, event or entertainment 20 venue or social hall. 21 (j) Compliance with Codes; Enforcement; Penalties. 22 (1) In addition to the provisions of this section, vacation rental owners designated 23 agents, occupants and guests of the vacation rental shall comply with the provisions of 24 this section and all other applicable local, state and federal laws, regulations, rules and 25 standards ("Codes"). If violations of such Codes are found, such violations shall be handled 26 by the City in the customary code enforcement manner, and the City may pursue such 27 code enforcement, administrative and/or judicial action as deemed necessary and allowed 28 by law to gain current and future compliance by the violator. 29 (2) Any person owning, renting, operating or using a vacation rental in 30 violation of this section shall be subject to the penalties set forth in section 1-15 unless 31 otherwise specifically set forth in the City Code, and to all applicable enforcement 32 measures and penalties authorized by law. Any person operating a vacation rental without 33 registering as required by this section shall be subject to a penalty of $100.00 for the first 34 offense, $250.00 for the second offense,. and $500.00 for each subsequent offense 35 thereafter. City of Cape Canaveral Ordinance No. 10-2021 Page 13 of 15 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior. 3 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior: ordinances. 4 and resolutions in conflict herewith, are hereby repealed to the extent ofthe conflict. 5 6 Section 4. Incorporation Into Code. This Ordinance shall be. incorporated into the 7 Cape Canaveral City Code and any section or paragraph, numberor letter and any heading may 8 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical 9 and like errorsmaybe corrected and additions, alterations, and omissions,not affecting the 10 construction or meaning of this Ordinance and the City Code may be freely made: 11 12 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 13 provision of this Ordinance is for any reason held invalid orunconstitutionat by any court of... 14 competent jurisdiction, whether for substantive, procedural or any otherreason, such portion shall 15 be deemed a separate, distinct and independent provision, and such holding. shall not affect the 16 validity of the remaining portions of this Ordinance. 17. 18. Section 6. Effective Date. This Ordinance shall become effective on October 1, 2021. 19 20 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of 21 March, 2021. 22 23 24 25 26 27 28 29 ATTEST: 30 31 32 33 Mia Goforth, CMC 34 City Clerk. 35 36 37 38 39. 40 41 42 For Against Mike Brown Motion Robert Hoog X Mickie.Kellum X Wes Morrison X Angela Raymond Second City of Cape Canaveral Ordinance No. 10-2021 Page 14 of 15 1. 2' First Reading: January 19, 2021 3 Planning & Zoning Board: January 27, 2021 & February 24, 2021 4 Advertisement: February 4, 2021 5.. Second Reading: March 6, 2021 6 7 8 Approved as to legal form and sufficiency 9 for the City of Cape Canaveral only by: . 10 11 12 Anthony A. Garganese, City. Attorney 13 14 City of Cape Canaveral Ordinance No. 10-2021 Page 15 of 15 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Resolution No. 2021-09; amending Appendix B, Schedule of Fees of the City Code to include Registration and Inspection Fees related to Vacation Rentals under Section 110-486 of the City Code; providing for the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. Department: Community and Economic Development Summary: At its February 16, 2021 Regular Meeting, the Council adopted Ordinance No. 10-2021, to adopt additional vacation rental regulations, as contained in Section 110-486 of the City Code. One of the primary tenets of the new regulations requires that, prior to initiating operation of a vacation rental, an owner must annually register the unit with the City. The registration process includes the submittal of information that will assist in determining compliance with applicable rules. To this end, Staff, in conjunction with the City Attorney, has prepared an Agreement between the City and Property Registration Champions, LLC (dba ProChamps (PRC)) to provide short-term rental registration/monitoring services. This Agreement is presented to the Council for consideration as a separate agenda item at the July 20, 2021 Regular Meeting. Note that a distinction is made between Homesteaded and non -Homesteaded property. This is reflective of the anticipated differential in the number of annual vacation rentals between properties which are owner -occupied for part of the year and those that are not. To properly fund the proposed program, as established in the associated Agreement with PRC, and to limit financial impact on the City's General Fund. The following fees are proposed in Resolution No. 2021-09 (Attachment 1): 1. Annual Registration Fee — $300.00 for a non -Homesteaded unit and $200.00 for a Homesteaded unit. This tiered approach is proposed to lessen the financial burden on year- round residents. An owner of a vacation rental unit shall pay the appropriate fee annually via the PRC platform. PRC shall retain $100.00 for each collected rental unit registration. 2. Safety Inspection - $75.00 to be collected when a safety inspection is conducted and $50.00 for any required re -inspection. 3. Late Registration Fee - $50.00 to be collected upon registration of a unit if later than 60 days after the October 1st registration deadline. 4. Ownership/Agent Transfer Fee - $50.00 to be collected upon transfer of owner or agent of the registered unit. Note: transfers of address are not allowed. Assuming 400 vacation rentals (20 percent Homesteaded) will register through the platform, PRC will retain $40,000 while the City will receive $72,000 annually in registration fees. PRC shall be responsible for the collection of all fees and shall forward the City's portion no later than the 15th of each month. Staff prepared the following table to provide background on other Florida cities that have a vacation rental registration program charge for various program fees. City of Cape Canaveral City Council Meeting •July 20, 2021 Agenda Item # 4 Page 2 of 2 Safety Late Re- Transfer City Reg. Fee Renewal Inspection Registration Inspection Fee Fee Ft. Lauderdale $75 $75 $35 Homesteaded $160 Non-Homesteaded $80 Plantation Homesteaded $125 Non-Homesteaded $250 Hollywood Homesteaded $75 $25 $225 $100 $150 Non Homesteaded $500 $350 $225 $100 $150 St. Augustine Beach $100 $50 1 Bedroom $368.29 2 Bedroom $442.10 3 Bedroom $515.92 4 Bedroom $589.73 5 or more Bedrooms $663.54 Melbourne Beach $500 $350 $85 $100 $250 The City revenue will be used to more efficiently recover costs of providing vacation rental code enforcement services and recovering the financial burden placed upon the General Fund to include City Staff time, Special Magistrate and City Attorney costs. Submitting Department Director: David Dickey Date: 07/12/21 Attachment: Resolution No. 2021-09 Financial Impact: $72,000 increase to the General Fund in registration fees. Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/12/21 The City Manager recommends the City Council take the following action: Approve Resolution No. 2021-09. Approved by City Manager: Todd Morley Date: 07/12/21 RESOLUTION NO. 2021-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING APPENDIX B, SCHEDULE OF FEES OF THE CITY CODE TO INCLUDE REGISTRATION AND INSPECTION FEES RELATED TO VACATION RENTALS UNDER SECTION 110-486 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, home rule enables the City to provide a schedule of fees for carrying out the City's responsibility to administer and enforce the City Code; and WHEREAS, Section 166.201, Florida Statutes specifically authorizes a municipality to impose user charges or fees which are necessary for the conduct of municipal government; and WHEREAS, the City Council desires to update its schedule of fees to more efficiently recover the costs associated with recent City regulations adopted by the City Council related to vacation rentals; and WHEREAS, the City Council believes updating the City's fee schedule will more accurately reflect the cost of providing these services and recovering the financial burden placed upon the General Fund for providing services to the public related to vacation rentals; and WHEREAS, the City Council finds this Resolution to be in the best interest of the public health, safety and welfare of the citizens of Cape Canaveral. 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 incorporated herein by this reference as part of this Resolution. Section 2. Amendment to Appendix B, Schedule of Fees. Appendix B, Schedule of Fees, to the Cape Canaveral Code of Ordinances, is hereby amended to include the following fees related to Section 110-486 regulating vacation rentals as follows (underlined type indicates additions and strikeout type indicates deletions, while Chapters not stated below, and type not underlined or struckout shall remain the same as the language existing prior to adoption of this Resolution): Appendix B - SCHEDULE OF FEES City of Cape Canaveral Resolution No. 2021-09 Page 1 of 4 Printed herein are the fees, rates and charges established by resolution of the city council. Subpart A. General Ordinances **** Chapter 110-Zoning Amount Code Section (a) Application for rezoning 825.00 110-92 (b) Application for proposed amendment to chapter 275.00 110-92 (c) Application fora special exception or variance 825.00 110-92 (d) Application for appeal of administrative decision 275.00 110-92 (e) Site plans: 110-223 (1) Fee schedule. The fee schedule for site plan review shall be: a. One, two and three residential units 825.00 b. Four or more residential units 825.00 c. Commercial structures 825.00 d. Extension of site plan 165.00 (2) Resubmission. Changes to originally approved site plans shall be charged at a rate equal to 50 percent of the original fee. (f) Zoning Compliance Letter 55.00 (g) Application for Development Review Committee 275.00 (h) Fence height exemption filing fee 37.50 110-470 (i) Vacation Rentals 110-489 (1) Safety Inspection Fee (per unit) 75.00 (2) Safety Reinspection Fee (per unit) 50.00 (3) Annual Registration Fee (per unit) City of Cape Canaveral Resolution No. 2021-09 Page 2 of 4 a. Non -Homesteaded 300.00 b. Homesteaded 200.00 (4) Late Registration Fee: 50.00 (5) Ownership/Agent Transfer Fee: 50.00 Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. Section 4. Incorporation Into Appendix B, Schedule of Fees. This Resolution shall be incorporated into Appendix B, Schedule of Fees, to the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of this Resolution and the City Code may be freely made. Section 5. Severability. If any section, clause, phrase, word or provision is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 20th day of July 2021. [Signature page follows] City of Cape Canaveral Resolution No. 2021-09 Page 3 of 4 Bob Hoog, Mayor ATTEST: Mia Goforth, CMC City Clerk Name FOR AGAINST Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2021-09 Page 4 of 4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve Proposal from Tetra Tech in the amount of $57,500 to complete a Deep Injection Well Conceptual Study. Department: Capital Projects Summary: On April 21, 2021, the Florida Senate passed Amended Bill No. CS/SB 64 (summary in Attachment #1) and the Governor subsequently signed the Bill on June 30, 2021. The Bill significantly impacts operations at domestic wastewater utilities that discharge treated effluent to surface water bodies (e.g., Banana River). The Bill requires these utilities to submit an effluent disposal plan to Florida Department of Environmental Protection (FDEP) by November 1, 2021 describing how all non -beneficial surface water discharges will be eliminated by January 1, 2032. If an effluent disposal plan is not submitted by November 1, 2021, the utility will not be permitted to dispose of treated effluent to surface water bodies after January 1, 2028. A violation is subject to administrative and civil penalties pursuant to SS. 403.121, 403.131 and 403.141. Therefore, it is critical that an effluent disposal plan be completed and submitted to FDEP prior to the regulatory deadline. Project History: The City's Water Reclamation Facility (WRF) treats wastewater from both domestic and non -domestic sources. The WRF is currently permitted to dispose of treated effluent to (1) public access reuse (irrigation), (2) the exfiltration system at Canaveral City Park and (3) the Banana River. In 2020, treated effluent from the City's WRF was disposed as follows: • 81.825 million gallons to the Banana River (18%); • 324.257 million gallons to the City's reuse system (73%); • 40.380 million gallons to the City Park Exfiltration System (9%); and • 446.462 million gallons total. In the future, treated effluent (81.825 million gallons in 2020) must be disposed other than in the Banana River. Therefore, Staff has been reviewing potential methods for disposal of additional treated effluent including the following: • Construct a deep injection well; • Land disposal (irrigation) at City parks; • Purchase of land for installation of a large exfiltration system; • Increase the number of reclaimed water users; and • Increase flow to Port Canaveral and the City of Cocoa Beach. Staff has concluded that the most practical, efficient and environmentally -sound option is construction of a deep injection well at the WRF. This well would not be constructed as part of an aquifer storage and recovery (ASR) system since the treated wastewater could not be recovered for other uses (e.g., irrigation). Other treatment facilities in Central and South Florida have been utilizing deep injection wells for a number of years. In fact, there are over 250 deep injection wells currently in use in Central and South Florida. The other methods investigated are not 100% reliable and could result in continued discharges to the Banana River. However, before fully committing to a deep injection well, a conceptual study should be completed to further evaluate this option. Tetra Tech's proposal to perform the conceptual study is included as Attachment #2. City of Cape Canaveral City Council Meeting • July 20, 2021 Agenda Item # 5 Page 2 of 2 Selected Firm: After review of engineering firm qualifications for similar -type projects completed in other municipalities, Staff selected Tetra Tech of Orlando, Florida to perform the project tasks. Tetra Tech was one of the engineering firms selected by the City for Continuing Professional Engineering/Surveying, Planning, Consulting and Architectural Services through the Consultants' Competitive Negotiation Act (CCNA). A Master Services Agreement for these services was signed in July 2018 between the City and Tetra Tech. Upon approval of this item, staff will be able to comply with the November 1st submittal deadline. Submitting Department Director: Jeff Ratliff Date: 07/08/21 Attachments: #1 — Summary of Bill No. CS/SB 64 #2 - Tetra Tech's Deep Injection Well Conceptual Study Proposal Financial Impact: $57,500 to complete a Deep Injection Well Conceptual Study by Tetra Tech funded by the Wastewater Fund; Staff time/effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/08/21 The City Manager recommends the City Council take the following actions: Approve Proposal from Tetra Tech in the amount of $57,500 to complete a Deep Injection Well Conceptual Study. Approved by City Manager: Todd Morley Date: 07/08/21 Attachment 1 THE FLORIDA SENATE 2021 SUMMARY OF LEGISLATION PASSED Committee on Environment and Natural Resources CS/SB 64 — Reclaimed Water by Environment and Natural Resources Committee and Senator Albritton The bill requires domestic wastewater utilities that dispose of effluent, reclaimed water, or reuse water by surface water discharge to: • Submit a plan to the Department of Environmental Protection (DEP) to eliminate nonbeneficial surface water discharges by November 1, 2021; • Fully implement the plan to eliminate discharges by January 1, 2032; and • If no plan is timely submitted or approved, eliminate discharges by January 1, 2028. The bill requires DEP to submit a report to the Legislature by December 31, 2021, and annually thereafter, providing the average gallons per day that discharges are reduced, the average gallons per day of discharges that will continue, the level of treatment discharged water receives, and any modified or new plans submitted by a utility since the last report. The bill does not apply to domestic wastewater treatment facilities in certain areas with limited fiscal resources and those operated by certain mobile home park operators. The bill authorizes discharges that are being beneficially used or otherwise regulated, including: • Discharges associated with an indirect potable reuse project; • Permitted wet weather discharge; • Discharges into a stormwater management system, which are subsequently withdrawn for irrigation purposes; • Utilities that operate domestic wastewater treatment facilities with reuse systems that reuse at least 90 percent of a facility's annual average flow; or • Discharges that provide direct ecological or public water supply benefits. The bill also: • Specifies that potable reuse is an alternative water supply, for purposes of making reuse projects eligible for alternative water supply funding; • Incentivizes the development of potable reuse projects; • Incentivizes residential developments that use graywater technologies; and • Specifies the total dissolved solids allowable in aquifer storage and recovery in certain circumstances. If approved by the Governor, these provisions take effect upon becoming law. Vote: Senate 32-0; House 118-0 This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office. CS/SB 64 Page: 1 Attachment 2 CITY OF CAPE CANAVERAL WATER RECLAMATION FACILITY EFFLUENT DISPOSAL DEEP INJECTION WELL CONCEPTUAL STUDY SCOPE OF SERVICES I. PROJECT BACKGROUND The City of Cape Canaveral (City) operates a Water Reclamation Facility (WRF) which treats and reclaims wastewater from both domestic and non -domestic sources. The WRF is permitted for public access reuse disposal and surface water discharge to the nearby Banana River. However, surface water discharges are likely to be more stringent in the future. Therefore, the feasibility of a deep injection well for disposal of excess effluent from the WRF is one of the options the City is considering. The following Scope of Work outlines the tasks to prepare a Deep Injection Well Conceptual Study for the WRF. Each of these elements will be discussed in detail below. Services provided herein will be performed in accordance with the City / Tetra Tech (Tt) agreement for engineering/surveying services renewed on the 17th of July 2018. II. SCOPE OF WORK Task 1. Project Management Tt will perform project management services throughout the duration of the project. The project manager will be responsible for providing oversight of the work performed, as well as tracking and monitoring progress, preparing monthly invoices, and implementing QA/QC procedures. Task 2. Conceptual Study Tt will perform the following tasks under the Conceptual Study: • Conduct a kick-off meeting to clarify scope and discuss the plan to conduct the study. Tt will coordinate and set-up two nearby similar facilities site visit on the day of the kick-off meeting. • Prepare a data request and follow up with the City. • Develop a basis of design and capacity needs for the deep injection well based on the recent diurnal flow variations and built out flow projections provided by the City. • Review regulatory requirements and research existing hydrogeology and target injection zone. • Tt will review of existing wells within 1-mile radius that penetrate the confining zone is to understand their use and will it be impacted by injection. Then, Tt will develop well construction details (depth and diameter) of the proposed well. • Prepare conceptual design for the existing reuse transfer pump station magnetic flow meter. • Review setback requirements for the proposed injection well and monitoring well system (to include a dual zone monitoring well and surficial monitoring wells around the concrete injection well pad) for the WRF site. RRS/ab/Deep Injection Well/Scope.docx Tt # 200BP City of Cape Canaveral -1- Tt TETRATECH 04/21/21 • Perform conceptual design calculations for the proposed injection well and monitoring well system, including the components specific to the injection such as a booster pump, piping, valves, and power/controls. • Prepare a site plan, plan view, and cross section of the proposed injection well and well head. Alternatives evaluation is not included. • Prepare an evaluation of suitable casing materials for the effluent water quality and the injection zone. • Prepare a conceptual opinion of probable cost for the project. • Prepare a draft technical memorandum (TM) to include internal Tt QA/QC. • Address QA/QC comments and submit draft TM to the City. • Conduct a virtual meeting with the City to receive comments. • Address City comments and submit final TM. III. COMPENSATION The total lump sum compensation for the Scope of Services described above is$57,500. Attachment A presents a detailed breakdown of the estimated hours and compensation for the Scope of Services. Task Total Task 1—Project Management $5,896 Task 2—Conceptual Study $51,604 Total Lump Sum $57,500 IV. SCHEDULE Cumulative Calendar Duration in Days After Notice to Task Calendar Days Proceed Task 1—Project Management 60 -- Data Collection 45 45 Task 2—Conceptual Study 75 120 RRS/ab/Deep Injection Well/Scope.docx [Tt] TETRA TECH Tt # 200BP City of Cape Canaveral -2- 04/21/21 Price Proposal Labor Plan Attachment A 10 Resource Deep Injection Well Conceptual Study Pricing by Resource Contract Type: Lump Sum Total Task Pricing Labor Hrs Labor ODCs Totals Project Phases/Tasks 402 4 47 39 80 36 39 58 12 46 41 57,170 330 57,500 Task 1-Project Management 38 - 18 - - - - - - - 20 5,896 - 5,896 Project Coordination 24 12 12 3,798 3,798 Scheduling&coordination 14 6 8 2,098 2,098 Task 2-Deep Injection Well Conceptual Study 364 4 29 39 80 36 39 58 12 46 21 51,274 330 51,604 Kick-off meeting&similar facilities site visit 28 8 8 8 4 4,977 165 5,142 Prepare a data request and followup 6 1 1 1 2 1 923 923 Develop capacity needs 14 1 2 8 1 2 1,896 1,896 Review regulatory requirements and target zone 8 1 1 2 4 1,047 1,047 Preliminary Design/Research nearby wells&hydrogeology43 1 4 14 20 4 5,183 5,183 Prepare a conceptual reuse transfer mag.flow meter design14 1 2 4 1 6 1,991 1,991 Review setback requirements 10 1 1 2 4 2 1,292 1,292 Perform conceptual design calculations 49 4 10 24 1 2 4 4 7,156 7,156 Prepare a site plan 17 1 2 6 8 2,266 2,266 Prepare a proposed well profile 14 1 1 2 2 2 4 2 1,884 1,884 Prepare a cost estimate 23 1 2 6 2 2 4 1 4 1 3,087 3,087 Prepare draft TM and perform QA/QC 83 3 2 8 20 8 10 12 4 8 8 11,643 11,643 Address QA/QC comments and submit TM 29 1 1 2 6 2 2 4 1 8 2 3,989 3,989 Review meeting 10 4 4 2 1,771 165 1,936 Adress comments and submit final TM 16 1 1 4 1 1 2 1 4 1 2,169 2,169 Totals 402 4 47 39 80 36 39 58 12 46 41 57,170 330 57,500 Tetra Tech Page 1 of 1 Printed 4/21/2021 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Award Bid for rehabilitation of Lift Station No. 8 to L7 Construction, Inc., in the amount of $286,170 and authorize City Manager to execute Construction Agreement for same. Department: Capital Projects Summary: Staff invited qualified licensed contractors, in accordance with the City's Purchasing Policy and Florida Statutes, to submit a bid for rehabilitation of Lift Station No. 8 located on Thurm Boulevard. L7 Construction, Inc. (L7) of Longwood, Florida submitted the lowest bid ($286,170). Project Description: Lift Station No. 8 is located along Thurm Boulevard at the eastern intersection with Manatee Bay Drive. Sewage from a majority of the City flows to this lift station, which has reached the end of its useful life due to corrosion from the salt air environment and wastewater gases. The lift station has also been subject to increased maintenance and operational issues including problems with the pumps seating with the discharge piping. This project involves the complete removal and replacement of the lift station with the exception of the wet well. The existing wet well has sufficient capacity and does not need to be replaced however; it will (1) have all interior components replaced and (2) be spray -coated to eliminate groundwater infiltration. A new lift station at this location will have an estimated useful life of at least 25 years less potential pump and electrical equipment renewal and replacement. The improvements will reduce required maintenance, and reduce the likelihood of potential failure and overflow. Completion of this project, along with the recent replacement of Force Main No. 7 and Lift Station No. 3, is part of the City's Capital Improvement Plan to replace aging sanitary sewer infrastructure. The replacement of Lift Station No. 8 is the sixth of eight, infrastructure improvement projects constructed under the City's latest State Revolving Fund (SRF) loan. Projects that remain include the rehab of Lift Station No. 5 in Treasure Island and construction of protective structures around outdoor pumps at the Water Reclamation Facility. Firm Selection Process: Staff advertised the bid on May 18, 2021 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City web page and (3) bid information on Demandstar (Internet bid service). A "Bid Submittal" notation was included, which stated a contract would be awarded pursuant to the requirements of applicable State and Federal laws and regulations. A non - mandatory pre -bid meeting was held for the project on June 1, 2021; potential bidders were encouraged to visit the project construction area. Five contractors submitted sealed bids for the project, which were opened in City Hall Conference Room A on June 24, 2021 (Attachment #1). Upon review of the submitted bids, Staff and the City's consulting engineer recommend award of the bid to L7 with a bid amount of $286,170. A copy of the consultant's approval letter is included as Attachment #2; a proposed Construction Agreement with L7 is included as Attachment #3. Submitting Department Director: Attachments: #1 — March 4, 2020 Bid Opening Minutes #2 — Consultant's Approval Letter #3 - Construction Agreement Jeff Ratliff Date: 07/08/21 City of Cape Canaveral City Council Meeting • July 20, 2021 Agenda Item # 6 Page 2 of 2 Financial Impact: $286,170 for rehabilitation of Lift Station No. 8 awarded to L7 Construction, Inc., funded by a State Revolving Fund loan. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/08/21 The City Manager recommends the City Council take the following actions: Award Bid for rehabilitation of Lift Station No. 8 to L7 Construction, Inc., in the amount of $286,170 and authorize City Manager to execute Construction Agreement for same. Approved by City Manager: Todd Morley Date: 07/08/21 Attachment 1 CITY OF CAPE CANAVERAL Request for Bids LIFT STATION NO. 8 REHABILITATION BID #2021-02 City of Cape Canaveral City Hall First Floor Conference Room 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Thursday June 24, 2021 2:05 P.M. CALL TO ORDER: Capital Projects Director Jeff Ratliff called the Meeting to order at 2:05 P.M. Others present: Daniel LeFever, Deputy City Clerk Jeremy Becker— Carr & Collier, Inc. Kimberly A. Tegreeny— L7 Construction, Inc. Mr. Ratliff proceeded to open the bids received and announced the results: BID #2021-02 - LIFT STATION NO. 8 REHABILITATION: Firm Location Bid Amount L7 Construction, Inc. Longwood, FL $286,170.00 Carr & Collier, Inc. Leesburg, FL $343,700.00 Danus Utilities, Inc. Sanford, FL $315,000.00 Randall Environmental, Inc./Intercounty Engineering, Inc. Pampano Beach, FL $432,342.00 Hinterland Group Inc. Cocoa, FL $424,000.00 Mr. Ratliff thanked those in attendance and adjourned the meeting at 2:10 P.M. Daniel LeFever, Deputy City Clerk Attachment 2 TETRATECH July 2, 2021 Mr.Jeff Ratliff Capital Projects Director City of Cape Canaveral 601 Thurm Boulevard, Cape Canaveral, FL 32920 Subject: City of Cape Canaveral Lift Station No.8 Rehabilitation,Bid No.2021-02 Recommendation of Award Tt# 200-52528-21001 Dear Mr.Ratliff, This letter provides our recommendation of award for the City of Cape Canaveral's Lift Station No. 8 Rehabilitation project. On June 24, 2021, five (5) contractors submitted bids for the above referenced project. The City prepared bid tabulation is attached hereto.Tetra Tech has verified the sum of individual bid items add up to the reported totals for all five bids.The total bid prices are summarized below: Contractor Total Bid L7 Construction,Inc. $286,170 Danus Utilities,Inc. $315,000 Carr & Collier,Inc. $334,700 Florida Design Contractors, Inc. $424,000 Intercounty Engineering, Inc. $432,342 L7 Construction Inc. submitted the apparent low bid in the amount of $286,170,acknowledged receipt of the two (2) Addenda issued and provided all documentation required within the City's Required Bid Packet. L7 Construction Inc. submitted five (5)project references for consideration, and Tetra Tech was able to contact three(3)references from the list provided. Based upon review and discussions with the references from the respective projects, L7 Construction Inc. has completed all projects successfully. Overall, the feedback is positive. L7 Construction Inc. received high marks in communication, professionalism, coordination, quality, accountability, and schedule. The consensus is that the projects performed by L7 Construction Inc. were completed to the satisfaction of the utility Owners. Based on the reference checks and successful completion of the City's required bid package, our recommendation is that the project be awarded to L7 Construction Inc.in the amount of $286,170.00. If you have any questions or comments,please do not hesitate to call. Very truly yours, Tetra Tech Rasesh R. Shah,P.E. Project Manager cc: James Moore,City of Cape Canaveral, Tyler D.Achotegui,P.E.,Tetra Tech, Tetra Tech, Inc. 201 E.Pine Street,Suite 1000,Orlando, FL 32801 Tel 407.839.3955 Fax 407.839.3790 www.tetratech.com Attachment 3 City of Cape Canaveral Lift Station No. 8 Rehabilitation CONSTRUCTION AGREEMENT This Agreement made this day of , 2021 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and L7 Construction, Inc. (L7), a State Certified General Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents, for the rehabilitation of Lift Station No. 8 as set forth in the Scope of Services, attached hereto as Exhibit "A", and fully incorporated by this reference ("Work"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; Engineering Plans and Drawings prepared by Tetra Tech, dated May 2021, Bid #2021-02; Documents issued by the CITY; CONTRACTOR'S Bid Submittal; General Conditions by the CITY; Supplemental Terms and Conditions by the CITY and Florida Department of Environmental Protection (FDEP); and all Change Orders approved by the CITY after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement Exhibits and Addenda; CONTRACTOR'S Bid Submittal; b. Change Orders; c. Supplemental Terms and Conditions (CITY and FDEP); d. General Terms and Conditions; or e. Engineering Plans and Drawings. Any inconsistency in the work description shall be clarified by the CITY and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities or discrepancies be found in the Agreement or specifications, the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance with the decision of the CITY. When the material, article or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article or equipment being provided CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station No. 8 Rehabilitation without additional cost to the CITY. A substitute material, article or equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use of the substitute for a specified brand name and allow the CITY to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME - The CONTRACTOR shall begin work within thirty (30) days after the issuance of a written Notice to Proceed and shall complete the Work (substantial completion) within calendar days. The CONTRACTOR shall complete the Work (final completion) within calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by CITY, and may only be granted in writing. 6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one hundred dollars ($100.00) per day for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that CITY has paid to CONTRACTOR the consideration of ten ($10.00) dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of two hundred eighty six thousand, one hundred seventy dollars and no cents ($286,170.00). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION: DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the CITY specifying the default complained of unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore; or CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station No. 8 Rehabilitation b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the CITY; or e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy CITY may have under this Agreement. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have the right to exercise any other remedy the CITY may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR'S labor force); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project Manager, by CONTRACTOR as the work progresses and in accordance with the Contract Documents. CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station No. 8 Rehabilitation Progress payments may be withheld if: a. Work is found defective and not remedied; b. CONTRACTOR does not make prompt and proper payments to subcontractors; c. CONTRACTOR does not make prompt and proper payments for labor, materials, or equipment furnished him; d. Another Contractor is damaged by an act for which CONTRACTOR is responsible; e. Claims or liens are filed on the job; or f. In the opinion of the City of Cape Canaveral, CONTRACTOR'S work is not progressing satisfactorily. 12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the project, CITY shall reduce to 5% the amount of the retainage withheld from each subsequent progress payment made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in part, and the project is subject to laws and regulations contrary to the Act. The term "50% completion of the project" shall mean the point at which the CITY has expended 50% of the total cost of the construction services purchased under this Agreement together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in this Agreement. After 50% completion, the CONTRACTOR may present to the CITY a payment request for up to one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The remaining retainage amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such claims. By making payments, CITY does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station No. 8 Rehabilitation c. Outstanding claims of liens; or d. Failure of CONTRACTOR to comply with any special guarantees required by the Contract Documents. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the CITY are as follows: a. General Administration of Contract. The primary function of the CITY is to provide the general administration of the contract. In performance of these duties, Jeff Ratliff or his authorized representative is the CITY's Project Manager during the entire period of construction. The CITY may change the Project Manager during the term of this contract. b. Inspections. Opinions, and Progress Reports. The CITY shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The CITY will not be responsible for the means of construction, or for the sequences, methods and procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous onsite inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive CITY's claim regarding defective work by CONTRACTOR. d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between CONTRACTOR and CITY. e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and CITY's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 14. PROGRESS MEETING — CITY's Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the CITY, during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the CITY's Project Manager. CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station No. 8 Rehabilitation 15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by CITY. 16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the CITY. a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY. 17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station No. 8 Rehabilitation 18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE - Nothing herein shall be deemed to create ajoint venture or principal - agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its officers, agents, officials, representatives, employees, and/or attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain, incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or employees in the execution, performance or non- performance or failure to adequately perform CONTRACTOR's obligations pursuant to this Agreement. The indemnification provided above shall obligate the indemnifying party to defend at its own expense or to provide for such defense, at the sole option of the CITY, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, officials, representatives, employees, and/or attorneys which may result from the services under this Agreement whether the services be performed by the indemnifying party or anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive termination of this Agreement. 21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the CITY the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station No. 8 Rehabilitation b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the CITY prior to the execution of this Agreement. 23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form approved by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the Contract Documents. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work is performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the CITY pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30-day CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station No. 8 Rehabilitation advance written notification to the CITY in the event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding workers' compensation and professional liability policies. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in this paragraph section 24. 25. MEDIATION/VENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Brevard County, Florida. 26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non -prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on page 9 of this Agreement. 29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the CITY. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 30. DOCUMENTS - Public Records: Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, CONTRACTOR agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics or means of transmission, of CONTRACTOR related, directly or indirectly, to the services provided to the CITY under this Agreement and CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station No. 8 Rehabilitation made or received pursuant to law or ordinance or in connection with the transaction of official business by the CITY, may be deemed to be a public record, whether in the possession or control of CITY or the CONTRACTOR. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics or means of transmission of CONTRACTOR are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-1220, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. CONTRACTOR is required to and agrees to comply with public records laws. CONTRACTOR shall keep and maintain all public records required by CITY to perform the services as agreed to herein. CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, CONTRACTOR shall transfer to CITY, at no cost, all public records in possession of the CONTRACTOR, provided the transfer is requested in writing by the City Clerk. Upon such transfer, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that the public records be transferred, the CONTRACTOR shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from the City Clerk, in a format that is compatible with the information technology systems of CITY. Should the CITY not possess public records relating to this Agreement which are requested to be inspected or copied by the CITY or any other person, the CITY shall immediately notify CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the CITY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with a public records request, the CITY may enforce this Section to the extent permitted by law. CONTRACTOR acknowledges that if the CONTRACTOR does not provide the public records to the CITY within a reasonable time, the CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to compel production of public records relating to this Agreement, the court may assess and award against CONTRACTOR the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the CONTRACTOR, be open and freely exhibited to the CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station No. 8 Rehabilitation CITY for the purpose of examination, audit or otherwise. Failure by CONTRACTOR to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the CITY, for enforcing this Section against CONTRACTOR. And, if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under Section 768.28, or other limitations imposed on the CITY's potential liability under state or federal law. As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station No. 8 Rehabilitation 35. DRAFTING - CITY and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): For City: For Contractor: City of Cape Canaveral Todd Morley, City Manager 100 Polk Avenue Cape Canaveral, FL 32920 Phone: 321-868-1220 Phone: Fax: 321-868-1248 Fax: Either party may change the notice address by providing the other party written notice of the change. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONTRACTOR: WITNESSES: By: Print Name: Print Name: Title: Print Name: CONSTRUCTION AGREEMENT City of Cape Canaveral Lift Station No. 8 Rehabilitation Attest: By: Mia Goforth, City Clerk CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. By: Todd Morley, City Manager Date CONSTRUCTION AGREEMENT CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Join the Florida Race to Zero Initiative to better promote the City of Cape Canaveral's Sustainability and Resilience Efforts. Department: Community and Economic Development Summary: Florida Race to Zero is a recently launched partnership among Florida's local municipal governments that aims to actively promote and integrate various sustainability and resilience -based initiatives being undertaken across the state to address shared challenges to our communities and our future. Launched as a collaborative effort in April 2021 by the Cities of Orlando, St. Petersburg, Tampa and Miami, the mission of Florida Race to Zero is to amplify the ongoing work being done by local governments of all sizes to reduce harmful air pollutants and greenhouse gas emissions - and to bring new understanding, awareness and support to residents and businesses. Due to its continuing commitment to reducing emissions and forward —thinking resilience planning, as well as the recent adoption of its 2021 Resiliency Action Plan, the City of Cape Canaveral has been asked to join this prestigious group, which is seeking further municipal partners. There is no cost to be a part of this coalition. Florida Race to Zero offers free press as well, serving as a media platform to highlight each partner city's projects and initiatives, and contacting local newspapers to share the stories of cities in any given area of the state. Current cities who have formally joined the Florida Race to Zero initiative include: • City of Orlando • City of St. Petersburg • City of Tampa • City of Miami • City of Boynton Beach • City of Hallandale Beach Joining the Florida Race to Zero initiative aligns with the City of Cape Canaveral's sustainability and resilience -based goals, and its intention to lead by example. It will also allow City Staff and Elected Officials to more efficiently network with fellow municipalities in the interest of knowledge sharing and regional action. Submitting Department Director: David Dickey Date: 07/12/21 Attachment: Florida Race to Zero Informational Flier Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/12/21 The City Manager recommends the City Council take the following action: Join the Florida Race to Zero Initiative to better promote the City of Cape Canaveral's Sustainability and Resilience Efforts. Approved by City Manager: Todd Morley. Date: 07/12/21 What is Florida Race To Zero: The Florida Race to Zero is a friendly competetition between Florida's mayors designed to showcase how their cities are leading the way to climate neutrality for the Sunshine State. RACE To Zero RACE TO ZERO All Posts Tampa Orlando Miami St. Petersburg Apr 22 Home Mayors Progress Teammates News Contact Florida Race to Zero Launches at Florida Climate Week Miami region, Orlando, Tampa and St. Petersburg Launch New "Big Tent" Climate Initiative RACE TO ZERO Jupiter, Fla. — Four major Florida cities are joining forces on a new initiative — The Florida Race to Zero. The race is a friendly competition between the four cities to achieve zero carbon emissions by 2050 (a critical deadline to mitigate the worst impacts of climate change). The new coalition was launched as part of a Florida Climate Week event. The cities were represented at the event by their sustainability / resilience officers: Chris Castro from the City of Orlando, Whit Remer from the City of Tampa, John Klopp from the City of Miami and Sharon Wright from the City of St. Petersburg. Nic Glover of the Tampa Bay Chamber of Commerce moderated the virtual event. In Glover's words, "We're here today to talk about how the combined power of Florida's mayors and cities can move public opinion on the all-important issue of climate change and carbon neutrality. The unique credibility of mayors and their commitment in this space helps to make the business case for fighting climate change and helps to bring more partners to the table and more partners along from the corporate and economic universe." Orlando Sustainability & Resilience Director Chris Castro explained the origin of the effort: "Back in the fall of 2020, Mayor Dyer here in Orlando, along with Mayor Suarez in Miami and Mayor Castor in Tampa teamed up to co -write an op-ed entitled - Florida Cities Can't Fight Climate Change Alone - the essence of this article was really calling out for more collaborative action - to combat climate change at all levels of government and across the private sector and really trying to get Floridians themselves on board with this movement." Castro further explained, "This Race to Zero campaign is a big deal. It's an evolution of the climate commitments that cities all around the world have been making, and ultimately, it's trying to get us to a zero -carbon economy by 2050. And, to align with science -based targets, trying to get 50% reduction in 2030 and 75% reduction in 2040." "I think were all here to help create an organization that takes these mayors doing work that's kind of siloed in our communities... and then connects it all together and amplifies it with the goal of bringing new partners to the table and really moving the needle on statewide public opinion so we can all get behind these critical, important issues of climate and climate neutrality," added Tampa Sustainability & Resilience Officer Whit Remer. Glover stressed the need to involve the business community: "On this topic, people need to see every day how this is creating jobs and impacting them in a positive way. We need to leverage those opportunities," echoed St. Petersburg Director of Sustainability & Resiliency Sharon Wright. The Florida Race to Zero will recruit other municipalities and stakeholders to join the race. ### *The Florida Race To Zero launch event at Florida Climate Week can be viewed via this link Media Contact / Questions: Carson Chandler, Align Public Strategies Recent Postscarson.chandler@alignpublicstrategies.com (561) 315-6409 See All RACE TO ZERO All Posts Tampa Orlando Miami St. Petersburg May 13 Home Mayors Progress Teammates News Contact Column: In Tampa, St. Pete And Orlando, The Florida `Race To Zero' Has Started By Sharon Wright, Whit Remer and Chris Castro, Tampa Bay Times, May 11, 2021 Our three cities are setting aggressive net -zero and carbon -neutrality goals. This year's Florida Climate Week brought together leaders in climate solutions from across the state, throughout the country and around the world. As sustainability directors for three of Florida's largest cities — St. Petersburg, Tampa and Orlando —we were proud to join in the discussion about the impact our changing climate on the Sunshine State and what we can all do to leave behind a cleaner, more sustainable planet for future generations of Floridians. As part of our panel discussion, we also formally announced a new, statewide coalition that aims to harness the power of collaboration between the mayors of Florida cities to build momentum for climate change initiatives. The Florida Race to Zero, a statewide campaign that aligns with the global Race to Zero initiative, will challenge our three cities — and any other Florida city that wants to participate — to set and reach aggressive net -zero and carbon - neutrality goals and "race" towards those goals in the spirit of friendly competition. This collaborative effort is just another way that Florida cities are leading on the issue of climate change. Florida feels the impact of climate change more so than perhaps any other state, as rising sea waters, larger and more intense hurricanes, and higher temperatures take their toll on our communities and marine ecosystems. So, it's our aim to collaborate with one another, borrow from one another, compete with one another and work toward this common goal in ways that work best in each of our communities to reduce carbon emissions The efforts Florida cities are making to accelerate sustainability, resiliency and climate action will play a critical role in lessening the impact of climate change on our communities. However, importantly, Florida cities should not have to bear the burden of tackling climate change alone. Government officials at all levels — local, state and federal — as well as the private sector must join in the effort to address climate change through innovative, forward - thinking solutions. The state of Florida took a number of important steps this year to fund mitigation efforts. But, we need to continue to address the root causes of carbon emissions. As Congress and the Biden administration work to address the issues facing Americans, we hope that Florida's congressional delegation in particular, from Sens. Marco Rubio and Rick Scott to our 27 House members, can help lead the way to advance common sense climate solutions that will help us mitigate and adapt to this crisis in holistic, comprehensive way. Only by working together, across party lines and though public -private engagement, can we truly begin to solve an issue of this magnitude. Chris Castro is director of Sustainability & Resilience at the city of Orlando, Whit Remer is Chief Sustainability and Resiliency Officer at the C/ty of Tampa and Sharon Wright is director of Office of Sustainability & Resiliency at the City of St. Petersburg. Tampa • Orlando • St Petersburg ©2021 by Florida Race To Zero CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Ordinance No. 29-2021 (Attachment 1) amending section 46-26 of the City Code, transferring the duties of the City of Cape Canaveral Library Board to City Council of the City of Cape Canaveral; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. Department: Cultural + Community Affairs Summary: Created 55 years ago by a majority vote of Cape Canaveral residents, the Cape Canaveral Public Library has benefited the community in many ways. Through excellent stewardship, the library has maintained purposeful civic relevance and the ties between the library and the community it serves has only grown stronger over those years. However, both the City and the library have seen many organizational and administrative changes through those years. This, along with the City's ever-present desire to improve operational efficiencies, prompted Staff to reexamine the efficacy of the administrative processes that guide the City's relationship with the Brevard County Public Library System. In the course of this review, Staff identified numerous inefficiencies with room for improvement. The timeline below presents a historical overview of the Cape Canaveral Library Board: 1) The City of Cape Canaveral established a free public Library 1966. The original facility was located at 110 Polk Avenue. At that time, Chapter 167 Florida Statutes required citizen - based Library Boards to serve Public Libraries. The approval of City Ordinance No. 11-66 then created the City of Cape Canaveral Library Board. 2) In 1988, the City constructed a new Cape Canaveral Library facility at 201 Polk Avenue. At this time, the City of Cape Canaveral relinquished operation of the Cape Canaveral Public Library to Brevard County. The Brevard County Library Board now served the facility. As a result, the City of Cape Canaveral Library Board established by Ordinance No. 11-66 became functionally obsolete. However, under the Agreement with Brevard County (Agreement) (Attachment 2), the City was required to establish and maintain a body of local residents to serve as an Advisory Board. The purpose of the Cape Canaveral Advisory Board was to represent the interests of its citizens and provide development/improvement ideas and recommendations regarding local library services, for consideration by Library Staff and the Brevard County Public Library Board at publically noticed meetings. Any Ad -Hoc Advisory Board is subject to Florida Sunshine Law compliance. 3) The Cape Canaveral Public Library is the only facility in the BPLS that operates under a partnership agreement with a municipality. 4) In 2012, the statute requiring a local Library Board was repealed (F.S. 166.042) by the State Legislature, citing the "intent to recognize residual constitutional home rule powers in municipal government." This resulted in no statutory requirement for a local Library Board. Notwithstanding, Brevard County maintained a functional Library Board and the City of Cape Canaveral continued to maintain the local advisory Board as required by the County Agreement. Operational inefficiencies: 1) The last five years of Library Board meeting records (Attachment 3) indicate, that in the course of the 15 meetings the only formal actions (motions) made by the Board were: City of Cape Canaveral City Council Meeting • July 20, 2021 Agenda Item # 8 Page 2 of 3 A. the approval of prior meeting minutes (14 occurrences), B. the appointment of board officers (five occurrences), C. the removal of an obsolete officer position (one occurrence, the Secretary position was removed in 2020), and; D. the recommendation for City Council to appoint new members (two occurrences). 2) The Cape Canaveral Public Library, not unlike others in the Brevard County Public Library System, relies heavily on the support of its 501(c) (3) non-profit "Friends of the Library" FOL organization, whose volunteers are an integral part of the library's daily operations. Understandably, for a community this size, the pool of available and interested volunteers is limited. 3) Not surprisingly, it is from that same limited pool of volunteers that the City finds residents willing to serve on the City's County -required Advisory Board. A discussion at the Board's last meeting made Staff aware that all of the current Advisory Board Members (Attachment 4) are active volunteers at the library and all of them have indicated they are members of the FOL organization. As a private non-profit organization, FOL is not subject to the same transparency requirements as a public entity, i.e. no requirement to hold publically advertised meetings. 4) Because these volunteers interact with one another at the library on a daily basis, provide regular input on library services and are frequently engaged in fundraising actives to support the facility, it has become challenging to utilize said volunteers as City Library Advisory Board members because of Florida Sunshine Law implications. Essentially, those wishing to volunteer as part of the Friends of the Library should not serve on the Library Advisory Board and vice versa, as it limits the allowable capacity of their service to either entity. The Brevard County Library Services Director previously advised City staff of the County's desire to maintain the local library board required under the Agreement. As Staff from the City and the Brevard Public Library System collectively recognize the overwhelming value in retaining an Advisory Board, both entities propose that the City Council assume the duties of the Library Advisory Board citing the following rationale: 1) Within its current scope of responsibility, City Council already receives annual reports and responds to funding requests from other contracted community partners during the annual Budget Workshops and the Budget Hearings that follow, i.e. Canaveral Fire Rescue (CFR) and Brevard County Sheriff's Office (BCSO). 2) It will reduce City and County operational costs associated with orchestrating independent quarterly meetings by condensing that effort into a single report by the Library Director during one of the City's Budget Workshop meetings. This will streamline the City's administrative relationship with the Library, similar to how the Council works with CFR and BCSO. 3) Brevard County has agreed to the concept that the Cape Canaveral City Council could assume the duties and responsibilities of the contractually required Advisory Board entity. As such, this course of action will: A) maintain compliance with the current terms and conditions of the County Agreement, B) ensure citizens have a voice at publically noticed meetings, and; C) not violate Florida Sunshine Law. City of Cape Canaveral City Council Meeting • July 20, 2021 Agenda Item # 8 Page 3 of 3 4) It will expand volunteer opportunities for residents and Library by eliminating the Sunshine Law implications, ensuring serve freely in the fullest capacity they are able. Both the Library's Director and the president of the FOL are in support 5 and 6). The City Attorney has verified that the City Council need not convene Advisory Board. When hearing Public Comment presented to the the City Council will be acting as the Advisory Board, concurrent with during any Regular City Council meeting. Submitting Department Director: Molly A. Thomas Date: 07/08/21 Attachments: 1) Ordinance No. 29-2021 2) Library Agreements 3) Historical data relating to Library Board meetings and membership interest to 2016 4) Current Library Board Roster 5) Letter of Support from Cape Canaveral Public Library Leadership 6) Letter of Support from Friends of the Library Financial Impact: Cost of advertisement and codification; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/08/21 The City Manager recommends the City Council take the following action(s): Approve Ordinance No. 29-2021 at first reading. Approved by City Manager: Todd Morley Date: 07/08/21 Attachment 1 1 ORDINANCE NO. 29-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA; AMENDING CHAPTER 46 LIBRARY OF THE 5 CITY CODE RELATED TO THE LIBRARY BOARD; PROVIDING FOR THE 6 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 7 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY 8 AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City is granted authority, under Section 2(b), Article VIII, of the State 11 Constitution, to exercise any power for municipal purposes; and 12 13 WHEREAS, the City Council initially established the City's Library Board in 1966 (Ordinance 14 11-66) when the City initially created the Cape Canaveral Library to operate and maintain its own 15 free public library; and 16 17 WHEREAS, the City Council later adopted Ordinance 9-73 and reaffirmed the creation of 18 the Cape Canaveral Library and Library Board under the provisions of former repealed Chapter 19 167, Florida Statutes, so the library and Library Board could perform the statutory functions 20 enumerated in Chapter 167, Florida Statutes; and 21 22 WHEREAS, in 1988, the City of Cape Canaveral relinquished its operation of the Cape 23 Canaveral Library to Brevard County who operates a county -wide library system, and the transfer 24 of responsibilities was set forth in that certain Agreement by and between the City and Brevard 25 County, dated March 1, 1988 ("Agreement"); and 26 27 WHEREAS, Brevard County currently maintains and operates the Cape Canaveral Library 28 as part of the county -wide library system; and 29 30 WHEREAS, under the Agreement, the City is required to maintain a local library board for 31 purposes of representing the interests of the public, to provide for development and improvement 32 of local library services, and to serve as an information resource in planning local library service 33 programs for discussion and review by the Brevard County Public Library Board. This local board 34 shall be implemented to facilitate the transmission of information from the local community 35 pertaining to the needs of the Cape Canaveral Library to the Brevard County Library Board and 36 the Library Services Director; and 37 38 WHEREAS, as a result of the Agreement and transfer of library operations to Brevard 39 County, most of the provisions contained in Chapter 46 of the City Code are obsolete and 40 outdated and should be repealed because they no longer serve any legitimate function, and 41 further Chapter 46 should be updated to expressly recognize the Agreement and the current 42 required function of the library board; and 43 City of Cape Canaveral Ordinance No. 29-2021 Page 1 of 5 1 WHEREAS, due to the fact that citizen volunteers interact at the library on a daily basis 2 regarding issues pertaining to the library, and there are a limited number of citizens not already 3 volunteering at the library who are interested in serving on the City's library board, it has 4 become impractical to utilize said volunteers as the library board because of Sunshine Law 5 concerns; and 6 7 WHEREAS, the Brevard County Library Services Director previously advised City staff of 8 the County's desire to maintain the local library board required under the Agreement; and 9 10 WHEREAS, in order to continue complying with the terms and conditions of 11 the Agreement, the City Council desires to serve in the role of the local library board while 12 ensuring that citizens have the ability to continue to publicly present any input and advice 13 regarding the library services being provided at the Cape Canaveral Library; and 14 15 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds 16 this Ordinance to be in the best interests of the public health, safety and welfare of the 17 citizens of Cape Canaveral. 18 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: 20 21 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein 22 by this reference as legislative findings and the intent and purpose of the City Council of the 23 City of Cape Canaveral. 24 25 Section 2. Amending Chapter 46 of the City Code. The City of Cape 26 Canaveral Codc of Ordinances, Chapter 46, is hereby amended as set forth below (underlined 27 type indicates additions and strikeout type indicates deletions, while *** indicate deletions from 28 this Ordinance of said applicable Division that shall remain unchanged in the City Code): 29 30 CHAPTER 46 — LIBRARY 31 32 ARTICLE I. — IN GENERAL 33 34 Sec. 46-1. - Established. 35 36 There is established in the city a public library for the use and enjoyment of the citizens 37 and residents of the city and the adjoining environs, including the county, which shall be known 38 as the Cape Canaveral Public Library. 39 40 Secs. 46-2-46-25. - Reserved. 41 42 ARTICLE II. - LIBRARY BOARD City of Cape Canaveral Ordinance No. 29-2021 Page 2 of 5 1 2 Sec. 46-26. - Created. 3 4 (a) There is created a library board to consist of seven members. The city council shall 5 perform the function and responsibilities of the local library board. 6 7 (b) The purpose of the library board is to serve as the local advisory board under that 8 certain agreement entered into by and between the City of Cape Canaveral and Brevard County, 9 dated March 1, 1988, as may be amended, under which the County agreed to provide library 10 services at the Cape Canaveral Public Library. Pursuant to the Agreement, the library board will 11 represent the interests of the public, to provide for development and improvement of local library 12 services, and to serve as an information source in planning local library service programs for 13 discussion and review by the Brevard County Public Library Board. The library board will facilitate 14 the transmission of information from the local Cape Canaveral community pertaining to the needs 15 of the Cape Canaveral Library to the Brevard County Library Board and Library Services Director. 16 17 (c) The library board shall meet not less than once a year and seek input and advice 18 from interested citizens regarding the library at one or more public meetings. Such meeting(s) 19 may be included as an agenda item during a regular City Council meeting. Local citizen volunteers 20 at the library will be invited to attend such meeting and be provided an opportunity to offer verbal 21 or written input and advice. As deemed warranted or necessary by the library board, the library 22 board may transmit information and input and advice resulting from the meeting(s) to the Brevard 23 County Library Board and Library Services Director. 24 25 Sec. 46 27. Expenditures. 26 The library board shall have exclusive control of expenditures of all monies collected or 27 donated to the credit of the library fund. 28 29 Sec-46-30. -Meetings.. 30 The library board shall meet not less than twice a year, and more often if necessary to carry 31 into effect and operation its duties and powers. 32 33 Sec 46-31.-Liability of city limited. 34 The city shall not be liable in any way for any acts done or undertakings begun or duties 35 and liability made, assumed or created by the library board, unless it shall first obtain from the 36 city council its approval. 37 38 Sec 46-32. - Reports to council. 39 40 (a) The library board shall, on or before the second Monday in June in each year, make 41 a report to the city council of the condition of their trust on June 1 in such year, showing the 42 following:(1)AII moneys received or expended;(2)The number of books and periodicals on 43 hand;(3)Newspapers and current literature subscribed for or donated to the reading room City of Cape Canaveral Ordinance No. 29-2021 Page 3 of 5 1 department;(4)The number of books and periodicals ordered by purchase, gift or obtained during 2 the year and the number lost or missing;(5)The number of visitors attending;(6)The number of and 3 character of books loaned or issued; and(7)Such statistics, information and suggestions as they 4 may deem of general interest or as the city council may require. 5 6 (b) The report shall be verified by affidavit of the proper officers of the board. 7 8 Sec. 46-33.- Indebtedness. 9 10 The library board shall not incur any debts or enter into any contracts or obligations which 11 would be enforceable against the city, unless prior approval has been obtained from the city 12 council. 13 14 Secs. 46-27-46-33. - Reserved. 15 16 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 17 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 18 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 19 20 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 21 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 22 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 23 and like errors may be corrected and additions, alterations, and omissions, not affecting the 24 construction or meaning of this ordinance and the City Code may be freely made. 25 26 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 27 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 28 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 29 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 30 the validity of the remaining portions of this Ordinance. 31 32 Section 6. Effective Date. This Ordinance shall become effective immediately upon 33 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 34 Charter. 35 36 37 38 39 [Adoption page follows] 40 41 42 43 City of Cape Canaveral Ordinance No. 29-2021 Page 4 of 5 1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 2 of , 2021. 3 4 5 6 7 Bob Hoog, Mayor 8 9 ATTEST: For Against 10 11 Mike Brown 12 13 Mia Goforth, CMC Robert Hoog 14 City Clerk 15 Mickie Kellum 16 17 Wes Morrison 18 19 Angela Raymond 20 21 22 First Reading: July 20, 2021 23 Advertisement: 24 Second Reading: 25 26 27 28 Approved as to legal form and sufficiency 29 for the City of Cape Canaveral only by: 30 31 32 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 29-2021 Page 5 of 5 MICROFILMED JUNE 89 Attachment 2 RESOLUTION NO. 88-4 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PROVIDE LIBRARY SERVICES TO THE CITY OF CAPE CANAVERAL; PROVID- ING AN EFFECTIVE DATE. BE IT RESOLVED, BY THE City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Mayor and City Clerk are hereby authorized to execute an agreement with the Board of County Commissioners of Brevard County, Florida, for providing library services to the City of Cape Canaveral, Florida; a copy of said agreement is attached hereto and made a part hereof by reference. SECTION 2. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day of February, 1988. Mayor ATTEST: Cty Clerk Approved as to Form: City Attorney NAME YES NO HOOG X KIDD X LEE X MILLER X RANDELS X MICROFILMED JUNE 89 LEASE AGREEMENT THIS AGREEMENT, entered into this 1st day of March 1988, by and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, hereinafter referred to as "Board", and the CITY OF CAPE CANAVERAL, hereinafter referred to as "City". W ITNESSETH: WHEREAS, the Board intends to establish a Countywide free public library system; and WHEREAS, the City owns the facility within which the Cape Canaveral Public Library is located; and WHEREAS, the residents of the City and the County will benefit from the operations of such a library; and WHEREAS, the City wishes to relinquish its obligations to operate such a library, and WHEREAS, the Board wishes to undertake the operation of such a library, and WHEREAS, the parties wish to define their responsibilities relating to the library. NOW, THEREFORE, for and in consideration of the mutual promises of the parties and the covenants and conditions herein contained, it is mutually agreed between the parties as follows: 1. The City leases to the Board for $1.00 per year that building located at 7400 Poinsetta Avenue, Cape Canaveral, Florida 32920, on the parcel of City property described below: Section 23, Township 24 South, Range 37E, Avon -by -the -Sea, Block 47, Lots 1-2-3, 9-10-11 2. It is the intent of the parties that the Board shall have the primary control in accordance with this Agreement over all buildings, structures, facilities, library media and materials, furniture, equipment and other tangible property utilized for the operation and maintenance of the library. Policy for use of Meeting/Conference Rooms for said library shall be by mutual agreement between the Brevard County Library System and the City. -1- MICROFILMED JUNE 89 A list of all materials (including books and media), furniture, equipment and other tangible property given to the Board is appended hereto as Exhibit "A". The Board shall have control of these items for such time as this Agreement is in effect. If the Board determines such material shall be disposed of or not be utilized for this library's purposes, the Board shall return such items to the City. 3. It is hereby mutually agreed and understood that the Board shall have primary control over the operation and maintenance of the library including, but not limited to, the collection and disbursement of income attributable thereto, except for funds raised or earned by the City of Cape Canaveral, the City of Cape Canaveral Library Board and the Friends of the Library. These funds shall remain under the control of those organizations. The City Finance Director shall establish accounting procedures for control of these funds and accounts shall be audited each year by the City Auditor. Fines and fees collected by the library shall be held in a seperate account and such funds shall be utilized solely for the library. 4. The Board hereby agrees to provide all payment for electricity, light, heat, power, water, telephone and other utility services required for the operation and maintenance of the library. 5. Pursuant to its right to control the facility, the Board reserves the right to make renovations and additions and deletions to the said buildings, structures, facilities and equipment, including, but not limited to, the roof, plumbing, heating and cooling systems, and all other utility systems and in all respects to deal with the facility in its sole discretion. Any work which would enlarge or expand the Library building or alter the exterior or interior walls would require prior City approval. 6. The Board shall not be obligated to replace the library structure or any library media, materials, or furniture in the event of fire, theft or accidents which destroy library property. -2- MICROFILMED JUNE 89 However, the Board shall be responsible for any damage, personal injury or death resulting from the negligence of any of its employees for any casualty, theft or accident which destroys library property or causes death or personal injury not covered by the insurance of the City. Further, the Board agrees to indemnify and hold the City, their sureties, insurors, successors, assigns and legal representatives harmless from any liability, claim, cause of action, demand or damages for such casualty, theft, accident, death or personal injury of any kind or nature to any third party or such third party's property as a result of the acts, whether intentional or negligent, or omissions of any of the Board's employees, independent contractors or agents. Any promises to indemnify, however, are limited on the basis that the Board is self -insured as permitted under Florida Statutues and rely on Florida Statute 768.28 which limits the County's liability to $100,000 per person, $200,000 per occurrence. 7. The City agrees to provide a local Library Board to represent the interests of the public, to provide for development and improvement of local library services, and to serve as an information resource in planning local library service programs for discussion and review by the Brevard County Public Library Board. This local board shall be implemented to facilitate the transmission of information from the local community pertaining to the needs of the Cape Canaveral Library to the Brevard County Library Board and the Library Services Manager. 8. The City shall be responsible for maintenance of the parking areas, walkways and grounds adjacent to and surrounding the library at its own expense and for providing public liability insurance consistent with the limits of coverage applied to all other City owned property. Proof of liability insurance shall be provided at the time of the signing of the agreement, and a copy delivered to the Contracts Manager within ten (10) days of the signing. The Board shall be responsible for the maintenance of -3- MICROFILMED JUNE 89 the structures including the interior and exterior of the structures. The City shall be responsible for maintenance of outside lighting, sprinkler system, underground water and wastewater lines, landscaping and approaches to the Library building. 9. This Agreement shall be for so long as the facility is maintained as a Public Library open to the public by the Board, except that either party may terminate this Agreement, without cause, upon one hundred eighty (180) days written notice to the other party. If this Agreement is breached, the non -breaching party may terminate the Agreement upon providing twenty-four (24) hours written notice to the breaching party. However, said termination shall not affect the rights of the non -breaching party to pursue any remedies at law or equity that it may have. 10. This Agreement is not assignable. 11. No change, modification or waiver of any of the provisions or conditions of this Agreement shall be valid unless in writing, signed by a duly authorized representative for each party. Waiver or breach of this Agreement or failure to follow any provision of the Agreement shall not be deemed a waiver of any other or subsequent breach, and shall not be considered to be a modification of the terms of this Agreement. 12. This Agreement shall be governed by the Laws of Florida. In the event any portion of the contract is declared invalid, the remainder of the Agreement shall remain in force. 13. This Agreement represents the entire Agreement between the parties. 14. Notice under this Agreement may be given to the County by sending written notice to the Office of the County Administrator, 2235 North Courtenay Parkway, Merritt Island, FL 32953, and notice shall be given to the City by sending written notice to the City Manager, City of Cape Canaveral, P.O. Box 326, Cape Canaveral, FL 32920. -4- MICROFILMED JUNE 89 IN WITNESS WHEREOF, said parties have herein set their hands and seals the day and year first above written. ATTEST: City Clerk (Deputy) ATTEST: R. C. Winstead, Jr., STATE OF FLORIDA C.OUNTY OF BREVARD This to to certify that the foregoing true correct copy of lease agreement witness my hand and official seal this 18th day of March 1988 R. C. WINSTEAD. JR, Clerk Circuit Court By D.C. CITY OF CAPE CANAVERAL Mayor BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA By: Chairman Sue Schmitt -5- MICROFILMED JUNE 89 BREVARD COUNTY LIBRARY SYSTEM POLICY FOR USE OF MEETING/CONFERENCE ROOMS CAPE CANAVERAL PUBLIC LIBRARY 1. Library programs have priority over all other activ- ities, except for special City Council meetings as determined by the City of Cape Canaveral. Programs "co -sponsored" by the library are next in priority. "Co -sponsored" means that the library staff or "Friends" participates in planning and presenting programs of an educational and cultural nature. 2. Meeting rooms are available for use by organizations which assume responsibility for the conduct of the programs and the care of the facilities. The room may not be used for profit - making purposes. Direct sales shall not be allowed on library premises. 3. All meetings must be open to the public within safety limitations. The library reserves the right to deny use of the meeting rooms. Meeting rooms are not available for partisan political activities, religious groups, or groups which have unlaw- fully discriminatory membership requirements. 4. No admission charge or request for donations shall be for any functions other than those under library sponsorship. In the case of any educational classes, instructor and material costs may be recovered. 5. Accidents must be reported immediately to a member of the staff. 6. Meetings held during library hours must be over 15 minutes prior to closing time. In libraries where the meeting space can be closed off from the rest of the building, where it can be exited directly and equipment secured, meetings may run beyond closing time when detailed arrangements have been made and approved by the Library Director in advance of the meeting. 7. Light refreshments, such as cookies and cakes, may be served, but no cooking is allowed other than for hot beverages. The room must be left in the same condition and arrangement as prior to the use of the room. 8. SMOKING IS NOT PERMITTED. 9. No furniture or equipment may be brought into or removed from these rooms without prior written permission. The library is not responsible for equipment, supplies, exhibits, or other materials owned by a group and used in the library. The library does not provide storage space. 10. Organizations that consistently have less than 15 persons in attendance may be asked to relocate to another conference room. The meeting room may be reserved for groups of more than 15. 11. If the library meeting room is designated as a voting precinct, when an election is scheduled, it will pre-empt all scheduled meetings. Groups meeting on an election day will be informed of this in advance whenever possible. 12. The library retains the right to cancel a reservation for the meeting room with notice and for cause. If a program is cancelled, the library will make every effort to notify the group who had reserved the room. Groups holding reservations are requested to notify the Library Director of any cancellation. 13. Use of the meeting/conference rooms is a privilege. Any violation of these rules as determined by the Library Director will result in cancellation of the group's future meeting privi- MICROFILMED JUNE 89 lege as well as a financial assessment for damages incurred. The financial assessment for damages will be set by the Library Director. If the organization wishes to appeal the decision, they must contact the Library Services Manager. 14. Any application for use of the meeting room must be completed and submitted prior to use of the library facility. 15. Use of library meeting rooms does not imply library endorsement of the aims, policies, or activities of any group. Approved this 1st day of March , 1988. BREVARD COUNTY LIBRARY CITY OF CAPE CANAVERAL SYSTEM Mayor ATTEST: City Clerk EXHIBIT "A" MICROFILMED JUNE 89 0.51 . 14 --DRAWLR CARD EWE 61011 8 H 6.711 4,1 0._'-.._. 1 11 CARD FILL COLE , D;,:AWLR 8 H 10.13 1:446 1/14/71 04i, 1 12 CARD FILE COLL '..: DRAW,,R 8 H 10.15 r2:646 1/14/71 0-,../ 1 14 CARD FILE COLE 2-DHAWER 8 H 10.13 5.841. 1/14//1 0-58 1 12 CARD FILE COLE L DRAWER 3 H 10.1.; 5046 1/14/11 o42:- 1 12 CARD FILE STEELMASTER , DIOWER 8 H 10.00 7/ 1/14 1.1 1 1.2 CARD FILE STEELMAS1ER _-DRAWER 8 H 10.00 7/ 1'71 02,1 . 1 12 CARD FILE STEELMAEJEN 1/311.._ 2-DRAWER 8 H 11/10/6, 1 12 2:-DRAWER CARD FILE STEELMASTER , :5,.! 3 H 7.2:6. 2956 11/10/6. I 14 2-DRAWER f AM/ FILL STEELMASILR .2212 8 H t.6'1, -2', 11/10/6'1 0264 I 12 :-DRAWER CARD FILE STEELMASTER 3352 8 H (.65 3956 11/10/6', 9.:'45 i 14 4-DRAWER CARD FILE STELLMAStIR :325 8 H 7.65 3956 11/10/6, 1,260 1 la l'PEWRIICR STAND TIFFANY 64450 3 H -36.46 2362 9/ 6/61 1.:6, 1 12 ROUND WALNUI TABLE ST4812 8 H 6:=:.45 236::: 9/ 8/68 0:0, 1 12 ORANGE LOUNGE CHAIR 8 H 4.3.34 2364: 9/ 6/643 0,(-1 1 12 ORANGE LOUNGE CHAIR 8 H 4:,:.'1:4 22.62 9/ 6/68 02:7- 1 12 ORANGE LOUNGE CHAIR 8 H 48.34 4362 '1/ 6/614 0-72 1 12 ORANGE LOUNGE CHAIR 8 H 43.34 22:62 9/ 6/60 01.4 1 12 ORANGE LOUNGE CHAIR 8 H 42.2::4 2362 9/ 6/62:1 1 IL BOOK TRUCK ENCY.ERITI. RIF.0 TR W/ROLLERS 8 H L7.5.0 492:1 7/ 1/(0 021,, 1 12 BOOK MUD ENCY.ERITT. REE.CTR. W/ROLLERS 8 H 23.50 4,9f (/ I/7O 0.:7/ 1 12 BOOK TRUCI, W/0 WHEELS e H 25.00 (/ 1/74 u2:1:3 1 12 2-MAPLE CARD CATALOGS GAYLORD 800 3 H 619.50 1406 10/L7/6/ 02:-:0 1 12 BOOKCASE 4 L;HELVES 8 H 40.00 7/ 1/74 0:4137 1 12 SECRETARIAL CHAIR EIEC:UTIVE CHAIR 3 H 57.75 .2362 9/ 6/6.. 0.22 1 12 FOLDING TABLE FT1SMITH 8 H 41.67 660 4/17/67 0293 1 12 FOLDING TABLE FT SMITH 8 H 83.97 2-430 I0/11/61-1 O2715 1 12 SMALL PAPEREBACK RACK 8 H 25.00 7/ 1/74 0296 1 12 SMALL PAPERBACK RACK SILVER 8 H 25.00 7/ 1/74 0309 1 la 11-STRAIGHT CHAIRS 0:319 WOODEN 26150N 8 H 66.00 2470 10/11/68 03:0 1 12 FOLDING TABLE FT.SMITH 8 H 33. 7 2430 10/11/6:3 0371 1 12: BOOKSHELF 8 H 20.00 7/ 1/74 032:2 I 12 FOLDING TABLE FT. SMITH 8 H 33.97 2566 11/12/6:4 0324 1 12 JUVENILE CHAIR 8 H 8.63 4367 9/ 6/63 0315 1 12 JUVENILE CHAIR 8 H 8.63 2:862 9/ 6/61: 0.3a. 1 12 JUVENILE CHAIRS-4 0329 119-10 8 H 2.5.8 212.66 11/12/68 0330 1 11 WALNUT PODIUM 8 H '30.00 7/ 1/74 0322: 1 12: BOOLSHELF 3'DLL. 8 H 20.00 (/ 1/14 341, 1 12 CARD CA1AL94 GAYLORD 800 MAPLE 30-DRAWER 8 H 563.25 3/31/71 Page lot 2 EXHIBIT "A" MICROFILMED JUNE 89 Page 2 of 2 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT entered into this 15 day of September , 1998, by and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "Board" and the CITY OF CAPE CANAVERAL, hereinafter referred to as "City." WITNESSETH: WHEREAS, the parties have previously entered into an Agreement dated March 1, 1988, a copy of which is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the City owns the original 9000 square foot facility within which the Cape Canaveral Public Library is located; and WHEREAS, the Board has constructed in conjunction with the City, a 6000 square foot addition to the existing structure, for a total of 15000 square feet, hereinafter referred to as the "Library Building" which is owned in its entirety by the City, and WHEREAS, the parties hereto desire to set forth and define their respective duties and responsibilities relating to the Library Building. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereby agree as follows: SECTION 1. That Paragraph 1 of the Agreement is amended to read: The City leases to the Board for $1.00 per year the Library Building located at 201 Polk Avenue, Cape Canaveral, Florida 32920. SECTION 2. That Paragraph 2 of the Agreement is amended to delete the following language: A list of all materials (including books and media), fumiture, equipment and other tangible property given to the Board is appended hereto as Exhibit "A." And to read: The Board shall have control over all County -owned property for such time as this Agreement is in effect. SECTION 3. That Paragraph 3 of the Agreement is amended to read: It is hereby mutually agreed and understood that the Board shall have primary control over the operation and maintenance of the Library Building including, but not limited to, the collection and disbursement of income attributable thereto, except for funds raised or eamed by the City of Cape Canaveral and the Friends of the Library. These funds shall remain under the control of those organizations. The City Finance Director shall establish accounting procedures for control of these funds and accounts shall be audited each year by the City Auditor. Fines and fees collected by the library shall be held in a separate account and such funds shall be utilized solely for such purposes as requested by the Library Director, and as approved by the Board or its designee. C:\FROM G DRIVE\ADMIN\COUNCIL\MEETING 1998\06-16-98\CCAMEND.DOC - KBrb 5-6-98 1 SECTION 4. That Paragraph 6 of the Agreement is amended to read: The Board shall not be obligated to replace the library structure or any library media, materials, or furniture in the event of fire, theft or accidents which destroy library property. It being understood that the City shall maintain, at its sole expense, hazard, liability and extended insurance on the structure and its contents. However, the Board shall be responsible for any damage, personal injury or death resulting from the negligence of any of its employees for any casualty, theft or accident which destroys library property (structure and contents) or causes death or personal injury. SECTION 5. That Paragraph 7 of the Agreement is amended to read: The City agrees to provide a local Library Board to represent the interests of the public, to provide for development and improvement of local library services, and to serve as an information resource in planning local library service programs for discussion and review by the Brevard County Public Library Board. This local board shall be implemented to facilitate the transmission ot information from the local community pertaining to the needs of the Cape Canaveral Library to the Brevard County Library Board and the Library Services Director. SECTION 6. That Paragraph 14 of the Agreement is amended to read: Notice under this Agreement may be given to the County be sending written notice to the Office of the County Manager, 2725 Judge Fran Jamieson Way, Viera, FL 32940. SECTION 7. That all other terms and conditions of the Agreement dated March 1, 1988, which is incorporated herein by this reference, not inconsistent with the provisions of the Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first above written. ATTEST: Sandy Crawford, Clerk STATE OF FLORIDA COUNTY OF BREVARD This is to certify that the foregoing is a true and correct copy of Amendment to agreement, witness my hand and official seal this 17 day of September 1998 SANDY CRAWFORD Clerk Circuit Court STATE OF FLORIDA BY BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA BY: Helen Voltz, Chairman As approved by the Board 9-15-98 CITY OF CAPE CANAVERAL BY: Mayor Dated: 29 June 1998 The foregoing instrument was acknowledged before me this 24th day of June 1998, by Rocky Randels , of the CITY OF CAPE CANAVERAL, who is personally known to me or who has produced as identification. Notary C:\FROM G DRIVE\ADMIN\COUNCIL\MEETING\1998\06-16-98\CCAMEND.DOC - KB\rb 5-6-98 2 (S E A L) SANDRA H. SIMS MY COMMISSION # CC 483565 EXPIRES: July 24, 1999 Bonded Thru Notary Public Underwriters Notary Name (typed, printed or stamped) My Commission No. My Commission Expires: C:\FROM G DRIVE\ADMIN\COUNCIL\MEETING\1998\06-16-98\CCAMEND.DOC-KB\rb 5-6-98 3 SECOND AMENDMENT LIBRARY LEASE AGREEMENT THIS SECOND AMENDMENT TO THE LEASE AGREEMENT entered into this 18th day of August 2009, by and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "Board" and the CITY OF CAPE CANAVERAL, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the parties previously entered into an Agreement dated March 1, 1988, as amended on September 15, 1998; and WHEREAS, the City owns the building and land of used for Cape Canaveral Library; and WHEREAS, the Board operates Cape Canaveral Library as part of the Countywide Library System; and WHEREAS, the Parties desire to amend the Agreement regarding additional use of the Cape Canaveral Library, specifically the Meeting Room, by the City and define their respective duties and responsibilities. NOW THEREFORE, in consideration of the promises and mutual covenants herein contained, the Parties hereby agree as follows: SECTION 1. Paragraph 2. of the Agreement (March 1, 1988), as amended by the Amendment (September 15, 1998) is hereby re -numbered to Paragraph to be Paragraph 2.a.. SECTION 2. Paragraph 2.b., a new subparagraph, is added as follows: The City shall be entitled to use the 2,000 square foot multi -purpose public Meeting Room located within the Cape Canaveral Library, on a temporary basis, as a meeting room for the City Council and various City Boards subject to coordination of scheduling of dates and times with the Cape Canaveral Library Director. The City, given its increased use of the multi- 1 purpose room and the nature of the use (city council meetings, etc.), wishes to make improvements to the Meeting Room that the City will fund at its expense. The City, at its expense, shall refurbish said Meeting Room, provide for new audio and visual equipment and provide flexible furnishings, as prescribed in Exhibit "A" attached hereto. The City shall be responsible for the repair and maintenance of the meeting Room audio and visual equipment and the flexible furnishings. The Cape Canaveral Library Director is authorized to use said flexible furnishings and the new audio and visual equipment for Library use, public events and meetings. The City shall be responsible for moving the flexible furniture when requested by the Cape Canaveral Library Director. The City shall, at its expense, upgrade the security alarm system to separate the Library area from the Meeting Room, Lobby and Restroom areas. The City shall be responsible for the cost, fines, etc. associated with any false alarms which may occur or associated with an improperly set alarm. The City shall be responsible for securing the Meeting Room, Lobby, and Restroom Areas during hours which the Library is not operating or closed to the public. The Parties agree that the City is not required under the terms of this amendment to reimburse the County for any maintenance costs at this time. The parties will review maintenance costs incurred by the respective parties, other than those expended for the improvements made to the Meeting Room, on an annual basis beginning June 1, 2010 to determine whether this paragraph should be adjusted. SECTION 3. All other terms and conditions of the Agreement dated March 1, 1988 as amended by the Amendment dated September 15, 1998, not inconsistent with the provisions herein shall remain in full force and effect. 2 IN WITNESS WHEREOF, the Parties hereto have set their signatures and seals effective on the date first written above. CITY OF CAPE CANAVERAL, FLORIDA BY: Rocky Randels, Mayor ATTESTED: Mia Goforth, Acting Deputy City Clerk BOARD OF COUNTY OF COMISSIONERS OF BREVARD COUNTY, FLORIDA BY: Chuck Nelson, Chairperson As approved by the Board on: 08/18/2009 Date ATTEST: Scott Ellis, Clerk to the Board MONITOR MONITOR AGENDA INFO. TABLE 8 MOVEABLE DAIS STATIONS STAFF TABLE PODIUM ENTRY FROM LOBBY STAFF TABLE RESTROOMS EXISTING STORAGE ROOM CONCEPT A - FLEXIBLE FOR DAIS - FLEXIBLE FOR STAFF TABLES - FLEXIBLE SEATING FOR L CITIZENS - UFC:RADE TEC1410LOGY, STING FLAT -SCREEN MONITORS - NO ADDITIONAL STORkiE MEETING ROOM CONCEPT A CAPE CANAVERAL FACILITIES Caps Canaveral CONCEPT-A ID 1.01A THIRD AMENDMENT LIBRARY LEASE AGREEMENT THIS THIRD AMENDMENT TO THE LEASE AGREEMENT entered into this 19 day of Sept . 2017, by and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "Board" and the CITY OF CAPE CANAVERAL, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the parties previously entered into an Agreement dated March 1, 1988, as amended on September 15, 1998 and again amended on August 18, 2009; and WHEREAS, the City owns the building and land used for Cape Canaveral Library; and WHEREAS, the Board operates Cape Canaveral Library as part of the Countywide Library System; and WHEREAS, the Parties desire to amend the Agreement regarding the use of the Cape Canaveral Library, specifically the Meeting Room, by the City; and WHEREAS, the City has used the Meeting Room for a number of years for purposes of holding City Council meetings and other public meetings; and WHEREAS, the City, as authorized by the Second Amendment to this Library Lease Agreement, made improvements to the Library Meeting Room at its expense, including refurbishing the Meeting Room, providing for new audio and visual equipment and providing flexible furnishings to accommodate public meetings; and WHEREAS, the City has completed a new City Hall construction project and no longer will have a regular need to use the Library Meeting room for City Council and public meeting purposes, though occasional use will still occur; and WHEREAS, the City desires to allow the Cape Canaveral Library to continue to use the audio visual equipment and flexible furnishings for library purposes, provided that the Library maintains such equipment and furnishings; and NOW THEREFORE, in consideration of the promises and mutual covenants herein contained, the Parties hereby agree as follows: SECTION 1. Paragraph 2.b. of the Agreement, a subparagraph added by the Second Amendment of the Library Lease Agreement, is deleted in its entirety and replaced with the following: The City shall be entitled to use the 2,000 square -foot multi -purpose public Meeting Room located within the Cape Canaveral Library, on an as -needed basis for various public meetings, subject to coordination of scheduling of dates and times with the Cape Canaveral Library Director. The City, having previously used the Meeting Room for City Council and various City Board meetings, made improvements to the Meeting Room at its expense, including provision of new audio and visual equipment and flexible furnishings as described in Meeting Room Concept A, attached to the Second Amendment to the Library Lease Agreement. The City desires to allow the Cape Canaveral Library to continue to use the improvements, namely the audio and visual equipment, with the exception of a Dell 1LKR551 laptop, and flexible furnishings, for library uses, public events and meetings. The Cape Canaveral Library shall be responsible for the repair and maintenance of the improvements. When such improvements are no longer needed for library purposes, the Cape Canaveral Library shall return such improvements to the City for its use or disposition and sale. SECTION 2. All other terms and conditions of the Agreement dated March 1, 1988 as amended by the Amendment dated September 15, 1998 and the Second Amendment dated August 18, 2009, not inconsistent with the provisions herein shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have set their signatures and seals effective on the date first written above. CITY OF CAPE CANAVERAL, FLORIDA BY: Bob Hoog, Mayor BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA BY: Chairperson- CURT SMITH As approved by City Council 10/17/17 ATTESTED: As approved by the Board on: September 19, 2017 September 19, 2017 Mia Goforth, City Clerk Date ATTEST: Clerk- SCOTT ELLIS Reviewed for legal form and content: (Assistant) County Attorney SEAL of Cape Canaveral, Florida Attachment 3 Library Board Activities + Membership Interest 2016 — Present Actionable Items/Motions 2016 — 4 meetings • Four motions to approve minutes • One motion for officer elections 2017 — 4 meetings • Four motions to approve minutes • Should have been motion for officer elections, but was not noted in minutes 2018 — 2 meetings • Two motions to approve minutes • One motion to recommend new member to Council 2019 — 4 meetings (1 no quorum) • Three motions to approve minutes • One motion for officer elections • One motion to remove obsolete "Secretary" position 2020 — 1 meeting • One motion to approve minutes • One motion to appoint officers • One motion to recommend new member to Council Applicant Interest Statistics (2014 — present) Interest among Active Advisory Board Applicants • Total number of Active Applications: 4 • Number of those that selected "Library Board" (LB): 0 Interest among Inactive Advisory Board Applicants — Appointed • Total number of Inactive Applications (Appointed): 34 • Number of those that selected LB: 14 o Number of those already on the LB: 3* o Number of those that selected LB as first or only choice: 3 o Average rank for applicants that didn't select LB as their first choice: 4 Interest among Inactive Advisory Board Applicants — Expired • Total number of Inactive Expired Applications: 4 • Number of those that selected LB: 1 Interest among Inactive Advisory Board Applicants — Withdrawn • Total number of Inactive Withdrawn Applications: 5 • Number of those that selected LB: 3 o Number of those that selected LB as first or only choice: 0 o Average rank for applicants that didn't select LB as their first choice: 6 * Board approved recommendation to appoint new member to Council at February 2020 meeting, right before the onset of COVID-19 Emergency Declaration. Attachment 4 LIBRARY BOARD REVISED 06/18/2021 3 Vacancies (City Code §46-26) Duties: Advise and consult with the Librarian on the operation of the Library. Board meets the second Thursday at 2:00 p.m. once every three months. All meetings are held at the Cape Canaveral City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL 32920. With the exception of the Construction Board of Adjustment and Appeals, all Boards are of 7 members and serve 3 year terms of office with term limits of 2 consecutive terms on the same board, unless no other qualified applicants seek appointment. MEMBER TELEPHONE APPT DATE TERM EXPIRES CHAIRPERSON Current Term 09 17 19 THERESE ZYHOWSKI (H) 613-5463 Serving Since 10-01-22 425 Buchanan Avenue, #506 10-18-16 Current Term TONY DIVITO (H) 355-8446 02-19-19 10-01-21 8416 Canaveral Boulevard, #C-101 Serving Since 02-19-19 LARRY HOLMES Current Term 266 Polk Avenue (C) 987-8297 09-17-19 10-01-22 Serving Since 07-19-16 Current Term GARRETT LANE 02-19-19 8934 Puerto Del Rio Drive, #401 (H) 613-2848 Serving Since 10 01 21 02-19-19 VACANCY Current Term ---- 10-01-22 Serving Since ------ VACANCY Current Term ------- 10-01-23 Service Since VACANCY Current Term ------------ 10-01-23 Service Since ---------- Attachment 5 Brevard County BOARD OF COUNTY COMMISSIONERS Cape Canaveral Public Library 201 Polk Ave. Cape Canaveral, Florida 32920 Dear Cape Canaveral City Council and Mr. Todd Morley, City Manager. We support the decision that the existing City of Cape Canaveral Library Board will be dismantled to allow those who are active members of the Friends of the Library to now volunteer at full capacity without conflict/sunshine law implications. Sincerely, ( Signature ) Lisa Olzewski Cape Canaveral/ Cocoa Beach Library Director III Phone (321) 868-1101 Attachment 6 From: friends of the cape canaveral library Library To: Molly Thomas Subject: Proposed Amendment to Ordinance No. 29-2021 Date: Tuesday, June 29, 2021 10:20:36 AM The Friends of the Cape Canaveral Public Library are in full support of adopting this revised ordinance. Evelin Reid, President, FOLCC Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Ordinance No. 32-2021; amending Sections 2-260 and 2-262 of the City Code related to the application procedure for code enforcement lien satisfactions and releases including authorizing the Special Magistrate to make recommendations to the City Council regarding such applications and providing the City Manager the authority to grant de minimus reductions for certain small liens; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date, first reading. Department: Community and Economic Development Summary: Chapter 162, Florida Statutes, establishes the ability for a city to create a process by which it can enforce its code of ordinances. One of the key tools available to the City is the ability to levy fines against properties that do not voluntarily come into compliance with a code enforcement violation. These fines — if not addressed - can result in a significant lien against a piece of property. It is the City's practice to record its code enforcement liens in the public record. The City's Code Enforcement (CE) Process is generally contained in Chapter 2, Article VI of the City Code. The Code identifies several factors to be applied when considering the reduction/release of liens once compliance is achieved. It also outlines the procedure for requesting a lien reduction/release. Until 2019, the Code Enforcement Board was responsible for making recommendations to the City Manager for the adjudication of CE lien reductions/releases. However, with the adoption of Ordinance No. 11-2019, which established the Code Enforcement Special Magistrate process, fine reduction requests are now decided by the City Council. From time to time, it is necessary to update a process in order to make it more efficient or reflect new policy initiatives approved by the Council. The proposed amendment revises the current process by which an applicant requests a reduction/release of a City code enforcement lien. This ordinance requires that a lien reduction application be considered by the Special Magistrate, who will apply all of the factors, hear testimony and will make a written recommendation to the City Council. The Council will consider the matter after reviewing the special magistrate's recommendation and render a final decision. There are efficiencies gained by revising the current process, including: • The magistrate has extensive background in adjudicating code enforcement matters and must be a member of the Florida Bar for a minimum of five (5) years in good standing. • Reducing the potential perception that "politics" has any bearing on who is granted a release or how much of a reduction is granted. In addition, the proposed Ordinance encourages the prompt settlement of outstanding liens of less than $1,500.00 by authorizing the City Manager to grant a de minimis reduction of a fine or penalty not to exceed twenty percent (20%) of the total. Submitting Department Director: David Dickey Date: 07/09/21 City of Cape Canaveral City Council Meeting • July 20, 2021 Agenda Item # 9 Page 2 of 2 Attachment: Ordinance No. 32-2021 Financial Impact: Staff time at special magistrate meetings as well as special magistrate time to consider lien reduction requests. Cost of advertisement and codification; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/09/21 The City Manager recommends the City Council take the following action(s): Approve Ordinance No. 32-2021 on first reading. Approved by City Manager: Todd Morley Date: 07/09/21 1 ORDINANCE NO. 32-2021 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 CAPE CANAVERAL, FLORIDA; AMENDING SECTIONS 2-260 AND 5 2-262 OF THE CITY CODE RELATED TO THE APPLICATION 6 PROCEDURE FOR CODE ENFORCEMENT LIEN SATISFACTIONS 7 AND RELEASES INCLUDING AUTHORIZING THE SPECIAL 8 MAGISTRATE TO MAKE RECOMMENDATIONS TO THE CITY 9 COUNCIL REGARDING SUCH APPLICATIONS AND PROVIDING 10 THE CITY MANAGER THE AUTHORITY TO GRANT DE 11 MINIMUS REDUCTIONS FOR CERTAIN SMALL LIENS; 12 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 13 ORDINANCES AND RESOLUTIONS, INCORPORATION 14 INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 17 Constitution, to exercise any power for municipal purposes; and 18 19 WHEREAS, the City Council previously established an application procedure to handle 20 code enforcement lien satisfactions and releases; and 21 22 WHEREAS, the City Council desires to amend the application procedure including 23 authorizing the City Manager to approve a de minimus reduction of the fine or penalty not to 24 exceed twenty percent related to small code enforcement liens of less than $1,500, and requiring 25 the Code Enforcement Special Magistrate to make a written recommendation to the City Council 26 regarding applications not otherwise approved by the City Manager under section 2-260 of the 27 City Code; and 28 29 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 30 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 31 Cape Canaveral. 32 33 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 34 ORDAINS, AS FOLLOWS: 35 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 36 this reference as legislative findings and the intent and purpose of the City Council of the City of 37 Cape Canaveral. 38 39 Section 2. Amending Section 2-260 and 2-262 of the City Code. The City of Cape 40 Canaveral Code of Ordinances, Section 2-260 and 2-262 are hereby amended as set forth below 41 (underlined type indicates additions and strikeout type indicates deletions, while *** indicate City of Cape Canaveral Ordinance No. 32-2021 Page 1 of 8 1 deletions from Chapter 2 — Administration Article VI. — Code Enforcement that shall remain 2 unchanged in the City Code): 3 4 CHAPTER 2 — ADMINISTRATION 5 6 *** 7 ARTICLE VI. — CODE ENFORCEMENT 8 9 * * * 10 11 12 DIVISION 3. - CODE LIEN SATISFACTIONS 13 Sec. 2-260. Application for satisfaction, release, or reduction, of code enforcement liens. 14 (a) Where a certified copy of an order imposing a penalty or fine, as described in F.S. ch. 162, 15 has been recorded in the public records of Brevard County, Florida, and has become a lien 16 against the land and/or property of the violator, such violator, or the violator's successors 17 and assigns who has an ownership interest in the property, (collectively, the "applicant") 18 may apply for a satisfaction, release, or reduction of such lien as follows: 19 (1) Lien satisfaction. Upon full payment by the applicant of the fine or penalty imposed in 20 accordance with this division, the city manager is hereby authorized to execute and 21 record in the public records of Brevard County, Florida, a satisfaction of lien on behalf 22 of the city. In addition, to encourage prompt settlement of outstanding liens of less 23 than $1,500.00, the city manager is authorized to grant a de minimis reduction of not 24 to exceed twenty percent (20%) of the fine or penalty in exchange for payment of the 25 remaining balance except in instances when the violation has not been corrected and 26 there are current code violation(s) upon the property in question or the city council 27 has previously rendered a decision on an application related to the same fine or 28 penalty. The applicant shall be responsible for paying all costs of recording. Lien 29 satisfaction requests do not require a full application required by subsection (b) of this 30 section because the applicant is paying the full or de minimusly reduced amount of 31 the fine or penalty due the city. 32 (2) Lien release or reduction. Upon request for a release or reduction of a fine or penalty 33 imposed in accordance with this division, the applicant shall submit a written 34 application to the city manager or designee, in accordance with this section. 35 (b) Application. The application for release or reduction of lien shall be in written form, typed 36 or handwritten, by the applicant and shall be submitted to the city manager, or designee. 37 The application shall be executed under oath and sworn to in the presence of a notary 38 public, and shall include, but may not be limited to, the following: City of Cape Canaveral Ordinance No. 32-2021 Page 2 of 8 1 (1) A copy of the order imposing a lien upon the property including the code 2 enforcement case number; 3 (2) The date upon which the applicant brought the subject property into compliance with 4 the City Code; 5 (3) The basis upon which the applicant believes the application for release or reduction of 6 lien should be granted; 7 (4) The terms upon which the release or reduction of lien should be granted; 8 (5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine 9 being recorded; 10 (6) The reduction in penalty or fine sought by the applicant; 11 (7) A statement verifying whether the applicant was issued any title policy or policies for 12 the subject property encumbered by the lien after the date the lien was recorded in 13 the public records of Brevard County, Florida. If such a policy or policies were issued to 14 the applicant, a copy of any such title policy shall be submitted with the application; 15 (8) Any other information which the applicant deems pertinent to the request, including 16 but not limited to the circumstances that exist which would warrant the reduction or 17 satisfaction of the penalty or fine. 18 (c) Reimbursement to city for recording costs at time of application. The applicant shall submit, 19 at the time of application, an application fee established by the city to defray some or all of 20 the city's costs of processing the application including, but not limited to, personnel, legal, 21 and costs associated with recording the order imposing a penalty or fine and the requested 22 release or reduction of lien. These costs are nonrefundable, without regard for the final 23 disposition of the application. 24 (d) Application review. Upon receipt of the application and payment provided above, the code 25 enforcement division shall confirm that the violation, which resulted in the order imposing 26 penalty or fine, has been corrected. If the violation has been corrected and there are no 27 current code violation(s) upon the property in question, the code enforcement division shall 28 place the application and a staff recommendation upon the agenda of the next meeting of 29 the special magistrate city council for the City of Cape Canaveral for a hearing and 30 recommendation to the city council. 31 (e) At the hearing before the special magistrate city council, the special magistrate city council 32 shall review and consider the application for reduction or release of lien, provide the 33 violator with an opportunity to address the board special magistrate regarding the City of Cape Canaveral Ordinance No. 32-2021 Page 3 of 8 1 application for reduction or release of lien, and to take the testimony of other interested 2 parties, including but not limited to city staff. 3 Upon review of the application and any testimony presented by the applicant, city staff or 4 other interested party, the special magistrate city council shall render a written recommendation 5 to the city council based on findings of fact and law to either by motion or writing approve, 6 approve with conditions, or deny the application for reduction or release of lien. The city council 7 shall consider and give considerable weight to the written recommendation of the special 8 magistrate and render a final decision on the application. 9 Whenever a recommendation or decision is made under this section, the following factors 10 shall be applied by the city in determining the amount of any reduction or release: 11 (1) The amount of any administrative and out-of-pocket costs incurred by the city which 12 are directly associated with the underlying code enforcement case and lien including, 13 but not limited to, code enforcement staff and attorney time, postage, advertising and 14 recording costs, and other city expenses related to any measure taken by the code 15 board or city to abate a nuisance caused by the violation; 16 (2) The gravity and number of the violation(s); 17 (3) The amount of the requested reduction; 18 (4) The time in which it took to bring the property into compliance; 19 (5) Whether the applicant was responsible for the violation which caused the lien; 20 (6) Whether the applicant is or will be a bona fide purchaser of the subject property and is 21 filing or has filed for a homestead exemption evidencing a desire to reside within the 22 city on a non -transient basis, or whether the property is or will be acquired for 23 investment or other purposes; 24 (7) Whether the applicant acquired the subject property with knowledge of the subject 25 lien or should have knowledge of the lien through reasonable due diligence; 26 (8) The accrued amount of the code enforcement fine or lien as compared to the current 27 market value of the property; 28 (9) With respect to a speculator, non -homestead purchaser of the subject property, the 29 accrued amount of the code enforcement fine or lien as compared to the 30 investment/profit that will be gained as a result of the purchase or sale of the property 31 and the reduction or satisfaction; 32 (10) Any previous or subsequent violations pertaining to the property unless an order 33 finding a violation is under appeal at the time of determination; City of Cape Canaveral Ordinance No. 32-2021 Page 4 of 8 1 (11) Any previous or subsequent violations of the applicant pertaining to the other 2 properties owned within city, unless an order finding a violation is under appeal at the 3 time of determination; 4 (12) Any relevant information contained in any title policy required to be submitted to the 5 city under this section; 6 (13) Any financial hardship; 7 (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of 8 the penalty or fine; and 9 (15) Any other administrative review criteria relevant to whether it is equitable to reduce or 10 release a lien which are adopted by the city manager, in writing, and are intended to 11 be applied to all applications on a uniform basis. 12 (f) To the maximum extent feasible, the city council or city manager shall collect, at a 13 minimum, all administrative and out-of-pocket costs incurred by the city as specified in 14 subsection (e)(1). If the city council approves the application to reduce or release the lien 15 and the approval is conditioned upon the applicant paying a reduced penalty, fine, or any 16 other condition, the satisfaction or release of lien shall not be prepared or recorded in the 17 public records of Brevard County, Florida by the city manager until the condition(s) 18 imposed by the city council have been satisfied. 19 (g) Compliance and right of appeal. The applicant shall have 30 days in which to comply with 20 the conditions imposed by the city council unless otherwise approved by the city council in 21 a written agreement with the applicant. 22 (1) If the application is denied, or if the application is automatically denied due to the 23 failure of the applicant to comply with the conditions imposed by the city council, the 24 applicant shall thereafter be barred from applying for a subsequent reduction or 25 release of lien for a period of one year from the date of denial. During the one-year 26 period, the lien may only be satisfied and released upon full payment of the fine or 27 penalty imposed in accordance with this division. 28 (2) The city council shall render a final decision on the application based upon the 29 recommendation of the special magistrate, sworn application and any other additional 30 and necessarily relevant information or testimony provided to the city council at the 31 meeting by the applicant, city manager or any other interested party. Any decision 32 made by the city council pursuant to this section shall be deemed final and not subject 33 to any further administrative review by the city. The applicant shall have 30 days, or 34 such time period determined by the city council in a written agreement, in which to 35 comply with any decision of or condition imposed by the city council or the City of Cape Canaveral Ordinance No. 32-2021 Page 5 of 8 1 application shall be deemed automatically denied and thereafter, the applicant shall 2 be barred from applying for a subsequent reduction or release of lien for a period of 3 one year from the date of the city council's decision. During the one-year period, the 4 lien may only be satisfied and released upon full payment of the fine or penalty 5 imposed in accordance with this division. 6 (3) When a lien is satisfied as a result of reduced payment or release as ordered by the 7 city council, the city manager is hereby authorized to execute and record in the public 8 records of Brevard County, Florida, a satisfaction of lien on behalf of the city. 9 (h) Partial release of liens; liens recorded in error. Under appropriate circumstances determined 10 by the city council to be in the best interests of the city, city council may approve an 11 application conditioned upon a partial release of lien that releases a city lien from a specific 12 piece of property. However, the lien will remain in effect and will encumber any other 13 properties which are subject to the lien pursuant to law. Partial releases of lien may also be 14 authorized by the city council to account for any funds paid to the city to reduce the 15 amount owed on the lien. In addition, nothing herein shall prohibit the city manager from 16 releasing a lien, in whole or part, that was recorded in error by the city. An application shall 17 not be required to release a lien recorded in error. 18 (i) The provisions of this division shall be deemed supplemental and in addition to the city 19 council's right, at its discretion, to collect a lien imposed by the city and to compel or bring 20 properties into compliance with the City Code by any other lawful means deemed 21 reasonably necessary by the city council. 22 23 DIVISION 4. — SPECIAL MAGISTRATE 24 25 26 Sec. 2-262. Powers of special magistrates. 27 Special magistrates shall have the power to: 28 (a) Hear and decide violations of the Code. 29 (b) Adopt administrative rules for the efficient conduct of hearings consistent with the 30 City Code and other applicable law. Said rules shall be in a form approved by the city 31 attorney. 32 (c) Subpoena alleged violators and witnesses for hearings; subpoenas shall be served by 33 the county sheriff, process server or by the city staff. 34 (d) Subpoena evidence deemed relevant to hearings. City of Cape Canaveral Ordinance No. 32-2021 Page 6 of 8 1 (e) Take testimony under oath. 2 (f) Assess and order the payment of civil penalties as provided herein. 3 (g) Issue orders having the force of law to command whatever steps are necessary to 4 bring a violation into compliance. 5 (h) Have jurisdiction to consider and address orders previously entered by the city code 6 enforcement board. 7 (i) Have jurisdiction to make recommendations to the city council pursuant to 2-260 8 regarding applications for satisfaction, release, or reduction, of code enforcement 9 liens. 10 11 * * * 12 13 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 14 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 15 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 16 17 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 18 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 19 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 20 and like errors may be corrected and additions, alterations, and omissions, not affecting the 21 construction or meaning of this ordinance and the City Code may be freely made. 22 23 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 24 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 25 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 26 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 27 the validity of the remaining portions of this Ordinance. 28 29 Section 6. Effective Date. This Ordinance shall become effective immediately upon 30 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 31 Charter. 32 33 34 35 36 [Adoption and Signature Page Follows] 37 City of Cape Canaveral Ordinance No. 32-2021 Page 7 of 8 1 2 3 4 5 6 7 8 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 9 , 2021. 10 11 12 13 14 15 16 Bob Hoog, Mayor 17 18 ATTEST: For Against 19 20 Mike Brown 21 22 Mia Goforth, CMC Robert Hoog 23 City Clerk 24 Mickie Kellum 25 26 Wes Morrison 27 28 Angela Raymond 29 First Reading: July 20, 2021 30 Advertisement: 31 Second Reading: 32 33 34 Approved as to legal form and sufficiency 35 for the City of Cape Canaveral only by: 36 37 38 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 32-2021 Page8of8 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Consider Application for Reduction of a $26,883.00 Code Enforcement Lien, Case No. 16-101. Homedingo, LLC — Applicant (116/118 Tyler Avenue) Department: Community and Economic Development Summary: The applicant, Homedingo, LLC, has applied for a code enforcement lien reduction in the amount of $26,883.00 (Case No. 16-101) for property located at 116/118 Tyler Avenue. Timeline • February 10, 2016 - the subject property suffered structural and cosmetic fire damage. The property owner, at that time, secured the premises. Within the next three months the property became overgrown and was not being maintained. 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. • April 20, 2017 - the matter was forwarded to the Code Enforcement Board at which time the Board tabled the matter with the condition that the owner meet certain stipulations; notably, to develop a plan to repair the fire damage, maintain the property, and allow no one to reside on the premises. • April 25, 2017 - Staff met with owner at the property and went over issues with the property and remedies. Staff reiterated what the property owner and the Code Board agreed to. • Between November 2017 and January 2018 - Staff and the Brevard County Sheriff's Office received numerous complaints regarding someone living on the property. • January 18, 2018 - the matter was once again considered by the Board at which time an Order was entered imposing a penalty in the amount of one -hundred dollars ($100.00) for the first day and twenty-five dollars ($25.00) per day thereafter until the violation was corrected and full compliance was confirmed (Attachment 1). The Board Order was recorded in the Brevard County Public Record. • January 22, 2018 - Staff met with the property owner's representative and discussed everything that needs to be accomplished and how the lien works. Staff also requested the property owner update City Staff monthly on the progress. • March 19, 2018 - Staff provided a letter to the owner's representative outlining the minimum actions required to bring the property into compliance. In the following 18 months all attempts to contact the property owner and their representative were unsuccessful. • May 4, 2020 — According to the Brevard County Property Appraiser's website, the Property was purchased for $99,990 by Homedingo, LLC, from RE Property Holdings, LLC. • November 9, 2020 — Homedingo, LLC applied for a permit to cause the needed repairs and improvement to the property. • January 19, 2021 — Homedingo, LLC sold the property to the 116 Land Trust. • June 7, 2021 - Code Enforcement Staff conducted a site visit and confirmed that the property was in compliance (Attachment 2). The lien stopped accruing and the total fine was calculated at $26,883.00 (Attachment 3). City of Cape Canaveral City Council Meeting • July 20, 2021 Agenda Item #10 Page 2 of 4 • June 9, 2021 - the Applicant (Homedingo, LLC), on behalf of the current owner (116 Land Trust) (see Attachment 7) applied for a reduction of the Code Enforcement Lien (Attachment 4). Since the initiation of this case, 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. Application of Criteria Recommendations and decisions of lien reductions are guided by the following criteria: (Staff comments in Red) 1) The amount of any administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board or city to abate a nuisance caused by the violation; The City's administrative costs and out-of-pocket incurred with the code enforcement case is $2,278.26. (2) The gravity and number of the violation(s); The Lien resulted from numerous violations of the City's property maintenance standards caused by a fire at the property and subsequent neglect by the former property owner. The property was secured and boarded up for approximately 5 years before it was sold and substantially renovated and improved by the Applicant. (3) The amount of the requested reduction; The Applicants are requesting a significant reduction of the Lien - equaling City cost - because they were not the violator and they were responsible for bringing the property into compliance and improving the property. The Applicants purchased the property and should be credited with bringing the property into compliance by substantially renovating and improving the property. (4) The time in which it took to bring the property into compliance; The structure fire which precipitated this case occurred in November of 2016, and the property was brought into compliance by the Applicants in June of 2021. Therefore, it took approximately 4 and one-half years to bring the property into compliance. However, after acquiring the property in May of 2020, the Applicants brought the property into compliance in just over one year by obtaining permits and substantially renovating the property. (5) Whether the applicant was responsible for the violation which caused the lien; The Applicants were not responsible for the violations. City of Cape Canaveral City Council Meeting • July 20, 2021 Agenda Item #10 Page 3 of 4 (6) Whether the applicant is or will be a bona fide purchaser of the subject property and is filing or has filed for a homestead exemption evidencing a desire to reside within the City on a non -transient basis, or whether the property is or will be acquired for investment or other purposes; The Applicants are bona fide purchasers of the property. The City is not aware of an application for homestead made by the Applicants. The property is currently for sale and therefore, it can be surmised the property was purchased as an investment. (7) Whether the applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; Based on materials included with the Application, the owner was aware and had knowledge of the code enforcement liability prior to the acquisition of the property. In fact, the title policy (Attachment 6) lists the City code enforcement liability as a Schedule B Exclusion. (8) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; The accrued Lien is $26,883. According to the Property Appraiser's website, the current market value of the property is $193,880. Therefore, the Lien currently represents approximately 14% of the market value. However, given the substantial improvements made to the property by the Applicants and the list price of $450,000, Staff anticipates that the tax assessed value of the property will likely be significantly increased. (9) With respect to a speculator, non -Homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the property and the reduction or satisfaction; The Applicant indicated on the Permit application that the cost of the renovations (2 exterior doors, flooring, cabinets, drywall repair, and painting) cost approximately $70,000. When the purchase price of $99,990 is added, the Applicant has a hard investment of $169,990 in the property. Given the list price of $450,000, the potential profit is approximately $235,000 (assuming 10% cost to sell). (10) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; The property does not have any previous or subsequent violations. (11) Any previous or subsequent violations of the applicant pertaining to the other properties owned within City, unless an order finding a violation is under appeal at the time of determination; Staff is not aware of any subsequent code violations of the Applicants pertaining to other properties owned within the City. (12) Any relevant information contained in any title policy required to be submitted to the City under this section; The attached Title Policy insures an amount equal to the purchase price of $99,990 and lists the City's Code Enforcement Lien as a Schedule B Exception. Therefore, the Lien is not insured because the title companies and the Applicants were aware of the Lien. The Applicants clearly made a fully City of Cape Canaveral City Council Meeting • July 20, 2021 Agenda Item #10 Page 4 of 4 informed decision to acquire the property subject to the Lien, hoping to seek a reduction and satisfaction with the City based on their efforts with the property. (13) Any financial hardship; The Applicants have not claimed any financial hardship other than the financial impact of satisfying the Lien. (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and The approximate $170,000 investment in the City of Cape Canaveral, coupled with the Applicant's efforts to bring the property into compliance, can be looked upon favorably by City Council. (15) Any other administrative review criteria relevant to whether it is equitable to reduce or release a lien which are adopted by the City Manager, in writing, and are intended to be applied to all applications on a uniform basis. Because the property was brought into compliance within thirteen months of purchase, this is considered a good faith effort and Staff is recommending 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. A review of the legal considerations of lien reductions is attached for background on the subject request (Attachment 8). Submitting Department Director: David Dickey Date:07/12/21 Attachments: 1 — Board Order Case No. 16-101 2 — Code Enforcement Notice of Compliance 3 — Lien Calculation (Breakdown) 4 — Lien Reduction Application 5 — City Staff Costs Spreadsheet 6 — Owners Policy of Title Insurance 7 — Owners Authorization to Act 8 — Legal Review of Code Enforcement Liens Financial Impact: Reduction up to $26,883.00 in outstanding Code Enforcement liens; Staff time and effort to complete the Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/12/21 The City Manager recommends the City Council take the following action: Approve the reduction of the outstanding Code Enforcement liens associated with Case No. 16-101 to Staff cost of $2,278.26. Approved by City Manager: Todd Morley Date: 07/12/21 Attachment 1 3 CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. Kimberly N La Roche Respondents, Case # 16-101 CFN 2018022751, OR BK 8081 PAGE 1900. Recorded 01/31/2018 at 12:47 PM, Scott Ellis, Clerk of Courts. Brevard County # Pgs:3 Subject Property: 116 & 118 Tyler Avenue Cape Canaveral, Florida 32920 Parcel number: 24-37-23-CG-00036.0-0013.00 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 January 18, 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 the Respondents were provided a Notice of Violation in accordance with the City Code and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a Violation of Section 34-96, (d) Standards established; Section 34-97 (a), (1), Duties and responsibilities for maintenance; Section 34-98, (4), (6), Building appearance and maintenance, of the City of Cape Canaveral Code of Ordinances and Section 108.1, General; Section 108.1.1, Unsafe structures; Section 302.1 Sanitation; Section 303.1 General, of the International Property Maintenance Code as adopted in the City of Cape Canaveral Code of Ordinances Section 82-221, International Property Maintenance Code adopted, exists or existed on Subject Property and that Respondent was further provided a reasonable time to correct said violation(s); Page 1 of 3 Case # 16-101 3. That the Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation. 4. That the Respondents were 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 present at the hearing; 5. That, based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-96, (d) Standards established; Section 34-97 (a), (1), Duties and responsibilities for maintenance; Section 34-98, (4), (6), Building appearance and maintenance, of the City of Cape Canaveral Code of Ordinances and Section 108.1, General; Section 108.1.1, Unsafe structures; Section 302.1 Sanitation; Section 303.1 General, of the International Property Maintenance Code as adopted in the City of Cape Canaveral Code of Ordinances Section 82-221, International Property Maintenance Code adopted; 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 twenty five dollars ($25.00) 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 18th day of January, 2018. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA ( Signature ) Mary RusseII, Chairperson Page 2 of 3 Case # 16-101 Copies furnished to: CERTIFIED MAIL 7017 1450 0001 2238 6799 Kimberly N La Roche 118 Tyler Avenue Cape Canaveral, FL 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 26 day of January 2018. (Signature ) Ginger Wright Clerk to the Code Enforcement Board CERTIFICATION STATE OF FLORIDA COUNTY OF BREVARD CITY OF CAPE CANAVERAL I , Mia Goforth , do hereby this copy of Order Imposing Penalty for case # 16-101 , dated January 18 , 2018, is a true and correct photocopy of the City's record copy (Original). By my hand and the official Seal of the City of Cape Canaveral on this 29th day of January , 2018. ( Signature ) City Clerk or Deputy City Clerk Page 3 of 3 Attachment 2 City of Cape Canaveral. Community Development RE: NOTICE OF COMPLIANCE 116 Land Trust CIO Devin Smith 116 Tyler Ave Cappe Canaveral FL 32920 Case No. 16-101 DATE: 6/7/2021 LOCATION OF VIOLATION: 116/118 Tyler Ave Cape Canaveral FL, 32920 PARCEL ID: 24-37-23-CG-36-13 RESPONDENT(S): 116 Land Trust C/O Devin Smith A site inspection of the property located at 116/118 Tyler Ave, revealed the property to be in compliance. DESCRIPTION OF VIOLATION: Section 34-96 (d), Standards established. Section 34-97 (a), (1), Duties and responsibilities for maintenance. Section 34-98, (4), (6), Building appearance and maintenance. Section 82-221, International Property Maintenance Code Adopted (IPMC). IPMC Section 302.1 Sanitation. IPMC Section 303.1 General. IPMC Section 108.1, General. IPMC Section 108.1.1, Unsafe structures. 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 Date Lien Amount of Lien Amount of Lien Case# Address Starts (First Day) (Everyday After) 6/10/2021 1 16-101 116-118 Tyler Ave 1/18/2018 $100.00 $25.00 $26,883.00 Lien Breakdown 2018 2019 2020 2021 Month Days Amount j Month Days i Amount Month Days j Amount Month Days Amount Jan I 14 I $350.00 I Jan I 31 I $775.00 I Jan 30 I $750.00 Jan I 31 I $775.00 Feb 28 $700.00 Feb 28 $700.00 Feb ! 29 ! $725.00 Feb 28 $700.00 March 31 $775.00 March 31 $775.00 March 31 $775.00 March 31 $775.00 Apr 31 I$775.00 I Apr 31 I $775.00 Apr 30 I $750.00 I Apr 30 $750.00 May I 31 I$775.00 I May I 31 I $775.00 May 30 $750.00 May 31 $775.00 June 30 $750.00 June 30 $750.00 June 30 ! $750.00 June 7 $175.00 July 31 $775.00 July 30 $750.00 July 31 $775.00 July $0.00 Aug I 31 I$775.00 I Aug I 31 I $775.00 I Aug I 31 I $775.00 I Aug $0.00 Sept 30 $750.00 Sept 30 $750.00 Sept 30 ! $750.00 Sept $0.00 Oct 31 $775.00 Oct 18 $450.00 Oct 31 $775.00 Oct $0.00 Nov 30 $750.00 Nov 30 $750.00 Nov 30 $750.00 Nov $0.00 Dec 31 $775.00 I Dec I 31 I $775.00 I Dec 31 $775.00 I Dec I $0.00 TOTAL: 1004 $26,783.00 Attachment 4 City of Cape Canaveral 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 Brevard 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 lien 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 thirty (30) days prior to the next available City Council Meeting. 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. THE SPACE 100 Polk Avenue — P.O. Box 326 • Cape Canaveral, FL 32920 BETWEEN' (321) 868-1220 • Fax (321) 868-1248 Visit us at www.cilyotcapecanaveral.org • info@cityofcapecanaveral.org.• #TheSpaceBetween 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. 9. If the applicant sells or transfers the property to another entity between the time the application is filed and the scheduled City Council meeting, the applicant must notify the City immediately by contacting the Code Enforcement Department. 10. As applicable, the City will consider the following criteria: (1) The amount of any administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board or city to abate a nuisance caused by the violation; (2) The gravity and number of the violation(s); (3) The amount of the requested reduction; (4) The time in which it took to bring the property into compliance; (5) Whether the applicant was responsible for the violation which caused the lien; (6) Whether the applicant is or will be a bona fide purchaser of the subject property and is filing or has filed for a homestead exemption evidencing a desire to reside within the city on a non -transient basis, or whether the property is or will be acquired for investment or other purposes; (7) Whether the applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; (8) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; (9) With respect to a speculator, non -homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the property and the reduction or satisfaction; (10) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; (11) Any previous or subsequent violations of the applicant pertaining to the other properties owned within city, unless an order finding a violation is under appeal at the time of determination; (12) Any relevant information contained in any title policy required to be submitted to the city under this section; (13) Any financial hardship; THE SPACE 100 Polk Avenue — P.O. Box 326 • Cape Canaveral, FL 32920 BETWEEN' (321) 868-1220 • Fax (321) 868-1248 Visit us at www.cityofcapecanaveral.org info@cityofcapecanaveral.org • #TheSpaceBetween (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and (15) Any other administrative review criteria relevant to whether it is equitable to reduce or release a lien which are adopted by the city manager, in writing, and are intended to be applied to all applications on a uniform basis. Signature of Applicant: Date: 6-9-2021 100 Polk Avenue — P.O. Box 326 • Cape Canaveral, FL 32920 (321) 868-1220 • Fax (321) 868-1248 Visit us at www.cltyotcapecanaveral.org • info@cityofcapecanaveral.org • #TheSpaceBetween THE SPACE BETWEEN' City of Cape Canaveral CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR REDUCTION OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE # APPLICATION FEE: $ 100.00 APPLICANT: HOMEDINGO LLC DATE: 6-9-2021 ADDRESS: 4060 VANCOUVER AVE CITY: COCOA EMAIL: THEHOMEDINGO@GMAIL.COM PHONE: 954-444-6633 NATURE OF VIOLATION(S): PROPERTY CONDITION IS THE APPLICANT THE VIOLATOR: YES:❑ NO X ADDRESS OF SUBJECT PROPERTY: 116-118 TYLER AVE. PARCEL ID: 24—37—23—CG—36—13 AMOUNT (Total): $26,883 DATE FINE/LIEN FILED: 1/18/2018 COMPLIANCE DATE: 6/7/2021 RELIEF REQUESTED x SATISFACTION / ❑REDUCTION IF REDUCTION, THE APPLICANT PROPOSES $ 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) VIOLATION WAS INHERITED BY THE NEW OWNER/PURCHASER. I WAS TOLD BY WHOLESALERS THAT THEY'D BE TAKEN CARE OF BEFORE CLOSING.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) A STATEMENT VERIFYING WHETHER THE APPLICANT WAS ISSUED ANY TITLE POLICY OR POLICIES (OR TITLE COMMITMENT IF TITLE POLICY IS PENDING AND APPLICABLE) FOR THE SUBJECT PROPERTY ENCUMBERED BY THE LIEN AFTER THE DATE THE LIEN WAS RECORDED IN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. IF SUCH A POLICY OR POLICIES WERE ISSUED TO THE APPLICANT, A COPY OF ANY SUCH TITLE POLICY SHALL BE SUBMITTED WITH THE APPLICATION. *ATTACH STATEMENT AND TITLE POLICY OR TITLE COMMITMENT * TITLE POLICY OR COMMITMENT ATTACHED: YES X NO ❑ IF NO, EXPLAIN WHY NOT: 100 Polk Avenue — P.O. Box 326 • Cape Canaveral, FL 32920 (321) 868-1220 • Fax (321) 868-1248 Visit us at www.cityofcapecanaveral.org • info@cityofcapecanaveral.org • #TheSpaceBetween THE SPACE BETWEEN' 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) APPLICANT'S SIGNATURE 6-9-2021 DATE STATE OF FLORIDA COUNTY OF BREVARD BEFORE ME the undersigned authority did personally appear MICHAEL E. MUMMERT by means of X physical presence or ❑ online notarization, who provided FL. DRIVER LICENSE as identification, and who after being placed under oath, swore or affirmed the information contained within this application is true and correct. Mia Goforth Notary Public State of Florida Comm# HH108700 Expires 5/16/2025 Notary Public FOR STAFF USE ONLY APPLICATION RECEIVED BY CITY ON 6/9/2021 BHP COMPLIANCE CONFIRMED ON 6/7/2021 ACTION OF THE CITY COUNCIL: ❑APPROVE; ❑DENY; ❑APPROVE WITH THE FOLLOWING CONDITIONS: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF CITY COUNCIL ACTION, UNLESS OTHERWISE APPROVED BY THE CITY COUNCIL IN A WRITTEN AGREEMENT WITH THE APPLICANT. TO WIT: ON OR BEFORE 100 Polk Avenue — P.O. Box 326 • Cape Canaveral, FL 32920 (321) 868-1220 • Fax (321) 868-1248 Visit us at www.cityofcapecanaveral.org • info@cityofcapecanaveral.org • #TheSpaceBetween THE SPACE BETWEEN' Attachment 5 Staff Costs For Enforcement of Violations for 116/118 Tyler Ave Date Description Time Amount 2/10/16 Site visit to property - property posted with 1.0 Hr $96.31 UNSAFE placard. Building Official @ $58.11; Fuel ($2.24) 5/11/16 Pulled ownership Information -prepared Notice of 1.0Hr $44.76 Violation. Mailed certified mail return receipt requested ($6.56); Fuel ($2.24) 6/13/16 Site visit to property. Fuel ($2.24) 1.0 Hr $38.20 3/29/17 Site visit to property. Fuel ($2.24) 1.0 Hr $38.20 3/30/17 Prepared Courtesy Letter. Mailed regular mail; 1.0 Hr $38.20 Fuel ($2.24) 4/7/17 Prepared Notice of Hearing for mailing, certified 1.0 Hr $44.76 return receipt requested; mailing ($6.56); Fuel ($2.24) 4/10/17 Posted property with Notice of Hearing; Fuel 1.0 Hr $38.20 4/18/17 ia`M Power Point for hearing 2.0 Hr $71.92 4/20/17 Code Enforcement Board Hearing; Time for 1.0 Hr $307.75 Officer Palmer @ $35.96; Building Official @ $58.11; Board Secretary @ $24.68; City Attorney @ $189.00 4/25/17 Site visit to property. Fuel ($2.24) 1.0 Hr $38.20 11/29/17 Site visit to property - property posted with 1.0 Hr $38.20 UNSAFE placard. Fuel ($2.24) 1/2/18 Prepared Notice of Hearing for mailing, certified 1.0 Hr $44.76 return receipt requested; mailing ($6.56); Fuel ($2.24) 1/8/18 Posted property with Notice of Hearing; Fuel 1.0 Hr $38.20 ($2.24) 4/18/17 Prepare Power Point for hearing 2.0 Hr $71.92 1/18/18 Code Enforcement Board Hearing; Time for 1.0 Hr $307.75 Officer Palmer @ $35.96; Building Official @ $58.11; Board Secretary @ $24.68; City Attorney @ $189.00 1/19/18 Prepared Board Order for mailing; Secretary @ 1.0 Hr $69.93 $24.68; mailings ($7.05); Fuel ($2.24) 1/22/18 Site visit to property; Fuel ($2.24) 2.0 Hr $38.20 1/29/18 Cost to file Board Order with Brevard County 1.0 Hr $52.18 Clerk of Court ($10.50 first page and $8.50 every page thereafter) 1/30/18 Prepared and mailed correspondence to property 1.0 Hr $44.76 owner certified return receipt requested; mailing ($6.56); Fuel ($2.24) 3/19/18 Prepared correspondence. Site Visit to property; 1.0 Hr $38.20 Fuel ($2.24) 5/22/19 City Attorney correspondence; ($189.00) 1.0 Hr $224.96 5/23/19 City Attorney correspondence; ($189.00) 1.0 Hr $224.96 6/13/19 City Attorney correspondence; ($189.00) 1.0 Hr $224.96 6/10/21 Preparation of release of lien and recording; 2.0 Hr $102.78 Total Staff Costs 27.0 Hr $2,278.26 Attachment 6 WESTCOR POLICY NO. OP-25-FL1592-9101604 OWNER'S POLICY OF TITLE INSURANCE (with Florida Modifications) ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy trust be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, Westcor Land Title Insurance Company, a South Carolina corporation (the "Company") insures, as of Date of Policy, against loss or damage. not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery. fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law: (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance. violation. variation. or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. COVERED RISKS CONTINUED ON NEXT PAGE in Witness Whereof, WESTCOR LAND TITLE INSURANCE COMPANY. has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A. the policy to become valid when countersigned by an authorized signa- tory of the Company. Issued By: FL1592 * FL20-M433 WESTCOR LAND TITLE INSURANCE COMPANY Giannell Title, LLC 3343 West Commercial Blvd., Suite 100 Fort Lauderdale, FL 33309 By: ( ) Resident Attest: Secretary ( ) OP-25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 1 4. No right of access to and from the Land. 5. The violation or enforcement of any law. ordinance, permit, or governmental regulation (including those relating to building and zon- ing) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land: or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce. but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise ofa governmental police power not covered by Covered Risk 5 if a notice of the enforce- ment action describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain ifa notice of the exercise. describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights ofa purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part. or from a court order providing an alternative remedy, ofa transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency. or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Tide or other matter included in Covered Risks 1 through 9 that has been created or at- tached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy. but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy. and the Company will not pay Toss or damage, costs. attorneys' fees. or expenses that arise by reason of': 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to buildine and zoning) restricting, regulat- ing, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improve- ment erected on the Land; (iii) the subdivision of land; or (iv) environmental protection: or the effect of any violation of these laws. ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens. encumbrances. adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant: (b) not Known to the Company, not recorded in the Public Re- cords at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy: (c) resulting in no loss or damage to the Insured Claimant: (d) attaching or created subsequent to Date of Pal icy; or (e) resulting in loss or damage that would not have been sus- tained if the Insured Claimant had paid value for the Title, d, Any, claim, by reason of the operation ol'federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. OP-25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition 12/1/17) Page 2 CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy. increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership. trust, limited liability company, or other similar legal entity, (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin: (B) successors to an Insured by dissolution. merger, con- solidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock. shares, memberships. or other equity interests of the grantee are wholly -owned by the named Insured. (2) if the grantee wholly owns the named Insured. (3) if the grantee is wholly -owned by an affiliated En- tity of the named Insured, provided the affiliated Entity and the named Insured are both wholly - owned by the same person or Entity. or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however; all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not construc- tive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title, (g) "Land": The land described in Schedule A, and affixed improve- ments that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A. nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes. ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust. trust deed, or other secu- rity instrument, including one evidenced by electronic means authorized bylaw. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and withoutKnowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured. but only so long as the Insured retains an estate or interest in the Land. or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of war- ranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land. or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMBANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Condi- tions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause Toss or damage for which the Company may be liable by virtue of this policy. or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prornpt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state. to the extent possible, the basis of calculating the amount of the loss or damage. S. DEFENSE AND PROSECUTION OF' ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions. at its own cost. to institute and prosecute any action or proceeding or to do any OP-25 ALTA Owners Policy of Title Insurance 6-17-06 m ith FLORIDA Modifications) (WLTIC Edition 12/1 /17) Page 3 CONDITIONS -CONTINUED other act that in its opinion may be necessary or desirable to establish the Title. as insured. or to prevent or reduce loss or damage to the Insured. The Company may take any appropri- ate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,. it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion. to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) in all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option. the name of the Insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence. obtaining witnesses. prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate. including any liability or obligation to defend. prosecute, or continue any litigation. with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representa- tive ofthe Company and to produce for examination; inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports. e-mails. disks. tapes. and videos whether bearing a date before or after Date of Policy. that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company. the Insured Claimant shall Brant its permission. in writing, for any authorized representative of the Company to examine. inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or dam- age. All information designated as confidential by the insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath. produce any reasonably requested information. or grant permission to secure reasonably necessary information from third parties as required in this subsection. unless prohibited by law or governmental regulation. shall terminate any Iiability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy. the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of insurance. To pay CONTINUED or tender payment of the Amount of Insurance under this policy together with any costs. attorneys' fees. and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option. all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection. shall terminate. including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition. the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claim- ant that were authorized by the Company up to the time of payment and that the Company is obligated to pay: or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii). the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made. shall terminate, including any li- ability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered Toss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance: or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Con- ditions and is unsuccessful in establishing the Title, as insured. (i) the Amount of Insurance shall be increased by 10%. and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date ,the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) in addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses in- curred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect. lien, or encumbrance. or cures the lack of a right of ac- cess to or from the Land. or cures the claim of Unmarketable Title. all as insured. in a reasonably diligent manner by any method, including litigation and the completion of any appeals. it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the insured. OP-25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications( (WLTIC Edition12/1/17) Page 4 (b) In the event of any litigation, including litigation by the Com- pany or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final deter- mination by a court of competent jurisdiction, and disposition of all appeals. adverse to the Title. as insured. (c) The Company shall not be liable for Toss or damage to the insured for liability voluntarily assumed by the -Insured in set- tling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses. shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Com- pany pays under any policy insuring a Mortgage to which exception is taken in ScheduleB or to which the Insured has agreed. assumed. or taken subject. or which is executed by an Insured after Date of Policy and which is a charge or Lien on the Title, and the amount so paid shall be deemed a payment to the insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions. the payment shall be made within 30 days. 13. RIGHTS OF RECOVER\ UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy. it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property. to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Com- pany of these rights and remedies. The Insured Claimant shall permit the Company to sue. compromise. or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies, If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance. or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law. arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration As- sociation may be detnanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable mat- ters may include. but are not limited to. any controversy or claim between the Company and the Insured arising out of or relating to this policy. and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provi- sions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement. (iii) extend the Date of Policy. or (iv) increase the Amount of Insurance. 16. SEVERABILITY in the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law. the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights. remedies. or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 875 Concourse Parkway South, Suite 200. Maitland, FL 32751. OP-25 ALTA Owners Policy of Title Insurance 6-17-06 (with FLORIDA Modifications) (WLTIC Edition I2/1/17) Page 5 OWNER'S POLICY OF TITLE INSURANCE (With Florida Modifications) WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE HOME OFFICE 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone: (407) 629-5842 Westcor Land Title Insurance Company OWNER'S POLICY Schedule A Policy No: OP-25-FL1592-910604 Date of Policy: May 7, 2020 11:53 AM Agent's File No.: FL20-M433 Amount of Insurance: $99.990.00 Premium: $575.00 Address Reference: 116 Tyler Avenue. Cape Canaveral. FL 32920 1. Name of insured: Homedingo, L.L.C., a Florida Limited Liability Company 2. Fee Simple as shown by instrument recorded in Official Records Book 8736. Page 1000. Instrument No.: 2020100465 of the Public Records of Brevard County, Florida. 3. Title is vested in: Homedingo, L.L.C., a Florida Limited Liability Company 4. The Land referred to in this policy is described as follows: Lot 13, Block 36, Avon By The Sea. according to the plat thereof as recorded in Plat Book 3. page 7. Public Records of Brevard County, Florida Westcor Land Title Insurance Company 31 Park Place Blvd. Suite 210. Clearwater. FL 33759. (321) 214-6694 Issuing Agent: Agent No.: FL1592 Giannell Title, LLC 600 Silks Run. Suite 2270. Hallandale Beach, FL 33009 Agent No:: FL1592 Agent's Signature Giannell Title, LLC: Form ('F6-SCH-A (rev 12./10 (With Florida Modifications) Westcor Land Title Insurance Company OWNER'S POLICY Schedule B Policy No.: OP-25-FL1592-9101604 Agent's File No.: FL20-M433 This policy does not insure against loss or damage. and "Company" will not pay costs. attorneys' fees, or expenses that arise by reason of: 1, General or special taxes and assessments required to be paid in the year 2020 and subsequent years. 2. Rights or claims of parties in possession not recorded in the Public Records. 3. Any encroachment. encumbrance. violation, variation, or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the Land. 4. Easements, or claims of easements, not recorded in the Public Records. 5. Any lien. or right to a lien, for services, labor, or material furnished, imposed by law and not recorded in the Public Records. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Land(s) insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 7. Restrictions, reservations. setbacks and easements. if any. as indicated andror shown on that certain Plat recorded in Plat Book 3. at Page(s) 7. ofthe Public Records of Brevard County, Florida. 8. Existing unrecorded leases and all right thereunder of the lessees and of any person claiming by. through or tinder lessees. 9. Continuing liability for Code enforcement cases E352 and E101 with the City of Cape Canaveral Code Enforcement. 10. Exception 5 is hereby deleted. I I. Mortgage in the sum ofS100.000.00 from Homedingo, L.L.C.. a Florida Limited Liability Company, to William W. Massey, 111, Revocable Living Trust dated May 4, 2020 and recorded May 7, 2020 in Official Records Book 8736. Page 1002, Instrument No. 2020100466 of the Public Records of Brevard County. Florida. Form Of6-.SCH.-B (rev. 12/10 (With Florida Modifications) Attachment 7 June 14, 2021 FROM: Devin Smith TO: City of Cape Canaveral ATTN: Brian Palmer, Code Enforcement SUBJECT: Authorization to Act I, Devin Smith, Trustee for 116 Land Trust, give authority to HomeDingo LLC to apply for a lien/satisfaction on my behalf for the property located at 116-118 Tyler Ave. Kindest Regards Devin R. Smith The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization, this 15 day of June, 2021 by Devin Smith, Trustee of 116 LAND TRUST, who is/are personally known to me or has produced Fla Driv Lic as identification. Witness my hand and official seal in the county and State last aforesaid this 15 day of June, 2021 A.D., Notary Public Print Name: Debra A Peeler My commission expires: 08-19-2021 DEBRA A. PEELER Commission # GG 117037 Expires August 19, 2021 Bonded Thru Troy Fain Insurance 800-385-7019 Attachment 8 Code Enforcement is governed by Chapter 162, Florida Statutes and a myriad of corresponding City Codes which were adopted by Council in furtherance of applicable Florida Statutes including City Code, Chapter 2, Article VI Code Enforcement. Under Florida law, a code enforcement special magistrate has the power to impose civil penalties against code violators. A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. The lien, and corresponding fine, shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed by the City, whichever occurs first. Under certain circumstances the City may choose to enforce the Code Enforcement Lien. In such cases, the City could petition the circuit court to enforce the lien in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. Additionally, after 3 months from the filing of any such lien which remains unpaid, the special magistrate may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. However, when it comes to release and satisfaction of a Code Enforcement Lien, the lien arising from a code enforcement fine imposed under Chapter 162, Florida Statutes runs in favor of the local governing body (city council), and the local governing body (city council) may execute a satisfaction or release of lien entered pursuant to this section. Therefore, although the Code Enforcement Board or Special Magistrate is charged with initiating enforcement and collection of code enforcement liens through foreclosure or money judgement, the City Council is charged with considering any request to release and satisfy a Code Enforcement Lien because such liens run in favor of the governing body. City Council Policy Regarding Satisfaction or Release of Code Enforcement Liens Unlike some municipalities that have no formal written policy regarding requests to release and satisfy code enforcement liens, the City Council had the foresight many years ago to adopt a detailed procedure to process application requests for satisfaction or release of code enforcement liens submitted by persons or entities with an interest in the lien when the applicant is seeking a proposed or negotiated reduction in the payoff amount of the lien. The City Council may alternatively satisfy or release a code enforcement lien by other legal means or in a legal proceeding, but those alternatives do not exist in this case. The current application procedure is set forth in Section 2-260 of the City Code. In summary, the application for release or reduction of lien is required to be submitted to the City Manager, or designee. The application shall be executed under oath and sworn to in the presence of a notary public, and shall include, but may not be limited to, the following: (1) A copy of the order imposing a lien upon the property including the code enforcement case number; (2) The date upon which the applicant brought the subject property into compliance with the City Code; (3) The basis upon which the applicant believes the application for release or reduction of lien should be granted; (4) The terms upon which the release or reduction of lien should be granted; (5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; (6) The reduction in penalty or fine sought by the applicant; (7) A statement verifying whether the applicant was issued any title policy or policies for the subject property encumbered by the lien after the date the lien was recorded in the public records of Brevard County, Florida. If such a policy or policies were issued to the applicant, a copy of any such title policy shall be submitted with the application; (8) Any other information which the applicant deems pertinent to the request, including but not limited to the circumstances that exist which would warrant the reduction or satisfaction of the penalty or fine. Upon receipt of the application and payment of the application fee, the Code Enforcement Division is then required to confirm that the violation, which resulted in the order imposing penalty or fine, has been corrected. If the violation has been corrected and there are no current code violation(s) upon the property in question, the Code Enforcement Division shall place the application and a Staff recommendation upon the agenda of the next meeting of the City Council for a hearing. If a violation exists, the applicant is not eligible to seek a reduction of a code enforcement lien. Whenever a recommendation is made by Staff or decision is made by the City Council to release or satisfy a code enforcement lien under this procedure, the following factors shall be applied by the City in determining the amount of any reduction or release: (1) The amount of any administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board or city to abate a nuisance caused by the violation; (2) The gravity and number of the violation(s); (3) The amount of the requested reduction; (4) The time in which it took to bring the property into compliance; (5) Whether the applicant was responsible for the violation which caused the lien; (6) Whether the applicant is or will be a bona fide purchaser of the subject property and is filing or has filed for a homestead exemption evidencing a desire to reside within the city on a non -transient basis, or whether the property is or will be acquired for investment or other purposes; (7) Whether the applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; (8) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; (9) With respect to a speculator, non -homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the property and the reduction or satisfaction; (10) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; (11) Any previous or subsequent violations of the applicant pertaining to the other properties owned within city, unless an order finding a violation is under appeal at the time of determination; (12) Any relevant information contained in any title policy required to be submitted to the city under this section; (13) Any financial hardship; (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and (15) Any other administrative review criteria relevant to whether it is equitable to reduce or release a lien which are adopted by the city manager, in writing, and are intended to be applied to all applications on a uniform basis. The City Council shall render a final decision on the application based upon the sworn application and any other relevant information or testimony provided to the City Council at the meeting by the applicant, City Manager or any other interested party. Any decision made by the City Council pursuant to this section shall be deemed final and not subject to any further administrative review by the City. Practical Considerations In the overall context of municipal governance, code enforcement lien reduction applications are relatively routine. The City Council is required by law to make code enforcement lien reduction decisions because the lien runs in favor of the municipal governing body. In the City of Cape Canaveral's case, the Council makes these decisions in accordance with the procedure set forth in Section 2-260 unless the lien is subject to some other legal proceeding or the City initiates the reduction and satisfaction on its own. Every application, and corresponding code enforcement lien, has its own story to tell. Council decisions are made on a case -by -case basis, and one -size does not fit all given the balance of different interests that are frequently involved. First and foremost, the intent and purpose of the code enforcement lien process is to deter Code violations from happening in the first place. However, if a violation occurs, code enforcement liens provide the City with leverage to gain and maintain compliance with the City Code. In some cases, however, violators refuse or do not have the means to come into compliance and the lien continues to accrue. In such situations, code enforcement liens can accrue to significant amounts and the amount of the lien may become relatively excessive or become an impediment to compliance and redevelopment of the subject property unless negotiated and reduced by the City. Third parties are then sometimes required to step in and bring the property into compliance and negotiate satisfaction of the lien. Consequently, many times the "story" accompanying the lien and reduction request identifies varying interests that must be considered and balanced by the City when making decisions regarding the satisfaction of code enforcement liens. The City undoubtedly has a financial interest in the lien. However, the City also has other public interests to consider such as gaining and maintaining compliance with the City Code, deterring future Code violations, recovering out-of- pocket expenses related to Code violations, encouraging redevelopment of blighted properties, promoting economic development, and improving property values. Because there is a balance of public interests frequently involved in dealing with specific code enforcement liens, the code enforcement lien process can be used to not only gain code compliance and deter future code violations, but the process can be used to dramatically improve real property within the City by strategically negotiating lien reductions in exchange for good redevelopment opportunities that improve property values and promote economic development. For these and other reasons, the City should know from past experiences that it is not in the City's or public's interests to always take a hard line on recovering the full amount of all code enforcement liens. The decision to reduce a code enforcement lien in the City of Cape Canaveral is based upon and guided by a list of extensive criteria that must be applied so all factors are duly considered and evaluated by the City before it makes a determination on the lien. The existence of criteria is itself an acknowledgment that code lien reduction applications are considered on a case -by -case basis because the City's and public's interests vary from one property to another. Additionally, it would be self-defeating for the City Council and the public to be given the impression that there is an expectation the City should receive the full principal balance on every code enforcement lien given the criteria and the primary goal of achieving and maintaining compliance, and the possibility that lien reductions could encourage redevelopment and improvement of real property. It would be a totally unrealistic assessment of the lien reduction process to expect payment in full because the process frequently involves a balancing of interests and legal considerations regarding the accrual of fines. On the other hand, it is also unreasonable to expect that in every instance the City should capitulate and only expect to recover its hard costs in prosecuting and remedying the underlying code violation. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Rescind Council direction to Staff to draft an ordinance changing alcohol sales hours in the City, as discussed at the June 15, 2021 Regular City Council Meeting. Department: City Council Summary: None. Submitting Council Member: Mickie Kellum Date: 07/06/2021 Attachment: Extended Bar Hours Study 2015 Extended Bar Hours: Dangers for States, Cities, & Communities ALCOHOL JUSTICE The Problem In the last few years, states have introduced legislation to allow on -premises alcohol retailers to remain open beyond current closing times. Typically, retailers seeking extended hours are bars with closing times of 2:00 a.m. Developers, the hospitality and alcohol industries, and some legislators tout this type of change in alcohol regulation as a boon for economic development and tax revenue, but the evidence shows otherwise. This policy change will likely increase alcohol -related harm and burden local communities with costs from responding to that harm. Extending bar hours raises public safety concerns, endangers public health, and pits law enforcement and communities against the well-resourced industries that stand to profit from increasing alcohol availability. Public Health Concerns The findings from domestic and international scientific studies are clear: extending hours of alcoholic beverage sales increases alcohol -related harm? Expanding to later closing times and removing restrictions on hours of sale is associated with increases in alcohol consumption and related problems, including violence, emergency room admissions, injuries, fighting, alcohol -impaired driving, and motor vehicle collisions.2,3,4 Extended closing hours may contribute to an increased incidence of assaults due to increases in drinking or factors associated with more bar patrons.5 Alcohol -related violence that may be experienced includes physical assault, robbery, sexual assault, and child abuse. As for motor vehicle collisions, while increased intoxication likely plays a role, increasing hours in only some jurisdictions may result in higher rates of motor vehicle crashes, as consumers will travel from a jurisdiction with fewer hours to one with greater hours.6 Later closing times may also mean that intoxicated drivers are on the road when drivers begin their morning commutes. Enforcement Concerns Extending bar hours results in an increase in a host of alcohol -related problems that will require adequate law enforcement response and place an increased burden on local agencies. Increases in demand for response impact the time and resources that law enforcement can devote to respond to other problems. Local law enforcement will most commonly handle the response, since many of the problems occur on the streets and in the neighborhoods where bars are located, further burdening already -stretched budgets. Even a minor extension of bar hours can have a visible fiscal impact on local law enforcement. Cape Coral, Florida recently considered extending closing times for eight bars two nights a week, from 2:00 a.m. to 4:00 a.m. For this proposed extension of operation, a total of four hours per bar, per week, the city police department estimated its increased enforcement costs to be approximately $120,000.7 In a community of only 165,000 residents, this estimate represents a significant outlay of funds that will benefit a select few. An Alcohol Justice Fact Sheet I May 2015 1 Community Concerns Later closing times will negatively impact local finances and residents' quality of life. Later closing times for bars results in communities bearing the burden of increased costs to local government. Increased needs for law enforcement will be accompanied by increased demand for safety personnel responding to alcohol -related problems. While later closing times may result in increased business for the bars, much of the tax revenue generated will flow to the state. Moreover, any increased license fees that may be imposed on on -premises retailers seeking to remain open will likely not offset these increased costs. In states where expanded bar hours have been proposed, findings made as part of the legislative process have repeatedly found that local communities would not experience a positive fiscal impact. Extending hours will have a negative impact on residents' quality of life due to increased traffic, noise, litter, graffiti, and public urination. While extended hours may stagger when patrons leave a bar, it also provides all bar patrons more time to consume alcohol. Extended bar hours mean communities will face bar patrons that are more heavily intoxicated for an even wider range of time. For residents, especially those located near on -premises retailers, this will only further negatively impact their quality of life. Political Concerns Big players, including the hospitality industry, late-night/downtown coalitions, the alcohol industry, and individual politicians, stand to gain from extending bar hours. While all of these interests are likely to benefit either directly (e.g. profits, taxes) or indirectly (e.g. political contributions) from increased alcohol sales, benefits are far -removed from residents, families, and youth in local communities. Across the country, lobbyists representing those that profit from the sale of alcohol push state legislators to loosen the laws restricting the hour of sales for on -premises retailers. Often these interest groups come from outside the state, fronted by local businesses. Their message remains focused on promises of vibrant nightlife (tax revenue, jobs, revitalization), not the problems resulting from the extended hours and more available alcohol. However, local communities can successfully oppose these empty promises when armed with data showing the true impact of increased alcohol availability and extended hours. State Legislation Described below are examples of bills proposed by state legislatures seeking to extend operating hours for on -premises alcohol retailers beyond existing closing times. MASSACHUSETTS SENATE BILL 161 AND HOUSE BILL 161 (2015) SB 161 and HB 161 both propose permitting the extending of hours that alcohol may be sold by on -premises licensees. Presently, alcohol cannot be sold by on -premises licensees between the hours of 2:00 a.m. and 8:00 a.m. The proposed change would allow the local governing body in a city or town that is serviced by the Massachusetts Bay Transportation Authority (MBTA) to choose to extend hours of operation beyond 2:00 a.m. for on -premises licensees. Given the reach of the MBTA in the greater Boston area, it is unclear how many communities this legislative change could impact. MICHIGAN SENATE BILL 48 (2015) AND SENATE BILL 247 (2014) SB 48 (2015) seeks to extend bar hours and entirely mirrors SB 247, a 2014 bill that failed to pass. SB 247 would have allowed extension of business hours for on -premises retailers in a central business district to sell alcohol from 2:00 a.m. to 4:00 a.m. Retailers would have been required to receive an extended hours permit. The Senate fiscal analysis for SB 247 could not conclude the extension of hours would have a positive fiscal impact for local government, despite 85% of the $10,000 extended permit fees dedicated to local enforcement efforts. On this point the bill summary stated: An Alcohol Justice Fact Sheet I May 2015 2 The proposed Extended Hours Permit Fund would receive all revenue from the $10,000 annual extended hours permit fees. The Fund would be distributed such that...local police departments would receive $8,500... This revenue would be offset to an extent by the probable need for increased police presence between 2:00 a.m. and 4:00 a.m. in the areas where extended hours permit holders would be located. It is unknown whether the additional revenue from permits would exceed the cost of additional police presence, so the fiscal impact on local governments is indeterminate. CALIFORNIA SENATE BILL 635 (2013) In 2013, the California legislature considered and failed to pass a bill seeking to extend bar hours. SB 635 would have permitted the Department of Alcoholic Beverage Control to authorize on -premises licenses to extend closing time from 2:00 a.m. until 4:00 a.m. The bill required that local government develop plans and make specific findings before the on -premises retailers could apply and receive extended hours. The analysis of SB 635 by the California Senate succinctly describes who truly stands to benefit from extending bar hours. It reads in part: Arguments in Support: ...Proponents contend that SB 635 would enable certain California cities to compete with other world -class cities in attracting tourists, conventions and conferences from around the world. Additionally, proponents emphasize that social and nightlife venues are an economic driver in many communities and they reference the fact that the State's food service and entertainment industry generates billions of dollars in consumer spending and employs well over a million workers making these sectors an indisputable driving force in the State's economy. Arguments in Opposition: Opponents raise numerous health and safety concerns and believe SB 635 will lead to: unintended consequences, quality of life deterioration for adjacent neighborhoods, drinkers driving from areas where bars close earlier to bars with later last calls, late night drinkers sharing the road with early morning commuters, increased DUI accidents and fatalities, and limited budgets and personnel to deal effectively with the extra service calls. Also, opponents cite evidence that shows that two more hours of alcohol sales will nearly double alcohol -related violence, crime, police calls, emergency visits, etc.... COLORADO HOUSE BILL 1132 (2014) In 2014, the Colorado legislature considered and failed to pass HB 1132. The bill would have permitted a local governing body to determine the hours that alcohol could be served for on -premises consumption. While a local government could shorten the hours, it also meant that they could extend service past 2:00 a.m. to 4:30 a.m. The Colorado Legislative Council fiscal note on the local impact found that: Local liquor enforcement costs could decrease if a jurisdiction reduces hours, or increase if a jurisdiction extends allowable hours of operation. Costs and savings under the bill depend on a local government choosing to set specific hours for alcohol sales. Bottom Line While state proposals to extend hours for on -premises licensees may be worded to leave the decision to individual cities, such a choice is a false one. Extending bar hours will result in increased alcohol -related harm and more expenses to local government, the transportation system, and regional or state highway patrol, with the ultimate burden falling on the communities where hours are expanded. Instead, policymakers should continue to maintain existing limits on hours of alcohol sales. An Alcohol Justice Fact Sheet I May 2015 3 References 1. World Health Organization. Global Status Report on Alcohol and Health, 2014. Available at http://www.who.int/substance_abuse/publications/global_alcohol_report/en/. 2. Middleton JC, Hahn RA, Kuzara JL, Elder R, Brewer R, et al. (2010) Effectiveness of policies maintaining or restricting days of alcohol sales on excessive alcohol consumption and related harms. Am J Prev Med. 39: 575-589. Available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3712507/. 3. Hahn RA, Kuzara JL, Elder R, Brewer R, Chattopadhyay S, Fielding J, Naimi TS, Toomey T, Middleton JC, Lawrence B. Effectiveness of Policies Restricting Hours of Alcohol Sales in Preventing Excessive Alcohol Consumption and Related Harms. Am J Prev Med. 2010;39(6):590-604. Available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3712516/. 4. Task Force on Community Preventive Services. Recommendations on maintaining limits on days and hours of sale of alcoholic beverages to prevent excessive alcohol consumption and related harms. Am J Prev Med. 2010;39(6):605-6. Available at http://www.thecommunityguide.org/alcohol/RecommendationsonMaintainingLimitsonDaysandHoursofSaleofAlcoholicBeveragesto- PreventExcessiveAlcoh olCon su mptionan dRelated Ha rms. pdf 5. Rossow The impact of small changes in bar closing hours on violence. The Norwegian experience from 18 cities. Addiction. 2012 Mar; 107(3): 530-537. Available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3380552/. 6. Vingilis E, McLeod A.I, Mann RE, Seeley J. A Tale of Two Cities: The Effect of Extended Drinking Hours in Licensed Establishments on Impaired Driving and Assault Charges. Traffic Inj Prev. 2008; 9(6): 527-533. Available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2693378/. alcoholjustice.org Copyright ©Alcohol Justice 2015 An Alcohol Justice Fact Sheet I May 2015 4 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 20, 2021 AGENDA ITEM SUMMARY • ITEM # 12 Subject: Discuss and provide Staff direction on the use of feather flags and snipe signs. Department: Community and Economic Development Summary: At its June 15, 2021 Regular Meeting, City Council approved Resolution No. 2021-06, which repealed Resolution No. 2020-09 which previously declared a Civil Emergency related to COVID-19. One of the results of this action was to rescind the temporary use of feather flags and snipe signs by City businesses. However, the Council further discussed a need for the continued use of feather flags and snipe signs which led to a vote to extend the use of this signage for an additional 30 days. As this was a temporary extension, Council is requested to discuss and recommend a course of action from the following: 1. Let the current 30-day extension lapse; 2. Direct Staff to prepare another extension via resolution for another limited amount of time for the continued use of feather flags and/or snipe signs; or 3. Direct Staff to prepare an ordinance to permanently allow the use of feather flags and/or snipe signs. Submitting Department Director: David Dickey Date: 07/08/21 Attachment: None Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 07/08/21 The City Manager recommends the City Council take the following action: Discuss and provide Staff direction on the use of feather flags and snipe signs. Approved by City Manager: Todd Morley Date: 07/08/21