HomeMy WebLinkAboutPacket 01-05-2010 WorkshopCity of Cape Canaveral
COUNCIL WORKSHOP MEETING
,NAVERAL LIBRARY MEETING ROOM
A Polk Avenue, West Entrance
Tuesda
January 5, 2010
5:30 PM
V-UV14TM
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
reco r of the proceedings, and for such purpose that person may need to ensuire
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 inadmiissible or irrelevant evidence, nor does it authorize challenges
or appeals not otherwise allowed by law. Persons with disabilities needing
assistance to participate in any of these proceedings should contact the City
Clerk's office (868-1221) 48 hours in advance of the meeting.
105 Poll .Ave nue - Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 Fax: (321) 868-1248
www.cityofcapec-.tnavei.-al.org - email: ccapecanaverad@cfl,rr.com
Construction of
Shorewood
Drive
CAPE CANAVERAL
PLANNING & ZONING BOARD
REGULAR MEETING
AUGUST 9, 1995
A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral,
Florida, was held on August 9, 1995 at the City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Chairman
Barnes. The Secretary called the roll.
MEMBERS PRESENT
Catherine Barnes
Chairman
Steve Roney
Vice Chairman
Beatrice McNeely
Fire Chief
Robert Hoog
City Engineer Representative
Donald Bergen
1st Alternate
John Fredrickson
2nd Alternate
MEMBERS ABSENT
Lamar Russell
OTHERS PRESENT
Leo Nicholas
Council Member
Bennett Boucher
City Manager
David Sargeant
Fire Chief
Jean Abi-Aoun
City Engineer Representative
Michael Gluskin
Public Works Director
Tom Kleving
Building Inspector
Mitch Goldman
Acting City Attorney
Susan Chapman
Secretary
1. Aparoval of Minutes:
Motion by Ms. McNeely, seconded by Mr. Roney to approve the meeting minutes of
July 12, 1995 as presented. Motion carried unanimously.
NEW BUSINESS
1. Preliminary Re -Plat Approval for Sea Era Segundo Lots 1-6 (Replat of Lots
8,9.10 & West 112 of Vacated Alleyway), Block 40, Avon by the Sea -
AApplicant was Suzanne Conry Reed, Owner.
PLANNING AND ZONING BOARD
MEETING MINUTES
AUGUST 9, 1995
PAGE 2,
Mr. Kleving advised that the owner's agent was out of town. He stated that the Ci
engineer had recommended approval of the replat with the stipulation that the si
plan be submitted within six months. Mr. Goldman advised that there were
problems with the submitted deed restrictions. I
Motion by Mr. Roney, seconded by Mr., Hoog to approve the preliminary replat of S
Era Segundo with, the condition that the: site plan be submitted within six month
Motion carried with members voting as follows: Ms. Barnes, for'; Mr. Bergen, for; M
Hoog, for; Ms. McNeely, for; and Mr. Roney, for. 11
Mr. Kleving stated that the city engineer had recommended approval of the replat with
the stipulation that the site plan be submitted within six months. Mir. Goldmar
advised that there were no problems with the submitted deed restrictions, Mr.
Bouchier' advised that he planned to construct six townhouse; units on the parcel O'F
property.
Motion by Mr. Hoog, seconded by Mr. Bergen to approve the preliminary replat of
Cape Villas. Motion carried with members voting as follows: Ms. Barnes, for; Mr.
Bergen, for; Mr. Hoog, for; Ms. McNeely, for; and Mr. Roney, for.
C�. Site Plan AP roval for Shorewood Entrance Road�, (Shorewood Road is located
,n)
North of Villages of Seaport) - Agplicant was John Allen, Allen Engineering, Inc.
Mr,. Allen gave a brief history background on the entranice road to Shorewood
Condominiums. Mr. Allen submitted a map depicting adjacent property ownerships
2! tres Shi r c—'i 11 wvc- I EAMI �k A-�-2*f -�4 Vf4-c-sc r -.;Fr-t�,-ii-,�E x,1Wt4t--R44t*
the Board members, review. M'r. Allen introduced Malcoilm Kirschenbaum, P.A.
for L & L Canaveral Enterprises (L & Q and Jim Borris, representative
for Towne Realty, Inc. Mr. Allen explained that L & L had purchiased the ocean front
Imroperty from the: Pitman's and Towne Realty had purchased property from the
Pitman's and the Eberwein's. Mr. Allen added that L & L had no current plans to
tevelop their property. -
Mr. Allen explained that the private road was located in an easement designed to meet
the City code including requirements of sidewalks,, 100 storm retention, a 66 ft. right
of way from North Atlantic to the proposed Ridgewood Avenue extension, a City
utility (force main) would run along the roadway wh,ich would tie into the Shorewood
condominium, project.
PLANNING AND ZONING BOAR
MEETING MINUTES
AUGUST 91,1995
PAGE 3 1
VAIV I IN V! 11111,411 Mill Mit
Mr. Goldman stated for the record' that Mr. Kohn Bennett, City Attorney, was a famii
member of the contractor (Beniko Construction). I
Motion by Mr. Roney, seconded by Mr. Hoog to approve the site plan for Shorewo
Entrance Road with the following conditions: I
1 light poles shall' be located at the: south edge of the six foot roadway
shoulder.
2. Construction easements shall be provided for the proposed backslope
construct�ion outside the access easement limits,
3. A final lighting plan shall be designed by Florida Power and Light.
4. The: entrance median shall be modified to, provide 20 ft. of unobstructed
roadway. (SFPC 602.6.1).
PLANNING AND ZONING BOAR—W,
MEETING MINUTES
AUGUST 9, 1995
5. The roadway shall be designated as a road deemed necessary for fire
department access and no parking shall be allowed. No parking signs
may be necessary at a later date to be determined by the Fire Chief.
6, No speed bumps shall be permitted on the roadway and shall be a
condition of this permit. Rumble strips are permitted. (SFPC 602.61.1
7. An emergency access, gate shall' be provided at the southeast
intersection allowing access through the Villages of Seaport. It shall' be
marked NO PARKING - EMERGENCY ACCESS ONLY.
Motion carried with members voting as follows: Ms. Barnes, for; Mr. Bergen, for; Mr.
Holog, for; Ms. McNeely, for; and Mr. Roney, for.
4. Recommendation Re: Vacation of 25 ft. Public Easement, Lot 2, Sea Monica
I 5ybldivis,ion. (601 Mon,roe: ..Avenue) - Petitioners were Scgtl & Melinda
M�cCaulley, Owners.
Mr. McCauley advised that the developer should have recorded a 5 ft. easement not
a 25 ft. easement. Mr. Kleving advised that the utility companies and the city
engineer had no objections for vacating the easement.
Motion by Mr. Hoog, seconded by Ms. McNeely to recommend that city council to
approve the McCauley's request to abandon the east 20 ft. of the west 25 ft. public
easement and to preserve the west 5 ft. public easemenit. Motion carried with
members voting as follows,: Ms. Barnes, for; Mir. Bergen, for; Mir. Hoog, for:; Ms.
McNeely, for; Mr. Roney, for.
-
PLANNING AND ZONING BOARD
MEETING MINUTES
SEPTEMBER1995
PAGE 3
I'l-lotion by Mr. Russell, seconded by Mr. Bergen to approve the Siite Plan for Ocean
Heights Townhomes with the condition that proof of ownership of Ocean Woo&
Boulevard be provided before permitting. Motion carried with members voting as
follows: Ms. Barnes, for; Mr. Bergen, for; Mr., Hoog, for; Ms. McNeely, for; Mr.
Russell, for.
Site Plan Approval forShorewood --Condominiums, Section 14, Township 24
Southi, Range 37 East . ... .. Portions of. Government Lots 1 & 3 (601 - 609
Shorewood Drive) - Applicant was John AllenP.E., Aggn.t for Towne Realty.
.Property Owner.
•
UT FTITTer, izMGTe-ffa—n--T1—,(;Ta—r-ffs—W Aealy
to review the site plan submittal.,
Chairman Barnes advised that the City Engineer had recomme!nded approval with two
conditions. Ms. G�lumpher, Representative for Allen Engineering responded that th-
developer would comply with the conditions placed by the City Engineer. Discussion
was held regarding parking requirements and comments from, David Sargeant, Fire
Chief regarding details of the gate system, percentage of green area and paved
surface, water l'ines and retention areas.
Msi. Wheeler, representative of Villages of Seaport Condominium Association voiced
her conce;rnis regarding off-street lighting, roadway easements, an, emergenicy accest
gate, and closeness of the roadway adjacent to the Villages of Seaport. Mr'. Pekar,
City, Engineer and Ms. Gumpher, Allen Engineering responded to her concerns.
Discussion followed.
Motion by Mr. Russell, seconded by Ms. McNeely to approve the Site Plan fo!r
Shorewood Condominiums with the following codons:
Provide 5' access aisles to! handicapped parkinig spaces adjacent to Buildings
F, E and D.
2. Developer, shall acquire all necessary permits/easements for off site
construction.
3. Light poles shall be: located at thie south edge of the six foot roadway shoulder.,
4. Construction easements shall be provided for the proposed back slope
construction outside the access easement limits,.
PLANNING AND ZONING BOAR
MEETING MINUTES
SEPTEMBER 13, 1995
P, P a I
5. A final lighting plan shall be designed by Florida Power and Lighm
6. The entrance median shall be modified to provide 20 ft. of unobstructed
roadway. (SFPC 602.6.1).
7. The! roadway shall be designated as a road deemed necessary for fire
department access and no parking shall be allowed. No parking signs may be
necessary at a later date to be determined by the Fire Chief. (SFPC 602.6.5
and: 603.6.2).
1. No speed bumps shall be permitted on the roadway and shall be a condition of
this permit. Rumble strips are permitted. (SFPC 60,2.6.1 and 602.6.2).
1. An emergency access gate shall be provided at the southeast intersection
allowing access, through the Villages of Seaport. It shall be marked NO
PARKING - EMERGENCY ACCESS ONLY.
Motion carried with members voting as follows: Ms. Barnes, for; Mr. Bergen, for; Mr.
Hoog, for, Ms. McNeely, for; and Mr. Russell, for.
5. Site Plan Approval for the Cape Canaveral Library Addition, Section 23�,
Township 24 South, R.:i-East, Lots 4, 5 & Portions of Lots 6, 12, 13 &
14, Block 47, Avon by the Sea (7400 Poinse!tta Avenue) - Applicant was
Joseph Visley, Facilities Director of Brevard County,
Mr. Cowell, Vice President of Stottleir, Stagg & Associates advised that within two
weeks th!is project would be going out for bid and should be under construction in
November at the very latest. Mr. Cowell advised that Brevard County was attesting
the engineering fees charged by Dyer, Riddle, Mills & Precourt because they believed
they were excessive and requested that the Board approve the site plan with the
condition that the engineering fees be satisfied prior to the certificate of occupancy
being issued., Mr. Morgan added that it was in the best interest of the City to move
this project forwardl. The Board members reviewed the submitted site plan.
Discussion followed.
Motion by Ms. McNeely, seconded by Mr. Russell to approve the Site Plan for the
Cape Canaveral Library Addition. Motion carried with members, voting as follows:
Ms. Barnes, foir; Mr. Bergen, for; Mr. Hoog, for.- Ms. McNeely, foir; Mr. Russell, for.
Chairman Barnes called a ten minute break at 8:40 P.M. The meeting reconvened at
8:50 P. M.
City Council Meeting Minutes
February 6, 1996
Page 3
Mayor Porter stated that many people have been required to comply with the ordinance
just last year; and that the impetus for enforcement is based on the city's endeavor to
improve the aesthetic value of the city. He related that our city engineers have
recommended in conjunction with the beautification study the city requested, is to
consider a more stringent sign ordinance. To relax size and setback requirements would
be unconstructive in the city's attempt to improve its aesethic image. Council consensus,
4-1, Mr. Nicholas dissenting, was to retain the current sign ordinance.
7. Mayor Pro Tem Randels expressed concern that small restaurants wanting to serve wine
to their patrons with dinner are excluded. He maintainer) that a 50 -seat requirement is too
demanding in that it would require a larger building, more parking spaces and command
exorbitant impact fees. Council discussion clarified that this ordinance was adopted to
regulate the number of bars which could operate within the city. It was further
determined that it appears unjustified to preclude small full-service restaurants from
serving beer and wine, such as Mona's, located at the Sun Seed Co-op.
Mr. Nicholas stated that this ordinance should have its original justification scrutinized
the same as the sign ordinance. Mr. Bruns expressed concern that people have been
denied licenses or did not pursue their businesses in Cape Canaveral because of the
ordinance and the proposed slackening of the ordinance may not be just to those people.
Mr. Leonard Focarelli, a resident, commented that it is almost impossible for a
restaurant to provide a 50 -seat capacity in Cape Canaveral and comply with building
codes.
Council consensus, 3-2, Mr. Bruns and Mr. Nicholas dissenting, was to refer Section
110-171(2), Establishments Serving Alcoholic Beverages to the Planning and Zoning
Board for consideration and recommendations for criteria to allow small full-service
restaurants to serve beer and wine.
RESOLUTIONS:
8. Mayor Porter read Resolution No. 96-07 by title.
A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF CAPE
CANAVERAL, FLORIDA, TO OFFICIALLY NAME SHOREWOOD DRIVE.
A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve
Resolution No. 96-07, naming Shorewood Drive. Resolution No. 96-07 was approved
5-0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor
Porter, For; and Mayor Pro Tem Randels, For.
9. Mayor Porter read Resolution No. 96-08 by title.
Meeting Typc: Regular
Meeting Date: 216196
AGENDA REPORT
CITY COUNCIL OF THE CI'T'Y OF CAPE CANAVERAL
AGENDA
Heading
19CM
Nn.
8
SUBJECT: THE NAMING OF SHOREWOOD DRIVE
DEPT./DIVISION: BUILDING/ADMINISTRATION
Requested Action:
That the City Council adopt this resolution to name Shorewood Drive.
Summary Explanation & Background:
Brevard County Address Assignment has requested that the City adopt this resolution naming Shorewood
Drive so that it can be recorded in the Official Records Book of the Clerk of the Circuit and County
Courts.
I recommend approval.
Exhibits Attached:
Resolution/Property Survey and Legal Description
City Man!gFiOffice �� Department Building/Admin.
Apvda.Ur (I.94)
RESOLUTION NO. 96-06
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, TO OFFICIALLY NAME SHOREWOOD DRIVE.
WHEREAS, the City of Cape Canaveral, Brevard County, Florida has been requested
to name the following described private access:
that:
Naming Shorewood Drive, located in Section 14, Township 24 south, Range 37
East, Brevard County, Florida, as indicated on the attached map marked "Exhibit
A," and:
NOW, THEREFORE, BE IT RESOLVED by the City of Cape Canaveral, Florida,
1. The name Shorewood Drive be adopted for the name of the above described
private access.
2. By naming the private access, the City of Cape Canaveral in no way accepts
maintenance responsibilities for said private access.
3. It shall be the property owners responsibility to place the appropriate street sign(s)
and keep said private access clear and accessible for emergency vehicles.
4. This Resolution be recorded in the Official Records Book in the office of the
Clerk of the Circuit and County Courts, and a copy of same be forwarded to the.
Post Office serving that area, Supervisor of Elections and all concerned public
safety agencies for their information, and that the proper notations be made on
all maps of record.
41
10
VICINITYMAP
SKETCH TO
ACCOMPANY
DESCRIPTION
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PREPARED UNDER MY DIRECTION, IN ACCORDANCE WITH ALL APPLICABLE
REQUIREMENTS OF THE "MINIMUM TECHNICAL STANDARDS,' FOR LAND
SURVEYING 1N THE STATE Of" FLORIDA, DESCRIBED IN CHAPTER 61C17-6,
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FLORIDA AOMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027. FLORIDA
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, FLORI P FESSION SURVEYOR No. 4262
3
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DATE. 04-07-95 DRAWN 11Y., OXI�
M�LIo4 O� n , WNE REALTY
IS!lNNu u lul lr�l
JOB N0. 930110.1 SCALE 1'400'
a
q .
DESCRIPTION
NOT A BOUNDARY SURVEY
DESCRlPPON.•
A parcel of land lying in Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being
more particularly described as follows;
Commence at the Northwest comer of Government Cot 1 of said Section 14; thence 541;29'01"E along the
Westerly line of said Government Lot 1, a distance of 992.02 feet, to the Northwest corner of the South
330.00 feet of said Government Lot 1, and the POINT OF BEGINNING of the herein described parcel; thence
continue, SO!'29'Of"E, along laid Westerly line and its Southerly extension, a distance of 528.14 feet,
to a point on the Northerly line of fonds described in Deed Book 177, Page f16 of the Public Records
of Brevard County, Florida; thence S8945'43'W, along the Northerly line of said lands, a distance of
456.45 feet, to the Northwest corner of said fonds, thence 500.26'53'W, along the Westerly line of said
funds, a distance of 102.77 feet, to a point on the Northerly fine of The Villages Of Seaport, A
Condominium, as described im Official Records book 2598, Page 135 of the Public Records of Brevard
County, Florida; thence S89'52'21'W, along said Northerly line, a distance of 859.27 feet, to a point
on the Easterly line of the Soulh 20 acres of the North 25 acres of the Southeast one-quarter of the
Northwest one-quorter of said Section 14; thence N0V29'01'W, along said Easterly line, a distance of
134.55 feet, to the Northeast corner'of said South 20 acres; thence S6745291W, along the Northerly
line of said South 20 cores, a distance of 1,274.14 feet, to a point on the Eosfo4 right of Way line
of State Rood 401 (a 60.00 foot wide right of way); thence N06'57 JO'E: along said Easterly right of
way line, a distance of 100.79 feet to a point lying 000.00 feet North of by right angle measurement,
of the Northerly line of said South 20 acres thence N694529'E, earallel with and 100.04 feel North
of said Northerly fine, a distance of 150.00 feet; thence S00'14'31 E, a distance of 34.00 fee(, to a
paint fymg 66.00 feet north of, by right angle+ measurement, the Northerly line of said South 20 acres,
thence N89'45 29'E, parallel with and 66.00 feet North of the Northerly line of said South 20 acres,
a distance of 1,293.14 feet; thence S475079'E. a distance of 100.00 feet, to o point lying 66,00 feat
North of, by right angle measurement, the the Northerly line of said Villages Of Seaport; thence
N89'52'21't ; parallel with and, 66.00 reef north of said Northerly line, a distance of 489.24 feet;
thence N58'58'12'E a distance of 200.00 feet, to a point lying 66.00 feet North of, by right angle
measurement, the Northerly rine of said lands described in Offrcial Records..Book 177, Page 118; thence ..
fV89'45'43"E' parallel with and d6.00 feet north 'of said Northerly line, a distance of 380.57 feel, to
the point of curaature of a curve, concave Northwesterly, having a radius of 35.00 feet and a central
angle of 91'14'44'; thence Northeasterly, along the arc of said curve to the left, a distance of 55.74
feet, to a paint of tangency and a point lying 66.00 feel West of the Southerly extension of the
Westerly line of said Government Lot 1; thence N0P29'0f"W, parallel with and 56.00 feet West of the
Westerty line of said Government Lot 1, a distonce of 426.47 feet, to a paint on the Westerly extension
of the Northerly line of the South 330.00 feet of said Government Lot 1; thence N8946'.73 -E, along said
Westerly extension, a distance of 66.02 fee(, to the POfNr OF BEGINNING.
Containing 5.32 acres, more or fess.
i
SURVEMR S NOTES;
f. Tuts !S Nor A SURVEY.
2. The bearings shown 'hereon are based on published coordinates for Florida
Department of Na(urol Resources Coastal Construction Contra! Line reference
monuments 70-80-Af and 70-80-A3 State Plano Coordinates, Florida East Zone.
J. 0 Oenotes a change in direction (no corner found or set).
SEF SHEET 1 OF 2 MR SURVEYOR'S CER77RCA770N.
SHEET 2 OF 2
LL
UNngineneering,Inc.
SURMORS - ENGRi6ERS
He 9031 LM (PAMI 321721)
Man t �6u� 1[nam11��7 sz-sm
I. J R£V15E DESCRIPAON 4-10-95
3
2• PREPAR D AND CERTlFI£0 FOR: �
M jj (o a TOWNE• REAL rY a
J08 NO. 930110.1 t7ATE.- 04-07-95 ��" "°.__�� Q
PLANNING & ZONING BOARD
MEETING MINUTES
FEBRUARY 12,1997
PAGE
DISCUSSION
1. Discussion Re: Utilities located on Shorewood Drive.
Mr. Moran advised that he had received two requests from City Manager Boucher to
determine if utilities located on Shorewood Drive should have been located above or
below ground. Mr. Moran had researched the city files. His research revealed that the
only code section that required utilities to be located underground was in Section 110-
443, Residential Planned Unit Development (RPUD); there were no stipulations noted
on the approved site plan; and no mention in any city records that the city required the
utilities to be installed underground.
Mr. John Allen, project engineer, gave a history background of the approved site plan of
Shorewood Drive. He believed that the City approved the site plan for overhead
utilities since there were no requirements to install the utilities underground. He added
that the developer had briefly considered underground utilities; however, research
revealed that it would cost an additional $70,000 to bury the utilities and due to the
temporary nature of the roadway and since the city had no requirements to bury the
utilities, the developer had decided to install the utilities above ground.
Discussion followed regarding the possibility of requiring underground utilities be
installed on new future developments. City Attorney Bennett advised that the city
would need to write a new ordinance.
After discussion, by consensus of the Board members, there had been no stipulation
requiring underground utilities on Shorewood Drive and the roadway had been
properly constructed as per the approved site plan. Chairperson McNeely asked the
Board Secretary to add a discussion item on the next meeting agenda to discuss
consideration to require underground utilities, and Mr. Moran advised that he would
include other cities' requirements for underground utilities in the next meeting's Board
packets.
2. Discussion Re: Cha ter 110 Section 110-332 Principal Uses and Structures
ParagEaRhM and Section 110-336 Area and Dimensions Relating to
Requirements for Hotels and Motels.
Mr. Berger asked the Building Official for his interpretation of the intent of Ordinance
11.0-332. Mr. Moran responded that his interpretation was that the city did not allow
motels and hotels to be less than 150 units.
Mr. Berger advised that motel owners were interested in coining into the city and most
of their concepts were less that 150 units.
Additional
Information
Related to the
Beach Access
Easement
Planning & Zoning Board
Meeting Minutes
December 11, 2002
Page 3
Motion Re. Site Plan of Villages of Seaport - Village 7 - Scott NickleBassen Mayer
Em-yincerinProiect I2ineer.
Mr. Todd Peetz, City Planner advised that there were two issues remaining to be resolved for this
site plan. The first was a binding developers agreement addressing the requirement for public
beach access, Mr. Peetz advised that the developer's idea is to utilize Shorewood Drive when it is
turned over to the city as a public road along with the Northern boundary of Villages property for
beach access; the second was a fire safety concern modification to Village 6 access which was
changed to accommodate drainage requirements for Village 7. Assistant Fire Chief, John
Cunningham explained that originally Ridgewood access came through Villages, there was an
access road through Villages 6 (Bldgs. 63, 64 & 65). With Village 7 coming into effect the
access road was removed, He advised that the fire department had a problem now with
emergency access because the Toad is only 12 ft. wide. The: fire department subsequently has
made the developer provide access in between the buildings to give thews access, to the inside
buildings without needing to travel on the non-confori-ning road. Mr. Cunningham advised that
the new plan meets the fire department's requirements. He stated that he has his requirements in
writing and has the commitment in writing. He explained that basically the agreement states that
the developer will flOt Occupy buildings 63, 64 & 65 in Village 6 until the road between the
buildings is in service and rnects the fire department's requirements. Building Official Reid
advised that the two attachments that Mr. Cunningham was referring to has not been furnished to
the Building Official and he had nothing in writing however, if the fire department is satisfied
with emergency access then the building dept. is satisfied. Mr. Peetz advised that Village 6 needs
to come back to the Board fora revised site plan approval. Discussion followed regarding the
revisions to Village 6, Building Official Reid noted that a construction drawing should be
attached as an exhibit to the developers agreement regarding the future public beach access.
Mr, Pat Salarnone verified that no building permits would be acquired for Village 7 until the fire
access requirements for Village 6 are completed. Discussion continued,
Motion by Mr. Russell, seconded by Mr. Nicholas to approve the Site Plan of Villages of Seaport
- Village 7 with the following contingencies:
A developers agreement shall be approved by City Council for public beach
access that would include all pertinent conditions, and stipulations to include
handicap accessibility and construction drawings,
Drawings shall be submitted showing the relationship between Phases 6 and 7
with respect to fire access.
l'ire access modifications to Phase 6 shall be completed prior to building permits
being issued for Phase 7 and prior to the Certificate of Occupancies being issued
for Phase 6.
Brief discussion followed for clarification. Mr. Salarnone agreed to the contingencies of
approval. Vote on the motion carried unanimously,
3. Recommendation to the Board of Adjustnj!ent ]KqL. Special Exception Request No. 02:.1 I
to Allow Residential Use in the C-1 Zoning District. Block 19 Lots 5-8 and 12-16,
Corner of" Madison and Monroe Avenues - Norm Boucher, Petitioner.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 21, 2003
Page 9
City Clerk
• Ms. Stills inquired if Council was ready to set a workshop date and time to continue
the Code Review meetings. Council scheduled a City Code Review Workshop
meeting Tuesday, February 4a', at 5.00 p.M.
City Attorney
• Attorney Garganese referred to his report distributed for Council's
consideration. The report included the sidewalk impact fee ordinance, a chart that
summarizes Board residency or registered elector requirements in other
municipalities and a legal opinion regarding fireworks on beaches. From the legal
opinion the City may prohibit fireworks on its beaches and also can adopt a
reasonable permitting scheme pursuant to Chapter 791 Florida Statutes.
Enforcement would be an issue for the Fire Chief however the authority is at hand
for consideration at a later date. Also, included in his report is a legal opinion
regarding the constitutionality of the City solicitor ordinance. In the case for the
Watchtower Bible and Tract Society of New York versus the Village of Stratton the
U.S. Supreme Court found that the door-to-door solicitor ordinance was
unconstitutional because it required religious and political solicitors to acquire a
permit and that requirement is not allowed under the U.S. Constitution. The Village
could still impose reasonable restrictions on commercial speech in the solicitation of
funds but not religious organizations or political campaigns. Attorney Garganese
stated that the City code required clarity in that religious and political solicitors do
not need to obtain a permit. Attorney Garganese replied to Mr. Morgan that the
term religious organization is broadly defined.
• Attorney Garganese also reported on development agreement and public beach
access easement for the Villages of Seaport. This is an imposed requirement by
the Planning and Zoning Board. The agreement and easement were forwarded to
Mr. Salamone for consideration however no comments have been received to date.
Attorney Garganese replied to Mr. Morgan's question that the Comprehensive Plan
requires secure and public beach access. He explained that the property abuts a
private driveway and the development agreement stated that when that private
driveway is conveyed dedicated to the City then the developer will sign, execute
and grant the public access easement that extends from the roadway to the beach.
At this time, the public does not have access.
• Attorney Garganese received an E-mail regarding Chap. 63-1196 regarding the
City incorporation date. City Attorney stated that Section I of the Law of Florida
reads that the present municipal corporation of the City of Cape Canaveral in
Brevard County, Florida is hereby abolished. He volunteered to research the first
law that incorporated the City.
AUDIENCE TO DE HEARD:
• Mr. Gene Petre inquired about the procedure for no -parking signs on City streets.
Mayor Randels stated that a call to the City Manager would help to install a sign.
Mr. Petre asked why parking is prohibited on both sides of the street on Chandler
City of Cape Canaveral, Florida
City CouncH RegWar Meeting
March 4, 2003
Page 4
drains. Mr. Stipanovich responded that his staff has been instructed to Uow the grass back
toward the property and not into the storm, drains. This is the fourth annualrenewal of the
contract.
A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve the
Renewal of the Landscaping and Mowing Service Agreement with Nick's,
Landscaping in the Amount of $102,940.44. The motion carried 5-0 with voting as
follows: Mr. Hoo,•1, For; Mir., Morgan, For; Mayor Pro Tem Pletsos, For, Mayor
9
Randels, For and Mr. Treverton, For.
6. Proposal from J & S Curb/ Concrete for SR Al A Sidewalk and Drainage
Improvements.
Mr. Ga!rdulski stated that J & S Curb was quoted considerably lower in light of the blanket
purchase option. Mayor Pro, Tern Petsos expressed concern with acquiring a contractor
and then dispensing the bid to go out for quote. He requested to see the City use the bid
process in light of an upcoming project. Mayor Pro Tern Petsos also inquired about the
$19,200 cost for drainage improve ments. Mr. Gardulski explained that sidewalk
construction was restricting the flow of drainage and pipe is need under the sidewalks. Thl-P
Florida Department of Transportation requires dralinage improvements for the penniffing
process.
A motion wa!s made by Mr. Morgan and seconded by Mr. Treverton to Approve the
Proposal to J & S Curb/Concrete for SR Al�A Sidewalk and! Drainage Improvements
in the Amount of $32,098. The motion carried 5-0 with voting as follows: Mr., Hoog,
For; Mr. Morgan, For; Mayor Pro, Tem Petsos, For, Mayor Randels, For and Mr.
Treverton, For.
M 4 Nin 1-114M 01 di idq a WTA top.] E;m 0-3 11 L74 it
Mayor Randels inquired why the easement would be done contingent until the dedication
of public access. He also pointed' out that the lands,caping requires a large amount of work
on the City's part. Ms. Bea McNeely, Planning and Zoning Board Chair, stated that the
City could not take a dedicated road and make a connection to a destination that does not
belong to the City. Ms. Shannon Roberts expressed concern on behalf of Solana residents
with the congestion due to vehicular as well as pedestrian traffic. She asked if public
access is ineeded between Solana and Shorewood? Mr. Treverton related the resistance
from the developers to provide any public beach access in that area and related where
beach access was lacking. Attorney Garganese explained; that the City would accept the
site plan review and take possession of the easement and Item 7.0 would authorize the
City to provide a crossover. Mr., Tom Garboski states that Shorewood owns the right-of-
way however Mayor Randels clarified Towne Realty owns the property. Mr, Bill Craig
expressed that he had no problem with the easement however his concern is with security
in that there were no requirements in the agreement for a fence. Attorney Garganiese
City of Cape Canaveral, Florida
City Council Regular Meeting
March 4, 20103
Page 5
stated that an amendment could be made to the development agreement. Mr. Pat
Salamone agreed that the developer would install'the requested fence. Discussion
followed on how the residents in the area would acquire access to the beach.
Attorney Garganese stated that the developer can only give what is his however there is
an additional part to consider regarding the Towne Realty portion to acquire! beach access.
Qi
'A 0
01 0
Mayor Randels read Ordinance No. 02-2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE
SECTIONS 1!10-334 & 110-383; ADOPTING A NEW SECTION: I1a-556; PROVIDING FOR
SUPPLEMENTARY REGULATIONS FOR VEHICLE RENTAL FACILITIES WITHIN THE C-11
& C-2 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE,
Council removed this item from the table for discussion. Mr. Keith Duncan, of Hertz
Agencies, asked if the existing agencies would be grand -fathered in, Attorney Garganese
clarified that- 1) this ordinance does not affect any conditions already applied through
previous special exceptions, and 2) the intent of the ordinance would apply to the new
establishments, Attorney Garganese recommended language that clearly states, "these
conditions apply to any special eix�ceptions granted after the effective date of thiis,
Prepared by and return to:
Anthony A. Crarganese, Esq.
City Attorney, City of Cape averal
Brown, Ward, Salzman & Weiss, P.A.
P.O. Box 2873
Orlando, Florida 32502-2873
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PERPETUAL PUBLIC BEACH ACCESS . •D°
EASEMENT AGREEMENT
This Grant of a Public Beach Access Easement Agreement (hereinafter "Agreement") is made
this day of %MkLr—/V-N 2003, by THE SEAPORT OCEANFRONT
CONDOMINIUM ASSOCIATION, INC, (hereinafter "Grantor"), in favor of the CITY OF
CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, (hereinafter called "Grantee").
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain real property in the City of
Cape Canaveral, Brevard County, Florida, which is more particularly described and depicted in
Exhibit "A" attached hereto, and by this reference fully incorporated herein ("Property"); and
WHEREAS, Grantor's Property lies adjacent to the Atlantic Ocean, and
WHEREAS, for the benefit of the public and in accordance with a Development Agreement
between the parties, dated March 4, 2003 ("Development Agreement"), Grantee desires to accept
the access to, and use of, the Property; and
WHEREAS, Grantee believes there is a public need for the use of the Property to provide
public access to the beach along the Atlantic Ocean and that said access is required by the City's
Comprehensive Plan; and
NOW, THEREFORE, in consideration ofthe enumerated public purposes stated herein, and
the mutual covenants, terms, and conditions and restrictions contained herein, together with other
good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor
provides as follows:
Recitals. The foregoing recitals are acknowledged to be true and correct and by this
reference are hereby incorporated into this Agreement as if fully set forth herein.
2. Grant of Easement. Grantor hereby voluntarily grants and conveys ' to Grantee, its
successors and assigns; on behalf of the public, a perpetual five (5) foot access easement over,
under, and across the Property of the nature and character and to the extent hereinafter set
forth ("Easement"). The said grant of Easement includes the public's right to use the
Property for ingress and egress to and from the beaches along the Atlantic Ocean.
EXHIBIT "B"
Purpose of Easement. - This Easement is granted in accordance with the terms and
conditions of the Development Agreement between the Grantor and Grantee and is for the
express purpose of allowing the public to have perpetual use of the Property for a pedestrian
only walkway for ingress and egress to the beaches along the Atlantic Ocean.
4. Maintenance and _Compensation. Grantee shall be responsible for all costs associated
with the maintenance and upkeep of the Property. Grantor shall be responsible for all costs
associated with property taxes and assessments upon the Property. There shall be no
compensation between the Grantor or Grantee for this Easement other than as provided
within the Development Agreement, if any.
5. Public Use. Grantor agrees that the Property shall be dedicated for public use under the
terms and conditions of this Easement and during normal hours of operation of City owned
parks and beach access areas. Grantee and members of the public shall have access at all
reasonable times in order to effectuate the intent and terms of this Easement Agreement as
well as the Development Agreement.
6. Posting Sinn. Grantor agrees to allow Grantee to post an informational sign at the entrance
of the Property which states that the Property is available for public ingress and egress to the
beaches along the Atlantic Ocean. The sign shall further provide the times per day with which
the walkway is open to the public. The location, design and content of such sign shall be
provided by the Grantee.
7. Improvements to Property.' Grantee shall have the right at its expense to construct and
maintain improvements on the Property that are compatible with a pedestrian walkway
including, but not limited to, a wooden walkway, lighting, fencing, landscaping, trash
receptacles, directional signage, drinking fountains, and ancillary utilities.
Grantee's Right of Eniry. Grantee is hereby granted the right of entry onto the Easement
Property for purposes of determining Grantor's compliance with this Easement and exercising
Grantee's rights under this Easement.
9. DuIy Not to Overburden Easement, Grantor and Grantee agree that they, individually
and/or jointly, shall not surcharge or overburden the Easement and the use of the Easement
Property as provided hereunder.
10, Remedies For Default. The parties agree that, in the event of default, there may not be an
adequate remedy at law and, therefore, the aggrieved parry shall be entitled to seek injunctive
relief, including a mandatory injunction.
i
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11. Easements Run with the Land. This Easement shall remain a charge against the Property.
Therefore, this Easement shall "run with the land" and be automatically assigned by any deed
or other conveyance conveying a portion of the Property relating to this Easement, even
though the conveyance makes no reference to this Easement as such.
12. Attorneys' Fees. In the event of any legal action arising udder this Agreement between the
parties, the prevailing party shah be entitled to an award of reasonable attorneys' fees, court
costs and expenses, through all administrative, trial, post -trial, and appellate proceedings.
13. Liability, To the extent permitted by law, and without waiving Grantee's right to sovereign
immunity, each party to this Easement shall be responsible for any and all claims, demands,
suits, actions, damages, and causes of action related to, or arising out of, or in any way
connected with its own actions and omissions, and the actions of its personnel and agents, in
performing their obligations and responsibilities under this Easement.
14. Recordation. Grantee shall record this instrument in a timely fashion in the Official Records
of Brevard County, Florida and may re-record it at any time as may be required to preserve
its rights in this Easement.
15. Successors. The covenants, terms, conditions, rights, and restrictions ofthis Easement shall
be binding upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors and assigns and shall continue as a servitude running in
perpetuity with the property.
16 Sovereign Immunity. Nothing contained in this Easement shall be construed as a waiver
of the Grantee's right to sovereign immunity under Section 768.28, Florida Statutes, or other
limitations imposed on the Grantee's potential liability under state or federal law.
17. Modification. This Easement shall only be
modified by a written instrument executed by
the parties hereto.
lH�l1��r��11�1 1f 1f 1f
_ cFN:200308e982
111111
OR�gan�as�: 4860 12084
[Left blank intentionally, execution on following pages.]
3
IN WITNESS WHEREOF, Grantor and Grantee have set forth their signatures on the day
and year written below.
Witnesses: GRANTOR:
THE SEAPORT OCEANFRONT
CONDOMINIUM ASSOCIATION, INC,
Print Name: W14-14, PR G✓ a Florida, corporation,
Print Name: By
NamelTitle P,Qe��_�y5 sacs
STATE OF
COUNTY OF Q.f.Va QDL
The foregoing instrument was acknowledged before me this 1 day of lYi A4_ 11_
2003 by FLA&c .tz of The
f Seaport Oceanfront Condominium Association, Inc., a Florida corporation, who executed the
foregoing instrument and acknowledgpd before me that he/she executed the same for the uses and
purposes therein expressed and who is personally known to- me or ❑ who has produced
j as identification and who did not take an oath.
• L.L. .
(NOTARY SEAL)Not�try
�� lic�ignaMkd'jU__--'
.Typed or Printed Noary Name
Comrnfuio # Gardner Typed
Eaprres �tpr, O X34 Notary Public -State of
•�°;
Atlantic 003
°B� Commission No.: 22 4 $ g
� 170,, Inc.
My commission expires: 44 N /off
wem�,a. �4%0 i 2085 �
4
Witness
Print Name:
Print Name: Kp� , ,i . o, �f s
STATE OF FLORIDA
COUNTY OF BREVARD
GRANTEE:
CITY OF CAPE CANAVERAL,
a Florida municipal corporation
By: CR o ��
Rocky Randels
Its Mayor
The foregoing instrument was acknowledged before me this -X* day of
2003 by ROCKY RANDELS, Mayor of the City of Cape Canaveral, .® who is per onally known to
me and M who did not take an oath.
.
MY COMMISSION b UD 012M
EXPIRES: March 27 2005
sandiennrNchryNbucUndwwrh�s
��.M.° 4°860 ,zoos
Notary Public Signature
Typed or Printed Notary Name
Notary Public -State of Florida F� _
Commission No.: Ab Qlj=3 �i
My -commission expires:A&-eF,. Leo<
F.0mNCity D Cape CanavuallVillages of SeaportlVillag6_oP SeapoR $ascrnent_Final,wpd
I
5
Jeb Bush
Governor
Department of
Environmental Protection
TO WHOM IT MAY CONCERN
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
February 18, 2003
Request for Public Comment
File Number: BE -1074
Applicant: PNL Asset Management, L.P.
David B. Struhs
secretary
You are hereby notified that the Department of Environmental Protection is considering the referenced
application for a coastal construction control line permit, pursuant to Section 161.053, Florida Statutes,
for the construction of four, five -story, 40 -unit condominium Buildings, swimming pool, pool deck,
associated parking area and other ancillary activities. A copy of the plans is enclosed.
The proposed project is located approximately 200 feet to 600 feet south of the Department of
Environmental Protection's reference monument R-3, in Brevard County, and is within the local
jurisdiction of the City of Cape Canaveral. Project address: North Atlantic Avenue, Ridgewood
Avenue, Villages of Seaport, Cape Canaveral.
This public comment notice is being distributed in order to assist the Department of Environmental
Protection in developing facts on which to base a decision on the permit application. For accuracy and
completeness all comments should be submitted in writing with supporting data, evidence, or rationale
to furnish a clear understanding of the basis for the comments. The decision as to whether a permit will
be issued will be based on an evaluation of. (1) The design adequacy of the proposed construction.
(2) The expected impact of the proposed construction to the beach/dune system. (3) The expected
.impact of the proposed construction to adjacent properties. (4) The expected impact of the proposed
construction on lateral public beach access. (5) Appropriate siting of the proposed construction with
respect to local setback, zoning restrictions, and maximum usage of upland portions of the property.
(6) The expected impact of the proposed construction on nesting sea turtles and hatchlings and their
habitat.
Comments should be submitted within fourteen (14) calendar days after the date of this notice to
Srinivas M. Tammisetti, P.E., the Florida Department of Environmental Protection, Bureau of Beaches
and Wetland Resources, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399.
Plans for the proposed work may be seen at the office of the Bureau of Beaches and Wetland Resources
at 5050 West Tennessee Street, Building B, Tallahassee, Florida.
SMT/jg Q)
Enclosure
"More Pr oMction, Less Process"
Pfime on regded paper.
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The Seaport
Oceanfront
Condo
Development
Agreement
Prepared by and return to: CFN:2003088981 03-27.2003 08:49 am
Anthony A. Garganese, Esquire OR B0oklPage: 4560 /, _ 2074
City Attorney of Cape Canaveral -
Brown, Ward, Salzman & Weiss, P.A. 'Scott Ellis
Past Office Box 2873 1 Clerk of Courts, Brevard County
Orlando, Florida 32802-2873 #Pgs: g #Names: 2
(407) 425-95b6 Trust; 4.50 Ree: 33.00 5erv: 0.00
--A• 0.00 Sxclse: 0.00
DEVELOPMENT AGREEMENT �9' 0'00Int Tax: 0.00
TEEMS DEVELOPMENT AGREEMENT (herein referred to as the "Agreement"),
made and executed this 4th day of March, 2003, by and between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (hereinafter referred to as "City"), whose
address is 105 Polk Avenue, Cape Canaveral, Florida 32920, and THE SEAPORT
OCEANFRONT CONDOMINrUM ASSOCIATION, INC, aFlorida corporation (hereinafter
referred to,as "Owner"), whose address is.
WITNESSETH:
WHEREAS, Owner owns certain real property located along the Atlantic Ocean
within the City of Cape Canaveral, Florida, as legally described herein; and
WHEREAS, Owner desires to construct a condominium project on the Property
called Villages of Seaport -,Village 7; and
WHEREAS, Sections R-1.1 and CM 9.3 of the Comprehensive Plan of the City of
Cape Canaveral provide that the City shall continue with its efforts to obtain public beach
access and to enforce public access to beaches; and
WHEREAS, the City desires to obtain and Owner desires to provide beach access
across Owner's property in compliance with the City's Comprehensive Plan; and
WHEREAS, the parties acknowledge, however, before full public beach access can
be provided, the City must obtain additional access from a third party along the northern
boundary of the Property (Shorewood Drive) or at some other abutting location; and
WHEREAS, it is the intent of the parties to convey the Public Beach Access f!L",
Easement upon the effective date of this Agreement even though full public beach access has
not yet been obtained by the City; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this
Agreement is consistent with the City's Comprehensive Plan as well as the City Code of
Ordinances and is a legislative act of the City Council of the City of Cape Canaveral.
Page 1 Of 7
NOW, THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, and other good and valuable consideration, which the parties acknowledge
as having been received, the parties agree as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this
reference and deemed a material part of this Agreement.
2.0 Intent and Purpose. The intent and purpose of this Agreement is to convey
a perpetual public beach access easement to the City over, under, and on the easement
Property described in Paragraph 3.(} of this Agreement.
3.0 Easement Property. The real property subject to this Agreement and
easement is legally described and depicted on Exhibit "A," which is hereby fully incorporated
herein by this reference (hereinafter referred to as "Property").
4.0 Conveyance of Easement and Security Fence.
4.1 Upon the effective date of this Agreement, Owner shall execute and
deliver to the City the Perpetual Public Beach Access Easement which
is attached hereto as Exhibit "B," and fully incorporated herein by this
reference (hereina#ler referred to as "Public Beach Access
Easement"). The City shall have the right to record said Public Beach
Access Easement in the public records of Brevard County, Florida.
As deemed necessary by the City to secure priority of the Public
Beach Access Easement over all liens, mortgages, or encumbrances,
Owner agrees to fully cooperate and arrange in obtaining joinders or
consents from any party that may have an interest in the Property,
including all mortgage. companies.
4.2 Within sixty (60) days of the effective date ofthis Agreement, Owner
shall construct a chain-link security fence along the entire length ofthe
southern side of the Property. The height of the fence shall be equal
to the height of the fence located on the north side of the Property.
Owner shall comply with all City fence permit and construction
requirements set forth in the City Code.
5.0 Owner's Representations and Warranties. Owner hereby makes the
following representations, warranties and covenants, all of which shall continue after and
survive the execution of this Agreement:
5.1 Owner has good marketable fee simple title to the Property, free and
clear of all encumbrances.
Page 2 of 7
OR -g= 4860 1 2075
5.2 There are no suits, actions or proceedings (including any proposed
zoning changes or condemnation proceedings) pending or, to the
Owner's knowledge, threatened against Owner or affecting the
Property.
5.3 Owner has received no written or oral notice of any claims, demands,
litigation, proceedings or governmental investigations pending or
threatened against or related to the Property, which claim, demand,
litigation, proceeding or governmental investigation could result in any
judgment, order, decree or settlement which would adversely affect
the Property.
5.4. Owner has not received any uncured written or oral -notice that the
Property is not in compliance with any federal, state or local statute,
ordinance, rule, regulation, requirement or code, including, without
limitation; building, fire, health, environmental and safety codes,
relating and/or applicable to the ownership, use and' operation of the
Property.
5.5 Owner has full right, power and authority to execute, deliver and
perform this Agreement without obtaining any consents or approvals
from, or the taking of any other actions with respect to, any third
parties. This Agreement, when executed by and delivered by Owner
and City, will constitute the valid and binding agreement of Owner,
enforceable against Owner in accordance with its terms.
5.6 Neither the execution of this Agreement nor the consummation of the
transaction contemplated hereby will constitute a violation of or be a
conflict with or constitute a default under any term or provision of any
agreement, lease, deed covenant, or other.obligation to which Owner
is a party or by which Owner or the Property is bound.
5.7 There are no leases, options, purchase agreements, tenancies or land
contracts affecting the Property or any part thereof.
5.8 To the best of the Owner's knowledge, Owner represents that there
do not exist any hazardous- substances, as defined by state and federal
law, at, on, under or about the Property.
6.0 Covenant Not to Further Encumber. Owner shall not lease, sell, or
otherwise convey the Property without City's express written consent. In the event any lien,
mortgage, or encumbrance exists or is placed upon the Property prior to the easement being
conveyed and recorded by the City, Owner shall cause same to be removed at Owner's sole
expense prior to the conveyance of the easement or, alternatively, Owner shall obtain and _
Page 3 of 7
1ti11���1�1�1
CFN:2403088981
I OR Bookipage: 4860 / 2076
record all joinders or consents deemed necessary by the City to secure priority of the Public
Beach Access Easement over such liens, mortgages, or encumbrances. Failure to remove any
such lien, mortgage and encumbrance or obtain the necessary joinders or consents within
thirty (30) days after notice is given to Owner by City, shall constitute a breach of the
Agreement and City shall have all remedies for damages provided by law or in equity
(including specific performance and injunctive relief).
7.0 City Right of Entry. Upon the effective date of this Agreement and prior
to the conveyance of the Public Beach Access Easement to the City, Owner hereby grants the
City and its duly authorized agents and contractors an unconditional right of entry on the
Property to plan for the design, construction and maintenance of the Public Beach Access
Easement.
8.0 Successor and Assigns. Owner shall notify the City, in advance and in
writing, of any transfer of ownership of the Property. This Agreement shall automatically be
binding upon and shall inure to the benefit of the successors and assigns of the Property.
9.0 Applicable Law, Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the Cape Canaveral Code
and Comprehensive Plan. The parties agree that venue shall be exclusively within Brevard
County, Florida, for all state disputes or actions which arise out of or are based upon this
Agreement, and in Orlando, Florida, for all such federal disputes or actions.
10.0 Amendments. This Agreement shall not be modified or amended except by
written agreement executed by all parties hereto and approved by the City Council ofthe City
of Cape Canaveral.
11.0 Entire Agreement: Headings. This Agreement contains the entire
agreement between the parties as to the subject matter hereof. Paragraph headings are for
convenience of the parties only and are not to be construed as part of this Agreement. All
references to whole paragraph numbers (e.g., 15.0) shall include all subparagraphs thereunder
(e.g., 15.1, 15.2, and )5.3),
12.0 Severabifi!y. If any provision of this Agreement shall be held to be invalid
or unenforceable to any extent by a court of competent jurisdiction, the City shall have the
unconditional right to either terminate this Agreement, modify this Agreement with the
Owner's consent, or remain in the Agreement as modified by the court.
13.0 Recordation,. Upon full execution of this Agreement by the parties, this
Agreement shall be recorded by the City in the Public Records of Brevard County, Florida,
and shall run with the land.
it cFN:,003088981
Page 4 of 7OR gaaklPage: 4860 1 2077
14.0 City's Police Powers. Owner acknowledges and agrees that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers. Any City permits
issued on the Property prior to the effective date of this Agreement that are in conflict with
this Agreement are hereby deemed null and void.
15.0 Sovereign Immunity. Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida
Statutes, or any other limitation on the City's potential liability under state or federal law.
16.0 Notices. All notices and correspondence in connection with this Agreement
must be in writing. Notice and correspondence shall be sent by first class mail or hand
delivered at the addresses set forth below or at such other addresses as the parties hereto shall
designate to each other in writing:
16.1 If to City: Mr. Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Telephone- 32.1-868-1230
Facsimile: 321-868-1224
16.2 If to Owner: The Seaport Oceanfront
Condominium Association, Inc.
8850 North Atlantic Avenue
Cape Canaveral, Florida 32920
Telephone: 321-242-9005
Emergency Telephone: 321-784-6400
17.0 Waiver. Any forbearance by the City in exercising any right or remedy under
this Agreement shall not constitute a waiver of or preclude the exercise of any right or
remedy.
18.0 Indemnification and Hold Harmless. Owner agrees to the fullest extent
permitted by law, to indemnify and hold harmless the City, and its Council members,
employees, officers and city attorneys (individually and in their official capacities) from and
against any and all claims, losses, damages, personal injuries (including, but not limited to,
death), or liability (including reasonable attorneys fees through all administrative and appellate
proceedings); directly or indirectly arising out of or resulting from any act or omission of
Owner, and its employees, agents, and contractors under this Agreement and/or in default of
this Agreement.
l�llll�l
1��1�111�
_ CFN:2003088981
Page 5 of 7 oR eooklpase- 4860 / 2078
19.0 City's Right to Seek Equitable .Relief. Owner agrees, acknowledges'and
recognizes that any breach of this Agreement by Owner shall result in irreparable harm to the
City. Owner agrees that in addition to and not in lieu of all legal and equitable remedies
available to City by reason of such breach, City shall be entitled to equitable relief (including,
without limitation, specific performance and injunctive relief} to enjoin the occurrence and
condition of the breach. In addition, should the City have to exercise eminent domain powers
to secure the Public Beach Access Easement, Owner hereby acknowledges and agrees that
Owner will not contest such exercise of authority by the City because it serves a valid public
purpose. Further, Owner acknowledges and agrees that consideration for the Public Beach
Access Easement has already been fully paid. to Owner by City and that no further
compensation of any kind would be due Owner by City in any eminent domain proceeding
initiated by the City to acquire the Public Beach Access Easement.
20.0 Attorneys' Fees. The prevailing party in any litigation arising under this
Agreement shall be entitled'to recover its reasonable attorneys' and paralegal fees and costs,
whether incurred at trial or appeal.
21.0 No Joint Venture. Nothing herein shall be deemed to create a joint venture
or principal -agent relationship between the parties, and neither party is authorized to, nor shall
either party, act toward third persons or the public in any manner which would indicate any
such relationship with the other. -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
WITNESSES:
Print Name: s��
Print Name: Wmi'H,6, 14k. -S
CITY OF CAPE CANAVERAL,
a Florida Municipal Corporation:
Rocky Randels, Mayor
Page 6 of 7
2079
OR 1300WIPage.. 485U
Print Name: (y -•-
Print Name: let -
STATE OF FLORIDA
. COUNTY OF BREVARD
OWNeP
'L::' 10B"°aeso i zoeo
I hereby certify that the foregoing instrument was acknowledged before me this . %97# day of
2003, by ROCKY RANDELS, MAYOR, .Wwho is personally known to me, or
❑ vhio has produced as identification.
.. MY COMMISSION # OD 012391
EicPM tvt Mh 27,20
Ov4sd Pwu NouryPubk Undmnkera
STATE OF FLORIDA
COUNTY OF BREVARD
NOTARY PUBLIC
I hereby certify that the foregoing instrument was acknowledged before me this 14 day of
Ir1A99' , ,2003, by 1gP-r -; ? AnQ#']e of The Seaport
Oceanfront Condominium Association, Inc., who is personally known to me, or ❑ who has produced
as identification.
+' �••` Karen A. Gardner
.Conwniasion # CC 823489 J
� Expires Apr. 4, 2003
Bon dad TW
Atlantic Sanding Co., Ina,
NOTARY PUBLIC
F-.1I)=1CityofCapeCanaverallVillages_of Seaport\Villages of_Seaport Final.wpd
Page 7 of 7
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Solana Lake
Development
Agreement
city Clerk
City of Cape Canaveral
P.O. Box 326 l
Cape Canaveral FL 32920 JI
CFN:2003356241 11-12-2003 08:45 am
DEVELOPMENT AGREEMENT OR Book/Page: 5115 1 3331
THIS DEVELOPMENT AGREEMENT ("Agreement"), made this 6thday of
November 2003, is by and between Solana Lake, Inc. a Florida corporation with
offices located at 1600 North Atlantic Avenue, Suite 201, Cocoa Beach, Florida 32931
("Solana"), and the City of Cape Canaveral, a municipal corporation existing under the
laws of the State of Florida located at 105 Polk Avenue, Cape Canaveral, FL 32920
("City").
RECITALS
WHEREAS, this Agreement is authorized pursuant to the Florida Municipal Home Rule
Powers Act; and
WHEREAS, Solana is in the process of constructing a 192 unit condominium project
located in Cape Canaveral and legally described on Exhibit "A" attached hereto and by
reference made a part hereof; and
WHEREAS, Solana, as a required part of its site plan approval, must construct roadway
improvements on North Atlantic Avenue for vehicles turning east onto Shorewood Drive;
and
WHEREAS, the City and Solana both desire to delay the North Atlantic Avenue
roadway improvements in order to accommodate potential development on private Iands
located west of the roadway improvements and to accommodate Florida Power and
Light's ("FPL") desire to bury power lines on the West side of North Atlantic Avenue;
and
WHEREAS, Solana and the City desire to agree on the terms and conditions of the
roadway improvements as set forth in this Agreement.
NOW THEREFORE, in consideration of the terms and conditions set forth in
this Agreement, and other good and valuable consideration, the receipt of which is hereby
acknowledged by the parties, the City and Solana agree to the following:
1. Incorporation of Recitals.
The foregoing recitals are true and correct and are hereby fully incorporated herein
by this reference as a material part of this Agreement.
2. Solana General Requirements and Conditions.
In consideration of the mutual promises set forth in this Agreement, Solana agrees
to construct the roadway improvements on Brevard County's right-of-way in conformity
Page 1 of 9 Scott Ellis
Clerk Of Courts, Brevard County
#Pgs: 15 #N2mes:2
Trust- 8.00 Rec: 61.00 5erv:0.00
- 0.00 -::xcise:0.00
Mtg: 0.00 int Tax: 0.00
with the attached engineered drawings of roadway improvements pursuant to Exhibit
"B" attached hereto ("Roadway Improvements").
The Roadway Improvements to be constructed by Solana shall include the following:
a) An acceleration and deceleration lane on the east side of the North Atlantic right-
of-way adjacent to the Shorewood Drive entrance.
b) A passing lane on the west side of the North Atlantic right-of-way near the
Shorewood Drive entrance.
c) Sidewalk and landscaping I I II I i i
�I
3. Timing of Roadway Improvements Completion. CFN:2003356241
OR nook/Page: 5115 / 3332
As a condition of this Agreement, Solana will bond the Roadway Improvements
contemplated herein by presenting the City with Solana's contract to construct the
Roadway Improvements as attached in Exhibit "C". The bond amount shall be the
contract amount pursuant to the attached contract plus ten (10%) percent or Thirty
Thousand & No/100 Dollars ($30,000.00). Solana shall be responsible to supervise
construction of the Roadway Improvements. Commencement of the construction shall be
within sixty (60) days of joint written notice from the City and FPL that the project shall
proceed and FPL has completed their engineering of the relocation of the lines
underground. The parties agree that once commenced the construction should progress
pursuant to the schedule set forth in Exhibit "D" attached hereto. The parties
acknowledge that FPL shall design the burying of the power lines on the West side of
North Atlantic Avenue; therefore, the attached schedule is subject to the scheduling
efforts of FPL to accomplish the relocation of the lines. Solana shall use reasonable
efforts to timely complete the Roadway Improvements.
4. Commitments.
Solana hereby agrees to pay the City upon the execution hereof the following:
a) The sum of thirty thousand dollars ($30,000.00) to be used by the City for
improvements to Manatee Park at the City's discretion.
b) The sum of forty thousand dollars ($40,000.00) to be used by the City for
improvements to the traffic control devices utilized at the intersection of
North Atlantic Boulevard and Central Avenue.
5. Canaveral Tree Ordinance.
Solana hereby agrees to fully comply with the terms of Section 102.41, Code of
Ordinances, City of Cape Canaveral by planting the remaining tree replacement inches
upon other property owned by Solana or an affiliated entity of Solana located within the
Page 2 of 9
City's boundaries pursuant to the aforementioned Code. Additionally, if Solana desires
to replace trees on public property within the City, pursuant to the Code, then it shall be
in locations mutually agreed to by the parties hereto.
6. Certificate of Occupancy.
The City agrees that it will not delay the issuance of the remaining Certificates of
Occupancy for the Solana Lake project due to the delay in construction of the road
improvement on North Atlantic Avenue or with the additional time requested to plant the
replacement trees on offsite properties located within the City.
7. Cooperation and Further Assurances.
Solana and the City shall cooperate fully with each other to effectuate the terms,
conditions and intentions of this Agreement. Further, each party agrees to adjust, initial,
re -execute and re -deliver any and all documents subject to this Agreement if deemed
necessary or desirable by one or the other of the parties.
8. Authority and Assignment.
Each party hereby represents and warrants to the other that they have full power
and authority to enter into this Agreement. Solana also represents that it is duly
authorized to bind the Solana Property to the terms and conditions contained in this
Agreement. Solana also represents that all legal and equitable title to the Solana Property
will be vested in and held by Solana. The City also represents that all requirements and
procedures, including public hearings, have been properly conducted so that the
execution hereof by the City shall constitute the final approval of this Agreement by the
City.
9. Notices.
Any notice required or allowed to be delivered hereunder shall be in writing and
shall be deemed to be delivered when: (a) hand delivered to the official hereinafter
designated, or (b) one day after deposit with a nationally recognized overnight courier
service, e.g. Federal Express, Purolator, Airborne, Express Mail etc., or (c) by facsimile
delivery, addressed to a party at the other address as specified below or from time to time
by written notice to the other party delivered in accordance herewith:
Solana: Solana Lake, Inc.
Attention: Mr. Kohn Bennett
1600 N. Atlantic Avenue, Suite 201
Cocoa Beach, FL 32931
Phone: 321-784-8093
Fax: 321-784-3644
CFN:2003356241
OR Book/page: 5115 1 3333
Page 3 of 9
IhIIIIV�IiVII�IIIII�IIIIII�IpI�IhINIIIIIIIIVIII�Gh�
oaBoow..g�.245115 i 3334
With copy to: Towne Realty, Inc.
Attention: James B. Young, Esq.
710 North Plankinton Avenue
Milwaukee, WI 53203
Phone: 414-274-2723
Fax: 414-274-2710
City: City of Cape Canaveral
Attention: Mr. Bennett Boucher
City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1230
Fax: 321-868-1224
With copy to: Brown, Salzman, Weiss & Garganese, P.A.
Attention: Anthony A, Garganese, Esq.
Attorney for the City of Cape Canaveral
225 E. Robinson Street — Suite 660
PO Box 2873
Orlando, FL 32802
Phone: 407-425-9566
Fax: 407-425-9596
Said designated officials and addresses may be amended by providing written
notice to the other party.
10. Defaults.
Failure by either party to perform each and every one of its obligations hereunder
shall constitute a default, entitling the nondefaulting party to pursue whatever remedies
are available to it under Florida law or equity including, without limitation, an action for
specific performance and/or injunctive relief Prior to any party filing any action as a
result of a default under this Agreement, the nondefaulting party shall first provide the
defaulting party with written notice of said default. Upon receipt of said notice, the
defaulting party shall be provided a thirty (30) day opportunity in which to cure the
default to the reasonable satisfaction of the nondefaulting party prior to filing said action.
The prevailing party in any litigation arising under this Agreement shall be entitled to
recover its reasonable attorney's fees and costs, whether incurred at trial or appeal.
Page 4 of 9
ii. oa OR ,g•zi5115 i 3335
This Agreement shall automatically be binding upon and shall inure to the benefit
of the successors and assigns of each of the parties.
12. Applicable Law.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
13. Amendments.
This Agreement shall not be modified or amended except by written agreement
duly executed by both parties hereto.
14. Entire Agreement.
This Agreement supersedes any other agreement, oral or written, and contains the
entire Agreement between the City and Solana as to the subject matter hereof.
15. Severability.
If any provision of this Agreement shall be held to be invalid or unenforceable to
any extent by a court of competent jurisdiction, the same shall not affect in any respect
the validity or enforceability of the remainder of this Agreement.
16. Effective Date.
This Agreement shall become effective upon approval by the City and execution of
this Agreement by both parties (the "Effective Date").
17. Recordation.
This Agreement and any amendments hereto shall be recorded in the public records
of Brevard County, Florida and shall run with the Solana property as described on
Exhibit "A".
is. Relationship of the Parties.
The relationship of the parties to this Agreement is contractual and Solana is an
independent contractor and not an agent of the City. Nothing herein shall be deemed to
create a joint venture or principal -agent relationship between the parties, and neither
party is authorized to, nor shall either party act toward third persons or the public in any
manner which would indicate any such relationship with the other.
Page 5 of 9
IIIUIIIIIIInIIIIiIIIIIRIIIIIIIIIVIIIIIIIIIIInIIIIRI'I�
19. aa,eok..g°24s„s , 3336
Nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, Florida Statutes, or any other
limitation on the City's potential liability under state and federal law.
20. City's Police Power.
The City hereby reserves all police powers granted to the City by law. In no way
shall this Agreement be construed as the City bargaining away or surrendering its police
powers.
21.. Force Ma'eure.
The parties agree that in the event that the failure by either party to accomplish any
action required hereunder within a specified time period ("Time Period") constitutes a
default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party,
including, but not limited to, acts of God, acts of government authority (other than the
City's own acts), acts of public enemy or war, riots, civil disturbances, power failure,
shortages of labor or materials, injunction or other court proceedings beyond the control
of such party, or severe adverse weather conditions ("Uncontrollable Event"), then,
notwithstanding any provision of this Agreement to the contrary, that failure shall not
constitute a default under this Agreement and any Time Period proscribed hereunder shall
be extended by the amount of time that such party was unable to perform solely due to
the Uncontrollable Event.
22. Interpretation.
The parties hereby agree and acknowledge that they both participated equally in the
drafting of this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
23. Permits.
The failure of this Agreement to address any particular City, county, state, and
federal permit, condition, term, or restriction shall not relieve Solana or the City of the
necessity of complying with the law governing said permitting requirements, conditions,
term, or restriction.
24. Third Party Rights.
This Agreement is not a third party beneficiary contract and shall not in any way
whatsoever create any rights on behalf of any third party.
Page 6 of 9
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�'' Counterparts. oxaw a.g.�a51 15 / 3337
This Agreement may be executed in any number of counterparts, each of which
when, so executed and delivered shall be considered an original agreement; but such
counterparts shall together constitute but one and the same instrument.
26. Declaration of the City_ of Cape Canaveral.
The City hereby finds that this Agreement is consistent with the City's
Comprehensive Plan and land development regulations and is a legislative act of the City.
The City further finds that this Agreement promotes the public health, safety, and welfare
and is consistent with, and an exercise of, the City's powers under the Municipal Home
Rule Powers Act, as provided in s. 2(b), Article VIII of the Florida Constitution and
Chapter 166.021, Florida Statutes, and the City's police powers.
27. Conflict with City Code.
To the extent the City determines there is a specific conflict between the provisions
of the City code and this Agreement, the parties agree that the provisions of this
Agreement shall control as if approved by the City as a legislative act.
IN WITNESS WHEREOF, Solana and the City have executed this Agreement
in form sufficient to bind them as of the day and year first above written.
Witnesses: S1
t a
B
Print Name: , N1 'L \ "C
Printgame: �r a e, �•, �- S`. N
Page 7 of 8
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opa=okiP.s- 5115 / 3338
STATE OF CL `)z 1,0,4
COUNTY OF
The foregoing instrument was acknowledged before me this day of
A16 „e—x A,y,_ , 2003 by Kohn Bennett, Vice President of Solana Lake, Inc., a Florida
corporation, who executed the foregoing instrument and acknowledged before me that
he executed the same for the uses and purposes therein expressed and who is personally
know to me or who has produced f7.1-, 4as identification and who did not
take an oath.
e VIRGINIA S. HAAS
MY COMMISSION # DDEXPIRES: January 30, 2007
381049
Page 8of9
Notary Public Signature
Typed or Printed Notary Name
Notary Public -State of FL.g�e<��
Commission No.: 44 DD 1 Si 04 6)
My commission expires: /L,3&/,;-,
Witnesses: C)
Print Name: n , - 1
Print Name:
STATE OF Fljr;da
COUNTY OF
CITY OF CAPE CANAVERAL,
A municipal corporation existing
under the laws of the State of
Florida,
By. 1
Rocky Randel�
Mayor cr�-j i je'�
The foregoing instrument was acknowledged before me this 1 ,1q.day of
2003 by Rocky Randels, Mayor, who is personally kno to me and who
did not take an oath.
"e SUSAN STILL$
y��¢Y
'S MY COMMISSIQN # DD 012391
? a: EXPIRES: march 27, 2005
%Q;V"'1 ' Bonded Thru Notary Public Underwriters
NotaryF ublic S i�gnatre
Typed or Printed Notary Name
Notary Public -State of fl64;d,$
CommissionNo.:fz34r
My commission expires: .
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OR ePow,e=. 5115 i 3339
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